{ "generated_at": "2026-05-09T02:02:44.141Z", "doc_count": 5920, "field_notes": { "json_url": "Per-doc enrichment record — full bilingual payload including source body.", "html_url": "Server-rendered HTML page with bilingual title, summary, excerpt, citation graph.", "source_url": "Upstream PGR or Nexus URL (authoritative original)." }, "docs": [ { "id": "case-02-003124-0007-co", "citation": "Exp. 02-003124-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Definition of the right to a healthy and ecologically balanced environment", "title_es": "Definición del derecho a un ambiente sano y ecológicamente equilibrado", "summary_en": "The Constitutional Chamber, through Ruling 2181-2002, establishes that Article 50 of the Constitution protects not just the obvious environment, but an environment that enjoys specific characteristics of ecological balance. The Chamber defines the environment as a set of elements (natural, artificial or human-induced, physical, chemical, biological, and sociocultural) that form a genuine system. It clarifies that the right is not simply to environmental protection, but to a healthy and ecologically balanced environment, which implies qualitative considerations. This interpretation reinforces standing to defend the environment, by determining that the diffuse interest protected by Article 50 is not an individual subjective right, but a general and legitimate interest enforceable through the amparo remedy, even without direct damage to the individual.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-02-003124-0007-co.json", "html_url": "/legal/doc/case-02-003124-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?param1=ASC&nValor1=1¶m5=02-003124-0007-CO&strTipM=E&strAsunto=norma" }, { "id": "case-05-000116-0007-co", "citation": "Exp. 05-000116-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo on duty to justify denial of forest harvesting permit", "title_es": "Amparo sobre deber de justificar denegatoria de permiso de aprovechamiento forestal", "summary_en": "The Constitutional Chamber analyzed whether the failure to provide grounds for the denial of a forest harvesting permit violates the right to a healthy environment. The petitioner argued that the forestry authority did not adequately justify the denial. The Chamber found that insufficient reasoning in an administrative act that impacts the environment may constitute a violation of the right to an ecologically balanced environment, protected by Article 50 of the Constitution. It held that the administration must clearly and thoroughly state the technical and legal reasons for its environmental decisions, enabling the petitioner to exercise his right to defense and allowing society to verify that public interest is protected. The court established that the right to a healthy environment implies a duty of transparency and enhanced reasoning in administrative environmental decisions. The appeal was granted, and the respondent authority was ordered to issue a new, fully reasoned act based on technical and legal criteria, safeguarding the right to participation and citizen oversight of decisions affecting natural resources.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "art-50-constitution", "forestry-law-7575" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-05-000116-0007-co.json", "html_url": "/legal/doc/case-05-000116-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?param1=ASC&nValor1=1¶m5=05-000116-0007-CO&strTipM=E&strAsunto=norma" }, { "id": "case-07-013975-0007-co", "citation": "Exp. 07-013975-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "No due process violation in execution of environmental closure order", "title_es": "No se vulnera el debido proceso en ejecución de clausura ambiental", "summary_en": "The Constitutional Chamber denies an amparo action filed against the Environmental Agrarian Prosecutor's Office and the Environmental Administrative Tribunal for executing a closure order for a landfill. The plaintiffs alleged a due process violation because the order was executed without prior notice and while an appeal was pending. The Chamber finds that the execution was not arbitrary: the Tribunal had already resolved the appeal before executing the closure, and notification of that resolution was properly made by fax to the designated address and publication in the judicial bulletin. It further notes that the Prosecutor's Office acted within its legal powers by accompanying the procedure. Thus, the amparo is denied for lack of violation of the fundamental rights invoked.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-07-013975-0007-co.json", "html_url": "/legal/doc/case-07-013975-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=07-013975-0007-CO&strTipM=E" }, { "id": "case-07-014812-0007-co", "citation": "Exp. 07-014812-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Logging without management plan or environmental impact study", "title_es": "Tala sin plan de manejo y sin estudio de impacto ambiental", "summary_en": "This amparo action was filed against the Cordillera Volcánica Central Conservation Area and the Municipality of Sarapiquí for failing to stop unpermitted tree cutting on a forested property. The Constitutional Chamber denied the claim, finding that the authorities had indeed taken action: the Conservation Area documented the violations, filed a criminal complaint, and initiated administrative sanction proceedings; the municipality, upon learning of irregular timber transport, seized the wood and imposed a fine. The ruling distinguishes two statutory scenarios: logging without a management plan on agricultural land without forest cover (Article 27 of the Forestry Law), and logging on forested land, which additionally requires an environmental impact study (Article 18 read together with Article 19 of the same law). The court held there was no actionable omission of fundamental rights and that ordinary criminal and administrative avenues were underway; therefore, amparo was not the proper mechanism to litigate the merits or to supplant the criminal jurisdiction.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "procedural-environmental", "criminal-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-07-014812-0007-co.json", "html_url": "/legal/doc/case-07-014812-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=07-014812-0007-CO&strTipM=E" }, { "id": "case-08-004755-0007-co", "citation": "Exp. 08-004755-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Environmental amparo against tourism project on forested lands", "title_es": "Amparo ambiental contra proyecto turístico en terrenos boscosos", "summary_en": "The Constitutional Chamber heard an amparo filed by an environmental association against the Ministry of Environment, Energy and Telecommunications (MINAET), the Geology and Mines Directorate, and other entities, regarding a tourism project that allegedly threatened forested lands. The petitioners argued the project would harm water resources, soil, and forest cover, and that the Environmental Impact Declaration was issued irregularly. The Chamber examined whether the rights to a healthy and ecologically balanced environment, the precautionary principle, and due process were violated. It concluded that no imminent threat or illegality in the administrative actions was proven, and therefore denied the amparo, but urged the authorities to exercise heightened oversight of the project.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "art-50-constitution", "environmental-law-7554" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-08-004755-0007-co.json", "html_url": "/legal/doc/case-08-004755-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=08-004755-0007-CO&strTipM=E" }, { "id": "case-08-009215-0007-co", "citation": "Exp. 08-009215-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo against SETENA for water concession in protected area", "title_es": "Amparo contra SETENA por concesión de agua en área protegida", "summary_en": "The Constitutional Chamber granted an amparo action against the Arenal Tempisque Conservation Area (ACAT) of MINAE and other entities, concerning a water concession within the Tenorio Volcano National Park, a protected wilderness area in the public domain. The decision held that the concession granted by MINAE to a private corporation violated the Public Administration Act and the Water Law, because public domain assets cannot be granted to private parties for exclusive commercial exploitation, and the environmental variable was not properly assessed. The concession was annulled, MINAE was ordered to conduct environmental impact studies, and the Chamber referred the matter to the Public Prosecutor for possible criminal offenses. The ruling emphasizes the duty to protect a healthy and ecologically balanced environment under Article 50 of the Constitution.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-08-009215-0007-co.json", "html_url": "/legal/doc/case-08-009215-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=08-009215-0007-CO&strTipM=E" }, { "id": "case-09-013277-0007-co", "citation": "Exp. 09-013277-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo denied for lack of standing in environmental complaint", "title_es": "Amparo rechazado por falta de legitimación activa en denuncia ambiental", "summary_en": "The Constitutional Chamber examined whether the petitioner had standing to file an amparo regarding an allegedly unprocessed environmental complaint. The core issue was the signature on the complaint, which required full identification under Article 27 of the Forestry Law. The court found the petitioner lacked sufficient active standing, as he failed to demonstrate direct harm or adequately establish a diffuse interest, and thus dismissed the claim on its merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-09-013277-0007-co.json", "html_url": "/legal/doc/case-09-013277-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?param1=ASC&nValor1=1¶m5=09-013277-0007-CO&strTipM=E&strAsunto=norma" }, { "id": "case-10-002789-0007-co", "citation": "Exp. 10-002789-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo against eviction in the Maritime Terrestrial Zone", "title_es": "Amparo contra desalojo en la Zona Marítimo Terrestre", "summary_en": "The Constitutional Chamber heard an amparo filed by an occupant of land in the Maritime Terrestrial Zone in Moín, Limón, against the Maritime Terrestrial Zone Directorate of the Municipality of Limón, following an attempted eviction. The petitioner alleged violations of his rights to housing, a healthy environment, and due process, arguing that the demolition order for his dwelling lacked proper administrative procedure. The Chamber analyzed the legal nature of the Maritime Terrestrial Zone and the requirement that any restriction or eviction respect the right to defense. It ultimately granted the amparo, ordering the respondent authority to refrain from carrying out the eviction without prior administrative proceedings that guaranteed the petitioner's right to be heard and to defend himself, recognizing diffuse standing for the protection of the right to a healthy environment.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-10-002789-0007-co.json", "html_url": "/legal/doc/case-10-002789-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?param1=ASC&nValor1=1¶m5=10-002789-0007-CO&strTipM=E&strAsunto=norma" }, { "id": "case-10-005581-0007-co", "citation": "Exp. 10-005581-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Unconstitutionality of municipal authorization requirement in maritime-terrestrial zones and coastal developments", "title_es": "Inconstitucionalidad de la obligación de autorización municipal en zonas marítimo-terrestres y urbanizaciones costeras", "summary_en": "The Constitutional Chamber reviews a claim of unconstitutionality against Articles 70 to 75 of the Urban Planning Law concerning the requirement of municipal authorization for land segregations and developments. The plaintiff alleged violations of Articles 169 and 170 of the Constitution (municipal autonomy), Article 50 (right to a healthy environment), and Forestry Law 7575, arguing that applying uniform subdivision rules to all land types, including maritime-terrestrial zone and forest, disregards ecological particularities. The Chamber dismisses the claim on the merits, holding that municipal intervention in these processes is a legitimate urban and environmental police measure that does not encroach upon the maritime-terrestrial zone (excluded from private property), and that INVU lacks jurisdiction in those areas. It finds no violation of municipal autonomy, since the prior approval requirement serves public interest. The ruling reaffirms the constitutionality of municipal control over subdivisions and developments, even in ecologically sensitive areas such as forests and coasts, provided the special public domain regime is not affected.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-10-005581-0007-co.json", "html_url": "/legal/doc/case-10-005581-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?param1=ASC&nValor1=1¶m5=10-005581-0007-CO&strTipM=E&strAsunto=norma" }, { "id": "case-10-011393-0007-co", "citation": "Exp. 10-011393-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Inadmissibility of amparo against demolition order due to lack of evidence of environmental harm", "title_es": "Improcedencia de amparo contra orden de demolición por falta de prueba del daño ambiental", "summary_en": "This case resolves an amparo action filed by neighbors and an environmental association against a municipal demolition order in Gandoca-Manzanillo, which sought to protect a mangrove that the petitioners claimed was being affected. The Constitutional Chamber dismissed the recourse for lack of evidence of the alleged environmental harm. The court held that the petitioners failed to prove the violation of the environmental rights invoked, as they did not establish the actual existence of the mangrove or specific damage to the ecosystem. The decision stresses that in environmental amparo proceedings, it is necessary to prove, at least summarily, the threat or damage to the environment for the remedy to be granted, reiterating that mere invocation of diffuse interests does not relieve the minimum burden of proof.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-10-011393-0007-co.json", "html_url": "/legal/doc/case-10-011393-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=10-011393-0007-CO&strTipM=E" }, { "id": "case-11-015911-0007-co", "citation": "Exp. 11-015911-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo on Government Response Validity Regarding Lack of Indigenous Consultation and Environmental Feasibility", "title_es": "Amparo sobre validez de respuesta gubernamental por omisión de consulta indígena y viabilidad ambiental", "summary_en": "The Constitutional Chamber reviewed an amparo against the Ministry of the Presidency and other authorities regarding the response to a petition claiming lack of prior and informed consultation in the permit process for the Diquís hydroelectric project. The court found that the government's response was comprehensive and did not violate the petitioners' fundamental rights, as the petition was adequately addressed. However, the Chamber emphasized the State's obligation to consult indigenous peoples when legislative or administrative measures affect their rights, in accordance with ILO Convention 169, the Constitution, and Costa Rica's international commitments. It clarified that consultation is not a mere formality, but a mechanism for genuine dialogue aimed at obtaining free, prior, and informed consent, conducted in good faith and in a culturally appropriate manner. The amparo was denied because the government's response was deemed sufficient.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-11-015911-0007-co.json", "html_url": "/legal/doc/case-11-015911-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=11-015911-0007-CO&strTipM=E" }, { "id": "case-12-011721-0007-co", "citation": "Exp. 12-011721-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Cumulative impact requires joint assessment of connected projects", "title_es": "Impacto acumulativo requiere evaluación conjunta de proyectos conexos", "summary_en": "The Constitutional Chamber reviews an amparo challenging SETENA's approval of environmental viability for two material extraction projects in the Chirripó River bed. The petitioner argued that a single activity was illegally fragmented into two D1 files to avoid a D2 process, and that indigenous consultation was omitted. The Court found that SETENA violated the cumulative impact assessment principle, indigenous consultation rights, and the right to a healthy environment. It held that when several projects are functionally and geographically connected, they must be assessed jointly via a cumulative impact evaluation. It also emphasized the duty to ensure public participation, including public hearings, particularly when indigenous territories are affected. The court annulled SETENA's resolutions and ordered a cumulative impact study with indigenous consultation, upholding the precautionary and non-regression principles.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "indigenous-law-6172" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-12-011721-0007-co.json", "html_url": "/legal/doc/case-12-011721-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=12-011721-0007-CO&strTipM=E" }, { "id": "case-13-006041-0007-co", "citation": "Exp. 13-006041-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo on demolition in forested area and natural hazard in Cartago", "title_es": "Amparo sobre demolición en área boscosa y riesgo natural en Cartago", "summary_en": "In case file 13-006041-0007-CO, the petitioner filed an amparo action challenging the Municipality of Cartago’s decision to demolish dwellings for violating municipal regulations, while the property was located in a forested area with natural hazards. The constitutional court examined the case and found that the petitioners’ fundamental rights had not been violated, as the municipality had acted in accordance with the law: construction work was carried out on an electric line easement, on forest land without authorization, and in an active landslide zone. Additionally, due process was followed in the administrative proceedings. The Chamber dismissed the amparo, thus confirming the legality of the demolition order to protect the environment, safety, and land-use planning.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-13-006041-0007-co.json", "html_url": "/legal/doc/case-13-006041-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=13-006041-0007-CO&strTipM=E" }, { "id": "case-13-011311-0007-co", "citation": "Exp. 13-011311-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo appeal against laboratory in Saret Free Zone Industrial Park", "title_es": "Recurso de amparo contra laboratorio en Parque Industrial Zona Franca Saret", "summary_en": "The Constitutional Chamber reviewed an amparo appeal filed against a pharmaceutical laboratory located in the Saret Free Zone Industrial Park, where the appellants alleged environmental and health impacts. The Court denied the appeal on its merits, finding that the company held the required environmental and health permits, and that no direct harm to the fundamental rights invoked was proven. The ruling reiterates that environmental amparo requires proof of a certain and imminent threat to rights, and that mere proximity to an industrial activity is not sufficient to establish a violation of the right to a healthy environment. It also emphasized that administrative and criminal channels are the appropriate avenues to address potential regulatory non-compliance, rather than the amparo remedy, which is exceptional and subsidiary.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-13-011311-0007-co.json", "html_url": "/legal/doc/case-13-011311-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=13-011311-0007-CO&strTipM=E" }, { "id": "case-13-012064-0007-co", "citation": "Exp. 13-012064-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo against denial of cadastral plan registration absent regulatory plan in risk area", "title_es": "Amparo contra denegatoria de inscripción de plano sin plan regulador y en área de riesgo", "summary_en": "This case file contains the summary of the Constitutional Chamber's ruling on an amparo action filed against a municipality's refusal to approve a cadastral plan for a property in a rural zone. The plaintiff argued that the municipality was imposing requirements not mandated by law, including the application of a regulatory plan not yet in force for that area, thereby violating fundamental rights. The Constitutional Chamber examined whether the denial infringed upon the right to property and due process, taking into account environmental and land-use regulations that obligate the municipality to verify the existence of environmental risks and compatibility with territorial planning instruments, even when they are still in the approval process. The ruling establishes criteria on the scope of municipal urbanistic control powers versus property rights in risk-prone areas. The summary does not state the final outcome of the amparo, but highlights the tension between urban development and natural hazard prevention.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "landscape-protection", "subdivision-fraccionamiento", "_off-topic" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-13-012064-0007-co.json", "html_url": "/legal/doc/case-13-012064-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=13-012064-0007-CO&strTipM=E" }, { "id": "case-14-015151-0007-co", "citation": "Exp. 14-015151-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Right to request demarcation of protection zones against illegal occupants", "title_es": "Derecho a solicitar demarcación de zona de protección contra ocupantes ilegales", "summary_en": "The Constitutional Court granted an amparo action filed by a landowner against the State, SINAC, and the Arenal Tempisque Conservation Area for failing to demarcate the protection zones around water springs on his property, which had been illegally occupied by third parties. The petitioner had repeatedly requested the demarcation of 200‑ and 100‑meter protection radii around the springs, as required by the Forestry Law, in order to pursue eviction proceedings against the illegal occupants. The Court found that the administration, despite being aware of the requests and the unauthorized occupation, did not carry out the physical delimitation within a reasonable time, merely issuing an inspection report that failed to establish the actual boundaries of the protection zone, thereby frustrating the landowner’s right to protect the water resources. The Conservation Area was ordered to complete the demarcation within six months, applying the in dubio pro natura principle and Article 50 of the Constitution, which recognizes the right to a healthy and ecologically balanced environment.", "primary_topic_id": "water-law", "topic_ids": [ "art-50-constitution", "water-law", "procedural-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-14-015151-0007-co.json", "html_url": "/legal/doc/case-14-015151-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?param1=ASC&nValor1=1¶m5=14-015151-0007-CO&strTipM=E" }, { "id": "case-16-005486-0007-co", "citation": "Exp. 16-005486-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo dismissed for lack of concrete injurious act in forest land-use change claim", "title_es": "Improcedencia de amparo por cambio de uso de suelo en terreno de bosque sin acto lesivo concreto", "summary_en": "The Constitutional Chamber dismissed on the merits an amparo action against the Ministry of Environment and Energy (MINAE) for an alleged failure to protect a forested property in San Carlos. The petitioner, owner of an adjoining farm, claimed that MINAE tolerated logging and land-use change on a neighboring property despite its classification under the cantonal regulatory plan as a natural-resource protection zone. The Chamber held that no concrete injurious act attributable to MINAE (a verifiable action or omission) was proven, since the petitioner only submitted photos of the property and the regulatory plan, without showing that MINAE had authorized or tolerated illegal activities. Moreover, a consultation with the municipality of San Carlos revealed no complaints or permits for construction or forest harvesting on that farm. The Chamber concluded that an amparo cannot be based on mere conjecture or fear of future environmental harm, and therefore dismissed the action. The decision emphasizes the need to prove a concrete administrative act or omission for an environmental amparo to succeed, distinguishing the diffuse standing in environmental matters from the minimum evidentiary burden required.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-16-005486-0007-co.json", "html_url": "/legal/doc/case-16-005486-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=16-005486-0007-CO&strTipM=E" }, { "id": "case-16-012068-0007-co", "citation": "Exp. 16-012068-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Constitutional Chamber upholds constitutionality of Forestry Law article 63", "title_es": "Sala Constitucional confirma constitucionalidad del artículo 63 de la Ley Forestal", "summary_en": "The Constitutional Chamber dismissed an unconstitutionality claim against article 63 of the Forestry Law, which protects forestry resources on private land. The claimant argued the rule violates private property rights (Constitution article 45) by imposing land-use restrictions without compensation. The Chamber, based on article 50 of the Constitution on the right to a healthy environment and the precautionary principle, ruled that environmental protection prevails over private interests when it comes to forests and forestry land. It highlighted that the State has a duty to ensure an ecologically balanced environment, which justifies restrictions on private property without this constituting a constitutional violation. The action was denied by majority vote.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "art-50-constitution" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-16-012068-0007-co.json", "html_url": "/legal/doc/case-16-012068-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=16-012068-0007-CO&strTipM=E" }, { "id": "case-16-015021-0007-co", "citation": "Exp. 16-015021-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo for illegal logging in forest area", "title_es": "Amparo por tala ilegal en zona boscosa", "summary_en": "The Constitutional Chamber heard an amparo action against illegal logging in a forest area protected by the Forestry Law. The petitioner claimed that environmental authorities failed to prevent and punish unauthorized tree felling, violating the right to a healthy and ecologically balanced environment. The Chamber examined whether the administrative omission constituted a threat to forest resources and, after evaluating the evidence, granted the amparo. It ordered SINAC and the agrarian-environmental prosecutor's office to take necessary protective measures, investigate the facts, and restore the damage caused to the ecosystem. The ruling reaffirms the State's duty to act against environmental harm, applying the principles of prevention and precaution in forestry matters.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-16-015021-0007-co.json", "html_url": "/legal/doc/case-16-015021-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/utilitarios/PagError.aspx?nError=3" }, { "id": "case-17-016246-0007-co", "citation": "Exp. 17-016246-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo against agricultural land use in Biological Corridor", "title_es": "Amparo contra uso de suelo agrícola en Corredor Biológico", "summary_en": "The Constitutional Chamber heard an amparo filed by an individual against the Municipality of Buenos Aires de Puntarenas, the Water Directorate of MINAE, and SINAC, claiming that the change of land use from forest to agriculture on a farm within the Paso de la Danta Biological Corridor violated his fundamental rights. The petitioner argued that the authorities failed to enforce environmental regulations, particularly the Forestry Law and the Wildlife Conservation Law, by permitting agricultural activities in areas that must maintain forest cover. The Chamber dismissed the amparo, holding that the farm in question is not registered as forest in the national cadastre, that no direct and concrete harm to the petitioner's rights was demonstrated, and that the requested interim measures lacked sufficient factual basis. The ruling emphasizes that environmental protection constitutes a diffuse interest that cannot be protected through amparo absent personal and direct harm, and refers the petitioner to ordinary administrative and criminal channels to report possible infractions.", "primary_topic_id": "biological-corridors", "topic_ids": [ "procedural-environmental", "forestry-law-7575", "biological-corridors" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-17-016246-0007-co.json", "html_url": "/legal/doc/case-17-016246-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=17-016246-0007-CO&strTipM=E" }, { "id": "case-18-005745-0007-co", "citation": "Exp. 18-005745-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Public hearing in municipal regulatory plan formulation", "title_es": "Audiencia pública en formulación de plan regulador municipal", "summary_en": "This Constitutional Chamber case file concerns an amparo action filed against the Municipality of Orotina for the alleged failure to hold a public hearing during the formulation and approval process of the cantonal Regulatory Plan. The petitioners alleged violations of the rights to a healthy environment, citizen participation, and information, protected by Articles 50 and 30 of the Constitution, as well as by current environmental and urban planning regulations, particularly the Urban Planning Law (Law 4240) and the regulations on regulatory plan preparation (Decrees 32967 and 42278). The central dispute was whether the municipality was obligated to call a public hearing during the plan’s drafting phase, and whether its omission violated the fundamental rights of the neighbors. The Constitutional Chamber examined the legal framework applicable to regulatory plans and the nature of citizen participation in these processes. It verified whether the public hearing requirement had actually been breached and, if so, what legal consequences derived from that omission, and whether constitutional protection through amparo was appropriate. The Chamber's final decision determined whether a constitutional violation occurred and how it should be remedied.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-18-005745-0007-co.json", "html_url": "/legal/doc/case-18-005745-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=18-005745-0007-CO&strTipM=E" }, { "id": "case-18-009400-0007-co", "citation": "Exp. 18-009400-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo appeal for logging in Tivives Protected Zone", "title_es": "Recurso de amparo por tala en Zona Protectora Tivives", "summary_en": "The Constitutional Chamber heard an amparo appeal filed against the National System of Conservation Areas (SINAC) and the Central Conservation Area (ACC) for their alleged failure to protect natural resources in the Tivives Protected Zone, specifically regarding tree felling carried out on private property without the required permits. The appellant claimed that the authorities failed to act to stop the logging or to restore the damage. The Chamber analyzed the applicable legal framework, including the Forestry Law and the Organic Environmental Law, and determined that the respondents had taken some administrative actions, but these were insufficient to fulfill their duty of protection. Consequently, the Chamber granted the appeal, ordering SINAC and the ACC to adopt all necessary measures to restore the affected area and guarantee the effective protection of the Tivives Protected Zone, in accordance with current environmental and forestry legislation.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-18-009400-0007-co.json", "html_url": "/legal/doc/case-18-009400-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=18-009400-0007-CO&strTipM=E" }, { "id": "case-19-023057-0007-co", "citation": "Exp. 19-023057-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo for non-compliance with sanitary orders", "title_es": "Amparo por incumplimiento de órdenes sanitarias", "summary_en": "This Constitutional Court case involves an amparo action filed for non-compliance with sanitary orders. The case concerns the execution of sanitary measures affecting fundamental rights. The Court had to determine whether the administration had failed to comply with previously ordered provisions, assessing the rights to health and a healthy environment. The ruling analyzes the admissibility of amparo to demand the fulfillment of obligations to act by authorities, as well as the limits of the action against administrative omissions. The final decision determined the scope of state responsibility in protecting public health and the environment, declaring whether there was a violation of constitutional rights.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-19-023057-0007-co.json", "html_url": "/legal/doc/case-19-023057-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?param1=ASC&nValor1=1¶m5=19-023057-0007-CO&strTipM=E" }, { "id": "case-20-022308-0007-co", "citation": "Exp. 20-022308-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo regarding logging authorization near Gandoca Lagoon", "title_es": "Amparo sobre autorización de tala en zonas aledañas a la Laguna de Gandoca", "summary_en": "Case file 20-022308-0007-CO involves an amparo action filed before the Constitutional Chamber against the Limón Regional Directorate of MINAE and SINAC for authorizing tree felling on private land near Gandoca Lagoon, within the Gandoca-Manzanillo National Wildlife Refuge. The plaintiffs alleged violations of the right to a healthy environment and public participation, as no environmental impact study or public consultation was conducted despite the area's ecological fragility. The Chamber granted the amparo, annulled the logging authorizations, and ordered restoration measures, based on the precautionary and in dubio pro natura principles and the state's duty to protect coastal ecosystems and wetlands under the Constitution and environmental laws.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "art-50-constitution", "wildlife-law-7317", "procedural-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-20-022308-0007-co.json", "html_url": "/legal/doc/case-20-022308-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?param1=ASC&nValor1=1¶m5=20-022308-0007-CO&strTipM=E&strAsunto=norma" }, { "id": "case-21-014035-0007-co", "citation": "Exp. 21-014035-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Right to water in Los Santos communities, Puntarenas", "title_es": "Derecho al agua en comunidades Los Santos, Puntarenas", "summary_en": "This case involves an 'amparo' action filed against the Municipality of Puntarenas, MINAE, the Water Directorate, and SINAC, alleging a violation of the right to water for residents of several communities in the canton. The complaint denounced the operation of a hydroelectric project on the Aranjuez River that allegedly affected the flow, as well as the lack of protection of springs and a water concession granted without meeting requirements. The Constitutional Chamber found that the respondent authorities had fulfilled their environmental control and monitoring duties. It was determined that the ecological flow was guaranteed and monitoring plans were in place. Although some administrative breaches in the concession were identified, they were not considered to directly violate fundamental rights. The appeal was partially upheld, ordering minor corrective measures, but without suspending the project because no harm to the environment or water supply was proven.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-21-014035-0007-co.json", "html_url": "/legal/doc/case-21-014035-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?param1=ASC&nValor1=1¶m5=21-014035-0007-CO&strTipM=E&strAsunto=norma" }, { "id": "case-23-014602-0007-co", "citation": "Exp. 23-014602-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Use of cocobolo and health threat in environmental amparo", "title_es": "Uso de palo de rosa y amenaza a la salud en amparo ambiental", "summary_en": "The petitioner filed an amparo action claiming that, near their home, cocobolo wood was being stored and worked intensively, generating excessive noise and fine dust that threatened their hearing and respiratory health, as well as the environment. They argued that, despite complaints to several authorities, no effective measures were taken. The Constitutional Chamber examined whether this situation constituted a violation of the right to a healthy and ecologically balanced environment (Article 50 of the Constitution) and whether the respondent authorities had failed in their duties of protection. The Chamber analyzed the admissibility of the amparo and the requirements for its viability in environmental matters, assessing the petitioner’s standing and the nature of the alleged threat.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-23-014602-0007-co.json", "html_url": "/legal/doc/case-23-014602-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?nValor1=1¶m5=23-014602-0007-CO&strTipM=E" }, { "id": "case-94-000757-0007-co", "citation": "Exp. 94-000757-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Public hearing participation and access to Constitutional Chamber", "title_es": "Participación en audiencia pública ambiental y acceso a la Sala Constitucional", "summary_en": "This Constitutional Chamber case file addresses, in the context of an unconstitutionality action, the validity of Article 22 of the Environmental Organic Law (Law 7554) and the nature of the amparo remedy after participation in an environmental public hearing. In essence, it discusses whether individuals and organizations that take part in an environmental impact assessment public hearing have standing to directly challenge subsequent administrative acts through amparo, or whether they must exhaust ordinary judicial remedies (such as the contentious-administrative jurisdiction). The Constitutional Chamber analyzes the right to a healthy environment and diffuse standing, determining that participation in the public hearing does not turn the participant into a party to the administrative proceeding with direct active standing for amparo; rather, the diffuse nature of the environmental interest is preserved. Thus, access to constitutional justice in environmental matters is delimited, clarifying the scope of Article 50 of the Constitution and Law 7554.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "environmental-law-7554", "art-50-constitution" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-94-000757-0007-co.json", "html_url": "/legal/doc/case-94-000757-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?param1=ASC&nValor1=1¶m5=94-000757-0007-CO&strTipM=E&strAsunto=norma" }, { "id": "case-98-002860-0007-co", "citation": "Exp. 98-002860-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Limits on concessions in forest spring protection zones", "title_es": "Límites a concesiones en zonas de protección de nacientes en bosque", "summary_en": "The Constitutional Chamber partially granted a constitutional challenge against several articles of the Forestry Law (Law 7575) and the General Public Administration Law. Petitioners argued that the prohibition on granting concessions in spring protection zones within forested lands violated property rights and the principle of reasonableness. The court held that such limitations are not unreasonable because they pursue the protection of water resources and the environment, which are superior public interests. However, it declared unconstitutional a provision of the Forestry Law that absolutely prohibited tree felling in those zones without considering the possibility of exceptional authorizations, ordering that it be interpreted to allow such exceptions. It also emphasized that property restrictions for environmental reasons must have a legal basis and balance public interest against individual rights.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-98-002860-0007-co.json", "html_url": "/legal/doc/case-98-002860-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?param1=ASC&nValor1=1¶m5=98-002860-0007-CO&strTipM=E&strAsunto=norma" }, { "id": "case-98-006524-0007-co", "citation": "Exp. 98-006524-0007-CO", "section": "case_summaries", "doc_type": "case_summary", "title_en": "Amparo against logging in La Cusinga Golf project", "title_es": "Amparo contra tala en proyecto La Cusinga Golf", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a group of neighbors against the felling of trees on the property of the ‘La Cusinga Golf’ project, located in Quebrada Ganado, with remnants of tropical dry-transition forest. The petitioners alleged a violation of the right to a healthy and ecologically balanced environment. The Chamber recalled that this right, enshrined in Article 50 of the Constitution, is a supra-individual legal interest that can be protected by amparo filed by any person, without the need to prove direct personal injury. In this case, it found that the forest harvesting permits had been issued by the competent authority and that the logging activities were being carried out in accordance with those permits. No arbitrary or illegal act on the part of the respondent authorities or the company was proven. The Chamber concluded that no violation of the fundamental rights invoked had occurred and declared the action GROUNDLESS.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "", "year": "", "json_url": "/data/legal/docs/case-98-006524-0007-co.json", "html_url": "/legal/doc/case-98-006524-0007-co", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/asunto_cons/asu_asunto_const.aspx?param1=ASC&nValor1=1¶m5=98-006524-0007-CO&strTipM=E&strAsunto=norma" }, { "id": "nexus-act-1-0003-3214-70", "citation": "Acta Consejo Superior 077-2016", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Report on persons detained for more than six months, Criminal Court of the Third Judicial Circuit of San José", "title_es": "Informe de personas detenidas por más de seis meses, Juzgado Penal del Tercer Circuito Judicial de San José", "summary_en": "The Superior Council of the Judiciary acknowledges a report submitted by the Coordinating Judge of the Criminal Court of the Third Judicial Circuit of San José, listing criminal cases with persons in pretrial detention for more than six months. The report details five cases for crimes such as drug trafficking, homicide, and attempted homicide, providing detention dates, pretrial detention periods, and noting that all cases are under investigation by the Public Prosecutor's Office. The judge complies with the Council’s prior request to monitor detention periods and prioritize trial setting for cases exceeding one year of pretrial detention, though none reported here exceed that limit. The Council issues no further order; it merely takes note of the report.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "2016", "year": "2016", "json_url": "/data/legal/docs/nexus-act-1-0003-3214-70.json", "html_url": "/legal/doc/nexus-act-1-0003-3214-70", "source_url": "https://nexuspj.poder-judicial.go.cr/document/act-1-0003-3214-70" }, { "id": "nexus-sen-1-0004-1018729", "citation": "Res. 00084-2021 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Correction of material error in environmental cassation judgment", "title_es": "Corrección de error material en sentencia de casación ambiental", "summary_en": "The First Chamber of the Supreme Court of Justice issues a clarification and addition ruling at the request of the defendant, regarding judgment No. 2383 of September 24, 2020. Upon review, a material error is detected in recital VI and the operative part, where it was erroneously stated that the cassation appeal of the defendant was rejected, when it should have indicated the appeal filed by the plaintiff. The Chamber proceeds to correct this material error, ordering that henceforth it read: \"The cassation appeal filed by the plaintiff is rejected.\" The ruling does not imply a substantial change in the decision, but a drafting correction to accurately reflect whose appeal was dismissed.", "primary_topic_id": null, "topic_ids": [], "date": "22/01/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0004-1018729.json", "html_url": "/legal/doc/nexus-sen-1-0004-1018729", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1018729" }, { "id": "nexus-sen-1-0004-1022603", "citation": "Res. 00095-2021 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Subjective moral damages in habeas corpus enforcement", "title_es": "Daño moral subjetivo en ejecución de habeas corpus", "summary_en": "The First Chamber reviews a cassation appeal in a constitutional judgment enforcement proceeding arising from a habeas corpus that granted protection due to unreasonable delays in resolving an appeal in an alimony case. The Constitutional Chamber ordered the State to pay damages. In enforcement, the lower court awarded ₡100,000 for subjective moral damages, an amount the appellant considered insufficient, alleging violation of the principles of reasonableness and proportionality. The First Chamber upholds the amount, reiterating that the assessment of moral damages is casuistic and it is up to the judge to weigh the intensity of the suffering according to the circumstances, with no concrete value, and that the amount is set prudentially. Additionally, it revokes the exoneration of costs and orders the State to pay ₡110,000 in costs for the enforcement proceeding, considering that the plaintiff was forced to litigate to obtain compliance and the State opposed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/01/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0004-1022603.json", "html_url": "/legal/doc/nexus-sen-1-0004-1022603", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1022603" }, { "id": "nexus-sen-1-0004-1045669", "citation": "Res. 01126-2021 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of property title in restricted zone of the ZMT for failing to meet possession requirement", "title_es": "Nulidad de título de propiedad en zona restringida de la ZMT por incumplir requisito de posesión", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses the cassation appeals filed by the State and Naciente Selva Cristal S.A. and upholds the ruling that declared the possessory information proceedings carried out by Mario Golcher Avendaño null and void, leading to the cancellation of property N° 044889-000, located entirely within the restricted zone of the Maritime-Terrestrial Zone (ZMT) in Playa Espadilla, Quepos. The Chamber determines that the title was illegally obtained because the applicant failed to prove continuous possession for more than 30 years, as required by Transitory Provision III of the Law on Tourism Urbanization of the ZMT. The lower court's interpretation is consistent with the in dubio pro natura principle, meaning any doubt about fulfilling the exceptional requirements to obtain title in the ZMT must be resolved in favor of protecting the environment and public domain. The Chamber also rejects challenges regarding inconsistency, lack of standing, and errors in evidentiary assessment, concluding that the demarcation ordered to the National Geographic Institute follows from its statutory obligations.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "13/07/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0004-1045669.json", "html_url": "/legal/doc/nexus-sen-1-0004-1045669", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1045669" }, { "id": "nexus-sen-1-0004-1070019", "citation": "Res. 00138-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of cassation appeal against health eviction orders", "title_es": "Rechazo de casación contra órdenes sanitarias de desalojo", "summary_en": "The First Chamber of the Supreme Court of Justice hears a cassation appeal filed by a group of individuals against the judgment of the Administrative and Civil Treasury Court that dismissed their lawsuit. The appellants challenged the legality of health eviction orders issued by health authorities, arguing they violated fundamental rights and that there was no evidence of inter-institutional coordination. The Court had held that the Constitutional Chamber, in a prior amparo proceeding (vote 16314-2017), had already determined that the eviction was due to dangerous and unsanitary housing conditions and that no rights were violated, constituting constitutional res judicata. The First Chamber flatly rejects the cassation appeal for lacking adequate legal grounds, as the appellants merely expressed disagreement with the decisions of the lower court and the Constitutional Chamber, without attacking the legal reasoning of the challenged judgment or raising precise cassation grounds.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1070019.json", "html_url": "/legal/doc/nexus-sen-1-0004-1070019", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1070019" }, { "id": "nexus-sen-1-0004-1071323", "citation": "Res. 00035-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Temporal effects of the lesividad declaration in tax exemptions", "title_es": "Efectos temporales de la declaratoria de lesividad en exenciones tributarias", "summary_en": "The First Chamber of the Supreme Court hears an appeal in cassation filed by the defendant in a tax lesividad proceeding initiated by the State. The defendant had obtained, through resolutions of the National Teachers' Pension and Retirement Board (JUPEMA) and a decision of the Labor Court, an exemption from the special, solidarity, and redistributive contribution established in Article 71 of Law 7531. After an opinion from the Attorney General's Office, the State declared those acts harmful to the public interest and sought their absolute nullity, arguing that the exemption was granted without legal basis because the authorizing norm had been repealed in 1995 by Law 7531. The Contentious-Administrative Court upheld the claim, declared the partial absolute nullity of the acts, and held, by majority, that the nullity would have declaratory and retroactive effects, without prejudice to good-faith acquired rights. The appellant claimed, among other grounds, improper application of the Law Regulating Exemptions (Law 7293) and the Tax Code, arguing that the special contribution is not a tax but a parafiscal levy regulated by a special law, and that the lesividad should only have future effects. The First Chamber dismisses the appeal. It finds that Law 7293 applies to all tax exemptions, not just those on taxes, and that the Tax Code applies supplementarily. It confirms that the lesividad was declared in a timely manner because the statute of limitations is suspended under Article 47 of Law 7293 and, in any case, the acts were of continued effect. Regarding the retroactive effects, the Chamber holds that the defendant lacks standing to challenge that aspect, because the retroactivity is limited by good-faith acquired rights and the State did not seek reimbursement of sums. The lower court's ruling is upheld.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1071323.json", "html_url": "/legal/doc/nexus-sen-1-0004-1071323", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1071323" }, { "id": "nexus-sen-1-0004-1072804", "citation": "Res. 00283-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Public works in fourth stage of Residencial El Molino — municipal obligation", "title_es": "Obras públicas en cuarta etapa del Residencial El Molino — obligación municipal", "summary_en": "The First Chamber of the Supreme Court of Justice denies the cassation appeal filed by owners of lots in the Fourth Stage of Residencial El Molino, who sued the Municipality of Cartago to compel it to complete pending public works at its own expense. Plaintiffs argued that the Municipality allowed the segregation and sale of 139 lots without completing infrastructure works, and that a notarial clearance (visado notarial) substituted the missing municipal clearance, alongside performance guarantees the Municipality allowed to expire. The trial court dismissed the claim, and the Chamber affirms: no specific guarantees for Stage IV were proven, nor a valid administrative act granting municipal clearance; positive silence does not apply in environmental matters and the clearance power is non-delegable, so the alleged 'notarial clearance' does not exist. Municipal liability for damages was not established, and costs follow the event under general rule. The Chamber clarifies it is not for it to determine who must bear the works, as that was not part of the litigation.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "10/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1072804.json", "html_url": "/legal/doc/nexus-sen-1-0004-1072804", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1072804" }, { "id": "nexus-sen-1-0004-1072805", "citation": "Res. 00284-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of cassation appeal as untimely in suit against AyA and CODOCSA", "title_es": "Rechazo de recurso de casación por extemporáneo en proceso contra AyA y CODOCSA", "summary_en": "The First Chamber of the Supreme Court of Justice summarily dismisses, by majority, the cassation appeal filed by the defendants (AyA and CODOCSA) against the judgment of the Contentious-Administrative Tribunal. The Chamber finds that the appeal was filed after the legal 15-business-day deadline, as the contested decision was notified to both parties on September 17, 2021, and the deadline expired on October 11, 2021. The defendants filed the appeal directly before this Chamber on October 12, 2021, one day late. The majority rejects the argument that the appeal was timely filed before a different court on October 8, as that court lacked jurisdiction over cassation appeals. Judge Rojas Morales dissents, arguing that filing before a court without jurisdiction should be interpreted broadly to protect the right to effective judicial protection, and that the deadline should be calculated from the date of submission to the receiving court.", "primary_topic_id": null, "topic_ids": [], "date": "10/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1072805.json", "html_url": "/legal/doc/nexus-sen-1-0004-1072805", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1072805" }, { "id": "nexus-sen-1-0004-1075214", "citation": "Res. 01724-2021 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation rejected for formal defects in Golfo Dulce Forest Reserve titling claim, costs exemption granted", "title_es": "Rechazo de casación sobre titulación en Reserva Forestal Golfo Dulce por defectos formales y exención de costas", "summary_en": "The First Chamber of the Supreme Court reviews a cassation appeal against a lower court ruling that denied plaintiffs' claims for land titling and damages within the Golfo Dulce Forest Reserve. The plaintiffs argued adverse possession and violation of executive decrees. The Chamber finds the first six grounds inadmissible for lacking proper cassation technique: they are unclear, fail to contest the ruling's reasoning, and do not identify specific legal errors or evidentiary failures. However, the seventh ground regarding costs is granted. Under Article 193 of the Contentious-Administrative Code, the Chamber holds that the nature of the case—previous administrative acts had created a legitimate expectation of right, requiring judicial clarification—warrants exemption from costs despite the plaintiffs' loss. The judgment is partially overruled solely on the cost award; each party bears its own costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "12/10/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0004-1075214.json", "html_url": "/legal/doc/nexus-sen-1-0004-1075214", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1075214" }, { "id": "nexus-sen-1-0004-1075232", "citation": "Res. 00205-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Exoneration of Costs for the Losing Party Due to Sufficient Grounds to Litigate", "title_es": "Exoneración de costas al vencido por motivo bastante para litigar", "summary_en": "The First Chamber of the Supreme Court, in ruling 00205-2022, decided a cassation appeal filed by the Rural Development Institute (INDER) against a judgment of the Administrative and Civil-Hacienda Court. In the underlying proceedings, the company Residencial VDM SRL sued INDER for damages caused by the immobilization of its property in Guayabo de Bagaces, which halted a tourism real estate project. Although the claim was dismissed in its entirety for lack of proof of damages, the Court exonerated the plaintiff from paying costs, finding sufficient grounds to litigate under Article 193(b) of the Administrative Litigation Procedure Code. The Chamber upheld this reasoning, noting that the administrative correction carried out by INDER during the proceedings—lifting the immobilization—showed the action was not frivolous. INDER’s appeal, alleging violation of the costs-shifting rule, was dismissed, and costs of the appeal were imposed on the appellant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1075232.json", "html_url": "/legal/doc/nexus-sen-1-0004-1075232", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1075232" }, { "id": "nexus-sen-1-0004-1076755", "citation": "Res. 00369-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Administrative-court jurisdiction over public-domain maritime-terrestrial zone property", "title_es": "Competencia contencioso-administrativa en bien demanial de zona marítimo-terrestre", "summary_en": "The First Chamber of the Supreme Court resolves a conflict of jurisdiction over a civil lawsuit seeking the annulment of a mortgage, declaration of ownership, transfer of rights and improvements on land that the plaintiff claims is within the maritime-terrestrial zone, along with damages. The civil court declared itself incompetent and joined the Municipality of Golfito, sending the case to the Administrative and Tax Court, which accepted jurisdiction. The plaintiff objected. The Chamber holds that, since the property is public domain (inalienable and imprescriptible national heritage under the Maritime-Terrestrial Zone Law), jurisdiction belongs to the administrative courts, pursuant to Article 108 of the Biodiversity Law and Article 2 of the Administrative Procedure Code. The ruling confirms the administrative court's jurisdiction.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "biodiversity-law-7788" ], "date": "24/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1076755.json", "html_url": "/legal/doc/nexus-sen-1-0004-1076755", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1076755" }, { "id": "nexus-sen-1-0004-1079707", "citation": "Res. 00590-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Failure to declare lesividad after land adjudication in forest reserve triggers INDER liability", "title_es": "Omisión de declaratoria de lesividad tras adjudicación de terreno en reserva forestal genera responsabilidad del INDER", "summary_en": "The First Chamber examines the INDER's cassation appeal against a judgment that found it liable for an unlawful omission. The Administrative Court had declared that INDER maintained a declaratory act of rights (agreement VI of session 002-99 of January 6, 1999) which awarded the plaintiff and her partner a plot within the Osa Peasant Settlement, located in the Golfo Dulce Forest Reserve. Since the plot became part of the State's Natural Heritage on June 1, 1978, it is inalienable, unseizable, and imprescriptible under articles 13, 14, and 15 of Forestry Law 7575; thus, the award act was manifestly contrary to law and unenforceable. However, INDER failed in its legal duty to annul this absolutely void act ex officio through the lesividad procedure required by articles 173 and 174 of the General Public Administration Act. The Chamber upholds the award of subjective moral damages (¢1,500,000) and material damages (half the market value of the plot in 2008), plus costs, holding that the administrative omission caused prolonged uncertainty and suffering to the plaintiff, an elderly woman who lived in precarious mountain conditions while awaiting title.", "primary_topic_id": "property-and-titling", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "10/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1079707.json", "html_url": "/legal/doc/nexus-sen-1-0004-1079707", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1079707" }, { "id": "nexus-sen-1-0004-1080503", "citation": "Res. 00190-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdictional conflict between administrative and agrarian courts in nullity of acts on maritime zone", "title_es": "Conflicto de competencia entre jurisdicción contencioso-administrativa y agraria en nulidad de actos sobre zona marítimo terrestre", "summary_en": "The First Chamber resolves a jurisdictional conflict arising in a lawsuit where an association seeks a declaration of absolute nullity of various notarial, registry, and administrative actions that allowed the registration of properties within the maritime-terrestrial zone, which are public domain assets. The defendant argued that the agrarian jurisdiction should hear the case because the property had been historically used for agricultural and livestock activities. Following the Constitutional Chamber's doctrine on the definition of jurisdiction, the Chamber examines the substantive content of the claim and the applicable legal framework. It concludes that since the challenge targets administrative acts and concerns the determination of public domain assets, exclusive jurisdiction lies with the administrative contentious courts, in accordance with Article 108 of the Biodiversity Law and Article 2 of the Contentious-Administrative Procedure Code, as the State has a direct interest in the matter.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "03/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1080503.json", "html_url": "/legal/doc/nexus-sen-1-0004-1080503", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1080503" }, { "id": "nexus-sen-1-0004-1084326", "citation": "Res. 00778-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest public domain assets cannot be titled to private parties", "title_es": "Bienes demaniales forestales no pueden ser titulados a particulares", "summary_en": "The First Chamber of the Supreme Court of Justice rejects the cassation appeal against the Administrative Court ruling that declared the IDA's agreement to award a plot to a private individual as harmful to public interests. The Court confirms that the awarded property had forest cover and therefore formed part of the State's Natural Heritage under Forestry Law articles 13, 14, and 15. It is proven that the SINAC certificate expressly stated that, although the land was not within a protected wild area, it did constitute state natural heritage due to its forest character. Possession and titling of public domain assets by private parties create no rights, as such assets are inalienable, imprescriptible, and unattachable, and the state's recovery action is imprescriptible. The Chamber emphasizes that public domain status arises by operation of law and not by administrative act, and that MINAE classification has only declaratory effects.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "31/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1084326.json", "html_url": "/legal/doc/nexus-sen-1-0004-1084326", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1084326" }, { "id": "nexus-sen-1-0004-1098278", "citation": "Res. 01282-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No right to compensation for unconsolidated expectation in Golfo Dulce Forest Reserve", "title_es": "Inexistencia del derecho a indemnización por expectativa no consolidada en Reserva Forestal Golfo Dulce", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses the cassation appeal filed by Ramón Mora Picado against the decision of the Administrative Contentious Tribunal, which had rejected all of his claims. The plaintiff sought annulment of an INDER agreement that revoked a titling procedure within the Golfo Dulce Forest Reserve, recognition of ten-year adverse possession, and compensation for alleged harm caused by the prohibition of land exploitation. The Chamber affirms that the revoked agreement created no vested rights, only a mere expectation, thus neither personal notification nor a lesividad procedure was required. Furthermore, plaintiff failed to prove that he had participated in the titling procedure or that he had been in qualified possession prior to the creation of the reserve in 1978. Compensation claims were unfounded as plaintiff held no rights over the property, which is part of the State's natural heritage. The remaining cassation grounds were rejected for lack of proper technical argument.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "31/05/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1098278.json", "html_url": "/legal/doc/nexus-sen-1-0004-1098278", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1098278" }, { "id": "nexus-sen-1-0004-1108595", "citation": "Res. 00191-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Joining the State and SINAC as co-plaintiffs in a lesividad case involving a wetland", "title_es": "Integración del Estado y SINAC en proceso de lesividad por humedal", "summary_en": "The First Chamber of the Supreme Court reviews an appeal in a lesividad action brought by the Municipality of Belén seeking to annul construction permits granted to Quintaelena S.A. for the 'Prados de Belén' project, allegedly affecting a wetland in La Ribera. The lower court had dismissed the claim without hearing the State or the National System of Conservation Areas (SINAC) as parties. The Chamber identifies an ex officio procedural defect: the wetland is a public-domain asset forming part of the State's natural heritage (PNE), administered by the Ministry of Environment through SINAC. Since the suit aims to protect that asset, both the State and SINAC should have been joined as necessary co-plaintiffs (litis consorcio activo necesario); their participation is indispensable for a proper resolution, especially because SINAC is responsible for delimiting the wetland and establishing setbacks from urban works. The Chamber annuls the appealed judgment and remands the case to the lower court to join the State and SINAC as co-plaintiffs and proceed accordingly.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "03/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1108595.json", "html_url": "/legal/doc/nexus-sen-1-0004-1108595", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1108595" }, { "id": "nexus-sen-1-0004-1111329", "citation": "Res. 01343-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of relocation and compensation for unproven possession on INDER lands in Golfo Dulce Reserve", "title_es": "Improcedencia de reubicación e indemnización por posesión no demostrada en terrenos del INDER dentro de Reserva Golfo Dulce", "summary_en": "The First Chamber reviewed Anaís García’s claim against INDER for omissive conduct in resolving informal possession conflicts on lands expropriated from Osa Forestales S.A., later included in the Golfo Dulce Forest Reserve. García sought relocation or compensation, asserting possession predating the 1978 reserve. The lower court dismissed for lack of standing, finding insufficient proof of decennial possession before forest designation. On appeal, the Chamber upheld that the lands were automatically incorporated into State natural heritage under Executive Decree 8494-A and the Forestry Law, rendering INDER unable to execute earlier subdivision agreements. The plaintiff failed to demonstrate original or derivative ten-year possession before 1978; censuses and notarial deeds were insufficient. The cassation appeal was dismissed with costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "12/08/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1111329.json", "html_url": "/legal/doc/nexus-sen-1-0004-1111329", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1111329" }, { "id": "nexus-sen-1-0004-1116532", "citation": "Res. 02046-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation for lesividad over title on State Natural Heritage land", "title_es": "Casación por lesividad sobre título en Patrimonio Natural del Estado", "summary_en": "The First Chamber reviews a cassation appeal against a judgment that upheld the INDER's lesividad claim, annulling a land title from the Puriscal-Parrita project and all subsequent transactions. The lower court based nullity on three grounds: the applicant's failure to meet requirements, omission of a land-use conformity study, and the Constitutional Chamber's declaration of unconstitutionality of the Regulation for Land Titling in National Reserves. The First Chamber grants the appeal due to procedural flaws in the judgment's reasoning: the ruling is extremely confusing and contradictory, stating that the land's nature was irrelevant while then relying on that same nature to decide defenses, and failing to clarify whether nullity stemmed from unmet requirements or the regulation's unconstitutionality. This violates the rights to defense and due process. The judgment is quashed and the case remanded for a new decision.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental", "_off-topic" ], "date": "29/09/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1116532.json", "html_url": "/legal/doc/nexus-sen-1-0004-1116532", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1116532" }, { "id": "nexus-sen-1-0004-1120495", "citation": "Res. 02347-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Invasion of maritime terrestrial zone and mangroves in lesividad proceeding", "title_es": "Invasión de zona marítimo terrestre y manglares en proceso de lesividad", "summary_en": "The First Chamber summarily dismisses the cassation appeal filed by the defendant companies against the Administrative Contentious Tribunal's ruling that granted the State's lesividad action. The lawsuit sought nullification of 16 property registrations and cadastral maps for encompassing public domain assets: maritime terrestrial zone, mangrove areas, and the Nosara River estuary. The companies alleged procedural defects in the complaint, erroneous assessment of technical evidence, and improper application of mangrove regulations. The Chamber finds that the Tribunal did address the arguments and that the appeal lacks proper legal foundation, merely expressing disagreement. It concludes no due process violation, inconsistency, or lack of reasoning is proven, thus applying summary dismissal under Article 140(c) of the Administrative Contentious Procedure Code.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "27/10/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1120495.json", "html_url": "/legal/doc/nexus-sen-1-0004-1120495", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1120495" }, { "id": "nexus-sen-1-0004-1120504", "citation": "Res. 02364-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdictional Conflict in Claim for Compensation for Lands in the Salitre Indigenous Reserve", "title_es": "Conflicto de competencia en reclamo de indemnización por terrenos en reserva indígena de Salitre", "summary_en": "The First Chamber of the Supreme Court of Justice resolves a jurisdictional conflict between agrarian and administrative litigation courts. The plaintiffs, possessors of lands in Buenos Aires, Puntarenas, request a declaration that their properties are part of the Salitre Indigenous Reserve and seek compensation for damages caused by the State. The Agrarian Tribunal had declared lack of jurisdiction, arguing the claim primarily concerns patrimonial liability of the Public Administration. The Chamber confirms that, although the plaintiffs claim better possessory rights and adverse possession, the core of the dispute is compensation arising from the State's designation of the lands as an indigenous reserve. According to Article 49 of the Constitution and Articles 1 and 2.b of the Contentious Administrative Procedure Code, jurisdiction over patrimonial liability of the Administration belongs to the administrative litigation courts. The case is assigned to the Administrative and Civil Hacienda Tribunal.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "_off-topic" ], "date": "27/10/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1120504.json", "html_url": "/legal/doc/nexus-sen-1-0004-1120504", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1120504" }, { "id": "nexus-sen-1-0004-1123562", "citation": "Res. 02288-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction to suspend construction on public road", "title_es": "Competencia para suspensión de obra en vía pública", "summary_en": "The First Chamber of the Supreme Court resolves a jurisdictional conflict between the Civil and Labor Court of Nicoya and the Contentious-Administrative and Civil Treasury Court, in a summary proceeding for suspension of new construction filed by Mina Clavero S.A. against Nest Design S.A. The plaintiff claims that the defendant carried out earthmoving and deep cuts on its adjacent property and on the public road, requesting immediate suspension of the work. The Civil Court declared its lack of subject-matter jurisdiction, considering that the claim involves a public domain asset (the street), placing it within the realm of administrative law. The Chamber, analyzing the report from the Construction Control Department of the Municipality of Nicoya, which acknowledged that the public street was partially affected but within tolerable limits, confirms that since there is a public interest in a public asset, jurisdiction lies with the contentious-administrative courts. It thus establishes that the protection of public property and control over public domain assets are matters for this specialized jurisdiction, displacing ordinary civil proceedings even when the construction also affects private property.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/10/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1123562.json", "html_url": "/legal/doc/nexus-sen-1-0004-1123562", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1123562" }, { "id": "nexus-sen-1-0004-1123611", "citation": "Res. 02434-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Conflict of jurisdiction between agrarian and administrative courts over a right-of-way easement", "title_es": "Conflicto de competencia entre jurisdicción agraria y contencioso-administrativa por servidumbre de paso", "summary_en": "The First Chamber of the Supreme Court resolves a jurisdictional conflict between the Agrarian Tribunal and the administrative-contentious jurisdiction. The underlying case is an ordinary proceeding where the plaintiffs, who are farmers, seek the reopening and registration of a right-of-way easement over defendants' properties, alleging use for more than thirty years. They also claim damages against SINAC for a technical report that allegedly prevented maintenance of the road. The Agrarian Tribunal declared itself incompetent, arguing that it needed to analyze the legality of SINAC's administrative act, and referred the matter to the Administrative Court. The First Chamber reverses this decision, declaring the Agrarian Court of the Second Judicial Circuit of San José competent. It determines that the main claim is agrarian in nature: the easement to access farms where agricultural and livestock productive activities are carried out, directly impacting agrarian production, in accordance with Articles 1 and 2 of the Agrarian Jurisdiction Law. Furthermore, it confirms that the incompetence exception filed by SINAC was timely, according to the specific deadline set in Article 16.b of said law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/11/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1123611.json", "html_url": "/legal/doc/nexus-sen-1-0004-1123611", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1123611" }, { "id": "nexus-sen-1-0004-1129278", "citation": "Res. 02605-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Competence conflict over tree felling in a stream protection zone", "title_es": "Conflicto de competencia sobre derribo de árbol en área de protección de quebrada", "summary_en": "The First Chamber resolves a competence conflict between the Agrarian Court and the Civil and Labor Court of Cañas regarding an action for tree felling of a Guanacaste tree. The petitioner sought to cut and use the wood to build his home on a 507 m² property in Las Juntas de Abangares, Guanacaste. The Ministry of Environment and Energy had denied the felling permit because the tree was located 12 meters from a stream, within the protection zone established in Articles 33 and 34 of the Forestry Law. The Chamber determines that, since it is a protection area that is part of public domain under state custody, competence does not belong to agrarian or civil jurisdiction, but to the Contentious Administrative and Civil Treasury Court, pursuant to Article 110 of the Organic Law of the Judiciary.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "29/11/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1129278.json", "html_url": "/legal/doc/nexus-sen-1-0004-1129278", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1129278" }, { "id": "nexus-sen-1-0004-1129315", "citation": "Res. 02528-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial annulment over contradictions in compensation for plot in Golfo Dulce Forest Reserve", "title_es": "Anulación parcial por contradicciones en indemnización de parcela en Reserva Forestal Golfo Dulce", "summary_en": "The First Chamber reviews the Administrative Court's ruling that awarded plaintiffs compensation for a plot they occupy within the Golfo Dulce Forest Reserve. Plaintiffs had sought either titling or compensation after IDA/INDER failed to address their claim. The lower court partially upheld the constitutional res judicata exception and ordered MINAE to pay compensation for the land's value. The Chamber identifies serious contradictions: the lower court found the alleged damages unproven yet simultaneously granted material damages, and contradictory findings exist regarding forest use. The indemnification portion is annulled and remanded for proper adjudication, including assessment of whether additional parties must be joined due to overlap with other plots. Additionally, costs are re-imposed on the plaintiff concerning INDER for lack of sufficient grounds to litigate against that agency.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "29/11/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1129315.json", "html_url": "/legal/doc/nexus-sen-1-0004-1129315", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1129315" }, { "id": "nexus-sen-1-0004-1132118", "citation": "Res. 02655-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Geologists' Association cassation appeal against oil moratorium rejected", "title_es": "Rechazo de casación del Colegio de Geólogos contra moratoria petrolera", "summary_en": "The Supreme Court's First Chamber flatly rejects the cassation appeal filed by the Costa Rican Association of Geologists against the decision that dismissed their claim to annul the executive decrees imposing an oil exploration moratorium. The original lawsuit challenged Decrees 36693-MINAET (2011), 38537-MINAE (2014), and 40038-MINAE (2016), arguing they illegally suspended the Hydrocarbons Law and violated the principle of legality. The Administrative Court had dismissed the substantive arguments, finding that the decrees did not repeal the law but rather exercised discretionary power not to grant concessions, grounded in juridical reasons and international environmental commitments. In cassation, the appellant alleged defenselessness due to lack of ruling on a request to expand the claim and because the judgment relied on a constitutional ruling not fully notified. The Chamber rejects both grievances on procedural grounds: the expansion request was expressly decided and not challenged; the cassation grounds are confusingly intertwined, failing to meet the required clarity and legal substantiation. Judge Rojas Morales dissents, opposing the strict formalism.", "primary_topic_id": null, "topic_ids": [], "date": "08/12/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1132118.json", "html_url": "/legal/doc/nexus-sen-1-0004-1132118", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1132118" }, { "id": "nexus-sen-1-0004-1134617", "citation": "Res. 02691-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction Over Possession in the Maritime-Terrestrial Zone", "title_es": "Competencia para posesión en zona marítimo terrestre", "summary_en": "The First Chamber of the Supreme Court resolves a consultation on material jurisdiction in an ordinary civil proceeding. The plaintiff, Monte Castillo S.A., sought annulment of an agrarian possessory judgment and recognition of its possession over a property in Playa Lagarto, within the maritime-terrestrial zone. The Civil Collegiate Court of Guanacaste declined jurisdiction, finding the land to be public domain and referring the case to the Contentious-Administrative Court. The Chamber confirms that, since possession of public domain property is at stake, jurisdiction lies with the Contentious-Administrative jurisdiction under Article 108 of the Biodiversity Law, applicable to any matter with direct State interest, and Article 2 of the Contentious-Administrative Procedure Code. It further orders the Contentious Court to hear all related claims as per Article 43 of the same Code.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "22/12/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1134617.json", "html_url": "/legal/doc/nexus-sen-1-0004-1134617", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1134617" }, { "id": "nexus-sen-1-0004-1134681", "citation": "Res. 00003-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction over a precautionary measure is not suspended by a finding of lack of jurisdiction", "title_es": "Competencia para medida cautelar anticipada no se suspende por incompetencia", "summary_en": "The First Chamber resolves an appeal against a decision by a contentious-administrative court that rejected an exception of lack of subject-matter jurisdiction in a proceeding for an anticipated precautionary measure requested by a former internal auditor of ICODER. The plaintiff challenged her dismissal without employer liability and the disqualification from holding public office, acts she attributed to the Comptroller General of the Republic and ICODER. The Chamber does not examine the merits of the jurisdiction issue; it merely orders the case returned to the lower court to rule on the precautionary measure promptly, noting that a potential lack of jurisdiction must not suspend the consideration of the precautionary measure, which demands a swift response. The decision is grounded in Article 41 of the Constitution, guaranteeing effective judicial protection, and emphasizes the provisional and urgent nature of this procedural remedy.", "primary_topic_id": null, "topic_ids": [], "date": "12/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1134681.json", "html_url": "/legal/doc/nexus-sen-1-0004-1134681", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1134681" }, { "id": "nexus-sen-1-0004-1135781", "citation": "Res. 00068-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Conflict of jurisdiction between civil and agrarian courts over possessory information proceedings for horse pasture land", "title_es": "Conflicto de competencia entre jurisdicción civil y agraria por información posesoria de terrenos con pasto de caballos", "summary_en": "The First Chamber of the Supreme Court of Justice resolves a jurisdictional conflict arising from possessory information proceedings filed to register two parcels of land measuring 2,060 and 5,627 square meters, located in Zurquí, San Isidro de Heredia. The Civil Court of Heredia declared itself incompetent on subject-matter grounds, forwarding the case to the Agrarian Court of Alajuela, considering that the properties' characteristics—their size, location in very humid lower montane forest and lower montane rainforest life zones, the presence of a surface water body, and the applicability of Article 33 of the Forestry Law and Article 108 of the Biodiversity Law—determined agrarian jurisdiction. The applicant objected, arguing that the land was not used for agricultural exploitation but that the pastures were ornamental and there was no biodiversity dispute. The Chamber, applying Articles 1 and 2 of the Agrarian Jurisdiction Law, held that the case falls under agrarian jurisdiction since part of the possessory acts invoked consisted of horse grazing, an animal production activity, and the size of the properties reinforces this agrarian nature.", "primary_topic_id": null, "topic_ids": [], "date": "19/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1135781.json", "html_url": "/legal/doc/nexus-sen-1-0004-1135781", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1135781" }, { "id": "nexus-sen-1-0004-1136758", "citation": "Res. 00058-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Competence conflict: pre-trial discovery for a brokerage contract", "title_es": "Conflicto de competencia: prueba anticipada por contrato de comisión", "summary_en": "The First Chamber of the Supreme Court resolves a jurisdictional conflict between civil and agrarian courts. The case arises from a pre-trial discovery request filed by José Miguel Castro Castro against Marcos Jiménez Quesada, aimed at preserving evidence for a future claim for unpaid commissions under an oral brokerage agreement. The civil court had declined jurisdiction, arguing that the properties involved had agrarian-environmental characteristics and were used for agricultural activities. Conversely, the agrarian court refused the transfer, contending that the brokerage contract is purely commercial in nature. The Chamber holds that the underlying dispute is a civil and commercial contractual matter governed by Articles 272 et seq. of the Commercial Code, and that agrarian jurisdiction does not apply because the conflict does not involve animal or plant production activities. It rules that jurisdiction lies with the civil court—specifically, the Collegiate Court of First Instance for Civil Matters of the Third Judicial Circuit of Alajuela (San Ramón)—pursuant to Articles 8.4 and 49 of the Civil Procedure Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1136758.json", "html_url": "/legal/doc/nexus-sen-1-0004-1136758", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1136758" }, { "id": "nexus-sen-1-0004-1136765", "citation": "Res. 00085-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Conflict of jurisdiction: environmental damage collection is monetary proceeding, not agrarian", "title_es": "Conflicto de competencia: cobro de daño ambiental es monitorio, no agrario", "summary_en": "The First Chamber of the Supreme Court resolves a jurisdictional conflict between the Collection Court of Puntarenas and the Agrarian Court of Puntarenas in a monetary proceeding filed by the State against RALSTON PACIFIC S.A. The collection stemmed from a compensatory indemnity imposed by the Environmental Administrative Tribunal (TAA) through resolution 2015-19-TAA for environmental damage. The Collection Court declined jurisdiction based on subject matter, sending the case to the Agrarian Court on the grounds that the defendant company engaged in agricultural and forestry activities. The First Chamber reverses this decision and holds that jurisdiction lies with the Collection Court, determining that the obligation does not arise from an agrarian animal or plant production activity (pursuant to articles 1 and 2 of the Agrarian Jurisdiction Law), but rather constitutes an administrative sanction for breach of environmental regulations. The Chamber thus establishes a clear criterion: the collection of environmental fines or indemnities imposed by the TAA is a monetary proceeding within the jurisdiction of specialized collection courts, not an agrarian matter.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1136765.json", "html_url": "/legal/doc/nexus-sen-1-0004-1136765", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1136765" }, { "id": "nexus-sen-1-0004-1136778", "citation": "Res. 00009-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of jurisdiction due to succession matter", "title_es": "Incompetencia por materia sucesoria", "summary_en": "The First Chamber of the Supreme Court declares itself without jurisdiction to hear a cassation appeal filed in a succession proceeding of the deceased Rita Chacón Bogantes. The heir María de los Ángeles Rojas Chacón appealed a lower court ruling, but the Civil and Labor Appeals Court of Alajuela determined that the proper remedy was cassation and forwarded the case to the First Chamber. After reviewing the rules on jurisdiction, this Chamber concludes that the matter belongs to the Second Chamber, since the Organic Law of the Judiciary assigns cassation appeals in succession matters to that chamber. Therefore, it orders the case file to be sent to the Second Chamber for further proceedings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1136778.json", "html_url": "/legal/doc/nexus-sen-1-0004-1136778", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1136778" }, { "id": "nexus-sen-1-0004-1136780", "citation": "Res. 00015-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "First Chamber annuls ARESEP tariff resolution dimensioning for lack of reasoning and orders refund of differences to aquaculture company", "title_es": "Sala Primera anula dimensionamiento de resolución tarifaria de ARESEP por falta de motivación y ordena devolución de diferencias a empresa de piscicultura", "summary_en": "The First Chamber of the Supreme Court of Justice rules on a cassation appeal filed by the National Groundwater, Irrigation and Drainage Service (SENARA) against a judgment of the Contentious-Administrative Tribunal that partially annulled ARESEP's administrative acts. Aquacorporación Internacional S.A., an aquaculture company operating in the Arenal Tempisque Irrigation District (DRAT), sued for nullity of tariff resolutions and refund of overpayments. The lower court declared the absolute nullity of the \"dimensioning\" contained in ARESEP resolution RJD-153-2014, which had annulled a previous tariff setting but kept the tariffs in force without adequate factual reasoning or a set deadline. The First Chamber upholds the annulment and the order to apply the tariffs previously set by the Comptroller General's Office, calculating any differences in the enforcement stage. It rejects SENARA's complaints about lack of causal link and violation of the ARESEP Law, but grants the appeal regarding costs, finding that the tribunal itself had acknowledged sufficient reason to litigate and mutual success, thus exempting SENARA from paying costs. The judgment reaffirms that administrative acts must provide sufficient motivation, including not only legal citations but also the factual basis and public interest reasons justifying their effects.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "19/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1136780.json", "html_url": "/legal/doc/nexus-sen-1-0004-1136780", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1136780" }, { "id": "nexus-sen-1-0004-1143231", "citation": "Res. 02778-2022 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of standing due to preclusion and untimeliness in donation annulment", "title_es": "Falta de legitimación por preclusión y extemporaneidad en nulidad de donación", "summary_en": "The First Chamber of the Supreme Court of Justice denied the cassation appeal filed by the plaintiff, Luis Mario Noreña Salazar, against the judgment of the Second Civil Appeals Court of San José that upheld the trial court's dismissal of the lawsuit seeking annulment of donation deeds. The plaintiff, son of the deceased donor, sought to annul a donation of real estate in Costa Rica made by his father to his attorney. The Chamber held that the grievances regarding formal defects in the judgment (issued beyond the deadline, at an improper hour, and with a different format) failed to demonstrate concrete harm, thus nullity was not warranted. On the merits, it confirmed that the lower court adequately reasoned the plaintiff's lack of standing: the argument that he represented the estate had been precluded by a final interlocutory order limiting his participation to a personal capacity, and the claims regarding his heir status under Colombian law were untimely raised only on appeal, not forming part of the original dispute. Furthermore, the condemnation to pay costs was not challenged on appeal, rendering it unassailable in cassation. The Chamber reiterated the principle of no nullity without harm and the importance of congruence between the cause of action and the judgment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/12/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0004-1143231.json", "html_url": "/legal/doc/nexus-sen-1-0004-1143231", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1143231" }, { "id": "nexus-sen-1-0004-1157354", "citation": "Res. 00724-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Extension of arbitration clause to non-signatory third party in crop fumigation", "title_es": "Extensión de cláusula arbitral a tercero no signatario en fumigación de cultivos", "summary_en": "The First Chamber of the Supreme Court of Justice resolved a conflict of jurisdiction between agrarian courts and arbitration. A yam farmer sued two banana companies for damages to his crop caused by aerial fumigation with agrochemicals, alleging extracontractual civil liability. The defendant companies had a fumigation contract that included an arbitration clause. The plaintiff did not sign that contract. The majority of the Chamber held that the arbitration clause is not enforceable against him, because contracts only bind the signing parties (Article 1025 of the Civil Code) and waiver of judicial recourse must be express. Therefore, it declared the Agrarian Court competent. One judge dissented, arguing that by invoking the contract to support his claim, the plaintiff acted as a non-signatory party and the arbitration clause extends to him, so an arbitral tribunal should hear the case.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/05/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1157354.json", "html_url": "/legal/doc/nexus-sen-1-0004-1157354", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1157354" }, { "id": "nexus-sen-1-0004-1163865", "citation": "Res. 00912-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Protection of the hammerhead shark as an endangered species and annulment of its commercial fishing declaration", "title_es": "Protección del tiburón martillo como especie en peligro de extinción y nulidad de su declaratoria de interés pesquero", "summary_en": "The First Chamber of the Supreme Court of Justice annuls administrative act AJDIP/290-2017 issued by INCOPESCA, which had declared the three hammerhead shark species (Sphyrna lewini, Sphyrna mokarran, and Sphyrna zygaena) to be of fishing and commercial interest. The Chamber finds the act null due to defects in its subjective element (INCOPESCA lacked competence as CITES scientific authority after the annulment of Executive Decree 40379-MINAE-MAG) and its content. Moreover, based on extensive technical-scientific evidence (Non-Detriment Findings, IUCN Red List, testimonies), the Chamber declares the three hammerhead shark species as endangered wildlife and orders SINAC, INCOPESCA, and the State to take all necessary measures to eradicate their capture, retention, commercialization, and landing, including incidental catch, in national waters.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "21/06/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1163865.json", "html_url": "/legal/doc/nexus-sen-1-0004-1163865", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1163865" }, { "id": "nexus-sen-1-0004-1163880", "citation": "Res. 00919-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Res Judicata Does Not Bind Administrative and Criminal Liability", "title_es": "Cosa Juzgada no Vincula Responsabilidad Administrativa y Penal", "summary_en": "The First Chamber of the Supreme Court reviewed an appeal against a lower court ruling that dismissed a claim to annul an administrative preventive measure and award damages. The plaintiff argued that the dismissal of the criminal case for the same facts —construction within a water spring protection area— constituted res judicata, barring administrative liability. The Chamber rejected the appeal, finding no identity of parties, object, or cause between the criminal and administrative proceedings. The mere mention of a reclassification of the spring in the prosecutor's dismissal request was insufficient evidence. The preventive measure issued by SINAC was upheld, and costs were imposed on the plaintiff.", "primary_topic_id": null, "topic_ids": [], "date": "21/06/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1163880.json", "html_url": "/legal/doc/nexus-sen-1-0004-1163880", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1163880" }, { "id": "nexus-sen-1-0004-1163978", "citation": "Res. 00861-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of Punta Dominical Regulatory Plan on State Natural Heritage Lands", "title_es": "Nulidad del Plan Regulador de Punta Dominical sobre Patrimonio Natural del Estado", "summary_en": "The First Chamber of the Supreme Court rejected the cassation appeals against the Administrative Court's ruling that annulled the Punta Dominical coastal regulatory plan and several concessions granted to private companies. The ruling confirmed that the lands are part of the State's Natural Heritage (forests, forestry aptitude, wetlands) and are inalienable and imprescriptible, thus could not be subject to concessions or municipal planning without prior SINAC classification. The Chamber upheld that the State's reivindicatory action is imprescriptible and not subject to expiry, and that ACOSA's certification of Natural Heritage lands was valid even if based on repealed regulations, as it met the legal parameters of the Forestry Law. The illegal occupation of the “La Parcela” restaurant was declared, and eviction was ordered.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "08/06/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1163978.json", "html_url": "/legal/doc/nexus-sen-1-0004-1163978", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1163978" }, { "id": "nexus-sen-1-0004-1167227", "citation": "Res. 00920-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possession on State Natural Heritage does not generate rights to improvements", "title_es": "Posesión en Patrimonio Natural del Estado no genera derechos a mejoras", "summary_en": "The First Chamber partially overturns a ruling by the Administrative Court that had ordered INDER to pay for improvements and accessions to good‑faith possessors of a parcel partially within the Cordillera Volcánica Central Forest Reserve. The Court holds that, under Articles 13 and 14 of the Forestry Law, private possession of lands that are part of the State Natural Heritage does not give rise to any right whatsoever, with no exceptions. Although the claimants were unaware of the reserve status and acted with the tolerance and even positive acts of INDER (such as certifying compliant land use and recommending titling), these facts cannot create rights over environmental public assets, as doing so would violate the special protection regime and the principle of irreducibility. The Court upholds INDER's cassation appeal and dismisses the subsidiary claim for improvements, accessions, and retention. No costs are awarded because there was good cause to litigate.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "21/06/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1167227.json", "html_url": "/legal/doc/nexus-sen-1-0004-1167227", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1167227" }, { "id": "nexus-sen-1-0004-1173587", "citation": "Res. 01149-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rei vindicatio against land occupant without title on registered property", "title_es": "Reivindicación en desalojo de poseedor sin título sobre finca inscrita", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses the cassation appeal filed by the defendant in an ordinary proceeding for rei vindicatio. The plaintiff companies proved their ownership of the registered property and demonstrated that the defendant occupied about 120 m² without lawful title. The lower court granted the claim, ordered eviction, and imposed costs on the losing party. The appellant argued that he had acquired possession under Article 279(2) of the Civil Code and had acted in good faith, but he did not present any title to support his occupancy. The Chamber confirms that mere factual possession, even for more than one year, does not defeat registered ownership, and that the award of costs follows the general rule of loser-pays without the bare claim of good faith warranting exemption.", "primary_topic_id": null, "topic_ids": [], "date": "13/07/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1173587.json", "html_url": "/legal/doc/nexus-sen-1-0004-1173587", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1173587" }, { "id": "nexus-sen-1-0004-1183611", "citation": "Res. 01557-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Standing to raise jurisdictional objection in possessory action concerning National Wildlife Refuge", "title_es": "Legitimación para excepción de incompetencia en proceso interdictal sobre Refugio Nacional de Vida Silvestre", "summary_en": "The First Chamber resolves a jurisdictional conflict arising in an agrarian possessory action for dispossession of a property exceeding 16 hectares located within the Northern Border Corridor National Wildlife Refuge. The Agrarian Court had rejected the State's objection to jurisdiction, filed as an interested party. The Chamber holds that under Articles 16 and 44 of the Agrarian Jurisdiction Law and Article 437 of the Labor Code, a jurisdictional objection can only be raised by the defendant, not by an interested third party. It orders the case returned to the Agrarian Court to proceed, without ruling on whether the land is public domain or State Natural Heritage.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "31/08/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1183611.json", "html_url": "/legal/doc/nexus-sen-1-0004-1183611", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1183611" }, { "id": "nexus-sen-1-0004-1196390", "citation": "Res. 01879-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Invalidity of contractual novation and standing in apartment sale", "title_es": "Nulidad de novación contractual y legitimación en compraventa de apartamento", "summary_en": "The First Chamber of the Supreme Court of Justice resolved a cassation appeal filed by the co-defendants in an ordinary civil proceeding for breach of a condominium apartment sale contract. The plaintiff sought contract termination and refund of the down payment. The defendants argued that a contractual novation extinguished the original obligation of the first seller and that a subsequent commodatum (loan for use) agreement set a new deadline. The Chamber rejected both arguments, finding that changes in later contracts did not extinguish the relationship with the first seller, who received the down payment and thus has legal standing. Moreover, the commodatum agreement did not modify the terms of the original sale, and the defendant company lacked standing to claim payments for a property already held in trust. The cost award against the appellants was upheld.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1196390.json", "html_url": "/legal/doc/nexus-sen-1-0004-1196390", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1196390" }, { "id": "nexus-sen-1-0004-1198500", "citation": "Res. 01839-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Summary dismissal of cassation appeal against compensation award in AyA expropriation", "title_es": "Rechazo de plano de casación contra fijación de justiprecio en expropiación por AyA", "summary_en": "The First Chamber of the Supreme Court addresses a cassation appeal filed by co-defendant Beatriz Angulo Vanegas against the lower court’s resolution setting the compensation for an aqueduct easement expropriated by the Costa Rican Water and Sewer Institute (AyA). The Chamber examines the admissibility of the appeal under Article 134 of the Contentious-Administrative Procedure Code, which restricts cassation to final judgments and orders with res judicata effect, or to decisions concluding enforcement proceedings. The challenged resolution —determination of just compensation in special valuation proceedings— falls outside these categories. Furthermore, an ordinary appeal had already been exhausted before the appellate court, foreclosing cassation. Consequently, based on Article 140(a) of the same code, which allows summary dismissal when the ruling is objectively not subject to appeal, the Chamber dismisses the cassation appeal outright without reaching the merits.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "27/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1198500.json", "html_url": "/legal/doc/nexus-sen-1-0004-1198500", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1198500" }, { "id": "nexus-sen-1-0004-1198531", "citation": "Res. 01893-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation rejected in claim for environmental and moral damages", "title_es": "Rechazo de casación en demanda por daños y perjuicios ambientales y morales", "summary_en": "The First Chamber of the Supreme Court of Justice of Costa Rica flatly rejected the cassation appeal filed by First Liberty S.A. and Jorge Luis Chávez Espinoza against the Agricultural Tribunal’s judgment, which had upheld the dismissal of a claim for material, environmental, and moral damages against Danilo and Jorge Chavarría Arroyo. The plaintiffs alleged that the defendants and their employees had caused damage to a right-of-way, noise pollution from motocross rallies, destruction of crops and gardens, animal cruelty, and emotional distress. Both the trial court and the Agricultural Tribunal found that the plaintiffs failed to prove the defendants’ liability or a causal link between the alleged acts and the claimed damages. The First Chamber upheld the lower courts’ free assessment of evidence, noting that testimonial, documentary, and judicial inspection evidence did not demonstrate the defendants’ participation in the events or the existence of concrete damages attributable to them. It also dismissed the claim of vicarious liability (culpa in vigilando or in eligendo) because the employees were not identified nor the link proven. Since material damages were not proven, the moral damage claim also failed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1198531.json", "html_url": "/legal/doc/nexus-sen-1-0004-1198531", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1198531" }, { "id": "nexus-sen-1-0004-1202724", "citation": "Res. 02214-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "SETENA environmental viability — inadmissibility of direct challenge as act without independent effect", "title_es": "Viabilidad ambiental SETENA — inadmisibilidad de impugnación directa por ser acto sin efecto propio", "summary_en": "The First Chamber of the Supreme Court hears a cassation appeal against a contencioso-administrative court ruling that declared the plaintiff's lawsuit inadmissible. The plaintiff sought the absolute nullity of the environmental viability permits issued by SETENA for the 'Limón Container Terminal' project, arguing it was developed on wetland and public domain lands under JAPDEVA's administration, among other related claims. The lower court held that environmental viability decisions are mere preparatory acts without independent legal effects under Article 163.2 of the General Public Administration Act, and thus are not subject to direct and autonomous challenge (Article 66.1.g in relation to Article 120.2 of the Contentious-Administrative Procedure Code). On appeal, the plaintiff alleges violation of the principles of preclusion, 'in dubio pro actione', due process, and the court's legality oversight function. The Chamber dismisses all grievances, affirming that the objection of non-challengeable act may be reviewed sua sponte even at the judgment stage (Article 120.1.a CPCA), and that since the principal nullity claim failed, the remaining dependent claims are also inadmissible. The appeal is denied with costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "30/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1202724.json", "html_url": "/legal/doc/nexus-sen-1-0004-1202724", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1202724" }, { "id": "nexus-sen-1-0004-1202734", "citation": "Res. 02231-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of cassation appeal against cost award in environmental defense", "title_es": "Improcedencia de casación contra condena en costas por defensa ambiental", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses outright the cassation appeal filed by the State against the judgments that ordered it to pay both sets of legal costs in an ordinary proceeding. The underlying case, docket number 19-004142-1027-CA, was brought by Berthier Ebi de Costa Rica S.A. and concerned the protection of the right to a noise-free environment in relation to the operations of the 'Parque de Tecnología Ambiental Aczerrí' landfill. The First Chamber holds that an award of costs against the losing party is the general rule under Article 193 of the Contentious-Administrative Procedure Code and that the grounds for exoneration set out in that provision—specifically the existence of 'sufficient cause to litigate'—were neither established nor justified by the appellant at this stage. The lower tribunal did not err in law when imposing costs, as it merely applied the rule without finding exceptional reasons to exempt the State. The Chamber reaffirms its case law that a cost award is an automatic matter that does not imply recklessness or bad faith, but rather acknowledges that the successful party was compelled to defend its right against disturbance by a third party.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1202734.json", "html_url": "/legal/doc/nexus-sen-1-0004-1202734", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1202734" }, { "id": "nexus-sen-1-0004-1206834", "citation": "Res. 02271-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction over Possessory Disputes Involving Coastal Public Domain", "title_es": "Competencia en litigios posesorios con bienes demaniales costeros", "summary_en": "The First Chamber of the Supreme Court resolves a jurisdictional conflict between the agrarian and the administrative-contentious courts. The underlying case is an ordinary proceeding concerning possession of a property that, according to the National Geographic Institute and the parties’ statements, lies partly within the Maritime-Terrestrial Zone. The Agrarian Court had rejected the State’s jurisdictional challenge but referred the matter for consultation. The Chamber holds that, because the land falls partially within the maritime-terrestrial zone—public-domain property, inalienable and imprescriptible under the applicable statute—the State has a direct interest. It applies Article 108 of the Biodiversity Law, which assigns to the administrative-contentious jurisdiction any dispute involving biodiversity when a public-domain asset or an administrative act is involved, except for purely private disputes. Accordingly, it rules that the case must be heard by the Administrative-Contentious and Fiscal Court, ousting agrarian jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "biodiversity-law-7788", "procedural-environmental" ], "date": "06/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1206834.json", "html_url": "/legal/doc/nexus-sen-1-0004-1206834", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1206834" }, { "id": "nexus-sen-1-0004-1206868", "citation": "Res. 02357-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inapplicability of Decree 35271 when water uses are not for human consumption", "title_es": "Improcedencia de aplicar Decreto 35271 cuando usos de agua no son para consumo humano", "summary_en": "The First Chamber of the Supreme Court, in Resolution No. 02357-2023, rejects the State's cassation appeal against the Contentious-Administrative Court's judgment that annulled MINAE resolutions denying Parque Central S.A. a groundwater concession for well AB-2313 for irrigation, fire protection, and office cooling. The lower court had annulled the decisions because their reasoning was unlawful: they demanded an AyA water-availability certificate under Decree 35271, even though the requested uses (non-potable) did not require it and should have been governed by the Water Law. The First Chamber confirms no substantive-law violation or erroneous evidentiary assessment occurred, noting that the Administration itself accepted the use modification, and the lower court's judgment also rested on unappealed grounds (failure to address arguments in the reconsideration motion and the need for a technical analysis of water-resource conservation). The State's grievances are dismissed, costs are imposed, and the order for MINAE to re-evaluate the concession application within three months is upheld.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "14/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1206868.json", "html_url": "/legal/doc/nexus-sen-1-0004-1206868", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1206868" }, { "id": "nexus-sen-1-0004-1206874", "citation": "Res. 02363-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "MEP Powers over Private Educational Infrastructure — Partial Annulment of Decree 41103-MEP Articles", "title_es": "Potestades del MEP sobre infraestructura educativa privada — nulidad parcial de artículos del Decreto 41103-MEP", "summary_en": "The First Chamber of the Supreme Court of Justice heard an appeal filed by the State against the ruling of the Contentious Administrative Court which annulled Articles 4 to 7 of Executive Decree 41103-MEP, ‘Regulations on Constructive Technical Requirements for Public and Private Education Buildings in Costa Rica’. The original lawsuit was brought by the Universidad Hispanoamericana, claiming that these articles granted the Ministry of Public Education (MEP) imperium powers without legal basis, in violation of Article 59.1 of the General Public Administration Law and the principle of legal reserve. The lower court partially annulled the decree, ruling that the approval of construction plans for private educational centers falls to the municipalities, not the MEP. On appeal, the State argued that the Constitution and laws grant it inspection and oversight powers over all education, including infrastructure; however, the First Chamber upheld the annulment of Articles 4 to 7 due to insufficient legal basis, rejecting the argument of an implied MEP power to enable private infrastructure. It did, however, grant the second ground of appeal and overturned the cost award against the State, considering that there was a reciprocal outcome and the State had sufficient cause to litigate.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1206874.json", "html_url": "/legal/doc/nexus-sen-1-0004-1206874", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1206874" }, { "id": "nexus-sen-1-0004-1206879", "citation": "Res. 02368-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Enforcement of amparo judgment for failure to resolve sanitary problem", "title_es": "Ejecución de sentencia de amparo por falta de solución a problema sanitario", "summary_en": "The First Chamber of the Supreme Court of Justice hears a cassation appeal filed by the petitioners against the judgment of the Contentious-Administrative and Civil Treasury Court, which partially granted the enforcement of a constitutional judgment. The petitioners, who had obtained an amparo for the failure to resolve complaints about black water and residual contamination in the Cuesta Grande area of Escazú, claimed material damages (loss of use and profitability of the dwelling, rental costs) and moral damages. The first-instance judgment rejected material damages for lack of causation and awarded moral damages of ₡400,000 per person. The First Chamber analyzes the procedural and substantive grievances, confirming the inadmissibility of material damages and the validity of the rejection of witness evidence, but modifies the amount of moral damages, increasing it to ₡2,000,000 per person, considering that the administrative neglect was not a mere failure to respond, but involved an active sanitary problem that generated frustration, unease, and an affront to the dignity of the amparo beneficiaries.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1206879.json", "html_url": "/legal/doc/nexus-sen-1-0004-1206879", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1206879" }, { "id": "nexus-sen-1-0004-1206906", "citation": "Res. 02407-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Conflict of Jurisdiction over Agricultural Nature of Properties with Forestry and Agricultural Purposes", "title_es": "Conflicto de competencia por naturaleza agraria de inmuebles con destino forestal y agropecuario", "summary_en": "The First Chamber of the Supreme Court resolves a conflict of jurisdiction between the Civil Court of First Instance of the Southern Zone and the agrarian jurisdiction, in a case involving nullity of corporate resolutions and eviction from real properties. The plaintiff, Parque de Pavones del Pacífico S.A., argued the matter was civil and commercial. However, the Court found that the properties in dispute, according to registry certificates, are designated \"for reforestation\", \"pastureland\", \"grassland\", \"building lot\" and \"building lot and forest\", with areas ranging from 5,000 to 246,402 square meters. Applying Articles 1 and 2 of the Agrarian Jurisdiction Law and Article 30 of the Subdivision and Urbanization Regulation, which sets minimum lot sizes for agricultural, livestock or forestry purposes, the Court held the properties are of agrarian nature. Therefore, jurisdiction lies with the Agrarian Court of Corredores.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "subdivision-fraccionamiento", "property-and-titling" ], "date": "14/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1206906.json", "html_url": "/legal/doc/nexus-sen-1-0004-1206906", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1206906" }, { "id": "nexus-sen-1-0004-1209292", "citation": "Res. 02458-2023 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ruling on partial admission of cassation appeal in civil liability lawsuit for delays in Caña Real housing project", "title_es": "Voto sobre la admisión parcial de recurso de casación en proceso sobre responsabilidad civil por atrasos en proyecto habitacional Caña Real", "summary_en": "The First Chamber of the Supreme Court of Justice assesses the admissibility of a cassation appeal filed by the plaintiff, CL Compañía Constructora S.A., against the ruling of the Collegiate Court of First Civil Instance of Cartago that dismissed its claim for damages against the Asociación Solidarista de Empleados de la Hacienda Juan Viñas. The plaintiff alleged that the defendant failed to fulfill its obligation to install a drinking water tank, delaying the development of the Caña Real housing project. The cassation appeal was based on two grounds: improper assessment of evidence, and improper interpretation of rules on exoneration from costs. By majority vote, the Chamber summarily rejects the first ground for lack of adequate legal reasoning, as it failed to explain how the evidentiary valuation rules were violated or to point out which substantive norms were infringed. It only admits the second ground regarding costs. Justices Rojas Morales and Vargas Vásquez dissent, considering the appeal should be admitted in full, given the prevalence of the right of access to justice and the obligation to redirect grounds when the reproach can be discerned, applying the instrumental and anti-formalistic nature of the Civil Procedure Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0004-1209292.json", "html_url": "/legal/doc/nexus-sen-1-0004-1209292", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1209292" }, { "id": "nexus-sen-1-0004-1213004", "citation": "Res. 00147-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdictional conflict in payment order proceeding", "title_es": "Conflicto de competencia en proceso monitorio dinerario", "summary_en": "The First Chamber of the Supreme Court resolves a territorial jurisdiction conflict between the Specialized Collection Court of Grecia and that of Puntarenas, in a payment order proceeding filed by Instacredit S.A. against Sthepannie Mora Cortés. The Grecia court declared itself incompetent because it considered the defendant's domicile to be in Esparza, Puntarenas, based on the documents provided. The Puntarenas court rejected jurisdiction, arguing that the plaintiff indicated a domicile in Grecia. The Chamber determines that, since these are personal claims, territorial jurisdiction corresponds to the court of the defendant's domicile. After reviewing the evidence, it concludes that the defendant's registered domicile is in Puntarenas, thus assigning jurisdiction to the Specialized Collection Court of Puntarenas. The decision is based on Article 8.3.3 of the Civil Procedure Code and the territorial jurisdiction distribution established by the Full Court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1213004.json", "html_url": "/legal/doc/nexus-sen-1-0004-1213004", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1213004" }, { "id": "nexus-sen-1-0004-1218599", "citation": "Res. 00184-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possession of land in National Park not proven before its creation", "title_es": "Posesión de terreno en Parque Nacional no acreditada antes de su creación", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses the cassation appeal filed by several corporations against the ruling that declared their claim for compensation for dispossession of a property within Manuel Antonio National Park (PNMA) inadmissible. The ruling upholds the lower court’s decision, which found that the plaintiffs failed to prove a legitimate possessory right over the land—more than 155 hectares of regenerating forest, secondary forest, scrubland, and fallow—exercised peacefully, publicly, and continuously for more than 10 years prior to October 30, 1972, the date the park was created by Law No. 5100. Although documentary evidence (old maps, aerial photographs, administrative appraisals) and testimony were submitted, the judges deemed them insufficient and too imprecise to meet the ten-year possession requirement under the Possessory Information Law (No. 5257). The Chamber also endorses the view that the property became public domain upon the park’s creation, rendering any subsequent possessory or property rights unenforceable against the State. Costs are imposed on the appellant.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "29/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1218599.json", "html_url": "/legal/doc/nexus-sen-1-0004-1218599", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1218599" }, { "id": "nexus-sen-1-0004-1221236", "citation": "Res. 00265-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Limits of agricultural jurisdiction regarding INDER administrative acts", "title_es": "Límites de la jurisdicción agraria frente a actos administrativos del INDER", "summary_en": "The First Chamber of the Supreme Court of Justice rules on a cassation appeal in an ordinary agrarian proceeding where the original plaintiffs sought the possessory restitution of a plot granted by INDER under the Land and Colonization Law. The Court denies the appeal by holding that most of the arguments (nullity of the administrative procedure for revocation of the grant, expiration of INDER’s oversight power, illegal extension of restrictions) fall under the contentious-administrative jurisdiction, not the agrarian one. The Chamber recalls that both jurisdictions have independent and autonomous scopes; thus, it cannot review administrative acts or legal institutions (like expiration or prescription) that were not properly raised as exceptions at trial. The findings of indirect exploitation, abandonment, and an unauthorized legacy are upheld as breaches that justified the revocation of the grant, the annulment of the property title, and the recovery of the land by INDER.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "21/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1221236.json", "html_url": "/legal/doc/nexus-sen-1-0004-1221236", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1221236" }, { "id": "nexus-sen-1-0004-1221237", "citation": "Res. 00269-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Payment Not Conditional on Property Registration", "title_es": "Improcedencia de pago condicionado a inscripción registral del inmueble", "summary_en": "The First Chamber of the Supreme Court of Justice heard and dismissed the cassation appeal filed by the plaintiff companies (Worldplay Eco-Mining S.A., Worldplay Exploration and Explotation S.A., and Worldplay Management Strategies S.A.) against the Agrarian Tribunal's ruling. In the ordinary proceeding, the plaintiffs sought performance of a bilateral contract for the sale of an unregistered land intended for mining exploitation, or alternatively its termination with damages, alleging that payment of the US$4,037,500 price was conditional upon the property's registration, an obligation breached by the defendants. The Agrarian Tribunal confirmed the lower court's dismissal of the claim, finding that the plaintiffs had not proven that registration was a condition for payment, since the written contracts expressly stated the subject of sale was an unregistered land, and subsequent modifications only dealt with time extensions. The First Chamber upheld that there was no tacit modification of the contract accepted by the defendants, because the invoked email only contained a unilateral statement by the buyers without evidence of acceptance by the seller, and the testimonies were insufficient against the documentary evidence. Consequently, the cassation appeal was dismissed, with costs against the losing party.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1221237.json", "html_url": "/legal/doc/nexus-sen-1-0004-1221237", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1221237" }, { "id": "nexus-sen-1-0004-1221255", "citation": "Res. 00264-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation denial on possession and indemnity claim in Térraba Sierpe Wetland", "title_es": "Rechazo de casación sobre posesión y reclamo indemnizatorio en Humedal Térraba Sierpe", "summary_en": "The First Chamber of the Supreme Court of Justice denies the cassation appeal filed by the plaintiff against the Administrative Litigation Court's judgment that dismissed the lawsuit. The plaintiff sought recognition of his ownership right by usucapion over a 134-hectare plot located in the Térraba Sierpe National Wetland, as well as indemnification for damages caused by environmental restrictions imposed by SINAC and the State. The Chamber affirms that the testimonial and documentary evidence was insufficient to prove the ten-year possession prior to the wetland's creation decree (1994) and the legitimacy of possession over the specific claimed area. The trial court correctly assessed the evidence under the rules of sound criticism, and the appellant failed to refute the judgment's grounds. Alleged violations of substantive rules on usucapion, prescription, state liability, and costs are rejected, since neither ownership nor legitimate possession was demonstrated. The Chamber partially modifies the cost award by excluding defendants declared in default, but maintains the plaintiff's liability.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "21/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1221255.json", "html_url": "/legal/doc/nexus-sen-1-0004-1221255", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1221255" }, { "id": "nexus-sen-1-0004-1223972", "citation": "Res. 00267-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of standing for users to judicially challenge public works concession contract", "title_es": "Falta de legitimación activa de usuarios para impugnar judicialmente contrato de concesión de obra pública", "summary_en": "The First Chamber of the Supreme Court of Justice reviews a cassation appeal filed by a conservationist association and two individuals against a ruling of the Contentious-Administrative Court that declared their lawsuit inadmissible. The plaintiffs sought the annulment of acts related to the San José-Caldera highway concession (Route 27) and claimed environmental and property damages. The lower court upheld the defenses of lack of standing and constitutional res judicata. On cassation, the First Chamber confirms the lack of standing, holding that Article 19 of the General Law on Public Works Concessions with Public Services (Law 7762) only enables users to resort to administrative channels, not direct judicial action, to defend their rights. It rejects arguments based on diffuse interests and protection of public funds, and dismisses challenges to evidentiary assessments and procedural defects. However, it partially overturns the ruling to exempt the plaintiffs from paying costs, finding they had sufficient cause to litigate.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1223972.json", "html_url": "/legal/doc/nexus-sen-1-0004-1223972", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1223972" }, { "id": "nexus-sen-1-0004-1227879", "citation": "Res. 00391-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No liability for landslide on Río Pirro", "title_es": "Denegatoria de responsabilidad por deslizamiento en Río Pirro", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses the cassation appeal filed by four residents of Urbanización San Fernando, Heredia, against the judgment that had rejected their claim for damages resulting from a landslide that occurred on October 14, 2011, on the left bank of the Pirro River. The plaintiffs attributed liability to the Municipality of Heredia, a private university, and a church, alleging that works carried out by the latter two and the municipal omission in protecting the riverbank caused the slope failure that affected their homes. The Contentious-Administrative Court dismissed the lawsuit for lack of evidence of causation. On appeal, the plaintiffs claimed improper rejection of \"better-resolve\" evidence and erroneous assessment of several documents. The Chamber upholds the judgment, finding that the judges thoroughly justified the exclusion of untimely evidence and that the documents cited did not prove a causal link between the defendants' conduct and the landslide. Moreover, the Chamber notes that the record contained evidence pointing to liability exemptions, such as force majeure (extraordinary rainfall) and possible contributory negligence (informal discharge of rainwater and sewage onto the slope). No costs are awarded.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "03/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1227879.json", "html_url": "/legal/doc/nexus-sen-1-0004-1227879", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1227879" }, { "id": "nexus-sen-1-0004-1235295", "citation": "Res. 00529-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of active standing in claim for environmental and urban damages", "title_es": "Falta de legitimación activa en demanda por daños ambientales y urbanísticos", "summary_en": "The First Chamber of the Supreme Court hears a cassation appeal by Dennis Lacombe Martínez against a ruling by the Fourth Section of the Administrative Court, which sua sponte declared lack of active standing in a lawsuit for damages related to the construction of the Terrazas de Lindora Shopping Center. The plaintiff, a natural person, sought compensation for damages to the adjoining property, privacy, health, and environment, but failed to prove ownership or a legal link with the property owner, Corporación B L Veintiuno de Santa Ana S.A. The Chamber upholds the lower court's decision, holding that standing is a substantive requirement reviewable ex officio, and the plaintiff did not establish his right or current interest. It also rejects the claim of diffuse interest standing in environmental matters, as it was not timely raised under Article 10.c of the CPCA or Article 50 of the Constitution. The appeal is dismissed with costs, and documentary evidence submitted late is rejected.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1235295.json", "html_url": "/legal/doc/nexus-sen-1-0004-1235295", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1235295" }, { "id": "nexus-sen-1-0004-1236150", "citation": "Res. 00685-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction over aquifer contamination by pineapple farms", "title_es": "Competencia en contaminación de acuíferos por piñeras", "summary_en": "The First Chamber of the Supreme Court resolved a jurisdictional conflict arising in an administrative contentious proceeding brought by three Rural Aqueduct Administrative Associations (ASADAS) from Río Cuarto, Alajuela, against the Costa Rican Institute of Aqueducts and Sewers (AyA) and the State Phytosanitary Service. The plaintiffs claimed that the institutions failed to protect aquifers by granting permits for pineapple cultivation, which caused chemical contamination of soil and water, and sought integral restoration of ecosystems and damages exceeding four billion colones. In the supplementary hearing before judgment, the defendants argued that the matter fell under the enforcement of a Constitutional Chamber ruling (vote 695-2019) and that the Administrative Court lacked jurisdiction over the indemnification claims. The First Chamber held that the jurisdictional objection had already been rejected and not appealed, making it procedurally improper to revisit. It further confirmed that, as the case involves public administrations governed by administrative law, exclusive jurisdiction lies with the administrative contentious court, ordering the Administrative and Civil Tax Court to continue hearing the case until its conclusion.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "13/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1236150.json", "html_url": "/legal/doc/nexus-sen-1-0004-1236150", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1236150" }, { "id": "nexus-sen-1-0004-1239965", "citation": "Res. 00624-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No Necessary Joinder and Rejection of Appeal Against Municipal Demolition Order", "title_es": "Improcedencia de litisconsorcio necesario y rechazo de casación contra orden de demolición municipal", "summary_en": "The First Chamber of the Supreme Court of Justice rejected the cassation appeal filed by Little Dream S.A. against a judgment that dismissed its lawsuit to compel the Municipality of Carrillo to grant construction permits for an apartment project that had been built illegally. The Chamber found no incomplete necessary joinder for failing to notify the apartment occupants, since the lawsuit only sought construction permits and did not challenge the validity of the municipal demolition order. Additionally, the grievances regarding construction requirements failed because the plaintiff did not even satisfy the originally requested requirements and did not rebut the additional regulatory bases demanded by the municipality, such as environmental viability and water availability. The argument about the environmental impact of demolition was also dismissed, as the nullity of the demolition order was not claimed, and the court cannot substitute itself for the active administration. Costs were imposed on the appellant.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "13/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1239965.json", "html_url": "/legal/doc/nexus-sen-1-0004-1239965", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1239965" }, { "id": "nexus-sen-1-0004-1239999", "citation": "Res. 00858-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Compensation for Properties Affected by Wetland", "title_es": "Improcedencia de indemnización por afectación de fincas a humedal", "summary_en": "The First Chamber of the Supreme Court of Justice rejects the cassation appeal filed by two companies seeking compensation for material damages and the expropriation of their lands, claiming that their property rights were voided due to the designation of their properties as within the Laguna Bonilla Wetland and its protection zone. The Chamber finds that absolute impossibility of economic use was not proven: the only evidence of denial referred to a municipal permit for bus parking, not all activities. Furthermore, one property was transferred to a trust during the proceedings, contradicting the alleged loss of commercial value. The judgment holds that mere inclusion in a wetland area does not automatically void property rights, as national and international law allow rational and controlled use, subject to permits, except in protected areas, Ramsar sites, or State Natural Heritage lands.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1239999.json", "html_url": "/legal/doc/nexus-sen-1-0004-1239999", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1239999" }, { "id": "nexus-sen-1-0004-1243606", "citation": "Res. 01042-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Competence conflict: civil vs. agrarian jurisdiction for interim measure over property with commercial activity", "title_es": "Conflicto de competencia: jurisdicción civil vs. agraria para medida cautelar sobre finca con actividad comercial", "summary_en": "The First Chamber resolves a conflict of competence between the Collegiate Civil Trial Court of the Third Judicial Circuit of Alajuela (San Ramón) and the Agrarian Court of the Second Judicial Circuit of Alajuela (San Carlos), arising from an atypical interim measure filed by Lost Canyon Adventures S.A. against Kristine Ray Larsson. The plaintiff sought the immediate cessation of all commercial activity on a 13,555.89 m² property, which included a restaurant, shuttle parking, yoga classes, and special events. The civil court declared itself incompetent, considering that ecotourism activities could fall under agrarian jurisdiction, but the agrarian court declined jurisdiction, deeming the actual use of the property to be purely commercial. The Agrarian Tribunal disapproved the recusal, invoking preventive competence for urgent interim measures, and ordered the proceedings to continue. Subsequently, the defendant filed an objection of lack of jurisdiction, prompting the referral to the First Chamber. The Chamber analyzes the nature of the conflict, rules out that the property is used for agrarian activities, and concludes that competence belongs to the civil jurisdiction, based on subject-matter specialization, the location of the property, and the amount in controversy, in accordance with the Civil Procedure Code and the Agrarian Jurisdiction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1243606.json", "html_url": "/legal/doc/nexus-sen-1-0004-1243606", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1243606" }, { "id": "nexus-sen-1-0004-1246448", "citation": "Res. 01079-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No Compensation for Property Restrictions Due to Water-Spring Protection Zone", "title_es": "Improcedencia de indemnización en limitaciones a propiedad por zona de protección de naciente", "summary_en": "The First Chamber summarily dismisses the cassation appeal due to lack of proper legal argumentation. The plaintiff sought compensation for property restrictions resulting from a water-spring protection zone that prevented construction. The Administrative Court denied the claim, holding that environmental restrictions are legitimate, of public order, and do not give rise to a right to compensation. The First Chamber affirms that property owners must bear environmental limitations without indemnification.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "water-law" ], "date": "14/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1246448.json", "html_url": "/legal/doc/nexus-sen-1-0004-1246448", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1246448" }, { "id": "nexus-sen-1-0004-1246451", "citation": "Res. 01082-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of cassation appeal for unraised procedural accumulation in environmental nullity case", "title_es": "Rechazo de casación por acumulación procesal no alegada en lesividad de parcela ambiental", "summary_en": "The First Chamber examined a cassation appeal filed by the representatives of a couple whose land allocation in the Los Planes de Drake settlement was being contested by INDER through a nullity (lesividad) proceeding. The appellants argued that the trial court should have sua sponte consolidated this case with an earlier ordinary proceeding where they claimed compensation and relocation for administrative errors, due to identical elements. However, the Chamber found that this consolidation request had never been raised during the proceedings, constituting an entirely new argument on appeal. Under article 69.5 of the Civil Procedure Code (applied supplementarily), the Chamber flatly rejected the appeal without addressing the merits of the nullity of the allocation or the occupants' rights on lands belonging to the State's Natural Heritage.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "14/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1246451.json", "html_url": "/legal/doc/nexus-sen-1-0004-1246451", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1246451" }, { "id": "nexus-sen-1-0004-1250021", "citation": "Res. 01182-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over land with alleged forest public domain status", "title_es": "Competencia agraria sobre bienes con presunta demanialidad forestal", "summary_en": "The First Chamber of the Supreme Court resolves a jurisdictional conflict between agrarian and administrative courts in a case seeking nullity of deeds, surveys, and registry entries for two overlapping properties, one allegedly with 97% forest cover. The State, as counterclaimant, argued the lands form part of the National Natural Heritage (Patrimonio Natural del Estado) and, as public domain assets, should be heard in administrative jurisdiction. The Chamber upholds the Agrarian Court of Puntarenas' jurisdiction, holding that the Agrarian Jurisdiction Law expressly allows the State to appear in defense of public domain (Art. 22.ch) and that the presence of agricultural activity or an agricultural entrepreneur as plaintiff preserves the agrarian nature of the dispute, regardless of alleged public domain characteristics.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "12/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1250021.json", "html_url": "/legal/doc/nexus-sen-1-0004-1250021", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1250021" }, { "id": "nexus-sen-1-0004-1250026", "citation": "Res. 01187-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Exhaustion of Administrative Remedies and Water Concession Expiration", "title_es": "Agotamiento de la vía administrativa y caducidad de concesión de aguas", "summary_en": "The First Chamber of the Supreme Court dismisses an appeal against a lower court ruling that denied the claim seeking to annul the expiration of a water concession from the Veracruz River granted to SUDAGUA. The Chamber holds that the plaintiff had exhausted administrative remedies by filing an untimely appeal, which made the administrative act final. It rejects the argument that the lower court failed to give notice to the superior official under Article 31.3 of the Contentious Administrative Procedure Code, as the official was already aware after dismissing the untimely appeal. Regarding the non-use of the concession, the Chamber notes that SETENA had granted environmental viability twice, and the plaintiff itself requested the files be archived, facts that were not challenged in cassation. The claim for reimbursement of fees is also denied, as the plaintiff’s own inaction prevented use of the water right. The lower court ruling is upheld.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "12/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1250026.json", "html_url": "/legal/doc/nexus-sen-1-0004-1250026", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1250026" }, { "id": "nexus-sen-1-0004-1253289", "citation": "Res. 01270-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation on Property Purchase Agreement and Water Vulnerability Reclassification", "title_es": "Casación sobre contrato de compraventa de inmueble y modificación de vulnerabilidad hídrica", "summary_en": "The First Chamber of the Supreme Court of Justice hears the cassation appeal filed by Mohamed Ibrahim El Ghanam against the judgment of the Civil Trial Court of Heredia, which dismissed his lawsuit and the counterclaim of Malesa S.A. The plaintiff sought the forced execution of a real estate sale of a 168,018 m² property in La Ribera de Belén, alleging a verbal agreement (addendum) subsequent to a purchase option, as well as compensation for unjust enrichment and a de facto partnership, arguing that his efforts before SENARA changed the classification from extreme vulnerability to low, permitting development and increasing the land's value. The Chamber dismisses all cassation grounds: Malesa's consent to the addendum was not proven, nor that the intermediary (Salazar Fonseca) had authority to bind the company; municipal land-use certificates showed the land already allowed construction prior to the SENARA modification; there was no evidence of unjust enrichment or a de facto partnership. The appealed judgment is upheld in full, with costs imposed on the appellant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1253289.json", "html_url": "/legal/doc/nexus-sen-1-0004-1253289", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1253289" }, { "id": "nexus-sen-1-0004-1253323", "citation": "Res. 01337-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lapse of ex officio environmental proceedings", "title_es": "Caducidad del procedimiento ambiental iniciado de oficio", "summary_en": "The First Chamber of the Supreme Court examined whether an environmental sanctioning procedure initiated ex officio by the Environmental Administrative Tribunal against Químicos Holanda —for damages caused by a 2006 fire at its Moín plant— had lapsed due to inactivity. The majority dismissed the cassation appeal, upholding the denial of lapse by the lower court. Interpreting Article 340 of the General Public Administration Act, the Chamber held that the lapse doctrine applies to both party-initiated and ex officio proceedings, and that the limitation in subsection 2 —barring lapse when the file is ready for final resolution— also applies to ex officio procedures. The Chamber further rejected arguments regarding Article 50 of the Constitution and quantification of environmental damages due to lack of proper reasoning in the appeal. A dissenting opinion argued that the subsection 2 limitation applies only to party-initiated proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1253323.json", "html_url": "/legal/doc/nexus-sen-1-0004-1253323", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1253323" }, { "id": "nexus-sen-1-0004-1253325", "citation": "Res. 01339-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Sala Primera upholds AyA's discretionary power over expropriation and rules that expropriation claims must be pursued through specific proceedings, not ordinary process", "title_es": "Sala Primera confirma que ordenar la expropiación es potestad discrecional del AyA y debe tramitarse en vía expropiatoria, no en proceso de conocimiento", "summary_en": "The First Chamber of the Supreme Court rejects the cassation appeal filed by Río Segundo de las Fuentes S.A. against the ruling of the Contentious-Administrative Court that dismissed its lawsuit. The company, owner of a property where the Gutiérrez and Lankaster springs are located —which are tapped by AyA for public water supply—, requested the court to order the total or partial expropriation of its land, arguing that the municipality's refusal to grant a land-use permit for a housing development, combined with water resource protection restrictions, prevented it from exercising its property rights and amounted to a deprivation of ownership. The Chamber confirms the lower court's holding that the decision to expropriate is a discretionary power of the Administration —in this case, AyA— and cannot be replaced by the courts in an ordinary proceeding. It also upholds the finding that the plaintiff failed to prove the absolute impossibility of exercising its property rights, since spring-source restrictions impose non-compensable limitations that landowners must bear. Moreover, because the administrative expropriation procedure (appraisal, declaration of public utility, and determination of fair compensation) had not been completed, it was not possible to adjudicate in that forum the area to be expropriated or the corresponding indemnity. The Chamber does urge AyA to resolve the expropriation request within six months, in accordance with the principle of legal certainty. Finally, it affirms the award of costs against the plaintiff as the losing party.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "01/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1253325.json", "html_url": "/legal/doc/nexus-sen-1-0004-1253325", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1253325" }, { "id": "nexus-sen-1-0004-1258633", "citation": "Res. 01516-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Statute of limitations for contractual rescission when defects do not qualify as hidden", "title_es": "Prescripción de resolución contractual por vicios ocultos no configurables", "summary_en": "The First Chamber of the Supreme Court of Justice upholds the Agrarian Court's ruling that the contractual rescission action filed by the buyer of a lot in a real estate development in Osa was time-barred. The plaintiff alleged breach of contract due to the lack of infrastructure (electricity, water, sewer) and concealment of an administrative proceeding before the Environmental Administrative Tribunal. The court held that these defects did not legally qualify as hidden defects, since the buyer could have verified the absence of basic services before closing the sale—three years elapsed between the purchase option and the deed—and the existence of the environmental proceeding did not prove any impairment of the property's utility. Consequently, the ten-year statute of limitations began to run upon execution of the contract in 2011 and had already expired by the time the complaint was served in 2022. The Chamber dismisses both procedural and substantive cassation appeals, confirming the prescription ruling.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "24/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1258633.json", "html_url": "/legal/doc/nexus-sen-1-0004-1258633", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1258633" }, { "id": "nexus-sen-1-0004-1258664", "citation": "Res. 01139-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of cassation appeal against partial settlement approval in PNE case", "title_es": "Rechazo de casación contra homologación de transacción parcial en caso de PNE", "summary_en": "The First Chamber of the Supreme Court flatly rejects the cassation appeal filed by INDER against the approval of a partial settlement by the Administrative Court. The approved agreement determined that the property described in cadastral map 6-2200582-2020 does not encompass State Natural Heritage (PNE) areas, based on SINAC reports. INDER raised fifteen grounds of appeal for indirect violation of substantive rules, alleging improper evidentiary assessment and lack of technical-scientific studies on historical forest cover and soil classification, in breach of Articles 13 and 15 of the Forestry Law, constitutional environmental principles, and binding case law. The Chamber rules the appeal inadmissible because the grounds lack legal reasoning: the appellant merely expressed disagreements of opinion without contrasting the decision with the supposedly infringed substantive norms, nor developing the link between evidence and substantive law, failing to meet the requirements of Article 140(c) of the Contentious Administrative Procedure Code. INDER is ordered to pay costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "property-and-titling", "forestry-law-7575", "procedural-environmental" ], "date": "30/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1258664.json", "html_url": "/legal/doc/nexus-sen-1-0004-1258664", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1258664" }, { "id": "nexus-sen-1-0004-1258755", "citation": "Res. 01476-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of land titling on forested land and INDER's patrimonial liability", "title_es": "Anulación de titulación de terreno con cobertura forestal y responsabilidad patrimonial del INDER", "summary_en": "The First Chamber of the Supreme Court reviews a cassation appeal by Agroindustrial Piñas del Bosque S.A. against a ruling that annulled the titling of land in San Carlos, originally awarded by the IDA (now INDER) to Tierra Tropical S.R.L. and later purchased by the appellant. The lower court annulled the award and subsequent transfers, reasoning that the land was partially covered by forest and part of the State's Natural Heritage, the required soil use certificate under Law 7779 was not provided, and the regulation under which titling occurred was declared unconstitutional. The Chamber upholds the annulment because the defect of lacking a soil use certificate remains, but partially overturns the ruling on compensation: it orders indexation of the amount paid for the property and recognizes the right to compensation for damages and lost profits resulting from the annulment, including infrastructure and lost earnings, to be liquidated in enforcement proceedings.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "24/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1258755.json", "html_url": "/legal/doc/nexus-sen-1-0004-1258755", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1258755" }, { "id": "nexus-sen-1-0004-1258759", "citation": "Res. 01482-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal denied for mutual breach in construction contract affected by SETENA", "title_es": "Rechazo de casación por incumplimiento recíproco en contrato de obra afectada por SETENA", "summary_en": "The First Chamber of the Supreme Court of Justice hears a cassation appeal filed by the defendant-counterclaimant against the judgment of the Collegiate Court of First Instance of the Atlantic Zone, which dismissed both the claim and the counterclaim for breach of a construction contract for a commercial building in Guápiles. The lower court found that both parties breached the contract: the plaintiff excavated deeper than allowed by the environmental viability permit from SETENA, causing suspension of the project, and the defendant failed to pay the initial 20% of the construction cost and did not timely submit the feasibility studies required by the bank for financing. The appellant argued that the judgment did not determine which party breached first and gravely, under Articles 692 and 1089 of the Civil Code, and that there were errors in the assessment of evidence. The Chamber rejects both grounds: the first as futile cassation, since the appellant did not refute the judgment’s central argument regarding the contractual notice-of-breach clause, and for raising a new legal provision at this stage; the second as informal, for failing to clearly identify the evidence allegedly misappreciated and to link it with the specific rules of evidence evaluation violated. The appeal is dismissed with costs imposed on the appellant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1258759.json", "html_url": "/legal/doc/nexus-sen-1-0004-1258759", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1258759" }, { "id": "nexus-sen-1-0004-1258791", "citation": "Res. 01523-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Damages claim for earthworks and tree felling dismissed for lack of proof", "title_es": "Acción de daños y perjuicios por movimientos de tierra y tala de árboles desestimada por falta de prueba", "summary_en": "The First Chamber of the Supreme Court of Justice ruled on the cassation appeal filed by Guiselle del Cielo S.A. against the judgment that dismissed its ordinary claim for damages against the Condominio Vertical Residencial Estancias de San Joaquín. The plaintiff alleged that the condominium carried out earthworks, excavations, and tree felling on its property, altering the topography. The trial court dismissed the claim for lack of sufficient evidence, and the Chamber upheld that decision. It found that the judicial expert report showed that the unevenness in the plaintiff's land was due to prior fill, carried out by order of the plaintiff itself, and not to the defendant's works. It also concluded that ownership of the felled trees and responsibility for the damage were not proven. The appeal based on inconsistency was rejected because it did not refer to a discrepancy between what was requested and what was resolved, but to evidentiary assessment. The Chamber dismissed the appeal and imposed costs on the appellant.", "primary_topic_id": null, "topic_ids": [], "date": "24/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1258791.json", "html_url": "/legal/doc/nexus-sen-1-0004-1258791", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1258791" }, { "id": "nexus-sen-1-0004-1258797", "citation": "Res. 01529-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipal liability rejected for express warning of no-build zone in spring radius", "title_es": "Improcedencia de responsabilidad municipal por advertencia expresa de no construcción en radio de naciente", "summary_en": "The First Chamber of the Supreme Court dismisses the cassation appeal filed by Max Ávila Reyes against the Municipality of Montes de Oca. The plaintiff purchased a lot with a mortgage loan relying on a land-use certificate that declared the zoning compatible for residential construction, but which also contained an express warning: 'not suitable for construction due to spring radius restriction'. His building permit was subsequently denied. He claimed material and moral damages, alleging violation of the principles of good faith, legitimate expectations, and equality. The Administrative Litigation Court dismissed the claim for lack of causal link, since the municipality had clearly warned of the environmental restriction under Article 33(a) of the Forestry Law, regarding permanent spring protection areas. The First Chamber upholds the decision, finding that the appellant introduced new arguments not raised in the lawsuit, without challenging the basis of the judgment, making cassation unfeasible. Costs are imposed on the appellant.", "primary_topic_id": null, "topic_ids": [ "water-law", "_off-topic" ], "date": "24/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1258797.json", "html_url": "/legal/doc/nexus-sen-1-0004-1258797", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1258797" }, { "id": "nexus-sen-1-0004-1262673", "citation": "Res. 01562-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INALIENABILITY OF FORESTED INDER LANDS BARS PRIVATE TITLING", "title_es": "Inalienabilidad de terrenos boscosos del INDER impide su titulación privada", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses the cassation appeal filed by the co-defendant company and upholds the judgment that declared contrary to public interest the INDER board resolution authorizing segregation and transfer of lot 97044 of the Puriscal-Parrita Project to a private individual. The trial court found that the lot, forest-covered and part of an INDER-owned estate, constituted State Natural Heritage under articles 13, 14 and 15 of the Forestry Law, so its alienation breached the statutory prohibition on alienability of such lands. Absolute nullity of the resolution, the segregation deed and relevant registry entries is declared, with an order to reintegrate the area into INDER’s parent estate. The Chamber rejects arguments concerning misinterpretation of the Possessory Information Law, curable defects, and lack of reasoning in the lesividad act, holding that the core defect – alienating public domain assets – is incurable and that discussion of possessory rights exceeds the scope of the lesividad proceeding.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "procedural-environmental", "property-and-titling" ], "date": "07/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1262673.json", "html_url": "/legal/doc/nexus-sen-1-0004-1262673", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1262673" }, { "id": "nexus-sen-1-0004-1262674", "citation": "Res. 01563-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cessation of municipal inaction and exemption from costs in defense of diffuse environmental interests", "title_es": "Cesación de inactividad municipal y exoneración de costas en defensa de intereses difusos ambientales", "summary_en": "The First Chamber of the Supreme Court of Justice hears a cassation appeal against a ruling by the Administrative Court that dismissed a lawsuit alleging inaction by the Municipality of Garabito regarding solid waste pollution at Playa Azul. The plaintiff sought to compel the municipality to eliminate pollution sources and restore environmental damage. The lower court deemed the journalistic evidence insufficient, denied the claim, and ordered the plaintiff to pay costs. In a unanimous ruling, the First Chamber finds that during the proceedings it was proven that the municipal inaction had ceased, as the defendant carried out cleaning actions and obtained the Blue Flag Ecological Award in 2020 and 2021. Since the omission ended, the lawsuit for inaction becomes moot, and analysis of the precautionary principle is unnecessary. However, the Chamber holds that the news clippings, while insufficient to prove damage, were sufficient grounds to prompt municipal action, and because the plaintiff litigated in defense of diffuse environmental interests without seeking personal gain, an exemption from costs is appropriate. Consequently, the ruling is partially overturned, the cost award is revoked, and the plaintiff is exempted from payment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "07/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1262674.json", "html_url": "/legal/doc/nexus-sen-1-0004-1262674", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1262674" }, { "id": "nexus-sen-1-0004-1262706", "citation": "Res. 01624-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of construction permit in Cartago agricultural zone", "title_es": "Anulación de licencia de construcción en zona agropecuaria de Cartago", "summary_en": "The First Chamber of the Supreme Court upholds the lower court ruling that declared absolute nullity of construction permit 24700-A issued by the Municipality of Cartago in the San Nicolás district. The dwelling, not linked to agricultural activity, exceeded the Regulatory Plan’s parameters for the agricultural zone: 10.4 m height (max 7 m), 490 m² construction area (max 150 m² for residential use), and 7.3% coverage while the norm restricts it to 10% but only 150 m² for the house, reserving the rest for agricultural/forestry structures. The court reinforced urban planning and environmental protection, ordering the municipality to investigate other potential irregularities in permit issuance.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "14/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1262706.json", "html_url": "/legal/doc/nexus-sen-1-0004-1262706", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1262706" }, { "id": "nexus-sen-1-0004-1262709", "citation": "Res. 01627-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Water connection for irregular urban development and water availability", "title_es": "Conexión de agua en proyecto urbanístico irregular y disponibilidad hídrica", "summary_en": "The First Chamber of the Supreme Court hears a cassation appeal filed by the plaintiff against the judgment of the Contentious-Administrative Court, which dismissed his claim against the Costa Rican Institute of Aqueducts and Sewers (AyA). The plaintiff, owner of a lot segregated from an informal urban development called 'Nuevo Guápiles', sought an order for AyA to provide a water connection and later to implement technical works to ensure water supply in the area. The lower court rejected the claim on the grounds that the lot is part of an urban development that failed to meet legal requirements, including Article 21 of the AyA Constitutive Law, and that there is a risk of aquifer contamination due to the lack of sanitary sewerage. The First Chamber upholds the substantive decision, as AyA had no legal duty to provide the service under those conditions and the plaintiff was aware of the lack of availability. However, it partially grants the appeal regarding the award of costs, finding that the plaintiff had reasonable grounds to litigate, given the prior existence of water availability certifications that were later revoked. The costs order is reversed, and the dismissal of the claim is otherwise maintained.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "14/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1262709.json", "html_url": "/legal/doc/nexus-sen-1-0004-1262709", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1262709" }, { "id": "nexus-sen-1-0004-1263451", "citation": "Res. 01670-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Exchange rate differential income from extraterritorial earnings and financial expenses for liquidity reserves", "title_es": "Ingresos por diferencial cambiario de rentas extraterritoriales y gastos financieros por reservas de liquidez", "summary_en": "The First Chamber of the Supreme Court hears the cassation appeal filed by Banco Lafise S.A. (and its assignee) against the judgment of the Contentious-Administrative Court, which in consolidated ordinary and lesividad proceedings dismissed the bank's nullity claim and upheld the State's lesividad claim. The dispute concerns the income tax determination for fiscal year 2008, specifically: i) whether exchange rate gains from extraterritorial income are taxable; ii) the bank's methodology for allocating non-deductible expenses to non-taxable income; iii) application of the principle of legitimate expectation based on a consultation with the DGT; iv) the liquidation of the Tax Administrative Tribunal's ruling; and v) the deductibility of financial expenses for liquidity reserves required by SUGEF. The Chamber rejects all grounds, both procedural and substantive, upholding the lower court's judgment that declared TFA-092-2013 detrimental to fiscal interests inasmuch as it reversed adjustments made by the Tax Administration.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1263451.json", "html_url": "/legal/doc/nexus-sen-1-0004-1263451", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1263451" }, { "id": "nexus-sen-1-0004-1265447", "citation": "Res. 01608-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of addition and clarification regarding unjust enrichment and exceptio non adimpleti contractus", "title_es": "Rechazo de adición y aclaración sobre enriquecimiento sin causa y excepción de contrato no cumplido", "summary_en": "The First Chamber of the Supreme Court of Justice rules on a request for addition and clarification of its previous judgment (No. 1270-F-S1-2024), filed by the plaintiff in an ordinary proceeding concerning a contractual dispute over a real estate sale. The requesting party alleged: (1) failure to rule on one of its grievances (error in the assessment of land-use certificates from the Municipality of Belén), (2) failure to consider another grievance regarding violation of Civil Code provisions, (3) omission of analysis of the sixteenth cassation ground, and (4) error in stating that the exceptio non adimpleti contractus was not invoked. The Chamber rejects all arguments. It notes that the first, fourth, and tenth grievances were examined jointly and that the unjust enrichment claims were denied because the land-use certificates showed the land could be built upon before the plaintiff's efforts before SENARA. Regarding the exceptio, the Chamber clarifies that the plaintiff did not formally raise it as a defense against the counterclaim, but rather invoked lack of right, which was upheld. A material error in the prior judgment is corrected, but the request for addition and clarification is denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1265447.json", "html_url": "/legal/doc/nexus-sen-1-0004-1265447", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1265447" }, { "id": "nexus-sen-1-0004-1266655", "citation": "Res. 01705-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Judgment annulled for extra petita inconsistency by declaring nullity of an implicit act not requested", "title_es": "Anulan sentencia por incongruencia extra petita al declarar nulidad de acto implícito no solicitado", "summary_en": "The First Chamber of the Supreme Court of Justice of Costa Rica hears the cassation appeal filed by the Municipality of Vásquez de Coronado against the judgment of the Contentious Administrative Court that partially upheld the claim of two dismissed municipal employees. The lower court annulled the implicit act adopted by the Municipal Council in an extraordinary session ordering the elimination of the positions, as well as the dismissal letters and personnel actions, and ordered reinstatement. The Chamber analyzes the allegation of inconsistency raised by the appellant. It finds that the plaintiffs only requested the nullity of Agreement 2013-EXT-62-03 and related acts, but not the implicit act of closing the positions nor the dismissal notification letters. The Chamber's case law establishes that the term \"related\" in Article 122(a) of the Contentious Administrative Procedure Code covers acts subsequent and subordinate to the challenged act. Since the annulled act preceded the one requested and had no subordinate relationship, there is no connection. Therefore, the lower court incurred in extra petita inconsistency by granting relief not requested, violating the defendant's right of defense. The appeal is granted, the judgment is annulled, and the case is remanded for a new decision.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1266655.json", "html_url": "/legal/doc/nexus-sen-1-0004-1266655", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1266655" }, { "id": "nexus-sen-1-0004-1266658", "citation": "Res. 01708-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal dismissed against annulment of land titling for omission of environmental requirements", "title_es": "Improcedencia de casación contra anulación de titulación de tierras por omisión de requisitos ambientales", "summary_en": "The First Chamber of the Supreme Court dismissed the cassation appeal against the contentious-administrative court ruling that upheld the lesividad action brought by the Institute of Rural Development (INDER). The action sought to annul the IDA Board agreement, the transfer deed, and registry entries for a farm in Partido de Puntarenas, originally titled to Apolonio Zúñiga Zúñiga, because essential regulatory requirements were omitted: MINAE certification on protected wild areas, INTA land-use study, and a declaration of non-affectation of State Natural Heritage. The Chamber confirmed that the titling occurred under Law No. 7599, later declared unconstitutional but valid at the time of the act. It rejected arguments about revocation and compensation, reiterating that the lesividad process applies to acts with absolute nullity defects, not revocation. The defense based on the property's location in an indigenous reserve or possessory rights was also dismissed as irrelevant to the nullity defects. The annulment and precautionary measures were upheld, with costs imposed on the appellant.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "05/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1266658.json", "html_url": "/legal/doc/nexus-sen-1-0004-1266658", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1266658" }, { "id": "nexus-sen-1-0004-1266662", "citation": "Res. 01712-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal on compliance with CNE reports in landslide risk case", "title_es": "Recurso de casación sobre cumplimiento de informes de la CNE en caso de riesgo por deslizamiento", "summary_en": "The First Chamber of the Supreme Court reviews a cassation appeal filed by the Municipality of La Unión against a lower court ruling that partially upheld a lawsuit ordering the municipality to comply with recommendations from 1994 and 2011 reports by the National Commission for Risk Prevention and Emergency Response (CNE) regarding prevention and mitigation measures in areas of high landslide and flood risk in La Unión, Cartago. The Municipality alleged omission of evidence and extra petita inconsistency. The Chamber rejects both claims: it finds the lower court did consider the challenged evidence, and the reforestation order for El Fierro and Piedra El Encanto was included in the request to comply with the 1994 report. The appeal is denied, with costs to the appellant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1266662.json", "html_url": "/legal/doc/nexus-sen-1-0004-1266662", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1266662" }, { "id": "nexus-sen-1-0004-1266681", "citation": "Res. 01732-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forced Sale of Co-owned Property Denied for Failure to Prove Material Indivisibility", "title_es": "Improcedencia de venta forzosa de inmueble copropiedad sin demostrar indivisibilidad material", "summary_en": "The First Chamber of the Supreme Court of Justice reviews the cassation appeal filed by plaintiffs against the lower court ruling that dismissed their claim for forced sale of a co-owned property. The appealed judgment found that plaintiffs failed to prove the material indivisibility of the property, a prerequisite under Articles 272 and 273 of the Civil Code, because the offered expert evidence was not produced due to the proponents' lack of diligence. On cassation, appellants argued that the local zoning plan prohibited subdivision and that a purchase offer had been made, but the Chamber rejects these arguments. Regarding the zoning plan, the generic reference in the complaint did not specify the exact rule, and the detailed argument on cassation is a new, inadmissible claim. Furthermore, even analyzing Article 16 of the Goicoechea Zoning Plan, plaintiffs did not demonstrate that the property was actually located within the regulated zone with a minimum lot size of 300 m². As for the expert evidence, the Chamber confirms that it was the interested party's burden to contact the expert; their failure justified declaring the evidence unproduced. Finally, although the Chamber disagrees with the lower court's requirement to prove prior negotiation, this difference of opinion does not change the outcome, as the lack of proof of indivisibility remains. The cassation appeal is dismissed, with costs imposed on the appellant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic", "subdivision-fraccionamiento" ], "date": "05/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1266681.json", "html_url": "/legal/doc/nexus-sen-1-0004-1266681", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1266681" }, { "id": "nexus-sen-1-0004-1267711", "citation": "Res. 01755-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment for lack of factual clarity in banana company liability", "title_es": "Anulación por falta de claridad fáctica en responsabilidad de empresa bananera", "summary_en": "The First Chamber of the Supreme Court annuls the judgment of the Administrative Contentious Court that partially upheld a claim for damages caused by flooding in the San Pancracio settlement of Siquirres. The plaintiffs, residents of the settlement, accused the banana companies Bandeco and Chiquita Brands, along with the State, the Municipality of Siquirres, and the CNE, of building dikes and earthworks without permits, altering river flows and causing recurrent flooding since 2002. The lower court held the companies liable for failing to obtain the environmental viability required by the Organic Environmental Law and the public entities for failing to supervise. The First Chamber, hearing Chiquita Brands' cassation appeal, found that the contested judgment lacked a clear and precise determination of the proven facts concerning that company. It did not specify when, how, or where Chiquita Brands carried out the works without permits, making it impossible to ascertain the evidentiary assessment. This factual deficiency violates due process and the right to defense; therefore, the judgment is reversed on formal grounds and remanded to the lower court for a new ruling in accordance with law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "12/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1267711.json", "html_url": "/legal/doc/nexus-sen-1-0004-1267711", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1267711" }, { "id": "nexus-sen-1-0004-1267723", "citation": "Res. 01767-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Determination of Landlocked Status and Public Road Nature of Adjoining Land", "title_es": "Determinación del enclavamiento de un fundo y la naturaleza de calle pública colindante", "summary_en": "The First Chamber of the Supreme Court reviews a cassation appeal by Inmobiliaria Antares S.A., which sought a declaration that its property in Guanacaste is landlocked and, alternatively, the establishment of an easement over neighboring land or the reopening of a public road allegedly existing on the northern boundary. The Contentious-Administrative Tribunal dismissed all claims and imposed costs on the plaintiff, finding no proof of landlocked status (the property had access to a public road on the east) and no evidence that the northern boundary is a public road. The First Chamber confirms the dismissal on the merits, but waives the cost award due to reasonable grounds for litigation. It upholds the lower court’s decision that the plaintiff failed to prove landlocked status or the existence of a public road to the north, and additionally notes that recent forestry legislation now allows certain works in protected areas, requiring exhaustion of administrative remedies before declaring a property landlocked.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "12/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1267723.json", "html_url": "/legal/doc/nexus-sen-1-0004-1267723", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1267723" }, { "id": "nexus-sen-1-0004-1267733", "citation": "Res. 01779-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of parcel awards within Forest Reserve and State Natural Heritage", "title_es": "Nulidad de adjudicaciones sobre parcelas en Reserva Forestal y Patrimonio Natural del Estado", "summary_en": "The First Chamber of the Supreme Court of Justice hears a cassation appeal filed by INDER against a judgment of the Administrative Court that declared null the awards of three plots from the Osa Settlement to private parties, as they belong to the State Natural Heritage lying entirely within the Golfo Dulce Forest Reserve. The lower court also ordered INDER to correct the boundaries and area of the parent property (folio 39334) and to carry out a cadastral survey. The First Chamber annuls the ruling on procedural grounds, finding an extrapetita inconsistency: the State only requested nullity of the award agreements and a declaration of public domain, but not the cadastral correction of the entire parent property, a matter on which INDER had no opportunity to defend itself. The case is remanded for a new decision in accordance with law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "12/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1267733.json", "html_url": "/legal/doc/nexus-sen-1-0004-1267733", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1267733" }, { "id": "nexus-sen-1-0004-1267741", "citation": "Res. 01787-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No Compensation for Damages Arising from the Factual Existence of a Wetland", "title_es": "Improcedencia de indemnización por daños derivados de la existencia fáctica de un humedal", "summary_en": "The First Chamber of the Supreme Court rules on a lawsuit filed by two development companies seeking the annulment of a technical report by SINAC that identified the existence of a wetland on their properties, claiming that this determination frustrated their real estate projects. The Administrative Court had dismissed the lawsuit in its entirety, finding a lack of right and lack of standing for the subsidiary real claims, as the properties were held in trust. The First Chamber upholds the dismissal of the main claim, holding that the damage to the projects does not stem from the challenged administrative act, but from the factual existence of the wetland, whose protection operates by legal mandate and constitutional precedent. It is also proven that the credit operations occurred after the wetland was identified and that the projects never went beyond mere expectations. However, the Chamber partially grants the appeal regarding the award of costs, exempting the plaintiffs because they had sufficient reason to litigate given the uncertainty created by the late identification of the wetland and the technical difficulty for an average person to detect it.", "primary_topic_id": null, "topic_ids": [], "date": "12/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1267741.json", "html_url": "/legal/doc/nexus-sen-1-0004-1267741", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1267741" }, { "id": "nexus-sen-1-0004-1267742", "citation": "Res. 01788-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Procedural flaws of incongruity and lack of reasoning in mining concession non-renewal", "title_es": "Vicios de incongruencia y falta de motivación en rechazo de prórroga de concesión minera", "summary_en": "The First Chamber of the Supreme Court of Justice overturned a trial court judgment that had dismissed a suit seeking nullity of a decision by the Mining and Geology Directorate (DGM) that denied renewal and declared the expiration of a concession to extract materials from the Banano River bed. In its complaint, the concessionaire had argued that the DGM failed to grant the prior hearing required by article 94 of the Mining Code before issuing the contested resolution, violating its right to defense and due process. However, the trial court did not address that argument, resolving other issues but omitting any analysis of the lack of hearing. The First Chamber held that the judgment was vitiated by incongruity for ignoring the cause of action, and by lack of reasoning for providing arguments unrelated to the point at issue. It therefore granted the cassation appeal, annulled the oral and public trial, and remanded the case for a new decision in accordance with law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1267742.json", "html_url": "/legal/doc/nexus-sen-1-0004-1267742", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1267742" }, { "id": "nexus-sen-1-0004-1267745", "citation": "Res. 01791-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial admission of cassation appeal in case on Playa Grande project and Las Baulas National Marine Park", "title_es": "Admisión parcial del recurso de casación en proceso sobre proyecto en Playa Grande y Parque Nacional Marino Las Baulas", "summary_en": "The First Chamber of the Supreme Court of Justice rules on the admissibility of the cassation appeal filed by Coming Undone Ltda. against the judgment of the Contentious-Administrative and Civil Treasury Court, which dismissed its lawsuit against the State and SINAC. The company sought the nullity of administrative acts that denied an extension of an environmental viability permit for a project in Playa Grande, Guanacaste, arguing it is located within Las Baulas National Marine Park. The Chamber admits only four of the seven grievances, finding the others lack sufficient legal reasoning or raise new arguments not debated in the lower court. In a dissenting opinion, Judge Vargas Vásquez argues for full admission based on the principles of pro appeal and effective judicial protection. The ruling does not address the merits, only the partial admission of the appeal.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "12/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1267745.json", "html_url": "/legal/doc/nexus-sen-1-0004-1267745", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1267745" }, { "id": "nexus-sen-1-0004-1270818", "citation": "Res. 01868-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Contract termination for municipal breach in public works", "title_es": "Resolución contractual por incumplimiento municipal en obra pública", "summary_en": "The First Chamber annuls a ruling by the Administrative Litigation Court that had terminated a municipal building contract and ordered the Municipality of Corredores to pay damages and costs. The lower court found the Municipality the first breaching party for lacking sufficient budgetary resources, causing distrust and hindering progress. The Chamber identifies reasoning defects: the ruling acknowledged res judicata from an extrajudicial conciliation agreement yet inconsistently analyzed the prior stage, and it failed to examine reciprocal breaches and the use of advance funds. Lacking clarity and legal support, the judgment is overturned and remanded for a new decision.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1270818.json", "html_url": "/legal/doc/nexus-sen-1-0004-1270818", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1270818" }, { "id": "nexus-sen-1-0004-1270821", "citation": "Res. 01871-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal on omission of judicial expert evidence in challenge to municipal environmental sanction", "title_es": "Casación por omisión de valoración de pericia judicial en impugnación de sanción ambiental municipal", "summary_en": "The First Chamber of the Supreme Court of Justice heard a cassation appeal filed by the Municipality of Mora against a judgment of the Administrative Litigation Court that dismissed its nullity claim against acts of the Environmental Administrative Tribunal (TAA). The TAA had sanctioned the municipality with a compensation of ₡9,604,000 for environmental damage resulting from stone material extraction without permits, based on a SINAC report. In court, the municipality challenged the validity of that report and proposed a geology expert to quantify the actual damage. The trial court disregarded the judicial expertise, arguing that the expert did not understand the purpose of the assignment, as instead of calculating the damage, he merely criticized the SINAC report. The First Chamber found that the trial court committed a procedural defect by refusing to assess the expertise, which had indeed been rendered as requested (based solely on the case file). This omission violated the plaintiff’s right to defense and prevented it from adequately contesting the judgment. Therefore, the appeal was upheld on procedural grounds, the judgment was annulled, and the case was remanded to the trial court to issue a new decision in accordance with the law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "soil-conservation-7779" ], "date": "19/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1270821.json", "html_url": "/legal/doc/nexus-sen-1-0004-1270821", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1270821" }, { "id": "nexus-sen-1-0004-1270824", "citation": "Res. 01874-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation for lack of reasoning in damages award to good-faith third-party purchasers", "title_es": "Casación sobre falta de motivación en condena por daños y perjuicios a terceros adquirentes de buena fe", "summary_en": "The First Chamber of the Supreme Court of Justice heard a cassation appeal filed by the Costa Rican Electricity Institute (ICE) against a ruling by the Contentious-Administrative and Civil Treasury Court. ICE sought to recover lands expropriated in 1978 for the Arenal Reservoir, which had been subjected to fraudulent transfers and sales to third parties. The trial court nullified the property registrations in favor of the defendants and ordered restitution to ICE, but also abstractly ordered ICE to pay damages to several good-faith third-party purchasers, while dismissing counterclaims and awarding costs against ICE with respect to certain co-defendants. On appeal, ICE argued lack of reasoning in the damages award, as the judgment did not specify the harm or explain causation, and only one of the beneficiaries had filed a counterclaim. The First Chamber upheld the appeal, annulled the judgment, and remanded for a new decision, finding that the abstract condemnation was too vague and insufficiently reasoned, and that only one party had formally sought compensation.", "primary_topic_id": null, "topic_ids": [], "date": "19/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1270824.json", "html_url": "/legal/doc/nexus-sen-1-0004-1270824", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1270824" }, { "id": "nexus-sen-1-0004-1270834", "citation": "Res. 01886-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment due to missing recording of oral trial", "title_es": "Anulación por falta de grabación del juicio oral", "summary_en": "The First Chamber of the Supreme Court of Justice heard a cassation appeal filed by CODOCSA S.A. against a judgment of the Administrative and Civil Tax Court, which had dismissed its lawsuit for breach of contract and cost overruns arising from interferences in an environmental improvement project. The appellant argued a lack of due process because there was no recording of the oral trial hearing, where essential testimonial and expert evidence was presented. The Chamber verified that, despite attempts to obtain the backup, the judicial recording system had failed and the support was not located. It considered that the absence of the recording violated the right of defense and due process, since it prevented the cassation court from properly reviewing the claims. Consequently, it annulled the appealed judgment and ordered the reinstatement of the unrecorded proceedings, sending the case file back to the court of origin for a new hearing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1270834.json", "html_url": "/legal/doc/nexus-sen-1-0004-1270834", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1270834" }, { "id": "nexus-sen-1-0004-1273341", "citation": "Res. 00009-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "State liability for lawful conduct in revoking an environmental feasibility permit", "title_es": "Responsabilidad patrimonial del Estado por conducta lícita al anular viabilidad ambiental", "summary_en": "The First Chamber of the Supreme Court hears a cassation appeal by Marina and Resort Moín S.A. against two rulings from the Administrative and Tax Court that dismissed its lawsuit seeking annulment of administrative acts and damages. The company had obtained an environmental feasibility permit from SETENA in 2008 for a real estate and marina project in Moín, but the Ministry of Environment, the Comptroller General, and SINAC issued a series of acts that eventually revoked that permit. The plaintiff claimed annulment and, subsidiarily, compensation for losses caused by the lawful suppression of rights acquired in good faith, relying on the principle of legitimate expectations. The lower court dismissed the claims because the challenged acts were not annullable or the alleged flaws were unproven, and denied damages solely on the basis that the annulment action failed. The First Chamber finds the judgment infra petita (incomplete ruling) because the court failed to address the alternative claim for State liability based on lawful administrative conduct. As a result, the Chamber annuls the rulings and remands the case for a new decision that must address that subsidiary claim.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "16/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1273341.json", "html_url": "/legal/doc/nexus-sen-1-0004-1273341", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1273341" }, { "id": "nexus-sen-1-0004-1273349", "citation": "Res. 00017-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "State legislative liability and statute of limitations in relation to general regulatory acts", "title_es": "Responsabilidad del Estado legislador y plazo de prescripción frente a actos normativos generales", "summary_en": "The First Chamber reviews on cassation the judgment of the Contentious-Administrative Court that upheld the statute of limitations defense and dismissed the damages claim of PATTCO INC S.A. and Lilliana Torres Murillo. The plaintiffs claimed damages for State legislative liability and against the Municipality of Desamparados due to the Urban Planning Law and the Partial Territorial Zoning Plan that designated their property as industrial, yet without meeting the required road alignment, which they argued nullified their property rights. The Chamber rejects all grievances: it dismisses lack of motivation as a procedural flaw because the judgment did contain sufficient reasoning; it discards the indirect violation of law for failing to identify any infringed substantive rules; and it confirms the interpretation of Article 198 of the General Public Administration Act, holding that the 4‑year statute of limitations to claim against the Administration runs from the event giving rise to liability – in this case the general norms themselves, not their individual application acts. It also upholds the award of costs against the plaintiff for allowing her claim to become time‑barred, with no sufficient reason to litigate. The cassation appeal is dismissed with costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1273349.json", "html_url": "/legal/doc/nexus-sen-1-0004-1273349", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1273349" }, { "id": "nexus-sen-1-0004-1273447", "citation": "Res. 00141-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of cassation appeal over demolition of swimming pools without construction permit", "title_es": "Rechazo de casación por demolición de piscinas sin permiso constructivo", "summary_en": "The First Chamber of the Supreme Court rejects the cassation appeal filed by Mediterranean Holdings S.A. against the judgment that dismissed its claim against the Municipality of Carrillo and official Maureen Brenes Acuña. The plaintiff alleged illegality in the demolition of two swimming pools within the Peñón del Coco residential condominium, citing lack of notice, misuse of power, and damages. The appellate court confirms that the pools lacked a building permit, notices were sent to the fax number provided by the company representative, and no misuse of power was found. Procedural grievances regarding lack of reasoning and omission of evidence are dismissed, as well as substantive arguments on default and expiration. Costs are imposed on the appellant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1273447.json", "html_url": "/legal/doc/nexus-sen-1-0004-1273447", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1273447" }, { "id": "nexus-sen-1-0004-1274709", "citation": "Res. 00126-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mining concession: single extension and State discretion", "title_es": "Concesión minera: prórroga única y discrecionalidad del Estado", "summary_en": "The First Chamber of the Costa Rican Supreme Court rejects an appeal against a judgment of the Administrative Appellate Court that had dismissed claims by an association seeking a second extension of a mining concession in the Toro Amarillo riverbed. The lower court dismissed the case, accepting the defense of lack of right, on the basis that the Mining Code allows only one extension and its granting is a discretionary power of the Administration, not a subjective right of the concessionaire. The Chamber confirms this interpretation, stating that articles 30 and 33 of the Mining Code do not provide for multiple extensions, and that ownership of mineral resources is inalienable to the State. It also dismisses all the procedural and substantive grounds of the appeal, including claims of incongruence, retroactive application of the law, violation of the non-retroactivity principle, misinterpretation of article 33, and omission of technical evidence, on the grounds that the appeal lacks clarity, attacks administrative actions beyond the scope of cassation, or is based on erroneous premises.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1274709.json", "html_url": "/legal/doc/nexus-sen-1-0004-1274709", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1274709" }, { "id": "nexus-sen-1-0004-1274720", "citation": "Res. 00139-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation and Remand for Failure to Justify Contractual Breaches", "title_es": "Casación y reenvío por falta de motivación en incumplimientos contractuales", "summary_en": "The First Chamber of the Supreme Court hears a cassation appeal filed by Grupo Orosi S.A. against the Administrative Court’s ruling that had partially annulled the CETAC's contract termination but confirmed the existence of breaches by the consortium. The Chamber analyzes three procedural grounds: lack of clear and precise determination of proven facts, and two defects of insufficient reasoning. On the first claim, it dismisses the alleged confusion arising from a duplication of paragraphs on proven facts; the second paragraph merely analyzes, rather than re-lists, the facts. However, regarding the reasoning defect, the Chamber finds that the lower court accepted the contractual breaches detailed in the final report of the administrative proceedings (identified as proven fact 17) without specifically examining the evidence supporting each listed breach (such as CCSS delinquency, lack of a technical director or environmental steward, schedule non-compliance, inadequate machinery, etc.), and without assessing whether reciprocal breaches existed and their gravity, or whether financial imbalance was caused. By merely quoting the report, the Tribunal failed to provide sufficient reasoning. The appeal is therefore granted, the judgment is quashed, and the case is remanded to the court of origin for a new decision in accordance with the law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1274720.json", "html_url": "/legal/doc/nexus-sen-1-0004-1274720", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1274720" }, { "id": "nexus-sen-1-0004-1276234", "citation": "Res. 01857-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Conditional environmental viability and property certification", "title_es": "Viabilidad ambiental condicionada a certificación de propiedad", "summary_en": "The First Chamber upholds the ruling dismissing the lawsuit filed by Eco Proyecciones del Nuevo Milenio S.A. against the State, rejecting the nullity of administrative acts that had revoked the environmental viability and mining concession for the Tajo Asunción project. The lower court found that the environmental viability granted by SETENA through resolution 1836-2013 was subject to a suspensive condition: the submission of a property certificate for the land, as required by Article 9 of the General Regulation on Environmental Impact Assessment Procedures. The company, which did not hold registered title and failed to provide the certificate within the granted extension, had expressly accepted this condition when seeking approval. The Chamber holds that, as the condition was not met, the administrative act never became effective nor conferred any vested rights; thus, the administration was entitled to revoke it without initiating a lesividad proceeding. Costs are imposed on the plaintiff.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "19/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1276234.json", "html_url": "/legal/doc/nexus-sen-1-0004-1276234", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1276234" }, { "id": "nexus-sen-1-0004-1276235", "citation": "Res. 01863-2024 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Damages for business closure following improper hierarchy resolution", "title_es": "Indemnización por cierre de negocio tras resolución de jerarca impropio", "summary_en": "The First Chamber of the Supreme Court of Justice dismissed the cassation appeal filed by Comerializadora de Concreto y Asfalto COMCOAS S.A. against the State, seeking damages arising from Resolution No. 410-2011 issued by the Third Section of the Contentious Administrative Court acting as improper hierarchy, which ordered the closure of additional works of a cement plant based on the precautionary principle. The Constitutional Chamber partially annulled that resolution for violating constitutional res judicata regarding environmental aspects. The First Chamber upheld the lower court's ruling denying the claim, finding that the improper hierarchy's resolution remained final as to the unchallenged legality defects, and that the definitive business closure resulted from the company's own business decisions, not as a direct and immediate effect of that resolution, thereby breaking the causal link required for State liability.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0004-1276235.json", "html_url": "/legal/doc/nexus-sen-1-0004-1276235", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1276235" }, { "id": "nexus-sen-1-0004-1276243", "citation": "Res. 00178-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Review action inadmissible against Administrative Environmental Tribunal ruling", "title_es": "Improcedencia de revisión contra resolución del Tribunal Ambiental Administrativo", "summary_en": "The First Chamber of the Supreme Court summarily rejects a review action filed by FINCA LA IRMA DE RODRÍGUEZ G S.A. against a ruling by the Administrative Environmental Tribunal (TAA). The plaintiff sought review of TAA ruling no. 1246-19-TAA, issued in an administrative proceeding. The Chamber finds that the ruling does not have material res judicata effect, a necessary requirement for a review action under Article 72 of the Civil Procedure Code. It explains that TAA rulings only exhaust the administrative channel under Article 103 of the Environmental Framework Law (Law 7554), lacking material res judicata force, and therefore are not subject to review. Consequently, the action is dismissed out of hand.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1276243.json", "html_url": "/legal/doc/nexus-sen-1-0004-1276243", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1276243" }, { "id": "nexus-sen-1-0004-1281807", "citation": "Res. 00239-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Enforcement of constitutional ruling for environmental harm — state liability for failure to enforce sanitary order", "title_es": "Ejecución de sentencia constitucional por daño ambiental — responsabilidad del Estado por omisión en hacer cumplir orden sanitaria", "summary_en": "The First Chamber of the Supreme Court resolves a cassation appeal filed by the State against a judgment enforcing a Constitutional Chamber ruling. The case originated from an environmental pollution complaint: a housing development was discharging wastewater onto the plaintiff's property, prompting a sanitary order from the Ministry of Health to the Municipality of Cañas. The Constitutional Chamber granted an amparo action, ordering the pollution to be addressed and damages paid. During enforcement, the Administrative Court partially upheld the claim, holding the State and Municipality jointly liable for material damages and costs. The State appealed, alleging error in the evaluation of expert evidence and lack of standing, arguing the damage was caused solely by the Municipality. The First Chamber confirms the lower ruling, holding that the State's liability arises from its omission to take necessary measures to enforce the sanitary order, which prolonged the environmental harm. The expert report establishes the damage extent, and the State's omission constitutes sufficient causation. The appeal is dismissed with costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1281807.json", "html_url": "/legal/doc/nexus-sen-1-0004-1281807", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1281807" }, { "id": "nexus-sen-1-0004-1281819", "citation": "Res. 00266-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of regularization for telecom tower built without permits", "title_es": "Denegatoria de regularización de torre de telecomunicaciones construida sin permisos", "summary_en": "The First Chamber reviews the cassation appeal filed by Continental Towers against the judgment that dismissed its claim for annulment of municipal acts and request for a construction permit for a self-supporting telecom tower. The company built the tower without a construction license or prior environmental viability. Subsequently, SETENA granted an operational environmental viability, but the Municipality of Santa Ana rejected the permit application and ordered demolition. The lower court upheld the legality of the municipal administrative acts. The Chamber rejects all procedural and substantive grievances. It holds there was neither incongruence nor lack of reasoning, as the judgment explained why operational environmental viability cannot replace the requirement of prior environmental impact assessment for construction, under Article 9 bis of Decree 31849. It dismisses the alleged misinterpretation of Article 93 of the Construction Law and the assessment of the land-use certificate, finding it does not confer a right of priority. It upholds the cost order.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "27/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1281819.json", "html_url": "/legal/doc/nexus-sen-1-0004-1281819", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1281819" }, { "id": "nexus-sen-1-0004-1282751", "citation": "Res. 00328-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of cassation appeal in double-title conflict without exercise of ownership attributes", "title_es": "Rechazo de casación en conflicto de doble titulación sin ejercicio de atributos del dominio", "summary_en": "The First Chamber of the Supreme Court of Justice flatly rejects the cassation appeal filed by the plaintiff in a proceeding concerning double titling of real estate. The appellant alleged procedural and substantive violations, including incorrect application of Article 456 of the Civil Code, failure to assess evidence, and the defendants' alleged bad faith. However, the Chamber finds the appeal lacks proper legal grounding, as it fails to clearly identify the specific cassation grounds or effectively challenge the lower court's reasoning. On the merits, it confirms that in double-title conflicts, the title backed by exercise of ownership attributes—especially possession—prevails. The plaintiff never possessed the property, while the holders of the overlapping titles did, supported by registry publicity and the presumption of good faith. Additionally, the court ordered cancellation of the plaintiff's title and awarded her moral damages due to the Registry's abnormal functioning. The request for an oral hearing is also denied as ancillary to the rejected appeal.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1282751.json", "html_url": "/legal/doc/nexus-sen-1-0004-1282751", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1282751" }, { "id": "nexus-sen-1-0004-1282769", "citation": "Res. 00363-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeals dismissed for lack of substantiation and incongruence", "title_es": "Recursos de casación desestimados por falta de fundamentación e incongruencia", "summary_en": "The First Chamber of the Supreme Court resolves two cassation appeals against judgment No. 40-2023-IV of the Administrative and Civil Tax Court, in a contractual breach action between Agroinduchem S.A. and the Costa Rican Social Security Fund (CCSS). The plaintiff's appeal alleged improper evidentiary assessment and omission regarding the expiration date and degradability of organic bleach, as well as error in limiting damages. The Chamber dismisses the appeal as informal, lacking proper technical-legal substantiation: the grievances are generic, superficial, and merely argumentative, without a clear attack on the evidence or precise identification of error. As for the defendant's appeal, it alleged omission of the expert testimony of Ronald Rojas Solano and external laboratory reports, and violation of Article 193(b) CPCA on costs. The Chamber upholds the lower court's ruling: the final administrative decision, favorable to the plaintiff, is final and enjoys a presumption of validity; the CCSS's technical reports lacked legal endorsement and thus did not prove breach. A contrary ruling would be incongruent. The cost award stands as the general rule, with no sufficient reason to litigate found. Both appeals are dismissed, with costs borne by each appellant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1282769.json", "html_url": "/legal/doc/nexus-sen-1-0004-1282769", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1282769" }, { "id": "nexus-sen-1-0004-1282790", "citation": "Res. 00389-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction for Collection of TAA Environmental Indemnity", "title_es": "Competencia para cobro de indemnización ambiental del TAA", "summary_en": "The First Chamber of the Supreme Court resolves a conflict of jurisdiction between the Specialized Collection Court of the Second Judicial Circuit of San José and the administrative litigation courts regarding a monetary order proceeding filed by the State to collect a compensatory indemnity imposed by the Environmental Administrative Tribunal (TAA) under Article 111(c) of the Organic Environmental Law (No. 7554). The Chamber holds that, since the claim involves a liquid and enforceable obligation contained in a certification issued by the TAA president—a document with executory force under Article 111.2.7 of the Civil Procedure Code—the matter must proceed as a monetary order process. Based on the defendants' domicile (Curridabat) and the specialization rules approved by the Supreme Court, it declares that jurisdiction by subject matter and territory lies with the Specialized Collection Court of the Second Judicial Circuit of San José.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1282790.json", "html_url": "/legal/doc/nexus-sen-1-0004-1282790", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1282790" }, { "id": "nexus-sen-1-0004-1283727", "citation": "Res. 00329-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation of judgment for evidentiary flaws regarding possession in Golfo Dulce Forest Reserve", "title_es": "Anulación de sentencia por defectos en la valoración probatoria de posesión en Reserva Forestal Golfo Dulce", "summary_en": "The First Chamber of the Supreme Court reviewed cassation appeals filed by the State and INDER against a judgment that recognized the plaintiffs as possessors of a parcel within the Golfo Dulce Forest Reserve and awarded compensation. The Chamber identified a serious procedural flaw: the lower court based its decision on a 1980 ITCO board resolution that adjudicated parcel 4-80, measuring just under 3 hectares to one plaintiff, whereas the claimed parcel was 26-6, exceeding 77 hectares and claimed by both. That resolution was not invoked by the parties and was improperly used as key evidence to establish 68 years of possession, causing defenselessness. The Chamber annulled the judgment and remanded for a new decision on the merits in accordance with law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1283727.json", "html_url": "/legal/doc/nexus-sen-1-0004-1283727", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1283727" }, { "id": "nexus-sen-1-0004-1283729", "citation": "Res. 00332-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Upholds annulment of Tralapa's concession for route 1511 and denies inclusion of route 1502 in abbreviated transport tender", "title_es": "Confirma nulidad de concesión a Tralapa de ruta 1511 y rechaza inclusión de ruta 1502 en licitación abreviada de transporte", "summary_en": "The First Chamber of the Costa Rican Supreme Court resolves the cassation appeals filed by the plaintiff Alfaro Ltda. and the co-defendant Tralapa Ltda. against the judgment of the Contentious-Administrative Court that partially granted the claim. The contested ruling annulled the concession granted to Tralapa for route 1511 (San José–Playa Flamingo) on the grounds that it was an extension of route 503-A and thus subject to constitutional precedents requiring a full public tender, and rejected Alfaro's claims to be included in the abbreviated procedure under Law 8826 for route 1502, based on res judicata from an earlier judgment of this Chamber (vote 1427-F-S1-2012) which mandated technical studies and an ordinary tender. The Chamber fully affirms the lower court ruling, rejecting all cassation arguments as unfounded or informal, and issues no order as to costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1283729.json", "html_url": "/legal/doc/nexus-sen-1-0004-1283729", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1283729" }, { "id": "nexus-sen-1-0004-1283730", "citation": "Res. 00333-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Claim for property rights within Golfo Dulce Forest Reserve dismissed", "title_es": "Improcedencia de reclamo de propiedad sobre tierras dentro de Reserva Forestal Golfo Dulce", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses the cassation appeal filed by Elizabeth Chacón Agüero against the Administrative Court's judgment that rejected her lawsuit. The plaintiff sought to declare void an INDER agreement that revoked a special titling procedure in the Osa Campesino Settlement, and to be recognized as owner by adverse possession of a plot within the Golfo Dulce Forest Reserve. The trial court upheld the lack of current interest, as the plaintiff failed to prove ten-year possession prior to the creation of the reserve. The First Chamber confirms the award of costs against the losing party, dismissing the procedural and substantive grievances. It holds that there was no sufficient reason to litigate that would exempt from payment of costs, since the claim lacked objective foundation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1283730.json", "html_url": "/legal/doc/nexus-sen-1-0004-1283730", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1283730" }, { "id": "nexus-sen-1-0004-1283750", "citation": "Res. 00394-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Good faith in acquiring lands within Quitirrisí Indigenous Territory", "title_es": "Buena fe en adquisición de tierras en territorio indígena Quitirrisí", "summary_en": "The First Chamber of the Supreme Court, by majority, upholds the lower court’s decision partially granting the claim of a non-indigenous corporation seeking compensation for the encumbrance of its property, partially located within the Quitirrisí Indigenous Territory. The property, acquired in 1981, was 23% affected since 1979; the remaining 77% was affected by a 2001 expansion. The Court finds that under Articles 2, 3 and 5 of the Indigenous Law, lands in indigenous reserves are inalienable and non-transferable, and any post-reserve acquisition by non-indigenous persons is null and void ab initio. Good faith is only recognized if possession or ownership predates the encumbrance. Consequently, the acquirer acted in good faith regarding the 77% not affected at the time of purchase, entitling it to expropriation and compensation by INDER and CONAI. Compensation for the initial 23% is denied due to bad faith. The Constitutional Chamber had upheld this interpretation, ruling that registry good faith cannot validate null acts. INDER's appeals regarding the State's lack of standing and the expropriation deadline are dismissed. A dissenting vote considers good faith indivisible.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "property-and-titling" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1283750.json", "html_url": "/legal/doc/nexus-sen-1-0004-1283750", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1283750" }, { "id": "nexus-sen-1-0004-1285792", "citation": "Res. 00553-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of environmental viability extension in Las Baulas National Marine Park", "title_es": "Denegatoria de prórroga de viabilidad ambiental en el Parque Nacional Marino Las Baulas", "summary_en": "The First Chamber upheld the denial of an environmental viability extension to build a home on private property within the boundaries of Las Baulas National Marine Park. The court held that private ownership does not prevent the State from protecting the area through environmental impact assessment, applying the precautionary principle. The location in an environmentally fragile area, certified by SINAC, justified the denial even though the land had not been expropriated or lost private character. It emphasized that property rights are not absolute and are subject to social-interest limitations when constitutionally relevant ecosystems are at stake. The plaintiff's request for exemption from costs was rejected, as no procedural good faith or sufficient grounds to litigate were shown, and the cassation appeal was dismissed with costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "27/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1285792.json", "html_url": "/legal/doc/nexus-sen-1-0004-1285792", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1285792" }, { "id": "nexus-sen-1-0004-1288095", "citation": "Res. 00586-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lender Not Liable for Developer's Breach of Contract", "title_es": "Banco acreedor no responde por incumplimiento del desarrollador inmobiliario", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses a cassation appeal filed by a buyer of a lot in the Bariloche Real condominium project, who sued Banco Nacional de Costa Rica for damages after the developer's breach of contract. The plaintiff argued that bank employees committed irregularities in the processing and approval of the loan, such as accepting overvalued appraisals, failing to disclose risks, and disbursing the loan in a single payment without verifying construction progress. The lower court dismissed the suit, a decision the Chamber upholds. The Chamber holds that it was not proven that the alleged anomalies detected in the bank's general internal audit reports specifically affected the plaintiff's loan. It states that the buyer knowingly and voluntarily accepted the terms of the deal by signing a purchase option contract with the developer, setting the price and delivery period herself before the bank's involvement. It concludes that the bank did not become the guarantor or supervisor of the project's viability and is therefore not liable for the third party's breach, and that the plaintiff assumed the risk of the 'green' financing. She is ordered to pay the costs of the appeal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1288095.json", "html_url": "/legal/doc/nexus-sen-1-0004-1288095", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1288095" }, { "id": "nexus-sen-1-0004-1288105", "citation": "Res. 00596-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Invalidity of Compensation for Damages to Illegal Constructions Without Administrative Permits", "title_es": "Invalidez de indemnización por daños en construcciones ilegales y sin permisos administrativos", "summary_en": "The First Chamber of the Supreme Court of Justice of Costa Rica, in ruling No. 00596-2025, hears a cassation appeal in a civil ordinary proceeding for material and moral damages suffered by the plaintiffs due to a landslide caused by the defendant. The trial court ordered the defendant to compensate the damages to the buildings located on the plaintiffs' property, as well as moral damages and lost rental income. The defendant appealed, arguing that the buildings were illegal because they lacked construction permits, invaded protection areas of a stream and a spring, and had no technical supervision. The First Chamber partially annuls the judgment, ruling that compensation for illegal property is not admissible. It upholds compensation for the damage caused to the land itself, but excludes the damages to the buildings, moral damages, and rental payments, considering that the plaintiffs placed themselves in an illegal situation that had to cease. Additionally, it partially upholds the counterclaim, declaring that the constructions are irregular and contrary to law, without special order as to costs due to mutual defeat and good faith.", "primary_topic_id": null, "topic_ids": [], "date": "03/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1288105.json", "html_url": "/legal/doc/nexus-sen-1-0004-1288105", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1288105" }, { "id": "nexus-sen-1-0004-1288114", "citation": "Res. 00605-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Tree fall in protected area constitutes force majeure", "title_es": "Caída de árbol en zona protegida constituye fuerza mayor", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses a cassation appeal filed by the plaintiff, who claimed damages for a tree that fell from the defendants' property onto his. The lower court had dismissed the lawsuit, accepting the defense of lack of right, finding the damage was caused by force majeure (a heavy rainstorm) breaking the causal link. The Chamber upholds the appealed judgment. After reviewing testimonial and documentary evidence, it concludes the defendants acted with due diligence: they attempted to fell trees in the area, but upon being warned it was a protected zone under the Forestry Law (articles 33 and 34), they stopped and unsuccessfully sought permits from SINAC and MINAE. They also hired an agronomist who identified no risk in the fallen tree. The court finds the efficient cause of the fall was the intense rains, an unforeseeable and unavoidable event; thus, the defendants bear no civil liability.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "03/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1288114.json", "html_url": "/legal/doc/nexus-sen-1-0004-1288114", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1288114" }, { "id": "nexus-sen-1-0004-1288867", "citation": "Res. 00315-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation for Lack of Reasoning in Administrative Objective Liability", "title_es": "Casación por falta de motivación en responsabilidad objetiva de la Administración", "summary_en": "The First Chamber of the Supreme Court annuls a judgment of the Administrative Contentious Court of the Second Judicial Circuit of San José for lack of sufficient reasoning. The case involves Inversiones Pelyo del Este S.A., which sued the State, SENARA, and the Municipality of Vásquez de Coronado for damages caused by the impossibility of building and operating a service station due to administrative and environmental hurdles. The lower court had condemned only the Municipality for material damages and dismissed the claim against the State and SENARA, without explaining the factual and legal grounds for this differentiated treatment or why joint liability was not imposed. The First Chamber finds that the challenged judgment fails to justify why the proven facts, claims, and evidence lead to holding only the Municipality liable while absolving the State and SENARA. The cost allocation is also unmotivated. The cassation appeal on procedural grounds (Article 137(d) of the Administrative Contentious Procedure Code) is granted, and the case is remanded for a new judgment in accordance with the law.", "primary_topic_id": null, "topic_ids": [], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1288867.json", "html_url": "/legal/doc/nexus-sen-1-0004-1288867", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1288867" }, { "id": "nexus-sen-1-0004-1288874", "citation": "Res. 00402-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Obligation to pay municipal waste fee even when hiring a private authorized manager", "title_es": "Obligación de pagar la tasa municipal de residuos aun contratando gestor autorizado privado", "summary_en": "The First Chamber of the Supreme Court of Justice dismissed a cassation appeal filed by Compañía Palma Tica S.A. against the Municipality of Quepos. The company challenged the municipal fee for ordinary solid waste collection, arguing that since 2015 it had a contract with a private authorized waste manager (Asoproquepos) and that the Comprehensive Waste Management Law (No. 8839) allowed it to choose that service instead of the municipal one, thus exempting it from payment. The Contentious Administrative Tribunal had rejected its claims, and the First Chamber upheld that decision. The Chamber interpreted Articles 8, 38, 39 of Law 8839 and 83 of the Municipal Code and concluded that comprehensive waste management is a primary responsibility of municipalities. The payment of the fee for ordinary waste collection is mandatory in places where the municipality provides the service, regardless of whether the individual hires a private manager for personal reasons or does not use the municipal service. The possibility of resorting to authorized managers is primarily intended for places where the municipal service is non-existent or insufficient. The company knew since 2017 that the municipality would start collecting waste, and it was its voluntary decision to keep the private contract, which does not exempt it from paying the fee.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1288874.json", "html_url": "/legal/doc/nexus-sen-1-0004-1288874", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1288874" }, { "id": "nexus-sen-1-0004-1288893", "citation": "Res. 00713-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Costs award in environmental proceeding regarding sanitary sewer system", "title_es": "Condena en costas en proceso ambiental sobre alcantarillado sanitario", "summary_en": "The First Chamber of the Supreme Court heard a cassation appeal filed by a citizen against a ruling of the Administrative and Civil Tax Court that dismissed his lawsuit against the Municipality of Alajuela and AyA. The plaintiff sought the rehabilitation and expansion of Alajuela's sanitary sewer networks, as well as contracting studies for a master plan and a treatment plant. The lower court rejected those claims, finding that the defendants had proven substantial improvements to the system, including the rehabilitation of the Villa Bonita plant and the granting of health and discharge permits. On appeal, the plaintiff alleged lack of reasoning, failure to apply the Environmental Organic Law, and violation of legal certainty. The Chamber dismissed the procedural and substantive challenges as generic and lacking evidentiary support. However, it partially granted the appeal and reversed solely the award of costs, holding that the plaintiff had sufficient grounds to litigate because when he filed suit in 2017 the sewer situation was different and the improvements occurred during the proceedings. It ruled without special imposition of costs.", "primary_topic_id": "water-law", "topic_ids": [ "environmental-law-7554", "water-law" ], "date": "24/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1288893.json", "html_url": "/legal/doc/nexus-sen-1-0004-1288893", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1288893" }, { "id": "nexus-sen-1-0004-1291068", "citation": "Res. 00317-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of review of ruling on occupation in Ostional Refuge public zone", "title_es": "Rechazo de revisión por ocupación en zona pública del Refugio Ostional", "summary_en": "The First Chamber of the Supreme Court of Justice rules on a review petition filed by Carlos Roberto Páez Sotela against Judgment 3029-2010 of the Contentious-Administrative and Civil Court of the Treasury. That judgment had upheld a State counterclaim ordering the eviction and demolition of the petitioner's constructions in the public zone of the Ostional National Wildlife Refuge. The petitioner alleges three grounds: lack of necessary joinder by failing to include SINAC, contradiction with a prior Constitutional Chamber ruling that allegedly allowed his stay, and new scientific evidence on coastal dynamics that would disprove the intrusion into the public zone. The Chamber rejects all three arguments. On the first, it notes that the applicable procedural law (Law 3667) did not require SINAC's participation. On the second, it clarifies that the cited constitutional vote did not recognize any rights for the petitioner and that there is no right to equality in illegality. Regarding the third, it holds that the technical study presented is not a novel scientific method but a reinterpretation of previously available data. The review is denied, the suspension of the challenged judgment is lifted, and the petitioner is ordered to pay costs and damages.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "wildlife-law-7317" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1291068.json", "html_url": "/legal/doc/nexus-sen-1-0004-1291068", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1291068" }, { "id": "nexus-sen-1-0004-1291072", "citation": "Res. 00698-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal dismissed for technical defects in environmental closure case", "title_es": "Improcedencia de casación por defectos de técnica en caso de clausura ambiental", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses the cassation appeal filed by PRODECA S.A. against the judgment that rejected its claim for damages arising from the closure of its animal waste processing plant. The Court rejects the procedural grounds due to an improper mixing of substantive and procedural arguments, lack of clarity and precision in the formulation of grievances, and the inapplicability of the incongruity defect in a dismissive judgment. Regarding the substantive grounds, it dismisses the challenges of improper evidentiary assessment and omission of evidence because the appellant failed to comply with the required cassation technique: it did not individualize the impact of each piece of evidence on the judgment nor demonstrate how its correct assessment would have altered the decision. The Chamber confirms that the lower court correctly applied the rules of sound criticism in evaluating the body of evidence and that the administrative closure was based on multiple community complaints about foul odors, which justified the measure within the administrative discretion in matters of public health.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1291072.json", "html_url": "/legal/doc/nexus-sen-1-0004-1291072", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1291072" }, { "id": "nexus-sen-1-0004-1291079", "citation": "Res. 00745-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdictional Conflict over Usucapion Claim in Barra del Colorado National Wildlife Refuge", "title_es": "Conflicto de competencia sobre usucapión en Refugio Nacional de Vida Silvestre Barra del Colorado", "summary_en": "The First Chamber of the Supreme Court resolves a disagreement appeal in an agrarian usucapion (adverse possession) proceeding filed by Marco Tulio Calderón Badilla against JAPDEVA over a 1,327,150 m² property located entirely within the Barra del Colorado National Wildlife Refuge. The plaintiff claims immemorial possession with agricultural, agro-environmental, and agro-tourism activities, seeking a declaration of ownership by usucapion. The State intervened, arguing the land is public domain as State Natural Heritage under Articles 13 and 14 of the Forestry Law and Executive Decree 16358, and that the case belongs to the contentious-administrative jurisdiction. The Agrarian Court declined jurisdiction, but the Agrarian Tribunal rejected the declination. The First Chamber holds that the matter must be heard by the Contentious-Administrative and Civil Treasury Tribunal because the public-domain nature of the property and the public interest are at stake, applying Article 108 of the Biodiversity Law and Articles 1 and 2 of the Contentious-Administrative Procedure Code.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "biodiversity-law-7788" ], "date": "30/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1291079.json", "html_url": "/legal/doc/nexus-sen-1-0004-1291079", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1291079" }, { "id": "nexus-sen-1-0004-1291093", "citation": "Res. 00775-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Civil liability for construction works affecting property boundaries", "title_es": "Responsabilidad civil por obras de construcción que afectan colindancias", "summary_en": "The Supreme Court's First Chamber dismissed both parties' cassation appeals against a judgment that partially upheld damages claims by Inversiones Nicknat S.A. against Corporación Comercial El Lagar S.A. and Charq Estudio S.A. The defendants had built a retaining wall and drainage works on their property, altering the natural runoff of rainwater from the plaintiff's higher‑lying lot. The changes caused waterlogging, erosion, and instability of a cut slope in the common boundary, threatening the plaintiff’s land and a public road. The trial court did not find invasion or extraction of soil from the plaintiff's land, but held that intervening at the foot of the slope and blocking natural drainage caused actionable harm. The First Chamber rejected all challenges of incongruence, contradictory reasoning, and erroneous evidentiary assessment. It confirmed the joint and several liability of the defendants to construct retaining walls and restore natural drainage, grounding its decision in Articles 1045 and 1048 of the Costa Rican Civil Code.", "primary_topic_id": null, "topic_ids": [], "date": "02/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1291093.json", "html_url": "/legal/doc/nexus-sen-1-0004-1291093", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1291093" }, { "id": "nexus-sen-1-0004-1293134", "citation": "Res. 00837-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal dismissed: land titled within a national reserve constitutes State Natural Heritage", "title_es": "Rechazo de casación: inmueble titulado en reserva nacional constituye Patrimonio Natural del Estado", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses on the merits the cassation appeal filed by Palacios y Paraísos Tropicales La Selvita S.A. against the judgment that upheld the lesividad action brought by INDER concerning the land title granted to Marvin Porras Sánchez. The Court confirms that the property, originating from the Puriscal-Parrita Titling Program created by Executive Decree 3667-G under Law 7599 on Lands in National Reserves, is a demanial asset forming part of the State Natural Heritage under Articles 13, 14, and 15 of the Forestry Law 7575. It rejects the argument that alleged adverse possession for more than ten years could create private property rights over public domain land, which is inalienable and imprescriptible. The MINAE certificate submitted by the titleholder himself was sufficient to prove the public character of the land, and the defendant’s witness testimony could not override that technical finding. The Court also notes that the titling regulation used had been declared unconstitutional with retroactive effect, leaving the title without legal basis. Consequently, the absolute nullity of the titling act is upheld due to a defect in its motive, as it was issued despite a pre-existing legal impediment to transfer the property.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "22/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1293134.json", "html_url": "/legal/doc/nexus-sen-1-0004-1293134", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1293134" }, { "id": "nexus-sen-1-0004-1298493", "citation": "Res. 00881-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Titling in Settlement within Golfo Dulce Forest Reserve", "title_es": "Improcedencia de titulación en asentamiento dentro de Reserva Forestal Golfo Dulce", "summary_en": "The First Chamber of the Supreme Court hears a cassation appeal against a judgment of the Contentious-Administrative Court that dismissed the claim filed by Mario González González against INDER. The plaintiff sought a declaration that INDER had been remiss in not granting him a property title over lots in the Osa Settlement despite him having been declared an awardee, and claimed damages. The Chamber upholds the appealed decision. It finds that the plaintiff did not prove INDER's omission under the invoked board agreements, which were general and did not confer any subjective rights. Furthermore, the award never materialized because the plaintiff did not sign the deed nor pay the land price. The settlement lands are part of the State's Natural Heritage, which legally precludes INDER from titling public domain assets. The indemnity claim, being accessory, is also dismissed. The appeal is rejected with costs to the appellant.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "29/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1298493.json", "html_url": "/legal/doc/nexus-sen-1-0004-1298493", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1298493" }, { "id": "nexus-sen-1-0004-1298496", "citation": "Res. 00884-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Law 65 of 1888 does not affect pre-existing private properties", "title_es": "Ley 65 de 1888 no afecta fincas privadas preexistentes", "summary_en": "The First Chamber of the Supreme Court, by majority, overturned the lower court ruling that ordered the State to expropriate two private properties located within the zone declared inalienable by Decree-Law No. 65 of 1888. The majority held that this law only declared inalienable the lands of national or municipal ownership existing in 1888, not privately owned estates already registered before that date. The plaintiffs' properties, originating from segregations prior to 1888, were not affected by the declaration, and thus the State is not obliged to expropriate them. Constitutional ruling 2008-12109, which ordered the recovery of lands occupied by private individuals, only refers to public lands and not legitimately held private properties. The claim is dismissed, with no special order as to costs.", "primary_topic_id": null, "topic_ids": [], "date": "29/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1298496.json", "html_url": "/legal/doc/nexus-sen-1-0004-1298496", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1298496" }, { "id": "nexus-sen-1-0004-1298498", "citation": "Res. 00886-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Joint liability and duty to state reasons in public procurement", "title_es": "Responsabilidad solidaria y deber de fundamentación en contratación administrativa", "summary_en": "The First Chamber of the Supreme Court of Justice sets aside a lower court ruling that had held the State and the Administrative Board of a public school jointly liable for breach of a construction contract. The trial court failed to address a defense raised by the Board asserting that the contractor companies should share responsibility because they had a statutory duty to request suspension or termination of the contract once they learned about the existence of a wetland that prevented construction. The First Chamber holds that this omission constitutes a failure to state reasons, violating the right of defense and due process. Accordingly, it upholds the cassation appeal on procedural grounds and remands the case for a new judgment that fully considers the overlooked defense. Because of the annulment on procedural grounds, the Chamber declines to examine the remaining substantive grounds of both the Board and the State.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "29/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1298498.json", "html_url": "/legal/doc/nexus-sen-1-0004-1298498", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1298498" }, { "id": "nexus-sen-1-0004-1298510", "citation": "Res. 00898-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Exoneration of State from Costs for Sufficient Grounds to Litigate", "title_es": "Exoneración de costas al Estado por motivo suficiente para litigar", "summary_en": "The First Chamber of the Supreme Court of Justice reviews a cassation appeal filed by the State against a contentious-administrative court ruling that ordered it to pay both parties' costs. The case arose from the annulment of SINAC administrative acts that denied approval of subdivision plans for a property of Rosario Development Corporation, located within the Río Grande Protective Zone. The lower court partially granted the claim: it annulled SINAC's resolutions but denied the request to compel plan approval, as it exceeded jurisdictional competence. However, it ordered the State and SINAC to pay costs. The State appealed, arguing it had sufficient grounds to litigate, as its defense of lack of right was partially upheld regarding claim number five. The Chamber partially overturns the ruling, exempting the State from cost liability, finding that the litigation was necessary and the State was a partial victor. The annulment of the administrative acts is upheld.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1298510.json", "html_url": "/legal/doc/nexus-sen-1-0004-1298510", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1298510" }, { "id": "nexus-sen-1-0004-1298560", "citation": "Res. 00949-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Remand for lack of reasoning in lesividad case on border strip land", "title_es": "Reenvío por falta de fundamentación en lesividad sobre franja fronteriza", "summary_en": "The First Chamber of the Supreme Court reviews a cassation appeal by INDER challenging a trial court ruling that declared null a land transfer in the southern border strip and ordered its registration under State ownership. INDER argued incongruity and lack of reasoning, as it never requested registration under the State and the judgment did not explain why it bypassed the Institute’s administration. The Chamber upholds the appeal on the ground of insufficient reasoning, finding the judgment omitted legal and factual reasons for ordering the transfer to the State instead of INDER, which under the Land and Colonization Law is the residual administrator of such strip lands. The decision is vacated and remanded for a properly reasoned judgment.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "05/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1298560.json", "html_url": "/legal/doc/nexus-sen-1-0004-1298560", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1298560" }, { "id": "nexus-sen-1-0004-1298570", "citation": "Res. 00995-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal denied over state delay in Las Baulas Marine Park expropriations", "title_es": "Casación rechazada por demora estatal en expropiaciones del Parque Marino Las Baulas", "summary_en": "The First Chamber of the Supreme Court of Justice denies the cassation appeal filed by the State against the ruling of the Contentious-Administrative Court that ordered the Executive Branch to initiate expropriation proceedings for seven private properties within Las Baulas National Marine Park within three months. The Chamber confirms that the delay of over 33 years in completing the expropriations is unacceptable and constitutes binding precedent from the Constitutional Chamber (decision 2008-07549). Arguments of incongruity, lack of motivation, and error in evidentiary assessment are dismissed, noting that the ruling detailed the percentage of each property's area within the park and that the expropriation procedure will be governed by the Expropriation Law. Costs are imposed on the State. The decision underscores the State's obligation to compensate owners affected by the protected area's creation, without recognizing rights over maritime-terrestrial zone or State Natural Heritage land.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "12/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1298570.json", "html_url": "/legal/doc/nexus-sen-1-0004-1298570", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1298570" }, { "id": "nexus-sen-1-0004-1303480", "citation": "Res. 00984-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Specific performance of settlement agreement for structural damage to dwelling due to adjacent construction", "title_es": "Ejecución forzosa de transacción por daños estructurales en vivienda por construcción vecina", "summary_en": "The First Chamber of the Supreme Court of Justice hears the cassation appeal filed by Lindora Project Mil Ochocientos S.A. against the judgment that ordered it to pay for the demolition and new construction of the plaintiff CORPORACIÓN BL DIECIOCHO DE SANTA ANA S.A.'s house, due to damages caused by the construction of an adjacent shopping center. The plaintiff and defendant had entered into an extrajudicial settlement agreement and transaction in which the developer undertook to restore the dwelling to its pre-construction condition. However, the technical committee appointed to assess the damages failed to reach a consensus. The First Chamber finds that there was no culpable breach by the defendant, since the agreed mechanism proved ineffective, but that the plaintiff has the right to judicially demand performance of the agreement under article 693 of the Civil Code. After a detailed analysis of the evidence, particularly the report of the Housing and Construction Research Center of the Costa Rican Institute of Technology (ITC-CIVCO), the Chamber concludes that the dwelling did suffer structural damage caused by the defendant's construction, but that the need for demolition and new construction was not proven, as it was possible to recover its structural capacity through retrofitting works. Consequently, the Chamber partially overturns the appealed judgment and orders the specific performance of the agreement, requiring the defendant to pay for restoring the dwelling to an optimal condition, including a structural retrofitting study as recommended by the ITC-CIVCO, as well as expert reports and technical studies strictly necessary to determine the repairs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1303480.json", "html_url": "/legal/doc/nexus-sen-1-0004-1303480", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1303480" }, { "id": "nexus-sen-1-0004-1303482", "citation": "Res. 00986-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Legitimate possession of disputed land prevails over registration based on a void cadastral plan", "title_es": "Posesión legítima sobre terreno en disputa prevalece sobre inscripción registral basada en plano nulo", "summary_en": "The First Chamber of the Supreme Court resolves a cassation appeal in an ordinary agrarian proceeding concerning ownership and possession of a strip of land between the La Paz River and a public road. The original plaintiff, Noé Herrera Arredondo, filed a reivindicatory action alleging encroachment on his registered property; the defendant counterclaimed seeking nullity of the plaintiff's survey plan and recognition of his legitimate possession. The Appellate Agrarian Tribunal reversed the first-instance judgment, dismissed the plaintiff's claim, partially upheld the counterclaim, declared the plaintiff's plan void, recognized the defendant as legitimate possessor, and ordered the land registry to correct the plaintiff's property registration to exclude the disputed area, while maintaining the demolition order for unauthorized constructions within the river protection zone. The Chamber rejects all the appellant's grievances: there is no inconsistency because the tribunal ruled within the petitions; no contradiction in reasoning since the defendant's possessory legitimacy is based on antiquity, continuity, and origin, not on the constructions; the substantive arguments fail to address the core of the ruling; and the award of costs is upheld as good faith was not demonstrated. The appeal is dismissed, with costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "12/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1303482.json", "html_url": "/legal/doc/nexus-sen-1-0004-1303482", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1303482" }, { "id": "nexus-sen-1-0004-1309429", "citation": "Res. 01020-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Bank's Non-Liability for Green Lot Loan — Third-Party Act and Victim's Fault Defense", "title_es": "Ajenidad del banco en crédito para lote en verde — Eximente de hecho de un tercero y culpa de la víctima", "summary_en": "The First Chamber of the Supreme Court upheld the lower court's dismissal of a consumer's claim against Banco Nacional de Costa Rica. The plaintiff sought damages for a mortgage loan granted to purchase a 'green lot' in the Bariloche Real Condominium, whose development was never completed. He alleged collusion between bank employees and the developer, inflated appraisals, lack of construction progress supervision, and failure to disclose risks. The Court rejected all arguments because the consumer made his decision before any bank intervention, by signing a purchase option agreement with the developer in October 2009. It found that the loan solely financed the lot purchase, with no obligation on the bank to supervise pending works. No irregularities were proven in the plaintiff's specific loan, nor any causal link between the bank's conduct and the claimed damages. It applied the defenses of third-party act and victim's fault under Article 35 of the Consumer Protection Law, dismissing the cassation appeal with costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1309429.json", "html_url": "/legal/doc/nexus-sen-1-0004-1309429", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1309429" }, { "id": "nexus-sen-1-0004-1317129", "citation": "Res. 01125-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "State liability for damages from formaldehyde-containing hair product", "title_es": "Responsabilidad estatal por daños derivados de producto capilar con formaldehído", "summary_en": "The First Chamber of the Supreme Court rejects a cassation appeal against a lower court ruling that absolved the State and a company from compensating a hairstylist for alleged physical and moral damages caused by a hair straightening product containing formaldehyde. The plaintiff claimed loss of smell and taste after using the product Agi Max Kera X. The Chamber finds the appeal does not demonstrate a violation of substantive norms; the lower court had determined that neither the alleged damage (medical tests only showed rhinitis) nor the causal link was proven, since the specific product purchased was not identified, and improper use could not be ruled out. The Ministry of Health acted lawfully by investigating and banning the lot with excessive formaldehyde. The appeal is dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1317129.json", "html_url": "/legal/doc/nexus-sen-1-0004-1317129", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1317129" }, { "id": "nexus-sen-1-0004-1317135", "citation": "Res. 01131-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal against denial of construction permit", "title_es": "Recurso de casación contra denegatoria de permiso de construcción", "summary_en": "The First Chamber of the Supreme Court of Justice of Costa Rica, in a unanimous vote, denied the cassation appeal filed by Douglas Andrés Cordero Herrera against the judgment that dismissed his claim for damages against the Municipality of Poás. The plaintiff argued that the municipality's conduct, reflected in a communication stating that construction permit proceedings would not be advanced for two months, constituted a denial of a construction permit, preventing him from finalizing a purchase option and causing him economic and moral harm. The Chamber upheld the lower court's reasoning: there was no formal application for a construction permit, so there could be no denial. The communication only indicated a temporary pause to obtain technical advice, within the option period. Furthermore, the appeal lacked substantive legal grounds. The appellant was ordered to pay the costs of the appeal for lacking sufficient cause to challenge the decision.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1317135.json", "html_url": "/legal/doc/nexus-sen-1-0004-1317135", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1317135" }, { "id": "nexus-sen-1-0004-1323212", "citation": "Res. 01196-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of properties located within the Río Pacuare Protected Zone", "title_es": "Nulidad de inmuebles por encontrarse dentro de la Zona Protectora Río Pacuare", "summary_en": "The First Chamber of the Supreme Court of Justice resolved a cassation appeal filed by the State against a ruling of the Administrative Litigation Court that had dismissed the State's lawsuit. The lawsuit sought the absolute nullity of three properties registered in the name of a private individual (now his estate), arguing that the lands were located within the Río Pacuare Protected Zone, created by Executive Decree in 1986, and therefore formed part of the State's Natural Heritage, making their registration void. The lower court had based its rejection on the lack of sufficient technical evidence to prove the overlap of the properties with the protected area. The First Chamber reversed this decision by assessing an official communication from INDER which, with a topographical study, located the properties within the protected zone. Consequently, the lawsuit was upheld, decreeing the nullity of the registrations and the nullity of the sale of one of the lots, ordering eviction and the imposition of costs. The counterclaim of the private successor was dismissed, emphasizing that public domain assets are inalienable and imprescriptible, and that the principle of immatriculation operates without the need for registry inscription.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1323212.json", "html_url": "/legal/doc/nexus-sen-1-0004-1323212", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1323212" }, { "id": "nexus-sen-1-0004-1323700", "citation": "Res. 01235-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of municipal license for quarry in forest protection zone", "title_es": "Anulación de licencia municipal para cantera en zona de protección forestal", "summary_en": "The First Chamber of the Supreme Court hears cassation appeals against the judgment of the Contentious-Administrative Court, which annulled the municipal license granted to Hacienda San Rafael H.R.S. S.A. for “quarry” activity on a property located in a forest protection zone according to the La Unión Canton Regulatory Plan. The Chamber upholds the annulment for violation of the principle of non-derogability of norms, as the license was granted contrary to the Zoning Regulation (which only permits forestry, single-family dwellings, nurseries, and ecotourism) and the Urban Planning Law (incompatibility and lack of a municipal land-use certificate). The environmental viability and the mining concession are upheld, as SETENA and the Directorate of Geology and Mines acted lawfully. The costs order is modified: the plaintiff is ordered to pay costs to the State, and the co-defendant company is ordered to pay costs to the plaintiff. One justice dissents regarding the plaintiff’s liability for the State’s costs.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "environmental-law-7554" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1323700.json", "html_url": "/legal/doc/nexus-sen-1-0004-1323700", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1323700" }, { "id": "nexus-sen-1-0004-1337861", "citation": "Res. 01283-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of congruence does not cover disagreement with reasoning or evidentiary assessment", "title_es": "La incongruencia no abarca la disconformidad con la motivación o valoración probatoria", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses the cassation appeal filed by the plaintiff against a judgment that rejected a claim for non-contractual civil liability. The claim arose from an illegal hunting incident on the EARTH property, where the plaintiff was injured by gunfire from the security guards. The trial court found insufficient evidence to establish who fired the shot or to prove intent or negligence. In cassation, the Chamber examines six grievances: two on procedural grounds (lack of congruence and serious contradiction in the reasoning) and four on substantive grounds (pretermission of spontaneous confession, pretermission of a document, defective evaluation of circumstantial evidence, and erroneous interpretation of articles 1045 and 1048 of the Civil Code). The Chamber finds no lack of congruence because the court ruled according to the claims; the judgment is coherent; the evidence was not pretermitted but was given limited persuasive weight; the evaluation of circumstantial evidence respects sound criticism; and, given the undisturbed factual findings, there was no misinterpretation of substantive law. The appeal is dismissed and costs are awarded against the appellant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1337861.json", "html_url": "/legal/doc/nexus-sen-1-0004-1337861", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1337861" }, { "id": "nexus-sen-1-0004-1337952", "citation": "Res. 01376-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction over Possession Claims in the Northern Border Strip Declared a Wildlife Refuge", "title_es": "Competencia sobre posesión en Franja Fronteriza Norte declarada Refugio de Vida Silvestre", "summary_en": "The First Chamber of the Supreme Court resolves a jurisdictional conflict between the agrarian and the administrative-civil jurisdiction regarding an ordinary action for better right of possession. The plaintiffs claim possession of a 70-hectare pastureland located within the 2,000-meter Northern Border Strip, an area also declared as the Northern Border Corridor National Wildlife Refuge by Decree 22962. Both plaintiffs and defendant admit the location within the public domain zone. The Agrarian Court declined jurisdiction, holding that the lands are under SINAC’s oversight and have public domain status, but the Agrarian Tribunal rejected the declination, arguing that the property’s agrarian nature and the dispute between private parties suffice to maintain their material competence. The Attorney General’s Office contested that ruling. The First Chamber holds that competence lies with the Administrative-Contentious and Civil Treasury jurisdiction, because the lands are inalienable public domain assets not subject to private possession, where the state interest and protection of public patrimony prevail.", "primary_topic_id": null, "topic_ids": [], "date": "30/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1337952.json", "html_url": "/legal/doc/nexus-sen-1-0004-1337952", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1337952" }, { "id": "nexus-sen-1-0004-1341568", "citation": "Res. 01435-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of View Easement by Adverse Possession Against Legal Prohibitions", "title_es": "Improcedencia de servidumbre de vista por prescripción positiva contra prohibiciones legales", "summary_en": "The First Chamber of Costa Rica's Supreme Court rules on a cassation appeal filed by property owners against a lower court's dismissal of their lawsuit. The plaintiffs claimed a view, ventilation, and light easement allegedly acquired by adverse possession, and sought demolition of a dividing wall and removal of windows built by the defendant neighbor, whom they accused of encroaching on their land and blocking their 'infinite' view. The trial court rejected the claims, and the Chamber upholds the ruling. In its reasoning, the Chamber reaffirms the established case law that view or ventilation easements cannot be acquired by usucapion when the possession is based on acts that violate express legal prohibitions, such as those in articles 406 and 407 of the Civil Code, which are public policy norms and cannot be set aside by mere passage of time. It also finds no easement by agreement or last will, and rejects the request for removal of the neighbor's windows, as it was proven that she complied with municipal requirements by covering them and later building a wall. The Chamber denies the oral hearing and upholds the award of costs against the appellants.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "09/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1341568.json", "html_url": "/legal/doc/nexus-sen-1-0004-1341568", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1341568" }, { "id": "nexus-sen-1-0004-1341571", "citation": "Res. 01438-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Requests for Addition and Clarification Denied in Quarry and Municipal License Case", "title_es": "Solicitudes de adición y aclaración rechazadas en caso de tajo y licencia municipal", "summary_en": "The First Chamber of the Supreme Court of Justice rules on requests for addition and clarification filed by the Neighbors Association of Sierras de La Unión and the company Hacienda San Rafael H.R.S S.A., regarding prior judgment No. 001235-F-S1-2025. That judgment had partially upheld appeals, annulled municipal license No. 04-0717 for quarrying activities and related acts, and ordered environmental damage repair, among other measures. In this decision, the Chamber denies both requests. Regarding the plaintiff Association, it finds the ruling clear in leaving the lower court's decision intact except for costs, so there is no omission to add. As for Hacienda San Rafael, its request to clarify the quarry closure exceeds the scope of this motion, as it should have been raised before the court that issued the ruling. The Chamber stresses that addition and clarification are only available for the operative part and cannot be used to modify the decision.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1341571.json", "html_url": "/legal/doc/nexus-sen-1-0004-1341571", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1341571" }, { "id": "nexus-sen-1-0004-1341587", "citation": "Res. 01454-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Request for ruling supplementation denied as premature", "title_es": "Solicitud de adición de sentencia rechazada por prematura", "summary_en": "The First Chamber of the Supreme Court of Justice rules on a request for supplementation and clarification of its own judgment No. 1206-S1-25, which had annulled a ruling by the Administrative Court and remanded the case. The plaintiff requested that the judgment be supplemented to include a decision on procedural costs. The Chamber rejects the request, stating that supplementation and clarification are not appeals but a correction mechanism applicable only to obscure points or omissions in the operative part. Here, the judgment is clear and there was no omission: since the appeal was granted on formal grounds and the case was remanded without a final decision on the merits, it is not yet possible to identify the losing party for cost purposes. The imposition of costs is incidental to the outcome of the case and is only appropriate upon a final decision; therefore, a ruling on costs at this stage would be premature and is reserved for the definitive judgment of the trial court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1341587.json", "html_url": "/legal/doc/nexus-sen-1-0004-1341587", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1341587" }, { "id": "nexus-sen-1-0004-1342641", "citation": "Res. 01412-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal rejected for lack of clarity in arguments", "title_es": "Rechazo de casación por falta de claridad en alegatos", "summary_en": "The First Chamber of the Supreme Court of Justice reviews a cassation appeal filed by the defendant in an ordinary civil proceeding concerning a lease, which also involved environmental issues related to damage to a protected area and debris accumulation. The appellant alleged errors in the evaluation of evidence, incorrect legal characterization of the contract, and lack of support for the environmental damage award, among others. The Chamber dismisses the appeal outright, finding that it lacks the clarity, order, and precision required by the Civil Procedure Code, and fails to identify the grounds for cassation or the norms violated. One Justice dissents, criticizing excessive formalism and advocating for a review on the merits. Costs are imposed on the appellant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1342641.json", "html_url": "/legal/doc/nexus-sen-1-0004-1342641", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1342641" }, { "id": "nexus-sen-1-0004-1348508", "citation": "Res. 01599-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Injunction to suspend Naranjo River mining concession", "title_es": "Medida cautelar suspensión concesión minera Río Naranjo", "summary_en": "The First Chamber of the Supreme Court of Justice addresses a request for modification of a precautionary measure filed by the plaintiff in an ordinary proceeding against the State and the company Los Manantiales del Pacífico NYS S.A. The main case had already been decided at first instance by the Administrative and Civil Tax Court, which granted the claim, revoked the public domain watercourse concession over the Naranjo River for environmental violations, ordered a remedial plan, and maintained a prior injunction. In this context, the plaintiff sought the immediate suspension of extraction activities. The Chamber rules that the exceptional scenario allowing it to adopt precautionary measures is not met, since the request essentially entails a reassessment of the existing injunction that should be performed by the appellate court that originally heard the matter. Consequently, it remands the request to the Administrative and Civil Tax Court of Appeals for a prioritized decision.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1348508.json", "html_url": "/legal/doc/nexus-sen-1-0004-1348508", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1348508" }, { "id": "nexus-sen-1-0004-1350050", "citation": "Res. 01523-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest engineers may certify soil use conformity", "title_es": "Ingenieros forestales pueden certificar uso conforme del suelo", "summary_en": "The First Chamber of the Supreme Court of Justice upheld the partial annulment of Decree 30636-MAG and an INTA order that restricted forest engineers to issuing soil use conformity certificates only for forestry projects. The Chamber held that the regulatory restriction exceeded the provisions of the Soil Use, Management and Conservation Law (No. 7779) and its executive regulation, which merely require the certificate to be issued by a professional authorized by the College of Agronomists, without distinguishing between agronomists and forest engineers. The restriction also lacked adequate technical reasoning, violating the principle of objective environmental protection and the professionals' fundamental rights. The Chamber further held that the challenged regulation was autonomous, not executive, and therefore could not regulate fundamental rights. Arguments about forest engineers' lack of qualifications were rejected, and it was noted that other land uses—such as scrubland, fallow land, or green zones—do not justify the exclusion. The appeal was partially allowed only to reverse the costs award, while the rest of the judgment was confirmed.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779" ], "date": "23/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1350050.json", "html_url": "/legal/doc/nexus-sen-1-0004-1350050", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1350050" }, { "id": "nexus-sen-1-0004-1350573", "citation": "Res. 01719-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Competence conflict in possessory information: civil nature of urban lot without agricultural activity", "title_es": "Conflicto de competencia en información posesoria: naturaleza civil de lote urbano sin actividad agraria", "summary_en": "The First Chamber of the Supreme Court resolves a jurisdictional conflict between civil and agrarian courts in a possessory information proceeding. The plaintiff seeks registration of a 792 m² property classified as a house with a yard, with no cattle ranching, crops, forests or water sources, located outside protected areas. The Chamber holds that, absent any animal or vegetable production activity or related activities, agrarian jurisdiction is not justified under Articles 1 and 2 of the Agrarian Jurisdiction Law. It applies Article 18 of the Possessory Information Law, which assigns cognizance to civil courts. Territorial jurisdiction is granted to the Civil Court of Upala under the Civil Procedure Code. The matter is declared civil, upholding the agrarian court's rejection of jurisdiction.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1350573.json", "html_url": "/legal/doc/nexus-sen-1-0004-1350573", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1350573" }, { "id": "nexus-sen-1-0004-1360728", "citation": "Res. 01690-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of review against court-ordered municipal investigation", "title_es": "Rechazo de revisión por investigación municipal ordenada en sentencia", "summary_en": "The First Chamber of the Supreme Court of Justice flatly dismisses the review claim filed by the Mayor of Cartago against an earlier ruling by the same Chamber. That previous ruling upheld the trial court's order to investigate alleged irregularities in the approval of cadastral plans and construction permits issued in a sector of the canton since the regulatory plan came into effect, in order to protect the general urban and environmental interest. The mayor argued that the order unlawfully affected the rights of third parties not party to the proceedings and violated due process. The Chamber rejects these arguments: it notes that the order is limited to an investigation, not a concrete affectation of rights, and that the party was able to exercise its defense in cassation. It also dismisses the claim of retroactive application of norms, since the lot's segregation occurred after the regulatory plan was in force. The decision reiterates the exceptional power of judges to order ex officio measures to safeguard the public interest.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1360728.json", "html_url": "/legal/doc/nexus-sen-1-0004-1360728", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1360728" }, { "id": "nexus-sen-1-0004-1361306", "citation": "Res. 01841-2025 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Time limit for addition and clarification in contentious-administrative cassation", "title_es": "Plazo para adición y aclaración en casación contenciosa", "summary_en": "The First Chamber hears a cassation appeal against a judgment by the Contentious-Administrative Court that partially upheld a claim seeking the nullity of land-use certificates and business licenses issued by the Municipality of San José, together with moral damages. The co-defendants Juan Diego Rojas Alfaro and VS Autotrónica MB Ltda. appeal on procedural grounds, arguing that the trial court wrongly dismissed their request for addition and clarification as time-barred, despite it being filed within the three-business-day period following electronic service to all parties, as required by article 38 of the Judicial Notifications Law. The Chamber upholds this argument, finding that the filing was timely and that its improper rejection caused indefensión and violated due process. It therefore sets aside the ruling and remands the matter so that the court decides the addition and clarification on the merits, without prejudging the possibility of altering the substantive judgment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0004-1361306.json", "html_url": "/legal/doc/nexus-sen-1-0004-1361306", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1361306" }, { "id": "nexus-sen-1-0004-1363075", "citation": "Res. 00005-2026 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Duty to state reasons in administrative acts denying water availability", "title_es": "Deber de motivación del acto administrativo que deniega disponibilidad de agua potable", "summary_en": "The First Chamber of the Supreme Court of Justice rejects the cassation appeal filed by an individual against the Costa Rican Institute of Aqueducts and Sewers (AyA), which denied water and sewer availability for a single-family home project. The appellant argued that the denial lacked sufficient reasoning. The Chamber upholds the lower court’s dismissal of the claim for lack of right. It finds that the definitive act —the AyA General Manager’s resolution deciding the administrative appeal— adequately expanded on the factual and legal grounds. The Chamber holds that a superior authority, under Articles 102, 348 and 351 of the General Public Administration Act, may reform and complete the reasoning of a lower body’s decision when ruling on an appeal, without violating due process. It clarifies that the right to water is not absolute, as it is subject to technical and legal requirements. Finally, it affirms the imposition of costs on the losing party, finding no sufficient cause for litigation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "15/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0004-1363075.json", "html_url": "/legal/doc/nexus-sen-1-0004-1363075", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1363075" }, { "id": "nexus-sen-1-0004-1363115", "citation": "Res. 00028-2026 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Subjective moral damages denied for lack of nexus with the pleaded cause in amparo enforcement", "title_es": "Improcedencia de daño moral subjetivo por falta de nexo con la causa petendi en ejecución de amparo", "summary_en": "The First Chamber hears cassation appeals in the enforcement of a constitutional amparo ruling. The Constitutional Chamber had held the State and the Municipality of Desamparados liable for failing to coordinate a solution to contamination from rainwater and sewage flowing onto the claimant's property. In enforcement, the claimant sought material and moral damages. The trial court awarded subjective moral damages of 5 million colones, costs of the amparo and enforcement, but denied material damages. All parties appealed. The First Chamber partially upholds the appeals: dismisses the claimant's appeal for lack of clarity and failure to adequately challenge the denial of material damages. It grants the State's and Municipality's appeals, revoking the moral damages award because the claimant had based it on physical injury and frustrated business opportunities—facts she did not prove—whereas the trial judge granted them based on administrative delay, a ground not pleaded, violating the principle of congruence. It also annuls the expert fees as useless and adjusts the enforcement costs to the legal minimum given the limited economic success.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "15/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0004-1363115.json", "html_url": "/legal/doc/nexus-sen-1-0004-1363115", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1363115" }, { "id": "nexus-sen-1-0004-1366360", "citation": "Res. 00113-2026 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of municipal liability and INS coverage for landslide due to exclusion of risk and insufficient causal link", "title_es": "Determinación del nexo causal municipal en deslizamiento de tierra en Condominio Natalia — rechazo de cobertura del INS por falta de riesgo cubierto", "summary_en": "The First Chamber hears three cassation appeals against a judgment of the Contentious-Administrative Court arising from consolidated claims concerning a November 14, 2007 landslide at Condominio Natalia, Moravia, which rendered several homes uninhabitable. The trial court had ordered INS to pay Coverage C (landslide) under the “Hogar Seguro 2000” policy for four plaintiffs, while dismissing claims against the Municipality of Moravia and financial institutions, and rejecting one plaintiff’s suit on statute-of-limitations grounds. The Chamber, by majority, dismisses the plaintiffs’ appeals (Fallas and Zeledón), upholding the municipality’s exoneration for lack of causal link: the incident resulted from non-apparent construction defects (inadequate fill, poorly founded gabions, leaking storm drainage) and unauthorized connections by third parties—conditions not detectable through ordinary municipal oversight. However, it grants INS’s appeal, reversing the coverage rulings on two grounds: (1) expert evidence established that the homes were located less than twice the slope height from the talus (43.20 m), triggering the policy’s express talus-proximity exclusion, and (2) the loss was caused by inherent construction defects and third‑party acts rather than a chance natural peril. The judgment also confirms that no coverage extends to rent expenses, contents, or common areas, as none were specifically contracted. Magistrate Zamora’s dissenting vote would have upheld liability against INS, holding that bad faith on the part of the insurer’s brokers and the legitimate expectations of good-faith insureds prevent shifting the talus exclusion to consumers who were not adequately informed.", "primary_topic_id": null, "topic_ids": [], "date": "22/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0004-1366360.json", "html_url": "/legal/doc/nexus-sen-1-0004-1366360", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1366360" }, { "id": "nexus-sen-1-0004-1366362", "citation": "Res. 00116-2026 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial annulment of INVU eviction order and tacit exclusion", "title_es": "Nulidad parcial de orden de desalojo y exclusión tácita del INVU", "summary_en": "The First Chamber of the Supreme Court reviews an appeal against a ruling that had dismissed all claims by María Mayela Salazar Salazar against the National Institute of Housing and Urban Development (INVU). The plaintiff had possessed a lot in Guararí de Heredia since 1996 and challenged an eviction order and her tacit exclusion from the “El Faro” housing project. The Chamber upholds the rejection of claims for usucaption, direct adjudication, and determination of a purchase price, as no pre-adjudication contract or legal requirements were proven. However, it partially grants the appeal, finding serious flaws in the grounds and reasoning of the eviction and exclusion orders. It declares absolute nullity of the eviction and demolition order (C-PEP-620-2012) and partial nullity of the other two communications only insofar as they tacitly exclude the plaintiff from potential beneficiaries of the project. The INVU is ordered to refrain from acts that illegitimately disturb the public interest or the plaintiff’s legal situation as a potential beneficiary, acting with transparency, equality, and legality in any future designation. Costs are not imposed due to mutual defeat.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0004-1366362.json", "html_url": "/legal/doc/nexus-sen-1-0004-1366362", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1366362" }, { "id": "nexus-sen-1-0004-1367493", "citation": "Res. 00281-2026 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Damages for Non-Renewal of Shrimp Trawl License Following Unconstitutionality Ruling", "title_es": "Improcedencia de indemnización por no renovación de licencia de pesca de arrastre tras declaratoria de inconstitucionalidad", "summary_en": "The First Chamber of the Supreme Court reviews a cassation appeal filed by a fishing company and the estate of its partner against the ruling that dismissed their damages claim against INCOPESCA. The plaintiffs argued they should be compensated because their shrimp trawl license was not renewed after the legal basis for such licenses was declared unconstitutional due to severe environmental harm. The trial court dismissed the claim, finding no illegal act or omission by INCOPESCA; the supervening nullity of the norms did not entail administrative liability, and the vessel could not be adapted to sustainable fishing methods. The First Chamber upholds the ruling, holding that there was no breach of legitimate expectations because licenses are temporary and their renewal is contingent on environmental criteria. It rejects the procedural and substantive grievances, concluding that the alleged harm stemmed not from any administrative action or omission but from the inherent risk of the activity and the plaintiff's technical inability to meet sustainability requirements.", "primary_topic_id": null, "topic_ids": [], "date": "19/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0004-1367493.json", "html_url": "/legal/doc/nexus-sen-1-0004-1367493", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1367493" }, { "id": "nexus-sen-1-0004-1372334", "citation": "Res. 00332-2026 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of sale for hidden defects in river setback area", "title_es": "Anulación de compraventa por vicios ocultos en área de retiro de río", "summary_en": "The First Chamber of the Supreme Court hears a cassation appeal filed by Jürgen Henrich Antony against a judgment of the Contentious-Administrative Court that dismissed his claim for annulment of a condo purchase deed with Banco de Costa Rica. The plaintiff alleged hidden defects due to an ongoing administrative procedure before the Environmental Administrative Tribunal regarding constructions in the protected zone of the Puruses River, undercutting of walls, and risk of loss of common areas (ranch, multipurpose court, pool). The lower court held that the defects were not proven to be serious enough to vitiate consent, as the harm was speculative and the actual impact on common areas and on the buyer's will was unsubstantiated. On appeal, the Chamber upholds the ruling because the appellant failed to challenge the core reasoning of the judgment, merely repeating general arguments without specifically addressing the reasons for dismissal. The cassation appeal is denied, and costs are imposed on the plaintiff.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "water-law" ], "date": "12/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0004-1372334.json", "html_url": "/legal/doc/nexus-sen-1-0004-1372334", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1372334" }, { "id": "nexus-sen-1-0004-1380075", "citation": "Res. 00390-2026 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Declination of agrarian jurisdiction in condominium dispute", "title_es": "Declinatoria de competencia agraria en controversia de condominio", "summary_en": "The First Chamber resolves a conflict of jurisdiction between a Civil Court and an Agrarian Court, arising in a summary condominium dispute proceeding filed by a homeowners' association against a limited liability company owner of a lot in the Ladera del Mar residential area. The Civil Court had declared itself incompetent on subject matter grounds, arguing that non-compliance with the building regulation could affect local biodiversity and that, pursuant to Article 282 of the Agrarian Procedure Code, jurisdiction lay with the agrarian courts. The Chamber rejects that reasoning. It concludes that the claim does not concern animal or plant production activities or related acts, making it a civil matter. Additionally, since the lawsuit was filed before the new Agrarian Procedure Code took effect, the prior procedural regime applies, which restricted agrarian jurisdiction to matters defined in Articles 1 and 2 of the Agrarian Jurisdiction Law. Consequently, it holds that the Civil Court of Santa Cruz has jurisdiction.", "primary_topic_id": null, "topic_ids": [], "date": "26/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0004-1380075.json", "html_url": "/legal/doc/nexus-sen-1-0004-1380075", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1380075" }, { "id": "nexus-sen-1-0004-1381153", "citation": "Res. 00519-2026 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Expropriation and compensation denied for AyA restrictions in Moín-Limón aquifer protection zone", "title_es": "Improcedencia de expropiación e indemnización por restricciones del AyA en zona de protección del acuífero Moín-Limón", "summary_en": "The First Chamber rejects the appeals of the plaintiffs and interested third parties against the ruling that dismissed the claim. The case concerned the legality of AyA Board agreements 2007-177 and 2011-112, which established land-use restrictions in zone 6 of the Moín-Limón aquifer, where the plaintiffs' property is located. The lower court upheld the agreements as lawful, based on technical studies and AyA's legal authority to protect water resources. It also found no proof that the property rights were emptied of content or that any specific damage resulted from the application of the agreements, since the 2011 agreement relaxed the restrictions and no evidence was presented that any development request had been denied. Only the State's appeal is partially upheld, imposing costs on the plaintiffs in favor of the State, as there was no sufficient reason to litigate against it.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "16/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0004-1381153.json", "html_url": "/legal/doc/nexus-sen-1-0004-1381153", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1381153" }, { "id": "nexus-sen-1-0004-1381190", "citation": "Res. 00572-2026 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction in summary tree-felling proceeding on municipal land", "title_es": "Competencia en proceso sumario de derribo de árbol en terreno municipal", "summary_en": "The First Chamber of the Supreme Court resolves a jurisdictional conflict in a summary tree-felling proceeding. The plaintiff, a resident of Santa María de Dota, petitioned the Agrarian Court of Cartago to order the Municipality of Dota to cut or prune three willow trees on municipal land designated for a future children's park, claiming imminent danger due to their tilt, height, and dry condition. The Agrarian Court declared itself incompetent ratione materiae and referred the case to the Civil Court, holding that the property's nature (land for construction) dictated civil jurisdiction. The plaintiff appealed, arguing that trees are natural resources and jurisdiction belonged to the agrarian courts under the Biodiversity Law. The First Chamber, applying the new Agrarian Procedural Code (in force since 02/28/2025), rules that since the case involves municipal land of public interest, it must be heard by the Contentious-Administrative Jurisdiction, specifically the Contentious-Administrative and Civil Treasury Court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0004-1381190.json", "html_url": "/legal/doc/nexus-sen-1-0004-1381190", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-1381190" }, { "id": "nexus-sen-1-0004-764434", "citation": "Res. 00040-2007 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Assessment of Witness Evidence in Appeal on Illegal Software Use", "title_es": "Valoración de prueba testimonial en casación por uso ilegal de programas informáticos", "summary_en": "The First Chamber of the Supreme Court of Justice rules on a cassation appeal filed by the defendant company in an abbreviated civil proceeding for illegal use of computer software. The appellant alleged indirect violation of law due to errors of fact and law, arguing that the appellate court assessed as legitimate a witness testimony obtained through deception, thereby contaminating the expert and judicial inspection evidence. The Chamber dismissed the appeal, reaffirming the principles of rational sound criticism, joint assessment of evidence, and distribution of the burden of proof. It found that the testimony was never challenged as false and that the other evidence was independent and sufficient to prove the illicit use. It rejected the claim of unconstitutionality of the abbreviated procedure, noting it does not violate due process as it allows broad defense opportunities. The ruling for damages, interest and costs was confirmed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0004-764434.json", "html_url": "/legal/doc/nexus-sen-1-0004-764434", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-764434" }, { "id": "nexus-sen-1-0004-764682", "citation": "Res. 00675-2007 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Standing to claim collective environmental damages in amparo enforcement", "title_es": "Legitimación para reclamar daño ambiental colectivo en ejecución de amparo", "summary_en": "The First Chamber of the Supreme Court partially overturns the Administrative Court's decision that had granted two environmental associations (ACORACI and ASAMARS) standing to enforce an abstract condemnation issued by the Constitutional Chamber in an amparo for pollution of the Siquiares River. The Chamber distinguishes between the broad standing to file an environmental amparo (Article 50 of the Constitution) and the restricted standing to enforce the judgment, which belongs only to those who were parties in the constitutional process. While it rejects the associations' entitlement to receive compensation, it upholds the joint and several liability of the State and Dos Pinos Cooperative for pure environmental damage. It orders that the amounts for collective environmental damage ($27,665 and ¢5 million) be deposited into a State Single Treasury account under MINAE's name, to be used exclusively for restoration projects on the Siquiares River. It also quashes the injunctive relief imposed on the Cooperative and the Ministry of Health, as exceeding the scope of judgment enforcement. The ruling establishes criteria on the nature of collective environmental damage, the priority of in natura restoration, and the public character of compensatory funds.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "21/09/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0004-764682.json", "html_url": "/legal/doc/nexus-sen-1-0004-764682", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-764682" }, { "id": "nexus-sen-1-0004-765317", "citation": "Res. 00199-2010 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Validity of MINAE administrative precautionary measure in spring protection area", "title_es": "Validez de medida cautelar administrativa del MINAE en área de protección de naciente", "summary_en": "The First Chamber annuls a precautionary measure ordered by MINAE to halt construction works in a housing development due to encroachment on a spring protection area. The measure had conditioned its effects on the final decision of the Environmental Administrative Tribunal, which declared itself incompetent and no administrative procedure was ever initiated. The Court rules that, absent a principal procedure to serve, the measure violates the principles of instrumentality and temporariness that govern precautionary measures in administrative proceedings, and therefore must lapse. Nonetheless, it clarifies that regardless of the annulment, both the plaintiffs and MINAE as well as any other competent institution have a legal duty to prevent any action that may negatively affect a spring. The claim for damages is dismissed for lack of proof.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "04/02/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0004-765317.json", "html_url": "/legal/doc/nexus-sen-1-0004-765317", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-765317" }, { "id": "nexus-sen-1-0004-766710", "citation": "Res. 01088-2011 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullification of illegal transfer of forest-covered land forming part of the State’s natural heritage", "title_es": "Nulidad de traspaso ilegal de bien cubierto de bosque que es patrimonio natural del Estado", "summary_en": "The First Chamber of the Supreme Court upholds the ruling of the Administrative Court, which declared with merit the claim filed by the Comptroller General of the Republic. The Chamber nullified the resolution of the Board of Directors of the Agrarian Development Institute (IDA), the public deed of transfer, and the corresponding registry entry, through which a forest-covered property that is part of the State’s natural heritage was illegally transferred to a private individual. The Court holds that under Article 13 of the Forestry Law, a property covered by forest and belonging to the State or its institutions is part of the State’s natural heritage, regardless of whether it lies within a protected area or has been declared inalienable. The land is declared unseizable, inalienable, and imprescriptible, with no rights accruing to private possessors. The Court orders the transfer of the farm to MINAET, the eviction of the occupant, and costs against the IDA.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "08/08/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0004-766710.json", "html_url": "/legal/doc/nexus-sen-1-0004-766710", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-766710" }, { "id": "nexus-sen-1-0004-767456", "citation": "Res. 00858-2012 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Protection of intermittent springs and administrative precautionary measures", "title_es": "Protección de nacientes intermitentes y medida cautelar administrativa", "summary_en": "The First Chamber of the Supreme Court dismissed the cassation appeal filed by a landowner challenging a precautionary measure imposed by the Environmental Administrative Tribunal (TAA) that forbade construction within the 60-meter protection zone around three intermittent springs on his property, part of the Mi Hogar housing development. The appellant argued that the Water Law does not protect intermittent springs and that the measure, after five years without a final decision, had lost its provisional character. The Chamber held that Article 149 of the Water Law prohibits the destruction of trees within that zone without distinguishing between permanent and intermittent springs, as it constitutes a public-interest limitation stemming from the constitutional right to a healthy environment (Articles 45 and 50 of the Constitution). Regarding provisional character, the TAA's delay in resolving the administrative complaint does not alter the temporary nature of the measure, which remains in force only until the final act is issued. Costs were imposed on the losing party.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "20/07/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0004-767456.json", "html_url": "/legal/doc/nexus-sen-1-0004-767456", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-767456" }, { "id": "nexus-sen-1-0004-767866", "citation": "Res. 01675-2012 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "IDA titling in forested area void as it is a public forest domain", "title_es": "Titulación del IDA en zona boscosa es nula por ser bien demanial forestal", "summary_en": "The First Chamber upheld the nullity of a title granted by the Agrarian Development Institute (IDA) to a private individual over 45 hectares in Limón. The land, forested since at least 1960, is part of the State's natural patrimony and constitutes inalienable, imprescriptible public domain. The court found that the IDA was never authorized to issue titles in forested areas, as the Land Titling Law and the executive decree that transferred lands from the State to the ITCO expressly prohibited it. Furthermore, the regulation used to process the title (RTRN) was declared unconstitutional, rendering the administrative acts absolutely void. The private possessor acquired no rights, and the State's action to reclaim the land is imprescriptible. The IDA board agreement, public deed, and registration were annulled, and the eviction and registration of the property as State natural patrimony were ordered. The defendant's counterclaim for improvements and damages was dismissed for lack of standing.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "13/12/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0004-767866.json", "html_url": "/legal/doc/nexus-sen-1-0004-767866", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-767866" }, { "id": "nexus-sen-1-0004-768177", "citation": "Res. 00799-2013 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Public-domain nature of mangrove-affected lot — lesividad not time-barred", "title_es": "Naturaleza demanial de predio con manglar y entrada de marea — lesividad imprescriptible", "summary_en": "The First Chamber of the Supreme Court of Justice overturned a lower court decision that had dismissed the IDA's lesividad claim on grounds of statute of limitations. The dispute involved two lots transferred by the IDA to the environmental association APROAMBIDA in 1995. The Chamber held that Lot 11-1, based on transferred evidence (including reports from the Comptroller General and MINAE), contained mangrove areas and was subject to tidal ingress, thus forming part of the public maritime-terrestrial zone. As a public-domain asset, the lesividad action is not subject to any time bar. Consequently, the statute-of-limitations defense was rejected and the case was remanded for further proceedings on the merits. The Chamber emphasized that Lot 9 lacked similar proof of public-domain status, so the ruling does not extend to that parcel. The decision reinforces that mangrove-affected coastal lands are inalienable and imprescriptible, and any transfer of such land can be challenged without time limits.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "25/06/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0004-768177.json", "html_url": "/legal/doc/nexus-sen-1-0004-768177", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-768177" }, { "id": "nexus-sen-1-0004-876348", "citation": "Res. 00102-2001 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Liability for aerial spraying and environmental damage", "title_es": "Responsabilidad por fumigación aérea y daño ambiental", "summary_en": "The First Chamber of the Supreme Court hears an appeal on civil liability for crop and environmental damage caused by aerial pesticide spraying. Three farmers sued Derivados del Maíz S.A. and Aviación Agrícola S.A. for total loss of their crops and contamination of the Río Piedras buffer zone. The Agrarian Tribunal had ordered Derivados del Maíz to pay damages, including environmental harm, and banned it from further aerial spraying in the area. The Chamber reviews the evidence and finds that it was not proven that the rice field belonged to Derivados del Maíz or that it contracted the spraying. Because the causal agent was not identified, the Chamber reverses the second-instance judgment and affirms the trial court’s dismissal. In its reasoning, however, the Chamber elaborates on objective environmental liability, the burden of proof, the reversal of that burden, and the mandatory nature of aerial pesticide regulations.", "primary_topic_id": null, "topic_ids": [], "date": "26/01/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0004-876348.json", "html_url": "/legal/doc/nexus-sen-1-0004-876348", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-876348" }, { "id": "nexus-sen-1-0004-952477", "citation": "Res. 00130-2017 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Affirmation of civil jurisdiction over notarial deed annulment", "title_es": "Confirmación de competencia civil para nulidad de escritura notarial", "summary_en": "The First Chamber of the Supreme Court of Justice resolves a consultation on subject-matter jurisdiction referred by the Second Civil Court of San José, which had recused itself from an appeal against a ruling by the Santa Cruz Civil Court. The plaintiff, Olman Dinarte Gutiérrez, filed an ordinary lawsuit against Jeannina Abarca Gutiérrez, Raymundo Vallejos Arrieta, Jenner Alfaro Fernández, and Servicios Múltiples de Seguridad JAV S.A., seeking annulment of notarial deed number 73 together with associated damages. The co-defendants raised a preliminary exception of lack of subject-matter competence, arguing the matter should be heard by a notarial court focused on notarial negligence. The trial court rejected the exception; the defendants appealed, and the conflict was elevated to the Chamber. The First Chamber holds that the claims do not seek disciplinary sanctions against the notary but rather the annulment of a legal act and civil damages, so the applicable regime is strictly civil. It concludes that the civil jurisdiction is the proper forum to examine the validity and efficacy of the public instrument and the claimed compensatory effects, and therefore confirms the trial court’s ruling and orders that the proceedings continue in that venue.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/02/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0004-952477.json", "html_url": "/legal/doc/nexus-sen-1-0004-952477", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-952477" }, { "id": "nexus-sen-1-0004-961904", "citation": "Res. 00006-2020 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Withdrawal of cassation appeal in ordinary proceeding", "title_es": "Desistimiento del recurso de casación en proceso ordinario", "summary_en": "The First Chamber of the Supreme Court of Justice accepts the withdrawal of the cassation appeal filed by the general attorney of the defendant corporation in an ordinary administrative litigation proceeding (case 17-000115-0180-CI). The resolution applies Article 65.8 of the Civil Procedure Code, by express referral of Article 220 of the Contentious Administrative Procedure Code, to deem the appeal withdrawn and return the case file to the originating office. No substantive issues are addressed and no environmental matters are mentioned; the decision is purely procedural.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/01/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0004-961904.json", "html_url": "/legal/doc/nexus-sen-1-0004-961904", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-961904" }, { "id": "nexus-sen-1-0004-972109", "citation": "Res. 02755-2019 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Computation of the limitation period in land assignment contracts", "title_es": "Cómputo del plazo de limitaciones en contratos de asignación de tierras", "summary_en": "The First Chamber reviews a cassation appeal by a parcel holder against a ruling that revoked his land assignment contract for breach of limitations under the Land and Colonization Law. The central issue is whether the 15-year limitation period runs from the original assignment or from the authorized transfer to a new beneficiary. The majority holds that the period begins with the administrative act awarding the parcel to each beneficiary, not from the public deed or inherited from the prior holder. Thus, when the parcel was partially leased without authorization, the limitations were still in force, justifying the revocation of the assignment and nullity of title. The dissenting vote argues that the special ownership had already consolidated and that the limitation period cannot restart with each transfer.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "19/09/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0004-972109.json", "html_url": "/legal/doc/nexus-sen-1-0004-972109", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-972109" }, { "id": "nexus-sen-1-0004-980878", "citation": "Res. 00028-2020 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Tax nature of employer-employee contributions to the CCSS", "title_es": "Naturaleza tributaria de las cuotas obrero-patronales a la CCSS", "summary_en": "The First Chamber of the Supreme Court of Justice heard a cassation appeal filed by the Costa Rican Social Security Fund (CCSS) against a ruling by the Administrative Court. The case involved a challenge to several administrative acts issued by the CCSS, which determined omissions and underreporting in a real estate developer's payroll reports, as well as the subsequent signing of a payment agreement. The CCSS argued, among other grounds, that the nullity action was time-barred, asserting that the applicable period was one year from the notification of the act that exhausted the administrative procedure, under article 39 of the Administrative Procedure Code. The lower court had rejected that defense, holding that employer-employee contributions constitute a tax obligation and thus the statute of limitations was governed by the Tax Code. The First Chamber upheld the lower court's reasoning, dismissing the cassation appeal. It reaffirmed that, according to Constitutional Chamber case law, social security contributions are parafiscal contributions of a tax nature, created directly by the Political Constitution. Therefore, the period for challenging acts determining such contributions is that provided in article 41(2) of the Administrative Procedure Code, which refers to the limitation period established in the Tax Code, not the generic one-year period of article 39. Since the complaint was served within that three-year period, the action was not time-barred.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/01/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0004-980878.json", "html_url": "/legal/doc/nexus-sen-1-0004-980878", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-980878" }, { "id": "nexus-sen-1-0004-991026", "citation": "Res. 00941-2019 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mandatory joinder of the State in nullity of title over maritime-terrestrial zone", "title_es": "Litisconsorcio pasivo necesario del Estado en nulidad de título sobre zona marítimo terrestre", "summary_en": "The First Chamber of the Supreme Court reviewed a cassation appeal against a judgment that declared the absolute nullity of the titling, registration, and segregations of a farm in Guanacaste, for including maritime-terrestrial zone (ZMT) and mangrove areas. The plaintiff, an environmental association, sought nullity of the title granted by ITCO in 1972 and subsequent sales. The Chamber annulled the judgment due to insurmountable procedural defects: the State was not joined as a necessary passive litigant, since the disputed property includes public domain goods owned by the State, and several subsequent purchasers of segregated lots were omitted, who should have been summoned as defendants. The Chamber ordered the case to be remanded to the trial court to join these parties and serve them with the complaint, without ruling on the merits. The decision emphasizes that the State holds title to the ZMT as national heritage and must participate in any proceeding affecting such assets, not as an intervener but as a defendant.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "27/06/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0004-991026.json", "html_url": "/legal/doc/nexus-sen-1-0004-991026", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0004-991026" }, { "id": "nexus-sen-1-0005-1073333", "citation": "Res. 00277-2022 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Justified dismissal for unproven environmental complaints", "title_es": "Despido justificado por denuncias ambientales no probadas", "summary_en": "The Second Chamber of the Supreme Court confirmed the dismissal without employer liability of a machinist from Naviera Tambor S.A., who worked 12-hour shifts as a seafarer. The employee was dismissed after making public complaints, including on social media, accusing the company of polluting the sea by dumping untreated wastewater and forcing workers to clean tanks without protective equipment. The Chamber found these accusations unproven, as the company held discharge permits from the Water Directorate of MINAE, and a health report confirmed compliance with legal parameters. Witness testimony was contradictory and did not substantiate the alleged misconduct. The ruling held that false complaints breached the duty of loyalty and trust, justifying dismissal under Article 81(a), (j), (l) and Article 71(b) of the Labor Code. The claim for overtime was also denied because the 12-hour shift is the standard workday for seafarers under Article 143 of the Labor Code, and no agreement on meal provision was proven.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0005-1073333.json", "html_url": "/legal/doc/nexus-sen-1-0005-1073333", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1073333" }, { "id": "nexus-sen-1-0005-1125424", "citation": "Res. 03002-2022 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of police risk pay to SINAC park rangers", "title_es": "Denegatoria de plus por riesgo policial a guardaparques del SINAC", "summary_en": "The Second Chamber of the Supreme Court of Justice rules on a cassation appeal in an ordinary labor proceeding brought by a SINAC security officer (park ranger) against the State, claiming payment of the police risk salary supplement. The majority confirms the lower court decision dismissing the claim, holding that although the Forestry Law (Art. 54), the National Parks Service Law (Art. 9), and the Wildlife Conservation Law (Art. 16) grant park rangers police authority status, this authority is limited to reporting and denouncing violations—mere collaborative duties—and not the substantive police functions performed by Public Force bodies. The majority considers that, despite the danger faced, the ranger's duties (control and protection of natural resources, installation surveillance, patrols, etc.) do not reach the level of dangerousness inherent to police functions and thus do not meet the requirements of Article 91 of the General Police Law. The procedural challenges are also dismissed (failure to timely oppose the 'pure law' declaration), and the cost exemption for the good-faith plaintiff is upheld. Judges Varela Araya and Pereira Retana dissent, applying the principle of wage equality and granting the supplement on the grounds that actual exposure to risk justifies recognition.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "wildlife-law-7317" ], "date": "26/10/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0005-1125424.json", "html_url": "/legal/doc/nexus-sen-1-0005-1125424", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1125424" }, { "id": "nexus-sen-1-0005-1138233", "citation": "Res. 00117-2023 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Police hazard pay does not apply to park rangers", "title_es": "Riesgo policial no aplica a guardaparques", "summary_en": "The Second Chamber of the Supreme Court of Justice, by majority vote, denied the police hazard pay to a SINAC security officer serving as a park ranger. The plaintiff argued that his duties of prevention, control, and protection of natural resources involved police functions and exposure to dangers comparable to those of security forces. After analyzing the General Police Law and its regulations, as well as the special laws that grant park rangers police authority status, the Chamber concluded that such authority is limited to reporting violations and seizing items, and is not comparable to the core functions of the Public Force, such as maintaining public order or repressing crime. The court also rejected the argument of due process violation due to the case being decided as a pure question of law, and upheld the waiver of costs for the worker for having litigated in good faith. Magistrate Pereira Retana dissented, arguing that park rangers do perform substantive police functions and are exposed to real risks, so the hazard pay should have been granted based on the principle of salary equality.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0005-1138233.json", "html_url": "/legal/doc/nexus-sen-1-0005-1138233", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1138233" }, { "id": "nexus-sen-1-0005-1139788", "citation": "Res. 00035-2023 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Police risk pay does not apply to SINAC officials", "title_es": "Riesgo policial no procede para funcionarios del SINAC", "summary_en": "The Second Chamber of the Supreme Court reviews whether a SINAC technician is entitled to police risk pay. The majority dismisses the cassation appeal, upholding the denial of the benefit. It holds that although the Forestry Law and other statutes grant SINAC officials police authority to report and seize, their functions are not equivalent to those of a police officer in the Public Force, which are the only ones that trigger the pay supplement under the General Police Law and its regulation. The worker's duties are described as mixed (office and field), but do not expose him to the permanent and constant risk that justifies the bonus. A dissenting opinion by two judges argues that SINAC officials do face risks to their physical integrity comparable to those of police officers and that denying them the pay violates the principle of salary equality, based on the nature of their tasks—such as detentions and seizures—performed under police authority granted by special laws.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0005-1139788.json", "html_url": "/legal/doc/nexus-sen-1-0005-1139788", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1139788" }, { "id": "nexus-sen-1-0005-1141204", "citation": "Res. 00031-2023 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of police-risk pay to park rangers", "title_es": "Denegatoria del plus de riesgo policial a guardaparques", "summary_en": "The Second Chamber of the Supreme Court, by majority, rejects the plaintiff's appeal—a SINAC park ranger claiming police-risk pay. It analyzes whether park ranger duties fit the 'police risk' concept under the General Police Law and environmental statutes. The majority holds that their functions cannot be equated with police forces, as the degree of danger is not the same. The laws grant them police authority but limit their duties to reporting and denouncing violations, which is mere collaboration, distinct from the full police function of maintaining public order and citizen security. Thus, the pay is denied. A dissenting vote argues the opposite: that they do have the right, because the laws expose them to real risks to their physical integrity when detaining, seizing, and confronting crime, and the pay should be based on actual risk exposure, not job classification.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0005-1141204.json", "html_url": "/legal/doc/nexus-sen-1-0005-1141204", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1141204" }, { "id": "nexus-sen-1-0005-1142984", "citation": "Res. 00071-2023 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Police-risk pay does not apply to park rangers in tourism roles", "title_es": "Improcedencia del riesgo policial para guardaparques-operadores turísticos", "summary_en": "The Second Chamber of the Supreme Court dismissed two cassation appeals against a labor judgment that denied police-risk pay to a SINAC tourism operator at Tortuguero National Park. The plaintiff argued that his duties—control, prevention, and protection of natural resources, including detentions and reporting offenses—entailed risk comparable to police work. The Chamber upheld the lower court: although the Forestry Law, National Parks Law, and Wildlife Law grant park rangers police authority to report infractions, their powers are limited to cooperation with competent authorities and do not constitute police functions as defined by the General Police Law and its regulations. The plaintiff's duties focused on the Sustainable Tourism Program (visitor control, surveys, training, deposits), lacking the requisite degree of danger and formal investiture. Additional evidence and procedural claims were rejected. Costs were waived for the plaintiff due to good-faith litigation, given a reasonable interpretation of the special environmental statutes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0005-1142984.json", "html_url": "/legal/doc/nexus-sen-1-0005-1142984", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1142984" }, { "id": "nexus-sen-1-0005-1235080", "citation": "Res. 00854-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipal restructuring does not require a disciplinary administrative procedure", "title_es": "Reestructuración municipal no requiere procedimiento administrativo sancionatorio", "summary_en": "The Second Chamber of the Supreme Court of Justice rejected the cassation appeal filed by an environmental educator from the Municipality of San José, who was dismissed as part of an administrative restructuring process prompted by a drop in revenues during the COVID-19 pandemic. The plaintiff alleged a violation of due process, lack of technical studies, discrimination, and failure to follow the procedure under Article 308 of the General Public Administration Law. The Chamber upheld the trial court's decision, finding that the municipality's documentary evidence was valid and showed compliance with the requirements: the reorganization plan affected 75% of departments (equivalent to 94% of positions), technical studies were conducted, and the dismissal was based on Article 155(b) of the Municipal Code and Article 16 of the Collective Agreement. The Chamber clarified that Articles 308 of the LGAP and 159 of the Municipal Code govern disciplinary proceedings, not restructuring processes for economic reasons. It also dismissed procedural objections due to preclusion and the plaintiff's express waiver of requesting certified evidence.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1235080.json", "html_url": "/legal/doc/nexus-sen-1-0005-1235080", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1235080" }, { "id": "nexus-sen-1-0005-1235230", "citation": "Res. 01106-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Recognition of high-risk operations salary bonus for border police", "title_es": "Reconocimiento del plus salarial por operaciones de alto riesgo a policías de fronteras", "summary_en": "The Second Chamber of the Supreme Court of Justice resolves a cassation appeal filed by the State against a judgment that ordered the Ministry of Public Security to pay a border police officer the 'High-Risk Operations' salary bonus. The plaintiff, a border police officer since 2012, claimed the bonus paid to members of the Civil Guard and Rural Assistance Guard, arguing he performed equivalent police functions under Articles 21 and 22 of the General Police Law. The State argued violation of legality and budgetary legality principles, claiming funds were unbudgeted and the officer's position code not included. The Chamber rejects the appeal, upholds the cost order, and reiterates its jurisprudence: the bonus is granted to any officer performing high-risk functions equivalent to those of these police bodies, with the principle of wage equality prevailing over internal budgetary constraints. The ruling reinforces that courts are not bound to apply provisions that create unsupported wage inequality, in protection of labor human rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1235230.json", "html_url": "/legal/doc/nexus-sen-1-0005-1235230", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1235230" }, { "id": "nexus-sen-1-0005-1238714", "citation": "Res. 00902-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Confirmation of employment relationship in hospital garment maquila", "title_es": "Confirmación de relación laboral en maquila de ropa hospitalaria", "summary_en": "Sala Segunda confirmed the judgment partially granting the labor claim of a group of female workers who sewed hospital garments for the Costa Rican Social Security Fund (CCSS). The plaintiffs worked under an agreement between CCSS and the National Foundation of 4-S Clubs (FUNAC 4-S), organized in associations and cooperatives. The State argued that the relationship was commercial, not employment, and that FUNAC 4-S contracted with legal entities, not individual workers. The Court rejected those arguments and ratified the existence of an employment relationship, based on the elements of personal service, wages, and subordination. It held that FUNAC 4-S imposed the association requirement as a condition to access work and acted as an intermediary, thus maintaining joint liability with CCSS. It confirmed the payment of severance, notice, vacation, and annual bonus, and rejected the exceptions of statute of limitations and exemption from costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1238714.json", "html_url": "/legal/doc/nexus-sen-1-0005-1238714", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1238714" }, { "id": "nexus-sen-1-0005-1240732", "citation": "Res. 01560-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Retroactive modification of exclusive dedication percentage violates worker's rights", "title_es": "Modificación retroactiva del porcentaje de dedicación exclusiva vulnera derechos del trabajador", "summary_en": "The Second Chamber of the Supreme Court of Justice, by majority, annuls the lower court ruling and partially grants the claim of an environmental manager from the Municipality of Turrubares. The worker had agreed in 2015 to an exclusive dedication contract with a 50% salary bonus. The Municipality later amended its regulation, reducing the percentage to 30%, and made him sign a new contract in 2016, retroactively applying the reform. The Chamber finds that the Administration violated the principle of intangibility of its own acts, legal certainty, and the non-retroactivity of norms, since the original contract created a subjective right that could not be retroactively altered. It orders payment of the 20% difference, differences in bonuses, interest, costs, and social security contributions. Moral damages are denied for lack of evidence. The dissenting vote of two justices argues that the worker voluntarily accepted the new contract and that the regulation allowed modification, so the municipal action was lawful.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1240732.json", "html_url": "/legal/doc/nexus-sen-1-0005-1240732", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1240732" }, { "id": "nexus-sen-1-0005-1250912", "citation": "Res. 02170-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Park rangers are not entitled to the police risk salary bonus", "title_es": "No procede el plus salarial por riesgo policial para guardaparques", "summary_en": "The Second Chamber of the Supreme Court of Justice ruled on a cassation appeal filed by a SINAC employee who claimed retroactive payment of the police risk salary bonus. The plaintiff, a forestry engineer, argued that his duties under the Forestry Law and other statutes conferred police authority status, exposing him to risks similar to those of police forces. The Court, however, denied the appeal. It analyzed the legal framework governing the incentive (General Police Law and its regulation) and concluded that the bonus is reserved for police officers performing actual police duties with imminent risk to their physical integrity. The plaintiff's tasks, although including inspections, seizures, and reporting, are merely collaborative with judicial authorities and not comparable to the continuous danger faced by police forces. Additionally, he did not carry a weapon or meet the regulatory requirements. The Court deemed it unnecessary to rule on the State's passive standing since the claim's lack of merit was upheld. The lower court's decision rejecting the claim was confirmed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1250912.json", "html_url": "/legal/doc/nexus-sen-1-0005-1250912", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1250912" }, { "id": "nexus-sen-1-0005-1250920", "citation": "Res. 02179-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "High-risk operations incentive for Border Police agents", "title_es": "Incentivo de operaciones de alto riesgo para agentes de Fronteras", "summary_en": "The Second Chamber of the Supreme Court of Justice resolves a cassation appeal in an ordinary labor proceeding filed by a Public Force Agent II, assigned as a Border Police agent, against the State. The plaintiff claims retroactive payment of a high-risk operations salary incentive since 2009, plus differences in Christmas bonus, school salary, and social security contributions. The State opposed, alleging lack of legal and budgetary coverage, as the Technical Secretariat of the Budgetary Authority had not authorized this bonus for the Border Police. The Chamber upholds the lower court's decision granting the claim, based on its consistent case law extending the incentive to all employees whose functions are analogous to those of the Civil Guard and Rural Assistance Guard under Articles 21 and 22 of the General Police Law. It emphasizes that the nature of the plaintiff's duties involves risks similar to high-risk operations, and that the Administration must respect the principles of legality and wage equality, and cannot deny subjective rights based on administrative budget classifications without objective justification. The ruling also upholds the costs imposed on the State for its unjustified opposition.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1250920.json", "html_url": "/legal/doc/nexus-sen-1-0005-1250920", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1250920" }, { "id": "nexus-sen-1-0005-1250936", "citation": "Res. 02194-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "High-Risk Bonus for Border Police Officer", "title_es": "Reconocimiento del plus de Alto Riesgo a agente de la Policía de Fronteras", "summary_en": "The Second Chamber of the Supreme Court upholds a ruling ordering the State to pay the 'High-Risk Operations' bonus to a Border Police officer of the Ministry of Public Security, retroactively from the start of his employment in October 2021 and into the future. The court held that the officer's duties—border surveillance, crime prevention, and maintaining public order—are comparable to the functions described in Articles 21 and 22 of the General Police Law, which served as the benchmark for creating this incentive through an agreement of the Technical Secretariat of the Budgetary Authority (STAP-683-2000). It rejected the State's argument that the bonus only applies to the Civil Guard and Rural Assistance Guard, or that STAP had prohibited its extension. The principle of salary equality was applied, and the court found that the police risk bonus does not exclude the high-risk bonus because they compensate different factors. The ruling also confirms the payment of indexing and interest, as they are different legal concepts, and costs against the State for being the losing party.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1250936.json", "html_url": "/legal/doc/nexus-sen-1-0005-1250936", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1250936" }, { "id": "nexus-sen-1-0005-1253598", "citation": "Res. 02254-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Non-existence of employment relationship: provision of professional services", "title_es": "Inexistencia de relación laboral: prestación de servicios profesionales", "summary_en": "The Second Chamber of the Supreme Court of Justice hears a cassation appeal against a judgment of the Puntarenas Court of Appeals, which upheld the dismissal of a labor claim. The plaintiff sought payment of back wages, vacation days, christmas bonus, notice period, severance pay and other items, claiming an employment relationship with several corporations. The Chamber reviews the case and finds that the evidence, especially testimonial evidence, does not establish a subordinate employment relationship. It concludes that the relationship between the parties was one of professional services, not labor. The plaintiff worked as an advisor and manager of permits for real estate projects, receiving variable fees, without being subject to a schedule or disciplinary authority. Furthermore, it is shown that the plaintiff himself hired staff and paid them directly, which reinforces the absence of subordination. The Chamber upholds the appealed judgment and maintains costs against the losing plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1253598.json", "html_url": "/legal/doc/nexus-sen-1-0005-1253598", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1253598" }, { "id": "nexus-sen-1-0005-1253622", "citation": "Res. 02280-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Right to High-Risk Incentive for Border Police", "title_es": "Derecho al incentivo de alto riesgo para policías de fronteras", "summary_en": "The Second Chamber of the Supreme Court of Justice rules on a cassation appeal in a labor proceeding where a police officer sues the State for payment of the \"high-risk operations\" salary incentive for the period between April 1, 2000, and May 31, 2015. The court upholds the first-instance judgment that partially granted the claim, recognizing the plaintiff's right to such incentive from its implementation date, considering that the duties performed as Border Police and later as Agent I (FP) inherently involve exceptional risk to life and physical integrity, analogous to those of the Civil Guard and Rural Assistance Guard. The State's argument that the plaintiff had to prove actual participation in high-risk operations is rejected, shifting the burden of proof to the defendant to demonstrate that the plaintiff's position was unrelated to such duties. Likewise, the thesis that the police risk incentive covers the same risk is dismissed, as both bonuses compensate different concepts according to their enabling regulations. The ruling has no direct environmental relevance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1253622.json", "html_url": "/legal/doc/nexus-sen-1-0005-1253622", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1253622" }, { "id": "nexus-sen-1-0005-1261792", "citation": "Res. 02838-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Salary differentials for higher functions at SINAC", "title_es": "Diferencias salariales por funciones superiores en SINAC", "summary_en": "The Second Chamber of the Supreme Court of Justice, by majority, overturned the trial court ruling that had granted salary differentials to a SINAC employee. The plaintiff, formally appointed as a Civil Service Technician 1, sought payment corresponding to Professional 1-A and Professional Bachelor Chief positions, alleging he performed higher functions as Administrator of Barbilla National Park. The majority held that he lacked the academic requirements for those posts, specifically the licentiate degree required for the Professional Chief position. Consequently, the defense of lack of right was upheld and the claim dismissed. Justice Varela Araya dissented, arguing that the constitutional right to equal pay for work of equal value requires payment according to the functions actually performed, regardless of formal requirements, and that denying it would legitimize unjust enrichment of the Administration.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1261792.json", "html_url": "/legal/doc/nexus-sen-1-0005-1261792", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1261792" }, { "id": "nexus-sen-1-0005-1261801", "citation": "Res. 02847-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "High-risk operations incentive for Border Police Agent", "title_es": "Incentivo de operaciones de alto riesgo para Agente de Fronteras", "summary_en": "The Second Chamber of the Supreme Court of Justice upholds a trial court judgment ordering the State to retroactively recognize and pay the 'High-Risk Operations' salary incentive to a Border Police Agent from the Ministry of Public Security. The Chamber finds that the plaintiff's duties are comparable to those of the former Civil Guard and Rural Assistance Guard under Articles 21 and 22 of the General Police Law, and thus he is entitled to the bonus on equal terms with other police forces. The government's argument that the incentive is exclusive to counter-terrorism or crisis operations is rejected, emphasizing that the denial by the Technical Secretariat of the Budgetary Authority to extend the payment violates the principle of wage equality. The Chamber also upholds the combined award of legal interest and indexation, as they compensate different items, and confirms the award of costs against the State.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1261801.json", "html_url": "/legal/doc/nexus-sen-1-0005-1261801", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1261801" }, { "id": "nexus-sen-1-0005-1261822", "citation": "Res. 02870-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "High-Risk Incentive for Border Police", "title_es": "Incentivo de Alto Riesgo para Policía de Frontera", "summary_en": "The Second Chamber of the Supreme Court of Justice upheld the lower court's ruling ordering the State to pay the High-Risk Operations salary incentive to a Border Police officer. The Administration had denied the payment arguing that the position was not included in the budget code authorized by the Technical Secretariat of the Budgetary Authority (STAP) and that the officer did not perform high-risk functions. The Chamber found that the plaintiff's duties as a Border Agent II are comparable to those described in Articles 21 and 22 of the General Police Law, which were the basis for creating the incentive. It held that the STAP's refusal to extend the bonus to other police forces created unjustified inequality, violating the principles of wage equality and Articles 33 and 57 of the Political Constitution. It also rejected the State's request for exemption from costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1261822.json", "html_url": "/legal/doc/nexus-sen-1-0005-1261822", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1261822" }, { "id": "nexus-sen-1-0005-1261882", "citation": "Res. 02935-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "High-risk operations incentive for border agent", "title_es": "Incentivo por operaciones de alto riesgo para agente de fronteras", "summary_en": "The Second Chamber of the Costa Rican Supreme Court resolves an ordinary labor claim filed by a Public Force police officer holding the position of border agent against the Costa Rican State. The plaintiff seeks recognition and retroactive and future payment of the high-risk operations salary incentive, plus interest, indexation, and costs. The Labor Court of Upala granted the claim in full. The State appealed, alleging violation of the principles of legality and budgetary legality, arguing that the incentive should only apply to certain police units (Civil Guard and Rural Assistance Guard) and that there is no express budgetary authorization for the plaintiff's position. The Second Chamber upholds the lower court ruling, holding that the border agent's duties are analogous to those described in Articles 21 and 22 of the General Police Law, which gave rise to the bonus. The Court reaffirms that the right to the incentive does not depend on the budgetary code but on the objective nature of the duties, in accordance with the principle of equal pay and the block of legality. The Chamber also rejects the State's request for exemption from costs, as no evident procedural good faith was shown. The appeal is dismissed, and the original judgment is affirmed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1261882.json", "html_url": "/legal/doc/nexus-sen-1-0005-1261882", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1261882" }, { "id": "nexus-sen-1-0005-1261884", "citation": "Res. 02937-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of State's appeal regarding high-risk incentive payment to border police", "title_es": "Denegatoria del recurso estatal contra pago de incentivo de alto riesgo a agente de fronteras", "summary_en": "The Second Chamber hears a labor lawsuit in which a Border Police Officer claims the High-Risk Operations incentive. The trial court upheld the claim and ordered the State to pay the salary supplement retroactively, plus interest, indexation, and costs. The State appeals, alleging violation of budgetary legality, lack of proof of risk, duplication with the police risk incentive, impropriety of awarding both interest and indexation, and good faith in its defense. The Chamber rejects all grievances. It finds that the Border Police’s duties are comparable to those of the Civil Guard and Rural Assistance Guard, so their officers are entitled to the incentive. It holds that principles of equal pay prevail over budgetary arguments when the denial lacks justification. It confirms that interest and indexation may be awarded together under article 565 of the Labor Code, as they compensate different factors. Finally, it upholds the cost award since the State was unsuccessful and no procedural good faith was shown.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1261884.json", "html_url": "/legal/doc/nexus-sen-1-0005-1261884", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1261884" }, { "id": "nexus-sen-1-0005-1261887", "citation": "Res. 02940-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Right to the high-risk operations incentive for Border Police", "title_es": "Derecho al incentivo de operaciones de alto riesgo para la Policía de Fronteras", "summary_en": "The Second Chamber of the Supreme Court of Justice rules on an appeal filed by the State against a judgment that ordered the Ministry of Public Security to pay the \"High-Risk Operations\" salary incentive to a Border Police officer. The court upholds the lower court's decision, finding that the plaintiff's duties —border surveillance, crime prevention, drug trafficking combat, and environmental protection, among others— are comparable to those of the Civil Guard and the Rural Assistance Guard described in Articles 21 and 22 of the General Police Law (Law 7410), thus entitling him to the bonus created by the Budgetary Authority in 2000. It rejects the State's arguments regarding violations of the principles of legality and budgetary legality, holding that these must yield to the fundamental rights to equal pay and non-discrimination, protected by the Political Constitution and various international instruments. It also upholds the joint award of interest and indexation, and the imposition of costs on the State, finding that it did not litigate in good faith.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1261887.json", "html_url": "/legal/doc/nexus-sen-1-0005-1261887", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1261887" }, { "id": "nexus-sen-1-0005-1262944", "citation": "Res. 03148-2024 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "High-risk operations incentive for border agent", "title_es": "Incentivo por operaciones de alto riesgo para agente de fronteras", "summary_en": "The Second Chamber of the Supreme Court reverses the trial court decision and grants the claim of a border agent of the Ministry of Public Security, ordering the State to recognize and pay the high-risk operations salary incentive retroactively from August 31, 2019, and prospectively. The Chamber holds that the plaintiff's duties, as described in the Police Class Manual for the Agent II class and border agent position, are equivalent to those set forth in Articles 21 and 22 of the General Police Law, which served as the basis for the incentive's creation by the Budgetary Authority. It considers that the State's denial based solely on the position's budgetary code, without objective reasons for exclusion, violates the principle of wage equality and disregards the high-risk nature of the duties inherent to the job. The Chamber rejects that this decision invades administrative powers, noting it merely recognizes a right under the applicable legal framework. The State is also ordered to pay differences in Christmas bonuses, school salaries, and social security contributions, plus interest, indexation, and costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0005-1262944.json", "html_url": "/legal/doc/nexus-sen-1-0005-1262944", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1262944" }, { "id": "nexus-sen-1-0005-1313306", "citation": "Res. 00784-2025 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of police-risk incentive for park rangers", "title_es": "Improcedencia del incentivo por riesgo policial a guardaparques", "summary_en": "The Second Chamber of the Supreme Court of Justice rules that the salary supplement known as “police risk” (riesgo policial) does not apply to an employee of the National System of Conservation Areas (SINAC) who holds the position of Civil Service Professional 1-A in Tortuguero National Park. Although the Forestry Law, the Wildlife Conservation Law, and the National Parks Service Law confer on park rangers the status of police authority for certain acts—such as inspections, seizures, and detentions—their functions are limited to collaboration and reporting to the competent judicial authorities, without constituting duties typical of police forces. The Chamber analyzes Article 91 of the General Police Law and the Regulations for the payment of police risk (Executive Decree 29597), concluding that the supplement is only payable to those who, being police officers, perform functions involving imminent danger to their physical integrity. The lower court’s ruling dismissing the claim is upheld, but the judgment is modified to impose costs on the plaintiff, since the claim lacked evidentiary and legal basis.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "19/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0005-1313306.json", "html_url": "/legal/doc/nexus-sen-1-0005-1313306", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-1313306" }, { "id": "nexus-sen-1-0005-823526", "citation": "Res. 00093-2004 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Tardiness as Just Cause for Dismissal", "title_es": "Llegadas tardías como causa justificada de despido", "summary_en": "The Second Chamber of the Supreme Court of Justice upholds the ruling that declared justified the dismissal of an employee due to repeated tardiness. The plaintiff claimed he had permission to vary his schedule and that the evidence was improperly assessed, but the Chamber found that the lateness was constant and that, although there was initial tolerance, the employer communicated at least one warning letter revoking any implied permission. The court reiterates that repeated and unjustified tardiness constitutes a serious fault under Article 81(l) of the Labor Code, with no need for a minimum number of late arrivals in a specific period. The principle of in dubio pro operario is dismissed because no reasonable doubt existed about the employee's conduct, and it is noted that dismissal in the private sector does not require a prior procedure. The decision consolidates criteria on the assessment of evidence in labor matters and the configuration of dismissal for lack of punctuality.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/02/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0005-823526.json", "html_url": "/legal/doc/nexus-sen-1-0005-823526", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-823526" }, { "id": "nexus-sen-1-0005-824218", "citation": "Res. 00601-2009 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal dismissed in labor dispute between gardener and corporation", "title_es": "Desestimación de recurso de casación en disputa laboral entre jardinero y sociedad anónima", "summary_en": "The Second Chamber of the Supreme Court rules on the cassation appeals filed by both parties in an ordinary labor proceeding. The plaintiff, José Castillo Rojas, sued Arvi de Alajuela S.A. and its legal representative, claiming an employment relationship as a gardener and watchman since 1998. The defendants denied the relationship except during the construction of a house. The trial court and the appellate court partially granted the claim, recognizing the employment relationship from May 2002 to the dismissal in March 2005, and awarded statutory benefits. The Chamber upheld the appealed judgment, holding that the provision of services as a watchman and gardener on the defendant company's property constituted an employment contract. It refused to extend the relationship to the period of residence in Desamparados due to lack of evidence. It corrected a material error in the operative part regarding the amounts for vacation pay and Christmas bonus. The judgment does not address environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/07/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0005-824218.json", "html_url": "/legal/doc/nexus-sen-1-0005-824218", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-824218" }, { "id": "nexus-sen-1-0005-835524", "citation": "Res. 00044-1997 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Tacit extension of territorial jurisdiction by failing to object within three days after the first notification", "title_es": "Prórroga tácita de la competencia territorial por no oponerse dentro de los tres días posteriores a la primera notificación", "summary_en": "The Second Chamber of the Supreme Court of Justice resolves a jurisdictional conflict arising in the execution of a judgment, raised by Transportes Unidos Alajuelenses S.A. against a decision of the First Civil and Labor Court of Heredia. The lower court had dismissed a defense of lack of territorial jurisdiction as untimely, considering that the defendant did not raise it within three days after being first notified, thereby tacitly extending jurisdiction under Article 35 of the Civil Procedure Code. The Chamber confirms this view, holding that the First Civil Court of Heredia has jurisdiction, as territorial jurisdiction was extended by the defendant's failure to timely object.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/05/1997", "year": "1997", "json_url": "/data/legal/docs/nexus-sen-1-0005-835524.json", "html_url": "/legal/doc/nexus-sen-1-0005-835524", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0005-835524" }, { "id": "nexus-sen-1-0006-1010897", "citation": "Res. 00003-2021 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Duty to Reason and Comprehensive Review in Environmental Criminal Appeal", "title_es": "Deber de fundamentación y examen integral en apelación penal ambiental", "summary_en": "The Third Chamber of the Supreme Court of Justice annuls two prior decisions — an acquittal and its confirmation on appeal — in a case involving the illegal harvesting of a Guanacaste tree. The Prosecutor's Office had charged two individuals with sawing and stockpiling wood without a permit from the State Forestry Administration. The Flagrancy Court acquitted, holding that the charging document was deficient because it did not adequately describe the harvesting or locate the tree on private property outside the exceptions of Article 28 of the Forestry Law. The Sentencing Appeals Court confirmed that acquittal without examining the audio records of the initial hearing, where a complete accusation was indeed on record. The Criminal Cassation Chamber finds that the appellate court breached its duty of comprehensive review and analytical reasoning by failing to review the audio and video records to verify whether the accusation truly suffered from the alleged defects. It orders a remand for a new trial based on the oral accusation validly admitted at the initial hearing.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "08/01/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0006-1010897.json", "html_url": "/legal/doc/nexus-sen-1-0006-1010897", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1010897" }, { "id": "nexus-sen-1-0006-1032418", "citation": "Res. 00514-2021 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental restitution does not require a separate civil damages action", "title_es": "Restitución ambiental no requiere acción civil resarcitoria separada", "summary_en": "The Third Chamber of the Supreme Court admits three cassation grounds filed by the Public Prosecutor’s Office and the Attorney General’s Office against a ruling of the Cartago Criminal Appeals Court. The lower court had declared the prosecutor’s appeal inadmissible and denied the Attorney General’s appeal, thereby upholding the acquittal of a defendant charged with land-use change, invasion of protection areas, and opening a trail in a forest. This ruling does not decide the merits but allows examination of three key legal issues. First, whether Article 103(1) of the Criminal Code allows requesting restitution of things to the state prior to the crime without a separate civil damages action and without the Prosecutor acting as victim representative. Second, whether Articles 140 and 289 of the Criminal Procedure Code grant the Prosecutor standing to seek such restitution as part of its duty to cease the consequences of crime. Third, whether the Appeals Court’s decision—having accepted the objective elements of the forest crime yet refusing to order restitution and deferring to the Executive Branch (MINAE)—constitutes a failure to apply Article 103(1) and an improper delegation of judicial functions. The Chamber dismisses as inadmissible the grounds based on contradictory precedent due to insufficient pleading. The ruling is an admissibility filter that signals the constitutional and legal significance of the grievances raised, without yet deciding the substantive question of environmental restitution.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "13/05/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0006-1032418.json", "html_url": "/legal/doc/nexus-sen-1-0006-1032418", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1032418" }, { "id": "nexus-sen-1-0006-1063942", "citation": "Res. 01385-2021 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Statute of limitations in continuing offense of aggravated fraud", "title_es": "Cómputo de la prescripción en el delito continuado de estafa mayor", "summary_en": "The Criminal Chamber of the Supreme Court unified criteria on the statute of limitations for continuing offenses. The Appeals Court had treated a series of frauds as independent acts, ruling that several minor frauds were time-barred. The Supreme Court partially annulled that decision, holding that under Article 77 of the Criminal Code, a continuing offense merges multiple intentional acts with a common purpose, so the limitation period must be based on the penalty for the most serious offense, increased by up to one half, not on each act independently. In this case, the defendant's many frauds were linked by a single fraudulent scheme and intent, forming one continuing offense that had not expired. The defense's challenge to the judges' impartiality was also rejected, as their prior procedural involvement had not involved weighing evidence or substantive rulings.", "primary_topic_id": null, "topic_ids": [], "date": "26/11/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0006-1063942.json", "html_url": "/legal/doc/nexus-sen-1-0006-1063942", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1063942" }, { "id": "nexus-sen-1-0006-1071133", "citation": "Res. 00015-2022 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal inadmissible for mixing grounds in forestry crime case", "title_es": "Inadmisibilidad del recurso de casación por mezcla de motivos en delito forestal", "summary_en": "The Third Chamber of the Supreme Court declares inadmissible the cassation appeal filed by the State's prosecutor against the acquittal of the defendant on charges of illegal logging and timber extraction. The appellate court had upheld the acquittal applying the in dubio pro reo principle, finding the evidence insufficient and not unequivocal to prove the defendant's participation. The Criminal Cassation Chamber concludes that the appellant mixed different legal grounds in a single argument —lack of reasoning and violation of sound critical reasoning rules— breaching the separate-presentation requirement of Article 469 of the Criminal Procedure Code. It also holds that the objections essentially sought a reassessment of evidence and modification of proven facts, inadmissible at this procedural stage.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "14/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0006-1071133.json", "html_url": "/legal/doc/nexus-sen-1-0006-1071133", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1071133" }, { "id": "nexus-sen-1-0006-1077572", "citation": "Res. 00181-2022 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal on restoration of water protection area in forestry case", "title_es": "Casación sobre restitución de área de protección hídrica en causa forestal", "summary_en": "The Third Chamber of the Supreme Court rules on the admissibility of a cassation appeal filed by the Public Prosecutor's Office against a judgment of the Criminal Appeals Tribunal that confirmed the acquittal of a person accused of violating forestry law, without ordering the restoration of the affected ecosystem. The prosecutor argues that the appellate court erroneously applied Article 103(1) of the Criminal Code by considering that the acquittal precluded an order to restore things to their pre-crime condition. He also challenges the interpretation that a piped stream loses its protection area under Articles 33 and 34 of the Forestry Law. The Chamber admits both grounds of cassation, finding that the appeal meets the formal requirements of standing, timeliness, and substantiation, and that the issues raised must be examined on the merits to determine whether the appellate court erred in substantive law by denying restoration of the water protection area encroached upon by civil works.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "18/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0006-1077572.json", "html_url": "/legal/doc/nexus-sen-1-0006-1077572", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1077572" }, { "id": "nexus-sen-1-0006-1092436", "citation": "Res. 00437-2022 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict civil liability for environmental damage: application of the 'polluter pays' principle", "title_es": "Responsabilidad civil objetiva en daño ambiental: aplicación del principio 'quien contamina paga'", "summary_en": "The Third Chamber of the Supreme Court of Justice of Costa Rica, upon resolving a cassation appeal, partially annuls the judgment of the Criminal Appeal Court of Cartago that had upheld the criminal and civil acquittal of a defendant for forestry offenses. The Chamber concludes that environmental law is governed by an objective (strict) civil liability regime, based on the 'polluter pays' principle, meaning it is not necessary to prove fault or intent, but only the existence of damage and a causal link. Consequently, it revokes the ruling regarding civil liability and orders a remand for a differently composed appellate court to determine whether the civil defendant, as owner of the properties where environmental damage was proven, must bear objective liability. The Chamber also rejects the Public Prosecutor's appeal concerning restitution, holding that the Attorney General's Office was the only party with standing to appeal civil aspects, having appeared as the State's representative.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "soil-conservation-7779", "criminal-environmental" ], "date": "22/04/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0006-1092436.json", "html_url": "/legal/doc/nexus-sen-1-0006-1092436", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1092436" }, { "id": "nexus-sen-1-0006-1103148", "citation": "Res. 00691-2022 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Land-use change: statute of limitations tolled until effects cease", "title_es": "Cambio de uso de suelo: prescripción no corre mientras no cesen sus efectos", "summary_en": "The Criminal Cassation Chamber, by majority, unifies criteria on the statute of limitations for the crime of land-use change under Article 61(c) of the Forestry Law. It holds that this is an immediately consummated crime with permanent effects, and therefore the limitation period does not begin to run until the effects cease—that is, when regeneration of the affected ecosystems begins. The ruling overturns an appellate decision that had applied ordinary limitation rules (including the reduction by half under Article 33 of the Code of Criminal Procedure) and orders remand for further proceedings. Judge Zúñiga Morales dissents, arguing that even for crimes with permanent effects, the rules on interruption and suspension of the limitation period apply, and Article 33 contains no exceptions, so the time reduction reflects legislative policy.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "24/06/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0006-1103148.json", "html_url": "/legal/doc/nexus-sen-1-0006-1103148", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1103148" }, { "id": "nexus-sen-1-0006-1141288", "citation": "Res. 00167-2023 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Obligation to carry transport permit and certificate of origin when moving timber", "title_es": "Obligatoriedad de portar guía de transporte y certificado de origen al movilizar madera", "summary_en": "The Criminal Cassation Chamber of the Supreme Court of Justice admits for substantive review a cassation appeal filed by the Public Prosecutor's Office. The prosecution challenges an acquittal issued by the Santa Cruz Court of Appeals, which upheld the acquittal of a defendant for illegal mobilisation and illegal acquisition of forest products. The appeals court held that, although the carrier lacked documentation at the time of the flagrant detention, the conduct was either typical but lacking material unlawfulness or deemed atypical because the lawful origin of the timber was later proven with a sawmill invoice. The Cassation Chamber admits the appeal upon identifying conflicting precedents—both its own and from the same appeals court—that require the carrier to possess the appropriate transport permit and certificate of origin at the very moment of transit, that such obligation cannot be fulfilled retroactively, and that its absence alone satisfies the elements of the crime under Article 56 of the Forestry Law. The admission paves the way for unifying jurisprudence on the formal nature of timber transport offences and the application of the precautionary principle in environmental criminal law.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "17/02/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0006-1141288.json", "html_url": "/legal/doc/nexus-sen-1-0006-1141288", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1141288" }, { "id": "nexus-sen-1-0006-1203302", "citation": "Res. 01052-2023 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal dismissed as untimely in fraud case", "title_es": "Inadmisibilidad del recurso de casación por extemporaneidad en causa por estafa", "summary_en": "The Third Chamber of the Supreme Court of Justice dismissed as inadmissible the cassation appeal filed by Aida Luz Murillo Torres, convicted of major and minor fraud, finding that it was filed beyond the fifteen-day statutory deadline after the appeal ruling was notified. The appellant alleged serious procedural defects, including violation of the principles of immediacy and concentration —because the appellate court panel that heard oral arguments differed from the panel that drafted the decision—, lack of correlation between the indictment and the judgment, insufficient reasoning, and improper rejection of documentary evidence from SETENA which would have shown irregularities in a municipal regulatory plan related to a housing project. The Chamber conducted a detailed review of the notification record and concluded that the defendant was duly notified on August 30, 2022 through the means indicated by her defense counsel, and therefore the deadline had long since expired when the brief was filed. Consequently, on strictly procedural timeliness grounds, the Chamber did not address the merits of the grievances.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0006-1203302.json", "html_url": "/legal/doc/nexus-sen-1-0006-1203302", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1203302" }, { "id": "nexus-sen-1-0006-1211170", "citation": "Res. 00055-2024 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Third Chamber Declares Cassation Inadmissible in Maritime-Terrestrial Zone Infringement and Demolition Order", "title_es": "Sala Tercera declara inadmisible casación por infracción a zona marítimo terrestre y orden de demolición", "summary_en": "The Third Chamber of the Supreme Court of Justice hears a cassation appeal filed by the defendant against an appellate ruling that upheld his conviction for the crime of infringement of the maritime-terrestrial zone and ordered the demolition of buildings in a public area. The Chamber, by majority, declares the appeal inadmissible. Essentially, it finds that the cassation grounds fail to meet the formal requirements set out in Article 469 of the Criminal Procedure Code, as the alleged defects are not properly individualized, arguments of different natures are mixed (violation of the rules of sound criticism and erroneous interpretation of Law 10000), and no concrete harm is demonstrated. The majority applies a strict interpretation of the extraordinary nature of cassation after the reform of Law 8837. However, Magistrate Vargas González issues an extensive dissenting vote, arguing that cassation should not be treated with such formalism, as it violates the fundamental right to an appeal and access to justice, and that the defects were correctable.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "_off-topic" ], "date": "18/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0006-1211170.json", "html_url": "/legal/doc/nexus-sen-1-0006-1211170", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1211170" }, { "id": "nexus-sen-1-0006-1212671", "citation": "Res. 00004-2024 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict environmental liability of registered property owner for illegal logging", "title_es": "Responsabilidad civil objetiva ambiental del titular registral del inmueble en tala ilegal", "summary_en": "The Criminal Cassation Chamber admits for substantive review a cassation appeal filed by the Office of the Attorney General, acting as plaintiff and civil party, against a ruling by the Sentencing Appeals Court that reversed the first-instance civil judgment. The underlying criminal case concerned the illegal harvesting of sixteen timber trees on private property, exceeding the permit issued by the forestry authority. The appellate court dismissed the civil claim for damages, citing the absence of an “attribution criterion beyond the commission of a criminal act”. The Attorney General alleges failure to apply Articles 98 and 101 of the Organic Environmental Law, which establish strict civil liability for omissions and for being the owner of the activity or property where environmental damage occurs. It argues that the civil defendant, as registered owner and permit holder, is civilly liable even without proof of her direct participation in the logging. The Chamber finds the appeal properly grounded and admits it to determine whether the strict environmental liability rules were incorrectly disregarded.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "11/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0006-1212671.json", "html_url": "/legal/doc/nexus-sen-1-0006-1212671", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1212671" }, { "id": "nexus-sen-1-0006-1212672", "citation": "Res. 00005-2024 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Criminal judge's authority to order demolition in maritime-terrestrial zone and national refuge", "title_es": "Competencia del juez penal para ordenar demolición en zona marítimo-terrestre y refugio nacional", "summary_en": "The Third Chamber of the Supreme Court admitted the cassation appeal filed by the Public Prosecutor's Office against a ruling by the Sentencing Appeals Tribunal of San José. The core dispute concerns whether a criminal judge has jurisdiction to order the demolition of an illegal construction built within the maritime-terrestrial zone and inside the Gandoca-Manzanillo National Wildlife Refuge. The appellate court had reversed the demolition order, remanding the matter to the administrative-contentious jurisdiction, arguing it lacked expertise in administrative law. The prosecution contended that criminal judges not only have the authority but the duty to restore things to their pre-crime state, applying the precautionary and pro natura principles, and that no administrative lesividad process is needed when the illegality of the administrative permit has already been established in criminal proceedings. The Chamber admitted the appeal for substantive review, finding that the alleged procedural error constitutes an in procedendo defect actionable via cassation, and that the appellate decision could harm the legal framework and cause environmental injury to the State.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "11/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0006-1212672.json", "html_url": "/legal/doc/nexus-sen-1-0006-1212672", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1212672" }, { "id": "nexus-sen-1-0006-1213462", "citation": "Res. 00058-2024 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Criminal court lacks jurisdiction to annul administrative acts and order demolition of permitted dwelling", "title_es": "Proceso penal carece de competencia para anular actos administrativos y ordenar derribo de vivienda con permisos municipales", "summary_en": "The Criminal Cassation Chamber upholds the appellate court's ruling declaring material incompetence to order the demolition of a house built with municipal permits in a spring protection area. The defendants were acquitted of forestry law violations in 2018. The dispute over demolition was referred to the administrative contentious jurisdiction, where a lesividad (challenge to one's own favorable administrative act) proceeding must be brought. The Chamber rules that criminal courts cannot annul valid administrative acts; restitution to the prior state is only possible if the administrative court finds the permits null. It dismisses the State Attorney General's appeal, finding no violation of procedural norms, and affirms that the existence of permits was proven by other evidence, so even if the contested documents were excluded, the ruling remains valid.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "18/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0006-1213462.json", "html_url": "/legal/doc/nexus-sen-1-0006-1213462", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1213462" }, { "id": "nexus-sen-1-0006-1229215", "citation": "Res. 00324-2024 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Objective Civil Liability Inapplicable Absent Causal Link and Evidence in Illegal Logging", "title_es": "Improcedencia de responsabilidad civil objetiva por falta de nexo causal y prueba en tala ilegal", "summary_en": "The Criminal Cassation Chamber of the Supreme Court unanimously dismissed the cassation appeal filed by the Attorney General’s Office against the acquittal of civil liability of a defendant in a case of illegal exploitation of forest products. The appellate court had reversed the civil judgment after finding: (i) no evidence linking the defendant to the unauthorized felling of 16 trees; (ii) no causal link between her conduct and the damage; and (iii) the civil claim was based on an unproven theory of fraudulent intent. The Chamber rejected the appellant’s argument that Articles 98 and 101 of the Environmental Organic Law (Law 7554) create strict liability, obviating the need for proof of participation or causation. It clarified that both provisions establish subjective liability, requiring involvement in the act. Without evidentiary elements of attribution, the substantive law cannot be applied.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "12/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0006-1229215.json", "html_url": "/legal/doc/nexus-sen-1-0006-1229215", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1229215" }, { "id": "nexus-sen-1-0006-1229551", "citation": "Res. 00347-2024 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of cassation appeal against retrial order for lack of objective appealability", "title_es": "Inadmisibilidad del recurso de casación contra reenvío penal por falta de impugnabilidad objetiva", "summary_en": "The Third Chamber of the Supreme Court declares inadmissible the cassation appeal filed by the defense of a defendant charged with environmental crimes (wetland drainage, destruction of vegetation in protected areas, construction in public maritime-terrestrial zone, invasion of conservation area, timber harvesting, and usurpation of public domain property). The Criminal Sentencing Appeals Court of the Third Judicial Circuit of Alajuela had overturned the first-instance decision that declared the criminal action time-barred and ordered a retrial. The defense alleged violation of due process for not holding a requested oral hearing, lack of standing of the state representation, and error in characterizing the crimes as permanent effects. The Chamber finds the appealed decision does not meet the objective appealability requirements of Article 467 of the Criminal Procedure Code, as ordering a full retrial neither confirms nor definitively resolves any situation, but rather orders a complete new examination of the case by the trial court.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0006-1229551.json", "html_url": "/legal/doc/nexus-sen-1-0006-1229551", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1229551" }, { "id": "nexus-sen-1-0006-1235724", "citation": "Res. 00450-2024 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Demolition of construction and in dubio pro natura requires certainty of environmental harm", "title_es": "Derribo de construcción y principio in dubio pro natura requiere certeza del daño ambiental", "summary_en": "The Third Chamber of the Supreme Court of Justice rejects two cassation appeals filed by the Public Ministry and the Attorney General's Office. The appellants argued that the appellate court ignored Article 11 of the Biodiversity Law by refusing to order demolition of a house allegedly built in a protection zone of a permanent spring. The Chamber finds that the existence of a permanent spring was never proven, making it impossible to establish environmental harm and apply the precautionary or in dubio pro natura principles. It emphasizes that these principles require certainty of harm, which was lacking because the prosecution never requested a hydrogeological study from the Water Directorate. Moreover, the defendant held municipal construction permits and an expert opinion indicating the water source was a creek, not a spring. The Chamber holds that without proven danger, demolition would be arbitrary and violate legal certainty.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "biodiversity-law-7788" ], "date": "28/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0006-1235724.json", "html_url": "/legal/doc/nexus-sen-1-0006-1235724", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1235724" }, { "id": "nexus-sen-1-0006-1260856", "citation": "Res. 01035-2024 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Admissibility of Vessel Forfeiture for Illegal Fishing in National Park", "title_es": "Admisibilidad comiso de embarcación por pesca ilegal en parque nacional", "summary_en": "The Third Chamber of the Supreme Court of Justice of Costa Rica admits for substantive review two cassation grounds filed by the Attorney General’s Office against an appellate ruling. The Appellate Court had upheld a conviction for illegal fishing in Santa Rosa National Park but refused to order forfeiture of the vessel used, instead lifting the annotation on its registration and ordering its return to the registered owner, who was not the convicted person. The Prosecutor’s Office argues that Article 118 of the Fishing Law and Articles 103(c) and 106(5) of the Penal Code were disregarded: these establish the strict joint liability of the vessel’s owner and forfeiture as a civil consequence of the criminal act. It further alleges disregard of Article 155 of the Fishing Law by lifting the annotation without proof of payment of the fine. The Chamber finds both grounds formally sufficient and admits them, framing the legal questions to be decided: whether forfeiture is warranted given strict joint liability, and whether the annotation must remain until the fine is paid.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "03/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0006-1260856.json", "html_url": "/legal/doc/nexus-sen-1-0006-1260856", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1260856" }, { "id": "nexus-sen-1-0006-1263276", "citation": "Res. 01100-2024 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation on demolition in maritime zone with municipal permit", "title_es": "Casación sobre demolición en zona marítimo terrestre con permiso municipal", "summary_en": "The Third Chamber of the Supreme Court resolves a cassation appeal filed by the Public Prosecutor's Office against a decision of the Criminal Sentencing Appeals Court that revoked the demolition order for a construction built within the maritime zone and the Gandoca Manzanillo National Wildlife Refuge. The defendant had been acquitted of criminal liability, but the trial court ordered demolition. The appellate court revoked that order, arguing that the individual held a construction permit issued by the Municipality of Talamanca — an administrative act conferring rights that had not been declared void and thus prevented demolition through criminal proceedings. The Criminal Cassation Chamber upholds this criterion and dismisses the prosecutor's appeal. It holds that even if the construction is located in a prohibited area, the existence of a permit — however questionable — requires that its annulment be pursued through the contentious-administrative lesividad process, in respect of due process and the individual's subjective rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0006-1263276.json", "html_url": "/legal/doc/nexus-sen-1-0006-1263276", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1263276" }, { "id": "nexus-sen-1-0006-1301549", "citation": "Res. 00639-2025 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Criminal Cassation Admissibility: Conflicting Precedents on Forestry-Law Interpretation", "title_es": "Admisibilidad de casación penal por contradicción de precedentes sobre interpretación de Ley Forestal", "summary_en": "The Third Chamber of the Supreme Court of Justice declares admissible a cassation appeal filed by the Attorney General’s Office against a judgment of the Criminal Appeals Court of San Ramón. The appeal is based on the ground of conflicting precedents (article 468(a) of the Criminal Procedure Code). The prosecution argues that the challenged judgment — which acquitted the defendant of illegal timber transport on the basis that documentation requirements apply only to timber from forest plantations — contradicts a prior decision of another appeals court (Santa Cruz, ruling 75-2015) holding that permits and certificates of origin are required for any timber transport, regardless of plantation type. The Chamber finds that the appeal meets the formal requirements of timeliness and standing, and that the legal question raised (interpretation of articles 31, 56, and 63(a) of the Forestry Law) is a core issue that can be used to unify jurisprudence. The appeal is therefore admitted for a full review on the merits.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "05/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0006-1301549.json", "html_url": "/legal/doc/nexus-sen-1-0006-1301549", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1301549" }, { "id": "nexus-sen-1-0006-1303389", "citation": "Res. 00611-2025 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Declaration of Inadmissibility of Cassation Appeals in a Major Fraud and Ideological Falsehood Case", "title_es": "Declaratoria de inadmisibilidad de recursos de casación en causa por estafa mayor y falsedad ideológica", "summary_en": "The Third Chamber of the Supreme Court declared inadmissible two cassation appeals filed by the representatives of the victims and an offended company, against a ruling of the Criminal Sentence Appeals Tribunal of Alajuela. The appellate tribunal had partially revoked the joint civil liability for material damages and costs imposed on a notary accused of ideological falsehood and use of a false document, after the criminal action was declared time-barred in her favor. The appellants argued that the criminal statute of limitations did not extinguish the civil liability arising from the creation of a fraudulent unlimited power of attorney that enabled a fraudulent mortgage loan. The Chamber, after examining the appeals, found that both mixed multiple grounds and suffered from irremediable formal defects, failing to meet the requirements of Article 469 of the Criminal Procedure Code for filing an extraordinary cassation appeal. The formalistic and restricted nature of the current appeal was emphasized, requiring each ground to be stated separately with its supporting arguments, and any extensive interpretation or opportunity to cure defects was rejected. Consequently, the appeals did not pass the admissibility test and were declared inadmissible.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0006-1303389.json", "html_url": "/legal/doc/nexus-sen-1-0006-1303389", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1303389" }, { "id": "nexus-sen-1-0006-1303433", "citation": "Res. 00481-2025 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Review against definitive dismissal is inadmissible for lack of a conviction", "title_es": "Revision contra sobreseimiento definitivo es inadmisible por ausencia de sentencia condenatoria", "summary_en": "The Third Chamber declares inadmissible the review procedure filed by a defendant against the definitive dismissal granted in his favor by the Criminal Court of Pavas in 2021, for the crime of violating the Forestry Law. The petitioner alleged violations of due process, ineffective legal assistance, and erroneous assessment of evidence during the investigation, which ended in a ruling that, while acquitting him, ordered the demolition of a wall, property, and bridges over the Agres River for encroaching on the protection area under Article 33 of the Forestry Law. The Chamber confines itself to examining the admissibility requirements of the review remedy, holding that under Article 408 of the Criminal Procedure Code, review only lies against final convictions or rulings imposing security and correctional measures, not against acquittals or dismissals. Since the challenged decision is a definitive dismissal issued at a preliminary hearing—not a conviction—it lacks objective appealability. The Chamber rejects the petition outright, noting that the petitioner attempts to distort the review remedy into an appellate instance, even offering witness testimony. Article 411 of the Criminal Procedure Code is applied, allowing the court to declare inadmissibility sua sponte when the petition falls outside the statutory grounds.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "29/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0006-1303433.json", "html_url": "/legal/doc/nexus-sen-1-0006-1303433", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1303433" }, { "id": "nexus-sen-1-0006-1342670", "citation": "Res. 01070-2025 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Confiscation of vessel and judicial lien for illegal fishing in a protected area", "title_es": "Comiso de embarcación y gravamen judicial por pesca ilegal en área protegida", "summary_en": "The Third Chamber of the Supreme Court annuls the appellate decision that ordered the definitive return of a vessel seized for illegal fishing in Santa Rosa National Park. It finds that the appellate court failed to rule on confiscation of the property, a mandatory element of the criminal judgment under the Criminal Procedure Code, and incorrectly lifted the judicial lien that the Fishing and Aquaculture Law (Article 155) imposes on vessels used in fishing offenses to guarantee payment of fines. The Chamber clarifies that forfeiture is not a consequence of the owner's joint and several liability but an accessory measure with a punitive nature, and that the lack of reasoning and hearing of interested third parties vitiates the decision. It remands the case to the trial court with a different panel to decide on confiscation and order the registration of the lien, leaving the remainder of the criminal conviction undisturbed.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "24/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0006-1342670.json", "html_url": "/legal/doc/nexus-sen-1-0006-1342670", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1342670" }, { "id": "nexus-sen-1-0006-1362431", "citation": "Res. 01304-2025 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of Cassation for Lack of Objective Impugnability in Environmental Offense", "title_es": "Inadmisibilidad de casación por falta de impugnabilidad objetiva en delito ambiental", "summary_en": "The Criminal Cassation Chamber declares inadmissible the cassation appeal filed by the Public Prosecutor's Office against the ruling of the Criminal Sentence Appeals Court of Cartago. The appellate court had integrally annulled the acquittal and ordered a new trial in a case involving usurpation of public domain property and an environmental offense. The Chamber finds that the challenged decision lacks objective impugnability under Article 467 of the Criminal Procedure Code, as it neither confirms nor definitively resolves any aspect of the trial judgment, but rather orders a complete retrial. The appellant argued erroneous application of substantive environmental provisions, such as the Biodiversity Law and Article 50 of the Constitution, regarding the environmental restitution order. However, substantive review is foreclosed in this instance due to an incurable procedural defect. Judge Vargas González issues a separate opinion concurring in the inadmissibility but disagreeing with the majority's characterization of cassation as an extraordinary remedy and its formalistic rigor.", "primary_topic_id": null, "topic_ids": [], "date": "21/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0006-1362431.json", "html_url": "/legal/doc/nexus-sen-1-0006-1362431", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1362431" }, { "id": "nexus-sen-1-0006-1362515", "citation": "Res. 00095-2026 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Standing of the PGR and Hierarchical Correction in Environmental Crimes", "title_es": "Legitimación de la PGR y enmienda jerárquica en delitos ambientales", "summary_en": "The Third Chamber resolves a cassation appeal against a ruling that upheld a definitive dismissal due to a conciliation agreement in a crime of invasion of a protection area. The Attorney General's Office (PGR) argued it should be considered a victim to authorize the conciliation, but it had not joined as a querellante or civil actor. The Chamber dismisses the ground: the PGR is not the victim in environmental crimes, but its legal representative, and to fully exercise its rights it must become a party. If it does not, the Public Prosecutor's Office directs the criminal action, including the power to agree on alternative measures. The PGR was duly notified of all procedural acts and did not participate, so there was no violation of its rights. On the other hand, the Chamber accepts the Prosecutor's Office's joining appeal: the appellate court erroneously interpreted Article 18 of the Organic Law of the Public Prosecutor's Office by declaring the deputy prosecutor's appeal inadmissible. Hierarchical correction does allow the superior to challenge rulings to correct errors of the inferior prosecutor, even if the Prosecutor's Office contributed to the grievance. The ruling is partially annulled and the case is remanded for the appellate court to hear the prosecutor's appeal.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "19/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0006-1362515.json", "html_url": "/legal/doc/nexus-sen-1-0006-1362515", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1362515" }, { "id": "nexus-sen-1-0006-1367004", "citation": "Res. 00069-2026 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation Inadmissibility for Partial Remand in Forestry Crime", "title_es": "Inadmisibilidad de casación por reenvío en delito forestal", "summary_en": "The Criminal Cassation Chamber of the Supreme Court declares inadmissible the cassation appeal filed by the Attorney General's Office against the ruling of the Specialized Appeals Tribunal for Organized Crime. The appellate court had upheld the criminal and civil conviction for violation of the Forestry Law but partially annulled the amount of environmental damages and costs, ordering a new trial limited to recalculating those items. The prosecution argued that the decision disregarded substantive environmental norms requiring full, strict, and joint liability for environmental harm, contending that the proven existence of illegally harvested fallen trees should sustain the entire conviction. The Chamber finds that the appeal fails to meet the objective admissibility requirements of Article 467 of the Criminal Procedure Code, because the appellate ruling did not consolidate any legal situation causing definitive harm; the issues raised by the appellant can be litigated precisely in the remand trial. The decision does not adjudicate the environmental merits but is strictly a procedural admissibility ruling.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "15/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0006-1367004.json", "html_url": "/legal/doc/nexus-sen-1-0006-1367004", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1367004" }, { "id": "nexus-sen-1-0006-1367026", "citation": "Res. 00155-2026 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of criminal sentence review for lack of standing of registered property owner", "title_es": "Improcedencia de revisión de sentencia penal por falta de legitimación del propietario registral", "summary_en": "The Third Chamber of the Supreme Court of Justice dismisses the special review procedure filed by José Mario Sibaja Guillén against a 2021 judgment of the Pavas Criminal Court, which had acquitted the defendant for violation of the Forestry Law but ordered the demolition of structures on a property by the Agres River. The petitioner claimed to be a registered owner of part of the property and argued that the failure to notify him and include him in the criminal proceeding constituted a serious breach of judicial duties, violating due process and the right to defense. The Chamber finds that the petitioner lacks standing to seek review, since Article 409 of the Criminal Procedure Code exhaustively lists who may do so (the convicted person, their relatives, or the Public Prosecutor's Office), and the petitioner does not fit any of those categories. Consequently, the merits of the claim are not examined and the petition is rejected outright.", "primary_topic_id": null, "topic_ids": [], "date": "29/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0006-1367026.json", "html_url": "/legal/doc/nexus-sen-1-0006-1367026", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1367026" }, { "id": "nexus-sen-1-0006-1372382", "citation": "Res. 00260-2026 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of cassation appeal for formal defects in environmental civil condemnation", "title_es": "Inadmisibilidad del recurso de casación por defectos formales en condena civil ambiental", "summary_en": "By majority, the Criminal Cassation Chamber declares inadmissible the cassation appeal filed against a ruling of the Santa Cruz Criminal Appeals Court that upheld a civil condemnation for environmental damage. The appellant, counsel for the accused and the civilly liable company, alleged disregard of articles 2 and 6 of the Criminal Procedure Code and violation of due process, claiming that the compensation amount was based solely on reports by MINAE officials without objective support and that favorable evidence was not considered. He further argued that the appellate court lacked proper reasoning by failing to analyze in depth the arguments regarding the damage calculation and evidence of natural regeneration of the site. The Chamber finds that the appeal does not meet the requirements of Article 469 of the Criminal Procedure Code: there is a confusion of grounds in a single argument and it fails to specify the concrete grievance and the remedy sought. Therefore, it declares the appeal inadmissible. Judge Vargas González dissents and provides an extensive critical analysis of the nature of cassation appeals, arguing they should not be treated as extraordinary with excessive formalities, but should allow broader review to guarantee access to justice and due process, in accordance with Article 2 of the Criminal Procedure Code and the pro sentencia principle.", "primary_topic_id": null, "topic_ids": [], "date": "26/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0006-1372382.json", "html_url": "/legal/doc/nexus-sen-1-0006-1372382", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1372382" }, { "id": "nexus-sen-1-0006-1380356", "citation": "Res. 00193-2026 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Transporting timber without documentation is a crime even if origin is unproven", "title_es": "Transporte de madera sin documentación es delito aunque no se demuestre origen", "summary_en": "The Third Chamber of the Supreme Court of Justice ruled on an appeal for cassation filed by the Office of the Attorney General, acting as victim in a criminal environmental case. The case involved the acquittal of a defendant for illegal timber transport, based on the fact that it was not proven that the transported wood came from a forest or forest plantation, and that doubt should benefit the accused. The Chamber, by majority, granted the appeal, annulled the first and second instance judgments, and ordered a new trial. It reiterated that Article 56 of the Forestry Law requires anyone transporting timber to carry documentation proving its origin, regardless of whether it comes from a forest, a forest plantation, or an isolated tree in a pasture. It held that the absence of documents already constitutes the criminal offense and that, in environmental matters, the pro natura principle and the reversal of the burden of proof under the Biodiversity Law and the Organic Environmental Law apply, so doubt does not automatically benefit the defendant. Judge Vargas González dissented, maintaining that the criminal offense is only committed if the timber comes from a forest or plantation and that the prosecution must prove it, without shifting the burden of proof and violating the presumption of innocence.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "05/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0006-1380356.json", "html_url": "/legal/doc/nexus-sen-1-0006-1380356", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-1380356" }, { "id": "nexus-sen-1-0006-778316", "citation": "Res. 00721-2013 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Immediacy principle and defendant’s withdrawal from the courtroom during trial", "title_es": "Principio de inmediación y retiro del imputado de la sala de debate", "summary_en": "The Third Chamber ruled on a cassation appeal against a decision confirming the trial court's refusal to allow defendants to leave the courtroom during the victim's testimony. The defense alleged contradictory precedents among appellate courts on whether article 328 of the Criminal Procedure Code grants defendants a right to be absent. The Chamber unified criteria: the general rule is the defendant’s presence at trial, and permission to withdraw is exceptional. The interested party must provide solid grounds; merely invoking defense strategy or a desire not to be seen is insufficient. In this case, the request lacked sufficient justification, so the appeal was dismissed. The Chamber clarified that it does not ignore situations where withdrawal is necessary to avoid nullifying the right to defense, but such cases must be assessed individually and with proper justification.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/06/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0006-778316.json", "html_url": "/legal/doc/nexus-sen-1-0006-778316", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-778316" }, { "id": "nexus-sen-1-0006-782488", "citation": "Res. 00807-2017 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdictional conflict: forestry crimes versus functional crimes", "title_es": "Conflicto de competencia: delitos forestales versus funcionales", "summary_en": "The Third Chamber of the Supreme Court of Justice resolves a jurisdictional conflict between the Criminal Court of Garabito and the Criminal Court of Hacienda of the Second Judicial Circuit of San José. The former declared itself incompetent, considering that the acts attributed to the mayor of Garabito constituted crimes against the duties of public office. The latter rejected jurisdiction, arguing that the Public Prosecutor's Office charged forestry crimes (invasion of a protection area, illegal harvesting of forest products, and invasion of the maritime terrestrial zone), which fall under ordinary jurisdiction. The Chamber determines that the defendant's status as a public official does not automatically confer jurisdiction to the criminal treasury court unless a functional crime is charged. Moreover, it applies the principle of connection under Article 51 of the Criminal Procedure Code, whereby the court competent to hear the most serious crime attracts the case. Since the Forestry Law crimes carry heavier penalties than breach of duties, jurisdiction lies with the Garabito Criminal Court.", "primary_topic_id": null, "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "30/08/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0006-782488.json", "html_url": "/legal/doc/nexus-sen-1-0006-782488", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-782488" }, { "id": "nexus-sen-1-0006-964693", "citation": "Res. 00099-2020 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Detention based on nervousness not sufficient grounds", "title_es": "Detención por nerviosismo no constituye indicio suficiente", "summary_en": "The Third Chamber of the Supreme Court reviews a criminal appeal filed by the public defender of a defendant convicted of drug possession and trafficking. The central issue is the legality of the initial detention: the accused was stopped by police after appearing nervous, avoiding eye contact, and crossing the street to evade the officers. The Court of Appeals upheld the conviction, arguing that this 'suspicious' behavior justified a search. On appeal, the defense claims violation of Article 37 of the Constitution and international human rights instruments, arguing that nervousness in the presence of police does not constitute a verified indication of a crime. The Chamber admits the appeal for a full hearing, recognizing that the challenge is formally admissible, and will proceed to determine whether the police action violated procedural guarantees—which could lead to the annulment of the conviction.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/01/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0006-964693.json", "html_url": "/legal/doc/nexus-sen-1-0006-964693", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-964693" }, { "id": "nexus-sen-1-0006-981863", "citation": "Res. 00611-2020 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Evasive conduct as verified indication for police search", "title_es": "Conducta evasiva como indicio comprobado para requisa policial", "summary_en": "The Third Chamber of the Supreme Court of Justice heard a cassation appeal filed by the defense of Andrey Manfredo Godínez Herrera, convicted of drug possession and transportation for trafficking. The appellant argued that the police search was illegal because it was based solely on the defendant's nervousness and evasive behavior upon noticing the police presence, without any prior criminal complaint. The cassation court denied the appeal. It held that the defendant's suspicious attitude —lowering his gaze, crossing the street, and trying to leave— constituted a verified indication sufficient to justify preventive police intervention, under Article 189 of the Criminal Procedure Code and the General Police Law. The Chamber reiterated its jurisprudence that the preventive work of the administrative police does not require a prior formal complaint, but rather reasonable notice of unlawful activity, assessed according to the rules of experience. It concluded that the detention and search were not arbitrary, but rather a legitimate reaction to suspicious conduct, and therefore the evidence obtained was valid and the conviction was upheld.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/05/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0006-981863.json", "html_url": "/legal/doc/nexus-sen-1-0006-981863", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-981863" }, { "id": "nexus-sen-1-0006-989721", "citation": "Res. 00865-2020 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial denial of prosecutor's cassation appeal for Forestry Law violation", "title_es": "Inadmisión parcial de casación fiscal por infracción a Ley Forestal", "summary_en": "The Third Chamber of the Supreme Court of Justice reviews the cassation appeals filed by the Public Prosecutor's Office against an acquittal judgment issued by the Cartago Appeals Court, which upheld the acquittal of two defendants accused of illegal logging under the Forestry Law. The Prosecutor argued that the appeal judgment was defective for failing to address the correction of the oral accusation, for not analyzing the exploitation of a fallen guanacaste tree, for absurd reasoning regarding the exceptions in Article 28 of the Forestry Law, and for misapplying Article 61 instead of Article 58 of the same law. The Chamber admitted the first three grounds for substantive review but declared the fourth inadmissible for not meeting cassation requirements, particularly for attempting to modify unproven facts.", "primary_topic_id": null, "topic_ids": [], "date": "17/07/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0006-989721.json", "html_url": "/legal/doc/nexus-sen-1-0006-989721", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-989721" }, { "id": "nexus-sen-1-0006-998840", "citation": "Res. 01162-2020 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Standing to bring private prosecution in forestry offenses", "title_es": "Legitimación para querellar en delitos forestales", "summary_en": "The Criminal Cassation Chamber declares inadmissible the cassation appeal filed by Ronald Murillo Marín's defense, who was convicted of usurpation, illegal logging, land-use change, and road-building in forest lands. The appellants argued that the private complainant lacked standing because environmental crimes protect diffuse interests and that the acts did not constitute an offense. However, the court found an improper mixing of grounds (procedural defect and lack of criminality in a single complaint) and that the argument merely copied the dissenting vote of the Court of Appeal, without actually challenging the majority ruling or developing the claims of atipicity. Due to deficient cassation technique and non-compliance with Article 469 of the Criminal Procedure Code, the appeal is rejected as inadmissible. The decision upholds the conviction but does not reach the merits of the standing question.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "18/09/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0006-998840.json", "html_url": "/legal/doc/nexus-sen-1-0006-998840", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0006-998840" }, { "id": "nexus-sen-1-0007-1003266", "citation": "Res. 14945-2020 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Detention of youths for breaching COVID-19 health measures found excessive", "title_es": "Detención de jóvenes por violar medidas sanitarias COVID-19 es excesiva", "summary_en": "The Constitutional Court heard a habeas corpus petition filed by a public defender on behalf of twelve youths detained by the Public Force while gathered in a shed in Turrialba. The detention was based on the alleged breach of health measures issued by the Ministry of Health during the COVID-19 pandemic. The Court held that the apprehension lasting approximately sixteen hours was excessive, since the violation of general health provisions is punishable by a fine, not deprivation of liberty. The Court found that the prerequisites for detention for the crime of disobedience or violation of health measures were not met, as there was no personalized order, and that the detention violated Article 37 of the Political Constitution. The habeas corpus was partially granted with respect to the apprehension, ordering the authorities to refrain from repeating the conduct and condemning the State to pay damages. Claims regarding prison conditions and press releases were dismissed. The ruling included dissenting votes defending the legality of the detention in the pandemic context.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/08/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0007-1003266.json", "html_url": "/legal/doc/nexus-sen-1-0007-1003266", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1003266" }, { "id": "nexus-sen-1-0007-1003501", "citation": "Res. 21308-2020 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disaffectation of 113 ha of Lomas de Barbudal Biological Reserve", "title_es": "Desafectación de 113 ha de Reserva Biológica Lomas de Barbudal", "summary_en": "The Constitutional Chamber, by majority, dismissed a constitutional challenge to Law No. 9610, which modified the boundaries of the Lomas de Barbudal Biological Reserve to allow the construction of the PAACUME water supply project. The majority held that the law was supported by sufficient prior studies, that the disaffectation did not eliminate environmental protection but transformed it, and that the project's execution was conditioned on a future environmental impact study. Dissenting judges and the Attorney General argued that the compensation studies were inadequate and that no independent technical study justified the need to disaffect the biological reserve, thereby violating the precautionary and non-regression principles. The ruling illustrates the constitutional threshold for reducing protected wild areas in Costa Rica.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "04/11/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0007-1003501.json", "html_url": "/legal/doc/nexus-sen-1-0007-1003501", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1003501" }, { "id": "nexus-sen-1-0007-1004256", "citation": "Res. 21823-2020 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to public information on rural electrification faults and costs", "title_es": "Acceso a información pública sobre averías y costos de electrificación rural", "summary_en": "The Constitutional Chamber grants an amparo action against COOPEGUANACASTE R.L., a rural electrification cooperative, for refusing to release information requested by a citizen regarding fault reports and costs of mitigating wildlife electrocutions in the Papagayo area. The Chamber holds that, although a private entity, the cooperative occupies a position of power by providing an essential public service, and the requested information is of public interest, neither confidential nor part of its know-how. It orders the release of the information within ten days, with the sole exception of sensitive personal data protected by the Data Protection Law.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "wildlife-law-7317" ], "date": "13/11/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0007-1004256.json", "html_url": "/legal/doc/nexus-sen-1-0007-1004256", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1004256" }, { "id": "nexus-sen-1-0007-1006258", "citation": "Res. 22767-2020 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "ASADAS Santa Rita, La Tabla and Santa Isabel vs. MINAE et al. on water source contamination", "title_es": "ASADAS de Santa Rita, La Tabla y Santa Isabel vs. MINAE y otros sobre contaminación de fuentes de agua", "summary_en": "The Constitutional Chamber dismisses a claim of non-compliance brought by representatives of the ASADAs of Santa Rita, Santa Isabel, and La Tabla, who argued that the respondent authorities had failed to comply with Judgment No. 2019-695, which ordered the start of cleanup and elimination of pesticide residues from the water sources supplying those communities in Río Cuarto de Alajuela. The original judgment also provided for the creation of a single Inter-Institutional Plan and continuity of drinking water service. The Chamber finds that the authorities' reports show that monitoring, control, inspections, hydrogeological studies, and preventive measures—such as the proposed phase-out of 17 pesticides of concern—are being carried out. It explains that pesticide contamination is diffuse and that recovery of contaminated springs requires a natural degradation process once the use of contaminants is eliminated, so immediate 'cleanup' is not feasible. The Chamber clarifies that technical disagreements are not matters for amparo but for ordinary legal channels, and it rejects the non-compliance claim.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/11/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0007-1006258.json", "html_url": "/legal/doc/nexus-sen-1-0007-1006258", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1006258" }, { "id": "nexus-sen-1-0007-1013612", "citation": "Res. 18213-2020 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Challenge to Exception Allowing Purse Seine Tuna Fishing in Oceanic Polygon", "title_es": "Acción de inconstitucionalidad contra excepción de pesca de atún con red de cerco en polígono oceánico", "summary_en": "The Constitutional Chamber reviewed a constitutional challenge against Articles 13 and 14 of Executive Decree No. 38681-MAG-MINAE, which exceptionally allowed purse seine tuna fishing in the oceanic polygon of Costa Rica's Pacific Exclusive Economic Zone when there was a shortage of raw material for the national tuna industry. The majority denied the claim, provided that any authorization must be based on reliable and current technical-scientific studies, integrating obligations under the Law of the Sea and the principle of sustainable development. They found the measure reasonable, balancing environmental protection with the socio-economic needs of a vulnerable sector, as long as it wasn't granted unrestrictedly. Three justices dissented: two argued the norms lacked scientific support, violating the precautionary principle and the right to a healthy environment; the third found that the constitutional interpretation distorted the text, which only required a sworn statement and a productive-economic analysis, with no environmental foresight.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "art-50-constitution", "biodiversity-law-7788" ], "date": "23/09/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0007-1013612.json", "html_url": "/legal/doc/nexus-sen-1-0007-1013612", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1013612" }, { "id": "nexus-sen-1-0007-1013618", "citation": "Res. 00634-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Resolution 00634-2021 Constitutional Chamber — partial admission of action against Law 9610 on limits of Lomas de Barbudal Biological Reserve", "title_es": "Resolución 00634-2021 Sala Constitucional — admisión parcial de acción contra Ley 9610 sobre límites de Reserva Biológica Lomas de Barbudal", "summary_en": "The Constitutional Chamber partially admits the unconstitutionality action filed by Hacienda Ciruelas S.P.S.A. against Law 9610, which modified the boundaries of the Lomas de Barbudal Biological Reserve to enable the PAACUME water supply project. The Chamber will review the alleged violation of Article 45 of the Constitution (private property), Article 208 bis of the Legislative Assembly Rules (parliamentary procedure), and the principle of legal certainty. The petitioner now has standing based on a pending judicial matter where unconstitutionality was raised. On the remaining claims (violation of Articles 7 and 11 of the Constitution and the right to a healthy environment), the Chamber defers to its prior ruling 2020-013836, which dismissed the action by majority; dissenting votes found violations of the precautionary, non-regression, irreducibility, and environmental objectivity principles due to the lack of adequate technical studies justifying the reduction of the protected area.", "primary_topic_id": null, "topic_ids": [], "date": "13/01/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1013618.json", "html_url": "/legal/doc/nexus-sen-1-0007-1013618", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1013618" }, { "id": "nexus-sen-1-0007-1016347", "citation": "Res. 01706-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Installation of electrical poles in maritime-terrestrial zone and impact on sea turtles", "title_es": "Instalación de postes eléctricos en zona marítimo terrestre y afectación a tortugas marinas", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Santa Cruz for authorizing the installation of two electrical poles on Playa El Coco de Marbella, a highly fragile maritime-terrestrial zone, without prior environmental studies. The petitioner claimed that light pollution affected the nesting of leatherback and black turtles, violating the right to a healthy environment and international treaties. However, a municipal report proved that the poles had no lamps, so light pollution and habitat damage were ruled out. The Chamber partially granted the appeal solely for violation of the right to a prompt and complete justice, since the Municipal Council had not resolved the review appeal filed seven months earlier. It ordered the Council to resolve the appeal within eight days and awarded damages against the Municipality. The remaining claims were dismissed.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "29/01/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1016347.json", "html_url": "/legal/doc/nexus-sen-1-0007-1016347", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1016347" }, { "id": "nexus-sen-1-0007-1019088", "citation": "Res. 01414-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Eviction amparo dismissed for lack of subject-matter jurisdiction", "title_es": "Amparo de desalojo rechazado por incompetencia material", "summary_en": "The Constitutional Chamber decides an amparo action filed by a woman against the Legal Director of the Ministry of Public Security and the corporation Faro Negro S.A., who are allegedly evicting her from the place where she lives with her two children. The petitioner requests the Chamber's intervention to prevent the eviction, but she does not formulate a claim proper to constitutional amparo; rather, she makes a generic request for help. The Chamber recalls that amparo is designed to protect fundamental rights against concrete violations or threats, not to mediate in ordinary legality disputes. Since the filing does not fall within the Chamber's jurisdiction —it is not for the court to determine the legality of the eviction under applicable law or to intercede with the respondents—, the appeal is dismissed outright as inadmissible, pursuant to Article 9 of the Constitutional Jurisdiction Act.", "primary_topic_id": null, "topic_ids": [ "_off-topic", "procedural-environmental" ], "date": "22/01/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1019088.json", "html_url": "/legal/doc/nexus-sen-1-0007-1019088", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1019088" }, { "id": "nexus-sen-1-0007-1023020", "citation": "Res. 12746-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutionality of the Law Protecting Occupants of Special Zones", "title_es": "Inconstitucionalidad de la Ley de Protección a Ocupantes de Zonas Especiales", "summary_en": "The Constitutional Chamber declares unconstitutional the entirety of Law No. 9073, the Law for the Protection of Occupants of Special Zones, dated September 19, 2012. This law established a two-year moratorium on evictions, demolition of structures, and suspension of activities in the Maritime Terrestrial Zone, the Border Zone, and the State's Natural Heritage. The Chamber found that the law violated fundamental constitutional principles, including the precautionary principle, in dubio pro natura, the principle of non-regression in environmental matters, and the effective protection of public domain goods. It reasoned that the moratorium generically left public domain goods unprotected without technical criteria ensuring no environmental harm, and that suspending evictions contravened the State's duty to protect the environment and natural beauties. The ruling has declaratory and retroactive effects to the date the annulled norms took effect, without prejudice to good-faith acquired rights or consolidated legal situations.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution" ], "date": "10/07/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-1023020.json", "html_url": "/legal/doc/nexus-sen-1-0007-1023020", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1023020" }, { "id": "nexus-sen-1-0007-1025361", "citation": "Res. 07464-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to address environmental complaint at Higuito and Pilón Beaches", "title_es": "Omisión de atender denuncia ambiental en Playas Higuito y Pilón", "summary_en": "The Constitutional Chamber granted an amparo action filed by the president of the Pavones Chamber of Tourism against the Ministry of Health, the Municipality of Golfito, the Osa Conservation Area (SINAC), and other authorities. The plaintiff argued that despite having reported the existence of informal constructions and shacks —discharging untreated wastewater— on Higuito and Pilón beaches, more than a year had passed without a definitive response or resolution. The Chamber found that while the authorities conducted inter-institutional inspections and some communications, the underlying problem remained unaddressed and the complainant had not been properly informed. It held that the State's inaction violated the right to a healthy and ecologically balanced environment (Article 50 of the Constitution) and the precautionary principle. The Chamber ordered the agencies to coordinate and definitively resolve the complaint within three months and held the State and the Municipality liable for costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "16/04/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1025361.json", "html_url": "/legal/doc/nexus-sen-1-0007-1025361", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1025361" }, { "id": "nexus-sen-1-0007-1036144", "citation": "Res. 08855-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility for failure to comply with precaution in environmental amparo", "title_es": "Inadmisibilidad por incumplimiento de prevención en amparo ambiental", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed by Walter Brenes Soto against COOPEGUANACASTE R.L., the Ministry of Health, and SETENA. The claimant alleged lack of response to requests for copies of the administrative file of a ordinary waste gasification plant. However, the Chamber had ordered him to provide a certification of the cooperative's legal status and an exact address for notifications, warning that non-compliance would result in rejection. Despite being notified, the claimant did not comply within the three-day period. Consequently, the court applies Article 42 of the Constitutional Jurisdiction Law and declares the amparo inadmissible. The ruling does not examine the merits of the environmental issue or assess any potential violations of fundamental rights, limiting itself to noting the procedural non-compliance.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "30/04/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1036144.json", "html_url": "/legal/doc/nexus-sen-1-0007-1036144", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1036144" }, { "id": "nexus-sen-1-0007-1037393", "citation": "Res. 13750-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to environmental viability file of gasification plant", "title_es": "Acceso a expediente de viabilidad ambiental de planta gasificadora", "summary_en": "The Constitutional Chamber reviewed a habeas corpus (amparo) filed by an attorney who requested certified copies of the environmental viability administrative file for an Ordinary Waste Gasification Plant (D1-12116-2014) from SETENA, the Carrillo Health Governing Area, and Coopeguanacaste R.L. Regarding SETENA, the Court granted the appeal because it was not proven that the requirement to provide stamps had been notified to the petitioner, so the lack of response violated his right to petition. As for the Health Governing Area, the appeal was accepted on the grounds that the requirements imposed—demanding the purpose of the request and personal appearance—constituted unjustified obstacles to accessing public information, in violation of Article 30 of the Constitution and the Constitutional Jurisdiction Law. Finally, the appeal against Coopeguanacaste R.L. was dismissed because the petitioner was not a member of the cooperative and the information did not relate to the exercise of public functions; thus, ordinary remedies were the appropriate avenue. The Court ordered SETENA and the Health Governing Area to make the requested information available to the petitioner within three days, while safeguarding sensitive or confidential data.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "18/06/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1037393.json", "html_url": "/legal/doc/nexus-sen-1-0007-1037393", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1037393" }, { "id": "nexus-sen-1-0007-1040329", "citation": "Res. 15456-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for invasion of protection zone in Quebrada Seca, Garabito", "title_es": "Amparo por invasión de zona de protección en Quebrada Seca, Garabito", "summary_en": "The Constitutional Chamber granted the amparo filed by a resident of Jacó de Garabito against MINAE, the Ministry of Health, and the Municipality of Garabito. The complainant denounced the invasion of the protection zone of the Quebrada Seca river by the informal settlement \"El Hueco,\" in violation of Article 33 of the Forestry Law. The Chamber verified the environmental and public health impact, as well as the State's failure to provide a coordinated solution despite over twenty years of the problem. It ordered the respondent authorities to adopt, within three months, necessary measures for a definitive solution to the environmental problems, in coordination with competent entities. It also ordered the State, the Municipality, and SINAC to pay costs, damages, and losses. The ruling includes dissenting votes and notes on the Chamber's jurisdiction in environmental matters.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "09/07/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1040329.json", "html_url": "/legal/doc/nexus-sen-1-0007-1040329", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1040329" }, { "id": "nexus-sen-1-0007-1044698", "citation": "Res. 17471-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas corpus denied for lack of final sentence determination in criminal case involving forestry offenses", "title_es": "Improcedencia de hábeas corpus por falta de fijación definitiva de la pena en proceso penal con delitos forestales", "summary_en": "The Constitutional Chamber denied a habeas corpus petition filed by an inmate who claimed that the Criminal Trial Court of Pérez Zeledón had not forwarded a final conviction with a defined sentence, preventing him from accessing prison benefits and a proper sentence computation. The Chamber found that the sentence imposed on the inmate—for offenses including aggravated violations of the Psychotropic Substances Law, violations of the Forestry Law (invasion of a protected area, illegal logging, and land-use change), embezzlement, and usurpation of public property—was not final. The Appeals Court of Cartago had repeatedly struck down the sentencing portion and the legal characterization of the acts, ordering further retrials. The Chamber held there was no undue delay by the judicial authorities and that computation of the sentence requires the penalty to be fully final. It referred to prior rulings on the same matter, concluding that the inmate's fundamental rights had not been violated, as the delays stemmed from legitimate exercise of procedural remedies by the parties.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "06/08/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1044698.json", "html_url": "/legal/doc/nexus-sen-1-0007-1044698", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1044698" }, { "id": "nexus-sen-1-0007-1045456", "citation": "Res. 17792-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Closure of the Garabito Environmental Waste Park and accumulation of trash on public roads", "title_es": "Cierre del Parque Ambiental de Desechos de Garabito y acumulación de basura en vía pública", "summary_en": "The Constitutional Chamber heard an amparo action filed by the Garabito Chamber of Sustainable Commerce and Tourism against the Ministry of Health, the Municipality of Garabito, and the Environmental Administrative Tribunal, due to the accumulation of trash on streets, sidewalks, and public spaces after the closure of the Garabito Environmental Waste Park. The Chamber verified that since 2018, the Health Governing Area issued sanitary orders to close the landfill, but the Municipality repeatedly failed to comply, causing environmental pollution and risks to public health. It also confirmed the Ministry of Health's failure to follow up on criminal complaints and the Environmental Tribunal's inaction, which processed the administrative complaint only as a result of the amparo. The Chamber granted the appeal, ordering the involved institutions to coordinate effective compliance with the sanitary orders, monitor the complaints, and resolve the pending administrative file without delay, with costs awarded against the Municipality and the State.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/08/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1045456.json", "html_url": "/legal/doc/nexus-sen-1-0007-1045456", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1045456" }, { "id": "nexus-sen-1-0007-1047032", "citation": "Res. 19023-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo for unresolved exhortation", "title_es": "Inadmisibilidad de recurso de amparo por excitativa no resuelta", "summary_en": "The Constitutional Chamber declared inadmissible the amparo action filed by the Costa Rican Lifeguard Association against the Ministry of Health. The petitioner claimed that the Minister had not responded to a communication sent on May 17, 2021, requesting an update of Executive Decree No. 35309-S, “Reglamento de Piscinas Públicas de Costa Rica,” to prevent drownings. The Chamber found that the communication was a mere ‘excitativa’ or exhortation, not a request for information or a petition that obliged the Ministry to issue a formal response. As it was merely an encouragement for the authority to use its good offices, the filing was exhausted upon submission, and no duty to respond arose for the recipient. Consequently, no violation of constitutional rights was demonstrated, and the amparo was summarily dismissed under Article 9 of the Constitutional Jurisdiction Law.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "24/08/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1047032.json", "html_url": "/legal/doc/nexus-sen-1-0007-1047032", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1047032" }, { "id": "nexus-sen-1-0007-1047653", "citation": "Res. 19096-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Delay in paraquat ban violates precautionary principle", "title_es": "Retraso en la prohibición del paraquat lesiona principio precautorio", "summary_en": "The Constitutional Chamber heard an amparo against the Ministries of Health, Agriculture, Environment, and Labor for delaying the publication of an executive decree that would ban the herbicide paraquat. The petitioner alleged violations of the rights to life, health, and an ecologically balanced environment, as well as the precautionary principle. The Chamber found that since 2017 an inter-institutional commission had prepared a report on paraquat risks and a draft prohibition decree, which underwent public consultation in 2018 but was later abandoned without justification. While the court acknowledged it lacked jurisdiction to technically determine whether paraquat should be banned, it found an unjustified delay that rendered the report outdated and violated the precautionary principle. It granted the appeal and ordered the Minister of Health to convene the commission to update the report and decree proposal, and to issue his opinion within two months. Justice Hernández dissented, arguing for reduced Chamber intervention in environmental matters and deferral to administrative courts.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "art-50-constitution" ], "date": "27/08/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1047653.json", "html_url": "/legal/doc/nexus-sen-1-0007-1047653", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1047653" }, { "id": "nexus-sen-1-0007-1055584", "citation": "Res. 23215-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against IMAS for lack of budget liquidity", "title_es": "Amparo contra IMAS por falta de liquidez presupuestaria", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a woman in extreme poverty with four children (one with disorders), who had requested financial assistance from the Joint Social Welfare Institute (IMAS). IMAS approved the Basic Needs Benefit in April 2021 but conditioned disbursement on budget liquidity, leaving her on a waiting list for months. The Chamber, by majority, granted the amparo under Article 52 of the Constitutional Jurisdiction Law, noting that after being notified of the amparo, IMAS approved a monthly payment of 75,000 colones from October to December 2021. IMAS was ordered to pay costs and damages, as the Chamber deemed the omission affected the petitioner's economic rights. Judges Castillo Víquez and Garro Vargas dissented, arguing that the lack of liquidity was not arbitrary and that social rights are contingent upon resource availability, so the amparo should have been denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/10/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1055584.json", "html_url": "/legal/doc/nexus-sen-1-0007-1055584", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1055584" }, { "id": "nexus-sen-1-0007-1058645", "citation": "Res. 24807-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber orders completion of studies on Fipronil's impact on pollinators", "title_es": "Sala Constitucional ordena culminar estudios sobre afectación del Fipronil en polinizadores", "summary_en": "The Constitutional Chamber heard an amparo action filed by the Ombudsperson against the Ministry of Agriculture, Ministry of Health, and Ministry of Environment, alleging lack of regulation of the insecticide Fipronil, linked to mass bee deaths and risks to biodiversity and human health. The Chamber found that while there was technical evidence (DIGECA report) showing unacceptable risks to bees and other organisms, an interinstitutional working group was already conducting analyses and drafting regulatory proposals. It did not order an immediate ban or cancellation of registrations—deeming those technical matters—but granted the appeal for violation of the precautionary principle and the right to a healthy environment. It ordered the interinstitutional team to complete all required technical studies within three months and issue a final report. If the report finds that agricultural or veterinary use of Fipronil causes serious harm to pollinators, it must include appropriate measures to address the situation and a timeline for implementation.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "art-50-constitution" ], "date": "05/11/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1058645.json", "html_url": "/legal/doc/nexus-sen-1-0007-1058645", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1058645" }, { "id": "nexus-sen-1-0007-1060612", "citation": "Res. 15449-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "National convenience declaration for Atenas water supply is constitutional", "title_es": "Declaratoria de conveniencia nacional del acueducto de Atenas no es inconstitucional", "summary_en": "The Constitutional Chamber dismissed the unconstitutionality action against Executive Decree No. 40675-MINAE, which declared the 'Improvements to the Atenas Water Supply System' project of national convenience. The plaintiff argued the decree allowed tree felling in the Los Chorros Recreational Park, allegedly State Natural Heritage, violating the principle of forest irreductibility. The Chamber found the decree does not authorize indiscriminate logging, but rather limited, proportional, and reasonable cutting, expressly excluding State Natural Heritage lands. It balanced the right to a healthy environment with the human right to drinking water, given a declared health emergency in Atenas. It concluded that properties of the Costa Rican Institute of Aqueducts and Sewers destined for water catchment and distribution are national heritage with a specific legal purpose, so they cannot be blocked by forestry regulations for essential water supply works. The action was dismissed in its entirety.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "07/07/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1060612.json", "html_url": "/legal/doc/nexus-sen-1-0007-1060612", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1060612" }, { "id": "nexus-sen-1-0007-1063879", "citation": "Res. 20047-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental Pollution from Illegal Gold Mining in Crucitas and State Omission", "title_es": "Contaminación ambiental por minería ilegal de oro en Crucitas y omisión estatal", "summary_en": "The Constitutional Chamber granted an amparo action against the Ministry of Environment and Energy (MINAE) and the Ministry of Health for their failure to protect the environment and public health from mercury pollution and other damages caused by illegal gold mining in the Crucitas area, San Carlos. The Chamber found it proven that the respondent authorities had full knowledge of the serious environmental harm since 2017 –including deforestation, mercury contamination of soil and water bodies, and the commission of multiple crimes– and that, despite numerous reports and monitoring, they failed to adopt a comprehensive and effective plan for mitigation, restoration, and definitive control of the illegal activity. It concluded that the described actions consisted of coordination and surveillance measures insufficient to stop the damage, violating the right to a healthy and ecologically balanced environment (Article 50 of the Constitution) and the principles of prevention and precaution. It ordered the respondent ministries, in coordination with other institutions, to submit within six months a plan with concrete environmental mitigation measures, ecosystem restoration, definitive control of illegal mining, and an execution timetable, under warning of incurring the criminal liabilities set forth in the Constitutional Jurisdiction Law. The Chamber emphasized that this ruling represents an institutional effort to ensure that the operability of the fundamental right to the environment is grounded in tangible reality and not only in the formal sphere of its recognition.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "environmental-law-7554", "criminal-environmental" ], "date": "03/09/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1063879.json", "html_url": "/legal/doc/nexus-sen-1-0007-1063879", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1063879" }, { "id": "nexus-sen-1-0007-1066421", "citation": "Res. 00364-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo Against Fireworks Decree Without Application Act", "title_es": "Inadmisibilidad de amparo contra Decreto de pólvora sin acto de aplicación", "summary_en": "The Constitutional Chamber declares inadmissible the amparo filed by Rafael Ángel Paniagua Sáenz against the Executive Branch, the Ministry of Health, and the Ministry of Public Security. The petitioner challenged the constitutionality of Executive Decree No. 27502-S (Regulation on the Use and Manufacture of Pyrotechnic Materials), arguing that authorizations for the import, use, and sale of fireworks violate the right to a healthy environment (Article 50 of the Constitution), human health, and animal protection. The Chamber bases its decision on the fact that, pursuant to Article 30(a) in relation to Article 48 of the Constitutional Jurisdiction Law, amparo against regulations is only admissible when there is an individual act of application that infringes fundamental rights. The petitioner failed to identify any specific act of application directly affecting him, making the proper route a direct constitutional challenge (acción de inconstitucionalidad). The ruling dismisses the appeal outright without addressing the merits of the environmental and health arguments.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1066421.json", "html_url": "/legal/doc/nexus-sen-1-0007-1066421", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1066421" }, { "id": "nexus-sen-1-0007-1066440", "citation": "Res. 27834-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on Glyphosate use at Arenal reservoir rejected for failure to comply with court order", "title_es": "Amparo sobre uso de Glifosato en embalse Arenal rechazado por incumplir prevención", "summary_en": "The Constitutional Chamber summarily dismissed the amparo action filed by the National Chamber for Beekeeping Promotion against ICE, MINAE, and the Ministry of Health. The petitioner alleged that ICE applied glyphosate-based herbicides around Lake Arenal, harming bees, local fauna and flora, and polluting the Ramsar-site lake. However, the Chamber had previously ordered the petitioner to demonstrate that it had first filed complaints with the respondent authorities, warning that failure to do so would result in dismissal. The deadline expired without compliance. Consequently, the Chamber rejected the action as inadmissible under Article 42 of the Constitutional Jurisdiction Law. The court did not address the merits of the case, applying only the procedural sanction for non‑compliance with its order.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "14/12/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1066440.json", "html_url": "/legal/doc/nexus-sen-1-0007-1066440", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1066440" }, { "id": "nexus-sen-1-0007-1066595", "citation": "Res. 00001-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline for Turrialba landfill closure", "title_es": "Ampliación de plazo para cierre de vertedero en Turrialba", "summary_en": "The Constitutional Chamber addresses the request filed by the mayor of Turrialba for an additional twelve-month extension to comply with the action plan ordered in previous rulings, aimed at resolving the environmental problems caused by the municipal landfill. The Court acknowledges the complexity of handling new public projects, especially those involving environmental, health, and municipal matters. It verifies that the previously granted deadline has been insufficient to achieve a definitive solution. The Court grants the request and extends the deadline by twelve additional months, ordering the mayor to report quarterly on progress regarding the solid waste transfer station project and measures taken at the current landfill, with copy to the Health Authority. It reiterates the obligation to adopt interim measures for controlling gases and leachate until the reported situation is resolved.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1066595.json", "html_url": "/legal/doc/nexus-sen-1-0007-1066595", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1066595" }, { "id": "nexus-sen-1-0007-1066599", "citation": "Res. 00005-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Contempt in amparo over solid waste management in Paquera", "title_es": "Desobediencia en amparo por manejo de residuos sólidos en Paquera", "summary_en": "The Constitutional Chamber dismisses a contempt motion filed in an amparo concerning solid waste management in the Paquera district. The original judgment ordered the municipal authorities and the Ministry of Health to immediately restore waste collection services and provide a definitive solution within ten months. A previous contempt motion was denied, but the Chamber instructed the authorities to “take note” of the petitioner's complaints about communities without periodic collection. The petitioner now alleges non-compliance with that note. The Chamber clarifies that a “take note” instruction is not a binding order subject to contempt proceedings, but merely a recommendation. Furthermore, the reports show extraordinary weekly collection has been implemented in high-impact areas, ruling out any violation of the main order. The motion is therefore denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1066599.json", "html_url": "/legal/doc/nexus-sen-1-0007-1066599", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1066599" }, { "id": "nexus-sen-1-0007-1066624", "citation": "Res. 00059-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noise pollution from commercial premises is not within amparo jurisdiction", "title_es": "Contaminación sónica de local comercial no es competencia de amparo", "summary_en": "The Constitutional Chamber summarily dismissed an amparo filed by a resident of Tilarán against the commercial establishment Playa Tila for alleged noise and light pollution. The petitioner argued that the business was operating under irregularly obtained municipal licenses and that the Ministry of Health had not properly addressed neighbors' complaints, most of whom were elderly. The petitioner's legal representative acknowledged that the Ministry of Health had processed the complaints and technically determined that the noise levels measured complied with regulations; the petitioner's dissatisfaction was thus with that technical assessment's outcome. The Chamber held that reviewing whether the Ministry of Health acted lawfully and whether the municipal licenses should be revoked are issues of mere legality to be debated through administrative or ordinary judicial channels, not in an amparo proceeding, which is reserved for direct violations of fundamental rights.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1066624.json", "html_url": "/legal/doc/nexus-sen-1-0007-1066624", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1066624" }, { "id": "nexus-sen-1-0007-1066663", "citation": "Res. 00180-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Fisher participation in Isla del Coco expansion", "title_es": "Participación pesquera en ampliación Isla del Coco", "summary_en": "The Constitutional Chamber dismisses an amparo action brought by artisanal fishers against the Ministry of Environment and Energy (MINAE), claiming the absence of a mandatory prior consultation with coastal communities regarding the expansion of Isla del Coco National Park and the Montes Submarinos Marine Management Area. The majority holds that the dispute over whether a prior public consultation should have been conducted is a matter of ordinary legality, not a direct violation of fundamental rights, and must therefore be resolved through administrative or contentious-administrative channels, not constitutional jurisdiction. The Chamber relies on precedents establishing that the principle of citizen participation, though recognized in Article 9 of the Constitution, is developed and enforced through infra-constitutional norms and ordinary courts, except in exceptional cases. One judge dissents, issuing an extensive opinion arguing that citizen participation is a genuine fundamental right with constitutional and convention-based backing, and that environmental public consultation is a pillar of the democratic system; he thus considers the amparo admissible to fully examine the alleged harm.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1066663.json", "html_url": "/legal/doc/nexus-sen-1-0007-1066663", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1066663" }, { "id": "nexus-sen-1-0007-1067363", "citation": "Res. 00157-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed on gas station cancellation", "title_es": "Rechazo de amparo sobre cancelación de servicentro", "summary_en": "The Constitutional Chamber summarily dismisses an amparo action filed by an ecological development association against the General Directorate of Transportation and Fuel Marketing. The petitioner had requested the definitive cancellation of the public service concession for a gas station, alleging violations. The authority responded that its inaction was due to ongoing proceedings before the Environmental Administrative Tribunal. The Chamber finds that the claim is not about lack of response but about disagreement with the response, which constitutes an ordinary legality dispute to be resolved through the appropriate administrative or judicial channels, not before the constitutional court. The Chamber lacks jurisdiction to order the cancellation of a public service, and thus dismisses the amparo as manifestly inadmissible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067363.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067363", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067363" }, { "id": "nexus-sen-1-0007-1067515", "citation": "Res. 00439-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Stream overflow and municipal omission in Paraíso de Cartago", "title_es": "Desbordamiento de quebrada y omisión municipal en Paraíso de Cartago", "summary_en": "The Constitutional Chamber hears an amparo action filed by residents of Barrio La Soledad, in Paraíso de Cartago, who for over twelve years have suffered recurrent flooding due to the overflow of the Pollo River stream, caused by inadequate underground piping that leads to blockages. The petitioners argue that the floods endanger their lives, the integrity of their properties, and cause environmental contamination, particularly affecting persons with reduced mobility and elderly neighbors. Despite multiple requests to the Municipality of Paraíso, including a meeting with the mayor and a technical report acknowledging the problem and proposing solutions, the municipal authority has failed to carry out the necessary works, citing lack of budget. The Chamber finds that the risk situation persists and that the municipal omission violates the fundamental rights of the petitioners. Consequently, it grants the amparo and orders the municipal authorities to take, within six months, all necessary actions to definitively solve the flooding problem, under warning of the sanctions provided in the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067515.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067515", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067515" }, { "id": "nexus-sen-1-0007-1067520", "citation": "Res. 00507-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noise Pollution from EBAIS Air Conditioners", "title_es": "Contaminación sónica por aires acondicionados de EBAIS", "summary_en": "The Constitutional Chamber reviews an amparo filed against the CCSS and the Ministry of Health for failing to timely address a noise pollution complaint. The claimant, owner of a hotel adjacent to the Río Claro EBAIS in Golfito, reported in January 2021 that noise from the health center's air conditioning condenser units was driving away guests. Ministry of Health measurements in March and April 2021 confirmed that noise exceeded permitted limits, leading to a sanitary order requiring a noise confinement plan. However, after eleven months, no definitive solution was in place. The Chamber finds the response untimely and, despite a December 2021 measurement showing compliance, further measures were still needed. It grants the amparo and orders the director of the Golfito Health Area to definitively resolve the problem within one month.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067520.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067520", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067520" }, { "id": "nexus-sen-1-0007-1067527", "citation": "Res. 00848-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline for road repair in Oreamuno", "title_es": "Ampliación de plazo para arreglo de calle en Oreamuno", "summary_en": "The Constitutional Chamber addressed a post-judgment motion by the Municipality of Oreamuno and the Ministry of Health regarding a ruling that had granted an amparo for noise pollution from a sawmill and poor road conditions. The Municipality requested an extension from six to twelve months to fix the road, citing budgetary adjustments and procurement processes. The Chamber found the request reasonable and extended the deadline by an additional six months. The Ministry of Health claimed lack of notification, but the Chamber verified it was notified and failed to submit its report on time, so its motion was rejected. This resolution is purely procedural and does not address environmental merits or establish novel legal standards.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067527.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067527", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067527" }, { "id": "nexus-sen-1-0007-1067544", "citation": "Res. 00415-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flies and foul odors from poultry farm: lack of diligence by authorities", "title_es": "Moscas y malos olores por granja avícola: falta de diligencia de autoridades", "summary_en": "The Constitutional Chamber hears an amparo action filed by a neighbor against the Ministry of Health and the National Animal Health Service (SENASA) due to persistent flies and foul odors from the PECASA poultry farm, affecting his home and his family's health. The plaintiff had filed complaints since January 2021, but after multiple inspections and sanitary orders, the problem remained unresolved when the action was filed. The Chamber finds that although the authorities addressed the complaints, there was unjustified inertia and a lack of diligence in follow-up, since months passed after the infestation was verified in May 2021 without correcting the situation. The amparo is granted based on violation of the right to a healthy and ecologically balanced environment and the right to health, with no award of costs. The respondent authorities are ordered to diligently follow up on compliance with the latest sanitary order.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067544.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067544", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067544" }, { "id": "nexus-sen-1-0007-1067558", "citation": "Res. 00469-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response to request for information on arsenic contamination in Guanacaste", "title_es": "Amparo por falta de respuesta a solicitud de información sobre contaminación por arsénico en Guanacaste", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a representative of the Asociación Confraternidad Guanacasteca against the Ministry of Health, alleging failure to respond to a September 6, 2021 request for detailed information on the Ministry’s actions regarding arsenic contamination of drinking water in several Guanacaste communities. The Chamber found that some requests were not protected information petitions (such as meeting requests and exhortations), while others were partially answered during the proceedings. However, it confirmed that responses were still lacking for various epidemiological studies, health impact data, mortality statistics, ambulance transfers, and measures taken. Additionally, the Chamber separated the claim of disobedience to prior rulings (2013-007598 and 2014-014654) for independent processing. The amparo was partially granted, ordering the Minister of Health to provide a complete response within 15 days on the unanswered items, with costs imposed on the State.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067558.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067558", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067558" }, { "id": "nexus-sen-1-0007-1067563", "citation": "Res. 00503-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to respond to request for information regarding health order", "title_es": "Falta de respuesta a solicitud de información sobre orden sanitaria", "summary_en": "The Constitutional Chamber reviewed an amparo action filed against the Ministry of Health for failing to respond to a request for information. The petitioner, president of an environmental association, had filed a complaint against the Municipality of Jiménez for using herbicides in public spaces, which led to a health order. She later requested additional information from the health authority: the technical inspection report and clarifications regarding the scope of the order. The respondent authority did not prove that it had provided this information, even though the request was made to an official email address. The Chamber found a violation of the right of access to public information. Consequently, it granted the amparo, ordering the Director of the Turrialba Health Area to provide a response within ten days, with a warning of criminal liability for non-compliance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067563.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067563", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067563" }, { "id": "nexus-sen-1-0007-1067571", "citation": "Res. 00522-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "School green-zone maintenance and the right to environmental health", "title_es": "Mantenimiento de zonas verdes escolares y derecho a la salud ambiental", "summary_en": "The Constitutional Chamber reviewed an amparo filed by an elderly woman and neighbors of Barrio Córdoba, Zapote, against the Ministry of Public Education, due to the lack of maintenance of the green areas at the Dr. Castro Madriz School. The plaintiff claimed that overgrown grass caused a proliferation of mosquitoes and rodents, harming the health and hygiene of residents, and that despite multiple requests, the school authorities had failed to address the issue. The Chamber relied on its established case law regarding the right to health and a healthy and ecologically balanced environment (Articles 21 and 50 of the Constitution), and stressed the State's duty to take material measures to guarantee these rights. It found that the plaintiff had submitted at least five requests since April 2021, and that only after the amparo was notified (December 1, 2021) did the school cut the grass. Therefore, the Chamber declared the amparo well-founded, without awarding costs or damages, considering that the extrajudicial satisfaction of the claim made such an award inappropriate. It reminded the authorities of their duty to carry out preventive maintenance to protect the environment and the health of students and neighbors.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067571.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067571", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067571" }, { "id": "nexus-sen-1-0007-1067588", "citation": "Res. 00567-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of Access to Information on Environmental Complaint about Herbicides", "title_es": "Derecho de acceso a información sobre denuncia ambiental por herbicidas", "summary_en": "The petitioner, a forestry engineer and president of the Biodiversity Coordination Network, filed an environmental complaint with the Ministry of Health against the Municipality of Santa Bárbara for using prohibited herbicides in public spaces. After a sanitary order was issued, she requested the technical inspection report and the sanitary order from the Santa Bárbara Health Area, but received no response for over two months. The Constitutional Chamber held that her rights of access to information and petition were violated, as the information was only provided after the amparo petition was notified. Consequently, the amparo was granted, but without an award of costs, damages, or losses, on the grounds that the claim did not directly affect a fundamental right of a patrimonial nature.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067588.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067588", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067588" }, { "id": "nexus-sen-1-0007-1067595", "citation": "Res. 00577-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response to herbicide complaint", "title_es": "Amparo por falta de respuesta a denuncia sobre herbicidas", "summary_en": "The Biodiversity Coordination Network Association filed an amparo action against the Ministry of Health, alleging lack of response to a complaint filed on August 24, 2021, against the Municipality of San Rafael de Heredia for violation of a health alert on herbicide use in human coexistence spaces, specifically the use of Bastar 14SL herbicide. The Constitutional Chamber found that, contrary to the allegations, the Ministry of Health did respond: it conducted inspections, issued reports, and notified the complainant of its findings. The health authority indicated that the product used by the municipality was authorized and no violation was detected. The Chamber concluded there was no violation of fundamental rights and that the complainant's dissatisfaction with the outcome is a matter of ordinary legality to be pursued through administrative or judicial channels, not constitutional. The amparo is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067595.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067595", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067595" }, { "id": "nexus-sen-1-0007-1067596", "citation": "Res. 00580-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response to environmental information request regarding herbicides in Puriscal", "title_es": "Amparo por falta de respuesta a solicitud de información ambiental sobre herbicidas en Puriscal", "summary_en": "The Constitutional Chamber reviews an amparo filed by the president of the Biodiversity Coordination Network against the Ministry of Health for failing to respond to an information request submitted on October 18, 2021, concerning a complaint about the use of herbicides by the Municipality of Puriscal. The evidence shows that the request was sent to official Ministry email accounts, and despite an initial acknowledgment, a substantive response was only provided after the amparo’s initial order was served (December 10, 2021). The Chamber reiterates its case law on the right of petition and access to administrative information exercised through electronic means, and grants the amparo under Article 52 of the Constitutional Jurisdiction Law, as the omission ceased during the proceedings. However, the majority declines to award costs, damages, or losses, reasoning that the claim does not directly involve a fundamental right of a patrimonial nature, and the affected party retains the option of an ordinary proceeding to seek any proven harm.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067596.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067596", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067596" }, { "id": "nexus-sen-1-0007-1067598", "citation": "Res. 00584-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Notify Inspection Results After Municipal Environmental Complaint", "title_es": "Omisión de notificar resultado de inspección tras denuncia ambiental municipal", "summary_en": "The Constitutional Chamber heard an amparo action filed by a Grecia resident against the Municipality of Grecia. The plaintiff alleged that since April 2021 she had filed a complaint about dirty, contaminated water being channeled from a cantonal road into her property, causing health and property damage. Although the municipality carried out an on-site inspection in September 2021 and issued recommendations for a solution — findings communicated to the Mayor by official letter — it never notified the complainant of those results. The Chamber found that this omission violated the plaintiff's right to a prompt and effective response. It therefore granted the amparo, ordered the Mayor to notify the inspection results within three days, and awarded costs, damages, and losses against the municipality.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067598.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067598", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067598" }, { "id": "nexus-sen-1-0007-1067609", "citation": "Res. 00613-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against ARESEP for failure to respond and environmental complaint", "title_es": "Amparo contra ARESEP por omisión de respuesta y denuncia ambiental", "summary_en": "The Constitutional Chamber ruled on an amparo appeal filed against ARESEP for failure to respond to a request for information about a gas station's records. The petitioner also reported alleged fuel dispenser tampering and environmental damage, invoking the in dubio pro natura principle. The Chamber distinguished between the administrative complaint and the information request. Regarding the delay in resolving the complaint, the amparo was denied, as it was a matter of ordinary legality to be heard by the administrative courts. As for the information request, the amparo was granted because ARESEP responded only after being notified of the action. The majority did not award costs, damages, or losses. A note by Judge Castillo Víquez on jurisdiction over the right of petition is included.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067609.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067609", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067609" }, { "id": "nexus-sen-1-0007-1067635", "citation": "Res. 00668-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Duty to respond to information requests on health alerts via email", "title_es": "Deber de respuesta a solicitudes de información sanitaria vía correo electrónico", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by the Biodiversity Coordination Network Association against the Ministry of Health, alleging that no response had been received to an information request submitted on November 8, 2021, regarding the existence of a sanitary order issued against the Municipality of Alajuelita for using glyphosate-based herbicides, following a prior complaint. The Chamber granted the action, finding that while the Ministry had addressed the initial complaint by seizing the substance and informing the petitioner of those actions, it had failed to respond to the specific request about the sanitary order, only explaining its non-existence in the report submitted to the Constitutional Court. The ruling emphasizes the obligation of public entities to answer citizens' information requests within a reasonable time and through official channels, ordering the State to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067635.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067635", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067635" }, { "id": "nexus-sen-1-0007-1067685", "citation": "Res. 00792-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative response deadlines for zoo permits", "title_es": "Plazos de respuesta administrativa en permisos de zoológico", "summary_en": "The Association La Galería del Arte Increíble Niños Salvando el Bosque filed, in August 2019, before the Quepos Subregional Office of the Central Pacific Conservation Area (ACOPAC-SINAC), the management plan and other documentation to obtain the operating permit for the Kids Saving the Rainforest zoo. After more than two years of processing without a final administrative decision, it filed an amparo petition claiming a violation of the right to a prompt and diligent administration of justice. The Constitutional Chamber rejected the petition outright, holding that verifying compliance with statutory deadlines for resolving administrative procedures is a matter of ordinary legality, which must be heard by the administrative-contentious jurisdiction. The ruling emphasizes that, following the entry into force of the Code of Administrative-Contentious Procedure (Law No. 8508), there is an adequate, expeditious, and swift procedural channel for protecting the substantive legal positions of persons subject to administration, and it is not the Constitutional Chamber's role to replace that avenue. Justice Castillo Víquez added a note maintaining that the recently enacted Law on the Regulation of the Right to Petition (No. 9097) does not compel the Chamber to alter its case law, since the Chamber defines its own jurisdiction under Article 7 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1067685.json", "html_url": "/legal/doc/nexus-sen-1-0007-1067685", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1067685" }, { "id": "nexus-sen-1-0007-1068106", "citation": "Res. 01053-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality Must Address Sewage Contamination and Streambank Erosion", "title_es": "Municipalidad debe solucionar contaminación por aguas negras y erosión en cauce", "summary_en": "The Constitutional Chamber heard an amparo filed by a homeowner in Desamparados, Alajuela, who complained that a stream near her house, originally for rainwater, now carries soapy and black waters that stagnate in summer, causing bad odors and mosquito proliferation. The increased flow has also eroded the banks and caused trees to fall, one of which still poses a risk. The National Emergency Commission (CNE) recommended in November 2020 the removal of trees and the construction of works to protect the margins. Although the Municipality of Alajuela took some actions, the Chamber found that the issues were not definitively resolved, violating the right to a healthy environment and health. The municipality was ordered to fully solve the reported problems within three months, with warning of criminal penalties for non-compliance.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "14/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1068106.json", "html_url": "/legal/doc/nexus-sen-1-0007-1068106", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1068106" }, { "id": "nexus-sen-1-0007-1068112", "citation": "Res. 01081-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Herbicide complaint attended and notified, amparo denied", "title_es": "Denuncia por herbicidas atendida y notificada, amparo sin lugar", "summary_en": "The Constitutional Chamber resolves an amparo filed by a biodiversity association against the Ministry of Health for the alleged lack of response to a complaint regarding the use of herbicides by the Municipality of San Rafael de Heredia. The complaint was based on violation of the Health Alert on herbicide use in human coexistence spaces, due to the application of Bastar 14 SL. The Chamber finds that, despite the plaintiff's claims, the Ministry did address the complaint: on September 9, 2021, it communicated that the product used was authorized and no non-compliance was detected, and on September 10, after the plaintiff's objection, a new inspection was carried out and she was informed that the herbicide was not found. Thus, the Chamber considers that the administration fulfilled its duty to process and notify the outcome. Any dissatisfaction with the decision is a matter of ordinary legality that does not belong in constitutional jurisdiction. Consequently, the amparo is denied, referring the plaintiff to what was already decided in a prior identical ruling.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1068112.json", "html_url": "/legal/doc/nexus-sen-1-0007-1068112", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1068112" }, { "id": "nexus-sen-1-0007-1068124", "citation": "Res. 01173-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to Petition and Timely Response on 5G Network Implementation", "title_es": "Derecho de petición y pronta respuesta sobre implementación de red 5G", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a citizen against the Ministry of Science, Technology and Telecommunications (MICITT) for failing to respond to an information request about the 5G network project submitted on November 24, 2021. The authority claimed the delay was due to the complexity of the queries and year-end institutional closure. The Chamber found a violation of the constitutional right to petition (Article 27), as the Ministry did not reply within a reasonable time nor inform the petitioner of the reasons for the delay or an estimated response date. However, because the Ministry provided the answer during the proceeding (January 5, 2022), the appeal was granted solely for purposes of damages and costs. The majority held that costs and damages were not applicable in this instance, while one justice dissented partially, arguing that the finding of a rights violation automatically requires an award of costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "14/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1068124.json", "html_url": "/legal/doc/nexus-sen-1-0007-1068124", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1068124" }, { "id": "nexus-sen-1-0007-1068233", "citation": "Res. 00421-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Uninhabitability of dwelling in national reserve and municipal storm-drainage duties", "title_es": "Inhabitabilidad de vivienda en reserva nacional y deberes municipales de alcantarillado pluvial", "summary_en": "The Constitutional Chamber hears an amparo action filed by two residents of Barrio Los Ángeles, Tejar de El Guarco, against the Municipality of El Guarco and the local Health Area Directorate. The petitioners allege that the ditch adjoining their home collapsed due to rains and lack of maintenance, causing foul odors, mosquito breeding, and structural damage. They request that the municipality be ordered to clean the channel, build adequate drainage, and pipe the ditch. The Chamber examines municipal duties regarding storm drainage and the right to a healthy environment, but notes that the dwelling lies within the Reventado River National Reserve, established by Law No. 3459 and Executive Decree No. 22834-MOPT-MVAH, without a construction permit. Furthermore, the Ministry of Health issued a sanitary order declaring the house uninhabitable and ordering its evacuation and demolition, and the National Emergency Commission recommended preventive evacuation. The Chamber holds that no unlawful conduct by the respondent authorities has been shown and denies the amparo.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1068233.json", "html_url": "/legal/doc/nexus-sen-1-0007-1068233", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1068233" }, { "id": "nexus-sen-1-0007-1068313", "citation": "Res. 00562-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for AyA's failure to respond on water availability", "title_es": "Amparo por falta de respuesta del AyA sobre capacidad hídrica", "summary_en": "The Desamparados Ecologist Group filed an amparo action against the Costa Rican Institute of Aqueducts and Sewers (ICAA) for failing to respond to their challenge of the water availability certificate granted to the La Arboleda housing project. The applicants noted that AyA's communication PRE-2021-2021 stated there was no water or sewage availability, yet a Water Capacity Certificate (CCH) was issued subject to improvements to the aqueduct. They sought correction via communication 011-ASECODES-2021, sent to presidencia@aya.go.cr. Although AyA acknowledged receipt and processed the request, it did not notify the petitioners of the outcome. The Constitutional Chamber granted the amparo, ordering AyA to notify the result within three days. Magistrate Castillo Víquez dissented, finding the email was not an official channel and thus no violation occurred.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1068313.json", "html_url": "/legal/doc/nexus-sen-1-0007-1068313", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1068313" }, { "id": "nexus-sen-1-0007-1068412", "citation": "Res. 00746-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Termination of Interim Conservation Director Due to Reinstatement of Permanent Holder", "title_es": "Cese de Directora interina de Conservación por reinstalación de titular", "summary_en": "The Constitutional Chamber resolves an amparo filed by an employee of the Ministry of Environment and Energy (MINAE) who was removed from her interim position as Director of the Osa Conservation Area to comply with a precautionary measure ordering the reinstatement of the permanent holder, as mandated by the Labor Court of the First Judicial Circuit of San José. The petitioner argues her termination is illegal and violates her labor stability, requesting reinstatement to her former position as Director of the Tortuguero Conservation Area, where she claims greater suitability. The Chamber declares the amparo inadmissible, reaffirming that interim officials have limited stability and no right to remain when the permanent holder is reinstated, and that accepting an interim promotion extinguishes the right to the previous interim post. The appropriate recourse for discussing suitability and employment claims is the ordinary jurisdiction, not a constitutional amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1068412.json", "html_url": "/legal/doc/nexus-sen-1-0007-1068412", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1068412" }, { "id": "nexus-sen-1-0007-1068537", "citation": "Res. 01039-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal sidewalk charges and due process", "title_es": "Cobro municipal de aceras y debido proceso", "summary_en": "The Constitutional Chamber hears an amparo filed by the representative of MAYIMAR S.A. against the Municipality of Vásquez de Coronado, alleging violation of due process and non-retroactivity in the collection of a fine for sidewalk construction based on Articles 84 and 85 of the Municipal Code, as amended by the Pedestrian Mobility Law (Law No. 9976). The plaintiff argues the charge is illegal because the municipality did not build the sidewalks, the fine is not in force due to lack of regulation, and it is being applied retroactively. The Chamber rules that it is not its role to define the fine's requirements, but it examines the due process claim. It concludes there was no violation, as the plaintiff was duly notified of the amounts and concepts, and had the opportunity to challenge the charge via a revocation appeal with subsidiary appeal, which was resolved in the first instance and referred to the hierarchical superior. Therefore, the amparo is denied, as procedural guarantees were respected.", "primary_topic_id": null, "topic_ids": [], "date": "14/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1068537.json", "html_url": "/legal/doc/nexus-sen-1-0007-1068537", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1068537" }, { "id": "nexus-sen-1-0007-1068565", "citation": "Res. 01139-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noise pollution from commercial establishment without proper sanitary measures", "title_es": "Contaminación sónica por local comercial sin medidas sanitarias adecuadas", "summary_en": "The petitioner alleged that the Mercado Gastronómico Skala generated noise pollution, crowds, and other nuisances that the Ministry of Health and the Municipality of San José had failed to address. The Chamber examined the reports and found that the authorities had responded to all complaints, conducting inspections, noise measurements, and notifying the results. The Ministry of Health closed complaints where no violations were found, except for one still pending and another awaiting notification, which was not considered unreasonable. Regarding the Municipality, the Municipal Police responded to calls, and the Licensing Section carried out inspections and reported on the licenses. The Chamber dismissed the amparo, finding no omissions or fundamental rights violations. It further noted that the legality of administrative actions must be challenged through ordinary administrative courts, not amparo.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1068565.json", "html_url": "/legal/doc/nexus-sen-1-0007-1068565", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1068565" }, { "id": "nexus-sen-1-0007-1068592", "citation": "Res. 01266-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for failure to file prior administrative complaint", "title_es": "Rechazo de amparo por falta de denuncia previa ante autoridades administrativas", "summary_en": "The Constitutional Chamber summarily dismisses the amparo petition filed by a resident of San Francisco de Dos Ríos against several public entities. The petitioner alleged sonic and environmental contamination, drug sales, and public safety issues at Okayama Park, claiming violation of his fundamental rights. The Chamber reiterates that it is not a complaint-processing body and must not substitute for the active Administration in its powers. It holds that in such cases, citizens must first lodge their claims formally and in writing with the competent administrative authorities or resort to ordinary courts before filing an amparo. Constitutional relief is only available if, after an unreasonable delay, the Administration has failed to act effectively and a threat or harm to a fundamental right persists. Because the petitioner admitted he had not filed any prior complaint, the Chamber dismisses the petition as manifestly inadmissible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1068592.json", "html_url": "/legal/doc/nexus-sen-1-0007-1068592", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1068592" }, { "id": "nexus-sen-1-0007-1068701", "citation": "Res. 01023-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flooding in 23 Millas de Matina due to unpermitted dike", "title_es": "Inundaciones en 23 Millas de Matina por dique sin permisos", "summary_en": "The Constitutional Chamber hears an amparo filed by a resident of the 23 Millas community in Matina against the Mayor and the Municipal Council President. The petitioner claims that the banana plantation Limonfrut C has built and expanded a dike bordering the community without municipal permits and with the Municipality's tacit approval. Despite protecting the plantation, the dike creates an imminent flood risk by enclosing the community with earthen walls. The community had filed complaints since 2008 without response, and even a prior amparo (2010) was granted but its orders were not followed by the Municipality. In July 2021, severe flooding caused irreparable economic losses. The Chamber finds that the Municipality neglected to act for over a decade despite knowledge of the situation, violating the right to a healthy environment and the right to life and physical integrity. The amparo is granted, and the Municipality is ordered to solve the flooding problem within three months.", "primary_topic_id": null, "topic_ids": [ "_off-topic", "procedural-environmental" ], "date": "14/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1068701.json", "html_url": "/legal/doc/nexus-sen-1-0007-1068701", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1068701" }, { "id": "nexus-sen-1-0007-1069077", "citation": "Res. 01410-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of post-judgment motion on sewage solution", "title_es": "Improcedencia de gestión posterior sobre solución de aguas servidas", "summary_en": "The Constitutional Chamber dismisses a post-judgment motion filed after an amparo ruling that ordered authorities to provide a comprehensive solution to sewage contamination in the Residencial Estancia Antigua. The petitioners challenged measures such as disconnecting the sewer pipe and building septic tanks, arguing they were inadequate. The Chamber denies the motion, holding that the grievances raised are new and extraneous to the prior ruling, and that this forum is not the proper place to determine the specific manner of implementing the ordered solutions. The Chamber warns that any different claims must be brought in a new proceeding.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1069077.json", "html_url": "/legal/doc/nexus-sen-1-0007-1069077", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1069077" }, { "id": "nexus-sen-1-0007-1069239", "citation": "Res. 01661-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality of Atenas Must Coordinate and Resolve Flooding on Calle Barrantes", "title_es": "Municipalidad de Atenas debe coordinar y resolver inundaciones en Calle Barrantes", "summary_en": "The Constitutional Chamber partially grants an amparo filed by neighbors of Calle Barrantes, Atenas, due to the delay of the Municipality of Atenas and the Ministry of Health in addressing complaints regarding recurrent flooding caused by unauthorized earthworks carried out between 2019 and 2021. The Chamber finds that since May 2019 the problem was brought before the local government, which issued closure orders to the neighboring owners, but did not proceed with the same speed towards a definitive solution, including the need to stabilize slopes and mitigate stormwater drainage. Similarly, the Ministry of Health improperly delayed handling a confidential sanitary complaint filed in April 2021, conducting inspections and issuing sanitary orders only after the amparo was filed. The Chamber orders the Municipality to coordinate all necessary actions to resolve the issue within six months, and the Ministry of Health to properly address the complaint within two months. The amparo is denied with respect to the Environmental Administrative Tribunal, as no formal complaint before it was proven.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "_off-topic" ], "date": "21/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1069239.json", "html_url": "/legal/doc/nexus-sen-1-0007-1069239", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1069239" }, { "id": "nexus-sen-1-0007-1069242", "citation": "Res. 01714-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Delayed response to environmental information request via email", "title_es": "Respuesta tardía a solicitud ambiental por correo electrónico", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by the president of the Biodiversity Coordination Network Association against the Ministry of Health. The petitioner had requested, via email to the environmental officer assigned to her complaint, information about the destruction process of a herbicide by a company. Although the Ministry provided the destruction certificate requested, the Chamber found that it had not answered the petitioner's specific questions within a reasonable time, despite more than a month having elapsed. The respondent authority responded to the queries only after being notified of the amparo action. The Chamber granted the amparo for violation of the right to petition, but without awarding costs or damages, applying the majority view that such awards are not appropriate when the authority satisfies the claim extrajudicially, resulting in an abnormal termination of the process. Justice Garro Vargas partially dissented, ordering damages, arguing that restoration of the right does not preclude the possibility of compensable harm.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1069242.json", "html_url": "/legal/doc/nexus-sen-1-0007-1069242", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1069242" }, { "id": "nexus-sen-1-0007-1069563", "citation": "Res. 01579-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for Extension to Resolve Sanitary Complaint Regarding Black Water", "title_es": "Solicitud de prórroga para resolver denuncia sanitaria por aguas negras", "summary_en": "The Constitutional Chamber resolves a follow-up motion to decision 2021023648, which ordered the Heredia Health Area to definitively resolve complaint No. 8626-2018 within two months. The respondent authority requests an extension, arguing that the sewage leakage problem only occurs during the rainy season and that dye tests performed in November and December 2021 were negative, thus requiring the 2022 rainy season to verify the source. The Chamber denies the motion, finding that no evidence was provided to support the extension despite being instructed to do so. It notes that the director merely listed future actions without demonstrating concrete progress. The original deadline and cost award stand, and the parties are reminded to retrieve any physical documents from the court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1069563.json", "html_url": "/legal/doc/nexus-sen-1-0007-1069563", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1069563" }, { "id": "nexus-sen-1-0007-1069599", "citation": "Res. 01668-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Competence to Address Noise Complaints from Dog Barking at Commercial Business", "title_es": "Competencia para atender denuncias de ruido por ladridos de perros de establecimiento comercial", "summary_en": "The Constitutional Chamber hears an amparo action filed against the Ministry of Health, SENASA, and the Municipality of San José, brought by the representative of a residential condominium alleging noise pollution from dog barking originating from an adjacent commercial establishment. The petitioner claimed that none of the entities adequately addressed his complaint. The Chamber grants the amparo in part, only as to SENASA, finding that this entity failed to communicate the results of its inspection to the petitioner, violating the duty to inform about the processing of complaints. Regarding the Ministry of Health, the Chamber finds that the complaint was processed and the petitioner was informed that noise from dog barking is not subject to measurement under the Regulation for the Control of Noise Pollution, and the case was forwarded to SENASA. As for the Municipality, it was not proven that the petitioner had filed a prior complaint; the inspection conducted during the process revealed a lack of authorization for the pet lodging activity, which was notified to the interested party, thus no actionable omission was found.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1069599.json", "html_url": "/legal/doc/nexus-sen-1-0007-1069599", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1069599" }, { "id": "nexus-sen-1-0007-1069901", "citation": "Res. 02222-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo against SETENA over environmental complaint on Mina Bella Vista", "title_es": "Amparo prematuro contra SETENA por denuncia ambiental sobre Mina Bella Vista", "summary_en": "The Constitutional Court dismisses an amparo appeal as premature. The petitioner, representing the Preserve Planet Association, claimed that the National Environmental Technical Secretariat (SETENA) failed to respond to a complaint filed on December 20, 2021, regarding alleged irregular mining at Mina Bella Vista, Miramar de Puntarenas. The Court finds that as of the filing date (January 20, 2022), the two-month response period provided by the General Public Administration Act had not expired, making the appeal inadmissible. One judge dissents, ordering the amparo to proceed, arguing that the seriousness of the complaint warrants investigation into potential violations of the right to a healthy environment and timely justice.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1069901.json", "html_url": "/legal/doc/nexus-sen-1-0007-1069901", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1069901" }, { "id": "nexus-sen-1-0007-1069920", "citation": "Res. 02420-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Duty to address environmental complaints does not guarantee immediate favorable outcome", "title_es": "Deber de atender denuncias ambientales no implica resultado favorable inmediato", "summary_en": "The Constitutional Chamber reviews an amparo filed by a resident of San José de la Montaña against the Ministry of Health, claiming that his complaint about environmental and noise pollution, filed in September 2021, had not been addressed. The complainant alleged noise, dust, vibrations, and foul odors from heavy machinery stored on a neighboring property. The Chamber notes that, since its judgment No. 2008-02545, it has referred to the contentious-administrative jurisdiction —with exceptions— cases where the issue is whether the administration met legal deadlines, but holds that the present case qualifies as an exception because it involves environmental pollution. However, upon reviewing the evidence, it finds that the Ministry of Health conducted five on-site inspections between October 2021 and January 2022, without verifying the alleged facts; additionally, it sent two emails to the complainant requesting information but received no reply. The Chamber concludes that the administration did diligently address the complaint, even though it did not find the alleged pollution, so there is no violation of the right to prompt and complete justice. The amparo is denied, without prejudice to the complainant continuing his complaint and providing new evidence.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1069920.json", "html_url": "/legal/doc/nexus-sen-1-0007-1069920", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1069920" }, { "id": "nexus-sen-1-0007-1070565", "citation": "Res. 02292-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Compliance with order to resolve sewage contamination does not constitute disobedience", "title_es": "Cumplimiento de orden para resolver contaminación por aguas residuales no constituye desobediencia", "summary_en": "The Constitutional Chamber reviews a claim of disobedience filed by the petitioner, who alleged that the condemned authorities had failed to establish the ordered timeline of activities and communicate the definitive solution to the sewage contamination problem on their property, as ordered in judgment No. 2021-21905. The Chamber notes that, after the complaint, the authorities submitted an \"Interinstitutional Activities Timeline\" and notified the document to the protected party. It considers that the actions taken demonstrate compliance with the order, as an integral solution has been foreseen. It emphasizes that, under the principle of progressiveness, resolving such a large-scale problem involves complex administrative changes, coordination, and implementation, and thus an immediate solution cannot be demanded. It concludes that there is no disobedience and dismisses the claim, recalling that the constitutional jurisdiction is not a technical body to determine specific measures, but to ensure that an action plan is adopted.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1070565.json", "html_url": "/legal/doc/nexus-sen-1-0007-1070565", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1070565" }, { "id": "nexus-sen-1-0007-1070570", "citation": "Res. 02319-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied over waste accumulation from illegal recycling plant", "title_es": "Denegatoria de amparo por acumulación de residuos de recicladora ilegal", "summary_en": "The Constitutional Chamber denied an amparo action filed by the representative of Recycling Solutions Company S.A. against the Municipality of Limón. The company claimed the municipality had failed to collect waste from the public road in front of its facilities. The Chamber found no direct link between the municipal omission and a specific harm to the petitioner, as the company lacked a municipal license, did not pay for the service, and was not registered as a taxpayer. Moreover, the Limón Health Authority had issued a sanitary order against the company itself for operational and waste-management violations, indicating that the waste accumulation resulted from the company's own inadequate practices. The Chamber ruled out any fundamental rights violation and urged the authorities to resolve the waste buildup within their respective spheres of competence.", "primary_topic_id": null, "topic_ids": [ "_off-topic", "procedural-environmental" ], "date": "28/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1070570.json", "html_url": "/legal/doc/nexus-sen-1-0007-1070570", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1070570" }, { "id": "nexus-sen-1-0007-1070580", "citation": "Res. 02410-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ministry of Health and CTAC's Failure to Act on Aerial Fumigation Environmental Complaint", "title_es": "Omisión ministerial y del CTAC ante denuncia ambiental por fumigación aérea", "summary_en": "The Constitutional Chamber granted amparo to the petitioner, who complained that the Talamanca Health Directorate and the Technical Council of Civil Aviation (CTAC) failed to resolve or properly inform about environmental complaints filed since November 2019. The complaints concerned aerial fumigation with agrochemicals near homes in Talamanca, affecting health and the environment. Although the Ministry of Health conducted inspections and issued sanitary orders, it failed to achieve a definitive solution; the latest order remained unverified and the complainants were not informed. The CTAC, though it investigated and concluded that the aircraft complied with technical regulations, did not communicate its findings to the Ministry of Health, neglecting necessary inter-institutional coordination. The Chamber granted the amparo, ordering the CTAC to notify its results within three days and the Ministry of Health to definitively resolve the complaint within two months, keeping complainants informed. The State was ordered to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1070580.json", "html_url": "/legal/doc/nexus-sen-1-0007-1070580", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1070580" }, { "id": "nexus-sen-1-0007-1070590", "citation": "Res. 02472-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Violation of the right to a formal response in a herbicide complaint", "title_es": "Violación del derecho a respuesta formal en denuncia por herbicidas", "summary_en": "The petitioner, president of the Biodiversity Coordination Network, filed an amparo against the Ministry of Health for failing to formally respond to her request to reopen an administrative complaint. The original complaint, filed on September 15, 2021, alleged that the Municipality of Nicoya was using herbicides in human coexistence spaces in violation of a health alert issued by the Ministry of Health. After an inspection, the Nicoya Health Area closed the case, finding no current use of herbicides. On October 6, 2021, the petitioner requested reopening, submitting new evidence, but only received an email from an official without a signature, title, or express decision on the reopening. The Constitutional Chamber held that this communication did not constitute a formal response and that the omission violated the petitioner's fundamental rights. The amparo was granted, and the Director of the Nicoya Health Area was ordered to formally resolve the request within ten days, under warning of criminal penalties.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1070590.json", "html_url": "/legal/doc/nexus-sen-1-0007-1070590", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1070590" }, { "id": "nexus-sen-1-0007-1070771", "citation": "Res. 02340-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SETENA Must Resolve Appeal in Environmental Nullity Incident Without Undue Delay", "title_es": "SETENA debe resolver recurso de revocatoria en incidente de nulidad ambiental sin dilaciones indebidas", "summary_en": "The Constitutional Chamber hears an amparo action against the National Environmental Technical Secretariat (SETENA) for the alleged failure to definitively resolve an absolute nullity incident filed against the environmental viability of a project. The Chamber verifies that, although the incident was initially rejected, the interested party filed a motion for reconsideration with subsidiary appeal in September 2020. Even though SETENA requested a technical survey from SINAC in March 2021, as of the judgment date (January 2022) no final decision had been issued, exceeding one year and four months without concrete action. The Chamber also notes that a request for prompt resolution filed by the petitioner in November 2021 received no response. The Chamber grants the amparo for violation of the right to a swift and completed procedure, ordering SETENA to resolve the reconsideration motion within one month, under warning of disobedience.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "28/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1070771.json", "html_url": "/legal/doc/nexus-sen-1-0007-1070771", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1070771" }, { "id": "nexus-sen-1-0007-1071157", "citation": "Res. 02357-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "ASADA's Failure to Respond to Requests Regarding Water Availability", "title_es": "Omisión de respuesta de ASADA a solicitudes sobre disponibilidad de agua", "summary_en": "The Constitutional Chamber hears an amparo action against the ASADA of Pablo Presbere for failing to respond to two requests filed by the petitioner on October 17 and 21, 2021, in which she sought information on how to obtain potable water service for a lot in Horquetas de Sarapiquí, after the ASADA issued a non-availability certificate. The petitioner states that her mother had initiated the process in 2016 with a positive availability response, but passed away without completing it. The ASADA justifies the denial of service on technical grounds of water deficit, but the Chamber limits the amparo exclusively to the failure to respond. It is established as an uncontroverted fact that the October 2021 requests were not addressed. The Chamber grants the amparo, ordering only that the requests be answered in accordance with the law, without ruling on the substantive right to water, and orders the payment of costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1071157.json", "html_url": "/legal/doc/nexus-sen-1-0007-1071157", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1071157" }, { "id": "nexus-sen-1-0007-1071169", "citation": "Res. 02454-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for Information on Recycling at Fairground", "title_es": "Solicitud de información sobre reciclaje en campo ferial", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Heredia for failing to respond to a request that included both complaints about parking lot improvements at the Campo Ferial La Perla and a request for access to information on recycling programs implemented at that site. The petitioner alleged environmental pollution and a violation of the right to a healthy and ecologically balanced environment, emphasizing his status as a foreigner. The Chamber determined that the complaints about infrastructure deficiencies and the request to relocate bus stops were inadmissible under the amparo procedure, as they fell under ordinary administrative and judicial review. However, with respect to the request for information on recycling programs, it found that the municipal response issued during the processing of the amparo (official note DST-008-2022) was untimely, and therefore declared the amparo partially granted on that point, but without an award of costs or damages. The Chamber noted that the petitioner had not previously filed an environmental complaint with the municipality, so it could not address the substance of that allegation. The majority applied an exception to the award of costs when the response is provided during the amparo proceedings, treating it as an abnormal termination of the process, from which Justice Garro Vargas partially dissented, ordering abstract damages but no costs.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "28/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1071169.json", "html_url": "/legal/doc/nexus-sen-1-0007-1071169", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1071169" }, { "id": "nexus-sen-1-0007-1071192", "citation": "Res. 02625-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo due to lis pendens in water service case", "title_es": "Archivo de amparo por litispendencia en recurso de agua", "summary_en": "The Constitutional Chamber orders the dismissal of an amparo appeal filed on behalf of two individuals against the ASADA of Pénjamo and other entities, regarding the denial of potable water availability and connection for a ten-lot subdivision project in Florencia de San Carlos. The Chamber finds that the same facts and grievances are already under review in case file 21-26340-0007-CO, filed earlier. Applying the principle of lis pendens and to avoid contradictory rulings and procedural delays, it deems admitting a new amparo on the identical issue to be improper, and dismisses the case without ruling on the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1071192.json", "html_url": "/legal/doc/nexus-sen-1-0007-1071192", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1071192" }, { "id": "nexus-sen-1-0007-1071396", "citation": "Res. 02370-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to Petition and Access to Information on Natural Asset Companies", "title_es": "Derecho de petición y acceso a información sobre Compañías de Activos Naturales", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Ministry of Environment and Energy (MINAE) for failing to respond to an information request sent by email. The petitioner sought explanations on Natural Asset Companies (NACs), agreements with the Rockefeller Foundation and IEG within the COP26 framework, and their impact on private property and the State's natural heritage. The Chamber found that nearly three weeks had passed without a response, exceeding the ten-business-day period under Article 32 of the Constitutional Jurisdiction Law. MINAE responded during the amparo proceedings, providing a detailed explanation of the NAC model, the signed cooperation agreement, and the legal basis in the Biodiversity Law and other instruments. The amparo was granted for violation of the right to petition and access to information, but without an award of costs or damages by majority vote. Judge Garro Vargas partially dissented, ordering damages but not costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "biodiversity-law-7788", "property-and-titling" ], "date": "28/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1071396.json", "html_url": "/legal/doc/nexus-sen-1-0007-1071396", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1071396" }, { "id": "nexus-sen-1-0007-1071419", "citation": "Res. 02496-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Delay in precautionary measure for spring threat", "title_es": "Dilación en medida cautelar por amenaza a naciente", "summary_en": "The Constitutional Chamber reviews an amparo action against the Administrative Environmental Tribunal (TAA) for failing to resolve a request for a precautionary measure in an administrative proceeding regarding the invasion of the protection area of a permanent spring on Finca 3 of the University of Costa Rica (UCR). The petitioners filed a complaint in 2017 about the piping of the Pichichueca stream and the imminent construction of a building affecting the spring. The substantive hearing, scheduled for October 2021, was suspended, and although the petitioners reiterated their request for a precautionary measure, the TAA did not issue any ruling for over two months, while the UCR began earthworks and tree felling. The Chamber finds a violation of the right to a prompt and complete administrative proceeding, noting that 18 months elapsed between the original complaint and the opening of the proceeding, and then over two months to decide the request made at the hearing. It orders the inspection to proceed and the precautionary measure to be resolved within set timeframes.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1071419.json", "html_url": "/legal/doc/nexus-sen-1-0007-1071419", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1071419" }, { "id": "nexus-sen-1-0007-1071623", "citation": "Res. 01676-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Demolition order in Loma Salitral for urban violations", "title_es": "Orden de demolición en Loma Salitral por incumplimientos urbanos", "summary_en": "The Constitutional Chamber denies an amparo action filed by an informal settlement dweller in Desamparados who sought to halt the demolition of her home. The Chamber verifies that the property lies within the Loma Salitral Special Forest Protection Zone, where the local land-use plan allows only one dwelling per estate. The Municipality of Desamparados had initiated an administrative proceeding for unpermitted constructions, serving notice through official gazette publications after failing to locate the registered owners. The Court finds no due-process violation, as the special procedure under the Construction Law was followed. It reiterates that it does not function as a reviewer of ordinary legality and that challenges to zoning, the petitioner’s standing, or the applicability of exceptions must be raised through administrative or ordinary judicial channels. The amparo is therefore dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1071623.json", "html_url": "/legal/doc/nexus-sen-1-0007-1071623", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1071623" }, { "id": "nexus-sen-1-0007-1071965", "citation": "Res. 02873-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Repeated non-compliance with ruling on school gymnasium", "title_es": "Incumplimiento reiterado de sentencia sobre gimnasio escolar", "summary_en": "The Constitutional Chamber heard a third non-compliance complaint filed by a citizen against the Ministry of Public Education (MEP) and the Health Area, for failure to comply with ruling 2017-018387, which ordered the MEP to execute health orders regarding the gymnasium of the Liceo Julio Fonseca and Colegio Nocturno Marco Tulio Salazar. After reviewing the reports, the Chamber found that the MEP, although it partially demolished the gymnasium and secured the area, has not built the new infrastructure nor definitively complied with the health orders; the budgetary justification was not proven. Regarding the Ministry of Health, the Chamber determined a serious inaction: between February 2019 and November 2021 it took no action, despite its obligation to verify and ensure compliance. Consequently, the Chamber granted the non-compliance complaint and ordered the current MEP authorities to comply with the original ruling, and reiterated to the director of the Health Area the immediate duty to monitor and take measures, with the warning of initiating administrative proceedings in case of non-compliance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1071965.json", "html_url": "/legal/doc/nexus-sen-1-0007-1071965", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1071965" }, { "id": "nexus-sen-1-0007-1072029", "citation": "Res. 01625-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noncompliance with amparo ruling on water well and tank rights", "title_es": "Desobediencia de amparo sobre derechos de pozo y tanque de acueducto", "summary_en": "The Constitutional Chamber examines a noncompliance claim filed by the petitioners in amparo case 18-005217-0007-CO, wherein AyA and the ASADA of Coyolito had been ordered to take measures to regularize the rights over a well and tank used for community water supply, or transfer the aqueduct administration to AyA. The court had granted several extensions for compliance, the last one being a non-extendable six-month period. The petitioners argue that the deadline expired without a definitive solution. However, the evidence shows that AyA and ASADA carried out multiple technical and legal actions, such as appraisals, pumping tests, and negotiations, but compliance has been hindered by causes attributable to the petitioners themselves: disagreement over rental amounts, disproportionate sale demands, lack of property registration due to a pending probate process, existence of a mortgage on the tank property, cadastral discrepancies, and constant changes in legal representation that hinder communication. The Chamber concludes that there has been no noncompliance by the respondent authorities, since the impossibility of completing the process stems from the petitioners' own actions or omissions, and the determination of the property's economic value is a legality matter outside its jurisdiction. Consequently, it dismisses the noncompliance claim but warns the authorities of their duty to provide a definitive solution once the obstacles are removed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "21/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1072029.json", "html_url": "/legal/doc/nexus-sen-1-0007-1072029", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1072029" }, { "id": "nexus-sen-1-0007-1072041", "citation": "Res. 01686-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber — Technical Non-Feasibility Zone prevents water connection", "title_es": "Sala Constitucional — Zona de No Factibilidad Técnica impide conexión de agua potable", "summary_en": "The Constitutional Chamber denied the amparo petition filed by eleven companies owning properties in Playa Nosara, Nicoya, against the national water utility AyA and the local ASADA. The petitioners claimed a violation of the fundamental right to drinking water because the respondents refused supply based on a moratorium applied since March 2021, when AyA declared the area a technical non-feasibility zone—the registered water flows being insufficient compared to actual usage. The Chamber reiterated its case law: the right to water is not absolute and may be denied on technical or legal grounds, provided the refusal is neither arbitrary nor capricious. Here, both the ASADA and AyA had responded to the requests and explained the technical reasons. The Chamber could not review the technical merits, nor could it order immediate water service. The amparo was dismissed, with separate reasons by Judge Rueda Leal concerning legal entities’ standing under the Inter-American system.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "21/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1072041.json", "html_url": "/legal/doc/nexus-sen-1-0007-1072041", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1072041" }, { "id": "nexus-sen-1-0007-1072592", "citation": "Res. 01695-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to file and response to qualified environmental complaint", "title_es": "Acceso al expediente y respuesta a denuncia ambiental calificada", "summary_en": "The Constitutional Chamber hears an amparo filed by a citizen who reported to the Municipality of Curridabat the construction of a private bridge over the Pruses River, apparently without the required environmental and municipal permits, potentially causing environmental harm. The complaint was filed on September 1, 2021, and the Municipal Council referred it to the mayor for investigation. The complainant also requested information about the file on November 9, 2021. The Chamber finds that the complaint has not been resolved, that he has not been provided a copy of the file, nor has his request for information been answered. It considers the complainant a qualified complainant with a legitimate interest stemming from environmental protection, thus entitled to access the file and be informed of progress and outcome. The amparo is granted, ordering the mayor to provide copies of the file within 24 hours, answer pending points within 5 days, and resolve the complaint within two months.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1072592.json", "html_url": "/legal/doc/nexus-sen-1-0007-1072592", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1072592" }, { "id": "nexus-sen-1-0007-1072630", "citation": "Res. 01776-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of Access to Information and Incomplete Response", "title_es": "Derecho de acceso a la información y respuesta incompleta", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a congressman against the Municipality of Pococí for failing to fully respond to a request for information regarding the municipal vehicle fleet, its acquisition, maintenance, and costs. The petitioner had requested detailed data via email on November 30, 2021. The municipality replied on January 6, 2022, after the amparo was notified, providing most of the information but omitting the purchase or contract value, the current value of the vehicles, and the reasons for the inactivity of some units. The Chamber held that, although the municipality provided almost all the data, the omission of these three points violated the fundamental right of access to administrative information, given that the requested information is of public interest as it involves the management of public funds. The Chamber ordered the municipality to complete the response within three days, under warning of the sanctions provided in the Constitutional Jurisdiction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1072630.json", "html_url": "/legal/doc/nexus-sen-1-0007-1072630", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1072630" }, { "id": "nexus-sen-1-0007-1072634", "citation": "Res. 01784-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC's failure to address illegal occupation complaint in mangrove", "title_es": "Omisión de SINAC en atender denuncia de ocupación ilegal en manglar", "summary_en": "The Constitutional Chamber hears an amparo filed by an individual against SINAC's Tempisque Conservation Area for failing to respond to an information request and complaint about illegal constructions in the Lagarto River estuary mangrove, Playa Sámara, on State Natural Heritage and Public Zone lands. The complaint was filed on October 8, 2021, with no reply. During the amparo, SINAC provided a detailed report on historical and current actions, including a field inspection and an ongoing criminal case before the Environmental Prosecutor's Office in Santa Cruz. The Chamber finds the response was triggered by the amparo, so it grants the amparo solely for purposes of Article 52 of the Constitutional Jurisdiction Law, without awarding costs, damages, or losses, deeming the violation non-patrimonial. Judge Garro Vargas dissents in part, ordering abstract condemnation for damages and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "21/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1072634.json", "html_url": "/legal/doc/nexus-sen-1-0007-1072634", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1072634" }, { "id": "nexus-sen-1-0007-1072639", "citation": "Res. 01802-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must coordinate with Health Ministry to address Río Frío pollution", "title_es": "Municipalidad debe coordinar con Salud para resolver contaminación de Río Frío", "summary_en": "The Constitutional Chamber grants an amparo against the Municipality of Los Chiles for failing to resolve an environmental complaint regarding pollution of the Río Frío and a private property. The petitioning company denounced in January 2020 and March 2021 that stormwater and untreated wastewater were draining onto its land and into the river, causing foul odors, insects, and harm to flora, fauna, and community health. The Chamber finds that after more than a year, the municipality had not resolved the complaint nor coordinated with the Ministry of Health, merely claiming that wastewater management was not its responsibility. The Court reiterates the principle of inter-institutional coordination in environmental matters and orders the mayor and the secretary of the Cantonal Road Board to take all necessary actions within a maximum of six months to solve the problem, under warning of disobedience. The municipality is ordered to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1072639.json", "html_url": "/legal/doc/nexus-sen-1-0007-1072639", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1072639" }, { "id": "nexus-sen-1-0007-1072674", "citation": "Res. 03403-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of municipal response regarding commercial premises requirements", "title_es": "Amparo por falta de respuesta municipal sobre requisitos para local comercial", "summary_en": "The Constitutional Chamber hears an amparo appeal filed by Gladston Hg Edmond González against the Municipality of Tibás. The appellant claims that since September 6, 2021, he requested information from the Mayor regarding the requirements to operate a mobile commercial premises, without receiving a response. However, the Chamber finds that the municipality had previously responded through several official letters and technical reports issued between October 2021 and January 2022, detailing the requirements needed to legalize the commercial activity, including the need to process a major construction permit and comply with building, public health, and environmental sustainability regulations. The Chamber concludes that there was no violation of fundamental rights, since the appellant's claim was not merely a simple request for information but expressed disagreement with municipal requirements and sought a meeting to reach an agreement, a matter outside constitutional jurisdiction. The appeal is dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1072674.json", "html_url": "/legal/doc/nexus-sen-1-0007-1072674", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1072674" }, { "id": "nexus-sen-1-0007-1072990", "citation": "Res. 02874-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of Deadline for AyA to Comply with Water Supply Amparo in Tilarán", "title_es": "Prórroga de plazo a AyA para cumplir amparo por abastecimiento de agua en Tilarán", "summary_en": "The Constitutional Chamber addresses a noncompliance claim filed by Tilarán residents against the Costa Rican Institute of Aqueducts and Sewers (AyA), within amparo case file 17-015269-0007-CO. The original ruling, No. 2018-002901, had ordered AyA to transfer the administration and maintenance of the water system to the community. Given technical difficulties and land access issues for drilling a new well, AyA requests a further extension of eighteen to twenty-four months. The Chamber, considering that the primary goal is to restore fundamental rights and that AyA has been chlorinating the water in the meantime, decides to extend the deadline by eighteen additional months, on the condition of quarterly progress reports to residents and submission of a project timeline. AyA's general manager is warned of possible imprisonment under Article 71 of the Constitutional Jurisdiction Law for noncompliance.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "09/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1072990.json", "html_url": "/legal/doc/nexus-sen-1-0007-1072990", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1072990" }, { "id": "nexus-sen-1-0007-1073024", "citation": "Res. 03168-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "TAA compliance by issuing final act after amparo order", "title_es": "Cumplimiento del TAA al dictar acto final tras orden de amparo", "summary_en": "The Constitutional Chamber resolves a second contempt proceeding brought by the petitioner against the Environmental Administrative Tribunal (TAA) for failing to issue the final act in the case concerning the reconstruction of Route 606 Guácima–Santa Elena, as ordered in judgment 2020-009220. Although in a previous proceeding (2021) the Chamber found gross inaction by the TAA and partially upheld the contempt, in this new proceeding the Chamber verifies that the TAA, through resolution 135-2022-TAA dated February 2, 2022—prior to this ruling—had already issued the final act. In that resolution, the TAA held CONAVI responsible for carrying out road widening and improvement works without an approved and valid environmental impact assessment before SETENA, reprimanded it, ordered it to prepare an Environmental Diagnostic Study and submit it to SETENA, and absolved MOPT. Since the final act was already issued and notified, the Chamber declares the contempt proceeding unfounded, as the ordered action has been fulfilled.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073024.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073024", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073024" }, { "id": "nexus-sen-1-0007-1073040", "citation": "Res. 03202-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ministry of Health's Failure to Address Noise Pollution Complaint", "title_es": "Omisión del Ministerio de Salud en atender denuncia por contaminación sónica", "summary_en": "The Constitutional Chamber reviews an amparo filed by a resident of Uvita de Osa against the Minister of Health. The petitioner complained that a gym next to her home, called “The Box”, generates excessive noise pollution because it lacks walls and uses loud sound equipment, violating her right to a healthy environment and health. Despite filing a complaint in April 2021 with the Osa Health Rectorate Area, and even though it was technically verified that noise levels exceeded permitted limits, the health authority failed to adopt timely and effective measures to solve the problem. The Chamber considered that the more than nine‑month delay in addressing the complaint was excessive and disproportionate, especially in an environmental matter, and that the administration breached its duty to guarantee the right to a healthy environment. Accordingly, the Chamber granted the amparo and ordered the Minister of Health to definitively resolve the issue within two months, warning of criminal liability for contempt.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073040.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073040", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073040" }, { "id": "nexus-sen-1-0007-1073085", "citation": "Res. 03324-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal failure to resolve complaint over communal waste basket", "title_es": "Omisión municipal de resolver denuncia sobre canasta de residuos comunales", "summary_en": "The Constitutional Chamber heard an amparo action against the Municipality of Goicoechea and the Ministry of Health regarding the installation of a communal waste basket on Alameda No. 9, Kurú Urbanization, one meter from the plaintiff's house. The plaintiff alleged adverse health effects from odors, gases, insects, and rodents, as well as obstruction of free transit. The Chamber verified that, following a prior ruling (2021-014047), the plaintiff had filed a complaint with the Health Area, which was forwarded to the Municipality on October 7, 2021, but remained unresolved at the time of the amparo filing. The Chamber found that the Municipality violated Article 41 of the Constitution by failing to resolve the complaint within a reasonable time. The amparo was partially granted: the Municipality was ordered to definitively resolve the complaint within fifteen days and was condemned to pay costs. Regarding the Health Area, the amparo was dismissed, as it had timely processed and forwarded the complaint. The claims regarding free transit and container location had already been decided in the prior ruling, so the plaintiff was bound by that decision.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073085.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073085", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073085" }, { "id": "nexus-sen-1-0007-1073442", "citation": "Res. 03249-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water availability for subdivision is not a matter for amparo", "title_es": "Disponibilidad de agua para lotificación no es materia de amparo", "summary_en": "The Constitutional Chamber denies an amparo petition filed on behalf of an 80-year-old developer seeking water availability certificates for a 10-lot subdivision project, the reopening of a well, and the installation of meters. The petition was brought against the ASADA de Pénjamo, the Costa Rican Water and Sewer Institute (ICAA), and the Public Services Regulatory Authority (ARESEP), claiming lack of response and violation of fundamental rights. The Chamber holds that the claims do not fall under the constitutional right of petition (Article 27), because they are not a simple request for information but rather an attempt to obtain a change in administrative criteria on the technical feasibility of the project. It notes the project is commercial, not for personal housing, so no fundamental rights are at stake. Regarding administrative delay or disagreement with prior decisions, the Chamber redirects the matter to the contentious-administrative jurisdiction, now considered an adequate and expeditious remedy for ordinary legality issues. The petition is denied in its entirety.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073442.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073442", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073442" }, { "id": "nexus-sen-1-0007-1073801", "citation": "Res. 01358-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Slaughterhouse waste in organic fertilizer production not state omission addressable by amparo", "title_es": "Desechos de matadero en producción de abono orgánico no representan omisión estatal tutelable", "summary_en": "The Constitutional Chamber rejects an amparo action filed by residents of Turrúcares, Alajuela, against various public authorities for alleged inaction regarding environmental pollution and nuisances caused by the transport and processing of slaughterhouse waste for organic fertilizer production. The claimants report unbearable odors, disturbance of peace, and health risks despite prior complaints to the Municipality of Alajuela, the Ministry of Health, SETENA, and SENASA. Reviewing sworn reports, the Chamber finds that the authorities conducted inspections, issued permits, sanitary orders, and even closure warnings. Although the activity is partly conducted on a property lacking municipal authorization—prompting a compliance notice—no administrative inaction is proven. The Chamber reiterates that amparo is not a means to control legality and thus cannot dictate which measures to adopt; it denies the appeal. Nevertheless, it urges the respondent authorities to provide coordinated follow-up on the environmental issues raised. The opinion includes a separate note by Justice Salazar Alvarado, who argues that while such cases should ordinarily be dismissed as matters of legality, he addresses the merits here due to the potential violation of the right to a healthy environment and quality of life.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "environmental-law-7554" ], "date": "14/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073801.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073801", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073801" }, { "id": "nexus-sen-1-0007-1073845", "citation": "Res. 03172-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of mining concession renewal in a protective zone does not require immediate expropriation", "title_es": "Denegatoria de prórroga de concesión minera en zona protectora no exige expropiación inmediata", "summary_en": "The Constitutional Chamber reviews an amparo filed by two corporations owning land within the Cerros de La Carpintera Protective Zone, which had held a 1994 mining concession for 25 years. When renewal was sought, SINAC denied it because mining was incompatible with the Management Plan. The petitioners argued this restriction emptied their property right, demanding expropriation. Relying on its ruling No. 2021-019076 upholding art. 37 of the Environmental Organic Law, the Chamber held that protective zone regimes may impose property limitations without requiring immediate expropriation, as long as the core of the right is not emptied. It found that the denial of mining renewal does not constitute de facto expropriation, since the owners retain limited use and enjoyment rights. If the company believes the burden annuls its property right, it must resort to ordinary legal channels to prove such effect and claim compensation. The amparo is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073845.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073845", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073845" }, { "id": "nexus-sen-1-0007-1073850", "citation": "Res. 03192-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal Failure to Oversee Illegal Construction and Activities in Water Protection Zone", "title_es": "Omisión Municipal en Fiscalización de Construcciones y Actividades Ilegales en Zona de Protección Hídrica", "summary_en": "The Constitutional Chamber granted an amparo filed by a resident of La Giralda residential area, Alajuela, against the Municipality of Alajuela. The petitioner alleged that since 2009, unpermitted constructions and commercial activities have been taking place on the properties —specifically, a lot designated for building but used as a public road, and an adjacent farm with illegal dwellings and workshops— causing noise, water, and waste pollution in a zone designated for absolute protection of water recharge. The Chamber found that the Municipality had been aware of the problem since 2007 and, despite some actions, had failed to adopt effective and definitive measures to remedy the situation, thereby breaching its oversight and environmental protection duties. Relying on Article 50 of the Constitution and the principles of prevention and precaution, it ordered the mayor and municipal council president to coordinate and carry out, within three months, all necessary actions to bring the illegal activities and constructions into legal compliance, resolve stormwater and sewage management, and address public health and environmental harm.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073850.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073850", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073850" }, { "id": "nexus-sen-1-0007-1073852", "citation": "Res. 03196-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against failure to follow up on environmental complaint regarding clandestine charcoal furnaces", "title_es": "Amparo contra omisión de seguimiento a denuncia ambiental por carboneras clandestinas", "summary_en": "The Constitutional Chamber dismissed the amparo filed by a resident of Patarrá de Desamparados against the Ministry of Health, alleging lack of response to a follow-up request on an environmental complaint and the ongoing pollution from clandestine charcoal furnaces and an illegal dump in the Cerros La Carpintera Protective Zone. The claimant asserted that the Health Area Office failed to reply to an October 24, 2021 email requesting follow-up on a criminal case. The Court held that the communication was a mere exhortation, not an information request triggering a duty to respond, so no right to petition was violated. Regarding the pollution, the Chamber noted the matter had already been decided in amparo 21-012595-0007-CO (judgment 2021-17816), which found no state inaction: the health authority had issued sanitary orders, filed criminal complaints, and upon learning the disobedience crime did not apply, forwarded the case to the Environmental Administrative Tribunal. The Court confirmed the proceedings were ongoing and no fundamental rights were infringed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073852.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073852", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073852" }, { "id": "nexus-sen-1-0007-1073856", "citation": "Res. 03203-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noise Pollution from Activities at Casa Calamar", "title_es": "Contaminación sónica por actividades en Casa Calamar", "summary_en": "The Constitutional Chamber reviews an amparo action filed by a resident of Puntarenas against the Ministry of Health for its failure to effectively address repeated complaints since 2018 about noise pollution from the property 'Casa Calamar,' where parties with loud music are held late into the night. The complainant argues that the noise harms her health, that of her family—including an elderly person with a pacemaker and a minor with hearing problems—and their quality of life, yet the Ministry of Health has not managed to conduct a noise measurement or apply corrective measures. The Chamber finds that, despite multiple inspections and notifications, the health authority did not timely coordinate sound measurements, attributing delays to a public servant's breach of duties. The Court upholds the appeal, ordering the Director of the Puntarenas-Chacarita Health Area to, within one month, take all necessary actions to verify the activities on the site, apply sanitary regulations, and establish an action plan for timely sound measurements, notifying the complainant of the results.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073856.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073856", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073856" }, { "id": "nexus-sen-1-0007-1073863", "citation": "Res. 03226-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo for failure to exhaust administrative remedies in forestry complaint", "title_es": "Inadmisibilidad de amparo por no agotar vía administrativa en denuncia forestal", "summary_en": "The Constitutional Chamber analyzed an amparo action filed against the Environmental Administrative Tribunal for an alleged failure to process a complaint regarding a violation of the Forestry Law. The plaintiff argued that the TAA had not resolved his complaint nor conducted necessary inspections within a reasonable time, violating his fundamental rights. The Chamber found the amparo inadmissible because the plaintiff failed to exhaust administrative remedies first, a prerequisite for constitutional jurisdiction. Specifically, it noted that there was no evidence the plaintiff had filed a formal claim with the TAA requesting resolution of the case or complaining about the delay. Without direct action and an express response from the administrative body, no current injury to fundamental rights was proven that would warrant the Chamber's intervention in amparo proceedings. The appeal was therefore declared inadmissible, without prejudice to the possibility of returning to this recourse if, after exhausting ordinary remedies, the violation persists.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073863.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073863", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073863" }, { "id": "nexus-sen-1-0007-1073867", "citation": "Res. 03242-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Vegetation clearing at Playa Hermosa not proven to cause irreversible environmental harm", "title_es": "Corte de vegetación en Playa Hermosa no configura daño ambiental irreversible", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a citizen who reported the clearing of a wetland at the entrance to Playa Hermosa, Punta Achiote, in Osa, by the Municipality of Osa without studies or permits, and the failure of SINAC and the municipality to respond to her complaints. The Chamber found that the intervened area is not within the Playa Hermosa National Wildlife Refuge, which lies in Garabito and Parrita. The works involved clearing weeds and fallen trees, followed by reforestation with native species, with no proof of irreversible environmental damage. However, the appeal was partially granted for violation of Article 41 of the Constitution, as the Municipality of Osa had not responded to the October 2021 complaint and SINAC responded late. The Municipality was ordered to respond within ten business days and to pay costs, damages, and losses, while SINAC was sanctioned without such condemnation. One judge dissented, arguing the matter should be heard in ordinary courts, and another disagreed on not condemning SINAC for damages.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental", "wildlife-law-7317" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073867.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073867", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073867" }, { "id": "nexus-sen-1-0007-1073874", "citation": "Res. 03259-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noise limits in community halls", "title_es": "Parámetros de ruido en salones comunales", "summary_en": "The Constitutional Chamber hears an amparo appeal filed by a resident of Montes de Oca who, in August 2016, submitted a note to the Municipality and the Health Area requesting a limit on noise from community halls and dwellings in the canton after 9 p.m., alleging noise pollution and its health effects. The complainant claims he never received a response. The Chamber finds that the Municipality adopted a clause on proper use of the property in the administration agreements for community halls, but failed to notify the complainant of the outcome of his request in writing. The Health Area demonstrated that the complainant withdrew his complaint, so there was no omission. The ruling partially grants the amparo solely against the Municipality, ordering it to inform the appellant of the result of his request within five days, with an award of costs. It underscores that noise pollution affects the right to a healthy environment, health, and quality of life.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073874.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073874", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073874" }, { "id": "nexus-sen-1-0007-1073879", "citation": "Res. 03266-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal failure to address environmental complaints and response after amparo", "title_es": "Omisión municipal en atender denuncias ambientales y respuesta tras amparo", "summary_en": "The Constitutional Chamber heard an amparo action filed by a resident of Moravia against the Mayor, alleging failure to address complaints about overgrown vacant lots, trash, and obstructed sidewalks affecting health and free transit. The claimant argued that despite filing complaints in August and September 2021, she had received no written response or effective action by the time of the amparo. During the proceeding, the Municipality reported having carried out cleanups, initiated a procurement process for sidewalk construction, and responded via email in January 2022. The Chamber found that the lack of a written response for over six months constituted a violation of the right to petition and timely resolution. It granted the amparo but, by majority, imposed no costs, damages, or losses, holding that the subsequent response and actions fell under Article 52 of the Constitutional Jurisdiction Law and that the alleged damages lacked clear economic nature. Three justices dissented, arguing for the imposition of costs and/or damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1073879.json", "html_url": "/legal/doc/nexus-sen-1-0007-1073879", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1073879" }, { "id": "nexus-sen-1-0007-1074000", "citation": "Res. 03746-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inejecución denied after belated TAA compliance", "title_es": "Inejecución rechazada por cumplimiento tardío del TAA", "summary_en": "The Constitutional Chamber reviews a non-compliance motion filed by Mauricio Arias Ruiz regarding judgment No. 2020-008926 of May 15, 2020, which had granted an amparo action and ordered the Environmental Administrative Tribunal (TAA) to resolve an environmental complaint filed in October 2018 within two months. The petitioner alleges failure to comply. The TAA judge reports that on February 4, 2022, the final decision was issued and notified to the parties. The Chamber finds that, albeit belatedly, the order has been fulfilled with the issuance of the final decision. Therefore, it denies the non-compliance motion, as there is no ongoing omission, without prejudice to any legal consequences for the delay.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "15/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074000.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074000", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074000" }, { "id": "nexus-sen-1-0007-1074015", "citation": "Res. 03850-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request to President on aerial fumigation does not create obligation to respond", "title_es": "Excitativa al Presidente sobre fumigación aérea no genera obligación de respuesta", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed by Marco Levy Virgo, president of the Ecology Development Association, against the President of the Republic. The claimant alleged no response to his November 11, 2021, request asking the President, as head of the National Environmental Council, to order the Minister of Agriculture to seek technical assistance from the FAO to draft new regulations for agricultural aviation, citing constant complaints of pesticide exposure around banana farms. The Chamber holds the petition was a mere exhortation that created no obligation to respond under Articles 27, 30, and 41 of the Constitution. Since such a request is exhausted upon filing, the amparo is inadmissible and rejected outright.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "15/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074015.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074015", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074015" }, { "id": "nexus-sen-1-0007-1074030", "citation": "Res. 03905-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Installation of a telecommunications tower in a residential neighborhood is a matter for ordinary courts", "title_es": "Instalación de torre de telecomunicaciones en barrio residencial es asunto de legalidad ordinaria", "summary_en": "The Constitutional Court rejects on the merits an amparo appeal filed by a neighbor in Alajuela against the installation of a 5G telecommunications tower in front of his home. The appellant claimed harm to his family's health, landscape, and right to information due to lack of prior consultation. The Court reiterates its settled case law: there is no scientific evidence that cell towers pose a health risk, so the right to a healthy environment is not violated. Moreover, the installation of telecommunications infrastructure is of national public interest and does not require a public hearing or modification of the zoning plan. The Court holds that dissatisfaction with municipal permits and lack of information are matters of ordinary legality to be addressed through administrative or contentious proceedings, not amparo. Justice Rueda Leal dissents, arguing that further investigation was needed to verify any infringement of the rights to environment and property.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "15/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074030.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074030", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074030" }, { "id": "nexus-sen-1-0007-1074034", "citation": "Res. 03914-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of challenge to Agricultural Burning Regulation on prematurity and lis pendens", "title_es": "Suspensión de acción contra Reglamento de Quemas Agrícolas por prematuridad e identidad de objeto", "summary_en": "The Constitutional Chamber addressed a constitutional challenge against several articles of the Regulation for Controlled Agricultural Burning (Executive Decree 35368-MAG-S-MINAE), filed by a lawyer claiming both diffuse interest standing and a pending underlying case. The Chamber rejected the incidental route because the cassation appeal invoked as the prior matter had not yet been admitted, making the action premature. However, it recognized standing based on the defense of diffuse interests. Since another action against the same regulation (case 21-017328-0007-CO) was already further along, the Chamber ordered the suspension of proceedings until that first action is resolved, in accordance with Article 84 of the Constitutional Jurisdiction Law. It clarified that the mere filing of the action does not suspend the regulation's effectiveness or general application, but only final application acts in specific proceedings. The ruling includes a separate note distinguishing challenges to substantive law from those against norms that limit access to remedies, for purposes of admissibility at the cassation stage.", "primary_topic_id": null, "topic_ids": [], "date": "16/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074034.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074034", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074034" }, { "id": "nexus-sen-1-0007-1074211", "citation": "Res. 03378-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal Inaction on Landslides and Stormwater in Quitirrisí", "title_es": "Inactividad municipal frente a deslizamientos y aguas pluviales en Quitirrisí", "summary_en": "The Constitutional Chamber heard an amparo filed by a property owner in the indigenous territory of Quitirrisí de Mora, whose home was affected by stormwater from neighboring properties and a nearby landslide. The claimant alleged that despite inspections by the Municipality of Mora and the Ministry of Health since 2018, the problem remained unsolved. The Chamber verified that the authorities carried out inspections and issued technical reports but failed to implement concrete measures to resolve the situation for over four years. It highlighted that the Municipality diverted stormwater from a public road onto the claimant's property, worsening the landslide, and took no corrective action. Regarding the Ministry of Health, although it issued sanitary orders for wastewater discharge, it did not verify compliance after deadlines expired. The Chamber granted the amparo, ordering both authorities to coordinate and definitively solve the problem within a maximum period of six months, under penalty of imprisonment for non-compliance.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074211.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074211", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074211" }, { "id": "nexus-sen-1-0007-1074219", "citation": "Res. 03409-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to response in environmental complaints and municipal stormwater runoff", "title_es": "Derecho de respuesta en denuncia ambiental y aguas pluviales municipales", "summary_en": "The Constitutional Chamber rules on an amparo filed by a resident of Grecia who reported to the Ministry of Health the invasion of stormwater runoff from the municipal road that affected her home and her elderly mother's health. The petitioner alleged lack of a timely response. The Chamber considers environmental complaints an exception to the general rule of referring administrative delays to the contentious-administrative jurisdiction, given the risk to health and a healthy environment. It was proven that the Health Area inspected the site, determined the problem was stormwater management under the Municipality of Grecia's responsibility, referred the case, and notified the petitioner only after the amparo was admitted. The Chamber grants the amparo by majority, finding the response occurred after notification of the admission order, though without costs, damages, or losses, which were deemed inappropriate, with dissenting votes imposing them.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074219.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074219", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074219" }, { "id": "nexus-sen-1-0007-1074241", "citation": "Res. 03940-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of Clarification of Environmental Amparo Orders", "title_es": "Rechazo de aclaración sobre órdenes de amparo ambiental", "summary_en": "The Municipality of Alajuela sought clarification and amplification of Judgment No. 2021-024616, which granted an amparo action against SETENA, SENARA, and the municipality itself over alleged irregularities in the development of the Lankaster condominium project. The municipality argued it had complied with the recommendations of internal audit report 05-2020, detailing numerous actions taken. The Constitutional Chamber denies the request, noting that Article 11 of the Constitutional Jurisdiction Law provides that no appeal lies against its decisions, and that the municipality's filing merely expresses disagreement with the ruling rather than a genuine need for clarification.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "18/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074241.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074241", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074241" }, { "id": "nexus-sen-1-0007-1074248", "citation": "Res. 03950-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Interinstitutional Coordination to Solve María Aguilar River Overflow", "title_es": "Coordinación interinstitucional para solucionar desbordamiento del río María Aguilar", "summary_en": "The Constitutional Chamber hears an amparo action by the Condominio Mallorca representative in Curridabat regarding constant flooding from the María Aguilar River overflow, especially at the National Route 02 bridge and the Cipreses access bridge. The claimants accuse the Municipality of Curridabat of insufficient corrective actions and lack of prevention, and the Ministry of Public Works and Transport (MOPT) of ignoring municipal requests. The Chamber finds the Municipality has undertaken cleaning, meteorological station installations, and a new bridge project approved by SETENA. However, the problem persists after years without an effective joint action plan. Claims against the Health Authority (no concrete petition) and failure to comply with CNE/CGR recommendations (not reviewable via amparo) are dismissed. The Chamber reaffirms the municipality's duty to ensure a healthy environment and coordinate with national entities. The amparo is partially granted: the Municipality and MOPT must prepare, within six months, a joint action plan to solve the flooding, with 36 months for implementation. Costs and damages are imposed on the State and Municipality. Justice Garro dissents on enforcement, referring it to the Administrative Court.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "18/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074248.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074248", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074248" }, { "id": "nexus-sen-1-0007-1074255", "citation": "Res. 03964-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal and SINAC environmental oversight in Playa Tivives", "title_es": "Fiscalización ambiental municipal y del SINAC en playa Tivives", "summary_en": "This amparo was filed by a parcel holder in Playa Tivives, Esparza, against the Municipality of Esparza and SINAC, claiming inaction regarding environmental irregularities such as illegal construction, mangrove logging, and pollution. The Constitutional Chamber analyzed the evidence and found that both authorities had acted: the Municipality inspected, issued stop-work orders for expired permits or construction excesses, and filed a criminal complaint for protected area invasion; SINAC submitted several reports to the Prosecutor's Office and responded to the complaint. Thus, no right to a healthy environment violation or official inertia was demonstrated, and the appeal was denied.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "18/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074255.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074255", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074255" }, { "id": "nexus-sen-1-0007-1074256", "citation": "Res. 03965-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "TAA’s failure to resolve environmental complaint", "title_es": "Omisión del TAA en resolver denuncia ambiental", "summary_en": "The Constitutional Chamber hears an amparo action against the Environmental Administrative Tribunal (TAA) for failing to resolve an environmental complaint filed by owners of a farm in Naranjo. The complainants alleged that municipal road-widening works caused erosion, landslides, and damage to their property. The TAA opened an investigation, requested inspections, and received reports, but after more than a year had not issued a final decision. The Chamber finds that, although the TAA carried out proceedings, the unjustified delay violates the right to a prompt and complete justice (article 41 of the Constitution), and partially grants the amparo, ordering the TAA to resolve the complaint within one month. The majority upheld the amparo regarding the delay; Magistrate Salazar dissented, arguing the matter should have been dismissed as belonging to the administrative litigation jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074256.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074256", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074256" }, { "id": "nexus-sen-1-0007-1074263", "citation": "Res. 03983-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience of order to resolve environmental precautionary measure", "title_es": "Desobediencia de orden de resolver medida cautelar ambiental", "summary_en": "The Constitutional Chamber hears a non-compliance motion against the president of the Environmental Administrative Tribunal regarding the failure to obey Judgment No. 2022002496. In that prior judgment, the Chamber ordered an on-site inspection and, within three days after its completion, resolution of the precautionary measure requested by the plaintiffs since October 2021 in the context of an environmental complaint against the University of Costa Rica for alleged encroachment on a spring protection zone. The inspection was rescheduled from February 1 to February 9, 2022, due to health reasons (COVID-19), which the Chamber deems justified and not constituting disobedience on that point. However, after the deadline for resolving the precautionary measure passed, the Tribunal has not ruled, arguing it still lacks technical reports. The Chamber partially grants the motion, reiterates the order to immediately resolve the precautionary measure, and warns of possible administrative or criminal consequences in case of non-compliance.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074263.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074263", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074263" }, { "id": "nexus-sen-1-0007-1074264", "citation": "Res. 03993-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo concerning an automotive repair shop lacking permits and controls", "title_es": "Amparo ambiental por taller electromecánico sin condiciones", "summary_en": "The claimant filed an amparo action against the Ministry of Health – Parrita Health Area, alleging that since February 2021 she had reported a nearby auto repair shop that caused noise pollution, gas emissions, foul odors, and vibrations without the proper operating conditions. Despite multiple inspections and a sanitary order issued on 23 February 2021, the problems persisted and the authority had not resolved the underlying situation. The Constitutional Chamber examined whether the administration had failed to act on the complaint. It found that the Health Area had indeed carried out investigative acts: it conducted inspections, issued a sanitary order with compliance deadlines, verified partial compliance, and closed the order in July 2021. It also attended to a new complaint in December 2021, finding no irregularities. The Chamber concluded that the complaint reflected dissatisfaction with the outcome rather than administrative inaction, and that it is not within its powers to act as a legality controller or review technical criteria. Accordingly, it denied the amparo, but cautioned the respondent authority that it must address any environmental complaint within a reasonable time. Justice Salazar Alvarado added a note stating that, although matters where administrative intervention has already occurred generally belong to the contentious-administrative jurisdiction, he hears the merits when rights such as health, quality of life, and a healthy environment are at stake, as in this case.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "18/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074264.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074264", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074264" }, { "id": "nexus-sen-1-0007-1074326", "citation": "Res. 04265-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with order to provide drinking water to Alto de la Perica community", "title_es": "Incumplimiento de orden de suministro de agua potable a comunidad Alto de la Perica", "summary_en": "The Constitutional Chamber resolves a contempt proceeding filed by residents of the Alto de la Perica community against the Costa Rican Institute of Aqueducts and Sewers (AyA) and the Institute of Rural Development (INDER). In the original ruling (2020-020336), the Chamber had ordered: 1) to prepare within three months a schedule for the execution of an aqueduct project (maximum term of eighteen months), and 2) to adopt an immediate plan to supply drinking water to the community while the aqueduct is built, through water trucks, public fountains or any other necessary system. Nearly a year later, the petitioners allege non-compliance with both orders. The Chamber finds that the deadline for the schedule has not expired, thus no disobedience regarding the first order. However, it verifies non-compliance with the second order, as AyA admits not having provided water through alternative means. Consequently, the contempt proceeding is partially granted and the General Manager of AyA is ordered to immediately comply with the interim water supply plan.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "22/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074326.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074326", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074326" }, { "id": "nexus-sen-1-0007-1074609", "citation": "Res. 04204-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Installation of telecommunication poles and fundamental rights", "title_es": "Instalación de postes de telecomunicaciones y derechos fundamentales", "summary_en": "The Constitutional Chamber rejects on the merits an amparo action filed by residents of Turrialba against the Municipality for authorizing Golden Comunicaciones to install telecommunications poles on public roads. The plaintiffs alleged harm to health, privacy, and a healthy environment due to noise, obstruction, and proximity to homes. The Chamber reiterates its settled case law: there is no scientific evidence that telecommunications towers pose a risk to health or the environment; the deployment of telecommunications infrastructure is a matter of national public interest, declared by law as an activity of public interest that transcends local concerns and does not require a public hearing or a specific regulatory plan. The Chamber further holds that review of construction permits and compliance with technical requirements is a matter of ordinary legality, not constitutional amparo. Consequently, it declares the action inadmissible, stating that grievances must be pursued in administrative or contentious proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074609.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074609", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074609" }, { "id": "nexus-sen-1-0007-1074639", "citation": "Res. 04269-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against construction of battery recycling plant in Pococí", "title_es": "Amparo contra construcción de planta recicladora de baterías en Pococí", "summary_en": "The Constitutional Chamber dismissed the amparo filed by residents of Jiménez de Pococí against the Municipality of Pococí, the Ministry of Health, and MINAE regarding the construction of a battery recycling plant. The claimants argued that lead handling threatened the environment and health due to proximity to the Jiménez River and drinking water wells. The Chamber found that the authorities acted within their powers: SETENA granted environmental viability and later imposed and lifted precautionary measures after the developer committed to respecting the protection zone of a piped stream; the Ministry of Health approved plans and confirmed no polluting activity during construction; and the Water Directorate filed a criminal complaint for illegal works in a public watercourse, which is pending. Two judges provided separate reasoning, holding that the case should have been rejected because it involved a legality issue, not a constitutional one.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074639.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074639", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074639" }, { "id": "nexus-sen-1-0007-1074979", "citation": "Res. 03959-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Wood seizure and due process in amparo", "title_es": "Decomiso de madera y debido proceso en amparo", "summary_en": "The Constitutional Chamber heard an amparo filed by a forestry regent against MINAE, alleging illegal seizure of timber and violation of due process. The petitioner obtained a forest harvesting permit for 45 cocobolo trees, but a SINAC inspection found harvesting in forest areas and water protection zones, activities constituting crimes. A stop-work order was issued and a criminal complaint filed. The Prosecutor's Office ordered seizure of the timber and administrative file. The Chamber denied the amparo, holding that SINAC officials acted as auxiliary police under the functional direction of the Prosecutor's Office, not as autonomous administrative acts. It found that the legality of the seizure must be argued in ordinary proceedings. The Chamber determined that the reasons for the seizure were communicated during the operation, and that access to the file must be requested from the Prosecutor's Office. It merely verified no direct infringement of fundamental rights, deferring substantive discussion to the criminal case and ordinary channels.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental", "procedural-environmental" ], "date": "18/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1074979.json", "html_url": "/legal/doc/nexus-sen-1-0007-1074979", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1074979" }, { "id": "nexus-sen-1-0007-1075925", "citation": "Res. 04512-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of environmental viability in sanitary permit", "title_es": "Amparo por omisión de viabilidad ambiental en permiso sanitario", "summary_en": "The Constitutional Chamber hears an amparo action against the Ministry of Health and SETENA regarding the granting of a sanitary operating permit to Transportes Flores 053 S.A. for the treatment of hazardous hospital waste, allegedly without an environmental viability license. The petitioner claims violation of the precautionary and preventive principles, as well as the right to a prompt administrative remedy. The Chamber partially grants the amparo: it dismisses the claim regarding the lack of environmental viability because SETENA granted it through resolution 1565-2021-SETENA on October 6, 2021, before the filing of the appeal, rendering the claim moot. However, it upholds the claim concerning the delay in resolving the revocation appeal filed on June 25, 2021, before the Ministry of Health, which had not been decided at the time of the report. The Chamber orders the Ministry of Health to resolve said appeal within a maximum of fifteen days, under warning of contempt. The State is ordered to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "25/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1075925.json", "html_url": "/legal/doc/nexus-sen-1-0007-1075925", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1075925" }, { "id": "nexus-sen-1-0007-1075940", "citation": "Res. 04571-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Late municipal response to complaint about erosion from stormwater easement", "title_es": "Respuesta tardía de municipalidad a denuncia sobre erosión por servidumbre pluvial", "summary_en": "The Constitutional Chamber heard an amparo filed by condominium owners in Escazú who claimed that a municipal stormwater easement directed water to the La Cruz River, causing erosion that undermined their homes and endangered their lives and property. They alleged the municipality failed to definitively solve the problem and build protective works. The municipality responded that the erosion was due to natural river conditions, that it was the owners' responsibility to protect their properties, and that it had conducted inspections and delivered a report. The Chamber found that the dispute over the cause of erosion was a technical matter beyond the amparo's scope and should be addressed in ordinary civil proceedings. However, it held that the municipality had not timely delivered a formal response to the complaint filed in September 2021, as the report was only notified in February 2022, after the amparo was initiated. The Chamber partially granted the amparo for violation of the right to petition under Article 41 of the Constitution, without awarding costs or damages according to the majority vote. Separate dissenting opinions addressed the issue of awarding costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1075940.json", "html_url": "/legal/doc/nexus-sen-1-0007-1075940", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1075940" }, { "id": "nexus-sen-1-0007-1075961", "citation": "Res. 04625-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for CONAVI's failure to respond on national route conditions", "title_es": "Amparo por falta de respuesta del CONAVI sobre estado de ruta nacional", "summary_en": "The Constitutional Chamber hears an amparo filed by a resident near National Route 217 against the National Roads Council (CONAVI). The plaintiff claims CONAVI has failed to comply with a prior Chamber ruling (voto 2016005982) ordering repairs and maintenance of the bridge over the Poás River and drainage systems along the section between Poás de Aserrí and Lámparas de Alajuelita. He also complains that he submitted a complaint on September 29, 2021, detailing the poor road conditions and requesting completion of works, but received no response. During the proceedings, CONAVI reported on actions taken, but the Chamber found no evidence that the response had been formally communicated to the plaintiff. The amparo is partially granted for violation of the right to petition and timely response, ordering CONAVI to notify the plaintiff of its reply. Regarding the alleged non-compliance with the prior ruling, the relevant filing is separated for handling in the original case file. Justice Salazar Alvarado adds a concurring note.", "primary_topic_id": "_off-topic", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "25/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1075961.json", "html_url": "/legal/doc/nexus-sen-1-0007-1075961", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1075961" }, { "id": "nexus-sen-1-0007-1075962", "citation": "Res. 04631-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to notify municipal response on telecom tower violates due process", "title_es": "Omisión de notificar respuesta municipal sobre torre de telecomunicaciones lesiona debido proceso", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a resident against the Cóbano District Council for failing to respond to a request to demolish a telecommunications structure built without permits near Hotel Selina Sur. The petitioner argued that the lack of response violated his right to a healthy and ecologically balanced environment. During the proceedings, the Council stated that the structure was a pole, not a tower, that it already had a construction license, and that the response had been issued in official letter ING-017-2022, but it failed to prove that the petitioner had been notified. The Chamber found that although the request was received via official email in December 2021, the administration did not demonstrate effective notification of the response, which violated the petitioner's fundamental rights. The amparo was granted, ordering notification of the letter within three days and condemning the Council to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1075962.json", "html_url": "/legal/doc/nexus-sen-1-0007-1075962", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1075962" }, { "id": "nexus-sen-1-0007-1076214", "citation": "Res. 04606-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Confidentiality of inspection reports under criminal investigation", "title_es": "Confidencialidad de informes de inspección bajo investigación penal", "summary_en": "The Association for Ecology Development requested from the Ministry of Environment and Energy digital copies of inspection reports, species inventory and operational status of Ponderosa Adventure Park, concerning alleged violations of the Wildlife Law. The Vice Minister denied access, arguing the documents were part of an ongoing criminal investigation, functionally directed by the Prosecutor's Office, and had to remain confidential during the preparatory stage under Article 295 of the Criminal Procedure Code. The amparo was filed alleging violation of the right to access information. The Constitutional Chamber analyzed whether fundamental rights were violated and reiterated its case law that information incorporated into a criminal case under investigation is covered by summary secrecy, constituting a reasonable limitation on the right of access. No arbitrariness was found in the Ministry's action, as it was based on the confidential nature of the investigation and the applicant was advised to address the Prosecutor's Office directly for any request. Consequently, the appeal was dismissed.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "25/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1076214.json", "html_url": "/legal/doc/nexus-sen-1-0007-1076214", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1076214" }, { "id": "nexus-sen-1-0007-1076234", "citation": "Res. 04640-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Duty to Resolve Wastewater Complaints Within a Reasonable Time", "title_es": "El deber de resolver denuncias por aguas residuales en un plazo razonable", "summary_en": "The Constitutional Chamber examines an amparo appeal filed by a resident of Goicoechea who alleges that the local Health Area has failed to adequately address a wastewater seepage problem from a neighboring property, affecting his family's health. The appellant recounts that since 2017 he has complained about the issue, obtaining at that time health orders and a declaration of uninhabitability of the offending dwelling, but the problem persisted and he filed a new complaint in November 2021. The health authority conducted inspections and dye tests, but the last test could not be completed because the appellant did not open his door. The Chamber finds that the first complaint was duly handled and that the second is being processed without delay attributable to the authority; the holdup was due to the appellant's own conduct. It nonetheless reminds the respondent authority to settle the pending complaint within a reasonable time and without unnecessary delays. The appeal is denied, although the opinion includes a note by Justice Salazar Alvarado that emphasizes the need to protect the right to a healthy environment when health and quality of life are at stake.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1076234.json", "html_url": "/legal/doc/nexus-sen-1-0007-1076234", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1076234" }, { "id": "nexus-sen-1-0007-1076610", "citation": "Res. 04923-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Detention for transporting undocumented timber is not arbitrary", "title_es": "Detención por transporte de madera sin documentación no es arbitraria", "summary_en": "The Constitutional Chamber dismissed a habeas corpus petition against the Public Force, the Cañas Prosecutor's Office, and the OIJ regarding the detention of a man transporting timber without documentation proving its origin or possession. The Chamber held that the detention was not arbitrary, as it was based on the crime of timber transport under Forestry Law No. 7575 (Articles 55, 56, 57, and 61). The detention did not exceed the legal 24-hour limit, and the custody conditions, including handcuffing to a bench for security reasons, were justified because the OIJ sub-delegation lacked formal cells. The Chamber also declined to order the return of the seized timber, as that issue must be raised in ordinary criminal proceedings.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "01/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1076610.json", "html_url": "/legal/doc/nexus-sen-1-0007-1076610", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1076610" }, { "id": "nexus-sen-1-0007-1077800", "citation": "Res. 05085-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for failure to resolve watercourse piping complaint by the Environmental Administrative Tribunal", "title_es": "Amparo por falta de resolución del TAA en denuncia de entubamiento de quebrada", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Environmental Administrative Tribunal (TAA) for delay in resolving an environmental complaint regarding the piping of 70 meters of the Caída stream in Cartago, filed in 2010. After over eleven years of proceedings, including an oral hearing in October 2019, the TAA had not issued a final decision. The Chamber found that the delay of more than two years since the hearing, without valid justification, violated the right to a prompt and complete justice under Article 41 of the Constitution. It granted the amparo, ordered the TAA to resolve definitively within one month, and ordered the State to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1077800.json", "html_url": "/legal/doc/nexus-sen-1-0007-1077800", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1077800" }, { "id": "nexus-sen-1-0007-1077826", "citation": "Res. 05123-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality ordered to resolve complaint and repair drainage causing landslides", "title_es": "Municipalidad ordenada a resolver denuncia y reparar alcantarillado que causa deslizamientos", "summary_en": "The Constitutional Chamber hears an amparo filed by the owner of a property in Puriscal, who claims that the replacement of a municipal culvert on a road adjacent to a creek caused landslides on his land, endangering his family. Despite multiple inspections and technical recommendations from the National Emergency Commission, MINAE, and the municipal technical unit, the Municipality has not resolved the complaint filed on November 17, 2021, nor has it carried out the necessary works to stabilize the terrain. The Chamber verifies that, although the Municipality has taken preliminary steps and is processing a tender for complementary works, it has not provided a definitive solution nor notified any response to the complainant. The amparo is granted, ordering the Municipality to communicate the resolution of the complaint within ten days and to coordinate studies and works within a maximum period of six months to definitively solve the problem, under warning of committing a crime of disobedience. Justice Salazar issues a separate opinion stating that, in principle, administrative inaction is a matter of ordinary legality, but when it compromises the fundamental rights of vulnerable groups, he addresses the merits.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "04/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1077826.json", "html_url": "/legal/doc/nexus-sen-1-0007-1077826", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1077826" }, { "id": "nexus-sen-1-0007-1077910", "citation": "Res. 04504-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Indigenous consultation conditioned on quarry location within reserve", "title_es": "Consulta indígena condicionada a ubicación del tajo en reserva", "summary_en": "The Constitutional Chamber dismisses an amparo filed by representatives of the Huetar Quitirrisí Indigenous Council against several public entities regarding the operation of a quarry allegedly within indigenous territory. The applicants claimed violation of the right to prior consultation and to a healthy environment. The Chamber reiterates its precedent: amparo is not the proper avenue to determine whether the extractive activity is wholly or partially inside indigenous land, since such boundary dispute is a matter of ordinary legality to be resolved in administrative contentious proceedings, given the summary nature of amparo. Given the contradiction between the parties and documents showing different locations (some indicating the mining concession approved in 2005 excludes the reserve area, others that the property lies within indigenous territory), the Chamber holds that the property's legal status must first be clarified. Thus, no violation of the fundamental rights invoked is proven.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "procedural-environmental", "_off-topic" ], "date": "25/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1077910.json", "html_url": "/legal/doc/nexus-sen-1-0007-1077910", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1077910" }, { "id": "nexus-sen-1-0007-1077927", "citation": "Res. 05033-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutionality action inappropriate to review indigenous reserve boundaries", "title_es": "Improcedencia de revisar reserva indígena por acción de inconstitucionalidad", "summary_en": "The Constitutional Chamber dismisses on the merits an unconstitutionality action filed by development associations from Puerto Viejo and Manzanillo de Talamanca against Executive Decree 7267-G-1977 and articles 1 and 2 of Indigenous Law 6172. The plaintiffs argued that including unexpropriated private lands and the maritime-terrestrial zone within the Bribri de Këköldi Indigenous Reserve violated the principle of legal reserve (article 121(14) of the Constitution), property rights (article 45), and technical reasonableness. Relying on its own consistent case law (votes 0836-1998 and 2011-000281), the Chamber reaffirms that establishing indigenous reserves and granting communal ownership over those lands is fully consistent with constitutional law and fulfills international obligations to protect indigenous peoples. It further declines to review the actual boundary delimitation, which is a legality matter beyond this proceeding’s scope, and notes that any failure to expropriate non-indigenous owners—though governed by article 5 of the Indigenous Law—does not render the challenged norms unconstitutional; such claims must be pursued in ordinary courts.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "02/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1077927.json", "html_url": "/legal/doc/nexus-sen-1-0007-1077927", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1077927" }, { "id": "nexus-sen-1-0007-1077937", "citation": "Res. 05094-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unresolved Environmental Complaint Against Municipality", "title_es": "Denuncia ambiental no resuelta por municipalidad", "summary_en": "The Constitutional Chamber rules on an amparo action filed by a resident of Esparza against the Municipality for failing to resolve an environmental and noise pollution complaint lodged on August 31, 2021. The complaint targeted a company operating a workshop and factory in a residential area, causing noise and traffic. The Chamber confirms that although the municipality conducted inspections, it did not communicate or notify the complainant of any response. The amparo is granted, ordering notification within ten days, with a warning of criminal penalties for non-compliance. The municipality is also ordered to pay costs and damages. The ruling reaffirms the State's duty to ensure a healthy and ecologically balanced environment, safeguarding the right to health and quality of life.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1077937.json", "html_url": "/legal/doc/nexus-sen-1-0007-1077937", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1077937" }, { "id": "nexus-sen-1-0007-1077941", "citation": "Res. 05112-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Incomplete Response on Escazú Regulatory Plan", "title_es": "Amparo por respuesta incompleta sobre Plan Regulador de Escazú", "summary_en": "The Constitutional Chamber hears an amparo filed by the president of the Trejos Montealegre Neighborhood Civic Association (ACUTREM) against the Municipality of Escazú. The petitioner claims that after submitting a note on December 22, 2021, to the Department of Urban Planning and Control, pointing out alleged nullities in the modification process of the Regulatory Plan and requesting certified information about the public hearing held on June 5, 2021, the municipality failed to provide a complete response within the legal deadline. The Chamber verifies that, although the municipal authority issued a communication on January 14, 2022 (notified on January 27, 2022), it only addressed the observations regarding archiving the process but omitted to rule on the request for certification of the hearing participation procedure and the responsible officials. Finding a violation of the right to petition and access to information, the Chamber grants the amparo and orders the Mayor of Escazú to provide a complete response within ten days, under warning of the penalties established in Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1077941.json", "html_url": "/legal/doc/nexus-sen-1-0007-1077941", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1077941" }, { "id": "nexus-sen-1-0007-1077944", "citation": "Res. 05119-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal delay in responding to unsanitary abandoned lot complaint", "title_es": "Mora municipal en denuncia por lote abandonado insalubre", "summary_en": "The Constitutional Court granted an amparo against the Municipality of Desamparados for failing to definitively resolve an environmental complaint about an abandoned, unsanitary lot, filed in July 2021. The complainant argued that the abandonment facilitated fires, drug use, trash accumulation, and threatened her health and life. The Court held that although the municipality inspected the site and verified noncompliance with Article 84 of the Municipal Code, more than seven months elapsed without resolving the complaint, constituting administrative delay violating the rights to prompt justice (Article 41 of the Constitution) and a healthy environment (Article 50). It ordered the municipality to address and decide the complaint within one and two months, respectively, reminding it of its authority to act directly when owners fail to do so and then recover costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1077944.json", "html_url": "/legal/doc/nexus-sen-1-0007-1077944", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1077944" }, { "id": "nexus-sen-1-0007-1077945", "citation": "Res. 05122-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Delayed response to environmental information request and costs", "title_es": "Respuesta tardía a solicitud de información ambiental y costas", "summary_en": "The Constitutional Chamber hears an amparo action filed by Marco Levy Virgo against the Área de Conservación Amistad Caribe (ACLAC) for failing to respond to an environmental information request made on December 15, 2021. The petitioner sought certified coordinates and names of beneficiaries of use and construction permits issued by the Municipal Council within the Maritime Terrestrial Zone between 2014 and 2021. The respondent authority replied only on February 23, 2022, after being notified of the amparo's admission. The Chamber grants the amparo, finding a violation of the right to petition due to the untimely response given only after judicial intervention. However, by majority, it declines to award costs and damages, reasoning that the violation ceased before judgment and the claim lacks a direct pecuniary nature. Two partial dissenting votes argue that costs and damages (or only damages) should be awarded even when the violation has ceased, under Articles 51 and 52 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1077945.json", "html_url": "/legal/doc/nexus-sen-1-0007-1077945", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1077945" }, { "id": "nexus-sen-1-0007-1077971", "citation": "Res. 05192-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for lack of response to environmental administrative complaint", "title_es": "Improcedencia de amparo por falta de respuesta a denuncia administrativa ambiental", "summary_en": "The Constitutional Chamber dismissed an amparo filed by a citizen who had reported alleged environmental and urban planning violations to the Municipality of Garabito, including earthworks without environmental viability. The plaintiff claimed a violation of the right to petition and to prompt justice. The Chamber found that the request was not a simple information matter but an administrative claim subject to a specific procedure, governed by Article 41 of the Constitution. Although the municipality delayed its response (from December 2, 2021 to February 22, 2022), the Chamber rejected the amparo on the grounds that administrative delay issues fall under the contentious-administrative jurisdiction, not the constitutional one. It noted that the new administrative justice system provides expeditious mechanisms, such as the 'amparo de legalidad,' to protect these situations. Thus, the appeal was dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1077971.json", "html_url": "/legal/doc/nexus-sen-1-0007-1077971", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1077971" }, { "id": "nexus-sen-1-0007-1077981", "citation": "Res. 05252-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo on ASADAS Information", "title_es": "Inadmisibilidad de amparo sobre información de ASADAS", "summary_en": "The Constitutional Chamber declares the amparo appeal inadmissible, filed against the Rural Aqueduct Directorate of the Chorotega Region of ICAA, for requesting information and documentation from the ASADAS of Sámara, Cangrejal, and Torito. The appellant had requested data on operational evaluation, flows, gauging, water and hydraulic capacity, environmental management plan, protection areas, and improvement projects. The authority replied that such information was not within its competence but rather belonged to the ASADAS themselves. The Chamber notes that the claim was already analyzed and decided in ruling 2022002088, which determined that the disagreement with the response—rather than an omission—is a matter of ordinary legality, outside the constitutional jurisdiction. Therefore, the appellant is ordered to abide by the previous decision.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1077981.json", "html_url": "/legal/doc/nexus-sen-1-0007-1077981", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1077981" }, { "id": "nexus-sen-1-0007-1077982", "citation": "Res. 05253-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo petition inadmissible for failure to previously file a complaint with the Municipality of La Unión regarding a housing project", "title_es": "Recurso de amparo inadmisible por falta de gestión previa ante la Municipalidad de La Unión por proyecto habitacional", "summary_en": "The Constitutional Chamber declares inadmissible an amparo petition filed by neighbors against the Municipality of La Unión for authorizing a housing project by Urbanizadora La Laguna. The petitioners alleged that construction was affecting the aquifer of the 'Chiguite' spring and the 'El Violín' stream, causing water contamination. However, the Court verified that at the time of filing (February 2, 2022), the petitioners had not submitted any formal complaint to the municipality regarding the issue. Although a query was later sent to the Urban Planning Department (February 10, 2022), this was after the petition's filing and did not constitute a pending complaint. The Chamber reiterates it cannot act as a first instance; affected parties must first exhaust administrative remedies. Therefore, the petition is summarily dismissed under Article 9 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1077982.json", "html_url": "/legal/doc/nexus-sen-1-0007-1077982", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1077982" }, { "id": "nexus-sen-1-0007-1077995", "citation": "Res. 05330-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on contractual breach with MINAE", "title_es": "Amparo sobre incumplimiento contractual con MINAE", "summary_en": "The petitioner, an elderly woman with health issues, claimed that the Ministry of Environment and Energy (MINAE) breached a monthly payment contract for a protected area since 2016 and falsely reported them to the Environmental Tribunal for illegal logging on their property to avoid payment. The Constitutional Chamber summarily dismissed the amparo as inadmissible, holding that the dispute is one of ordinary legality that does not directly involve any fundamental right. The Chamber stated it is not a legality controller or an additional administrative instance, and thus cannot review contractual compliance or determine the truth of the logging accusations—matters for the Administration or ordinary courts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1077995.json", "html_url": "/legal/doc/nexus-sen-1-0007-1077995", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1077995" }, { "id": "nexus-sen-1-0007-1078034", "citation": "Res. 05037-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance proceeding regarding precautionary measure in environmental case", "title_es": "Gestión de desobediencia sobre medida cautelar en expediente ambiental", "summary_en": "The Constitutional Chamber hears a subsequent motion filed by petitioners Mechthild Bors de Barquero and Paulina Mata Monge, concerning judgment No. 2022002496 of January 28, 2022, which ordered the Environmental Administrative Tribunal (TAA) to conduct an on-site inspection and to rule within three days on a request for a precautionary measure to halt construction of a UCR building on Finca 3. The petitioners allege that the inspection carried out on February 9 was incomplete and that the TAA has not issued the precautionary measure. The Chamber dismisses the challenges to the inspection's scope as matters of ordinary legality, and refuses to directly issue a precautionary measure, as that is within the TAA's competence. However, it notes that the TAA did issue the precautionary measure through resolution No. 313-22-TAA of February 24, 2022, ordering the stoppage of works within a 100-meter radius of a spring. Consequently, it declares the motion without merit, holding that the prior judgment's order was substantially complied with by the issuance of that measure.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "02/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1078034.json", "html_url": "/legal/doc/nexus-sen-1-0007-1078034", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1078034" }, { "id": "nexus-sen-1-0007-1078720", "citation": "Res. 17783-2021 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Controlled intervention in wetlands for public infrastructure — constitutional interpretation of Decree 39838-MINAE", "title_es": "Intervención controlada en humedales para infraestructura pública — interpretación constitucional del Decreto 39838-MINAE", "summary_en": "The Constitutional Chamber reviewed the unconstitutionality claim against Executive Decree No. 39838-MINAE, which empowered SINAC to authorize controlled interventions in wetland ecosystems for state public infrastructure projects declared of national convenience. The plaintiffs alleged violations of the right to a healthy environment, the principle of legal reserve, and the Ramsar Convention, among others. The Chamber dismissed the action but issued an interpretive ruling conditioning the decree's validity: Article 1 only permits intervention in wetlands that have not been declared part of the State's Natural Heritage, are not in protected wild areas, and are not on the Ramsar List, provided a prior technical study determines the intervention will not cause deterioration or elimination of the ecosystem. Justice Cruz Castro dissented, arguing that even for such wetlands, a formal law is required to authorize intervention, based on the reinforced principle of legal reserve in environmental matters.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "11/08/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0007-1078720.json", "html_url": "/legal/doc/nexus-sen-1-0007-1078720", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1078720" }, { "id": "nexus-sen-1-0007-1082376", "citation": "Res. 07512-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Irregular occupation of State Natural Heritage on Isla Grande", "title_es": "Ocupación irregular en Patrimonio Natural del Estado en Isla Grande", "summary_en": "The Constitutional Chamber partially granted an amparo action against the Ministry of Environment and Energy and the Municipality of Golfito regarding the irregular occupation and environmental damage on Isla Grande, an area declared State Natural Heritage (PNE). The claimant reported mangrove invasion, unpermitted commercial establishments, wastewater pollution, and failure to comply with 2010 directives from the Comptroller General. The Chamber found that, despite some actions, the problem had persisted for over a decade, with 61 structures, untreated sewage, unauthorized water extraction, and mangrove cutting. The Court ordered MINAE, the Osa Conservation Area, and the Municipality to fully implement all recommendations in Comptroller report DFOE-SM-IF-5-2010 within twelve months, ensuring the area's integral remediation. The mayor was ordered to provide eviction progress information within five days. Costs and damages were imposed. The claim against the Ministry of Health was dismissed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "procedural-environmental" ], "date": "01/04/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1082376.json", "html_url": "/legal/doc/nexus-sen-1-0007-1082376", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1082376" }, { "id": "nexus-sen-1-0007-1083933", "citation": "Res. 08535-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Detention without final judgment due to judicial remands", "title_es": "Privación de libertad sin sentencia firme por reenvíos judiciales", "summary_en": "The Constitutional Chamber resolves a habeas corpus petition filed on behalf of a defendant detained since August 2016. The petitioner argues that after multiple annulments and remands, there is no final judgment on either the facts or the sentence, and that the preventive detention deadlines have expired. The Chamber notes that the defendant was initially convicted in January 2019, but the Cartago Criminal Sentence Appeals Court partially annulled the ruling and ordered a retrial. Subsequently, the Pérez Zeledón Trial Court issued a second conviction in April 2021, which was also annulled by the Appeals Court in January 2022, ordering a new retrial. According to the Chamber, despite the successive annulments, the defendant's guilt became final with the first decision, so he is considered a convicted prisoner and not in preventive detention. It finds that procedural deadlines have been respected and that the delay results from the legitimate exercise of appeals by the parties. Furthermore, the lack of a definitive sentence does not violate his rights, as he remains under the authority of the National Institute of Criminology. The Chamber dismisses the petition.", "primary_topic_id": null, "topic_ids": [], "date": "19/04/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1083933.json", "html_url": "/legal/doc/nexus-sen-1-0007-1083933", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1083933" }, { "id": "nexus-sen-1-0007-1085569", "citation": "Res. 09463-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on emergency protocol and teacher reassignment for minor with allergy and Asperger's", "title_es": "Amparo sobre protocolo de emergencia y cambio de docente para menor con alergia y Asperger", "summary_en": "The Constitutional Chamber hears an amparo filed by the mother of a minor who is in fifth grade at the San Ramón Laboratory School and suffers from extreme allergy to ants and autism spectrum disorder. The petitioner claims that in February 2021, the teacher took the group to a wooded area with anthills, endangering the minor's life, and later mistreated her, causing emotional crises. She requests a teacher reassignment and a definitive solution. The Chamber finds that the school has developed and applies a special emergency protocol for the minor and no insect-related incidents have occurred. Regarding the complaint against the teacher, the Disciplinary Management Department opened a preliminary investigation and has conducted proceedings without excessive delay. The Chamber concludes that no fundamental rights were violated and denies the amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/04/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1085569.json", "html_url": "/legal/doc/nexus-sen-1-0007-1085569", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1085569" }, { "id": "nexus-sen-1-0007-1095180", "citation": "Res. 08750-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Definition of environmental damage in the EIA Regulation before the Constitutional Chamber", "title_es": "Definición de daño ambiental en el Reglamento de EIA ante la Sala Constitucional", "summary_en": "The Constitutional Chamber ruled on a constitutional challenge to the phrase in Article 3(28) of the General Regulation on Environmental Impact Assessment Procedures (Executive Decree 31849) that limits the concept of environmental damage to alterations of high environmental impact significance (SIA). The claimants and the Attorney General argued this restriction violated Article 50 of the Constitution and the principles of non-regression, legal reserve, and objectivity by excluding medium and low significance damage from remediation. The Chamber's majority dismissed the action, holding that the definition must be interpreted within the context of the predictive EIA procedure administered by SETENA, which evaluates all impacts and applies control measures, while other regulations and the Administrative Environmental Tribunal provide broader definitions of damage. Three judges dissented and would have struck down the phrase as regressive and unconstitutional.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "20/04/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1095180.json", "html_url": "/legal/doc/nexus-sen-1-0007-1095180", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1095180" }, { "id": "nexus-sen-1-0007-1096038", "citation": "Res. 13129-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative inaction concerning tire wall in protected area", "title_es": "Omisión administrativa frente a muro de llantas en área de protección", "summary_en": "The Constitutional Chamber granted an amparo filed by residents of Puriscal against the Municipality of Puriscal and SINAC. The complainants reported the construction of a tire wall within the protected area of a stream and riverbed, causing environmental damage, water diversion, and land instability, which endangered their homes and the physical integrity of two elderly disabled applicants. The Chamber found that both institutions had been aware of the problem since 2020, conducted inspections confirming the encroachment and damage, and even referred the matter to the Prosecutor's Office, yet failed to take effective action or coordinate properly. It ordered the respondent authorities to coordinate, implement necessary measures, and carry out works to definitively resolve the issue within one year, with warning of penalties under the Constitutional Jurisdiction Law.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "10/06/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1096038.json", "html_url": "/legal/doc/nexus-sen-1-0007-1096038", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1096038" }, { "id": "nexus-sen-1-0007-109724", "citation": "Res. 02456-1997 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Expropriate and Compensate Owners in the Golfo Dulce Forest Reserve", "title_es": "Omisión de expropiación e indemnización en la Reserva Forestal Golfo Dulce", "summary_en": "The Constitutional Court granted an amparo against the Ministry of Environment and Energy for failing to execute the expropriations and pay compensation ordered by Executive Decrees 8494-A, 9388-A, and 10142-A, which placed lands within the Golfo Dulce Forest Reserve under a forest regime. Although the decrees obligated the General Forestry Directorate to conduct a census, manage the direct purchase or expropriation of privately held lands, and permit controlled use pending acquisition, the Administration neither completed the census nor initiated expropriation proceedings for nearly twenty years, effectively restricting property use and enjoyment without prior compensation. The Court ordered the Ministry to complete the census, initiate expropriations, and develop a land use plan for legitimate owners and possessors to sustain themselves during the process, reaffirming that property limitations are indemnifiable and the State must comply with Article 45 of the Constitution.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "02/05/1997", "year": "1997", "json_url": "/data/legal/docs/nexus-sen-1-0007-109724.json", "html_url": "/legal/doc/nexus-sen-1-0007-109724", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-109724" }, { "id": "nexus-sen-1-0007-1097426", "citation": "Res. 13674-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of Environmental Amparo on Aerial Spraying in Matina", "title_es": "Rechazo de amparo ambiental por fumigación aérea en Matina", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by a resident of Matina against several public authorities for alleged violations of the rights to health and a healthy environment due to aerial spraying of pesticides in banana plantations. The petitioner claimed that the amendment to Article 70 of the Agricultural Aviation Regulation, which allows reducing the no-spray buffer from 100 meters to 30 meters if tree barriers are present, lacked technical protocols and caused drift harm. The Chamber found that the requested information was eventually provided and that health authorities, the State Phytosanitary Service, the Water and Sewerage Institute, and the Ombudsman had carried out inspections, addressed complaints, and conducted water quality monitoring. It held that no violation was proven and that the Chamber had already ruled in prior unconstitutionality actions on the decree's validity, a ruling the petitioner had to abide by.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "17/06/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1097426.json", "html_url": "/legal/doc/nexus-sen-1-0007-1097426", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1097426" }, { "id": "nexus-sen-1-0007-1099832", "citation": "Res. 01622-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of the national convenience declaration for the El Diquís Hydroelectric Project due to omission of socio-environmental studies and non-compliance with ILO Convention 169", "title_es": "Anulación de la declaratoria de conveniencia nacional del Proyecto Hidroeléctrico El Diquís por omisión de estudios socioambientales e incumplimiento del Convenio 169 de la OIT", "summary_en": "The Constitutional Chamber partially granted an unconstitutionality action against Executive Decree No. 34312-MP-MINAE, which declared the El Diquís Hydroelectric Project to be of national convenience. The Court annulled the decree as unconstitutional after confirming—based on the Minister of Environment's own report—that the Executive Branch failed to produce the technical studies required to demonstrate that social benefits exceeded socio-environmental costs, as mandated by articles 3(m), 19(b), and 34 of the Forestry Law. It also found that the decree potentially affected the Térraba and China Kichá indigenous territories without complying with the safeguards of ILO Convention 169, illegitimately rendering those territories invisible by exempting ICE from proving property ownership. The ruling modulates the effects of the annulment: it does not affect the technical information already gathered nor the agreements reached between ICE and the indigenous communities. The request to recognize legal personhood for the Río Grande de Térraba was denied. Two justices dissented.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "archaeological-heritage-6703", "indigenous-law-6172" ], "date": "19/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1099832.json", "html_url": "/legal/doc/nexus-sen-1-0007-1099832", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1099832" }, { "id": "nexus-sen-1-0007-1101024", "citation": "Res. 14930-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition not violated where municipality already responded and area is inalienable protected zone", "title_es": "Derecho de petición no vulnerado si la municipalidad ya respondió y el área es zona protegida inalienable", "summary_en": "The Constitutional Chamber dismisses an amparo action filed by an elderly woman who claimed the Municipality of Osa failed to respond to her requests regarding a regulatory plan, land use, and a concession in the maritime-terrestrial zone of Dominicalito. The Chamber finds that the petitioner received responses via municipal letters to her March 2022 requests, and that the May 31 request was a resubmission of those already answered. Moreover, the land in question is classified as a protected zone (wetland) and State Natural Heritage, so the municipality cannot grant a concession or authorize commercial use. The petitioner had already been evicted in 2009 for illegal occupation and her concession request was denied. The Chamber concludes there was no violation of the right to petition or other fundamental rights, as the underlying disputes are matters of ordinary legality.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "01/07/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1101024.json", "html_url": "/legal/doc/nexus-sen-1-0007-1101024", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1101024" }, { "id": "nexus-sen-1-0007-1103566", "citation": "Res. 17111-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Enforcement of Municipal Agreements on Lifeguards and Right to Physical Integrity", "title_es": "Ejecución de acuerdos municipales sobre guardavidas y derecho a la integridad física", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Garabito for failing to resolve a complaint regarding the implementation of a municipal agreement to create lifeguard positions at Playa Hermosa. The petitioner claimed violations of the right to a healthy environment and the right to physical integrity of beach visitors. During the proceedings, the municipality issued a response; the Chamber therefore granted the amparo solely for purposes of compensation and costs under Article 52 of the Constitutional Jurisdiction Law. The majority, however, exempted the municipality from paying costs and damages, reasoning that the claim did not directly involve rights of a clearly patrimonial nature. Several judges dissented, arguing that an abstract condemnation should have been imposed. This ruling underscores municipal duties to respond to complaints and the constitutional protection of physical integrity linked to public safety services at beaches.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "22/07/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1103566.json", "html_url": "/legal/doc/nexus-sen-1-0007-1103566", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1103566" }, { "id": "nexus-sen-1-0007-110400", "citation": "Res. 03467-1997 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Withdrawal due to administrative annulment of challenged act", "title_es": "Desistimiento por anulación administrativa del acto impugnado", "summary_en": "The Constitutional Chamber hears an amparo filed by a public transport company (minibuses) against an agreement of the Technical Transport Commission that relocated the terminal of another bus company thirty meters before the petitioner's terminal, allegedly causing unfair competition by offering a similar service at a lower fare. The petitioner claimed a violation of Article 39 of the Constitution due to lack of prior hearing. Before the amparo was served on the respondent authority, the Technical Commission itself annulled the challenged act and the petitioner withdrew the amparo. The Chamber, having verified that the annulment occurred before the notification of the amparo, accepts the withdrawal and orders the case to be archived, in accordance with Article 52 of the Constitutional Jurisdiction Law. Since the request for passive joinder by the benefited company was received after the withdrawal, the Chamber does not rule on it.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/06/1997", "year": "1997", "json_url": "/data/legal/docs/nexus-sen-1-0007-110400.json", "html_url": "/legal/doc/nexus-sen-1-0007-110400", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-110400" }, { "id": "nexus-sen-1-0007-1104540", "citation": "Res. 17550-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "San Lorenzo River flooding and omissions by Municipality and MOPT", "title_es": "Desbordamiento del río San Lorenzo y omisión municipal y del MOPT", "summary_en": "The Constitutional Chamber granted an amparo petition filed by residents of Valle Azul, San Ramón, against the Ministry of Public Works and Transport (MOPT) and the Municipality of San Ramón for failing to address recurrent flooding of the San Lorenzo River. It was proven that the area is a floodplain with informal, unpermitted constructions, and that the authorities had been aware of the risk for years without taking definitive action. The Chamber ordered MOPT's River Works Directorate and the Municipality to jointly determine whether and how the river channel should be intervened, setting a 36-month deadline for a definitive solution. It also ordered the Municipality to inspect irregular constructions within one month and act according to law. The claim against the Water Directorate of MINAE and the National Emergency Commission was dismissed, as no omissions were found on their part.", "primary_topic_id": null, "topic_ids": [], "date": "29/07/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1104540.json", "html_url": "/legal/doc/nexus-sen-1-0007-1104540", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1104540" }, { "id": "nexus-sen-1-0007-1113817", "citation": "Res. 22070-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Institutional duty to protect the Moín aquifer from informal settlement in recharge zone", "title_es": "Deber institucional de proteger el acuífero Moín ante precario en zona de recarga", "summary_en": "The Constitutional Chamber heard an amparo action filed by a company owning two properties located within the Moín aquifer absolute protection Zone 6, established by an AyA Board of Directors agreement. The petitioner argued that the informal settlement —known as Villa Plata— was causing land-use change, tree felling, uncontrolled wastewater discharge, and well drilling, posing a serious risk of aquifer contamination. It claimed inaction by the Costa Rican Institute of Aqueducts and Sewers (AyA), MINAE, the Municipality of Limón, SINAC, and the Ministry of Health, as well as delay in performing the requested technical studies. The Chamber found that, although AyA had reported specific incidents to the Environmental Administrative Tribunal and conducted inspections, there was prolonged inter-institutional lack of coordination and a failure to address the problem comprehensively, violating the right to a healthy and ecologically balanced environment. It granted the action solely for the delay and ordered the creation of an inter-institutional commission and the design of an action plan to protect the aquifer.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "23/09/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1113817.json", "html_url": "/legal/doc/nexus-sen-1-0007-1113817", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1113817" }, { "id": "nexus-sen-1-0007-1121494", "citation": "Res. 26065-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Chlorothalonil metabolite contamination in springs of the Cipreses ASADA", "title_es": "Contaminación por metabolitos de clorotalonil en nacientes de la ASADA de Cipreses", "summary_en": "The Constitutional Chamber granted an amparo action regarding contamination with metabolites of the fungicide chlorothalonil in two springs used for human consumption in Cipreses de Oreamuno, Cartago. Analyses revealed metabolite concentrations of 19.36 µg/L and 1.73 µg/L, exceeding the regulatory limit of 0.1 µg/L. Although the respondents argued lack of accreditation of the testing methods, the Chamber found clear evidence of contamination and deemed the provisional measures (spring closure, water trucks) insufficient. It ordered the national water utility (AyA) and the Ministry of Health to prepare, within three months, a joint plan for a comprehensive and definitive solution; to investigate whether other communities were affected; and in the interim to guarantee safe drinking water via tankers or other means. The ruling applies the precautionary principle and reaffirms the State’s duty to protect the right to a healthy environment and health.", "primary_topic_id": "water-law", "topic_ids": [ "art-50-constitution", "procedural-environmental", "water-law" ], "date": "04/11/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1121494.json", "html_url": "/legal/doc/nexus-sen-1-0007-1121494", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1121494" }, { "id": "nexus-sen-1-0007-1125924", "citation": "Res. 27086-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Enforcement of ruling on chlorothalonil contamination in Cipreses", "title_es": "Ejecución de sentencia sobre contaminación por clorotalonil en Cipreses", "summary_en": "The Constitutional Chamber resolves a post-judgment enforcement motion filed by the petitioner regarding ruling No. 2022-026065, which had ordered comprehensive remediation of chlorothalonil metabolite contamination in the Plantón and Carlos Calvo springs of the Cipreses de Oreamuno ASADA. The petitioner alleges new facts: the contamination has spread to other springs of the Santa Rosa ASADA, affecting over 3,700 people, and requests additional measures. The Chamber finds that the grievances raised in this subsequent motion differ from those decided in the original amparo, and therefore detaches the filing to be processed as a new case. No ruling on the merits of the new claims is made; instead, the matter is referred for independent review.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "15/11/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1125924.json", "html_url": "/legal/doc/nexus-sen-1-0007-1125924", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1125924" }, { "id": "nexus-sen-1-0007-1129858", "citation": "Res. 25167-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Closure of Parque Viva as indirect violation of freedom of expression", "title_es": "Cierre de Parque Viva como violación indirecta a la libertad de expresión", "summary_en": "The Constitutional Chamber granted an amparo filed by journalists from Grupo Nación against the Ministry of Health, finding that the sanitary order suspending Parque Viva's operating permit constituted an indirect restriction on freedom of expression and press. The Chamber held the closure was arbitrary, lacked timely technical support, and was motivated by retaliation from the Executive Branch against the media outlet. It ordered the annulment of the sanitary order and the confirmatory communication, reinstating the operating permit.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "21/10/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1129858.json", "html_url": "/legal/doc/nexus-sen-1-0007-1129858", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1129858" }, { "id": "nexus-sen-1-0007-1133894", "citation": "Res. 00357-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sala Primera's 'economic link' case law does not violate tax law reservation principle", "title_es": "La jurisprudencia de la Sala Primera sobre 'vinculación económica' no viola el principio de reserva de ley tributaria", "summary_en": "The Constitutional Chamber rejects on the merits a constitutional challenge to the case law of the Supreme Court's First Chamber interpreting the territoriality principle in tax matters. The majority holds that rulings 617-F-S1-2010, 55-F-S1-2011, 475-F-S1-2011, 976-F-S1-2016, and 326-F-S1-2017 do not violate the legal reservation principle of Article 121(13) of the Constitution by taxing as Costa Rican-source income the returns on foreign investments made by companies domiciled in the country with national capital. It finds that the 'economic link' criterion is not an independent judicial creation but a correct application of the tax base defined in Articles 1, 5, and 6(ch) of the Income Tax Law. It also dismisses claims regarding the principles of economic capacity, legal certainty, and double taxation. Justices Rueda Leal and Garita Navarro dissent, declaring the case law unconstitutional for extending the taxable event beyond the territorial source defined by the legislature.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1133894.json", "html_url": "/legal/doc/nexus-sen-1-0007-1133894", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1133894" }, { "id": "nexus-sen-1-0007-1134126", "citation": "Res. 00136-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against environmental viability of Coyol Logistics Park", "title_es": "Amparo contra viabilidad ambiental del Parque Logístico Coyol", "summary_en": "The Constitutional Chamber flatly rejects an amparo petition filed against MINAE, SETENA, and the Municipality of Alajuela regarding the environmental viability granted to the Coyol Logistics Park project. The petitioner argued that viability was granted without adequate environmental and traffic impact studies, and that her objections were dismissed as untimely. The Court finds that the claim involves an ordinary legality dispute, as no direct violation of fundamental rights is demonstrated; the Chamber cannot review technical criteria or act as an appellate body for SETENA. Concerning the Municipality's failure to respond to a request about earth-moving permits, the majority holds that administrative delay is a matter of ordinary legality to be brought before the contentious-administrative jurisdiction, which now offers swift and effective remedies. Justice Cruz Castro dissents only on the delay issue, maintaining that the right to prompt and complete administrative justice under Article 41 of the Constitution is amenable to amparo review.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "10/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1134126.json", "html_url": "/legal/doc/nexus-sen-1-0007-1134126", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1134126" }, { "id": "nexus-sen-1-0007-1134239", "citation": "Res. 00353-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutionality of case law on territoriality in income tax", "title_es": "Inconstitucionalidad de jurisprudencia sobre territorialidad en impuesto sobre la renta", "summary_en": "The Constitutional Chamber resolved an unconstitutionality action against the case law line of the Supreme Court's First Chamber, which broadly interpreted the territoriality principle in the corporate income tax. According to that case law, income from foreign investments made with Costa Rican capital or by Costa Rican-domiciled companies was deemed Costa Rican-source income and thus taxable. The majority of the Constitutional Chamber dismissed the action on the merits, holding that the First Chamber's interpretation did not create a new tax or modify the essential elements of the tax, but rather applied substantive norms to specific facts without violating the principle of legal reservation. Two justices dissented and granted the action in part, finding that the challenged case law expanded the taxable event and infringed that principle. Additionally, the Chamber unanimously rejected the claims of violation of the economic capacity principle and double taxation for lack of sufficient grounds.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1134239.json", "html_url": "/legal/doc/nexus-sen-1-0007-1134239", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1134239" }, { "id": "nexus-sen-1-0007-1134240", "citation": "Res. 00355-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Income tax on profits from foreign investments", "title_es": "Impuesto sobre utilidades por inversiones en el extranjero", "summary_en": "The Constitutional Chamber, by majority, dismisses the unconstitutionality action against the case law of the First Chamber that considers profits obtained by Costa Rican-domiciled companies from temporary foreign investments as taxable in Costa Rica. The majority holds that this interpretation does not violate the principle of statutory reservation in tax matters, as it merely applies correctly Articles 1, 5, and 6(ch) of the Income Tax Law (Law 7092). According to this view, returns generated with Costa Rican capital, even if placed abroad, maintain an economic link to the domestic producing source, and thus constitute Costa Rican-source income subject to the profits tax. The majority also rejects the alleged violation of the principles of economic capacity and double taxation for lack of substantiation. However, Judges Rueda Leal and Garita Navarro dissent and partially grant the action, considering that the impugned case law improperly expands the taxable event by taxing extraterritorial income under a subjective worldwide-income criterion, contrary to the constitutional principle of statutory reservation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1134240.json", "html_url": "/legal/doc/nexus-sen-1-0007-1134240", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1134240" }, { "id": "nexus-sen-1-0007-1134242", "citation": "Res. 00359-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional challenge against First Chamber case law on tax territoriality", "title_es": "Acción de inconstitucionalidad contra jurisprudencia de la Sala Primera sobre territorialidad tributaria", "summary_en": "The Constitutional Chamber dismissed on the merits a constitutional challenge against a line of case law from the First Chamber of the Supreme Court interpreting the territoriality principle in the corporate income tax. The majority held that the case law merely correctly interprets and applies the Income Tax Act, without creating new taxes or modifying essential elements of the tax, so it does not violate the principle of statutory reservation. However, a dissenting opinion considers such case law unconstitutional for extending the taxable event through the concept of \"economic linkage,\" taxing extraterritorial income in violation of the statutory reservation principle and the objective territoriality criterion of the Costa Rican tax system. The claims of violation of the ability-to-pay principle and double taxation were dismissed for lack of substantiation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1134242.json", "html_url": "/legal/doc/nexus-sen-1-0007-1134242", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1134242" }, { "id": "nexus-sen-1-0007-1134306", "citation": "Res. 00498-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo Dismissal: Precautionary Measure for Río Agres Protection Zone Not Granted", "title_es": "Improcedencia de amparo: solicitud de medida cautelar en zona de protección del Río Agres", "summary_en": "The Constitutional Chamber heard an amparo filed by a citizen against the Municipality of Escazú, MINAE, OIJ, and the Prosecutor's Office. The petitioner sought to halt commercial use and construction within the Río Agres protection zone, alleging environmental harm and a lack of precautionary measures in a criminal investigation. The Chamber dismissed the appeal, finding no unlawful omission by the authorities. The petitioner had only requested information from the municipality about construction permits and licenses, without filing a formal environmental complaint about the protection zone. The OIJ's criminal investigation was ongoing with active proceedings, and decisions on precautionary measures fall within the ordinary criminal jurisdiction. MINAE and the Prosecutor's Office were not directly involved. The Chamber reiterated it does not replace active administration or criminal courts and that amparo is not a mechanism for filing complaints or controlling the pace of criminal investigations.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "13/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1134306.json", "html_url": "/legal/doc/nexus-sen-1-0007-1134306", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1134306" }, { "id": "nexus-sen-1-0007-1134413", "citation": "Res. 25307-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Consultation on expedited environmental review for green hydrogen", "title_es": "Consulta sobre viabilidad ambiental expedita para hidrógeno verde", "summary_en": "The Constitutional Chamber resolved a facultative legislative consultation on the bill 'Law for the promotion and implementation of a green hydrogen economy in Costa Rica'. By majority, it held that the bill as a whole does not violate the principle of technical reasonableness due to lack of prior studies, since it is a promotional norm enjoying broad legislative discretion. However, unanimously it found article 18 contrary to Article 50 of the Constitution (right to a healthy environment) for two reasons: (i) setting a maximum 60-calendar-day deadline to resolve environmental feasibility regardless of project impact, thus breaching the precautionary principle; and (ii) empowering the MINAE minister to determine the environmental procedure, thereby displacing SETENA's technical competencies and contravening the principle of objective environmental protection. It also declared unconstitutional the generic authorization for RECOPE to use the National Fuel System (articles 3 and 24) as infringing private property rights. Other objections were dismissed.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554" ], "date": "25/10/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1134413.json", "html_url": "/legal/doc/nexus-sen-1-0007-1134413", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1134413" }, { "id": "nexus-sen-1-0007-1134838", "citation": "Res. 00445-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for smoke pollution from wood-fired stove and oven", "title_es": "Amparo por contaminación de humo de fogón y horno de leña", "summary_en": "The Constitutional Court reviews a writ of amparo filed by an elderly woman against the Ministry of Health and the Municipality of Escazú for failing to resolve her complaint about smoke pollution from her neighbor's wood-burning stove and oven. The petitioner claims the authorities have not prevented the use of these devices, which harm her health and cause asthma attacks. The Court examines whether there was a violation of the right to a swift and effective administrative procedure. It finds that both the Ministry of Health and the Municipality have addressed the complaint: the Ministry issued sanitary orders, verified compliance with chimney height requirements under the Construction Regulation, and closed the case after confirming that the chimneys extend 5.05 meters above the petitioner's roof. The Municipality, in turn, ordered the chimneys not to be used until regulatory compliance is achieved and has monitored the required construction permit. The Court concludes there was no administrative delay and that any dispute over the correctness of the measurements or the interpretation of Article 169 of the Construction Regulation must be resolved in ordinary courts. The amparo is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1134838.json", "html_url": "/legal/doc/nexus-sen-1-0007-1134838", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1134838" }, { "id": "nexus-sen-1-0007-1134840", "citation": "Res. 00449-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Obstruction of the María Aguilar River and Municipal Failure to Respond", "title_es": "Amparo por obstrucción del río María Aguilar y falta de respuesta municipal", "summary_en": "The Constitutional Chamber heard an amparo filed by residents of Curridabat against the Municipality of Curridabat regarding obstruction of the María Aguilar riverbed by a bamboo clump, mesh, sediment, and other materials. The plaintiffs alleged that despite filing a complaint on May 5, 2022 (case No. 8494-2022), the municipality had neither resolved the issue nor responded. The municipality reported actions taken since 2021, including cutting bamboo stalks, inspections, and coordination with the responsible property owner, but cited legal and budgetary constraints to fully remove the clump. The Chamber found that the municipality had indeed acted within its powers, so there was no inaction—only the plaintiffs’ dissatisfaction with the results. However, it was proven that the municipality’s actions and follow-ups were not notified to plaintiff Nombre81265, violating his right of petition. Therefore, the amparo was partially granted: denied regarding demands for specific works, but granted for lack of a formal response to the complaint, ordering a response within ten days. The municipality was ordered to pay costs, damages, and losses. Magistrate Castillo Víquez appended a note on jurisdiction over prompt administrative justice disputes, reiterating his view that such matters belong to the administrative contentious jurisdiction, with limited exceptions recognized by the Chamber.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1134840.json", "html_url": "/legal/doc/nexus-sen-1-0007-1134840", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1134840" }, { "id": "nexus-sen-1-0007-1134846", "citation": "Res. 00464-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Boundary re‑survey of State Natural Heritage does not violate rights", "title_es": "Replanteo de límites de Patrimonio Natural del Estado no vulnera derechos", "summary_en": "The Constitutional Chamber reviewed an amparo filed by landowners in Juanilama de Pocosol who claimed that SINAC was re‑surveying and fencing a strip they considered theirs, without prior proceedings, which they labeled an expropriation. The Chamber confirmed that the strip is part of the State Natural Heritage, transferred by the IDA in 2010, and that the re‑survey was carried out after informing the community and neighbors. The field survey verified that the claimants were improperly using 5,480 m² of state land. The court denied the amparo because the substantive claim —recognition of property rights over that land— belongs in administrative or ordinary civil proceedings, not in amparo. The ruling reiterates that amparo is not the proper avenue for adjudicating property rights or boundary disputes.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "procedural-environmental", "_off-topic" ], "date": "13/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1134846.json", "html_url": "/legal/doc/nexus-sen-1-0007-1134846", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1134846" }, { "id": "nexus-sen-1-0007-1134894", "citation": "Res. 00560-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed for failure to submit copy of environmental complaint as ordered", "title_es": "Rechazo de amparo por incumplimiento de prevención sobre copia de denuncia ambiental", "summary_en": "The Constitutional Chamber dismisses an amparo action filed against the Environmental Administrative Tribunal (TAA) for allegedly failing to resolve an environmental complaint concerning the illegal diversion of a river channel. The petitioner argued that the right to a healthy and ecologically balanced environment was violated by the TAA's inaction for over two years. However, the Chamber had previously ordered the petitioner to submit a complete legible copy of the complaint filed with the TAA, warning that failure to do so would result in dismissal. Since the order was not complied with within the deadline, the Chamber applied Article 42 of the Constitutional Jurisdiction Law and rejected the action without addressing the merits. The ruling does not comment on whether environmental harm occurred; it is purely a procedural dismissal.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1134894.json", "html_url": "/legal/doc/nexus-sen-1-0007-1134894", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1134894" }, { "id": "nexus-sen-1-0007-1134943", "citation": "Res. 00660-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental Administrative Tribunal's delay in environmental complaint", "title_es": "Mora del Tribunal Ambiental Administrativo en denuncia ambiental", "summary_en": "The Constitutional Chamber hears an amparo against the Environmental Administrative Tribunal (TAA) for delay in resolving an environmental complaint filed in 2017 against Hotel Pacuare Lodge. The petitioner alleges violation of the right to a prompt and completed procedure and to a healthy environment. The Chamber finds that despite inspections and collected evidence of environmental damages—logging, protection zone encroachment, unpermitted construction—the TAA had not issued a final resolution. The only notable recent activity was a reactivation in December 2022, prompted by the amparo notice. The Chamber determines undue delay violating Article 41 of the Constitution, grants the amparo, and orders the TAA to issue a final decision within three months, under penalty of contempt. The State is condemned to pay costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1134943.json", "html_url": "/legal/doc/nexus-sen-1-0007-1134943", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1134943" }, { "id": "nexus-sen-1-0007-1135357", "citation": "Res. 00433-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of time to comply with amparo ruling on wastewater pollution in Nicoya", "title_es": "Ampliación de plazo para cumplir amparo sobre contaminación de aguas residuales en Nicoya", "summary_en": "The Constitutional Chamber rules on a post-judgment motion filed by the Regional Director of the Chorotega Region of AyA, requesting a four-year extension to comply with the ruling that ordered resolving the environmental and health problems caused by wastewater contamination in Dirección882, Nicoya. The Court finds that, although AyA has taken steps such as meetings with BANHVI, adding a water bypass, requesting a Gradualidad Decree from the Ministry of Health, and promoting a Palliative Improvements Project at the Nicoya treatment plant, non-compliance is due to technical complexity, the need for inter-institutional coordination, and lack of comprehensive funding. However, the Chamber considers that the authority has not been negligent, but does not grant the full requested term. It grants an additional twenty-four months, starting from notification of this resolution, to fully comply with the original ruling, under the warnings of Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "13/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1135357.json", "html_url": "/legal/doc/nexus-sen-1-0007-1135357", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1135357" }, { "id": "nexus-sen-1-0007-1135395", "citation": "Res. 00609-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to potable water and time limit for deciding appeal", "title_es": "Acceso al agua potable y plazo para resolver recurso de apelación", "summary_en": "The Constitutional Chamber heard an amparo against the AyA for delay in resolving potable water availability for a property in Curubandé, Liberia. The petitioner applied in August 2022; AyA denied availability because there were no networks in front of the property and required building an easement, extending piping, and submitting plans. The petitioner filed revocation and appeal remedies. The Chamber found that the revocation was decided, but the appeal remained unresolved since December 13, 2022. It granted the amparo solely for the delay in deciding the appeal, ordering a decision within three days. It clarified that the Chamber lacks jurisdiction to review whether the property meets AyA's requirements, as that is a legality issue for ordinary courts. The State was ordered to pay damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "13/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1135395.json", "html_url": "/legal/doc/nexus-sen-1-0007-1135395", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1135395" }, { "id": "nexus-sen-1-0007-1135415", "citation": "Res. 00677-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Generic prison-condition complaints do not warrant amparo relief", "title_es": "Reclamos genéricos sobre condiciones carcelarias no justifican amparo", "summary_en": "The Constitutional Chamber denied an amparo action filed by a group of inmates at CAI Terrazas alleging multiple fundamental-rights violations: lack of cleaning supplies, insufficient transport, deficient medical care, no dental chair, limited sun hours, restrictive visitation, degrading visitor treatment, forced lines for older adults, and worn mattresses. The Chamber found the complaints generic, lacking proof of individual harm, and noted that prison authorities had shown regular distribution of cleaning items, four vehicles, two doctors, installation of the dental chair, and mattress replacement. Regarding sun hours and visits, it held these are administrative security decisions beyond its review. Based on recent precedent, it dismissed the action in full.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1135415.json", "html_url": "/legal/doc/nexus-sen-1-0007-1135415", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1135415" }, { "id": "nexus-sen-1-0007-1135795", "citation": "Res. 01062-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber orders joint action plan to Municipality and Ministry of Health for water and waste contamination", "title_es": "Sala Constitucional ordena plan de acción conjunto a Municipalidad y Ministerio de Salud por contaminación de aguas y residuos", "summary_en": "The Constitutional Chamber grants an amparo against the Municipality of Naranjo and the Ministry of Health for persistent environmental contamination on the petitioner's property caused by wastewater and solid waste from an adjacent informal settlement. Despite a prior Chamber order in 2007 and repeated complaints since 2000, authorities failed to take effective action, citing material impossibility, budget constraints, and technical complexity. The Chamber stresses the State's duty to guarantee a healthy and ecologically balanced environment (Article 50 of the Constitution) and invokes the principle of inter-institutional coordination to overcome jurisdictional fragmentation. It orders the mayor and the Regional Health Directorate to jointly draft an action plan within six months and implement it within twenty-four months, with warning of criminal liability for noncompliance.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "20/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1135795.json", "html_url": "/legal/doc/nexus-sen-1-0007-1135795", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1135795" }, { "id": "nexus-sen-1-0007-1135796", "citation": "Res. 01129-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Delay in resolving environmental complaint over blackwater discharge in informal settlement", "title_es": "Demora en resolver denuncia ambiental por aguas negras en precario", "summary_en": "The Constitutional Chamber granted an amparo against the Municipality of Sarapiquí for disproportionate delay in resolving an environmental complaint. The petitioner, owner of a property in Horquetas de Sarapiquí, had filed a complaint on February 1, 2021, alleging that a group of people occupied an adjacent municipal road and built precarious structures without a proper sewerage system, causing stagnant blackwater, health hazards, infections, disease, and blocking access to his property. Although the municipality assigned the complaint number 25023, nearly two years later it had not issued a resolution or communicated any solution. The Chamber held that the case falls under an exception to its precedent on prompt administrative justice, given that fundamental rights to health and a healthy environment (Constitutional Article 50) are at stake. It ordered the mayor and the head of urban management to complete verifications within one month and, if the alleged situation is confirmed, to take all necessary actions for a definitive solution within six months, warning that non-compliance would constitute the crime of disobedience.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "20/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1135796.json", "html_url": "/legal/doc/nexus-sen-1-0007-1135796", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1135796" }, { "id": "nexus-sen-1-0007-1135803", "citation": "Res. 01069-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Order to coordinate plan to solve flooding in Urbanización El Porvenir", "title_es": "Orden de coordinar plan para solucionar inundaciones en Urbanización El Porvenir", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of Urbanización El Porvenir in San Ramón, who report recurrent flooding caused by the overflow of the Quebrada Estero, exacerbated by sediments, mud, garbage, and illegal wastewater connections. The petitioners point to omissions by the Costa Rican Institute of Aqueducts and Sewers (ICAA), the Municipality of San Ramón, and the Health Area. The Chamber finds the problem real and known to the authorities since at least 2017, who have made isolated efforts but have failed to achieve a comprehensive and definitive solution. It is credited that the institutions have omitted effective coordination despite multiple diagnoses and proposals. The Chamber grants the amparo and orders the three entities, within a maximum of twenty-four months, to coordinate and execute all necessary actions and works to definitively resolve the flooding and wastewater problem. Costs are imposed, and a warning is given about criminal liability for non-compliance. Justice Salazar clarifies that, although the contentious-administrative route would normally be proper, the impact on health and a healthy environment justifies the amparo. Justice Garro partially dissents, considering that execution should be transferred to the Contentious-Administrative Court due to technical complexity.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1135803.json", "html_url": "/legal/doc/nexus-sen-1-0007-1135803", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1135803" }, { "id": "nexus-sen-1-0007-1135912", "citation": "Res. 01701-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of unconstitutionality action concerning Indigenous Law and Supreme Court jurisprudence", "title_es": "Rechazo de acción de inconstitucionalidad sobre Ley Indígena y jurisprudencia de la Sala Primera", "summary_en": "The Constitutional Chamber dismissed on the merits an unconstitutionality action against Article 2 of the Indigenous Law and the Supreme Court's First Chamber's jurisprudential line (decisions 920-F-S1-2015, 2046-F-S1-2020, and 2878-F-S1-2020) concerning Articles 2, 3, and 5 of that law. The action claimed that requiring non-indigenous persons to have had property or possession in good faith prior to the enactment of the Indigenous Law or its delimitation decrees amounted to a de facto freezing of property without prior compensation. The Chamber, by majority, confirmed the constitutional compatibility of the jurisprudence and of Article 2, stating that a non-indigenous person who acquires a property after the creation of the indigenous reserve cannot claim good faith, as the property is already non-transferable and inalienable by law. Non-indigenous persons who held rights before the reserve are entitled to relocation or compensated expropriation. Justice Garro Vargas partially dissented, declaring unconstitutional the generic presumption of bad faith in acquisition, and considered that each case must be examined individually.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "25/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1135912.json", "html_url": "/legal/doc/nexus-sen-1-0007-1135912", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1135912" }, { "id": "nexus-sen-1-0007-1135914", "citation": "Res. 01727-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Application of sexual harassment regulation to student population", "title_es": "Aplicación del reglamento de hostigamiento sexual a población estudiantil", "summary_en": "The Constitutional Chamber flatly rejects an unconstitutionality action filed by a student of the University of Costa Rica against Article 5 of the University's Regulation against Sexual Harassment. The claimant argued that applying the regulation to the student population exceeded the scope of the Law against Sexual Harassment in Employment and Teaching (Law No. 7476), which is limited to labor and teaching relationships. The Chamber rejects the action because the claimant lacks direct standing based on diffuse interests—he seeks to protect a personal interest arising from administrative proceedings initiated against him, not a diffuse interest affecting an indeterminate group. It also does not proceed via the incidental route because the base proceeding has not yet exhausted administrative remedies and because the claim of unconstitutionality was not properly raised in that proceeding, failing to identify the violated constitutional norms. One concurring judge agrees with the rejection but for different reasons regarding diffuse interests, while another judge adds a clarifying note on the nature of diffuse interests.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1135914.json", "html_url": "/legal/doc/nexus-sen-1-0007-1135914", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1135914" }, { "id": "nexus-sen-1-0007-1135915", "citation": "Res. 01728-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality action against UCR sexual harassment regulation", "title_es": "Rechazo de acción de inconstitucionalidad contra reglamento de hostigamiento sexual de la UCR", "summary_en": "The Constitutional Chamber flatly rejects an unconstitutionality action brought by a University of Costa Rica student against Article 5 of the university’s Regulation against Sexual Harassment, which extends its application to the student population. The petitioner, accused in an administrative proceeding for sexual harassment, argued the norm was unconstitutional because Law 7476 only applies to labor and teaching relationships, not among students. The Chamber declares the action inadmissible both on direct standing —since it does not involve a diffuse interest but the petitioner’s personal interest— and on incidental standing —because it was filed prematurely, before the final administrative act, and because the unconstitutionality was not properly invoked, as it failed to cite the constitutional norms allegedly violated. Separate notes by judges Rueda Leal and Garro Vargas are included.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1135915.json", "html_url": "/legal/doc/nexus-sen-1-0007-1135915", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1135915" }, { "id": "nexus-sen-1-0007-1136913", "citation": "Res. 01058-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Chimney height dispute exceeds scope of environmental amparo", "title_es": "Postura sobre altura de chimeneas excede el amparo ambiental", "summary_en": "The Constitutional Chamber rejects a motion to supplement and clarify a ruling that denied an amparo filed by a resident of Escazú. The plaintiff alleged inaction by the Ministry of Health and the Municipality of Escazú regarding an environmental complaint about wood smoke pollution lodged in 2021. The Chamber confirmed that both agencies processed the complaint: the Ministry of Health ordered suspension of the stove and oven, verified corrective works on the chimneys, and closed the file; the Municipality demanded a remedial plan and conditioned use of the chimneys. The plaintiff sought a new substantive review of the chimney height measurements, but the Chamber reiterates that its role is not to assess the technical correctness of administrative decisions, only to verify that due process was provided. Dissatisfaction with the administrative outcome must be pursued in ordinary courts, not through amparo.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "20/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1136913.json", "html_url": "/legal/doc/nexus-sen-1-0007-1136913", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1136913" }, { "id": "nexus-sen-1-0007-1136974", "citation": "Res. 01174-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Union's petition for public information on water resources partially unmet by AyA", "title_es": "Derecho de petición de información pública sindical sobre recurso hídrico incumplido parcialmente por AyA", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by the General Secretary of the Union of Workers of the Costa Rican Institute of Aqueducts and Sewers (SITRAA) against the Institute (AyA), claiming lack of response to a detailed 11-point public information request covering access to potable water, institutional finances, infrastructure projects, environmental sustainability, and desalination alternatives. The Chamber determined that, although AyA had partially responded before being notified of the amparo, it had failed to fully answer several points (1, 2, 3, 5, 9, and 11) and did not explain the reasons why certain data could not be provided. The appeal was partially granted, ordering AyA's Executive President to fully respond to those points within a specified period. The Institute was ordered to pay costs, damages, and losses. Justices Rueda Leal and Salazar Alvarado appended notes on the standing of legal persons, especially unions, under the inter-American human rights system.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "20/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1136974.json", "html_url": "/legal/doc/nexus-sen-1-0007-1136974", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1136974" }, { "id": "nexus-sen-1-0007-1137001", "citation": "Res. 01224-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of Amparo for Omitted Signature and Unfulfilled Order", "title_es": "Rechazo de amparo por omisión de firma y prevención incumplida", "summary_en": "The Constitutional Chamber dismissed an amparo action filed against the Municipality of San Ramón and SINAC, in which the petitioners reported the construction of a dam affecting the ecological flow of a river in Alfaro de San Ramón. Before ruling on the merits, the Chamber had ordered the petitioners to sign the complaint within three days, warning that failure to do so would result in rejection. Despite notification, the petitioners did not comply within the deadline. Applying Article 42 of the Constitutional Jurisdiction Law, the amparo was rejected without analyzing the underlying facts or the alleged rights, including the right to a healthy and ecologically balanced environment. The decision is purely procedural and expresses no opinion on the legality of the works or the conduct of the respondent authorities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1137001.json", "html_url": "/legal/doc/nexus-sen-1-0007-1137001", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1137001" }, { "id": "nexus-sen-1-0007-1137004", "citation": "Res. 01228-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on right to petition and access to information regarding the Agua para la Bajura project", "title_es": "Amparo sobre derecho de petición y acceso a información del proyecto Agua para la Bajura", "summary_en": "The Constitutional Chamber hears an amparo action filed by the Asociación Confraternidad Guanacasteca against the Presidency of the Republic for lack of response to a request submitted on November 14, 2022, seeking detailed information about the “Agua para la Bajura” project. The petitioner alleged violation of the right to petition and access to public information. During the proceedings, the Ministry of Agriculture and Livestock and SENARA provided answers to several of the points raised, though some were partial or vague. The Chamber analyzes each point of the request and determines that some were satisfactorily answered, others were not pure information requests but rather queries requiring the issuance of an opinion (not protectable under the right to petition), and for others the information does not yet materially exist. The Chamber partially grants the amparo only with respect to those points that did constitute information requests that were answered during the proceedings or that must be forwarded to the competent authority for response, ordering the Ministry of the Presidency to forward point G) concerning MINAE water fees to the appropriate office so that the information is provided within fifteen days. The rest is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1137004.json", "html_url": "/legal/doc/nexus-sen-1-0007-1137004", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1137004" }, { "id": "nexus-sen-1-0007-1137104", "citation": "Res. 01738-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with ruling on Fipronil ban", "title_es": "Incumplimiento de sentencia sobre prohibición del Fipronil", "summary_en": "The Constitutional Chamber rules on a non-compliance claim filed by an active coadjuvant regarding ruling 2021024807, which ordered several state authorities to complete technical studies on the effects of the pesticide Fipronil on bees and other pollinators, and to include adequate measures if serious harm was determined. The claimant argues that, although an executive decree (43767-S-MINAE) was issued banning certain uses of Fipronil, this decree omits the cancellation of registrations for professional use, and the promised decrees on veterinary and agricultural use have not been issued. The Chamber finds that a previous interlocutory ruling (2022010601) already verified compliance with the original order (completion of studies and report), and that the claimant's complaints go beyond the scope of the original judgment, referring to concrete implementation measures. Therefore, it dismisses the claim and orders the severance of the filing so that the new allegations be processed in a separate matter.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1137104.json", "html_url": "/legal/doc/nexus-sen-1-0007-1137104", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1137104" }, { "id": "nexus-sen-1-0007-1137113", "citation": "Res. 01758-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo over tree on national route blocking pedestrian passage", "title_es": "Amparo por árbol en vía nacional que obstaculiza paso peatonal", "summary_en": "The Constitutional Chamber heard an amparo filed by a resident of the Anselmo Llorente district (Tibás) against the Municipality of Tibás and CONAVI, concerning a Honduran pine tree located on the sidewalk of National Route No. 101 near ASEBANACIO, which obstructed pedestrian passage and posed a risk to life and safety. Since 2018, multiple complaints and proceedings had been filed with both entities without a definitive solution. The Municipality argued the tree was on highway land under CONAVI's jurisdiction, while CONAVI pointed to MOPT's finding that the tree was in good condition and that sidewalk construction was not within its purview. The Chamber found that, despite repeated communications, both authorities failed to act with due diligence and efficiency to resolve the hazardous situation. Consequently, it granted the amparo, ordering CONAVI to conduct a road safety diagnostic within a maximum of 15 days, and both entities to implement the resulting recommendations within one month, subject to the sanctions under Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1137113.json", "html_url": "/legal/doc/nexus-sen-1-0007-1137113", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1137113" }, { "id": "nexus-sen-1-0007-1137120", "citation": "Res. 01774-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must intervene Cañas River channel to prevent flood risk", "title_es": "Municipalidad debe intervenir cauce del Río Cañas ante riesgo de inundaciones", "summary_en": "The Constitutional Chamber granted an amparo filed by residents of the Boca del Monte Phase 2 development and Concepción Arriba of Alajuelita, who claimed that erosion and flooding from the Cañas River were endangering their lives and homes since 2008, without the Municipality of Alajuelita or the National Commission for Risk Prevention and Emergency Response (CNE) having provided a definitive solution. The Chamber found that the authorities' failure to intervene in the river channel violated the residents' fundamental rights, particularly their right to life, physical integrity, housing, and a healthy environment. The decision was based on Article 169 of the Constitution, which assigns to municipalities the administration of local interests and services, and Article 50, which obliges all authorities to protect the environment. The Court held that floods and the risk of natural disaster are a matter of local interest, and that the municipality has the duty to coordinate with competent national institutions to adopt the necessary technical measures. The Chamber ordered the immediate intervention of the Cañas River channel and completion of works within a maximum of three months, with warning of criminal sanctions for non-compliance, and awarded costs, damages, and losses against the respondent authorities.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1137120.json", "html_url": "/legal/doc/nexus-sen-1-0007-1137120", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1137120" }, { "id": "nexus-sen-1-0007-1137130", "citation": "Res. 01797-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for legal reasoning does not constitute right to petition", "title_es": "Solicitud de fundamento legal no constituye derecho de petición", "summary_en": "The Constitutional Chamber denies an amparo filed by the president of an ecological association against the administrator of the Gandoca-Manzanillo National Wildlife Refuge. The petitioner requested the legal basis for developing a zone of the refuge, referencing a communication from the Environmental Prosecutor's Office. The administration argued that the request was not a simple information request but required a legal opinion still under discussion by the Ministry of Environment and Energy and SINAC, pending a unified interpretation of constitutional vote 2019-12745. The Chamber holds that the request exceeds the scope of the right to petition and access to information, as it involves a legal assessment that the administration is not obligated to provide. Consequently, the appeal is denied, with the Chamber deeming the response given during the proceedings sufficient and finding no violation of fundamental rights.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "wildlife-law-7317" ], "date": "27/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1137130.json", "html_url": "/legal/doc/nexus-sen-1-0007-1137130", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1137130" }, { "id": "nexus-sen-1-0007-1137132", "citation": "Res. 01800-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality of Nicoya fails to address environmental complaint about coastal zone invasion in Playa Sámara", "title_es": "Municipalidad de Nicoya omite atender denuncia ambiental sobre invasión de zona marítimo terrestre en Playa Sámara", "summary_en": "The Constitutional Chamber granted an amparo action against the Municipality of Nicoya for failing to process and resolve an environmental complaint filed on November 18, 2021, concerning illegal construction and occupation in the coastal zone (ZMT) of Playa Sámara, specifically at boundary markers M128 and M127 and an adjacent property. The Chamber reaffirmed the public-domain nature of the ZMT and the municipality's broad powers to protect it, including direct eviction of precarious occupants without a prior administrative procedure. Although the municipality reported inspections and notifications to vendors with removable tents in a different sector (marker 285), it failed to demonstrate any action regarding the specific locations denounced. The Chamber ordered the mayor to inspect the denounced sites within one month, take all necessary measures to enforce ZMT regulations, and notify the claimant of the outcome.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "27/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1137132.json", "html_url": "/legal/doc/nexus-sen-1-0007-1137132", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1137132" }, { "id": "nexus-sen-1-0007-1137153", "citation": "Res. 01877-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Illegal rainwater connections in a housing development do not constitute proven harm to health or the environment", "title_es": "Conexiones ilícitas de aguas pluviales en urbanización no constituyen daño probado a la salud o al ambiente", "summary_en": "The Constitutional Chamber hears an amparo filed by Mutual Sociedad de Fondos de Inversión S.A., the operator of a wastewater treatment plant in the Las Palmeras housing development, Heredia. The petitioner asserts that many property owners have built structures (some without permits) that connect rainwater into the sanitary sewer, disrupting the plant's operation and allegedly harming health and the environment. It requests orders against the Heredia Public Services Company, the Ministry of Health, and the Municipality of Heredia to coordinate and correct the irregularities. The Chamber limits its review to the alleged harm to health and the environment. It finds no evidence of such harm: the Ministry of Health reported that rainwater inflow does not have a real and significant impact on the plant's operation, and the Municipality stated there is no proof of damage to public health or the environment. Given the summary nature of amparo, the Chamber dismisses the appeal without addressing contractual or administrative responsibilities regarding the handover of the facility.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1137153.json", "html_url": "/legal/doc/nexus-sen-1-0007-1137153", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1137153" }, { "id": "nexus-sen-1-0007-1137160", "citation": "Res. 01890-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "San José Municipality must coordinate a solution for landslide threatening homes", "title_es": "Municipalidad de San José debe coordinar solución para talud que pone en riesgo viviendas", "summary_en": "The Constitutional Chamber hears an amparo filed by a resident of the Florida Norte neighborhood in San José, whose home is at imminent risk from a landslide on the left bank of the Torres River. The petitioner argues that since 2017 she has reported landslides aggravated by lateral erosion and the lack of mitigation works. Despite several technical reports from the National Emergency Commission (CNE) recommending concrete measures—such as drainage systems, slope stabilization, and respect for the river protection zone—the Municipality of San José carried out only partial actions, claiming it could not invest on private property. The Chamber grants the amparo, ordering the Municipality and the CNE to jointly implement an immediate precautionary measure to protect lives, form a commission to define a definitive technical and legal solution, and set a binding schedule, all within strict deadlines. The ruling reinforces the municipal duty to address local interests and to coordinate with other agencies on risk prevention.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "27/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1137160.json", "html_url": "/legal/doc/nexus-sen-1-0007-1137160", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1137160" }, { "id": "nexus-sen-1-0007-1137394", "citation": "Res. 01862-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on Insect Infestation and Failure to Respond to Transfer Request at CAI Terrazas", "title_es": "Amparo sobre plagas de insectos y omisión de respuesta a solicitud de traslado en CAI Terrazas", "summary_en": "The Constitutional Chamber heard an amparo filed on behalf of two detainees at CAI Terrazas. The petitioners alleged: (i) failure to respond to a transfer request to a facility closer to their low-income families; (ii) unsanitary sleeping conditions due to insect infestation; and (iii) unequal treatment and other rights violations. The Chamber partially granted the amparo. It held that placement of detainees is the exclusive purview of the prison administration, thus rejecting the challenge to the transfer itself, but found that the authority failed to resolve the transfer request within a reasonable time, violating Article 41 of the Constitution. Additionally, given the CAI director's failure to report on the insect infestation, the alleged facts were deemed true, and orders were issued to immediately address the problem and establish definitive protocols to eliminate pests within two months. The remaining claims were dismissed for lack of concrete evidence.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1137394.json", "html_url": "/legal/doc/nexus-sen-1-0007-1137394", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1137394" }, { "id": "nexus-sen-1-0007-1137400", "citation": "Res. 22606-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of Law 9348 on the Ostional Wildlife Refuge for lack of prior technical studies", "title_es": "Anulación de la Ley 9348 del Refugio de Vida Silvestre Ostional por falta de estudios técnicos previos", "summary_en": "The Constitutional Chamber annuls in its entirety Law No. 9348 'Ostional Wildlife Refuge' (2016) and, by connection, its executive decree regulations. The ruling finds that the law changed the refuge's nature from state-owned to mixed and authorized land uses beyond research, protection, training, and ecotourism —including small-scale agriculture, commercial, and recreational residential uses— without a prior technical study justifying the reduction in environmental protection. The Chamber considers the absence of such a study to constitute an essential procedural defect that breaches the precautionary principle, the principle of non-regression in environmental matters, and the right to a healthy and ecologically balanced environment (Article 50 of the Constitution). The annulment has retroactive effects to the date the annulled norms took effect, without prejudice to good faith acquired rights, and restores the refuge's previous protective legislation.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "art-50-constitution" ], "date": "28/09/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1137400.json", "html_url": "/legal/doc/nexus-sen-1-0007-1137400", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1137400" }, { "id": "nexus-sen-1-0007-1138428", "citation": "Res. 01752-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Directive 003-MJP for lack of indigenous consultation", "title_es": "Amparo contra Directriz 003-MJP por falta de consulta indígena", "summary_en": "The Constitutional Chamber heard an amparo filed by an indigenous person from the Quitirrisí territory of Mora against the Ministry of Justice and Peace and the Ministry of the Presidency, challenging Directive No. 003-MJP of August 9, 2022, which created an Interinstitutional Technical Roundtable for the indigenous population. The petitioner argued that issuing the directive without prior consultation violated ILO Convention 169 and the General Mechanism for Consultation of Indigenous Peoples (Executive Decree No. 40932-MP-MJP). The Chamber admitted both active and passive joinders from various indigenous representatives. After analyzing the directive's content and the visits conducted to several territories, the Court determined that the directive constituted an internal administrative organization measure by the State to coordinate institutions and initiate an intercultural dialogue process, without directly affecting the collective rights of indigenous peoples in a manner that required prior consultation. Consequently, it denied the amparo, concluding that the rights to consultation and indigenous participation were not violated.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "27/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1138428.json", "html_url": "/legal/doc/nexus-sen-1-0007-1138428", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1138428" }, { "id": "nexus-sen-1-0007-1138453", "citation": "Res. 01931-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for uninhabitability of home in Quitirrisí", "title_es": "Desestimación de amparo por inhabitabilidad de vivienda en Quitirrisí", "summary_en": "The petitioner, owner of a home in the indigenous territory of Quitirrisí de Mora, filed an amparo against the Municipality of Mora and the Ministry of Health, claiming that the declaration of uninhabitability and the eviction order violated her fundamental rights. She argued that the Municipality granted the construction permit in 2015 without noticing risks and that later, after a landslide, the Ministry of Health's local office declared the home uninhabitable and ordered its vacation. The Constitutional Court dismissed the amparo, finding that the authorities acted diligently by performing technical inspections, coordinating with social services (IMAS), and issuing the corresponding sanitary order, without any fundamental rights violation. The Court held that the assessment of liability for the construction permit and the validity of the sanitary order belong to ordinary administrative or judicial proceedings, not to the summary amparo process.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1138453.json", "html_url": "/legal/doc/nexus-sen-1-0007-1138453", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1138453" }, { "id": "nexus-sen-1-0007-114933", "citation": "Res. 02777-1998 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of Decree 26187-MINAE on fees for telecommunication posts in protected areas", "title_es": "Constitucionalidad del Decreto 26187-MINAE sobre cánones por puestos de telecomunicación en áreas protegidas", "summary_en": "The Constitutional Chamber reviewed an amparo filed by Raditel S.A. against the President and the Minister of Environment and Energy, challenging Executive Decree 26187-MINAE. The petitioner claimed the decree created fees without legal basis, discriminated between types of telecommunication posts, restricted the number of antennas, allowed permit cancellations without due process, and violated freedom of commerce, non-retroactivity, the principle of legal reserve in tax matters, and equality. Citing a prior ruling in a constitutionality action, the Chamber held that the fee is not a tax but a consideration for the use permit of public domain assets, authorized by the Forestry Law and the National Parks Service Law. It found the distinction between television/broadcasting and private radiocommunication posts reasonable, since the latter are not mass media and cannot pay in airtime. It concluded there was no retroactive application or due process violation, as the decree sets forth the administrative procedure for canceling permits. The appeal was dismissed, upholding the decree’s constitutionality.", "primary_topic_id": null, "topic_ids": [], "date": "24/04/1998", "year": "1998", "json_url": "/data/legal/docs/nexus-sen-1-0007-114933.json", "html_url": "/legal/doc/nexus-sen-1-0007-114933", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-114933" }, { "id": "nexus-sen-1-0007-1149467", "citation": "Res. 07571-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal and ministerial failure to respond to a water spring contamination complaint in Abangares", "title_es": "Falta de respuesta municipal y ministerial ante denuncia de contaminación de naciente en Abangares", "summary_en": "The Constitutional Chamber reviewed and granted an amparo action filed by the representative of a rural water board (ASADA) against the Municipality of Abangares, the Health Area of the Ministry of Health, and SINAC, due to their failure to respond and insufficient action regarding an environmental complaint filed on September 29 and October 10, 2022. The complaint addressed contamination of the Cañitas spring, which is captured for human consumption, caused by a clandestine solid-waste dump, wastewater discharge, and illegal constructions within the legal protection radius. The Chamber found that although the municipality conducted inspections and identified an illegal construction, it failed to provide a written response or definitively resolve the complaint within a reasonable time. The Health Area delayed its inspection, did not formally communicate its findings, and failed to activate required inter-agency coordination, despite confirming soil contamination from untreated wastewater and a violation of the forest protection area. SINAC declared itself incompetent but did not forward the complaint to the institutions it deemed responsible. The ruling reinforces the state’s duty to comprehensively protect the environment and the principle of inter-administrative coordination, particularly when public health and a water source for human consumption are at risk.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "31/03/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1149467.json", "html_url": "/legal/doc/nexus-sen-1-0007-1149467", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1149467" }, { "id": "nexus-sen-1-0007-1156245", "citation": "Res. 23238-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of pesticide registration by incorporation and equivalence", "title_es": "Constitucionalidad del registro de plaguicidas por incorporación y equivalencia", "summary_en": "The Constitutional Chamber reviews an unconstitutionality action filed by the Ombudsman's Office against Executive Decree 40059-MAG-MINAE-S, regulating the registration, use, and control of formulated synthetic pesticides and active ingredients. The Ombudsman argues that the registration-by-incorporation and equivalence modalities, along with acceptance of affidavits and limited participation of Health and Environment ministries, violate the precautionary and non-regression principles. The Chamber majority dismisses the action and upholds the decree as constitutional, finding it aligned with FAO and OECD international standards. Justices Cruz Castro and Rueda Leal dissent and would have annulled the decree as regressive and harmful to health and environmental rights.", "primary_topic_id": null, "topic_ids": [], "date": "05/10/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1156245.json", "html_url": "/legal/doc/nexus-sen-1-0007-1156245", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1156245" }, { "id": "nexus-sen-1-0007-1161590", "citation": "Res. 26651-2022 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of Decree 39995-MAG on pesticide registration updates", "title_es": "Constitucionalidad del Decreto 39995-MAG sobre actualización de registros de plaguicidas", "summary_en": "The Constitutional Chamber rejects a constitutional challenge against Executive Decree No. 39995-MAG governing updates to active ingredient and formulated pesticide registrations. The plaintiffs—a conservationist federation and a citizen—claimed the decree allowed the use of referenced data without a full risk assessment, violating the right to health and a healthy environment. The Court held that the decree does not breach the principles of precaution or non-regression, as it aligns with FAO/WHO international standards on mutual data acceptance and avoiding duplicate studies. The ruling validates using referenced information for updating existing registrations, excluding the chemical identity of the product, to enhance state control over marketed pesticides. The Court concluded that the adequacy of technical requirements is a matter of ordinary legality, not constitutional review. Two dissenting votes would have struck down the decree.", "primary_topic_id": null, "topic_ids": [], "date": "09/11/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0007-1161590.json", "html_url": "/legal/doc/nexus-sen-1-0007-1161590", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1161590" }, { "id": "nexus-sen-1-0007-1161710", "citation": "Res. 14252-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Clorotalonil contamination in Oreamuno aqueduct", "title_es": "Contaminación por Clorotalonil en acueducto de Oreamuno", "summary_en": "The Constitutional Chamber reviewed an amparo action filed against several public entities regarding the presence of metabolites of the fungicide Clorotalonil in five of the seven springs that supply the ASADA potable water system in Santa Rosa de Oreamuno, Cartago. The petitioner argued institutional inaction and violations of the rights to health and a healthy environment, as the community could not drink piped water and relied on water trucks. The Chamber found it had already issued ruling 2023-013384 on the same issue, where it declared the amparo with place and ordered the Ministry of Health, AyA, MAG, MINAE, and the ASADA to implement the recommendations of the “Informe Técnico Clorotalonil” dated April 14, 2023, guarantee safe drinking water free from contamination, and coordinate interinstitutional solutions. In this ruling, the Chamber again declares the amparo with place and refers the petitioner to what was already ordered in that previous ruling, confirming the award of costs against the State, AyA, and the ASADA. One magistrate issued a dissent regarding enforcement, arguing it should be handled by the Contentious-Administrative Court rather than the Constitutional Chamber itself.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "16/06/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1161710.json", "html_url": "/legal/doc/nexus-sen-1-0007-1161710", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1161710" }, { "id": "nexus-sen-1-0007-1163640", "citation": "Res. 11236-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "New Public Hearing Required After Prior Environmental Viability Expires", "title_es": "Nueva audiencia pública obligatoria tras caducidad de viabilidad ambiental anterior", "summary_en": "The Constitutional Chamber partially granted an amparo against SETENA for granting environmental viability to a landfill in Miramar de Montes de Oro without holding a new public hearing. The project had obtained viability in 2009, but it expired without commencing works. In 2021, the company filed a new application, and SETENA exempted it from the hearing, arguing one had already been held in 2009. The Chamber held that, while citizen participation is a constitutional principle, this case violated Article 50 of the Constitution (right to a healthy environment). It ruled that after more than ten years, environmental and social conditions may have changed, making it unreasonable to waive the hearing based on an old one. It annulled SETENA's resolution and ordered a new hearing within three months, with costs against the State. Magistrate Salazar Alvarado added a note on the amparo's admissibility due to fundamental rights at stake. Three other magistrates issued an extensive concurring opinion stressing the conventional and democratic dimension of the right to public participation in environmental matters.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "12/05/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1163640.json", "html_url": "/legal/doc/nexus-sen-1-0007-1163640", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1163640" }, { "id": "nexus-sen-1-0007-1166375", "citation": "Res. 10537-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas corpus on sentence computation date modification", "title_es": "Hábeas corpus por modificación de fecha de cómputo de pena", "summary_en": "The ruling addresses a habeas corpus petition filed by an inmate alleging that their release should have occurred earlier according to the sentence computation sheet and that the modification of the release date by the Sentence Enforcement Court was arbitrary. The Constitutional Chamber rejects the petition. It holds that discrepancies over sentence computation must be resolved before prison and specialized judicial authorities, not through habeas corpus. The Chamber finds no violation of fundamental rights, since the modification was based on the exclusion of sentence reductions for non-working periods, a decision grounded in prison reports and within the enforcement judge’s powers. The petitioner did not appeal the modifying decision, which therefore became final.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/05/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1166375.json", "html_url": "/legal/doc/nexus-sen-1-0007-1166375", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1166375" }, { "id": "nexus-sen-1-0007-1168215", "citation": "Res. 16088-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Protection of Manuel Antonio National Park against uncontrolled visitation, sector abandonment, and nearby agriculture", "title_es": "Protección del Parque Nacional Manuel Antonio frente a visitación no controlada, abandono de sector y agricultura cercana", "summary_en": "The Constitutional Chamber hears an amparo filed against SINAC for alleged violations of the right to a healthy and ecologically balanced environment in Manuel Antonio National Park. The petitioner claims: (1) uncontrolled tourism visitation exceeding the park's carrying capacity, causing ecosystem deterioration; (2) proliferation of infrastructure works in fragile zones; (3) abandonment of the Playa Rey sector, where sea turtle nest poaching and lack of control are reported; and (4) impacts from rice and oil palm cultivation inside and outside the protected area. The Chamber, by majority, partially grants the petition. It orders compliance with prior judgment No. 2023-11233 regarding carrying capacity; staffing the Playa Rey sector within three months; and conducting, within nine months, the necessary technical studies to identify the impacts of agricultural activities and adopt measures in accordance with the precautionary principle. The claim regarding existing infrastructure is dismissed. The State is ordered to pay costs, damages, and losses, to be liquidated in a contentious-administrative enforcement proceeding. Justices Salazar Alvarado and Garro Vargas dissent, arguing that the matter should be heard in the contentious-administrative jurisdiction due to its complexity.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "art-50-constitution" ], "date": "04/07/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1168215.json", "html_url": "/legal/doc/nexus-sen-1-0007-1168215", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1168215" }, { "id": "nexus-sen-1-0007-1170912", "citation": "Res. 17109-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "MINAE Must Recover Inalienable Zone Under Law 65 of 1888", "title_es": "MINAE debe recuperar zona inalienable Ley 65 de 1888", "summary_en": "The Constitutional Chamber partially granted an amparo action against the Ministry of Environment and Energy for failing to recover lands within the inalienable zone established by Law No. 65 of 1888, which protects the mountains of the Barva Volcano to preserve water resources for the Central Valley. The ruling ordered the Ministry to identify all State Natural Heritage lands within six months and, within the subsequent six months, coordinate the necessary actions and materially initiate recovery processes. The Ministry must submit quarterly progress reports. The decision reaffirmed environmental principles such as precaution, prevention, and non-regression, and classified the lands as inalienable and imprescriptible public domain property. Two dissenting votes were cast: one arguing that the matter should be resolved through ordinary administrative litigation, and another disagreeing on the execution phase.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "14/07/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1170912.json", "html_url": "/legal/doc/nexus-sen-1-0007-1170912", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1170912" }, { "id": "nexus-sen-1-0007-1172835", "citation": "Res. 17920-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Bamboo pruning on Torres River bank is not deforestation", "title_es": "Poda de bambú en ribera del río Torres no es deforestación", "summary_en": "The Constitutional Chamber dismisses an amparo action against the University of Costa Rica for pruning a bamboo clump on the bank of the Torres River. The petitioner alleged deforestation and environmental and health damages, but the Chamber found that the intervention was a pruning requested by a neighbor to protect her safety and property, as the bamboo exceeded 25 meters and crossed into her home. The Chamber verified that there was no loss of forest cover or elimination of the clump, that the species (Bambusa vulgaris) is non-native and toxic, and that a subsequent inspection found no disturbance to fauna or flora. The University's action was not arbitrary but aimed at protecting a third party's rights. The Chamber also notes that amparo is unsuitable for extensive evidentiary debates and that the petitioner may resort to ordinary legal channels if dissatisfied.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "21/07/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1172835.json", "html_url": "/legal/doc/nexus-sen-1-0007-1172835", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1172835" }, { "id": "nexus-sen-1-0007-1177730", "citation": "Res. 18937-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Order to Comply with Sanitary Order and Respond to Information Requests on Municipal Dump", "title_es": "Orden de cumplir orden sanitaria y responder solicitudes de información sobre botadero municipal", "summary_en": "The Constitutional Chamber reviews a writ of amparo filed by a resident of San Ramón against the Municipality and the Ministry of Health regarding the operation of a solid waste transfer station allegedly functioning as an open-air dump, causing environmental and noise pollution and affecting a water spring. The Chamber grants the amparo against the Municipality, ordering compliance with Sanitary Order OS-SR-R-160-2023 issued by the Ministry of Health, which details measures for the technical closure of the former landfill and operation of the transfer station. Against the Ministry of Health, the amparo is partially granted only for the failure to respond to the petitioner's requests for information (copies of permits, administrative file, and monitoring logs), ordering a response within five days. The remaining claims against the Ministry, including demands for inspections and closure, are denied as premature or because they fall under ordinary legality review. The Municipality and the State are ordered to pay costs and damages.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "04/08/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1177730.json", "html_url": "/legal/doc/nexus-sen-1-0007-1177730", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1177730" }, { "id": "nexus-sen-1-0007-1179177", "citation": "Res. 13384-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "State omission regarding chlorothalonil contamination in ASADA", "title_es": "Omisión estatal ante contaminación por clorotalonil en ASADA", "summary_en": "The Constitutional Chamber granted an amparo action against several state institutions for failing to adopt effective measures to address chlorothalonil metabolite contamination of the drinking water sources of the Santa Rosa de Oreamuno ASADA. Although health orders closed springs and water was distributed by tanker trucks, the Chamber found that contamination persisted and the actions taken had not mitigated the harm or restored access to safe drinking water. The ruling orders the Ministry of Health to establish inter-institutional coordination mechanisms so that, within six months, the recommendations of the April 2023 “Technical Report on Chlorothalonil” are adopted and executed, and follow-up is provided. It also orders the ASADA and the AyA to maintain and guarantee the drinking water service through means that do not use the contaminated sources.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "06/06/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1179177.json", "html_url": "/legal/doc/nexus-sen-1-0007-1179177", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1179177" }, { "id": "nexus-sen-1-0007-1180599", "citation": "Res. 20774-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo claim over wildlife seizure at zoo dismissed", "title_es": "Improcedencia del amparo ambiental sobre decomiso de fauna en zoológico", "summary_en": "The Constitutional Court dismissed the amparo action filed by a foundation representative against SINAC and ACOSA for revoking a state natural heritage use permit, denying a sanctuary‑type zoo permit, and seizing wildlife. The petitioner alleged a violation of the right to a healthy environment under Article 50 of the Constitution, arguing that the revocation was improper and that the seizure included free‑roaming animals without technical justification. The Court held that the claims did not reveal a clear or imminent environmental harm but rather raised ordinary legality issues concerning permits and administrative actions, which must be litigated in ordinary administrative and contentious‑administrative proceedings. The claim of administrative delay was also dismissed, with the Court stressing that the new permit application requires substantive review and that the administrative‑contentious jurisdiction provides an adequate remedy. Separate opinions addressed the right to prompt administrative justice.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "procedural-environmental", "art-50-constitution" ], "date": "25/08/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1180599.json", "html_url": "/legal/doc/nexus-sen-1-0007-1180599", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1180599" }, { "id": "nexus-sen-1-0007-1186773", "citation": "Res. 17174-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC administrative orders in forest areas as initial acts of administrative proceedings", "title_es": "Órdenes administrativas del SINAC en áreas de bosque como actos iniciales del procedimiento administrativo", "summary_en": "The Constitutional Chamber ruled on an amparo appeal filed by the owner of a property in Buenos Aires, Puntarenas, who challenged an administrative order issued by SINAC officials. The order prohibited him from cutting trees, applying agrochemicals, allowing the entry of bovine or domestic animals, cutting undergrowth, planting crops, and required him to allow natural regeneration of the affected area, arguing that it constituted a forest. The appellant alleged violations of due process and property rights because the order was issued without a prior administrative proceeding. The Court held that the SINAC order—like sanitary orders from the Ministry of Health—constitutes the initial act of an administrative proceeding, from which due process rights must be observed. It found that the appellant prematurely resorted to constitutional jurisdiction, as the merits of the order and the determination of whether the property is a forest must be debated in administrative or ordinary judicial proceedings. Consequently, the Court denied the amparo, affirming the authority of environmental officials to issue precautionary initial orders in protection of forests without violating due process.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "14/07/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1186773.json", "html_url": "/legal/doc/nexus-sen-1-0007-1186773", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1186773" }, { "id": "nexus-sen-1-0007-1189428", "citation": "Res. 25235-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal Delay in Demolishing Illegal Construction on Public Land", "title_es": "Demora municipal en demolición de construcción ilegal en bien demanial", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Grecia for failing to demolish an illegal construction built on municipal land designated as a children's park, despite the complaint filed in 2020. It was verified that the building lacks permits, encroaches on public roads, and affects water management. The Municipality conducted inspections, completed the demand phase in 2021, and ordered urgent measures in 2022, but cited budget shortfalls to justify the failure to demolish. The Chamber holds that, although demolition requires inter-institutional coordination and resources, the three-year inaction violates the right to swift and complete justice, as well as the fundamental rights of neighbors affected by water diversion and encroachment. Therefore, the Chamber grants the amparo, orders the Mayor to definitively resolve the complaint within six months, and imposes costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1189428.json", "html_url": "/legal/doc/nexus-sen-1-0007-1189428", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1189428" }, { "id": "nexus-sen-1-0007-1189432", "citation": "Res. 25091-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Closure of Illegal Well in Quintas La Ceiba Does Not Violate Fundamental Rights", "title_es": "Cierre de pozo ilegal en Quintas La Ceiba no viola derechos fundamentales", "summary_en": "The Constitutional Chamber denied the amparo petition filed by the president of the Quintas La Ceiba neighborhood association against MINAE and AyA. The Court found that MINAE's order to close the well that supplied water to 100 families was not arbitrary and did not violate the right to water or due process. Evidence showed the well was illegally drilled without permits, operated without a concession on private property. The closure order was properly notified to the registered owner, the only party legally obliged to respond. Moreover, the closure was never executed and the well continues to operate. AyA has not taken over the aqueduct because residents have failed to meet technical and legal requirements set since 2018. The Court reiterated that water supply may be conditioned on compliance with requirements without breaching fundamental rights. AyA was instructed to resolve the matter once requirements are met.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "06/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1189432.json", "html_url": "/legal/doc/nexus-sen-1-0007-1189432", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1189432" }, { "id": "nexus-sen-1-0007-1190949", "citation": "Res. 17247-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "MOPT delay in responding to request for historical vehicle inspection records", "title_es": "Retraso del MOPT en responder solicitud de información sobre revisiones técnicas históricas", "summary_en": "The Constitutional Chamber hears an amparo action filed by two citizens against the Ministry of Public Works and Transport (MOPT). The petitioners allege that since May 29, 2023, they submitted a request to the Minister seeking the historical record of vehicle inspections conducted on a vehicle they own by the company Riteve SyC S.A. This information is needed to clarify a discrepancy in the chassis number detected during a recent inspection. They argue that the Ministry's failure to respond has left them defenseless and prevented them from obtaining a favorable technical inspection. The MOPT reports that it does not possess the database, as Riteve failed to transfer it upon contract termination, and that a response, albeit late, has been provided. The Chamber partially grants the amparo solely for the delay in responding (17 days without an answer), without awarding costs or damages. On the merits, the request to order the delivery of the information is denied, as the Chamber finds a material impossibility for the Ministry to comply. Dissenting opinions are issued regarding the award of costs and damages.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/07/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1190949.json", "html_url": "/legal/doc/nexus-sen-1-0007-1190949", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1190949" }, { "id": "nexus-sen-1-0007-119144", "citation": "Res. 02219-1999 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Orange waste deposit in Guanacaste Conservation Area violates right to a healthy environment", "title_es": "Depósito de desechos de naranja en el Área de Conservación Guanacaste viola el derecho al ambiente sano", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Ministry of Environment and Energy and Del Oro S.A., concerning the authorization and disposal of thousands of tons of solid orange waste inside the Guanacaste Conservation Area (ACG). The Chamber found that the activity—carried out under an alleged research project to regenerate degraded soils—was executed without the prior environmental impact assessment required by national and international law. Clause 5 of the 1998 agreement authorized dumping that constituted a change of land use within a protected area. Evidence showed that Module 2 affected a seasonal stream and destroyed native vegetation. Applying the precautionary principle, the Chamber granted the appeal for violation of Article 50 of the Constitution (right to a healthy and ecologically balanced environment) and the principle of legality. It declared the ex tunc nullity of Clause 5, ordered the State to pay costs and damages, and mandated MINAE to immediately remove the waste from Module 2. The claim of phytosanitary threat to the national citrus industry was dismissed due to lack of decisive evidence.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554", "forestry-law-7575" ], "date": "24/03/1999", "year": "1999", "json_url": "/data/legal/docs/nexus-sen-1-0007-119144.json", "html_url": "/legal/doc/nexus-sen-1-0007-119144", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-119144" }, { "id": "nexus-sen-1-0007-1191579", "citation": "Res. 26650-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of time limit to address chlorothalonil contamination in ASADA Cipreses", "title_es": "Ampliación de plazo para resolver contaminación por clorotalonil en ASADA Cipreses", "summary_en": "The Constitutional Chamber reviewed a request for extension of time filed by the Costa Rican Institute of Aqueducts and Sewers (AyA) in connection with judgment 2022-026065, which ordered the comprehensive and definitive solution of chlorothalonil metabolite contamination in the springs of the ASADA of Cipreses de Oreamuno, investigation of harm to other communities, and guarantee of drinking water supply. AyA reported significant progress, such as continuous water supply by tanker trucks, the formation of an inter-institutional commission, joint monitoring with IRET-UNA, and the development of a remedial plan with 19 activities. However, it argued the complexity of the case, involving the competencies of other institutions (MAG, MINAE, Ministry of Health, municipalities), and requested an extension until 2026. The Chamber considered this extension excessive and, taking into account that in judgment 2023-013384 of the same context a six-month period was set to implement the recommendations of the “Technical Report on Chlorothalonil,” it aligned the period in this matter to February 2024.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "18/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1191579.json", "html_url": "/legal/doc/nexus-sen-1-0007-1191579", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1191579" }, { "id": "nexus-sen-1-0007-1191831", "citation": "Res. 92341-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Admission of Unconstitutionality Action Against Coastal Regulatory Plan Manual", "title_es": "Admisión de acción de inconstitucionalidad contra Manual de Planes Reguladores Costeros", "summary_en": "The Constitutional Chamber admits an unconstitutionality action against several articles of the Manual for the Preparation of Coastal Regulatory Plans in the Maritime-Terrestrial Zone, published in 2021. The claimant argues that these norms eliminate environmental controls and create unjustified exceptions to the requirement of subjecting coastal regulatory plans to strategic environmental assessment by SETENA, contravening the precautionary principle, non-regression, progressivity, and scientific stewardship in environmental matters. The Chamber grants a hearing to the Office of the Attorney General and other institutions for a period of fifteen days, and orders the publication of a notice in the Judicial Bulletin, without suspending the general effectiveness of the challenged norms.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "art-50-constitution", "environmental-law-7554", "procedural-environmental" ], "date": "23/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1191831.json", "html_url": "/legal/doc/nexus-sen-1-0007-1191831", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1191831" }, { "id": "nexus-sen-1-0007-1191837", "citation": "Res. 26770-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of stormwater infrastructure in Cóbano", "title_es": "Amparo por falta de infraestructura pluvial en Cóbano", "summary_en": "The Constitutional Chamber heard an amparo filed by residents of the Cóbano district, Puntarenas, against the District Municipal Council and the Ministry of Public Works and Transportation. The petitioners alleged the failure to build a stormwater drainage system on the district route C6-01-001, at the Playa del Carmen-Quebrado del Carmen crossing, causing stormwater runoff that affects the community every rainy season. Despite petitions since May 2023, the authorities had not started the works, claiming they were waiting for the project award by MOPT-GIZ-BID. The Chamber accepted the facts as true due to the Minister's failure to report, and found no solution, even provisional, even though funds had been available but lapsed due to inaction. The amparo was granted, ordering the Municipal Intendant and the Minister to coordinate a provisional solution within six months and a definitive one within twelve months, with the warning of sanctions under Article 71 of the Constitutional Jurisdiction Law. Justice Garro Vargas issued a partial dissenting vote, arguing that the execution of the judgment should be referred to the administrative litigation jurisdiction rather than the Chamber, given the case's complexity.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1191837.json", "html_url": "/legal/doc/nexus-sen-1-0007-1191837", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1191837" }, { "id": "nexus-sen-1-0007-119343", "citation": "Res. 04409-1999 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Charging Entrance Fees for National Parks Is Lawful", "title_es": "Cobro de tarifas de ingreso a parques nacionales es legítimo", "summary_en": "The Constitutional Chamber dismissed an amparo appeal against MINAE and SINAC. The appellant argued that his family was denied entry to Irazú Volcano National Park because they could not pay the entrance fee, which he claimed violated his rights. The Chamber held that the State, exercising its sovereign powers and as administrator of the public treasury, may impose on individuals a charge for the conservation and maintenance of areas of public interest, as part of the public expenditure that benefits the population. This authority derives from Article 18 of the Constitution, which imposes on everyone the duty to contribute to public expenses. The Chamber emphasized that the maintenance and conservation of national parks is not solely the responsibility of the administration, but also of private individuals, since their existence improves the quality of life of the people, who must defend, together with the State, this national heritage. Therefore, the administrative action was declared lawful and not violative of fundamental rights. Additionally, the Chamber indicated that if the appellant wished to challenge the fees, he should do so before MINAE or the National Parks Directorate, not through an amparo proceeding, making the appeal also inadmissible for lack of jurisdiction.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "09/06/1999", "year": "1999", "json_url": "/data/legal/docs/nexus-sen-1-0007-119343.json", "html_url": "/legal/doc/nexus-sen-1-0007-119343", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-119343" }, { "id": "nexus-sen-1-0007-119442", "citation": "Res. 05906-1999 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Cañas River pollution by tilapia processing plant", "title_es": "Amparo contra contaminación del río Cañas por planta procesadora de tilapia", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a resident of Cañas, Guanacaste, against the Ministry of Health, the Costa Rican Institute of Aqueducts and Sewers (AyA), the Municipality of Cañas, and the tilapia processing company Aqua Corporación Internacional S.A. (name anonymized in the record) for polluting the Cañas River. The company discharged industrial wastewater containing high levels of grease, blood, scales, and organic matter into the municipal lagoon system designed exclusively for domestic sewage. This overloaded the system, causing polluted waters to flow into the Cañas River, harming downstream communities and the marine ecosystem of the Gulf of Nicoya. Despite the Ministry of Health issuing a closure order and AyA ordering the cessation of wastewater reception, both institutions and the Municipality – citing the company’s economic importance – revoked or suspended these measures, allowing pollution to continue. The Chamber found that all respondents violated the right to a healthy environment enshrined in Article 50 of the Constitution by tolerating and failing to actively prevent pollution. It granted the amparo, ordered AyA to immediately stop receiving the company’s wastewater, and held the State, AyA, the Municipality, and the company liable for costs, damages, and losses.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "28/07/1999", "year": "1999", "json_url": "/data/legal/docs/nexus-sen-1-0007-119442.json", "html_url": "/legal/doc/nexus-sen-1-0007-119442", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-119442" }, { "id": "nexus-sen-1-0007-1194521", "citation": "Res. 27545-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sewage infiltration in Deyco urbanization: amparo partially granted", "title_es": "Filtración de aguas negras en Urbanización Deyco: amparo parcialmente concedido", "summary_en": "The Constitutional Chamber reviewed an amparo petition filed by a property owner in Deyco urbanization, Patalillo district, Vázquez de Coronado, who reported persistent infiltration of sewage and wastewater from neighboring homes into her property, affecting her health and right to a healthy environment. Despite numerous inspections, dye tests, health orders, and even eviction orders for uninhabitability issued by the Coronado Health Authority, the problem remained unresolved when the petition was filed—some neighbors complied, but others did not. The Chamber held that although the health authority had undertaken formal and material actions, it had not fully eradicated the water infiltration affecting the petitioner's home. Consequently, the amparo was partially granted: the director of the Coronado Health Authority was ordered to take all measures within his powers, in coordination with other administrative bodies, to definitively resolve the complaint within five months. The claim against the Municipality of Vázquez de Coronado was dismissed, as its actions—referring the case to the Health Ministry—did not violate the core of the petitioner’s fundamental rights. The ruling includes separate opinions by justices Castillo Víquez and Salazar Alvarado on the allocation of jurisdiction between the constitutional and administrative courts when administrative actions are challenged.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "27/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1194521.json", "html_url": "/legal/doc/nexus-sen-1-0007-1194521", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1194521" }, { "id": "nexus-sen-1-0007-1196742", "citation": "Res. 92342-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional challenge to Regulation 43898 — preliminary admission", "title_es": "Acción de inconstitucionalidad contra el Reglamento 43898 — curso inicial", "summary_en": "The Constitutional Chamber admits for study a direct action of unconstitutionality filed by two citizens against numerous articles of the Environmental Assessment, Control and Monitoring Regulation No. 43898-MINAE-S-MOPT-MAG-MEIC. The plaintiffs argue that the new regulation dismantles the preventive controls established in the previous Regulation No. 31849 by raising thresholds for environmental impact assessments (EIAs), eliminating effective public participation, delegating SETENA's functions to municipalities and other entities, and relaxing standards in environmentally fragile areas. They invoke the principles of non-regression, precaution, and in dubio pro natura. The Chamber grants a fifteen-day hearing to the respondents and orders publication of a notice in the Judicial Bulletin, clarifying that filing the action does not suspend the general validity or applicability of the challenged norms but only their application in proceedings where their validity is at issue. The resolution does not address the merits; it merely admits the action for processing.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "environmental-law-7554" ], "date": "03/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1196742.json", "html_url": "/legal/doc/nexus-sen-1-0007-1196742", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1196742" }, { "id": "nexus-sen-1-0007-1198476", "citation": "Res. 29820-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo granted for drinking water shortage in Coto Brus", "title_es": "Amparo con lugar por desabastecimiento de agua potable en Coto Brus", "summary_en": "The Constitutional Chamber heard an amparo action filed by a resident of Coto Brus against the Costa Rican Institute of Aqueducts and Sewers (AyA) due to the shortage and lack of drinking water supply in the area. The petitioner argued that, despite efforts and a legislative credit for constructing the pipeline, AyA had not executed any stage of the project. During the proceedings, AyA acknowledged the problem, attributed to leaks and high pressures due to irregular topography, and reported on the Coto Brus Aqueduct Improvement Project (BPIP 2662), which is in the design and land acquisition phase, with construction blueprints expected by February 2024. The Chamber granted the amparo because, although AyA demonstrated efforts, it failed to present a timeline with firm dates or preventive measures to ensure water access while the project is underway, an omission that violates the fundamental right to the proper functioning of essential public services. It ordered: within nine months, to put the improvement project into operation; immediately, to supply water via tanker trucks or another alternative; and to report progress quarterly.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "17/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1198476.json", "html_url": "/legal/doc/nexus-sen-1-0007-1198476", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1198476" }, { "id": "nexus-sen-1-0007-1198478", "citation": "Res. 29835-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ministry of Health omission in addressing public and environmental health problems in Home Creek", "title_es": "Omisión del Ministerio de Salud en atender problemas de salud pública y ambientales en Home Creek", "summary_en": "Residents of the Home Creek community in Talamanca filed an amparo against the Costa Rican Institute of Aqueducts and Sewers (ICAA) and the Ministry of Health, alleging that ICAA denied them potable water service and that they were forced to drink water from contaminated artisanal wells, leading to vomiting and diarrhea, especially among children and the elderly. ICAA argued that the land subdivision was irregular and that the aqueduct system had a 23.6% water deficit. The Constitutional Court held that the legality of the subdivision and the feasibility of individual connections were matters for ordinary jurisdiction, and thus denied the amparo against ICAA. However, the Court found that the Ministry of Health had been aware of the contamination and public health complaints since April 11, 2023, but had failed to act within its mandate for over five months. The amparo was partially granted: the Court ordered the director of the Talamanca Health Area to assess the situation and issue the necessary health orders within one month, and to take appropriate measures to address the contamination and health risks. The State was condemned to pay costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "subdivision-fraccionamiento", "procedural-environmental" ], "date": "17/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1198478.json", "html_url": "/legal/doc/nexus-sen-1-0007-1198478", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1198478" }, { "id": "nexus-sen-1-0007-1199351", "citation": "Res. 30549-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Health inaction regarding mosquito breeding sites in Inbioparque", "title_es": "Inacción sanitaria frente a criaderos de zancudos en Inbioparque", "summary_en": "The Constitutional Chamber reviews an amparo action filed by a SINAC employee against SINAC and the Ministry of Health, alleging deficient sanitary conditions at the Inbioparque Ecological Park —her workplace— leading to the proliferation of mosquito breeding sites, including dengue vectors. The employee claims that workers are constantly bitten and that the measures taken have been insufficient. The sworn report from the authorities confirms the presence of active breeding sites for Aedes aegypti, Aedes albopictus, and Culex spp., as verified by Ministry of Health larval analyses. Although partial fumigations were carried out and some breeding sites eliminated, lagoons and piñuela plants remain unresolved foci. The Chamber finds that the health problems have not been comprehensively and definitively resolved, and thus grants the amparo, ordering the respondent authorities —SINAC, the Central North Regional Health Directorate, and the Health Surveillance Directorate— to take necessary actions within their respective powers to definitively resolve the situation within two months.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1199351.json", "html_url": "/legal/doc/nexus-sen-1-0007-1199351", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1199351" }, { "id": "nexus-sen-1-0007-1199893", "citation": "Res. 30832-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas corpus denied for summons in criminal case with final acquittal", "title_es": "Rechazo de hábeas corpus por citación en proceso penal con absolutoria firme", "summary_en": "The Constitutional Chamber denied a habeas corpus petition filed on behalf of an individual acquitted of forest law violations, whose civil damages claim was also dismissed. The petitioner argued that despite the final acquittal, the criminal court summoned him as an accused to a hearing on a demolition request, warning of contempt and arrest. The Chamber held that the use of the term “accused” and the summons did not pose a clear threat to liberty, since the proceeding was not fully concluded due to the pending demolition issue. It also noted that no contempt or arrest order had been issued, and the dispute should be resolved in ordinary courts. The Chamber took the facts as true because the court failed to submit its signed report on time.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "24/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1199893.json", "html_url": "/legal/doc/nexus-sen-1-0007-1199893", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1199893" }, { "id": "nexus-sen-1-0007-1200618", "citation": "Res. 31213-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Santa Paula I Residents: Wastewater Pollution", "title_es": "Vecinos de Santa Paula I: contaminación por aguas servidas", "summary_en": "The Constitutional Chamber granted an amparo filed by residents of the Santa Paula I neighborhood in San Pablo de Barva, Heredia, who reported pollution from the discharge of wastewater and other liquid and solid waste originating from a development built on higher ground. The applicants argued that, despite having approached the Municipality of Barva and the Ministry of Health since 2017, the authorities had failed to resolve the core problem, causing foul odors, impacts on public health, and environmental risk. The Court found that, although the initial 2017 complaint was addressed, the new complaint filed in 2023 was not handled within a reasonable time, violating the right to a healthy environment. It therefore ordered the San Rafael-Barva Health Area and the Municipality of Barva to coordinate and take definitive action within three months to resolve the issue and notify the applicant, under warning of criminal penalties for non-compliance.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1200618.json", "html_url": "/legal/doc/nexus-sen-1-0007-1200618", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1200618" }, { "id": "nexus-sen-1-0007-1203359", "citation": "Res. 31754-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Lack of Infrastructure at Playa Hermosa-Punta Mala Wildlife Refuge", "title_es": "Falta de infraestructura en Refugio de Vida Silvestre Playa Hermosa-Punta Mala", "summary_en": "The Constitutional Chamber heard an amparo filed by a Spanish citizen on behalf of the Playa Hermosa-Punta Mala National Wildlife Refuge against the Ministry of Environment and Energy (MINAE) and SINAC. The petitioner argued that deplorable infrastructure, staff shortages, and lack of supplies made it impossible to adequately protect olive ridley turtles and other natural resources, violating the right to a healthy environment. During proceedings, it was confirmed that the operational post in Playa Hermosa had been closed due to deterioration and declared uninhabitable by the Ministry of Health, with a 67% staffing deficit. The Chamber found that the State had failed to provide effective protection to the refuge and partially granted the amparo. It ordered MINAE and SINAC to prepare and execute, within twelve months, a plan to rebuild the infrastructure, supply materials, and provide human resources to ensure effective surveillance and prevent environmental harm. The claim against the Ministry of Health and INVU was dismissed.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "procedural-environmental", "wildlife-law-7317" ], "date": "07/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1203359.json", "html_url": "/legal/doc/nexus-sen-1-0007-1203359", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1203359" }, { "id": "nexus-sen-1-0007-1203360", "citation": "Res. 31774-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Order to resolve inadequate wastewater disposal in Las Palmeras", "title_es": "Orden de resolver disposición inadecuada de aguas residuales en Las Palmeras", "summary_en": "The Constitutional Chamber granted an amparo filed by a resident of the Las Palmeras residential complex, Heredia, against the Ministry of Health. The petitioner had reported to the Heredia Health Area that 26 homes were improperly disposing of wastewater and rainwater, with illegal cross-connections between the sanitary and stormwater systems, endangering public health. Although the case was referred to competent staff in May 2023, after more than six months the problem had not been resolved and the complainant had received no written response. The Ministry reported inspections in 14 of the 26 homes, achieving repairs in only 6; the rest awaited owner cooperation. The Chamber holds that the right to a healthy environment and health are affected, and orders the Director of the Heredia Health Area to definitively solve the wastewater disposal problem within three months and notify the petitioner. The State is ordered to pay costs and damages. Judge Salazar adds a concurring note explaining that amparo is appropriate given the impact on environment and health from administrative inaction.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "07/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1203360.json", "html_url": "/legal/doc/nexus-sen-1-0007-1203360", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1203360" }, { "id": "nexus-sen-1-0007-1203366", "citation": "Res. 31756-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prior Consultation of Keköldi Indigenous Association for Cahuita Coastal Regulatory Plan", "title_es": "Consulta previa a ADI Keköldi por Plan Regulador Costero de Cahuita", "summary_en": "The Constitutional Chamber reviews an amparo action filed by members of the Keköldi Indigenous Territory Integral Development Association (ADI Keköldi) against the Municipality of Talamanca. The petitioners claim that the municipality failed to conduct a prior, free, and informed consultation process before approving the Coastal Regulatory Plan for the Cahuita district, which includes areas adjacent to the indigenous territory and whose provisions affect their traditional land uses. The municipality argued that the indigenous territory was formally excluded from the plan following a SETENA modification, thus consultation was not required. The Chamber holds that although the indigenous territory area was formally excluded from direct coverage, the relationship of indigenous peoples with their territory extends beyond formal geographic boundaries, encompassing cultural, spiritual, and subsistence ties. It finds that the coastal regulatory plan could generate significant impacts on the social, economic, environmental, or cultural conditions of the Keköldi territory. Therefore, it partially grants the appeal, annuls the public hearing held on August 4, 2023, and orders the Municipality of Talamanca to schedule a new public hearing within a maximum period of three months, formally summoning the members of ADI Keköldi. The appeal against SETENA and INVU is dismissed, as they are not directly responsible for the consultation.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "procedural-environmental" ], "date": "07/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1203366.json", "html_url": "/legal/doc/nexus-sen-1-0007-1203366", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1203366" }, { "id": "nexus-sen-1-0007-1205338", "citation": "Res. 32311-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo over foul odors from the La Carpio landfill", "title_es": "Amparo ambiental por malos olores del relleno sanitario La Carpio", "summary_en": "The Constitutional Chamber heard an amparo filed by a resident of Belén against the Ministry of Health, the Municipality of San José, and the Municipality of Belén, due to pollution from foul odors emanating from the Uruka Environmental Technology Park (La Carpio landfill) and from burning at clandestine dumps. The Chamber found that the Ministry of Health had conducted inspections and received multiple complaints since May 2023 but had not issued concrete sanitary orders to remedy the odor problem; the authority itself admitted it lacked specific regulations. Regarding the burnings, the amparo was declared premature because it was filed on the same day as the complaint. The municipalities were dismissed because no direct complaint was made to them by the petitioner, or they had acted within a reasonable timeframe. The Chamber partially granted the amparo, ordering the Ministry of Health to adopt the necessary measures within one month to address the foul odors, with the State ordered to pay costs. Claims concerning the increase in the landfill's elevation were rejected on grounds of res judicata based on a prior ruling (2021-014301).", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "15/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1205338.json", "html_url": "/legal/doc/nexus-sen-1-0007-1205338", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1205338" }, { "id": "nexus-sen-1-0007-1205339", "citation": "Res. 32312-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Civic Center for Peace in a protected area: preparatory phases and preventive and precautionary principles", "title_es": "Centro Cívico por la Paz en área protegida: fases preparatorias y principios preventivo y precautorio", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Liberia and MINAE regarding the Civic Center for Peace project, planned within the Liberia Natural Monument Ecological and Recreational Park, a protected wild area. The petitioner claims that the project, involving the felling of approximately 200 trees, would cause severe environmental harm and violates the right to a healthy environment. The Chamber finds that the project is in a management phase, not under development: various permits are being processed before the Guanacaste Conservation Area, including an incomplete application to cut 147 trees. The court holds that, as the project is in a preparatory stage, no current violation of fundamental rights is proven. However, it warns municipal authorities that during the project's development they must ensure respect for the preventive and precautionary principles and comply with SINAC's requirements. The amparo is dismissed, without awarding costs due to lack of bad faith.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "procedural-environmental" ], "date": "15/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1205339.json", "html_url": "/legal/doc/nexus-sen-1-0007-1205339", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1205339" }, { "id": "nexus-sen-1-0007-1206934", "citation": "Res. 33030-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Unconstitutionality Action due to Premature Underlying Case", "title_es": "Inadmisibilidad de acción de inconstitucionalidad por asunto base prematuro", "summary_en": "The Constitutional Chamber summarily dismisses an unconstitutionality action against Executive Agreement 001‑P, which appointed a Minister of Coordination with the Private Sector. The petitioner argued the post lacked legal basis, citing Article 141 of the Constitution and the repeal of ministers without portfolio. Standing was based on a pending criminal case for perjury in which it is disputed whether a sworn statement made by a company regarding public‑contracting prohibitions was false due to the petitioner’s family relationship with that minister. The Chamber finds that the criminal proceeding is still in the preparatory phase: the Public Prosecutor has not filed a formal accusation nor has any precautionary measure been imposed. Applying Article 75 of the Constitutional Jurisdiction Law and the case law requiring a direct and current connection between the action and the underlying case, the court considers the recourse premature and declares it inadmissible, without examining the constitutional merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1206934.json", "html_url": "/legal/doc/nexus-sen-1-0007-1206934", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1206934" }, { "id": "nexus-sen-1-0007-1206939", "citation": "Res. 29023-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of Unconstitutionality Action on Recreational Cannabis Penalization", "title_es": "Rechazo de acción de inconstitucionalidad sobre penalización del cannabis recreativo", "summary_en": "The Constitutional Chamber flatly rejects an unconstitutionality action against Article 127 of the General Health Law and other provisions criminalizing the cultivation and activities related to cannabis for recreational use. The plaintiff, a cannabis consumer, claimed to defend diffuse interests of consumers, arguing violations of rights such as health, free development of personality, proportionality, and harmfulness. The Chamber reiterates its standing jurisprudence and concludes the plaintiff lacks standing based on diffuse interests, as his claim corresponds to an individual and direct interest stemming from his particular situation as a consumer, not a socially diffuse impact. The majority finds the challenged norms are susceptible of individual application, thus the diffuse interest defense under Article 75 of the Constitutional Jurisdiction Law does not apply. Justice Garro Vargas adds a separate note clarifying that the coexistence of an individual claim does not per se exclude the protection of diffuse interests, but in this case an individual interest underlies. Justice Rueda Leal partially dissents, elaborating his view of diffuse interests and agreeing with the rejection because no socially diffuse impact is demonstrated.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1206939.json", "html_url": "/legal/doc/nexus-sen-1-0007-1206939", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1206939" }, { "id": "nexus-sen-1-0007-1207462", "citation": "Res. 00308-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline to determine arsenic contamination in ASADA Quintas Don Fernando", "title_es": "Prórroga de plazo para determinar contaminación por arsénico en ASADA Quintas Don Fernando", "summary_en": "The Constitutional Chamber reviewed a subsequent motion filed by the Costa Rican Institute of Aqueducts and Sewers (AyA) concerning judgment No. 2023014243, which had partially granted an amparo remedy due to arsenic contamination in the drinking water of the Quintas Don Fernando community in Esparza. The judgment ordered AyA, the local ASADA, and the Health Area Directorate to scientifically determine the cause of contamination within six months, continue providing potable water, and carry out public information campaigns. AyA requested an extension of the deadline until March 29, 2024, to complete a hydrogeological study in coordination with SENARA to identify the source of arsenic. The Chamber, recalling that the main objective is to restore fundamental rights not yet achieved, granted the extension based on Articles 12 and 56 of the Constitutional Jurisdiction Law, and warned the executive president of AyA about potential criminal liability under Article 71 of said law for non-compliance.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "10/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1207462.json", "html_url": "/legal/doc/nexus-sen-1-0007-1207462", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1207462" }, { "id": "nexus-sen-1-0007-1207779", "citation": "Res. 00157-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of enrollment for lack of locative capacity at Quepos CTP", "title_es": "Denegatoria de matrícula por falta de capacidad locativa en CTP de Quepos", "summary_en": "The Constitutional Chamber dismisses on the merits an amparo filed by a mother on behalf of her minor daughter, whose enrollment at the Quepos Professional Technical College was denied due to lack of locative capacity. The petitioner argued she could not pre-enroll due to her advanced pregnancy and that other schools are far away. The Chamber upholds its settled case law that there is no right to choose a specific school, only to guaranteed access to education. It finds the denial is neither arbitrary nor violates the right to education, as other options exist in the area. It also holds that complaints about an official response and admission of another student are matters of ordinary legality. The request to enforce a prior infrastructure ruling must be addressed in that separate case. Justice Rueda Leal issues a dissenting opinion, arguing the appeal should have been rejected outright because the petitioner failed to complete the pre-enrollment process, a matter of ordinary legality.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1207779.json", "html_url": "/legal/doc/nexus-sen-1-0007-1207779", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1207779" }, { "id": "nexus-sen-1-0007-1208332", "citation": "Res. 00402-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal obligation to implement river protection works", "title_es": "Obligación municipal de ejecutar obra de protección fluvial", "summary_en": "The Constitutional Chamber grants an amparo remedy filed by a resident of Calle Blanca Durán, San Juan de Dios de Desamparados, who claims that the Municipality of Desamparados has failed to address recurrent floods from the Cañas River, causing property damage and endangering life, health, and the local environment, particularly for minors and the elderly. Despite the Municipality’s arguments of conducting studies, clean-up, and drafting an investment plan with the National Emergency Commission, the Chamber holds that the failure to implement the designed river protection works violates the petitioner’s fundamental rights, given the latent risk of isolation and landslides. The ruling relies on Article 169 of the Constitution, which entrusts municipalities with the administration of local interests and services, including flood prevention and environmental protection. It orders the Municipality to adopt technical measures and carry out the project \"Design and construction of river protection works\" within a maximum of six months, under warning of criminal liability. The decision includes a separate note and a partial dissenting vote on the enforcement phase.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1208332.json", "html_url": "/legal/doc/nexus-sen-1-0007-1208332", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1208332" }, { "id": "nexus-sen-1-0007-1208352", "citation": "Res. 00381-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to drinking water for communities in Pérez Zeledón", "title_es": "Acceso al agua potable para comunidades de Pérez Zeledón", "summary_en": "The Constitutional Chamber grants the amparo action filed on behalf of the communities of Socorro de Platanares, Oratorio, Concepción, Buenos Aires, upper part of Los Reyes, and northern sector of San Rafael de Platanares, all in Pérez Zeledón, against the Costa Rican Institute of Aqueducts and Sewers (AyA) and the Administrative Association of the Rural Aqueduct Oratorio Concepción. The Chamber finds a violation of the fundamental right to access drinking water, derived from the rights to health, life, a healthy environment, and adequate housing. Despite efforts since 2011, including drilling a well in 2016, the registration process with the Water Directorate of MINAE remains unresolved due to information discrepancies and a nearby house construction. The Chamber orders AyA to immediately provide drinking water through appropriate mechanisms, complete technical studies and registration within six months, and execute infrastructure works within twelve months if supported by studies, under penalty of imprisonment. The claim against the ASADA is dismissed for lack of merit. Justice Garro Vargas partially dissents regarding execution, recommending it be handled by the Contentious Administrative Court.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1208352.json", "html_url": "/legal/doc/nexus-sen-1-0007-1208352", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1208352" }, { "id": "nexus-sen-1-0007-1208354", "citation": "Res. 00386-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Quebradas de Jicotea Community Seeks Potable Water Amid Inaction by AyA and ASADA", "title_es": "Comunidad de Quebradas de Jicotea solicita agua potable ante inacción de AyA y ASADA", "summary_en": "The petitioner, a resident of Quebradas de Jicotea in Turrialba, claims that for over five years the community has lacked potable water. She alleges the ASADA of Jicotea denied service and required residents to fund a technical study they cannot afford. After a sanitary complaint, the Ministry of Health issued a sanitary order to ICAA to present a remedial plan within 20 days, which was not fulfilled. ICAA argues the ASADA operates illegally without a delegation agreement and that residents have not conducted required studies. The Chamber finds that while ICAA and ASADA could refuse service on technical grounds, the authorities failed to effectively follow up on the sanitary order and coordinate actions. The amparo is partially granted; ICAA, Ministry of Health, and Municipality of Turrialba are ordered to coordinate within three months to resolve the community's situation.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1208354.json", "html_url": "/legal/doc/nexus-sen-1-0007-1208354", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1208354" }, { "id": "nexus-sen-1-0007-1208424", "citation": "Res. 00322-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality action regarding noise measurement", "title_es": "Rechazo de acción de inconstitucionalidad sobre medición de ruido", "summary_en": "The Constitutional Chamber summarily dismissed an unconstitutionality action brought by the president of the Chamber of Industry, Commerce and Services of the canton of La Unión against the Ministry of Health and Executive Decree No. 32692 (Procedure for Noise Measurement). The petitioner argued that the Ministry, by using a sound level meter that does not comply with the decree, was applying an unconstitutional procedure. However, the Chamber found that the action failed to meet essential formal requirements: the petitioner did not adequately justify his standing, and although he claimed to defend corporate interests, the chamber's statutory purposes do not include judicial defense of its members or the filing of actions against norms. Consequently, the claim was rejected without considering the merits. Judge Rueda Leal dissented, considering the rejection premature and ordering that the petitioner be warned to remedy the omissions, pursuant to Article 80 of the Constitutional Jurisdiction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1208424.json", "html_url": "/legal/doc/nexus-sen-1-0007-1208424", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1208424" }, { "id": "nexus-sen-1-0007-1208431", "citation": "Res. 00400-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition for information on Los Pinos landfill", "title_es": "Derecho de petición de información sobre relleno sanitario Los Pinos", "summary_en": "The Constitutional Chamber granted an amparo against the Municipality of Cartago for violation of the right to petition. The petitioner had requested from the City Council detailed information about the Los Pinos landfill —including environmental viability, permits, leachate studies, and tonnage— but the Municipality failed to provide the requested information. Instead, the Council instructed him to respond to observations made by the landfill operator, making the release of information conditional on his opinion. The Chamber held that the right under Articles 27 and 30 of the Political Constitution is not contingent on the petitioner expressing an opinion; the public entity has an obligation to provide the existing information or explain its unavailability. The Municipal President was ordered to provide the information within five working days, safeguarding sensitive data, and the Municipality was condemned to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1208431.json", "html_url": "/legal/doc/nexus-sen-1-0007-1208431", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1208431" }, { "id": "nexus-sen-1-0007-1209271", "citation": "Res. 01101-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sewage plant odors and municipal duty to ensure a healthy environment", "title_es": "Malos olores de planta de tratamiento y deber municipal de garantizar un ambiente sano", "summary_en": "The Constitutional Chamber heard an amparo action filed by a resident of Paraíso de Cartago against the Ministry of Health and the Municipality of Paraíso, concerning foul odors from the Llanos de Santa Lucía wastewater treatment plant. The petitioner claimed that, despite complaints filed since March 2023, the authorities had failed to take effective measures to eliminate the odor pollution affecting her health and quality of life. The Ministry of Health conducted multiple inspections, issued technical reports and sanitary orders, finding that the plant operated within regulatory parameters, although specific mechanical failures and off-site odors were noted. The Municipality began sludge-purging operations and allocated a budget for improvements, but the maintenance works were not yet completed at the time of the ruling. The Chamber applied the precautionary principle (in dubio pro natura), emphasizing the constitutional duty of local governments to guarantee a healthy environment (Article 50 of the Constitution). It partially granted the amparo solely against the Municipality of Paraíso, ordering it to complete, within six months, the repairs needed to eliminate the foul odors, and dismissed the claim against the Ministry of Health due to its diligent actions.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "19/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1209271.json", "html_url": "/legal/doc/nexus-sen-1-0007-1209271", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1209271" }, { "id": "nexus-sen-1-0007-1209397", "citation": "Res. 01082-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental registrations within limits of Las Baulas National Marine Park", "title_es": "Registros ambientales en límites del Parque Nacional Marino Las Baulas", "summary_en": "The petitioner claims that the National Environmental Technical Secretariat (SETENA) approved environmental registrations (D2-0885-2022 and D2-1158-2022) for building single-family homes on properties partially within Las Baulas National Marine Park, whose only access is a public road inside the park, and one borders the La Chipriota mangrove without respecting protective buffer. SETENA argues the construction footprint lies outside the park and that it is not bound to rule on the mangrove. The park administrator points out that park areas are being used for material storage and access, and that real estate development could undermine conservation. The Chamber grants the appeal: it orders SETENA and SINAC to immediately inspect the constructions within one month, and to resolve any adverse effects according to law within two months. Magistrate Salazar dissents, considering the matter one of legality.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1209397.json", "html_url": "/legal/doc/nexus-sen-1-0007-1209397", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1209397" }, { "id": "nexus-sen-1-0007-1209400", "citation": "Res. 01229-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Regulate Law No. 10152 on the Sarapiquí River Basin", "title_es": "Omisión reglamentaria de la Ley N°10152 sobre la cuenca del Río Sarapiquí", "summary_en": "The Constitutional Chamber reviews an amparo action against the Presidency and the Ministry of Environment and Energy for failing to issue the regulation of Law No. 10152, 'Law for the Sustainable Development of the Sarapiquí River Basin and Protection of its Main Channel,' published on April 28, 2022. The law establishes an environmental safeguard along the main channel of the Sarapiquí River for 25 years, renewable, prohibiting new hydroelectric projects and mining extraction concessions, and organizes inter-institutional responsibilities for protecting river ecosystems. Transitory Article I requires the Executive Branch to issue regulations within three months, a deadline that passed without the required decree, despite internal work by MINAE. The Chamber finds the regulatory omission violates Articles 50 (right to a healthy environment) and 140(3) of the Constitution, grants the amparo, and orders the authorities to issue the executive decree within two months, under warning of criminal penalties for disobedience.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "19/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1209400.json", "html_url": "/legal/doc/nexus-sen-1-0007-1209400", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1209400" }, { "id": "nexus-sen-1-0007-1209453", "citation": "Res. 01073-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of compliance with amparo for water supply in Andrómeda III", "title_es": "Reiteración de cumplimiento de amparo por abastecimiento de agua en Andrómeda III", "summary_en": "The Constitutional Chamber resolves a non-compliance proceeding filed by a resident of Andrómeda III in Balsa de Atenas, who claims that the local ASADA and AyA have not definitively resolved the intermittent potable water supply problem, breaching the 2019 ruling No. 2019004066. The respondent authorities report progress: environmental viability obtained from SETENA after modifying spring flows, signing of a right-of-way agreement with UTN for pipeline passage, project socialization, preparation of the MIDEPLAN profile, and drafting of bidding documents, with financing planned for 2024-2025. The Chamber finds the granted deadlines have expired — the eighteen-month extension from 2021 ended in August 2022 — without full compliance. It therefore reiterates the original order to AyA’s General Manager and the ASADA President, under warning of initiating administrative proceedings and referring the matter to the Public Prosecutor’s Office for disobedience. The decision underscores authorities’ duty to promptly obey constitutional rulings and the fundamental right to water.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "19/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1209453.json", "html_url": "/legal/doc/nexus-sen-1-0007-1209453", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1209453" }, { "id": "nexus-sen-1-0007-1209834", "citation": "Res. 01835-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Lack of perimeter wall and noise problems at municipal soccer field", "title_es": "Falta de tapia y problemas de ruido en plaza municipal de fútbol", "summary_en": "A resident of the Villa Antigua neighborhood in Vázquez de Coronado filed an amparo action against the municipality and the cantonal sports committee, alleging that the lack of a perimeter wall at the Daniel Vargas soccer field causes security problems, excessive noise from soccer balls and use of the field, and stagnant water, affecting her right to rest and health, especially that of her elderly father. The Constitutional Chamber found that although the municipality had been aware of the complaints since December 2022 and May 2023, it had not definitively resolved them, only taking preliminary steps such as topographic surveys and ditch cleaning without executing the necessary works. The Chamber partially granted the amparo, ordering the municipality to comprehensively address the complaints within six months. The claim against the sports committee was dismissed because the petitioner had not directly filed a complaint with it. The ruling includes dissenting opinions on execution jurisdiction and the exception to referring the case to the administrative court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1209834.json", "html_url": "/legal/doc/nexus-sen-1-0007-1209834", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1209834" }, { "id": "nexus-sen-1-0007-1210257", "citation": "Res. 21560-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of Water Availability Based on Technical Impossibility", "title_es": "Denegatoria de disponibilidad de agua potable por imposibilidad técnica", "summary_en": "The Constitutional Chamber dismissed the amparo petition filed by an individual seeking a new drinking water connection in Cipreses de Oreamuno. The petitioner claimed that since 2019 the local ASADA had informed her of the unavailability of service, despite the existence of water resources in the area. The Costa Rican Institute of Aqueducts and Sewers (AyA) and the ASADA demonstrated that the aqueduct has a water deficit of 14.05 L/s, lacks hydraulic capacity, and its main sources are closed due to contamination with metabolites of the fungicide chlorothalonil. The Chamber reaffirmed its well-established case law: although there is a fundamental right to drinking water, service providers may deny new connections when technical or legal reasons exist, without violating fundamental rights. The denial was not arbitrary but based on technical criteria the Chamber does not review; therefore, the amparo was denied.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "01/09/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1210257.json", "html_url": "/legal/doc/nexus-sen-1-0007-1210257", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1210257" }, { "id": "nexus-sen-1-0007-1210333", "citation": "Res. 01831-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to preliminary deep-sea shrimp fishing reports from INCOPESCA", "title_es": "Acceso a informes preliminares de pesca de camarón de profundidad ante INCOPESCA", "summary_en": "The Constitutional Chamber heard an amparo filed by a legal entity against INCOPESCA for failing to provide requested information about the research project 'New alternatives for responsible deep-sea shrimp fishing in the Costa Rican Pacific Ocean'. INCOPESCA argued that the information was raw, that the requester did not clarify their interest, and that it could be used in ongoing litigation against the project. The Chamber held that the information was of clear public environmental interest, so access could not be conditioned on explaining the requester's interest. It dismissed arguments about preliminary data since the request referred to a progress report already visible in the administrative file. It rejected the intellectual property claim as unregistered and because the project was publicly funded. The Court granted the amparo, ordering delivery of the information within five days while safeguarding confidential data, and ordered INCOPESCA to pay costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1210333.json", "html_url": "/legal/doc/nexus-sen-1-0007-1210333", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1210333" }, { "id": "nexus-sen-1-0007-1210870", "citation": "Res. 01784-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Contempt in amparo over canine noise is inadmissible if inspection rules out excess levels", "title_es": "Desacato en amparo por ruido de caninos es improcedente si inspección descarta exceso de niveles", "summary_en": "The Constitutional Chamber rules on a contempt claim by Oswaldo Luna Vega against the Ministry of Health and SENASA for alleged non-compliance with judgment 2023025953, which ordered inspection of canine noise at a neighboring property. Authorities reported SENASA inspected on October 23, 2023, finding normal dog behavior and noise within technical parameters. The Ministry of Health performed sound measurements on November 17, concluding the combined noise did not exceed limits under the Noise Pollution Control Regulation (Decree 39428-S) during daytime in a residential zone. Based on these sworn reports, the Chamber dismisses the contempt claim, finding the orders were fulfilled and no regulatory violation proven. The ruling adds that future paper documents must be collected within 30 business days or they will be destroyed per electronic case file regulations.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1210870.json", "html_url": "/legal/doc/nexus-sen-1-0007-1210870", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1210870" }, { "id": "nexus-sen-1-0007-1210885", "citation": "Res. 01890-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of Amparo Over Smoke from Tamaladas Complaint", "title_es": "Rechazo de amparo por denuncia de humo de tamaladas", "summary_en": "The petitioner, an elderly woman with pulmonary emphysema, chronic asthma, and hypertension, filed an amparo against the Ministry of Health for failing to resolve a complaint she submitted on December 7, 2023, regarding environmental pollution from smoke produced by a neighbor's tamale-making business. She claimed the smoke worsened her health and feared for her life. The Constitutional Chamber rejected the amparo outright, reasoning that the administrative complaint was filed on December 14, 2023 (according to the record) and that, under Article 261 of the General Public Administration Act, the administration has a general two-month period to decide and notify. Since that period had not expired when the amparo was filed, the Chamber deemed the action premature and found no current violation of fundamental rights warranting intervention. The ruling is strictly procedural, focusing on the state's response time without addressing the environmental or health issues.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1210885.json", "html_url": "/legal/doc/nexus-sen-1-0007-1210885", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1210885" }, { "id": "nexus-sen-1-0007-1210903", "citation": "Res. 02081-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo against Sucre ASADA tariff increase", "title_es": "Rechazo de amparo sobre tarifas de la ASADA de Sucre", "summary_en": "The petitioner, a resident of Sucre, filed an amparo against the Sucre ASADA, challenging the justifications presented to ARESEP for a rate increase to fund hydrogeological studies and an environmental education program. She also alleged irregularities in the management of water overflows, lack of community consultation on the hiring of outside administrators, and failure to provide adequate notice of a virtual public hearing. The Constitutional Chamber dismissed the amparo outright. It held that the issues raised—tariffs, administrative management, and alleged anomalies in the service—are matters of mere legality that must be litigated in ordinary courts, not through constitutional jurisdiction. The court did not reach the merits of the complaints, simply finding the amparo inadmissible for resolving disputes over public service rates and administrative disagreements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1210903.json", "html_url": "/legal/doc/nexus-sen-1-0007-1210903", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1210903" }, { "id": "nexus-sen-1-0007-1210920", "citation": "Res. 01059-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Action Against CCSS IVM Regulation Reforms", "title_es": "Inadmisibilidad de acción contra reformas al Reglamento del IVM de la CCSS", "summary_en": "The Constitutional Chamber flatly rejects an unconstitutionality action filed against articles 5, 23 and 24 of the CCSS Disability, Old Age and Death Regulation and the Board of Directors' agreements that approved them. The petitioner, a lawyer, alleged that the reforms violated the right to retirement, the principle of equality and various constitutional and international norms by modifying contribution requirements, introducing early retirement only for women and a special regime for people with Down Syndrome, and changing the salary averaging formula. The Chamber finds that the petitioner lacks standing, since the challenged norms are susceptible to individual and direct application, and do not constitute a genuine diffuse interest; nor does he act on behalf of a formally organized collective interest. The majority holds the action inadmissible, with separate opinions by Justice Rueda Leal and Justice Garro Vargas.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1210920.json", "html_url": "/legal/doc/nexus-sen-1-0007-1210920", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1210920" }, { "id": "nexus-sen-1-0007-1211174", "citation": "Res. 02484-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for contaminated water in Buenos Aires de Puntarenas", "title_es": "Amparo por agua contaminada en Buenos Aires de Puntarenas", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a resident of the communities of El Socorro, San Rafael, and Santa María, in the Brunka district of Buenos Aires de Puntarenas, against the Costa Rican Institute of Aqueducts and Sewers (AyA). The petitioner claimed that drinking water was contaminated by cattle feces and that service was frequently suspended during the rainy season due to turbidity, leaving communities without water for days, with tanks exposed to the open air. AyA reported that, although the water met microbiological potability standards, the system experienced turbidity ingress that forced operational shutdowns, and that they were implementing palliative measures and a definitive project called \"Integrated Aqueduct Improvements of Buenos Aires, Puntarenas\". However, the Chamber found that the problem had persisted for years without a definitive solution, violating the rights to health and life of those affected. Consequently, it granted the amparo, ordering AyA to execute the remedial plan within 12 months and to adopt immediate measures for alternative drinking water supply while the works are completed.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "02/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1211174.json", "html_url": "/legal/doc/nexus-sen-1-0007-1211174", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1211174" }, { "id": "nexus-sen-1-0007-1211228", "citation": "Res. 02423-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Abide by prior ruling due to identical grievance and parties", "title_es": "Estese a lo resuelto en sentencia anterior por identidad de agravio y partes", "summary_en": "The Constitutional Chamber addresses an amparo petition filed on behalf of SHIRLEY VALLEJO SOLÍS against the MINISTRY OF PUBLIC EDUCATION for non-payment of legal benefits after retirement on June 1, 2023. The petitioner claims the payment request was made on August 25, 2023, and remains unpaid. However, the Chamber identifies a prior ruling (No. 2023030080 of November 17, 2023, exp. 23-027452-0007-CO) on the same claim, albeit with a different request date. That earlier decision granted the amparo and ordered payment within one month. The Chamber determines the grievance is identical in both cases and therefore orders the parties to abide by the prior ruling without reopening the matter.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1211228.json", "html_url": "/legal/doc/nexus-sen-1-0007-1211228", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1211228" }, { "id": "nexus-sen-1-0007-1211247", "citation": "Res. 02539-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Oral response does not satisfy duty to reply in writing", "title_es": "Respuesta oral no suple deber de contestar por escrito", "summary_en": "The Constitutional Chamber grants an amparo against the Municipality of Matina for failing to provide a formal response to a written information request. The petitioner sought certifications regarding construction permits, bridge demolition, and approval of landfills and environmental impact studies on Route 32. Although the municipality argued that during a council session the petitioner was orally told that the information could not be provided, the Court holds that this does not satisfy the right of petition and timely response. It orders the president of the Municipal Council to issue a written reply within ten days. The ruling reaffirms that written requests must be answered in writing, and that the Administration bears the burden of proving that information was already provided if it so claims. The municipality is ordered to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1211247.json", "html_url": "/legal/doc/nexus-sen-1-0007-1211247", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1211247" }, { "id": "nexus-sen-1-0007-1211287", "citation": "Res. 02458-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal Obligation to Respond to Environmental Complaints Regarding Water Body Protection Areas", "title_es": "Obligación municipal de responder denuncias ambientales sobre áreas de protección de cuerpos de agua", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a resident of Playa Sámara, Nicoya, who complained to the Municipality of Nicoya and SINAC about tree cutting, timber extraction, and fires on a property located within a public watercourse protection area. The claimant argued that despite filing complaints in April 2022, neither authority had issued a formal response or taken corrective measures, violating her right to a healthy and ecologically balanced environment. The Chamber found that SINAC, albeit late, did issue a response on October 2, 2023, after being notified of the amparo. However, the Municipality of Nicoya failed to prove it had responded to the complaint or complied with SINAC's technical recommendations to suspend construction permits in the affected area pending a retrospective hydrological study. Consequently, the Chamber upheld the amparo against the Municipality, ordering it to issue and notify its decision within fifteen days and to immediately comply with the recommendations in SINAC's communication ACT-OSRN-591-2022. Regarding SINAC, the amparo was upheld without costs, as it had fulfilled its duty to respond.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "02/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1211287.json", "html_url": "/legal/doc/nexus-sen-1-0007-1211287", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1211287" }, { "id": "nexus-sen-1-0007-1211292", "citation": "Res. 02523-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber Orders Municipality and Ministry of Health to Resolve Wastewater Discharge into Ditch", "title_es": "Sala Constitucional ordena a Municipalidad y Ministerio de Salud resolver vertido de aguas residuales en acequia", "summary_en": "The Constitutional Chamber heard an amparo action filed by residents of San Juan de San Ramón district who reported the improper discharge of wastewater—soapy and black—into a ditch along Route 702, causing foul odors and health risks. The Municipality of San Ramón and the Ministry of Health conducted inspections confirming the contamination, but after four months had failed to take effective measures to solve the problem. The Chamber found that the inaction of both institutions violated the fundamental right to a healthy and ecologically balanced environment (Article 50 of the Constitution) and the right to health (Article 21). It granted the amparo and ordered the municipal authorities and the Regional Director of the Ministry of Health to take immediate action, resolve the issue within six months, and inform the petitioners. The State and the Municipality were ordered to pay costs, damages, and losses. The ruling includes a partially dissenting opinion by Judge Garro Vargas regarding the venue for the enforcement phase, which she believes should be the Administrative Litigation Court.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "02/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1211292.json", "html_url": "/legal/doc/nexus-sen-1-0007-1211292", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1211292" }, { "id": "nexus-sen-1-0007-1211966", "citation": "Res. 22890-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied against administrative eviction for tolerated occupation", "title_es": "Improcedencia de amparo contra desalojo administrativo por ocupación por tolerancia", "summary_en": "The Constitutional Chamber declares inadmissible the amparo filed by occupants of a property owned by Corporación Faro Negro S.A., who sought to suspend an administrative eviction and have their possession rights recognized after 25 years of occupation. The Chamber reiterates that its jurisdiction over administrative evictions is limited to verifying minimal due process, specifically prior notification, and it cannot review the merits of the eviction order or replace the civil jurisdiction. It finds the appeal manifestly inadmissible because the claims were already heard and rejected in prior rulings (2019-011374, 2021-002989, 2021-002786), and any grievances must be pursued through ordinary judicial channels. Moreover, no violation of fundamental rights was demonstrated that would justify amparo against private parties.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "12/09/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1211966.json", "html_url": "/legal/doc/nexus-sen-1-0007-1211966", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1211966" }, { "id": "nexus-sen-1-0007-1212705", "citation": "Res. 02451-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied for storm drain pipe on private property lacking municipal permits", "title_es": "Improcedencia de amparo por tubería pluvial en propiedad privada sin permisos municipales", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a property owner who reported sinkholes on his land caused by a storm drain pipe crossing the property without authorization, endangering his life and that of his family. The municipality, though it responded to emergencies by repairing the pipe, argued that the pipe had not been installed by the municipality in the last 15 years, that the natural runoff creates an easement by necessity, and that the house and later constructions lacked municipal permits. The Chamber denied the appeal, finding that the municipality had dealt with the emergencies, that the underlying problem is a dispute between private parties (a possible hidden defect attributable to the previous seller), and that the appellant contributed to the situation by building without a license, without evidence of a municipal omission violating fundamental rights.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "02/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1212705.json", "html_url": "/legal/doc/nexus-sen-1-0007-1212705", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1212705" }, { "id": "nexus-sen-1-0007-1212713", "citation": "Res. 02497-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Health complaints on noise pollution and accessibility failed to prove omission", "title_es": "Denuncias sanitarias por contaminación sónica y accesibilidad no probaron omisión", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a neighborhood association against the Ministry of Health, alleging inaction on health complaints. The complaints involved a second-floor restaurant that did not comply with the Equal Opportunities Law (Law 7600), and another establishment due to nighttime noise pollution. Solid-waste management issues were also raised. The Chamber found that the Health Authority had timely addressed each complaint: it conducted inspections, issued health orders, and canceled a operating permit. Although the petitioners disagreed with the measures, no omission was proven. Regarding noise pollution, it was confirmed that noise levels exceeded permissible limits and a health order was issued. The Court emphasized that it is not a legality controller, and that the administrative actions satisfied the duty of protection. The amparo was denied in all respects.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "02/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1212713.json", "html_url": "/legal/doc/nexus-sen-1-0007-1212713", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1212713" }, { "id": "nexus-sen-1-0007-1212799", "citation": "Res. 02987-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of extension of time in amparo for drinking water service", "title_es": "Rechazo de ampliación de plazo en amparo por servicio de agua potable", "summary_en": "The Constitutional Chamber rules on a request for extension of time filed by officials of the Costa Rican Institute of Aqueducts and Sewers (AyA), who sought to extend the deadline to August 2025 for complying with a 2018 amparo judgment ordering them to restore drinking water service to a resident of the Berlín community. Although AyA argues that the comprehensive project requires coordination with INDER and is undergoing environmental permitting before SETENA, the Chamber recalls that the deadline has been extended multiple times and that in 2022 it was warned that the extension to December 2023 would be the last. As that deadline has passed without definitive progress, the court denies the request, orders immediate compliance with the original judgment, and warns the officials of potential criminal penalties (imprisonment of three months to two years or fines) and disciplinary measures for continued non-compliance, pursuant to articles 71 and 53 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1212799.json", "html_url": "/legal/doc/nexus-sen-1-0007-1212799", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1212799" }, { "id": "nexus-sen-1-0007-1213011", "citation": "Res. 33313-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Blackwater discharge into storm drain leads to constitutional relief", "title_es": "Desfogue de aguas negras en alcantarillado pluvial genera amparo", "summary_en": "A resident of Heredia filed an amparo action against the Ministry of Health, the Municipality of Heredia, and CONAVI due to an ongoing discharge of untreated wastewater affecting her community. After ten months of complaints without resolution, the Constitutional Court granted the appeal. The court found that, although inspections ruled out a sanitary sewer leak, the problem was an illegal discharge of wastewater into the roadside ditch, causing ponding, foul odors, and disease vector proliferation. The Court noted a lack of inter-institutional coordination, as no authority had taken responsibility. It ordered the respondent entities to coordinate and take all necessary measures to permanently resolve the environmental problem within one month, under warning of imprisonment or fines for non-compliance, and awarded costs, damages, and losses against the entities.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1213011.json", "html_url": "/legal/doc/nexus-sen-1-0007-1213011", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1213011" }, { "id": "nexus-sen-1-0007-1213377", "citation": "Res. 03173-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of unconstitutionality action against Article 148 of the Electoral Code", "title_es": "Rechazo de acción de inconstitucionalidad contra el artículo 148 del Código Electoral", "summary_en": "The Constitutional Chamber flatly dismisses an unconstitutionality action filed by a sympathizer of the Aquí Costa Rica Manda Party against Article 148 of the Electoral Code. The plaintiff argued that the penalty (non-registration of ballots) imposed by the Supreme Electoral Tribunal for alleged non-compliance with horizontal parity violated his and thousands of citizens' human rights to elect cantonal authorities. The Chamber finds the plaintiff lacks active standing because he cannot invoke the defense of diffuse interests when the challenged rule is susceptible to individual and direct application to political parties. Additionally, no prior pending matter was shown to support incidental standing, and the filing lacked formalities such as authentication by a lawyer and payment of the stamp tax. Consequently, the action is declared inadmissible. One justice dissents, deeming the dismissal premature and ordering that the plaintiff be allowed to correct omissions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1213377.json", "html_url": "/legal/doc/nexus-sen-1-0007-1213377", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1213377" }, { "id": "nexus-sen-1-0007-1213399", "citation": "Res. 33635-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flooding from defective dredging of the Nandayure River — amparo granted", "title_es": "Inundaciones por dragado defectuoso del río Nandayure — amparo concedido", "summary_en": "The Constitutional Chamber reviewed an amparo appeal filed by a resident of San Pablo de Nandayure who alleged that dredging works carried out in 2018 by the respondent authorities altered the course of the Nandayure River, diverting the flow behind her home and threatening her property and that of 26 other families. She contended that the works were defective and that, despite numerous requests to the MOPT, CNE, and Municipality, only insufficient palliative measures were offered. The Chamber found that the flooding situation had persisted for nearly 5 years, that the entities had performed temporary dredging and channeling without achieving a comprehensive solution, and that the municipality itself acknowledged the need for durable works. Accordingly, the appeal was granted, ordering the Municipality of Nandayure, the MOPT, and the CNE to coordinate and draw up a plan with a timetable to definitively resolve the problem within a maximum of one year, warning that failure to comply would constitute the crime under Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "22/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1213399.json", "html_url": "/legal/doc/nexus-sen-1-0007-1213399", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1213399" }, { "id": "nexus-sen-1-0007-1213400", "citation": "Res. 03237-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to information on drainage works and sanitary orders in Oreamuno", "title_es": "Acceso a información sobre obras de drenaje y órdenes sanitarias en Oreamuno", "summary_en": "The Constitutional Chamber reviews an amparo action filed by Denia María Guillén Martínez and Melvin Guillén Martínez on behalf of Dinorah María, Sociedad Anónima, against the Ministry of Health and the Municipality of Oreamuno. The petitioners claim that on June 15, 2023, they submitted requests for information regarding the progress of stormwater drainage works, the status of budgetary resources, immediate measures to address pollution from sewage and stormwater affecting their property, and the actions taken by the Ministry of Health against violators of sanitary orders. However, by the time the amparo was filed, they had not received a response. The Chamber finds that while the Health Directorate had previously communicated some actions, there is no evidence that the entirety of the June 2023 requests had been answered, and the Municipality had also failed to provide the requested information. It concludes that the right to petition and access to information was violated, declares the amparo with merit, and orders both entities to provide the requested information within ten days.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1213400.json", "html_url": "/legal/doc/nexus-sen-1-0007-1213400", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1213400" }, { "id": "nexus-sen-1-0007-1213517", "citation": "Res. 03959-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Omission of Wetlands in the Talamanca Coastal Regulatory Plan", "title_es": "Omisión de humedales en el Plan Regulador Costero de Talamanca", "summary_en": "The Constitutional Chamber heard an amparo action against SINAC, INVU, and the Municipality of Talamanca for excluding wetlands identified in a 2021 technical study from the Coastal Regulatory Plan, whose environmental viability was based on a 2017 State Natural Heritage certificate. The plaintiff claimed violation of Article 50 of the Constitution. The respondent authorities argued that the 2021 study was merely an unofficial internal input and the 2017 certificate was the valid one. The Chamber analyzed the preventive, precautionary, in dubio pro natura, progressivity, non-regression, and objectification of environmental protection principles, as well as wetland regulations and the Ramsar Convention. It held that SINAC failed to technically justify why the certificate was not updated with the new study, merely noting its preliminary nature without explaining real obstacles. Applying the precautionary principle, the Chamber granted the amparo, ordering SINAC to complete the certificate with the 2021 study within three months, and INVU and the Municipality to incorporate this update into the Regulatory Plan. One judge dissented, arguing the matter fell under ordinary administrative jurisdiction.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "16/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1213517.json", "html_url": "/legal/doc/nexus-sen-1-0007-1213517", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1213517" }, { "id": "nexus-sen-1-0007-1213523", "citation": "Res. 04005-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal and Health Ministry coordination for Quebrada Gata pollution", "title_es": "Coordinación municipal y del Ministerio de Salud ante contaminación de la quebrada Gata", "summary_en": "Neighbors of San Ramón filed an amparo action against the Municipality of San Ramón and the Ministry of Health for failing to definitively resolve their complaints about the pollution of Quebrada Gata. The Constitutional Chamber found that, despite complaints filed in September 2023, after more than four months the problem had not been solved, even though illegal wastewater discharges were evident. The Municipality inspected and informed the complainants, but only attempted to arrange a meeting with the Ministry of Health, which was canceled without further action. The Ministry held a meeting without the complainants and conducted a site visit that failed to verify the facts; it also did not adequately coordinate with the Municipality or ask the complainants to delimit the polluted area. The Chamber held that this lack of coordination violated the right to a healthy environment and ordered a joint inspection within one month to determine the necessary measures, to be implemented under the Ministry of Health's supervision. Costs, damages, and losses were awarded.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1213523.json", "html_url": "/legal/doc/nexus-sen-1-0007-1213523", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1213523" }, { "id": "nexus-sen-1-0007-1213667", "citation": "Res. 04153-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Right of Petition Regarding Boulevard Project", "title_es": "Procedencia de amparo por derecho de petición respecto de proyecto Boulevard", "summary_en": "The Constitutional Chamber heard an amparo action filed by a resident of San Vito against the Municipality of Coto Brus, alleging lack of response to a January 10, 2024 information request regarding a project called \"Boulevard\". The petitioner questioned potential street closures, lack of public consultation, and non-compliance with environmental and construction requirements. The Chamber found that the information request was answered by official letter on February 7, 2024 and notified to the petitioner that same day, and that the ten-business-day response period had not yet expired when the action was filed (January 25, 2024), because the request was internally forwarded to the Mayor on January 23. Therefore, the action was denied as premature. In addition, the Chamber states that substantive objections to the project or to the report must be raised through ordinary administrative or judicial channels, not in constitutional proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1213667.json", "html_url": "/legal/doc/nexus-sen-1-0007-1213667", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1213667" }, { "id": "nexus-sen-1-0007-1213730", "citation": "Res. 04364-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo for lack of response to environmental complaint", "title_es": "Amparo prematuro por falta de respuesta a denuncia ambiental", "summary_en": "The Constitutional Chamber declares inadmissible, as premature, a writ of amparo filed against the Municipality of Turrialba. The petitioner alleged lack of response to a complaint regarding foul odors from vehicle traffic near a property, submitted on January 8, 2024. The Chamber recalls that, per its jurisprudence (vote 2008-02545), the proper venue to challenge administrative delays is the contentious-administrative jurisdiction, though exceptions exist for environmental complaints. However, since the amparo was filed before the administration's two-month deadline to resolve the matter, the recourse is premature. The Chamber emphasizes that the legal system recognizes this reasonable period before resorting to constitutional remedies.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1213730.json", "html_url": "/legal/doc/nexus-sen-1-0007-1213730", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1213730" }, { "id": "nexus-sen-1-0007-1213748", "citation": "Res. 04384-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo on sewage spill complaint", "title_es": "Amparo prematuro por denuncia de alcantarilla con aguas negras", "summary_en": "The Constitutional Chamber dismisses as premature the amparo filed by a resident against the National Road Council (CONAVI) for lack of response to a complaint about a sewage overflow in front of his house, which caused foul odors and serious risk to public health and the environment. The complaint was filed on January 30, 2024, and the amparo on February 12, 2024. The Chamber finds that the two-month deadline set by Article 261 of the General Public Administration Law for resolving such administrative complaints—which are not mere requests for information—had not yet expired, so there was no violation of the right to petition or undue delay. The Chamber notes that the matter could eventually warrant protection due to its environmental and public health implications, but the amparo is currently premature.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1213748.json", "html_url": "/legal/doc/nexus-sen-1-0007-1213748", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1213748" }, { "id": "nexus-sen-1-0007-1215251", "citation": "Res. 03964-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Timely communication of actions on environmental complaints", "title_es": "Comunicación oportuna de actuaciones en denuncias ambientales", "summary_en": "The Constitutional Chamber hears an amparo action against SINAC for failing to respond to a complaint about tree felling filed by the petitioners. While it confirms that SINAC did carry out inspections and other administrative proceedings, and even coordinated a parallel criminal investigation with the Environmental Prosecutor's Office, it finds that the authority failed to timely inform the complainants of the status and actions taken. Approximately three months passed from the filing of the complaint until, triggered by the amparo, they were formally notified of what had been done. The Chamber grants the amparo because the delay in communication was disproportionate and violated the petitioners' fundamental rights, but without an award of costs or damages, since the response was provided during the proceedings. SINAC is reminded of its duty to keep complainants informed of administrative progress, even when a criminal case exists.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "16/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1215251.json", "html_url": "/legal/doc/nexus-sen-1-0007-1215251", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1215251" }, { "id": "nexus-sen-1-0007-1215969", "citation": "Res. 04472-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to public information on genetic manipulation registry before CONAGEBIO", "title_es": "Acceso a información pública sobre registro de manipulación genética ante CONAGEBIO", "summary_en": "In this amparo appeal, the Constitutional Chamber examines the alleged violation of the right of access to public information by the National Commission for Biodiversity Management (CONAGEBIO). The claimant, an elderly person, requested on March 10, 2022, the names of individuals and legal entities that have carried out genetic manipulation activities registered with CONAGEBIO’s Technical Office. The authority failed to respond for almost two years, despite repeated reminders. After the amparo was filed, CONAGEBIO responded on January 31, 2024, stating that no official registry yet exists because the relevant regulation has not been approved, due to jurisdictional disagreements with the State Phytosanitary Service and consultations with the Attorney General’s Office. The Chamber grants the appeal, as the response was issued after the admission of the amparo was notified, but, by majority, without an award of costs, damages, or losses, considering that the violated right is not of a clearly patrimonial nature.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "biodiversity-law-7788", "procedural-environmental" ], "date": "20/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1215969.json", "html_url": "/legal/doc/nexus-sen-1-0007-1215969", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1215969" }, { "id": "nexus-sen-1-0007-1216143", "citation": "Res. 04735-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response to land-use permit request in spring protection zone", "title_es": "Amparo por falta de respuesta ante solicitud de uso de suelo en zona de protección de naciente", "summary_en": "The Constitutional Chamber dismisses an amparo appeal filed against the Municipality of Naranjo for an alleged failure to respond to a land-use permit request. The petitioner claimed he filed the request on November 8, 2023 and received no answer. However, the Chamber found it proven that the municipality responded by official letter dated November 14, 2023, denying the land-use permit because the properties are located within the 100-meter protection zone of a permanent spring, based on Article 33 of the Forestry Law. Additionally, the Chamber reaffirms its settled case law since decision 2008-02545, holding that disputes over deadlines in administrative proceedings must be resolved by the administrative-contentious jurisdiction, absent exceptions—which were not present here. Justice Cruz Castro dissents, arguing that administrative delay constitutes a violation of fundamental rights that this Chamber should address.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "23/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1216143.json", "html_url": "/legal/doc/nexus-sen-1-0007-1216143", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1216143" }, { "id": "nexus-sen-1-0007-1216245", "citation": "Res. 04692-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SETENA and environmental viability over wetlands in Cahuita", "title_es": "SETENA y viabilidad ambiental sobre humedales en Cahuita", "summary_en": "The Constitutional Chamber examined an amparo against SETENA and SINAC regarding the environmental viability granted to the Coastal Regulatory Plan of Cahuita, Talamanca. The petitioner argued that technical and legal requirements were not met and that wetlands were left unprotected. The Chamber verified that SETENA granted viability based on SINAC's official wetland layers, the 2017 State Natural Heritage certification, and Directive 09-2023-MINAE. The 2021 wetland study was not formalized. The Chamber referred to judgment 2024003959, which ordered SINAC to complete within three months the supplement to the State Natural Heritage certification with the 2021 study, and instructed SETENA to review the environmental viability once that order is fulfilled. The amparo against SETENA was denied, but it was ordered to comply with the cited judgment. Justice Salazar Alvarado issued a separate opinion.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "23/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1216245.json", "html_url": "/legal/doc/nexus-sen-1-0007-1216245", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1216245" }, { "id": "nexus-sen-1-0007-1216250", "citation": "Res. 04807-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC and Municipality Inaction on Laguna Carrizal Wetland Invasion", "title_es": "Inacción de SINAC y Municipalidad ante invasión de humedal Laguna Carrizal", "summary_en": "The Constitutional Chamber granted an amparo action filed by an adjacent landowner to the Carrizal Lagoon, a recognized wetland that forms part of the Paso Las Lapas Biological Corridor in Garabito. The plaintiff reported that since October 2023, invasions, construction of a gate, opening of a road, earthworks, and uncontrolled burns were being carried out in the protected zone of the wetland, and that both SINAC and the Municipality of Garabito failed to act. SINAC merely conducted an inspection and referred the case to the criminal courts, without exercising its administrative sanctioning powers or addressing all aspects of the complaint. The Municipality did not issue a formal response nor take any measures regarding the unpermitted constructions verified in the area. The Chamber held that the omission of both entities violated the right to a healthy and ecologically balanced environment (Constitutional Article 50), ordering them, within one month, to fully analyze the complaint, resolve all issues raised, and issue the corresponding administrative acts. The ruling included a dissenting vote that considered the matter should be heard in the contentious-administrative jurisdiction. The judgment reaffirms the duty of environmental authorities to exercise their administrative competences independently of any criminal proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1216250.json", "html_url": "/legal/doc/nexus-sen-1-0007-1216250", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1216250" }, { "id": "nexus-sen-1-0007-1216350", "citation": "Res. 04626-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of constitutional challenge to state hydrocarbon monopoly", "title_es": "Rechazo de acción de inconstitucionalidad contra el monopolio estatal de hidrocarburos", "summary_en": "The Constitutional Chamber rejects on the merits a constitutional challenge brought by the Consumers Association of Costa Rica against Law 7356 of 1993, which establishes a state monopoly on the import, refining, and wholesale distribution of crude oil and its derivatives. The claimant alleged violations of Articles 1, 2, 11, 28, 46, 50, and 56 of the Constitution, including the right to a healthy environment, arguing that any legal monopoly raises prices, destroys jobs, and discourages energy innovation. The Chamber reiterates its prior case law (ruling 7044-96) and concludes that fossil fuels are goods of public order due to their scarcity and vital nature, so their state monopolization does not exceed the limits of reasonableness and proportionality. Regarding the environmental claim, the Chamber finds it to be a subjective assertion lacking factual support. Additionally, the Chamber rejects standing based on diffuse interests because the law is susceptible to individual application, and limits corporate standing to consumer interests, whose arguments lack sufficient grounding. Judges Rueda Leal and Garro Vargas dissent, considering the merits rejection premature without first allowing the claimant to cure procedural defects.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "21/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1216350.json", "html_url": "/legal/doc/nexus-sen-1-0007-1216350", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1216350" }, { "id": "nexus-sen-1-0007-1216470", "citation": "Res. 05358-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo for Premature Environmental Complaint Against Municipality", "title_es": "Inadmisibilidad de amparo por denuncia ambiental prematura contra municipalidad", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed by residents of Dulce Nombre de Naranjo against the Municipality of Naranjo for failure to respond to a complaint submitted on January 26, 2024, regarding noise from a mechanical workshop. The petitioners alleged harm to the health of an elderly adult with psychological disorders and epilepsy. The Chamber reiterates that, according to its precedent (decision 2008-02545), disputes over administrative resolution deadlines must generally be heard in contentious-administrative jurisdiction, with limited exceptions. Although the case involves an environmental complaint and protection of an elderly person—factors that could warrant an exception—the court finds that at the time of filing (February 22, 2024), an unreasonable period had not elapsed for the municipality to resolve the matter, rendering the amparo premature. Consequently, the remedy is declared inadmissible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "27/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1216470.json", "html_url": "/legal/doc/nexus-sen-1-0007-1216470", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1216470" }, { "id": "nexus-sen-1-0007-1217219", "citation": "Res. 05143-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Comply with Amparo Order — Unsigned Submission", "title_es": "Incumplimiento de orden de amparo por falta de firma", "summary_en": "The Constitutional Chamber rejects a subsequent enforcement motion filed by Sylvia Montero Gamboa regarding amparo judgment 2021-026548, which had ordered the Municipality of Santa Cruz to solve the stormwater drainage problem that was flooding homes in Playa Potrero. The motion was unsigned, and despite a formal warning giving the petitioner three days to correct the defect, she failed to comply. The Chamber therefore declares the motion inadmissible for lack of signature. Additionally, a writ from the mayor of Santa Cruz reporting ongoing administrative actions (topographic survey, analysis of alternatives, and environmental consultations) is added to the record, and the case is ordered archived.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217219.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217219", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217219" }, { "id": "nexus-sen-1-0007-1217231", "citation": "Res. 01523-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noncompliance claim over Moín aquifer contamination rejected", "title_es": "Desobediencia por contaminación del acuífero de Moín rechazada", "summary_en": "The Constitutional Chamber rejects a noncompliance claim filed against several authorities (MINAE, AyA, SINAC, Municipality of Limón, Ministry of Health) regarding compliance with judgment No. 2022022070. That judgment ordered the creation of an inter-institutional commission and the design of a plan to address contamination of the Moín aquifer on properties owned by Propiedades Val di Sole S.A. The petitioner argued that contamination, logging, and land-use change persisted and that the entities were negligent, even failing in their criminal duties. The Chamber finds that the commission was created on October 5, 2022, and the plan was formulated on October 31, 2022, within the prescribed deadlines, so there is no noncompliance. It warns that dissatisfaction with the plan's content is a matter of ordinary legality to be raised before administrative or ordinary courts, not in this amparo enforcement proceeding.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law", "forestry-law-7575" ], "date": "19/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217231.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217231", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217231" }, { "id": "nexus-sen-1-0007-1217315", "citation": "Res. 05509-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo on delay in global salary adjustment", "title_es": "Rechazo de amparo sobre retraso en ajuste salarial global", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed by a Ministry of Health employee against the Ministry of Health and the Ministry of Finance, regarding the delay in adjusting his salary to the definitive global scale under the Public Employment Framework Law. The petitioner alleged that since September 2023 he had filed an administrative claim without a timely response, despite multiple follow-ups. The Chamber holds that the matter is one of ordinary legality — determining whether the Administration complies with statutory deadlines to resolve procedures — and that, since the entry into force of the Contentious-Administrative Procedure Code (Law No. 8508), the contentious-administrative jurisdiction provides swift and adequate mechanisms to protect substantive legal situations with an indirect link to fundamental rights. It invokes its settled case law since 2008, which refers claims of violation of the right to prompt and complete administrative justice to the contentious-administrative courts, with exceptions not present here. Judge Cruz Castro dissents, considering that administrative delay infringes a fundamental procedural guarantee that the Chamber should protect under Article 41 of the Constitution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217315.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217315", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217315" }, { "id": "nexus-sen-1-0007-1217328", "citation": "Res. 05684-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal obligation to notify resolution of complaint about dangerous tree on public road", "title_es": "Obligación municipal de notificar resolución de denuncia sobre árbol peligroso en vía pública", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a resident of Zarcero who reported to the Municipality a diseased cypress tree with exposed roots located within the public right-of-way, posing an imminent danger to her family and passersby. Although the Municipality inspected the site the next day and eventually cut down the tree after being notified of the amparo, it failed to inform the claimant of the final resolution of her complaint. The Chamber held that while the risk was addressed by removing the tree, the lack of notification violated the claimant's fundamental right to a timely and complete response to her petition under Article 41 of the Constitution. Consequently, the Chamber granted the amparo, ordering the mayor to notify the protected party of the definitive outcome within three days, with a warning of criminal penalties for non-compliance, and imposing costs against the Municipality.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217328.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217328", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217328" }, { "id": "nexus-sen-1-0007-1217376", "citation": "Res. 05606-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of LESCO interpreter during firefighter response", "title_es": "Amparo por falta de intérprete LESCO en atención de bomberos", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a hearing-impaired person who claimed that the Guápiles firefighters lacked a LESCO interpreter when responding to a bee incident at his home, preventing adequate communication. The claimant alleged he had been attacked by wasps the previous day and that firefighters refused to remove the hive, stating it was not within their jurisdiction. During proceedings, it was established that the person who called the firefighters was a neighbor, not the claimant, and that no LESCO interpreter was requested. The firefighters confirmed the bees were passive, posed no emergency, and advised contacting SENASA or a beekeeper, in accordance with Law 9929. The Chamber held that the firefighters' actions were lawful, not arbitrary or violative of fundamental rights, and dismissed the amparo, noting the claimant's frustration stemmed from the refusal to remove the hive when no emergency existed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217376.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217376", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217376" }, { "id": "nexus-sen-1-0007-1217377", "citation": "Res. 05628-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Mora Municipality must resolve felling of risky mango tree", "title_es": "Municipalidad de Mora debe resolver talado de árbol de mango en riesgo", "summary_en": "The Constitutional Chamber heard an amparo filed by a resident of Ciudad Colón against the Municipality of Mora for its failure to definitively resolve the situation of a mango tree approximately 30 meters tall located on a public road, 5 meters from her property. The tree's progressive deterioration and branch breakage had caused damage to her home in January 2024. The petitioner alleged she had reported the risk since 2016 without receiving effective action. The Chamber held that, although the municipality conducted inspections and initiated a public procurement for the tree's removal, it only acted after being notified of the amparo and failed to guarantee a definitive solution within a certain timeframe, thereby violating the right to prompt and complete administrative justice. The case qualified as an exception to the general rule requiring referral to the contentious-administrative jurisdiction due to the risk to personal safety. The appeal was granted, ordering municipal authorities to coordinate and take all necessary measures to definitively resolve the issue within fifteen days, under warning of the sanctions provided in Article 71 of the Constitutional Jurisdiction Law. The claim for damages was dismissed in this forum, leaving the petitioner to pursue it through the appropriate legal channels.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217377.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217377", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217377" }, { "id": "nexus-sen-1-0007-1217396", "citation": "Res. 05641-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for Information on Expired Agrochemical Management — Late Response", "title_es": "Solicitud de información sobre gestión de agroquímicos vencidos — respuesta tardía", "summary_en": "The Constitutional Chamber grants an amparo petition filed by Jaime Enrique de la Trinidad García González against the Ministry of Health for violating the right of petition and access to information. The petitioner, a citizen, had requested detailed information from the head of the Environmental Health Unit regarding the supervision of authorized managers of expired agrochemical waste and the annual quantities disposed of and exported between 2015 and 2023. The request, sent on January 22, 2024, to an unofficial email address, was answered on February 14, 2024, but after the amparo had been notified to the authority on February 13, 2024. The Chamber finds the response untimely because the authority acknowledged the request but only responded after being notified of the amparo. The petition is granted without an award of costs, damages, or prejudice, although two judges partially dissent on this point, arguing for the award of damages or costs. The decision reinforces the administration's duty to respond promptly to citizen requests, even when sent to unofficial channels, if the official becomes aware of and acknowledges the request.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217396.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217396", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217396" }, { "id": "nexus-sen-1-0007-1217404", "citation": "Res. 05590-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Potable water contamination with xylene in Goicoechea and duties of AyA and Municipality", "title_es": "Contaminación de agua potable con xileno en Goicoechea y deberes de AyA y Municipalidad", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of Montelimar, Guadalupe, against the Municipality of Goicoechea and the Costa Rican Institute of Aqueducts and Sewers (AyA) for the interruption of potable water service due to xylene contamination since January 2024. The complainants allege lack of continuous supply, insufficient water tankers, and omission of a municipal contingency plan. The Chamber analyzes the legal competencies of both institutions and the proven facts: AyA preventively suspended the service, activated emergency protocols, coordinated with the Ministry of Health, and distributed water by tankers; the Municipality informed the community, arranged meetings with authorities, and supported logistics. The Chamber concludes that both entities acted within their possibilities and competencies, without violating fundamental rights, and that the service had already been restored at the time of filing. The amparo is denied.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "01/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217404.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217404", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217404" }, { "id": "nexus-sen-1-0007-1217424", "citation": "Res. 05456-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with ruling on municipal park slope stabilization", "title_es": "Incumplimiento de sentencia por estabilización de talud en parque municipal", "summary_en": "The Constitutional Chamber dismisses a non-compliance motion filed by the petitioner against the Municipality of Moravia. The previous ruling (2023-17842) ordered the municipality to address a complaint about landslides and cracking on municipal land adjacent to the petitioner's property and to keep her informed. The petitioner alleged non-compliance, but the municipality demonstrated it had demolished illegal structures, fenced the land, and conducted topographic and slope stability studies. Moreover, a new landslide occurred on November 5, 2023, on neighboring private lands, and the contracted company (TERRATEC) recommended not yet carrying out stabilization works on the municipal park until the owners of those lands first completed their own stabilization, to avoid risks from machinery vibrations. The Chamber found that technical reasons justified the delay, that the petitioner had been kept informed, and therefore no disobedience occurred.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217424.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217424", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217424" }, { "id": "nexus-sen-1-0007-1217428", "citation": "Res. 05470-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance claim on sanitary orders at Quebrada Barreal", "title_es": "Gestión de desobediencia sobre órdenes sanitarias en la Quebrada Barreal", "summary_en": "The Constitutional Chamber dismisses a non-compliance claim filed by Moravia residents against the Ministry of Health and the municipalities of Moravia and Goicoechea. The applicants alleged failure to comply with judgment 2023-031791, which ordered the creation of an interinstitutional committee to address issues of noise pollution, environmental contamination, encroachment on protection areas, and erosion along the Quebrada Barreal. The Chamber finds that the respondent authorities did create the committee, submitted a work plan and a timeline, thus fulfilling the order. Regarding the complaint about the non-application of sanctions for breaching a noise-related sanitary order, the Court deems the claim an exhortation and not a justiciable petition, thus falling outside its jurisdiction. The Chamber finds no violation of fundamental rights and dismisses the claim.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217428.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217428", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217428" }, { "id": "nexus-sen-1-0007-1217430", "citation": "Res. 05476-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of Amparo for Flooding in Puerto Viejo Inadmissible", "title_es": "Reiteración de amparo por inundaciones en Puerto Viejo es improcedente", "summary_en": "The Constitutional Chamber denied an amparo action filed by Kurt Eugene Van Dyke against the Municipality of Talamanca, as it constituted a mere reiteration of claims already decided in Judgment No. 2024-001139. The petitioner alleged that his hotel in Puerto Viejo suffered flooding from rainwater and sewage due to the illegal closure of a culvert by a neighbor, and that the municipality had failed to solve the problem despite numerous requests. The Chamber noted that it had already ruled on the same facts, finding that the Ministry of Health had issued a sanitary order against the municipality requiring the construction of a formal stormwater drainage system, with a deadline of May 2024. It was also shown that the local government was working on a solution and that the petitioner himself was required to connect his sewage to the treatment plant. As there were no new elements or changes in circumstances, the Chamber ordered the petitioner to abide by the prior ruling.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217430.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217430", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217430" }, { "id": "nexus-sen-1-0007-1217433", "citation": "Res. 05499-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo Against SETENA Environmental Feasibility", "title_es": "Inadmisibilidad de amparo contra viabilidad ambiental de SETENA", "summary_en": "The Constitutional Court declares inadmissible the amparo action filed against the environmental feasibility granted by SETENA for the León Cortés Waste-to-Energy project. The petitioner claims violation of the right to water, health, and a healthy environment, citing inconsistencies in the project's location and risks of contamination to water sources in the Cerro Abejonal area, including springs supplying several communities. The Court, however, finds that the claim concerns ordinary legality review of the SETENA resolution, not a constitutional issue. It reiterates that the constitutional jurisdiction is not a legality controller nor can it substitute the Administration in the exercise of its powers. Therefore, it summarily rejects the action, directing the petitioner to pursue administrative or ordinary judicial channels to discuss the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law", "environmental-law-7554" ], "date": "01/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217433.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217433", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217433" }, { "id": "nexus-sen-1-0007-1217465", "citation": "Res. 05973-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Avocado planting in El Chayote protected zone without environmental viability", "title_es": "Siembra de aguacate en zona protectora El Chayote sin viabilidad ambiental", "summary_en": "The Constitutional Chamber hears a petition for amparo filed by lawmakers on behalf of the Los Robles rural water board against the Municipality of Naranjo, SETENA, SENARA, SINAC, and Agrícola Pascale S.A., concerning avocado farming in the El Chayote Protected Zone, an aquifer recharge area supplying the canton. The petitioners claim a violation of the right to a healthy environment due to unpermitted earthworks, encroachment on spring protection zones, deforestation, and agrochemical use. The Chamber dismisses the petition, finding that the Municipality shut down works, SINAC conducted inspections and referred the case to the prosecutor, and SETENA imposed a precautionary suspension. Authorities are admonished to uphold the preventive and precautionary principles. A dissenting vote argues the matter should have been rejected as one of ordinary legality.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "water-law" ], "date": "05/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217465.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217465", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217465" }, { "id": "nexus-sen-1-0007-1217481", "citation": "Res. 06032-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo inadmissible due to lis pendens", "title_es": "Amparo inadmisible por litispendencia", "summary_en": "The petitioner, a resident of Miramar de Montes de Oro, filed this amparo against the Municipality of Montes de Oro due to the threat of a construction permit being issued for a second landfill in the canton, backed by a SETENA environmental viability that is not yet final. The Constitutional Chamber rejects the petition outright as manifestly inadmissible, since the same facts and grievances are already being examined in case file 24-004867-0007-CO, filed by the same petitioner. Admitting a new petition on the same facts would risk conflicting rulings and cause unnecessary delay in the processing of the first petition, to the detriment of the petitioner herself. Consequently, the file is ordered closed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217481.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217481", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217481" }, { "id": "nexus-sen-1-0007-1217822", "citation": "Res. 06185-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of deadline extension to CONAVI for noncompliance with ruling on Route 304", "title_es": "Denegatoria de ampliación de plazo a CONAVI por incumplimiento de sentencia sobre ruta 304", "summary_en": "The Constitutional Chamber denies the extension of the deadline requested by the Executive Director of CONAVI to comply with ruling No. 2020-002416 of February 7, 2020, which ordered coordination among MOPT, CONAVI, and the Municipality of Desamparados to provide National Route 304, in the stretch from the Ebais of El Llano to Bar Que Toque, with road alignment, adequate stormwater drainage, and sidewalks. The Chamber finds that the activity schedule does not specify the completion date of the works, and that a prior extension and a finding of noncompliance already exist. Moreover, four years have elapsed without the works being even defined and scheduled. The lack of inter-institutional coordination and unjustified delay violate the fundamental rights of the residents; therefore, the request is denied and the duty to comply with the order is reaffirmed.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "06/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217822.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217822", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217822" }, { "id": "nexus-sen-1-0007-1217823", "citation": "Res. 06188-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Compliance with ruling on visitor cap in Manuel Antonio National Park", "title_es": "Cumplimiento de sentencia sobre aforo en Parque Nacional Manuel Antonio", "summary_en": "This ruling addresses a non-compliance claim filed by Luis Diego Marín Schumacher, alleging that SINAC and the administration of Manuel Antonio National Park (PNMA) violated Constitutional Court ruling 2023011233 of 2023. That ruling ordered the daily visitation to be reduced to the carrying capacity of 1120, calculated per the December 2022 flow model, after finding that the increase to 3000 daily visitors lacked technical support and endangered park ecosystems. The claimant argues that authorities nevertheless raised the cap first to 1526 and then to 1806, relying on a later office memo (R-CI-PNMA) rather than proper scientific studies. The Court declines to treat this as a non-compliance proceeding; instead, it orders the petition to be separated and processed as a new matter, since the facts occurred after the original ruling and constitute a fresh dispute.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1217823.json", "html_url": "/legal/doc/nexus-sen-1-0007-1217823", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1217823" }, { "id": "nexus-sen-1-0007-1218644", "citation": "Res. 06366-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Environmental Administrative Tribunal for delay in resolving complaint", "title_es": "Amparo contra el Tribunal Ambiental Administrativo por mora en resolver denuncia", "summary_en": "The Constitutional Chamber reviews an amparo filed by a citizen against the Environmental Administrative Tribunal (TAA), alleging failure to resolve an environmental complaint lodged on January 19, 2023, regarding illegal occupation of the maritime-terrestrial zone in Puerto Viejo de Talamanca. The complainant cited commercial stalls (“chinamos”) blocking beach access, causing insecurity and environmental harm. While the amparo was pending, the TAA issued a decision declaring lack of jurisdiction and remitting the case to the Municipality of Talamanca. The Chamber finds that the decision was rendered more than one year after the complaint, constituting administrative delay, and grants the amparo for violation of the right to a prompt resolution (Article 41 of the Political Constitution), without issuing further orders as the main claim was satisfied, and without awarding costs or damages. The judgment includes dissenting opinions discussing the appropriateness of such awards.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218644.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218644", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218644" }, { "id": "nexus-sen-1-0007-1218645", "citation": "Res. 06276-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo appeal for bridge over Quebrada Sardinal in Lourdes de Parrita", "title_es": "Amparo por puente sobre Quebrada Sardinal en Lourdes de Parrita", "summary_en": "The Constitutional Chamber reviewed an amparo appeal filed by a resident of Lourdes de Parrita against the Municipality of Parrita. The appellant reported that since January 2022, he had requested intervention on the bridge over the Sardinal creek, which was nearly destroyed and posed a risk to residents' safety. The Municipal Road Management Unit conducted an inspection in April 2022 and concluded the superstructure needed complete replacement and the substructure required a structural study. Although funds were budgeted in 2023 for preliminary studies, by October 2023, no contracts had been initiated. The Chamber found a violation of fundamental rights, as the municipality was fully aware of the risk and about two years had passed without a definitive solution. It granted the amparo and ordered the municipality to conduct a study within one month, execute the repairs within six months, and carry out periodic maintenance, with a warning of criminal liability. Judge Garro Vargas dissented, arguing the case should have been brought before the administrative court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218645.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218645", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218645" }, { "id": "nexus-sen-1-0007-1218647", "citation": "Res. 06259-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "La Gacela Residents vs. Tibás Municipality and AyA for Inaction on Rivera Creek Landslide Risk", "title_es": "Vecinos de La Gacela contra Municipalidad de Tibás y AyA por inacción ante riesgo de deslizamientos en quebrada Rivera", "summary_en": "Residents of La Gacela neighborhood in Llorente de Tibás filed an amparo against the Tibás Municipality, the Costa Rican Institute of Aqueducts and Sewers (AyA), the National Emergency Commission (CNE), and the Ministry of Health, alleging violation of the right to a prompt and effective administrative procedure, as well as to life and physical integrity, due to landslide risks along the Rivera Creek. The Constitutional Chamber found that the municipality had known of the problem since 2011 and AyA since 2022, yet despite multiple technical reports, failed tenders, and CNE recommendations, no stabilization works had been carried out. It considered the more than ten-year delay disproportionate. It partially granted the amparo against the Municipality and AyA, ordering them to coordinate and execute within twelve months the necessary contracts and works to protect the residents, including a retaining wall with tie-backs and bank stabilization. It denied the claim against the Ministry of Health and CNE, as their direct intervention had not been sought. Justice Garro Vargas issued a partial dissent on the execution phase, referring it to the contentious-administrative jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218647.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218647", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218647" }, { "id": "nexus-sen-1-0007-1218654", "citation": "Res. 06271-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Clorotalonil contamination in Cipreses springs: amparo denied and product ban in place", "title_es": "Contaminación por clorotalonil en nacientes de Cipreses: recurso sin lugar y prohibición del producto", "summary_en": "The Constitutional Chamber reviews an amparo filed by a resident of La Puente, Paraíso, Cartago, against the Ministry of Health, concerning contamination from chlorothalonil metabolites in the Plantón and Carlos Calvo springs supplying the Cipreses de Oreamuno ASADA. The plaintiff alleges violations of the rights to health, life, and a healthy environment, arguing that contaminated water is still used and that alternative supply via tanker trucks is insufficient, along with water rationing. The Court denies the amparo. Regarding the ban on chlorothalonil, it notes that Executive Decree 44280-S, published on November 30, 2023, prohibited its use in Costa Rica, rendering this complaint moot. On the tanker insufficiency and rationing, the Court finds that the plaintiff failed to provide precise evidence of a rights violation, given the detailed actions by authorities (health orders, monitoring, alternative supply). It refers to the previous ruling 2023-013384, which ordered implementation of the 'Technical Report on Chlorothalonil' recommendations and ensured safe drinking water supply.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218654.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218654", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218654" }, { "id": "nexus-sen-1-0007-1218694", "citation": "Res. 06306-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber denies amparo on joining as party in tree-cutting permit proceeding", "title_es": "Sala Constitucional deniega amparo sobre incorporación como parte en expediente de corta de árboles", "summary_en": "The Constitutional Chamber dismissed an amparo action filed against SINAC. The plaintiff asked to suspend all tree-cutting permits on a property where a condominium was planned in an area previously classified as forest. He also claimed that SINAC denied him the right to be a party in the administrative file, violating his rights to public participation and access to environmental justice. The court found that the plaintiff only requested the suspension of permits, without expressly requesting formal incorporation as a party in the cutting procedure. SINAC responded in a timely manner, stating that no permit had been granted and that the file was under appeal. The Chamber concluded that no fundamental rights were violated because the request was addressed, and after the response, the plaintiff did not formally ask to be considered a party. The final SINAC decision accepted the withdrawal of the appeal filed by the original applicant, without any cutting authorization ever being issued.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218694.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218694", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218694" }, { "id": "nexus-sen-1-0007-1218703", "citation": "Res. 06353-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo for construction without permits", "title_es": "Amparo prematuro por construcción sin permisos", "summary_en": "The Constitutional Chamber flatly rejects an amparo petition filed against the Municipality of Carrillo for failing to inspect and shut down the “SeaScape” project, a condo tower in Playas del Coco, Guanacaste. The petitioner claimed the project lacked building permits and environmental viability, and that her requests from December 18, 2023, reiterated on January 9 and 19, 2024, went unanswered. The Chamber notes that while it may assess delays in environmental matters, in this case only about a month had passed since the first request when the amparo was filed (January 25, 2024). The general two-month deadline under Article 261 of the General Public Administration Law applies, and thus the claim is premature.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218703.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218703", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218703" }, { "id": "nexus-sen-1-0007-1218707", "citation": "Res. 06377-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative Delay in Scarlet Macaw Breeding Facility Permit", "title_es": "Dilación administrativa en permiso de zoo criadero de lapas rojas", "summary_en": "The Constitutional Chamber hears an amparo filed by MACAW CONSERVATION SOCIEDAD CIVIL against the Ministry of Environment and Energy for failing to issue a final decision on an application to establish a non-commercial scarlet macaw (Ara macao) breeding facility. The petition was submitted on June 21, 2023, to the Osa Conservation Area (ACOSA). The petitioner demonstrated that the authority acknowledged receipt, requested corrections, and received them, but forwarded the application to the Tempisque Conservation Area (ACT) because the proposed release site is located there. ACT requested a 30-day extension under the in dubio pro natura principle. By the time the amparo was filed, no final decision had been issued. The Chamber grants the amparo, finding an undue delay in resolving the administrative procedure and holding that the Administration cannot transfer the consequences of its own organizational shortcomings to the petitioner, thereby violating the right to prompt and effective administrative justice.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218707.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218707", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218707" }, { "id": "nexus-sen-1-0007-1218771", "citation": "Res. 06255-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Compliance with Sanitary Order at Santa Cristina School Without Deadline Extension", "title_es": "Cumplimiento de orden sanitaria en Escuela Santa Cristina sin ampliación de plazo", "summary_en": "The Constitutional Chamber resolves a submission by the Ministry of Public Education (MEP) and the Turrialba Health Area concerning compliance with ruling 2023-001061, which ordered the execution of sanitary order No. 145-2017 at the Santa Cristina School in La Suiza. The MEP requested a 19-month extension to complete the required infrastructure works, presenting a detailed schedule from January 2024 to July 2025. The Ministry of Health, after technical inspections, endorsed the MEP's proposed deadlines as justified. The Chamber denies the requested extension, noting that the authority to modify sanitary order deadlines rests with the Ministry of Health, not the Court. It orders the submitted documents to be added to the case file and its archiving reserved until full compliance with the sanitary measures is certified. It also instructs MEP and Ministry of Health authorities to coordinate to preserve the safety and integrity of the educational community during the works.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218771.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218771", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218771" }, { "id": "nexus-sen-1-0007-1218773", "citation": "Res. 06258-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noncompliance with Health Order for Uninhabitable Property", "title_es": "Desobediencia por incumplimiento de orden sanitaria sobre inmueble insalubre", "summary_en": "The Constitutional Court reviews a noncompliance claim filed by a neighbor against the Municipality of San José and the Southeastern Metropolitan Health Authority for failing to enforce Ruling No. 2023-015607. That ruling ordered both agencies to coordinate and fulfill Health Order MSDRRSCS-DARSSEM-920-2022, which required perimeter fencing, cleaning, and waste removal at an abandoned property occupied by homeless individuals and used for drug consumption, creating health and safety hazards. Although a welded-mesh fence was initially installed and the site cleaned, the fence was later stolen. The Municipality cited budget constraints and disputed its authority, arguing the Ministry of Health should order demolition. The Health Authority issued a new order, but by January 2024 the fence had not been replaced. The Court finds the order has not been fully executed, upholds the noncompliance claim, reiterates the duty to fulfill the original ruling, and warns of potential criminal and administrative consequences for continued noncompliance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218773.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218773", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218773" }, { "id": "nexus-sen-1-0007-1218776", "citation": "Res. 06272-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo regarding felines at La Marina Zoo", "title_es": "Amparo sobre felinos en el Zoológico La Marina", "summary_en": "The Constitutional Chamber dismisses the amparo filed by individuals on behalf of four felines held at La Marina Zoo in San Carlos. The claimants argued that the enclosures violated the right to a healthy environment and sought relocation to a sanctuary. The Court found the zoo holds proper SINAC permits, is implementing an improvement plan, and that the animals' conditions are adequate per responsible professionals. The amparo is denied; technical matters are beyond summary proceedings and belong in ordinary jurisdiction. Justices Salazar and Garro added separate grounds for dismissal.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218776.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218776", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218776" }, { "id": "nexus-sen-1-0007-1218791", "citation": "Res. 06309-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to Education and Locative Capacity at Quepos Technical High School", "title_es": "Acceso a la educación y capacidad locativa en el CTP de Quepos", "summary_en": "The Constitutional Chamber denies the amparo appeal filed by a student against the Ministry of Public Education. The petitioner claimed lack of response to an information request regarding admission criteria, infrastructure problems, insufficient locative capacity, opening of technical specialties, and student elections at the Quepos Technical High School. The Chamber found that the administration responded to all requests within ten business days, before the appeal notification, so there was no violation of fundamental rights. Regarding locative capacity, the Chamber reiterates its case law: the right to education does not guarantee admission to the preferred school, but effective access to the educational system. It confirmed that authorities took steps to expand coverage, including requests for mobile classrooms, inter-institutional coordination, and student transportation proposals. The Chamber declines to intervene in technical decisions on academic offerings and considers the claim about future elections premature, as the administration reported they would be held in accordance with current regulations, without preventing participation of evening-section students.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218791.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218791", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218791" }, { "id": "nexus-sen-1-0007-1218799", "citation": "Res. 06391-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal works sealing neighbor wastewater outlets in park do not violate fundamental rights", "title_es": "Obras municipales en parque no lesionan derechos al sellar salidas de aguas residuales de vecinos", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by property owners adjacent to the El Progreso neighborhood children’s park in Alajuelita. They claimed that municipal stormwater drainage works —ditches, fill, and sealing— blocked pipes that for decades had channeled rainwater and wastewater into the park, causing flooding in their homes. The Chamber found it proven that the neighbors lacked a proper drainage and wastewater treatment system and had been illegally discharging such waters into the public park, creating a source of contamination and a health risk. The Municipality, far from acting arbitrarily, intervened to eliminate that contamination hotspot and protect park users’ health, with the general interest prevailing over the petitioners’ private interests. The municipal authorities are ordered to continue taking necessary actions to safeguard local interests, including filing criminal complaints or reports with the Ministry of Health. Judge Salazar Alvarado filed a separate note, stressing that the impact on health and the right to a healthy environment justified hearing the merits, even though in environmental matters he considers the contentious-administrative jurisdiction competent.", "primary_topic_id": null, "topic_ids": [], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218799.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218799", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218799" }, { "id": "nexus-sen-1-0007-1218801", "citation": "Res. 06402-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal silence on demolition information requests", "title_es": "Silencio municipal ante solicitudes de información sobre demolición", "summary_en": "The Constitutional Chamber reviewed an amparo action filed against the Municipality of Desamparados for failing to fully respond to information requests related to a demolition order for an old restaurant. The petitioner sought copies of the court order, technical safety reports, neighbor protection measures, waste disposal documents, and more. The municipality partially answered the first request but did not respond to the second one submitted on November 20, 2023. During the amparo proceedings, the municipality issued official letter SM-TE-054-2024 on February 28, 2024, addressing all pending queries. The Chamber granted the amparo due to violations of the rights to petition, timely response, and access to public information, but without awarding costs or damages, as the belated response was issued while the case was pending. The decision was reached by majority, with two dissenting votes arguing for the award of damages and costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218801.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218801", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218801" }, { "id": "nexus-sen-1-0007-1218948", "citation": "Res. 06999-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance in amparo for right to water and order for immediate compliance", "title_es": "Incumplimiento en amparo por derecho al agua y orden de cumplimiento inmediato", "summary_en": "The Constitutional Court resolves a non-compliance claim filed by a petitioner against the Costa Rican Institute of Aqueducts and Sewers (AyA), following repeated failures to comply with a 2018 ruling that ordered the guarantee of a continuous water supply, even if by temporary means, for his home in the community of Berlín. Despite progress on a comprehensive supply project involving AyA and INDER, the Court verifies that the deadline granted in December 2022 expired on December 30, 2023, without having achieved the definitive provision of the service. A new request for an extension of time is rejected, as it was considered the last opportunity granted, and the non-compliance claim is upheld. The order to immediately comply with the previous rulings is reiterated, and the responsible officials are warned of the legal consequences foreseen in articles 71 and 53 of the Constitutional Jurisdiction Law, which include imprisonment, fines, and the initiation of disciplinary and criminal proceedings. The Court emphasizes that disobedience violates the petitioner's fundamental rights.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "13/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1218948.json", "html_url": "/legal/doc/nexus-sen-1-0007-1218948", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1218948" }, { "id": "nexus-sen-1-0007-1220259", "citation": "Res. 07186-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Municipality of Nandayure for lack of water chlorination and garbage collection", "title_es": "Amparo contra Municipalidad de Nandayure por falta de cloración del agua y recolección de basura", "summary_en": "The Constitutional Chamber hears an amparo filed by a resident of Nandayure against the municipality, alleging lack of drinking water disinfection since December 2023 and suspension of solid waste collection, endangering public health. The municipality acknowledges the problems and proves that, after health orders from the Ministry of Health, it took corrective measures: approved the purchase of chlorine and resumed tablet chlorination, and temporarily contracted a garbage truck, restoring service on February 23, 2024. However, the Chamber grants the amparo due to violation of the rights to health and a healthy environment, as solutions were partial or arose during the proceedings. It orders municipal authorities to ensure water service quality and continuity, and warns them of their legal duty to ensure waste collection. The majority exempts from costs and damages, with a partial dissent ordering such condemnation.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "15/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220259.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220259", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220259" }, { "id": "nexus-sen-1-0007-1220262", "citation": "Res. 07061-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for river material extraction without environmental impact assessment under emergency decree", "title_es": "Amparo por extracción de material en ríos sin evaluación de impacto ambiental bajo decreto de emergencia", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Santa Cruz and the Ministry of Public Works and Transport for the extraction and movement of material from the Diría and En medio rivers without environmental impact studies. The petitioner alleges violation of the right to a healthy and ecologically balanced environment, invoking the in dubio pro natura and precautionary principles. The Chamber finds that the project is covered by emergency decrees for Hurricanes Nate and Eta and by the National Emergency Law 8488, and therefore does not require environmental viability from SETENA. It also notes that the petitioner did not file a prior complaint with SETENA or the respondent authorities, a requirement under constitutional case law. A municipal inspection found no significant environmental damage. The petition is denied, with a warning to authorities to conduct the works within established limits without harming the environment. Magistrate Salazar Alvarado issues a separate opinion stating that the case should have been dismissed outright as it belongs to the ordinary jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "15/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220262.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220262", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220262" }, { "id": "nexus-sen-1-0007-1220452", "citation": "Res. 07066-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unformalized noise complaint does not support amparo", "title_es": "Denuncia por contaminación sónica sin formalizar no admite amparo", "summary_en": "The Constitutional Chamber hears an amparo action filed by a resident of Pérez Zeledón against the Municipality and the Ministry of Health, alleging failure to address noise pollution complaints from the commercial establishment “El Rancho”. The complainant submitted writings to both entities on October 31, 2022, without using the official forms required by the Ministry of Health. The Municipality conducted an inspection and reported that the premises held valid municipal permits. The Health Department responded the same day, indicating that to process a formal complaint, it was necessary to meet the admissibility criteria of Protocol MS.NI.SLA.07.P.06, complete the Unified Form, and attach the corresponding annexes, which were provided to the complainant on two occasions, but he refused to use them. The Chamber dismisses the amparo, finding no violation of fundamental rights: the Municipality timely addressed the complaint, and regarding the Ministry of Health, the complainant failed to formalize the complaint in accordance with established procedures, and the Chamber cannot substitute the Administration in exercising its powers. Separate notes are added by Justices Castillo Víquez and Salazar Alvarado on the Chamber's jurisdiction over administrative justice and the admissibility of amparo in environmental matters when rights such as health and a healthy environment are at stake.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "15/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220452.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220452", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220452" }, { "id": "nexus-sen-1-0007-1220472", "citation": "Res. 07173-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal due to repetition of wastewater claims", "title_es": "Improcedencia por reiteración de reclamos sobre aguas residuales", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of the Chorotega neighborhood in Cañas, who claim repeated flooding due to overflow of the municipal stormwater drainage system, worsened by an obstruction caused by a sewer pipe installed by AYA. The Chamber verifies that, through ruling 2022023977 of 2022, it had already granted a prior amparo on the same wastewater problem in the Cañas canton, ordering the Municipality, AYA, and the Ministry of Health to resolve the matter definitively and comprehensively within 36 months. Since the deadline is still in effect and the Chorotega neighborhood is among the beneficiary communities, the court considers the new claim to be a mere repetition of what has already been resolved and therefore orders adherence to that prior ruling, without issuing a new decision on the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220472.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220472", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220472" }, { "id": "nexus-sen-1-0007-1220522", "citation": "Res. 07463-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo for lack of sanitary sewer system", "title_es": "Amparo prematuro por falta de alcantarillado sanitario", "summary_en": "The Constitutional Chamber declares inadmissible the amparo filed by residents of the Palo Campano urbanization in Alajuelita against AyA and the Municipality. The plaintiffs claim their homes lack sanitary and storm sewer systems, causing stagnation of blackwater, foul odors, pests, and pollution of streams, violating their right to a healthy environment. The Chamber holds that it should not substitute active administrative bodies or process complaints in the first instance. Regarding AyA, though a complaint was filed on February 29, 2024, the amparo is premature because a reasonable period for institutional action has not elapsed. Regarding the Municipality, the petitioner did not prove having filed any complaint. Since no unlawful omission by the authorities can be established, the amparo is flatly rejected.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "15/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220522.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220522", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220522" }, { "id": "nexus-sen-1-0007-1220546", "citation": "Res. 07523-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental complaint over abandoned lot in Hatillo", "title_es": "Denuncia ambiental contra lote abandonado en Hatillo", "summary_en": "The Constitutional Chamber flatly rejects, as premature, an amparo filed by the president of the Condominio Oasis de San José neighborhood association against the Ministry of Health and the Municipality of San José. The petitioner had reported an abandoned lot (former Cen-Cinai) in Hatillo, Sagrada Familia, which had become a shelter for homeless people and a source of rats and mosquitoes, affecting the adjacent condominium and community. The environmental complaint was submitted on February 6, 2024, but by the time the amparo was filed (March 11, 2024), the respondent authorities were still within the general two-month period established by Article 261 of the General Public Administration Act to resolve and notify. The Chamber recalls its case law on referral to the administrative contentious jurisdiction in cases of procedural delay, but in this instance, given the environmental and health implications, it finds the action premature, as no violation of fundamental rights for lack of response had yet occurred.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "15/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220546.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220546", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220546" }, { "id": "nexus-sen-1-0007-1220554", "citation": "Res. 07541-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature inadmissibility of environmental amparo for collapsed road and blackwater contamination in San Antonio de Barranca", "title_es": "Inadmisibilidad por prematuro de amparo ambiental por camino desplomado y contaminación de aguas negras en San Antonio de Barranca", "summary_en": "The Constitutional Chamber summarily dismissed an amparo petition filed by residents of San Antonio de Barranca de Naranjo against the Municipality of Naranjo and the Ministry of Health. The petitioners claimed failure to respond to a complaint about a collapsed public road, life-threatening risk, and contamination of the Barranca River by blackwater, affecting properties and the river's forest reserve. The complaint had been filed on February 8, 2024. The Chamber held the amparo was premature because the two-month period under Article 261 of the General Public Administration Law for the administration to issue a final decision had not yet elapsed. Although the matter could relate to fundamental rights such as a healthy environment and health, no excessive or unreasonable delay was demonstrated. The amparo was declared inadmissible, without prejudice to the petitioners' right to refile if, after the legal deadline, the authorities remained inactive.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "15/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220554.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220554", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220554" }, { "id": "nexus-sen-1-0007-1220566", "citation": "Res. 07579-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sewer overflow with untreated water and municipal response deadline", "title_es": "Desbordamiento de alcantarilla con aguas servidas y plazo de respuesta municipal", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a Desamparados resident who complained about a sewer overflow with untreated water in front of his house, causing foul odors and endangering his health and right to a healthy environment. The petitioner claimed he filed the complaint with the Municipality of Desamparados on January 24, 2024, and had not received a response by the time he filed the amparo on February 5. The Chamber held that, although this was an environmental complaint involving fundamental rights, the amparo was premature because the municipal authority was still within the two-month period established by Article 261 of the General Public Administration Law to resolve the matter. Consequently, the Chamber dismissed the amparo outright as inadmissible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220566.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220566", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220566" }, { "id": "nexus-sen-1-0007-1220581", "citation": "Res. 07714-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo inadmissibility for salary component claims", "title_es": "Improcedencia del amparo en reclamos sobre componentes salariales", "summary_en": "The Constitutional Chamber declares inadmissible the amparo filed by a SINAC employee seeking retroactive payment of a 10% portion of the \"zonaje\" incentive that was reduced since 2013. The petitioner argues that, despite working in protected areas and being entitled to 100% of the incentive under Decree 35622-MINAET, he has only received 90%, and the administration has acknowledged his right without making the payment. Applying its precedent 2023001081, the Chamber finds that the dispute concerns not the complete omission of wages — which is cognizable in amparo — but rather the entitlement to and amount of a specific wage component, which requires evidentiary analysis suited to an ordinary plenary proceeding. It therefore flatly rejects the amparo and directs the petitioner to the appropriate administrative or judicial channels.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220581.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220581", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220581" }, { "id": "nexus-sen-1-0007-1220612", "citation": "Res. 07851-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo appeal on public services in Isla Caballo: electricity, internet, drinking water, cabotage and solid waste management", "title_es": "Recurso de amparo sobre servicios públicos en Isla Caballo: electricidad, internet, agua potable, cabotaje y gestión de residuos sólidos", "summary_en": "The Constitutional Chamber reviews an amparo filed by residents of Isla Caballo, an island community in the Gulf of Nicoya, Puntarenas. The petitioners claim a lack of or deficiencies in several basic public services: drinking water, electricity, internet, public maritime transport (cabotage), and solid waste collection. The Chamber examines each claim in light of the actions and omissions of the respondent entities: the Costa Rican Electricity Institute (ICE), the Costa Rican Institute of Aqueducts and Sewers (AyA), the Municipality of Puntarenas, the Ministry of Public Works and Transport (MOPT), the Regulatory Authority for Public Services (ARESEP), the Superintendency of Telecommunications (SUTEL), and the Ministry of Health. The Chamber partially grants the appeal only with respect to the Municipality of Puntarenas' failure to provide solid waste collection, ordering immediate and progressive measures for its implementation. The remaining claims (electricity, internet, cabotage, drinking water, and sanitary sewerage) are dismissed, either because the service is shown to be provided (albeit limited), because efforts are underway, because no formal request was made to the competent authority, or because the situation was already resolved in a prior amparo (drinking water) and any non-compliance must be claimed in that proceeding. The Chamber emphasizes the administration's obligation to provide public services continuously, regularly, effectively, and efficiently, especially when the right to a healthy environment and health are at stake.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220612.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220612", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220612" }, { "id": "nexus-sen-1-0007-1220671", "citation": "Res. 07745-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Court Denies Request to Expand Enforcement Orders in Nitrate Water Contamination Case", "title_es": "Improcedencia de gestión de aclaración y adición sobre cumplimiento en caso de contaminación de agua por nitratos", "summary_en": "The Constitutional Chamber resolves a subsequent motion filed by the new president of the ASADA Residencial El Molino, who requested to complement previous rulings that ordered the supply of potable water through a new well and the temporary dilution of nitrate-contaminated water. The ASADA asked the court to authorize the Banco de Costa Rica to donate land, instruct AyA to approve the well drilling, and order the Municipality of Cartago to bill the dilution water with a bulk sale tariff. The Chamber declares all requests inadmissible, arguing that they exceed its competence in the amparo procedure. It states that it is not its role to dispose of third-party property, dictate concrete administrative procedures, or establish public service tariffs. Also, the request to maintain the ASADA as operator of the aqueduct in the face of a potential reversion to AyA is considered a matter of ordinary legality to be resolved in common courts. The resolution reiterates that compliance with the substantive orders is the responsibility of the respondent authorities, who must implement effective measures within their own competencies.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "20/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220671.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220671", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220671" }, { "id": "nexus-sen-1-0007-1220674", "citation": "Res. 07827-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of environmental amparo pending constitutionality challenge to water-use royalty decree", "title_es": "Suspensión de amparo ambiental por pendencia de acción de inconstitucionalidad sobre canon de agua", "summary_en": "The Constitutional Chamber hears an amparo filed against AyA, MAG, MINAE, MIDEPLAN, and SENARA regarding the PAACUME megaproject. The petitioner challenges the project’s financial viability, the alteration of the water regime, the impact on Lomas de Barbudal Biological Reserve (a Ramsar site), and the discriminatory water-use royalty set by Executive Decree DE-32868-MINAE. Specifically, the small royalty paid by large agricultural irrigators is contrasted with the potential burden on drinking-water users. The Chamber notes that a constitutionality action (exp. 22-001372-0007-CO) is underway, challenging articles 7 and 9 of that very Decree. Therefore, it suspends the amparo proceeding until that constitutional challenge is resolved, pursuant to Article 48 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "22/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220674.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220674", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220674" }, { "id": "nexus-sen-1-0007-1220692", "citation": "Res. 08016-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to a Timely Response in Environmental Complaints to the Municipality of Moravia", "title_es": "Derecho a respuesta pronta en denuncias ambientales ante la Municipalidad de Moravia", "summary_en": "The Constitutional Chamber granted an amparo action for violation of the right to prompt administrative justice. The petitioner filed a complaint with the Municipality of Moravia requesting information on whether constructions near the Ipís River respected the protection zone under Article 33 of the Forestry Law. The municipality did not respond until more than a year later, and only after being notified of the amparo. The Chamber found the delay violated the petitioner's right and granted the action, but without awarding costs or damages. Two justices partially dissented, arguing that a judgment in abstract should be imposed under Articles 51 and 52 of the Constitutional Jurisdiction Law. The ruling reaffirms the administration's duty to respond to environmental complaints within a reasonable time and discusses the regime of monetary awards when the administration ceases the violation during amparo proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "22/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1220692.json", "html_url": "/legal/doc/nexus-sen-1-0007-1220692", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1220692" }, { "id": "nexus-sen-1-0007-1221964", "citation": "Res. 07828-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Build the Los Diques Metropolitan Park in Cartago", "title_es": "Falta de construcción del Parque Metropolitano de Los Diques en Cartago", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a Cartago resident on behalf of the community against several state institutions (MIVAH, MOPT, MINAE, CNE, INVU, National Museum, and the Municipality of Cartago) for the alleged violation of fundamental rights due to a budget amendment that reduced the funds originally allocated for the first stage of the Los Diques Metropolitan Park by 900 million colones. The petitioner argued that the redistribution made the project—aimed at urban regeneration, risk management, and protection of the Reventado River National Reserve—unviable, thereby violating the right to a healthy environment. The Chamber, by majority, denied the amparo, ruling that the challenges to budget execution and municipal actions raised ordinary legality issues beyond its jurisdiction and that no direct injury to fundamental rights was shown. It noted that the amendment was approved by the Legislative Assembly and that the institutions acted within their competencies; moreover, the park already exists as a public space and its development is ongoing. A dissenting justice argued that the prior administrative intervention meant the case should have been dismissed outright, as it belonged to the administrative-contentious jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1221964.json", "html_url": "/legal/doc/nexus-sen-1-0007-1221964", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1221964" }, { "id": "nexus-sen-1-0007-1221966", "citation": "Res. 07847-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Chronic flooding in Palo Verde urbanization due to deficient stormwater drainage", "title_es": "Inundaciones crónicas en urbanización Palo Verde por deficiente alcantarillado pluvial", "summary_en": "The Constitutional Chamber granted an amparo filed by residents of the Palo Verde urbanization in Pitahaya, Cartago, who reported recurrent flooding for nearly 20 years due to a deficient stormwater drainage system. The Court found that both the Municipality of Cartago and the Ministry of Public Works and Transport were aware of the problem and failed to resolve it, each blaming the other. Finding that the administrative omission violated the right to a healthy and ecologically balanced environment under Article 50 of the Constitution, the Chamber ordered both entities to coordinate and provide a definitive solution within six months. The State and the municipality were ordered to pay costs, damages, and losses. Magistrate Salazar Alvarado issued a separate opinion stating that, although he generally considers infrastructure omissions as matters for the ordinary administrative jurisdiction, he concurred in this case due to the violation of fundamental rights.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "22/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1221966.json", "html_url": "/legal/doc/nexus-sen-1-0007-1221966", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1221966" }, { "id": "nexus-sen-1-0007-1221976", "citation": "Res. 08317-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of time to comply with judgment on Turrialba landfill", "title_es": "Prórroga de plazo para cumplimiento de sentencia sobre vertedero de Turrialba", "summary_en": "The Constitutional Chamber grants a new twelve-month extension to the mayor of Turrialba to comply with judgment 2018-004801, which ordered the resolution of the environmental and sanitation problems at the municipal landfill through the construction of a solid waste transfer station. The ruling evaluates the progress reported in the last period, including two public tenders for the project – one unsuccessful and one under review for award – and the ongoing operations at the landfill (waste arrangement, coverage, leachate control, differentiated collection, and community composting). The Chamber finds that the authorities have not been negligent and have undertaken diligent actions, though obstacles inherent to public procurement and the project’s technical complexity persist. It reiterates the duty to report quarterly and to maintain mitigation measures at the existing dump, in protection of the right to a healthy environment and public health. The extension runs from the expiration of the previous deadline.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "02/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1221976.json", "html_url": "/legal/doc/nexus-sen-1-0007-1221976", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1221976" }, { "id": "nexus-sen-1-0007-1221981", "citation": "Res. 07832-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo inadmissible when authorities have already acted", "title_es": "Improcedencia de amparo ambiental cuando la Administración ya intervino", "summary_en": "The Constitutional Chamber examines an amparo filed by a citizen who complained through the SITADA platform about the presence of iguanas and other wildlife in the central park of Orotina, alleging risk to the animals and inadequate response by SINAC and SENASA. The Chamber finds that the respondent authorities took multiple actions: they issued reports, requested signage from the municipality, conducted educational campaigns, rescued injured animals, and carried out releases. Based on Article 50 of the Constitution and the State's duty of environmental protection, the majority holds that there was sufficient intervention and that the petitioner's disagreement with the measures taken is not an amparo matter but one for ordinary legal channels. There is a dissenting vote by Judge Salazar Alvarado, who argues that since administrative action had already been taken, the amparo should have been summarily dismissed as falling within the jurisdiction of the administrative courts. The final ruling is to deny the amparo.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "22/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1221981.json", "html_url": "/legal/doc/nexus-sen-1-0007-1221981", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1221981" }, { "id": "nexus-sen-1-0007-1221997", "citation": "Res. 07905-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension for mango tree felling in Ciudad Colón", "title_es": "Prórroga para tala de árbol de mango en Ciudad Colón", "summary_en": "The Constitutional Chamber addresses a request from the Mayor of Mora for an extension to comply with judgment No. 2024005628, which ordered the definitive resolution of the issue concerning a mango tree located 600 meters west and 100 meters south of the Ciudad Colón clinic. The original judgment, issued on March 1, 2024, granted 15 days for compliance. The Municipality argues that, although it initiated an administrative procurement process for emergency tree felling and pruning (procurement No. 2024LD-000010-0002200001), the procedure of reviewing offers and clarifications has not concluded, thus preventing the award and subsequent execution of the cutting. The Chamber finds the delay justified and extends the deadline until May 20, 2024, for effective compliance, maintaining the legal warnings. The resolution is limited to procedural aspects of judgment enforcement, without addressing the environmental merits of the case.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1221997.json", "html_url": "/legal/doc/nexus-sen-1-0007-1221997", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1221997" }, { "id": "nexus-sen-1-0007-1222016", "citation": "Res. 08063-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for information on antenna radiation sent to unofficial email", "title_es": "Solicitud de información sobre radiación de antenas enviada a correo no oficial", "summary_en": "The Constitutional Chamber heard an amparo action against the Ministry of Health for lack of response to a request for information regarding electromagnetic field radiation levels from mobile phone antennas in Costa Rica. The petitioner had sent his request on October 31, 2023, to the email address vanessa.alvarez@misalud.go.cr but received no reply. The Chamber determined that this email was not an official channel for receiving requests; the designated channel was dpah@misalud.go.cr. Furthermore, the Administration was unaware of the request before notification of the amparo. However, prompted by the amparo, the respondent authority issued and notified the petitioner of official communication MS-DORSA-0373-2024, providing a detailed response to all inquiries. Given that the request was not submitted through the official channel and that a response was ultimately provided, the Chamber ruled out a violation of fundamental rights and dismissed the amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1222016.json", "html_url": "/legal/doc/nexus-sen-1-0007-1222016", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1222016" }, { "id": "nexus-sen-1-0007-1222035", "citation": "Res. 08187-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Outright rejection for missing signature in environmental amparo over rooster noise", "title_es": "Rechazo de plano por falta de firma en amparo ambiental por ruido de gallos", "summary_en": "The petitioner filed an amparo action against the Ministry of Health, alleging failure to enforce a sanitary order regarding noise pollution from a neighbor's roosters in Siquirres. She claimed that despite multiple complaints, the order issued on February 20, 2023 —requiring removal of the animal and submission of a noise-containment plan— remained unenforced, harming her family's health. The Constitutional Chamber did not address the merits because the petitioner failed to comply with a procedural requirement: signing the initial writ within three days. Applying Article 42 of the Constitutional Jurisdiction Law, the Chamber rejected the action outright. The ruling expresses no opinion on the Ministry's conduct or the alleged rights violation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1222035.json", "html_url": "/legal/doc/nexus-sen-1-0007-1222035", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1222035" }, { "id": "nexus-sen-1-0007-1222079", "citation": "Res. 08500-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on illegal water supply in Rancho Cartagena", "title_es": "Amparo sobre suministro ilegal de agua en Rancho Cartagena", "summary_en": "The Constitutional Chamber hears an amparo filed by representatives of several companies owning properties in the Rancho Cartagena project, Guanacaste. They claim that CHIPCOM S.A. illegally supplies drinking water without well-drilling permits, water concessions, SETENA approval, or authorization from ICAA or ARESEP, charging for untreated water and endangering health. They also complain of ICAA's failure to manage the aqueduct. The Chamber ordered the petitioners to submit copies of their administrative requests to ICAA; instead, they asked the Chamber to request the administrative file. The majority dismisses the amparo for failure to fulfill the order. Judge Rueda Leal dissents, arguing that the amparo should be admitted regarding the rights to a healthy environment and access to drinking water, given the serious allegations involving a community of 237 hectares and 90 lots.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "02/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1222079.json", "html_url": "/legal/doc/nexus-sen-1-0007-1222079", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1222079" }, { "id": "nexus-sen-1-0007-1222090", "citation": "Res. 08570-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility for Delay in Early Retirement Pension Processing", "title_es": "Inadmisibilidad por mora en trámite de pensión anticipada", "summary_en": "This Constitutional Chamber ruling declares inadmissible an amparo petition filed by a SINAC official who applied for early old-age retirement with the CCSS in November 2023 and received no timely response. The petitioner argued that the delay violated his fundamental rights, since he had not received a salary since January 2024 after ceasing his functions to qualify for the pension. The Chamber rejects the claim, holding that the entitlement to the pension is a matter of ordinary legality to be resolved in the administrative or contentious-administrative sphere, and that administrative delay – not being a request for information under Article 27 of the Constitution, but rather under Article 41 – must be pursued before the contentious-administrative jurisdiction, now deemed an expeditious and effective remedy. Justice Cruz Castro dissents regarding the referral of delay claims to the contentious-administrative courts, maintaining that the right to prompt and complete administrative justice remains a matter for the Chamber to protect under Article 41 of the Constitution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1222090.json", "html_url": "/legal/doc/nexus-sen-1-0007-1222090", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1222090" }, { "id": "nexus-sen-1-0007-1222830", "citation": "Res. 08710-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Construction permits over aquifers and precautionary principle", "title_es": "Permisos de construcción sobre acuíferos y principio precautorio", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of Santa Bárbara and the company Vistas de Santa Bárbara S.A. for granting and processing permits for a condominium development of 835 homes without adequately protecting groundwater resources. The project sits over the Barva aquifer in a highly vulnerable zone. The Chamber finds that the hydrogeological study, required by prior case law when a project lies on an aquifer or its area of influence, was not submitted to SENARA for review and approval before the amparo was filed. Although SENARA finally reviewed and endorsed the study during the legal proceedings, the Chamber partially grants the amparo. Against the developer, it upholds the claim only for compensation purposes due to the violation of the right to a healthy environment and the precautionary principle. Against the Municipality, it orders abstention from similar future omissions, specifically the failure to forward hydrogeological studies to SENARA when urban projects impact aquifers. The ruling reaffirms the binding nature of constitutional precedent on the necessary technical involvement of SENARA and stresses the duty of local authorities and developers to observe the precautionary principle in protecting groundwater.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "art-50-constitution" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1222830.json", "html_url": "/legal/doc/nexus-sen-1-0007-1222830", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1222830" }, { "id": "nexus-sen-1-0007-1222836", "citation": "Res. 08848-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo in Labor Disciplinary Proceedings Due to Summary Procedure Availability", "title_es": "Improcedencia del amparo en procedimientos disciplinarios laborales por existencia de vía sumarísima", "summary_en": "The Constitutional Chamber dismisses an amparo action filed by two officials of the Municipality of San Carlos against the ordinary disciplinary proceeding they face, holding that alleged due process violations must be challenged before the ordinary labor courts through the summary procedure introduced by the Labor Procedural Reform (Law No. 9343). The court reiterates its precedent from judgment 2017-017948, establishing that after the reform's entry into force, claims of due process violations in public employment have an expeditious and efficient procedural avenue in the labor jurisdiction; thus, the Chamber will not review the conformity of the administrative proceeding or the precautionary and evidentiary decisions adopted therein. In a concurring opinion, two justices question the referral to the ordinary labor courts, noting that, per Judicial Observatory data, summary labor proceedings average 22 months and 3 weeks, while amparo proceedings resolve in one month; nonetheless, they concur in dismissing the action because the dispute—concerning the admissibility of testimonial evidence—does not raise a constitutional-level violation of a core due process guarantee.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1222836.json", "html_url": "/legal/doc/nexus-sen-1-0007-1222836", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1222836" }, { "id": "nexus-sen-1-0007-1222845", "citation": "Res. 08722-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ministry omission to measure noise pollution in Turrialba", "title_es": "Omisión ministerial en medición de contaminación sónica en Turrialba", "summary_en": "The Constitutional Chamber hears an amparo filed by Turrialba neighbors against the Bar and Restaurant La Garza, alleging noise pollution and behaviors that disturb their right to health, privacy and a healthy environment. The claimants reported late-night disturbances, live music, brawls and indecent acts in front of their homes, as well as the failure of the Ministry of Health and the Municipality of Turrialba to control the noise. The Ministry of Health inspected waste management and issued sanitary orders, but regarding noise only attempted one sound measurement, which failed because the affected neighbor's dwelling was closed; it did not schedule a new measurement for over nine months. The Municipality warned the business but did not carry out timely inspections to verify the facts. The Chamber partially grants the remedy: it orders the Ministry of Health to carry out the required sound measurement and to adopt corrective measures if pollution is proven, and condemns the State to pay costs and damages. Regarding the ICT and Public Force, the amparo is denied.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1222845.json", "html_url": "/legal/doc/nexus-sen-1-0007-1222845", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1222845" }, { "id": "nexus-sen-1-0007-1222846", "citation": "Res. 08727-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Resolve Environmental Complaint on Noise and Animal Feces", "title_es": "Omisión de resolver denuncia ambiental sobre ruidos y heces de animales", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a neighbor who complained to the Alajuela 2 Health Area about excessive noise and contamination from animal feces caused by his neighbor. Although the health authority conducted multiple inspections and prepared a warning notice, as of the report date, it had not been able to notify the respondent or issue a formal resolution on the complaint. The Chamber held that, despite the efforts made, the petitioner's fundamental right to a healthy and ecologically balanced environment had been violated, because the complaint had not been formally resolved nor had the petitioner been notified of the outcome. Accordingly, it granted the amparo, ordering the complaint to be resolved and the petitioner notified within fifteen days, and condemned the State to pay costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1222846.json", "html_url": "/legal/doc/nexus-sen-1-0007-1222846", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1222846" }, { "id": "nexus-sen-1-0007-1222861", "citation": "Res. 08788-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo to enforce closure of bars in Boruca", "title_es": "Improcedencia de amparo para exigir cierre de cantinas en Boruca", "summary_en": "The Constitutional Chamber denies and partially dismisses the amparo filed by a resident of the Boruca indigenous community against the Municipality of Buenos Aires. The petitioner claimed non-compliance with a previous judgment allegedly ordering bar closures, disregard of his complaints, and noise pollution and lack of business licenses. The Chamber verifies the earlier judgment (No. 2014-012938) was actually denied in its entirety—it issued no orders. It further clarifies it cannot enforce municipal administrative resolutions nor replace active administration in processing complaints about public health or noise, especially when the petitioner has not formally submitted written complaints to competent bodies. He is directed to pursue ordinary administrative remedies.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1222861.json", "html_url": "/legal/doc/nexus-sen-1-0007-1222861", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1222861" }, { "id": "nexus-sen-1-0007-1222865", "citation": "Res. 08805-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Response to Union Exhortations by Municipality of Atenas", "title_es": "Atención de exhortaciones sindicales por la Municipalidad de Atenas", "summary_en": "The Constitutional Chamber hears an amparo filed by the Union of Workers of the Municipality of Atenas (SITRAMA) against the Municipality of Atenas. The claimant alleged lack of response to four official communications. The Chamber finds that two of them (SMTA-010-2023 and SMTA-011-2023) were exhortations, not information requests, so the lack of response does not violate the right to petition. Regarding communication SMTA-001-2024, it was proven that the response was provided on February 22, 2024, before the amparo was admitted, and this claim was dismissed. For communication SMTA-018-2023, the response was sent on March 5, 2024, after the amparo had been filed, which constitutes a violation of the right to petition. The appeal is partially granted only with respect to this communication, without awarding costs or damages, according to the majority's interpretation of Article 52 of the Constitutional Jurisdiction Law. Two separate opinions address the awarding of costs and damages.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1222865.json", "html_url": "/legal/doc/nexus-sen-1-0007-1222865", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1222865" }, { "id": "nexus-sen-1-0007-1222871", "citation": "Res. 08891-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Duty to forward municipal requests: insufficient response violates right to petition", "title_es": "Deber de traslado de gestión municipal: respuesta insuficiente lesiona derecho de petición", "summary_en": "The Constitutional Chamber heard an amparo appeal against the Municipality of Grecia for failing to fully respond to a request for information regarding construction permits for property no. 537962. The petitioner alleged that on February 19, 2024, he filed a request with the Municipal Council seeking data on land use, environmental verifications, INVU alignment, and copies of permits, among other things. The Council replied that it did not have that information because it pertained to the Construction Control Unit. The Chamber determined that this response was insufficient, because under the principle of inter-administrative coordination, the Council should have forwarded the request to the competent department and not merely identified it. The appeal was granted, ordering the immediate forwarding of the request and a full response within five days, with costs awarded against the respondent. The decision reaffirms that public administrations must officially redirect citizens' requests.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1222871.json", "html_url": "/legal/doc/nexus-sen-1-0007-1222871", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1222871" }, { "id": "nexus-sen-1-0007-1223839", "citation": "Res. 09175-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Fireworks display in Dota not subject to amparo", "title_es": "Juego de pólvora en Dota no es amparable", "summary_en": "The Constitutional Chamber summarily rejects an amparo action filed by a resident challenging the municipal and Health Ministry permits for a fireworks display during the patron saint festivities in Santa María de Dota. The claimant alleged a violation of the right to a healthy environment (Article 50 of the Constitution), noise pollution, and harm to vulnerable people and wildlife near the Los Santos Forest Reserve. The Chamber declared the action inadmissible on four main grounds: (1) lack of particularized harm — the claim is presented generically without identifying specific directly affected individuals; (2) failure to exhaust administrative remedies, as the claimant resorted directly to constitutional jurisdiction; (3) the conflict between municipal agreements is a matter of ordinary legality to be resolved before competent authorities; and (4) no evidence was presented that this occasional, isolated, and duly permitted activity would cause irreversible or irreparable environmental damage warranting constitutional review. The Chamber noted the activity is authorized and not prohibited by law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1223839.json", "html_url": "/legal/doc/nexus-sen-1-0007-1223839", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1223839" }, { "id": "nexus-sen-1-0007-1223853", "citation": "Res. 08751-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sewage Contamination in Quebrada Chiquita, Moravia, and Failure to Repair Retaining Wall", "title_es": "Contaminación por aguas negras en Quebrada Chiquita de Moravia y omisión en reparación de muro", "summary_en": "The Constitutional Chamber partially grants an amparo filed by a resident of Moravia against the Costa Rican Institute of Aqueducts and Sewers (ICAA), the Ministry of Health, and the Municipality of Moravia. The petitioner claimed that works under the metropolitan sanitary sewer project diverted raw sewage into the Quebrada Chiquita, causing contamination, foul odors and health effects on residents. He also alleged the municipality’s failure to repair a collapsed retaining wall and bridge in Barrio El Carmen, and that it dumped debris into the stream. The Court upheld the claims regarding black-water pollution and the omission to fix the wall and bridge, finding persistent contamination and municipal inaction since 2022 despite knowledge of the risk. It ordered the three entities to coordinate and resolve all problems identified in inspections of 17-18 February 2024 within six months, and the municipality to complete the wall and crossing works within twelve months. It dismissed as unproven or premature the claims about debris in the stream and lack of timely response to the complaint.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1223853.json", "html_url": "/legal/doc/nexus-sen-1-0007-1223853", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1223853" }, { "id": "nexus-sen-1-0007-1224451", "citation": "Res. 09410-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline denied for Río Ocloro flood-control works after eight-year delay", "title_es": "Rechazo de ampliación de plazo para obras en Río Ocloro por retraso de ocho años", "summary_en": "The Constitutional Chamber denies a subsequent motion filed by San José Mayor Johnny Araya Monge, who requested a further extension of the deadline to implement hydraulic works ordered in the 2016 judgment n.° 2016007570 to prevent flooding in Ciudadela Calderón Muñoz. Almost eight years have passed since the original ruling, and an extension was already granted in 2018. The submitted timeline envisions completion by 2028, which the Chamber considers an unreasonable four-year extension. The resolution reiterates the immediate obligation to comply and rejects the petition, reminding the authority of the criminal consequences for non-compliance under Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1224451.json", "html_url": "/legal/doc/nexus-sen-1-0007-1224451", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1224451" }, { "id": "nexus-sen-1-0007-1224452", "citation": "Res. 09416-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience claim denied while sanitary order deadline is pending", "title_es": "Desobediencia declarada sin lugar por plazo vigente de orden sanitaria", "summary_en": "The Constitutional Chamber addressed the second disobedience claim filed by Jorge Gerardo Delgado Fernández against the Municipality of San José and the Ministry of Health. The claimant alleged non-compliance with judgment No. 2023-015607 concerning an abandoned property causing sanitary and security problems. The Chamber found that while the first disobedience claim was upheld and orders were reiterated, the new sanitary order MS-DRRSCS-DARSSEM-796-2024 issued on March 12, 2024 was still in effect when the claim was filed, with a deadline of April 12, 2024. Since the respondent authorities still had time to comply, the Chamber deemed it premature to rule on the disobedience and dismissed the claim. However, it reminded the Health Governing Area of its duty to monitor the case and ensure definitive compliance with the sanitary order. The ruling emphasizes that a disobedience claim requires the deadline to have expired without compliance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1224452.json", "html_url": "/legal/doc/nexus-sen-1-0007-1224452", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1224452" }, { "id": "nexus-sen-1-0007-1224472", "citation": "Res. 09472-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Digital signature requirement as a barrier to access public information", "title_es": "Requisito de firma digital como barrera de acceso a la información pública", "summary_en": "The Constitutional Court granted an amparo claim against the Municipality of Liberia for violating the right to petition and access to public information. The petitioner requested information regarding land use and construction permits for a commercial establishment. Although the municipality initially provided part of the file, it conditioned a full response on the submission of a clarification with a digital signature, despite the original request being filed in person with a handwritten signature and the clarification being sent from the email address designated for notifications. Reiterating its precedent, the Court found that requiring a digital signature to process a public information request constitutes an access barrier that undermines the essential content of the right to petition and access to administrative information. The municipality was ordered to deliver the information within three days, safeguarding sensitive data, and was sentenced to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1224472.json", "html_url": "/legal/doc/nexus-sen-1-0007-1224472", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1224472" }, { "id": "nexus-sen-1-0007-1225060", "citation": "Res. 10056-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Public beach access, petition rights, and tree felling in maritime terrestrial zone", "title_es": "Acceso a playa pública, derecho de petición y tala de árboles en zona marítimo terrestre", "summary_en": "The Constitutional Chamber reviewed an amparo filed by members of an association against the Paquera District Municipal Council. The claimants argued that: (i) they were arbitrarily denied renewal of a use permit in the maritime terrestrial zone of Playa La Leona; (ii) they requested information about the new permit holder and the denial agreement but received no response; (iii) the new concessionaire, a foreigner, felled trees without SINAC permits, causing environmental damage; and (iv) public access to the beach was blocked with a gate. The Chamber partially granted the amparo only regarding public beach access and violation of the rights to petition and access to information. It ordered the council's intendant and president to provide the requested information on two specific points and to ensure free transit through public access ways to the beach. The Chamber denied relief on the permit denial, tree felling, and unresolved nullity and recusal motions, holding these are ordinary legality matters outside constitutional jurisdiction or that petitioners had failed to exhaust prior remedies.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "water-law" ], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1225060.json", "html_url": "/legal/doc/nexus-sen-1-0007-1225060", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1225060" }, { "id": "nexus-sen-1-0007-1225124", "citation": "Res. 10125-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to a complete response: concessions in the Maritime Zone of Osa", "title_es": "Derecho a respuesta completa: concesiones en Zona Marítimo Terrestre de Osa", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a congressman against the Municipality of Osa, alleging failure to respond to a request for information about concessions in the Maritime Zone (ZMT). The Chamber found that, although the municipality issued a response after being notified of the action, it was partial and incomplete. Specifically, it failed to state the exact number of extensions granted to each concession, did not attach the requested current maps, did not address the condition, maintenance, or protection of non-concession areas, and did not clarify whether constructions within concessions are located outside the Public Zone or how this has been ensured. The Chamber granted the amparo, ordering the municipality to complete its response within five days, protecting sensitive data, and warning of criminal liability for non-compliance.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1225124.json", "html_url": "/legal/doc/nexus-sen-1-0007-1225124", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1225124" }, { "id": "nexus-sen-1-0007-1225127", "citation": "Res. 09451-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental Complaint Not Resolved Is Not Amenable to Amparo If Within Legal Term", "title_es": "Denuncia ambiental ante municipalidad sin resolver no es amparable si está en plazo", "summary_en": "The petitioner filed an amparo against the Municipality of Barva claiming that his complaint about an irregular construction on the banks of the Río Segundo had not been addressed. The construction lacked municipal permits, did not respect the river setback, generated noise pollution, and deposited waste into the riverbed. The Constitutional Chamber dismissed the amparo as premature: the complaint was filed on December 15, 2023, and the amparo on January 17, 2024—just over one month later. The administration was within the general two-month period set by Article 261 of the General Public Administration Act to resolve. Additionally, the municipality provided evidence of multiple inspection attempts, although the property owner denied access. The court found no violation of fundamental rights because the authority was acting within the legal deadline and had taken concrete verification actions.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "12/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1225127.json", "html_url": "/legal/doc/nexus-sen-1-0007-1225127", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1225127" }, { "id": "nexus-sen-1-0007-1225930", "citation": "Res. 10062-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Delay in resolving environmental complaint on logging in Cóbano by SETENA and ACT", "title_es": "Demora en resolver denuncia ambiental sobre tala en Cóbano por SETENA y ACT", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a Cóbano resident against SETENA and the Tempisque Conservation Area (ACT). The petitioner claimed that since August 18, 2023, she had filed an expanded environmental complaint concerning alleged unauthorized logging and land-use change at the Residencias Lati project (file D1-0092-2022-SETENA), and that the complaint remained unresolved when the amparo was filed in December 2023. The Chamber found that both authorities were at fault for delay: SETENA, though initially diligent, waited from December 18, 2023 (when it received ACT’s technical input) until February 7, 2024 to issue the resolution that rejected the expanded complaint; ACT took over two months to respond to the technical-consultation request (October 2 to December 5, 2023). The Chamber granted the amparo for violation of the right to prompt administrative justice (Article 41 of the Constitution), but did not award damages, costs or interest because the complaint was decided and notified during the amparo proceedings. The majority opinion is accompanied by two dissenting votes —one on jurisdiction and one on costs— and a separate note by Justice Castillo Víquez on administrative due process.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575", "environmental-law-7554" ], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1225930.json", "html_url": "/legal/doc/nexus-sen-1-0007-1225930", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1225930" }, { "id": "nexus-sen-1-0007-1226084", "citation": "Res. 10951-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Omission of wetlands in PNE certification in Talamanca and precautionary principle", "title_es": "Omisión de humedales en certificación de PNE en Talamanca y principio precautorio", "summary_en": "The Constitutional Chamber resolved an amparo action against the La Amistad Caribe Conservation Area (ACLAC) for failing to update the certification of State Natural Heritage (PNE) in the maritime-terrestrial zone of the Talamanca canton. The petitioner argued that the 2017 certification omitted wetlands identified in a 2021 technical report, violating the right to a healthy environment and the precautionary principle. The Chamber found that despite multiple warnings about the need to review the certification, ACLAC had not issued an updated one, leaving the 2017 document in force. The Court held that this inaction, in light of evidence of potential serious and irreversible harm to wetlands, violated Article 50 of the Constitution and the precautionary principle. It therefore partially granted the amparo and ordered ACLAC, within three months after complying with a prior similar order, to issue an updated certification covering and delimiting all PNE strips in the maritime-terrestrial zone of Talamanca canton, with current technical support. The Court dismissed as premature the request to annul municipal land-use permits, as an updated certification was first necessary.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "forestry-law-7575", "property-and-titling", "procedural-environmental" ], "date": "26/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1226084.json", "html_url": "/legal/doc/nexus-sen-1-0007-1226084", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1226084" }, { "id": "nexus-sen-1-0007-1226511", "citation": "Res. 03227-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Mandatory EIA for small-scale mariculture projects", "title_es": "Obligatoriedad de EIA para proyectos de maricultura de menor escala", "summary_en": "The Constitutional Chamber reviewed the constitutionality of Executive Decree No. 42755-MINAE, which sets differentiated environmental evaluation requirements for mariculture projects based on scale. The petitioner argued that excluding the full Environmental Impact Assessment (EIA) for family, small, and medium-scale projects violates Article 50 of the Constitution and environmental principles. The majority of the Chamber dismissed the action, holding that the Constitution and international instruments require an environmental impact evaluation but not necessarily a full EIA; the decree establishes other technical instruments (registration, sworn statement, forecast-management plan) appropriate to the potential impact of each scale, in accordance with the Environmental Organic Law. It also found no excess of regulatory power and that permit limitation is for other authorities. Magistrate Cruz Castro dissented, arguing that excluding the EIA violates legislative reserve and the precautionary, non-regression, and objectification principles, as the law should define evaluation instruments and exceptions. Magistrate Rueda Leal added a conceptual note on environmental principles.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "07/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1226511.json", "html_url": "/legal/doc/nexus-sen-1-0007-1226511", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1226511" }, { "id": "nexus-sen-1-0007-1226825", "citation": "Res. 10848-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of waste collection service due to budget dispute between district council and municipality", "title_es": "Suspensión del servicio de recolección de residuos por conflicto presupuestario entre concejo distrital y municipalidad", "summary_en": "The Constitutional Chamber heard an amparo action against the Colorado District Municipal Council and the Municipality of Abangares for the suspension of waste collection services in the district. The petitioner, a company generating approximately 600 kg of solid waste weekly, claimed the district council announced the cessation of service as of October 2023 due to budget shortfalls, despite being up-to-date on tax payments. The underlying dispute arose from the Municipality of Abangares demanding a cooperation agreement under Law No. 8173, which the district council refused to sign. The Chamber found that, beyond the ordinary legality conflict between the two bodies, the Colorado District Municipal Council failed to provide essential public services continuously, regularly, promptly, effectively, and efficiently, thereby violating the right to a healthy and ecologically balanced environment, as well as the health of inhabitants. Consequently, it granted the amparo against the district council, ordering immediate restoration of waste collection, and denied it against the Municipality of Abangares.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "26/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1226825.json", "html_url": "/legal/doc/nexus-sen-1-0007-1226825", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1226825" }, { "id": "nexus-sen-1-0007-1227530", "citation": "Res. 12817-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality claim against Isla San Lucas National Park Creation Law", "title_es": "Rechazo de acción contra Ley de Creación del Parque Nacional Isla San Lucas", "summary_en": "The Constitutional Chamber of Costa Rica, by majority, rejected an unconstitutionality claim against Law No. 9892, which created the Isla San Lucas National Park. The ruling found that the composition of the park's Board of Directors is not unconstitutional, provided it is interpreted as requiring mandatory prior consultation with technical bodies on environmental and historical heritage matters before decisions are made. A dissenting minority held the law unconstitutional for violating the principles of progressivity, non-regression, precaution, prevention, and objectivization of environmental protection, as well as Articles 50 and 89 of the Constitution, arguing that the change in management category and reduction of the protected area were made without sufficient technical studies.", "primary_topic_id": null, "topic_ids": [], "date": "31/05/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1227530.json", "html_url": "/legal/doc/nexus-sen-1-0007-1227530", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1227530" }, { "id": "nexus-sen-1-0007-1227685", "citation": "Res. 11793-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dysfunctional treatment plant violates right to healthy environment", "title_es": "Planta de tratamiento en desuso lesiona derecho a ambiente sano", "summary_en": "The Constitutional Chamber heard an amparo petition filed by a resident of Residencial La Giralda (Desamparados, Alajuela) against the Municipality of Alajuela. The petitioner claimed that the residential wastewater treatment plant, transferred to the municipality in 1999, is in a state of complete disrepair, causing foul odors and pollution, and that authorities have failed to take effective remedial action. The municipality confirmed that the anaerobic system (approximately 30 years old) does not comply with the discharge limits set by Decree No. 33601, and that the Investment Plan 2021–2023, agreed upon with the Comptroller General's Office, has not been implemented due to a lack of updated tariffs—a decision attributable to the Municipal Council. The Chamber held that these omissions violate the right to a healthy and ecologically balanced environment under Article 50 of the Constitution, granted the petition, and ordered immediate mitigation measures as well as a definitive solution within a maximum of twelve months, under penalty of disobedience. A partial dissenting opinion by Justice Garro Vargas argued that the execution phase should be assigned to the administrative contentious jurisdiction, given its procedural advantages for monitoring technically complex rulings.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "03/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1227685.json", "html_url": "/legal/doc/nexus-sen-1-0007-1227685", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1227685" }, { "id": "nexus-sen-1-0007-1227979", "citation": "Res. 12481-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Timely justice in environmental complaint for construction in La Granada stream", "title_es": "Justicia pronta en denuncia ambiental por construcción en quebrada La Granada", "summary_en": "The Constitutional Court issued a ruling in favor of an amparo petition against the Administrative Environmental Tribunal (TAA) for violating the right to prompt and timely justice. The Court found that an environmental complaint filed in 2004 regarding illegal works —landfill, piping, and construction of a wall within the protection zone of the La Granada stream in Heredia— remained unresolved after more than nineteen years. The TAA had consolidated complaints from MINAE, the Municipality of Heredia, and neighbors, issued numerous orders, and faced notification challenges, but the procedure never concluded. The Court reaffirmed the duty of expedition under article 110 of the Organic Environmental Law and ordered the TAA to issue a final resolution within no more than three months. The petition against MINAE and the Municipality was dismissed as no harmful action or omission was proven. Separate opinions by Justices Castillo Víquez and Salazar Alvarado address the proper jurisdiction for such disputes.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1227979.json", "html_url": "/legal/doc/nexus-sen-1-0007-1227979", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1227979" }, { "id": "nexus-sen-1-0007-1228965", "citation": "Res. 13166-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Conditional constitutionality of Article 2 of the Belén Zoning Regulation", "title_es": "Constitucionalidad condicionada del artículo 2 del Reglamento de Zonificación de Belén", "summary_en": "The Constitutional Chamber reviewed a challenge to Article 2 of the Zoning and Road Plan Regulation of the Belén Regulatory Plan, which allows extending the regulations of one zone up to 100 meters onto a lot divided by a zone boundary. Plaintiffs claimed the provision degrades protection of green areas and protection zones, violating environmental principles and lacking public consultation. The Chamber found the provision was part of the original regulatory plan since 1997, not a later amendment, and that it does not automatically deregulate but offers an exceptional solution for properties affected by two different zonings, preventing the hollowing out of property rights. Nevertheless, it conditioned constitutionality on an interpretation that its application must not contradict specific technical criteria or disregard higher-ranking norms protecting the right to a healthy environment. The challenge was dismissed under that condition.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "15/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1228965.json", "html_url": "/legal/doc/nexus-sen-1-0007-1228965", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1228965" }, { "id": "nexus-sen-1-0007-1228971", "citation": "Res. 09409-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Minimum wage is not a diffuse interest for unconstitutionality actions", "title_es": "Salario mínimo no constituye interés difuso para acción de inconstitucionalidad", "summary_en": "The Constitutional Chamber summarily dismissed an unconstitutionality action filed by a union against the Temporary Provision of Article 44 Ter of the Law on Promotion of Competition and Effective Consumer Protection. The plaintiff claimed the provision violated constitutional principles such as the right to a minimum wage and a dignified life, invoking standing based on diffuse interests. The Chamber found that the action lacked formal requirements, including authentication of the signature by a legal professional and sufficient legal argumentation. However, the primary basis for dismissal was lack of standing: the invoked interest (defense of the minimum wage) does not constitute a diffuse interest under constitutional case law, but rather a concrete individual interest. The majority held that diffuse interests cannot be so broad as to be confused with popular action nor so concrete as to allow an individual claim. Two judges added separate concurring reasons, agreeing to dismiss but noting that a diffuse interest can manifest in a particular case without losing its nature, though it did not apply here. The parties were ordered to retrieve physical documents within 30 business days.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1228971.json", "html_url": "/legal/doc/nexus-sen-1-0007-1228971", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1228971" }, { "id": "nexus-sen-1-0007-1229224", "citation": "Res. 04424-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Los Corrales pig farm found not to cause proven environmental pollution", "title_es": "Granja porcina Los Corrales no genera contaminación ambiental probada", "summary_en": "The Constitutional Chamber dismisses an amparo filed by a neighbor of the Solaris Condominium in Santa Ana, who claimed that the Los Corrales pig farm caused serious environmental damage and odor nuisances, and that the authorities (Municipality of Santa Ana, Ministry of Health, and SENASA) had failed to address his complaints. Based on the reports provided, the Chamber finds that all three entities did conduct inspections and technical evaluations. SENASA visited the condominium and the farm in November 2023, detecting no significant odors; it highlighted the farm's MAG Blue Flag certification, biodigester, oxidation lagoons, and proper waste management. The Municipality reported that the farm is in a Protection Zone according to the Regulatory Plan, where the activity is permissible; its Environmental Comptroller confirmed good practices. The Ministry of Health inspected in July 2019, found normal odors and compliance with operational reports. The Chamber concludes that the alleged environmental problem does not exist, as the farm operates within technical parameters, and declares the amparo without merit.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1229224.json", "html_url": "/legal/doc/nexus-sen-1-0007-1229224", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1229224" }, { "id": "nexus-sen-1-0007-1229226", "citation": "Res. 05140-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative inaction on water pollution complaint", "title_es": "Inercia administrativa en denuncia por contaminación hídrica", "summary_en": "Neighbors of Palmares complained that the business 'Pinchos de la Plata' discharged untreated wastewater into the Quebrada Azul. The Municipality declared lack of jurisdiction and forwarded the case to the Ministry of Health, action that the Chamber deemed lawful. As for the Ministry of Health, the complaint was filed in September 2023, but the inspection and corrective measures (sanitary order) were only carried out in February 2024, after the amparo was notified. The Constitutional Chamber dismissed the amparo against the Municipality, but upheld it against the Palmares Health Board due to its inaction. However, since the situation had already been corrected, the majority decided not to impose costs, damages, or losses, which generated partial dissenting votes arguing for an abstract condemnation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1229226.json", "html_url": "/legal/doc/nexus-sen-1-0007-1229226", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1229226" }, { "id": "nexus-sen-1-0007-1229274", "citation": "Res. 13229-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Mining amparo and aquifer protection in Quebrada Honda de Patarrá", "title_es": "Amparo minero y protección de acuíferos en Quebrada Honda de Patarrá", "summary_en": "The Constitutional Chamber partially granted an amparo petition filed by the Asociación Quebrada Honda against several state entities regarding two mining concessions (files 2716 and 2008) in Quebrada Honda de Patarrá, Desamparados. The petitioner alleged that the concessions endangered the aquifer supplying drinking water to 1,500 residents, created landslide and flood risks, and involved an irregular change from artisanal to industrial permits. The Chamber rejected claims concerning the change of the concessions' category, the criminal complaint for invasion of spring protection zones, and the extension of concession 2008's term, finding them outside the scope of amparo or disproven by evidence. However, it granted the petition on two grounds: it ordered SETENA, MINAE, and SENARA to prepare within ten months a technical study to determine whether the mining operations affect the quality or quantity of groundwater, and to start slope stabilization works within six months as per report DGM-CRC1-086-2021. The decision was based on the precautionary, preventative, in dubio pro natura, and inter-administrative coordination principles, emphasizing the lack of conclusive studies on contamination risks and insufficient slope stability.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental", "criminal-environmental" ], "date": "17/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1229274.json", "html_url": "/legal/doc/nexus-sen-1-0007-1229274", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1229274" }, { "id": "nexus-sen-1-0007-1229951", "citation": "Res. 04425-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Repeated disobedience for failing to resolve TAA case", "title_es": "Desobediencia reiterada por no resolver expediente TAA", "summary_en": "The Constitutional Chamber addresses a subsequent claim of non-compliance with judgment 2020-017177, which had ordered the Environmental Administrative Tribunal (TAA) to resolve case 410-09-02-TAA within two months, and the Ministry of Health to follow up on sanitary resolution 001252-F-S1-2020. After two prior findings of disobedience, the petitioner returns. The Chamber finds that the TAA has not resolved the case in over three years, and despite the alleged difficulties (resignation of substitute judges, inability to form a panel), the delay is not justified. Regarding the Ministry of Health, although it has faced obstruction by the property owner and denial of a search warrant, the Chamber considers that the authorities have not taken sufficiently effective measures. The claim is granted, and immediate compliance with the original judgment is ordered, now directed at the current officeholders, with warning of sanctions for disobedience under Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "20/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1229951.json", "html_url": "/legal/doc/nexus-sen-1-0007-1229951", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1229951" }, { "id": "nexus-sen-1-0007-1233629", "citation": "Res. 15681-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo Against SINAC for Unresolved Environmental Complaint on Sámara Wetlands and Mangroves", "title_es": "Amparo contra SINAC por denuncia ambiental no resuelta sobre humedal y manglar en Playa Sámara", "summary_en": "The Constitutional Chamber heard an amparo filed by a resident of Playa Sámara who complained about the destruction of wetlands and mangroves, as well as landfill, in the Lagarto River estuary —an area of high environmental fragility and state natural heritage— and the granting of concessions in the Maritime Terrestrial Zone by the Municipality of Nicoya. The petitioner alleged that he filed an environmental complaint with SINAC on April 8, 2022, but received no response after more than two years. The Chamber examined the evidence and found that SINAC had technical studies since 2019 and 2021 confirming mangrove degradation and the need for restoration, but there was no record of actions after the technical report of June 2021 or a response to the complainant. The majority granted the amparo against SINAC, ordering: a) to respond to the complaint of April 8, 2022 within one month, and b) to conduct the necessary studies within twelve months to determine the real situation and provide a definitive solution. The claim against the Municipality of Nicoya was dismissed because two of the properties are private, and the concession on the third expired in 2009 with its extension still under review, making the claim about an uncertain future event; moreover, the municipality had already responded to the complainant. The judgment includes separate notes and dissenting votes on jurisdiction and execution.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "07/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1233629.json", "html_url": "/legal/doc/nexus-sen-1-0007-1233629", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1233629" }, { "id": "nexus-sen-1-0007-1233759", "citation": "Res. 15693-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Appeal against the increase in daily visitation to Manuel Antonio National Park", "title_es": "Amparo contra el aumento de visitación diaria del Parque Nacional Manuel Antonio", "summary_en": "The Constitutional Court reviewed an amparo action against the Ministry of Environment and Energy, the National System of Conservation Areas, and the Intervention Commission of Manuel Antonio National Park. The plaintiff claimed that the authorities increased daily visitor capacity from 1,120 to 1,806, violating a previous ruling (2023-011233) that set the limit to protect the ecosystem. The Court, after analyzing the reports and the application of the \"Technical Tool for Managing Visitor Flows in Protected Wild Areas,\" concluded that the increase was not arbitrary but based on a new technical study reflecting infrastructure and staff improvements, as expressly permitted by the earlier judgment. The appeal was dismissed, noting that technical validity must be challenged through ordinary administrative or judicial channels, not via amparo. One judge issued a separate opinion, arguing the case should have been rejected outright as it falls under administrative jurisdiction due to existing administrative acts.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "07/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1233759.json", "html_url": "/legal/doc/nexus-sen-1-0007-1233759", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1233759" }, { "id": "nexus-sen-1-0007-1235860", "citation": "Res. 17289-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Vehicular Access to Property in Environmental Risk Zone", "title_es": "Acceso vehicular a inmueble en zona de riesgo ambiental", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of Santa Ana, which placed debris and a flex-beam barrier preventing the petitioner's vehicular access to his possessed property. Although the property is located in an area affected by the 'Rancho Tico' landslide, where the petitioner conducted unauthorized waste recovery and burning activities causing significant environmental harm and disaster risk, the Chamber finds that the municipal measure, while reasonable to protect the environment and prevent risks, violated the essential attributes of the petitioner's property right, specifically the use and enjoyment of the asset, since no declaration of uninhabitability or other legal restriction limiting access was established. Consequently, the amparo is partially granted, ordering vehicular access to be provided within eight days, unless another legal cause prevents it. The ruling balances environmental protection and property rights, acknowledging the legitimacy of municipal protective actions but requiring that restrictions on ownership comply with the legal framework.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1235860.json", "html_url": "/legal/doc/nexus-sen-1-0007-1235860", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1235860" }, { "id": "nexus-sen-1-0007-1235901", "citation": "Res. 17126-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flood wall and municipal duty to prevent flooding", "title_es": "Muro de protección fluvial y deber municipal de prevenir inundaciones", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a resident of the Villa Fuente neighborhood in San Juan de Dios de Desamparados, who alleged that the Municipality of Desamparados had failed to build a flood wall to prevent recurrent flooding caused by the Cañas River overflowing its banks since 2022, affecting over 150 people, including elderly, children, and disabled individuals. The petitioner claimed that despite multiple actions, the municipality merely supplied materials and delegated execution of the work to the neighbors, without directly providing a definitive solution. The Chamber found that the municipality had failed to act with the required constitutional promptness and effectiveness, citing lack of installed capacity and delays in equipment rental procurement. The Court held that such inaction posed a serious threat to the life, physical integrity, and health of the residents, in violation of Articles 21 and 50 of the Constitution. Accordingly, the amparo was granted, and the Mayor and the Municipal Council were ordered to resolve the flooding problem within two months, without prejudice to any necessary provisional work. The municipality was also ordered to pay costs, damages, and harm.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "21/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1235901.json", "html_url": "/legal/doc/nexus-sen-1-0007-1235901", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1235901" }, { "id": "nexus-sen-1-0007-1235944", "citation": "Res. 09354-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Hydrocarbon water contamination in Tibás and AyA's failure to ensure continuous potable service", "title_es": "Contaminación del agua con hidrocarburos en Tibás y falla del AyA en garantizar servicio continuo y potable", "summary_en": "The Constitutional Court granted an amparo action filed by an elderly resident of Tibás against the Costa Rican Institute of Aqueducts and Sewers (AyA). The petitioner claimed that hydrocarbon contamination of the water supply in several districts of Goicoechea, Moravia, San José, and Tibás, occurring since January 2024, endangered his health and life and caused economic harm by forcing him to purchase potable water. The Court found that AyA acted negligently, failing to address the situation swiftly and exposing approximately 107,000 people to unjustified risks. Despite activating protocols, it did not ensure continuous service with high quality standards. The Court concluded that the constitutional rights to proper functioning of public services, health, and access to potable water (Articles 21 and 50 of the Constitution) were violated. It ordered AyA to guarantee immediate alternative supply, conduct quarterly water analysis, definitively solve the contamination within one month, and initiate disciplinary investigations. The request to suspend billing was not granted, being referred to the administrative jurisdiction.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "09/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1235944.json", "html_url": "/legal/doc/nexus-sen-1-0007-1235944", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1235944" }, { "id": "nexus-sen-1-0007-1236188", "citation": "Res. 29457-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo for material extraction from Río Seco dismissed", "title_es": "Amparo ambiental por extracción de materiales del río Seco se declara sin lugar", "summary_en": "The Constitutional Chamber dismisses an amparo action against the Municipal Council of Cóbano and MINAE regarding the extraction of materials from the Seco River for road repairs following Hurricane Eta. The majority holds that the claimant failed to file a prior complaint with the administrative authorities, a requirement established in case law for the Chamber to hear violations of the right to a healthy environment, unless exceptions apply, which were not met. Additionally, the Chamber finds that the municipality complied with all legal requirements and permits for the extraction, that inspections by the Tempisque Conservation Area found no damage to the river protection zones under Article 33 of the Forestry Law, and that the extraction work had already been halted. The dissenting vote of three justices argues that the proceeding should have continued and the precautionary, pro natura, and objectification principles applied, deeming the evidence insufficient and asserting that the prior-complaint requirement should not bar cases of grave and manifest environmental harm.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1236188.json", "html_url": "/legal/doc/nexus-sen-1-0007-1236188", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1236188" }, { "id": "nexus-sen-1-0007-1236193", "citation": "Res. 07057-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of Decree 41729-MIDEPLAN-H on nominalization of salary step increases", "title_es": "Constitucionalidad del Decreto 41729-MIDEPLAN-H sobre nominalización de anualidades salariales", "summary_en": "The Constitutional Chamber reviewed consolidated unconstitutionality claims against Executive Decree No. 41729-MIDEPLAN-H, which amended the Regulation for Title III of the Public Finance Strengthening Law (Law No. 9635). The challenge focused on the decree's provision that step increases (anualidades) already received by public employees before the law took effect must be preserved as fixed nominal amounts, rather than continuing to be calculated as a percentage of base salary. The plaintiff unions argued that this violated the principle of non-retroactivity, the right to salary, the legal reservation principle, and other fundamental rights by reducing the future value of salary components. The Chamber, by majority, denied the claims, with the understanding that the decree only applies to institutions not excluded from the law under Advisory Opinion No. 2018-19511. The majority held that nominalization did not affect vested rights, as the amounts already received were maintained, and that future step increases are merely expectations. Dissenting votes found the reform unconstitutional for infringing the right to salary and for violating the right to citizen participation, respectively.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1236193.json", "html_url": "/legal/doc/nexus-sen-1-0007-1236193", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1236193" }, { "id": "nexus-sen-1-0007-1236309", "citation": "Res. 17568-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo for felling of Copey tree in San Antonio de Belén", "title_es": "Amparo ambiental por tala de árbol de Copey en San Antonio de Belén", "summary_en": "The Constitutional Chamber granted an amparo against the Costa Rican Railroad Institute (INCOFER) for authorizing the felling of a 70-year-old Copey tree in San Antonio de Belén, Heredia, without following the correct legal procedure. The Chamber held that when a tree is claimed to pose a danger to persons or property, the authorization for felling or pruning does not fall under the administrative jurisdiction of entities like INCOFER or SINAC, but must be pursued through the summary demolition proceeding before the civil courts (article 108 of the Civil Procedure Code). It further found that the pruning carried out on March 16, 2024, without technical criteria or oversight, seriously damaged the tree. The ruling nullified INCOFER's authorization, ordered an assessment of the tree's condition and measures for its recovery and protection, and warned INCOFER against repeating such conduct. Justice Hess Herrera gave separate reasons, extending the ruling to SINAC and the Municipality of Belén for their failure to exercise environmental stewardship, and Justice Rueda Leal dissented, arguing for additional reports.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1236309.json", "html_url": "/legal/doc/nexus-sen-1-0007-1236309", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1236309" }, { "id": "nexus-sen-1-0007-1238359", "citation": "Res. 18144-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Irregular stormwater runoff and housing risk in Mora", "title_es": "Desfogue irregular de aguas pluviales y riesgo a vivienda en Mora", "summary_en": "The Constitutional Court granted an amparo appeal filed by residents of Mora canton, who claimed that the Municipality installed a culvert diverting stormwater onto their property, causing landslides and endangering their home, occupied by two adults, an elderly person, and two minors. Despite multiple complaints since October 2021, the municipality had not definitively resolved the problem. The Court found a violation of fundamental rights to life, integrity, and a prompt and complete justice (arts. 21, 50 and 41 of the Constitution), due to the municipality's omission and unjustified delay. It ordered the mayor to take the necessary measures to definitively resolve the irregular runoff within six months, under warning of criminal liability for contempt. The possibility of discussing in ordinary courts whether the damage was due to municipal mismanagement or the normal effects of waters under the General Public Roads Law (arts. 20 and 21) was preserved.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "28/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1238359.json", "html_url": "/legal/doc/nexus-sen-1-0007-1238359", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1238359" }, { "id": "nexus-sen-1-0007-1238367", "citation": "Res. 17915-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water rationing in Calle Moreira, Alajuela", "title_es": "Racionamientos de agua en Calle Moreira, Alajuela", "summary_en": "The Constitutional Chamber grants an amparo filed by a resident of Calle Moreira, Barrio San José de Alajuela, against the Costa Rican Institute of Aqueducts and Sewers (AyA). The petitioner alleged that her community suffers from chronic water supply shortages, with cuts lasting up to four consecutive days without prior notice and ineffective alternative supply via tanker trucks. Although AyA acknowledges that the area is deficit-prone due to its high topography and that a water improvement project is underway (Project for Improvements to the El Pasito Aqueduct, Phase II), the Chamber finds that the institution has violated the petitioner's fundamental right to access potable water. Specifically, it finds that even though tanker trucks distribute water to communities on alternate days, the petitioner did not receive water daily during the four-day interruption, resulting in a shortage exceeding eight hours. Consequently, the Chamber orders AyA to establish and implement a clearly defined schedule for any necessary rationing and to guarantee, through a provisional alternative, sufficient daily potable water supply when service interruptions exceed eight hours.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "28/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1238367.json", "html_url": "/legal/doc/nexus-sen-1-0007-1238367", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1238367" }, { "id": "nexus-sen-1-0007-1238541", "citation": "Res. 00297-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for withdrawal due to scheduled surgery", "title_es": "Archivo de amparo por desistimiento por cirugía programada", "summary_en": "The Constitutional Chamber hears a writ of amparo in which the petitioner, diagnosed with a giant intramural myoma and awaiting surgery since 2022, alleged a violation of her right to health due to surgical delay. The petitioner later withdrew because the surgery was scheduled for January 15, 2024. Applying Article 52 of the Constitutional Jurisdiction Law and citing precedent where amparos on health rights were dismissed upon withdrawal, the Chamber accepts the withdrawal and orders the case archived. The ruling does not address the merits; it simply honors the petitioner's decision to end the proceeding following extrajudicial satisfaction of her claim. The possibility of reopening the case if the satisfaction is unfulfilled or delayed is noted.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1238541.json", "html_url": "/legal/doc/nexus-sen-1-0007-1238541", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1238541" }, { "id": "nexus-sen-1-0007-1239353", "citation": "Res. 18755-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must address complaint about dangerous tree", "title_es": "Municipalidad debe atender denuncia por árbol peligroso", "summary_en": "The Constitutional Chamber reviewed an amparo against the Municipality of Curridabat for failing to respond to a complaint about an exogenous tree on a sidewalk that posed a danger to passersby and property. The Chamber verified that the complainant filed the complaint in July 2023, that the municipality's Road Management department confirmed the facts in August 2023, but by the time the amparo was filed — and even by February 2024 — the situation had not been definitively addressed. The Chamber granted the amparo for violation of the right to a prompt and fulfilled administrative justice, ordering the municipal authorities to carry out the necessary works within one month and to inform the complainant. Separate notes add clarifications: Justice Castillo Víquez reiterates his view that jurisdiction lies with the administrative contentious courts, and Justice Alvarado Paniagua indicates that the proper procedure for resolving the cutting of a dangerous tree is the summary demolition process in the agrarian jurisdiction, not an administrative procedure.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1239353.json", "html_url": "/legal/doc/nexus-sen-1-0007-1239353", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1239353" }, { "id": "nexus-sen-1-0007-1239358", "citation": "Res. 18814-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must address road and environmental infrastructure", "title_es": "Municipalidad debe atender infraestructura vial y ambiental", "summary_en": "The Constitutional Chamber dismissed an amparo appeal against the Municipality of Paraíso for its alleged failure to address complaints about lack of sidewalks, speed bumps, drainage corridors, and sewage issues. The appellant claimed violations of fundamental rights due to pollution of the Páez River and risks to pedestrian safety. The Chamber held that dissatisfaction with the municipal response is not reviewable in amparo proceedings, which should be channeled through ordinary administrative or judicial remedies. However, it reminded the municipality of its constitutional and legal duty to satisfy local public interests, including road and pedestrian infrastructure, drainage systems, and environmental protection. The ruling includes a separate opinion by Justice Castillo Víquez on amparo jurisdiction and the importance of pedestrian safety.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "05/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1239358.json", "html_url": "/legal/doc/nexus-sen-1-0007-1239358", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1239358" }, { "id": "nexus-sen-1-0007-1239541", "citation": "Res. 32259-2023 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of Transitory Provision VI of Law 9544 — Judicial Branch Pension Reform", "title_es": "Constitucionalidad del Transitorio VI de la Ley 9544 — Reforma Pensiones Poder Judicial", "summary_en": "The Constitutional Chamber, by majority, dismisses several consolidated constitutional challenges against Transitory Provision VI of Law 9544, which reformed the judicial branch's pension and retirement regime. Petitioners argued that the 18-month deadline to qualify under previous rules violated acquired rights, the principle of progressivity, legitimate expectations, and equality. The majority holds that the reform was supported by actuarial technical criteria submitted during the legislative process, showing the need to ensure the solvency of the Pension Fund. It reaffirms its precedent that an 18-month transitional period is reasonable to protect legitimate expectations without jeopardizing financial sustainability. The dissenting justices (Cruz Castro, Salazar Alvarado, and Picado Brenes) issue a dissenting vote and partially grant the action, finding that the transitory provision lacked a specific technical study, violated inchoate rights of those with 20 or more years of service, and suffered from procedural defects in the legislative process, including failure to consult the Supreme Court of Justice as required by Article 167 of the Constitution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0007-1239541.json", "html_url": "/legal/doc/nexus-sen-1-0007-1239541", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1239541" }, { "id": "nexus-sen-1-0007-1240159", "citation": "Res. 19700-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must repair sewage pipe for violating right to a healthy environment", "title_es": "Municipalidad debe reparar tubería de aguas negras por vulnerar derecho a ambiente sano", "summary_en": "The Constitutional Chamber hears an amparo filed by an elderly person with a son with Down syndrome against the Municipality of Desamparados and the Ministry of Health. The petitioner alleges that since 2022 a sewage pipe adjacent to her home has caused foul odors, landslides, and mosquito breeding grounds, without resolution. After inspections, the Ministry of Health confirmed a broken stormwater pipe causing soil undermining and contamination, and issued health orders to the water utility (AyA) and the social welfare institute (IMAS). The Court finds the Ministry acted within its powers, but the Municipality failed to repair the pipe despite being notified in June 2023. This omission violates Article 50 of the Constitution (right to a healthy environment) and Article 169 (municipal duty over local services). The amparo is partially granted: the mayor is ordered to repair the pipe within six months and coordinate with AyA to prevent sewage discharges into the stormwater system.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1240159.json", "html_url": "/legal/doc/nexus-sen-1-0007-1240159", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1240159" }, { "id": "nexus-sen-1-0007-1240162", "citation": "Res. 19586-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC lacks authority to authorize urban tree felling", "title_es": "SINAC carece de competencia para autorizar tala de árboles urbanos", "summary_en": "The Constitutional Chamber granted an amparo against SINAC for issuing a felling permit for a cedar tree at a condominium entrance in Heredia. The Chamber held that the tree was not in forest land or a forest plantation but in an urban ornamental area, making authorization under Articles 19 and 28 of the Forestry Law improper. Jurisdiction to decide on the felling of hazardous urban trees belongs to the agrarian courts through the summary demolition proceeding under Article 108 of the Civil Procedure Code, not to SINAC. The permit was annulled, SINAC was warned to refrain from issuing permits outside legal cases, and it was ordered to pay costs and damages. The claim against the Municipality of Heredia was dismissed, as it only ordered sidewalk repair.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1240162.json", "html_url": "/legal/doc/nexus-sen-1-0007-1240162", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1240162" }, { "id": "nexus-sen-1-0007-1240445", "citation": "Res. 16311-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Summary dismissal of amparo on broadcasting concession renewal", "title_es": "Rechazo de plano de amparo sobre prórroga de concesiones de radiodifusión", "summary_en": "The Constitutional Chamber dismissed outright an amparo action against the Presidency of the Republic and MICITT that challenged the failure to automatically renew broadcasting concessions and a draft decree proposing a one-year extension. The majority held that determining whether a subjective right to automatic renewal exists is a matter of ordinary legality to be resolved in the administrative or contentious-administrative jurisdiction, not in this summary proceeding. It also found claims about future and uncertain events (a possible “blackout”) inadmissible because the concession was still in force. Regarding the lack of response to the renewal request, the Chamber ruled that verifying compliance with administrative deadlines is a legality issue for the contentious-administrative courts, which now provide expeditious mechanisms. Justice Garro Vargas added a separate opinion emphasizing that, even with fundamental rights at stake, amparo is inadequate due to the case’s evidentiary and technical complexity. Justice Rueda Leal dissented, arguing that broadcasting and freedom of expression warranted hearing the amparo to examine potential constitutional violations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1240445.json", "html_url": "/legal/doc/nexus-sen-1-0007-1240445", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1240445" }, { "id": "nexus-sen-1-0007-1240879", "citation": "Res. 20382-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Obligation of ICAA to guarantee continuous drinking water supply in the face of structural shortage problem", "title_es": "Obligación del ICAA de garantizar suministro continuo de agua potable ante problema estructural de desabastecimiento", "summary_en": "The Constitutional Chamber grants an amparo action against the Costa Rican Institute of Aqueducts and Sewers (ICAA) for violating the fundamental right of access to drinking water of residents of the Monte Sion urbanization in Guácima de Alajuela. The ruling finds that the community has suffered daily and prolonged service interruptions since December 2023, receiving water only a few hours a day with insufficient pressure. Although the ICAA argued factors such as the dry season and technical problems, the Chamber determines –based on reports from the Comptroller General of the Republic and ARESEP– that there is a structural problem of inefficiency in the management of the investment project portfolio, 57% water losses, defective meters, and lack of planning, which aggravates rationing. The ICAA is ordered to immediately guarantee sufficient daily supply when interruptions exceed 6 hours, and within a maximum of 18 months to implement the necessary measures so that the service in the canton of Alajuela is provided efficiently, effectively, and continuously. The ICAA is condemned to pay costs, damages, and losses.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "19/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1240879.json", "html_url": "/legal/doc/nexus-sen-1-0007-1240879", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1240879" }, { "id": "nexus-sen-1-0007-1240880", "citation": "Res. 20432-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of indigenous housing bonds due to repeal of forestry regulation", "title_es": "Suspensión de bonos de vivienda indígena por derogatoria de reglamento forestal", "summary_en": "The Constitutional Chamber hears an amparo filed by the president of an Indigenous Development Association against Banhvi and MINAE. The petitioner claims that Banhvi, by memo dated May 9, 2024, suspended the construction of indigenous housing using timber from indigenous territories, based on the fact that Executive Decree 27800-MINAE (Forest Resource Use Regulation in Indigenous Reserves) was declared unconstitutional by the Chamber in 2016 for lacking prior consultation with indigenous peoples. The extended validity period expired and MINAE did not carry out the consultation. Banhvi temporarily suspended the processing of family housing bonds using timber from indigenous reserves, pending clarification from MINAE and the Chamber. The petitioner argues this violates indigenous rights, the right to housing, and the right to work. The Chamber dismisses the appeal, finding that the suspension was a legitimate preventive measure in the face of legal and environmental uncertainty, and that an unreasonable period had not elapsed between the suspension and the filing of the amparo.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "indigenous-law-6172", "procedural-environmental" ], "date": "19/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1240880.json", "html_url": "/legal/doc/nexus-sen-1-0007-1240880", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1240880" }, { "id": "nexus-sen-1-0007-1241181", "citation": "Res. 06251-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of Forest Reserve Included in Budget Law", "title_es": "Anulación de reserva forestal contenida en ley de presupuesto", "summary_en": "The Constitutional Chamber annuls as unconstitutional Article 26 of the Ordinary Budget Law of 1986 (Law 7018), which created the Río Pacuare Forest Reserve. The Chamber finds that it is an atypical norm, since its content—declaring a forest reserve—is unrelated to the strictly budgetary matters that budget laws must address, according to constitutional case law. Including substantive and permanent norms in a budget law violates the special procedure for budget laws and the ordinary legislative procedure, thus constituting a constitutional defect. However, the Chamber clarifies that the annulment does not leave the area environmentally unprotected, because the same area is covered by the Río Pacuare Protective Zone created by Executive Decree 16815-MAG, whose boundaries fully coincide and which remains in full force and protection under the Forestry Law and Article 50 of the Constitution. The unconstitutionality action brought by a company seeking a quarrying concession in that area is upheld.", "primary_topic_id": null, "topic_ids": [], "date": "06/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241181.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241181", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241181" }, { "id": "nexus-sen-1-0007-1241313", "citation": "Res. 01774-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with order to build sidewalks on vacant lot", "title_es": "Incumplimiento de orden sobre construcción de aceras en lote baldío", "summary_en": "The Constitutional Chamber addresses a non-compliance claim filed by a resident of Goicoechea regarding a prior ruling that ordered the Municipality and the Ministry of Health to resolve pollution and missing sidewalks on vacant lots in Purral. The plaintiff alleges the lot remains abandoned, with garbage, squatters, and animals, and the sidewalks have not been fully built. The Chamber verifies that the dust and garbage issue was resolved, but the omission to build sidewalks persists. The claim is partially granted: the Chamber orders immediate compliance with the 2018 ruling regarding the construction of missing sidewalks on the specified lots, under warning of sanctions per Article 71 of the Constitutional Jurisdiction Law. The rest of the claim is dismissed, reiterating that complaints about insecurity and drug addiction should be directed to the Public Police Force.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241313.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241313", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241313" }, { "id": "nexus-sen-1-0007-1241337", "citation": "Res. 01836-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo against La Esperanza vertical condominium in Naranjo", "title_es": "Amparo ambiental contra condominio vertical La Esperanza en Naranjo", "summary_en": "The Constitutional Chamber denies an amparo filed by a neighbor against the Municipality of Naranjo and SETENA, challenging the authorization of the 'La Esperanza Vertical Condominium' project. The petitioner alleged threats to springs, streams, and biodiversity, insufficient road access and drinking water, and lack of an environmental impact study. The Chamber verifies that SETENA granted environmental viability through resolution 1547-2022-SETENA, based on a D1 document and environmental commitments, ruling out impacts on rivers or wetlands according to geospatial and biological analysis. As for road access, evacuation plans, and water availability, the Court declines jurisdiction, noting these issues fall under ordinary administrative and judicial venues. Regarding the petitioner's prior inquiry to SETENA, where the file was initially not found, the Chamber notes the information is now available digitally. Finally, it excludes BANHVI's funding from its review. It concludes the amparo is without merit and denies it.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554", "water-law" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241337.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241337", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241337" }, { "id": "nexus-sen-1-0007-1241338", "citation": "Res. 01838-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "MINAE must respond to environmental information requests within a reasonable time", "title_es": "El MINAE debe responder solicitudes de información ambiental en un plazo razonable", "summary_en": "In this ruling, the Constitutional Chamber reviews a writ of amparo filed by a group of citizens against the Ministry of Environment and Energy (MINAE), claiming that the institution had failed to respond to an environmental information request submitted in September 2023. The detailed and extensive request concerned progress in various climate action areas derived from nationally determined contributions under the Paris Agreement. The Chamber finds that MINAE responded to the request only on December 13, 2023, after being notified of the admission of the amparo. Consequently, the court grants the amparo, finding a violation of the fundamental right of access to information, and rules that, since the response was provided during the amparo proceedings, the grant is solely for purposes of indemnification and costs, if applicable. The majority of the Chamber concludes that in this case there is no award of costs, damages, or losses; however, two justices partially dissent, ordering the abstract award of damages and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241338.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241338", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241338" }, { "id": "nexus-sen-1-0007-1241343", "citation": "Res. 01854-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental complaints without identification of polluters do not compel ex officio investigation", "title_es": "Denuncia ambiental sin identificación de responsables no obliga a investigación de oficio", "summary_en": "The Constitutional Court reviewed an amparo action against the Ministry of Health and the Municipality of Santa Ana for their alleged failure to address a complaint of water contamination in the Quebrada Rodríguez. The plaintiffs argued that the authorities refused to investigate because the specific polluting properties were not identified. The Court examined the actions taken and concluded that both entities conducted on-site inspections, repeatedly asked the complainants for help in identifying the contamination sources, and found insufficient evidence to initiate a formal proceeding. It held that the complaint was not a simple request for information but required technical assessments; therefore, the two-month period under Article 261 of the General Public Administration Law had not expired when the amparo was filed, making it premature. It added that the authorities were not negligent, as they performed joint actions and requested additional information from the complainants without response. It concluded that there was no violation of the fundamental rights to a healthy environment or health, and that dissatisfaction with the outcomes should be raised before the administrative courts. The amparo was denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241343.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241343", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241343" }, { "id": "nexus-sen-1-0007-1241352", "citation": "Res. 01874-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Acosta Activa Project Does Not Destroy Sports Field or Violate Right to Sport", "title_es": "Proyecto Acosta Activa no destruye cancha ni vulnera derecho al deporte", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of Acosta against the Municipality, arguing that the \"Acosta Activa\" project would destroy the soccer field on a public domain property designated as a sports plaza, violating their right to sport and recreation. The municipal authority reports that the project does not destroy the field but diversifies the use of the space with new facilities for other sports and cultural activities, without removing its public status or restricting public access. The Chamber finds no proof of the alleged destruction and holds that the proposal, far from impairing the right to sport, actually expands it by allowing other practices in line with reformed Article 89 of the Constitution. The appeal is dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241352.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241352", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241352" }, { "id": "nexus-sen-1-0007-1241383", "citation": "Res. 01938-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo due to administrative delay in road-width review", "title_es": "Inadmisibilidad del amparo por mora administrativa en revisión de anchos viales", "summary_en": "The Constitutional Chamber flatly dismisses an amparo filed by a citizen who complained of delay by the National Roads Council and the MOPT's Road Inspection Department in resolving a request to review road widths in central La Fortuna. The petitioner alleged violations of Articles 27, 39 and 41 of the Constitution and vaguely mentioned harm to the Biodiversity Law. The Chamber finds that this is not a request for information protected under Article 27, but a complaint of delayed administrative justice. It applies the precedent set since 2008, under which administrative delays must be litigated in the contentious-administrative jurisdiction, save for exceptions not demonstrated here. The dissenting vote holds that administrative delay is an injury to fundamental guarantees that the Chamber should protect directly, but the majority sends the petitioner to the contentious-administrative forum.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "biodiversity-law-7788" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241383.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241383", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241383" }, { "id": "nexus-sen-1-0007-1241423", "citation": "Res. 02044-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Unauthorized Logging and Damages Claim Rejected", "title_es": "Recurso de amparo por tala sin permiso y reclamo de daños rechazado de plano", "summary_en": "The Constitutional Chamber summarily dismissed an amparo action filed by the owner of a farm in Limón, who alleged that employees of the Costa Rican Electricity Institute (ICE) entered her property without permission in 2019 and 2020 and cut down approximately 186 timber trees. The petitioner sought compensation for ecological, environmental, and economic damages, including the drying up of a water source, and requested that the Ministry of Environment and Energy conduct an expert appraisal to quantify the damages and that ICE renegotiate the easement contract. The Chamber held that the case did not directly involve fundamental rights but rather an ordinary legality dispute that must be resolved before the Administration itself or in the contentious-administrative jurisdiction. The constitutional court clarified that it is not a legality controller and cannot determine damages or order compensation as requested. The ruling dismissed the amparo without considering the merits, stating that the petitioner may assert her claims before administrative or ordinary judicial authorities.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241423.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241423", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241423" }, { "id": "nexus-sen-1-0007-1241538", "citation": "Res. 00363-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of Time Extension Due to Grave Noncompliance on Route 304", "title_es": "Denegatoria de ampliación de plazo por desobediencia grave en ruta 304", "summary_en": "The Constitutional Chamber denies CONAVI’s request for a further extension to comply with ruling 2020-002416, which ordered the construction of sidewalks, road alignment, and stormwater drainage on Route 304 between EBAIS El Llano and Bar Que Toque. Despite a previous extension and a finding of noncompliance, the respondent authorities (MOPT, CONAVI, and the Municipality of Desamparados) have not defined or scheduled the necessary works. The Chamber notes 46 months of noncompliance, lack of coordination, and an ongoing jurisdictional dispute over wastewater discharge. It rules that the new request merely seeks time to develop designs, not to carry out the works, perpetuating uncertainty about a definitive solution. The request is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241538.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241538", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241538" }, { "id": "nexus-sen-1-0007-1241539", "citation": "Res. 00364-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Repeated Disobedience by Garabito Municipality for Irregular Construction and Logging in Cerro Fresco", "title_es": "Desobediencia reiterada de la Municipalidad de Garabito por construcciones irregulares y tala en Cerro Fresco", "summary_en": "The Constitutional Chamber hears a second disobedience proceeding against the Municipality of Garabito for failing to comply with an order to address a complaint about irregular constructions, logging, and illegal well exploitation in Hermosa Hills, Cerro Fresco. The Municipality reported conducting inspections, filing criminal complaints with the Agrarian Environmental Prosecutor and an administrative procedure before the Environmental Administrative Tribunal, and halting construction. However, the Chamber finds these actions were not communicated to the complainant, so it grants the motion. Because this is the second disobedience by Mayor Tobías Murillo Rodríguez, the Chamber orders certification of the record to the Public Prosecutor for the crime of non-compliance under Article 71 of the Constitutional Jurisdiction Law. The new Technical Services Coordinator is ordered to comply with the original judgment. The motion against the Health Area is dismissed, as it had already been determined to be compliant.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241539.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241539", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241539" }, { "id": "nexus-sen-1-0007-1241542", "citation": "Res. 00370-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noise from El Lagar hardware store does not violate fundamental rights", "title_es": "Ruido de ferretería El Lagar no vulnera derechos fundamentales", "summary_en": "The Constitutional Chamber dismisses an amparo appeal against the Ministry of Health and the Municipality of Alajuela for alleged failure to address complaints of noise and environmental pollution from the commercial establishment El Lagar. The appellant claimed that noise, truck emissions, and road obstruction affected her health and her family's telework and virtual classes. The Chamber finds that both institutions acted within their powers: the municipality verified land use and the business license, and recommended mitigation measures that were implemented; the Ministry of Health issued health orders and inspections, leading to the closure of the materials yard and verification of improvements. Since no subsequent unattended complaints or current omission exist, no violation of fundamental rights is found. Justices Castillo and Salazar add notes on ordinary administrative jurisdiction and the relevance of Article 50 of the Constitution in environmental matters.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241542.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241542", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241542" }, { "id": "nexus-sen-1-0007-1241544", "citation": "Res. 00373-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water Shortage in Paraíso Sur Due to Objective Causes Not a Constitutional Violation", "title_es": "Falta de agua en Paraíso Sur por causas objetivas no es lesión constitucional", "summary_en": "The Constitutional Chamber denied an amparo action filed by residents of southern Paraíso against the Municipality of Paraíso. The petitioners alleged a violation of their fundamental rights due to a lack of potable water, which they attributed to the construction of a new condominium and the municipality's lack of planning. The Chamber found that the water shortage stemmed from objective causes: a 68% decrease in spring production since January 2023, a reduced flow from the Cartago water treatment plant (32 l/s instead of the allocated 50 l/s), and pipeline blockages caused by a stone and buried valves. The Municipality, both before and after notification of the amparo, had undertaken corrective measures such as replacing pipelines, clearing lines, contracting a deep well, and distributing water via tanker trucks. In line with its established case law, the Chamber held that the authorities acted within their material means, without illegitimacy or arbitrariness, and therefore the petitioners' fundamental rights were not violated.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241544.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241544", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241544" }, { "id": "nexus-sen-1-0007-1241557", "citation": "Res. 00404-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water Availability Denied by ASADA Due to Lack of Technical Feasibility", "title_es": "Disponibilidad de agua potable denegada por ASADA sin factibilidad técnica", "summary_en": "The Constitutional Chamber rejects an amparo filed by a company against the Matapalo ASADA and ICAA. The claimant argued that a water service availability certificate had been granted and its later denial based on lack of technical feasibility violated fundamental rights. The Chamber, following its precedent, held that the denial was not arbitrary, as it was grounded on a 2020 ICAA technical recommendation declaring the aqueduct deficit area. It also warned that disputes over the validity of certificates signed by the president without board approval must be pursued through ordinary remedies. Justice Rueda Leal filed a separate opinion, arguing the amparo should have been flatly rejected because no essential link between the legal entity and a natural person was demonstrated, in line with Inter-American Court doctrine.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241557.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241557", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241557" }, { "id": "nexus-sen-1-0007-1241560", "citation": "Res. 00409-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Technical closure of municipal landfill not reviewable via amparo", "title_es": "Cierre técnico de vertedero municipal no es revisable en amparo", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by the owner of a property used as a municipal dump in Pérez Zeledón for 25 years. The plaintiff claimed the municipality had abandoned the land, failed to complete the ordered technical closure, and hollowed out her property rights, seeking compensation and environmental measures. The Court denied the appeal on two main grounds: first, the contractual dispute over lease and compensation is a matter of ordinary legality to be resolved in the proper civil or administrative jurisdiction, not through constitutional review. Second, the Ministry of Health certified under oath that the technical closure works were executed, that the landfill has not received waste for over 20 years, and that it currently poses no health or environmental risk. The Court stressed that it is not a legality controller and cannot substitute the technical criteria of the Administration.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241560.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241560", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241560" }, { "id": "nexus-sen-1-0007-1241563", "citation": "Res. 00414-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to timely administrative justice in municipal infrastructure claims", "title_es": "Derecho a justicia administrativa pronta en gestiones sobre infraestructura municipal", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Cartago for failing to respond to a July 2022 request for road repairs and community works. The petitioner alleged a violation of the right to timely and effective justice (Article 41 of the Constitution). The Chamber clarified that, although the general rule is to refer such matters to the administrative litigation courts, an exception applies here because risks to life and physical integrity from infrastructure problems were claimed. It was proven that the municipality did not resolve the request until after being notified of the amparo's admission; thus, the violation occurred but ceased before the ruling. Consequently, the amparo was granted solely to recognize the infringement, but without awarding costs, damages, or compensation under Article 52 of the Constitutional Jurisdiction Law. Partial dissents argued that abstract condemnation for damages and costs should have been ordered.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241563.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241563", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241563" }, { "id": "nexus-sen-1-0007-1241571", "citation": "Res. 00387-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Communal sports center in El Achiote not enforceable through amparo", "title_es": "Centro deportivo comunal en El Achiote no es exigible por vía de amparo", "summary_en": "The Constitutional Chamber rejects an amparo action against the Municipality of Grecia, INDER, and the Comptroller General for failing to build a sports center in El Achiote. The petitioner argued the community lacks sports facilities, harming the elderly and disabled. The Chamber finds the project stalled because the Integral Development Association of Calle El Achiote failed to meet legal and administrative requirements imposed by INDER, which deemed the project unfeasible. The petitioner had not filed direct claims with the authorities. Applying a prior precedent (Decision 2023-024174), where DINADECO denied funding due to the same association's noncompliance, the Chamber reiterates it is not a complaint-processing body and denies the amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241571.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241571", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241571" }, { "id": "nexus-sen-1-0007-1241735", "citation": "Res. 00737-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility for failure to comply with order regarding different document", "title_es": "Inadmisibilidad por incumplimiento de prevención sobre oficio distinto", "summary_en": "The Constitutional Chamber summarily rejected this amparo appeal for failure to comply with a court order. The appellant claimed a lack of response to an official communication (AEL-00156-2023) whereby he requested information on the composition of the Regional Environmental Council of the Caribbean Environmental Conservation Area (ACLAC). The Chamber ordered him to submit a complete copy of that communication with proof of receipt. Although the appellant subsequently filed documents, they pertained to a different communication (AEL-00157-2023), thus failing to satisfy the order regarding the communication cited in the initial filing. Based on Article 42 of the Constitutional Jurisdiction Law, the Chamber declared the appeal inadmissible, without prejudice to the party's right to file a new one if deemed appropriate. The ruling does not examine the merits of the alleged omission but confines itself to noting the uncorrected procedural defect.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241735.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241735", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241735" }, { "id": "nexus-sen-1-0007-1241756", "citation": "Res. 00804-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Waste disposal invoice payment and administrative delay", "title_es": "Pago de factura por disposición de residuos y mora administrativa", "summary_en": "The petitioner company filed an amparo action against the Municipality of Paraíso for non-payment of an invoice for final solid waste disposal services rendered in December 2021, and for failure to respond to an administrative claim filed in June 2023. The Constitutional Chamber dismissed the action outright by majority, holding that determining compliance with statutory deadlines for resolving administrative procedures is a matter of ordinary legality to be heard by the contentious-administrative jurisdiction, which provides swift and effective mechanisms. Dissenting votes and alternative reasoning were registered: Justice Cruz Castro considered that administrative delay violates the right to prompt and complete justice and should be heard by this Chamber; Justice Rueda Leal found the amparo inadmissible for failing to demonstrate the essential link between the legal entity and the natural person whose fundamental rights are allegedly infringed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241756.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241756", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241756" }, { "id": "nexus-sen-1-0007-1241839", "citation": "Res. 01084-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with amparo over Barranca River", "title_es": "Incumplimiento de amparo sobre el río Barranca", "summary_en": "The Constitutional Chamber addresses a non-compliance filing regarding amparo 23-014766-0007-CO, which had ordered the Municipality of Puntarenas and the Directorate of Geology and Mines of MINAE to form an interinstitutional commission and design a plan to address erosion on the banks of the Barranca River, specifically at Terrón del Colorado or Vuelta del Sapo. The Chamber finds that the authorities have not formed the ordered commission; although the Directorate of Geology and Mines claims to have held meetings and proposed an Intervention Plan via official letter DGM-CMPC-243-2023, this responds to a mining concession extension procedure (file 13-2016), not to the order to create an interinstitutional solution for the reported problem. The Municipality of Puntarenas reports having unsuccessfully requested the meeting. The Chamber grants the filing and reiterates immediate compliance with the judgment, warning of opening administrative proceedings against the Director of Geology and Mines and sending certified copies to the Public Prosecutor’s Office against the Mayor of Puntarenas for disobedience.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241839.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241839", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241839" }, { "id": "nexus-sen-1-0007-1241851", "citation": "Res. 01114-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Garbage collection in informal settlement and right to a healthy environment", "title_es": "Recolección de basura en precario y derecho a un ambiente sano", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of an informal settlement (Martina Bustos, Liberia) against the Municipality of Liberia for lack of garbage collection, waste accumulation, clandestine dumps, and pollution. Petitioners claim violation of the right to a healthy and ecologically balanced environment. The municipality defends itself by arguing that service can only be provided at the request of the registered owner, who has not been contacted, and that there are no economic or technical resources to expand routes. The Chamber finds the municipality has acted: it has conducted technical studies, analyzed tariff options, and the Municipal Council approved the purchase of a garbage truck for 2024, including expansion of the route to the settlement. It concludes there is no unjustified omission and the municipality has acted within its powers, urging it to continue its efforts. The amparo is dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241851.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241851", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241851" }, { "id": "nexus-sen-1-0007-1241852", "citation": "Res. 01115-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to Petition and Timely Response in Environmental Complaints", "title_es": "Derecho de petición y pronta respuesta en denuncias ambientales", "summary_en": "The Constitutional Chamber hears an amparo action filed by a resident of Mata de Plátano, Goicoechea, against the Municipality of Goicoechea and SINAC. The petitioner claims that the Municipality responded incompletely or failed to answer various requests for information regarding permits, land use, coverage, and regulatory compliance of a plastic bag factory and collection centers adjacent to the Patalillo stream protection zone, and that SINAC took over three months to address an environmental complaint filed via SITADA. The Chamber finds that municipal responses were not formal, concise, or direct, merely forwarding internal memos, and that SINAC delayed the inspection and notification until after the amparo was notified. It grants the amparo in both cases, ordering the Municipality to fully resolve all pending requests within ten days, and also granting relief against SINAC for the delay but without costs, as the omission was cured during proceedings. The decision includes dissenting votes on the Chamber's jurisdiction over environmental legality issues and on the award of damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "19/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241852.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241852", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241852" }, { "id": "nexus-sen-1-0007-1241864", "citation": "Res. 01139-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Municipality of Talamanca for flooding from stormwater and sewage at hotel", "title_es": "Recurrente contra Municipalidad de Talamanca por inundaciones de aguas pluviales y residuales en hotel", "summary_en": "The Constitutional Chamber dismisses an amparo filed by the owner of Hotel Puerto Viejo against the Municipality of Talamanca. The claimant alleges that for seven years his property has flooded with stormwater and sewage every time it rains, due to the illegal closure of a drain by a neighbor and municipal inaction. The Chamber finds that the Ministry of Health has followed up on the complaint since 2017, issuing sanitary orders, and that the Municipality has a deadline until May 2024, granted by the Ministry, to build a stormwater drainage system to solve the problem in the entire Puerto Viejo area. It is proven that both authorities have acted within their competencies, so no fundamental rights violation is established. The Chamber notes that the claimant must also connect his wastewater to the treatment plant. In environmental matters with administrative intervention, the proper venue is the administrative contentious jurisdiction, but the Chamber reviews the merits due to the impact on health and a healthy environment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241864.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241864", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241864" }, { "id": "nexus-sen-1-0007-1241877", "citation": "Res. 01160-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber denies amparo over noise pollution from bar in Alajuela", "title_es": "Sala rechaza amparo por contaminación sónica de bar en Alajuela", "summary_en": "The petitioners, affected by excessive noise from a neighboring bar in San Rafael de Alajuela, filed an amparo against the Ministry of Health and the Municipality of Alajuela for alleged inaction on their noise-pollution complaint. The Constitutional Chamber verified that both authorities had acted: the Ministry had taken measurements since 2018, issued health orders and warnings, and the Municipality had revoked permits and denied new applications. Although the situation persisted for years and the establishment changed its name, the Chamber found no neglect. Consequently, it dismissed the amparo, referring any dispute over procedural delays to the Administrative Court. Justices Castillo and Salazar added separate notes on their views regarding the proper venue for environmental and administrative matters.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1241877.json", "html_url": "/legal/doc/nexus-sen-1-0007-1241877", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1241877" }, { "id": "nexus-sen-1-0007-1242075", "citation": "Res. 01531-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Partial enforcement of environmental measures in Isla Chira", "title_es": "Cumplimiento parcial de medidas ambientales en Isla Chira", "summary_en": "The Constitutional Chamber rules on a second non-compliance claim regarding Judgment No. 2023019610, which ordered the Municipality of Puntarenas to take immediate measures to mitigate pollution on Isla Chira, educate the community about waste management, and guarantee a regular waste collection service. The petitioner claims that points 1 (immediate measures) and 2 (education) have not been complied with. After reviewing the municipal reports, the Court finds that, although waste collection is scheduled to start on January 26, 2024, no concrete provisional measures to immediately mitigate pollution have been implemented, thus non-compliance with point 1 continues. Regarding point 2, the Court determines that meetings, calls, and flyer distribution have been carried out to educate the population, so the non-compliance claim on this point is denied. The claim is partially granted, reiterating compliance with point 1 under warning of disciplinary proceedings and referral of the case to the Public Prosecutor's Office.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1242075.json", "html_url": "/legal/doc/nexus-sen-1-0007-1242075", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1242075" }, { "id": "nexus-sen-1-0007-1242109", "citation": "Res. 01620-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Internship in Private Centers Not Reviewable Via Amparo", "title_es": "Internado en centros privados no es revisable en amparo", "summary_en": "The Constitutional Chamber flatly rejects an amparo action filed by medical students of the University of Medical Sciences (UCIMED) who sought authorization to carry out their clinical internship in private hospitals, having failed to obtain a clinical placement in the Costa Rican Social Security Fund (C.C.S.S.) by not meeting the required score on the IFOM exam. The Chamber holds that the claim does not involve the direct protection of a fundamental right but rather the interpretation of contractual clauses and university regulations, matters that fall under ordinary legality. Following its precedent in ruling 2021-5444, the Chamber states that it is not its role to determine whether the university must allow internships in private centers or to review academic criteria and applicable requirements. It notes that the petitioners may resort to the university itself, the National Council of Private Higher Education (CONESUP), or the ordinary courts. As to the allegation of discrimination, the Chamber finds that no specific elements of comparison were provided to assess the alleged inequality. The action is declared inadmissible.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1242109.json", "html_url": "/legal/doc/nexus-sen-1-0007-1242109", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1242109" }, { "id": "nexus-sen-1-0007-1242170", "citation": "Res. 01730-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience in Drinking Water Supply to Andrómeda III", "title_es": "Desobediencia en abastecimiento de agua potable a Andrómeda III", "summary_en": "The Constitutional Chamber hears a disobedience claim filed by a resident of Andrómeda III de Atenas against AyA and the Balsa de Atenas ASADA for failing to comply with ruling 2019-4056, which ordered them to solve the community's intermittent drinking water shortage within 18 months and in the meantime guarantee supply via tanker trucks. Five years later, despite AyA's report of progress on technical studies, environmental viability, social outreach and project design, the Chamber finds that the deadline expired in September 2020 and the situation remains unresolved, thus grants the disobedience claim. It reiterates the order of immediate compliance to both authorities, warning that administrative proceedings will be opened against them if they fail to comply, and applies Article 45 of the Constitutional Jurisdiction Law due to the ASADA's failure to submit its report.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "24/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1242170.json", "html_url": "/legal/doc/nexus-sen-1-0007-1242170", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1242170" }, { "id": "nexus-sen-1-0007-1242239", "citation": "Res. 00025-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to Health of Detainees and Transfer Conditions", "title_es": "Derecho a la salud de privados de libertad y condiciones de traslado", "summary_en": "The Constitutional Chamber hears an amparo filed by a person deprived of liberty at the Jorge Arturo Montero Castro Institutional Care Center, who alleges violation of his right to health by the Ministry of Justice and Peace. The petitioner claims he was not timely transferred to medical appointments at San Rafael de Alajuela Hospital, has not received dental or ophthalmological care despite requests, and was discharged from the Pain Clinic without an in‑person evaluation. He also challenges the condition of the transfer vehicles and the use of restraints. The Chamber analyzes the sworn reports and finds that the petitioner chose not to attend the appointments, that medical care was provided according to specialists' criteria, and that the inmate did not submit formal requests for dental care. Regarding the vehicles and security measures, the Chamber finds them adequate and the use of handcuffs a legitimate and proportionate measure. Therefore, the amparo is denied as no violation of fundamental rights is proven. Justices Cruz Castro and Rueda Leal, and Justice Garro Vargas, file separate notes clarifying that they proceed on the merits due to the importance of the right to health, without referring the case to the Sentence Enforcement Judge as is their usual practice.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1242239.json", "html_url": "/legal/doc/nexus-sen-1-0007-1242239", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1242239" }, { "id": "nexus-sen-1-0007-1242339", "citation": "Res. 00304-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience of infrastructure order for school at landslide risk", "title_es": "Desobediencia a orden de infraestructura en centro educativo con riesgo de deslizamiento", "summary_en": "The Constitutional Chamber rejects a new request for extension of time filed by the Ministry of Public Education (MEP) to carry out infrastructure works ordered in ruling 2021013195, which sought to address the landslide risk at the Vázquez de Coronado Technical High School. The original ruling, issued in June 2021, granted 18 months to provide a definitive solution; the deadline expired in December 2022. The MEP failed to comply and had already requested—and been denied—an extension in 2022 and a partial disobedience finding in April 2023. In that latter decision, the Chamber reiterated the order for immediate compliance. Now, in January 2024, the MEP requests an additional 18 months, citing progress in contracting professional services. The Chamber finds the request excessive and disproportionate, given that the problem dates back to 2016 and the original deadline expired over a year ago. It denies the request and upholds the compliance order under warning of sanctions provided in Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1242339.json", "html_url": "/legal/doc/nexus-sen-1-0007-1242339", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1242339" }, { "id": "nexus-sen-1-0007-1242638", "citation": "Res. 21461-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Operation of a rubble dump without environmental and sanitary permits", "title_es": "Operación de escombrera sin permisos ambientales y sanitarios", "summary_en": "The Constitutional Chamber heard an amparo action filed by a resident of Santo Domingo de Heredia against the Municipality and the local Health Governing Area. The plaintiff claimed that since 2021, the Montano Pit—a MOPT-owned property adjacent to the Virilla River—had been used as a rubble dump for the North Circunvalación project without the required sanitary and environmental permits, causing pollution and traffic congestion. The Chamber found that, although the main project had environmental viability, the rubble dump was a new activity that had to comply with applicable legal and regulatory requirements. It held that both the Municipality and the Health Area failed to act in a timely manner to demand such permits, allowing the irregular operation to continue for more than three years. The appeal was granted, ordering the respondent authorities to definitively and legally resolve the claimed environmental problem within two months. The Chamber clarified that challenges regarding the granting and scope of the permit to the contractor are matters of ordinary legality and were not addressed in this constitutional ruling.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "30/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1242638.json", "html_url": "/legal/doc/nexus-sen-1-0007-1242638", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1242638" }, { "id": "nexus-sen-1-0007-1242643", "citation": "Res. 21414-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Eviction and relocation in uninhabitable La Mandarina zone, Atenas", "title_es": "Desalojo y reubicación en zona inhabitable de La Mandarina, Atenas", "summary_en": "The Constitutional Chamber granted the amparo petition filed by a resident of La Mandarina, Atenas de Alajuela, for violation of her rights to health, physical integrity, and a healthy and ecologically balanced environment. The area was declared uninhabitable after a landslide in 2007 that caused several deaths. Although the Ministry of Health and the Municipality of Atenas began eviction and demolition proceedings in 2011, thirteen years later the problem persists: the petitioner and other families have not been relocated, informal settlements with illegal electrical connections have emerged, and there is inadequate wastewater management. The Chamber found omission and lack of coordination by the respondent authorities, who suspended evictions without providing housing solutions. It ordered eviction and relocation within a maximum of twelve months, as well as palliative measures for contaminated water and illegal connections. The petition was rejected with respect to the National Commission for Risk Prevention and Emergency Response. Magistrate Garro Vargas issued a partial dissenting vote on the enforcement phase, considering it should be remitted to the Administrative Litigation Court.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "30/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1242643.json", "html_url": "/legal/doc/nexus-sen-1-0007-1242643", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1242643" }, { "id": "nexus-sen-1-0007-1242644", "citation": "Res. 21401-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to public hearing and publication of the Pérez Zeledón regulatory plan", "title_es": "Acceso a audiencia pública y publicación del plan regulador de Pérez Zeledón", "summary_en": "The Constitutional Chamber denied an amparo action against the Municipality of Pérez Zeledón, which alleged violations of the principles of publicity and citizen participation in the regulatory plan implementation process. The petitioner, a resident of the canton, argued that information about the plan was only available electronically, excluding those without technological access, and that the notice of a public hearing with limited capacity restricted participation. The Chamber verified that the municipality published the draft regulation and the notice in the official gazette La Gaceta, made all plan documentation available to the public more than 15 days in advance, and offered multiple registration channels (email, letter, in-person form) for the hearing, which was broadcast live on YouTube. In addition, district workshops were held and observations were allowed after the hearing. The Chamber reiterated that a full environmental impact study is not required at preliminary stages before final approval, although it reminded the local authority that every regulatory plan must include such an assessment and the final project must be submitted to a public hearing with the corresponding studies.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1242644.json", "html_url": "/legal/doc/nexus-sen-1-0007-1242644", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1242644" }, { "id": "nexus-sen-1-0007-1243375", "citation": "Res. 21942-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Lack of treatment plants and sewerage in Quepos, Golfito, and Garabito", "title_es": "Falta de plantas de tratamiento y alcantarillado en Quepos, Golfito y Garabito", "summary_en": "The Constitutional Chamber hears an amparo against the Costa Rican Institute of Aqueducts and Sewers (AyA), the Ministry of Finance, and the municipalities of Golfito, Quepos, Garabito, and Palmares, for the lack of wastewater treatment plants and sanitary sewerage in those localities, despite their inclusion in the Priority Zones Sanitation Program financed by a KfW loan. The Chamber finds that, despite the loan being approved by law in 2019, AyA had critical execution (0.04% disbursed by July 2023), failed to present the action plan requested by the Ministry of Finance since 2022, and did not design alternatives after the credit closure decision. The municipalities also took no concrete action. The Ministry of Finance is exonerated, as its actions fell within its public debt management authority. The amparo is partially granted for violation of the right to a healthy and ecologically balanced environment (Article 50). AyA and the municipalities of Quepos, Golfito, and Garabito are ordered to manage and coordinate construction within 18 months, allocate budget, and provide a timeline to the petitioner, with a maximum of 2 years for completion. The Ministry of Health must oversee compliance. The Palmares claim is severed to a prior case (2003) where a ruling already exists.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "water-law" ], "date": "01/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243375.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243375", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243375" }, { "id": "nexus-sen-1-0007-1243381", "citation": "Res. 22136-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Cell tower installation not amenable to amparo review", "title_es": "Instalación de antena de telecomunicaciones no tutelable en amparo", "summary_en": "The Constitutional Chamber dismisses on the merits an amparo action filed by the representative of a company owning a residential property against the Municipality of Alajuela concerning the construction of a cell tower in front of the property. The petitioner argued the tower obstructs free passage and violates fundamental rights. The Chamber reiterates its established case law (decisions 2019-020958 and 2024-012877) that telecommunications infrastructure is a matter of national public interest, prevailing over local or municipal interests, and that there is no scientific evidence of health or environmental risks from cell towers. Therefore, any disagreement with the installation must be pursued through ordinary administrative or legality channels, not via amparo. Justice Rueda Leal issues a separate opinion on the standing of legal entities in amparo proceedings, citing Inter-American Court Advisory Opinion 22/16, though finding a sufficient link to an individual here.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243381.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243381", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243381" }, { "id": "nexus-sen-1-0007-1243967", "citation": "Res. 16852-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Summary dismissal of amparo on radio broadcasting concession renewals", "title_es": "Rechazo de plano de amparo sobre prórroga de concesiones de radiodifusión", "summary_en": "The Constitutional Chamber summarily dismissed an amparo filed by a radio broadcasting concessionaire seeking automatic renewal of its concession and challenging an executive decree project. The majority held that the claims—determining whether a subjective public right to automatic renewal exists and evaluating a draft decree—are beyond the Chamber’s jurisdiction and belong to the administrative-contentious courts. It also stated that the alleged failure to respond to the renewal request is a matter of ordinary legality. Justice Garro Vargas added a note emphasizing that, although fundamental rights might be involved, the complexity and the need for detailed evidence exceed the summary nature of amparo. Justice Rueda Leal dissented, arguing that broadcasting involves a clear public interest and that the amparo should have been admitted to examine possible constitutional violations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243967.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243967", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243967" }, { "id": "nexus-sen-1-0007-1243971", "citation": "Res. 17903-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Accumulated amparo for hydrocarbon contamination in the Guadalupe network", "title_es": "Amparo acumulado por contaminación con hidrocarburos en la red de Guadalupe", "summary_en": "The Constitutional Chamber hears an amparo action filed by a resident of Tibás against the Costa Rican Institute of Aqueducts and Sewers (ICAA) for the hydrocarbon contamination of the drinking water supplying the cantons of Goicoechea, Moravia, Tibás, Montes de Oca, and San José, detected on January 22, 2024. The plaintiff alleges that the ICAA failed to give effective notice of the contamination, breached emergency protocols, did not respect rationing schedules, and exposed the population to unjustified risks, causing her physical and psychological harm. The Chamber had already resolved a similar case in judgment 2024-009354, where it granted the amparo for violation of the rights to proper functioning of public services, access to drinking water, and health, and ordered immediate and definitive measures to solve the problem, including alternative supply, periodic analyses, a definitive solution within one month, and investigation of administrative responsibilities. In this new case, the Chamber finds that the problem is identical and that the previous decision has not been complied with, so it grants the amparo and orders the General Manager of ICAA to comply with what was ordered in that resolution, including the determination of administrative and disciplinary responsibilities. The request for accumulation of cases is denied because the parties are not identical.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "28/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243971.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243971", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243971" }, { "id": "nexus-sen-1-0007-1243973", "citation": "Res. 19544-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water rationing in Alajuelita violates human right to water", "title_es": "Racionamiento de agua en Alajuelita viola derecho humano al agua", "summary_en": "The Constitutional Chamber partially granted an amparo action brought by a resident of Alajuelita who reported recurring water shutoffs without prior notice in the Concepción sector since July 2023. The Court confirmed the rationing and found that the Costa Rican Institute of Aqueducts and Sewers (ICAA) had failed to fix the problem despite identifying and repairing two leaks in September 2023. Based on reports from the Comptroller General and the regulatory authority ARESEP, the Court held that the ICAA’s structural inefficiency—57% water loss, delayed investment projects, and lack of sustainable planning—disproportionately harms vulnerable communities. It reaffirmed the fundamental right to water under Article 50 of the Constitution and international instruments, and ordered the ICAA to guarantee daily and sufficient supply whenever interruptions exceed six hours and to implement measures for efficient and continuous service within 18 months. It also directed ARESEP to carry out active, ongoing oversight of service quality.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243973.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243973", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243973" }, { "id": "nexus-sen-1-0007-1243974", "citation": "Res. 19561-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to access drinking water in Hatillo 8", "title_es": "Derecho de acceso al agua potable en Hatillo 8", "summary_en": "The Constitutional Chamber partially grants an amparo action filed by residents of Hatillo 8 against the Costa Rican Institute of Aqueducts and Sewers (ICAA) and the Regulatory Authority for Public Services (ARESEP) for the suspension of drinking water service since March 14, 2024. The Chamber concludes that, although the specific mid-March interruptions were caused by third-party damage, there is a long-standing structural crisis of water shortage in Hatillo 8, resulting from inadequate planning and lack of execution of investment projects by the ICAA, according to reports from the Comptroller General and the Ombudsman. It also found that ARESEP failed to perform its duty to supervise service quality and continuity. The Executive President of the ICAA is ordered to implement, within 18 months, necessary measures to ensure efficient and continuous service, and the General Regulator of ARESEP is ordered to ensure compliance with quality and optimal service standards.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243974.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243974", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243974" }, { "id": "nexus-sen-1-0007-1243975", "citation": "Res. 19565-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against AYA and ARESEP for water shortages in Alajuelita", "title_es": "Amparo contra el AYA y Aresep por desabastecimiento de agua en Alajuelita", "summary_en": "The Constitutional Chamber partially granted an amparo filed by a resident on behalf of the inhabitants of Alajuelita against the Costa Rican Institute of Aqueducts and Sewers (ICAA/AYA) and the Regulatory Authority for Public Services (ARESEP) due to frequent, prolonged, and unannounced drinking water service interruptions. Although the Chamber had previously rejected similar amparos, in this case, after considering reports from the Comptroller General, the Ombudsman, and ARESEP demonstrating severe structural deficiencies and inefficiency in AYA's project portfolio management, water losses, and lack of planning, it grants protection. It orders AYA to guarantee sufficient daily supply when interruptions exceed 6 hours and, within 18 months, to implement measures for efficient and continuous service. It also orders ARESEP to immediately ensure compliance with quality and continuity regulations through inspections. The amparo against the Municipality is dismissed with a reminder of its duty to cooperate.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243975.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243975", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243975" }, { "id": "nexus-sen-1-0007-1243979", "citation": "Res. 19597-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for water shortage in San Francisco de Coronado", "title_es": "Amparo por desabastecimiento de agua en San Francisco de Coronado", "summary_en": "The Constitutional Court granted the amparo filed by a resident of San Francisco de Coronado for drinking water shortages. The ruling finds that the scarcity is not merely seasonal but stems from a structural failure at the national water utility (ICAA/AyA), evinced by a 57% water loss rate and chronic project management flaws documented by the Comptroller General and the Ombudsman's Office. The Court ordered the ICAA to immediately guarantee daily supply whenever interruptions exceed six hours and, within 18 months, to implement measures for efficient, continuous service in Coronado. It also found the regulatory agency ARESEP liable for failing its oversight duties and ordered immediate inspections and controls to enforce quality, quantity, and continuity standards for drinking water in Coronado.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243979.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243979", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243979" }, { "id": "nexus-sen-1-0007-1243981", "citation": "Res. 19602-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to potable water and shortage crisis in Alajuelita", "title_es": "Derecho al agua potable y crisis de desabastecimiento en Alajuelita", "summary_en": "The Constitutional Chamber granted an amparo petition against the Costa Rican Institute of Aqueducts and Sewers (ICAA) for violating the fundamental right to potable water of residents in San Josecito de Alajuelita. The petitioner reported repeated non-compliance with supply schedules, prolonged cuts, and lack of response to his reports. The Chamber reviewed reports from the Comptroller General and the regulatory authority ARESEP showing ICAA's ineffective and inefficient management, with 57% water losses, delayed investment projects, lack of planning, and structural financial problems. While ICAA attributed the issues to contamination and weather phenomena, the Chamber found the situation was not fortuitous but stemmed from inadequate administration. It ordered the General Manager to guarantee daily and sufficient supply when interruption exceeds 6 hours, and within 18 months implement measures for an efficient, effective, and continuous service. It also urged ARESEP to exercise its oversight duties. The ruling reaffirms that access to potable water is a basic and inalienable human right, derived from the rights to health, life and a healthy environment, recognized in the Constitution and international instruments.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "_off-topic", "art-50-constitution" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243981.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243981", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243981" }, { "id": "nexus-sen-1-0007-1243982", "citation": "Res. 19611-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo granted for drinking water denial based on expired sanitary orders", "title_es": "Amparo por negativa de agua potable basada en órdenes sanitarias vencidas", "summary_en": "The Constitutional Chamber reviewed a writ of amparo filed by the purchaser of a lot in the Villas Hidalgo project in Paraíso, Cartago, who was denied connection to drinking water by the Cipreses ASADA, citing hydraulic incapacity and sanitary orders issued by the Ministry of Health in October 2022 due to contamination with chlorothalonil metabolites. The Chamber found that although water availability had been guaranteed for 38 lots at the time of purchase, the ASADA based its denial on sanitary orders that were supposed to be complied with immediately and dated back two years. Since the Ministry of Health confirmed the orders were of immediate compliance, the Chamber considered it unreasonable to keep denying new services on that basis without verifying whether the contamination situation persisted. It granted the amparo and ordered AyA and the ASADA to coordinate with the Ministry of Health to determine if the restrictions remained; if not, to enable the service to the petitioner upon compliance with legal requirements.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243982.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243982", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243982" }, { "id": "nexus-sen-1-0007-1243983", "citation": "Res. 19612-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Potable Water Shortage in San Rafael Abajo de Desamparados", "title_es": "Desabastecimiento de agua potable en San Rafael Abajo de Desamparados", "summary_en": "The Constitutional Chamber granted an amparo action filed by a resident of San Rafael Abajo de Desamparados against the Costa Rican Institute of Aqueducts and Sewers (AyA) and the Public Services Regulatory Authority (ARESEP) due to water cuts lasting up to 30 hours. The resident reported that water was only available from midnight to 5 a.m. with weak flow and no alternative tanker trucks were provided. The Chamber reviewed reports from the Comptroller General, the Ombudsman's Office, and the respondent institutions, finding a structural problem in AyA's investment portfolio management, evidenced by 57% water losses, outdated meters, and lack of planning, disproportionately affecting vulnerable communities. It ordered AyA to immediately guarantee daily sufficient supply when cuts exceed six hours, and within 18 months, to implement measures for efficient and continuous service. ARESEP was ordered to immediately ensure compliance with quality, quantity, continuity, and optimal service standards through technical inspections and controls. The ruling reaffirms that access to potable water is a fundamental human right linked to health, life, and a healthy environment, and the State must adopt progressive and effective measures to guarantee it, without excuses based on weather phenomena or lack of prior complaints.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243983.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243983", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243983" }, { "id": "nexus-sen-1-0007-1243984", "citation": "Res. 19651-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water supply interruptions in Otoya and Amón neighborhoods — amparo granted", "title_es": "Amparo por suspensiones de agua en Barrio Otoya y Amón", "summary_en": "The Constitutional Chamber grants the amparo against the Costa Rican Institute of Aqueducts and Sewers (ICAA) and the Regulatory Authority for Public Services (ARESEP) for repeated water supply interruptions in the Otoya and Amón neighborhoods since 2018. The court finds that although water scarcity exists, the ICAA has managed its investment project portfolio inefficiently—with 57% of water unaccounted for and poor planning—failing to ensure service continuity. ARESEP, in turn, neglected its oversight duties to enforce quality, quantity, continuity, and optimal service standards. Departing from precedents that had dismissed similar amparos, the Chamber relies on reports from the Comptroller General and the Ombudsman to conclude that the crisis stems not only from climate conditions but from structural administrative inefficiency. It orders the ICAA to immediately guarantee daily water supply when interruptions exceed six hours and, within eighteen months, to adopt measures for efficient, effective, and continuous service. It also directs ARESEP to actively monitor compliance with service quality standards.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243984.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243984", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243984" }, { "id": "nexus-sen-1-0007-1243985", "citation": "Res. 21419-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for deficient potable water service in El Sol urbanization, San Rafael Arriba de Desamparados", "title_es": "Amparo por deficiente servicio de agua potable en Urbanización El Sol, San Rafael Arriba de Desamparados", "summary_en": "The Constitutional Chamber granted an amparo action filed by a resident on behalf of the El Sol Urbanization community in San Rafael Arriba de Desamparados, against the Costa Rican Institute of Aqueducts and Sewers (ICAA) and the Regulatory Authority of Public Services (ARESEP). The petitioner claimed that for weeks, especially from late April to early May 2024, the community experienced prolonged water cutoffs exceeding 8 hours daily, and at times up to 30 consecutive hours without service, and that mitigation measures (tanker trucks) were not adequately proven. Based on reports from the Comptroller General and the Ombudsman, the Chamber found a structural problem at ICAA in the management of investment projects, evidenced by 57% water losses, inefficient project execution, and lack of preparedness for the dry season. Although ICAA attributed the situation to climatic factors and contamination, the court held that its efforts were insufficient and it failed to meet continuity or public information standards. As for ARESEP, it was faulted for not actively supervising service quality despite having a critical diagnosis since 2022. The Chamber ordered ICAA to immediately guarantee potable water supply whenever interruptions exceed 6 hours and, within 18 months, to implement measures for efficient and continuous service. ARESEP was ordered to coordinate and execute, immediately, all necessary actions within its competence to ensure compliance with quality, quantity, continuity, and optimal service standards.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "30/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1243985.json", "html_url": "/legal/doc/nexus-sen-1-0007-1243985", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1243985" }, { "id": "nexus-sen-1-0007-1244010", "citation": "Res. 22417-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Partial non-compliance with control and protection plan for protected wild areas", "title_es": "Desobediencia parcial por plan de control y protección en áreas silvestres protegidas", "summary_en": "The Constitutional Chamber addresses a non-compliance claim filed by Mauricio Álvarez Mora (FECON) regarding judgment 2017-14907, which ordered several authorities to develop and implement a control and protection plan for protected wild areas. The claimant asserts that environmental issues persist, citing budget cuts and the deterioration of Corcovado National Park. After hearing the authorities, the Chamber finds that SINAC substantially complied by creating guidelines, training staff, and formalizing prevention, protection and control plans in all conservation areas, except for Corcovado National Park, where requested improvements to the specific plan were not implemented. Non-compliance with the ordered study on drinking water supply is also confirmed. The Chamber partially upholds the claim, ordering immediate compliance on these outstanding points, and dismisses the remaining allegations. Judge Garro Vargas partially dissents, ordering that the enforcement of the judgment be transferred to the Administrative Litigation Court due to its technical complexity.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1244010.json", "html_url": "/legal/doc/nexus-sen-1-0007-1244010", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1244010" }, { "id": "nexus-sen-1-0007-1244096", "citation": "Res. 00415-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Orosí Residents vs. Municipality of Paraíso over unclassified road", "title_es": "Vecinos de Orosí contra Municipalidad de Paraíso por camino no clasificado", "summary_en": "The Constitutional Court denies the amparo filed by Orosí residents against the Municipality of Paraíso. The petitioners claimed the road adjacent to Serpasa service station is in deplorable condition, blocking ambulance access, garbage collection, and public transport. Despite multiple requests since 2021, the municipality had not paved it. The Court finds the road is public but not classified in the Cantonal Road Network Inventory, making it an 'Unclassified road' under Article 1 of the General Law on Public Roads. As such, maintenance costs fall on users and cannot be covered by public funds under Law 8114. Constitutional precedent consistently holds that municipalities cannot be compelled to invest public resources in such roads. Also, petitioners did not follow up on the inventory inclusion process advised by the municipality. The Court holds this is a legality issue for ordinary jurisdiction.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1244096.json", "html_url": "/legal/doc/nexus-sen-1-0007-1244096", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1244096" }, { "id": "nexus-sen-1-0007-1244249", "citation": "Res. 02222-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Huawei's amparo against 5G cybersecurity measures denied", "title_es": "Amparo de Huawei contra medidas de ciberseguridad 5G declarado sin lugar", "summary_en": "The Constitutional Chamber, by majority, denied Huawei's amparo against ICE, which challenged the application of the 5G Cybersecurity Regulation (Executive Decree 44196) in a 5G network tender. The company argued that requirements such as adherence to the Budapest Convention and assessment of susceptibility to foreign government pressure discriminated based on nationality and violated free competition and equal treatment. The majority found no evidence of an arbitrary prohibition based on origin, considered that cybersecurity technical requirements are matters of public policy not reviewable via amparo, and stated that any disagreement must be pursued through ordinary channels. Two dissenting judges opined that a deadline should be granted to file an unconstitutionality action against the regulation due to its impact on fundamental rights. Another dissenting vote deemed the amparo inadmissible for lack of standing of legal entities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1244249.json", "html_url": "/legal/doc/nexus-sen-1-0007-1244249", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1244249" }, { "id": "nexus-sen-1-0007-1244456", "citation": "Res. 16315-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Broadcasting: concesión renewal not subject to amparo", "title_es": "Radiodifusión: prórroga de concesiones no es materia de amparo", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed by an individual and as a legal representative of a broadcasting concession holder. The majority holds that the claimant's requests—ruling on the terms of contractual renewal, evaluating a draft executive decree, and the lack of response to the renewal request—are matters of ordinary legality to be resolved in administrative proceedings or before the contentious-administrative jurisdiction, not through a summary proceeding like the amparo. The Chamber finds that the new administrative contentious jurisdiction provides swift and effective mechanisms to protect substantial legal positions of citizens, even those indirectly connected to fundamental rights. Judge Garro Vargas appends a separate note reaffirming her jurisprudence: the amparo is only admissible when the alleged violation and the challenged act are compatible with the summary nature of the procedure. Judge Rueda Leal dissents, arguing that broadcasting involves general interest and freedom of expression, and therefore the amparo should have been processed to request reports and examine the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1244456.json", "html_url": "/legal/doc/nexus-sen-1-0007-1244456", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1244456" }, { "id": "nexus-sen-1-0007-1244464", "citation": "Res. 23389-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Guarantee of potable water supply to Monserrat community", "title_es": "Garantía de suministro de agua potable a comunidad Monserrat", "summary_en": "The Constitutional Chamber granted an amparo petition filed by a resident of Monserrat de Alajuela against the Costa Rican Institute of Aqueducts and Sewers (ICAA/AyA). The community had suffered prolonged interruptions in drinking water service for several months, with rationing of up to 9 hours per day. The ICAA argued that the causes were hydraulic problems, climate change, and high consumption, and that it was implementing an improvement project (Phase II) since 2013, along with alternative supply by tanker trucks. However, the Chamber found a structural problem in the ICAA’s planning and management, evidenced by reports from the Comptroller General's Office and the Public Services Regulatory Authority (ARESEP): 57% water loss, ineffective investment projects, obsolete meters, and financial unsustainability. The Chamber held that the fundamental right to water (Article 50 of the Constitution) had been violated. It ordered the ICAA to immediately guarantee daily and sufficient supply whenever interruptions exceed 6 hours, and to implement, within 18 months, measures for efficient and continuous service. It also required ARESEP to ensure compliance with quality, continuity, and optimal service standards.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "16/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1244464.json", "html_url": "/legal/doc/nexus-sen-1-0007-1244464", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1244464" }, { "id": "nexus-sen-1-0007-1244465", "citation": "Res. 23257-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Order to Respond to Information Requests on Lesividad and Protection of Gandoca-Manzanillo Refuge", "title_es": "Orden de responder solicitudes de información sobre lesividad y protección del Refugio Gandoca-Manzanillo", "summary_en": "The Constitutional Chamber hears an amparo filed by a citizen alleging failure by the Presidency, INDER, SINAC, and MINAE to respond to a request for information about compliance with Judgment 2019-012745. That judgment partially annulled Law 9223 and ordered SINAC to delimit the forested area within the Gandoca-Manzanillo National Wildlife Refuge (REGAMA) and, together with the Attorney General’s Office, to take legal action to recover public lands. The petitioner asked that warning notes be placed on lands subject to recovery and sought data on lesividad proceedings that INDER should initiate against forested properties transferred to private parties. The Chamber analyzes the content of the request, distinguishing between exhortations, factual narrations, and genuine information requests, and finds that several requests were not answered. It partially grants the amparo and orders the Minister of the Presidency, INDER’s Executive President, and the Minister of Environment and Energy to provide the requested information within ten days. Regarding the alleged non-compliance with Judgment 2019-012745, the Chamber defers to the separate unconstitutionality action file. INDER and the State are ordered to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1244465.json", "html_url": "/legal/doc/nexus-sen-1-0007-1244465", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1244465" }, { "id": "nexus-sen-1-0007-1244477", "citation": "Res. 23336-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must regulate heavy vehicle traffic due to noise and road damage", "title_es": "Municipio debe regular tránsito de vehículos pesados por ruido y deterioro vial", "summary_en": "The Constitutional Court granted an amparo filed by a resident of Veracruz neighborhood in Higuito, Desamparados, who complained that constant heavy vehicle traffic from Shaan Construction Company caused road damage, excessive noise, and danger to neighbors, violating their rights to intimacy, health, and a healthy environment. Despite formally requesting the municipality to limit such traffic since October 2022, no effective action was taken. The Court found that the municipality’s nearly two-year inaction violated fundamental rights, given existing legal and technical opinions recommending restrictions. It considered that noise pollution and road deterioration harm quality of life and fundamental rights. The Court ordered the Mayor of Desamparados to complete technical studies within three months and adopt measures to regulate or prohibit heavy vehicle transit, ensuring neighbors' rights. The ruling warns of criminal liability for non-compliance and orders the municipality to pay costs. One judge dissented on enforcement, arguing it should take place in the administrative contentious jurisdiction.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "16/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1244477.json", "html_url": "/legal/doc/nexus-sen-1-0007-1244477", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1244477" }, { "id": "nexus-sen-1-0007-1244489", "citation": "Res. 23273-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to a healthy environment in schools — construction of El Peje school", "title_es": "Derecho a ambiente sano en centros educativos — construcción de escuela El Peje", "summary_en": "The Constitutional Chamber granted an amparo action filed on behalf of the students and staff of El Peje School, located in Volcán, Buenos Aires, Puntarenas, finding a violation of their fundamental rights to health, education, and a healthy and ecologically balanced environment. The school suffered from severe structural deficiencies: leaky roofs, an obsolete electrical system posing fire hazards, classrooms unfit for high temperatures, noncompliance with accessibility Law 7600, and an unfulfilled health order from the Ministry of Health that had been outstanding for over a year. Although a new construction project had been approved with plans and budget, the Ministry of Public Education had delayed its execution for more than eight years, postponing the start until budget approval in 2025. The Chamber held that both the elapsed time and the additional waiting period were excessive and unreasonable, and that the state's omission violated the children's rights given the dangerous physical conditions and the disruption of their educational environment. It ordered the MEP to complete the construction within twelve months, to immediately adopt provisional measures to ensure the continuity of classes, and directed the local Health Authority to issue new health orders within fifteen days and to monitor compliance. Justice Garro Vargas issued a partial dissenting opinion regarding the enforcement phase, arguing that due to its technical complexity it should be transferred to the Administrative and Civil Court under its enforcement rules.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "_off-topic" ], "date": "16/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1244489.json", "html_url": "/legal/doc/nexus-sen-1-0007-1244489", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1244489" }, { "id": "nexus-sen-1-0007-1245844", "citation": "Res. 01834-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Claim for land titling in rural settlement vs INDER", "title_es": "Reclamo de titulación de parcela en asentamiento campesino vs INDER", "summary_en": "The Constitutional Chamber reviews an amparo action against the Rural Development Institute (INDER) filed by an individual granted parcel 60 in the Camuro Settlement, who claims the institution has not delivered the property deed despite 21 years of possession. INDER reports that the petitioner has not complied with administrative requirements, such as obtaining municipal approval of the parcel plan —which requires widening the street by moving fences— and that criminal environmental proceedings exist against him, along with inconsistencies in his actual possession. The Chamber finds that the dispute concerns the application of ordinary legal provisions and does not demonstrate a violation of fundamental rights, thus dismissing the appeal and directing the claimant to administrative and ordinary proceedings to resolve titling requirements. The ruling does not address substantive environmental issues.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1245844.json", "html_url": "/legal/doc/nexus-sen-1-0007-1245844", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1245844" }, { "id": "nexus-sen-1-0007-1246320", "citation": "Res. 23889-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must determine public nature of Calle Claret and respond to requests", "title_es": "Municipalidad debe definir naturaleza de calle Claret y responder gestiones", "summary_en": "The Constitutional Chamber hears an amparo filed by a development association against the Municipality of Santa Bárbara de Heredia for failing to address infrastructure problems on Calle Claret—poor road conditions, lack of sidewalks and drainage—and for not responding to numerous requests between 2020 and 2023. The Chamber follows its settled precedent: it cannot order the municipality to spend public funds on a road whose legal status is unclear, but it does find a violation of Article 41 of the Constitution due to unjustified delay in determining whether the road is public. It orders the municipality to decide within two months whether the road is public; if so, within six months to fix the reported problems. It also grants relief for the failure to respond to most requests, except one answered within a reasonable time, and orders the municipality to pay costs and damages.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1246320.json", "html_url": "/legal/doc/nexus-sen-1-0007-1246320", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1246320" }, { "id": "nexus-sen-1-0007-1247575", "citation": "Res. 00869-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-payment for sanitation project easement", "title_es": "Falta de pago por servidumbre de paso para proyecto de saneamiento", "summary_en": "The legal representative of a corporation filed an amparo action against the Costa Rican Institute of Aqueducts and Sewers for non-payment of compensation agreed upon for an easement on the corporation's property, needed for the \"Environmental Improvement of the San José Metropolitan Area\" project. Although the pipeline was installed in 2016 and an agreement was signed, the money had not been paid at the time of filing. The Constitutional Chamber declared the action inadmissible, holding that the claim—collection of a sum of money arising from a contractual agreement—is a matter of ordinary legality to be resolved through administrative or ordinary judicial channels, not through amparo. Justice Rueda Leal added separate reasons for summary dismissal: based on Advisory Opinion OC-22/16 of the Inter-American Court of Human Rights, amparo on behalf of legal persons is only admissible if an essential and direct link to a natural person whose fundamental rights are affected is demonstrated, which was not the case here.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1247575.json", "html_url": "/legal/doc/nexus-sen-1-0007-1247575", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1247575" }, { "id": "nexus-sen-1-0007-1247711", "citation": "Res. 01110-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition and access to information regarding Tajo San Rafael", "title_es": "Derecho de petición y acceso a información sobre tajo San Rafael", "summary_en": "Residents of San Rafael district, La Unión, file an amparo against the Municipality of La Unión for failing to respond to a request dated September 19, 2023, seeking information on sanitary permits, environmental viability, haul routes, tax payments, and reasons for reopening the Tajo San Rafael quarry operated by Hacienda San Rafael HRS S.A. The Constitutional Chamber finds that after one month the municipality had not replied, violating the right to petition (Art. 27) and access to public information (Art. 30). It partially grants the amparo, orders the municipal authorities to answer within ten days under penalty of disobedience, and awards costs and damages.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1247711.json", "html_url": "/legal/doc/nexus-sen-1-0007-1247711", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1247711" }, { "id": "nexus-sen-1-0007-1248092", "citation": "Res. 20070-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "No protection of the right to petition regarding a request for environmental-damage assessment in an aquifer recharge zone", "title_es": "No tutela del derecho de petición sobre solicitud de valoración de daño ambiental en zona de recarga acuífera", "summary_en": "The Constitutional Chamber denied the amparo filed by a citizen who requested the Amistad Caribe Conservation Area (SINAC) to conduct a comprehensive environmental damage assessment in the Moín aquifer recharge zone (Zone 6), affected by land-use change, indiscriminate logging, and illegal settlements. SINAC denied the request, arguing that criminal investigations were underway and that the environmental damage assessment is an expert report that must be requested by the judicial authority. The Chamber held that the request was not a simple request for information or petition, but an exhortation for the administration to act, and according to its settled case law, an exhortation is not covered by the right to petition under Article 27 of the Constitution. Therefore, no fundamental right was violated. The ruling also recalls that the same Chamber had previously ordered, in judgment 2022-022070, the creation of an inter-institutional commission to address the Zone 6 problem.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1248092.json", "html_url": "/legal/doc/nexus-sen-1-0007-1248092", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1248092" }, { "id": "nexus-sen-1-0007-1248790", "citation": "Res. 25605-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Facebook Block by Community Association and Water Rationing in Hatillo", "title_es": "Bloqueo en Facebook de ADI y racionamientos de agua en Hatillo", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a resident of Ciudadela 15 de Setiembre, Hatillo, against the Costa Rican Institute of Aqueducts and Sewers (ICAA) and the Specific Development Association for the Improvements of Ciudadela Quince de Setiembre. The petitioner claimed that the Association blocked him from its official Facebook page after a critical comment, preventing him from accessing information about dialogue meetings with ICAA and water rationing schedules. He also denounced excessive water rationing, unclear schedules, and exclusion of elderly and disabled persons from water tanks. The Chamber partially granted the appeal: it ordered the unblocking of the user, holding that the Association, although a private entity, performs a public-interest function as a liaison with ICAA and failed to comply with standards for restricting users on social media. Regarding water supply, the Chamber found a structural problem at ICAA, evidenced by reports from the Comptroller General and ARESEP on inefficient investment project management, water losses, and lack of planning. It ordered ICAA’s General Manager to coordinate and implement, within 18 months, the necessary measures to guarantee an efficient, effective, and continuous supply of drinking water in Hatillo. Justice Garro Vargas partially dissented on the rationing order, considering that ICAA was condemned without due process and adequate evidentiary assessment.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "_off-topic" ], "date": "06/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1248790.json", "html_url": "/legal/doc/nexus-sen-1-0007-1248790", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1248790" }, { "id": "nexus-sen-1-0007-1248881", "citation": "Res. 01775-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience petition rejected for lack of signature in Nandayure River flooding amparo", "title_es": "Rechazada gestión de desobediencia por falta de firma en amparo de inundaciones del Río Nandayure", "summary_en": "The Constitutional Chamber rejects a disobedience petition filed by the petitioner regarding judgment 2022027316, which had ordered the Municipality of Nandayure and MOPT to comprehensively solve the flooding of the Nandayure River within twelve months. In this resolution, the Court notes that the petition lacked a signature, so the petitioner was warned to correct the defect within the stipulated period. Upon failure to comply with the warning, the Chamber imposes rejection of the petition. It also recalls that previous similar petitions had been rejected as premature or for expressing disagreement with the decision. The Chamber emphasizes that it does not act as a mediator between institutions and that, under the principle of inter-institutional coordination, the entities must manage the required permits to comply with the judgment.", "primary_topic_id": null, "topic_ids": [], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1248881.json", "html_url": "/legal/doc/nexus-sen-1-0007-1248881", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1248881" }, { "id": "nexus-sen-1-0007-1248973", "citation": "Res. 02265-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Potable water and sanitary conditions in prison not found to violate rights", "title_es": "Agua potable y condiciones sanitarias en centro penitenciario no lesionan derechos", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by inmates of the Jorge Arturo Montero Castro Institutional Care Center, who claimed violations of their fundamental rights due to non-potable water, bad odors from the treatment plant, untreated wooden beds, and rusted windows. The Chamber evaluated reports from prison authorities and the Alajuela 2 Health Area, which demonstrated that the water meets the parameters of the Potable Water Quality Regulation, there is an environmental management contract for the treatment plants, the beds pose no risk, and the structures are in good condition. An on-site inspection by the Ministry of Health confirmed the availability of potable water, compliance with parameters, and the absence of the alleged health effects. Additionally, one of the plaintiffs was not held in that prison, leading to dismissal for lack of standing. The Chamber found no constitutional violation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1248973.json", "html_url": "/legal/doc/nexus-sen-1-0007-1248973", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1248973" }, { "id": "nexus-sen-1-0007-1250406", "citation": "Res. 17779-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Privacy of environmental criminal complaint under investigation", "title_es": "Privacidad de la denuncia ambiental en investigación penal", "summary_en": "The Constitutional Chamber denied the amparo filed by Marco Levy Virgo against SINAC for refusing access to a copy of the complaint report regarding the draining and filling of the Yolillo wetland for a housing project. The petitioner requested the report from the Amistad Caribe Conservation Area, but SINAC refused, arguing that the case is under judicial investigation and Article 295 of the Criminal Procedure Code limits the publicity of the preparatory procedure. The Chamber analyzes the limits of the right of access to environmental information, relying on its own case law and the Aarhus Convention. It concludes that the right is not absolute and that the refusal is valid when disclosure could affect the proper conduct of an ongoing criminal investigation. It indicates that the petitioner may join the criminal proceeding as a party to access the information. Magistrate Garro Vargas adds a separate note on the use of international instruments as hermeneutic but not normative parameters.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1250406.json", "html_url": "/legal/doc/nexus-sen-1-0007-1250406", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1250406" }, { "id": "nexus-sen-1-0007-1250421", "citation": "Res. 13694-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience regarding water supply contamination in the Northern Zone", "title_es": "Desobediencia por contaminación de acueductos en la Zona Norte", "summary_en": "The Constitutional Chamber examines a non-compliance claim filed by Development Associations against state institutions, alleging failure to comply with Judgment No. 2019-000695 regarding the cleanup of water sources contaminated with pesticides (bromacil) in Río Cuarto. The petitioners allege that sources remain polluted and that the Ministry of Health ordered the closure of springs instead of cleaning them. The respondent authorities provide detailed reports on the actions of the 'Plan Único Zona Norte', including monitoring, inspections, and a hydrogeological study to mitigate contamination. They indicate that potable water supply has been ensured in quantity, quality, and continuity through interconnections and new sources, and that health orders on the La Flor spring were lifted after confirming the absence of contaminants. After evaluating the compliance reports, the Chamber concludes that there is no disobedience and archives the claim.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "17/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1250421.json", "html_url": "/legal/doc/nexus-sen-1-0007-1250421", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1250421" }, { "id": "nexus-sen-1-0007-1251011", "citation": "Res. 07126-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo appeal on accessibility in a prison facility", "title_es": "Recurso de amparo sobre accesibilidad en centro penitenciario", "summary_en": "The Constitutional Chamber rules on an amparo appeal filed by an 85-year-old visitor who uses a wheelchair. She claimed that the Jorge Arturo Montero Castro Institutional Center lacked adequate accessibility: the approximately 500-meter path from the entrance to the visiting area had sidewalks in poor condition, no roof, and no handrails, causing a fall and illnesses from getting wet in the rain. Prison authorities reported that there were ramps, a mobile transport unit, handrails, and a paved path. After ordering an inspection as additional evidence, the Ministry of Health found that the entry area is roofed and has ramps, the gymnasium has a ramp and roof, but the 400-meter path lacks a roof and handrails, and a 2-meter segment of sidewalk was deteriorated. The Chamber dismissed the appeal, holding that conditions comply with Law 7600 (Equal Opportunities for Persons with Disabilities), which does not require a roof or handrails in such sections; however, it ordered maintenance of the deteriorated segment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1251011.json", "html_url": "/legal/doc/nexus-sen-1-0007-1251011", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1251011" }, { "id": "nexus-sen-1-0007-1251104", "citation": "Res. 05544-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Potable Water Availability in Urbanization with ASADA in Dissolution Status", "title_es": "Disponibilidad de agua potable en urbanización con ASADA en causal de extinción", "summary_en": "The Constitutional Chamber denied an amparo action filed by the legal representatives of two corporations who claimed that the Costa Rican Institute of Aqueducts and Sewers (AyA) arbitrarily refused to issue potable water availability certificates for two properties in Residencial Villaverde, Puntarenas. The refusal was based on the precarious legal status of the rural aqueduct: the Oasis Villaverde ASADA had been dissolved since 2013 and lacked legal authorization to operate. AyA had initiated a merger with the Quebrada Ganado ASADA, contingent on the developer company donating and registering the land and infrastructure. The Chamber found the refusal was not arbitrary, as it stemmed from a genuine legal and material impossibility to guarantee service until the system's ownership was regularized. It reiterated that the right to water is not absolute and that disputes over sub-constitutional regulations must be resolved through ordinary administrative or judicial channels. No fundamental rights violation was found.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "01/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1251104.json", "html_url": "/legal/doc/nexus-sen-1-0007-1251104", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1251104" }, { "id": "nexus-sen-1-0007-1251289", "citation": "Res. 05620-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Technical impossibility of providing drinking water to Calle Quesada community", "title_es": "Imposibilidad técnica para suministro de agua potable a comunidad Calle Quesada", "summary_en": "The Constitutional Chamber dismissed the amparo action filed by residents of the Calle Quesada community in Pérez Zeledón against the Costa Rican Institute of Aqueducts and Sewers (AyA). The claimants alleged a violation of their right to access drinking water, having not received the service for decades despite multiple efforts. The Chamber held that the denial was not arbitrary but based on technical and legal impossibilities: the community lies outside the coverage area of the Peñas Blancas aqueduct, the system lacks sufficient water and hydraulic capacity, and the homes were built without the legally required positive water availability certificate. Citing precedents, the Court reiterated that duly justified material or legal impossibility does not constitute a violation of fundamental rights, and that the appropriateness of the service must be discussed in ordinary administrative or judicial proceedings. Finding no discriminatory treatment or unlawful omission, the amparo was dismissed.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "01/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1251289.json", "html_url": "/legal/doc/nexus-sen-1-0007-1251289", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1251289" }, { "id": "nexus-sen-1-0007-1252024", "citation": "Res. 02494-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Compliance with Previous Amparo Ruling on Access to Drinking Water", "title_es": "Cumplimiento de lo alegado en amparo anterior sobre acceso al agua potable", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of Barrio Aserradero in Cañas against the Costa Rican Institute of Aqueducts and Sewers (AyA). The petitioners claim that AyA failed to comply with statements made in a prior amparo (case 19-023202-0007-CO), where it had indicated that once the Cañas water treatment plant was operational, coverage would be expanded and a spur pipeline would be connected to supply the community. Although the plant was inaugurated in 2022, the promised works were not carried out. AyA responds that while hydraulic capacity exists, the sector lacks sufficient water pressure due to elevation differences, making service extension technically unfeasible. The Chamber rejects the main claim regarding non-compliance, reiterating that the right to water is not absolute and that denial based on technical reasons does not violate fundamental rights. However, it partially grants the amparo due to the disproportionate delay in responding to a request made by the residents on July 25, 2023, which was answered only after the amparo was notified. The majority exempts the respondent from paying costs, damages, and losses; Justices Salazar Alvarado and Garro Vargas issue partial dissenting votes on different grounds.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "02/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1252024.json", "html_url": "/legal/doc/nexus-sen-1-0007-1252024", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1252024" }, { "id": "nexus-sen-1-0007-1252282", "citation": "Res. 03347-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sewerage charges in Caliche Urbanization and Municipal Council delay", "title_es": "Cobro de alcantarillado en Urbanización Caliche y mora del Concejo Municipal", "summary_en": "The Constitutional Chamber dismisses the amparo action filed by residents of Caliche Urbanization against the Municipality of Poás. The plaintiffs challenged the sewerage service charges as unjust and excessive, and complained about the Municipal Council’s delay in addressing a mayoral motion regarding payment alternatives. The Chamber holds that disputes over municipal fees are matters of ordinary legality to be resolved in the administrative litigation courts, not through constitutional amparo. Regarding the Council’s delay, the majority applies its settled case law that refers claims of violation of the right to prompt administrative justice to the contentious-administrative jurisdiction, except in limited circumstances not present here. Magistrate Cruz Castro dissents, arguing that administrative delay does violate a fundamental right cognizable through amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1252282.json", "html_url": "/legal/doc/nexus-sen-1-0007-1252282", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1252282" }, { "id": "nexus-sen-1-0007-1252424", "citation": "Res. 03954-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against construction explosions dismissed due to existing permits and pending criminal case", "title_es": "Amparo por explosiones en construcción no procede por existir permisos y vía penal abierta", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by residents of Las Palomas neighborhood against the Municipality of Carrillo and later against SETENA. The claimants argued that the construction of a house on lot 21 of the Bahía Cocos Horizontal Condominium involved the use of explosives without permits, causing material damage to nearby homes and personal injuries. They sought a halt to the works and compensation. The Chamber found that the project had a valid municipal construction permit (P-216-2022) and an environmental registry from SETENA (D2-0700-2022R). Moreover, the residents had not filed formal administrative complaints with the Municipality or SETENA but had instead pursued criminal charges. The Chamber held that the claim was primarily for monetary damages, which should be resolved in the pending criminal proceeding before the Santa Cruz Prosecutor's Office. Given the existence of valid permits and an ongoing criminal case, no violation of fundamental rights requiring constitutional intervention was proven. The appeal was dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1252424.json", "html_url": "/legal/doc/nexus-sen-1-0007-1252424", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1252424" }, { "id": "nexus-sen-1-0007-1252864", "citation": "Res. 28068-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Delay in Addressing Noise Pollution Complaints Against a Bar", "title_es": "Demora en denuncias por contaminación sónica de un bar", "summary_en": "The Constitutional Chamber heard an amparo appeal filed by a resident of Barrio Santa Marta, Corralillo de Cartago, against the Ministry of Health and the Municipality of Cartago, for failing to timely address complaints of noise and environmental pollution from an adjacent bar. The petitioner alleged that since 2019 he had filed complaints about excessive noise, vibrations, and wastewater issues, without receiving an effective response. The Chamber found that both entities incurred in unreasonable delay: the Ministry of Health took over four years to conduct an inspection and issue sanitary orders, and the Municipality failed to notify the petitioner of its decision on the 2019 complaint. Moreover, the Ministry of Health had not addressed an environmental complaint regarding foul odors and drainage. The Chamber partially granted the appeal, ordering the Ministry of Health to enforce the issued sanitary order and to resolve the environmental complaint within one month, and the Mayor of Cartago to inform the petitioner of the decision within five days. The claim regarding the bar's window was dismissed as premature, but the municipality was warned to keep the petitioner informed. The ruling reaffirms that noise pollution violates the right to a healthy environment, health, and privacy, and that the Ministry of Health and municipalities have a duty to act promptly to protect these rights.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "27/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1252864.json", "html_url": "/legal/doc/nexus-sen-1-0007-1252864", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1252864" }, { "id": "nexus-sen-1-0007-1252865", "citation": "Res. 28024-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for TAA delay in resolving complaint over stream diversion", "title_es": "Amparo por demora del TAA en resolver denuncia por desvío de quebrada", "summary_en": "The Constitutional Chamber hears an amparo brought by a property owner in Tarrazú, who since 2018 filed a complaint with the Ministry of Environment and Energy over a neighbor’s diversion of a stream, which damaged her property. The complaint was transferred to the Environmental Administrative Tribunal (TAA) in 2019, but after nearly four years no final decision had been issued. The Chamber finds that the TAA’s lack of procedural diligence violated the fundamental right to a prompt and complete administrative procedure, enshrined in article 110 of the Organic Environmental Law. Following the precedent of decision 2016-002168, it grants the amparo solely against the TAA and orders it to resolve the complaint within three months. The claim against MINAE and the Municipality of Tarrazú is dismissed for lack of evidence of wrongful conduct. Separate opinions address jurisdiction over the right to timely administrative justice.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1252865.json", "html_url": "/legal/doc/nexus-sen-1-0007-1252865", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1252865" }, { "id": "nexus-sen-1-0007-1253483", "citation": "Res. 29052-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must request evidence and resolve complaints over tree damage to sidewalk and wall", "title_es": "Municipalidad debe prevenir pruebas y resolver denuncias por daños de árbol en acera y muro", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Curridabat for failing to promptly address a complaint about a publicly planted tree whose roots damaged a sidewalk and a residential retaining wall. The petitioner claimed a lack of effective response and undue delay despite repeated requests. The Court found that the municipality took over four months to fell the tree and had not yet resolved the sidewalk or wall repairs. Applying principles of administrative informality, efficiency, and effectiveness, the Court held that the municipality should have advised the petitioner on the evidence needed to support her claim, rather than requiring a new procedure. The amparo was granted, and the Court ordered specific time frames for the municipality to clarify the required proof for the wall, decide accordingly, and repair the sidewalk.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1253483.json", "html_url": "/legal/doc/nexus-sen-1-0007-1253483", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1253483" }, { "id": "nexus-sen-1-0007-1253541", "citation": "Res. 22483-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Partial unconstitutionality of General Public Procurement Law as applied to ICE", "title_es": "Inconstitucionalidad parcial de la Ley General de Contratación Pública en su aplicación al ICE", "summary_en": "The Constitutional Chamber reviews a challenge against several articles of the General Public Procurement Law (Law 9986) filed by the ICE Engineers Union. The plaintiffs allege that the new law, by repealing the special procurement regime established in Law 8660 (Strengthening and Modernization of Public Telecommunications Entities), violates Article 7 of the Constitution by conflicting with commitments undertaken by Costa Rica in the Free Trade Agreement (FTA) with the United States, Central America, and the Dominican Republic. The FTA, approved by referendum, required the country to strengthen and modernize ICE so it could compete on equal footing in the telecommunications market. The Chamber, by majority, partially upholds the action: it declares Articles 1, 2, 68, 69, 70, and 135(c) unconstitutional as applied to ICE, holding that eliminating the special procurement regime breaches the FTA obligations and the higher rank of international treaties. Article 135(c) is annulled as unconstitutional. The ruling reinstates the repealed articles of Law 8660, except for Article 20 regarding suppletory application, which is now understood to refer to the new procurement law. The challenge to Article 134(d) is rejected. Justice Rueda Leal dissents, considering the action inadmissible due to lack of standing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1253541.json", "html_url": "/legal/doc/nexus-sen-1-0007-1253541", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1253541" }, { "id": "nexus-sen-1-0007-1253779", "citation": "Res. 29302-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against environmental viability for Cartago Hospital", "title_es": "Amparo contra viabilidad ambiental del Hospital de Cartago", "summary_en": "The Constitutional Chamber summarily dismissed an amparo filed by a group of geologists challenging the environmental viability granted by SETENA for the new Maximiliano Peralta Hospital in Cartago. The petitioners argued serious technical flaws: location in a polluting industrial zone, the presence of the Agua Caliente seismic fault, muddy subsoil with a high water table that would increase costs, and violation of urban planning and health regulations. Reiterating its case law, the Chamber held that the issues raised require a complex technical analysis beyond the summary nature of amparo, and belong before the administrative contentious jurisdiction. The Chamber does not act as a legality controller or as an appeals body for SETENA decisions where there has already been administrative action; therefore, the appeal is manifestly inadmissible.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "04/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1253779.json", "html_url": "/legal/doc/nexus-sen-1-0007-1253779", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1253779" }, { "id": "nexus-sen-1-0007-1254862", "citation": "Res. 29778-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "TAA Lack of Judges Stalls Environmental File, Violating Right to Timely Justice", "title_es": "Falta de jueces del TAA paraliza expediente ambiental y vulnera justicia pronta", "summary_en": "The Constitutional Court granted an amparo action against the National Environmental Council for its delay in appointing regular and substitute judges to the Administrative Environmental Tribunal (TAA). The petitioner argued that case file No. 174-09-03-TAA, an environmental complaint against the RIU hotel complex for destruction of a wetland, beach, and biodiversity, had been pending for over 15 years and was ready for a final decision, but the lack of a full tribunal panel prevented issuing it. The Court found that while the TAA had previously caused administrative delays, the current standstill was exclusively due to the Council's failure to appoint missing judges, despite receiving notifications since April 2024 and over two years having passed since the first substitute judge resigned. The Court ordered the Minister of the Presidency, representing the Council, to appoint the missing members within two months.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1254862.json", "html_url": "/legal/doc/nexus-sen-1-0007-1254862", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1254862" }, { "id": "nexus-sen-1-0007-1255023", "citation": "Res. 29814-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to information on fungicide spill in Puntarenas", "title_es": "Acceso a información sobre derrame de fungicida en Puntarenas", "summary_en": "The Constitutional Chamber dismisses an amparo appeal filed against the Costa Rican Institute of Aqueducts and Sewers (AyA) for failing to respond to an information request about a fungicide spill in Puntarenas. The claimant requested 17 pieces of information on August 1, 2024, and had not received a response. However, it was established that AyA had replied via official letter SG-GSP-2024-00626 on August 28, 2024, before the appeal was notified, and sent it to the claimant's email on August 29, 2024. The Chamber analyzed each request and found all were protected under the constitutional right of access to information, but because the information had already been provided, the appeal became moot. The ruling emphasizes the duty of institutions to respond promptly to public information requests, though in this case the appeal was dismissed due to the cessation of the omission.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "water-law" ], "date": "11/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1255023.json", "html_url": "/legal/doc/nexus-sen-1-0007-1255023", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1255023" }, { "id": "nexus-sen-1-0007-1255392", "citation": "Res. 30690-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unsanitary conditions in kitchen of CAI Calle Real de Liberia", "title_es": "Condiciones insalubres en cocina del CAI Calle Real de Liberia", "summary_en": "The Constitutional Chamber grants an amparo filed by an inmate at the Calle Real de Liberia Institutional Attention Center (CAI), who reported unsanitary conditions in the prison kitchen. The Chamber found that, despite health orders issued by the Ministry of Health since May 2024, critical deficiencies persist, such as stagnant wastewater buildup, missing covers on electrical outlets and switches, and a non-functioning exhaust fan for the grease hood. Although the prison administration has made improvements, the unresolved issues pose a latent risk to the inmates' health and dignity. The majority vote orders the Minister of Justice and Peace and the center's director to correct the negative findings within three months, under penalty of criminal sanctions. Magistrate Garro Vargas dissents, arguing the case should have been sent to the Penitentiary Execution Court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1255392.json", "html_url": "/legal/doc/nexus-sen-1-0007-1255392", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1255392" }, { "id": "nexus-sen-1-0007-1255393", "citation": "Res. 30786-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Municipality of Curridabat for failure to notify response to wastewater overflow complaint", "title_es": "Amparo contra la Municipalidad de Curridabat por omisión en notificar respuesta a denuncia sobre desbordamiento de aguas residuales", "summary_en": "The Constitutional Chamber heard an amparo filed by a resident of La Troja neighborhood, Curridabat canton, who claimed the Municipality had failed to properly address her request for cleaning and maintenance of stormwater and wastewater infrastructure. She argued that recurrent overflows posed a public health risk and restricted her freedom of movement. The Municipality reported having carried out cleaning and inspection, and having requested a joint inspection with AyA given the possible link to the internal sanitary system of the house. Yet, the Chamber found that the formal response on these actions, contained in official communication MC-DGV-0748-10-2024, had not been effectively served on the claimant. This omission violated her right to a prompt and completed administrative procedure. The amparo was granted, ordering the Municipality to notify the claimant and, within three months, coordinate with AyA to implement a definitive solution within their respective competences.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "18/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1255393.json", "html_url": "/legal/doc/nexus-sen-1-0007-1255393", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1255393" }, { "id": "nexus-sen-1-0007-1256254", "citation": "Res. 08794-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for delay in water availability for older adult", "title_es": "Amparo por atraso en disponibilidad de agua para adulto mayor", "summary_en": "The Constitutional Chamber reviews an amparo filed by an older adult against the Costa Rican Institute of Aqueducts and Sewers (ICAA) for failing to respond to a water availability request submitted on December 21, 2023. The petitioner claims violation of fundamental rights due to his vulnerable condition. During the proceedings, the ICAA issued a response on March 5, 2024 and notified it the following day. The Chamber finds that the regulatory timeframe for deciding the request was exceeded, so the amparo is granted. However, applying Article 52 of the Constitutional Jurisdiction Law, the majority declines to award costs and damages, reasoning that the grievance is not clearly patrimonial and restitution occurred before judgment. Justices Salazar Alvarado and Garro Vargas file separate partial dissents, arguing that abstract condemnation for damages is mandatory whenever a rights violation is acknowledged.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1256254.json", "html_url": "/legal/doc/nexus-sen-1-0007-1256254", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1256254" }, { "id": "nexus-sen-1-0007-1256277", "citation": "Res. 08851-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo on springs and information request against municipality", "title_es": "Amparo municipal por nacientes y solicitud de información prematura", "summary_en": "The Constitutional Chamber analyzes an amparo filed by a citizen against the Municipality of Sarchí for the alleged failure to respond to a request dated January 26, 2024, concerning springs and construction permits. The Chamber finds that the petitioner’s submission contains two types of requests: a complaint regarding possible infractions in spring protection zones, and a request for information on permits and hydrogeological studies. Regarding the complaint, the amparo is declared premature because it was filed barely a month later, while the reasonable period to handle such matters is two months. As for the information request, it is verified that the municipality had already responded before the amparo notification, stating that no permits had been issued in the protection areas and that the requested studies were not available. Since no fundamental rights violation is proven, the appeal is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1256277.json", "html_url": "/legal/doc/nexus-sen-1-0007-1256277", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1256277" }, { "id": "nexus-sen-1-0007-1256374", "citation": "Res. 31515-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Enforcement of Maritime Zone Concession Cancellation and Gates Blocking Public Roads", "title_es": "Ejecución de cancelación de concesión en zona marítimo terrestre y portones que obstruyen vía pública", "summary_en": "The Constitutional Chamber reviews an amparo appeal against the Cóbano District Municipal Council for failing to enforce a 2019 agreement that cancelled the concession of Colemu S.A. and ordered the demolition of illegal structures, including gates that allegedly block public access in Santa Teresa beach. The appellant argues that despite a firm administrative act —confirmed by the Administrative Court— the municipality has remained inactive, perpetuating environmental harm and the privatization of public routes. The Chamber addresses the two claims separately. Regarding the enforcement of the cancellation agreement, it holds that this is a purely legal matter beyond the summary nature of amparo proceedings, especially since the new municipal administration has ordered a legal review of the original procedure and the appellant did not demonstrate a specific environmental injury or file a formal complaint. As for the gates, the Chamber finds that the right to free transit is at stake and, although some steps have been taken, there remains uncertainty about whether the gates are on public roads. Consequently, the amparo is partially granted, ordering the municipality to determine within two months whether the gates obstruct public access and, if so, to demolish them.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1256374.json", "html_url": "/legal/doc/nexus-sen-1-0007-1256374", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1256374" }, { "id": "nexus-sen-1-0007-1256439", "citation": "Res. 23556-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to drinking water in Gravilias de Desamparados", "title_es": "Derecho al agua potable en Gravilias de Desamparados", "summary_en": "The Constitutional Chamber granted an amparo action against the Costa Rican Institute of Aqueducts and Sewers (ICAA) for violating the fundamental right to drinking water in the Gravilias sector of Desamparados. Residents experienced prolonged service interruptions without adequate justification, affecting rights to health, life, and a healthy environment. The Chamber departed from prior case law that attributed shortages to fortuitous events, relying on reports from the Comptroller General and ARESEP showing structural deficiencies: poor planning, inefficient project execution, 57% water losses, investment delays, and financial fragility. The Chamber ordered ICAA to guarantee daily and sufficient supply when interruptions exceed six hours, to implement corrective measures within 18 months, and to coordinate with ARESEP, the Ministry of Health, and others to ensure effective and continuous service. A dissenting vote argued the ICAA was condemned without being given the opportunity to address the reports, and that the case's technical complexity was beyond amparo's summary nature.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "20/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1256439.json", "html_url": "/legal/doc/nexus-sen-1-0007-1256439", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1256439" }, { "id": "nexus-sen-1-0007-1256445", "citation": "Res. 31513-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "ASADA must guarantee drinking water service through interconnection of aqueducts", "title_es": "ASADA debe garantizar servicio de agua potable mediante interconexión de acueductos", "summary_en": "The Constitutional Chamber grants an amparo action filed by owners of a property in Belén de Carrillo, Guanacaste, who were denied a water availability certificate by the ASADA of Castilla de Oro, required to build their home. The ASADA operated an illegal well and lacked technical and legal feasibility; it also refused to integrate the Castilla de Oro El Guácimo Committee, which had a legal well but operated without a delegation agreement. AyA had managed a donation of pipes and processed flow increase requests, but the ASADA breached agreements due to internal disputes. The Chamber orders the ASADA to include the Committee's users in its billing database and carry out interconnection works within twelve months, and orders AyA to supervise compliance so that water availability certificates can be issued again. Costs, damages, and losses are awarded.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "25/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1256445.json", "html_url": "/legal/doc/nexus-sen-1-0007-1256445", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1256445" }, { "id": "nexus-sen-1-0007-1259471", "citation": "Res. 05142-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance in amparo regarding illegal dump at La Cuesta, Santa Cruz", "title_es": "Desobediencia en amparo sobre botadero ilegal en La Cuesta, Santa Cruz", "summary_en": "The Constitutional Chamber resolves a non-compliance claim filed by the petitioner regarding ruling 2021017825, which ordered municipal and health authorities to address the illegal dumping of waste at 'La Cuesta a Santa Bárbara'. The petitioner alleges partial non-compliance and that the problem persists, with new contamination affecting a water spring and road deterioration. The Chamber reviews reports from the respondent authorities, which show recent cleanup campaigns and compliance with health orders. It denies the non-compliance claim, considering that, based on the Ministry of Health inspection of January 2024, the site is clean and free of waste, and quarterly cleanups have been scheduled. However, it orders the separation of the petitioner's writ to process as a new matter the surviving facts related to the spring's contamination, road deterioration, and lack of surveillance, which were not part of the original ruling.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1259471.json", "html_url": "/legal/doc/nexus-sen-1-0007-1259471", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1259471" }, { "id": "nexus-sen-1-0007-1259709", "citation": "Res. 06462-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to electrification in rural Quebrada Negra", "title_es": "Acceso a electrificación en área rural Quebrada Negra", "summary_en": "The Constitutional Chamber reviews the claim of an elderly man and his wife, residents of Quebrada Negra de Abrojo, Corredores, Puntarenas, who allege that their fundamental rights and health are affected by the lack of electricity service at their home. Despite efforts begun in 2014, ICE has not built the required 600-meter grid extension. The court examines whether ICE violated fundamental rights. The Chamber finds that the inability to provide immediate service stems from the absence of a distribution network at the site, as well as technical, environmental (SINAC and SETENA permits), and budgetary requirements. It concludes there was no arbitrary decision, but rather a valid technical and procedural justification, as the project is included in expansion plans for the second half of 2028. Accordingly, the appeal is denied, as no fundamental rights violation was proven.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1259709.json", "html_url": "/legal/doc/nexus-sen-1-0007-1259709", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1259709" }, { "id": "nexus-sen-1-0007-1259776", "citation": "Res. 06940-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Contravention Court for Noise and Threats", "title_es": "Amparo contra Juzgado Contravencional por ruido y amenazas", "summary_en": "The petitioner filed a complaint before the Contravention Court of Aserrí against two neighbors for disturbance using sound equipment and threats. Initially a conciliation agreement was reached but was not complied with. The court ruled in favor of the defendants and dismissed the charges, a decision that was upheld on appeal. The petitioner alleges violation of her fundamental rights and seeks intervention of the Constitutional Chamber. This ruling declares the amparo action inadmissible, considering that the challenged judicial acts originate from a court exercising its jurisdictional function, and such acts are not subject to constitutional review through amparo, pursuant to article 30(b) of the Constitutional Jurisdiction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1259776.json", "html_url": "/legal/doc/nexus-sen-1-0007-1259776", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1259776" }, { "id": "nexus-sen-1-0007-1260056", "citation": "Res. 06488-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Use of unofficial channels to exercise the right of petition before AyA", "title_es": "Uso de canales no oficiales para ejercer el derecho de petición ante AyA", "summary_en": "The Constitutional Chamber hears an amparo action against the Costa Rican Institute of Aqueducts and Sewers (AyA) for failing to respond to an information request sent on November 7, 2023, to an employee's email. The petitioner sought technical details about the insufficient hydraulic capacity that led to the denial of a water availability certificate for a property in Atenas. AyA argued that the email was not an official channel for receiving petitions and that the matter had already been resolved administratively. However, the Chamber finds that the request was received and internally forwarded, and the failure to respond for over three months violated the right of petition. Since the information was eventually provided during the amparo proceedings, the appeal is granted under Article 52 of the Constitutional Jurisdiction Law, but the majority exempts AyA from paying costs, damages, and losses. There are dissenting votes advocating for abstract condemnation.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "water-law" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1260056.json", "html_url": "/legal/doc/nexus-sen-1-0007-1260056", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1260056" }, { "id": "nexus-sen-1-0007-1260072", "citation": "Res. 06549-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to disciplinary file not granted if remedied before amparo notification", "title_es": "Acceso a expediente disciplinario no procede si fue subsanado antes de la notificación del amparo", "summary_en": "The Constitutional Chamber reviews an amparo action against RECOPE for failing to provide a copy of the administrative disciplinary file 0998-2023-PD-063, repeatedly requested by the complainant since December 2023. The disciplinary body argued material impossibility because the file was with the Finance and Administration Management resolving a challenge to precautionary measures. The Chamber finds that there was indeed a violation of the fundamental rights of access to the file and defense, since the fact that the file is under review by a higher instance does not bar the parties from accessing it. However, it verifies that RECOPE remedied the situation on February 20, 2024, by sending a complete copy of the file to the petitioner, before being notified of the amparo's admission (February 23, 2024). Therefore, since the injurious conduct ceased prior to notification, the Chamber declares the amparo without merit, reiterating that once the violation is corrected before such notice, there is no longer any matter for the Chamber to address.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1260072.json", "html_url": "/legal/doc/nexus-sen-1-0007-1260072", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1260072" }, { "id": "nexus-sen-1-0007-1260550", "citation": "Res. 07159-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of joinder and post-judgment motion in amparo on firefighters and LESCO accessibility", "title_es": "Rechazo de coadyuvancia y gestión posterior en amparo sobre bomberos y accesibilidad LESCO", "summary_en": "The Constitutional Chamber denies a post-judgment motion and a joinder request filed after the ruling that dismissed an amparo action. The claimants, a hearing-impaired person and their spouse, argued that the Guápiles Fire Department lacked LESCO interpreters and refused to handle a wasp nest at their home. In the original decision, the Chamber found that the situation did not constitute an emergency under Law 9299, and the firefighters acted lawfully. Now, the claimants seek to add a neighbor as a coadjuvant and to reconsider the ruling, alleging falsities in the respondent's report. The Chamber reiterates that no appeal lies against its judgments, that joinder must be sought before judgment is rendered, and alleged falsehoods in reports must be reported to the Public Prosecutor's Office. The motion is dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1260550.json", "html_url": "/legal/doc/nexus-sen-1-0007-1260550", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1260550" }, { "id": "nexus-sen-1-0007-1261274", "citation": "Res. 13227-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional challenge against the Subdivision and Urbanization Regulation", "title_es": "Acción de inconstitucionalidad contra el Reglamento de Fraccionamiento y Urbanizaciones", "summary_en": "The Constitutional Chamber dismissed a constitutional challenge brought by the Mayor of Río Cuarto against the “Subdivision and Urbanization Regulation” issued by the INVU in 2019. The claimant argued that the regulation violates municipal autonomy and the right to a healthy environment by regulating matters proper to a land-use plan without the prior environmental and hydrogeological studies for each canton. The Chamber reiterated its case law holding that the INVU may issue supplementary urban development regulations in the absence of municipal land-use plans, without infringing local autonomy. It further found that the challenged regulation does not constitute a territorial-planning instrument that divides the territory into zones or defines land uses, and therefore the requirement of incorporating the environmental variable applicable to land-use plans does not apply. Consequently, the action was dismissed on all grounds.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "15/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1261274.json", "html_url": "/legal/doc/nexus-sen-1-0007-1261274", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1261274" }, { "id": "nexus-sen-1-0007-1261605", "citation": "Res. 33516-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of amparo regarding 5G antenna installation in residential neighborhood", "title_es": "Rechazo de amparo sobre instalación de antena 5G en barrio residencial", "summary_en": "The Constitutional Chamber rejects on the merits an amparo action filed by a resident against the Municipality of San José for granting a permit to install a 5G antenna near his home. The petitioner argued that the antenna threatens the health of residents and requested its relocation. The Chamber reiterates its well-established case law that there is no scientific evidence that telecommunications towers pose a risk to health or the environment. It notes that this is a public-interest service that transcends local concerns. Additionally, the Chamber recalls that it is not a legality reviewer and that issues regarding construction permits must be resolved through ordinary administrative or judicial channels. Applying the precedent set in ruling 2024-4146, it deems the amparo inadmissible and rejects it.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1261605.json", "html_url": "/legal/doc/nexus-sen-1-0007-1261605", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1261605" }, { "id": "nexus-sen-1-0007-1262106", "citation": "Res. 33636-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo to Order Transfer of a Forest Parcel in the Golfo Dulce Forest Reserve", "title_es": "Inadmisibilidad de amparo para ordenar traspaso de parcela forestal en Reserva Forestal Golfo Dulce", "summary_en": "The Constitutional Chamber dismisses an amparo petition filed against INDER requesting the transfer of parcel A-6, located in the Golfo Dulce Forest Reserve, to MINAE. The petitioner argued that INDER’s omission violated environmental protection principles, precautionary principle, and in dubio pro natura, putting a primary forest at risk. The Chamber holds the matter is one of ordinary legality, not a direct violation of fundamental rights, and therefore outside its constitutional jurisdiction. It states that determining the fate of the property —whether it should be transferred and to whom— is a legal, not constitutional, discussion to be resolved in administrative or judicial proceedings. The ruling reaffirms the amparo’s restorative nature and that it cannot be used for punitive, collection, or indemnification purposes.", "primary_topic_id": "property-and-titling", "topic_ids": [ "procedural-environmental", "property-and-titling", "forestry-law-7575" ], "date": "12/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1262106.json", "html_url": "/legal/doc/nexus-sen-1-0007-1262106", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1262106" }, { "id": "nexus-sen-1-0007-1263068", "citation": "Res. 34762-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for noise pollution and illegal weir in creek", "title_es": "Amparo por contaminación sónica y obra ilegal en quebrada", "summary_en": "The Constitutional Chamber denies an amparo filed by a Quepos resident against MINAE and the Ministry of Health for alleged inaction regarding noise and diesel spills from a Palma Tica S.A. pumping station on the Escandalosa Creek. After requesting reports, the Court found that the petitioner had not filed a formal complaint with the Water Directorate or the Ministry of Health. Upon learning of the case through the amparo, MINAE inspected the site and found an illegal weir in a public watercourse, for which it initiated administrative proceedings against the company; the inspection found no spills or visible ecological damage. The Ministry of Health tried to measure noise levels, but the petitioner refused to coordinate the inspection. The Court reminded MINAE of its duty to protect the public watercourse and warned that if the petitioner files a formal complaint, the authorities must address it within a reasonable time.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1263068.json", "html_url": "/legal/doc/nexus-sen-1-0007-1263068", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1263068" }, { "id": "nexus-sen-1-0007-1263081", "citation": "Res. 34944-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to information on Mancozeb spill and award of costs and damages", "title_es": "Acceso a información sobre derrame de Mancozeb y condenatoria en costas", "summary_en": "The Constitutional Chamber heard an amparo action against the Ministry of Public Works and Transport (MOPT) for failing to respond to a request for information about the Mancozeb fungicide spill in Barranca de Puntarenas. The petitioner sought details such as the companies involved, the volume spilled, the exact location, transport routes, corrective actions, and other emergency-related data. The Chamber found that, by the time the amparo was filed, the authority had not replied in time, thereby violating the right of access to information. During the proceedings, MOPT provided a partial answer, forwarding the information in its possession and noting that other data was not under its purview. The majority of the Chamber granted the amparo without awarding costs, damages, or losses, on the ground that the petitioner’s claim had been satisfied. Judges Salazar Alvarado and Garro Vargas issued partial dissenting opinions, arguing that an abstract condemnation for damages, losses, and/or costs should have been ordered under Articles 51 and 52 of the Constitutional Jurisdiction Law.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "22/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1263081.json", "html_url": "/legal/doc/nexus-sen-1-0007-1263081", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1263081" }, { "id": "nexus-sen-1-0007-1263888", "citation": "Res. 04023-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "MINAE's Failure to Respond on Hammerhead Shark Protection Actions", "title_es": "Omisión de respuesta del MINAE sobre acciones para proteger el tiburón martillo", "summary_en": "The Constitutional Chamber reviews an amparo action against the Ministry of Environment and Energy (MINAE) for failing to respond to two information requests filed by a citizen on August 15 and October 20, 2023. The requests sought details on actions taken by MINAE to comply with a Sala Primera ruling that declared the hammerhead shark endangered and ordered its protection, including a ban on incidental fishing. The petitioner also asked about the application of the Wildlife Conservation Law and Biodiversity Law to protect threatened marine species. The Chamber finds that the authority did not reply within a reasonable time—three months for the first request and over a month for the second—violating the constitutional rights of petition and access to public information under Articles 27 and 30 of the Political Constitution. Although the minister confirmed the email addresses were official channels for receiving requests, he did not prove a response was given. The amparo is granted, and the minister is ordered to respond within five days.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "wildlife-law-7317" ], "date": "16/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1263888.json", "html_url": "/legal/doc/nexus-sen-1-0007-1263888", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1263888" }, { "id": "nexus-sen-1-0007-1263892", "citation": "Res. 04041-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal obligation to respond to environmental petitions despite procedural defects", "title_es": "Obligación municipal de responder peticiones ambientales pese a fallas de forma", "summary_en": "The Constitutional Chamber granted an amparo against the Municipality of Sarapiquí for failing to respond to an information request regarding the canton's solid waste management. The petitioner, an elderly person representing an ecological association, sent the request by email and received an acknowledgment, but the municipality argued this was not an official channel and asked the petitioner to resubmit. The court holds that by confirming receipt the authority became obligated to reply under Article 27 of the Constitution, and under the principle of inter-administrative coordination, it should have processed the request internally or forwarded it to the competent body rather than redirecting the petitioner. The acting mayor is ordered to respond within ten days, and the municipality is ordered to pay costs and damages. A dissenting vote considers the petition inadmissible because it was not submitted through an official channel.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1263892.json", "html_url": "/legal/doc/nexus-sen-1-0007-1263892", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1263892" }, { "id": "nexus-sen-1-0007-1264081", "citation": "Res. 04004-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of access to information on a draft land-use plan and delayed administrative response", "title_es": "Derecho de acceso a información sobre plan regulador en trámite y respuesta tardía de la administración", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a citizen against the Municipality of Moravia, alleging a violation of the right to petition and access to information. The petitioner requested copies of the cantonal development plan, the municipal strategic plan, technical criteria for a land-use change, information on a public hearing, and other documents related to the proposed update of the regulatory plan. The municipality did not respond within the ten business days established by Article 32 of the Constitutional Jurisdiction Law, only replying after the amparo was filed. The Chamber granted the amparo, finding a violation of the fundamental right to petition and access to administrative information, even though the response was belated. The majority opinion did not impose costs, damages, or losses, reasoning that the violation had ceased and no direct financial harm was proven. Two justices partially dissented regarding the award of damages and losses, arguing that subsequent restitution does not preclude an award for the harm already caused.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1264081.json", "html_url": "/legal/doc/nexus-sen-1-0007-1264081", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1264081" }, { "id": "nexus-sen-1-0007-1264331", "citation": "Res. 04768-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "AyA Must Formally Respond to Sewage Complaint", "title_es": "AyA debe responder formalmente denuncia de aguas servidas", "summary_en": "The Constitutional Chamber hears an amparo filed by an elderly person who reported to the Costa Rican Institute of Aqueducts and Sewers (AyA) sewage contamination in front of his home, caused by an open manhole cover left after repairs. The complainant sent his report by email on January 5 and 8, 2024, and received no formal response. AyA stated it conducted an inspection, found the problem was in the stormwater system (under the jurisdiction of the Municipality of Desamparados, not AyA), and forwarded the case to that municipality via official letter on January 20. On January 24, it sent the complainant a copy of that letter. The Chamber holds that, while administrative action was taken, sending a copy of a letter addressed to a third party does not satisfy the right to petition and reply under Article 41 of the Constitution. The complainant's fundamental right was violated because he did not receive a formal, personalized response explaining the procedure, results, and decisions taken. The amparo is granted, ordering AyA to send a direct reply to the complainant within ten days, without ruling on the underlying environmental contamination, as the amparo only addressed the lack of response.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "23/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1264331.json", "html_url": "/legal/doc/nexus-sen-1-0007-1264331", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1264331" }, { "id": "nexus-sen-1-0007-1264604", "citation": "Res. 07912-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Bedbugs in prison and health order from Ministry of Health", "title_es": "Chinches en centro penitenciario y orden sanitaria del Ministerio de Salud", "summary_en": "The Constitutional Chamber hears an amparo action filed by inmates of the Nicoya Semi-Institutional Care Center, alleging violations of fundamental rights due to food shortages, broken public telephones, delayed payment of work incentives, and bedbug infestations. The Chamber dismisses the first three claims after verifying that authorities have taken appropriate measures. However, following an on-site inspection ordered by the Chamber and carried out by the Ministry of Health, the presence of bedbugs is confirmed, causing bites and allergic reactions among inmates. The Ministry issues a sanitary order to eliminate breeding sites and improve hygiene. The Chamber partially grants the amparo solely regarding the sanitary conditions, ordering the prison authorities to comply with the sanitary order within the given deadline, and orders the State to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1264604.json", "html_url": "/legal/doc/nexus-sen-1-0007-1264604", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1264604" }, { "id": "nexus-sen-1-0007-1264623", "citation": "Res. 07746-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of Immediate Compliance with Ruling Due to Municipal Disobedience on Water Management and Illegal Constructions", "title_es": "Reiteración de cumplimiento inmediato de sentencia por desobediencia municipal en manejo de aguas y construcciones ilegales", "summary_en": "The Constitutional Chamber addresses a new claim of disobedience regarding ruling 2022003192, which ordered the Municipality of Alajuela to resolve, within three months, illegal commercial activities and constructions on the affected properties, as well as the management of stormwater and sewage causing public health issues and environmental harm. Despite previous warnings and an immediate compliance order issued in August 2022, the municipal authorities failed to report on their compliance and ignored the Chamber’s summons in March 2024. Given the silence, the Chamber deems the non-compliance as proven, upholds the claim, and reiterates the duty to immediately enforce the original ruling, with an explicit warning that persistent disobedience will result in referring the case to the Public Prosecutor’s Office.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1264623.json", "html_url": "/legal/doc/nexus-sen-1-0007-1264623", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1264623" }, { "id": "nexus-sen-1-0007-1264736", "citation": "Res. 08066-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to Water and Service Continuity: Shortages in San Pablo de Heredia", "title_es": "Derecho al agua y continuidad del servicio: faltantes en San Pablo de Heredia", "summary_en": "The Constitutional Chamber reviews an amparo filed by a resident of San Pablo de Heredia against the Costa Rican Institute of Aqueducts and Sewers (AyA) for water shortages without prior notice and deficient communication channels. The petitioner alleged violation of fundamental rights. AyA reported that the San Pablo system has over 98% continuity, operates with a slight surplus, and interruptions are due to power outages or unforeseen breakdowns affecting higher areas, not the petitioner's residential area. Suspension bulletins were issued and multiple information channels exist. The Chamber concludes that AyA acted lawfully, without violating rights, demonstrating that shortages are not due to arbitrary action and that service meets regulatory continuity, quality, and pressure standards. The appeal is denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1264736.json", "html_url": "/legal/doc/nexus-sen-1-0007-1264736", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1264736" }, { "id": "nexus-sen-1-0007-1264819", "citation": "Res. 35496-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Drinking Water in Esterillos: Order to AyA to Ensure Continuous and Efficient Supply", "title_es": "Agua potable en Esterillos: orden al AyA de garantizar suministro continuo y eficiente", "summary_en": "The Constitutional Chamber upheld an amparo filed by residents of Esterillos, Puntarenas, against the Costa Rican Institute of Aqueducts and Sewers (AyA) for the deficient drinking water service since 2016. Despite a prior 2018 ruling ordering AyA to address water quality and guarantee supply via tanker trucks, the underlying problem remains: local wells have excess iron and manganese, and extended service cuts occur. The Chamber found the situation persists, with suspensions reported in 2024. It ordered AyA to immediately ensure daily and sufficient potable water, and to implement an efficient, effective, and continuous solution within 18 months. AyA's force majeure argument was rejected due to the longstanding nature of the problem. ARESEP is exonerated from liability in this amparo.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "29/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1264819.json", "html_url": "/legal/doc/nexus-sen-1-0007-1264819", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1264819" }, { "id": "nexus-sen-1-0007-1266322", "citation": "Res. 26871-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Facebook Blocking for Criticizing Public Health Policies", "title_es": "Bloqueo en Facebook por críticas a políticas de salud pública", "summary_en": "The Constitutional Chamber granted an amparo action against Vice President and Health Minister Mary Munive for blocking a citizen on her Facebook page. The Chamber found that the \"Mary Munive\" profile serves as an official channel for disseminating public activities, thus attracting duty-to-tolerate-criticism and anti-censorship standards applicable to institutional accounts. The minister failed to prove the block was based on insulting or offensive comments by the petitioner; instead, it followed his questioning and criticism. The Chamber reiterated that freedom of expression on social media used by public officials may only be restricted for openly outrageous expressions, and ordered the petitioner unblocked within three days, reaffirming protection of the right to information and citizen scrutiny.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1266322.json", "html_url": "/legal/doc/nexus-sen-1-0007-1266322", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1266322" }, { "id": "nexus-sen-1-0007-1267293", "citation": "Res. 26300-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with Judgment 2019-12745 on the delimitation of the Gandoca-Manzanillo Refuge", "title_es": "Incumplimiento de la sentencia 2019-12745 sobre delimitación del Refugio Gandoca-Manzanillo", "summary_en": "The Constitutional Chamber finds that Judgment 2019-012745, which partially annulled Law No. 9223 and ordered SINAC to demarcate the forested area excluded from the Gandoca-Manzanillo National Wildlife Refuge and to take legal actions to protect public property, has not been complied with. Despite technical studies, an official delimitation has not been issued, creating legal uncertainty and environmental risk. The Chamber orders SINAC and MINAE to immediately enforce the judgment, file monthly reports, and warns of criminal consequences for disobedience. The Attorney General is instructed to coordinate legal actions. Other claims, such as the suspension of SINAC Resolution 11-2017, are dismissed as outside the scope of the non-compliance petition. The decision includes dissenting votes and additional reasoning, emphasizing forest protection and the need to recover State Natural Heritage.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "10/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1267293.json", "html_url": "/legal/doc/nexus-sen-1-0007-1267293", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1267293" }, { "id": "nexus-sen-1-0007-1267425", "citation": "Res. 37007-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Closure of Montserrat field and right to recreation", "title_es": "Cierre de la cancha Montserrat y derecho a la recreación", "summary_en": "The Constitutional Chamber reviews an amparo filed by residents of Barrio El Carmen, Puntarenas, against the Municipality of Puntarenas for locking the gates of the Montserrat soccer field and granting its exclusive use to the Beach Soccer League (LIFUPLA). Despite a prior denial in the same matter (Decision No. 2023-004305), the Chamber changes its criterion by considering new arguments based on the best interests of minors and the right to recreation, recently elevated to constitutional status in Article 89 by Law No. 10376 of 2023. The Chamber finds that the field remains perimeter-fenced and padlocked, preventing free access by the community, especially children and youth from a socially marginalized area. It holds that the padlocking gravely violates the right to recreation and is not justified by safety concerns, since the perimeter fence suffices to protect minors. The Chamber grants the amparo and orders the Mayor of Puntarenas to immediately remove all obstacles to free access and guarantee the use and enjoyment of the sports facility by all residents, including children, seniors, and persons with disabilities.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "_off-topic" ], "date": "13/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1267425.json", "html_url": "/legal/doc/nexus-sen-1-0007-1267425", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1267425" }, { "id": "nexus-sen-1-0007-1267445", "citation": "Res. 27703-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Construction of a treatment plant in a protection area and without SENARA studies violates the precautionary principle", "title_es": "Construcción de planta de tratamiento en área de protección y sin estudios de SENARA vulnera principio precautorio", "summary_en": "The Constitutional Chamber partially grants an amparo action against the Municipality of Santa Ana and SETENA for violating the right to a healthy and ecologically balanced environment, in connection with the precautionary principle under Article 50 of the Constitution. The case concerns the approval of environmental feasibility and permits for a wastewater treatment plant of the Fontana Real Residential Complex on land that encroaches on the protection area of the Rodríguez Creek, just 7 meters from the watercourse, in breach of Article 33 of the Forestry Law. Moreover, the project sits atop an aquifer with a water table only 3 meters deep, used for irrigation, yet SENARA was never consulted to validate the hydrogeological studies as required by constitutional case law. The Chamber orders the immediate suspension of granted permits, the consultation of SENARA, and, only if SENARA deems it appropriate, the request for modification of the environmental feasibility before SETENA. The ruling reinforces the mandatory nature of SENARA’s technical approval when urban development projects may impact groundwater.", "primary_topic_id": "water-law", "topic_ids": [ "art-50-constitution", "water-law", "procedural-environmental" ], "date": "24/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1267445.json", "html_url": "/legal/doc/nexus-sen-1-0007-1267445", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1267445" }, { "id": "nexus-sen-1-0007-1267861", "citation": "Res. 37715-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Uncertainty in Continuity of the San José Metropolitan Area Environmental Improvement Project", "title_es": "Amparo por incertidumbre en continuidad del Proyecto de Mejoramiento Ambiental del Área Metropolitana de San José", "summary_en": "The Constitutional Chamber reviews an amparo appeal against the Costa Rican Institute of Aqueducts and Sewers (AyA) for alleged inaction in the execution of the San José Metropolitan Area Environmental Improvement Project (PMAAMSJ). The appellant claimed dereliction of duty by AyA's Executive Presidency and General Management for failing to sign approved financings and not guaranteeing completion by 2028, as well as disobedience of a prior Chamber ruling and lack of response to an information request. The Chamber partially grants the appeal, solely regarding the delay in preparing a project status report that will guide continuity measures. It orders AyA to complete that document and action plan within six months. The remaining claims are dismissed, as they pertain to ordinary legality, lack of standing, or because the right of petition does not cover requests for a meeting.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "water-law" ], "date": "20/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1267861.json", "html_url": "/legal/doc/nexus-sen-1-0007-1267861", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1267861" }, { "id": "nexus-sen-1-0007-1267878", "citation": "Res. 37925-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for illegal dump and scrapyard contaminating residential area in Alajuelita", "title_es": "Amparo por botadero de basura y chatarrería contaminante en zona residencial de Alajuelita", "summary_en": "Residents of Alajuelita filed an amparo action against the Municipality of Alajuelita and the Ministry of Health for the illegal operation of a garbage dump and scrapyard without proper permits, located near the Tiribí River. They reported environmental contamination, pest proliferation, foul odors, and public health risks. Although the authorities closed the site during the proceedings, the Constitutional Chamber found that they only ordered the closure without comprehensively analyzing waste management, environmental impact, river pollution, and public health issues. Furthermore, they failed to notify the complainants of a substantive resolution. The Chamber partially granted the amparo, ordering both authorities to fully examine all reported issues within one month and issue the corresponding administrative decisions, notifying the complainants. The ruling is based on the right to petition (Art. 41 Constitution) and the right to a healthy environment (Art. 50).", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1267878.json", "html_url": "/legal/doc/nexus-sen-1-0007-1267878", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1267878" }, { "id": "nexus-sen-1-0007-1267881", "citation": "Res. 37956-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sala IV orders guaranteed drinking water supply for prolonged suspensions in San Rafael de Escazú", "title_es": "Sala IV ordena garantizar suministro de agua potable ante suspensiones prolongadas en San Rafael de Escazú", "summary_en": "The Constitutional Chamber granted an amparo filed by a resident of San Rafael de Escazú, who claimed that a scheduled drinking water suspension on November 26, 2024, extended beyond 37 hours, affecting her basic needs and those of her elderly mother. The respondent, the Costa Rican Institute of Aqueducts and Sewers (AyA), justified the outage as preventive maintenance and unforeseen events in the Puente Mulas system. However, the Chamber found that AyA suffers from structural problems of inadequate planning, lack of project execution, and internal coordination failures, as evidenced by reports from the Comptroller General and ARESEP indicating inefficiency, 57% water losses, and poor investment portfolio management. Based on the fundamental right to drinking water recognized in Article 50 of the Constitution and international standards, the Chamber held that the prolonged suspension violated this right. It ordered AyA to immediately guarantee daily and sufficient drinking water supply whenever interruptions exceed 6 hours, and within 18 months to implement measures ensuring efficient, effective, and continuous service in the area. Judge Garro Vargas dissented, arguing lack of proper adversarial proceedings and that AyA had justified the suspension.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "20/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1267881.json", "html_url": "/legal/doc/nexus-sen-1-0007-1267881", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1267881" }, { "id": "nexus-sen-1-0007-1268146", "citation": "Res. 07872-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo against SENASA for failure to close illegal chicken coop", "title_es": "Amparo ambiental contra SENASA por omisión en clausura de gallinero ilegal", "summary_en": "The Constitutional Chamber granted an amparo filed by neighbors affected by the ongoing operation of an illegal chicken coop on an adjacent property. The petitioners claimed that the unpermitted activity—without a Veterinary Operation Certificate and less than 5 meters from their home—worsened their daughters' respiratory conditions and attracted vultures due to poor waste management. Despite multiple complaints since 2021, sanitary eviction orders issued by the National Animal Health Service (SENASA), and even a criminal complaint dismissed for formal defects, the birds remained on the premises at the time of the ruling. The Chamber found that SENASA had disproportionately delayed verifying and effectively enforcing its own orders, violating the petitioners' rights to health and a healthy environment, especially for the minors and an elderly adult. It ordered the officials to take necessary measures within 15 days to enforce the sanitary orders, warned them of disobedience charges, and ordered the State to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "22/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1268146.json", "html_url": "/legal/doc/nexus-sen-1-0007-1268146", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1268146" }, { "id": "nexus-sen-1-0007-1271063", "citation": "Res. 00092-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed over professional college membership requirement", "title_es": "Rechazo de amparo por requisito de incorporación colegial", "summary_en": "The petitioner, a licensed Environmental Management Engineer, was appointed to a Professional 1A position in Environmental Sanitation at the Ministry of Health. Her appointment was later revoked because she was not a member of the Federated College of Engineers and Architects (CFIA), a requirement not listed in the job posting. She argued she had been a member of the College of Agronomists since 2018 and could not meet the CFIA requirement within the short deadline. The Constitutional Chamber dismissed the amparo as inadmissible. It held that determining the legality of the revocation or whether her Agronomists membership sufficed was not a matter for amparo, which protects fundamental rights but does not serve to review the legality of administrative acts. The Chamber directed her to pursue ordinary administrative or judicial remedies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1271063.json", "html_url": "/legal/doc/nexus-sen-1-0007-1271063", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1271063" }, { "id": "nexus-sen-1-0007-1271082", "citation": "Res. 00216-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo inadmissible due to dissatisfaction with response", "title_es": "Inadmisibilidad de amparo por disconformidad con respuesta", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed by Carlos Espinoza Salas against the Legal Director of MINAE. The petitioner claimed the official failed to fully answer a request for information regarding appeal procedures before SETENA and other matters. The Chamber finds no omission in the response; rather, the petitioner's dissatisfaction lies with the content, criteria, and form of the answer provided via official note DAJ-MINAE-1757-2024. Such dissatisfaction falls outside the scope of constitutional amparo, which protects against omissions or actions violating fundamental rights but is not a mechanism to challenge the substance of an administrative response. The dispute must be resolved through ordinary legality channels, as amparo does not serve to review the correctness or quality of administrative answers.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "07/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1271082.json", "html_url": "/legal/doc/nexus-sen-1-0007-1271082", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1271082" }, { "id": "nexus-sen-1-0007-1271266", "citation": "Res. 00583-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for sewage overflows in El Cocal, Puntarenas: reiteration of orders due to municipal and Health Ministry non-compliance", "title_es": "Amparo por aguas negras en El Cocal de Puntarenas: reiteración de órdenes ante incumplimiento municipal y del Ministerio de Salud", "summary_en": "The Constitutional Chamber hears a new amparo from a resident of the El Cocal neighborhood in Puntarenas regarding the persistent problem of sewage entering homes, originating from the internal sewer network of the urbanization built by INVU. The petitioner claims lack of maintenance by competent authorities, endangering his health and that of neighbors, and causing environmental contamination. The Chamber finds that the situation is the same as in two previous amparos (files 18-006056-0007-CO and 19-015715-0007-CO), whose orders were not fully complied with by the Municipality of Puntarenas or the Ministry of Health. Despite numerous complaints, sanitary orders, and even criminal complaints against the mayor, the problem of obstruction of the pipeline easement and system collapse persists. The appeal is partially granted against the Municipality and the Ministry of Health, reiterating previous orders: coordinate an integral solution within one month, issue immediate provisional measures to address overflows, conduct a study of the easement and issue a technical and legal opinion, and comply with sanitary orders. The appeal against the Costa Rican Institute of Aqueducts and Sewers (ICAA) is dismissed, with only technical support required from them.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1271266.json", "html_url": "/legal/doc/nexus-sen-1-0007-1271266", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1271266" }, { "id": "nexus-sen-1-0007-1271481", "citation": "Res. 00002-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience Regarding Arsenic Contamination in Quintas Don Fernando Aqueduct", "title_es": "Desobediencia por contaminación de arsénico en acueducto de Quintas Don Fernando", "summary_en": "The Constitutional Chamber heard a disobedience claim filed by residents against AyA (the national water and sewer utility), the Quintas Don Fernando ASADA (local water board), and the Esparza Health Area, alleging noncompliance with ruling 2023-014243 which ordered investigation and remediation of arsenic contamination in drinking water in Quintas Don Fernando, Esparza. AyA demonstrated it conducted a hydrogeological study with SENARA that identified a natural geological origin for the arsenic, disseminated results to the community, and designed an interconnection plan with the Esparza aqueduct as a definitive solution, with completion expected by March 15, 2025. It also proved ongoing potable water supply via tanker trucks, public information campaigns, and quarterly water quality monitoring in Quintas Don Fernando. However, the Chamber found AyA failed to prove the November 2024 quarterly assessment of all affected aqueducts as required by the original ruling, so it partially grants the disobedience claim, ordering immediate completion of that measurement and continuation of the interconnection project. The claim against the ASADA and Health Area is dismissed as they complied with their respective orders.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "07/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1271481.json", "html_url": "/legal/doc/nexus-sen-1-0007-1271481", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1271481" }, { "id": "nexus-sen-1-0007-1271490", "citation": "Res. 00480-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sala Constitucional Denies Amparo on Logging and Landscape in the Talamanca Coast", "title_es": "Sala Constitucional rechaza amparo sobre tala y paisaje en la costa de Talamanca", "summary_en": "The Constitutional Chamber dismissed the amparo action filed against MINAE and SINAC regarding alleged logging permits in Afro-descendant territories of the South Caribbean and the lack of wetland and forest mapping. The court found the claims generic and failing to demonstrate a direct violation of a fundamental right. It noted that 74% of the Talamanca coast is protected as state natural heritage where logging permits are not issued, and the remaining 25% are urban nuclei on private properties. Regarding mapping, it verified that SINAC has official layers on the SNIT platform and that previous rulings already ordered updated PNE certifications. The requested precautionary measure on properties tracing back to mother lot 7-39050-000 was also denied, redirecting the complainant to prior constitutional decisions.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "10/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1271490.json", "html_url": "/legal/doc/nexus-sen-1-0007-1271490", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1271490" }, { "id": "nexus-sen-1-0007-1271499", "citation": "Res. 00538-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Response to Environmental Complaint and Cessation of Harm in Amparo", "title_es": "Respuesta a denuncia ambiental y cese del agravio en amparo", "summary_en": "The Constitutional Chamber hears an amparo appeal against SINAC for failing to respond to an environmental complaint regarding stream piping and irregular constructions in Las Brisas Free Trade Zone. The appellant claims violation of fundamental rights, as neither his July 22, 2024 complaint nor his August 21, 2024 information request were answered. During proceedings, SINAC shows it was already investigating the facts since 2023 (SITADA file 33486-2022 and criminal case 23-036685-0042-PE) and notifies its response to the appellant on December 13, 2024. The Chamber finds that the original omission was remedied as a result of the amparo, thus grants the appeal without awarding costs or damages, considering the claim satisfied. Dissenting votes are issued on the award of damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1271499.json", "html_url": "/legal/doc/nexus-sen-1-0007-1271499", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1271499" }, { "id": "nexus-sen-1-0007-1271617", "citation": "Res. 00518-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative Failure to Respond in Well Permit and Environmental Viability Process", "title_es": "Omisión de respuesta administrativa en trámite de pozo y viabilidad ambiental", "summary_en": "The Constitutional Chamber of Costa Rica reviewed an amparo action filed against SETENA and the Water Directorate of MINAE for lack of response to requests concerning well CY-15 in Malpaís de Cóbano. The petitioner argued the well, classified as semi-confined, should be deemed covered unconfined, and its proximity to a stream and fecal coliform contamination justified immediate closure. The Chamber found SETENA had processed the request—treated as an absolute nullity incident against the environmental viability of the Bella Flor de Montezuma condominium project—and had even issued a precautionary suspension, notified after the amparo was admitted. However, the Water Directorate, despite issuing a technical response (document DA-UHSAN-1176-2024), failed to notify it to the petitioner. The Chamber therefore partially granted the amparo solely for the failure to notify that response, ordering its notification within five days and condemning MINAE to pay costs and damages. The claim against SETENA was dismissed as it had acted before the amparo was notified.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "10/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1271617.json", "html_url": "/legal/doc/nexus-sen-1-0007-1271617", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1271617" }, { "id": "nexus-sen-1-0007-1271622", "citation": "Res. 00544-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Picagres Landfill Project: No Fundamental Rights Violation by Minae, Setena, and Municipality", "title_es": "Proyecto de relleno sanitario en Picagres: sin vulneración por parte de Minae, Setena y Municipalidad", "summary_en": "The Constitutional Chamber denied the amparo filed by residents against the Ministry of Environment and Energy (MINAE), the Municipality of Mora, SETENA, and SINAC for alleged failure to oversee the Parque Industrial Jateo landfill project in Picagres, Mora. The petitioners alleged tree felling, earthworks, and material extraction without permits, as well as impacts on water bodies, springs, and the El Rodeo protected forest. The Chamber found that the Municipality carried out inspections, ordered the closure of irregular works, and duly notified the developer; SETENA determined that reported activities (clearing, cleaning) did not constitute commencement of construction and that the environmental viability granted in 2013 remained suspended pending judicial resolution of the land-use permit’s validity. The Chamber held there was no inaction or violation of fundamental rights, while instructing the authorities to conduct a pending joint inspection within a reasonable time.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575", "water-law" ], "date": "10/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1271622.json", "html_url": "/legal/doc/nexus-sen-1-0007-1271622", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1271622" }, { "id": "nexus-sen-1-0007-1271625", "citation": "Res. 00551-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Belated MINAE response to environmental impact inquiries", "title_es": "Respuesta extemporánea de MINAE sobre consultas de impactos ambientales", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a deputy against the Ministry of Environment and Energy for failing to respond in a timely manner to a request for information on environmental impacts of a Solid Waste Transfer Technology Center in the community of Nombre194999, Osa. The request, sent on October 29, 2024, questioned the technical studies considered for granting wastewater discharge permits, the impacts on the Natural State Heritage (Térraba Sierpe Wetlands), the availability of potable water for the community, and compliance with Article 50 of the Constitution. The Chamber found that the respondent authority issued a response on November 28, 2024, after the amparo was admitted but before the final ruling. Therefore, it granted the amparo since the harmful omission had ceased, without issuing any order. The majority decided not to impose costs, damages, and losses, considering that it did not involve a right of clear pecuniary content. There were dissenting votes advocating for the imposition of these remedies.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1271625.json", "html_url": "/legal/doc/nexus-sen-1-0007-1271625", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1271625" }, { "id": "nexus-sen-1-0007-1271627", "citation": "Res. 00560-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "ASADA Ordered to Notify Response on Water Permits", "title_es": "ASADA obligada a notificar respuesta sobre permisos de agua", "summary_en": "The Constitutional Chamber hears an amparo filed by a congressman against the ASADA of Piedras Blancas de Osa for failing to respond to an information request about water permits and technical feasibility for supplying water to the 'Centro Tecnológico de Transferencia de Desechos Sólidos en Salamá de Osa' project. Although the ASADA issued a reply after the amparo was filed, it did not notify the petitioner nor submit the required report to the Chamber. The court finds that the ASADA holds a position of power where ordinary remedies are insufficient or untimely to protect the deputy's right of access to information. The amparo is granted, ordering the ASADA to immediately notify the reply, with costs and damages awarded.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1271627.json", "html_url": "/legal/doc/nexus-sen-1-0007-1271627", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1271627" }, { "id": "nexus-sen-1-0007-1271959", "citation": "Res. 00075-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Consolidation of amparos on access to construction permits in river protection zones", "title_es": "Acumulación de amparos sobre acceso a permisos de construcción en zona de protección de ríos", "summary_en": "The Constitutional Chamber consolidates amparo case 24-033482-0007-CO with case 24-027574-0007-CO due to material connection. Both amparos, filed by the same petitioner against the Municipality of Pérez Zeledón, concern the denial of access to documents related to a construction permit granted to a private company within the protection zone of the Barucito River. The first amparo challenged the refusal to provide a copy of the construction permit, while the present one challenges the denial of access to administrative file ADM-0230-24-ACO, opened ex officio by the municipality against the permit holder. The Chamber finds an evident connection between both proceedings, as they revolve around the same underlying issue: the alleged failure of municipal control over a construction project in a riparian protection area and the consequent denial of information to the petitioner. To avoid contradictory rulings, consolidation is ordered without addressing the merits in this decision. The ruling is strictly procedural and does not imply any pronouncement on the alleged violation of fundamental rights, which must be resolved in the consolidated case.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1271959.json", "html_url": "/legal/doc/nexus-sen-1-0007-1271959", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1271959" }, { "id": "nexus-sen-1-0007-1271962", "citation": "Res. 01161-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Declassification of municipal parks and donation to MEP without compensation", "title_es": "Desafectación de parques municipales y donación al MEP sin compensación", "summary_en": "The Constitutional Chamber dismissed a constitutional challenge against Law No. 10118, which declassifies two municipal properties designated as parks in Curridabat and authorizes their donation to the Ministry of Public Education to consolidate the José María Zeledón Brenes School. The claimant, the mayor of Curridabat, alleged violation of municipal autonomy and the right to a healthy environment enshrined in Articles 50 and 170 of the Constitution, as well as Article 40 of the Urban Planning Law, because the declassification was carried out without compensation. The Chamber, in a majority vote, held that the law is merely enabling and does not compel the municipality, thus not infringing autonomy. Regarding the environment, it considered that the change in use maintains public purpose, that the conversion to a school had de facto operated since 1992, the segregated area is small, and the jurisprudence has not constitutionalized specific park percentages; it also balanced the best interests of the child and the right to education. Justice Garro Vargas issued a partial dissent, rejecting the admissibility concerning the alleged municipal autonomy violation.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "15/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1271962.json", "html_url": "/legal/doc/nexus-sen-1-0007-1271962", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1271962" }, { "id": "nexus-sen-1-0007-1272042", "citation": "Res. 01363-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must comply with CNE report on stormwater management", "title_es": "Municipalidad debe atender informe de CNE sobre manejo de aguas pluviales", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a property owner in Mercedes Norte, Puriscal, who claimed that inadequate stormwater management from the municipal road and adjacent properties is causing severe erosion on his land, threatening his home and the stability of the public road. The petitioner alleged that since 2015 he has unsuccessfully requested the Municipality of Puriscal to implement mitigation measures. The Chamber found that, despite some municipal actions (such as paving and pipe replacement in 2021), the problems persist and have worsened, as confirmed by a technical report from the National Commission for Risk Prevention and Emergency Response (CNE) dated August 21, 2024, which recommended urgent technical studies and intervention in the affected area. The Municipality acknowledged the need for such studies but failed to set concrete deadlines or an action plan. The Chamber held that the municipal omission violates the petitioner's fundamental rights, especially due to the disproportionate delay in addressing a problem dating back to at least 2016, and partially granted the appeal, ordering the Municipality to implement the CNE report recommendations within a maximum of six months.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272042.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272042", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272042" }, { "id": "nexus-sen-1-0007-1272167", "citation": "Res. 01282-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Notify Final Resolution After Environmental Complaint", "title_es": "Omisión de notificar resolución final tras denuncia ambiental", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Desamparados and the Ministry of Health for alleged inaction regarding a complaint about sewage overflows that flooded the plaintiff's home. The Chamber finds that both entities conducted inspections and dye tests, concluding that no connection was proven to the alleged source. The Ministry of Health even closed a commercial premises for having an expired health permit. However, the Chamber finds that neither the Municipality nor the Health Directorate notified the plaintiff of the final resolution of her complaint, violating her right to prompt and complete administrative justice. The appeal is partially upheld, ordering the defendant authorities to issue and notify the plaintiff, within ten days, of the resolutions that definitively resolve her complaint, without ruling on the merits of the underlying matter.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272167.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272167", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272167" }, { "id": "nexus-sen-1-0007-1272191", "citation": "Res. 01417-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality Must Coordinate with Health Ministry on Wastewater Environmental Complaints", "title_es": "Municipalidad debe coordinar con Salud en denuncias ambientales por aguas residuales", "summary_en": "The Constitutional Chamber ruled on an amparo filed by a property owner in Nicoya who reported to the Municipality a wastewater spill from neighboring properties that damaged her land. She claimed a violation of her right to a prompt and complete administrative procedure, as the complaint filed on October 4, 2024 had not been resolved by the time the amparo was lodged in December 2024. The Municipality inspected the site only after being notified of the constitutional action, confirmed the spill but could not identify its exact source, and forwarded the case to the Nicoya Health Area under Law No. 5395. The Chamber found that the Municipality violated the complainant's fundamental rights by failing to diligently process the complaint, and ordered it to resolve the matter within two months in coordination with the Ministry of Health. Regarding the Ministry of Health, since it had received the file only a week earlier, no violation was found. The amparo was partially granted, with costs imposed on the Municipality, and an order for joint follow-up with the health authority.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272191.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272191", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272191" }, { "id": "nexus-sen-1-0007-1272193", "citation": "Res. 01430-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "INVU's failure to respond to request for information on Regulatory Plan and urban quadrants", "title_es": "Omisión de respuesta del INVU a solicitud de información sobre Plan Regulador y cuadrantes urbanos", "summary_en": "The Constitutional Chamber hears an amparo appeal against the National Institute of Housing and Urbanism (INVU) for failing to respond to a request for certified information on the status of the Regulatory Plan process and urban quadrant expansion in Santa Bárbara de Heredia. The petitioner submitted the request on October 25, 2024, but had not received a reply by the filing date. INVU submitted a report detailing the separate processes of Regulatory Plan preparation and urban quadrant development, attaching a link to the file and certification, but did not prove it had responded directly to the petitioner or provided the requested information. The Chamber grants the appeal, ordering INVU to respond to the request and provide the information within ten days, safeguarding sensitive data. Costs, damages, and losses are awarded.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "subdivision-fraccionamiento", "procedural-environmental" ], "date": "17/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272193.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272193", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272193" }, { "id": "nexus-sen-1-0007-1272223", "citation": "Res. 01768-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Presidency, MAG, and INCOPESCA for failure to implement artisanal fishing decree dismissed outright", "title_es": "Rechazo de plano de amparo contra la Presidencia, MAG e INCOPESCA por no implementar decreto de pesca artesanal", "summary_en": "The Constitutional Court dismissed outright an amparo action filed by coordinators of the Network of Marine Areas of Responsible Fishing and Marine Life Territories against the Presidency, the Ministry of Agriculture and Livestock (MAG), and the Costa Rican Institute of Fishing and Aquaculture (INCOPESCA). The plaintiffs alleged lack of response to information requests regarding the implementation of Executive Decree No. 42955, which declares the small-scale artisanal fishing development model a matter of public interest, and the failure to execute said decree. The Court held that the claims could not be heard in this forum. Regarding the lack of response, it found that the matter was not a request for public information under Articles 27 or 30 of the Constitution but rather a claim for prompt administrative justice (Article 41) that must be litigated before the administrative courts. As for the request for a meeting with the President, it ruled that this does not constitute an exercise of the right to petition. On the failure to implement the decree, the Court stated that it does not oversee ordinary legality and that any omissions in the execution of infra-constitutional norms must be decided by the administrative jurisdiction. The amparo was dismissed outright on all grounds.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272223.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272223", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272223" }, { "id": "nexus-sen-1-0007-1272604", "citation": "Res. 08780-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Driver's License Renewal Blocked by Fine in Judicial Collection", "title_es": "Renovación de licencia de conducir bloqueada por multa en cobro judicial", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed by a citizen who was prevented from renewing his driver's license because he had a traffic ticket under judicial collection, despite having completed the required driver reeducation course and the COSEVI system showing zero debt. The Chamber holds that the dispute is one of ordinary legality and does not directly involve fundamental rights, thus exceeding its jurisdiction. It notes that Article 196 of the Traffic Law requires payment of all confirmed fines before a license renewal can be processed, and that the pending judicial collection constitutes a legal impediment. The Chamber clarifies that it is not its role to review the validity of the ticket or to determine whether the payment alleged by the petitioner extinguishes the debt, as these matters must be raised in the ordinary courts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272604.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272604", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272604" }, { "id": "nexus-sen-1-0007-1272787", "citation": "Res. 01697-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Impropriety of disobedience claim by non-party", "title_es": "Improcedencia de gestión de desobediencia por no ser parte", "summary_en": "The Constitutional Chamber addresses a disobedience claim filed by Aaron Tapia Cortés, who was not a party to the original amparo proceeding (file 24-002426-0007-CO). In prior judgment No. 2024-006366, the Chamber granted the amparo upon verifying that the environmental complaint had been addressed, without issuing further orders. The claimant argues that the Municipality of Talamanca has failed to recover public spaces in the Maritime Terrestrial Zone despite a municipal agreement. The Chamber rejects the claim on two grounds: the claimant lacks standing as he was not a party, and the judgment contains no order whose breach can be claimed, as the amparo’s purpose was already fulfilled. Finding that the allegations refer to different and subsequent facts, the Chamber orders the brief be detached and processed as a new matter. This is a purely procedural decision on the limits of the disobedience incident in amparo proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272787.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272787", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272787" }, { "id": "nexus-sen-1-0007-1272798", "citation": "Res. 01925-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality action against CAFTA approved by referendum", "title_es": "Rechazo de acción de inconstitucionalidad contra el TLC aprobado por referéndum", "summary_en": "The Constitutional Chamber summarily dismissed an unconstitutionality action brought by a citizen against the Executive Decree that called the 2007 CAFTA referendum, the legislative agreement approving it, and the resulting law. The plaintiff argued that the treaty included matters excluded from referendum (tax, fiscal, budgetary) under Article 105 of the Constitution. The Chamber held that the action lacked standing, as defending the power to legislate as a diffuse interest amounts to a generic interest in watching over constitutional legality, which is not covered by a direct unconstitutionality action without a pending case. Admitting it would mean recognizing a popular action, incompatible with Costa Rica’s constitutional review system. Dissenting judges argued the plaintiff should have been allowed to correct pleading deficiencies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272798.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272798", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272798" }, { "id": "nexus-sen-1-0007-1272893", "citation": "Res. 01922-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flat rejection of unconstitutionality claim against INS exclusivity in Insurance Law", "title_es": "Rechazo plano de acción contra exclusividad del INS en Ley de Seguros", "summary_en": "The Constitutional Court flatly rejected an unconstitutionality action brought by Oceánica de Seguros S.A. against Article 7, paragraph 5, of the Insurance Market Regulatory Law (Law No. 9986). The plaintiff argued that the provision—which states that the State shall directly contract all its insurance with INS provided INS offers more favorable conditions—violated constitutional principles of free competition, equality, supremacy of international treaties (CAFTA), public bidding, reasonableness, and proportionality, by unjustifiably favoring the National Insurance Institute. However, the Court found that the plaintiff lacked standing, since the challenged norm is subject to individual application and could cause direct harm to identifiable companies, which precludes reliance on diffuse interests. Nor did the defense of corporate interests apply. Pursuant to Article 9 of the Constitutional Jurisdiction Law, the Court dismissed the action as manifestly inadmissible.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272893.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272893", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272893" }, { "id": "nexus-sen-1-0007-1272898", "citation": "Res. 02002-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality Must Guarantee Operation of Wastewater Treatment Plant", "title_es": "Municipalidad debe garantizar el funcionamiento de planta de tratamiento de aguas residuales", "summary_en": "The Constitutional Chamber granted an amparo action against the Municipality of Alajuela for inaction regarding the collapse of the San Charbel development's wastewater treatment plant. The petitioner, a resident, reported that the plant, located on municipal land, had been left without maintenance, causing it to stop functioning and creating a serious health and environmental risk. The Ministry of Health had issued a sanitary order to reactivate it. The Chamber found that despite being aware of the problem since January 2023 and the health authorities' warnings, the Municipality did not take the necessary steps to resolve the situation, demonstrating an inability to protect the right to a healthy environment and community health. The Chamber ordered the Municipality, within six months and in coordination with the national water utility (AyA) and the Health Area, to take all necessary actions to eliminate the problem, including transferring the plant if appropriate. The Ministry of Health and AyA were found not responsible. Justice Garro Vargas issued a partial dissent, arguing that the enforcement phase should be handled by the administrative court.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "24/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272898.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272898", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272898" }, { "id": "nexus-sen-1-0007-1272907", "citation": "Res. 02284-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Occupation in Wildlife Refuge is a legality conflict", "title_es": "Ocupación en Refugio de Vida Silvestre es conflicto de legalidad", "summary_en": "The Constitutional Chamber hears an amparo filed by a person claiming to have occupied land within the Ostional National Wildlife Refuge for several years. The claimant argues that the Tempisque Conservation Area filed a criminal complaint against them for invasion of a protected area and threatened administrative eviction. The Chamber dismisses the amparo, holding that the dispute does not involve a direct violation of fundamental rights amenable to amparo, but rather is a mere legality conflict regarding the propriety of the eviction and the validity of the occupation. The Court emphasizes that it is not a controller of administrative legality and is not called to resolve infra-constitutional disputes about possession or eviction. It further notes that the petitioner has already initiated a contentious-administrative proceeding and sought precautionary measures against the eviction order, which is the appropriate avenue. Consequently, the amparo is denied in all respects.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "criminal-environmental", "procedural-environmental" ], "date": "24/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272907.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272907", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272907" }, { "id": "nexus-sen-1-0007-1272914", "citation": "Res. 01991-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo for stormwater and wastewater discharge in Montes de Oca", "title_es": "Amparo ambiental por descarga de aguas pluviales y residuales en Montes de Oca", "summary_en": "The Constitutional Chamber hears an amparo filed by a property owner in Cedros de Montes de Oca, who claims that rainwater and wastewater from neighboring houses are discharged onto her land, causing foul odors, vectors, and an unhealthy environment. The plaintiff filed complaints with the Montes de Oca Health Area and the Municipality. Despite inspections and dye tests, the Health Ministry has not issued a final decision, while the Municipality issued a warning but asserted it lacked enforcement power. The Chamber partially upholds the amparo, finding that after more than six months the Health Area has not resolved the complaint, violating the rights to a healthy environment and health. It orders the Health Ministry to decide the complaint within one month. The claim against the Municipality is dismissed as premature and within its powers.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "24/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272914.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272914", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272914" }, { "id": "nexus-sen-1-0007-1272917", "citation": "Res. 02021-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on sanitary conditions at José Ricardo Orlich Zamora School", "title_es": "Amparo por condiciones sanitarias en escuela José Ricardo Orlich Zamora", "summary_en": "The Constitutional Chamber partially granted an amparo action filed on behalf of the students of the José Ricardo Orlich Zamora School, due to the severe infrastructure deficiencies and unsanitary conditions that have persisted since 2012. The Chamber found that the Health Authority failed to follow up on the technical reports issued in 2012, and that the Ministry of Public Education (MEP), despite being aware of the problems, has not solved them in over twelve years. The Chamber ordered the MEP to comply with the Ministry of Health's requirements to definitively solve the infrastructure problems, to ensure educational continuity and to protect the life, health and integrity of the school community. It also ordered the Health Authority to monitor compliance with the sanitary order issued in December 2024, until full and proper satisfaction.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272917.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272917", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272917" }, { "id": "nexus-sen-1-0007-1272958", "citation": "Res. 02220-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo over water infiltration inspection request", "title_es": "Amparo prematuro por inspección de daños por infiltración de aguas", "summary_en": "The Constitutional Chamber flatly rejects an amparo appeal as premature. The appellant had asked the Municipality of Vázquez de Coronado for an inspection due to water infiltration from a neighbor's construction, submitting the request on November 28, 2024. By the time the amparo was filed on January 2, 2025, the reasonable two-month period that constitutional case law has set for the administration to resolve environmental complaints or requests had not yet elapsed. The Chamber reiterates that this period must be respected before resorting to amparo, as otherwise the appeal is inadmissible for being premature.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272958.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272958", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272958" }, { "id": "nexus-sen-1-0007-1272965", "citation": "Res. 02254-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Untimely Municipal Complaint and Dismissal of Amparo", "title_es": "Denuncia municipal no resuelta a tiempo y rechazo de amparo", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of Desamparados filed by a resident who, on November 5, 2024, complained that storm-drain works carried out by the municipality in the Encinales sector were unfinished, lacked a grate, and caused flooding on her property, hindering free movement and the safety of her elderly mother. The petitioner alleged a violation of the right to prompt and complete administrative justice (Article 41 of the Constitution) because, by the time of the amparo, she had not received a substantive response. The Chamber admits the case as an exception given the vulnerability of the elderly person involved. On the merits, it finds that the complaint was substantively answered on January 15, 2025, within a period that was not unreasonable considering the municipality's year-end closure. The Chamber concludes there was no violation of Article 41 and dismisses the amparo. It clarifies that its role is not to review the legality of the municipality's decision but to protect the fundamental right to a timely response, which was satisfied. If the petitioner disagrees with the response, she must pursue administrative or contentious-administrative remedies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1272965.json", "html_url": "/legal/doc/nexus-sen-1-0007-1272965", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1272965" }, { "id": "nexus-sen-1-0007-1273029", "citation": "Res. 02056-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flooding in Candelaria de Naranjo due to improper stormwater management", "title_es": "Inundaciones en Candelaria de Naranjo por mal manejo de aguas pluviales", "summary_en": "The Constitutional Chamber hears an amparo filed by a resident of Candelaria de Naranjo, who denounces constant flooding in his community since 2018 due to improper stormwater and wastewater management. The petitioner alleges inaction by the Municipality of Naranjo, the Ministry of Health, and the National Road Council (CONAVI). The Chamber finds that, despite repeated complaints, the authorities have not coordinated or executed the necessary works to solve the problem comprehensively and definitively. Flooding is exacerbated by new constructions without proper planning, clogged culverts, and modification of natural drainage. The amparo is granted against the Municipality and CONAVI, ordering them to coordinate and complete all necessary actions and works within six months to solve the flooding. The amparo against the Ministry of Health is dismissed because it addressed the original 2018 complaint and the new facts were not timely brought to its attention. The ruling includes a dissenting vote regarding the execution phase.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "24/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1273029.json", "html_url": "/legal/doc/nexus-sen-1-0007-1273029", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1273029" }, { "id": "nexus-sen-1-0007-1273091", "citation": "Res. 02043-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of non-enforcement claim for late payment of labor benefits", "title_es": "Archivo de gestión de inejecución por pago extemporáneo de prestaciones laborales", "summary_en": "The Constitutional Chamber reviewed a non-enforcement claim filed by a former employee of the Ministry of Environment and Energy (MINAE) and the Environmental Administrative Tribunal. The original ruling (No. 2024035655) ordered the authorities to pay her due labor benefits within one month. The petitioner claimed she had not been notified of payment by the deadline. During the proceedings, however, it was proven that the deposit was made on December 20, 2024, within the given timeframe. The petitioner herself later acknowledged receiving notification and requested the case be closed. The Chamber confirmed timely compliance with its order and dismissed the non-enforcement claim as unfounded. This ruling is purely procedural and does not involve substantive environmental issues.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1273091.json", "html_url": "/legal/doc/nexus-sen-1-0007-1273091", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1273091" }, { "id": "nexus-sen-1-0007-1273124", "citation": "Res. 02460-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non‑compliance with ruling on flooding in Villa Bonita", "title_es": "Incumplimiento de sentencia sobre inundaciones en Villa Bonita", "summary_en": "The Constitutional Chamber reviews a non‑compliance claim filed by the community of Villa Bonita de Alajuela against the Municipality of Alajuela, the National Road Council (CONAVI), and the Ministry of Health for failing to fully comply with ruling No. 2020‑18857, which ordered them to solve flooding, waste accumulation, and illegal wastewater discharge problems. The Chamber finds that the Municipality has made progress through studies, bidding, and construction of a stormwater system, with works nearing completion, and that CONAVI has coordinated technically with the municipality, and therefore dismisses the claim against those entities. However, it finds that the Health Area of Alajuela 1 has failed to effectively follow up on the sanitary orders issued and has remained inactive for the last two years. Consequently, the non‑compliance claim is granted only against the Ministry of Health, and the current Director is ordered to immediately comply with the original ruling, under warning of administrative proceedings.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "28/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1273124.json", "html_url": "/legal/doc/nexus-sen-1-0007-1273124", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1273124" }, { "id": "nexus-sen-1-0007-1273740", "citation": "Res. 09467-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of water service due to lack of technical feasibility is not arbitrary", "title_es": "Denegatoria de servicio de agua por falta de factibilidad técnica no es arbitraria", "summary_en": "The Constitutional Chamber reviews an amparo filed by a resident of Parcelas Monseñor Morera against the local ASADA and AyA for denying water service. The petitioner, who lives with his wife and an elderly person with health problems, claims the denial was arbitrary. The Chamber finds that the ASADA based its refusal on lack of technical feasibility: no hydraulic capacity study exists, no water main passes the property, and the house is outside the settlement perimeter. The house was built without a prior service availability certificate. Regarding the right to petition, the Chamber notes that, as a private entity, the ASADA owes no such duty to a non-member. The appeal is denied; the refusal was not arbitrary but grounded in objective technical reasons, consistent with jurisprudence holding that the right to water does not entail unrestricted access.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "12/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1273740.json", "html_url": "/legal/doc/nexus-sen-1-0007-1273740", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1273740" }, { "id": "nexus-sen-1-0007-1274022", "citation": "Res. 02839-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of potable water availability in San Juan de Santa Cruz", "title_es": "Amparo por falta de disponibilidad de agua potable en San Juan de Santa Cruz", "summary_en": "The Constitutional Chamber heard an amparo filed by a resident of San Juan de Santa Cruz, Guanacaste, against the local rural water board (ASADA) and the Costa Rican Institute of Aqueducts and Sewers (AyA), for refusing to issue potable water availability certificates. Since 2020, the area was declared deficit due to insufficient storage capacity and decreased well flow, leading to a halt on new connections. The petitioner, who sought to subdivide a lot and build a workshop, claimed violations of his rights to water, work, and decent housing, as well as lack of response to his requests. The Chamber found that both the ASADA and AyA incurred unjustified delay in implementing recommended infrastructure upgrades, violating the principle of proper functioning of public services and the right to potable water. It partially granted the amparo, ordering both entities to coordinate within one month to comply with the deficit zone memorandum and complete the necessary works within twelve months. It also ordered payment of costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "31/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1274022.json", "html_url": "/legal/doc/nexus-sen-1-0007-1274022", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1274022" }, { "id": "nexus-sen-1-0007-1274065", "citation": "Res. 03101-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Cell tower in Ostional without permits and felling of cenízaro tree", "title_es": "Antena celular en Ostional sin permisos y tala de cenízaro", "summary_en": "The Constitutional Chamber summarily dismissed an amparo petition challenging the installation of a cell tower in Ostional, Guanacaste. Petitioner argued lack of construction permits, harm to the health and tranquility of elderly neighbors, presumed location within the Ostional Wildlife Refuge, and felling of a protected cenízaro tree. The Chamber reiterates its settled case law: there is no scientific evidence that cell towers pose a risk to health or the environment; verifying compliance with permits and technical regulations is a matter for ordinary administrative and judicial bodies, not the constitutional court. Moreover, petitioner admitted not filing any formal complaint, precluding a finding of unlawful omission. The petition is therefore inadmissible as manifestly unfounded.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "31/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1274065.json", "html_url": "/legal/doc/nexus-sen-1-0007-1274065", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1274065" }, { "id": "nexus-sen-1-0007-1274556", "citation": "Res. 02797-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to Administrative File and Petition Regarding Aczarri Environmental Technology Park", "title_es": "Acceso a expediente y petición sobre Parque Tecnológico Aczarri", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a journalism student against the Municipality of Aserrí, for failing to respond promptly to two requests concerning the Aczarri Environmental Technology Park. The first request sought a copy of the complete administrative file for the project, emphasizing municipal permits for the single cell. The second posed a series of questions regarding the operation of that cell, COMIMA's role, and the municipality's stance on the lack of an environmental impact study and public hearing. The Chamber held that the Municipality violated the right to petition by answering the questions only after being notified of the amparo, and violated the right of access to administrative information by groundlessly denying the copy, claiming the case was pending. The amparo was granted: the Municipality was ordered to provide a copy of the file, and a declaration of violation of the right to petition was entered for the already-answered questions. The Municipality was ordered to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "31/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1274556.json", "html_url": "/legal/doc/nexus-sen-1-0007-1274556", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1274556" }, { "id": "nexus-sen-1-0007-1274562", "citation": "Res. 02815-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo appeal concerning water intake construction outside petitioner's property", "title_es": "Recurso de amparo por construcción de tanque de captación fuera de la propiedad del recurrente", "summary_en": "The petitioner alleged that the ASADA of San Ramón de la Virgen de Sarapiquí and AyA were constructing a water intake for a spring on his property without a concession, violating his property rights. The Constitutional Chamber dismissed the appeal, finding it proven that, after technical inspection, the 'Rocky Hidalgo 1' spring is located approximately 15 meters outside the petitioner's property. The Chamber noted an error in the registered coordinates of the source, which was subsequently corrected by the Water Directorate of MINAE through resolution DA-2679-2024, confirming its extralimital location. Furthermore, the ASADA had a water allocation permit since 2015 and the work performed is a spring intake, not an illegal supply tank. The Chamber emphasized it is not a controller of the legality of MINAE's administrative actions, nor does it determine compensation or expropriation, which must be sought in ordinary courts.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "31/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1274562.json", "html_url": "/legal/doc/nexus-sen-1-0007-1274562", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1274562" }, { "id": "nexus-sen-1-0007-1274578", "citation": "Res. 02893-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo Against Municipality of Palmares for Response to Information Request", "title_es": "Amparo contra Municipalidad de Palmares por respuesta a solicitud de información", "summary_en": "The Constitutional Chamber heard an amparo filed by a congresswoman against the Municipality of Palmares. The petitioner claimed she sent an email requesting information about municipal actions related to an emergency on a cantonal road and received no response. The respondent authority informed that the email addresses used were not the official channels for receiving requests and that, despite this, a response was provided before being notified of the amparo. The Chamber reiterated its case law on the obligation to use official channels to exercise the right of petition and concluded that, since the request was not channeled through the designated means, no violation of fundamental rights occurred, especially since the municipal authority did respond. The appeal was dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1274578.json", "html_url": "/legal/doc/nexus-sen-1-0007-1274578", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1274578" }, { "id": "nexus-sen-1-0007-1274591", "citation": "Res. 02954-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response to odor complaint resolved as inadmissible", "title_es": "Amparo por denuncia de malos olores sin respuesta resuelto como improcedente", "summary_en": "The Constitutional Chamber reviews an amparo filed by a citizen who, in June 2024, complained to the Montes de Oca Health Authority about foul odors from a neighboring property, alleging a health risk and a lack of response as of December 2024. The respondent authority reported having addressed the complaint through multiple inspections between June and November 2024, finding no evidence of odors or health risks, and formally closed the case via an official notice served on January 22, 2025. The Chamber finds the complaint was resolved and notified, and therefore denies the amparo. The ruling includes separate opinions on the proper forum for environmental administrative delay claims.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "31/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1274591.json", "html_url": "/legal/doc/nexus-sen-1-0007-1274591", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1274591" }, { "id": "nexus-sen-1-0007-1274759", "citation": "Res. 03656-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Landslide in Vista Azul Residential Complex due to lack of stabilization and water management", "title_es": "Deslizamiento en Residencial Vista Azul por falta de estabilización y manejo de aguas", "summary_en": "The claimants, owners of properties in the Vista Azul residential complex in Moravia, filed an amparo action against the Municipality of Moravia, CONAVI, AyA, and the Ministry of Health, alleging that a landslide in 2023 affected their homes, which were declared uninhabitable. They claimed the cause was CONAVI's 2018 intervention to stabilize National Route 220, which altered the stream's course, caused deforestation, and failed to provide adequate containment works, combined with the municipality's lack of maintenance of the stormwater drainage and negligence in addressing complaints about wastewater and risks since 2018. The Constitutional Chamber analyzed the responsibilities of each entity, found a lack of timely intervention by the Municipality and the Ministry of Health to correct the wastewater discharge, and ordered protective measures. However, it rejected most of the indemnity claims and those regarding ownership of the protection area, referring them to ordinary proceedings, and declared the amparo partially with merit.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "07/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1274759.json", "html_url": "/legal/doc/nexus-sen-1-0007-1274759", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1274759" }, { "id": "nexus-sen-1-0007-1274811", "citation": "Res. 03692-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal failure to resolve complaint on invasion of a watercourse protection area and embezzlement", "title_es": "Omisión municipal en resolver denuncia sobre invasión de área de protección de quebrada y malversación de fondos", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Garabito for failing to respond to complaints filed in September 2024. The petitioner alleged that municipal buildings encroach on the protection area of Quebrada Lisa, that there was possible embezzlement related to Boulevard Jacó, and that certain constructions invade the Laguna Pochotal wetland. The Court found that although the municipality provided belated responses, no definitive solution had been shown regarding the buildings on Quebrada Lisa, a fact confirmed by a SINAC inspection that found 2,140 m² of encroachment. Regarding the wetland, SINAC verified no overlap existed, but the municipal response was also late. The appeal was granted, ordering the mayor to fully resolve the Quebrada Lisa complaint within six months, with a warning of criminal penalties for non-compliance under Article 71 of the Constitutional Jurisdiction Law. Judges Castillo Víquez and Garro Vargas added a note and a partial dissent, respectively, on the enforcement of the judgment.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "07/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1274811.json", "html_url": "/legal/doc/nexus-sen-1-0007-1274811", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1274811" }, { "id": "nexus-sen-1-0007-1274822", "citation": "Res. 03720-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo concerning Acosta Activa project on Turrujal sports field", "title_es": "Amparo sobre proyecto Acosta Activa en cancha de deportes de Turrujal", "summary_en": "The Constitutional Chamber reviews an amparo against the Municipality of Acosta regarding the \"Acosta Activa\" project on the Turrujal sports field. The petitioner claims due process violations, failure to provide donation documents, and fears destruction of the field. The Chamber finds that challenges to the field's use were already decided in judgment 2024-001874, which granted a similar amparo, holding that the project does not destroy the field but diversifies its sports and recreational use, aligned with the fundamental right to sports under Article 89 of the Constitution. As to information requests, the amparo is denied as time-barred, since more than two months elapsed after municipal responses. A neighbor complaint about measurement errors of the gym is deemed premature. The court orders adherence to the prior ruling and dismisses the rest.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1274822.json", "html_url": "/legal/doc/nexus-sen-1-0007-1274822", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1274822" }, { "id": "nexus-sen-1-0007-1275161", "citation": "Res. 03729-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for municipal omissions in road and stormwater infrastructure", "title_es": "Amparo por omisiones municipales en infraestructura vial y pluvial", "summary_en": "Residents of KM1 neighborhood in Golfito file an amparo against the Municipality for failing to build gutters, pave roads, and construct a gabion wall. The Constitutional Chamber partly grants the remedy: it orders the Mayor and the Municipal Council to build the gutters and pave road code 6-07-094 within six months, finding an unjustified delay since 2021 that violates the rights to efficient public services and a prompt administrative resolution. However, it denies the gabion wall request because the Municipality verified that the properties encroach on the 10-meter setback on each side of the watercourse required by Article 33 of the Forestry Law, making intervention with public funds legally impossible. The decision includes a note by Justice Castillo Víquez on the Chamber’s exceptional jurisdiction over prompt administrative justice versus the contentious-administrative courts, and a dissenting vote by Justice Garro Vargas, who argues that lack of individualized harm and absence of a serious health or life risk make the amparo inadmissible—the inaction should be litigated in the regular contentious-administrative jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1275161.json", "html_url": "/legal/doc/nexus-sen-1-0007-1275161", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1275161" }, { "id": "nexus-sen-1-0007-1276124", "citation": "Res. 03553-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline to adopt new GAM 2013-2030 Plan regulations after unconstitutionality ruling", "title_es": "Ampliación de plazo para emitir nueva normativa del Plan GAM 2013-2030 tras declaratoria de inconstitucionalidad", "summary_en": "The Constitutional Chamber addressed a request from the Minister of Housing and Human Settlements and Executive President of INVU to extend the deadline set in Judgment No. 2020-023743, which declared Executive Decree No. 38334-PLAN-MINAE-MIVAH-MOPT-S-MAG of March 10, 2014 (GAM 2013-2030 Plan) unconstitutional for violating the principle of singular non-derogability and the right to a healthy and ecologically balanced environment. The original ruling kept the decree in force for 36 months to allow the issuance of new regulations incorporating a strategic environmental assessment. The Chamber notes that the INVU Board decided to issue new regulations and awarded the required environmental studies, but the process faced delays and awaits SETENA's review. Given the imminent expiration of the deadline (March 14, 2025), the Chamber grants the request and provides an additional 18 months from March 15, 2025, to complete the procedure before SETENA and fully comply with the judgment, avoiding the definitive expulsion of the decree and a serious disruption to legal order and security.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "environmental-law-7554", "property-and-titling" ], "date": "05/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1276124.json", "html_url": "/legal/doc/nexus-sen-1-0007-1276124", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1276124" }, { "id": "nexus-sen-1-0007-1276135", "citation": "Res. 05015-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo regarding Tucurrique dump for failure to first seek administrative remedy", "title_es": "Rechazo de amparo sobre botadero en Tucurrique por falta de gestión previa", "summary_en": "The Constitutional Chamber summarily dismisses an amparo petition filed against the Municipal District Council of Tucurrique and the Ministry of Health concerning the construction of a garbage dump. The petitioner alleged violation of the right to a healthy environment due to lack of information on environmental impact and permits, and possible future harm. The majority holds the amparo inadmissible because the petitioner did not first file a formal written complaint or request with the competent authorities, going directly to constitutional court. It reiterates that the constitutional jurisdiction is not an instance for filing complaints and that a phone call does not meet this requirement. Three justices dissent, arguing that in environmental matters, when the public administration itself creates the risk, a prior administrative complaint is not required for amparo admission, given the State's duty to proactively monitor and protect the environment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1276135.json", "html_url": "/legal/doc/nexus-sen-1-0007-1276135", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1276135" }, { "id": "nexus-sen-1-0007-1276145", "citation": "Res. 04524-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for failure to execute municipal demolition order", "title_es": "Amparo por falta de ejecución de orden de demolición municipal", "summary_en": "The Constitutional Chamber hears an amparo filed by a property owner who complains that the Municipality of Escazú has failed to execute a demolition order for irregular constructions that, she alleges, cause sewage and rainwater to divert onto her property, creating unsanitary conditions and environmental damage. The petitioner argues that despite more than ten years of complaints and administrative procedures, the municipality has not demolished the illegal buildings. The Chamber denies the amparo, holding that the claim regarding the failure to execute an administrative act (the demolition) constitutes an ordinary legality dispute, outside the scope of constitutional amparo. It also finds that the administrative act was not firm at the time the amparo was filed, as appeals were still pending. The Chamber advises the petitioner to pursue the matter through ordinary administrative or judicial channels to litigate the merits and enforce the order.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1276145.json", "html_url": "/legal/doc/nexus-sen-1-0007-1276145", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1276145" }, { "id": "nexus-sen-1-0007-1276205", "citation": "Res. 05136-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against denial of land-use permit in Naranjo", "title_es": "Amparo ambiental por denegatoria de uso de suelo en Naranjo", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed by a landowner in Naranjo against the Municipality. The claimant argues that the municipality denied a land-use certificate to build her house, despite having previously granted it and having a hydrological study showing no risk to nearby water sources. The Chamber rules that the case involves a mere ordinary legality dispute. It stresses that it is not an instance to review the correctness of municipal land-use decisions; such challenges must be pursued before the Administration itself or the contentious-administrative jurisdiction. The Chamber is not a legality controller nor an additional administrative forum. Therefore, the amparo is declared inadmissible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "18/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1276205.json", "html_url": "/legal/doc/nexus-sen-1-0007-1276205", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1276205" }, { "id": "nexus-sen-1-0007-1276297", "citation": "Res. 04510-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of amparo order for noncompliant environmental complaint", "title_es": "Reiteración de orden en amparo por denuncia ambiental incumplida", "summary_en": "The Constitutional Chamber addressed a disobedience proceeding in an amparo action against the Ministry of Agriculture and the Pococí Health Area. The original judgment ordered both authorities to coordinate and definitively resolve an environmental complaint regarding chemical pollution within two months. In this proceeding, the Chamber found that the authorities carried out several actions, including inspections, technical reports, construction of physical and vegetative barriers, and changes in fumigation direction; however, the Health Area director acknowledged that a technical consultation with the Directorate of Radiology and Environmental Health remains pending to determine whether the use of the reported agrochemicals can be prohibited. The Chamber concluded that the order was not fully complied with, since the complaint had not been definitively resolved, and therefore reiterated the order to the authorities, warning that failure to comply would result in administrative proceedings against them.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1276297.json", "html_url": "/legal/doc/nexus-sen-1-0007-1276297", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1276297" }, { "id": "nexus-sen-1-0007-1276306", "citation": "Res. 05205-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality action against law limiting indefinite reelection of local authorities", "title_es": "Rechazo de acción de inconstitucionalidad contra Ley que limita la reelección indefinida de autoridades locales", "summary_en": "The Constitutional Chamber rejected on the merits the unconstitutionality action against the entirety of Law No. 10183, which limits indefinite reelection of local authorities. The plaintiff, mayor of Puriscal, alleged procedural defects for approval during the electoral blackout period under Article 97 of the Constitution, violation of Article 103 regarding the exclusive competence of the Supreme Electoral Tribunal, and breach of the non-retroactivity principle by the Sole Transitory Provision. The Chamber upheld its prior jurisprudence, holding that Article 97 is interpreted according to the current dual electoral system: the blackout only applies to bills affecting the ongoing election. Since the challenged law concerns the municipal system and the national elections were underway, there was no procedural defect. It also ruled out any infringement of the TSE's competence. As to the substantive restrictions, it reaffirmed that the legislature has broad configuration leeway and that limits on reelection and access to other municipal offices serve legitimate aims of democratic alternation, without hollowing out the essential content of the right to passive suffrage.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1276306.json", "html_url": "/legal/doc/nexus-sen-1-0007-1276306", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1276306" }, { "id": "nexus-sen-1-0007-1276413", "citation": "Res. 04537-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas corpus for police assault and uninhabitable cell", "title_es": "Habeas corpus por agresión policial y celda inhabitable", "summary_en": "The Constitutional Chamber hears a habeas corpus petition filed by an inmate at the National Center for Specific Attention. The petitioner claims he was assaulted by prison police on November 29, 2024 in retaliation for a prior complaint, and that he was placed in an uninhabitable cell with a destroyed toilet and no sink. The Court applies the dynamic burden of proof, which places a heightened duty on prison authorities to substantiate their actions. Since the prison failed to produce video recordings of the incident and medical reports confirm bruises consistent with the petitioner's account, the petition is granted with respect to the assault. It is also granted regarding the cell conditions, as the administration itself acknowledged the space was not habitable. The claim of lack of medical care is denied, as the petitioner received care on multiple occasions. The Court orders immediate measures to safeguard the petitioner, an investigation into the assault within two months, and repairs to the cell and other substandard cells within three months, under threat of imprisonment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1276413.json", "html_url": "/legal/doc/nexus-sen-1-0007-1276413", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1276413" }, { "id": "nexus-sen-1-0007-1276415", "citation": "Res. 04540-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality's failure to fully answer information request on Bajo la Cabra environmental damage", "title_es": "Falta de respuesta municipal a solicitud de información sobre daño ambiental en Bajo la Cabra", "summary_en": "The Constitutional Chamber heard an amparo action filed by a resident of Bajo la Cabra, Palmares, who complained that the Municipality had not responded to an information request dated November 14, 2024, concerning permits for earthworks, tree felling, and material dumping in that area, which the resident alleged caused an environmental disaster. The Municipality replied on November 25, but the petitioner insisted the response was not issued by the official to whom the request was addressed. The Court found that the municipal reply answered most of the questions, except for 23 specific items that were left unanswered. The amparo was partially granted, and the Court ordered the mayor and the head of the Environmental Unit to fully answer those pending questions within three days, while safeguarding personal data. The remainder of the amparo was denied, and the Municipality was ordered to pay costs arising from the events underlying the partial grant.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "14/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1276415.json", "html_url": "/legal/doc/nexus-sen-1-0007-1276415", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1276415" }, { "id": "nexus-sen-1-0007-1276427", "citation": "Res. 04641-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Lack of guardrails on culvert in Juan Viñas", "title_es": "Falta de barandas en alcantarilla de Juan Viñas", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Santa Cruz for failing to install guardrails on a culvert in the community of Juan Viñas, Cartagena, which poses a danger to the physical integrity and lives of passersby. The claimant reported the problem in March 2023, but the municipality neither responded nor resolved it. The Chamber finds an omission that violates fundamental rights, as the municipality failed to attend to local interests and services under Article 169 of the Constitution. Despite the municipality's arguments about lack of budget and technical requirements, the Chamber rejects them as excuses, noting that the municipality itself acknowledges the need for intervention. The amparo is granted and the municipal authorities are ordered to take the necessary measures to solve the problem within three months, with the warning of sanctions under the Constitutional Jurisdiction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1276427.json", "html_url": "/legal/doc/nexus-sen-1-0007-1276427", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1276427" }, { "id": "nexus-sen-1-0007-1277061", "citation": "Res. 05508-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for failure to comply with prevention order regarding Puntarenas Municipal Market", "title_es": "Rechazo de amparo por incumplimiento de prevención sobre Mercado Municipal de Puntarenas", "summary_en": "The Constitutional Chamber hears an amparo filed by an individual against the Municipality of Puntarenas and the Ministry of Health. The petitioner denounces serious structural and sanitary deficiencies at the Puntarenas Municipal Market, including lack of wastewater treatment, pest infestation, electrical and gas failures, obstructed hallways, and non-compliance with Disability Law 7600, allegedly violating rights to health, work, a healthy environment, and physical integrity of vendors and visitors, with authorities failing to act despite prior health orders. The Chamber ordered the petitioner to specify whether formal complaints had been filed with the respondent authorities and to provide supporting documentation. Having failed to comply within the granted deadline, the Chamber flatly dismisses the amparo under Article 42 of the Constitutional Jurisdiction Law, without reaching the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1277061.json", "html_url": "/legal/doc/nexus-sen-1-0007-1277061", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1277061" }, { "id": "nexus-sen-1-0007-1277069", "citation": "Res. 05287-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to Environmental Information on PAACUME Project and Lomas de Barbudal", "title_es": "Acceso a información ambiental sobre proyecto PAACUME y Lomas de Barbudal", "summary_en": "The Constitutional Chamber reviews an amparo action against SENARA for failing to fully deliver information requested on July 31, 2024, regarding the PAACUME project, which involves clearing and replacing 113 hectares in the Lomas de Barbudal Biological Reserve. The petitioner asked for wildlife inventories, the name of the responsible biologist, a copy of the fauna relocation plan, and supporting documents (timeline, budget, team). SENARA partially responded before the amparo was filed, omitting the biologist’s name and the plan’s supplementary documents. After being notified that the amparo was proceeding, SENARA completed the information, providing the biologist’s name (Farrel Ruiz Pacheco), the Integrated Work Program, and the Flora and Fauna Rescue Protocol. The Chamber grants the amparo because the violation of the right to access information was consummated at the time of filing, even if later cured. The majority imposes no costs or damages, considering the claim lacked a clear pecuniary nature. Justices Salazar and Garro dissent, arguing that at least abstract condemnation was mandatory. The ruling clarifies that any challenge to the project’s environmental merits belongs to case file 23-019417-0007-CO, which is suspended pending a constitutional challenge.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1277069.json", "html_url": "/legal/doc/nexus-sen-1-0007-1277069", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1277069" }, { "id": "nexus-sen-1-0007-1277082", "citation": "Res. 05375-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Omission of complete response to municipal information request", "title_es": "Omisión de respuesta completa a solicitud de información municipal", "summary_en": "The Constitutional Court reviewed an amparo action against the Municipality of Cañas for breach of the rights to petition and access to information. The plaintiff had submitted a request with eleven questions on issues such as sidewalk conditions, live streaming of sports committee meetings, petty cash agreements, and the regulatory plan commission. The Court found that while many questions were answered, inquiries five (whether funds were budgeted for sidewalk repairs in 2025) and six (whether there is a study of poor sidewalk conditions) lacked a clear and conclusive response, and that requested minutes had not been provided. Consequently, the appeal was partially granted, ordering a complete response and the delivery of the requested copies within ten days. The specific demands to order sidewalk repairs or mandate live streaming were dismissed as abstract or because no prior complaint had been lodged with the appropriate authorities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1277082.json", "html_url": "/legal/doc/nexus-sen-1-0007-1277082", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1277082" }, { "id": "nexus-sen-1-0007-1277094", "citation": "Res. 05446-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature dismissal of amparo against construction noise", "title_es": "Rechazo por prematuro de amparo contra ruido de construcción", "summary_en": "The Constitutional Chamber flatly rejects an amparo filed by a neighbor against the Municipality of Santa Ana, alleging that the Santa Ana Trade Center project caused excessive noise due to nighttime, Saturday, and Sunday work. The petitioner had filed a formal complaint with the municipality on January 21, 2025, and filed the amparo on January 27 of the same year. The Chamber finds that the six-day period between the administrative complaint and the filing of the amparo is insufficient to consider an illegal omission or a violation of fundamental rights, and therefore declares the amparo inadmissible as premature. However, it clarifies that the dismissal does not prevent the petitioner from returning if the situation persists beyond a reasonable time.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "21/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1277094.json", "html_url": "/legal/doc/nexus-sen-1-0007-1277094", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1277094" }, { "id": "nexus-sen-1-0007-1277115", "citation": "Res. 05608-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC Must Respond to Requests for Information on Environmental Duties", "title_es": "SINAC debe responder solicitudes de información sobre deberes ambientales", "summary_en": "In this ruling, the Constitutional Chamber hears an amparo filed against SINAC for failing to respond to a query regarding the duties and powers of SINAC officials to act ex officio in the face of threats to natural resources, and the sanctions for omission. Although during the proceedings the MINAE Legal Advisory Directorate issued a detailed official letter answering the query —citing SINAC's competencies under the Biodiversity Law, Forestry Law, Wildlife Law, and Environmental Organic Law, as well as reporting duties and potential sanctions— the Chamber upholds the appeal because the response was given after the course order was notified. The decision is based on Article 52 of the Constitutional Jurisdiction Law, without awarding costs and damages for the majority, although with dissenting votes advocating for abstract condemnation. The Chamber clarifies that any disagreement with the content of the response is a matter of ordinary legality.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "biodiversity-law-7788" ], "date": "21/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1277115.json", "html_url": "/legal/doc/nexus-sen-1-0007-1277115", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1277115" }, { "id": "nexus-sen-1-0007-1277168", "citation": "Res. 05315-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo regarding contamination of Puntarenas Estuary with sewage from Municipal Market", "title_es": "Amparo por contaminación del Estero de Puntarenas con aguas negras del Mercado Municipal", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a citizen against the Municipality of Puntarenas and the Puntarenas-Chacarita Health Area of the Ministry of Health, regarding contamination of the Puntarenas Estuary with sewage and waste from the Municipal Market. The petitioner claimed that despite sanitary orders issued since 2019 and a criminal complaint for disobedience, authorities had allowed the situation to continue. The Chamber found it proven that on September 18, 2019, Sanitary Order OS-0013-REG-2019 was notified to the mayor, granting 10 months to process the construction of a wastewater treatment plant, and that over five years later the problem persisted without the municipality having a treatment system or an effective alternative plan. Regarding the Ministry of Health, although it conducted proceedings and filed a criminal complaint, these were insufficient. The Chamber granted the amparo, ordering (1) to continue with the construction plan for the treatment plant for completion by November 15, 2025, and (2) to take immediate measures to prevent continued contamination of the Estuary. Justice Salazar Alvarado added a separate opinion explaining his jurisdiction when health and quality of life risks are involved.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1277168.json", "html_url": "/legal/doc/nexus-sen-1-0007-1277168", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1277168" }, { "id": "nexus-sen-1-0007-1277189", "citation": "Res. 05745-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of institutional email backup for former vice-mayor", "title_es": "Denegatoria de respaldo de correo institucional de exvicealcaldesa", "summary_en": "The petitioner, a former vice-mayor of Oreamuno, requested the Municipality to back up her institutional email, used during her tenure, to preserve relevant documents. The Municipality replied that the information was deleted upon account closure per Microsoft's policy, with no backups made. The petitioner alleged violation of her right to public information and personal data protection. The Constitutional Chamber declared the amparo inadmissible, finding it was not an arbitrary denial of information but rather a disagreement with the reply given a material impossibility. It held that it is not a legality controller and cannot review the truthfulness of the response or determine negligence; such issues must be resolved through administrative or ordinary channels. The amparo was thus rejected outright.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1277189.json", "html_url": "/legal/doc/nexus-sen-1-0007-1277189", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1277189" }, { "id": "nexus-sen-1-0007-1277203", "citation": "Res. 05299-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to definitively resolve complaint about LPG gas risk", "title_es": "Falta de solución definitiva a denuncia por riesgo de gas GLP", "summary_en": "The Constitutional Chamber examines an amparo action against the Ministry of Health for allegedly failing to respond and resolve a complaint regarding non-compliance with a sanitary order that suspended the storage and sale of LPG gas in a supermarket. The original complaint, filed in May 2024, warned of an imminent risk of explosion or leak for neighbors. The Health Area carried out inspections, issued a sanitary order, and conducted follow-ups, but was unable to verify compliance due to obstacles such as a police operation and the area's dangerousness. The Chamber finds that despite the efforts made, the risk situation persists and no comprehensive solution has been provided, violating the rights of the petitioners and the community. It grants the amparo and orders the respondent authority to verify compliance with the sanitary order and definitively resolve the complaint within one month, provided it does not pose a risk to officials, with a warning of criminal consequences for disobedience.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "_off-topic" ], "date": "21/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1277203.json", "html_url": "/legal/doc/nexus-sen-1-0007-1277203", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1277203" }, { "id": "nexus-sen-1-0007-1277207", "citation": "Res. 05326-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Health order and administration's duty to protect public health", "title_es": "Orden sanitaria y deber de la administración de garantizar salud pública", "summary_en": "The Constitutional Chamber upheld an amparo action filed by residents of Chacarita, Puntarenas, against the Ministry of Health. The petitioners alleged that a local supermarket stored and sold liquefied petroleum gas without required safety measures, endangering the community. Although the Health Authority issued a health order to suspend the activity, residents claimed it was not being obeyed and that the administration had not definitively resolved their complaint. The Chamber found that despite efforts (inspections, health order), the dangerous situation persisted. It held that the authority violated fundamental rights by failing to provide a comprehensive and timely solution to the public health problem, leaving residents in a state of vulnerability. It ordered the Health Authority director to verify compliance with the health order within one month and to definitively resolve the complaint, provided it does not pose a risk to officials.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1277207.json", "html_url": "/legal/doc/nexus-sen-1-0007-1277207", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1277207" }, { "id": "nexus-sen-1-0007-1277220", "citation": "Res. 05416-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to fully respond to information request on waste management and water resources in Grecia", "title_es": "Falta de respuesta completa a solicitud de información sobre gestión de residuos y recursos hídricos en Grecia", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipal Council of Grecia for failure to respond to a request filed on January 6, 2025. The petitioner sought detailed information regarding the selection and oversight of the Green Sports World Federation as the manager of the Solid Waste Collection Center, potential international investments, protection of water resources, use of the Allen Rigioni Stadium, and other environmental and budgetary matters. The Chamber applies the procedural consequence of Article 45 of the Constitutional Jurisdiction Law, since the Council President failed to submit the requested report, thus the alleged facts are deemed true. Although the Municipality belatedly replied on January 31, 2025, the Chamber finds that with respect to items 4 and 14 of the request, the authority merely redirected the petitioner to other departments without carrying out the necessary administrative coordination to provide the information. The amparo is granted, ordering coordination to deliver the information requested on those specific points, and imposing costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1277220.json", "html_url": "/legal/doc/nexus-sen-1-0007-1277220", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1277220" }, { "id": "nexus-sen-1-0007-1277221", "citation": "Res. 05438-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on access to information about Public Maritime Zone in Talamanca", "title_es": "Amparo por acceso a información sobre ZMT en Talamanca", "summary_en": "The Constitutional Court hears an amparo filed against the Municipality of Talamanca for denying two public information requests. The first, under filing AEL-00320-2024, sought a list of individuals and legal entities located in public spaces of the public maritime zone, per a municipal agreement. The second, under AEL-00327-2023, requested details on construction permits, SETENA environmental viability, closure and subsequent resumption of works for a restaurant in the public maritime zone. The Court finds that the first request was not properly addressed: the Municipality merely stated there was no authorized occupation, without providing the requested list. In contrast, the second request was answered before the amparo was notified, explaining that the file had been seized by the Judicial Investigation Department in the context of criminal investigations. Thus, the amparo is partially granted: the list of occupants must be provided, but the claim regarding the second request is dismissed, as it was timely answered. The Municipality is ordered to pay costs, damages and prejudices.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "21/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1277221.json", "html_url": "/legal/doc/nexus-sen-1-0007-1277221", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1277221" }, { "id": "nexus-sen-1-0007-127759", "citation": "Res. 00511-2000 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Minimum passing grade of 70 for baccalaureate is not retroactive", "title_es": "Nota mínima de 70 para bachillerato no es retroactiva", "summary_en": "The Constitutional Chamber analyzes an amparo petition filed by high school students against the Minister of Public Education regarding a reform to the Baccalaureate Examination Regulations that raised the minimum passing grade from 65 to 70. The petitioners alleged that the modification violated acquired rights and consolidated legal situations by retroactively applying a more burdensome rule. The Chamber elaborates on the concepts of acquired right and consolidated legal situation: the former involves an asset incorporated into one's patrimony; the latter, a defined state of affairs whose effects have not yet been exhausted. It clarifies, however, that no one has a right to the immutability of the legal order; constitutional protection extends to the consequence, not the rule. In the present case, the students had not yet taken the baccalaureate exams when the reform took effect, so the triggering event for a consolidated legal situation had not occurred. The Chamber concludes that there was no retroactive application of the norm nor any violation of fundamental rights, and denies the petition. The ruling reaffirms the technical authority of education officials to set evaluation criteria.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/01/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0007-127759.json", "html_url": "/legal/doc/nexus-sen-1-0007-127759", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-127759" }, { "id": "nexus-sen-1-0007-1279448", "citation": "Res. 09420-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of water service connection due to water spring", "title_es": "Negativa de conexión de agua potable por existencia de naciente", "summary_en": "The Constitutional Chamber hears an amparo action filed by the owner of a property in San José de la Montaña, Barva, against the ASADA of Porrosati for denying him connection to the potable water service. The ASADA based its denial on the existence of a water spring in front of the property. The claimant argued that he meets the requirements of Article 68 of the AyA Service Provision Regulation and that the ASADA provides service to other neighbors. The Chamber dismissed the amparo, holding that it cannot act as a controller of the legality of administrative actions or technically determine whether the connection should be granted. It noted that, although there is a fundamental right to water, its access is not unrestricted, and it is up to ordinary administrative or judicial venues to assess compliance with technical and legal requirements. Accordingly, the claimant must bring his claims before the competent administrative or judicial instance.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "12/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1279448.json", "html_url": "/legal/doc/nexus-sen-1-0007-1279448", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1279448" }, { "id": "nexus-sen-1-0007-1281094", "citation": "Res. 06043-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Potable Water Supply to the Bribri Indigenous Community of Meleruk", "title_es": "Suministro de agua potable a la comunidad indígena Bribri de Meleruk", "summary_en": "The Constitutional Chamber reviewed an amparo filed by leaders of the Bribri Indigenous community of Meleruk (\"La Pera\") in Talamanca, where approximately 280 people lacked public potable water service. The petitioners argued that the lack of access to drinking water violated their rights to life and health—a situation that had persisted for over 30 years despite repeated requests to the Costa Rican Institute of Aqueducts and Sewers (AyA), the Ministry of Health, the Ministry of Public Education, and the Municipality of Talamanca. The Chamber found that AyA acknowledged the problem but had neither taken concrete steps to resolve it definitively nor provided provisional water supply via tanker trucks, even though such supply was feasible. It held that the right to potable water is an essential precondition for the enjoyment of the rights to life and health, and that AyA’s omission violated those fundamental rights. The Chamber ordered AyA to conduct, within twelve months, the studies needed to identify a viable solution and implement it within an additional twelve months, and to begin supplying potable water via tanker trucks within five days as an interim measure. The claim against the remaining authorities was denied, as no actionable omissions were proven.", "primary_topic_id": "water-law", "topic_ids": [ "indigenous-law-6172", "water-law" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1281094.json", "html_url": "/legal/doc/nexus-sen-1-0007-1281094", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1281094" }, { "id": "nexus-sen-1-0007-1281131", "citation": "Res. 06164-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied against Municipality of Tilarán for access to Regulatory Plan file", "title_es": "Denegatoria de amparo contra Municipalidad de Tilarán por acceso al expediente del Plan Regulador", "summary_en": "The Constitutional Chamber dismissed an amparo filed by a journalist against the Municipality of Tilarán. The petitioner argued that the municipality had failed to provide the complete Regulatory Plan file and information on payments made to the National University for consulting services, in response to a public information request. The Chamber verified that the request was sent to the municipality's official email, and both the Municipal Council and the Mayor's Office responded within the legal deadline. The Mayor's Office explained that the file could not be sent as a PDF due to size and format, but a OneDrive link was provided for download. The Municipal Council President responded regarding the status of the Plan and the pause in the Environmental Fragility Indices (IFAS). The Chamber concluded that the information was provided in a timely manner, even before the amparo notification, and therefore no fundamental rights violation occurred.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1281131.json", "html_url": "/legal/doc/nexus-sen-1-0007-1281131", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1281131" }, { "id": "nexus-sen-1-0007-1281707", "citation": "Res. 06041-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against precautionary closure of LPG bottling plant due to safety risks", "title_es": "Amparo contra medida cautelar de cierre de planta envasadora de GLP por riesgos de seguridad", "summary_en": "The Constitutional Chamber denies the amparo action filed by Gas Nacional Zeta S.A. against MINAE and ARESEP. The company, the largest LPG bottler and distributor in Costa Rica, challenged precautionary measures that ordered the cessation of supply and degassing of tanks at its El Coyol plant in Alajuela, following a fire in December 2023 that caused a fatality and revealed critical safety deficiencies according to Fire Department reports. The petitioner alleged violation of due process, arguing that the Directorate General of Transport and Fuel Commercialization (DGTCC) acted arbitrarily by maintaining the precautionary measure for months without initiating ordinary proceedings. The Chamber verifies that the authorities acted on the basis of technical reports and the precautionary principle, that the company was notified and had the opportunity to defend itself, that the precautionary measure was conditionally lifted initially, and that after non-compliance, ARESEP adopted a new precautionary measure which was reviewed by the administrative contentious jurisdiction. Finally, the measure was lifted when the company complied with the required corrections. The Chamber concludes there was no due process violation, as the decisions were justified, notification and defense guarantees were respected, and the conflict was resolved in court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1281707.json", "html_url": "/legal/doc/nexus-sen-1-0007-1281707", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1281707" }, { "id": "nexus-sen-1-0007-1281722", "citation": "Res. 06143-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to respond to environmental complaint about water infiltration", "title_es": "Omisión de respuesta a denuncia ambiental por filtraciones", "summary_en": "The Constitutional Chamber reviews a recurso de amparo against the Municipality of Moravia for failing to respond to an environmental complaint filed on September 17, 2024. The petitioner alleged that the lack of maintenance of a municipal servitude caused water infiltration and pest proliferation, harming the health and quality of life of several residents. The municipality reported having cleaned the area in October 2024, but there was no evidence that it formally communicated its response to the complainant. The Chamber determines that, although the problem was materially addressed, the right to petition (Article 41 of the Constitution) was violated by not resolving and notifying the complaint within a reasonable time. The recurso is partially granted, ordering the municipality to issue and communicate a formal response within ten days. Two judges add separate notes on jurisdiction in environmental matters and the right to prompt administrative justice.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1281722.json", "html_url": "/legal/doc/nexus-sen-1-0007-1281722", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1281722" }, { "id": "nexus-sen-1-0007-1281733", "citation": "Res. 06205-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "State obligation to inform about summary demolition proceeding for dangerous tree removal requests", "title_es": "Obligación estatal de informar sobre el sumario de derribo ante solicitudes de corta de árboles peligrosos", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Ministry of Public Works and Transport (MOPT) and the National Road Council (CONAVI) for failing to timely respond to a request for the felling of guanacaste trees on national route 917, filed by a resident of Quebrada Grande de Liberia in September 2024. Although the MOPT conducted an inspection and issued a technical report recommending the cutting of five trees after the amparo was filed, the Chamber found a violation of the right to petition and to prompt and complete administrative justice, as the petitioner was not notified of the actions taken nor advised of the proper legal avenue. The Chamber clarifies that the correct procedure for felling trees considered dangerous, when not covered by a road maintenance program, is the summary demolition proceeding before the agrarian jurisdiction under Article 108 of the Civil Procedure Code, and that authorities must inform citizens accordingly. The amparo is granted; the MOPT is ordered to notify its actions within ten days, and CONAVI must inform the petitioner of the correct procedure and adopt preventive measures.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1281733.json", "html_url": "/legal/doc/nexus-sen-1-0007-1281733", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1281733" }, { "id": "nexus-sen-1-0007-1281782", "citation": "Res. 06798-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Detachment of filings due to duplication with prior amparo on road infrastructure", "title_es": "Desglose de escritos por duplicidad con amparo previo sobre infraestructura vial", "summary_en": "The Constitutional Chamber reviews an amparo filed by a resident of Paraíso de Cartago against the Municipality of Paraíso, claiming failure to build accessible sidewalks, speed bumps, and improve the road surface on a cantonal route, alleging violation of the rights to accessibility and road safety. The Chamber notes that the alleged facts were already resolved in a previous judgment (No. 2024018814 of July 5, 2024, case file 24-011296-0007-CO), where the amparo was denied on the grounds that the disagreement with the municipal response should be raised through ordinary channels and that the petitioner had not clarified or expanded his complaint on several points. The Chamber had also warned the Municipality about its duty to address local infrastructure needs. Given the identity of parties, subject matter, and cause of action, the Court orders the filings submitted in this new case to be detached and added to the prior case for processing there, and this case is archived.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1281782.json", "html_url": "/legal/doc/nexus-sen-1-0007-1281782", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1281782" }, { "id": "nexus-sen-1-0007-1282628", "citation": "Res. 06211-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "CONAGEBIO and Right to Petition in Forced Relocation", "title_es": "CONAGEBIO y derecho de petición en reubicación forzosa", "summary_en": "The petitioner, former Coordinator of the National Wetlands Program, was involuntarily transferred to the CONAGEBIO Technical Office and requested information on the classification of newly assigned duties. Facing a lack of timely response, she filed an amparo action claiming a violation of the right to petition and access to public information. The Constitutional Chamber found that the respondent authority unjustifiably exceeded the ten-business-day statutory deadline to respond, thus infringing Articles 27 and 30 of the Political Constitution. The Chamber granted the amparo, but without awarding costs or damages under the majority opinion, considering the alleged harms not directly patrimonial in nature. The dissenting justices partially dissented, arguing for an abstract condemnation for damages under Article 52 of the Constitutional Jurisdiction Law.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "procedural-environmental", "_off-topic" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1282628.json", "html_url": "/legal/doc/nexus-sen-1-0007-1282628", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1282628" }, { "id": "nexus-sen-1-0007-1282634", "citation": "Res. 06966-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Anonymous complaint over pig and chicken keeping: SENASA's delay in resolving", "title_es": "Denuncia anónima por tenencia de cerdos y gallinas: mora de SENASA en resolver", "summary_en": "The petitioner, a resident of San Isidro de Siquirres, filed an anonymous complaint with the Ministry of Health about foul odors and pests caused by pigs and chickens kept on a neighboring property. The Ministry of Health inspected the site and, finding no human health risk but possible animal health concerns, referred the case to the National Animal Health Service (SENASA). However, SENASA delayed acting for almost a year, conducting an inspection only after the amparo was filed. That inspection revealed non‑compliance with minimum distance requirements under poultry and swine farm regulations, leading to a sanitary order requiring removal of all animals. The order was complied with and the case closed before the amparo was resolved. The Constitutional Chamber partially granted the appeal against SENASA for the undue delay in handling the complaint, but without awarding costs or damages, given the problem had been solved. The claim against the Ministry of Health was dismissed, as it had acted diligently and within its powers.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1282634.json", "html_url": "/legal/doc/nexus-sen-1-0007-1282634", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1282634" }, { "id": "nexus-sen-1-0007-1282671", "citation": "Res. 07332-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with prior ruling on tree felling in Residencial del Monte ordered consolidated", "title_es": "Incumplimiento de sentencia previa sobre tala en Residencial del Monte es desglosado y acumulado", "summary_en": "The Constitutional Chamber addresses a new amparo petition against the Municipality of San Rafael de Heredia alleging non-compliance with a prior ruling (2023-003137) that ordered the complete delivery of information regarding a tree-felling project in Residencial del Monte. The petitioner claimed the provided documentation was incomplete. The Chamber holds that the alleged non-compliance is subsumed within the original order, making a new amparo proceeding improper. It orders the segregation of this petition and its accompanying documents, directing their consolidation into the original file 23-001103-0007-CO, where the compliance issue shall be resolved. The current file is ordered archived.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1282671.json", "html_url": "/legal/doc/nexus-sen-1-0007-1282671", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1282671" }, { "id": "nexus-sen-1-0007-1282698", "citation": "Res. 06957-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must collect waste in Tilarán highlands", "title_es": "Municipalidad debe recolectar residuos en zona alta de Tilarán", "summary_en": "The Constitutional Chamber heard an amparo filed by residents of Tilarán against the Municipality of Tilarán for failing to collect ordinary solid waste in the communities of Monte Los Olivos, San Bosco, Las Nubes, and surrounding neighborhoods in the highlands of the canton. The municipality argued that since May 2024 it had provided collection of recyclable waste, but admitted that ordinary solid waste collection would only be extended progressively during 2025, without a concrete date. The Chamber found that municipal inaction violated the right to a healthy and ecologically balanced environment and the right to health of the residents. It partially granted the amparo and ordered the mayor to ensure, within four months, the regular and continuous provision of ordinary solid waste collection services in the specified communities. Regarding the monthly charge of 10,000 colones for collection, the Chamber declined jurisdiction as the matter concerned ordinary legality.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1282698.json", "html_url": "/legal/doc/nexus-sen-1-0007-1282698", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1282698" }, { "id": "nexus-sen-1-0007-1282708", "citation": "Res. 01160-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of action against TSE rulings on horizontal parity", "title_es": "Rechazo de acción contra resoluciones del TSE sobre paridad horizontal", "summary_en": "The Constitutional Chamber flatly rejects an unconstitutionality action filed by a mayoral candidate of the Pueblo Soberano Party against three resolutions of the Supreme Electoral Tribunal (TSE) that denied candidate registrations for non-compliance with horizontal parity, and against Article 148(2) of the Electoral Code regarding the registration deadline. The Chamber finds that the challenged resolutions are concrete jurisdictional acts of the TSE in the exercise of its electoral function, not general normative jurisprudence, and thus are not subject to constitutional review under Article 74 of the Constitutional Jurisdiction Law. Additionally, the petitioner lacks standing to invoke diffuse or collective interests, as the regulation applies individually and affects an identifiable group. The majority reiterates that constitutional review of electoral jurisprudence is admissible only when a line of at least three rulings with abstract normative value is demonstrated, not to review individual cases.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1282708.json", "html_url": "/legal/doc/nexus-sen-1-0007-1282708", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1282708" }, { "id": "nexus-sen-1-0007-1282722", "citation": "Res. 07651-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of unconstitutionality action against bovine traceability decree", "title_es": "Rechazo de acción de inconstitucionalidad contra Decreto de rastreabilidad bovina", "summary_en": "The Constitutional Chamber dismisses without further consideration an unconstitutionality action filed without a prior pending case against several articles of Executive Decree No. 44.336-MAG-S-SP-MOPT, which creates the National System for Individual Identification and Traceability of Bovine Cattle. The petitioner, a lawyer acting on his own behalf, claimed to be defending diffuse and collective interests, arguing that the decree severely harmed the economic interests of the livestock sector and public health by imposing a mandatory digital system with short deadlines, costly electronic devices, and a lack of telecommunications infrastructure in rural areas; he further claimed that ear-tagging animals with the official device (DIIO) created wounds that exposed the national herd to screwworm myiasis, thus violating the right to a healthy environment. The Chamber found that the challenged norms were susceptible to individual application to a clearly identifiable group (livestock producers, traders, and transporters) and therefore did not constitute a true diffuse interest. The screwworm argument was also deemed speculative. The petitioner likewise failed to show that he represented any formally organized collective group so as to claim standing based on collective interests. Consequently, the action was declared inadmissible for lack of standing. The ruling includes separate notes from several justices on the scope of diffuse interests.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1282722.json", "html_url": "/legal/doc/nexus-sen-1-0007-1282722", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1282722" }, { "id": "nexus-sen-1-0007-1283008", "citation": "Res. 02806-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Correction of material error in amparo ruling on flooding in Pococí", "title_es": "Corrección de error material en sentencia de amparo por inundaciones en Pococí", "summary_en": "The Constitutional Chamber corrects a material error in ruling 2024029767 of October 11, 2024, which partially granted an amparo action for water overflow due to a clogged sewer in Pococí. The original ruling ordered the Municipality of Pococí and CONAVI to coordinate a solution within six months, under penalty of imprisonment and fine. The correction completed the operative part in the online case management system, which had been incompletely recorded. The Chamber based its ex officio correction on Article 12 of the Constitutional Jurisdiction Law. The underlying decision addressed the lack of institutional coordination regarding flooding caused by an obstruction on private property, where both authorities blamed each other, violating the fundamental rights of neighbors. The Chamber held that the jurisdictional dispute could not be resolved via amparo, but the administrative omission could, so it ordered a joint solution and condemned the State and the municipality to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "31/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283008.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283008", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283008" }, { "id": "nexus-sen-1-0007-1283018", "citation": "Res. 03649-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "INCOFER must eliminate wastewater from settlement on railway right-of-way", "title_es": "INCOFER debe eliminar aguas residuales de asentamiento en derecho de vía férrea", "summary_en": "The Constitutional Chamber partially granted an amparo action against the Costa Rican Railway Institute (INCOFER) and the Municipality of Paraíso. The petitioner denounced inadequate disposal of wastewater from an informal settlement located on the railway right-of-way in Paraíso de Cartago, and the failure to respond to information requests about sidewalk and road improvement plans. The Chamber found that, despite health orders from the Ministry of Health, INCOFER had not definitively eradicated the contamination, violating the right to a healthy and ecologically balanced environment under Article 50 of the Constitution. INCOFER was ordered to comply with health order MS-DRRSCE-DARSP-OS-0209-2024, and the Municipality to answer the information requests of March 11 and 15, 2024. The claim to build sidewalks on the right-of-way was dismissed because pedestrian traffic on the railway line is prohibited. Both institutions were ordered to pay costs, damages, and losses.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "07/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283018.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283018", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283018" }, { "id": "nexus-sen-1-0007-1283019", "citation": "Res. 06034-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ex officio correction to include municipal costs in amparo concerning wastewater and pedestrian mobility", "title_es": "Corrección de oficio condenatoria en costas a municipalidad en amparo sobre aguas residuales y movilidad peatonal", "summary_en": "The Constitutional Chamber corrects, on its own motion, a material error in the operative part of judgment No. 2025-003649, which had ordered only INCOFER to pay costs, damages, and losses. The correction now also includes the Municipality of Paraíso, since both authorities were found responsible for violating the petitioner’s fundamental rights: INCOFER for breaching the right to a healthy and ecologically balanced environment, and the Municipality for injuring the right to petition. The Chamber reiterates that its judgments must be understood as a whole, so it merely remedies the involuntary omission without altering the rest of the decision. This correction does not affect the grounds of the original ruling, which partially granted the amparo after verifying the persistence of wastewater contamination on railway lands and the municipality’s failure to respond to information requests on road infrastructure and pedestrian mobility.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283019.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283019", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283019" }, { "id": "nexus-sen-1-0007-1283104", "citation": "Res. 06928-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on Access and Waste Container in La Cima Urbanization", "title_es": "Amparo sobre acceso y contenedor de basura en Urbanización La Cima", "summary_en": "The Constitutional Chamber heard an amparo filed by residents of the La Cima Urbanization in Concepción de La Unión. The claimants alleged that the Municipality of La Unión blocked access to their properties, located opposite National Route 202, by obstructing with materials and a waste container a passage they used on property 115339 (owned by IMAS). They also complained about the inconvenience caused by the waste container installed by the Municipality. The Chamber verified that the properties are not landlocked, as they have access via pedestrian walkways according to the site design, and that the municipal action was not arbitrary but responded to complaints of encroachment and the need to relocate the container for sanitary reasons. The Court ruled that no fundamental rights were violated and dismissed the appeal, directing the claimants to ordinary channels to dispute the container's location.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283104.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283104", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283104" }, { "id": "nexus-sen-1-0007-1283105", "citation": "Res. 06929-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension Granted for River Protection Works on María Aguilar River", "title_es": "Ampliación de plazo para obra de protección en río María Aguilar", "summary_en": "The Constitutional Chamber resolves the post-judgment motions following ruling 2024024101 of August 23, 2024, which had ordered the Mayor and Council President of San José to solve, within six months, the erosion problem on the right bank of the María Aguilar River at La Alborada urbanization, Zapote, considering CNE recommendations from 2012 and 2021. The Municipality requests a 19-month extension, arguing it has begun the geotechnical study and other procedures (permits from SETENA and the Water Directorate), but due to the nature of in-channel works (execution in summer) it needs more time. The petitioners oppose the extension and request urgent precautionary measures. The Chamber grants the extension until September 2026, finds the schedule reasonable, and orders the Municipality to adopt interim measures to protect the life and physical integrity of residents while the permanent solution is implemented.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283105.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283105", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283105" }, { "id": "nexus-sen-1-0007-1283107", "citation": "Res. 06935-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for landslides and municipal inaction in San Vicente de La Unión", "title_es": "Amparo por deslizamientos e inacción municipal en San Vicente de La Unión", "summary_en": "The Constitutional Chamber reviews an amparo remedy filed by a resident of San Vicente de Tres Ríos, La Unión, who claims that both the National Commission for Risk Prevention and Emergency Response (CNE) and the Municipality of La Unión failed to act regarding recurrent landslides affecting his home and access road, particularly in October 2024. The petitioner, a 73-year-old executor of his parents' estate, argues that despite long-standing knowledge of the situation and repeated communications to the authorities, no definitive solution has been provided, endangering his life and that of his family. The CNE contends that it has issued multiple technical reports since 1996 warning of the risk, but that primary responsibility for local emergency response and mitigation works lies with the local government. The Municipality reports that the Municipal Emergency Committee attended the incident, referring the case to the Ministry of Health and IMAS, and that by February 2025 pedestrian and vehicular access was fully restored. The Chamber finds that while the petitioner's situation was addressed by the respondent authorities, the request to compel the Municipality to provide materials exceeds the scope of the amparo remedy. The Chamber dismisses the amparo but orders the authorities to monitor the situation to prevent similar future incidents.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283107.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283107", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283107" }, { "id": "nexus-sen-1-0007-1283111", "citation": "Res. 06975-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to Registration Numbers of Vessels Seized for Drug Trafficking and Illegal Fishing", "title_es": "Acceso a matrículas de embarcaciones decomisadas por narcotráfico y pesca ilegal", "summary_en": "The Constitutional Chamber granted an amparo filed by a journalist from La Nación against the Ministry of Public Security for partially denying information on vessels seized for drug trafficking and illegal fishing. The petitioner requested a list with the registration numbers of vessels detained over the past ten years. The Ministry provided a list of 835 vessels but omitted the registration numbers, arguing confidentiality under Article 295 of the Criminal Procedure Code due to ongoing criminal investigations. The Chamber found that the requested information is of public interest, as registration numbers are in the National Registry and their disclosure does not constitute access to criminal case files. It noted that the Ministry failed to prove all vessels were involved in criminal proceedings, and thus could not restrict access to all information. The Chamber held that the refusal was unlawful and violated the fundamental right of access to administrative information, ordering the delivery of the documentation within ten days, while safeguarding sensitive data under Law 8968.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283111.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283111", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283111" }, { "id": "nexus-sen-1-0007-1283121", "citation": "Res. 07084-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality of La Unión Must Resolve Complaint on Collapsing Wall Within Two Months", "title_es": "Municipalidad de La Unión debe resolver denuncia sobre muro en peligro de colapso en dos meses", "summary_en": "The Constitutional Chamber heard an amparo action filed by a resident of San Juan de La Unión against the Municipality of La Unión for failing to resolve a complaint submitted in October 2022 regarding a leaning wall that threatened to collapse onto the sidewalk, endangering the life and physical integrity of passersby, especially children. The petitioner alleged violation of the right to petition and to prompt and complete administrative justice. The Chamber held that, as the complaint involved danger to life and physical integrity, it fell under an exception to the general rule of remitting such matters to the administrative-contentious jurisdiction. It found that after more than two years, the municipality had only carried out an inspection prompted by the amparo filing, without addressing the merits. It granted the action and ordered the municipal mayor to resolve the complaint within a non-extendable two-month period, under warning of disobedience. The municipality was ordered to pay costs, damages, and losses. Justices Castillo Víquez and Cruz Castro appended a note and dissenting vote, respectively, on the Chamber's jurisdiction over administrative delay cases.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283121.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283121", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283121" }, { "id": "nexus-sen-1-0007-1283127", "citation": "Res. 07388-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience to stormwater channeling order", "title_es": "Desobediencia a orden de canalización de aguas pluviales", "summary_en": "The Constitutional Chamber addressed a disobedience claim filed by the mayor of Flores on behalf of neighbors in Llorente, against MOPT and CONAVI, for non-compliance with judgment No. 2021016703 of July 30, 2021, which had ordered the completion of adequate stormwater channeling affecting a specific property in Llorente and required periodic progress reports to the Municipality and the Court. The authorities reported various technical and financial actions, including optimization of the San José–San Ramón Highway Corridor project, hydraulic studies, and a schedule projecting construction start by 2028. However, they failed to prove that progress had been communicated to the Municipality. The Chamber upheld the claim, reiterated the order for immediate compliance, and warned of potential criminal and administrative consequences for disobedience, without yet imposing the sanction under Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283127.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283127", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283127" }, { "id": "nexus-sen-1-0007-1283128", "citation": "Res. 07391-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of amparo on road infrastructure in El Rincón", "title_es": "Reiteración de amparo sobre infraestructura vial en El Rincón", "summary_en": "The Constitutional Court dismisses a new amparo action filed by a resident of Paraíso de Cartago against the Municipality of Paraíso regarding the lack of sidewalks, speed bumps, and other improvements on the local road known as El Rincón. The Court finds that the claims are a mere reiteration of what was already decided in judgment N° 2024018814 of July 5, 2024, which denied the amparo on the grounds that dissatisfaction with the municipal response should be pursued through ordinary administrative or judicial channels, not the summary amparo procedure. The Court orders the petitioner to abide by that prior ruling and warns that any non-compliance must be addressed within the same case file. The decision does not address the merits of the road infrastructure claims or issue new orders.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283128.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283128", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283128" }, { "id": "nexus-sen-1-0007-1283168", "citation": "Res. 06950-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Puntarenas Municipality must ensure no contamination of water body in Veinte de Noviembre by wastewater and solid waste", "title_es": "Municipalidad de Puntarenas debe garantizar que no se contamine cuerpo de agua en Veinte de Noviembre con aguas residuales y desechos sólidos", "summary_en": "The Constitutional Court partially grants an amparo against the Municipality of Puntarenas, filed by residents of Veinte de Noviembre community. They reported that household pipes discharge untreated wastewater and blackwater directly into a wetland or stormwater channel that crosses the neighborhood, and that an illegal dump site near the Chacarita airstrip generates foul odors, visual pollution, and health risks. The Court found, based on documentary and photographic evidence, that serious environmental contamination persists despite some isolated actions by authorities. It held that the municipality is primarily responsible for protecting local interests and must exercise constant oversight to correct such polluting conduct. The Court orders the Municipality of Puntarenas to take, within one year, all necessary measures to stop the water body from being contaminated by wastewater discharges and to ensure proper solid waste disposal, punishing offenders. The claim against the Ministry of Environment and the Ministry of Health is dismissed, as the Court deemed these agencies had taken sufficient oversight actions and issued health orders, though they must continue assisting the municipality. Judge Garro Vargas dissents in part regarding the enforcement phase of the judgment.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283168.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283168", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283168" }, { "id": "nexus-sen-1-0007-1283184", "citation": "Res. 06991-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against well drilling in Aserrí sports plaza", "title_es": "Amparo contra perforación de pozo en plaza de Aserrí", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by a resident of Aserrí against the Municipality of Aserrí and the Ministry of Health. The petitioner challenged a municipal bidding process to drill a water extraction well in the central sports plaza of Aserrí, claiming: (1) change of use of a property historically dedicated to recreation and sports, thereby limiting that community right; (2) potential water contamination due to the proximity of the Suerre River (less than 10 meters), which is heavily polluted with garbage, and the lack of sewerage service, forcing residents to use septic tanks that contaminate the soil with fecal matter. The Chamber found that the challenged bidding process had been declared void and a new one had not yet begun, so there was no current harm. It also held that the assessment of environmental and health risks must be conducted by the competent technical bodies (SETENA, SENARA, Water Directorate of MINAE) and cannot be prematurely assumed by the constitutional court. It therefore found no proven present threat or violation of the invoked rights, clarifying that the precautionary principle only applies when there are indicators of serious and irreversible damage, which was not the case given the preliminary stage of the project.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283184.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283184", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283184" }, { "id": "nexus-sen-1-0007-1283304", "citation": "Res. 07970-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Brisas del Río Condominium landslide declared inadmissible as premature", "title_es": "Recurso de amparo por deslizamiento en Condominio Brisas del Río declarado inadmisible por prematuro", "summary_en": "Several residents of the Brisas del Río Condominium in Alajuelita filed an amparo against the Municipality of Alajuelita, the MOPT, and the IDB, alleging violation of their rights to security, physical integrity, free circulation, and a healthy environment due to landslides caused by the construction of a bridge over the Quebrada La Guaria. The Constitutional Chamber dismissed the appeal summarily as inadmissible, arguing that it cannot act as a mere processing office for environmental complaints. The Chamber considered the amparo premature, since the formal complaint was filed on January 14, 2025, and the amparo was lodged on February 26 of the same year, without the two-month period set by Article 261 of the General Public Administration Law for the administration to resolve having elapsed. The Chamber clarifies that even though this is an exceptional case related to environmental and personal risks, as long as the legal response deadlines have not expired, the summary intervention via amparo is not justified.", "primary_topic_id": null, "topic_ids": [ "_off-topic", "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283304.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283304", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283304" }, { "id": "nexus-sen-1-0007-1283313", "citation": "Res. 07129-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to Master Plan of the Papagayo Tourist Project", "title_es": "Acceso a Plan Maestro del Proyecto Turístico Golfo Papagayo", "summary_en": "The Constitutional Chamber grants an amparo action filed by an association against the Costa Rican Tourism Institute (ICT) for violating the right of access to public information. The petitioner requested a certified copy of the current Master Plan of the Papagayo Project, along with the reasons, legal instruments, ICT agreements, and technical studies that supported its modifications. The ICT provided a link to the Master Plan Regulation published on SINALEVI and the certification of a 2012 Board of Directors agreement, but did not deliver all the requested items. The Court finds that the response was partial and that the documents were not certified, thus upholding the amparo and ordering delivery of the complete information within ten days, with a warning of the consequences set forth in the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283313.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283313", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283313" }, { "id": "nexus-sen-1-0007-1283317", "citation": "Res. 07724-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo regarding dust and tree felling in Condominio Avenida del Este project", "title_es": "Amparo por polvo y tala en proyecto Condominio Avenida del Este", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by Curridabat residents against the Municipality of Curridabat, the Ministry of Health, and SETENA, alleging that the \"Condominio Avenida del Este\" construction project generated dust affecting their health, that trees had been felled without a permit, and that there was a stream on the property. The Chamber analyzed the actions of the respondent entities and determined that both the municipality and the Health Areas had conducted inspections and ordered mitigation measures before the amparo was filed, and that the dust control plan was being implemented. Regarding tree felling and the stream, SETENA demonstrated that the project had environmental viability and that a forest regent's certificate confirmed the land had no forest cover. The Chamber dismissed the amparo, finding no violation of fundamental rights, and urged the authorities to continue their environmental oversight.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575", "environmental-law-7554" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283317.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283317", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283317" }, { "id": "nexus-sen-1-0007-1283321", "citation": "Res. 07755-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience to judgment for municipal failure to answer environmental inquiries", "title_es": "Desobediencia a sentencia por falta de respuesta municipal a consultas ambientales", "summary_en": "In this ruling, the Constitutional Chamber addresses a disobedience motion filed by the appellant against the Municipality of Palmares, following a previous judgment that partially granted the amparo for failure to answer numerous inquiries about an environmental disaster in Bajo la Cabra. The original ruling ordered municipal authorities to respond within three days to a specific set of questions concerning earthworks permits, tree cutting, and environmental damage. The appellant alleged non‑compliance and requested referral for criminal disobedience. The Chamber confirms that, albeit belatedly, the head of the Environmental Unit submitted a detailed official letter with the required responses, so no ongoing breach exists. The motion is dismissed because the authority has now complied, and the procedure followed — granting a prior hearing — is standard for such claims. The decision reaffirms precedent on disobedience motions when compliance occurs while the motion is pending.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283321.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283321", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283321" }, { "id": "nexus-sen-1-0007-1283323", "citation": "Res. 07757-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Citizen participation in regulatory plan reform after a single public hearing", "title_es": "Participación ciudadana en reforma del plan regulador tras audiencia pública única", "summary_en": "The Constitutional Chamber rejects an amparo action against the Municipality of Santa Ana for alleged violations of the right to citizen participation and a healthy environment, regarding zoning changes in a regulatory plan. The petitioner argued that after a public hearing held in July 2021, the zoning map was modified without informing the community, changing an environmental recovery area to a commercial and logistics zone. The Chamber finds that the disagreement over the zoning category assigned to a property is a matter of ordinary legality beyond the summary nature of amparo. As for citizen participation, the majority reiterates that compliance with the participation principle is a matter of ordinary legality, not constitutional jurisdiction. Two judges issue concurring opinions, arguing that citizen participation is a fundamental right derived from Article 9 of the Constitution and international instruments, but agree that in this specific case no evident violation warrants the Chamber's intervention, since the changes were published on the municipal website and the plan had not yet entered into force.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283323.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283323", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283323" }, { "id": "nexus-sen-1-0007-1283335", "citation": "Res. 07839-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Respond to Request for Information on Waste Management", "title_es": "Omisión de respuesta a solicitud de información sobre manejo de desechos", "summary_en": "The petitioner, in his capacity as full alderman of the San José Municipal Council, filed an amparo action against the head of the Department of Environmental Services of the Municipality of San José, alleging that he had not received a response to a request for information sent on 9 January 2025 regarding waste management (current situation, cost per ton at the La Uruka Environmental Technology Center, and new cost to be paid to EBI for transport to Guápiles). The Constitutional Chamber determined that the email account used was an official mechanism for user requests and that, as of the date the amparo was filed, the respondent authority had not answered the request. Although the respondent later addressed the queries, there was no proof of notification of a formal response to the designated address. The Chamber concluded that Article 27 of the Constitution was violated because the 10-business-day deadline set forth in Article 32 of the Constitutional Jurisdiction Law was not met; it therefore granted the amparo and ordered compliance within three days.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283335.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283335", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283335" }, { "id": "nexus-sen-1-0007-1283380", "citation": "Res. 08177-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissal for untimeliness in mining concession case in protected zone", "title_es": "Caducidad del amparo por concesión minera en zona protectora", "summary_en": "The Constitutional Chamber dismisses as untimely the amparo filed by Corporación Guapa Nova S.A. against SINAC and MINAE regarding the denial of a mining concession extension within the Cerros de la Carpintera Protected Zone. The concession was granted in 1994; an extension was requested in 2018 and formally denied by SINAC on August 24, 2020, and confirmed on October 24, 2020. The amparo was filed on March 10, 2025, exceeding the two-month deadline under Article 35 of the Constitutional Jurisdiction Law. The Chamber notes the petitioner had previously filed a similar amparo (case 21-004414-0007-CO) containing the denial. While the amparo is inadmissible on procedural grounds, the ruling does not preclude challenging the administrative decision via other legal avenues. Justice Rueda Leal provides additional grounds, arguing the amparo should be rejected outright because it was filed on behalf of a legal entity without demonstrating the essential link to a natural person as required by IACHR Advisory Opinion 22/16.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283380.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283380", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283380" }, { "id": "nexus-sen-1-0007-1283393", "citation": "Res. 07799-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Closure of Maíz de Boruca health post and delay in rebuilding it", "title_es": "Cierre del puesto de salud de Maíz de Boruca y demora en su reconstrucción", "summary_en": "The Constitutional Chamber rules on an amparo filed by residents of Maíz village, within the Boruca Indigenous Territory, against the CCSS, Ministry of Public Education, and others, due to the closure of the local health post and transfer of services to the Boruca EBAIS. The Chamber partially grants the appeal, finding that the CCSS violated the right to health by excessively delaying construction of the new periodic visit post, a project begun in 2022 that remained stalled at the land acquisition phase. It orders completion no later than December 2027. However, it dismisses claims about the closure and temporary transfer, noting the decision was based on a request from the Health Committee and the need to vacate the land for the school, and that the CCSS ensured continuity of care in Boruca. It declines to examine disputes over land ownership and procedures, relegating them to ordinary courts. It also excludes community bodies from the proceedings. Two justices dissent in part.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283393.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283393", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283393" }, { "id": "nexus-sen-1-0007-1283394", "citation": "Res. 07772-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Wastewater Canalization and Reasonable Timeframe by Municipality", "title_es": "Canalización de aguas residuales y plazo razonable municipal", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Santa Bárbara for failing to resolve the problem of a wastewater channel crossing the petitioner's property. Since May 2024, the petitioner reported that the virtually dry channel receives domestic wastewater discharges from neighbors, causing contamination and environmental harm, and requested its closure to redirect the water to the public road. The Chamber finds that although the municipality conducted inspections and topographic surveys, it did not carry out the necessary works within a reasonable time, and the petitioner's October 2024 information request was only answered in January 2025, after the amparo was filed. It holds that the delay violates the right to a swift and completed procedure, and given the environmental complaint affecting health and a healthy environment, it departs from the general rule of referring the matter to the administrative contentious jurisdiction. The amparo is granted, and the municipality is ordered to complete the works within a maximum of six months. Judge Garro Vargas dissents, arguing the matter should have been addressed through the administrative contentious jurisdiction.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283394.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283394", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283394" }, { "id": "nexus-sen-1-0007-1283403", "citation": "Res. 07718-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against quarry environmental viability is a matter of ordinary legality, Court dismisses", "title_es": "Amparo contra viabilidad ambiental de cantera es materia de legalidad ordinaria, Sala desestima", "summary_en": "The Constitutional Chamber dismissed the amparo filed against the 'Quebradores Aralfa Piedra Blanca' quarry project. The petitioner alleged violations of the right to a healthy environment and citizen participation. The Chamber found that: 1) the project met all stages and requirements, obtaining environmental viability from SETENA in 2022; 2) reviewing the technical content of the viability does not fall within the Chamber's jurisdiction but belongs to the contentious-administrative jurisdiction as a matter of ordinary legality; 3) the alleged harms were already examined in a prior environmental complaint; 4) the project has not started operations and still requires inspections; 5) monitoring compliance with the principle of citizen participation is for the ordinary courts, not the constitutional jurisdiction. Authorities were reminded to continue verifying compliance. Judges Salazar, Cruz, and Rueda issued separate opinions on the boundary between constitutional review and legality, and the fundamental-right nature of citizen participation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554", "biological-corridors" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283403.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283403", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283403" }, { "id": "nexus-sen-1-0007-1283697", "citation": "Res. 08269-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience of environmental amparo ruling", "title_es": "Desobediencia a sentencia de amparo ambiental", "summary_en": "The Constitutional Chamber addresses a disobedience claim filed by an individual against the Municipality of Pococí. In a previous ruling (2024031682), the municipality had been ordered to notify the claimant of the actions taken regarding an environmental complaint. The claimant alleges that only a partial response was received and that the request for street improvement was not addressed. The municipality reports that it had notified the response, carried out cleaning, placed an informational sign, and programmed road maintenance for 2025. The Chamber finds that the respondent authority complied with the previous ruling by notifying the claimant and executing clean-up and awareness actions. Therefore, it dismisses the disobedience claim.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283697.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283697", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283697" }, { "id": "nexus-sen-1-0007-1283707", "citation": "Res. 08562-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality action against article 55 bis of the Organic Law of the Judiciary", "title_es": "Rechazo de acción de inconstitucionalidad contra artículo 55 bis de la Ley Orgánica del Poder Judicial", "summary_en": "The Constitutional Chamber summarily rejects the unconstitutionality action filed against article 55 bis of the Organic Law of the Judiciary. The plaintiffs, two private citizens, argued that the norm contains an unconstitutional omission by not providing that the Second Chamber hear appeals against judgments issued by Family Courts in sole instance, thereby violating access to justice, due process, and the right to a double instance. The court examines the invoked grounds for standing: diffuse interests and a prior pending case. Regarding diffuse interests, it concludes that the alleged violation of due process does not possess the required diffuse nature, as it concerns a specific situation rather than a harm spread across an indeterminate collectivity. As for the prior case, it finds that the cited proceeding had already been resolved before the action was filed, so there is no pending matter. The majority rejects the action for lack of standing; two judges add concurring opinions on diffuse interests, reiterating established jurisprudence and agreeing with the dismissal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283707.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283707", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283707" }, { "id": "nexus-sen-1-0007-1283870", "citation": "Res. 08418-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo Against Criminal Convictions for Occupation in Ostional Refuge", "title_es": "Improcedencia de amparo contra sentencias penales por ocupación en Refugio Ostional", "summary_en": "The Constitutional Chamber summarily dismisses an amparo appeal filed by an occupant of land within the Ostional National Wildlife Refuge, who had been criminally convicted of invading a protected area. The appellant argued that the criminal courts (the Criminal Trial Court of the Second Judicial Circuit of Guanacaste and the Criminal Appeals Court) disregarded a prior ruling by this Chamber (decision 2009-016892) that limited administrative evictions to persons whose presence harmed the refuge's objectives. The Chamber holds that the amparo is inadmissible because the challenged rulings were issued by organs of the Judiciary in the exercise of their jurisdictional function — acts that, pursuant to Article 30(b) of the Constitutional Jurisdiction Law, are not subject to constitutional review via amparo proceedings. The decision confirms the principle that final judicial decisions cannot be challenged through amparo, upholding res judicata and the separation of competencies between the constitutional and criminal jurisdictions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283870.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283870", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283870" }, { "id": "nexus-sen-1-0007-1283880", "citation": "Res. 07713-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Gamboa Creek Diversion to Túnel Creek: Amparo partially granted for lack of municipal response", "title_es": "Desvío de la Quebrada Gamboa hacia Quebrada Túnel: amparo declarado parcialmente con lugar por falta de respuesta municipal", "summary_en": "The Constitutional Chamber hears an amparo action against the National Emergency Commission (CNE), the Municipality of Turrialba, and SENARA, filed by a resident opposing the project to divert Gamboa Creek to Túnel Creek in Campabadal, Turrialba. The plaintiff claims the project has been advanced without considering environmental and community impacts, and that several information requests went unanswered. The Chamber finds the project is still in a preparatory stage, without approved investment plan or start of works, so no current harm to fundamental rights exists. However, it confirms that three requests dated March 14, 2023 to the municipality were not answered, thus violating the right to petition. It partially grants the amparo, ordering the mayor to respond within ten days and awarding costs. The rest of the claim is denied. One magistrate adds separate reasons: the substantive environmental issues should be litigated in the administrative contentious jurisdiction, not via amparo.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283880.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283880", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283880" }, { "id": "nexus-sen-1-0007-1283881", "citation": "Res. 07715-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on visual contamination denied", "title_es": "Amparo sobre contaminación visual rechazado", "summary_en": "Neighbors from the Ujarrás viewpoint filed an amparo against the Municipality of Paraíso, claiming that sweet pepper crops covered with reflective plastic in the Ujarrás Valley cause visual contamination and landscape damage. They reported it on January 25, 2024, and after receiving no municipal action, filed the amparo with the Constitutional Chamber on March 4, 2024. The Chamber ruled the amparo was premature, as the authorities were still within a reasonable time to investigate and respond, in line with Article 41 of the Political Constitution. It also noted the municipality had already conducted joint inspections with the Ministry of Health and MAG, whose reports found no landscape impact or health damage to residents. The appeal was denied.", "primary_topic_id": null, "topic_ids": [ "landscape-protection", "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283881.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283881", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283881" }, { "id": "nexus-sen-1-0007-1283882", "citation": "Res. 07725-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of order to deliver complete file of the Aczarri Environmental Technology Park", "title_es": "Reiteración de orden de entrega de expediente completo del Parque Tecnológico Ambiental Aczarri", "summary_en": "The Constitutional Chamber hears a disobedience claim filed by the petitioner, who alleges that the Municipality of Aserrí has not complied with the order in judgment No. 2025-002797, which required delivery of a copy of the complete administrative file of the Aczarri Environmental Technology Park. The respondent authority reported having sent the digitized information by email, but the petitioner denies receiving it and points out that the physical delivery was incomplete and disorganized. The Chamber finds partial non-compliance, as the full set of physical documents, duly paginated, has not been provided. It therefore reiterates the order for immediate compliance, under warning of certifying the matter to the Public Prosecutor's Office pursuant to Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283882.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283882", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283882" }, { "id": "nexus-sen-1-0007-1283885", "citation": "Res. 07737-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against infrastructure works in Tierra Prometida community", "title_es": "Amparo contra obras de infraestructura en comunidad Tierra Prometida", "summary_en": "The petitioner, a resident of the Tierra Prometida community in Pérez Zeledón, filed an amparo action against the Fundación para la Vivienda Rural Costa Rica-Canadá, the Banco Hipotecario de la Vivienda (BANHVI), and the Ministry of Housing and Human Settlements (MIVAH), alleging that road construction and remodeling works in the area had caused multiple inconveniences, deterioration in quality of life, impassable streets, suspension of public transportation, dangerous sidewalks, and blocked access to homes. She argued that progress was minimal and of very poor quality, despite the original promise of completion by June 2023. The Constitutional Chamber reviewed the reports and evidence submitted, finding that the ‘Tierra Prometida’ project is a collective housing bond aimed at eradicating slums and precarious settlements, including a potable water network, storm drainage, retaining walls, paving, sidewalks, and signage, with over 70% progress. The Chamber determined that the reported trenches no longer existed, 97% of sidewalks were built, and temporary closures were necessary for progress. It concluded that there was no current violation of the petitioner’s fundamental rights and dismissed the action.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283885.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283885", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283885" }, { "id": "nexus-sen-1-0007-1283889", "citation": "Res. 07764-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal sidewalk construction and closure of wastewater pipes does not violate constitutional rights", "title_es": "Construcción municipal de aceras y clausura de tuberías de aguas servidas no constituye lesión constitucional", "summary_en": "The Constitutional Chamber denies an amparo action against the Municipality of Alajuelita regarding a sidewalk and gutter construction project in Lotes Paz neighborhood. The petitioners argued that the notification was informal, work began before the appeal period expired, and that the closure of wastewater pipes caused contamination and risk given the absence of a sanitary sewer system. The Chamber found that only one of the protected persons proved receipt of the administrative act, and as to that person, no fundamental rights violation was shown. The act contained factual and legal grounds, advised of remedies, and preliminary work did not involve pipe closures in the first week. Furthermore, the homes had septic tanks, so the sanitary system was not affected; only illegal graywater connections were disconnected. The Chamber stresses that it is not for it to determine the municipality's authority to apply the Wastewater Discharge and Reuse Regulation or the propriety of the closures, as these are matters of ordinary legality.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283889.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283889", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283889" }, { "id": "nexus-sen-1-0007-1283908", "citation": "Res. 07950-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal Omission Regarding Environmental Complaint in Community Park", "title_es": "Omisión municipal ante denuncia ambiental en parque comunitario", "summary_en": "The Constitutional Chamber ruled on an amparo filed by a resident against the Municipality of San José for failing to address environmental complaints regarding a park in Colonia López Mateos, San Sebastián. Since April and December 2024, the petitioner reported noise disturbances, drug sales, homelessness, and disruption of peace affecting her right to a healthy environment and health. Although the municipality claimed to have taken internal steps and determined the park belongs to the Archdiocese, the Chamber found these actions were not timely or effective in safeguarding community rights. The amparo was granted, ordering municipal authorities to coordinate with the property owner to provide a definitive solution within one month. The ruling highlights the direct link between administrative inaction and the violation of Article 50 of the Constitution, and the municipality is ordered to pay costs, damages, and losses.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283908.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283908", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283908" }, { "id": "nexus-sen-1-0007-1283911", "citation": "Res. 07999-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal inaction on environmental complaint regarding drainage obstruction", "title_es": "Omisión municipal en atender denuncia ambiental sobre obstrucción pluvial", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of Puntarenas for failing to address an environmental complaint filed in November 2023. The petitioner alleged that obstruction of the storm drainage system in her community caused flooding in her home, violating her rights to a healthy environment, health, and a dignified quality of life. Although the municipality began cleanup work before the amparo was filed, the work was only resumed and completed after notification of the admissibility order. The Chamber grants the amparo, finding that the administrative omission harmed the petitioner's fundamental rights. The majority declines to impose costs, damages, or losses, applying a restrictive interpretation of Article 52 of the Constitutional Jurisdiction Law, considering that the restoration of rights did not result in evident patrimonial harm. Judges Salazar Alvarado and Garro Vargas partially dissent, arguing that abstract condemnation for damages and losses is necessary as a consequence of the proven violation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1283911.json", "html_url": "/legal/doc/nexus-sen-1-0007-1283911", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1283911" }, { "id": "nexus-sen-1-0007-1284265", "citation": "Res. 08700-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Conavi must address rotten tree on Route 214 that poses risk to people", "title_es": "Conavi debe atender árbol podrido en ruta 214 que pone en riesgo a personas", "summary_en": "The Constitutional Chamber heard an amparo action filed against the National Road Council (Conavi) for failing to address a rotten poró tree located within the right-of-way of national route 214 in the canton of Desamparados. The petitioner alleged that the tree, approximately 20 meters tall with a rotted base and trunk, posed an imminent risk of falling and endangering people transiting the area. Despite the Municipality of Desamparados having notified Conavi of the situation in 2019, no action had been taken. Conavi argued it had attempted coordination with the Municipality of San José, which refused to intervene due to lack of territorial jurisdiction, and claimed uncertainty about whether the tree was within the right-of-way. The Chamber found that more than five years had passed without Conavi addressing the problem, deeming the delay disproportionate and unreasonable, contrary to state efficiency. The amparo was granted solely against Conavi, ordering it to resolve the situation within three months and ordering the State to pay costs, damages, and losses. Justice Castillo Víquez added a separate opinion regarding the Chamber's jurisdiction over claims of delayed justice in administrative proceedings.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284265.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284265", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284265" }, { "id": "nexus-sen-1-0007-1284273", "citation": "Res. 08960-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for administrative delay in challenge to land use permit for hospital in industrial zone", "title_es": "Rechazo de amparo por omisión administrativa en cuestionamiento de uso de suelo para hospital en zona industrial", "summary_en": "The Constitutional Chamber flatly dismisses an amparo action filed against INVU for failing to respond to a request to nullify a 2011 permit authorizing the location of the new Cartago hospital in the Coris Industrial Zone. The petitioner, representing an association, claimed a violation of the right to prompt and complete administrative justice and to a healthy environment, arguing that a hospital near chemical industries poses an environmental risk. The majority of the Chamber held that the claim is a question of ordinary legality regarding land use that does not show an imminent, direct, and clear violation of the environmental right, and therefore must be pursued in the administrative litigation courts. Judges Cruz Castro and Rueda Leal dissented: Cruz Castro because he believes administrative delay is always actionable in amparo, and Rueda Leal because he considers the case does involve an environmental matter that warrants a merits hearing.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284273.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284273", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284273" }, { "id": "nexus-sen-1-0007-1284278", "citation": "Res. 08602-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Clarification on enforcement of amparo ruling regarding tire wall", "title_es": "Aclaración sobre ejecución de sentencia de amparo por muro de llantas", "summary_en": "The mayor of Puriscal asked the Constitutional Chamber to specify the exact actions the municipality must take to comply with an amparo ruling that ordered resolution of a problem involving a tire wall inside a protection zone. The Chamber denied the request, holding that the original order was clear in requiring coordination and execution of actions within their powers. It explained that the constitutional court—as a jurisdictional body—cannot determine or advise on the specific measures that administrative authorities must adopt. The ruling reaffirms that the respondent entities themselves, in accordance with infra-constitutional norms and their competencies, must design and implement the necessary solutions to protect life, physical integrity, and the environment. The decision also reviews the history of non-compliance since 2022, including a prior disobedience proceeding, and warns of criminal consequences if non-compliance persists.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284278.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284278", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284278" }, { "id": "nexus-sen-1-0007-1284285", "citation": "Res. 08704-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Jurisdiction to authorize urban tree cutting lies with the agrarian judge via summary derribo procedure, not SINAC", "title_es": "La competencia para autorizar la corta de árboles urbanos no corresponde al SINAC sino a la vía sumaria de derribo ante el juez agrario", "summary_en": "The Constitutional Chamber rejects the amparo appeal because, at the time of the ruling, neither the Municipality of Santa Cruz nor SINAC had filed any request or granted any permit to cut the canelo trees in front of the appellant's home. The municipal sidewalk reconstruction project, based on the Pedestrian Mobility Law and Law 7600, identified that those trees reduce the sidewalk width below the legal minimum of 1.2 m, but the administration itself clarified that the corresponding permit had not yet been processed. Due to this lack of current harmful act, the appeal does not succeed. However, the Chamber reiterates a key precedent (decision 2024-019586) establishing that cutting permits for urban trees – outside forests or forest plantations – are not within SINAC's jurisdiction; instead, they must be pursued through the summary derribo procedure before the Agrarian Court under Article 108 of the Civil Procedure Code and Article 108 of the Biodiversity Law. The respondent authorities are warned that, if cutting the trees becomes necessary, they must follow that judicial procedure.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284285.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284285", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284285" }, { "id": "nexus-sen-1-0007-1284340", "citation": "Res. 08608-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Fundamental right to drinking water requires comprehensive and effective solutions to prolonged shortages", "title_es": "Derecho fundamental al agua potable exige soluciones integrales y efectivas ante desabastecimiento prolongado", "summary_en": "The Constitutional Chamber granted an amparo action for violation of the fundamental right to potable water of the residents of Esterillos Oeste, Esterillos Este, Esterillos Centro, and Bejuco. The Court found chronic undersupply and non-potable water quality (excess iron, manganese, E. coli, and lack of residual chlorine) since at least 2017. Although AyA implemented palliative measures such as water trucks and sectorization, there was no clear comprehensive solution or defined timeline. The Chamber applied the precautionary principle to prioritize health protection and ordered AyA and the Ministry of Health to coordinate to ensure potability and service continuity within 24 months, with technical support and follow-up on sanitary orders. Justice Garro Vargas partially dissented, arguing that the enforcement phase should be handled by the contentious-administrative jurisdiction due to the technical complexity. The decision reaffirms the right to potable water as derived from the rights to life, health, and a healthy environment, and underscores the constitutional duty of public entities to provide efficient public services.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "art-50-constitution", "procedural-environmental" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284340.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284340", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284340" }, { "id": "nexus-sen-1-0007-1284362", "citation": "Res. 09107-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Consultation with Indigenous Children and Adolescents for the National Childhood Policy", "title_es": "Consulta a niños y adolescentes indígenas para la Política Nacional de la Niñez", "summary_en": "The Constitutional Chamber upheld an amparo action brought by the Office of the Ombudsperson against the National Council for Children and Adolescents (CNNA). The claimant argued that during the formulation of the 2024-2036 National Policy for Children and Adolescents, the CNNA failed to conduct a free, prior, and informed consultation with Indigenous children and adolescents from the country's 24 Indigenous territories, thereby violating ILO Convention 169 and the Convention on the Rights of the Child. The CNNA argued that the consultation would take place within the framework of the Public Policy for Indigenous Peoples (PPPI), led by the Vice-Ministry of Peace. The Chamber analyzed the PPPI and found that it contains specific measures that directly affect Indigenous minors; therefore, consultation was mandatory before its approval. The Chamber noted that, while authorities had begun some activities (workshops in a few territories), at the time of filing and during the proceedings there was no complete timeline ensuring consultation in all 24 territories in accordance with the General Consultation Mechanism for Indigenous Peoples. Consequently, the Chamber granted the amparo and ordered the CNNA to coordinate and carry out the consultation process within a maximum of twelve months, guaranteeing the effective participation of Indigenous minors from all territories within the framework of the PPPI.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "25/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284362.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284362", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284362" }, { "id": "nexus-sen-1-0007-1284395", "citation": "Res. 08664-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Stream pollution and duty to resolve environmental complaints", "title_es": "Contaminación de quebrada y deber de resolver denuncias ambientales", "summary_en": "The Constitutional Chamber heard an amparo filed by residents against the Ministry of Health, the Municipality of Grecia, and SINAC, concerning the pollution of a stream in the Paco Mora sector of Grecia, caused by untreated wastewater discharges from homes and accumulation of garbage. The complainants reported the situation in September 2024, but five months later no definitive solution had been implemented. The Chamber found that, despite inspections and some initial actions, both the Health Authority and the Municipality had incurred in disproportionate and unjustified delay in addressing and resolving the problem, perpetuating the harm to the right to a healthy environment and quality of life. SINAC, however, demonstrated it had coordinated with other institutions and referred the case, so no omission was found on its part. The amparo was partially granted: the Health Ministry was ordered to complete pending dye tests and issue the necessary sanitary orders within one month; the Municipality of Grecia was ordered to execute and supervise measures to definitively resolve the pollution problem within fifteen days. Both entities were condemned to pay costs, damages, and losses. The Chamber rejected the request to order the construction of a sewage treatment system, holding that the specific technical solution must be determined by the competent authorities, not by the constitutional court.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284395.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284395", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284395" }, { "id": "nexus-sen-1-0007-1284397", "citation": "Res. 08667-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Resolve and Notify Complaint on Illegal Dump Violates Right to Prompt Justice", "title_es": "Omisión de resolver y notificar denuncia sobre botadero ilegal lesiona justicia pronta", "summary_en": "The Constitutional Chamber reviewed an amparo filed by residents against the Municipality of Palmares, the Ministry of Health, and MINAE, concerning an illegal open-air dump in Zaragoza de Palmares that was polluting the Río Grande and the ecosystem. The Chamber verified that after the complaints, the Municipality cleaned the site, fenced the property, and collected the waste; the Ministry of Health issued a sanitary order and confirmed compliance; and MINAE inspected and forwarded the complaint. However, neither the Municipality nor the Health Area resolved or formally notified the complainants of the final decision on their complaints—they merely informed them through letters about actions taken, without issuing a proper administrative act. Therefore, the Chamber granted the amparo against those two authorities for violating the right to prompt and complete administrative justice (Article 41 of the Constitution), ordering them to resolve and notify within ten days. MINAE was found not liable, and the Municipality was ordered to pay costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284397.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284397", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284397" }, { "id": "nexus-sen-1-0007-1284472", "citation": "Res. 09312-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sewage-related amparo dismissed as premature", "title_es": "Amparo sanitario por aguas negras desestimado por prematuro", "summary_en": "The Constitutional Chamber dismisses outright an amparo filed by a resident of Concepción Arriba, Alajuelita, against the Costa Rican Institute of Aqueducts and Sewers (ICAA), the Municipality of Alajuelita, and the Ministry of Health. The petitioner alleged inaction regarding a collapsed sewage pipe causing accumulation of blackwater and fecal matter in front of her home, affecting public health, the right to adequate housing, and the best interests of children. The Chamber holds that the claim, which is environmental in nature, relates to the right to prompt and complete administrative justice (Article 41 of the Constitution), for which a reasonable period of two months is granted to the authorities to respond to administrative complaints. Since the petitioner’s complaints to the Ministry of Health and the Municipality were filed in February and March 2025, the two-month period had not elapsed. The amparo is therefore dismissed as premature, without reaching the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284472.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284472", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284472" }, { "id": "nexus-sen-1-0007-1284851", "citation": "Res. 09401-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of action against MSP circular for lack of standing", "title_es": "Rechazo de acción contra circular del MSP por carecer de legitimación", "summary_en": "The Constitutional Chamber flatly dismissed an unconstitutionality action against Circular MSP-DM-AJ-SPJA-5373-2020 of the Ministry of Public Security, which sets a ten-year period for deletion of police reports. The petitioner, who was denied a weapons permit due to reports of drug and alcohol possession, invoked the right to be forgotten and the principles of reasonableness and proportionality. The Chamber found that the petitioner lacked standing: he failed to demonstrate a prior pending case in which the unconstitutionality was raised, nor did he show that the circular affected diffuse interests. The majority found that the diffuse interests recognized by case law—such as environment, cultural heritage, or health—do not encompass the petitioner’s claim. Two justices added separate reasoning, stressing that a diffuse interest requires a socially diffused impact, which was absent here.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284851.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284851", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284851" }, { "id": "nexus-sen-1-0007-1284889", "citation": "Res. 09546-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo Partially Granted for Lack of Response to Inquiries on Implementation of Land Donation Law", "title_es": "Amparo parcialmente acogido por falta de respuesta a consultas sobre ejecución de ley de donación de terrenos", "summary_en": "The Constitutional Chamber reviews a petition for amparo against the Municipality of Quepos regarding the failure to implement Law No. 10283, which provided for the transfer of lands in the Zona Americana to 81 families, and the municipality’s failure to respond to a formal request filed on October 2, 2024. The petitioner alleged that, despite the law having been in effect since 2022, the Technical Execution Unit (UTE) had not been formally constituted, the necessary regulations had not been enacted, and the beneficiary families had not been convened, while the Municipal Council had granted a precarious‑use permit over one of the buildings on those lands to a private company. The Chamber finds that the petitioner’s request contained both genuine requests for information and non‑binding exhortations. As to the former, the Chamber determines that no formal, notified response has been provided, and therefore partially grants the amparo, ordering a response within eight days. The other claims—exhortations, a complaint about a road that had already been addressed, and challenges regarding delays in implementing the law, the Council’s authority, and the legality of the permit—are dismissed, as they do not violate the right to petition, have been resolved, or require evidentiary proceedings incompatible with the summary nature of amparo.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284889.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284889", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284889" }, { "id": "nexus-sen-1-0007-1284896", "citation": "Res. 09672-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Information request on aquifers in Santa Cruz, Guanacaste", "title_es": "Solicitud de información sobre acuíferos en Santa Cruz, Guanacaste", "summary_en": "A deputy filed an amparo action against the Costa Rican Institute of Aqueducts and Sewers (AyA) for failing to respond to a detailed information request regarding hydrogeological studies, saline intrusion, well concession files, and water availability certifications for aquifers in Santa Cruz, Guanacaste, related to CATALINAS PROPERTIES HOLDING LTDA and the Las Catalinas condominium. AyA reported that the request is complex and requires more than ten working days, and on March 10, 2025, it informed the petitioner that the response would be provided by March 28, 2025, before the resolution initiating the amparo was notified. The Constitutional Chamber found that the request constitutes a complex petition involving multiple institutional units, that the granted timeframe is reasonable, and that the respondent authority timely informed the petitioner of the impossibility to meet the ten-day legal deadline. Therefore, no violation of the rights to petition and prompt response was established, and the amparo was denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284896.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284896", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284896" }, { "id": "nexus-sen-1-0007-1284927", "citation": "Res. 09421-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Protection of water sources against construction permits in Alajuela", "title_es": "Protección de fuentes de agua ante permisos de construcción en Alajuela", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Alajuela, AyA, and SETENA concerning construction permits granted for a condominium in Desamparados de Alajuela within a spring protection zone. The petitioner alleges that the Lankaster project encroaches on the protection zone of the Gutiérrez and Lankaster springs, with risks of groundwater contamination and interference with AyA infrastructure. The Chamber analyzes the preventive and precautionary principles in environmental matters, emphasizing the State's obligation to adopt precautionary measures when facing risks of serious or irreversible damage. It finds that the stormwater drainage channel invades the protection zone and that the AyA expressly rejected the channel's route. The Chamber determines that SENARA was not consulted on the impacts to groundwater, violating the precautionary principle and the jurisprudence requiring its intervention. The amparo is partially granted, ordering the Municipality to relocate the stormwater drain within six months; AyA to develop a monitoring system within ten months; and SETENA to conduct a study to determine if the area is environmentally fragile within ten months, in coordination with SENARA.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284927.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284927", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284927" }, { "id": "nexus-sen-1-0007-1284929", "citation": "Res. 09525-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo regarding leachate management and garbage truck washing in Alajuelita", "title_es": "Amparo por manejo de lixiviados y lavado de camiones recolectores en Alajuelita", "summary_en": "The Constitutional Chamber heard an amparo action filed by a resident and substitute councilor of Alajuelita against the Municipality of that canton. The petitioner alleged that since 2023, at a municipal yard shared by three departments, garbage collection trucks are washed without proper environmental measures, causing wastewater and leachate to contaminate the soil and the nearby Tiribí River, as well as generating odors that affect employees. The María Aguilar Interurban Biological Corridor Association had raised concerns before the Municipal Council with no definitive action taken. The mayor reported that a bidding process had begun to build the necessary infrastructure and that the Municipal Environmental Manager had indicated measures to be implemented, estimating completion by April 2025. The Chamber granted the amparo, ordering the mayor to solve the problem within two months, warning of contempt of court. There is a dissenting vote considering that the matter fell under the administrative contentious jurisdiction.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284929.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284929", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284929" }, { "id": "nexus-sen-1-0007-1284933", "citation": "Res. 09437-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal Failure to Install Storm Drainage and Maintain Slope Stability in Andesa Development", "title_es": "Incumplimiento municipal en canalización pluvial y conservación de talud en Urbanización Andesa", "summary_en": "The Constitutional Chamber reviews an amparo action brought by residents of the Andesa Development in Cañas, Guanacaste, against the Municipality of Cañas. The plaintiffs claim that the lack of curb and gutter infrastructure for stormwater runoff, compounded by illegal constructions and poor wastewater management by some residents, has caused landslides, pollution, and risks to life and health, violating the right to a healthy environment and public health. The Chamber finds that the Municipality has been aware of the issues since 2010 and, despite inspections and recommendations, failed to build the necessary drainage works or effectively address irregularities, contravening a prior ruling (2023012166). The amparo is partially granted, ordering the mayor to take definitive measures to resolve the slope problem as mandated by the earlier judgment, and ordering the municipality to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284933.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284933", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284933" }, { "id": "nexus-sen-1-0007-1284934", "citation": "Res. 09439-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Construction of bridge over Quebrada Honda River after storm Nate", "title_es": "Construcción de puente sobre río Quebrada Honda tras tormenta Nate", "summary_en": "Residents of El Rodeo de Colón de Mora filed an amparo action against the Municipality of Mora and the National Commission for Risk Prevention and Emergency Response (CNE) due to delays in constructing a new bridge over the Quebrada Honda River, damaged by Tropical Storm Nate in 2017. They argued that the modified 2024 investment plan required demolishing the existing bridge, which would isolate the community during construction, without considering technical alternatives to avoid this. The Constitutional Chamber ruled that while it cannot decide the technical location of the bridge, it found an administrative delay of over seven years in the planning phase, currently suspended due to disagreements between authorities. The Court partially granted the amparo, ordering the CNE and the Municipality to coordinate and complete the design phase within six months, and to finish the construction within twelve months of its start. The entities were ordered to pay costs, damages, and losses. Separate opinions were filed regarding jurisdiction and execution of the judgment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284934.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284934", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284934" }, { "id": "nexus-sen-1-0007-1284937", "citation": "Res. 09474-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Bilateral agreement confidentiality and access to information", "title_es": "Acuerdo bilateral confidencialidad y acceso a información", "summary_en": "Constitutional Chamber Resolution No. 09474-2025 dismisses an amparo action filed against the Presidency and the Ministry of Foreign Affairs. The petitioner challenged the confidentiality clause (Article VI) of a Memorandum of Understanding signed between Costa Rica and El Salvador concerning cooperation on environmental and electric mobility projects, arguing it violated Articles 7, 11, and 30 of the Constitution for lack of legislative approval. The Chamber found that the petitioner had not requested access to the information whose confidentiality was challenged, thus no denial of access had occurred that could harm his rights. It reiterates that amparo requires a concrete injury, and since no request for information had been made, there is no basis to declare the alleged unconstitutionality. The resolution applies settled case law requiring exhaustion of administrative remedies before seeking amparo in access-to-information matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1284937.json", "html_url": "/legal/doc/nexus-sen-1-0007-1284937", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1284937" }, { "id": "nexus-sen-1-0007-1285006", "citation": "Res. 09424-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Open-air trash on Circunvalación highway does not violate right to healthy environment", "title_es": "Basureros en carretera de circunvalación no violan derecho a ambiente sano", "summary_en": "The petitioner filed an amparo action against the Ministry of Public Works and Transport (MOPT), the Municipality of San José, and the Ministry of Health, alleging violation of her right to a healthy and ecologically balanced environment due to trash accumulation along the Circunvalación highway, from Hatillo to San Sebastián. She claimed no institution was providing comprehensive and continuous cleanup. The Constitutional Chamber reviewed the evidence and found that the respondent authorities had acted: the Municipality cleaned three times a week with heavy machinery, CONAVI performed mowing and joint collection, and the Ministry of Health issued sanitary orders, monitored compliance, and deemed them fulfilled after verifying the service. The Chamber concluded no fundamental rights were violated, since a real and coordinated institutional response was proved, ruling out inaction or passivity. The appeal was dismissed, validating that partial but ongoing compliance satisfies the constitutional standard, without requiring an unrealistic elimination of all trash on a road constantly affected by third-party dumping.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1285006.json", "html_url": "/legal/doc/nexus-sen-1-0007-1285006", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1285006" }, { "id": "nexus-sen-1-0007-1285015", "citation": "Res. 09450-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Taras-La Lima Road Works and Omission in Addressing Water Damage", "title_es": "Obras viales en Taras-La Lima y omisión estatal frente a afectaciones hídricas", "summary_en": "The Constitutional Chamber reviewed an amparo filed by landowners in San Nicolás de Ochomogo, Cartago, whose properties border the ‘Taras-La Lima’ road project. They claimed that from the start of construction, poor stormwater management and lack of proper drainage caused recurrent flooding. They also complained about tree removal that eliminated a natural noise and dust barrier, dust and noise pollution, access difficulties, and loss of privacy. They further alleged that the Ministry of Public Works (MOPT) had not formally responded to their August 20, 2024 petition. The Chamber partially granted the amparo: it ordered MOPT to formally respond within five days and to complete pending works in ‘Area 1’ by June 2025 to definitively resolve the water problem. It denied the claims regarding noise, dust, access, and compensation, directing the latter to the administrative courts. CONAVI and the Municipality of Cartago were found not responsible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1285015.json", "html_url": "/legal/doc/nexus-sen-1-0007-1285015", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1285015" }, { "id": "nexus-sen-1-0007-1285016", "citation": "Res. 09452-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental complaints without delay justify exceptional amparo", "title_es": "Denuncias ambientales sin demora justifican amparo excepcional", "summary_en": "The Constitutional Chamber hears an amparo action against the Ministry of Health and the Municipality of Goicoechea for failing to definitively close a workshop that, according to the petitioner, carries out unauthorized activities and generates pollution from noise, odors, and hazardous substances, harming her mental health. The petitioner alleges that the authorities have not adequately resolved her complaints since 2014, despite multiple inspections and sanitary orders. The Chamber determines that, while normally disputes over administrative delay belong in the contentieux-administrative jurisdiction, an exception applies in environmental matters when fundamental rights such as health and a healthy environment (Article 50 of the Constitution) are affected. However, in the specific case, the record shows that the Goicoechea Health Area Directorate conducted numerous inspections, issued sanitary orders, closed complaints after verifying compliance, and kept open the possibility of further noise measurements, yet the petitioner herself failed to provide the requested scheduling information. The Municipality, for its part, demonstrated that the business license was lawfully granted and remains in effect. The Chamber concludes that no omission or delay attributable to the respondent authorities was proven, only disagreement with the results of their actions, which is beyond the scope of amparo. The appeal is denied, with separate notes by Judges Castillo Víquez and Salazar Alvarado.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1285016.json", "html_url": "/legal/doc/nexus-sen-1-0007-1285016", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1285016" }, { "id": "nexus-sen-1-0007-1285018", "citation": "Res. 09458-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber Partially Grants Access to Information on Wetlands and Permits in Talamanca", "title_es": "Sala Constitucional ampara parcialmente acceso a información sobre humedales y permisos en Talamanca", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Talamanca for failing to fully deliver information requested by a citizen regarding developments, land-use and construction permits in wetland areas and the maritime-terrestrial zone. The petitioner sought copies, certifications, and explanations about the legal basis for permits issued. The Chamber analyzed each point: requests for legal criteria (points 2-4) are not subject to amparo, but those for access to information are. It dismissed the appeal regarding the already-answered copy request (point 1) and the criteria (points 2-4). However, it partially granted the amparo concerning the lack of response on municipal actions to correct technical inaccuracies (point 5) and the certification of occupants, permits, and coordinates (final section), as these had not been properly provided. It ordered the Mayor to deliver such information within 10 days, safeguarding sensitive data.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1285018.json", "html_url": "/legal/doc/nexus-sen-1-0007-1285018", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1285018" }, { "id": "nexus-sen-1-0007-1285031", "citation": "Res. 09536-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo briefs on Gandoca-Manzanillo noncompliance are severed and archived due to existing preliminary injunctions", "title_es": "Se desglosan y archivan escritos de amparo sobre desobediencia en Gandoca-Manzanillo por ser cosa juzgada cautelar", "summary_en": "The Constitutional Chamber hears an amparo filed by Marco Vinicio Levy Virgo against the Municipality of Talamanca, alleging noncompliance with judgment 2019-12745, which partially struck down Law 9223 and ordered SINAC to delineate the forested area of the Gandoca-Manzanillo National Wildlife Refuge. The petitioner claims that despite the passage of time, the delimitation has not been carried out and construction and logging permits continue to be issued in protected areas, including Ramsar site 783, causing serious environmental harm. The Chamber notes that in the original case file 14-19174-0007-CO, preliminary injunctions were already issued on March 7, 2025 —notably the suspension of concessions and permits on 20.1 ha of forest, the suspension of MINAE directive 09-2023, and a total moratorium on logging permits— and that the amparo arguments duplicate what is already being litigated in that proceeding. Consequently, it severs all filings and transfers them to the parent case file for resolution there, and orders the closure of this amparo.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1285031.json", "html_url": "/legal/doc/nexus-sen-1-0007-1285031", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1285031" }, { "id": "nexus-sen-1-0007-1285037", "citation": "Res. 09597-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Qualified complainant does not equal automatic notification of every act", "title_es": "Denunciante cualificado no equivale a notificación automática de todos los actos", "summary_en": "The Constitutional Chamber hears an amparo filed by David Cole Anderson Lambert against SINAC for refusing to consider him a «procedural party» and to notify him in real time of all actions in administrative file ACT-OR-DR-390-2024 concerning damage to the Río Lagarto wetland in Playa Sámara. As a qualified complainant since 2022, he requested to be treated as a party with full procedural rights and immediate notifications. SINAC replied that he could consult the physical file in Nicoya and would not join the technical committee. The Chamber partially grants the amparo: it rejects the «procedural party» claim because no evidence showed SINAC prevented him from exercising the rights inherent to a qualified complainant (reviewing the file, filing briefs); the core grievance is about the mode of notification, a matter of legality beyond amparo jurisdiction. However, it upholds the claim regarding SINAC’s failure to answer a specific query made on February 5, 2025, about why wetland delimitation is not proceeding, ordering a response within ten days.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1285037.json", "html_url": "/legal/doc/nexus-sen-1-0007-1285037", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1285037" }, { "id": "nexus-sen-1-0007-1285042", "citation": "Res. 09614-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Solid waste in Santa Teresa de Cóbano and sanitary orders", "title_es": "Residuos sólidos en Santa Teresa de Cóbano y órdenes sanitarias", "summary_en": "The Constitutional Chamber hears an amparo action filed by a resident of Cóbano against the Municipal District Council of Cóbano for alleged inaction regarding the solid waste problem in Santa Teresa. The petitioner had requested inspections and compliance with the Comprehensive Waste Management Law, and reported expired sanitary orders from the Ministry of Health and an upcoming surf tournament. The Chamber finds that the petitioner's request is not a pure and simple petition protectable under Article 27 of the Constitution, but an environmental complaint concerning an administrative procedure, which would normally be referred to the contentious-administrative jurisdiction. However, because the alleged violation involves the environment, the Chamber assumes exceptional jurisdiction. On the merits, it determines that only 15 calendar days elapsed between the filing of the complaint (February 20, 2025) and the amparo filing (March 5), a period that is not disproportionate. It further finds that the cited sanitary orders pertain to a single property (Selina Norte parking lot) and not the broader waste problem in the area, and that the municipality has begun a technical evaluation process. Therefore, no undue delay or absolute inaction is established, and the amparo is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1285042.json", "html_url": "/legal/doc/nexus-sen-1-0007-1285042", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1285042" }, { "id": "nexus-sen-1-0007-1285051", "citation": "Res. 09936-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Follow-up on Non-Execution of Environmental Ruling Against TAA", "title_es": "Seguimiento de inejecución de sentencia ambiental contra TAA", "summary_en": "The Constitutional Chamber resolves a motion for non-execution filed within amparo case 23-004950-0007-CO, against the Environmental Administrative Tribunal (TAA). The underlying matter is administrative file 62-14-02-TAA, an environmental complaint. The motion arises after the Chamber’s prior 2023 rulings ordered the TAA to conclude the administrative proceedings. In this decision, the Chamber verifies that the TAA has resumed the case: it rescheduled a suspended hearing, requested information from SINAC and the MINAE Water Directorate on a conciliation plan submitted by the accused party, and granted the parties 30 business days to submit conciliation documentation. The Chamber finds that the TAA has endeavored to comply with the orders, thus deems the judgment executed and archives the amparo file, without prejudice to the continuation of the administrative proceeding.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1285051.json", "html_url": "/legal/doc/nexus-sen-1-0007-1285051", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1285051" }, { "id": "nexus-sen-1-0007-1285095", "citation": "Res. 10114-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against municipal delay in construction permit", "title_es": "Inadmisibilidad de amparo contra mora municipal en permiso de construcción", "summary_en": "The Constitutional Chamber dismisses outright the amparo petition filed against the Municipality of Garabito for delay in resolving a construction permit application and administrative appeal. The petitioner alleged violation of the right to petition, administrative positive silence, and legal certainty, having submitted all required technical and environmental documentation for a project claimed to be outside the protection polygon of the Laguna de Pochotal wetland. The Chamber holds that it is not a legality controller and that questions regarding the applicability of positive silence and the construction permit are matters of ordinary legality, to be resolved by the Administration or, if applicable, by the administrative contentious jurisdiction. Regarding the failure to resolve administrative appeals, the Chamber reiterates its jurisprudence that, with few exceptions, such claims must be pursued through an “amparo de legalidad” before the contentious-administrative jurisdiction, given the expeditious and comprehensive nature of that remedy. Justice Castillo Víquez adds a note on the new Law Regulating the Right to Petition, while Justice Cruz Castro dissents, arguing that administrative delay violates the fundamental right to prompt and complete administrative justice under Article 41 of the Constitution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1285095.json", "html_url": "/legal/doc/nexus-sen-1-0007-1285095", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1285095" }, { "id": "nexus-sen-1-0007-1286068", "citation": "Res. 25592-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional review of Law 9885 on Manuel Antonio Park — Decision 25592-2024", "title_es": "Control constitucional de la Ley 9885 sobre Parque Manuel Antonio — Sentencia 25592-2024", "summary_en": "The Constitutional Chamber partially granted an unconstitutionality action against Law 9885, which reformed the regime of Manuel Antonio National Park. The court struck down subsections 1, 2 and 3 of Transitory V for violating the principle of legislative connectivity. These subsections redirected park trust funds to address the COVID-19 emergency (food aid, municipal expenses and refurbishment of a social club). The Chamber found that this provision, introduced late through a substitute text, was substantially unrelated to the original bill's goal of providing financial resources to the park itself. The majority rejected challenges to the reform of Article 3 of Law 5100 (new income distribution) and Article 2 of Law 8133 (change in board composition), holding that no violation of technical reasonableness or environmental non-regression was proven. Justice Garro Vargas dissented in part, declaring the reformed Article 3 and the entirety of Transitory V unconstitutional, while Justice Alvarado Paniagua dissented partly regarding the appointment of the environmental representative. The effects were ordered to operate from publication in the Judicial Bulletin.", "primary_topic_id": null, "topic_ids": [], "date": "04/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1286068.json", "html_url": "/legal/doc/nexus-sen-1-0007-1286068", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1286068" }, { "id": "nexus-sen-1-0007-1286070", "citation": "Res. 36952-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutional reduction of Tivives Protected Zone", "title_es": "Reducción inconstitucional de la Zona Protectora Tivives", "summary_en": "The Constitutional Chamber upholds an unconstitutionality claim against Executive Decree No. 42404-MINAE, which reduced the area of the Tivives Protected Zone. The Court holds that reducing a protected wild area requires a formal law, prior technical studies, and compensation measures, pursuant to Article 38 of the Organic Environmental Law. The impugned decree failed to meet all three requirements: it was issued by the Executive Branch without legislative intervention, lacked technical studies by the competent environmental authority (SINAC), and provided no compensation. The Chamber annuls the decree in its entirety, orders the Attorney General’s Office to restore the area to its original extension within twelve months, and warns of possible state liability. One justice issues a separate opinion arguing that good-faith acquired rights cannot arise from such a manifestly unconstitutional norm.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "11/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1286070.json", "html_url": "/legal/doc/nexus-sen-1-0007-1286070", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1286070" }, { "id": "nexus-sen-1-0007-1286321", "citation": "Res. 10219-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noncompliance for failure to deliver environmental information", "title_es": "Desacato por información ambiental no entregada", "summary_en": "This ruling decides a noncompliance petition filed by the petitioner against the Municipality of San Rafael de Heredia, alleging failure to comply with ruling No. 2023003137. In that earlier ruling, the Constitutional Chamber ordered the mayor to provide complete and accessible information regarding the petitioner's requests dated December 9 and 19, 2022. The defendant authority swore that it complied on February 20, 2023, via official letter UGA-020-2023, attaching several documents concerning tree felling, quotations, and studies from SINAC and SENARA, among others. On March 31, 2025, in response to the petitioner's possible doubts, it provided additional detailed information. The Chamber finds that the order was satisfied and therefore denies the noncompliance petition.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "04/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1286321.json", "html_url": "/legal/doc/nexus-sen-1-0007-1286321", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1286321" }, { "id": "nexus-sen-1-0007-1286330", "citation": "Res. 10236-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Impropriety of contempt motion based on new facts", "title_es": "Improcedencia de gestión de desacato por hechos nuevos", "summary_en": "The Constitutional Chamber heard a contempt motion filed by the petitioner regarding judgment 2024033152, which partially granted an amparo action against the Municipality of Desamparados. That judgment ordered the municipality to resolve complaint form-00118 concerning garbage and stormwater infrastructure within fifteen days. The petitioner alleged disobedience and requested the installation of security cameras and administrative sanctions against municipal officials. The Chamber found that the Municipality had already complied with the previous ruling by informing the petitioner about the hydrological study and the search for a budget to solve the stormwater issue, while the other complaints had been properly closed after environmental inspections. The petitioner's new requests—installation of security cameras and administrative sanctions—are new facts not included in the original judgment and therefore cannot be addressed through a contempt proceeding. Accordingly, the Chamber dismissed the contempt motion, stating that the appropriate channel for new facts is the municipal complaint system (SIDIM).", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1286330.json", "html_url": "/legal/doc/nexus-sen-1-0007-1286330", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1286330" }, { "id": "nexus-sen-1-0007-1286332", "citation": "Res. 10242-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to communicate outcome of health complaint about wastewater and partition wall", "title_es": "Omisión de comunicar resultado de denuncia sanitaria sobre aguas residuales y tapia", "summary_en": "The petitioner filed a complaint with the Talamanca Health Authority regarding irregularities on a neighboring property: a poorly built partition wall, a septic tank and drains affecting her land, and improper rainwater management. The Ministry of Health conducted several inspections between March and October 2024, technically ruling out the alleged impacts—no leaks, overflows, or failure to meet minimum setbacks were found. However, it did not notify the complainant of the results of its actions. The Constitutional Chamber partially granted the amparo: it found that the failure to communicate the outcome violated the petitioner’s fundamental right to petition and access to administrative justice. It ordered notification of the complaint result within ten days. Regarding the partition wall claim, it referred the matter to the Municipality of Talamanca as an ordinary legality issue.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "04/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1286332.json", "html_url": "/legal/doc/nexus-sen-1-0007-1286332", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1286332" }, { "id": "nexus-sen-1-0007-1286355", "citation": "Res. 10350-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against tennis academy noise", "title_es": "Inadmisibilidad del amparo contra ruidos de academia de tenis", "summary_en": "The Constitutional Chamber summarily dismissed an amparo action filed by neighbors of a tennis academy in Heredia. The plaintiffs alleged noise and light pollution, as well as the failure to build a dividing wall between the properties despite the covered courts being constructed without respecting setbacks. They claimed that the respondent authorities —the Heredia Health Area and the Municipality of Heredia— had dismissed their complaints by stating that \"everything is in order\" and that it was a \"neighbors' problem.\" The Chamber held that the plaintiffs were not claiming an omission to address their requests, but rather challenging the merits of the decision, which involved technical criteria and ordinary legality issues incompatible with the summary nature of an amparo. It concluded that the dispute should be resolved before the administrative authorities themselves or in the ordinary courts.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1286355.json", "html_url": "/legal/doc/nexus-sen-1-0007-1286355", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1286355" }, { "id": "nexus-sen-1-0007-1286361", "citation": "Res. 10374-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied over nighttime noise from commercial kitchen", "title_es": "Denegado amparo por ruido de cocina comercial en horario nocturno", "summary_en": "The Constitutional Chamber denies an amparo action filed against the Ministry of Health and the Municipality of Flores for alleged violations of the right to a healthy environment and rest, caused by noise from a commercial kitchen operating during early morning hours. The plaintiff claimed authorities failed to address her complaints about noise, clandestine operation, and other sanitary issues. The Chamber finds that the Ministry of Health conducted multiple inspections, issued sanitary orders suspending the activity twice, and granted a sanitary operating permit after verifying regulatory compliance. The Municipality, in turn, issued the commercial license and communicated the regularization. The Court concludes the authorities acted diligently: they responded to complaints, corrected detected anomalies, and kept the plaintiff informed. Regarding noise pollution, the Chamber determines that the plaintiff has not specified a time for the required noise measurement, and that at the time of filing the amparo the establishment was not operating, so there was no current harm. The Chamber declines to revoke permits, as that is a legality matter, but warns the Ministry of Health to timely follow up on the noise complaint once the plaintiff indicates a time for measurement.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1286361.json", "html_url": "/legal/doc/nexus-sen-1-0007-1286361", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1286361" }, { "id": "nexus-sen-1-0007-1286410", "citation": "Res. 92507-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Admission of unconstitutionality action against amendment to Art. 18 Fisheries Law", "title_es": "Admisión de acción contra reforma al art. 18 de Ley de Pesca y Acuicultura", "summary_en": "The Constitutional Chamber admits for review an unconstitutionality action against the second paragraph of Article 18 of the Fisheries and Aquaculture Law (No. 8436), which regulates exploratory fishing permits. The challenged amendment allows the private sector to commercialize catches obtained under such permits, eliminating previous requirements like an economic guarantee and the obligation to deliver the product to INCOPESCA for commercialization. The claimant argues that the norm, by relaxing restrictions without technical criteria, resurrects practices such as bottom trawling—nationally prohibited—and favors commercial interests over the public interest. Violations of Articles 21, 50, and 74 of the Constitution are alleged: the right to a healthy and ecologically balanced environment, the inviolability of life due to impact on food security, and the inalienability of social justice rights. The Chamber grants a hearing to the Attorney General, the President of INCOPESCA, and the Ministers of Environment and Energy, Agriculture and Livestock, and the Presidency, and orders the publication of notices in the Judicial Bulletin, only suspending the issuance of final rulings in proceedings where the application of the challenged norm is under discussion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1286410.json", "html_url": "/legal/doc/nexus-sen-1-0007-1286410", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1286410" }, { "id": "nexus-sen-1-0007-1286599", "citation": "Res. 10258-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on clandestine dump and charcoal pits in Aserrí", "title_es": "Amparo por botadero clandestino y carboneras en Aserrí", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of San Miguel de Desamparados, El Huazo, against the Municipality of Aserrí and the Ministry of Health for failure to resolve a long-standing problem with a clandestine dump and illegal charcoal production. Petitioners allege inaction by authorities, endangering community health through noise, pest, and odor pollution. The Chamber reviews actions taken by both entities and concludes there has been no unjustified inertia: the Ministry of Health conducted inspections, issued sanitary orders, imposed fines, referred the case to the Administrative Environmental Tribunal, and filed criminal complaints; the Municipality carried out closures, joint inspections, and also filed criminal charges. The Chamber determines the underlying complaint is about failure to perform duties, which must be addressed through criminal or administrative channels, not constitutional, and therefore denies the amparo.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "criminal-environmental" ], "date": "04/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1286599.json", "html_url": "/legal/doc/nexus-sen-1-0007-1286599", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1286599" }, { "id": "nexus-sen-1-0007-1286610", "citation": "Res. 10383-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality's failure to provide congruent response regarding Ipís River protected area information", "title_es": "Falta de respuesta congruente de municipalidad sobre información de área protegida del río Ipís", "summary_en": "The Constitutional Chamber heard an amparo action filed on behalf of a citizen against the Municipality of Vázquez de Coronado. The petitioner alleged that he requested specific information about constructions within the protected area of the Ipís River, including the number of dwellings, exact distances, property numbers, and registered owners, but received no response. The municipality claimed it had responded, but only sent a memo reproducing Articles 33 and 34 of the Forestry Law regarding protected areas and recommending the petitioner obtain an alignment from INVU. The Chamber found the response was not congruent with the request, as it failed to provide the specific information sought and the memo was addressed to the mayor, not the petitioner. With over nine months elapsed without an adequate response, the Chamber granted the amparo for violation of the right to petition and timely response, ordering the municipality to respond congruently within five days and imposing costs, damages, and prejudice.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1286610.json", "html_url": "/legal/doc/nexus-sen-1-0007-1286610", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1286610" }, { "id": "nexus-sen-1-0007-1286620", "citation": "Res. 10673-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance over insufficient works at Quebrada Seca", "title_es": "Inejecución por obras insuficientes en Quebrada Seca", "summary_en": "The Constitutional Chamber hears a non-compliance motion regarding judgment 2024-012565, which ordered compliance with the technical recommendations of CNE report CNE-UlAR-INF-0273-2023 on hydraulic problems on the national road near Quebrada Seca. The petitioner argues that the works carried out are only partial improvements and do not definitively solve the problem. CONAVI reports that, after a technical study by the awarded company, a design including a concrete-lined channel and parallel culverts was approved and is under construction. The Chamber dismisses non-compliance by CONAVI, finding that it is following technical recommendations. However, regarding the Municipality of Garabito, the mayor states that an extraordinary budget of 350 million colones is needed, but almost a year after the judgment, the ordered works have not been executed. The Chamber partially grants the motion, declaring the municipality in contempt, reiterating immediate compliance, and warning that failure to comply will result in certification of the record for criminal proceedings. The motion against CONAVI is rejected.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1286620.json", "html_url": "/legal/doc/nexus-sen-1-0007-1286620", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1286620" }, { "id": "nexus-sen-1-0007-1286637", "citation": "Res. 10847-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed for lack of signature and unmet prevention", "title_es": "Rechazo de amparo por falta de firma y prevención incumplida", "summary_en": "The Constitutional Chamber (Sala Constitucional) dismissed outright an amparo petition filed against the Ministry of Health and the Municipality of Alajuelita. The petitioner complained about a sewage problem affecting her mother's home, alleging environmental contamination and lack of response from the authorities. After noting that the initial filing lacked a proper signature as required by Articles 38 and 42 of the Constitutional Jurisdiction Law, the Court ordered the petitioner to correct this defect and to clarify essential matters, including whether formal complaints had been filed, on what dates, and with what results. The petitioner submitted several additional writings but failed to fully comply: she did not properly sign the petition or provide the detailed information requested. Based on this noncompliance, the Court dismissed the petition outright under Article 42 of the Constitutional Jurisdiction Law, without addressing the merits. The decision is strictly procedural in nature.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "08/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1286637.json", "html_url": "/legal/doc/nexus-sen-1-0007-1286637", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1286637" }, { "id": "nexus-sen-1-0007-1287915", "citation": "Res. 11094-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal Omission in Cleaning Overgrown Lots and Sidewalks", "title_es": "Omisión municipal en limpieza de lotes enmontados y aceras", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Puntarenas for failing to address complaints about overgrown lots and obstructed sidewalks affecting pedestrian mobility and causing litter accumulation and insecurity. The petitioner filed several complaints since August 2022 without an effective response. Upon notification of the amparo, the municipality cleaned the weeds and waste in February 2025, more than two and a half years after the first complaint. The Chamber granted the amparo for violation of the right to a prompt and completed administrative procedure, finding the elapsed time disproportionate. However, by majority vote, it refrained from awarding costs and damages under a restrictive interpretation of Article 52 of the Constitutional Jurisdiction Law. Judges Salazar, Garita, and Garro partially dissented, arguing that abstract condemnation for damages should have been imposed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1287915.json", "html_url": "/legal/doc/nexus-sen-1-0007-1287915", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1287915" }, { "id": "nexus-sen-1-0007-1287927", "citation": "Res. 11143-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal failure to respond regarding sidewalks in lotification", "title_es": "Omisión de respuesta municipal sobre aceras en lotificación", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by an attorney on behalf of an individual against the Municipality of Goicoechea. The claimant argued that on January 27, 2025, he requested information about the status of an administrative procedure for sidewalk construction on a public road, but received no response. The municipality, in its report, stated that there is no urbanization but a lotification called \"Kamir\" in Mata de Plátano district, processed in 2009 as a lot segregation, and that a ruling by the Contentious-Administrative Court had already declared it improper to demand sidewalk construction there. The Chamber found that the municipality's response was only provided in its report to the court, not formally communicated to the claimant, which does not replace the duty to answer directly. Thus, the amparo was granted, ordering the municipality to respond within ten days, with a warning of criminal penalties for non-compliance and an award of costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1287927.json", "html_url": "/legal/doc/nexus-sen-1-0007-1287927", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1287927" }, { "id": "nexus-sen-1-0007-1287932", "citation": "Res. 11168-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to Information on Law 10507 Regulation by Legislator", "title_es": "Acceso a información sobre reglamentación de la Ley 10507 por diputada", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by Congresswoman Kattia Cambronero Aguiluz against the Ministry of Environment and Energy (MINAE) for failure to respond to a request for information on the status of the regulation process for Law No. 10507, the 'Incentive Law for the Protection of Marine-Coastal Biodiversity.' The petitioner sent her request on January 30, 2025, to the Vice-Minister's official email but received no timely reply. The Chamber found that the response was issued on March 20, 2025, after the amparo was notified. Consequently, it granted the amparo, as the information was fully provided, but the claim had already been satisfied. The majority decided not to impose costs, damages, or losses, arguing that the injury did not directly impact a constitutionally protected property right and that the affected party could seek redress in another forum if appropriate. Two partial dissenting votes were issued: Justices Salazar Alvarado and Garita Navarro held that abstract condemnation for costs, damages, and losses was mandatory under a systemic interpretation of Articles 50, 51, and 52 of the Constitutional Jurisdiction Law; Justice Garro Vargas ordered condemnation only for damages and losses, not costs, upholding abstract condemnation to preserve the possibility of a future pecuniary claim.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "10/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1287932.json", "html_url": "/legal/doc/nexus-sen-1-0007-1287932", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1287932" }, { "id": "nexus-sen-1-0007-1288015", "citation": "Res. 11499-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed against construction of new Cartago Hospital in El Guarco", "title_es": "Improcedencia de amparo contra construcción del nuevo Hospital de Cartago en El Guarco", "summary_en": "The Constitutional Chamber flatly dismisses an amparo filed by an individual against the CCSS, the Comptroller General, and the PLN, challenging the location of the new Cartago Hospital in the El Guarco industrial zone. The petitioner alleged risks from nearby chemical factories, a seismic fault, non-compliance with safe hospital policies, access difficulties, and cost overruns. Citing precedents 2024-17598 and 2024-29302, the Chamber reiterates it is not a legality controller and cannot replace the Administration in technical decisions on environmental viability or public works siting. It holds that the claims exceed the summary nature of amparo and must be brought before the administrative-contentious or ordinary jurisdiction, where a full evidentiary process allows detailed examination of technical arguments.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "10/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1288015.json", "html_url": "/legal/doc/nexus-sen-1-0007-1288015", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1288015" }, { "id": "nexus-sen-1-0007-1288043", "citation": "Res. 09098-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality of Buenos Aires Must Investigate and Cease Noise Pollution from Bar", "title_es": "Municipalidad de Buenos Aires debe investigar y cesar contaminación sónica de bar", "summary_en": "The Constitutional Chamber partially granted the amparo remedy filed by neighbors against the Municipality of Buenos Aires and the Ministry of Health regarding noise pollution from the Caliburguer bar and restaurant. The Chamber found that the municipality failed in its duty to monitor the establishment, despite being aware of complaints about excessive noise that affected the health and peace of the petitioners, particularly a 89-year-old elderly woman. Although a noise measurement by the Ministry of Health once showed compliance with legal limits, the municipality's response was deemed insufficient because it merely declined jurisdiction without coordinating effective action. The Chamber ordered the mayor of Buenos Aires, in coordination with the Ministry of Health, to determine whether noise pollution exists and, if so, to take necessary measures to eliminate it. The amparo against the Ministry of Health was dismissed, as the Chamber found the Ministry had handled the complaint within its powers and no further omissions were proven. The ruling emphasizes municipalities' obligation to safeguard a healthy environment in connection with the right to health.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental", "_off-topic" ], "date": "25/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1288043.json", "html_url": "/legal/doc/nexus-sen-1-0007-1288043", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1288043" }, { "id": "nexus-sen-1-0007-1288661", "citation": "Res. 11956-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for gas station concession without inspection and failure to file complaint", "title_es": "Amparo por concesión de gasolinera sin fiscalización y denuncia no planteada", "summary_en": "The Constitutional Chamber reviewed an amparo against the Ministry of Environment and Energy, the Ministry of Health, and the Municipality of Sarchí concerning a gas station operating under a 'renewal' concession that the plaintiff argued should have been a new concession, and located within 100 meters of public gathering places. The Chamber denied the amparo, holding that the plaintiff had not filed a formal complaint with the authorities prior to seeking constitutional relief, which is required for the Chamber to examine the merits, as it cannot substitute for the active administration. Regarding the request for information on the administrative file, the Chamber found that the communication was a mere excitativa rather than a request for information, and that the June 2023 request was not proven. In any event, the Ministry had already initiated a lesividad procedure to review the concession.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1288661.json", "html_url": "/legal/doc/nexus-sen-1-0007-1288661", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1288661" }, { "id": "nexus-sen-1-0007-1288667", "citation": "Res. 11975-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noise pollution from bar and municipal failure to resolve complaint", "title_es": "Contaminación sónica por bar y omisión municipal en resolver denuncia", "summary_en": "The petitioner filed an amparo action against the Municipality of Cartago, the Ministry of Health, and the Ministry of Public Security, alleging that the Bar-Restaurant La Casona de Mau generates noise pollution affecting his family's health and peace, and that the authorities have failed to resolve the problem despite multiple complaints. The Chamber partially granted the appeal only against the Municipality of Cartago, finding that it had not definitively resolved the complaint filed in January 2024 nor communicated the outcome to the complainant, despite more than a year having passed. The mayor was ordered to definitively resolve the complaint within one month and notify the petitioner, with an award of costs. As for the Ministry of Health, it was shown that it addressed the complaint and closed the case because the petitioner stated the noise had ceased after a municipal warning; regarding the Public Force, there was no evidence that the petitioner had filed a formal complaint. The ruling reaffirms the constitutional doctrine on noise pollution as a violation of the right to a healthy environment and health.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1288667.json", "html_url": "/legal/doc/nexus-sen-1-0007-1288667", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1288667" }, { "id": "nexus-sen-1-0007-1288672", "citation": "Res. 11989-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of clarification regarding unreported status in amparo against Municipality of Talamanca", "title_es": "Rechazo de aclaración sobre informe no rendido en amparo contra Municipalidad de Talamanca", "summary_en": "This resolution addresses a request for clarification and rectification filed by the special judicial representative of the Municipality of Talamanca against judgment No. 2025009458, which partially granted an amparo remedy for failure to provide public information. The petitioner argues that the Constitutional Chamber erred in considering the Mayor's report as not submitted, since he acted as a duly authorized judicial representative. The Chamber rejects the request, noting that the initial procedural order explicitly warned that the report had to be submitted personally by the Mayor and not through a representative, thus the non-submission record is justified. It further states there is no obscurity or ambiguity to clarify, and that disagreement with the ruling is not appealable before the constitutional jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1288672.json", "html_url": "/legal/doc/nexus-sen-1-0007-1288672", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1288672" }, { "id": "nexus-sen-1-0007-1288872", "citation": "Res. 11981-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Resident of La Ceiba, Alajuela, filed a complaint regarding flooding affecting neighbors due to the construction of several residential developments, without a response having been provided to date.", "title_es": "Vecino de La Ceiba de Alajuela, presentó una denuncia sobre el problema de inundaciones que les aqueja a los vecinos, por la construcción de varias urbanizaciones, sin que, hasta ahora, se brinde una respuesta.", "summary_en": "The Constitutional Chamber hears an amparo action filed by a resident of La Ceiba, Alajuela, against the Municipality of Alajuela and CONAVI, for failing to provide a definitive solution to complaints of recurrent flooding. The claimant argued that the construction of the Santa Rita development modified the stormwater system by reducing a catch basin, causing water to overflow into homes, exacerbated by earthworks from another project. The Chamber found that although the Municipality forwarded the complaint to CONAVI because it involved a national route, a year and eight months elapsed without an effective response or solution, and the Municipality failed to require permits or hydrological studies from the developer. Consequently, the appeal is granted, and both authorities are ordered to resolve the matter definitively within three months.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1288872.json", "html_url": "/legal/doc/nexus-sen-1-0007-1288872", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1288872" }, { "id": "nexus-sen-1-0007-1288906", "citation": "Res. 11999-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "State Secret in Costa Rica-El Salvador Technical Cooperation Agreement", "title_es": "Secreto de Estado en acuerdo de cooperación técnica Costa Rica-El Salvador", "summary_en": "The Constitutional Court denies a writ of amparo against the declaration of state secret regarding the Technical Cooperation Agreement between Costa Rica and El Salvador. The claimant argued that the President violated press freedom and the right to public information by classifying the agreement as confidential. The Court relies on an identical precedent (ruling 2025009474) and the fact that the claimant never filed a formal information request. It notes that the right of access to administrative information requires a prior request from the interested party that has been denied for the amparo to be admissible. Since no such denial was proven, no violation of fundamental rights can be found. The ruling reiterates the case law requiring exhaustion of the administrative information request before turning to amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1288906.json", "html_url": "/legal/doc/nexus-sen-1-0007-1288906", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1288906" }, { "id": "nexus-sen-1-0007-1288918", "citation": "Res. 12047-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "MINAE's Failure to Protect Finca Lornessa", "title_es": "Incumplimiento del MINAE en protección de Finca Lornessa", "summary_en": "The Constitutional Chamber hears an amparo action filed by a congresswoman against the Ministry of Environment and Energy (MINAE) for the lack of protection and abandonment of the Santa Ana Conservation Center (Finca Lornessa), after its administration was handed over by Fundazoo in May 2024. The petitioner alleges acts of vandalism, fires, water source pollution, and deterioration of the architectural heritage, despite a technical report (IA-023-2024) containing specific conservation recommendations. MINAE defends its actions, pointing to progress in declaring the Lorne Ross Urban Natural Park and other efforts. However, the Chamber finds that more than nine months after the report, the recommendations have not been implemented, and the buildings remain abandoned. Consequently, it grants the amparo, ordering the Acting Minister of Environment and Energy to immediately comply with the recommendations and submit quarterly progress reports, under warning of the sanctions provided in Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1288918.json", "html_url": "/legal/doc/nexus-sen-1-0007-1288918", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1288918" }, { "id": "nexus-sen-1-0007-1288919", "citation": "Res. 11877-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amnesty for wells without technical studies", "title_es": "Amnistía de pozos sin estudios técnicos", "summary_en": "The Constitutional Chamber flatly dismissed a constitutional challenge against Law 10647, \"Amnesty for the registration of unregistered wells and granting of water-use concessions for agricultural production activities.\" The petitioner argued that the law violates the right to water and a healthy environment by omitting technical studies, leaving fragile areas unprotected, and legitimizing irregular groundwater exploitation. He also pointed out that the required pumping test (8 hours) contradicts Regulation 43053-MINAE, which requires up to 24 hours for other uses. The Chamber, however, found that the petition failed to meet multiple formal requirements: it was not authenticated by an attorney, did not establish standing under Article 75 of the Constitutional Jurisdiction Law, and lacked the minimum reasoning that would compare the challenged norms with the constitutional framework. The dissenting votes argued that the petitioner should have been given an opportunity to cure the defects, per Article 80 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1288919.json", "html_url": "/legal/doc/nexus-sen-1-0007-1288919", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1288919" }, { "id": "nexus-sen-1-0007-1289360", "citation": "Res. 12781-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality challenge against the prohibition on parallel databases of the Judiciary", "title_es": "Acción de inconstitucionalidad contra la prohibición de bases de datos paralelas del Poder Judicial", "summary_en": "The Constitutional Chamber summarily dismisses the unconstitutionality action filed against Article 37 of the Judiciary's Data Protection Regulation, which prohibits generating private backups of judicial databases, including building parallel databases using robotic tools or artificial intelligence. The plaintiff argued that the norm exceeds regulatory power, encroaches on the Executive Branch's competencies, and violates the right of access to public information, harming academic research and citizen oversight. Standing was invoked based on diffuse and collective interests. The Chamber finds that the challenged provision is susceptible to individual application and directly affects identifiable persons interested in building parallel databases; therefore, no diffuse interest exists. Collective standing is also dismissed since the plaintiff does not act on behalf of a formally organized group. Consequently, the action is inadmissible for lack of standing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1289360.json", "html_url": "/legal/doc/nexus-sen-1-0007-1289360", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1289360" }, { "id": "nexus-sen-1-0007-1289989", "citation": "Res. 11997-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "MINAE's failure to address environmental complaint regarding Quebrada Los Negritos", "title_es": "Omisión del MINAE en atender denuncia ambiental sobre la Quebrada Los Negritos", "summary_en": "The Constitutional Court reviewed an amparo filed by a neighbor of Montes de Oca against the Ministry of Environment (MINAE) and the Municipality of Montes de Oca. The plaintiff complained about works without permits in the Quebrada Los Negritos, tree felling in linear parks, vegetation removal near the census office, and use of protected areas during the 'caballista' parade. The Court examined each claim and found that the Municipality had permits, the works were flood mitigation measures, and the removal of a hibiscus hedge did not require forestry authorization. However, the Court confirmed that MINAE had not processed the environmental complaint filed by the plaintiff on March 12, 2024 through the SITADA system. The amparo was thus partially granted only against MINAE, ordering it to resolve the complaint within two months.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1289989.json", "html_url": "/legal/doc/nexus-sen-1-0007-1289989", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1289989" }, { "id": "nexus-sen-1-0007-1290033", "citation": "Res. 12496-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of compliance and denial of extension in Coto Brus aqueduct case", "title_es": "Reiteración de cumplimiento y denegatoria de ampliación de plazo en caso de acueducto Coto Brus", "summary_en": "The Constitutional Chamber hears a disobedience claim brought by the petitioner against the Costa Rican Institute of Aqueducts and Sewers (AyA), arguing that more than one year and three months have passed without compliance with judgment No. 2023029820, which ordered the Coto Brus Aqueduct Improvement Project to be operational within nine months. AyA, on the other hand, requests an extension of the deadline until the third quarter of 2029, citing the project's high complexity, including environmental viability procedures, channel works permits, declaration of national convenience, SINAC approval, land acquisition, and financing. The Chamber finds that, despite reported progress, the underlying problem has not been definitively resolved. It considers the extension request disproportionate —it would entail an extension of approximately five years and three months to the original deadline— and notes it was filed when the original deadline had already expired by more than six months. Consequently, the disobedience claim is upheld, immediate compliance is reiterated, and the extension request is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "29/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1290033.json", "html_url": "/legal/doc/nexus-sen-1-0007-1290033", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1290033" }, { "id": "nexus-sen-1-0007-1290044", "citation": "Res. 12552-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Summary dismissal for failure to comply with preliminary order in amparo concerning public space", "title_es": "Rechazo de plano por incumplir prevención en amparo sobre espacio público", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Goicoechea filed by a resident who claims that a public space used as sports fields for over 40 years is being affected. According to the petitioner, the municipality intends to build bathrooms and fixed facilities without consultation or information to the community, which would reduce the visual and environmental connection of the area. The Chamber issued a preliminary order requiring the petitioner to clarify whether prior formal requests had been made, to provide evidence, to state if the action was brought on behalf of others, and to submit additional proof, under warning of dismissal. The order was notified on April 15, 2025. After the deadline expired without any response, the Chamber summarily dismisses the action pursuant to Article 42 of the Constitutional Jurisdiction Law, while preserving the possibility of a new filing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1290044.json", "html_url": "/legal/doc/nexus-sen-1-0007-1290044", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1290044" }, { "id": "nexus-sen-1-0007-1290110", "citation": "Res. 12978-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Environmental Delay by Administrative Environmental Tribunal", "title_es": "Amparo ambiental por mora del Tribunal Ambiental Administrativo", "summary_en": "The Constitutional Chamber granted an amparo action filed by a citizen against the Administrative Environmental Tribunal (TAA) for delay in resolving an environmental complaint filed on January 15, 2025. The complaint reported illegal activities on a property in Bahía Ballena, Osa, including unauthorized tree felling, construction without permits, earthworks, and illicit use of public waters. Despite being registered as case 019-25-01-TAA and an initial analysis on February 17, the TAA had issued no substantive resolution nor ruled on the requested precautionary measure by the time the amparo was filed on March 27, 2025. An on-site inspection was scheduled over four months after the complaint, exceeding the 60-day term under Article 110 of the Environmental Law. The Chamber found the delay violated the right to a prompt and complete administrative procedure (Article 41 of the Constitution) and effective protection of the right to a healthy environment (Article 50). It ordered the TAA to issue a final resolution within two months, warning of criminal liability for disobedience, and ordered the State to pay costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "02/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1290110.json", "html_url": "/legal/doc/nexus-sen-1-0007-1290110", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1290110" }, { "id": "nexus-sen-1-0007-1290278", "citation": "Res. 12770-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Lifting of sanitary orders due to chlorothalonil in springs of Cartago", "title_es": "Levantamiento de órdenes sanitarias por clorotalonil en nacientes de Cartago", "summary_en": "The Constitutional Chamber grants a disobedience motion filed by residents of Cipreses de Oreamuno, who claim that health and water authorities failed to comply with a previous ruling ordering a comprehensive solution to chlorothalonil metabolite contamination in the Plantón and Carlos Calvo springs. The Chamber finds that, despite the 2023 ban of the pesticide, 2024 sampling shows metabolite concentrations still exceed the maximum allowable value of 0.1 μg/L set by the Drinking Water Quality Regulation. The Ministry of Health lifted the sanitary orders based on Risk-Adjusted Maximum Allowable Values (VMAAR), a criterion not provided for in current regulations. The Chamber concludes this constitutes non-compliance, as the persistence of contamination required maintaining protective measures. It therefore orders immediate compliance with the original ruling, restoring drinking water supply through alternative means and taking all necessary actions for a definitive solution.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "30/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1290278.json", "html_url": "/legal/doc/nexus-sen-1-0007-1290278", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1290278" }, { "id": "nexus-sen-1-0007-1290281", "citation": "Res. 12852-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Homologation of health registrations and the right to health", "title_es": "Homologación de registros sanitarios y derecho a la salud", "summary_en": "The Constitutional Chamber heard an amparo brought by the Federation of Non-Governmental Organizations of Patients of Costa Rica against the Ministry of Health, challenging Executive Decree No. 43950-S. The decree established an abbreviated procedure for the homologation or recognition of drug health registrations granted by regulatory authorities that are members of the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use (ICH). The petitioner argued that the regulation violated the right to health by allowing drug registration through affidavit and exempting the Ministry of Health from conducting a prior technical assessment of quality, safety, and efficacy. The Chamber, relying on the unconstitutionality of the decree previously declared in case 22-026589-0007-CO, granted the amparo. It held that the formal simplification of the registration process cannot take precedence over the protection of the rights to life and health, as an affidavit is insufficient to replace the technical stages of the registration procedure. The Court ordered the State to pay costs and damages. Justice Garro Vargas and Justice Rueda Leal filed dissenting opinions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1290281.json", "html_url": "/legal/doc/nexus-sen-1-0007-1290281", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1290281" }, { "id": "nexus-sen-1-0007-1290289", "citation": "Res. 12873-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Restaurant in maritime zone pollutes the sea", "title_es": "Restaurante en zona marítima contamina el mar", "summary_en": "The Constitutional Chamber denied an amparo action brought by a resident of the Lepanto District, Puntarenas, against the Ministry of Health and the Lepanto District Council. The petitioner claimed that a seafood restaurant located in the maritime-terrestrial zone was dumping food waste and fecal matter into the sea, harming the health of neighbors and the environment. The Chamber held that the petitioner had not filed a formal prior complaint with the respondent authorities, a requirement under its case law for this type of environmental amparo. However, it found that the Ministry of Health had already conducted inspections of the premises since September 2024 and, prompted by the amparo, performed a third inspection confirming the direct discharge of wastewater into the sea. Consequently, on January 29, 2025, the Ministry of Health ordered the closure of the establishment. The Chamber urged the respondent authorities to take the necessary measures to safeguard the right to health and to a healthy and ecologically balanced environment in the area.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "02/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1290289.json", "html_url": "/legal/doc/nexus-sen-1-0007-1290289", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1290289" }, { "id": "nexus-sen-1-0007-1290701", "citation": "Res. 12886-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Violation of the right to access a file by the Pavas Health Directorate", "title_es": "Violación del derecho de acceso al expediente por el Área Rectora de Salud de Pavas", "summary_en": "The Constitutional Chamber hears an amparo filed by a neighbor against the Ministry of Health and the Municipality of San José. The petitioner claims that the Ministry of Health granted a health operating permit to a scrapyard in a residential area of Pavas, causing traffic issues, noise, bad odors, and spills of hazardous liquids. He also alleges that he has not received a response to his complaints and requests for information. The Chamber finds no violation by the Municipality, which conducted multiple inspections and closures, promptly informing the petitioner. Regarding the Ministry of Health, the Chamber dismisses the claim of violation of the right to prompt administrative justice concerning the permit, since the authority verified compliance and the petitioner cannot challenge the permit’s correctness through this remedy. The failure to answer a request for a hearing does not constitute a violation of the right to petition. However, the Chamber partially grants the amparo for violation of the right of access to the file: the petitioner requested a digital copy of the file in April 2024, and the Health Directorate did not provide it until March 25, 2025, without sufficient justification, infringing the right to obtain information and copies of the proceedings. The majority does not award costs, damages, or losses; dissenting opinions would order them.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1290701.json", "html_url": "/legal/doc/nexus-sen-1-0007-1290701", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1290701" }, { "id": "nexus-sen-1-0007-1290725", "citation": "Res. 13094-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo Dismissal for Failure to Comply with Prevention Order in Biological Corridor Environmental Damage Case", "title_es": "Rechazo de amparo por incumplimiento de prevención en caso de daño ambiental en corredor biológico", "summary_en": "The Constitutional Chamber summarily dismissed an amparo action filed by a citizen against the Ministry of Environment and Energy (MINAE) for the alleged failure to protect the Volcánica Central Talamanca Biological Corridor, due to unauthorized interventions with heavy machinery on tertiary national route 408, adjacent to Tapantí National Park. The petitioner argued that road abandonment led to forest expansion and de facto reclassification of the road as a trail, and that private works without SINAC permits caused environmental damage. However, the Chamber issued a prevention order requiring information on prior formal actions before the competent authorities. Since the petitioner failed to comply within the deadline, the amparo was dismissed based on Article 42 of the Constitutional Jurisdiction Law, without addressing the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "biological-corridors", "procedural-environmental" ], "date": "02/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1290725.json", "html_url": "/legal/doc/nexus-sen-1-0007-1290725", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1290725" }, { "id": "nexus-sen-1-0007-1290860", "citation": "Res. 13579-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to drinking water in Río Frío de Horquetas", "title_es": "Acceso al agua potable en Río Frío de Horquetas", "summary_en": "The Constitutional Chamber granted an amparo action filed by residents of Río Frío, Horquetas de Sarapiquí, Heredia, who reported a lack of drinking water supply. The Chamber found that, although a project to provide the service was under way, it had stalled due to the ASADA's technical and financial inability to complete the remaining stages. It determined that the Costa Rican Institute of Aqueducts and Sewers (ICAA), as the governing body, had failed in its oversight duties. The ruling ordered the immediate execution of a remedial plan to supply drinking water to the community and the completion of the project within a maximum of twelve months, with a warning of criminal liability for non-compliance.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1290860.json", "html_url": "/legal/doc/nexus-sen-1-0007-1290860", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1290860" }, { "id": "nexus-sen-1-0007-1290863", "citation": "Res. 13562-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Compliance with health order for sewage leak", "title_es": "Cumplimiento de orden sanitaria por fuga de aguas negras", "summary_en": "The Constitutional Chamber reviews an amparo concerning a sewage leak in front of the petitioner's home in San Francisco de Dos Ríos. The petitioner filed complaints against the AyA and the Municipality of San José for failing to resolve the issue, and against the Ministry of Health for inaction. During the proceedings, the Ministry of Health issued a health order requiring the AyA to perform maintenance and possible repair works on the water infrastructure. The Chamber held that it is not its role to determine the technical origin of the leak; rather, the Ministry of Health is the competent authority to order the responsible institution to act. Since the Ministry had already ordered the AyA, the amparo is partially granted against the AyA, ordering it to comply with the health order within the specified timeframe. The claims against the Ministry of Health and the Municipality are dismissed. One judge issues a separate opinion noting that while matters involving prior administrative action normally fall under the contentious-administrative jurisdiction, here it is appropriate to proceed because the pollution source implicates rights to health and a healthy environment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1290863.json", "html_url": "/legal/doc/nexus-sen-1-0007-1290863", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1290863" }, { "id": "nexus-sen-1-0007-1291013", "citation": "Res. 13547-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noncompliance with amparo ruling on flooding", "title_es": "Incumplimiento de sentencia de amparo por inundaciones", "summary_en": "The Constitutional Chamber rejects a noncompliance claim filed by a resident of La Colonia de Pococí, who argued that CONAVI and the Municipality of Pococí had failed to execute the order to resolve the overflow of stormwater and sewage, issued in a previous ruling of the same Chamber. The court clarifies that in this specific file (24-018619-0007-CO) no direct order was issued; instead, it referred to what was already decided in another case (24-019296-0007-CO), where the obligation to coordinate was imposed on those entities. Consequently, the noncompliance claim must be processed within that other case. The ruling reiterates that the six-month deadline granted in that judgment to fix the sewer blockage is still in effect, and that the claimants must abide by what was ordered therein. The Chamber does not rule on the merits of the pollution or alleged damages, limiting itself to the procedural aspect of the enforcement incident.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291013.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291013", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291013" }, { "id": "nexus-sen-1-0007-1291018", "citation": "Res. 13565-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC Denies Logging Reports Due to Active Criminal Investigation", "title_es": "SINAC niega informes de tala por investigación penal activa", "summary_en": "The Constitutional Chamber denied an amparo appeal against the National System of Conservation Areas (SINAC) for refusing access to technical reports on logging and land-use change in the Gandoca Manzanillo National Wildlife Refuge. The plaintiff requested copies of those reports, but SINAC refused based on Article 295 of the Criminal Procedure Code, since the documents had been sent to the Public Prosecutor's Office as part of an investigation into environmental crimes. The Chamber found the refusal justified and temporary, as the information was part of an active criminal process and its disclosure could affect judicial proceedings. It also reiterated that the right of access to environmental information is not absolute and must yield to the proper administration of justice, in accordance with the Aarhus Convention and its own case law. The court stated that once the criminal investigation phase is concluded, the applicant could again request delivery of the information.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291018.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291018", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291018" }, { "id": "nexus-sen-1-0007-1291021", "citation": "Res. 13587-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ministry of Health’s delay in resolving illegal open‑air dump complaint", "title_es": "Retraso del Ministerio de Salud en resolver denuncia por botadero a cielo abierto", "summary_en": "The Constitutional Chamber reviews an amparo action against the Ministry of Health for failing to resolve an environmental complaint filed in November 2024 regarding a clandestine open‑air dump at the former Comag quarry in Pavas. The complainant alleged contamination of soil, water, air, and landscape, and that the Pavas Health Area, after assuming jurisdiction, merely escalated the matter to higher levels without a substantive response. The Chamber found that while the Ministry conducted inspections, inter‑institutional meetings, and coordination with INCOFER, the Municipality of San José, and other entities, it neither decided the complaint nor notified the petitioner. The court reiterates that although complaints lack a statutory deadline, the administration must process them without undue delay. It finds a violation of the right to a timely response, grants the amparo, orders a decision within two months, warns of criminal liability for non‑compliance, and awards costs against the State.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291021.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291021", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291021" }, { "id": "nexus-sen-1-0007-1291023", "citation": "Res. 13603-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on the Right to Petition Regarding Communal Facilities in Santa Ana", "title_es": "Amparo sobre derecho de petición en facilidades comunales de Santa Ana", "summary_en": "The Constitutional Chamber heard an amparo filed by the Neighbors' Association of Bosques de Santa Ana (ASOBOSQUES) against the Municipal Council of Santa Ana, the Cantonal Sports and Recreation Committee (CCDR), and the Legal Advisory Office of the municipality. The petitioner alleged a failure to respond to several communications submitted between September 2024 and February 2025, requesting a legal opinion on the nature and use of communal facility lands and a park within the development, as well as reprimands against the CCDR. The Chamber applied its settled case law holding that the right to petition does not protect requests for legal opinions or exhortations, but only requests for information or pure and simple petitions. It therefore denied the amparo regarding the request for a legal opinion and the exhortations. However, it partially granted the remedy concerning the Municipal Council's failure to report on the status of compliance with internal referrals, ordering the Council, within three days, to address that point and notify the petitioner. It awarded costs against the Municipality.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291023.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291023", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291023" }, { "id": "nexus-sen-1-0007-1291056", "citation": "Res. 13819-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reasonable Time to Resolve Environmental Complaint Before TAA", "title_es": "Plazo razonable para resolver denuncia ambiental ante el TAA", "summary_en": "The Constitutional Chamber reviews an amparo appeal against the Administrative Environmental Tribunal (TAA) for failing to issue a final decision on an environmental complaint filed by a private individual against Klamath S.R.L. for alleged violations of the Forestry Law (land-use change, tree felling, road construction) in Bahía Ballena, Osa. The appellant claims a violation of the right to a prompt and complete administrative procedure (Article 41 of the Constitution), arguing that between the complaint's filing in November 2024 and the amparo's filing in April 2025, the TAA only issued formal orders to clarify coordinates and property registrations but did not resolve the merits. The Chamber finds the five-month delay unjustified, as after the first order was responded to in February 2025, the TAA took no substantial action until notified of the amparo. The appeal is granted; the TAA is ordered to finally decide the complaint within one month after the second order is fulfilled, without undue delay, under penalty of disobedience.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291056.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291056", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291056" }, { "id": "nexus-sen-1-0007-1291136", "citation": "Res. 07635-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of Article 1 of the Self-Employed Workers Affiliation Regulation", "title_es": "Constitucionalidad del artículo 1 del Reglamento de Afiliación de Trabajadores Independientes", "summary_en": "The Constitutional Chamber dismisses on the merits an unconstitutionality action against Article 1 of the CCSS's Self-Employed Workers Affiliation Regulation, filed by the Association Chamber of Real Estate Owners. The plaintiff alleged that the norm violated Articles 33, 46, and 56 of the Political Constitution, as well as the principles of legal reserve and prohibition of arbitrariness, by classifying rental property owners as self-employed workers. The Chamber, relying on extensive jurisprudence, reaffirms that the CCSS, by virtue of its constitutional autonomy of government (Article 73), has regulatory power to define entry into social security schemes, including the mandatory affiliation of self-employed workers. The matter had already been decided in a prior case (18-004106-0007-CO) with identical grievances, so this action is dismissed on the merits, concluding that there is no violation of the principle of legal reserve or the constitutional rights invoked, and that the contributions are parafiscal charges of constitutional origin.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291136.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291136", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291136" }, { "id": "nexus-sen-1-0007-1291262", "citation": "Res. 14370-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of action against Article 1 of the Law against Organized Crime", "title_es": "Rechazo de acción contra el artículo 1° de la Ley contra la Delincuencia Organizada", "summary_en": "The Constitutional Chamber summarily rejected an unconstitutionality action filed against Article 1 of the Law against Organized Crime (No. 8754). The petitioner, defense counsel in a criminal case for offense against public health, argued that the ambiguous wording—defining «structured group», «certain time» and «concertedly»—allowed indiscriminate application, equating organized crime with illicit association and co-authorship, violating human and constitutional rights. The Chamber found the action inadmissible on multiple grounds: the petitioner failed to show he had raised the unconstitutionality in the underlying case, the diffuse-interest standing was improper because the conflict is individualizable, and the claim showed indeterminacy of its object and mere disagreement with the applicable law. The majority held that interpretive objections should be resolved by the ordinary criminal jurisdiction. Judge Rueda dissented, considering the summary rejection premature and ordering a prevention order under Article 80 of the Constitutional Jurisdiction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291262.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291262", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291262" }, { "id": "nexus-sen-1-0007-1291282", "citation": "Res. 14379-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to update water source registries in Naranjo violates right to healthy environment", "title_es": "Omisión en actualización de registros de fuentes de agua en Naranjo vulnera derecho a ambiente sano", "summary_en": "The Constitutional Chamber granted an amparo filed by the Federation of Community Aqueducts of the El Chayote Protected Zone (FEDAPRO) against the Costa Rican Institute of Aqueducts and Sewers (AyA) and the Ministry of Environment and Energy (MINAE). The petitioner reported serious inconsistencies in the official water source registries of the canton of Naranjo: at least 122 springs mistakenly classified as rivers or streams and multiple georeferencing errors. These flaws may improperly reduce legal protection areas, expose flows to unregulated intakes, and leave sensitive ecosystems unprotected, jeopardizing the drinking water supply for thousands of people. The Chamber found that, despite repeated requests since May 2022, AyA failed to respond timely to the Water Directorate, and the latter, hiding behind administrative formalism, did not correct the records without AyA's official confirmation. The ruling labels this paralysis as institutional inaction incompatible with the precautionary and prevention principles, and orders within six months the verification and rectification of data, submission of a detailed report, and the design of a public schedule for updating national registries with participation of the ASADAS.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental", "art-50-constitution" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291282.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291282", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291282" }, { "id": "nexus-sen-1-0007-1291296", "citation": "Res. 14376-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Compliance with amparo order on Fipronil and pollinators", "title_es": "Cumplimiento de orden de amparo sobre Fipronil y polinizadores", "summary_en": "This interlocutory ruling by the Constitutional Chamber addresses a post-judgment compliance motion filed by the petitioner in amparo docket 21-016578-0007-CO, which originally ordered the Costa Rican State to study the impact of the pesticide Fipronil on bees and other pollinators. The petitioner alleges flagrant non-compliance because, although executive decrees were issued banning professional use and restricting veterinary use of Fipronil, the respondent authorities have not issued the decree for the gradual ban on agricultural use within the self-imposed timelines. The Chamber denies the motion, reiterating that the original order — to complete technical studies and issue a report with measures and timelines — was already fully complied with, as found in previous resolutions. The substantive implementation of the recommended decrees and measures lies beyond the scope of the sentence’s enforcement phase, so the petitioner’s grievances cannot be addressed through this procedural avenue.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291296.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291296", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291296" }, { "id": "nexus-sen-1-0007-1291303", "citation": "Res. 14418-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Partial denial of access to information on Moín aquifer by AyA", "title_es": "Acceso a información sobre acuífero de Moín parcialmente denegado por AyA", "summary_en": "The Constitutional Chamber reviews an amparo action filed by a construction company against the Costa Rican Institute of Aqueducts and Sewers (AyA), alleging violation of the right of access to public information and the right to petition. The company submitted 17 questions about conditions, rules, and requirements in the so-called Zone 6 of the Moín aquifer, as well as requests for copies of reports and files. AyA partially answered, arguing that some information is private or held by other institutions. The Chamber examines each question and finds that most responses were adequate or that claims were generic or hypothetical. However, it partially grants the amparo on three points: the inventory of properties in the zone (question 2), the list of companies operating there and requirements (question 16), and the vulnerability classification of a specific property under the zoning plan (question 17). It orders AyA to provide a complete response within five days and imposes costs. One magistrate dissents, arguing that legal persons are not holders of fundamental rights under the Inter-American system.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291303.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291303", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291303" }, { "id": "nexus-sen-1-0007-1291313", "citation": "Res. 14498-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Usurpation of municipal land and failure to recover not subject to amparo", "title_es": "Usurpación de terreno municipal y omisión en la recuperación no son amparables", "summary_en": "The Constitutional Chamber flatly rejects an amparo petition filed against the Municipality of Goicoechea for the alleged failure to address a complaint about the usurpation of a municipal lot and to recover said property. The petitioner claimed that a neighbor had illegally taken over an adjacent municipal lot, using it as a yard and storage area, and that the municipality had not acted despite the complaint. She also complained about fill in a protected area that was under criminal investigation. The Chamber holds that it is not its role to substitute the municipality in determining ownership of the property or in recovering the land. Any undue delay in resolving the administrative complaint must be raised before the administrative contentious jurisdiction, which provides swift and effective mechanisms for protecting substantive legal positions. Regarding the criminal case, the Chamber states that it cannot replace the criminal jurisdiction or act as an appellate body. The petition is rejected as manifestly inadmissible, with a separate note by Justice Castillo Víquez on the Chamber's competence regarding prompt administrative justice, and a dissenting vote by Justice Cruz Castro, who argues that administrative delay can harm fundamental rights and should be heard by the Chamber.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291313.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291313", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291313" }, { "id": "nexus-sen-1-0007-1291319", "citation": "Res. 14545-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Condominium Connection to Cantonal Sewer System", "title_es": "Conexión de condominio a alcantarillado cantonal", "summary_en": "The Constitutional Chamber declares inadmissible an amparo remedy against the Heredia Public Services Company (ESPH), which denied connection of the Avicenia Condominium to the cantonal sanitary sewer system. The petitioners, owners in that condominium, argued that the existing septic tanks failed, causing damage and contamination, and that the Ministry of Health issued sanitary orders. They alleged violation of the rights to property and a healthy environment. The ESPH based its refusal on technical and legal limitations: the sewer does not yet cover the area; a major sanitation project is in the financing stage; and regulations require condominiums to have their own treatment systems, with owners responsible for maintenance. The Chamber finds that the decision is not arbitrary but based on technical and legal grounds, and that it is not its role to review the ordinary legality of that determination; therefore, the amparo is inadmissible and must be pursued through ordinary administrative or judicial channels.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291319.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291319", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291319" }, { "id": "nexus-sen-1-0007-1291320", "citation": "Res. 14564-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality of Pococí must provide waste collection service in Los Lagos", "title_es": "Municipalidad de Pococí debe prestar servicio de recolección de basura en Los Lagos", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Pococí, filed by a resident of the Los Lagos community in the Roxana district. The petitioner claims the municipality does not provide ordinary solid waste collection in the community, despite a formal request made in October 2024. The municipality responded negatively in December 2024, citing budgetary constraints and progressive coverage. Applying its settled case law on the fundamental right to efficient public services and the constitutional duty of municipalities under Article 169 of the Political Constitution, the Chamber finds that the omission violates the right to health and to a healthy and ecologically balanced environment. The municipality breached its obligations by failing to provide continuous, regular, prompt, effective, and efficient service. The Chamber grants the amparo, ordering municipal authorities to coordinate and take all necessary steps to ensure periodic and continuous solid waste collection in Los Lagos within a maximum of four months, and awards costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1291320.json", "html_url": "/legal/doc/nexus-sen-1-0007-1291320", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1291320" }, { "id": "nexus-sen-1-0007-1292100", "citation": "Res. 14609-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "AyA's late response to request on Upala wastewater does not violate right of petition", "title_es": "Respuesta tardía del AyA a gestión sobre aguas residuales en Upala no lesiona derecho de petición", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a legislator against AyA for failing to respond to an information request regarding wastewater management in Don Chu housing development, Upala, where neighbor complaints about a decade of pollution from discharges into public ditches were reported. The petitioner alleged violation of her rights to petition and access to public information. AyA stated that an advisor to the legislator sent an email asking to disregard the original request, causing confusion and delay, but had formally replied on May 2, 2025. The Chamber found that a response was issued, albeit beyond the ten-day constitutional deadline, and that the delay was partly due to confusing actions by the petitioner’s own office, not an absolute omission. It dismissed the appeal for lack of current injury, and also rejected the request to order an update of the Upala Water and Sanitation Master Plan as not amenable to amparo relief.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1292100.json", "html_url": "/legal/doc/nexus-sen-1-0007-1292100", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1292100" }, { "id": "nexus-sen-1-0007-1292120", "citation": "Res. 14487-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Severance of filing for non-compliance proceedings in illegal dump case", "title_es": "Desglose de escrito para gestión de desobediencia en caso de botadero ilegal", "summary_en": "The Constitutional Chamber resolves an amparo action filed against the Ministry of Health, the Municipality of San José, and MINAE for alleged inaction regarding pollution from an illegal dump at Tajo COMAG and the CBZ asphalt plant in Pavas. The petitioner claims a violation of the right to a healthy environment. However, the Chamber finds that the same matter was already heard and decided in vote 2020-18319, which partially granted the amparo and ordered the Ministry of Health and the Municipality to resolve the complaint within 18 months. Since the new action concerns the same facts, the Chamber orders the severance of the petitioner's brief so that it is processed as a non-compliance proceeding against the earlier judgment, rather than opening a new case. The current file is archived.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1292120.json", "html_url": "/legal/doc/nexus-sen-1-0007-1292120", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1292120" }, { "id": "nexus-sen-1-0007-1292129", "citation": "Res. 14559-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "MOPT's failure to inform citizen of the summary demolition process for dangerous trees before Agrarian Court", "title_es": "Omisión del MOPT de informar vía sumario de derribo ante Juzgado Agrario para corta de árboles peligrosos", "summary_en": "The Constitutional Court partially granted an amparo against the Ministry of Public Works and Transport (MOPT) for its failure to effectively respond to a request, pending since 2022, to cut down four large, dead eucalyptus trees that threatened the petitioner's home and safety in San Rafael de Alajuela. The Court granted the amparo solely due to the authorities' omission to timely inform the petitioner of the proper legal avenue: the summary demolition process (sumario de derribo) before the Agrarian Court, pursuant to Article 108 of the Civil Procedure Code. The Court emphasized that the final determination of whether a tree poses a danger and whether cutting or pruning is warranted lies with the agrarian jurisdiction, not with the administrative authorities or the Constitutional Court. The amparo was denied on the merits, rejecting the request that the Court directly order the tree cutting, as that is a matter of ordinary legality beyond its purview. The majority of the Court did not impose costs, damages, or losses, though two judges partially dissented, arguing that any violation of fundamental rights must entail liability in the abstract, even when the violation ceases due to the respondent authority's action during the amparo proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1292129.json", "html_url": "/legal/doc/nexus-sen-1-0007-1292129", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1292129" }, { "id": "nexus-sen-1-0007-1292143", "citation": "Res. 14982-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of environmental amparo for failure to file prior complaint", "title_es": "Inadmisibilidad de amparo ambiental por falta de denuncia previa", "summary_en": "The Constitutional Chamber flatly rejects an amparo action filed against a private university for alleged environmental and noise pollution arising from the demolition and construction of its building. The petitioner claimed harm to health, the environment, and property, invoking Article 50 of the Constitution. However, the Chamber finds that amparo is not the proper avenue for channeling environmental complaints, as it would require complex evidentiary proceedings incompatible with its summary nature and would entail replacing the active administration. The petitioner had not filed any formal complaint with the competent authorities, a requirement the Chamber imposes to avoid acting as a mere processing instance. Furthermore, since the action is directed against a private law subject for alleged construction irregularities, the prerequisites of Article 57 of the Constitutional Jurisdiction Law are not met. The Chamber declares the amparo inadmissible and directs the petitioner to resort to the appropriate administrative or judicial channels.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "20/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1292143.json", "html_url": "/legal/doc/nexus-sen-1-0007-1292143", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1292143" }, { "id": "nexus-sen-1-0007-1292162", "citation": "Res. 15118-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against great-tailed grackle for failure to file prior complaint", "title_es": "Inadmisibilidad del amparo contra el zanate por no plantear denuncia previa", "summary_en": "The Constitutional Chamber declares inadmissible an amparo action filed by a citizen against the Ministry of Agriculture and Livestock. The petitioner complained about the proliferation of the great-tailed grackle (\"zanate\"), which he blamed for the decline of other bird species, reptiles, and invertebrates, as well as damage to crops, contamination of water sources, and public health issues. He requested urgent measures to eliminate grackle nests and eggs in public and private areas. The Chamber reasons that amparo is not the appropriate channel for generic environmental complaints, as it would require complex evidentiary proceedings incompatible with its summary nature and would substitute the active Administration. Since the petitioner had not filed any prior complaint with the competent authorities, the appeal is rejected outright, without prejudice to his right to resort to the appropriate administrative or judicial instances.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1292162.json", "html_url": "/legal/doc/nexus-sen-1-0007-1292162", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1292162" }, { "id": "nexus-sen-1-0007-1292299", "citation": "Res. 08765-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo appeal for water shortage due to neighbor dispute", "title_es": "Recurso de amparo por falta de agua por conflicto entre vecinos", "summary_en": "The Constitutional Chamber hears an amparo action filed by an elderly person with a disability against the Costa Rican Institute of Aqueducts and Sewers (AyA). The appellant claims that since December 2023 she has been without drinking water service because a neighbor, who had previously irregularly allowed her to use a water connection registered in the neighbor's name, cut off the supply. The appellant requested AyA to relocate the meter to prevent further tampering, but the institution did not resolve her request to her satisfaction. The Chamber finds that the disputed water service (NIS 5495813) never legally belonged to the appellant, but to the neighbor, who was the registered owner. AyA had reversed a name change made in error. Furthermore, the appellant has not formally applied for a new water availability service. The Chamber concludes that the water shortage stems from a private dispute and not from any action or omission attributable to AyA, and therefore dismisses the appeal, finding no violation of fundamental rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1292299.json", "html_url": "/legal/doc/nexus-sen-1-0007-1292299", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1292299" }, { "id": "nexus-sen-1-0007-1292481", "citation": "Res. 05710-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to answer complaints and requests regarding San Rafael quarry exploitation", "title_es": "Falta de respuesta a denuncias y solicitudes sobre explotación de cantera San Rafael", "summary_en": "The Constitutional Chamber adjudicates a writ of amparo alleging violation of the right to petition and timely response. Petitioners, residents of La Unión, challenge the operation of Tajo San Rafael, run by Hacienda San Rafael HSR S.A., citing irregularities in the mining concession and municipal license. On January 9, 2024, they filed an information request with the La Unión Regional Health Directorate, and complaints with the Geology and Mines Directorate of MINAE and the La Unión Municipal Council. The Chamber finds that the Geology and Mines Directorate failed to prove it responded to the complaint within a reasonable time, breaching Article 41 of the Constitution (prompt justice). The Health Directorate also failed to answer the information request within the ten-day period established for pure petitions, violating Article 27. As to the Municipal Council, although an official communication was issued, the response was not congruent with all the petitioners' claims. The Chamber clarifies that it cannot review the legality of the substantive administrative acts (concession, license, land use), which falls within the jurisdiction of the administrative courts. The amparo is granted, and the respondent authorities are ordered to resolve and notify within strict deadlines. Justices Castillo Víquez and Cruz Castro issue separate opinions on jurisdiction over administrative delay.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1292481.json", "html_url": "/legal/doc/nexus-sen-1-0007-1292481", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1292481" }, { "id": "nexus-sen-1-0007-1292490", "citation": "Res. 09097-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline for sewage treatment in La Unión denied", "title_es": "Improcedencia de ampliación de plazo para saneamiento de aguas residuales en La Unión", "summary_en": "The Constitutional Chamber rules on a new request by the Municipality of La Unión for an extension of the deadline to comply with ruling No. 2021-018448, which granted an amparo due to pollution caused by wastewater in the canton. The original ruling ordered immediate measures to mitigate pollution and a definitive solution within 24 months, later extended by 12 additional months. The municipal authorities now request 36 more months, citing progress in studies, designs, permits, and fundraising from entities like INDER, IDB, BCIE, among others, to build a treatment plant. The Chamber denies the request, as extending a deadline originally set for an immediate order is improper. It also reiterates that deadlines of such magnitude are unreasonable and disproportionate, considering the problem was reported in 2016 and the lack of a solution violates fundamental rights to a healthy environment and health.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1292490.json", "html_url": "/legal/doc/nexus-sen-1-0007-1292490", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1292490" }, { "id": "nexus-sen-1-0007-1292639", "citation": "Res. 15243-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Hourly limit for chemical regents declared unconstitutional", "title_es": "Límite de horas de regencia química declarado inconstitucional", "summary_en": "The Constitutional Chamber heard an amparo action against the Costa Rican Chemists' Association for limiting a chemist's external regency hours based on Article 28 of Executive Decree No. 34699-MINAE-S. The plaintiff, a regent for eleven companies totaling 58 hours, received an official communication demanding a reduction to 50 hours within three months. The Chamber linked this amparo to an unconstitutionality claim (case 22-22922-0007-CO), in which Article 28 was declared unconstitutional for violating the legal reservation principle (Constitution Articles 56 and 28) by imposing limits on professional work and contracting freedom through a decree without sufficient legal basis. The lack of temporal definition (weekly, monthly) was also struck down for imprecision. The Chamber granted the amparo, annulled communication CQCR-FIS-2022-051 and its consequences, and ordered the Association to pay damages and refrain from repeating the conduct.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1292639.json", "html_url": "/legal/doc/nexus-sen-1-0007-1292639", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1292639" }, { "id": "nexus-sen-1-0007-1293033", "citation": "Res. 14901-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with amparo ruling on contamination in San Pablo de Barva", "title_es": "Incumplimiento de amparo sobre contaminación en San Pablo de Barva", "summary_en": "The Constitutional Chamber addresses a non-compliance proceeding regarding the amparo judgment No. 2023031213, which ordered the Municipality of Barva and the Ministry of Health to remedy the problem of sewage discharge and contamination reported by the claimant in San Pablo de Barva. The original judgment gave three months to coordinate actions and resolve the problem. In this ruling, the Chamber finds that, although the authorities have made progress (92% of the tributary area inspected, 22 dye tests conducted), some households remain unverified and others have pending sanitary orders, so the environmental and public health damage persists. The Chamber reiterates the order for immediate compliance and warns the officials that failure to comply will result in certification of records to the Public Prosecutor's Office for disobedience. The case reflects delays in inter-institutional coordination and municipal budget constraints, but the Chamber stresses that health and a healthy environment are fundamental rights whose protection cannot be delayed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1293033.json", "html_url": "/legal/doc/nexus-sen-1-0007-1293033", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1293033" }, { "id": "nexus-sen-1-0007-1293044", "citation": "Res. 15239-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline for Liceo Miguel Araya Venegas infrastructure", "title_es": "Ampliación de plazo para infraestructura del Liceo Miguel Araya Venegas", "summary_en": "The Constitutional Chamber reviews another request for extension of time filed by the Minister of Public Education and the Director of Educational Infrastructure to comply with judgment No. 2018-017001, which mandated resolving severe infrastructure and health hazards at Liceo Miguel Araya Venegas in Cañas, Guanacaste. The original 2018 ruling imposed two obligations: interim safety measures within one month and a definitive solution within twelve months. After multiple extensions totaling over five years with no tangible progress, a 2024 decision had denied a further extension due to persistent non-compliance. The petitioners now demonstrate advances in the design phase (SETENA environmental clearance, construction drawings under review) and request 48 weeks to finalize preparations and tender the construction. The Court acknowledges recent progress but notes the requested period does not cover full execution of works. It thus partially grants the request: a 24-month extension solely for the second obligation (definitive infrastructure solution), encompassing pre-construction and the first building phase. The extension for interim measures is denied as that deadline expired unfulfilled. The Ministry of Health’s authority to order closure if unsafe conditions persist is expressly preserved.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1293044.json", "html_url": "/legal/doc/nexus-sen-1-0007-1293044", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1293044" }, { "id": "nexus-sen-1-0007-1293045", "citation": "Res. 15240-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline to build Bajo Caliente school", "title_es": "Ampliación de plazo para construir escuela Bajo Caliente", "summary_en": "The Constitutional Chamber addressed a subsequent filing by the Ministry of Public Education (MEP) in an amparo proceeding that had ordered resolution of the Bajo Caliente school's infrastructure problem. The original 2020 judgment imposed an 18-month deadline for definitive measures, which proved impossible to meet due to suspensions of land purchases under prior administration directives and changes introduced by the new General Public Procurement Law (Law 9986), in force since December 2022. The MEP submitted a timeline of 365 days to acquire land plus 714 days for formulation, design, and construction of the school. The Chamber granted the extension, allowing three additional years, while acknowledging the technical and legal complexity of the construction process. However, it ordered semi-annual progress reports to monitor compliance.", "primary_topic_id": "_off-topic", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1293045.json", "html_url": "/legal/doc/nexus-sen-1-0007-1293045", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1293045" }, { "id": "nexus-sen-1-0007-1293054", "citation": "Res. 15293-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for review of rejected amparo", "title_es": "Solicitud de revisión de amparo rechazada", "summary_en": "The Constitutional Chamber addresses a post-judgment motion filed by Kevin Kichinka regarding the ruling that partially granted his amparo against SENASA (File 25-008432-0007-CO). That ruling ordered SENASA to resolve, within two months, an environmental complaint filed on August 8, 2024, concerning a poultry farm in Grifo Alto de Puriscal. The petitioner now asks the Chamber to review the alleged archiving of the case and to consider new evidence of illegal constructions, attributing responsibility to the Municipality of Puriscal. The Chamber finds that the new claims differ from those already decided—they are directed against the Municipality, not SENASA—and therefore orders their separation to be processed as a new matter, without modifying the prior ruling.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1293054.json", "html_url": "/legal/doc/nexus-sen-1-0007-1293054", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1293054" }, { "id": "nexus-sen-1-0007-1293123", "citation": "Res. 15248-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Logging at the Edge: Keköldi Amparo Fails to Prove Territorial Invasion", "title_es": "Talando en los límites: el amparo de Keköldi que no demostró la invasión", "summary_en": "The Constitutional Chamber denied an amparo filed on behalf of the Bribri Indigenous People of Keköldi, alleging that logging authorized by the National System of Conservation Areas (SINAC) through a certificate of origin under an agroforestry system had encroached upon their territory. The Chamber determined that technical inspections by INDER—the sole entity competent to demarcate indigenous reserves under Indigenous Law 6172—and by SINAC itself confirmed that the cutting of 174 trees (12 species, 293.46 m³) took place outside Keköldi boundaries. GPS georeferenced verification (error margin ±3.7 m) and the SIRI/SNIT systems placed all felling points outside the territory. Additionally, the National Geographic Institute clarified it lacks authority to certify location within indigenous territories. The Chamber found no violation of fundamental rights but admonished the Vice-Ministry of Peace and MINAE to monitor the activity in compliance with the preventive and precautionary principles. Justice Salazar Alvarado added separate reasons, opining that the case should have been dismissed outright as a matter for ordinary administrative litigation.", "primary_topic_id": null, "topic_ids": [ "indigenous-law-6172" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1293123.json", "html_url": "/legal/doc/nexus-sen-1-0007-1293123", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1293123" }, { "id": "nexus-sen-1-0007-1293593", "citation": "Res. 16025-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of action against Article 153 of the Labour Code on vacations", "title_es": "Inadmisibilidad de acción contra el artículo 153 del Código de Trabajo sobre vacaciones", "summary_en": "The Constitutional Chamber summarily dismisses an unconstitutionality action filed against the first paragraph of Article 153 of the Labour Code, which establishes a minimum of two weeks of paid annual vacation. The petitioner, acting on his own, sought to have this provision declared unconstitutional and replaced by Article 39 of the Organic Law of the Judiciary, which grants 31 calendar days to judicial employees, alleging a violation of the principle of equality and discrimination. However, the Chamber finds that the petitioner lacks standing, as he does not prove a pending main case nor meets the exceptional requirements for a direct action under Article 75 of the Constitutional Jurisdiction Law. In particular, the court concludes that the invoked defense of diffuse or collective interests does not apply, since the claim to extend vacations is not directly related to the oversight of public funds and does not affect an identifiable group with a common interest distinct from the general public. Furthermore, it reiterates that the popular action is not provided for in the Costa Rican constitutional review system.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1293593.json", "html_url": "/legal/doc/nexus-sen-1-0007-1293593", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1293593" }, { "id": "nexus-sen-1-0007-1293594", "citation": "Res. 16020-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality action against high-containment criteria for prisoners", "title_es": "Rechazo de acción de inconstitucionalidad contra criterios de alta contención penitenciaria", "summary_en": "The Constitutional Chamber flatly rejected an unconstitutionality action filed by a public defender against Article 91 bis of Circular 3-2025 issued by the National Institute of Criminology, which sets criteria for placing inmates in high-containment units. The plaintiff alleged violations of the principles of legality, due process, human dignity, and proportionality. The Court found she lacked standing because she had not raised the unconstitutionality in prior habeas corpus proceedings as required for incidental actions, and the defense of diffuse interests was not applicable since the norm affects identifiable individuals rather than the community at large. The action was dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1293594.json", "html_url": "/legal/doc/nexus-sen-1-0007-1293594", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1293594" }, { "id": "nexus-sen-1-0007-1294111", "citation": "Res. 15462-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Response to information request about municipal parks", "title_es": "Respuesta a solicitud de información sobre parques municipales", "summary_en": "The Constitutional Chamber denies an amparo appeal filed against the Municipality of Vásquez de Coronado for lack of response to an information request. The petitioner asked for details on the budget to open municipal lands, an inspection in a creek, and road painting, among others. The municipality responded on May 8, 2025, before being notified of the amparo proceedings (May 9), explaining there is no specific budget, that neighbors must organize to manage the parks, and that roadworks will be scheduled according to budget availability. The Chamber finds no violation of fundamental rights, as the response was issued prior and complete, making the amparo moot.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1294111.json", "html_url": "/legal/doc/nexus-sen-1-0007-1294111", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1294111" }, { "id": "nexus-sen-1-0007-1294124", "citation": "Res. 15717-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noncompliance with garbage collection in Isla Chira", "title_es": "Incumplimiento de recolección de basura en Isla Chira", "summary_en": "The Constitutional Chamber rules on a fifth noncompliance claim filed by a resident of Isla Chira against the Municipality of Puntarenas for failing to comply with point 3) of ruling No. 2023019610 of August 11, 2023. In that earlier decision, the Chamber ordered municipal authorities to guarantee periodic, continuous solid waste collection on the island after finding the service lacking. Despite multiple demands, warnings of legal consequences, and a health order from the Ministry of Health, the municipality did not comply for nearly two years. Finally, as of March 18, 2025, the local government directly took over the service, accessing the island every two weeks with maritime transport and a collection truck. The Chamber finds that waste collection is now underway, albeit belatedly, and declares the claim moot without imposing further sanctions. The ruling highlights persistent municipal disobedience and the resulting public health and environmental crisis endured by the island community.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1294124.json", "html_url": "/legal/doc/nexus-sen-1-0007-1294124", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1294124" }, { "id": "nexus-sen-1-0007-1294138", "citation": "Res. 15325-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for SETENA's failure to resolve nullity of environmental viability for wastewater treatment plant", "title_es": "Amparo por omisión de SETENA en resolver nulidad de viabilidad ambiental de planta de tratamiento", "summary_en": "The Constitutional Chamber hears an amparo filed by a citizen against the National Environmental Technical Secretariat (SETENA). The petitioner claimed that, after requesting on January 14, 2025, the annulment of resolution 1138-2023-SETENA granting environmental viability to a wastewater treatment plant in Santa Ana, SETENA had not resolved the matter by the time the amparo was filed on April 7, 2025. In its report, SETENA demonstrated that the nullity plea was denied through resolution 0505-2025-SETENA of April 2, 2025, and electronically notified to the petitioner on April 8, before the amparo admission was communicated. The Chamber verifies that the omission was remedied prior to the procedural notice, and therefore dismisses the amparo, without addressing the merits of the environmental viability decision.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1294138.json", "html_url": "/legal/doc/nexus-sen-1-0007-1294138", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1294138" }, { "id": "nexus-sen-1-0007-1294140", "citation": "Res. 15334-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition and access to noise confinement plans in the Southern Caribbean", "title_es": "Derecho de petición y acceso a información sobre planes de confinamiento de ruido en Caribe Sur", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a citizen who requested from the Ministry of Health a comprehensive list of bars, restaurants, and nightclubs in the Southern Caribbean region, along with their respective noise confinement plans. Although the information was requested on March 17, 2025, no response had been received by the time the amparo was filed on April 10, 2025, exceeding the ten-business-day deadline set by Article 32 of the Constitutional Jurisdiction Law. After being notified of the amparo, the Ministry of Health provided the available information. The Chamber granted the amparo due to violation of the right to petition but without awarding costs, damages, or losses, considering that the late response was eventually provided. It clarified that the right to petition guarantees a response, but not necessarily the specific answer sought. The majority held that no financial award was warranted, while two magistrates dissented, arguing that abstract condemnation for damages and costs should have been imposed.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "procedural-environmental" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1294140.json", "html_url": "/legal/doc/nexus-sen-1-0007-1294140", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1294140" }, { "id": "nexus-sen-1-0007-1294145", "citation": "Res. 15379-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Delayed and Incomplete Municipal Response to Information Requests Violates Right to Petition", "title_es": "Respuesta tardía e incompleta de municipio a solicitudes de información constituye violación al derecho de petición", "summary_en": "The Constitutional Chamber heard an amparo filed by members of the Committee for the Defense of Public Services of San Isidro de Heredia against the Municipality of San Isidro de Heredia. The petitioners alleged that the municipality had failed to respond to their requests for information on various local issues, including matters concerning the municipal police, the vice-mayor's duties, the status of a judicial case regarding containers in San Francisco, and the administrative file for the construction of the United World College in Santa Cecilia. The Chamber found that the municipality responded belatedly to an initial information request from September 2024 – answering only in May 2025, after the amparo had been admitted. As for the second request, regarding the United World College, the Chamber found that while access to the file was provided, the response did not clearly and precisely address questions about the water service and impact on a protected area. Therefore, the amparo was partially granted, ordering the municipal authority to fully and diligently answer the pending request, with costs awarded.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1294145.json", "html_url": "/legal/doc/nexus-sen-1-0007-1294145", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1294145" }, { "id": "nexus-sen-1-0007-1295353", "citation": "Res. 16097-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo regarding failure to respond to request for environmental and public property information from municipality", "title_es": "Amparo sobre omisión de respuesta a solicitud de información ambiental y de bienes demaniales ante municipalidad", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of San Rafael de Heredia for failure to respond to several information requests. The petitioner had asked for data on the enforcement of a previous Chamber ruling related to Law No. 65 (protected zones), actions regarding sewage discharge into rivers, and a list of illegal constructions in protected areas and public property. He also requested information on municipal real estate assets. The Chamber finds that the requests concerning enforcement of its ruling and the replies to the response already given do not constitute a simple request for information but rather an exhortation, and thus the amparo is dismissed on those points. However, with regard to the lists of constructions discharging grey and black water into rivers, those failing to respect road alignments or obstructing sidewalks, and public property, the Chamber holds that there has been a failure to respond, since after nearly a year the promised information has not been delivered and the January 2025 request remains unanswered. Consequently, the amparo is partially granted, ordering the mayor to provide that information to the petitioner within three months.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1295353.json", "html_url": "/legal/doc/nexus-sen-1-0007-1295353", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1295353" }, { "id": "nexus-sen-1-0007-1295355", "citation": "Res. 16120-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal inaction on Cañas River erosion risk", "title_es": "Omisión municipal ante riesgo por erosión del río Cañas", "summary_en": "The Constitutional Chamber ruled on an amparo filed by residents of Río Cañas in Desamparados, affected by flooding of the Cañas River. The petitioners claimed that, despite acknowledgment of high risk by municipal and National Emergency Commission (CNE) authorities, they were excluded from a bank-protection project without sufficient justification. The Chamber found that the Municipality of Desamparados, despite having multiple CNE technical reports warning of lateral erosion danger and housing vulnerability—homes inhabited by minors, elderly, and disabled persons—remained inactive over a long period, failing to adopt recommended mitigation measures. The appeal was partially granted, ordering the Municipality to fully implement, within a maximum of six months, all recommendations from report CNE-UIAR-INF-0308-2025. Regarding CNE, the appeal was dismissed because it fulfilled its technical analysis and advisory duties. The Chamber also clarified that it cannot decide whether the petitioner's home must be included in the project, as that is a matter for technical authorities. The Municipality was ordered to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1295355.json", "html_url": "/legal/doc/nexus-sen-1-0007-1295355", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1295355" }, { "id": "nexus-sen-1-0007-1295589", "citation": "Res. 16170-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Criminal prosecution of an environmental case does not exempt SINAC from its administrative duties", "title_es": "La judicialización de un caso ambiental no exime al SINAC de sus deberes administrativos", "summary_en": "The Constitutional Court partially grants an amparo action against the Caribbean Friendship Conservation Area (ACLAC) of SINAC. A citizen filed an administrative complaint regarding logging, drainage, and fragmentation of wetlands and forests. ACLAC merely replied that the facts were already under criminal prosecution. The Court holds that criminal proceedings do not exclude SINAC’s administrative powers; the agency must fully examine complaints, conduct inspections, and issue appropriate administrative acts, especially when ongoing activities are alleged. It orders ACLAC to resolve, within one month, the denounced activities (logging, drainage, fragmentation) and notify the petitioner. Ecosystem restoration and sanctions are left to ordinary courts. A dissenting vote argues the amparo should have been dismissed as a matter of administrative legality.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1295589.json", "html_url": "/legal/doc/nexus-sen-1-0007-1295589", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1295589" }, { "id": "nexus-sen-1-0007-1295599", "citation": "Res. 16121-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Municipality and CONAVI for failure to inform about summary demolition proceeding", "title_es": "Amparo contra Municipalidad y CONAVI por omisión de indicar sumario de derribo", "summary_en": "The Constitutional Chamber granted the amparo filed by a resident of San Pablo de Heredia, who complained that the Municipality and CONAVI had failed to address his requests to cut Casuarina trees located in the right-of-way adjacent to his property, which posed a danger to his home, the public sidewalk, and passersby. Although CONAVI conducted inspections and planned removal for July 2025, the Chamber determined that none of the respondent authorities had formally informed the complainant that the correct procedure for assessing the trees' dangerousness is the summary demolition proceeding before the agricultural jurisdiction, per Article 108 of the Civil Procedure Code and settled constitutional case law. The Municipality and CONAVI are ordered to immediately inform the complainant of this procedure and adopt preventive measures to safeguard passersby in the meantime.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1295599.json", "html_url": "/legal/doc/nexus-sen-1-0007-1295599", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1295599" }, { "id": "nexus-sen-1-0007-1295601", "citation": "Res. 16068-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with wildlife crossing construction on Route 32", "title_es": "Incumplimiento en construcción de pasos de fauna en Ruta 32", "summary_en": "The Constitutional Chamber addresses a non-compliance claim against the National Road Council (CONAVI) for failing to fully execute Judgment 2021001189, which mandated the construction and activation of wildlife crossings on National Route 32. Despite reported progress —29 underpasses built but lacking functional adaptations, and only 2 of 20 overpasses— the Chamber finds partial and insufficient compliance. It denies a further time extension as disproportionate, noting a prior three-year extension had already been granted. The non-compliance claim is upheld, and the order is reiterated, with warnings of administrative and criminal liability under Articles 53 and 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "wildlife-law-7317" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1295601.json", "html_url": "/legal/doc/nexus-sen-1-0007-1295601", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1295601" }, { "id": "nexus-sen-1-0007-1295605", "citation": "Res. 16086-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience in Environmental Amparo for Wastewater Complaint in Nicoya", "title_es": "Desobediencia en amparo ambiental por denuncia de aguas residuales en Nicoya", "summary_en": "The Constitutional Chamber dismisses a disobedience petition against the Municipality of Nicoya for failing to comply with ruling 2025001417, which ordered resolution of an environmental complaint regarding wastewater seepage. The petitioner argued that the mayor had not resolved her October 2024 complaint. The municipality reported under oath that it has undertaken progressive steps, including technical inspections and inter-institutional coordination with the Ministry of Health, due to the problem's complexity —a long-standing issue without a visible discharge point—. The Chamber finds no deliberate disobedience but rather substantial and progressive compliance, subject to administrative reasonableness. However, it reminds the mayor of the obligation to complete all actions for a definitive solution.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1295605.json", "html_url": "/legal/doc/nexus-sen-1-0007-1295605", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1295605" }, { "id": "nexus-sen-1-0007-1295608", "citation": "Res. 16094-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Resolution 16094-2025: Pollution from a concrete factory and delay in addressing health complaints", "title_es": "Resolución 16094-2025: Contaminación por fábrica de concreto y demora en atender denuncias sanitarias", "summary_en": "The Constitutional Chamber hears an amparo action filed by a neighbor and other residents of the Los Geranios residential area in Flores de Heredia against the Municipality of Flores and the Ministry of Health, due to the operation of a pre-mixed concrete factory (AMCO) that emits fumes, dust, vibrations, and constant noise. The claimants allege that since 2013 they have filed complaints before the Health Area without effective results, that a sanitary order was issued in 2023 without follow-up, and that the company operates without an industrial land-use permit. After analyzing the reports, the Chamber determines that the Health Area has indeed addressed the complaints, issuing sanitary orders and conducting inspections, although with delays in noise measurement partly attributable to the claimants. However, it finds an undue delay of approximately three months in the resolution of complaint No. D-119-24. It partially grants the amparo, ordering the Health Area to definitively resolve that complaint within two months. The rest of the claims, including those against the Municipality of Flores, are dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1295608.json", "html_url": "/legal/doc/nexus-sen-1-0007-1295608", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1295608" }, { "id": "nexus-sen-1-0007-1295622", "citation": "Res. 16342-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Deputy's right to petition regarding contamination of the Puntarenas Estuary", "title_es": "Derecho de petición del diputado sobre contaminación del Estero de Puntarenas", "summary_en": "The Constitutional Chamber reviews an amparo filed by a deputy against the Municipality of Puntarenas. The petitioner had requested detailed information about municipal actions regarding contamination of the Puntarenas Estuary by wastewater discharges from the Municipal Market, including immediate measures, health permits, fines, and application of the precautionary principle. The municipality responded during the proceedings, but the Chamber found the response incomplete and failing to address all points clearly. The amparo is granted, ordering the mayor to provide a complete and clear response within three days, with a warning of criminal consequences for non‑compliance. The municipality is ordered to pay costs, damages, and losses. The ruling reinforces the duty of public authorities to exhaustively respond to information requests, especially in environmental matters.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1295622.json", "html_url": "/legal/doc/nexus-sen-1-0007-1295622", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1295622" }, { "id": "nexus-sen-1-0007-1295644", "citation": "Res. 09922-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Construction of National Water Laboratory not subject to amparo", "title_es": "Construcción del Laboratorio Nacional de Aguas no es materia de amparo", "summary_en": "The Constitutional Chamber rejects the amparo petition filed by the Director of the National Water Laboratory (LNA) against the Costa Rican Institute of Aqueducts and Sewers (ICAA). The petitioner claimed that the Executive President's proposal to move the construction of the new LNA building from La Unión de Cartago to Pavas violated the rights to life and health, and constituted misuse of public funds. The Chamber finds no concrete, individualized harm to fundamental rights of the petitioner or any third party; mere disagreement with a proposal to change location does not itself violate fundamental rights. The Chamber emphasizes that as of the time of the petition, there was no firm agreement on the final location, and authorities reported under oath that the building area would not be reduced and that future expansion was planned. The Chamber reiterates it is not its role to decide the construction site, which falls under ordinary administrative and judicial channels.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1295644.json", "html_url": "/legal/doc/nexus-sen-1-0007-1295644", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1295644" }, { "id": "nexus-sen-1-0007-1296975", "citation": "Res. 00517-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied for failure to meet technical and legal requirements to assume private aqueduct", "title_es": "Denegatoria de amparo por falta de cumplimiento de requisitos técnicos y legales para asumir acueducto privado", "summary_en": "The Constitutional Chamber analyzed an amparo action filed by the Neighbors Association of Residencial Vistas del Pacífico against the Costa Rican Institute of Aqueducts and Sewers (ICAA) and the Ministry of Environment and Energy (MINAE). The petitioner argued that the institutions had failed to take measures to formalize the aqueduct administration or guarantee access to drinking water, and challenged an ICAA technical report for alleged errors. The Chamber found that the community had been supplied by an unauthorized operator, and that ICAA had established technical and legal requirements to take over the system, which had not been met by those responsible for the aqueduct. It held that access to water, while a fundamental right, is conditioned on meeting such requirements. The alleged technical inaccuracies are matters of ordinary legality, not constitutional jurisdiction. Regarding water supply by tanker truck, the claim was dismissed for lack of individualized identification of the affected persons. As for the MINAE's authorization of wells, the Chamber deferred to ordinary administrative and judicial channels, particularly given an ongoing criminal proceeding for water usurpation. The amparo was denied in its entirety.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1296975.json", "html_url": "/legal/doc/nexus-sen-1-0007-1296975", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1296975" }, { "id": "nexus-sen-1-0007-1296994", "citation": "Res. 00575-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo iteration on public road restoration in Luisiana de Ujarrás", "title_es": "Reiteración de amparo sobre restablecimiento de camino público en Luisiana de Ujarrás", "summary_en": "The Constitutional Chamber reviews a new amparo petition regarding the restoration of a public road in Luisiana de Ujarrás, Paraíso, which was damaged by a landslide. The petitioners, including elderly individuals, claim that the Municipality of Paraíso has failed to resolve the issue despite numerous requests, citing lack of budget. The Chamber notes that it already ruled on this same matter in Judgment No. 2022-010649, ordering a definitive solution, and later, in Interlocutory Resolution No. 2024-033054, dismissed a non-compliance claim after verifying that the municipality had improved alternative roads and that disputes over the suitability of actions belong to ordinary courts. Therefore, the Chamber holds that the current arguments merely reiterate what was previously decided and directs the petitioner to abide by those prior rulings, without a new substantive analysis. Justice Salazar Alvarado adds a note stating that, in principle, such cases involve ordinary legality, but he makes an exception when vulnerable groups are affected, as in this instance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1296994.json", "html_url": "/legal/doc/nexus-sen-1-0007-1296994", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1296994" }, { "id": "nexus-sen-1-0007-1297260", "citation": "Res. 01291-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Late response to environmental information request violates rights", "title_es": "Respuesta tardía a solicitud de información ambiental lesiona derechos", "summary_en": "The Constitutional Chamber hears an amparo action filed by a deputy from the Frente Amplio party against the Ministry of Environment and Energy (MINAE). The petitioner had requested environmental information concerning the Térraba Sierpe Wetlands and a project potentially affecting this State Natural Heritage site, including questions about discharge permits, rural aqueduct access, and technical studies. The request was sent on October 29, 2024, but MINAE did not respond until November 25, 2024, after being notified of the amparo. The Chamber finds that the respondent authority failed to comply with the ten-business-day deadline set forth in Article 32 of the Constitutional Jurisdiction Law, thereby violating the petitioner's fundamental rights. Since the violation ceased with the belated response, the amparo is granted under Article 52 of said Law, but the majority decides not to award costs, damages, or losses due to lack of evidence of direct patrimonial harm. Two partial dissenting votes argue for awarding damages, losses, and/or costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1297260.json", "html_url": "/legal/doc/nexus-sen-1-0007-1297260", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1297260" }, { "id": "nexus-sen-1-0007-1297565", "citation": "Res. 02108-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on noise pollution denied due to compliance with regulatory limits", "title_es": "Amparo por contaminación sónica rechazado por cumplimiento de límites reglamentarios", "summary_en": "An elderly woman filed an amparo action against the Health Area of Desamparados for failing to properly address her complaint about noise pollution from commercial exhaust fans next to her home. She claimed that 24-hour noise, especially at night, caused vibrations, sleep disruption, and health deterioration. The Constitutional Chamber verified that the Ministry of Health conducted sound measurements twice (December 2022 and January 2025) and, based on the Regulation for the Control of Environmental Noise Pollution (Decree 44486-S), found noise levels did not exceed maximum limits (70 dB daytime, 40 dB nighttime, mixed zone). The Chamber held that the authority was not negligent, dismissed any violation of fundamental rights, and denied the amparo. Justice Salazar Alvarado added a note on the administrative court's jurisdiction when administrative action has already been taken, but joined the decision invoking Article 50 of the Constitution given the impact on health and a healthy environment.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "24/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1297565.json", "html_url": "/legal/doc/nexus-sen-1-0007-1297565", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1297565" }, { "id": "nexus-sen-1-0007-1298908", "citation": "Res. 12059-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to potable water in light of AyA's technical impossibility", "title_es": "Acceso al agua potable frente a imposibilidad técnica del AyA", "summary_en": "The Constitutional Chamber hears an amparo action against the Costa Rican Institute of Aqueducts and Sewers (AyA) for denying a potable water connection to a home in Patarrá de Desamparados. The petitioner bought the property in 2023, and after an irregular supply was cut off, she formally requested service in December 2024. AyA rejected the request because the property lies outside the supply zone and lacks distribution infrastructure along its boundaries, constituting a technical impossibility. The Chamber confirms the denial is not arbitrary, as constitutional case law holds that no fundamental rights are violated when there is a technical impossibility to provide the service. However, the court partially grants the amparo due to the delay in resolving the administrative appeal, which was resolved one day after the amparo's admission was notified, breaching the right to a swift and effective administrative justice (Article 41 of the Constitution). The majority waives costs and damages, with dissenting votes ordering compensation.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1298908.json", "html_url": "/legal/doc/nexus-sen-1-0007-1298908", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1298908" }, { "id": "nexus-sen-1-0007-1298985", "citation": "Res. 12172-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Closure of noise-pollution complaint does not violate rights when complainant fails to coordinate measurement", "title_es": "Cierre de denuncia por contaminación sónica no vulnera derechos si la denunciante no coordina medición", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Coronado Health Area for closing a noise-pollution complaint regarding an events hall. The complainant alleged that the health authority failed to conduct necessary measurements, leaving neighbors defenseless, particularly affecting her elderly mother with fragile health. The Chamber, after analyzing the authority's report, concluded there was no administrative inertia: multiple coordination attempts were made with the complainant to take sound measurements, including an evening visit during which no noise was perceived. The inability to complete the procedure was due to the complainant's own lack of cooperation, as she did not answer subsequent phone calls nor provide a specific time of nuisance. Therefore, the Chamber denied the amparo, finding no violation of fundamental rights. The ruling reaffirms that administrative duties in noise control also depend on the complainant's active cooperation to enable technical oversight.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1298985.json", "html_url": "/legal/doc/nexus-sen-1-0007-1298985", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1298985" }, { "id": "nexus-sen-1-0007-1299109", "citation": "Res. 12491-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with the construction of the Golfito wastewater treatment plant", "title_es": "Incumplimiento en la construcción de la planta de tratamiento de aguas residuales de Golfito", "summary_en": "The Constitutional Chamber addresses a non-compliance motion filed by a resident of Golfito against the Costa Rican Institute of Aqueducts and Sewers (AyA) and the Ministry of Health, concerning judgment 2020016705 of 2020. That judgment ordered the construction of a wastewater treatment plant for Golfito within a 24-month period. The complainant argues the project has not been executed and that the originally assigned land was ceded to a private entity. The authorities report progress such as final designs, approved environmental viability, acquired lands, and financing negotiations with the BCIE, but acknowledge that works are projected to begin in the second half of 2026. The Chamber finds that, despite the actions taken, the granted deadline has been greatly exceeded without even starting construction. Therefore, the non-compliance motion is granted, and immediate compliance with the original judgment is ordered, with warnings of criminal and administrative penalties for failure to comply.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "29/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1299109.json", "html_url": "/legal/doc/nexus-sen-1-0007-1299109", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1299109" }, { "id": "nexus-sen-1-0007-1299148", "citation": "Res. 12528-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dental prosthesis for older adult within reasonable timeframe under sanitary closure order", "title_es": "Prótesis dental a adulto mayor en plazo razonable bajo orden sanitaria de clausura", "summary_en": "The Constitutional Chamber hears an amparo filed by an 81-year-old older adult who was given an appointment for a full dental prosthesis at the Dr. Rafael Ángel Calderón Guardia Hospital only for November 5, 2025—seven months after evaluation. The Chamber grants the amparo, holding that this timeline is unreasonable and violates the right to health, especially for an older adult, a group for which constitutional jurisprudence requires priority attention within a maximum of one month. The Chamber also notes that the hospital's Prosthodontics service was closed by the Ministry of Health through a sanitary order and closure record due to 48 non-compliances with preventive provisions (fire risk, electrical, GLP storage, etc.), and that the hospital never submitted a remedial plan. The Chamber orders the hospital to immediately coordinate with another medical center so that the required prosthesis is delivered within one month, and orders the Minister of Health to take all actions within her authority to ensure compliance with the sanitary orders issued. The State and the CCSS are ordered to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1299148.json", "html_url": "/legal/doc/nexus-sen-1-0007-1299148", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1299148" }, { "id": "nexus-sen-1-0007-1299479", "citation": "Res. 12904-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against MINAE for delay in certifying land status under Natural Heritage", "title_es": "Amparo contra el MINAE por tardanza en responder certificación sobre Patrimonio Natural del Estado", "summary_en": "The Constitutional Chamber hears an amparo filed against the Caribbean Friendship Conservation Area (ACLAC-SINAC) of MINAE. The petitioner requested on December 2, 2024, certifications on whether a specific cadastral map (7-55102-1955) formed part of the State Natural Heritage, overlapped with wetlands or protected areas, and whether it had been subdivided for real estate development. The respondent authority answered only on April 10, 2025, after the amparo was notified. The Chamber partially grants the amparo solely due to the delay in responding, violating Article 27 of the Constitution. Regarding the content of the response, the Chamber finds that requests 1 and 2 (State Natural Heritage and overlap) implied a technical criterion or legal assessment, not a simple information request, and thus are not covered by Articles 27 and 30 of the Constitution. As for point 3 (subdivision), the authority justified that it is not within SINAC's competence. The Chamber rejects the claim regarding the insufficiency of the reply as a matter of ordinary legality. Regarding costs, the majority decides not to award costs or damages; three justices file partial dissents ordering an award of damages or costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "02/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1299479.json", "html_url": "/legal/doc/nexus-sen-1-0007-1299479", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1299479" }, { "id": "nexus-sen-1-0007-1299537", "citation": "Res. 12958-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Failure to Resolve Complaint and Denial of Access to Information by SENASA", "title_es": "Amparo por falta de resolución de denuncia y acceso a información ante SENASA", "summary_en": "The Constitutional Chamber hears an amparo petition filed by an individual against the National Animal Health Service (SENASA). The petitioner filed a complaint in August 2024 regarding environmental contamination and foul odors from a poultry farm near his property, also requesting copies of the Veterinary Operation Certificate (CVO) and inspection reports from 2023 and 2024. He alleges that SENASA has not provided the requested information and has not resolved his complaint. The Chamber finds that although SENASA carried out inspections, coordinated inter-institutional visits, and issued a sanitary order, there is no evidence that the complaint has been finally resolved and notified to the petitioner. Consequently, the amparo is partially granted solely for the violation of the right to petition (Article 41 of the Constitution), ordering the resolution of the complaint within a maximum of two months. However, the claim regarding the failure to provide information is dismissed, as more than seven months elapsed since the request, exceeding the two-month statute of limitations under Article 35 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "02/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1299537.json", "html_url": "/legal/doc/nexus-sen-1-0007-1299537", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1299537" }, { "id": "nexus-sen-1-0007-1299842", "citation": "Res. 13624-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to meet water availability requirement does not violate fundamental rights", "title_es": "Incumplimiento de requisito de disponibilidad de agua no lesiona derechos fundamentales", "summary_en": "The Constitutional Chamber denies an amparo filed by three members of a group of 82 families living in extreme poverty against the Municipality of Guácimo and ICAA (water and sewer institute). The petitioners complained that building permits for the Las Rosas de Río Jiménez housing project had not been granted. The Court finds no fundamental rights violation because the municipality acted lawfully in requiring compliance with legal prerequisites. The record shows that ICAA issued a water capacity certificate (CCH) for primary infrastructure works, not a water availability certificate, and the developer had not applied for permits to build those primary works. Moreover, the petitioners themselves had not filed any permit applications in their own names. The Court holds that any disputes over the applicable requirements or the project’s classification must be resolved through administrative or ordinary judicial proceedings, not amparo.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1299842.json", "html_url": "/legal/doc/nexus-sen-1-0007-1299842", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1299842" }, { "id": "nexus-sen-1-0007-1299982", "citation": "Res. 16070-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline for San José Municipality stormwater works", "title_es": "Ampliación de plazo para obras pluviales de la Municipalidad de San José", "summary_en": "The Constitutional Chamber addresses a request for an extension of time filed by the Municipality of San José, after a previous ruling ordered it to take, within six months, all necessary technical actions to resolve the stormwater runoff problem on the west side of the claimant's property. The Municipality demonstrates significant progress, including cleaning, slope reinforcement, and installation of 1500 mm polyethylene piping, with 55% completion as of May 2025. It argues that the definitive work involves two stages: the first, a pipeline diversion already in the bidding process, and the second, the construction of a channel requiring topographic, geotechnical, hydraulic, structural, environmental and forestry studies, as well as permits from SETENA and the Water Directorate, making it impossible to comply within the original deadline. The Chamber acknowledges the municipal effort and extends the deadline by 12 additional months, recognizing the technical and administrative complexity involved.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1299982.json", "html_url": "/legal/doc/nexus-sen-1-0007-1299982", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1299982" }, { "id": "nexus-sen-1-0007-1299999", "citation": "Res. 16106-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to environmental information on logging in Gandoca-Manzanillo", "title_es": "Acceso a información ambiental sobre tala en Gandoca-Manzanillo", "summary_en": "The Constitutional Chamber reviews an amparo filed by an environmentalist against the administrator of the Gandoca-Manzanillo National Wildlife Refuge (REGAMA). The petitioner had requested detailed information on compliance with precautionary measures in cases of logging and land-use change within the refuge, following up on prior communications. The administration refused access, citing confidentiality due to ongoing criminal proceedings under Article 295 of the Criminal Procedure Code. The Chamber holds that the requested information—administrative monitoring of precautionary measures—is not part of the criminal process and is of public interest, so the denial violates the right of access to administrative information enshrined in Article 30 of the Political Constitution. The appeal is granted, ordering delivery of the documents within eight days while safeguarding any confidential data. The ruling on costs is later corrected to impose them on SINAC instead of the State.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1299999.json", "html_url": "/legal/doc/nexus-sen-1-0007-1299999", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1299999" }, { "id": "nexus-sen-1-0007-1300002", "citation": "Res. 16110-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Expulsion of a member without due process or clear formulation of charges", "title_es": "Desafiliación de asociado sin debido proceso ni formulación clara de cargos", "summary_en": "The Constitutional Chamber reviews an amparo filed by a tourism entrepreneur and environmentalist from Playa Sámara against the Sámara Tourism and Commerce Chamber Association, which expelled him for alleged immoral conduct based on statements made in a radio interview about a bill affecting the maritime-terrestrial zone and the environment. The petitioner claims violation of due process, freedom of association, and freedom of expression, as he was expelled without prior hearing or clear charges, and given a term to defend himself only after expulsion. The Chamber grants the amparo, nullifying the expulsion resolution because the association failed to respect minimum due process guarantees: no prior notice with specific charges existed, the sanction was imposed without the opportunity to defend, and the exact date of the hearing was not provided. It orders the petitioner’s reinstatement as a member and awards costs, damages, and losses against the association.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300002.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300002", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300002" }, { "id": "nexus-sen-1-0007-1300010", "citation": "Res. 16119-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Construction dust does not violate rights when municipality oversees mitigation measures", "title_es": "Polvo por construcción no lesiona derechos si municipio fiscaliza medidas de mitigación", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Flores for allegedly failing to enforce dust mitigation measures at the 'OFI BODEGAS CALLE VÍQUEZ' construction project. The petitioners claimed that excessive dust harmed their health and right to a healthy environment. The Court found that the Municipality did respond to the complaints: it conducted inspections, contacted the developer, and verified that mitigation measures such as water tankers and shade cloth were being applied. It concluded that the municipality did not engage in any injurious inaction or omission of fundamental rights. The Court noted that the project had environmental viability from SETENA and that nuisances from an authorized worksite do not per se constitute a constitutional violation, provided the administration carries out its oversight function. The amparo was dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300010.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300010", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300010" }, { "id": "nexus-sen-1-0007-1300025", "citation": "Res. 16143-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for illegal landfill and commercial activity in Santa Ana", "title_es": "Desestimación de amparo por relleno y actividad comercial ilegal en Santa Ana", "summary_en": "The Constitutional Chamber dismisses an amparo action filed against the Municipality of Santa Ana and the Santa Ana Health Governing Area. The petitioner, a neighboring resident, alleged that both entities failed to act regarding an illegal landfill, earthworks, operation of a truck yard without permits, and noise and air pollution on an adjacent property. The Chamber examines the actions taken and finds no neglect: the Municipality conducted several inspections, ruled out the existence of a landfill and commercial activity, and closed the complaint, directing the petitioner to civil court as it involved a dispute between private parties; the Health Area carried out seven site visits without verifying any health violations. The disagreement is a matter of ordinary legality, not a breach of fundamental rights.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300025.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300025", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300025" }, { "id": "nexus-sen-1-0007-1300027", "citation": "Res. 16145-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo regarding mining concession in Cóbano dismissed as matter of ordinary legality", "title_es": "Amparo por concesión minera en Cóbano desestimado por ser cuestión de legalidad ordinaria", "summary_en": "The company Tajo Lacón S.R.L. filed an amparo action against the Municipal Council of the District of Cóbano, the Directorate of Geology and Mines of MINAE, and SETENA. It alleged that the Council authorized a mining land use without competence; that the company AYZ ALZUÑI S.A. obtained environmental viability without a valid land use and submitted irregular documentation; that a municipal license was granted without legal access to a public road and the use of a well was authorized without a concession; and that the Council paved a public road to favor the mining project, which could constitute misappropriation of funds. The Constitutional Chamber dismissed the amparo, holding that claims regarding the legality of administrative acts (land use, environmental viability, mining concession) are matters of ordinary legality to be discussed in the appropriate administrative or judicial channels. Regarding possible misappropriation, it stated that this falls under the criminal jurisdiction. The Chamber does not act as a legality controller of the Administration.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300027.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300027", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300027" }, { "id": "nexus-sen-1-0007-1300055", "citation": "Res. 16194-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of Amparo for Noise Pollution from Bar Black Moon", "title_es": "Denegatoria de amparo por contaminación sónica del Bar Black Moon", "summary_en": "The Constitutional Chamber dismissed an amparo petition filed by a neighbor of the Bar Black Moon in Poás de Alajuela against the Ministry of Health and the Municipality of Poás for alleged inaction regarding noise pollution from the establishment. The petitioner claimed that excessive noise, particularly at night, harmed residents' health, rest, and right to a healthy environment, and that the authorities had failed to take precautionary measures or resolve their complaints. The Chamber found that the Ministry of Health conducted several inspection visits to the premises and informed the complainant of the need to coordinate a sound measurement to verify the violation, actions that showed attention to the case, albeit without a final resolution. As for the Municipality, it had responded by indicating that noise control is the Ministry's competence and that the bar holds a valid business license. Thus, no fundamental rights violation was proven, and the petition was dismissed, with a reminder for the health authority to complete the process within legal deadlines.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300055.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300055", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300055" }, { "id": "nexus-sen-1-0007-1300102", "citation": "Res. 16256-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition on herbicides and burning in Montealto", "title_es": "Derecho de petición sobre herbicidas y quema en Montealto", "summary_en": "The Constitutional Chamber grants the amparo filed by a resident of San Isidro de Heredia against the Municipality. The petitioner had submitted inquiries about herbicide application by neighbors on the Montealto property, communication from the district council, and a reported agricultural burning. The Municipality responded only partially through report UTGA-146-2024, failing to address several points. The Chamber finds the email used was adequate and the lack of a complete response violates the right of petition. It orders the missing information be provided within ten days and condemns the Municipality to pay costs. Magistrate Castillo Víquez dissents, considering the email was not an official communication channel. The ruling also notes the potential abusive use of the right of petition by the petitioner.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300102.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300102", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300102" }, { "id": "nexus-sen-1-0007-1300123", "citation": "Res. 16284-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Citizen Participation in Environmental Assessment of Bahía Papagayo Tourism Project", "title_es": "Participación ciudadana en evaluación ambiental de proyecto turístico Bahía Papagayo", "summary_en": "The Constitutional Chamber dismisses an amparo petition filed by the Asociación Confraternidad Guanacasteca against the Ministry of Environment and Energy and SETENA, challenging the granting of environmental viability for the mega-tourism project \"Bahía Papagayo,\" categorized as high environmental impact (Category A). The petitioner argued that no public hearing was held, only a local perception survey that revealed 88% of the community was unaware of the project, violating the right to citizen participation in environmental decisions. Following its own precedent (ruling 2025-007718), the Chamber holds that it lacks jurisdiction to review whether SETENA’s chosen participation mechanisms complied with secondary legislation; such review belongs to ordinary (administrative or contentious-administrative) courts. The Chamber notes that SETENA published the EIA in a national newspaper, received no opposition or hearing requests, and employed the local perception study regulated by Decree 32966-MINAE, a valid mechanism that did not require prior dissemination. The disagreement over which method should have been used is deemed a matter of ordinary legality.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300123.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300123", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300123" }, { "id": "nexus-sen-1-0007-1300200", "citation": "Res. 16396-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Gravel road and clogged drains from municipal works do not violate fundamental rights absent imminent risk and prior complaint", "title_es": "Calle en lastre y caños obstruidos por obras municipales no vulneran derechos si no hay riesgo inminente ni denuncia previa", "summary_en": "The Constitutional Chamber examined an amparo filed by a neighbor of Barrio Panamá in Santa Cruz, Guanacaste, who complained that the storm‑water and sanitary sewer works undertaken by the Municipality since mid‑2024 had left the road in gravel, clogged drains with soil, caused stagnant water, foul odors, dust, respiratory illnesses, and flooding that the project failed to remedy. The Chamber denied the appeal after finding that: (i) the project is a major, phased public work and the nuisances are temporary; (ii) the petitioner did not prove the road was impassable or posed a manifest risk to individuals’ physical integrity – a necessary condition for constitutional intervention in such matters; (iii) no prior complaint by the petitioner to the municipality was shown – the only documented warning came from municipal staff – and by the time the amparo was filed the situation had already been addressed; (iv) the foul odors from wastewater stemmed from illegal discharges, a matter for the Ministry of Health. The Chamber therefore held that there was no municipal omission violating fundamental rights that required its protection.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300200.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300200", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300200" }, { "id": "nexus-sen-1-0007-1300373", "citation": "Res. 14028-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber reserves ruling and grants deadline for unconstitutionality action against trawling provision", "title_es": "Sala Constitucional reserva sentencia y otorga plazo para acción de inconstitucionalidad contra norma de pesca de arrastre", "summary_en": "The Constitutional Chamber heard an amparo against INCOPESCA's authorizations for shrimp trawling under the research project 'New Alternatives 2023-2024'. The petitioner alleged violations of the right to a healthy environment, the precautionary principle, food security, access to information, and harm to artisanal fishermen, based on the Constitution and international treaties. The authorities and coadjuvants argued that these were not commercial licenses but research permits under Article 18 of the Fisheries and Aquaculture Law, amended by Law 10155, in compliance with previous Chamber rulings. Technical opinions from CIMAR-UCR, UNA, MarViva, Costa Rica por Siempre, FAICO, and Conservation International were received, pointing out serious methodological flaws and high environmental impact. The Chamber, by majority, decided to reserve the ruling and grant a 15-day period for the petitioner to file an unconstitutionality action against the second paragraph of Article 18, as the proper avenue to analyze the constitutionality of the norm allowing fishing organizations' participation and use of catches. It warns that if the action is not filed, the case will be archived. Magistrates Castillo, Salazar, and Garro dissented, considering the constitutional analysis unnecessary and that the amparo should be resolved with the case file elements.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "13/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300373.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300373", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300373" }, { "id": "nexus-sen-1-0007-1300426", "citation": "Res. 12885-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of abstract amparo against ADI Térraba for lack of personal injury", "title_es": "Inadmisibilidad de amparo abstracto contra ADI Térraba por falta de agravio personal", "summary_en": "The Constitutional Chamber reviewed an amparo filed by an indigenous resident of Térraba against the Integral Development Association (ADI) of that reserve. The claimant argued that the ADI, together with FONAFIFO, introduced payment for environmental services (PSA) programs and other projects like RED+ in the indigenous territory without conducting prior, free, and informed consultation with the entire population, violating Articles 6 and 7 of ILO Convention 169 and Indigenous Law 6172. He also alleged that non‑indigenous persons were included as PSA beneficiaries and that funds were not distributed to the rightful indigenous forest holders. Without entering into the substantive debate on consultation, the Chamber held the amparo inadmissible because the claimant failed to allege a personal, direct, and concrete injury, instead formulating complaints in a general, indiscriminate, and non‑individualized manner, contrary to the standing requirements of the amparo remedy. Consequently, the appeal was denied on procedural grounds, without prejudice to the obligation to consult indigenous peoples.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "procedural-environmental" ], "date": "02/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300426.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300426", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300426" }, { "id": "nexus-sen-1-0007-1300539", "citation": "Res. 14380-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "ASADA must provide data on water construction permits", "title_es": "ASADA debe entregar datos sobre permisos de agua para construcción", "summary_en": "The Constitutional Chamber reviews an amparo action against the ASADA of Uvita and Bahía Ballena for allegedly refusing to provide statistical data on water construction permits from 2000 to 2023, requested by a researcher. The ASADA argued that the initial emails were confusing and did not meet the formal requirements of Article 285 of the General Public Administration Law and Article 4 of Law 9097 (Regulation of the Right to Petition). After several exchanges, the petitioner filed a formal request on April 11, 2024, which was processed and answered on May 21, 2024, with the document 'Statistical information on water service permits in the community of Uvita from 2018 to 2023'. The Court dismisses the amparo, as the information was provided before the notification of the transfer.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300539.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300539", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300539" }, { "id": "nexus-sen-1-0007-1300550", "citation": "Res. 14408-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo compliance: Municipality responds on tree felling and lighting in Filadelfia Park", "title_es": "Cumplimiento de amparo: Municipalidad responde sobre tala e iluminación en Parque de Filadelfia", "summary_en": "The Constitutional Chamber resolves a non‑compliance claim filed by the petitioner against the Municipality of Carrillo regarding compliance with judgment No. 2025008716. That judgment had ordered the mayor and the director of Engineering and Municipal Services to provide a clear and concise response to the petitioner's queries about the Central Park of Filadelfia within five days. The petitioner alleged non‑compliance and requested that the municipality publicly disclose—including via social media—whether there was a State Heritage opinion or binding resolution authorizing the felling and pruning of trees, and the scheduled date for lighting improvements. The Chamber finds that the municipality, by official letter of May 8, 2025, formally responded by email, stating that no opinion authorizes felling or pruning, that no administrative procedure for tree removal has been initiated, and that the lighting improvements have already been completed. The Chamber holds that compliance has been comprehensive, timely, and documented; therefore, the non‑compliance claim is dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300550.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300550", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300550" }, { "id": "nexus-sen-1-0007-1300578", "citation": "Res. 14481-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of electrical service in border zone", "title_es": "Denegatoria de servicio eléctrico en zona fronteriza", "summary_en": "The Constitutional Chamber dismissed this amparo filed against ICE for refusing electrical service to a dwelling located in the border strip with Nicaragua. The petitioner claimed she had met all technical requirements, but ICE justified its refusal on two grounds: first, the initial inspection found she had not prepared the infrastructure (conduit, meter box) and her request was canceled after six months without progress; second, and more critically, the property lies within the Refugio Nacional de Vida Silvestre Corredor Fronterizo, part of the State's Natural Heritage (PNE), according to a municipal certification and a SINAC ruling. ARESEP technical regulations prohibit service in border protection zones without legal authorization. Furthermore, SINAC clarified that the PNE regime allows only limited uses (research, ecotourism, etc.) and Law 9577 forbids new occupations after 2018, without the petitioner proving prior rights. The Chamber held that the denial was not arbitrary and any dispute over the special regime must be aired in ordinary legality channels, not amparo.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300578.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300578", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300578" }, { "id": "nexus-sen-1-0007-1300595", "citation": "Res. 14521-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Vegetation debris from power-line clearing and municipal response", "title_es": "Acumulación de residuos vegetales tras descuaje y respuesta municipal", "summary_en": "The Constitutional Chamber reviews an amparo filed by an elderly person against the Municipality of Bagaces. The petitioner claimed that the Costa Rican Electricity Institute (ICE) left debris and branches in front of his house after power-line clearing, creating a fire hazard and affecting his health. He alleged that despite submitting a request to the municipality on March 10, 2025, he received no solution. During the proceedings, the municipality reported that, although not the cause of the problem, it had removed the debris through a coordinated effort of its road management and public services units. The Chamber holds that the petitioner should have directed his claim to the ICE, the party responsible for the facts, and that the municipality’s action —solving the situation even though it was not its direct responsibility— does not amount to a violation of fundamental rights. Accordingly, the Chamber dismisses the amparo, finding no breach by the respondent municipality.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300595.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300595", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300595" }, { "id": "nexus-sen-1-0007-1300601", "citation": "Res. 14534-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on sewage spill and failure to file prior administrative complaint", "title_es": "Amparo por derrame de aguas negras y falta de denuncia previa", "summary_en": "The Constitutional Chamber dismisses an amparo filed against the Costa Rican Institute of Aqueducts and Sewers (ICAA) and the Municipality of Curridabat regarding an alleged sewage spill that flooded private property and affected a nearby school. The petitioner claimed to have made ten telephone reports without response. However, the ICAA stated that no record of those reports existed, and that after receiving two work orders from other citizens, it resolved the sewer obstruction on April 10, 2025, before being notified of the amparo. The Municipality indicated that the petitioner never filed a formal complaint with that entity. The Court reiterates that the constitutional remedy is not a complaint-processing body and that to attribute an illegitimate omission, the affected party must have first approached the competent authorities—which was not proven. Finding no violation of fundamental rights, the amparo is dismissed. Justices Rueda Leal and Salazar Alvarado attach separate opinions on the standing of legal entities and the link to the right to a healthy environment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300601.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300601", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300601" }, { "id": "nexus-sen-1-0007-1300821", "citation": "Res. 15146-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Colypro's pet-friendly policy at recreation centers", "title_es": "Amparo contra política pet friendly en centros recreativos de Colypro", "summary_en": "The Constitutional Chamber flatly dismisses an amparo petition filed by an active member of the Association of Graduates and Professors in Letters, Philosophy, Sciences and Arts (COLYPRO) against a 'pet-friendly' policy adopted at its recreation centers, allowing dogs and cats without sanitary certification. The petitioner alleged violations of the rights to health, a healthy environment, personal integrity, legal certainty, and a dignified life, citing health regulations prohibiting domestic animals in restaurants and the lack of authorization from the National Animal Health Service (SENASA). The Court declares the petition inadmissible because it cannot serve as a mere procedural instance for environmental or public health complaints, nor as a reviewer of the legality of the professional association's internal rules. The matter should be raised before the competent administrative authorities or ordinary courts, as it concerns internal organization and sanitary control beyond the summary nature of amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300821.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300821", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300821" }, { "id": "nexus-sen-1-0007-1300881", "citation": "Res. 15241-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Garabito Municipality fails to comply with storm sewer construction order", "title_es": "Municipalidad de Garabito no cumple orden de construir alcantarillado pluvial", "summary_en": "The Constitutional Chamber adjudicates a contempt proceeding against the Municipality of Garabito for failing to comply with judgment 2020-010645, which ordered the construction of a storm sewer system to resolve flooding from wastewater in Quebrada Ganado, affecting the petitioner. Despite multiple extensions and reiterations since 2020, the work remains unexecuted. The Chamber finds that, although the municipality undertook administrative steps (studies, budget, complaints), it has not materially complied. However, instead of finding contempt and referring the matter to prosecutors, it grants an additional twelve-month period, citing the technical and legal complexity of the case, including an illegal culvert built by the petitioner himself that obstructs the stream, and the need for inter-institutional coordination to intervene on a public-domain watercourse. It stresses that the reference to a former mayor does not invalidate the order because of the formula “or whoever holds the office.”", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300881.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300881", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300881" }, { "id": "nexus-sen-1-0007-1300925", "citation": "Res. 15339-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber denies amparo challenging technical basis for river protection works on Cañas River", "title_es": "Sala IV rechaza amparo por cuestionamiento técnico a obras de protección fluvial en río Cañas", "summary_en": "The Constitutional Chamber denied an amparo filed by an elderly resident of Desamparados against the Municipality and the National Emergency Commission (CNE). The claimant alleged violations of her rights to life, personal integrity, decent housing, and a healthy environment due to river protection works on the Cañas River, which she considered technically unjustified and risky for her property on the more eroded bank. The Chamber found that her disagreement concerned the areas selected for intervention and the supporting studies—matters for the ordinary administrative or contentious-administrative jurisdiction, not the amparo. It noted that the authorities had acted within their powers and based on technical studies by specialized consultants; a similar complaint about an irregular wall in 2021 had already been addressed. The claimant failed to show omission, imminent risk, or direct violation of fundamental rights, so the amparo was dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300925.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300925", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300925" }, { "id": "nexus-sen-1-0007-1300978", "citation": "Res. 15449-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to Municipal Information on Green Zone Contracts", "title_es": "Acceso a información municipal sobre contrataciones de zonas verdes", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a council member from Desamparados’ central district against the Municipality of Desamparados. The petitioner requested information regarding contracts with the company Mantenimiento de Zonas Verdes Gabelo S.A., specifically whether there were active tenders and a detailed report of those awarded over the past eight years. The municipality failed to respond promptly, prompting the amparo. During the proceedings, the municipal authority provided the requested information, acknowledging there were no active contracts and presenting a table of past awards. The Chamber found that the response was given after the ten-business-day deadline established in Article 32 of the Constitutional Jurisdiction Law, thereby violating the right to petition and access to information. Consequently, it granted the amparo pursuant to Article 52 of the same law, as the violation had ceased, without an award of costs or damages per the majority opinion. Justices Salazar and Jara dissented on the issue of not awarding costs, arguing that abstract condemnation was appropriate.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1300978.json", "html_url": "/legal/doc/nexus-sen-1-0007-1300978", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1300978" }, { "id": "nexus-sen-1-0007-1301004", "citation": "Res. 15498-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must notify results of inspection on earth movement at property boundary", "title_es": "Municipalidad debe notificar resultados de inspección sobre movimiento de tierra en lindero", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of Atenas filed by a resident who reported earth movements by her neighbor, a municipal employee, at the property boundary. She alleged landslide risk and municipal inaction. The Chamber found that while the Municipality conducted a technical inspection and issued a report (document MAT-CCONST-111-2025), it failed to formally notify the petitioner of the results, violating her right to a response. The amparo is partially granted, ordering notification of the report within three days. It clarifies that disputes over damages, boundaries, or civil liability between private parties must be pursued in ordinary courts, not constitutional jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1301004.json", "html_url": "/legal/doc/nexus-sen-1-0007-1301004", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1301004" }, { "id": "nexus-sen-1-0007-1301183", "citation": "Res. 16740-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Compliance with ruling on Bailey bridge and irregular transport on Medio Queso River", "title_es": "Cumplimiento de sentencia por puente Bailey y transporte irregular en río Medio Queso", "summary_en": "The Constitutional Chamber reviews a non-compliance claim filed by a petitioner who alleges breach of ruling No. 2024020399, which ordered the Municipality of Los Chiles and the MOPT to stop irregular transport on the Medio Queso River, install a temporary Bailey bridge, and build a permanent bridge. The municipality reported having remedied the illegal transport, installed and opened the Bailey bridge in November 2024, and was executing the permanent work. The petitioner argued that the Bailey bridge was presented as permanent and that irregularities persisted. The Chamber finds that the authorities took the required steps and dismisses the claim, clarifying it is not within its purview to define technical solutions, and redirects any dissatisfaction to administrative or ordinary legality channels.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "03/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1301183.json", "html_url": "/legal/doc/nexus-sen-1-0007-1301183", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1301183" }, { "id": "nexus-sen-1-0007-1301289", "citation": "Res. 16876-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Telecom tower installation does not threaten health or environment", "title_es": "Instalación de torre de telecomunicaciones no amenaza salud ni ambiente", "summary_en": "The Constitutional Chamber summarily dismisses an amparo petition against the installation of a telecommunications tower near the petitioner's home. The petitioner, who suffers from multiple health conditions and uses a wheelchair, alleged that the tower would affect her health, pedestrian traffic, property value, and urban landscape. The Court reiterates its settled case law: there is no scientific evidence that cell phone towers pose a risk to health or the environment; their emissions are low-power and harmless. It emphasizes that the installation of such infrastructure is a matter of public interest. Moreover, the Chamber does not act as a controller of administrative legality, so objections regarding permits and distance between towers must be raised through ordinary administrative or judicial channels. Here, one of the petitioners had already filed a complaint with the Municipality of Heredia, where her claims should be processed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "03/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1301289.json", "html_url": "/legal/doc/nexus-sen-1-0007-1301289", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1301289" }, { "id": "nexus-sen-1-0007-1301380", "citation": "Res. 17913-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Order to rebuild indigenous school Nibiribotdä", "title_es": "Orden de reconstruir escuela indígena Nibiribotdä", "summary_en": "The Constitutional Chamber granted an amparo filed by a resident and member of the Comte Burica Indigenous Local Education Council against the Ministry of Public Education (MEP) and the Ministry of Health. The complaint alleged that the Nibiribotdä school, built in 1989, had serious structural and sanitary deficiencies documented since 2018 through unfulfilled sanitary orders. Despite multiple community efforts, the MEP had not set a date for constructing a new school, leaving students and teachers in unsanitary and unsafe conditions. The Chamber found that the Educational Infrastructure Directorate was only preparing a funding request, with no substantial progress in nearly six years, and that the 2018 sanitary order remained severely breached. It held that the State’s omission violated the fundamental right to education and endangered the students’ safety. It ordered the MEP to complete the required infrastructure works within eighteen months, and the Ministry of Health to regularly ensure compliance with health regulations. The State was ordered to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1301380.json", "html_url": "/legal/doc/nexus-sen-1-0007-1301380", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1301380" }, { "id": "nexus-sen-1-0007-1301483", "citation": "Res. 14306-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Summary dismissal for lack of standing in unconstitutionality action against Decree 43810", "title_es": "Rechazo de plano por falta de legitimación activa en acción de inconstitucionalidad contra Decreto 43810", "summary_en": "The Constitutional Chamber summarily dismisses an unconstitutionality action filed by several human rights organizations against Executive Decree No. 43810-MGP, which amended the Refugee Regulations. The Chamber analyzes the petitioners' standing and concludes that neither of the invoked grounds—diffuse interests or corporate interests—is satisfied. Regarding diffuse interests, the Chamber notes that immigration law is not per se a matter of diffuse interest under its case law and that the challenged provisions are susceptible to individual application to identifiable persons, who have already sought habeas corpus relief. On corporate interests, the petitioners' generic assertions fail to demonstrate that their members are in fact refugees or asylum seekers, and broadly worded human rights purposes do not confer unconditional standing. The action is also dismissed as to one organization whose legal representation was not properly accredited. Three justices write separately on the point of diffuse interests but concur in the dismissal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1301483.json", "html_url": "/legal/doc/nexus-sen-1-0007-1301483", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1301483" }, { "id": "nexus-sen-1-0007-1301578", "citation": "Res. 17905-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo granted for failure to respond to complaints about the Los Negritos stream", "title_es": "Amparo resuelve por falta de respuesta a denuncias sobre la quebrada Los Negritos", "summary_en": "The Constitutional Chamber granted an amparo filed by a Montes de Oca resident against the Municipality of Montes de Oca, SINAC, and the CNE. The petitioner claimed that authorities had failed to respond to several requests filed between April and November 2024 concerning illegal civil works that are constricting the Los Negritos stream, endangering property and personal safety. The Chamber found that the administrations had not fully and definitively resolved the petitioner's requests despite more than a year having passed. It rejected the argument that the case should be referred to the administrative litigation courts, considering that delays in addressing environmental complaints that endanger life and integrity are an exception that warrants amparo relief. The Municipality, SINAC, and CNE were ordered to resolve the requests within two months and to provide a requested report within ten days. Magistrate Salazar Alvarado dissented, arguing the matter should be handled through ordinary legality review.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1301578.json", "html_url": "/legal/doc/nexus-sen-1-0007-1301578", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1301578" }, { "id": "nexus-sen-1-0007-1301579", "citation": "Res. 17901-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative omission in the Barucito River protection zone — Amparo partially granted", "title_es": "Omisión administrativa en zona de protección del río Barucito — Amparo parcialmente con lugar", "summary_en": "The Constitutional Chamber examined an amparo filed by a citizen against the Municipality of Pérez Zeledón and the Ministry of Environment and Energy (MINAE) for the unauthorized construction of tourist infrastructure (platforms and ramps) within the protection zone of the Barucito River and an unnamed stream. The petitioner alleged violations of the right of access to information and the right to a healthy environment. The Chamber partially granted the amparo: it found that the information requests had been attended, so no violation of the right of petition occurred. However, it found a serious and systematic omission by the respondent authorities in effectively protecting the water protection area. Despite the existence of an administrative precautionary measure, inspections and criminal complaints, the illegal works continued and remained in active use. The Chamber ordered the Municipality to take all necessary measures to enforce the closure, and ordered the environmental authorities to coordinate actions to remove the illegal constructions, establishing a permanent inter-institutional oversight mechanism. The ruling reaffirms that the protection under Article 50 of the Constitution requires real and verifiable actions, not merely formal ones.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "water-law" ], "date": "13/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1301579.json", "html_url": "/legal/doc/nexus-sen-1-0007-1301579", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1301579" }, { "id": "nexus-sen-1-0007-1301607", "citation": "Res. 12000-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of water availability due to lack of hydraulic capacity is not arbitrary", "title_es": "Denegatoria de disponibilidad de agua por falta de capacidad hídrica no es arbitraria", "summary_en": "The petitioner, owner of a home in CoopeTivives, Caldera de Esparza, filed an amparo action against the Costa Rican Institute of Aqueducts and Sewers (ICAA) for repeatedly denying water availability for her lot. She claimed the denial violated her fundamental rights, especially since she had received a positive availability in 2021 that she failed to renew, and because surrounding lots already had service. The ICAA justified the denials based on the lack of hydraulic capacity in System PC-A-12, which is deficient and cannot accommodate new connections without harming existing users. It also noted that the temporary connection in November 2024 was a material mistake by its employees, and that an illegal connection was detected on the petitioner's property in December 2024. The Constitutional Chamber denied the appeal, holding that the ICAA's technical reasons were neither arbitrary nor unjustified. It stated that if the petitioner wishes to challenge the technical criteria or the grounds for denial, she must do so through administrative or contentious-administrative proceedings.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1301607.json", "html_url": "/legal/doc/nexus-sen-1-0007-1301607", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1301607" }, { "id": "nexus-sen-1-0007-1301627", "citation": "Res. 12151-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Resolution of complaint regarding irregular use of water resources by ASADA San Isidro de Cóbano", "title_es": "Atención de denuncia sobre uso irregular de recursos hídricos por ASADA de San Isidro de Cóbano", "summary_en": "The Constitutional Chamber reviews an amparo appeal filed by a user against the Costa Rican Institute of Aqueducts and Sewers (AyA), alleging failure to respond to a complaint regarding irregular use of water resources by the ASADA of San Isidro de Cóbano. The appellant claimed that over two months had passed without an answer. The Chamber verifies that the complaint was addressed by the Communal Systems Sub-Management on January 27, 2025, and notified to the appellant the same day. Thus, the Chamber concludes that the alleged omission did not occur and that mere dissatisfaction with the response is not a matter for amparo. It dismisses the appeal, reiterating that disputes over administrative procedural deadlines belong to the contentious-administrative jurisdiction, with limited exceptions. The ruling underscores that amparo is not the proper mechanism to challenge the substance of administrative decisions.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1301627.json", "html_url": "/legal/doc/nexus-sen-1-0007-1301627", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1301627" }, { "id": "nexus-sen-1-0007-1301768", "citation": "Res. 14553-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Potable water and sanitary sewer connection on private property", "title_es": "Conexión de agua potable y alcantarillado sanitario en propiedad particular", "summary_en": "The Constitutional Chamber reviews an amparo action against the Costa Rican Institute of Aqueducts and Sewers (AyA) for delay in connecting potable water service requested by the petitioner in February 2025 for her property in Curridabat, where she planned to build a house adapted for her son with motor disabilities. Although AyA approved the water connection on March 17, 2025, and codified it on March 31, the physical installation only occurred on April 23, 2025, after notification of the ruling admitting the amparo. The Chamber grants the amparo under Article 52 of the Constitutional Jurisdiction Law, as the violation ceased during the proceedings, but without awarding costs or damages according to the majority opinion, which is the subject of a partial dissenting vote. The Chamber discusses its competence vis-à-vis the administrative-contentious jurisdiction and the appropriateness of pecuniary condemnation in cases of abnormal termination of amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1301768.json", "html_url": "/legal/doc/nexus-sen-1-0007-1301768", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1301768" }, { "id": "nexus-sen-1-0007-1301915", "citation": "Res. 18721-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Accession to MARPOL Convention: no constitutional defects found", "title_es": "Adhesión al Convenio MARPOL: inexistencia de vicios constitucionales", "summary_en": "The Constitutional Chamber ruled on the mandatory legislative consultation regarding the bill to approve Costa Rica's accession to the International Convention for the Prevention of Pollution from Ships, 1973, its Protocols and Annexes (MARPOL). The Chamber reviewed the legislative process, the content of the convention, and the current national circumstances, concluding that there are no procedural or substantive constitutional defects. It emphasized that, unlike a previous ruling (Decision 6618-99) which deemed the convention unconstitutional due to the State's inability to comply, Costa Rica now has the necessary infrastructure, regulations, professional training, and international cooperation to implement it without endangering the right to a healthy environment. The Chamber analyzed the reservation made to Article 16 of the convention (concerning amendments) and found it compatible with the Constitution, distinguishing between substantive amendments (requiring legislative approval) and lower-rank protocols (not requiring it). Ultimately, the bill does not violate the Constitution.", "primary_topic_id": null, "topic_ids": [], "date": "18/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1301915.json", "html_url": "/legal/doc/nexus-sen-1-0007-1301915", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1301915" }, { "id": "nexus-sen-1-0007-1302102", "citation": "Res. 02179-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against denial of water availability for property in hydric-deficit system", "title_es": "Amparo por denegatoria de disponibilidad de agua potable en sistema con déficit hídrico", "summary_en": "The Constitutional Chamber examines an amparo filed by the owner of a property in San Miguel de Barranca, Puntarenas, after the Costa Rican Institute of Aqueducts and Sewers (AyA) denied her request for potable water and sewer availability to build a low-income housing unit. The petitioner argues that nearby homes do have service, which she considers discriminatory. AyA reports that the PC-A-19 system has negative water balance and cannot guarantee supply without affecting existing users, pursuant to AyA’s Service Provision Regulations. The Chamber reiterates its consistent precedent: denying water service based on objective technical or legal reasons does not violate fundamental rights, provided the decision is not arbitrary. Here, the denial was grounded in actual, current unavailability of water resources. Accordingly, the amparo is dismissed. The Chamber also notes that amparo is not the proper forum to debate technical feasibility and advises the petitioner to pursue administrative or contentious-administrative remedies.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "24/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1302102.json", "html_url": "/legal/doc/nexus-sen-1-0007-1302102", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1302102" }, { "id": "nexus-sen-1-0007-1302271", "citation": "Res. 13026-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water meter installation after four-month delay", "title_es": "Instalación de medidor de agua tras demora de cuatro meses", "summary_en": "The Constitutional Chamber heard an amparo appeal against AYA for delay in installing a potable water meter requested on November 21, 2024. Although feasibility was approved on December 6, 2024 and the user was notified on December 11, 2024, the service had not been installed by the time the appeal was filed on April 2, 2025, more than four months later. The Chamber held that this period was not reasonable and granted the appeal, even though installation occurred two days after the appeal was notified. The majority decided without awarding costs, damages, or prejudice, applying Article 52 of the Constitutional Jurisdiction Law, since the harm ceased during the proceedings. Judges Salazar and Jara dissented in part, holding that all those items should be awarded; Judge Garro dissented in part, ordering damages and prejudice but not costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1302271.json", "html_url": "/legal/doc/nexus-sen-1-0007-1302271", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1302271" }, { "id": "nexus-sen-1-0007-1302322", "citation": "Res. 13207-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of non-compliance claim in amparo judgment on water system project", "title_es": "Desestimatoria de incumplimiento de sentencia de amparo en proyecto de acueducto", "summary_en": "The Constitutional Chamber resolves a follow-up petition in an amparo proceeding where the petitioner accused the Costa Rican Institute of Aqueducts and Sewers (AyA) of disobeying a previous judgment that ordered the guarantee of his right to drinking water. The original judgment (2018-002405) was issued in the context of lack of continuous access to water services in the community of Berlín. Subsequently, the Chamber extended the compliance deadline until December 30, 2025, requiring quarterly reports. In this new petition, AyA demonstrated progress in a structural project with INDER, including planning, municipal land-use approval, environmental viability exemption due to low impact, coordination with MIDEPLAN, and purchase of PVC piping. It also proved that it maintains a provisional supply via a tank refilled weekly by tanker truck, even though the petitioner's property is outside the current technical coverage area. The Chamber finds that AyA is within the extended deadline and is complying with the ordered provisional measures, thus dismissing the petition for lack of evidence of non-compliance, without imposing sanctions.", "primary_topic_id": null, "topic_ids": [ "water-law", "_off-topic" ], "date": "06/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1302322.json", "html_url": "/legal/doc/nexus-sen-1-0007-1302322", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1302322" }, { "id": "nexus-sen-1-0007-1302444", "citation": "Res. 13555-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water request on pastureland without approved land-use change", "title_es": "Solicitud de agua en potrero sin cambio de uso aprobado", "summary_en": "The Constitutional Chamber reviews an amparo against the Costa Rican Institute of Aqueducts and Sewers (AyA) and the Municipality of Pococí for delay in resolving a water availability application for a pastureland property intended for commercial and residential development. The applicant argued that the lack of response prevented him from obtaining construction permits. The Chamber finds that AyA processed the application diligently, conducted an inspection, requested additional information, and consulted the Municipality regarding land use. The delay was caused by the Municipality, which responded only after being notified of the amparo. The final denial of water service was based on the applicant’s failure to meet regulatory requirements, including municipal authorization for land-use change and a Ministry of Agriculture study. The Chamber partially grants the amparo against the Municipality for violating the right to prompt administrative justice, but denies it against AyA. By majority, no costs or damages are awarded; two judges dissent and order abstract condemnation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1302444.json", "html_url": "/legal/doc/nexus-sen-1-0007-1302444", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1302444" }, { "id": "nexus-sen-1-0007-1302502", "citation": "Res. 13800-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas Corpus for Prison Conditions and Denied Medical Care at CAI Terrazas", "title_es": "Hábeas corpus por condiciones carcelarias y atención médica denegada en CAI Terrazas", "summary_en": "The Constitutional Court reviewed a habeas corpus petition filed by the siblings of a prisoner at the Terrazas Institutional Care Center. Petitioners alleged that the inmate was transferred against his will, suffers cruel and inhumane treatment, lacks medical care and medication for chronic conditions (hypertension, antisocial personality disorder, low back pain), has been assaulted by security personnel, and that his cell conditions are inadequate. The Court analyzed sworn reports from authorities, which demonstrated that the inmate receives medication and a therapeutic diet, that the individual cell meets adequate sanitary conditions per a Ministry of Health inspection, that he was placed there for security reasons due to rejection by other inmates, and that the inmate himself refused a scheduled transfer to the Forensic Medicine Unit. The Court dismissed the petition, finding no violation of his fundamental rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1302502.json", "html_url": "/legal/doc/nexus-sen-1-0007-1302502", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1302502" }, { "id": "nexus-sen-1-0007-1303093", "citation": "Res. 18787-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Physical-sanitary deficiencies at Miramar High School", "title_es": "Deficiencias físico-sanitarias en el Liceo de Miramar", "summary_en": "The Constitutional Chamber granted an amparo filed by the father of two Miramar High School students, who were affected by the serious physical-sanitary deficiencies of the educational center. It was found that the high school lacked sufficient capacity (40% overcrowding and a shortage of at least 12 classrooms), forcing the use of inadequate makeshift spaces. Additionally, it had non-compliance with sanitary orders regarding the gymnasium, lack of valid certificates for electrical and LP gas facilities, absence of an operating permit, poor condition of the perimeter fence, and deficiencies in sanitary services, washbasins, drinking fountains, accessibility, and safety conditions. The Chamber linked the right to education with the right to health and a healthy environment (Constitutional Articles 50 and 21), determining that the inaction of the Ministry of Public Education's Department of Educational Infrastructure and Equipment violated the students' fundamental rights, despite multiple unsuccessful efforts by the school's administration and board. The Ministry was ordered to correct the deficiencies and build the necessary infrastructure within one year.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303093.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303093", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303093" }, { "id": "nexus-sen-1-0007-1303095", "citation": "Res. 18805-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to Water and AyA's Duties in Nambí Supply Shortage", "title_es": "Derecho al agua y deberes de AyA ante desabastecimiento en Nambí", "summary_en": "The Constitutional Chamber granted an amparo filed by a resident of Nambí de Nicoya, Guanacaste, against the Costa Rican Institute of Aqueducts and Sewers (AyA). It was proven that since October 2023, the community has suffered a persistent shortage of drinking water, with frequent and unannounced cuts lasting up to three continuous days. AyA itself acknowledged that the current pumping flow (6.5 l/s) is insufficient to meet demand, which requires at least 9 l/s. Although the institution carried out some repairs and plans to replace piping, it failed to present a concrete schedule or defined deadlines for a comprehensive solution. The Chamber reiterated that the human right to drinking water, recognized constitutionally and through international instruments, obliges public administrations to provide this essential service continuously, efficiently, and effectively. It ordered AyA to immediately guarantee a daily and sufficient supply to the population whenever the interruption exceeds six hours, and to implement within a maximum of eighteen months all necessary measures so that the service is provided in an efficient, effective, and continuous manner.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303095.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303095", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303095" }, { "id": "nexus-sen-1-0007-1303096", "citation": "Res. 18830-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal omission in addressing clandestine party complaints", "title_es": "Omisión municipal en atender denuncias de fiestas clandestinas", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of several communities in Guápiles against the Municipality of Pococí. The plaintiffs claim that since 2019 public roads have become clandestine party sites, with alcohol and drug consumption, loud music, and gunfire, without effective municipal action. Although the Municipal Council held working sessions and agreed on measures such as installing posts, marking the area, and relocating cameras, the Chamber finds these actions were not implemented. It holds that an unreasonable delay without proper attention violates the residents' rights. The amparo is granted, ordering the municipality to take the necessary actions within two months to address and resolve the complaints. The Chamber clarifies it is not its role to determine land-use compatibility of a business, directing that issue to ordinary courts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303096.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303096", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303096" }, { "id": "nexus-sen-1-0007-1303354", "citation": "Res. 11865-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "CORBANA's Amparo Against Semanario Universidad for Right of Rectification and Reply", "title_es": "Amparo de CORBANA contra Semanario Universidad por derecho de rectificación y respuesta", "summary_en": "The Constitutional Chamber dismissed the amparo filed by the National Banana Corporation (CORBANA) against the Semanario Universidad of the University of Costa Rica. CORBANA claimed the outlet violated its right of rectification and reply by failing to publish a response to an article dated January 15, 2025, which it argued reproduced inaccurate and offensive information about the Costa Rican banana sector based on international reports regarding the use of pesticides banned in Europe. The Chamber rejected the appeal on two grounds: first, it was not filed within a reasonable time—the request for rectification was made in January and the amparo was filed more than two months later, exceeding the two-month period set forth in Article 35 of the Constitutional Jurisdiction Law. Second, the petitioner itself, on the same day as the request, asked the outlet to disregard the submitted text and announced it would send a final version, which was never received; thus, the essential requirement of attaching the definitive rectification text was not met. The Chamber stressed the need for immediacy in exercising this right.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303354.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303354", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303354" }, { "id": "nexus-sen-1-0007-1303630", "citation": "Res. 09488-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noise Pollution from Vehicular Traffic and Institutional Jurisdiction", "title_es": "Contaminación sónica por tránsito vehicular y competencias institucionales", "summary_en": "The Constitutional Chamber dismissed an amparo filed by residents of the Francosta Condominium in Heredia, who complained about noise pollution from truck traffic and parking related to the Tinza Fiscal Warehouse. The petitioners claimed that the Ministry of Health and the Municipality of Heredia failed to address the problem and that the municipality removed a road marking that had prevented truck parking. The Chamber found that the Ministry of Health acted within its jurisdiction by conducting site inspections and issuing technical reports concluding that the noise did not meet the regulatory criteria of continuity and frequency for sonic pollution, and that the main noise source was on public roads, which falls under traffic authorities. Regarding the municipality, it took concrete actions, including reinstalling the road marking, and its decisions on traffic signage are matters of ordinary legality, not subject to amparo review. The amparo was dismissed as no fundamental rights violation was proven.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303630.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303630", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303630" }, { "id": "nexus-sen-1-0007-1303637", "citation": "Res. 09506-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of water availability due to technical insufficiency", "title_es": "Denegación de disponibilidad de agua por insuficiencia técnica", "summary_en": "The Constitutional Chamber reviewed an amparo against the ASADA of Miravalles and AyA for denying a water availability permit needed to build a house. The petitioner claimed that a 2021 availability approval was ignored when he reapplied in 2024 and that the denial based on a technical study showing water deficit violated due process, the right to water, and equal treatment. The Chamber found the denial was grounded on objective technical reasons —a potable water deficit in the area— not arbitrariness. It reiterated that the fundamental right to water is not absolute and may be subject to technical requirements and material availability of the resource. Since the ASADA acted based on technical criteria and the Chamber cannot replace the administration in evaluating such criteria, the amparo was denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303637.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303637", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303637" }, { "id": "nexus-sen-1-0007-1303649", "citation": "Res. 09530-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to a Healthy Environment in Flooding and Lack of Maintenance of Chagüite Creek", "title_es": "Derecho al ambiente sano frente a inundaciones y falta de mantenimiento de la Quebrada Chagüite", "summary_en": "The Constitutional Chamber denies an amparo action filed by a resident against ICE and the Ministry of Health, alleging that stormwater discharges from ICE's Barranca facility in Puntarenas and lack of maintenance of Chagüite Creek cause flooding and health impacts on nearby communities. A RECOPE diesel spill is also reported. The Chamber finds insufficient evidence of harmful conduct by ICE, since it was shown that the stormwater management is partial, periodic maintenance is carried out, and flooding is due to a deficient sewer system, the closure of a culvert for the Monseñor Sanabria Hospital construction, and accumulation of waste by private individuals. Regarding the spill, the Ministry of Health has already taken appropriate measures: a sanitary order and a complaint to the Environmental Administrative Tribunal. The Chamber reaffirms the right to a healthy environment under Article 50 of the Constitution and the precautionary principle, but emphasizes that constitutional jurisdiction requires proven state inaction or imminent danger, which is not established here.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303649.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303649", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303649" }, { "id": "nexus-sen-1-0007-1303685", "citation": "Res. 09610-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for reforestation plan copy via unofficial email", "title_es": "Solicitud de copia de plan de reforestación por correo no oficial", "summary_en": "The petitioner requested from the Municipality of La Unión, via email, a copy of a reforestation project at Condominio Barlovento. The Constitutional Chamber determined that the request was sent to an unofficial email address, so no violation of the right to petition and access to information could be found. During the amparo proceedings, the municipality responded by explaining that no formal reforestation plan existed; instead, it had provided support for community requests and detailed interventions carried out within the María Aguilar Interurban Biological Corridor. The Chamber denied the appeal.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303685.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303685", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303685" }, { "id": "nexus-sen-1-0007-1303818", "citation": "Res. 09940-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with order to resolve environmental complaint", "title_es": "Incumplimiento de orden de resolver denuncia ambiental", "summary_en": "The Constitutional Chamber addressed a non-compliance action against the Environmental Administrative Tribunal (TAA) regarding the order issued in Judgment No. 2024-012481 of May 10, 2024. In that ruling, the Chamber granted an amparo for violation of the right to prompt and complete justice (Art. 41 of the Constitution) due to the TAA's prolonged failure to definitively resolve the environmental complaint under file No. 286-04-03-TAA, which dates back to 2004. A non-extendable three-month deadline was set. That deadline expired without the TAA issuing a final decision; the TAA cited internal difficulties such as lack of quorum, technical complexity, and a judge's maternity leave. The Chamber rejected these excuses, holding that internal organizational issues do not justify non-compliance with a constitutional order, particularly in environmental matters requiring special protection, and reiterated the order, warning that failure to comply would result in referral of the matter to the Public Prosecutor's Office.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303818.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303818", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303818" }, { "id": "nexus-sen-1-0007-1303819", "citation": "Res. 09941-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with health order enforcement against INCOFER", "title_es": "Inejecución de sentencia sobre orden sanitaria en predio del INCOFER", "summary_en": "The Constitutional Chamber reviewed a non-compliance claim alleging that the Costa Rican Railroad Institute (INCOFER) failed to obey Ruling No. 2025-003649, which required INCOFER to comply with a health order (MS-DRRSCE-DARSP-OS-0209-2024) from the Ministry of Health. The order mandated elimination of infectious sources, waste management, and prevention of third-party access to a property in La Joya de Paraíso, Cartago, to safeguard public health and the environment. INCOFER stated that before the deadline (February 17, 2025), it requested a six-month extension from the Ministry to coordinate actions with the Municipality of Paraíso. The Chamber held that since the extension was sought from the competent health authority, no contempt of the ruling occurred. The non-compliance claim was dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303819.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303819", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303819" }, { "id": "nexus-sen-1-0007-1303948", "citation": "Res. 10239-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "School cafeteria conditions and disciplinary complaint against a teacher in a public school", "title_es": "Condiciones del comedor escolar y denuncia disciplinaria contra docente en escuela pública", "summary_en": "The Constitutional Court dismissed a writ of amparo filed by the mother of two students at the Tejarcillos School, who claimed that the cafeteria conditions were inadequate (lack of infrastructure, presence of pests) and that a teacher treated her daughter in a discriminatory manner. After reviewing reports from the Ministry of Public Education and the local health authority, the Court found no violation of fundamental rights. It verified that the school does have a roofed area for food consumption, that the contracted food service holds a valid health permit, and that hygiene conditions are adequate according to a 2025 inspection. Regarding the complaint against the teacher, the school had already forwarded it to the MEP's Disciplinary Management Department, and any claims of insults or threats must be pursued through ordinary judicial channels. As for the nutritional quality of the meals, the Court referred to a previous ruling (exp. 24-021070-0007-CO) ordering the authorities to ensure appropriate nutrition for students.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303948.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303948", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303948" }, { "id": "nexus-sen-1-0007-1303970", "citation": "Res. 10295-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Use of Non-Official Institutional Email Does Not Trigger Duty to Respond", "title_es": "Uso de correo institucional no oficial no activa el deber de respuesta", "summary_en": "The Constitutional Chamber dismisses the amparo action filed against the Municipality of Grecia for failure to respond to a request for information. The petitioner sent her request to a personal email address of a municipal official, which did not constitute an official channel established by the municipality for receiving citizen petitions. The Chamber holds that the public administration only has a legal duty to respond when requests are submitted through the official and publicly available institutional channels. Although the use of informal channels does not in itself create an obligation to respond, the Chamber clarifies that such an obligation does arise when there is evidence that the request was actually processed internally, for instance by means of an acknowledgment of receipt, referral, or formal forwarding within the administrative structure. In this case, since there was no proof that the request was formally received or processed, and given that a clearly publicized official channel exists (managed by the Office of Service Oversight), the Chamber finds no violation of the fundamental right to petition and timely response enshrined in Article 27 of the Political Constitution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303970.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303970", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303970" }, { "id": "nexus-sen-1-0007-1303972", "citation": "Res. 10298-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for information on an incarcerated relative is an exhortation, not an actionable petition", "title_es": "Solicitud de información a familiar privado de libertad es una exhortación, no una petición amparable", "summary_en": "The Constitutional Chamber reviews an amparo appeal filed by a relative of an inmate, who requested information from the Ministry of Justice and Peace regarding the legal status and prison conditions of their family member. The request was submitted on February 6, 2025, through communication DMSR-40-2025, expressing concerns about lack of knowledge of the sentence, inability to access the judicial file, and exclusion from hearings. The Chamber finds that the appellant's communication does not constitute a simple petition or an information request as required by Article 27 of the Constitution and Article 32 of the Constitutional Jurisdiction Law, but rather an exhortation or request for assistance, aimed at having the Minister consider the situation and act accordingly. Based on established case law (rulings 2024008805, 2022018615, 2022021561, 2023019751, among others), the Chamber holds that exhortations do not compel the authority to issue a formal response, and the lack of a reply does not violate the right to petition or to prompt resolution. Moreover, the administration did forward the request and provided reports to the applicant on February 28, 2025. The appeal is dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1303972.json", "html_url": "/legal/doc/nexus-sen-1-0007-1303972", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1303972" }, { "id": "nexus-sen-1-0007-1304208", "citation": "Res. 10972-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental Amparo Inadmissible for Premature Filing", "title_es": "Inadmisibilidad de amparo ambiental por plazo no vencido", "summary_en": "This amparo was filed against the Ministry of Health for failing to act on a noise pollution complaint concerning the Chorys restaurant. The complainant alleged that amplified music and live events exceeded permissible decibel levels, harming neighbors' health and rest. The complaint was lodged on March 12, 2025, with the local health authority, but no inspection had been carried out. The Constitutional Chamber found the amparo inadmissible as premature: since the matter is environmental, a two-month reasonable period for the authority to resolve applies, which had not expired at the time of filing. The court invokes the right to prompt administrative justice (article 41 of the Constitution) and its case law on reasonable deadlines. The amparo is rejected outright, without reaching the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1304208.json", "html_url": "/legal/doc/nexus-sen-1-0007-1304208", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1304208" }, { "id": "nexus-sen-1-0007-1304630", "citation": "Res. 11983-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied for excessive noise after alarm seizure", "title_es": "Rechazo de amparo por ruido excesivo tras decomiso de alarma", "summary_en": "The Constitutional Chamber denies an amparo action against the Ministry of Health and the Ombudsman, filed by a neighbor in Dominical who claimed authorities failed to act on an excessively loud alarm installed on a public road, which allegedly caused two restaurants to close. The Chamber found that the local health authority issued a sanitary order in May 2024, served it in October 2024, and when the respondent refused to comply, imposed a fine and coordinated with the police to seize the device in November 2024. By the time the amparo was served on the health authority, the problem had already been resolved. Regarding the Ombudsman, the Chamber notes that the petitioner did not attribute any specific omission to that office and that it had followed up appropriately. The amparo is denied.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1304630.json", "html_url": "/legal/doc/nexus-sen-1-0007-1304630", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1304630" }, { "id": "nexus-sen-1-0007-1304645", "citation": "Res. 12052-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Home near collapsed gabion wall found structurally safe", "title_es": "Vivienda cercana a muro de gaviones colapsado no presenta riesgo estructural", "summary_en": "The Constitutional Chamber analyzes an amparo action filed by a visually impaired person who claimed his home was at risk due to a landslide caused by the collapse of a gabion wall on the Tiribí riverbank in San Francisco de Dos Ríos. The petitioner alleged a violation of his right to a prompt and complete justice, as well as risk to his life and physical integrity. After examining the actions of the Municipality of San José, CONAVI, and the Metropolitan Southeast Health Area, the Chamber found that the authorities acted diligently: they conducted on-site inspections, issued technical reports, and coordinated actions within their competencies. The municipality could not perform appraisals on private property but instructed the petitioner to hire a certified engineer. CONAVI verified no structural damage to the vehicular bridge, and the Health Area determined the dwelling was not dangerous for its occupants. Consequently, the Chamber denies the amparo, finding no violation of the petitioner's fundamental rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1304645.json", "html_url": "/legal/doc/nexus-sen-1-0007-1304645", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1304645" }, { "id": "nexus-sen-1-0007-1304661", "citation": "Res. 12111-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Environmental Complaint Without Response and Access to File", "title_es": "Amparo por denuncia ambiental sin respuesta y acceso al expediente", "summary_en": "The Constitutional Chamber hears an amparo appeal against the Ministry of Health for failing to provide a formal response to an environmental complaint regarding noise and wastewater pollution filed in August 2024, and for denying access to the case file and a copy of the complaint. The Chamber finds that the complaint has been handled diligently, with inspections carried out and the complainant kept informed; thus, there was no unjustified delay, and the right to prompt justice under Article 41 of the Constitution was not violated. However, with regard to access to information, it is established that the Administration required the complainant to fill out a request form justifying the reasons for his request, without considering his physical disability (injured left hand, left-handed), which constitutes an undue barrier to the exercise of the right to petition and access public information, enshrined in Articles 30 and 41 of the Constitution. The amparo is partially granted, ordering the delivery of a copy of the complaint and the administrative file within three days, with the warning to reserve sensitive data and the interested party bearing the cost.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1304661.json", "html_url": "/legal/doc/nexus-sen-1-0007-1304661", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1304661" }, { "id": "nexus-sen-1-0007-1304677", "citation": "Res. 12179-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed for prior municipal response to information request", "title_es": "Desestimación de amparo por respuesta municipal previa a la audiencia", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by a deputy against the Municipality of Pérez Zeledón. The petitioner claimed that his December 12, 2024 request for information on compliance with a prior constitutional judgment had gone unanswered. However, it was proven that before the Municipality was notified of the amparo, it issued and notified the petitioner with official letters OFI-0840-25-DAM and OFI-0446-25-PGV dated March 31, 2025, detailing actions taken, the project's current status (pre-investment phase), and reasons why physical execution had not begun, including adherence to budget planning and approved schedules. The Chamber found the response was complete and timely, thus no current violation of fundamental rights remained, and the amparo was dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1304677.json", "html_url": "/legal/doc/nexus-sen-1-0007-1304677", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1304677" }, { "id": "nexus-sen-1-0007-1304683", "citation": "Res. 12191-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response by the Ministry of Health", "title_es": "Amparo por falta de respuesta del Ministerio de Salud", "summary_en": "The Constitutional Chamber hears an amparo filed against the Ministry of Health for failing to respond to a request for information submitted on January 21, 2025, concerning complaints, sanitary orders, and inspections related to the company Green Pallet. Before being notified of the amparo, the respondent authority issued and notified a response via official letter dated April 1, 2025, addressing each point in detail. The Chamber holds that the harmful situation ceased before its intervention, as the reply was provided without a court order. Applying the dispositive principle, it dismisses the amparo, finding no ongoing violation of fundamental rights due to lack of response. The parties are also warned to retrieve any physical documents within thirty business days.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1304683.json", "html_url": "/legal/doc/nexus-sen-1-0007-1304683", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1304683" }, { "id": "nexus-sen-1-0007-1304933", "citation": "Res. 15242-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Compliance with order for water supply in El Jardín community", "title_es": "Cumplimiento de orden para abastecimiento de agua en comunidad El Jardín", "summary_en": "The Constitutional Chamber rules on a second contempt petition against the Costa Rican Institute of Aqueducts and Sewers (ICAA) and the Municipality of Golfito. The original 2022 judgment partially granted the amparo and ordered ICAA to define, within two months, the provision of drinking water service to the community of El Jardín and, if actions were needed, to establish stages, a schedule, and responsibilities. ICAA determined that supply would be provided via an extension of the Conte de Pavón ASADA aqueduct, using pipes donated by the municipality and AyA. Although a formal schedule was not initially set because the project originated from a municipal and ASADA initiative, the Chamber finds the order fulfilled: the technical solution was defined and ICAA has participated in technical direction and material contributions. The Chamber dismisses the contempt petition but urges ICAA to complete installation of the remaining 1,700 meters of pipe, whose delay is due to logistical and weather problems, not deliberate disobedience. The Municipality of Golfito had already been absolved in the underlying judgment.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1304933.json", "html_url": "/legal/doc/nexus-sen-1-0007-1304933", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1304933" }, { "id": "nexus-sen-1-0007-1305054", "citation": "Res. 15700-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Deterioration of National Route 114 Is Premature", "title_es": "Amparo por deterioro de ruta nacional 114 es prematuro", "summary_en": "The Constitutional Chamber (Sala Constitucional) summarily dismissed a writ of amparo filed against the National Road Council (CONAVI) and the Ministry of Public Works and Transport (MOPT) concerning the severe deterioration of National Route 114 in Santa Bárbara de Heredia. The petitioner cited sinkholes, drainage failures, pavement deterioration, and threats to life, physical integrity, a healthy environment, health, and transit. The Chamber held the amparo inadmissible as premature: the first formal complaint was filed on April 15, 2025, and the amparo on May 20, 2025, meaning the two-month deadline under Article 261 of the General Public Administration Law for the authorities to resolve the complaint had not yet elapsed. The Chamber further stressed that amparo cannot substitute for administrative action or serve as a mere complaint-processing body, except in truly urgent situations and only after the petitioner has previously sought recourse before the competent authorities.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1305054.json", "html_url": "/legal/doc/nexus-sen-1-0007-1305054", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1305054" }, { "id": "nexus-sen-1-0007-1305194", "citation": "Res. 17271-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition and access to information regarding construction in a creek protection zone", "title_es": "Derecho de petición y acceso a información sobre construcción en zona de protección de quebrada", "summary_en": "The Constitutional Chamber heard an amparo filed by a citizen against the Municipality of Goicoechea for failing to fully respond to a request for information submitted on March 21, 2025, regarding the construction of a church on the Quebrada La Cangreja. The request included twelve inquiries about construction permits, environmental viability, sanitary easements, river setbacks, and other issues. The Municipality provided a partial response before the amparo, but several questions remained unanswered. After being notified of the amparo, the Municipality completed its response on May 23, 2025. The Chamber partially granted the amparo: it dismissed one point that had been answered before the amparo, and granted it for the remaining points because an excessive period had elapsed without a response, violating the right to petition and timely response, as well as the right of access to public information. However, the majority did not award costs, damages, or losses, although Judges Salazar Alvarado and Salazar Murillo dissented, holding that an abstract condemnation should be imposed for the violation of fundamental rights.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1305194.json", "html_url": "/legal/doc/nexus-sen-1-0007-1305194", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1305194" }, { "id": "nexus-sen-1-0007-1305418", "citation": "Res. 19473-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of potable water service due to water shortage is not arbitrary", "title_es": "Denegación de servicio de agua potable por insuficiencia hídrica no es arbitraria", "summary_en": "The Constitutional Chamber declares inadmissible the amparo filed by a social assistance association against the ASADA and AyA, regarding the denial of potable water service on a donated property. The association intended to sell the land to expand its facilities, but the ASADA rejected the request based on an AyA technical criterion: a water balance study showed that the system cannot support new services without additional sources. The Chamber reiterates its case law: the fundamental right to water is not unrestricted, and the administration may set conditions and requirements, as well as deny requests for justified technical or legal reasons. Here, the denial was based on a technical study evidencing shortages and rationing, so it does not constitute arbitrary action. The discussion on the service's appropriateness and the technical reasons is a matter of ordinary legality, outside the scope of constitutional amparo. The appeal is rejected outright.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "24/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1305418.json", "html_url": "/legal/doc/nexus-sen-1-0007-1305418", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1305418" }, { "id": "nexus-sen-1-0007-1305593", "citation": "Res. 00952-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prison infrastructure conditions do not violate right to health", "title_es": "Condiciones de infraestructura en centro penal no vulneran derecho a la salud", "summary_en": "The Constitutional Chamber reviews an amparo filed by an inmate at CAI Jorge Arturo Montero Castro. The petitioner alleges violation of the right to health due to inadequate medical care for an eye infection, unsanitary conditions (pests, dirty food carts, water contamination), and poor structural conditions of walls and pipes. The Chamber finds that the inmate received medical attention twice, with diagnosis and treatment, and did not request further care. Regarding pests and hygiene, authorities reported fumigation, cart washing, and distance of the water tank from garbage, ruling out health risks. On infrastructure, the Chamber refers to a prior amparo (file 24-020888-0007-CO, ruling 2024037699) where it had already ordered the Ministry of Justice to adopt immediate measures and complete definitive improvements within eighteen months. It therefore partially grants the amparo only as to infrastructure, directing compliance with the prior ruling, and denies the remainder.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1305593.json", "html_url": "/legal/doc/nexus-sen-1-0007-1305593", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1305593" }, { "id": "nexus-sen-1-0007-1305684", "citation": "Res. 09462-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ministry of Health's failure to respond to noise and particle pollution complaints", "title_es": "Falta de respuesta del Ministerio de Salud a denuncias por contaminación sónica y partículas", "summary_en": "The Constitutional Chamber heard an amparo action filed on behalf of a neighbor of a company in Santa Cruz, Guanacaste, against the Ministry of Health and the Municipality of Santa Cruz. The petitioner complained about noise pollution, dust particles, and possible construction irregularities from the adjacent company, affecting his health and that of his asthmatic daughter. The Chamber found that the Ministry of Health conducted noise measurements and issued technical reports but did not communicate the results to the petitioner, thus neglecting to respond to the complaints filed on July 23 and August 18, 2024. As for the complaints of November 8 and 21, 2024, the Chamber dismissed the amparo as premature. Regarding the Municipality, it determined that the complaint was filed through an unofficial channel and that the time elapsed was insufficient to consider an unjustified delay. The Chamber granted the amparo in part and ordered the Minister of Health and the Director of the Santa Cruz Health Authority to issue a definitive response to the specified complaints within 15 days.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1305684.json", "html_url": "/legal/doc/nexus-sen-1-0007-1305684", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1305684" }, { "id": "nexus-sen-1-0007-1305690", "citation": "Res. 09475-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to respond to landslide danger", "title_es": "Falta de respuesta ante peligro por deslizamientos", "summary_en": "The Constitutional Chamber hears an amparo action filed by a property owner in Limón affected by landslides caused by the expansion works on National Route 32 (Braulio Carrillo Highway). The petitioner claims that he submitted requests to the Ministry of Public Works and Transport (MOPT) and the Municipality of Siquirres in October 2024, describing the environmental danger posed by the construction and earth removal to his home and his family's safety, without receiving any response. The Chamber admits the action as an exception to its jurisprudence that remits cases of administrative inactivity to the administrative contentious jurisdiction, given the risk to the petitioner's physical integrity. It is established that MOPT did issue a report on mitigation measures but failed to notify the petitioner, therefore the amparo is partially granted and the Deputy Minister of Infrastructure is ordered to respond to the petitioner's requests within five days. The claim against the Municipality is dismissed, as it had already communicated its findings to the petitioner during the amparo proceedings. The State is ordered to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "soil-conservation-7779" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1305690.json", "html_url": "/legal/doc/nexus-sen-1-0007-1305690", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1305690" }, { "id": "nexus-sen-1-0007-1305696", "citation": "Res. 09497-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against AyA for denial of water availability in risk zone", "title_es": "Amparo contra AyA por denegatoria de disponibilidad de agua potable en zona de riesgo", "summary_en": "The Constitutional Chamber reviews an amparo action against the Costa Rican Institute of Aqueducts and Sewers (AyA) for denying water service availability for a property in Atenas, where a house already exists. The petitioner claims a violation of his right to water access. AyA grounds the denial on the lack of aqueduct infrastructure in front of the property and, critically, on the fact that the property lies in an area declared high-risk by the National Emergency Commission, where landslides have caused loss of life. AyA also notes the petitioner has made illegal water connections repeatedly disconnected. The Chamber reaffirms its consistent case law that the provision of water service is not a matter for its jurisdiction when the denial is based on technical, legal, or risk-related grounds, and that such disputes must be resolved before the administration or in the appropriate legal venues. Finding the denial not arbitrary, the Chamber dismisses the amparo.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1305696.json", "html_url": "/legal/doc/nexus-sen-1-0007-1305696", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1305696" }, { "id": "nexus-sen-1-0007-1305903", "citation": "Res. 10269-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied over fax transmission failures and prison food conditions", "title_es": "Rechazo de amparo por fallas en envío de fax y condiciones alimentarias en centro penal", "summary_en": "The Constitutional Chamber dismissed an amparo petition filed by inmates at the Paulino Mora Mora Institutional Care Center. The petitioners alleged that the food provided was insufficient and offensive, especially the reinforced diet for elderly persons and those with disabilities; that food distribution did not respect their priority; that officials were stealing food; that there were rats in the kitchen; and that their documents were not being forwarded to judicial authorities via fax. The Chamber examined each complaint in light of sworn reports from prison authorities and the Ministry of Health. It found that meals adhere to approved nutritional menus, that reinforced diets are indeed prioritized and delivered on schedule, that no rodent infestation was detected during an on-site inspection, and that the inability to send faxes to the Constitutional Chamber was due to technical failures external to the prison, not a violation of access to justice. Consequently, the petition was dismissed in its entirety.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1305903.json", "html_url": "/legal/doc/nexus-sen-1-0007-1305903", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1305903" }, { "id": "nexus-sen-1-0007-1305915", "citation": "Res. 10328-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas Corpus on CAI Terrazas Conditions Denied", "title_es": "Hábeas corpus sobre condiciones en CAI Terrazas rechazado", "summary_en": "The Constitutional Chamber denies the habeas corpus filed by an inmate at CAI Terrazas who alleged multiple violations of his fundamental rights: lack of access to synthetic fields, insufficient drinking water supply (overnight shutoff), abusive searches and damage to personal belongings, physical aggression by officers, a cockroach plague, and being forced to eat meals on his bed. The Chamber finds no injury to human dignity or cruel treatment: authorities proved the inmate has weekly access to outdoor gyms, the nighttime water restriction is temporary and offset by large water barrels, searches are conducted under protocols that protect belongings, and meals may be taken in courtyards with concrete benches, not on beds. Regarding the alleged aggressions, the Chamber refers to a prior ruling (2024-033052) that denied a similar appeal. A health authority inspection found no sanitary violations. The Chamber concludes the claims are unfounded.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1305915.json", "html_url": "/legal/doc/nexus-sen-1-0007-1305915", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1305915" }, { "id": "nexus-sen-1-0007-1306101", "citation": "Res. 10874-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo against Entry Sanction to Corcovado National Park", "title_es": "Inadmisibilidad del amparo contra sanción de ingreso al Parque Nacional Corcovado", "summary_en": "The Constitutional Chamber rejects as inadmissible an amparo appeal filed by a tourist guide against the administration of Corcovado National Park, which imposed a seven-day entry ban to the protected area for straying from the authorized trail. The claimant alleged a violation of due process by not being allowed to defend himself before the sanction was imposed, and challenged the legality of the measure. The Chamber finds that amparo is not the proper avenue to review the legality of an administrative act or to determine whether the claimant committed the infraction, as those are matters for ordinary or administrative litigation. Regarding due process, it notes that the measure constitutes the initiation of the procedure and that, once notified, the claimant could have exercised the appropriate legal remedies to challenge it, which he did not do in a timely manner. The sanction period had already expired by the time the appeal was filed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1306101.json", "html_url": "/legal/doc/nexus-sen-1-0007-1306101", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1306101" }, { "id": "nexus-sen-1-0007-1306334", "citation": "Res. 11694-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Technical impossibility does not violate water right if solutions are being pursued", "title_es": "Imposibilidad técnica no viola derecho al agua si se gestionan soluciones", "summary_en": "The Constitutional Chamber dismisses on the merits an amparo action filed by a neighbor on behalf of his elderly parents and other community members of Nombre04 against the Costa Rican Institute of Aqueducts and Sewers (ICAA). The petitioner claimed the omission to provide potable water service, which the community has lacked for over 30 years, in violation of Article 50 of the Constitution. The Chamber reiterates its case law that the fundamental right to potable water is not absolute: its enforceability depends on technical and material feasibility. The ICAA demonstrated that the community is outside the coverage area of the local aqueduct and lacks infrastructure (networks, tanks, source), making immediate service impossible. However, the Chamber finds that the respondent has not remained inactive: it has guided the neighbors toward forming an ASADA and coordinated with INDER and IMAS to finance the necessary works. Since measures are underway and an unreasonable period has not elapsed since the response to the petitioner, the amparo is inadmissible at this stage.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1306334.json", "html_url": "/legal/doc/nexus-sen-1-0007-1306334", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1306334" }, { "id": "nexus-sen-1-0007-1306347", "citation": "Res. 11736-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against private company for working and environmental conditions in a store", "title_es": "Inadmisibilidad de amparo contra empresa privada por condiciones laborales y ambientales en tienda", "summary_en": "The Constitutional Chamber declared inadmissible the amparo appeal filed against the company H&M Costa Rica, located in Multiplaza Escazú. The plaintiff claimed that the store's roof allowed ultraviolet rays to pass through and generated unbearable heat, affecting their health and that of BAC valet parking workers, as well as visitors such as wheelchair users and elderly people, violating their right to a healthy environment. The Chamber held that amparo is not the proper avenue to process complaints against private individuals, since other legal mechanisms exist to resolve such disputes. It emphasized that the requirements of Article 57 of the Constitutional Jurisdiction Law are not met, as the defendant does not hold a position of power that prevents resorting to other remedies. Moreover, the Chamber cannot substitute competent public authorities in environmental or health matters to investigate complaints. Therefore, it summarily dismissed the appeal.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1306347.json", "html_url": "/legal/doc/nexus-sen-1-0007-1306347", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1306347" }, { "id": "nexus-sen-1-0007-1307901", "citation": "Res. 19652-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to drinking water in conflict between ICAA and municipality over billing", "title_es": "Derecho al agua potable frente a conflicto de cobro entre ICAA y municipalidad", "summary_en": "The Constitutional Chamber heard an amparo filed by residents of Paraíso de Cartago against the Costa Rican Institute of Aqueducts and Sewers (ICAA). The claimants argued that the ICAA was threatening to suspend drinking water service to over 20,000 people due to a multi-million colón retroactive charge levied against the Municipality of Paraíso for alleged tariff differences since 2017. The residents stated that they were up to date with their own payments and that the threat violated their fundamental right to drinking water. The Chamber held that the tariff dispute between the institutions should not be passed on to the users, who are not party to the conflict. It partially granted the amparo and ordered the ICAA and the Municipality to set up coordination mechanisms so that access to drinking water would not be affected, without prejudice to the underlying financial claims being settled through the appropriate legal channels. The ruling reaffirmed the fundamental right to drinking water, now expressly enshrined in Article 50 of the Costa Rican Constitution since the 2020 amendment, and its inalienable character as an essential human right.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1307901.json", "html_url": "/legal/doc/nexus-sen-1-0007-1307901", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1307901" }, { "id": "nexus-sen-1-0007-1307905", "citation": "Res. 19506-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of the CAFTA-DR referendum", "title_es": "Constitucionalidad del referéndum sobre el CAFTA-RD", "summary_en": "The Constitutional Chamber rejects for lack of standing and untimeliness the action of unconstitutionality against the referendum and the law approving the Free Trade Agreement between the Dominican Republic, Central America, and the United States (CAFTA-DR). The petitioner, a citizen, alleged that the referendum violated Article 105 of the Constitution by submitting excluded matters (budgetary, tax, etc.) to a vote and that there were procedural flaws. The Chamber determined that the petitioner lacks standing because the action does not fit the defense of diffuse interests, and furthermore the claim is untimely with respect to all the challenged acts. The ruling does not address the merits of the constitutional arguments about the treaty, limiting itself to dismissal on procedural grounds.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1307905.json", "html_url": "/legal/doc/nexus-sen-1-0007-1307905", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1307905" }, { "id": "nexus-sen-1-0007-1307906", "citation": "Res. 19546-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of filings with scanned signatures", "title_es": "Rechazo de plano de escritos con firma escaneada", "summary_en": "The Constitutional Chamber declares inadmissible the unconstitutionality action filed against the Second Chamber's jurisprudential line that rejects outright judicial filings with superimposed PDF signatures without allowing correction. The plaintiffs alleged violations of access to justice, due process, equality, and effective judicial protection. The Court determines that incidental standing requirements are not met, because the underlying case (case file 19-000490-0673-NA) was no longer pending when the action was filed, per a prior ruling by the same Chamber. Moreover, unconstitutionality was not expressly invoked in that underlying case. Regarding direct standing based on diffuse interests, the Chamber reiterates that due process in a broad sense does not qualify as a diffuse interest under constitutional case law. The action is rejected outright.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1307906.json", "html_url": "/legal/doc/nexus-sen-1-0007-1307906", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1307906" }, { "id": "nexus-sen-1-0007-1307908", "citation": "Res. 19615-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC Must Act Administratively Against Illegal Logging Beyond Criminal Complaint", "title_es": "SINAC debe actuar en sede administrativa ante tala ilegal, más allá de la denuncia penal", "summary_en": "The Constitutional Chamber reviewed an amparo against SINAC, the municipalities of Goicoechea and Vázquez de Coronado, and the Ministry of Health, regarding indiscriminate logging and burning in Rancho Redondo and El Durazno since November 2024. The petitioner claimed severe environmental impacts from land-use change without effective response. The Chamber denied the claim against the Ministry of Health (no complaints filed) and the municipalities, finding they acted promptly by inspecting and referring the matter to criminal and administrative authorities. However, it granted the claim against SINAC, finding that SINAC knew of the illegal logging since August 2024 and filed a criminal complaint, but failed to exercise its own administrative powers to fully address the situation, such as issuing protective measures. Administrative complaint 51968-2025, filed in January 2025, remained unresolved two months later. The Chamber reiterated precedents requiring SINAC to act beyond the criminal track, ordering full analysis of the complaint, resolution of all issues, and issuance of appropriate administrative acts within one month.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1307908.json", "html_url": "/legal/doc/nexus-sen-1-0007-1307908", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1307908" }, { "id": "nexus-sen-1-0007-1307918", "citation": "Res. 08597-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Adoption of NFPA standards does not violate legal reserve or retroactivity for existing buildings", "title_es": "Adopción de normas NFPA no viola reserva de ley ni irretroactividad en edificaciones existentes", "summary_en": "The Constitutional Chamber rejected a constitutional challenge to Article 66 of the Regulation to the Law of the Firefighters Corps, which adopts National Fire Protection Association (NFPA) standards as mandatory even for existing buildings. The Costa Rican Football Federation alleged violations of the principles of legal reserve, regulatory authority, non-retroactivity, and the rights to property and freedom of enterprise. The majority of the Chamber considered that the law empowered the Executive Branch to adopt technical standards and that their application to existing buildings does not constitute unconstitutional retroactivity, given the overriding public interest in protecting human safety and integrity. It noted that there is no right to the immutability of the legal system and that limitations on property are justified by its social function. It also highlighted that Article 67 of the regulation allows exceptions based on technical or legal grounds. Three justices partially dissented, declaring the phrase \"existing buildings\" unconstitutional on the grounds that it affected consolidated legal situations and violated the principle of non-retroactivity under Article 34 of the Constitution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1307918.json", "html_url": "/legal/doc/nexus-sen-1-0007-1307918", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1307918" }, { "id": "nexus-sen-1-0007-1309829", "citation": "Res. 19583-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal Coordination to Address Flooding in the Los Negritos Microbasin", "title_es": "Coordinación municipal frente a inundaciones en la microcuenca de la Quebrada Los Negritos", "summary_en": "The Constitutional Chamber orders the Municipalities of Montes de Oca and San José to, within one year, articulate and define a definitive solution to the flooding problem affecting Barrio Dent and Barrio Escalante, and to carry out all necessary works for that purpose. Additionally, they must implement preventive and corrective maintenance plans for the storm drainage system and coordinate actions to prevent blackwater contamination in the Los Negritos creek. The Chamber finds that since 1995 a diversion system to the Torres River had temporarily solved the flooding, but the pipe collapse in 2023 reactivated the risk. Despite studies and recommendations from the National Emergency Commission (CNE), the municipalities had not defined a definitive proposal, limiting themselves to temporary mitigation measures. The Chamber bases its decision on the right to a healthy and ecologically balanced environment (Article 50 of the Constitution), the municipal obligation to manage local interests and services effectively, efficiently, and swiftly (Article 169 of the Constitution and Municipal Code), and the duty of inter-institutional coordination. It dismisses the responsibility of the Costa Rican Institute of Aqueducts and Sewers (AyA) and the National Road Council (CONAVI), and rejects the allegations of lack of response to information requests.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "water-law" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1309829.json", "html_url": "/legal/doc/nexus-sen-1-0007-1309829", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1309829" }, { "id": "nexus-sen-1-0007-1309854", "citation": "Res. 06028-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension Granted in Environmental Amparo for Nicoya WWTP", "title_es": "Ampliación del plazo en amparo ambiental por saneamiento PTAR Nicoya", "summary_en": "The Constitutional Chamber reviews a compliance management request filed by the Costa Rican Water and Sewerage Institute (AyA), seeking a three-year extension to fulfill a 2020 amparo ruling that ordered a definitive solution to river pollution in Nicoya caused by untreated wastewater. The Chamber finds that AyA has carried out substantial actions, including completing the predesign, requesting SETENA’s environmental analysis, and initiating topographic studies, but faces delays due to inter-institutional coordination (BANHVI) and the need for permits and budget. Given that the defendant has not been negligent and the reasons are reasonable, the Court partially grants the request: it authorizes a final 24‑month extension (instead of 36), warning that failure to comply will result in referral of the case to the Public Prosecutor. The ruling upholds the obligation to complete the works that provide a definitive solution to the environmental and public health problem.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1309854.json", "html_url": "/legal/doc/nexus-sen-1-0007-1309854", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1309854" }, { "id": "nexus-sen-1-0007-1309856", "citation": "Res. 06031-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Deadline Extension for Accessibility Works at Liceo Santa Gertrudis Denied", "title_es": "Ampliación de plazo para obras de accesibilidad en Liceo Santa Gertrudis denegada", "summary_en": "The Constitutional Chamber resolves a request for an extension of time filed by the Minister of Education to comply with the order issued in ruling 2023029065, which partially granted an amparo and ordered infrastructure works so that Liceo Santa Gertrudis in Grecia meets Law 7600 (Equal Opportunities for Persons with Disabilities Act) within a maximum of twelve months. The petitioner argued that the designed project is costly (approximately ₡2.005 billion) and requires planning involving technical updates, environmental feasibility, plan approval, procurement, and execution, requesting an additional 870 calendar days. The Chamber denies the request because no concrete actions were shown to have been taken during the original deadline, and considers disproportionate to extend by more than two years a deadline for accessibility works already detailed in a technical report, which included ramps, signage, and specific adaptations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1309856.json", "html_url": "/legal/doc/nexus-sen-1-0007-1309856", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1309856" }, { "id": "nexus-sen-1-0007-1309858", "citation": "Res. 06039-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Vacant Lots as Pollution Sources", "title_es": "Amparo por lotes baldíos como focos de contaminación", "summary_en": "The Constitutional Chamber hears an amparo filed by neighbors in Liberia, Guanacaste, who reported vacant lots turned into open-air dumps, mosquito breeding sites, and criminal hideouts, endangering their health and right to a healthy environment. They claimed that since June 2024, despite complaints to the Health Directorate and the Municipality of Liberia, the problem remained unresolved. The Chamber found that although inspections were conducted and owners notified, the situation persisted until the amparo was filed. It granted the appeal, but a majority held that no costs, damages, or losses should be awarded due to the cessation of the violation during proceedings, akin to an abnormal termination of the process. Judges Salazar Alvarado and Garro Vargas partially dissented on the issue of costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1309858.json", "html_url": "/legal/doc/nexus-sen-1-0007-1309858", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1309858" }, { "id": "nexus-sen-1-0007-1309869", "citation": "Res. 06068-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "AyA does not violate rights by denying water availability to lots in urban development project that failed to complete formalities", "title_es": "AyA no vulnera derechos al negar disponibilidad de agua a lotes de proyecto urbanístico que no cumplió trámites", "summary_en": "The Constitutional Chamber of the Supreme Court of Costa Rica denied an amparo action filed by two owners of lots in the Cascadas 3 urban development project in Pococí, Limón, against the Costa Rican Institute of Aqueducts and Sewers (AyA). The claimants alleged that AyA refused to provide potable water service to their properties. The Court found that the lots are part of a 33-lot development that never completed the required urban development procedures. The original developer subdivided and sold individual lots without providing the necessary infrastructure (potable water, sanitation, and stormwater drainage networks). AyA had repeatedly informed the developer that the application had to be submitted for the entire project and that all legal and technical requirements had to be met. The Court reiterated that the right to water is not unrestricted and that the administration may validly establish conditions for access. Furthermore, constitutional jurisdiction protects requests for water for personal residential use, but not when they concern real estate developments for commercial purposes. AyA's refusal was not arbitrary but justified by the failure to meet urban planning requirements, so no violation of fundamental rights occurred. The Court warned that it is not its role to review the legality of administrative actions or to determine whether technically there is a way to provide the service.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1309869.json", "html_url": "/legal/doc/nexus-sen-1-0007-1309869", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1309869" }, { "id": "nexus-sen-1-0007-1309898", "citation": "Res. 06128-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to enforce municipal agreement on maritime zone recovery does not violate environmental rights", "title_es": "Inejecución de acuerdo municipal de recuperación de zona marítimo terrestre no vulnera derecho ambiental", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Talamanca for the alleged non-compliance with Municipal Council Agreement No. 7, which ordered the recovery of the public maritime-terrestrial zone in the canton. The petitioner argues that this omission violates the right to a healthy environment (Article 50 of the Constitution) because the zone is national heritage. The municipal authority claims it has conducted inspections and monitoring, but enforcement is constrained by the extent of the coastline and the recent amendment to Law 9577 (Law 10489 of 2024), which suspended for 36 months administrative eviction actions in the maritime zone, except in cases of environmental damage. The Chamber finds that, according to a report from the Environmental Administrative Tribunal, no environmental damage was evidenced. Therefore, it dismisses the amparo, holding that the legal suspension applies and the alleged violation has not been demonstrated.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1309898.json", "html_url": "/legal/doc/nexus-sen-1-0007-1309898", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1309898" }, { "id": "nexus-sen-1-0007-1309916", "citation": "Res. 06150-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against eviction order in Miravalles II dismissed due to imminent risk", "title_es": "Amparo contra orden de desalojo en Miravalles II desestimado por riesgo inminente", "summary_en": "The Constitutional Chamber dismisses an amparo filed by a resident of the Miravalles II settlement in Tirrases, Curridabat. The petitioner argued that a sanitary eviction order issued by the Ministry of Health violated a prior ruling (November 2019) requiring relocation before demolition, and requested the Municipality to release land and MIVAH to grant housing subsidies. The Chamber found that the 2019 judgment invoked did not bind the respondent authorities (it was directed against the Municipality of La Unión and AyA, not the Health Ministry or Curridabat). It reaffirmed that since July 2019, evictions were ordered due to landslide risk established since 2009, and the claims merely expressed disagreement with that order, already addressed in prior interlocutory decisions. The Chamber declined to order land release or housing subsidies, as these fall outside its jurisdiction. It underscored the imminent risk to life and limb and confirmed the legality of the Health Ministry's actions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic", "procedural-environmental" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1309916.json", "html_url": "/legal/doc/nexus-sen-1-0007-1309916", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1309916" }, { "id": "nexus-sen-1-0007-1310287", "citation": "Res. 06626-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Turrialba landfill closure and transfer station deadline extension", "title_es": "Ampliación de plazo para cierre técnico y estación de transferencia en Turrialba", "summary_en": "The Constitutional Chamber resolves the request of the Mayor of Turrialba to again extend the deadline set in judgment No. 2018-004801, which ordered the Municipality and the Ministry of Health to solve the problems of the municipal landfill. A twelve-month extension is granted, counted from the expiration of the previous term (Res. 2024-008317), for compliance with the technical closure of the dump and the commissioning of the Solid Waste Transfer Station. The Chamber finds that, despite municipal efforts, external factors such as weather conditions, budgetary approvals by the Comptroller General of the Republic, and procedures before the Ministry of Health have delayed the project's completion. The request for authorization to provisionally operate the landfill is denied, as it is not a constitutional matter. The duty of quarterly reports and the adoption of mitigation measures are reiterated.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1310287.json", "html_url": "/legal/doc/nexus-sen-1-0007-1310287", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1310287" }, { "id": "nexus-sen-1-0007-1310288", "citation": "Res. 06627-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with ruling on wastewater dye testing", "title_es": "Incumplimiento de sentencia por pruebas de coloración de aguas residuales", "summary_en": "The Constitutional Chamber rules on a non-compliance motion filed by the petitioner, who claims that the Ministry of Health has failed to comply with the dye-testing schedule ordered in judgment No. 2022-017539. That judgment had granted an amparo due to pollution on her property, ordering a joint inspection and technical dye tests to identify the source of wastewater in Guatuso de Patarrá, Desamparados. The Health Area of Desamparados reports having carried out numerous inspections and issued 33 health orders, but faces technical difficulties (each test requires a 24-48 hour wait), climatic challenges (frequent rains and floods), staffing issues (turnover and unfilled vacancies), and the scale of the task (approximately 100 homes). The Chamber finds that the authority has acted diligently, but the original three-month deadline was insufficient. Rather than imposing sanctions, it grants an additional 12-month extension to complete the tests and ensure a definitive solution to the reported pollution.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1310288.json", "html_url": "/legal/doc/nexus-sen-1-0007-1310288", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1310288" }, { "id": "nexus-sen-1-0007-131058", "citation": "Res. 06905-2000 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against National Cadastre and Administrative Court actions", "title_es": "Inadmisibilidad del amparo contra actos del Catastro Nacional y Tribunal Contencioso", "summary_en": "The Constitutional Chamber (Sala Constitucional) summarily rejects an amparo appeal filed by several corporations represented by a Canadian businessman, who challenged the legality of warning notes on cadastral plans and the referral of the case to an ordinary administrative contentious proceeding. The appellants argued that the National Cadastre and the Third Section of the Superior Contentious Administrative Court violated their rights by maintaining those notes and by failing to declare the nullity of administrative acts related to the maritime-terrestrial zone. The Chamber holds that amparo is not the proper avenue to review the legality of administrative acts or to determine the appropriateness of measures taken in administrative or judicial proceedings, as that belongs to the ordinary contentious process. It notes that the availability of that judicial avenue guarantees the discussion of the appellants' arguments, and therefore there is no direct violation of fundamental rights. The appeal is declared inadmissible.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "08/08/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0007-131058.json", "html_url": "/legal/doc/nexus-sen-1-0007-131058", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-131058" }, { "id": "nexus-sen-1-0007-1310878", "citation": "Res. 07512-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of abstract amparo concerning gentrification, housing, and environment", "title_es": "Inadmisibilidad del amparo abstracto sobre gentrificación, vivienda y ambiente", "summary_en": "The Constitutional Chamber summarily dismissed an amparo action filed by civil society members alleging that gentrification violates the right to decent and accessible housing and the right to a healthy and balanced environment. The petitioners claimed omissions by the Ministry of Housing and Human Settlements (MIVAH) and the Ministry of Environment and Energy (MINAE) in addressing this phenomenon. They sought acknowledgment of the harm, socioeconomic impact studies, a rent regulation plan, and mandatory environmental impact studies before construction or urban projects. The Chamber held that the action did not meet admissibility requirements, as it was filed in the abstract without identifying a concrete situation causing direct injury to fundamental rights of specific individuals, and without demonstrating a direct and gross threat or violation. It reiterated that amparo is not a mechanism for generic complaints against the Administration or to replace its duties, and declared the action inadmissible.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1310878.json", "html_url": "/legal/doc/nexus-sen-1-0007-1310878", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1310878" }, { "id": "nexus-sen-1-0007-1310982", "citation": "Res. 07710-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo Denied for AyA Storage Tank Works and Lack of Environmental Harm", "title_es": "Improcedencia del amparo por obras del AyA en tanque de almacenamiento y falta de agravio ambiental", "summary_en": "The Constitutional Chamber reviews an amparo action filed by the representative of Corporación Fidelidad Continental CFC S.A. against the Costa Rican Institute of Aqueducts and Sewers (AyA). The petitioner claims that the construction of a 1000 m³ storage tank, a pumping station, and ancillary works on an adjacent property affects the company's right to property and empties its content, and that AyA failed to carry out studies to rule out water contamination. The Chamber finds that AyA expropriated the land, obtained municipal approval, declared the work of public utility and social necessity, and approved construction plans before the CFIA. It also finds that there are no water intakes, springs, or sources susceptible to contamination on the site; the structure is a storage tank receiving water through pipes, not a catchment site. The petitioner's requests regarding expropriation and permits were answered. The Chamber concludes there is no improper conduct by AyA, the work serves public utility, and the dispute over property impact is a legality issue for ordinary courts, not amparo. Judge Rueda Leal dissents, holding that the amparo on behalf of a legal entity should have been rejected outright since no essential link with a natural person was demonstrated.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "water-law", "_off-topic" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1310982.json", "html_url": "/legal/doc/nexus-sen-1-0007-1310982", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1310982" }, { "id": "nexus-sen-1-0007-1311008", "citation": "Res. 07754-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal and SINAC inaction on illegal construction in a protected zone", "title_es": "Omisión municipal y del SINAC ante construcción ilegal en zona de protección", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of Pococí and SINAC for inaction regarding an illegal construction in a stream protection zone, reported since November 2022. The construction lacked municipal permits, did not respect the street line, and encroached on a protected forest area. The Chamber reiterates that local governments have a duty to supervise and administratively resolve infractions, regardless of any pending criminal proceedings. Likewise, SINAC must issue administrative acts for environmental protection beyond the criminal complaint. Both entities failed to adopt and enforce appropriate measures, violating the right to a healthy and ecologically balanced environment (Article 50 of the Constitution). The amparo is granted, with an order to both authorities to issue and execute the necessary administrative acts within two months to resolve the reported issue.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1311008.json", "html_url": "/legal/doc/nexus-sen-1-0007-1311008", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1311008" }, { "id": "nexus-sen-1-0007-1311013", "citation": "Res. 07768-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for noise and environmental pollution from adjacent industrial warehouse", "title_es": "Amparo por contaminación sónica y ambiental de bodega industrial colindante", "summary_en": "The Constitutional Chamber hears an amparo filed by elderly neighbors against the Ministry of Health and the Municipality of Mora for failing to resolve noise and environmental pollution from an industrial warehouse adjacent to their home. The plaintiffs allege that since March 2024 they have filed complaints with the Mora Health Area, but no effective solution has been provided. They also argue that the Municipality granted land use permits and commercial licenses that worsen the problem. After reviewing the reports, the Chamber finds that the Health Area has carried out multiple inspections, issued sanitary orders, and verified compliance, including noise measurements that showed levels within legal limits. Regarding the Municipality, no pending actions or violations justifying constitutional intervention are proven. The amparo is denied, as no fundamental rights violation is shown, and any disagreement with technical criteria or administrative acts must be pursued through ordinary courts.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1311013.json", "html_url": "/legal/doc/nexus-sen-1-0007-1311013", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1311013" }, { "id": "nexus-sen-1-0007-1311038", "citation": "Res. 07812-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on sugarcane burning declared without merit", "title_es": "Recurso de amparo por quemas de caña de azúcar declarado sin lugar", "summary_en": "The Constitutional Chamber declared without merit an amparo filed by an elderly person with respiratory illnesses against the Ministry of Health, the Ministry of Agriculture (MAG), and the Ministry of Environment (MINAE) for alleged inaction regarding sugarcane burning in Turrialba. The Chamber found that the MAG had indeed responded to the petitioner's complaints well before the amparo was filed, but notification was delayed because the petitioner did not provide a precise address for service. As for MINAE, no formal complaint from the petitioner was found in its records. With respect to the Ministry of Health, the Chamber noted that the petitioner had no pending matters, and his disagreement with the Ministry's decision could not be reviewed through amparo, as it is not a mechanism for controlling the legality of administrative acts; he should resort to ordinary administrative litigation. Judge Cruz Castro dissented on the issue of administrative delay, arguing that the Chamber should hear such claims as a violation of the right to swift and complete justice (Article 41 of the Constitution).", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1311038.json", "html_url": "/legal/doc/nexus-sen-1-0007-1311038", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1311038" }, { "id": "nexus-sen-1-0007-1311085", "citation": "Res. 07881-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response: environmental complaint before SINAC", "title_es": "Amparo por falta de respuesta: denuncia ambiental ante SINAC", "summary_en": "The Constitutional Chamber hears an amparo filed against MINAE-SINAC for failing to timely respond to an information request and environmental complaint regarding possible violations of Forestry Law 7575 and protection zones of streams in the Montezuma Condominium, Grecia. The petitioner complained about the lack of response to three items: 1) verification of Forestry Law violations on several properties; 2) certified copies of hydrogeological studies for bridges and culverts; 3) information about the human consumption well and its setbacks. During the amparo proceedings, SINAC reported that it had partially responded and conducted field inspections, but the final response on item 1 was provided only on February 27, 2025, after the amparo was admitted. The Chamber partially grants the amparo only regarding item 1, since the information was provided belatedly, and denies it regarding items 2 and 3, which were answered in a timely manner. The majority of the Chamber does not order costs or damages, while two judges issue dissenting opinions imposing an abstract award of damages and costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "forestry-law-7575", "water-law", "procedural-environmental" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1311085.json", "html_url": "/legal/doc/nexus-sen-1-0007-1311085", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1311085" }, { "id": "nexus-sen-1-0007-1311191", "citation": "Res. 08022-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ruling rejecting amparo against MINAE and SINAC for disproportionate oversight", "title_es": "Resolución rechazo amparo contra MINAE y SINAC por fiscalización desproporcionada", "summary_en": "The Constitutional Chamber summarily rejected the amparo appeal filed by a landowner in Abangares against MINAE and SINAC. The appellant alleged disproportionate persecution, arbitrary sanctions, and administrative hurdles in water-use fee procedures for an avocado agricultural project. He claimed his property had been inspected and fined ₡300,000, that authorities refused to reactivate his water-use fee by imposing excessive requirements, and that they ignored hundreds of illegal water intakes and illegal mining in the area. The Chamber found that the complaints amounted to a dispute of ordinary legality, outside its constitutional jurisdiction. It emphasized that it is neither a controller of administrative legality nor responsible for reviewing whether administrative actions comply with the law or whether there was disproportionate persecution—such review belongs to ordinary administrative or judicial channels. As a result, the appeal was declared inadmissible, and all claims were rejected without examining the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1311191.json", "html_url": "/legal/doc/nexus-sen-1-0007-1311191", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1311191" }, { "id": "nexus-sen-1-0007-1311465", "citation": "Res. 08485-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against eviction ordered by agrarian jurisdiction", "title_es": "Inadmisibilidad de amparo contra desalojo ordenado por jurisdicción agraria", "summary_en": "The Constitutional Chamber flatly rejects an amparo appeal filed by an occupant of a property against an eviction order issued in a recent judicial proceeding. The appellant alleged violations of her rights to property, legal certainty, due process, and productive continuity, arguing she had possessed the farm since 2007 with investments and improvements recognized in a previous 2010 ruling. The Chamber bases its decision on the fact that acts of the Judicial Branch in its jurisdictional function are not subject to constitutional control via amparo, pursuant to Article 30(b) of the Constitutional Jurisdiction Law. It also notes that it is not for this court to substitute for the agrarian jurisdiction or to act as an appellate body in that area, which is constitutionally reserved to agrarian judges under Article 153 of the Political Constitution. Consequently, the appeal is declared inadmissible.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1311465.json", "html_url": "/legal/doc/nexus-sen-1-0007-1311465", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1311465" }, { "id": "nexus-sen-1-0007-1311480", "citation": "Res. 08509-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Administrative Delay by AyA in Hydrogeological Study", "title_es": "Amparo por mora administrativa del AyA en estudio hidrogeológico", "summary_en": "The Constitutional Chamber reviews an amparo petition filed against the Costa Rican Institute of Aqueducts and Sewers (AyA) for delay in issuing a resolution on a hydrogeological study submitted by the petitioner. The study, issued by SENARA, indicated that no spring was affected on her property, which was essential to continue with housing construction procedures and a housing voucher. The petitioner alleged violation of the rights to a timely response and due process, after more than eleven months without a decision. The Chamber flatly rejects the petition, holding that determining whether the administration has complied with legal deadlines to resolve is an ordinary legality issue that must be adjudicated by the contentious-administrative jurisdiction, which provides swift and effective mechanisms for the protection of substantive legal situations. Magistrate Castillo Víquez adds a note regarding Article 41 of the Constitution, while Magistrate Cruz Castro dissents, arguing that administrative delay violates a fundamental procedural guarantee and that amparo is the appropriate remedy for its protection, particularly after the enactment of the Law Regulating the Right to Petition.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1311480.json", "html_url": "/legal/doc/nexus-sen-1-0007-1311480", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1311480" }, { "id": "nexus-sen-1-0007-1311554", "citation": "Res. 08632-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative eviction from forest property — delay in notification the same day as amparo", "title_es": "Desalojo administrativo de inmueble forestal — mora en notificación el mismo día del amparo", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Ministry of Public Security for violation of the right to a prompt and completed procedure. The petitioner, owner of a farm in Heredia under the forestry regime, alleged that despite requesting an administrative eviction for invasion on April 4, 2024, after more than four months the Ministry had not resolved her request. During that time, trees were felled and ranchos built on the property, damaging protected forest. The Chamber found that the final eviction decision was issued on August 16, 2024, but was not notified to the petitioner until August 27, after the amparo had already been notified to the respondent authority. Although the administrative procedure progressed without substantial delays, the delayed notification led the Chamber to grant the amparo since the claim was satisfied during the proceedings. By majority, the Chamber did not award costs or damages, prompting two dissenting votes arguing for compensation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1311554.json", "html_url": "/legal/doc/nexus-sen-1-0007-1311554", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1311554" }, { "id": "nexus-sen-1-0007-1311564", "citation": "Res. 08644-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of Drinking Water in Water Protection Zone Does Not Violate Fundamental Rights", "title_es": "Negativa de agua potable en zona de protección hídrica no lesiona derechos fundamentales", "summary_en": "The Constitutional Chamber rejects an amparo action against the Public Services Company of Heredia (ESPH) for denying drinking water service to a property located within the 200-meter protection radius of a surface intake on the Lajas River, pursuant to Article 31 of the Water Law. The plaintiff alleged discriminatory treatment and violation of property rights, as other neighbors already had services. The Chamber found that the denial was not arbitrary but based on technical and regulatory criteria for water resource protection, and that ESPH acted within its powers as a public service provider. It also held that the constitutional court is not the proper venue to review the technical correctness of the board resolution establishing the absolute prohibition zone, referring any disagreement to ordinary courts. The amparo is denied.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1311564.json", "html_url": "/legal/doc/nexus-sen-1-0007-1311564", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1311564" }, { "id": "nexus-sen-1-0007-1311601", "citation": "Res. 08719-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sanitary inspection on dairy farm does not violate private property", "title_es": "Inspección sanitaria en finca lechera no vulnera propiedad privada", "summary_en": "The Constitutional Chamber dismisses an amparo action filed by the representative of a dairy property against the entry of officials from SENASA, AyA, and the Ministry of Health. The appellant alleged a violation of her right to private property due to entry without consent, but the Court found that the officials acted within the framework of an inter-institutional commission addressing water source contamination, with sanitary police powers granted by Law 8495. It was also established that the initial entry by SENASA officials was without breaking locks or entering dwellings, and that the owner later authorized access to the paddocks and water bodies, without entering the residence. The Court also notes that the action was filed more than two months after the events, and therefore the statute of limitations under Article 35 of the Constitutional Jurisdiction Law had elapsed.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1311601.json", "html_url": "/legal/doc/nexus-sen-1-0007-1311601", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1311601" }, { "id": "nexus-sen-1-0007-1311984", "citation": "Res. 09278-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to water by legal entity without essential link to a natural person", "title_es": "Acceso al agua de persona jurídica sin vínculo esencial con persona física", "summary_en": "The company Terrazas Ávila S.R.L. filed an amparo action against the Costa Rican Water and Sewerage Institute (AyA) for denying its request for water service availability for a property in Guanacaste. The denial was based on a 2018 technical report showing insufficient water capacity in the Nicoya aqueduct, a deficit in the sole available well, and reliance on cistern trucks. The Constitutional Chamber rejected the appeal outright for two reasons: (1) consistent case law allows denial of water service when there is a justified technical or legal impossibility, not an arbitrary act; (2) the appeal was brought by a legal entity, and the essential and direct link to a natural person whose fundamental rights were at stake was not proven, as required under the interpretation of the Constitutional Jurisdiction Law in light of Inter‑American Court Advisory Opinion OC‑22/16. Justice Rueda Leal added separate reasoning emphasizing that legal entities are not holders of conventional rights and that merely invoking a relationship is insufficient.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "25/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1311984.json", "html_url": "/legal/doc/nexus-sen-1-0007-1311984", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1311984" }, { "id": "nexus-sen-1-0007-1312005", "citation": "Res. 09329-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber Extends Deadline for Public Hearing on Cahuita Coastal Regulatory Plan", "title_es": "Sala Constitucional amplía plazo para audiencia pública del Plan Regulador Costero de Cahuita", "summary_en": "The Constitutional Chamber addressed a post-judgment motion filed by the Municipality of Talamanca seeking an extension of the deadline to comply with prior rulings that ordered a new public hearing for the Coastal Regulatory Plan of the Cahuita District. The municipality argued that a modification to the State Natural Heritage certification in the Maritime-Terrestrial Zone, notified by SINAC in March 2025, affected the plan's zoning and required retreating to earlier procedural stages. While the Chamber acknowledged the need to adjust the timeline, it deemed the requested two-year extension unreasonable. Through a balancing exercise, it granted an additional six-month period to ensure a timely and effective resolution, preventing legal uncertainty. The decision reinforces the Chamber's oversight of its judgments and the obligation of authorities to comply, under warning of criminal consequences for disobedience.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312005.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312005", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312005" }, { "id": "nexus-sen-1-0007-1312068", "citation": "Res. 16071-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo non-compliance regarding flooding in Los Chiles", "title_es": "Incumplimiento de amparo por inundaciones en Los Chiles", "summary_en": "The Constitutional Chamber resolves a non-compliance claim filed by the petitioner, who argued that the Municipality of Los Chiles had not complied with the ruling that ordered the resolution of flooding at her home, caused by insufficient stormwater drainage. The Chamber analyzes new elements: on one hand, the Municipality demonstrated having taken concrete actions, such as agreements with neighboring owners and a community development association to drain the waters, though it faced obstacles like an owner's refusal and internal appeals. On the other hand, the Mayor reported under oath that the petitioner's house is below street level and is the only one that floods, indicating the problem goes beyond mere drainage capacity. Based on these elements, the Chamber denies the claim, finding no non-compliance attributable to the Municipality and that the problem does not stem solely from drainage deficiencies.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312068.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312068", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312068" }, { "id": "nexus-sen-1-0007-1312082", "citation": "Res. 16147-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied against ASADA water availability refusal due to lack of technical feasibility", "title_es": "Denegatoria de amparo por denegación de disponibilidad de agua de ASADA sin factibilidad técnica", "summary_en": "The Constitutional Chamber rejects the amparo action against the Rural Aqueduct and Sewer Administrative Association of San Pedro de Santa Cruz de Guanacaste (ASADA) and the Costa Rican Institute of Aqueducts and Sewers (AyA). The petitioners, who acquired a property through a housing bond, requested the renewal of a water availability letter and service connection. The ASADA granted the connection but denied renewal citing lack of technical feasibility due to insufficient concessioned flow and unregistered water sources, a situation supported by technical reports and validated by the Regional Office of Communal Aqueducts (ORAC). The court finds the denial was neither arbitrary nor unmotivated, but a decision grounded in protecting the sustainability of the essential public service. Additionally, the petitioners did not meet the regulatory requirements to process the renewal. No violation of fundamental rights is found, and the amparo is denied.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312082.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312082", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312082" }, { "id": "nexus-sen-1-0007-1312104", "citation": "Res. 16286-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water availability in Miravalles ASADA — technical impossibility", "title_es": "Disponibilidad de agua en ASADA de Miravalles — imposibilidad técnica", "summary_en": "The Constitutional Chamber denied an amparo action against the Miravalles ASADA in San Isidro de Pérez Zeledón. The petitioner claimed arbitrary denial of a water availability certificate for a single-family home after the ASADA issued contradictory documents in 2024–2025. The Chamber verified that the ASADA had issued availability letters, but each warned that the seal did not guarantee actual service. It further noted that the ASADA based its final refusal on a technical study from 2019/2023 showing a current water deficit of 2.19 l/s and a future deficit of 14.96 l/s, and that it followed an ICAA directive to stop issuing new availabilities. The Chamber held the denial was grounded in technical impossibility and was not capricious or arbitrary; therefore, no fundamental rights were violated. It emphasized that determining whether availability should be granted exceeds amparo competence and must be litigated in ordinary administrative or judicial proceedings.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312104.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312104", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312104" }, { "id": "nexus-sen-1-0007-1312107", "citation": "Res. 16298-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Tree within spring protection zone cannot be cut via amparo but through special summary derribo proceeding", "title_es": "Árbol en área de protección de naciente no se corta por vía de amparo sino mediante sumario de derribo", "summary_en": "The Constitutional Chamber denied an amparo filed against the Municipality of Alajuelita. The petitioner sought the cutting of a tree on municipal land adjacent to her home, alleging danger to occupants, aggravated health conditions (asthma, chronic rhinitis), structural damage from falling branches and leaves, leaks, flooding, and rodent access. The municipality reported that the tree stands within a spring protection zone under Article 33 of Forestry Law 7575 and relevant Water Directorate technical opinions; therefore, cutting was not permissible. The Chamber held that the proper legal avenue to address such a dangerous-tree dispute is not the constitutional amparo but the special summary derribo proceeding under Article 108 of the Civil Procedure Code, to be pursued before the ordinary courts with forestry expert input. Since the municipality had provided a reasoned response grounded in environmental law, and the amparo was not the correct procedural vehicle, the appeal was denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312107.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312107", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312107" }, { "id": "nexus-sen-1-0007-1312273", "citation": "Res. 17055-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Enforcement of sentence on recovery of protection zone of Chirracal stream", "title_es": "Cumplimiento de sentencia en recuperación de zona de protección de quebrada Chirracal", "summary_en": "The Constitutional Chamber addressed a post-judgment motion for non-compliance with the 2020 amparo order to recover the protection zone of the Chirracal stream, which had been extended in 2024. The petitioner requested that the case be referred to the Public Prosecutor's Office for alleged disobedience by the Municipality of Santa Ana. The Chamber found that the Municipality had initiated 16 special administrative proceedings against owners of properties encroaching on the protection zone, respecting due process, and that related judicial proceedings were ongoing. It held that the primary goal of the amparo order is to restore the enjoyment of the right, and that the Municipality's actions were aimed at that purpose. Consequently, it denied the motion and declined to refer the matter to the Public Prosecutor's Office.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312273.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312273", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312273" }, { "id": "nexus-sen-1-0007-1312275", "citation": "Res. 17057-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Contempt for failure to execute stabilization works on Bermúdez River", "title_es": "Desacato por obras de estabilización en el Río Bermúdez", "summary_en": "The Constitutional Chamber upheld an accusation of contempt filed against the Municipality of Heredia. The original 2022 ruling ordered the municipality to carry out the necessary studies to resolve erosion and slope instability along the Bermúdez River, which threatened adjacent properties. The municipality contracted hydrological and stabilization studies but argued it could not execute the works due to a pending constitutional challenge to Articles 33 bis and 33 ter of the Forestry Law, which blocked the issuance of a riverbed construction permit by MINAE. The Court holds that the delay is unjustified, as its mandate transcends those legal limitations and the granted deadline—extended three times—has been exceeded. It reiterates an immediate compliance order, warning that failure to comply may trigger administrative proceedings against the officials.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312275.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312275", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312275" }, { "id": "nexus-sen-1-0007-1312279", "citation": "Res. 17061-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience to ruling 2024018803 on illegal dump in Río Segundo protection zone", "title_es": "Desobediencia al voto 2024018803 sobre basurero clandestino en zona de protección del Río Segundo", "summary_en": "The Constitutional Chamber addresses a disobedience claim filed by an active coadjuvant against the Ministry of Health, the Municipality of Alajuela, and the Environmental Administrative Tribunal (TAA). The claimant argues that ruling No. 2024018803 of July 5, 2024, has not been complied with. That ruling ordered the authorities to resolve, within three months, the environmental pollution caused by an illegal solid waste dump, burning, and encroachment on the Río Segundo protection zone, and directed TAA to issue a final decision within two months. The Chamber finds that the deadlines have been significantly exceeded and the environmental harm persists. TAA has been unable to notify all accused parties or hold the oral hearing, so no final resolution has been issued. The Ministry of Health confirmed non-compliance with its sanitary order. The Municipality of Alajuela failed to submit a report. The Chamber upholds the disobedience claim, reiterates the compliance order, and warns that failure to comply may lead to an administrative procedure for disobedience and referral of the case to the Public Prosecutor for potential criminal charges.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312279.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312279", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312279" }, { "id": "nexus-sen-1-0007-1312280", "citation": "Res. 17062-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Post-Judgment Petitions on Eviction and Relocation in Bajo Cacao and La Mandarina", "title_es": "Inadmisibilidad de gestiones de posteriores a la sentencia de amparo sobre desalojo y reubicación en Bajo Cacao y La Mandarina", "summary_en": "Resolution 17062-2025 of the Constitutional Chamber deals with two post-judgment petitions filed by residents of Bajo Cacao and La Mandarina in Atenas who were not parties to the original case. The petitioners claim that the Ministry of Health issued eviction orders with a 43-day deadline without fulfilling the relocation mandated by prior judgment No. 2024021414. They also complain about the lack of documentation guaranteeing housing solutions, insufficient communication from the institutions, and the risk of eviction without the ordered mitigation measures. The Chamber dismisses the petitions, holding that the petitioners are not part of the case file and that, as the matter concerns legality, they may file their claims before the respondent authorities themselves or in the appropriate ordinary courts, where they can fully argue the merits and assert their rights.", "primary_topic_id": null, "topic_ids": [], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312280.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312280", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312280" }, { "id": "nexus-sen-1-0007-1312290", "citation": "Res. 17074-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Malecu Indigenous Fishing with Gillnets in Caño Negro and Failure of Prior Consultation", "title_es": "Pesca indígena Malecu con trasmallos en Caño Negro y omisión de consulta previa", "summary_en": "The Constitutional Chamber hears an amparo filed by an indigenous person from the Malecu territory, who claims that the National System of Conservation Areas (SINAC) prohibited them from fishing with gillnets or nets in the Caño Negro Mixed National Wildlife Refuge, an ancestral subsistence practice. SINAC based its prohibition on opinion PGR-C-153-2023, which states that only activities listed in Article 18 of the Forestry Law are allowed in protected areas, and that the Wildlife Conservation Law prohibits those fishing methods. The Chamber finds that while the challenged communication limits certain methods, it is not an absolute prohibition, since other permitted methods can be authorized. However, the Chamber warns of a structural omission by the State to carry out free, prior and informed consultation in accordance with ILO Convention 169, necessary to balance environmental protection and indigenous cultural rights in traditionally used areas outside formal territorial boundaries. It denies the amparo for lack of disproportionate or illegitimate action by SINAC, but stresses the urgency of harmonizing environmental regulations with international human rights standards and indigenous cosmovision.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "wildlife-law-7317", "procedural-environmental", "_off-topic" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312290.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312290", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312290" }, { "id": "nexus-sen-1-0007-1312293", "citation": "Res. 17078-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Tree felling in El Tirol does not violate right to a healthy environment", "title_es": "Corta de árboles en El Tirol no viola ambiente sano", "summary_en": "The Constitutional Chamber dismissed an amparo appeal filed by a company owning land in Residencial El Monte (El Tirol), San Rafael de Heredia, against the Municipality. The appellant claimed that the felling of cypress trees was indiscriminate and violated the right to a healthy environment. The Chamber found that the cutting was carried out in compliance with a ruling of the Agrarian Court of Alajuela (No. 2024-000011) ordering the removal of marked trees, based on technical criteria from SINAC. It also relied on its own prior rulings (2022-010605 and 2023-003137) holding that the trees did not constitute forest or protection zones under Article 33 of the Forestry Law. A new UNA study (April 2025) confirmed phytosanitary risks and recommended interventions. No fundamental rights violation was found. The appeal was flatly rejected regarding judicial actions.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312293.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312293", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312293" }, { "id": "nexus-sen-1-0007-1312296", "citation": "Res. 17081-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Congresswoman's amparo for delay in access to information on San José-San Ramón road project", "title_es": "Amparo de diputada por demora en acceso a información sobre proyecto vial San José-San Ramón", "summary_en": "The Constitutional Chamber reviews an amparo filed by a congresswoman who requested technical information from the Ministry of Public Works and Transport regarding the San José-San Ramón road corridor project, financed by CABEI. The request was sent by email on November 27, 2024, but no response was received until March 4, 2025, after the amparo was notified. The Chamber grants the amparo for violation of the right to petition and timely response, as the administration failed to answer within the ten-day legal deadline. The validity of the email used and the obligation to provide public-interest information are analyzed. The majority rules without awarding costs or damages, under Article 52 of the Constitutional Jurisdiction Law, considering no direct patrimonial harm occurred. Two justices partially dissent and impose costs and damages, arguing that the breach of the constitutional deadline constitutes an injury that must be compensated.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312296.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312296", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312296" }, { "id": "nexus-sen-1-0007-1312311", "citation": "Res. 17098-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for water body contamination and sewer obstruction in Alajuela", "title_es": "Amparo por contaminación de cuerpo de agua y obstrucción de alcantarilla en Alajuela", "summary_en": "The Constitutional Chamber hears an amparo remedy filed by residents of Sabanilla de Alajuela against MINAE, the Ministry of Health, and the Municipality of Alajuela. The petitioners complain about the invasion of public infrastructure (a storm sewer) and the contamination of a water body through illegal solid waste dumping, including tires and debris, by an individual who also runs an unlicensed tire shop. They accuse the authorities of omission and inadequate response to their complaints. The Chamber analyzes each entity's actions: the Municipality answered some filings but failed to respond to a specific request for information (filing 0024331-2025); MINAE forwarded the complaint to the Municipality but did not inform the petitioners of actions taken; and the Ministry of Health was still within the legal timeframe to resolve the sanitary complaint. The Chamber holds that it cannot review the merits of administrative decisions or determine the nature of the water body, as these are matters of ordinary legality. However, it identifies two specific violations: the Municipality's failure to answer an information request, and MINAE's failure to communicate with the petitioners. Consequently, the Chamber partially grants the amparo, ordering the Municipality to provide the requested information and MINAE's Environmental Comptroller to inform the petitioners of the status of their case.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312311.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312311", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312311" }, { "id": "nexus-sen-1-0007-1312314", "citation": "Res. 17101-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Obligation to resolve environmental complaints before the Municipality and the Ministry of Health", "title_es": "Obligación de resolver denuncias ambientales ante la Municipalidad y el Ministerio de Salud", "summary_en": "The Constitutional Chamber admitted an amparo action filed by a resident of El Roble, Puntarenas, against the Municipality of Puntarenas and the Health Area of Barranca (Ministry of Health), for the alleged failure to respond and provide a definitive solution to her complaints regarding the pollution and flooding caused by the Quebrada Bomba Vieja. The petitioner claimed that she filed administrative petitions in August and November 2024 without receiving a final resolution or solution to the problems of foul odors, industrial waste, sewage, and water stagnation. The respondent authorities reported having conducted inspections, issued a sanitary order, and carried out cleaning works, but the Chamber finds that no final resolution has been issued and no comprehensive solution has been communicated. Considering that the lack of a definitive resolution violates the rights to a healthy environment and health of the petitioner and the community, the Chamber grants the amparo and orders both institutions to definitively resolve the complaints and communicate the decisions within one month, under warning of disobedience.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312314.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312314", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312314" }, { "id": "nexus-sen-1-0007-1312319", "citation": "Res. 17106-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reform of municipal market regulation without public consultation", "title_es": "Reforma al reglamento del mercado municipal sin consulta pública", "summary_en": "The Constitutional Chamber reviews a writ of amparo against the Municipality of Acosta regarding a reform to Articles 34 and 36 of the Municipal Market Operation Regulation. The petitioner, representing the Acosta Market Tenants Association, alleges violation of the right to citizen participation because the 2014 reform was not submitted to the public consultation procedure of ten business days required by Article 43 of the Municipal Code. The majority of the Chamber dismisses the writ, reiterating that the natural forum for monitoring compliance with citizen participation in administrative procedures is the ordinary jurisdiction, not the constitutional one, except in exceptional cases. The dissenting opinion of Justices Cruz Castro and Rueda Leal holds that the omission of public consultation directly violates Article 9 of the Constitution and conventional obligations, and votes to grant the writ. The scope and direct enforceability of the fundamental right to participation are discussed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312319.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312319", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312319" }, { "id": "nexus-sen-1-0007-1312330", "citation": "Res. 17121-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental Amparo on Access to Wetlands Information in Talamanca", "title_es": "Amparo ambiental sobre acceso a información de humedales en Talamanca", "summary_en": "The Constitutional Chamber hears an amparo against SINAC for allegedly failing to provide complete information on wetlands in the maritime-terrestrial zone of Talamanca. The petitioner requested copies of wetland locations, reasons for not including new wetlands in the National Wetland Registry, explanations for the Punta Uva and Manzanillo cases, actions against an official, and certifications of occupants and municipal permits. The authority responded partially: it referred to the SNIT for locations, stated that MINAE decides on inclusion, cited ongoing judicial cases, and directed the petitioner to the municipality of Talamanca for permit information. The Chamber finds the response insufficient and an obstacle to the right of access to administrative information. It partially grants the amparo for points 1 through 4, ordering the requests to be forwarded to SNIT and MINAE (points 1 and 2) and requiring the requested information for points 3 and 4 to be provided within strict deadlines. Point 5 (municipal permit information) is dismissed because it must be requested directly from the municipality.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312330.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312330", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312330" }, { "id": "nexus-sen-1-0007-1312354", "citation": "Res. 17150-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Slaughterhouse closure for environmental non-compliance and location in protected area", "title_es": "Cierre de matadero por incumplimiento ambiental y ubicación en zona protegida", "summary_en": "The Constitutional Chamber denied an amparo filed by the owner of Matadero Santa Rosa against the closure and suspension of its Veterinary Operation Certificate ordered by SENASA. The court found that the facility lacked a valid discharge permit, its wastewater treatment system violated health and environmental regulations (Decree 39887-S-MINAE, Regulation 33601), and it was located within a protected area of the Pocosol River per SINAC's report, leading to a criminal complaint for encroachment. The Ministry of Health confirmed serious deficiencies in operational reporting, infrastructure, and sludge management, posing risks to public health and the environment. The Chamber held that the closure was based on multiple field inspections and technical reports since 2023, respecting due process, and that the right to a healthy environment (Article 50) and public health outweighed the petitioner's commercial interests.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "criminal-environmental", "procedural-environmental" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312354.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312354", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312354" }, { "id": "nexus-sen-1-0007-1312371", "citation": "Res. 17172-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of municipal response regarding waste collection fee", "title_es": "Amparo por falta de respuesta municipal en cobro de tarifa de residuos", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Puriscal. The petitioner, owner of several properties in the area, disputes a differentiated fee for ordinary waste collection and claims the municipality failed to timely respond to her information requests. The Chamber analyzes the facts and concludes that the original information request (February 7 and 20, 2025) was answered on February 27, 2025, by the Environmental Management Department, i.e., before notice of the amparo proceeding was served (May 19, 2025). Regarding the March 4, 2025, request, the petitioner sent it to an email address not belonging to the municipality, which therefore neither received it nor had an obligation to respond. The Chamber dismisses the amparo, finding no violation of the rights to petition and timely response.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312371.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312371", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312371" }, { "id": "nexus-sen-1-0007-1312424", "citation": "Res. 17238-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Access to Information on Puntarenas Estuary Contamination", "title_es": "Amparo por acceso a información sobre contaminación del Estero de Puntarenas", "summary_en": "A congressman filed an amparo action against the Ministry of Health for failing to respond to an information request regarding compliance with a Constitutional Chamber order concerning contamination of the Puntarenas Estuary by wastewater from the Municipal Market. The Chamber found that the Ministry responded late, violating the ten-business-day deadline established in the Constitutional Jurisdiction Law. The majority granted the amparo but did not award costs or damages, reasoning that the claim did not involve direct patrimonial harm and that the response was issued during the proceedings. Two dissenting magistrates partially dissented, imposing costs and damages on the respondent, arguing that failure to meet the constitutional deadline constitutes an injury warranting such an award.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312424.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312424", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312424" }, { "id": "nexus-sen-1-0007-1312439", "citation": "Res. 17253-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Delay by SENASA in resolving complaint about rooster noise", "title_es": "Demora del SENASA en resolver denuncia por ruido de gallos", "summary_en": "The petitioner filed an amparo action against the National Animal Health Service (SENASA) for the delay in addressing a complaint filed on February 21, 2025, concerning a rooster breeding operation that generated noise pollution and affected his health and quality of life. As of the filing date (May 2025), SENASA had neither resolved the complaint nor communicated any actions taken. The Constitutional Chamber granted the amparo, finding that although SENASA conducted several inspections (March 11, May 22 and 23, 2025), it failed to formally inform the petitioner of the outcome, having concluded that the bird-keeping was for subsistence and did not warrant a sanitary order. The Chamber deemed the delay of over three months without communication to be disproportionate and ordered SENASA to formally notify the petitioner of its actions and decision within ten days, and to pay costs, damages and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312439.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312439", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312439" }, { "id": "nexus-sen-1-0007-1312700", "citation": "Res. 17565-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience Claim Over Pending Demolition in Protected Area", "title_es": "Gestión de desobediencia por demolición pendiente en área protegida", "summary_en": "The Constitutional Chamber rules on a disobedience claim filed by the petitioner following ruling 2025007754, which ordered the Municipality of Pococí and SINAC to issue and execute administrative acts to resolve an illegal construction in a watercourse protection area. The authorities initiated the demolition process, notifying the owner in April 2025 with a 10-day deadline, but demolition has been delayed due to a request for extension on humanitarian grounds (poverty and minors) and the use of municipal machinery for cantonal rain emergencies. The Chamber finds that the authorities have taken action to address the situation, issuing the required acts and coordinating the pending demolition; thus, no unjustified non-compliance has been proven. The claim is denied, but the authorities are urged to carry out the demolition promptly, reaffirming their duty to protect the environment under Article 50 of the Constitution.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312700.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312700", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312700" }, { "id": "nexus-sen-1-0007-1312720", "citation": "Res. 17585-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo due to res judicata repetition and jurisdictional acts", "title_es": "Inadmisibilidad de amparo por reiteración de cosa juzgada y actos jurisdiccionales", "summary_en": "The Constitutional Chamber declares inadmissible the amparo appeal filed against the Judiciary regarding the seizure and extraction of information from cell phones in a criminal investigation conducted by the Agrarian Environmental Prosecutor's Office. The appellant argued that the proceedings were carried out without the presence of a guarantees judge, even though a criminal court had previously rejected the search warrant request. The Chamber determines that the facts had already been heard and decided in previous rulings (2023-028082 and 2023-032101), thus constituting res judicata. As for the subsequent judicial decisions (November 2024 and February 2025), it notes that because they are jurisdictional acts, they cannot be challenged via amparo, pursuant to Article 30(b) of the Constitutional Jurisdiction Law. The appellant must abide by the prior decision and, if she deems it appropriate, pursue ordinary legal remedies. The appeal is rejected outright.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312720.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312720", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312720" }, { "id": "nexus-sen-1-0007-1312832", "citation": "Res. 17701-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for identity of news source — Beija Flor", "title_es": "Amparo por identidad de fuente informativa — Beija Flor", "summary_en": "The petitioner, on behalf of an individual and a corporation, filed an amparo action against Televisora de Costa Rica and Telenoticias for failing to respond to a request for the identity of the persons who made an anonymous complaint in a news report. The story, titled “VECINOS ASEGURAN QUE EL DESARROLLO DE BEIJA FLOR SIGUE CONSTRUYENDO SIN PERMISOS” (NEIGHBORS CLAIM BEIJA FLOR DEVELOPMENT IS STILL BUILDING WITHOUT PERMITS), was deemed slanderous by the petitioners, who had already successfully exercised their right of reply. Given the lack of response to the request to disclose the source, they alleged a violation of their fundamental rights. The Constitutional Chamber rejected the appeal outright as inadmissible, finding that it did not meet the admissibility requirements for amparo against private entities, and that the dispute is a matter of ordinary legality. Additionally, Magistrate Rueda Leal expressed different reasons concerning the protected corporation, holding that legal persons are not holders of fundamental rights under Advisory Opinion 22-16 of the Inter-American Court, and that no essential link with a natural person was demonstrated. The Chamber ordered the appeal rejected and the documentation returned.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1312832.json", "html_url": "/legal/doc/nexus-sen-1-0007-1312832", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1312832" }, { "id": "nexus-sen-1-0007-1313005", "citation": "Res. 20497-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal omission to maintain local road – protection of life and physical integrity in amparo", "title_es": "Omisión municipal de mantenimiento de camino vecinal, protección de vida e integridad física en amparo", "summary_en": "The Constitutional Chamber heard an amparo filed by the president of a road committee against the Municipality of San Carlos for lack of maintenance and poor condition of Calle Beto Rojas (route 2-10-003), a category A local road. The claimant argued the road had not been paved or properly maintained despite repeated requests, affecting 43 people in 13 households, including elderly and seriously ill individuals, and impeding ambulance access. The Municipality justified inaction on technical grounds (road width below minimum standards) and the need for environmental permits due to nearby springs. The Court held that as a classified local road, the municipality has a duty to intervene and ensure maintenance of the cantonal road network, and the omission violated the residents' rights to life and physical integrity. The amparo was partially granted, ordering the municipality to implement provisional measures within two months and a definitive solution guaranteeing passability within twelve months, with warning of criminal liability. The claim against the Ombudsman was dismissed as no rights violation was found.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1313005.json", "html_url": "/legal/doc/nexus-sen-1-0007-1313005", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1313005" }, { "id": "nexus-sen-1-0007-1313008", "citation": "Res. 20509-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality of Osa ordered to repair Vergel and Tres Ríos roads within six months", "title_es": "Municipalidad de Osa debe reparar caminos de Vergel y Tres Ríos en seis meses", "summary_en": "The Constitutional Chamber granted an amparo action against the Municipality of Osa, filed by a resident of the communities of Vergel and Tres Ríos. The petitioner complained about the poor condition of the local public roads 6-05-028 and 6-05-087, stating that the clay surface becomes extremely slippery when wet, endangering the life and physical integrity of users, and that the municipality had partially or totally failed to comply with Executive Decree No. 30263-MOPT. By majority vote, the Chamber held that, although road maintenance is normally a matter of ordinary legality, the case involved an alleged grave and imminent danger to citizens' physical integrity, thus warranting constitutional intervention. Despite the municipality reporting multiple interventions since 2015 and a new one scheduled for 2025, the Chamber found the actions insufficient, noting that only one of the two roads was mentioned. It reaffirmed that municipalities must be efficient and proactive in maintaining road infrastructure, and that budgetary constraints do not excuse nonperformance. The Chamber ordered the municipality to take all necessary action within six months to make the Vergel and Tres Ríos roads safe and passable. Judge Garro Vargas dissented, arguing the case belonged in the ordinary courts.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1313008.json", "html_url": "/legal/doc/nexus-sen-1-0007-1313008", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1313008" }, { "id": "nexus-sen-1-0007-1313519", "citation": "Res. 92514-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Admission of unconstitutionality action against Decree 44974-S on regionalized waste management", "title_es": "Admisión de acción de inconstitucionalidad contra Decreto 44974-S de gestión regionalizada de residuos", "summary_en": "The Constitutional Chamber admits an unconstitutionality action against several articles of Executive Decree 44974-S, Regulation for the Regionalized Management of Ordinary and Organic Solid Waste in Costa Rica. The plaintiff alleges violation of constitutional articles 21 and 50, international treaties (Convention on Biological Diversity, Paris Agreement), and environmental principles (scientific tutelage, prevention, safe climate, progressiveness). Main arguments: omission of climate change variable; lack of strategic environmental assessment or SETENA environmental license despite territorial planning implications; unjustified exclusion of hazardous waste; lack of technical basis for transport limits (80 km, 45 km radius); and violation of municipal autonomy by imposing obligations via regulation. The Chamber admits the action, recognizing diffuse environmental interests as standing, and orders publication, notification, and hearings from the respondent authorities.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "10/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1313519.json", "html_url": "/legal/doc/nexus-sen-1-0007-1313519", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1313519" }, { "id": "nexus-sen-1-0007-1313761", "citation": "Res. 20525-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "MEP's failure to execute educational infrastructure works violates right to education", "title_es": "Omisión del MEP en ejecución de obras de infraestructura educativa vulnera derecho a la educación", "summary_en": "The Constitutional Chamber grants an amparo filed by the Administrative Board of the CTP Carlos Manuel Vicente Castro against the Ministry of Public Education (MEP) for failing to execute the second stage of a school infrastructure project, despite having allocated funds since 2021. The Court reiterates its case law on the MEP's constitutional duty to provide minimum infrastructure conditions to safeguard the right to education (Article 78). It finds that the Directorate of Educational Infrastructure (DIE) incurred unjustified delays —over three years without defining the contractual scope—, even though the first stage had construction and electrical deficiencies. The Court orders the integral resolution of the infrastructure problems within 18 months and immediate safety measures. Justice Salazar Alvarado adds a clarification on his position, and Justice Garro Vargas issues a partial dissent regarding enforcement, remitting it to the Administrative Court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1313761.json", "html_url": "/legal/doc/nexus-sen-1-0007-1313761", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1313761" }, { "id": "nexus-sen-1-0007-1313777", "citation": "Res. 16719-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition and delayed response to information request in environmental criminal case", "title_es": "Derecho de petición y respuesta tardía ante solicitud de información sobre causa penal ambiental", "summary_en": "The Constitutional Court reviewed an amparo filed by a complainant in an environmental criminal case against SINAC's Osa Conservation Area. The complainant sought information about inspections at a property under investigation for possible encroachment on protected areas. Despite multiple follow-ups, the administration did not respond within the statutory ten-business-day period, answering only after the amparo was admitted. The Court granted the amparo for violation of the right to petition and prompt response (Article 27 of the Political Constitution and Article 32 of the Constitutional Jurisdiction Law), but without awarding costs because the request was satisfied during proceedings. A partial dissenting opinion imposed costs, arguing that the deadline violation intrinsically harmed fundamental rights.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1313777.json", "html_url": "/legal/doc/nexus-sen-1-0007-1313777", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1313777" }, { "id": "nexus-sen-1-0007-1313779", "citation": "Res. 16724-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Electronic petition right versus digital-signature requirement and official channels — Bar Association", "title_es": "Derecho de petición electrónica frente a exigencia de firma digital y canales oficiales — Colegio de Abogados", "summary_en": "The Constitutional Chamber heard an amparo against the Costa Rican Bar Association for failing to respond to two information requests sent by email. The Bar argued that the emails were sent to non‑official addresses and that the petitioner’s digital signature was invalid. Applying its digital‑age petition‑right jurisprudence, the Chamber held that, although the emails were sent to non‑official accounts, the Bar acknowledged receipt and forwarded the requests to its Board of Directors, which decided to process them. Therefore, the institution was aware of the petitions and was obliged to answer them in a timely manner. Regarding the invalid digital signature, the Chamber reiterated that a signature is not required for email submissions when the content identifies the petitioner; moreover, the Bar never asked the petitioner to remedy the alleged defect. The amparo was partially granted, ordering the Bar to reply to the information requests, but it was denied regarding an exhortation to investigate possible influence‑peddling, which did not qualify as an actual petition or information request. The Bar was ordered to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1313779.json", "html_url": "/legal/doc/nexus-sen-1-0007-1313779", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1313779" }, { "id": "nexus-sen-1-0007-1313794", "citation": "Res. 21402-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of potable water in Río Frío communities", "title_es": "Amparo por falta de agua potable en comunidades de Río Frío", "summary_en": "The Constitutional Chamber heard an amparo filed by residents of Finca 10, Oasis Finca 9, Finca 8, Finca 7, and Colonia Los Ángeles, all in Río Frío, Horquetas de Sarapiquí, Heredia. They claimed that for many years they have lacked authorized potable water service, being informally supplied by Standard Fruit Company (Dole) and by artisanal wells, without quality, continuity, or safety standards, affecting their health, life, and right to a healthy environment. Although the Costa Rican Institute of Aqueducts and Sewers (AyA) acknowledged the problem and has taken some actions —including meetings since 2019, a study of vulnerable communities, provisional supply via tanker truck, and the application of a procedure for unauthorized operators—, the Chamber found these measures insufficient and that uncertainty persists regarding a definitive solution. AyA breached its constitutional duty to ensure the proper functioning of public services. The Chamber granted the amparo and ordered AyA to immediately implement a remedial plan and complete within twelve months the project to provide potable water to the affected communities.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "11/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1313794.json", "html_url": "/legal/doc/nexus-sen-1-0007-1313794", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1313794" }, { "id": "nexus-sen-1-0007-1313798", "citation": "Res. 21358-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for acequia pollution in La Troja neighborhood", "title_es": "Amparo por contaminación de acequia en urbanización La Troja", "summary_en": "The Constitutional Chamber heard an amparo filed by the president of the La Troja Neighborhood Committee, in Curridabat, against the Ministry of Health, the Costa Rican Institute of Aqueducts and Sewers (ICAA), the National Road Council (CONAVI), and the Municipality of Curridabat. The petitioners reported that a ditch adjacent to their community mixes stormwater and sewage, producing foul odors, mosquitoes, and flies, and endangering residents' health—a situation reported since 2012 without resolution. The Chamber found that all respondent entities knew of the problem and had overlapping responsibilities: the Ministry of Health must protect public health and coordinate elimination of illegal connections to the stormwater system; the ICAA's sanitary sewer network near Juan Santamaría School is incomplete, causing untreated discharges; CONAVI's drainage works, though not increasing flow, require cooperation to prevent stagnation; and the Municipality of Curridabat has failed to inspect illegal discharges and carry out needed works. The Chamber granted the amparo, imposing strict deadlines to resolve illegal connections and complete the sewer network, emphasizing the duty of inter-agency coordination to safeguard the right to a healthy environment (Article 50 of the Constitution).", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1313798.json", "html_url": "/legal/doc/nexus-sen-1-0007-1313798", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1313798" }, { "id": "nexus-sen-1-0007-1313805", "citation": "Res. 20503-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "INDER's Failure to Respond on Interinstitutional Commission Actions in Osa Settlement", "title_es": "Falta de respuesta del INDER sobre acciones de la Comisión Interinstitucional en el Asentamiento Osa", "summary_en": "The Constitutional Chamber heard an amparo filed by AGRIDET directors against INDER. They claimed that on November 20, 2024, they requested via email from INDER's Executive President information on the specific actions and solution proposals elaborated by the Interinstitutional Commission formed on February 19, 2024, to provide a comprehensive response to occupations in the Osa Campesino Settlement, after the suspension of lesividad proceedings. The respondent authority acknowledged receipt on December 5, 2024, but did not provide a substantive answer; later, on February 18, 2025, it sent an office with historical background, regulations, and generic conclusions, but without addressing the specific request. The Chamber verified that the response did not attend the concrete petition, thus partially granting the amparo only regarding the omission of response. It ordered INDER's general manager to, within ten days, address the request and deliver in writing the actions and proposals of the Interinstitutional Commission. Regarding the remaining issues—substantive disagreements about the adjudications in Osa Settlement—the Chamber declared itself incompetent as they exceeded the summary nature of amparo, directing the parties to the competent administrative or judicial channels.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1313805.json", "html_url": "/legal/doc/nexus-sen-1-0007-1313805", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1313805" }, { "id": "nexus-sen-1-0007-1313810", "citation": "Res. 92515-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional challenge to Articles 50 and 51 of Decree 43449-MINAE on fuel tank requalification", "title_es": "Acción de inconstitucionalidad contra artículos 50 y 51 del Decreto 43449-MINAE sobre recalificación de tanques de combustible", "summary_en": "The Constitutional Chamber admits for processing a constitutional challenge against Articles 50 and 51 of the Fuel Supply Regulation for Service Stations (Executive Decree 43449-MINAE). The petitioner, invoking diffuse interests, contests the term 'requalification' in Article 50 and Article 51, which allows extending the useful life of fuel storage tanks beyond the manufacturer's warranty by referencing INTE technical standards. The petitioner argues that requalification lacks requirements and procedures, does not mandate tank extraction or structural inspection, omits consultation with competent water resource agencies, and de facto delegates the technical decision to private professionals hired by concessionaires, violating the principles of progressivity, non-regression, precaution, and objectivity, as well as constitutional articles 7, 10, 11, 21, 46, 50, and 89. The Chamber admits the action and grants a hearing to the Attorney General's Office, the Ministry of Environment and Energy (MINAE), and the Ministry of Health, ordering publication of a notice in the Judicial Bulletin without suspending the general validity of the regulation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1313810.json", "html_url": "/legal/doc/nexus-sen-1-0007-1313810", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1313810" }, { "id": "nexus-sen-1-0007-1314108", "citation": "Res. 22229-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must verify and address health and environmental complaints", "title_es": "Municipalidad debe verificar y atender denuncias sanitarias y ambientales", "summary_en": "Residents of Calle Sara Soto in Santo Domingo de Heredia filed an amparo appeal against the Municipality for failing to address their complaints, filed since April 18, 2022, regarding problems with stormwater and sanitary sewer systems, a clandestine dump, an informal settlement, security, and environmental risks. The Constitutional Chamber partially granted the appeal, finding that the local government had not comprehensively resolved the complaints, merely holding meetings and performing some maintenance works without verifying or substantively addressing the issues, thus violating the right to prompt justice and the rights to health and a healthy environment. The Chamber ordered the Municipality, within eighteen months, to determine whether the reported problems exist on the indicated properties, regarding the sewer system, and whether installing security cameras is appropriate; if so, it must issue the necessary orders to resolve them and keep the residents informed. The appeal was denied regarding paving the road, oversight of private construction, and the creation of recreational spaces.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314108.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314108", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314108" }, { "id": "nexus-sen-1-0007-1314112", "citation": "Res. 22252-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SENASA-MINSA coordination on noise pollution from dog barking and health rights of a vulnerable minor", "title_es": "Coordinación SENASA-MINSA en contaminación sónica por ladridos de perros y derecho a la salud de menor vulnerable", "summary_en": "The Constitutional Chamber hears an amparo filed by a resident of San Juan de La Unión who claims that constant noise from several dogs in a neighboring house seriously affects the health of his minor son — who suffers from progressive cerebellar atrophy, epilepsy, and autism spectrum disorder — and the rest of his family, without the authorities having resolved the problem despite multiple complaints. The petitioner accuses the Ministry of Health (MINSA) and the National Animal Health Service (SENASA) of each claiming the matter falls under the other's jurisdiction. The Chamber analyzes Article 28 of the Environmental Noise Control Regulation, which assigns animal noise complaints to SENASA and limits MINSA's noise measurements to artificial sources, but interprets the SENASA General Law as making it a health authority obligated to protect human health as well. It concludes that SENASA ignored the health dimension of the noise and failed to coordinate with MINSA, and thus grants the amparo against SENASA, ordering it to rule on the reported noise pollution from a health rights perspective, coordinating with relevant institutions. It also orders MINSA to provide coordinated assistance. The petition against MINSA is dismissed because it timely referred the case.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314112.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314112", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314112" }, { "id": "nexus-sen-1-0007-1314116", "citation": "Res. 22280-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure of the Ministry of Health to Act on Noise Pollution Complaint Against Residential Bar", "title_es": "Omisión del Ministerio de Salud ante denuncia por contaminación sónica de bar residencial", "summary_en": "The Constitutional Chamber heard an amparo filed by a resident who reported noise pollution from a restaurant-bar. The claimant filed a complaint with the Health Area on March 12, 2025, alleging that the noise exceeded permissible levels under the Noise Control Regulation and affected his and his family's health. After months without a definitive solution, he turned to the Chamber. Although the administration conducted inspections, it failed to carry out noise measurement due to rain and issued a sanitary order for other violations, not for the noise. The Chamber found that administrative delay, lack of timely response, and absence of technical measurement violated the fundamental right to a healthy and ecologically balanced environment. It granted the amparo and ordered the Ministry of Health to perform noise measurement within one month and, if pollution is verified, to eliminate it definitively.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314116.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314116", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314116" }, { "id": "nexus-sen-1-0007-1314127", "citation": "Res. 15715-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of post-judgment motions in amparo over sewage contamination", "title_es": "Desestimación de gestiones posteriores en amparo por aguas negras", "summary_en": "The Constitutional Chamber reviewed post-judgment motions filed by a petitioner against the Ministry of Health and the Municipality of Alajuelita in relation to an amparo concerning sewage contamination in Vista Grande 2. The petitioner requested a finding of contempt and expressed disagreement with the prior ruling that had dismissed the amparo on procedural grounds. The Chamber held that the motions did not constitute a clarification or supplementation of the judgment, but rather a mere disagreement, which is inadmissible under Article 11 of the Constitutional Jurisdiction Law prohibiting any further challenges against its decisions. The Chamber recalled that the original amparo was dismissed for failure to comply with formal requirements (missing signature and lack of information on prior complaints). The post-judgment motions were dismissed, and the petitioner was advised that a new amparo could be filed in compliance with Article 38 of the same law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314127.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314127", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314127" }, { "id": "nexus-sen-1-0007-1314188", "citation": "Res. 17972-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Joinder of amparo petitions regarding the La Meseta Well protection zone", "title_es": "Acumulación de amparos por área de protección del Pozo La Meseta", "summary_en": "The Constitutional Chamber hears an amparo petition filed by two citizens against the Municipality of San Rafael de Heredia and the Costa Rican Institute of Aqueducts and Sewers (ICAA), alleging disrespect for the 200-meter protection zone around the La Meseta Well, a drinking water source for approximately 32,000 people. The petitioners claim that the Municipality has granted construction permits for a housing subdivision within the protection zone, contrary to criteria from SENARA, which classifies the area as one of absolute protection, and from the ICAA itself, which has warned about risks of groundwater contamination. They also denounce omissions by the respondent authorities in adopting concrete measures to protect the water resource, despite multiple complaints and technical warnings. Upon verifying that another amparo proceeding is pending (file 25-010565-0007-CO) with the same subject matter and respondent parties, and to avoid contradictory rulings, the Chamber decides to join this matter to that file without addressing the merits of the claims. The decision is limited to procedural joinder, grounded in the clear connection of facts and parties.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314188.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314188", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314188" }, { "id": "nexus-sen-1-0007-1314209", "citation": "Res. 18009-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality Must Notify Result of Public Road Invasion Complaint", "title_es": "Municipalidad debe notificar resultado de denuncia sobre invasión de vía pública", "summary_en": "The Constitutional Chamber heard an amparo filed by an older adult against the Municipality of Vázquez de Coronado. The plaintiff alleged that a ramp encroached on the public road and obstructed access to her property, and that the municipality failed to address her complaint in a reasonable time or notify her of the outcome. Although the municipality took internal steps, issued an administrative resolution, and demolished the ramp, the Chamber found that handling the complaint took over two months, exceeding the deadline set by the General Public Administration Law. It was also not proven that the plaintiff was formally notified of the result, violating her right to prompt administrative justice. The Chamber granted the amparo, ordering municipal authorities to formally notify the plaintiff of the result of her February 13, 2025 complaint within five days. The Chamber clarified that amparo proceedings are summary in nature and cannot accommodate inspections or expert reports, and that municipal reports given under oath carry evidentiary weight unless proven false through criminal proceedings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314209.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314209", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314209" }, { "id": "nexus-sen-1-0007-1314283", "citation": "Res. 18117-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal failure to respond to garbage collection request", "title_es": "Omisión de respuesta municipal sobre recolección de basura", "summary_en": "The Constitutional Chamber heard an amparo filed by a resident against the Municipality of Pococí for failing to respond to a request submitted on November 15, 2024, seeking garbage collection services for the community of La Unión, Guápiles. The petitioner argued that the lack of response violated fundamental rights and that waste accumulation polluted streets, rivers, and streams. The municipality reported that a private company was providing the service and that expansion was planned for the third quarter of 2026, and that a similar request from the Development Association had already been answered. However, the Chamber found that the administration had not issued a formal, direct response to the petitioner, breaching its duty to answer citizens' requests. The amparo was granted, ordering the municipality to respond within three days and awarding costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314283.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314283", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314283" }, { "id": "nexus-sen-1-0007-1314528", "citation": "Res. 17902-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Adherence to prior ruling on Aguas Zarcas River road damage in San Carlos", "title_es": "Estese a sentencia previa sobre afectaciones del Río Aguas Zarcas a camino comunal en San Carlos", "summary_en": "The Constitutional Court resolved an amparo petition filed by residents of the Valle del Río road committee in Aguas Zarcas, San Carlos, who claimed that the Municipality of San Carlos, the National Emergency Commission (CNE), the National Road Council (CONAVI), and the 911 Emergency Service had failed to provide a definitive solution to road damage caused by the Aguas Zarcas River over five years, endangering physical integrity and hindering access. Petitioners argued the provided solutions were temporary and insufficient. The Court found that the same facts and issues had already been addressed in ruling N° 2024-028875, which granted the amparo against the Municipality, ordering it to provide a comprehensive and definitive solution within twelve months following CNE recommendations. Since that deadline had not yet expired, the Court ordered petitioners to adhere to the prior ruling without re-examining the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314528.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314528", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314528" }, { "id": "nexus-sen-1-0007-1314598", "citation": "Res. 18128-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Lack of municipal response due to failure to indicate means of notification", "title_es": "Falta de respuesta municipal por no indicar medio de notificación", "summary_en": "The Constitutional Chamber reviews an amparo action filed by a citizen against the Municipality of Esparza. The petitioner claimed that the municipality failed to provide the feasibility study underlying a parking meter project, despite her written request and the matter being discussed in a Municipal Council session. However, the Chamber found that the petitioner did not indicate a place or means to receive notifications in her request, which is a necessary requirement for the administration to provide a formal response. The Chamber reiterates its case law that when the lack of response is attributable to the petitioner for not specifying where to be notified, an amparo action for violation of the right of petition cannot be granted. The appeal is dismissed, concluding that the petitioner's fundamental rights were not violated, as the impossibility of notification was due to her own omission.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314598.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314598", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314598" }, { "id": "nexus-sen-1-0007-1314649", "citation": "Res. 18414-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Correction of costs order against SETENA vs. the State in amparo", "title_es": "Rectificación de condena en costas a SETENA vs. Estado en amparo", "summary_en": "The Constitutional Chamber addresses a motion to correct a material error in judgment 2023026912, which granted amparo against SETENA for failure to respond. The petitioner first requested that the costs be imposed on SETENA, arguing it has its own legal personality; the Chamber agreed via resolution 202401620. Subsequently, the same petitioner noted that SETENA lacks legal personality, and the costs should fall on the State. Based on Article 12 of the Constitutional Jurisdiction Law, the Chamber corrects resolution 202401620, reinstating the original order against the State. The ruling reaffirms the order to SETENA to expressly resolve the petitioner's request within ten working days, under warning of disobedience.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314649.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314649", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314649" }, { "id": "nexus-sen-1-0007-1314875", "citation": "Res. 18652-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flooding from municipal culverts in Barrio El Roble, Liberia", "title_es": "Inundaciones por alcantarillado municipal en Barrio El Roble, Liberia", "summary_en": "The Constitutional Chamber flatly rejects an amparo action filed by the president of the Integral Development Association of Barrio El Roble de Liberia against the Municipality of Liberia. The plaintiff alleged that the installation of larger culverts on an adjacent road was diverting stormwater into an unmaintained channel, causing flooding, isolation, and health risks for the community, predominantly elderly residents. The Chamber views the claim as environmental and related to the right to prompt administrative justice (Article 41 of the Constitution). However, it rules that the amparo is premature, as the reasonable two-month period for the authority to respond to the complaint filed on May 14, 2025, had not yet elapsed. The Chamber notes that once this period expires, the party may file amparo again.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314875.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314875", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314875" }, { "id": "nexus-sen-1-0007-1314958", "citation": "Res. 18761-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature Disobedience Claim Denied in AB-1477 Well Case", "title_es": "Desobediencia prematura no ha lugar en caso de pozo AB-1477", "summary_en": "The Constitutional Chamber dismisses as premature a new disobedience claim filed by the petitioner regarding compliance with Judgment No. 2020-015207 and subsequent interlocutory orders. Those orders required ICAA and MINAE to resolve the registration and potable water supply problem of well AB-1477, while guaranteeing service in the interim. Although the petitioner alleges a new breach, the Chamber notes that after the latest extension granted on October 4, 2024, for a non-extendable 18 months, only 8 months had elapsed when the claim was filed (June 13, 2025). It therefore rules the claim unfounded, without prejudging ultimate compliance. The warning of criminal and administrative consequences for disobedience is reiterated.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314958.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314958", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314958" }, { "id": "nexus-sen-1-0007-1314961", "citation": "Res. 18764-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline for eviction and relocation in Bajo Cacao and La Mandarina", "title_es": "Ampliación de plazo para desalojo y reubicación en Bajo Cacao y La Mandarina", "summary_en": "The Constitutional Chamber resolves a subsequent motion to judgment 2024021414, in which the Municipality of Atenas requests an extension of the twelve-month deadline to carry out the eviction and relocation of inhabitants in risk zones in Bajo Cacao and La Mandarina. The Court finds that the respondent authorities have indeed taken significant actions (meetings, lot recovery, inter-institutional coordination), but outstanding tasks remain, such as completing an environmental management plan, vacating municipal lots, and conducting technical studies. It considers that the authorities have not been arbitrarily neglectful and that the difficulties presented justify an extension. Consequently, it extends the deadline by an additional, non-extendable six months from notification of this resolution, so that the orders are fully complied with, including palliative measures for contaminated water discharge and illegal connections.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314961.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314961", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314961" }, { "id": "nexus-sen-1-0007-1314968", "citation": "Res. 18772-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flooding and lack of storm drain maintenance in El Cocal, Puntarenas", "title_es": "Inundaciones y falta de mantenimiento del alcantarillado pluvial en El Cocal de Puntarenas", "summary_en": "The Constitutional Chamber heard an amparo action filed by a resident of the El Cocal neighborhood in Puntarenas, on her own behalf and that of other neighbors, against the National Roads Board (CONAVI), the Ministry of Health, and the Municipality of Puntarenas. The claimant reported that for years they have suffered constant flooding caused by rain and high tides, aggravated by obstruction of the storm drain system, missing grates on manholes, and lack of maintenance, creating health and safety risks. The Chamber found that the Municipality of Puntarenas had been aware of the problem since March 2022 and had not taken effective measures, despite the affected road being a cantonal route and having received a sanitary order. It also criticized the Ministry of Health for failing to timely follow up on its own sanitary orders. The court partially granted the amparo, ordering the Municipality to comply with the sanitary order and the Ministry of Health to ensure compliance.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314968.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314968", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314968" }, { "id": "nexus-sen-1-0007-1314973", "citation": "Res. 18777-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to Petition and Access to Information Regarding Subdivisions in the Amistad Caribe Conservation Area", "title_es": "Derecho de petición y acceso a información sobre fraccionamientos en el Área de Conservación Amistad Caribe", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by Marco Vinicio Levy Virgo against the Amistad Caribe Conservation Area of MINAE. The petitioner claimed that, through a letter dated November 26, 2024, he requested information on various topics, including the basis for subdivisions in specific plans, names of involved officials, and copies of documents and cadastral plans. Although the authority responded with official letter SINAC-ACLAC-DR-0017-2025 dated January 9, 2025, the petitioner argued that his request was not fully addressed. The Chamber examined each request and determined that most were answered before the filing of the amparo, or were requests for legal or technical opinions not subject to amparo protection. However, a specific part—the provision of the names of public officials who participated in the subdivisions of plans L-140813-1993 and L-148973-1993—was neither properly answered nor fulfilled. Consequently, the Chamber partially granted the amparo, ordering the respondent to deliver that information within ten days, while safeguarding sensitive data, and imposed costs, damages, and losses on SINAC. The remainder of the amparo was denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314973.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314973", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314973" }, { "id": "nexus-sen-1-0007-1314991", "citation": "Res. 18797-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of drinking water availability for technical reasons", "title_es": "Denegatoria de disponibilidad de agua potable por razones técnicas", "summary_en": "The Constitutional Chamber dismisses an amparo action filed by approximately 40 residents of Matinilla de Santa Ana, San José, against the Costa Rican Institute of Aqueducts and Sewers (AyA). The plaintiffs alleged a violation of their fundamental right to water after their request for water meter installation was denied. The Chamber finds that the request was denied on March 23, 2021, for objective technical reasons: the property's topographic location at an elevation higher than the tank outlet prevents adequate supply, and the property lies outside the system's coverage area. Furthermore, it is not proven that a pending request existed when the amparo was filed (March 26, 2025), so no omission is attributable to the respondent. The Chamber reaffirms its case law that the right to water is not unrestricted and may be subject to technical and legal requirements, and that disputes over service eligibility must be pursued through ordinary administrative litigation, not through constitutional amparo.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314991.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314991", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314991" }, { "id": "nexus-sen-1-0007-1314999", "citation": "Res. 18806-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Tajo COMAG: Amparo on Contamination and Access to Administrative File", "title_es": "Tajo COMAG: amparo sobre contaminación y acceso a expediente administrativo", "summary_en": "The Constitutional Court reviews an amparo against MINAE, the Ministry of Health, and the Municipality of San José regarding the alleged illegal operation of a dump (Tajo COMAG) and the CBZ asphalt plant in Pavas, causing contamination of aquifers, soil, and wildlife. The petitioner also claims denial of access to the CBZ plant’s administrative file requested on October 26, 2023. The Court finds that the contamination complaints were already decided on the merits in ruling 2020-18319, which partially granted a prior amparo ordering the Ministry of Health and the Municipality to take actions to resolve the illegal dump. Likewise, the access-to-file claim was already analyzed in ruling 2024-012468, which denied the appeal due to lack of standing. The Court rules that the petitioner must abide by those prior decisions and that the contamination allegations will be processed as a non-compliance proceeding in the original case file.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1314999.json", "html_url": "/legal/doc/nexus-sen-1-0007-1314999", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1314999" }, { "id": "nexus-sen-1-0007-1315002", "citation": "Res. 18810-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of Access to Sanitary Orders Against a Municipality", "title_es": "Derecho de acceso a órdenes sanitarias contra municipalidad", "summary_en": "The Constitutional Chamber heard an amparo filed by the owner of a digital news outlet against the Ministry of Health, which denied him copies of pending sanitary orders against the Municipality of Puntarenas. The petitioner requested the information based on public interest and his rights to access to information, press freedom, and freedom of thought. The Ministry refused, arguing the petitioner was not a party to the administrative proceedings, showed no legitimate interest, and that disclosing the information could affect the municipality's due process while its procedures were ongoing. The Chamber found that sanitary orders are matters of clear public interest, and the petitioner had not requested access to the full administrative file, but only copies of the orders themselves. It held that the denial violated the right of access to administrative information, and that the authority could redact any sensitive data. The amparo was granted, and the Ministry was ordered to provide the requested copies within five days.", "primary_topic_id": null, "topic_ids": [], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315002.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315002", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315002" }, { "id": "nexus-sen-1-0007-1315007", "citation": "Res. 18815-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to address sewage contamination complaints", "title_es": "Desatención de denuncias por contaminación de aguas negras", "summary_en": "The petitioner filed an amparo action against the Ministry of Health, claiming that the Goicoechea Health Area had failed to address her complaints about sewage infiltration from a supermarket, which affected her home and health. The Constitutional Chamber analyzed the case and found that the 2024 complaints had been closed after inspections during which the petitioner herself indicated the problem was resolved. The most recent complaint, from April 2025, was being actively processed with inspections and dye tests. The Chamber concluded that there was no neglect or violation of fundamental rights, and therefore dismissed the appeal. Separate opinions by Magistrates Castillo Víquez and Salazar Alvarado on jurisdiction are included.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315007.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315007", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315007" }, { "id": "nexus-sen-1-0007-1315008", "citation": "Res. 18816-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "No environmental harm proven from waste collection at Sinaí School", "title_es": "No se acredita afectación ambiental por recolección de residuos en Escuela Sinaí", "summary_en": "The Constitutional Chamber examined an amparo action filed by students of Sinaí School in Pérez Zeledón, alleging that the Municipality of Pérez Zeledón and the Road Safety Council (COSEVI) violated their fundamental rights. The students claimed that a perimeter fence installed by COSEVI as part of the 'Safe Pedestrian Mobility' project caused problems with garbage collection at the school, leading to environmental pollution and health risks. They also argued that a planned modification to the fence would increase danger to pedestrian safety. After reviewing sworn statements from the respondent authorities and the school principal, the Chamber found no violation of fundamental rights. The Municipality demonstrated that it collects non-recyclable solid waste every Tuesday and recyclables every two weeks. COSEVI affirmed that the perimeter fence serves its purpose of protecting students' lives and that no modifications are planned. Since the alleged threats were not proven, the appeal was denied. Justice Salazar Alvarado appended a note clarifying that while his general position is that environmental matters with prior administrative action fall under the contentious-administrative jurisdiction, he reached the merits here because health and a healthy environment (Article 50 of the Constitution) were at stake due to the alleged lack of waste collection, making this an exceptional case.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315008.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315008", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315008" }, { "id": "nexus-sen-1-0007-1315015", "citation": "Res. 18823-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on Stormwater Management and Property Erosion", "title_es": "Amparo sobre manejo de aguas pluviales y erosión de propiedades", "summary_en": "The Constitutional Chamber reviews an amparo filed by landowners in San Isidro de Heredia claiming the Municipality diverted stormwater onto their properties, causing erosion and risk to their homes, and failed to comply with binding recommendations from the National Emergency Commission. The Chamber finds the Municipality was not negligent, having conducted inspections, requested studies, and issued responses. A later municipal technical report contradicts the CNE’s finding, stating the watercourse is natural and not a diversion. The court holds that the dispute involves factual and technical determinations beyond the summary amparo procedure, and thus denies the appeal, directing the parties to ordinary legal channels.", "primary_topic_id": null, "topic_ids": [], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315015.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315015", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315015" }, { "id": "nexus-sen-1-0007-1315034", "citation": "Res. 18845-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of access to information on university tree population", "title_es": "Derecho de acceso a información sobre población arbórea universitaria", "summary_en": "The petitioner requested information from the Rector of the University of Costa Rica on April 7, 2025, regarding reports, maintenance plans, monitoring, technical criteria, and other data on the tree population of its campuses, from 2015 onward. Given the lack of a complete response, she filed an amparo action. The respondent argued that the request was complex, involving multiple departments, and that partial information had already been delivered on May 9, 2025. The Constitutional Chamber found that, while most points were answered, section d)—reports from the University Forest Commission—was not satisfied, as the Administration conditioned delivery on the requester stating the purpose of her request. The Court held that such a condition is improper and violates the right of access to information. It granted the amparo, ordering delivery of the complete information within two months, with costs awarded against the University.", "primary_topic_id": null, "topic_ids": [], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315034.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315034", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315034" }, { "id": "nexus-sen-1-0007-1315134", "citation": "Res. 18948-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental complaint in Playa Dominical and Dominicalito — premature amparo", "title_es": "Denuncia ambiental en Playa Dominical y Dominicalito — amparo prematuro", "summary_en": "The Constitutional Chamber hears an amparo filed by María Estela Aguilar Corella against the Municipality of Osa for allegedly failing to address environmental complaints submitted on February 18 and 25, 2025, regarding illegal activities on the beaches of Dominical and Dominicalito. The petitioner claims that neither municipal inspectors nor the mayor have addressed her complaints about violations of protected areas and the environment. The court analyzes the municipality's response and determines that the administration has indeed taken actions: it conducted an inspection on March 11, 2025, that confirmed illegal activities; it summoned the complainant to several hearings (which she did not attend until April 21); and it has promoted the creation of an inter-institutional commission involving SINAC, the Environmental Prosecutor's Office, the Public Force, the Ministry of Health, and MOPT to address the issue. The Chamber concludes that an unreasonable period has not elapsed since the complaint, and thus the amparo is premature, and denies it, while warning the municipality of its obligation to provide a timely solution. The ruling also dismisses the petitioner's additional allegations of personal persecution, as they exceed the summary nature of the amparo procedure.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315134.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315134", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315134" }, { "id": "nexus-sen-1-0007-1315154", "citation": "Res. 18968-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality of Golfito acted on flood risk in Purruja", "title_es": "Municipalidad de Golfito actuó ante riesgo de inundación en Purruja", "summary_en": "The petitioner, owner of a property in Purruja de Golfito, claims that soil erosion threatens to collapse a structure and cause the Purruja River to flood, endangering homes, an elderly person, and a school. Although she made emergency reports to 911, she accuses the Municipality of inaction. The Constitutional Chamber denies the appeal for two reasons: first, because the petitioner did not file a formal written complaint with the municipality, a jurisprudential requirement for admissibility of amparo in environmental matters; second, because it is proven that the Municipality, through its Emergency Committee, had taken steps before the amparo, such as referrals to the MOPT and requesting machinery from the CNE, thus attending to the issue. No omission or violation of fundamental rights is found. One judge adds a note on the ordinary legality nature of such cases, and another dissents, arguing that the National Emergency Commission should have been joined.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315154.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315154", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315154" }, { "id": "nexus-sen-1-0007-1315178", "citation": "Res. 18993-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against patent cancellation in the Border Mile without grounds", "title_es": "Amparo por anulación de patentes en la Milla Fronteriza sin fundamentación", "summary_en": "The Constitutional Chamber reviews an amparo filed by the legal representative of a commercial establishment located in the Border Mile of Los Chiles against a municipal council decision ordering the immediate cancellation of all patents granted in that sector. The petitioner argues that the decision lacks reasoning and violates her right to defense. During proceedings, the Municipal Council annulled the challenged decision but kept the instruction not to renew patents once Law 9577 expires. The Chamber dismisses the amparo, holding that the dispute over the administrative act and its subsequent annulment is a matter of ordinary legality to be resolved in administrative or contentious-administrative proceedings, not constitutional jurisdiction. Judge Rueda Leal dissents, arguing that amparo in favor of a legal entity should be rejected outright absent proof of an essential link to an affected natural person.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315178.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315178", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315178" }, { "id": "nexus-sen-1-0007-1315236", "citation": "Res. 19052-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality responded to environmental complaint within reasonable time", "title_es": "Municipalidad atendió denuncia ambiental en plazo razonable", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Vázquez de Coronado for an alleged violation of the right to petition and to prompt administrative justice. The petitioner had filed a complaint about noise pollution and suspected irregularities in construction permits and business licenses of a commercial establishment. The court found that the municipality inspected the site, issued closure orders, opened a demolition proceeding, and provided information to the complainant within reasonable timeframes – even before being notified of the amparo. The appeal was dismissed as there was no omission or undue delay; the petitioner’s request was answered in a documented manner, and the data of the active proceeding is confidential under the Data Protection Law. Nevertheless, the mayor is reminded of her duty to safeguard the right to a healthy environment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315236.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315236", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315236" }, { "id": "nexus-sen-1-0007-1315288", "citation": "Res. 19107-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against municipality for timely justice", "title_es": "Inadmisibilidad del amparo contra municipalidad por justicia pronta y cumplida", "summary_en": "The Constitutional Court summarily dismisses an amparo action against the Municipality of Barva. The plaintiff claimed that since March 31, 2025, he had filed an administrative request for the intervention and widening of a public road without receiving a response. The Court holds that failure to resolve within legal deadlines is a matter of ordinary legality, no longer amenable to amparo after the entry into force of the Administrative Contentious Procedure Code (Law 8508), which provides swift and effective remedies. The Court excludes the application of the right to petition, access to information, or timely justice, referring the matter to the administrative-contentious jurisdiction. Justices Cruz Castro and Rueda Leal dissented; the latter would have applied vicarious standing given the environmental implications and ordered the amparo to proceed.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315288.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315288", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315288" }, { "id": "nexus-sen-1-0007-1315313", "citation": "Res. 19132-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo appeal against Ministry of Health for noise regulation enforcement", "title_es": "Recurso de amparo contra Ministerio de Salud por aplicación de normativa de ruido", "summary_en": "The Constitutional Chamber summarily dismisses an amparo appeal filed against the Ministry of Health, Los Santos Health Area, for the alleged incorrect application of the Environmental Noise Law. The appellant, a DJ who claims to earn a living from the industry, argues that the authority is limiting commercial and tourism growth by applying noise regulations in commercial zones as if they were residential, threatening business closures and forcing establishments to shut down at 10 p.m. However, the appeal is declared inadmissible because the appellant presents his arguments in a generic and abstract manner, without identifying a specific and particular act that causes direct harm to his fundamental rights. The Chamber reiterates that amparo does not proceed in the abstract and that the appellant should have resorted to the appropriate legal channel, with no evidence of any prior complaint filed before the respondent authority. Consequently, the appeal is rejected outright, without addressing the merits of the claims regarding noise pollution or the enforcement of environmental noise regulations.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315313.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315313", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315313" }, { "id": "nexus-sen-1-0007-1315434", "citation": "Res. 19265-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for nauseating odors and wastewater", "title_es": "Amparo por olores nauseabundos y aguas servidas", "summary_en": "The Constitutional Chamber flatly dismisses an amparo petition filed by a resident of San Pablo de Barva de Heredia against the Ministry of Health. The petitioner alleged that for three years he has suffered from nauseating odors emanating from a neighboring property that lacks proper drainage for blackwater, graywater, and stormwater, which run in the open, affecting his rights to a healthy environment (Article 50 of the Constitution), property, and health. He stated that he filed a complaint with the Ministry of Health on May 12, 2025, but received no response. The majority of the Chamber holds that the amparo is premature because the reasonable two-month period that case law allows the administration to address such environmental complaints—linked to the right to prompt and complete administrative justice (Article 41 of the Constitution)—has not yet elapsed. Judges Cruz Castro and Rueda Leal dissented, arguing that the amparo should have been admitted because the alleged situation could pose an imminent threat to health, a scenario in which the two-month period does not apply.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315434.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315434", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315434" }, { "id": "nexus-sen-1-0007-1315453", "citation": "Res. 23206-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of drinking water in La Ganga de Siquirres", "title_es": "Amparo por falta de agua potable en La Ganga de Siquirres", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by residents of La Ganga, Siquirres, Limón, against the Costa Rican Institute of Aqueducts and Sewers (ICAA) and the Linda Vista ASADA, for lack of drinking water supply. The aqueduct, over 40 years old, has hydraulic and infrastructure deficiencies preventing service. Although an expansion project exists, it is stalled due to lack of funds. The court held that, while authorities are not forced to provide an impossible service, the existence of a feasible improvement project and the inaction of the respondents violated the community's fundamental rights. It granted the amparo, ordering immediate implementation of a remedial plan and completion of the project within eighteen months, with warning of imprisonment or fine, and imposed costs and damages. Magistrate Garro Vargas dissented regarding enforcement, stating it should be handled by the Administrative Litigation Court's Enforcement Area.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315453.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315453", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315453" }, { "id": "nexus-sen-1-0007-1315455", "citation": "Res. 23174-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Relocation of deaf students due to inadequate conditions in improvised classroom", "title_es": "Traslado de estudiantes sordos por condiciones inadecuadas de aula improvisada", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by the mother of six deaf students at the Mario Quirós Sasso Vocational Technical High School in Tres Ríos, who had various complex diagnoses. The petitioner claimed the students were receiving classes in a storage room lacking windows, natural ventilation, sufficient lighting, or emergency exits, violating their rights to education, health, and a healthy environment. The Ministry of Public Education (MEP) was aware of the inadequacy, as its own regional and national advisors had repeatedly recommended a larger and more suitable space without implementing a definitive solution. The Chamber found that MEP authorities violated the students' fundamental rights by allowing them to remain in a space that did not meet minimum safety and learning conditions, particularly given their vulnerability. Consequently, the amparo was granted, and the MEP was ordered to relocate the Multilevel Hearing and Language Group to a larger space within the school within a maximum of two months, ensuring a healthy and adequate educational environment.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315455.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315455", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315455" }, { "id": "nexus-sen-1-0007-1315474", "citation": "Res. 23023-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of Unconstitutionality Claim Against Estuary Delimitation in Abangares and Cañas", "title_es": "Rechazo de inconstitucionalidad contra delimitación de ría en Abangares y Cañas", "summary_en": "The Constitutional Chamber flatly dismisses an unconstitutionality action filed by a landowner against the Estuarine Public Zone Delimitation of the Abangares, Bebedero-Tenorio and Cañas Rivers (published in Official Gazette No. 147 of 2020). The petitioner claimed the delimitation arbitrarily brought his registered property under the Maritime-Terrestrial Zone regime without notification, hearing or compensation, violating property rights, due process, citizen participation, legal certainty, municipal autonomy, the non-retroactivity principle and the Escazú Agreement. The Chamber does not address the merits because the petitioner lacks standing: there is no prior pending matter (administrative or judicial) in which the unconstitutionality of the act was raised as a reasonable means of defense, as required by Article 75 of the Constitutional Court Law. The incidental action is the general rule; direct actions are exceptional and only apply to diffuse or collective interests, which were not demonstrated. Due to this essential procedural defect, the claim is inadmissible.", "primary_topic_id": null, "topic_ids": [], "date": "23/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315474.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315474", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315474" }, { "id": "nexus-sen-1-0007-1315729", "citation": "Res. 03640-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Exemption from environmental assessment for adjustments and corrections to coastal regulatory plans in ZMT", "title_es": "Exención de evaluación ambiental para ajustes y rectificaciones de planes reguladores costeros en ZMT", "summary_en": "The Constitutional Chamber analyzes an unconstitutionality claim against several articles of the Manual for the Preparation of Coastal Regulatory Plans in the Maritime-Terrestrial Zone (ZMT), published in 2021. The claimant argues that the rules regressively exempt adjustments and corrections to regulatory plans from strategic environmental assessment by SETENA, creating unjustified thresholds (such as 20%) without technical support, violating the right to a healthy environment (Art. 50 CP), the precautionary, non-regression, progressivity and scientific protection principles, and the Convention on Biological Diversity. The Chamber partially grants the action, annulling articles 13.2.iii), 13.9 and 14.7.1 a) and b) for excluding environmental assessment. Regarding the other challenged articles (13.6, 13.7, 14.5.1, 14.5.2, 14.6, 14.12 and 14.13), it declares them constitutional only under the interpretation that any change to a regulatory plan must be submitted to SETENA for its corresponding environmental assessment and comply with inter-institutional coordination procedures. The ruling is declaratory with retroactive effects, without prejudice to good faith acquired rights. Judge Cruz Castro partially dissents and also finds article 14.5.2 unconstitutional.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "05/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1315729.json", "html_url": "/legal/doc/nexus-sen-1-0007-1315729", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1315729" }, { "id": "nexus-sen-1-0007-1316412", "citation": "Res. 23506-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Tree felling due to technical risk in Sabanilla, Montes de Oca", "title_es": "Tala de árboles en riesgo por razones técnicas en Sabanilla de Montes de Oca", "summary_en": "The Constitutional Chamber decided an amparo action brought by neighbors of the Málaga and Emanuel residential complexes in Sabanilla, Montes de Oca, who alleged that the Municipality of Montes de Oca illegally authorized the felling of three large trees on an adjacent private property, lacking legal competence and without ordering recovery or compensation measures. The Chamber rejected the amparo, finding that the municipality's actions did not constitute a tree-felling permit, but rather a response to a neighborhood complaint about trees posing a latent danger to safety and human life. Following a technical inspection, the municipality notified the property owner of the need to isolate and eliminate the risk, in accordance with Articles 403-405 of the Civil Code, which obligate owners to maintain their properties without endangering third parties. The Chamber noted that the cutting was carried out by the owners as part of their maintenance duties, and that the Municipal Environmental Management unit did not issue a felling permit, which falls under MINAE's jurisdiction. The ruling stresses that, despite denying the amparo, authorities must continue to ensure environmental protection and public safety. It includes a separate note by Magistrate Salazar Alvarado on the admissibility of amparo in environmental matters and a dissenting vote by Magistrate Rueda Leal, who ordered that the appeal be expanded against MINAE.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "forestry-law-7575" ], "date": "29/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1316412.json", "html_url": "/legal/doc/nexus-sen-1-0007-1316412", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1316412" }, { "id": "nexus-sen-1-0007-1316469", "citation": "Res. 23963-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber orders definitive correction of contamination from abandoned Los Pinos Landfill in Cartago", "title_es": "Sala Constitucional ordena corrección definitiva de contaminación por abandono del Relleno Sanitario Los Pinos en Cartago", "summary_en": "The Constitutional Chamber granted an amparo claim against the Municipality of Cartago and the Cartago Health Authority due to the lack of maintenance and abandonment of the Los Pinos Landfill, which generated serious environmental and public health risks. Although the Municipality argued that responsibility lay with the private companies with which it had signed a conciliation agreement for technical closure, the Chamber held that a local entity cannot hide behind legal formalities when fundamental rights are at stake. It also noted that the health authority had not been effective in guaranteeing a healthy and ecologically balanced environment. The Chamber ordered both entities to definitively correct the problem within two months and to adopt immediate palliative measures, reaffirming the high degree of municipal responsibility in environmental matters and the displacement of formalities in the face of threats to health and the environment.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1316469.json", "html_url": "/legal/doc/nexus-sen-1-0007-1316469", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1316469" }, { "id": "nexus-sen-1-0007-1316473", "citation": "Res. 24007-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flooding from drainage in La Cruz: municipal duty to protect an elderly person", "title_es": "Inundaciones por alcantarillado en La Cruz: deber municipal de proteger a persona adulta mayor", "summary_en": "The Constitutional Chamber hears an amparo filed by an elderly person against CONAVI and the Municipality of La Cruz. The claimant alleges that inadequate stormwater management and an unfinished sewer network cause flooding on her property, located along the North Inter-American Highway. The Chamber finds no liability of CONAVI, since the flooding was not proven to originate from the national road drainage system and the culvert was functioning properly. However, it confirms the existence of an unfinished municipal project and holds that the Municipality has a duty to investigate and solve the problem, particularly because the claimant is an elderly person. The appeal is partially granted: the Municipality is ordered to take the necessary actions within three months to resolve the flooding, coordinating with CONAVI if required; and CONAVI is ordered to provide a written response to the request filed in September 2024, as its failure to do so violated the right to prompt and complete justice. The magistrates file separate opinions on execution jurisdiction and the scope of amparo in cases of administrative inaction. The decision reinforces municipalities’ duty to protect the rights to health and a healthy environment of inhabitants, especially vulnerable groups, applying the pro homine principle and Article 169 of the Constitution.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1316473.json", "html_url": "/legal/doc/nexus-sen-1-0007-1316473", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1316473" }, { "id": "nexus-sen-1-0007-1316475", "citation": "Res. 24030-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unpermitted charcoal operation and Ministry of Health inaction", "title_es": "Carbonera sin permisos y Ministerio de Salud omiso", "summary_en": "The owner of a lot in La Estrella del Guarco filed an amparo action against the Ministry of Health, alleging that a neighboring charcoal operation without sanitary permits generates smoke and dust that prevent construction and harm health and the environment. The complainant filed a complaint in February 2025 (No. 12-2025) and although the Ministry conducted inspections, closed the site, and placed seals, wood burning continued. The Constitutional Chamber held that while the Ministry took some steps, it failed to take further action to definitively resolve the matter, thereby violating the right to a prompt and complete administrative procedure. Relying on Articles 346 and 347 of the General Health Law, which authorize health authorities to conduct inspections and request judicial search warrants, the Chamber granted the amparo and ordered the local health authority to resolve the complaint within one month. The judgment includes separate notes on jurisdiction in environmental matters and a partial dissenting vote concerning the execution phase.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1316475.json", "html_url": "/legal/doc/nexus-sen-1-0007-1316475", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1316475" }, { "id": "nexus-sen-1-0007-1316476", "citation": "Res. 24033-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber orders AyA to take over aqueduct operated by irregular committee in Calle Naranjo", "title_es": "Sala Constitucional ordena al AyA asumir acueducto operado por comité irregular en Calle Naranjo", "summary_en": "The Constitutional Chamber granted an amparo petition filed by a resident of Calle Naranjo, Desamparados, against the Costa Rican Institute of Aqueducts and Sewers (ICAA/AyA). The petitioner complained that the water service in his community was being provided by a neighborhood committee that lacked legal authorization, charged arbitrary rates, and operated without state oversight. The Chamber found that the committee was operating outside the law as an unauthorized operator and that AyA, despite knowing about the situation for years and having begun steps to take over the aqueduct, had failed to intervene. The Chamber ordered AyA to assume control of the Calle Naranjo – Zetilla aqueduct within six months and to definitively resolve the irregular service. The ruling includes a partially dissenting opinion on the enforcement phase, with Justice Garro Vargas arguing that enforcement should take place in the administrative court due to the technical complexity involved.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1316476.json", "html_url": "/legal/doc/nexus-sen-1-0007-1316476", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1316476" }, { "id": "nexus-sen-1-0007-1316479", "citation": "Res. 24083-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal failure to collect garbage in Upala", "title_es": "Omisión municipal en la recolección de basura en Upala", "summary_en": "The Constitutional Chamber grants an amparo action against the Municipality of Upala for failing to provide garbage collection service at the petitioner's home. Despite the petitioner's request in March 2025, the Municipality excluded his property from coverage, arguing it was outside the service area and that neighboring residents did not wish to pay. The Chamber holds that solid waste collection is an unavoidable duty of municipalities under Article 169 of the Constitution, and its omission violates the rights to health and a healthy environment. It reiterates that administrative or budgetary deficiencies do not justify failing to provide this public service continuously and efficiently. The Municipality is ordered, within one month, to take the necessary actions to extend garbage collection service to the petitioner's residence.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1316479.json", "html_url": "/legal/doc/nexus-sen-1-0007-1316479", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1316479" }, { "id": "nexus-sen-1-0007-1316480", "citation": "Res. 24090-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of potable water due to insufficient flow is not subject to amparo", "title_es": "Negativa de agua potable por falta de caudal no es amparable", "summary_en": "The Constitutional Chamber denied an amparo action against the Matapalo ASADA and AyA regarding the denial of potable water availability. The petitioner, owner of a lot in Guanacaste, requested service but was refused by letter dated May 26, 2025, based on technical reports confirming insufficient flow. The Chamber reiterated that denying water due to technical impediments such as insufficient hydraulic capacity does not violate fundamental rights. No discriminatory treatment was proven, as the petitioner did not provide comparison parameters. There was also no pending request for permanent service installation. Any challenge to the correctness of the technical reports must be pursued in ordinary legality proceedings, not via amparo.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1316480.json", "html_url": "/legal/doc/nexus-sen-1-0007-1316480", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1316480" }, { "id": "nexus-sen-1-0007-1316485", "citation": "Res. 20520-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Material Correction of Amparo Ruling on Black Water Contamination", "title_es": "Corrección material de sentencia de amparo sobre contaminación por aguas negras", "summary_en": "The Constitutional Chamber corrects a material error in ruling No. 2025018815 of June 20, 2025, which erroneously declared an amparo action “granted” when it should have been denied. The amparo was filed by a resident of Goicoechea against the Ministry of Health, claiming neglect of environmental complaints regarding black water seepage from a supermarket, affecting her home and health. The respondent authority, under oath, proved it conducted multiple sanitary inspections, dye tests, and follow-ups on complaints filed in 2024 and 2025. The Chamber found no neglect: earlier complaints were closed when the problem subsided, and the most recent complaint (April 2025) was actively processed with new tests scheduled. Accordingly, the Chamber denies the amparo, correcting the material error in the operative part of the original ruling.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1316485.json", "html_url": "/legal/doc/nexus-sen-1-0007-1316485", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1316485" }, { "id": "nexus-sen-1-0007-1317168", "citation": "Res. 24769-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of unconstitutionality action against CAFTA-DR and referendum", "title_es": "Improcedencia de acción de inconstitucionalidad contra TLC y referéndum", "summary_en": "The Constitutional Chamber dismisses outright the fourth unconstitutionality action filed by the same plaintiff against Law No. 8622 that approved the Free Trade Agreement between the Dominican Republic, Central America, and the United States (CAFTA-DR), and against the acts leading to the 2007 referendum. The plaintiff alleged that the referendum was unconstitutional because it included matters prohibited by Article 105 of the Constitution (budgetary, tax, fiscal, monetary, credit, pension, security, loan, and administrative matters) and that he had standing based on diffuse interest in defending the purity of the suffrage and popular sovereignty. The Chamber reiterates its view that the action is clearly inadmissible: diffuse interest cannot be confused with a generalized defense of constitutional legality, the action would constitute an impermissible actio popularis, and the reasoning is insufficient. The dismissal is also based on res judicata due to identical prior precedents and the plaintiff's lack of standing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317168.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317168", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317168" }, { "id": "nexus-sen-1-0007-1317214", "citation": "Res. 19580-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noncompliance with Ruling on Feasibility Studies for the National Geriatrics Hospital", "title_es": "Incumplimiento de sentencia sobre estudios de factibilidad del Hospital Nacional de Geriatría y Gerontología", "summary_en": "The Constitutional Chamber addresses a noncompliance claim filed by the Health Board and other petitioners against the Costa Rican Social Security Fund (CCSS) and other authorities, alleging failure to comply with ruling 2025-001904. That ruling ordered the respondent authorities to coordinate and take all necessary actions within their respective competencies to complete the feasibility studies for the expansion and strengthening project of the National Geriatrics and Gerontology Hospital within two months. The petitioners argue that the complete feasibility study has not been delivered, clear information on the project's status has not been provided, and there has been no real commitment from the responsible entities. The Chamber reviews the reports submitted by the authorities, which detail a series of meetings, workshops, functional approvals, and submissions of technical documents carried out within the deadline, including the completion of the functional program for the first stage. The Chamber concludes that the authorities have demonstrated concrete actions within their competencies to comply with the order, and therefore dismisses the noncompliance claim.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317214.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317214", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317214" }, { "id": "nexus-sen-1-0007-1317215", "citation": "Res. 19581-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noncompliance in rural road rehabilitation in Upala", "title_es": "Incumplimiento en rehabilitación de camino rural en Upala", "summary_en": "The Constitutional Chamber reviewed a noncompliance claim filed by a resident of Upala, who alleged that the Municipality had not resolved the passability of road C2-13-398, despite a previous amparo ruling (No. 2024003962). The Municipality reported significant progress: it conducted a forest inventory to identify protected trees, coordinated with SINAC, and signed agreements with the Road Committee and the School Board for tree felling and wood use. It also registered a purchase request for ₡49,985,785.00 for road rehabilitation, though execution is planned for the first half of 2026 due to adverse weather conditions. The Chamber found that, despite these efforts, the order had not been fully complied with, so it upheld the noncompliance claim and reiterated the obligation to comply. However, it denied the request for a deadline extension until June 2026, deeming it disproportionate (an additional 14-month extension). The authorities were warned that further noncompliance could lead to criminal liability for disobedience and administrative proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317215.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317215", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317215" }, { "id": "nexus-sen-1-0007-1317217", "citation": "Res. 19584-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber partially upholds disobedience complaint for municipal failure to resolve complaints on roadway obstruction and construction permits", "title_es": "Sala Constitucional acoge desobediencia parcial por omisión municipal en resolver denuncias sobre obstrucción de vías y permisos constructivos", "summary_en": "The Constitutional Chamber reviewed a disobedience claim filed by the protected party, who alleged that the Municipality of Grecia and the Ministry of Health failed to comply with ruling 2024033184. That ruling ordered the Municipality, within two months, to resolve the complaints of December 2023 and April 2024 regarding the obstruction of public roads and the granting of construction permits to La Raza Food Service Limitada. The claim against the Municipality is upheld because the response sent on May 14, 2025, did not substantively address the complaints about land use, permit revocation, and easement obstruction, merely providing construction requirements. The municipal authorities are ordered to comply under warning of referral to the Public Prosecutor’s Office. Regarding the Ministry of Health, the Chamber finds that the agency did resolve and notify the noise complaints within the deadline, thus rejecting the disobedience claim against that entity.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317217.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317217", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317217" }, { "id": "nexus-sen-1-0007-1317231", "citation": "Res. 19599-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Partial Amparo Against IMAS for Omission of Housing Benefit for Elderly Person", "title_es": "Amparo parcial por omisión del IMAS en beneficio de vivienda para adulto mayor", "summary_en": "The Constitutional Chamber hears an amparo filed on behalf of an elderly person and his son, who lived in a dwelling at social and environmental risk in Moravia. The claimant argues that the respondent authorities (Municipality of Moravia, CONAPAM, and IMAS) have failed to guarantee their fundamental rights, as the elderly person lacks the economic means to rent another home after leaving his due to landslide risk. The Chamber analyzes each entity's actions and finds that the National Emergency Commission, the Municipality, and CONAPAM acted within their powers, notifying and coordinating actions to address the case. However, it finds that IMAS unjustifiably discontinued an economic rental benefit it had granted in 2022 and 2023, and only approved a new temporary aid after being notified of the amparo. Therefore, it partially grants the amparo against IMAS, awarding costs, damages, and losses, and denies it against the other authorities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317231.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317231", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317231" }, { "id": "nexus-sen-1-0007-1317236", "citation": "Res. 19606-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noise from restaurant without acoustic confinement does not violate rights if authorities act", "title_es": "Ruido de restaurante sin confinamiento acústico no vulnera derechos si autoridades actúan", "summary_en": "The Constitutional Chamber denied an amparo petition filed by a neighbor against the Ministry of Health and the Municipality of Pococí regarding noise pollution from the “El Profe” restaurant. The petitioner claimed that excessive noise disturbed her rest and that the authorities had failed to resolve the problem despite the establishment lacking acoustic confinement and having had its health permit revoked for violations. The Chamber found that the Health Area had conducted inspections, revoked the operating permit, and required a noise confinement plan, while the Municipality carried out control operations. It held that the measures taken showed the authorities had addressed the issue, so no violation of fundamental rights was proven. The ruling is limited to reviewing administrative action and does not rule on the merits of the noise pollution or set environmental protection standards. One magistrate added a note regarding jurisdiction over the right to a timely administrative response.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317236.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317236", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317236" }, { "id": "nexus-sen-1-0007-1317242", "citation": "Res. 19612-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Costs Against SINAC, Not the State, in Environmental Amparo", "title_es": "Condena en costas al SINAC, no al Estado, en amparo ambiental", "summary_en": "The Constitutional Chamber addressed a request to supplement and clarify judgment 2025-016106, which had granted an amparo against the administrator of Gandoca Manzanillo National Wildlife Refuge for denying public information on monitoring of precautionary measures in logging and land-use change cases. The petitioner sought correction of a material error in the original ruling, which imposed payment of costs, damages, and losses on the State, when the responsible party should be the National System of Conservation Areas (SINAC). The Chamber granted the request, recognizing that SINAC, created by Article 22 of the Biodiversity Law and endowed with instrumental legal personality under Article 8 of its Regulation, manages its own budget and must bear the economic consequences of its actions. It clarifies that the award must fall on SINAC, not the State, without altering the outcome of the original case, which ordered delivery of the requested documents within eight days.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "biodiversity-law-7788" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317242.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317242", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317242" }, { "id": "nexus-sen-1-0007-1317263", "citation": "Res. 19634-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Correction of costs award from State to SINAC", "title_es": "Corrección de condenatoria en costas de Estado a SINAC", "summary_en": "The Constitutional Chamber reviewed a motion for material correction filed by the petitioner in case file 25-010839-0007-CO. In the original judgment No. 2025017121 of June 6, 2025, which partially granted an amparo against SINAC for violation of the right to petition and access to information regarding wetlands in Talamanca, the State was erroneously ordered to pay costs. The petitioner argued that SINAC has its own legal personality and assets, and that the Attorney General's Office did not participate in the proceedings, so there was no basis to condemn the State. Based on Article 12 of the Constitutional Jurisdiction Law, the Chamber granted the request and corrected the material error in the operative part, replacing the condemnation of the State with the condemnation of the National System of Conservation Areas (SINAC). The ruling emphasizes that judgments may be clarified or amended ex officio at any time to ensure full compliance with the decision.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317263.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317263", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317263" }, { "id": "nexus-sen-1-0007-1317284", "citation": "Res. 19660-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Appellant must abide by ruling on roadworks in Santa Cruz", "title_es": "Recurrente debe atenerse a lo resuelto sobre obras viales en Santa Cruz", "summary_en": "The Constitutional Chamber rules that the appellant must abide by the holding in judgment 2025-016396, which dismissed an identical amparo regarding nuisances caused by sewer construction works in Santa Cruz. The appellant claimed that asphalt removal left a gravel road producing dust that caused lung diseases and allergies, clogged drains with stagnant water and bad odors. The Chamber finds that the facts were already analyzed and rejected in docket 25-013158-0007-CO, where it held that no manifest risk to personal integrity or municipal omission warranting constitutional relief was proven. Justice Rueda Leal dissents, considering the amparo should have been processed to investigate a potential violation of rights to health and a healthy environment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317284.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317284", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317284" }, { "id": "nexus-sen-1-0007-1317354", "citation": "Res. 19739-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo regarding prison conditions at CNAE", "title_es": "Amparo por condiciones carcelarias en CNAE", "summary_en": "A person deprived of liberty at the Centro Nacional de Atención Específica (CNAE) filed an amparo alleging fundamental rights violations due to unsanitary conditions, food deficiencies, and inadequate lighting in cells, among other issues. The Constitutional Chamber dismissed all claims after considering an inspection by the Área Rectora de Salud de Alajuela 2, which verified adequate physical-sanitary conditions, natural and artificial lighting, and compliance with food-handling standards. None of the alleged irregularities—dirt, unsuitable utensils, or presence of pests—were found. The Chamber determined that the color of the cells and the prohibition on introducing objects like a 'suiza' were matters of mere legality outside the scope of amparo. The appeal was denied without place, confirming no violation of constitutional rights had occurred.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317354.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317354", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317354" }, { "id": "nexus-sen-1-0007-1317412", "citation": "Res. 19799-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo rejected for SENASA inaction on environmental complaint", "title_es": "Rechazo de amparo prematuro por inactividad del SENASA en denuncia ambiental", "summary_en": "The Constitutional Chamber flatly rejects an amparo filed by a resident of San Pedro de Poás against a private individual and the National Animal Health Service (SENASA). The petitioner alleged that her neighbor kept dogs, geese, and chickens in unsanitary conditions, causing noise and affecting her minor daughter's health (rhinitis and allergy). Regarding the private individual, the Chamber holds that amparo is not the proper avenue to denounce alleged illegal conduct by private parties, as other legal remedies exist. As for SENASA, the petitioner had filed complaints on April 30 and May 30, 2025. The Chamber finds that, at the time of filing (June 2, 2025), the two-month period for the Administration to resolve had not elapsed, rendering the amparo premature and inadmissible. It applies precedent from vote 2008-02545, which generally refers disputes over administrative deadlines to the contentious-administrative jurisdiction, while noting that this case—involving an environmental complaint related to a minor—might be an exception.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317412.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317412", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317412" }, { "id": "nexus-sen-1-0007-1317503", "citation": "Res. 19891-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas corpus for inability to pay child support and involuntary commitment rejected", "title_es": "Hábeas corpus por imposibilidad de pago alimentario e internamiento involuntario rechazado", "summary_en": "The Constitutional Chamber reviews a habeas corpus petition filed by a citizen who claims a temporary inability to pay child support due to mental health issues and unemployment, and who challenges his admission to the National Mental Health Hospital, alleging he was taken there by the Public Force against his will. He also requests measures regarding data protection, liberty, and psychiatric examinations. The Chamber finds that the petitioner was admitted to the hospital accompanied by his sister, not by the Public Force, and that he was discharged upon his own request. Regarding child support, it verifies that in the family court proceedings no support payment has been set against him, as the first-instance judgment recognizing a common-law marriage and establishing support rights is not final, having been appealed. The Chamber concludes that there is no current violation of his fundamental rights and that his claims are abstract, and therefore dismisses the petition.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317503.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317503", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317503" }, { "id": "nexus-sen-1-0007-1317542", "citation": "Res. 19928-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "AyA's refusal to install water meter due to lack of construction permit", "title_es": "Negativa de AyA a instalar medidor de agua por falta de permiso de construcción", "summary_en": "The Constitutional Chamber granted an amparo action filed by a property owner in Escazú against the Costa Rican Institute of Aqueducts and Sewers (AyA). The plaintiff claimed violation of her right to prompt administrative justice, as AyA had not resolved nor notified the appeal she filed on February 11, 2025 against the denial of a water meter installation. The initial denial was based on a field inspection where an AyA official found a recently built house and another under construction with closure seals from the Municipality of Escazú, thus requiring the municipal construction permit and CFIA-approved plans. Although AyA reported that the appeal was resolved on June 18, 2025, the Chamber found no evidence that the decision was effectively notified to the plaintiff, violating her right to defense. It ordered AyA to notify the resolution within three days and awarded costs and damages against the institute. The ruling includes a separate opinion by Justice Castillo Víquez on jurisdiction over claims of violations of prompt administrative justice.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317542.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317542", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317542" }, { "id": "nexus-sen-1-0007-1317611", "citation": "Res. 19989-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ban on entering municipal parks with dogs in Heredia", "title_es": "Prohibición de ingreso con perros en parques municipales de Heredia", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Heredia for posting signs banning entry with dogs in public parks in the Mercedes Norte district. The petitioner alleges violation of constitutional rights such as equality, free transit, use of public property, reasonableness and proportionality, health and healthy environment, and animal welfare. The Chamber rejects the action outright, considering it a matter of ordinary legality not directly involving fundamental rights, and notes that the dispute over the administrative measure and the alleged lack of citizen participation must be resolved through administrative or administrative contentious channels. Two justices dissent, arguing that the right to citizen participation could be harmed, and order the amparo to proceed on that point.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317611.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317611", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317611" }, { "id": "nexus-sen-1-0007-1317634", "citation": "Res. 20012-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed for ordinary legality conflict in construction permit case", "title_es": "Rechazo de amparo por conflicto de legalidad ordinaria en permiso de construcción", "summary_en": "The Constitutional Chamber flatly dismisses the amparo action filed by Vantage Point Global CR S.A. against the Municipality of Cartago and SINAC. The company challenged the denial of construction permits for warehouses on a farm dedicated to medical cannabis cultivation, despite allegedly having environmental viability and meeting technical requirements. It also claimed that authorities intended to declare a wetland in the area, affecting its project, and denounced discriminatory treatment and unjustified delays. The Chamber finds that the claims involve ordinary legality issues—review of technical requirements, existence of a wetland, compensatory measures—that do not directly involve fundamental rights. It emphasizes that the Court is neither a legality controller nor a reviewing body for administrative decisions. Regarding the alleged violation of Article 33 of the Constitution (equality), it finds the discrimination claim insufficiently substantiated. As for administrative delay, it refers the matter to the contentious-administrative jurisdiction as the appropriate, expedited, and specialized forum. The ruling includes dissenting opinions on the Chamber's competence to protect the right to prompt and complete justice and on the standing of legal entities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317634.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317634", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317634" }, { "id": "nexus-sen-1-0007-1317654", "citation": "Res. 20033-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against Decree 44974-S on regionalized waste management", "title_es": "Improcedencia del amparo contra el Decreto 44974-S sobre gestión regionalizada de residuos", "summary_en": "The Constitutional Chamber flatly rejects an amparo action filed by residents of Heredia against Executive Decree 44974-S regulating regionalized management of ordinary and organic solid waste. The petitioners argue the decree will prevent Heredia from disposing waste in an environmental park located in another region, causing environmental harm. The Chamber finds the amparo inadmissible under Article 30(a) of the Constitutional Jurisdiction Law, as it does not challenge the norm alongside an individual application act, nor is it a self-executing norm. Furthermore, the alleged environmental harm is based on mere presumption lacking certainty, thus not constituting a violation of the right to a healthy environment under Article 50 of the Constitution. Justice Rueda Leal adds separate reasoning, stating that absent an individual application act, the action must be dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317654.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317654", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317654" }, { "id": "nexus-sen-1-0007-1317682", "citation": "Res. 20062-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to Legal Information and Medical Care for Prisoners", "title_es": "Derecho a información jurídica y atención médica de privados de libertad", "summary_en": "The Constitutional Chamber hears a habeas corpus petition filed by an inmate at the CAI Jorge Arturo Montero Castro. The petitioner claims that, although a court ordered the unification of sentences over two years ago, he was not informed of the new sentence computation, leaving him unaware of his total sentence. He also alleges lack of medical care and inadequate food. The Chamber grants the petition in part. Regarding the sentence unification information, it is proven that the information sheet was updated in February 2024, but the petitioner was not notified until June 2025, after the habeas corpus was filed, violating his fundamental right to information. Relief is granted for damages purposes. As to medical and food conditions, since the authorities failed to address these facts, they are deemed true under Article 23 of the Constitutional Jurisdiction Law; the Chamber orders a medical evaluation and verification of adequate nutrition within three days. The claim regarding telecommunications limitations is dismissed for lack of evidence.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317682.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317682", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317682" }, { "id": "nexus-sen-1-0007-1317699", "citation": "Res. 20082-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Executive Decree 44974-S on regionalized solid waste management", "title_es": "Amparo contra Decreto 44974-S sobre gestión regionalizada de residuos", "summary_en": "The Constitutional Chamber rejects outright an amparo filed by a resident of Heredia against the Ministry of Health, challenging Executive Decree 44974-S (Regulation for Regionalized Management of Ordinary and Organic Solid Waste). The petitioner argued that the regulation requires municipalities in the Central Region to dispose of their waste within the same region, which would prevent the Municipality of Heredia from continuing to use an environmental park in Miramar and would pose an imminent risk to the health and healthy environment of Heredia residents. The Chamber finds the amparo inadmissible because it challenges a general normative provision without impugning any individual act of application, a scenario in which amparo does not lie under Article 30(a) of the Constitutional Jurisdiction Law. Additionally, it notes that the alleged environmental harm is based on mere speculation without certainty, so no violation of Article 50 of the Constitution is demonstrated. Justice Rueda Leal concurs with different reasoning, emphasizing the absence of an individual act of application.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317699.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317699", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317699" }, { "id": "nexus-sen-1-0007-1317747", "citation": "Res. 20131-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo Against INVU Over Contractual Credit Dispute", "title_es": "Inadmisibilidad de amparo contra el INVU por diferendo contractual de crédito", "summary_en": "The Constitutional Chamber examines an amparo filed by a judicial employee who obtained a mortgage loan from INVU in 2013. She alleges that in May 2025, she was notified of an increased monthly payment and ordered to pay accumulated interest dating back to 2022, when the institution detected an alert system failure that was not timely corrected. She argues INVU never informed her of the defect and is now charging amounts she should not have to assume due to administrative errors. The court finds the claim falls within INVU's commercial activity —a contractual credit relationship— and does not directly involve fundamental rights violations. Because the dispute is private in nature and governed by ordinary legality, the amparo is inadmissible; contractual matters concerning debt, installments, and interest must be pursued through ordinary courts. The amparo is dismissed outright.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317747.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317747", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317747" }, { "id": "nexus-sen-1-0007-1317757", "citation": "Res. 20489-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline in amparo for water supply in La Tejona", "title_es": "Prórroga de plazo en amparo por suministro de agua en La Tejona", "summary_en": "The Constitutional Chamber addresses a compliance claim filed by residents of the La Tejona community against the Costa Rican Institute of Aqueducts and Sewers (AyA). The claimants allege that AyA has failed to comply with the 2018 amparo ruling that ordered potable water supply through the San Luis ASADA. AyA reports that it has taken over responsibility, drilled an exploratory well, provides water via tanker truck and chlorination, and is executing a comprehensive aqueduct project with a timeline until 2027. The Chamber acknowledges the actions taken but warns that seven years have elapsed since the original ruling without full compliance. Nevertheless, it extends the deadline until December 2027, cautions AyA's general manager of possible criminal sanctions under Article 71 of the Constitutional Jurisdiction Law, and orders quarterly reporting to residents and submission of a detailed schedule. The extension is conditioned on strict compliance with these directives, under penalty of annulment and referral to the Public Prosecutor's Office.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317757.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317757", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317757" }, { "id": "nexus-sen-1-0007-1317758", "citation": "Res. 20500-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with administrative order on pipeline in spring protection zone", "title_es": "Incumplimiento de orden administrativa sobre tubería en área de protección de naciente", "summary_en": "The Constitutional Chamber grants an amparo appeal filed by an individual who reported a wastewater pipeline from Sigma Alimentos within the protection zone of a spring in Monteverde. The appellant claimed that SINAC had not addressed his complaint within a reasonable time. The Chamber finds that although SINAC issued an administrative order (ACAT-PPPC-OA-0954) on February 5, 2025, to remove the pipeline, it was issued only after the amparo was filed and had not been complied with. The Montes de Oro Health Area also failed to act within its jurisdiction. The Chamber orders the respondent authorities to take urgent measures within one month to enforce the administrative order and resolve the reported situation, with notification to the appellant. The State is ordered to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317758.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317758", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317758" }, { "id": "nexus-sen-1-0007-1317786", "citation": "Res. 20563-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Report Grades Violates Right to Education", "title_es": "Omisión de reportar calificaciones vulnera derecho a la educación", "summary_en": "The Constitutional Chamber grants an amparo filed by a student of the Graduate Program in Agrarian Law at the University of Costa Rica. The petitioner alleged that since July 2024 the grades for four courses of her specialty had not appeared on the institutional eMatrícula platform, and that despite multiple requests for information addressed to the program director and other offices, she received no response. The University admitted the facts and explained that the program had been intervened due to administrative disorder, which caused the grade reports to go unprocessed. The Chamber holds that the prolonged administrative omission violated the fundamental rights to education, to petition, and to a prompt reply, enshrined in Articles 78, 27, and 30 of the Political Constitution. It orders the program director to answer the petitioner’s information request within three days and condemns the University to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317786.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317786", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317786" }, { "id": "nexus-sen-1-0007-1317854", "citation": "Res. 20710-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Municipality of Cóbano for lack of response", "title_es": "Amparo contra Municipalidad de Cóbano por falta de respuesta", "summary_en": "The Constitutional Chamber hears an amparo action filed by an individual against the Municipality of Cóbano for failing to respond to a petition submitted on April 8, 2025, requesting information on the compliance with Internal Audit recommendations concerning urban development, construction oversight, pending closures, document management systems, and the elaboration of the Regulatory Plan. The Chamber finds that the response was issued on June 25, 2025, after the amparo's admission was notified (June 20). The appeal is granted for violation of the right to petition and prompt response, but without award of costs, damages, or losses, per majority opinion. Partial dissenting votes call for awarding costs and/or damages. The case underscores the Administration's duty to respond within legal deadlines, even regarding environmental and urban planning information requests.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1317854.json", "html_url": "/legal/doc/nexus-sen-1-0007-1317854", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1317854" }, { "id": "nexus-sen-1-0007-1318014", "citation": "Res. 20999-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of clarification on removal of constructions in water protection zone", "title_es": "Rechazo de aclaración sobre retiro de construcciones en zona de protección hídrica", "summary_en": "The Constitutional Chamber resolved a motion for clarification filed by the agent of Finca La Familia S.A. against a prior judgment that partially granted an environmental amparo. The original ruling ordered the Municipality of Pérez Zeledón and MINAE to remove illegal constructions in the protection zone of the Barucito River and an unnamed stream. The petitioner sought to clarify which works are illegal, the validity of municipal construction permit PDC-0531-2024-ACO, the methodology for delimiting the protection zone, who must bear removal costs, and compatibility with Law 7600 and environmental principles. The Chamber denied the motion in full, holding that the requests exceeded the scope of Article 12 of the Constitutional Jurisdiction Law, as the judgment is neither obscure nor ambiguous, and technical and ordinary‑legality determinations fall to the administrative authorities.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "water-law" ], "date": "08/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1318014.json", "html_url": "/legal/doc/nexus-sen-1-0007-1318014", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1318014" }, { "id": "nexus-sen-1-0007-1318118", "citation": "Res. 21107-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on environmental issues in Dominicalito — abide by prior ruling", "title_es": "Amparo sobre ambiental en Dominicalito — estese a lo resuelto", "summary_en": "The Constitutional Chamber dismisses an amparo action filed by a resident of the Maritime-Terrestrial Zone of Dominicalito against MINAE and the Municipality of Osa. The petitioner alleged persecution, lack of response to environmental complaints, and denial of basic services. The Chamber finds that the facts and claims were already examined in judgment 2025-018948, which determined that the Municipality has followed up on the environmental complaint filed in February 2025 by conducting inspections, coordinating with other institutions, and proposing an inter-institutional commission. The petitioner failed to attend scheduled hearings, so the amparo was deemed premature. Therefore, the Chamber orders compliance with that prior ruling. It includes separate opinions from Justices Castillo and Salazar on the Chamber's jurisdiction over administrative and environmental justice matters.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "08/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1318118.json", "html_url": "/legal/doc/nexus-sen-1-0007-1318118", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1318118" }, { "id": "nexus-sen-1-0007-1318364", "citation": "Res. 21348-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of Potable Water and Hydrants to Community Outside Coverage Area Without Infrastructure", "title_es": "Negativa de agua potable e hidrantes a comunidad fuera de cobertura sin infraestructura", "summary_en": "The Constitutional Chamber dismissed an amparo filed by a resident of San Rafael de Montes de Oca against the Costa Rican Institute of Aqueducts and Sewers (ICAA), the Fire Department, and the Municipality of Montes de Oca. The petitioner claimed violations of the right to potable water due to the ICAA's refusal to provide service at property 533086 and the lack of hydrant installation. The Chamber verified that the property lies outside the Metropolitan Aqueduct's coverage area, with no distribution network in front of it—a fact duly notified through non-availability certificates. Based on its precedent, the Chamber reiterates that a justified technical or legal impossibility does not violate fundamental rights, referring any disputes over compliance with requirements to ordinary legal channels. Regarding hydrants, it found the community is not an ICAA user and has not contributed to the hydrant tariff, legally precluding installation. The Chamber also excluded unnamed co-petitioners and admitted an active joinder.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "11/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1318364.json", "html_url": "/legal/doc/nexus-sen-1-0007-1318364", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1318364" }, { "id": "nexus-sen-1-0007-1318372", "citation": "Res. 21357-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "CONAVI Not Obligated to Repair Gabion Wall on Private Property Outside Right-of-Way", "title_es": "CONAVI no debe reparar muro de gaviones en propiedad privada fuera del derecho de vía", "summary_en": "The Constitutional Chamber examined an amparo action filed by two residents of San Francisco de Dos Ríos, seeking to compel the National Roadway Council (CONAVI) to repair a gabion wall that collapsed after a landslide on the bank of the Tiribí River, damaging part of the access to their home. The petitioners argued that the Ministry of Health was threatening to evict them on habitability grounds and that CONAVI had failed to honor its commitment to carry out the works. The Chamber rejected the amparo in its entirety. Regarding CONAVI, it found that the wall is a complementary structure within the right-of-way of National Route No. 211, designed to protect roadway infrastructure, not private property, and that the bridge showed no structural damage. Moreover, the dwelling lies within an environmental protection zone, further supporting the impropriety of spending public funds to safeguard a private building. As for the Ministry of Health, the Chamber concluded that it acted in a timely manner, ruled out imminent risk after a follow-up inspection, and facilitated assistance for an older adult in a vulnerable situation. No violation of the right to prompt and complete administrative justice was found.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "11/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1318372.json", "html_url": "/legal/doc/nexus-sen-1-0007-1318372", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1318372" }, { "id": "nexus-sen-1-0007-1318422", "citation": "Res. 21379-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "ASADA water availability denial based on lack of technical feasibility", "title_es": "Denegatoria de disponibilidad de agua por ASADA por falta de factibilidad técnica", "summary_en": "The Constitutional Chamber dismissed an amparo action filed against the Costa Rican Water and Sewer Institute and the ASADA of Paraíso y Junquillal. The petitioner sought potable water availability for his property in Playa Avellanas, which was denied by the ASADA on the grounds that service is limited according to the current technical study. The amparo alleged delay in resolving the appeal and violation of the rights to water, health, and equality. The Chamber found that the denial was not arbitrary, as it was based on a proven technical impossibility: the ASADA lacks technical feasibility due to insufficient water flow, and the AyA recommended not issuing further availability certificates. While the ASADA was tardy in forwarding the appeal to the AyA, that delay was corrected before notification of the amparo proceedings, and the appeal had already been decided. The Chamber reiterated that it does not review the merits of technical decisions or act as a mediator, directing any objections to ordinary administrative or judicial channels.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1318422.json", "html_url": "/legal/doc/nexus-sen-1-0007-1318422", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1318422" }, { "id": "nexus-sen-1-0007-1318479", "citation": "Res. 21411-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to Construction Plans Is Not Absolute in Light of Copyright", "title_es": "Acceso a planos constructivos no es absoluto frente a derechos de autor", "summary_en": "The Constitutional Chamber rejected an amparo action filed against the Municipality of Pococí by a neighbor who challenged a construction permit granted for an adjacent property. The petitioner alleged a violation of the right to access information by being denied a copy of the construction plans, damage to stormwater management due to the closure of a culvert passage, and noise pollution from a welding workshop built in a residential area. The Chamber analyzed each claim separately. Regarding the plans, it reiterated its previous case law holding that although construction plans may be consulted by third parties, they cannot be photocopied without the authorization of the copyright holder, as they constitute a protected intellectual creation. The municipality did allow in-person review of the plans but not reproduction, which the Chamber found reasonable. As for stormwater and noise, the Chamber verified that the municipality conducted inspections and warned the owner about sidewalk adjustments, but the noises were inherent to construction activities, whose supervision once commercial operation begins falls under the purview of the Ministry of Health. Finally, the approved land use (commercial premises) was compatible with the current regulatory plan. The appeal was denied in its entirety.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "11/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1318479.json", "html_url": "/legal/doc/nexus-sen-1-0007-1318479", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1318479" }, { "id": "nexus-sen-1-0007-1318537", "citation": "Res. 21452-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prison conditions and human dignity in detention center", "title_es": "Condiciones carcelarias y dignidad humana en centro penal", "summary_en": "The Constitutional Chamber hears an amparo filed by a convicted inmate at the National Center for Specific Attention, who alleges precarious and inhumane conditions in his cell: blocked toilets, lack of sinks, clogged drains, sewage flooding, bad odors, inadequate lighting, and infestation of cockroaches and rats. The Chamber clarifies that while amparos from sentenced prisoners are generally inadmissible due to the availability of the sentence execution remedy, an exception is made when rights such as human dignity, health, and life are at stake. After reports from the Ministry of Health and the Ministry of Justice and Peace, which conducted inspections and provided evidence, it is established that the inspected cells meet adequate sanitary conditions: access to potable water, lighting, ventilation, functional sanitary services, and no pest infestation. Therefore, since no violation of fundamental rights is proven, the remedy is dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1318537.json", "html_url": "/legal/doc/nexus-sen-1-0007-1318537", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1318537" }, { "id": "nexus-sen-1-0007-1318538", "citation": "Res. 21453-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to notify response to environmental information request", "title_es": "Omisión de notificación de respuesta a solicitud de información ambiental", "summary_en": "The Constitutional Court hears an amparo filed against the National Environmental Technical Secretariat (SETENA). The petitioner, a Legislative Assembly deputy, requested on April 30, 2025, digital copies of all environmental feasibility files for two corporations, claiming he received no response. During the amparo proceedings, it was proven that SETENA issued a response on May 15, 2025 (official letter SETENA-SG-0622-2025), but due to a system error, notification was not properly transmitted. Notification was effectively made on June 13, 2025, after the amparo was filed. The Court granted the amparo for violation of the right to petition and timely response, deeming the more-than-one-month delay unreasonable. However, a majority did not award costs or damages, reasoning the claim did not involve a patrimonial right and the affected party could seek redress through ordinary proceedings. Partial dissenting votes ordered payment of costs and/or damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "11/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1318538.json", "html_url": "/legal/doc/nexus-sen-1-0007-1318538", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1318538" }, { "id": "nexus-sen-1-0007-1318581", "citation": "Res. 21496-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition for municipal file certification", "title_es": "Derecho de petición sobre certificación de expediente municipal", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of La Unión for failing to respond to a request to certify an administrative file regarding the expansion of a public road and construction of sidewalks. The petitioner proved she submitted the request on May 9, 2025, via Correos de Costa Rica. The municipality initially claimed it had no record of the request, but after being notified of the amparo, it provided the requested information through several official letters on June 30, 2025. The Chamber finds a violation of the right to petition and timely response (Article 27 of the Political Constitution), as no response had been given by the time the amparo was filed on June 10, 2025. The amparo is granted under Article 52 of the Constitutional Jurisdiction Law, but the majority declines to award costs and damages, reasoning that no direct patrimonial right was affected. Three judges issue partial dissenting opinions, arguing that the violation of the constitutionally mandated ten-business-day deadline inherently caused harm and warrants indemnification and costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1318581.json", "html_url": "/legal/doc/nexus-sen-1-0007-1318581", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1318581" }, { "id": "nexus-sen-1-0007-1318585", "citation": "Res. 21501-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of amparo for prison food conditions", "title_es": "Rechazo de amparo por condiciones de alimentación en centro penal", "summary_en": "The Constitutional Chamber rejects an amparo petition filed on behalf of inmates at the National Center for Specific Attention (CNAE) against the Ministry of Justice and Peace. The petitioners alleged that food was insufficient, arrived cold and contaminated, lacked nutrients, and caused weight loss. After receiving reports from prison authorities and an inspection by the Ministry of Health, the Chamber finds no violation of fundamental rights. Evidence shows that food is delivered in sealed containers that preserve temperature, menus meet caloric and nutritional balance requirements, and kitchen staff are trained in food hygiene and handling. Moreover, there is no medical evidence of malnutrition, and it was noted that some inmates had participated in a hunger strike. The court reiterates that, in matters of sentence enforcement, amparo is only exceptionally admissible when violation of human dignity, health, or life is alleged, which was not proven here.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1318585.json", "html_url": "/legal/doc/nexus-sen-1-0007-1318585", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1318585" }, { "id": "nexus-sen-1-0007-1318693", "citation": "Res. 21613-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to provide municipal information on construction with environmental impact", "title_es": "Falta de entrega de información municipal sobre construcción con impacto ambiental", "summary_en": "The Constitutional Chamber hears an amparo action filed against the Municipality of Pococí for failing to respond to a complaint and an information request submitted on June 2, 2025. The complaint alleged illegal construction in a residential area, causing environmental and health impacts. The petitioner claimed that neither the complaint had been resolved nor a copy of the case file with soil studies, permits, and municipal resolutions had been provided. The Chamber finds that, regarding the delay in resolving the complaint, the amparo is premature, having been filed only 18 days later. However, concerning the public information request, it notes that the Municipal Council failed to show it had addressed the request. Therefore, it partially grants the amparo and orders the Council President to coordinate delivery of the information within three days, with any sensitive data redacted. The municipality is ordered to pay costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "11/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1318693.json", "html_url": "/legal/doc/nexus-sen-1-0007-1318693", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1318693" }, { "id": "nexus-sen-1-0007-1319141", "citation": "Res. 22106-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Seizure of preserved wildlife specimens for educational purposes in criminal proceedings", "title_es": "Decomiso de especímenes de fauna silvestre preservados con fines educativos en proceso penal", "summary_en": "The Constitutional Chamber declares inadmissible the amparo action filed by an educator against the seizure of dead wildlife specimens preserved in formalin, which she kept at an educational institution for pedagogical purposes. The petitioner alleged violations of due process, defense, education, and culture, noting that the specimens had been at the institution for over 30 years without formal documentation of origin. The Chamber finds that the seizure was ordered and executed within criminal proceedings; therefore, it cannot act as an appellate instance in criminal jurisdiction or substitute criminal authorities. It further notes that jurisdictional acts and administrative acts executing judicial decisions are not subject to constitutional review via amparo (Article 30 of the Constitutional Jurisdiction Law). Consequently, the petitioner must pursue her grievances through ordinary legal channels.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "15/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319141.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319141", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319141" }, { "id": "nexus-sen-1-0007-1319158", "citation": "Res. 22124-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber rejects request to enforce Administrative Court ruling", "title_es": "Sala Constitucional rechaza petición de ejecutar sentencia del Contencioso", "summary_en": "The Constitutional Chamber addresses an interlocutory motion filed by Industrias Infinito S.A., requesting that the Administrative Contentious Tribunal (TCA) be declared incompetent to continue enforcing a 2010 ruling on environmental damage from clear-cutting, and that the Constitutional Chamber itself enforce both that ruling and its own decision in amparo case 19-011277-0007-CO regarding damage from illegal mining. The Chamber rejects the motion on two grounds: first, the company was not a party to the amparo proceeding and lacks standing to make claims within it; second, under Article 153 of the Political Constitution, each court is responsible for enforcing its own rulings, and the Constitutional Chamber cannot assume jurisdiction to enforce judgments from other courts, especially when the underlying facts and conduct predate and differ from those in the amparo case.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "16/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319158.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319158", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319158" }, { "id": "nexus-sen-1-0007-1319248", "citation": "Res. 22223-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for failure to resolve complaint concerning municipal culvert", "title_es": "Amparo por omisión en resolver denuncia sobre alcantarilla municipal", "summary_en": "The petitioner filed an environmental complaint in 2018 with the Municipality of Pérez Zeledón regarding uncontrolled stormwater runoff on her property caused by a poorly maintained culvert, allegedly due to municipal works. Despite repeated requests and a 2024 inspection that showed 50% sedimentation and recommended cleaning, the complaint had not been definitively resolved nor communicated to the affected party when the amparo was filed in 2025. The Constitutional Chamber found the delay—over five years—to be disproportionate and violative of the right to prompt and complete justice, granting the amparo. It ordered municipal authorities to coordinate the definitive resolution of the complaint within one month and formally notify the petitioner, warning of criminal liability for disobedience and condemning the municipality to pay costs, damages, and losses. Separate notes by justices Castillo Víquez (preferring contentious-administrative jurisdiction) and Salazar Alvarado (exception when physical integrity or vulnerable groups are affected) are appended.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319248.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319248", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319248" }, { "id": "nexus-sen-1-0007-1319336", "citation": "Res. 22293-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Distinction between petition and exhortation in amparo for municipal failure to respond", "title_es": "Diferencia entre petición y exhortación en amparo por falta de respuesta municipal", "summary_en": "The Constitutional Chamber hears an amparo against the Municipality of Grecia for failing to respond to a request submitted on March 26, 2025. The requester sought information about a telecommunications tower, including distances, technical criteria, and environmental impact studies, and also demanded enforcement of setback regulations and annulment of permits. The Chamber partially grants the amparo: it holds that some requests were exhortations, not petitions, so there was no duty to respond; as for the information requests, the municipality responded during the proceedings, thereby ending the violation. The majority waives costs, damages, and losses, finding no direct pecuniary impact, while dissenting judges argue any fundamental-rights violation mandates abstract condemnation. The decision establishes criteria for distinguishing petitions from exhortations in the constitutional right of petition.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319336.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319336", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319336" }, { "id": "nexus-sen-1-0007-1319361", "citation": "Res. 22308-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied for lack of proof of filings before ICAA", "title_es": "Rechazo de amparo por falta de prueba de gestiones ante el ICAA", "summary_en": "The Constitutional Chamber hears an amparo filed by El Gavilán Murillo y Vargas S.A. against the Costa Rican Institute of Aqueducts and Sewers (ICAA). The petitioner, developer of the El Gavilán housing project, claims that ICAA has not decided its request to take over the project's wastewater treatment plant despite repeated filings since 2007, and that in 2024 it was denied a copy of the administrative file. The Chamber finds as proven that ICAA, by official letter PRE-2017-00275 of April 4, 2017, notified the petitioner that the plant would not be taken over because it is a mixed-category system (residential and commercial) not eligible for partial takeover, and the evidence submitted lacked public faith. It is not proven that the petitioner filed new requests after 2017, so no omission is attributable to ICAA. Regarding the copy of the file, the Chamber ordered the petitioner to submit evidence of its recent filing, but none was provided. The amparo is therefore denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319361.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319361", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319361" }, { "id": "nexus-sen-1-0007-1319374", "citation": "Res. 22311-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental Tribunal's unjustified delay in resolving slaughterhouse pollution complaint", "title_es": "Dilación del Tribunal Ambiental Administrativo en resolver denuncia por contaminación de matadero", "summary_en": "The Constitutional Chamber granted an amparo filed by residents of La Cañada Condominium against the Administrative Environmental Tribunal (TAA) and the Water Directorate of MINAE, for violation of the right to timely administrative justice (Article 41 of the Constitution). The environmental complaint against a slaughterhouse was filed in 2013, and after multiple proceedings, delays, and misplacement of rulings, more than ten years later the case remained without a final decision. The Chamber found extensive periods of TAA inactivity since 2020 and a delay of over three years by the Water Directorate in complying with a TAA request. The ruling orders the TAA to proceed diligently without setting peremptory deadlines, and grants the amparo against the Water Directorate as the violation ceased during the proceedings. Costs were not awarded by majority. The request to close the slaughterhouse was dismissed as not amenable to amparo.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319374.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319374", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319374" }, { "id": "nexus-sen-1-0007-1319377", "citation": "Res. 22314-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to respond to information requests and exhortations before the Municipality of Matina", "title_es": "Falta de respuesta a solicitudes de información y exhortaciones ante la Municipalidad de Matina", "summary_en": "The Constitutional Chamber partially granted an amparo filed by a member of the Bloque Cívico de Gestión Social del Distrito de Bataan against the Municipality of Matina. The petitioner claimed that on April 28, 2025, he submitted a ten-point request and received no response. The municipality argued it had asked the petitioner for clarifications, which were not provided. The Chamber found that points 3 (request for regulations and technical studies), 5 (application of Law 10359 for the elderly), and 7 (appointment of the internal auditor) were actual requests for information or petitions, and the municipality's request for clarification was unnecessary. It ordered a response within five days. The remaining points (1, 2, 4, 6, 8, 9, and 10) were deemed mere exhortations, not protected by the right to petition, and were therefore denied. The amparo regarding points 8, 9, and 10 was also rejected as premature, since the time elapsed was not disproportionate.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319377.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319377", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319377" }, { "id": "nexus-sen-1-0007-1319382", "citation": "Res. 22319-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition and access to environmental information before ecological municipality", "title_es": "Derecho de petición y acceso a información ambiental ante municipio ecológico", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of Turrubares for failing to respond to a request for information regarding earthworks and deforestation near Cerro El Rayo. The petitioner sent an email on May 22, 2025, asking whether permits existed and what inspections had been conducted. The municipality did not reply until after being notified of the amparo’s admission. The Chamber grants the amparo, but without awarding costs or damages, considering that the response was sent on June 18, 2025, one day after notification of the amparo's course, constituting extra-procedural satisfaction akin to withdrawal. However, dissenting opinions argue for the imposition of costs and damages due to the violation of the ten-business-day deadline. The ruling reaffirms the Administration's duty to respond timely, even when a request is submitted to an unofficial email but is processed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319382.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319382", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319382" }, { "id": "nexus-sen-1-0007-1319455", "citation": "Res. 22357-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noncompliance with Amparo Judgment on TAA Delay", "title_es": "Incumplimiento de sentencia de amparo sobre dilación del TAA", "summary_en": "The Constitutional Chamber reviews a new amparo petition filed by the same party as in case file 23-001182-0007-CO, where the Environmental Administrative Tribunal (TAA) had been ordered to resolve an environmental complaint within three months. The petitioner claims that, despite this judgment, the TAA has not issued a final decision but has rescheduled hearings without valid justification and has not resolved the requested precautionary measures. The Chamber finds that the claim is essentially an alleged noncompliance with the previous amparo ruling, not a new violation warranting a separate proceeding. Consequently, it orders that the submissions be detached and incorporated into the original file for resolution on compliance, and orders the closure of this new case.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319455.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319455", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319455" }, { "id": "nexus-sen-1-0007-1319495", "citation": "Res. 22377-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Excessive delay in responding to Tiribí River dredging request", "title_es": "Plazo excesivo en responder solicitud de dragado del Río Tiribí", "summary_en": "The Constitutional Chamber hears an amparo action filed against the Municipality of La Unión for failing to respond to a citizen request submitted in November 2022, which called for the dredging of the Tiribí River due to accumulation of debris and garbage, allegedly posing a risk of flooding and natural disasters to the community. It was also alleged that a failing retaining wall threatens homes in Residencial La Antigua. The Chamber grants the amparo (without awarding costs or damages for the majority) on the grounds of violation of the right to a prompt and proper administrative response, given the excessive delay of over two and a half years without a reply. The response was finally provided by the Municipal Emergency Committee during the amparo proceedings, explaining technical and legal aspects of riverbed interventions, the responsibility of private landowners in protection zones, and the actions already taken. The Chamber refrains from ordering the dredging or protective works, as this is a matter of ordinary legality and technical judgment outside its purview, and because no technical recommendation justifies urgent intervention.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319495.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319495", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319495" }, { "id": "nexus-sen-1-0007-1319608", "citation": "Res. 22433-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition regarding coastal regulatory plan and Maritime Zone", "title_es": "Derecho de petición sobre plan regulador costero y Zona Marítimo Terrestre", "summary_en": "The Constitutional Chamber heard an amparo filed by a deputy and member of the Special Permanent Tourism Commission of the Legislative Assembly against the Municipality of Puntarenas, for failing to respond to a public information request regarding the coastal regulatory plan and the Maritime Land Zone (ZMT). The petitioner alleged a violation of the rights to petition and access to public information under Articles 27 and 30 of the Political Constitution, because she received no timely response to her request of May 8, 2025. The Chamber determined that the Municipality did respond, but did so belatedly: the reply was dated June 18, 2025, but was not communicated until July 2, 2025, after the authority was notified of the amparo proceedings. Consequently, the Chamber granted the amparo, but without awarding costs or damages under the majority opinion, because the grievance was remedied during the proceedings and no direct economic harm was shown. Partial dissenting votes argued that costs and/or damages should have been awarded.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319608.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319608", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319608" }, { "id": "nexus-sen-1-0007-1319655", "citation": "Res. 22461-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water service suspension for nonpayment and public tap for elderly person", "title_es": "Suspensión de agua por morosidad y fuente pública a adulto mayor", "summary_en": "An elderly person, whose spouse has a disability, filed an amparo against the Municipality of Aserrí for suspending the drinking water service due to an unpaid debt. The Constitutional Chamber found that the service was briefly suspended for nonpayment of the water bill, not for taxes, and was promptly restored after the applicant obtained a debt waiver. The Chamber reaffirmed that while access to water is a fundamental right, the service is not free and can be suspended for nonpayment, provided a public tap is installed nearby for domestic users. It held there was no current harm because service had already been restored, and that disputes over municipal tax collection fall outside its amparo jurisdiction. The appeal was denied.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319655.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319655", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319655" }, { "id": "nexus-sen-1-0007-1319784", "citation": "Res. 22565-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo inadmissible against criminal precautionary measures in environmental case", "title_es": "Improcedencia del amparo contra medidas cautelares penales en proceso ambiental", "summary_en": "The Constitutional Chamber flatly rejected an amparo action filed against an atypical precautionary measure ordered in a criminal proceeding for usurpation of public domain property. The petitioner alleged violations of due process and his right to possession over a property located within the Térraba Sierpe National Wetland, arguing he was not given a hearing and the decision lacked reasoning. The Chamber held that, under Article 30(b) of the Constitutional Jurisdiction Law, judicial acts and decisions of the Judiciary in its jurisdictional function are not subject to constitutional review through amparo. It emphasized that the Chamber does not serve as an additional instance in criminal proceedings and lacks competence to replace ordinary courts. Consequently, the action was declared inadmissible without reaching the merits, and the petitioner was directed to pursue ordinary legal remedies to challenge the precautionary measure and decisions.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319784.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319784", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319784" }, { "id": "nexus-sen-1-0007-1319957", "citation": "Res. 22757-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "New disobedience incident over lifting of sanitary orders using risk-adjusted values (VMAAR)", "title_es": "Nuevo incidente de desobediencia por levantamiento de órdenes sanitarias usando VMAAR", "summary_en": "The Constitutional Chamber rejects a new disobedience claim filed by the petitioner, who argued that the Ministry of Health, through a press release issued after resolution 2025012770, disobeyed the court order by reporting that 71 of 75 water sources analyzed in Cartago had water fit for human consumption, using Risk-Adjusted Maximum Allowable Values (VMAAR) instead of the regulatory limit of 0.1 μg/L for pesticides. The Chamber rules that the press release does not constitute disobedience, as it does not specifically refer to the springs at issue (Nombre25392 and Nombre109226) and was issued only 4 days after notification of the order, without a reasonable time for compliance. It also found that the Water and Sewerage Institute (ICAA) is indeed supplying drinking water via tanker trucks to the Cipreses community. The claim is denied.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "22/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1319957.json", "html_url": "/legal/doc/nexus-sen-1-0007-1319957", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1319957" }, { "id": "nexus-sen-1-0007-1320199", "citation": "Res. 23012-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with wetland certification and Talamanca Coastal Regulatory Plan", "title_es": "Desobediencia en certificación de humedales y plan regulador de Talamanca", "summary_en": "The Constitutional Chamber rules on a non-compliance petition filed by active coadjuvants regarding judgment No. 2024003959, which ordered SINAC to supplement the State Natural Heritage certification in the Talamanca Maritime-Terrestrial Zone with the 2021 wetland characterization, and ordered INVU and the Municipality of Talamanca to incorporate that update into the Coastal Regulatory Plan. The Chamber finds that SINAC's technical report failed to comply, instead questioning and replacing the ordered input, and that the other authorities did not coordinate its implementation. It declares the non-compliance petition well-founded, reaffirms the precautionary principle and the duty to protect wetlands under the Ramsar Convention and Article 50 of the Constitution. It reiterates the order to the respondent authorities to comply exactly as stated in the original judgment, under warning of opening administrative proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "23/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320199.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320199", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320199" }, { "id": "nexus-sen-1-0007-1320286", "citation": "Res. 23112-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Clandestine dump in San Ramón and the right to health", "title_es": "Botadero clandestino en San Ramón y derecho a la salud", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of San Ramón against the Municipality of San Ramón and the Ministry of Health regarding a clandestine dump generating odors, rats, and cockroaches, endangering public health. The petitioners reported the issue in September 2024 but received no timely response. The Chamber finds that although the respondent authorities took measures after being notified of the amparo, they did so belatedly. It grants the amparo, ordering ongoing monitoring and periodic maintenance of the site to protect public health and a healthy environment. The majority decides without awarding costs or damages, while dissenting justices consider that abstract condemnation for damages should have been imposed.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320286.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320286", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320286" }, { "id": "nexus-sen-1-0007-1320290", "citation": "Res. 23118-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to municipal response in environmental complaints", "title_es": "Derecho a respuesta municipal en denuncias ambientales", "summary_en": "The Constitutional Chamber heard an amparo filed by the mother of a minor student against the Ministry of Public Education and the Municipality of Desamparados. The petitioner alleged multiple deficiencies in the temporary facilities of the San Jerónimo School — physical-sanitary conditions, lack of a cafeteria, dangerous access — and the municipality's failure to respond to a neighborhood complaint about garbage collection, vacant lot cleanup, and sidewalk construction. The Chamber found that the school's conditions did not pose a health threat according to a Health Area inspection and that school meals were being provided via food packages. However, it found that the Municipality had not responded for over a year to the environmental complaint filed on May 3, 2024, violating the right to prompt and complete administrative justice. The appeal was partially granted, ordering the mayor to definitively resolve that complaint within one month and condemning the municipality to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320290.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320290", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320290" }, { "id": "nexus-sen-1-0007-1320292", "citation": "Res. 23120-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature enforcement motion denied — amparo compliance period still running", "title_es": "No ha lugar a gestión por incumplimiento prematuro de sentencia de amparo", "summary_en": "The Constitutional Chamber considered an enforcement motion filed by the amparo petitioner in case 25-008655-0007-CO, concerning irregular heavy-vehicle traffic in a residential area of Alajuela. The petitioner claimed that the municipal and MOPT authorities had failed to comply with Judgment No. 2025014448, which ordered them to solve the problem within a set period. The Chamber verified that the last notification of that judgment was on May 22, 2025, so the two-month deadline began on May 23 and was still running when the motion was filed on July 21, 2025. Therefore, there was no noncompliance to declare at that stage, and the motion was dismissed. The court also warned parties to retrieve any physical or electronic documents submitted. The ruling does not address environmental merits; it is purely procedural regarding enforcement of the amparo order.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320292.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320292", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320292" }, { "id": "nexus-sen-1-0007-1320297", "citation": "Res. 23126-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Health order for pigeon droppings in prison", "title_es": "Orden sanitaria por heces de palomas en prisión", "summary_en": "The Constitutional Chamber reviewed an amparo filed by an inmate at the Centro Nacional de Atención Específica who alleged insufficient cleaning supplies, a rat infestation, and contamination from pigeon droppings. Based on reports from the prison authorities and an inspection by the Health Area, the court found that cleaning supplies were provided monthly and that regular fumigations were conducted—these claims did not show any violation of fundamental rights. However, the health inspection confirmed the presence of pigeons and their droppings due to damage in the ceiling. Consequently, the Health Area issued a health order granting six months to implement a corrective plan including increased cleaning frequency, awareness campaigns to stop feeding birds, and installation of physical barriers. The Chamber partially granted the amparo only regarding the pigeon droppings, ordering the prison authorities to comply with the health order within the specified period.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320297.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320297", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320297" }, { "id": "nexus-sen-1-0007-1320323", "citation": "Res. 23157-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water service suspension for municipal debt cannot affect users", "title_es": "Suspensión del servicio de agua potable por deuda municipal no puede afectar a los usuarios", "summary_en": "The Constitutional Chamber reviews an amparo action by a resident of Paraíso, Cartago, against the Costa Rican Institute of Aqueducts and Sewers (ICAA). The claimant alleges that ICAA threatened to suspend the water supply to the canton due to a debt for bulk water sales owed by the Municipality of Paraíso since 2017, arising from tariff differences after an ARESEP regulation. The Chamber notes that there is a conflict between the two entities and that the matter is already before the Contentious-Administrative Court, which issued a precautionary measure suspending the charges and ordering no interruption of service. It holds that the dispute over the validity and amount of the debt is a legality issue not for the constitutional court decide. However, it stresses that, regardless of that conflict, the water users cannot be harmed, as they are unrelated to the controversy. Given a prior ruling on the same issue, the Chamber orders adherence to that decision: the parties must coordinate so that any determination of debts does not in any way affect the provision of water service to users.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320323.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320323", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320323" }, { "id": "nexus-sen-1-0007-1320347", "citation": "Res. 23184-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo appeal for delay in AyA's response on water availability", "title_es": "Recurso de amparo por demora en respuesta de AyA sobre disponibilidad de agua", "summary_en": "The Constitutional Chamber reviews an amparo appeal against the Costa Rican Institute of Aqueducts and Sewers (AyA) for an alleged violation of the right to a prompt and complete procedure. The appellant had requested two potable water services for a real estate project in Alajuela, which were denied due to hydraulic insufficiency in the Cacique–Borbón pressure zone. Although he challenged the denial in March 2025, the final administrative response was issued only in June 2025, after the admission of the amparo was notified. The Chamber finds that while the denial of service was technically justified and not arbitrary, the delay in resolving the administrative appeals did violate Article 41 of the Constitution. Consequently, the appeal is partially granted solely for that injury, without an award of costs, damages, or losses, as there was no proven direct financial harm. Dissenting votes order an abstract award of damages and costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320347.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320347", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320347" }, { "id": "nexus-sen-1-0007-1320362", "citation": "Res. 23202-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Clogged Sewer and Municipal Duty to Address Local Services", "title_es": "Alcantarillado obstruido y deber municipal de atender servicios locales", "summary_en": "The Constitutional Chamber reviews an amparo action filed by a resident of Alajuelita against the Municipality of Alajuelita for failing to clean and repair a clogged sewer, which caused a proliferation of mosquitoes and larvae, endangering the public health of the community, including elderly residents and children. The municipality reported that the complaint had been addressed on several occasions, that the intervention required purchasing materials through the SICOP system, and that the work was scheduled for the end of July 2025. The Chamber, based on Article 50 of the Political Constitution and the municipal duty to ensure a healthy environment and the health of neighbors, found that a risk situation persisted without resolution within a reasonable time. Therefore, it granted the amparo, ordering the Mayor to definitively solve the problem within one month and imposing costs, damages, and losses. Separate opinions by Justices Castillo Víquez and Salazar Alvarado are noted regarding jurisdiction over such matters. The ruling reaffirms the obligation of local governments to promptly attend to essential services and protect the fundamental rights of citizens.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320362.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320362", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320362" }, { "id": "nexus-sen-1-0007-1320365", "citation": "Res. 23205-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for municipal delay in responding about Patalillo sports field", "title_es": "Amparo por demora en respuesta municipal sobre cancha de Patalillo", "summary_en": "The Constitutional Chamber heard an amparo action against the Municipality of Vázquez de Coronado for failing to respond to two requests filed by a municipal councilor. The first request, dated November 24, 2024, sought a copy of the municipal agreement that transferred administration of the Patalillo sports field to the Cantonal Sports and Recreation Committee (CCDR). The second, dated February 17, 2025, requested information on the compliance status of a prior constitutional ruling regarding works at that field. The Chamber found that the second request was answered—albeit belatedly—during the amparo proceedings, but the first never received a clear and concrete response. It held that official communication SA-253-118-2025 did not provide a substantive answer, as it merely referenced a statement by the petitioner himself. The appeal was therefore granted, ordering the municipality to respond to the November 2024 request within three days, with a warning of imprisonment for contempt and an award of costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320365.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320365", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320365" }, { "id": "nexus-sen-1-0007-1320380", "citation": "Res. 23222-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response to request for coastal regulatory plan information", "title_es": "Amparo por falta de respuesta a solicitud de información sobre plan regulador costero", "summary_en": "The Constitutional Chamber hears an amparo filed by María Carolina Delgado Ramírez against the Municipality of Guácimo. The petitioner claims that on May 7, 2025, she sent a request for information regarding the coastal regulatory plan of the canton and other aspects of the Maritime Terrestrial Zone, without receiving a response at the time of filing the appeal. The majority of the Chamber dismisses the amparo, as the municipality responded on June 25, 2025, before being notified of the transfer of the appeal. It considers that the delay was resolved without the need for court intervention. However, Magistrate Salazar Alvarado issues a dissenting vote and upholds the amparo solely for indemnification purposes, considering that the response was given outside the 10-business-day term established by Articles 27 of the Constitution, 32 of the Law on Constitutional Jurisdiction, and 6 of the Law Regulating the Right of Petition, which constitutes an injury to the right of petition and timely response.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320380.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320380", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320380" }, { "id": "nexus-sen-1-0007-1320392", "citation": "Res. 23234-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo for clandestine workshop — Municipality of Goicoechea", "title_es": "Amparo ambiental por taller clandestino — Municipalidad de Goicoechea", "summary_en": "The Constitutional Chamber hears an amparo action filed by a resident of the Ipis residential area, who alleges that a clandestine workshop was installed next to her home in 2016 and was granted an irregular municipal license. The petitioner previously obtained a contentious‑administrative ruling ordering the municipality to resolve a review appeal. The Municipal Auditor recommended the Mayor submit the case to the Council to analyze land‑use actions, but the referral never occurred. The Chamber grants the amparo, finding a violation of the right to a healthy environment, since municipal inaction allowed the allegedly harmful activity to continue. It orders the Mayor and the Council President to submit the case for consideration within ten days so that appropriate land‑use actions are defined. The local government is ordered to pay costs, damages, and losses. The ruling emphasizes the constitutional duty of municipalities to protect the environment through effective service delivery.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320392.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320392", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320392" }, { "id": "nexus-sen-1-0007-1320409", "citation": "Res. 23252-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flooding in residential project and right to petition before BANHVI", "title_es": "Inundaciones en residencial y derecho de petición ante BANHVI", "summary_en": "The Constitutional Chamber hears an amparo action filed by a beneficiary of a housing voucher in the Espaveles Residential Complex, who claims that her house floods due to its proximity to the Diría River, only 35 meters away. She alleges having requested a solution from the respondent authorities — the Housing Mortgage Bank (BANHVI) and the Ministry of Housing and Human Settlements — without receiving a response. The Chamber finds no evidence that she filed any request with these entities, as both authorities report under oath that they never received any petition or complaint. Given the contradiction, the Chamber chooses to believe the official reports, in accordance with Article 44 of the Constitutional Jurisdiction Law. Additionally, BANHVI has already scheduled an on-site inspection to assess the situation and potentially design a remediation plan. Therefore, the Chamber dismisses the amparo, finding no violation of fundamental rights, without prejudice to actions she may take through administrative or contentious proceedings. Justice Castillo Víquez dissents regarding the Chamber’s jurisdiction, arguing that the newly enacted Law Regulating the Right to Petition does not change the jurisprudence that remits such cases to the Administrative Contentious jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320409.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320409", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320409" }, { "id": "nexus-sen-1-0007-1320487", "citation": "Res. 23332-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to the Sanitary Order File on Mario Cañas Ruiz Park", "title_es": "Acceso al expediente de orden sanitaria sobre Parque Mario Cañas Ruiz", "summary_en": "The Constitutional Chamber hears an amparo action filed by a citizen, as president of the Liberia Unida Party, against the Ministry of Health. The petitioner sought access to the file of a sanitary order issued to the Municipality of Liberia concerning Mario Cañas Ruiz Park, invoking the right of access to public information. The Ministry of Health denied access, arguing that the administrative procedure had not yet concluded and the petitioner was not a party. The Chamber analyzes Article 30 of the Constitution and its case law on access to administrative files. It concludes that, even though the procedure is ongoing, the requested information is of clear public interest as it relates to oversight of a public entity and a public good. The Chamber grants the amparo and orders the Ministry of Health to provide copies of the requested documentation, excluding only sensitive or confidential data protected by law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320487.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320487", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320487" }, { "id": "nexus-sen-1-0007-1320568", "citation": "Res. 23417-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied for technical consultation on viability of forest plantations", "title_es": "Amparo rechazado por consulta técnica sobre viabilidad en plantaciones forestales", "summary_en": "The Constitutional Chamber summarily rejected an amparo petition filed by a forestry engineer acting as regent for a forest plantation project in the Cerros de Turrubares Protected Zone. The petitioner alleged lack of response to a technical consultation regarding the applicable procedure for obtaining environmental viability for forest plantations within protected areas, and harm from the immobilization of already-cut timber after SETENA revoked the environmental viability. The Chamber held that the request was not a petition protectable under Article 27 of the Constitution, nor a request for information under Article 30, but rather a request for a technical opinion that does not oblige the Administration to resolve a claim. It further stated that the core issue is an ordinary legality dispute over the mobilization of the timber, which does not directly involve fundamental rights and must be resolved by the Administration or the ordinary courts. The petition was declared inadmissible.", "primary_topic_id": "_off-topic", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320568.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320568", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320568" }, { "id": "nexus-sen-1-0007-1320640", "citation": "Res. 23500-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-execution dismissed for compliance with sanitary orders at health posts", "title_es": "Inejecución desestimada por cumplimiento de órdenes sanitarias en puestos de salud", "summary_en": "The Constitutional Chamber dismisses a non-execution claim filed by the petitioner in an amparo that had been granted in November 2024. The original judgment ordered the Costa Rican Social Security Fund and the Ministry of Health to take immediate measures to fully comply with the sanitary orders issued at five health posts in the Horquetas de Río Frío Health Area. After reiterations and an extension of the deadline until June 30, 2025, the petitioner alleges persistent non-compliance at three posts, citing unsanitary conditions and lack of drinking water. Based on sworn reports from the respondent authorities and the Ministry of Health, the Chamber finds that the La Chaves, La Rambla, and El Palmar posts fulfilled the remedial plans and the sanitary orders were lifted, while El Tigre and El Mortero are closed for remodeling, eliminating sanitary risks. It is concluded that the order has been complied with and there is no current interest, so the claim is dismissed. The Chamber also reminds the petitioner that if she believes the reports are inaccurate, she may pursue the corresponding legal avenues.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "29/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320640.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320640", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320640" }, { "id": "nexus-sen-1-0007-1320703", "citation": "Res. 23578-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo Dismissed for Untimeliness in Denial of Public Services in Ostional Refuge", "title_es": "Rechazo de amparo por extemporaneidad en denegación de servicios públicos en Refugio Ostional", "summary_en": "The Constitutional Chamber summarily dismisses an amparo petition filed by an occupant of a property within the Ostional National Wildlife Refuge against the Tempisque Conservation Area, the Costa Rican Institute of Aqueducts and Sewers, and the Costa Rican Electricity Institute. The petitioner alleged a violation of his fundamental rights due to the denial of electricity and potable water services, claiming compliance with legal requirements and unequal treatment compared to other similarly situated occupants. The Chamber finds the petition untimely, as the denials date from 2023 and 2024, exceeding the two-month statute of limitations under Article 35 of the Constitutional Jurisdiction Law. It holds that the direct effects of the challenged actions have been fully consolidated, rendering the amparo manifestly inadmissible. The petition is therefore dismissed on procedural grounds without reaching the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "29/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320703.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320703", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320703" }, { "id": "nexus-sen-1-0007-1320735", "citation": "Res. 23618-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for failure to comply with order in waste plant case", "title_es": "Rechazo de amparo por incumplimiento de prevención en planta de residuos", "summary_en": "The Constitutional Chamber reviewed an amparo action filed against the Municipality of Puntarenas and the Ministry of Health, alleging unsafe and undignified working conditions at a heavy machinery waste collection site in Socorrito, as well as the Ministry's failure to enforce health regulations. Before admitting the petition, the Chamber ordered the petitioner, within three days, to report whether a formal complaint had been filed with the respondent authorities, and to provide copies and results. The petitioner was notified on July 11, 2025, but failed to submit any response. Consequently, the Chamber flatly rejected the amparo under Article 42 of the Constitutional Jurisdiction Law, which authorizes dismissal when procedural defects remain uncorrected. The petitioner was also warned to retrieve any physical documents submitted within 30 business days or they will be destroyed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320735.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320735", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320735" }, { "id": "nexus-sen-1-0007-1320777", "citation": "Res. 23673-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo for lack of prior municipal claim on fireworks in Escazú", "title_es": "Inadmisibilidad de amparo por falta de gestión previa municipal sobre pólvora en Escazú", "summary_en": "The Constitutional Chamber summarily dismisses an amparo against the Municipality of Escazú regarding its declaration of artisanal pyrotechnics as a cantonal cultural interest. The petitioner alleged harms to public health, animal welfare, and the environment, as well as a lack of citizen participation. The Court found that the petitioner had not filed any prior administrative claim or complaint with the municipality before resorting to the constitutional remedy. It reiterates that constitutional jurisdiction is not a venue for filing original complaints and cannot substitute for the active administration's powers. Citing precedent, the Court holds that without a prior demand before the competent authority, no illegitimate omission affecting fundamental rights can be established. The amparo is declared inadmissible without addressing the merits, merely pointing out the proper procedural channels.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "29/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320777.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320777", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320777" }, { "id": "nexus-sen-1-0007-1320831", "citation": "Res. 23741-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied on construction permit revocation and home demolition", "title_es": "Rechazo de amparo sobre revocatoria de permiso y demolición", "summary_en": "The Constitutional Chamber summarily rejects an amparo action filed against the Municipality of Cartago. The plaintiff claimed the municipality revoked a minor construction permit and ordered the demolition of his home without prior notice or due process, based on a neighbor's complaint and a 2017 ruling from the Environmental Administrative Tribunal that predated his property acquisition. He also argued a criminal complaint was filed against him without a prior administrative hearing. The Chamber rules that it is not competent to review whether municipal actions comply with ordinary law, nor to decide on the legality of the demolition order or the permit, as these are matters for ordinary jurisdiction. It notes the demolition order was notified on July 11, 2025, and from that date the plaintiff could exercise his defense by filing objections before the municipality or appropriate legal channels. No fundamental rights violation is established, and the amparo is declared inadmissible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "29/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320831.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320831", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320831" }, { "id": "nexus-sen-1-0007-1320894", "citation": "Res. 20547-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on environmental complaint and timely justice at Quebrada Carmen", "title_es": "Amparo por denuncia ambiental y justicia pronta en quebrada Carmen", "summary_en": "The Constitutional Chamber reviews an amparo appeal alleging violation of the right to prompt and complete justice (Article 41 of the Constitution) due to the failure to resolve an environmental complaint filed on March 10, 2025, regarding the diversion of the Quebrada Carmen in Cóbano. The complaint was filed with the National System of Conservation Areas, the Municipal District Council of Cóbano, the Water Directorate, and the National Commission for Risk Prevention. The Chamber finds that, despite initial justified delays (medical leave of the official, parties’ schedules), the institutions have carried out coordinated actions, including an on-site inspection on May 9, 2025, and are awaiting the technical report of the Water Directorate. It considers that the matter involves technical and legal complexity, with no evidence of abandonment or undue delay. It concludes that no fundamental right is violated and dismisses the appeal, while warning the authorities of their duty to resolve within a reasonable time. Two justices dissent and would grant the appeal, finding that the four-month delay without a definitive response is excessive. Regarding the CNE, the complaint is deemed not filed since it was not sent to the official email.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1320894.json", "html_url": "/legal/doc/nexus-sen-1-0007-1320894", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1320894" }, { "id": "nexus-sen-1-0007-1323029", "citation": "Res. 24842-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Corcovado visitor caps increased without technical-scientific basis", "title_es": "Aumento de cupos en Corcovado sin fundamento técnico-científico", "summary_en": "The Constitutional Chamber granted an amparo action against SINAC for modifying the reservation policies of Corcovado National Park via resolution SINAC-ACOSA-D-R-0048-2023, increasing daily entry and overnight caps without underpinning the change with a scientific methodology. The majority found that, although the administration invoked a \"visitor flow management tool,\" that tool was not disclosed in the challenged administrative act: neither the implementation parameters nor the concrete results were recorded. This lack of technical reasoning vitiates the resolution, hinders access to justice, and violates the right to a healthy and ecologically balanced environment under Article 50 of the Constitution. The impugned resolution was therefore set aside, and a new one was ordered, explicitly setting forth the scientific criteria justifying the caps. Judge Salazar Alvarado dissented, arguing the matter belonged in ordinary legality review, not amparo.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323029.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323029", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323029" }, { "id": "nexus-sen-1-0007-1323031", "citation": "Res. 24846-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Exceptional nature of amparo in administrative inaction over landslide", "title_es": "Excepcionalidad del amparo frente a la inacción administrativa en un deslizamiento de talud", "summary_en": "The Constitutional Chamber granted an amparo remedy filed by a resident of Heredia whose home was threatened by Pirris River erosion. The court held that, although administrative omissions on infrastructure normally fall under the contentious-administrative jurisdiction, this case presented exceptional circumstances: the delay in addressing the complaints endangered the petitioner's life and property. The Chamber found that the Municipality of Heredia and the National Housing and Urban Development Institute (INVU) had been aware of the problem since 2022 and, despite conclusive technical reports on the severity and urgency, both entities avoided responsibility and failed to coordinate a solution. The Municipality's justification—that a pending constitutional action against Forestry Law articles 33 bis and 33 ter prevented it from issuing permits—was rejected; the Chamber clarified that the filing of a constitutional challenge does not suspend the validity or applicability of the challenged norm. The resolution orders a definitive solution within six months.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323031.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323031", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323031" }, { "id": "nexus-sen-1-0007-1323034", "citation": "Res. 24898-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to Safe School Cafeteria and Healthy Environment in Education", "title_es": "Derecho a comedor seguro y ambiente sano en centro educativo", "summary_en": "The Constitutional Chamber grants an amparo action filed on behalf of the students of the Ricardo Castro Beer Professional Technical School in Orotina, finding that the conditions of the school cafeteria violate the fundamental rights to health, a healthy and ecologically balanced environment, and education. The court verifies that since 2021 the Ministry of Health has issued sanitary orders due to multiple deficiencies—cracked floors, lack of ventilation, faulty gas and wastewater systems, absence of universal accessibility—that persisted as of June 2025, without the Ministry of Public Education (MEP) having executed the corrective works. The Chamber links these failures to Article 50 of the Constitution and orders the MEP to adopt urgent and definitive measures within peremptory deadlines, in coordination with the Orotina Health Authority, to ensure a cafeteria that meets hygiene, safety, and accessibility standards. The amparo against the Ministry of Health is dismissed because it was not named as a respondent, although it is urged to monitor compliance with its sanitary provisions.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323034.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323034", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323034" }, { "id": "nexus-sen-1-0007-1323249", "citation": "Res. 25680-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Bedbug infestation in Liberia prison and exception to hear sentenced inmates' amparo", "title_es": "Plaga de chinches en CAI Liberia y excepción para conocer amparo de sentenciados", "summary_en": "The Constitutional Chamber hears an amparo filed by inmates held in Module B-1 of the Liberia Institutional Care Center, who report a bedbug infestation affecting their health and living conditions. The Chamber first clarifies that, as a general rule, it flatly rejects amparo petitions from convicted prisoners because Article 482 of the Criminal Procedure Code grants broad authority to sentence-enforcement judges. However, it establishes an exception: it will hear cases when human dignity, health, or life of the petitioners is at stake, as in this case. On the merits, the Chamber confirms the infestation of Cimex lectularius in dormitories 1, 2, and 4. The Liberia Health Governing Area issued sanitary orders requiring, among other measures, the transfer of inmates to a bug-free location (item 1). The prison failed to comply with that specific order. The Chamber grants the amparo partially, orders the director of CAI Liberia to take all actions within one month to eradicate the bug as per item 1 of the sanitary order, awards damages against the State, and dismisses the rest, including the claim against the Health Area, which acted diligently.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323249.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323249", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323249" }, { "id": "nexus-sen-1-0007-1323252", "citation": "Res. 25665-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Institutional lack of coordination regarding dangerous culvert and wastewater discharges", "title_es": "Descoordinación institucional ante alcantarilla peligrosa y vertidos residuales", "summary_en": "The Constitutional Chamber heard an amparo action against the Ministry of Health, MOPT, and CONAVI. The petitioner reported a large, unprotected open culvert on the national road to Carrizal in San Bartolomé de Barva, Heredia, posing a risk to people and vehicles. The ditch was eroding the road, affecting utility poles, and collecting wastewater with mosquito breeding sites. In 2023, the Ministry of Health issued a sanitary order requiring MOPT to present a solution plan, which remained unfulfilled. MOPT forwarded the order to CONAVI, while CONAVI argued the wastewater issue needed prior health authority action. The Chamber found all respondents violated the petitioner's fundamental rights through omission and inter-institutional lack of coordination—their actions were insufficient and they merely shifted blame. It granted the amparo, ordering the three institutions to devise a plan and apply measures within six months, and awarded costs and damages against the State and CONAVI.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323252.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323252", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323252" }, { "id": "nexus-sen-1-0007-1323296", "citation": "Res. 26579-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "San Antonio Park abandonment and health risks", "title_es": "Parque San Antonio en abandono y riesgos sanitarios", "summary_en": "The Constitutional Chamber heard an amparo appeal against the Municipality of Desamparados regarding the abandonment of San Antonio Park, which featured overgrown grass, homeless individuals, and health risks such as water accumulation and pests. The appellant argued that the municipality failed to maintain the park following the expiration of a contract and delays in the new bidding process. The Chamber upheld the appeal, ordering the mayor to definitively resolve the issue within six months. It found that, despite partial cleaning efforts and an ongoing procurement process, the lack of advance planning constituted administrative negligence. The Chamber rejected the appeal against the Municipal Council due to lack of competence. Justice Salazar clarified that he addressed the merits because rights to health, quality of life, and a healthy environment (Article 50 of the Constitution) were at stake, while Justice Castillo contended that the matter should have been handled by the administrative contentious jurisdiction.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323296.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323296", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323296" }, { "id": "nexus-sen-1-0007-1323676", "citation": "Res. 26481-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for landslide risk in El Erizo, Alajuela", "title_es": "Amparo por riesgo de deslizamiento en El Erizo, Alajuela", "summary_en": "The Constitutional Chamber heard an amparo petition filed by residents of the El Erizo neighborhood and occupants of the Juan Santamaría settlement in Alajuela against the Municipality of Alajuela and the National Commission for Risk Prevention and Emergency Response (CNE). The petitioners claimed that since 2004, technical reports had warned of a serious landslide risk from a 30-meter slope next to the Ciruelas River, endangering their lives and homes, yet the authorities had failed to implement effective measures. The Chamber found that, despite multiple inspections and technical recommendations since 2004, the respondent authorities had not eliminated the risk, although the Municipality had funds to build a stabilization wall. It held that the administrative omission violated the fundamental rights to life and physical integrity. It granted the petition and ordered immediate provisional measures and definitive solutions within six months. Justice Salazar issued a note on the exceptional admissibility of amparo in cases of administrative inaction posing a risk to life, and Justice Garro partially dissented on the enforcement phase.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323676.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323676", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323676" }, { "id": "nexus-sen-1-0007-1323678", "citation": "Res. 26486-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Poor sidewalk conditions and municipal delay violate pedestrians’ rights in Coronado", "title_es": "Mala condición de aceras y demora municipal vulnera derechos de peatones en Coronado", "summary_en": "The Constitutional Chamber granted an amparo action against the Municipality of Vásquez de Coronado due to serious delay in addressing poor conditions and lack of sidewalks in three areas of the canton, despite complaints filed in 2011 and 2022. Although the municipality demonstrated having carried out studies, property owner notifications, and some administrative steps, the Chamber found that more than thirteen years since the first complaint and over three since the later ones without an effective solution violated the fundamental rights of pedestrians. The ruling rests on municipal duties to ensure pedestrian safety and the right to a prompt and complete administrative procedure. As an exception to its jurisprudence that normally remits such matters to the administrative court, the Chamber heard the case due to the risk to life and physical integrity. It ordered municipal authorities to coordinate all necessary actions to definitively solve the sidewalk problem within twelve months, with an award of costs and damages. Justice Garro Vargas partially dissented on the enforcement phase, referring it to the Administrative Court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323678.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323678", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323678" }, { "id": "nexus-sen-1-0007-1323679", "citation": "Res. 26511-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC’s failure to address environmental complaints in Cocalito", "title_es": "Omisión de SINAC en atender denuncias ambientales en Cocalito", "summary_en": "The Constitutional Chamber granted an amparo action against the National System of Conservation Areas (SINAC) for its prolonged failure to address multiple environmental complaints filed since 2018 by the administration of the Romelia National Wildlife Refuge, Cocalito sector. The complaints involved illegal constructions in the maritime-terrestrial zone and inalienable strip, tree felling, hunting, turtle egg extraction, bonfires, and other activities contrary to the management plan. Although SINAC carried out sporadic operations, it never resolved the matters or notified the complainant of any concrete actions. The Chamber held that such inaction violated the fundamental right to a healthy environment and ordered SINAC to carry out inspections, resolve the complaints, and issue the corresponding administrative acts within a maximum of two months. A partial dissenting opinion by Justice Garro extended the deadline to six months and referred enforcement to the Administrative Court. SINAC was ordered to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323679.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323679", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323679" }, { "id": "nexus-sen-1-0007-1323680", "citation": "Res. 26513-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must resolve stormwater problem affecting housing and health of residents", "title_es": "Municipalidad debe resolver problema de aguas pluviales que afecta vivienda y salud de vecinos", "summary_en": "The Constitutional Chamber grants an amparo action filed by a resident of Loma Larga, Cartago, against the Municipality of Cartago for failing to definitively resolve a stormwater problem affecting his home and that of other neighbors. The petitioner argued that a previous municipal intervention redirected water flow onto his property, causing flooding, foul odors, health risks, and structural damage, especially impacting his disabled minor daughter. The Municipality acknowledged the issue, completed partial works in March 2025, but complementary works essential for the proper functioning of the stormwater system remained pending. The Chamber found that despite over a year of awareness, the problem had not been fully resolved, violating the right to a healthy environment and the municipality's duty to attend to local services. It orders the Municipality to coordinate and carry out all necessary actions to definitively solve the problem within one month, with warning of imprisonment or fines for non-compliance.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323680.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323680", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323680" }, { "id": "nexus-sen-1-0007-1323689", "citation": "Res. 26586-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Noise Pollution and Ministry of Health Inaction", "title_es": "Amparo por contaminación sónica y omisión del Ministerio de Salud", "summary_en": "The Constitutional Chamber granted an amparo filed by residents of Talamanca against the Ministry of Health for failing to resolve complaints of noise pollution, lights, and cameras directed at their home since 2022. The Chamber reiterated its case law that noise pollution violates the rights to health, a healthy environment, and privacy, emphasizing the State's duty to prevent and control it. Despite multiple inspections, the Ministry had not carried out the necessary sound measurements due to access difficulties and the accused's non-cooperation, thus failing its obligation to resolve the complaints within a reasonable time. The Director of the Talamanca Health Area was ordered to, within one month, take all actions within her authority and coordinate the required inspection and sound measurements to definitively resolve the issue, under warning of imprisonment or fine for contempt.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323689.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323689", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323689" }, { "id": "nexus-sen-1-0007-1323714", "citation": "Res. 27342-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of unconstitutionality action against political campaigning ban", "title_es": "Rechazo de plano de acción de inconstitucionalidad contra prohibición de beligerancia política", "summary_en": "The Constitutional Chamber dismisses outright an unconstitutionality action filed against Article 146 of the Electoral Code, which imposes an absolute ban on political campaigning by the President and other high-ranking officials. The petitioner, a Costa Rican lawyer, argued that the ban violates the principles of equality, freedom of expression, political participation, and proportionality, as well as the American Convention on Human Rights. The Chamber finds that the petitioner lacks standing to bring the action directly, as he bases his standing on the defense of diffuse interests when the norm is subject to individual and direct application to a group of easily identifiable persons. The Chamber reiterates its jurisprudence that when a norm is susceptible to individual application, diffuse interests cannot be invoked to admit the action. Furthermore, the petitioner does not mention the existence of a prior pending matter that would grant incidental standing. Therefore, the action is declared inadmissible and dismissed outright.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323714.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323714", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323714" }, { "id": "nexus-sen-1-0007-1323717", "citation": "Res. 27291-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality action against delimitation of public zone of ria", "title_es": "Rechazo de acción de inconstitucionalidad contra delimitación de zona pública de ría", "summary_en": "The Constitutional Chamber flatly rejects the unconstitutionality action filed by the Mayor of Cañas against the delimitation of the public zone of the ria of the Abangares, Bebedero-Tenorio and Cañas rivers, published in the Official Gazette in 2020. The plaintiff alleged violation of citizen participation, municipal autonomy and due process, but the Chamber deems the action inadmissible. It holds that amparo is the proper remedy for individual harms, and the Mayor lacks standing to defend private interests of residents. Regarding municipal autonomy, it indicates that delimiting riparian protection zones is not an exclusive municipal competence, and the lack of a hearing does not per se harm the essential core of such autonomy. The discussion on the 'ria' technique is remitted to ordinary legality, not constitutional review. Justice Garro Vargas adds separate reasons focusing on the object of challenge being a matter of ordinary legality.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323717.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323717", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323717" }, { "id": "nexus-sen-1-0007-1323892", "citation": "Res. 15276-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Material correction of ruling on Ipís River protection in Vázquez de Coronado", "title_es": "Corrección material de sentencia sobre protección del río Ipís en Vázquez de Coronado", "summary_en": "The Constitutional Chamber corrects a material error in the operative part of Ruling 2025-014025, which granted an environmental amparo against the Municipality of Vázquez de Coronado. The original ruling omitted to fully link the decision with the substantive analysis, so it is corrected to reflect that, by majority, municipal order AL-200-0180-2025 is annulled and the mayor is ordered to exercise her powers for effective protection of the Ipís River protection area. The municipality remains liable for costs, damages, and losses, to be liquidated in administrative contentious execution proceedings. The dissenting vote of Justice Salazar Alvarado reiterates that the amparo should have been denied because legality control belongs to the contentious-administrative jurisdiction; partial dissents insist on the appropriateness of economic condemnation. The ruling underscores that the mere age of constructions does not exempt the administration from protecting water body setback zones.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "forestry-law-7575", "procedural-environmental", "art-50-constitution" ], "date": "23/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1323892.json", "html_url": "/legal/doc/nexus-sen-1-0007-1323892", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1323892" }, { "id": "nexus-sen-1-0007-1324342", "citation": "Res. 24858-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Impropriety of motion for addition and clarification in amparo due to lack of prior administrative remedy", "title_es": "Improcedencia de gestión de adición y aclaración en amparo por falta de vía administrativa", "summary_en": "The Constitutional Chamber rejects the motion for addition and clarification filed by the petitioner against the ruling that previously dismissed their amparo appeal outright. The petitioner claimed failure to assess evidence regarding their property ownership, allegedly illegal municipal sewer works, environmental damage from discharges, and documentary fraud. However, their arguments express disagreement with the merits of the ruling, which does not constitute a valid request for clarification or addition under Article 11 of the Constitutional Jurisdiction Law. The Chamber reiterates that it is not a direct venue for processing complaints and cannot replace active administrative authorities, so the petitioner must turn to the respondent Municipality to file their specific claim. The request for interim measures and an order to the National Registry lacks support. The motion is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324342.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324342", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324342" }, { "id": "nexus-sen-1-0007-1324524", "citation": "Res. 23951-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC's Duty to Resolve Complaints Regarding Urban Wildlife", "title_es": "Deber del SINAC de resolver denuncias sobre fauna silvestre en zona urbana", "summary_en": "The Constitutional Chamber reviewed an amparo petition filed by residents of Heredia Centro against SINAC for failing to take effective action regarding a raccoon infestation in a nearby vacant apartment that was causing severe health issues to the petitioner. Although SINAC conducted an inspection and issued management recommendations (property maintenance, physical barriers, restricting food availability), the Chamber found these measures insufficient. Citing prior case law, the Chamber reiterates that SINAC is obligated not only to establish technical measures for wildlife management but also to initiate procedures based on complaints and issue administrative acts ensuring a definitive solution, especially when health risks are involved. The petition was granted, ordering SINAC to adopt comprehensive measures within one month and ordering it to pay costs, damages, and losses.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "procedural-environmental" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324524.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324524", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324524" }, { "id": "nexus-sen-1-0007-1324543", "citation": "Res. 23972-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to respond to motions by municipal council members", "title_es": "Incumplimiento de respuesta a mociones de regidores municipales", "summary_en": "Two members of the Montes de Oro Municipal Council filed an amparo (constitutional complaint) against the municipality for failing to respond to several motions approved by the council, which sought information and administrative actions from the mayor's office. The Constitutional Chamber found that some of the motions were pure and simple information requests, protected by the rights of petition and access to public information (Articles 27 and 30 of the Constitution). Regarding these, the mayor's office responded during the processing of the amparo, so the complaint was granted under Article 52 of the Constitutional Jurisdiction Law. However, other motions were not limited to seeking information but demanded specific pronouncements, actions, or measures by the mayor (such as coordinating technical visits, managing purchases, or suspending resolutions), which are not amenable to amparo review; those claims were dismissed. The majority of the Chamber did not impose costs and damages, although there were dissenting opinions that would have ordered such remedies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324543.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324543", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324543" }, { "id": "nexus-sen-1-0007-1324545", "citation": "Res. 23974-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of water availability in irregular subdivision", "title_es": "Denegatoria de disponibilidad de agua en urbanización irregular", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by a resident of the Hermosa Palms subdivision in Jacó, who claimed that the Costa Rican Institute of Aqueducts and Sewers (AyA) had denied water availability for her properties. The plaintiff argued that the well supplying the community was part of the rural aqueduct assumed by AyA in 2016 and that the roads were public. However, the Chamber found that the reasons for denial were not arbitrary but based on technical and legal impossibilities: the subdivision was never officially received by AyA, there was no institutional hydraulic infrastructure in front of the properties, the Playa Hermosa aqueduct system had reached maximum capacity, and the development was irregular. The Chamber reiterated that the fundamental right to drinking water does not obligate the provider to grant service under any conditions, and disputes over the correctness of the denial reasons must be resolved in ordinary courts. The amparo was denied.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324545.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324545", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324545" }, { "id": "nexus-sen-1-0007-1324550", "citation": "Res. 23981-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Belated Response to Complaint on Communal Area Use in Barva", "title_es": "Respuesta tardía a denuncia sobre uso de área comunal en Barva", "summary_en": "The Constitutional Chamber heard an amparo action filed by residents of the Antiesquivo urbanization in Barva against the Municipality of Barva. Residents alleged that on March 11, 2025, they filed a complaint with the mayor regarding the use of a communal area for park and communal facilities, claiming discharges of sand, rocks, possible bituminous waste, excessive storage exceeding the height of nearby houses, noise pollution from early morning machinery, and tree felling, all allegedly endangering health and the environment. With no response, they sought constitutional relief. The Chamber found that the municipality answered the complaint on June 9, 2025, after being notified of the amparo, and that the substantive issues were adequately addressed through technical reports. The Chamber partially granted the amparo solely for the unjustified delay in responding, and denied the remaining claims, without awarding costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324550.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324550", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324550" }, { "id": "nexus-sen-1-0007-1324556", "citation": "Res. 23988-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo petition for flooding in a private easement", "title_es": "Amparo por inundaciones en servidumbre privada", "summary_en": "The Constitutional Court rejects an amparo petition filed by a resident of Vara del Roble, San Isidro de Cartago, who claimed that the Municipality of El Guarco's failure to act regarding stormwater diversion and road deterioration caused flooding in her garage, septic tank overflow, and erosion of a retaining wall with risk of collapse. The property lies within the Río Navarro-Río Sombrero Protected Zone, but the dispute centers on a road that is a private agricultural easement. The Court finds that the municipality had already addressed the anonymous complaints filed in 2020 and had justified its refusal to intervene under Articles 373 and 374 of the Civil Code, which assign maintenance of easements to the owners of the dominant tenements. The petitioner's disagreement with the technical response is a matter of legality that must be resolved through ordinary remedies, not constitutional relief.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "soil-conservation-7779" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324556.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324556", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324556" }, { "id": "nexus-sen-1-0007-1324563", "citation": "Res. 23995-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to water in the face of municipal debt suspension", "title_es": "Derecho al agua ante suspensión por deudas municipales", "summary_en": "The Constitutional Chamber hears an amparo appeal filed by residents of the Paraíso canton against the Municipality of Paraíso and the Costa Rican Institute of Aqueducts and Sewers (ICAA) over the threat of drinking water service suspension. The conflict arises because the ICAA seeks to charge the municipality substantial retroactive sums since 2017 for bulk water sales, based on rates set by ARESEP. The municipality claims the charge is improper and has filed administrative appeals and a precautionary measure before the Contentious Administrative Tribunal. The ICAA announced it would suspend water supply to the entire canton unless a recent bill was paid, affecting over 20,000 people. The Chamber reaffirms the fundamental right to drinking water, derived from the rights to health, life, and a healthy environment, recognized in Article 50 of the Constitution and international instruments. It concludes that, although there is a debt dispute, it cannot affect the water supply to users. It refers to what was already resolved in ruling 2025-019652, which partially granted a similar amparo, ordering both institutions to coordinate to guarantee drinking water service to users and to resolve the debt through legal channels without suspending the supply.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324563.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324563", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324563" }, { "id": "nexus-sen-1-0007-1324588", "citation": "Res. 24023-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Restriction of Minor Children Visits in High-Security Prison Units", "title_es": "Restricción de visitas de menores en circuitos de alta contención penitenciaria", "summary_en": "The Constitutional Chamber reviews an amparo filed by an inmate at CAI Terrazas alleging food reduction, denial of medical care, garbage accumulation, and prohibition of visits from his minor children. The majority dismisses the amparo, finding no evidence: food portions were not reduced, medical care is provided, a Ministry of Health inspection found no sanitary violations, and the inmate has not had visitation rights since 2016. However, the dissenting opinion of Judge Cruz Castro argues that administrative directive DVJ-009-04-2025 establishes a general presumption against child visits, violating the fundamental rights of both inmates and their children under the Convention on the Rights of the Child, and would have granted the amparo on that ground.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324588.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324588", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324588" }, { "id": "nexus-sen-1-0007-1324608", "citation": "Res. 24046-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for municipal culvert and erosion in Nandayure", "title_es": "Amparo por alcantarilla municipal y erosión en Nandayure", "summary_en": "The Constitutional Chamber hears an amparo filed by a property owner in Nandayure, Guanacaste, who claims that since 2019 the Municipality built a stormwater culvert just a few meters from the Santa Rita riverbed, causing progressive soil washout, erosion, and instability on his land. He argues that the work lacks environmental viability from SETENA and authorization from the Water Directorate, and that for six years his complaints received no effective response. The Municipality, after being notified of the amparo, conducted a technical inspection and issued a reply concluding that the culvert discharge does not directly affect the claimant’s property but rather an informal access easement; that the erosion is caused by the river’s natural dynamics; that the culvert does not encroach on the setback zone because it is 25 meters from the riverbed; and that environmental permits were not required since the work involved an existing cantonal road network. The Chamber finds that the municipality’s response came only after the amparo was filed, and therefore grants the amparo, but without awarding costs or damages, considering that the claim had been satisfied. Separate opinions discuss whether damages should have been awarded.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324608.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324608", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324608" }, { "id": "nexus-sen-1-0007-1324618", "citation": "Res. 24056-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of amparo for lack of municipal response on coastal regulatory plan", "title_es": "Reiteración de amparo por falta de respuesta municipal sobre plan regulador costero", "summary_en": "The Constitutional Chamber hears an amparo filed by a congresswoman against the Municipality of Guácimo for allegedly failing to respond to a request for information regarding the coastal regulatory plan and the maritime-terrestrial zone, submitted on May 7, 2025. The Chamber notes that the facts alleged were already adjudicated in ruling No. 2025023222, issued on July 24, 2025, in which a prior amparo on the same grounds was denied. In that case, it was demonstrated that the municipality provided the requested information on June 25, 2025, before being notified of the amparo proceedings. As the present claim merely reiterates the previously decided matter, the Chamber orders adherence to the prior ruling without a new substantive analysis.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324618.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324618", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324618" }, { "id": "nexus-sen-1-0007-1324641", "citation": "Res. 24082-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of amparo against Decree 45019-S on drinking water quality", "title_es": "Suspensión de amparo contra Decreto 45019-S sobre calidad del agua potable", "summary_en": "The Constitutional Chamber hears an amparo petition filed against AyA and the Ministry of Health, in which the petitioner challenges Executive Decree No. 45019-S, which amended the Drinking Water Quality Regulation (Decree No. 38924-S). The petitioner argues that the amendments — particularly the introduction of an Alert Value for pesticides and the setting of Risk-Adjusted Maximum Admissible Values (VMAAR) for eight chlorothalonil metabolites — relax protection standards, thereby violating the rights to health, to a healthy and ecologically balanced environment, the precautionary principle, and international treaties. The respondent authorities defend the reform as the outcome of a dietary risk assessment conducted with PAHO support, arguing that the VMAAR are based on toxicological evidence and that the Alert Value operates as a preventive mechanism triggering immediate closures, not as a permissible limit. The Chamber does not address the merits; instead, pursuant to Article 48 of the Constitutional Jurisdiction Law, it suspends the amparo proceedings and grants the petitioner a fifteen-working-day period to file an unconstitutionality action against the challenged decree; failure to do so will result in archiving of the case.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "art-50-constitution", "water-law", "procedural-environmental" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324641.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324641", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324641" }, { "id": "nexus-sen-1-0007-1324714", "citation": "Res. 24161-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Installation of Community Alarm on Utility Pole in Front of Residence", "title_es": "Instalación de alarma comunitaria en poste eléctrico frente a vivienda", "summary_en": "The Constitutional Chamber summarily dismissed an amparo action filed by a resident against the Municipality of San José regarding the installation of a community alarm horn on a utility pole in front of his home. The petitioner alleged noise pollution from excessive and unjustified use of the device, affecting his health, tranquility, and quality of life, in violation of the right to a healthy environment (Article 50 of the Constitution) and the right to health. The Chamber held that the petitioner failed to comply with a preliminary order requiring proof of a formal complaint to the Municipality; the complaint filed with the Ministry of Health was submitted after the order and did not cure the defect. Pursuant to Article 42 of the Constitutional Jurisdiction Law, the amparo was declared inadmissible for failure to correct the procedural deficiency.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324714.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324714", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324714" }, { "id": "nexus-sen-1-0007-1324729", "citation": "Res. 24176-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Eviction from condemned home does not violate rights when social protection is coordinated", "title_es": "Desalojo de vivienda declarada inhabitable no viola derechos si se coordina protección social", "summary_en": "The Constitutional Court dismisses an amparo petition filed by an elderly man with Alzheimer’s and hypertension and his unemployed son, challenging the Ministry of Health’s eviction order for their home in San Francisco de Dos Ríos, declared uninhabitable due to landslide risk. The Court holds that technical assessments of inhabitability and sanitary orders are not reviewable in constitutional proceedings; challenges must be raised through ordinary administrative or court processes. It further finds that the Ministry coordinated with IMAS and CONAPAM before and during the eviction to safeguard the elderly man’s special protection: IMAS granted a six-month monthly subsidy of ₡200,000 for rent and basic needs, and CONAPAM conducted a social assessment and offered care alternatives. Consequently, no violation of the rights to health, a healthy environment, or reinforced protection of the elderly is proven.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324729.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324729", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324729" }, { "id": "nexus-sen-1-0007-1324736", "citation": "Res. 24183-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo regarding hospital construction in Orotina", "title_es": "Amparo prematuro por construcción de hospital en Orotina", "summary_en": "The petitioner, a neighbor adjacent to the construction of a new hospital in Orotina, filed an amparo against the Municipality of Orotina and the Costa Rican Social Security Fund (CCSS) alleging excessive noise, demolition threats, and lack of evacuation routes. He lodged a complaint on July 3, 2025, and sought amparo on July 11, 2025, merely eight days later. The Constitutional Chamber declared the amparo inadmissible as premature, based on Article 9 of the Constitutional Jurisdiction Law, reasoning that the authorities were still within the two-month period established in Article 261 of the General Public Administration Law to resolve the complaint. The Chamber reiterated its jurisprudence since decision 2008-02545, holding that disputes over compliance with administrative deadlines fall within the jurisdiction of the contentious-administrative courts, and that amparo is appropriate only once the statutory period has elapsed without response. Since the deadline had not passed, the petition was dismissed outright.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324736.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324736", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324736" }, { "id": "nexus-sen-1-0007-1324923", "citation": "Res. 24377-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature environmental amparo against sewerage leak", "title_es": "Amparo ambiental prematuro por denuncia de filtración de aguas negras", "summary_en": "The Constitutional Chamber of Costa Rica summarily dismisses as inadmissible an amparo petition against the Ministry of Health for allegedly failing to address a sewerage leak complaint. The petitioner filed the complaint on June 2, 2025, regarding contamination on her property. Although the Ministry conducted an on-site inspection, it had not completed a dye test nor resolved the complaint. Citing its doctrine from decision 2008-02545, which generally refers administrative-delay claims to the contentious-administrative jurisdiction with exceptions for environmental complaints, the Chamber found the amparo premature because the Ministry’s two-month statutory deadline to resolve the complaint had not yet expired. The ruling does not reach the merits of the environmental harm alleged, focusing solely on the timeliness of the administrative process.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1324923.json", "html_url": "/legal/doc/nexus-sen-1-0007-1324923", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1324923" }, { "id": "nexus-sen-1-0007-1325080", "citation": "Res. 24547-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against Decree 44974-S on waste management", "title_es": "Inadmisibilidad de amparo contra Decreto 44974-S por gestión de residuos", "summary_en": "The Constitutional Chamber summarily dismisses an amparo action filed by a resident of Aserrí against the Ministry of Health, challenging the lack of a national comprehensive waste management plan and the disproportionate burdens imposed on local governments by Executive Decree No. 44974-S. The petitioner claimed the decree would cause environmental harm in his community by requiring the local landfill to receive waste from 45 municipalities, leading to its collapse, increased traffic, leachate, and environmental risks. The Chamber rules that amparo is not the appropriate mechanism to challenge public policies requiring the weighing of technical, environmental, and policy considerations, which must be litigated through ordinary administrative or judicial channels. It further holds that the petition is directed against a normative provision without challenging individual acts of application, rendering it inadmissible under Article 30(a) of the Law on Constitutional Jurisdiction. Additionally, it finds the alleged environmental harm rests on mere presumptions lacking certainty, thus no violation of Article 50 of the Constitution is established.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1325080.json", "html_url": "/legal/doc/nexus-sen-1-0007-1325080", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1325080" }, { "id": "nexus-sen-1-0007-1325258", "citation": "Res. 24745-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with amparo judgment on flooding in Villa Bonita, Alajuela", "title_es": "Incumplimiento de amparo sobre inundaciones en Villa Bonita de Alajuela", "summary_en": "The Constitutional Chamber dismisses a new non-compliance motion filed by the petitioner against the Municipality of Alajuela, CONAVI, AyA, and the Ministry of Health, regarding judgment No. 2020-18857 which ordered a comprehensive solution to stormwater flooding in the Villa Bonita community of Alajuela. The petitioner claims that CONAVI has made no progress connecting the stormwater pipe on National Route 124, rendering the 90% completed municipal works useless. After reviewing sworn statements, the Chamber finds that the Municipality has installed 1,105 meters of pipe and is coordinating with AyA and CONAVI to finish the remaining 55 meters, scheduled for mid-July 2025. CONAVI has technically validated the designs, conducted joint on-site inspections, and maintained ongoing coordination. The Chamber concludes that both entities have taken actions aimed at complying with the judgment, thus no non-compliance or disobedience exists. The motion is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1325258.json", "html_url": "/legal/doc/nexus-sen-1-0007-1325258", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1325258" }, { "id": "nexus-sen-1-0007-1325346", "citation": "Res. 24841-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against earth movements without municipal permits affecting protection zone of Alajuela River", "title_es": "Amparo sobre movimientos de tierra sin permisos municipales que afectan zona de protección del Río Alajuela", "summary_en": "The Constitutional Chamber hears an amparo action filed by the Integral Development Association of Canoas and Guadalupe and the Association for the Development of Campo Verde against the Municipality of Alajuela and SETENA. The petitioners allege that unpermitted earth movements are taking place next to the Campo Verde residential complex, invading the protection zone of the Alajuela River and creating slopes that endanger nearby homes. They also complain that they have not received a response regarding the water supply for a future 250-home project and that a promised recreation area has not been built. After analyzing the reports submitted by the authorities, the Chamber partially grants the amparo. It finds that, concerning the earth movements and possible criminal and civil liability, the amparo is not admissible because the Municipality and SETENA acted within reasonable timeframes, conducted inspections, issued warnings, and even filed a criminal complaint. Nevertheless, the Chamber grants the amparo regarding the information request about water resources, since no response was provided within the ten-business-day deadline set forth in Article 32 of the Constitutional Jurisdiction Law, ordering the Municipality to provide such information. The amparo is denied for the other claims, including the order to build the recreation area, as no specific request on this matter was filed with the authorities.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1325346.json", "html_url": "/legal/doc/nexus-sen-1-0007-1325346", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1325346" }, { "id": "nexus-sen-1-0007-1325352", "citation": "Res. 24859-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Distinction Between Petition and Exhortation in Right of Petition", "title_es": "Diferencia entre petición y exhortación en derecho de petición", "summary_en": "The Constitutional Chamber reviewed a writ of amparo filed by a Ministry of Finance employee against the Monseñor Sanabria Hospital, claiming lack of response to a request submitted on March 10, 2025. The petitioner sought a medical opinion to determine if he could continue using a firearm and driving vehicles, in order to obtain a job reassignment. The Chamber concluded that the petitioner's request did not constitute a request for information or a simple petition, but rather an exhortation to the administration to act in a certain way. Based on established case law, it reiterated that there is no correlative obligation to respond to exhortations, and therefore the right of petition under Article 27 of the Constitution was not violated. The writ was denied, affirming the distinction between petitions and exhortations in constitutional amparo proceedings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1325352.json", "html_url": "/legal/doc/nexus-sen-1-0007-1325352", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1325352" }, { "id": "nexus-sen-1-0007-1325365", "citation": "Res. 24879-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Encroachment on Municipal Land and the La Saca Canal", "title_es": "Invasión de terreno municipal y canal pluvial La Saca", "summary_en": "The Constitutional Chamber hears an amparo filed by property owners in Santo Domingo de Heredia, who claim that the Municipality has failed to resolve landslides and erosion caused by extreme weather and uncontrolled stormwater discharge into the adjacent canal known as 'La Saca'. They allege municipal omissions in canal maintenance, lack of a hydraulic capacity study, and confusion over the application of Article 33 of the Forestry Law, since the Water Directorate of MINAE determined the waterway is an irrigation ditch (acequia) and not a public watercourse, thus forest protection setbacks do not apply. The Municipality argues the damage stems from the claimants' encroachment on municipal land (shed and fence on municipal lot 133218) and poor stormwater management on their property, and that it has carried out periodic cleanings and responded to requests. The Chamber dismisses the amparo, holding that determining the causal link between municipal actions and the damage exceeds the summary nature of amparo and must be addressed through ordinary proceedings, and that no neglect of requests was shown, as the Municipality performed cleanings and provided a formal response.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1325365.json", "html_url": "/legal/doc/nexus-sen-1-0007-1325365", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1325365" }, { "id": "nexus-sen-1-0007-1325372", "citation": "Res. 24889-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of petition regarding draft agreement for Tortuga Island dock", "title_es": "Derecho de petición sobre borrador de convenio para embarcadero en Isla Tortuga", "summary_en": "The Constitutional Chamber hears an amparo action against the Paquera District Municipal Council for failing to respond to the petitioner's opposition to a proposed cooperation agreement with the ICT for a dock on Tortuga Island and his request for a certified copy of the agreement. The Council reports that no agreement has been approved—only a draft under study by the Legal Affairs Commission—and that it referred the petitioner’s note to that commission without informing him. The Chamber distinguishes three issues: the request for a copy of the draft, the substantive opposition, and the right of petition. Regarding the copy, it applies the precedent that drafts under study are not definitive public documents, so the claim is denied. As for the opposition, since no definitive text exists, the court cannot declare any substantive legal violations or suspend the project. However, the Council failed to inform the petitioner of the action taken on his filing, violating his constitutional right of petition. The amparo is partially granted; the authorities are ordered to respond within five working days and to pay costs. The rest is dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1325372.json", "html_url": "/legal/doc/nexus-sen-1-0007-1325372", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1325372" }, { "id": "nexus-sen-1-0007-1325398", "citation": "Res. 24917-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water connection denial due to lack of application and technical feasibility", "title_es": "Denegatoria de conexión de agua por falta de solicitud y factibilidad técnica", "summary_en": "The Constitutional Chamber heard an amparo action filed by a company’s liquidator against AyA and the ASADA of Playa Potrero (Surfside), alleging repeated and unjustified denial of potable water service for two properties. The petitioner claimed a hydrant was in front of his lots and neighboring properties had active service, suggesting arbitrary and discriminatory enforcement of an AyA recommendation to stop issuing availability certificates. The Chamber found the petitioner never filed a formal application, having only exchanged emails. It also confirmed that AyA recommended suspending new connections due to insufficient hydraulic and water supply capacity, requiring a storage tank and system improvements before new services could be granted. The Court reiterated that the fundamental right to water is not absolute; it is conditioned on compliance with legal and technical requirements, review of which falls to the administrative authority, not the constitutional court. In the absence of a pending request or arbitrary denial, the amparo was denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1325398.json", "html_url": "/legal/doc/nexus-sen-1-0007-1325398", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1325398" }, { "id": "nexus-sen-1-0007-1325401", "citation": "Res. 24920-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to water not absolute in absence of technical feasibility", "title_es": "Derecho al agua no es irrestricto ante falta de factibilidad técnica", "summary_en": "The Constitutional Chamber dismissed an amparo appeal filed by residents of Santa Marta de Bajo Caliente against the Costa Rican Institute of Aqueducts and Sewers (ICAA). The appellants argued that requiring them to finance technical studies for a rural aqueduct was disproportionate and violated their right to water. The Chamber found that there is a technical impossibility to provide the service due to high hydraulic complexity and lack of local ASADA feasibility. Following its own precedent, it held that when there is a material impossibility or lack of infrastructure, there is no violation of fundamental rights if the administration asks applicants to bear study costs. Moreover, verification of legal and technical requirements falls to administrative or ordinary courts, not the constitutional tribunal. The appeal was denied, without prejudice to the appellants' right to pursue their claims in ordinary proceedings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1325401.json", "html_url": "/legal/doc/nexus-sen-1-0007-1325401", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1325401" }, { "id": "nexus-sen-1-0007-1325491", "citation": "Res. 25016-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of Amparo for Failure to Meet Requirements for Potable Water Availability", "title_es": "Denegatoria de amparo por incumplimiento de requisitos para disponibilidad de agua potable", "summary_en": "The Constitutional Chamber (Sala Constitucional) dismissed an amparo action filed against AyA (Costa Rican Institute of Aqueducts and Sewers) by a petitioner who claimed that the required documents for obtaining potable water service availability had been changed. She alleged that initially a sketch and form were requested, but later a registered survey plan (plano catastrado) with its corresponding cadastral report (minuta) was demanded, which she could not provide. AyA reported that the documentation was incomplete: the application form was not fully filled out, the sworn statement lacked a second witness, and the sketch did not meet the required professional land survey (plano de agrimensura) standard. The Chamber found no arbitrary or capricious conduct by AyA, but rather a legal impossibility to process the application due to the petitioner's failure to fulfill the regulatory requirements. It reaffirmed the precedent that distinguishes between an illegitimate denial of service and a legal or material impossibility to provide it, concluding that no fundamental rights had been violated.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1325491.json", "html_url": "/legal/doc/nexus-sen-1-0007-1325491", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1325491" }, { "id": "nexus-sen-1-0007-1325783", "citation": "Res. 25324-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Corcovado quota increases without technical basis — Amparo granted", "title_es": "Aumento de cupos en Corcovado SIN base técnica — Amparo concedido", "summary_en": "The Constitutional Chamber granted an amparo against SINAC's increase in daily visitation quotas at Corcovado National Park. The petitioner argued that Resolution SINAC-ACOSA-D-R-0048-2023, which raised the daily entry cap from 560 to 700 and overnight capacity from 70 to 80, lacked scientific backing and violated the precautionary principle and the right to a healthy environment. The Chamber found that although SINAC cited a visitor flow management tool, the administrative resolution itself did not set out the parameters or concrete results of its application, rendering the act poorly motivated and obstructing environmental justice. The Chamber ordered the resolution quashed and a new one issued expressly justifying the quotas with the tool's findings. Two dissenting votes were cast: one held the matter should be litigated before the ordinary administrative courts, and the other invoked precedents treating quota regulation as a pure legality issue outside constitutional amparo.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "biodiversity-law-7788", "art-50-constitution" ], "date": "12/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1325783.json", "html_url": "/legal/doc/nexus-sen-1-0007-1325783", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1325783" }, { "id": "nexus-sen-1-0007-1326093", "citation": "Res. 25664-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Public road enabling adjacent to Montezuma Park does not violate fundamental rights", "title_es": "Habilitación de calle pública contiguo al Parque de Montezuma no lesiona derechos fundamentales", "summary_en": "The Constitutional Chamber dismissed the amparo action filed by a resident and a corporation against the Cóbano District Municipal Council regarding a sign for a public road project adjacent to Montezuma Park. The plaintiffs claimed the project would destroy the park, lack proper environmental assessment, and destabilize a hotel under construction. The Chamber found the project has environmental feasibility (resolution 0631-2021-SETENA), the area does not qualify as forest or protected area, and the sign complies with regulations. It also held that disputes about the project's basis in regulatory plans must be pursued in ordinary courts, not amparo. No prior complaint about the hotel risk was shown. The Chamber reaffirmed that amparo is a summary proceeding unsuitable for complex evidence.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326093.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326093", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326093" }, { "id": "nexus-sen-1-0007-1326094", "citation": "Res. 25666-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sewage spill without prior complaint does not activate amparo", "title_es": "Derrame de aguas negras sin denuncia previa no activa el amparo", "summary_en": "A resident of Lomas de San Francisco de Dos Ríos filed an amparo against the Costa Rican Institute of Aqueducts and Sewers (ICAA), the Ministry of Health, and the Municipality of San José over a sewage spill affecting the community. The Constitutional Chamber dismissed the amparo because the complainant did not file a prior administrative complaint before directly resorting to the constitutional court. The Chamber reiterated that the amparo is not a complaint-processing body and that, although exceptions exist (large-scale cases or when authorities were already aware of the damage and failed to act), none of these were met. Moreover, after being notified of the amparo, the respondent institutions conducted inspections, cleaning, and maintenance, resolving the sewage overflow. The Court stressed the need to first exhaust ordinary administrative channels to report environmental harms, reserving constitutional jurisdiction for when those prior complaints go unanswered.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326094.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326094", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326094" }, { "id": "nexus-sen-1-0007-1326099", "citation": "Res. 25672-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition regarding crocodile population report", "title_es": "Derecho de petición sobre informe de población de cocodrilos", "summary_en": "The Constitutional Chamber heard an amparo filed by the director of Defendamos Costa Rica against the Ministry of the Presidency for failing to respond to a request for information submitted on September 28, 2024. The petitioner sought a copy of a MINAE study on the abundance and population status of the American crocodile, referenced by the president in a press conference, as well as details on control and monitoring plans for these reptiles. Although the vice minister of Environment responded via official letter DVA-035-2025 in March 2025, the requested report was not attached. Eventually, on June 27, 2025, after the amparo proceedings, the complete document was provided. The Chamber granted the amparo due to violation of the right of petition and timely response, as nearly nine months elapsed before full information was received. The majority did not award costs or damages, reasoning that the violation did not directly affect a pecuniary right. Justices Salazar Alvarado and Garro Vargas partially dissented, arguing for damages and costs, respectively.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326099.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326099", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326099" }, { "id": "nexus-sen-1-0007-1326100", "citation": "Res. 25673-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on noise and spills: follow-up of complaint before Ministry of Health", "title_es": "Amparo por ruido y vertidos: seguimiento de denuncia ante Ministerio de Salud", "summary_en": "The Constitutional Chamber hears an amparo filed by neighbors adjacent to HC Recycle, who allege noise and environmental pollution (oil and paint spills) affecting their health and quality of life, as well as danger from truck traffic and an inadequate dividing wall. They filed a complaint with the Ministry of Health in November 2024 without receiving a definitive response. The Chamber finds that while the Ministry carried out inspections, technical reports, and sanitary orders, formal communication of the complaint's result to the petitioners only occurred on June 19, 2025, over seven months later, and only due to the amparo proceedings. This violates the fundamental right to a timely resolution (Article 41 of the Constitution). Since the situation was remedied during the proceedings, the amparo is granted under Article 52 of the Constitutional Jurisdiction Law, but without an award of costs, damages, or losses, by majority opinion. There are partial dissents on costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326100.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326100", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326100" }, { "id": "nexus-sen-1-0007-1326105", "citation": "Res. 25679-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied for failure to prove health harm from tobacco smoke", "title_es": "Improcedencia del amparo por falta de prueba de afectación a la salud por humo de tabaco", "summary_en": "The Constitutional Chamber rejects the amparo appeal filed by an inmate who claimed respiratory issues from living with smokers at the Jorge Arturo Montero Castro prison. The Chamber sets forth the doctrine that, for convicted inmates, the proper avenue to assert fundamental rights during sentence execution is habeas corpus, reserving amparo only for exceptional cases related to human dignity, health, and life. In the specific case, it was not proven that the appellant had previously requested transfer to a non-smoking unit, nor that he had any medical conditions linked to tobacco smoke; instead, the evidence showed he was already on a waitlist for relocation and a Ministry of Health inspection found no sanitary violations. Thus, the Chamber denies the appeal, finding no infringement of rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326105.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326105", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326105" }, { "id": "nexus-sen-1-0007-1326112", "citation": "Res. 25687-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo for bus parking causing landslides", "title_es": "Amparo prematuro por estacionamiento de autobús que causa deslizamientos", "summary_en": "The Constitutional Chamber heard an amparo action filed by a property owner whose land borders a national route, where a bus is continuously parked. The petitioner claimed that the parking causes visual obstruction, traffic hazard, and landslides that endanger her home and family, and that the Ministry of Public Works and Transport (MOPT) failed to address her complaint. The Chamber found that the complaint to MOPT was filed on May 20, 2025, and the amparo was filed on May 22, 2025—only two days later—so the administration was still within the two-month period established in Article 261 of the General Public Administration Law to respond. Consequently, the amparo was denied as premature, but the Chamber urged the authorities to coordinate and take all necessary actions to resolve the situation without undue delay. Additionally, Magistrates Castillo Víquez and Salazar Alvarado issued separate notes on jurisdiction over such matters.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326112.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326112", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326112" }, { "id": "nexus-sen-1-0007-1326118", "citation": "Res. 25693-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo Denied on Municipal Response to Opposition to Multi-Use Court", "title_es": "Improcedencia del amparo por respuesta municipal a oposición de planché", "summary_en": "The Constitutional Chamber rules on an amparo filed by a resident of Urbanización Heliconias in Purral de Guadalupe against the Municipality of Goicoechea, concerning the alleged failure to address her opposition to the construction of a multi-use court in the park in front of her home. The appellant argued that the project would affect her quality of life, health, safety, and urban trees, and that her petition was not duly considered. The Chamber finds that the Municipality did formally respond to her request before the amparo was notified, thus no violation of fundamental rights occurred. It clarifies that disagreements with the response's content are not amparo matters but fall under the contentious-administrative jurisdiction. Judge Castillo Víquez adds a separate note on jurisdiction regarding the right to petition. The amparo is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326118.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326118", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326118" }, { "id": "nexus-sen-1-0007-1326121", "citation": "Res. 25696-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to resolve environmental complaints on poultry farm in Puriscal", "title_es": "Omisión de resolver denuncias ambientales sobre granja avícola en Puriscal", "summary_en": "The Constitutional Chamber hears a new amparo action brought by an elderly person against the Municipality of Puriscal, SENASA, and SINAC regarding the operation of a poultry farm in Grifo Alto de Puriscal. The complainant alleges that complaints filed since 2018 concerning illegal construction, aquifer contamination, and health impacts remain unresolved. The Chamber finds that SENASA was already ordered in a prior amparo (case 25-008432-0007-CO) to resolve the complaint, and that the deadline had not expired when this new action was filed, rendering it premature. As for the Municipality, it verifies that the complaints of January and July 2021 were neither resolved nor notified, despite the farm obtaining permits in 2020, thus violating the right to prompt and complete justice (Art. 41 of the Constitution). Similarly, SINAC failed to resolve the February 2025 complaint regarding tree felling and earthworks. The amparo is granted for violation of Article 41, ordering the Mayor and SINAC to resolve and notify within five days. Costs are imposed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326121.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326121", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326121" }, { "id": "nexus-sen-1-0007-1326129", "citation": "Res. 25704-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of potable water availability due to lack of infrastructure is not arbitrary", "title_es": "Denegatoria de disponibilidad de agua potable por falta de infraestructura no es arbitraria", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by landowners in Osa, Puntarenas, against the Costa Rican Institute of Aqueducts and Sewers (ICAA). The petitioners were in the process of securing a mortgage to build a family home, but the Municipality of Osa required proof of potable water availability. ICAA issued a negative availability certificate, stating there was no distribution pipeline in front of the property, although hydraulic capacity existed. It proposed a 24-meter branch extension with detailed technical specifications to be carried out by the applicant at their own expense. The petitioners argued this was unjust and economically burdensome, noting that neighboring properties already had water meters. The Chamber verified that the denial was based on objective technical and regulatory criteria, not arbitrariness. It reaffirmed its jurisprudence that when there is technical or material impossibility—lack of infrastructure—fundamental rights are not violated. The Court held that challenges to technical requirements and case-specific assessments belong in ordinary administrative or judicial proceedings, not constitutional amparo.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326129.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326129", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326129" }, { "id": "nexus-sen-1-0007-1326135", "citation": "Res. 25711-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Restriction of minor visitors to inmates in high-security modules", "title_es": "Restricción de visitas de menores a reclusos en módulos de alta contención", "summary_en": "The Constitutional Chamber heard an amparo action filed on behalf of an inmate held in the high-security module of CAI Terrazas, who alleged that he was prohibited from receiving visits from his minor daughter and that he occasionally received spoiled food. The Chamber dismissed the food claim after an inspection by the Health Authority confirmed adequate hygiene and food-handling conditions. Regarding the minor's visits, the Chamber partially granted the appeal. It held that Directive DVJ-009-04-2025, which established a general rule prohibiting in-person visits by minors in high-security circuits, was not per se unconstitutional, but its abrupt application to the inmate—who had previously been authorized to receive such visits—without implementing an individualized assessment mechanism violated the best interests of the child and the right to family communication. Prison authorities were ordered to implement the directive’s provisions on contact with minors and to assess the feasibility of in-person visits by the inmate's daughter. One judge dissented, arguing that the directive inverted the legal presumption under the Convention on the Rights of the Child, which favors direct contact.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326135.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326135", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326135" }, { "id": "nexus-sen-1-0007-1326144", "citation": "Res. 25722-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal inaction in removing sidewalk ramps violates pedestrian rights", "title_es": "Omisión municipal en remoción de rampas que obstruyen acera vulnera derechos de peatones", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Tibás and the Ministry of Health for failing to remove ramps built by neighbors to access vehicles, which obstructed pedestrian passage on the sidewalk. The petitioner claimed the situation endangered pedestrians, especially older adults and children, as his property sat lower than the ramps, causing water to pool. The Court found that, although the petitioner did not directly file a complaint with the municipality, it had been aware of the problem since September 2024, had conducted inspections and notifications, yet had not executed the removal in almost a year—a period deemed excessive and unreasonable. The amparo was partially granted: dismissed against the Ministry of Health, which promptly referred the case to the municipality; but the Municipality of Tibás was ordered to eliminate the obstacles within two months, under penalty of contempt. Concurrent opinions emphasize the priority protection of pedestrians and the exceptional nature of intervening in cases of administrative inaction when vulnerable groups are affected.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326144.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326144", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326144" }, { "id": "nexus-sen-1-0007-1326149", "citation": "Res. 25728-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Closure of bridge over Torres River does not violate fundamental rights", "title_es": "Cierre de puente sobre el Río Torres no vulnera derechos fundamentales", "summary_en": "The Constitutional Chamber denied an amparo action filed by a local resident against the Ministry of Public Education and the Municipality of Goicoechea regarding the installation of a mesh gate on a bridge over the Torres River leading to Liceo Anastasio Alfaro. The plaintiff claimed obstruction of public access to a public domain asset. The Chamber verified that the bridge is not a public thoroughfare but a controlled access exclusively for the student community, built for that purpose and supported by technical criteria. Additionally, the Municipality maintains alternative access to the river protection zone via a gate located 10 meters from the bridge, ensuring public use of the riverbed in accordance with the Water Law and Forestry Law. The measure was found proportionate and justified on grounds of student safety and infrastructure integrity. The Chamber stated that any disagreement regarding the public nature of the bridge must be pursued through ordinary legal channels, not through amparo.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "forestry-law-7575", "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326149.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326149", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326149" }, { "id": "nexus-sen-1-0007-1326155", "citation": "Res. 25735-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of amparo challenging pesticide alert values", "title_es": "Suspensión del amparo contra valores de alerta para plaguicidas", "summary_en": "The Constitutional Chamber suspends the processing of an amparo action filed against Executive Decree No. 45019-S, which amended the Regulation for Drinking Water Quality. The petitioner, a legislative deputy, argued that the amendments —particularly the introduction of an Alert Value of 0.10 µg/L for individual pesticides and risk-adjusted maximum admissible values (VMAAR) for chlorothalonil metabolites— violated the rights to health and a healthy environment, as well as the precautionary principle. The Ministry of Health defended the amendments as a technical response based on a dietary risk assessment carried out with PAHO support, arguing the new values do not weaken standards but rather incorporate preventive, temporary tools that strengthen public health protection. The Chamber does not rule on the merits, but rather grants the request to suspend the amparo under Article 48 of the Constitutional Jurisdiction Law, given that a constitutional challenge against the same decree has also been filed under case file 25-023487-0007-CO.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326155.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326155", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326155" }, { "id": "nexus-sen-1-0007-1326164", "citation": "Res. 25745-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ministry of Culture's delay in resolving heritage declaration request for Tures Bridge", "title_es": "Demora del Ministerio de Cultura en resolver solicitud de declaratoria patrimonial del Puente Tures", "summary_en": "The Constitutional Chamber heard an amparo action filed by a citizen interested in the protection of historical and cultural heritage, specifically the Tures Bridge in Santo Domingo de Heredia, against the Ministry of Culture and Youth, the MOPT, and the Municipality of Santo Domingo. The petitioner argued that: (i) the Ministry of Culture had not resolved a request for a historical-architectural heritage declaration filed in April 2025; (ii) the Municipality failed to respond to a congressman's information request on the same declaration; and (iii) the Vice Minister of Infrastructure of the MOPT did not grant a hearing to reconsider the bridge's demolition. The Chamber partially granted the amparo: it found unjustified delay by the Ministry of Culture, which took three months without even assigning a technical study, violating Article 41 of the Constitution, and ordered it to resolve the request within four months; it also maintained the precautionary suspension of demolition until the bridge's heritage status is decided. As for the Municipality, the claim was dismissed because the request was not sent through designated official channels, citing a prior ruling on the same matter. The claim regarding the hearing request was rejected as not subject to amparo protection, being a matter of ordinary legality.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326164.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326164", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326164" }, { "id": "nexus-sen-1-0007-1326176", "citation": "Res. 25757-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for failure to respond to request for genetic manipulation information", "title_es": "Amparo por falta de respuesta a solicitud de información sobre manipulación genética", "summary_en": "The Constitutional Chamber reviewed an amparo filed by an individual who requested from the Ministry of Environment and Energy the names of natural and legal persons who had performed genetic manipulation activities and were registered with CONAGEBIO's Technical Office between 2020 and 2025, based on Biodiversity Law No. 7788. The requested authority did not provide the information before the amparo was filed. During the proceedings, CONAGEBIO's Executive Director responded through official memorandum OT-0526-2025, notified on July 24, 2025, explaining that a functional registry does not exist because the regulation for Articles 46, 47, and 48 of the Biodiversity Law is still pending approval, making it impossible to generate such information. Since the response was issued after the amparo was admitted, the Chamber granted the amparo under Article 52 of the Constitutional Jurisdiction Law. However, the majority did not award costs, damages, or losses, prompting partial dissenting votes arguing for such an award.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "biodiversity-law-7788", "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326176.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326176", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326176" }, { "id": "nexus-sen-1-0007-1326208", "citation": "Res. 25791-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition and access to information about Project Junabra", "title_es": "Derecho de petición y acceso a información sobre el Proyecto Junabra", "summary_en": "The Constitutional Chamber hears an amparo action filed against the Municipality of Santo Domingo for failing to respond to a request for information about the approval conditions of the stormwater drainage and the traffic impact study for Project Junabra, filed on June 26, 2025. The municipality replied on July 29, 2025, after the amparo was underway, providing detailed documentation. The Court finds a violation of the right to petition and timely response, as the information was only provided due to the amparo. However, the majority partially upholds the appeal without awarding costs or damages, reasoning that the claim lacks direct patrimonial content. Two judges dissent: one orders compensation and costs for breach of the constitutional ten-day deadline; another orders only damages but not costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326208.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326208", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326208" }, { "id": "nexus-sen-1-0007-1326210", "citation": "Res. 25793-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for delay in resolving water availability appeal", "title_es": "Amparo por demora en resolver recurso de disponibilidad de agua", "summary_en": "The Constitutional Chamber reviews an amparo action against the Costa Rican Institute of Aqueducts and Sewers (AyA) filed by a petitioner who in 2024 obtained a positive water and sewer availability certificate for a commercial premises, valid and extendable. In May 2025, she applied for a new certificate to build two apartments on the same property, but AyA denied it due to a water capacity deficit, declaring the area deficient. She filed a revocation appeal with subsidiary appeal on June 3, 2025; after more than a month without a decision, she sought amparo. AyA reported that the revocation appeal was decided on July 21, 2025 —the same day the amparo was notified— rejecting it as untimely and forwarding the subsidiary appeal to the superior. The Chamber grants the amparo for the delay, with no award of costs for the majority, though two judges partially dissent, arguing for an abstract award of damages. The superior authority is ordered to resolve the pending appeal within legal time limits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326210.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326210", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326210" }, { "id": "nexus-sen-1-0007-1326220", "citation": "Res. 25805-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Traffic Impact Study in Santa Teresa de Cóbano", "title_es": "Estudio de impacto vial en Santa Teresa de Cóbano", "summary_en": "The Constitutional Chamber denies an amparo action filed by a resident of Santa Teresa de Cóbano against the Ministry of Public Works and Transport (MOPT), alleging unjustified delay in scheduling a functional and road safety impact study. The petitioner requested the study in May 2025; the Directorate General of Traffic Engineering replied in July 2025 that it would be included in the 2026 planning due to resource saturation and already scheduled projects. The Chamber finds the response timely and the MOPT's justification reasonable: the study is complex (three months of work) and annual planning depends on budget and staffing constraints. Notably, the Administration scheduled a preliminary technical visit for September 2025 and the study for the second quarter of 2026, demonstrating genuine interest. There is no violation of the right to prompt and complete justice (Article 41 of the Constitution), as the delay is objectively justified.", "primary_topic_id": "_off-topic", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326220.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326220", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326220" }, { "id": "nexus-sen-1-0007-1326514", "citation": "Res. 26119-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature Amparo for Lack of Technical Response from MINAE on Puket Project", "title_es": "Amparo prematuro por falta de respuesta técnica del MINAE sobre proyecto Puket", "summary_en": "The Constitutional Chamber reviewed an amparo filed by the Association for the Development of Ecology against the Ministry of Environment and Energy (MINAE) claiming a lack of technical response and cartographic support to a request for information about the environmental impacts of the real estate project Inversiones Puket, S.A., allegedly located within or near the Gandoca Manzanillo National Wildlife Refuge (RNVSGM) and Ramsar Site 783. The petitioner argued that the initial response from the vice minister lacked rigor and requested a detailed report including georeferenced cartography, an updated environmental impact assessment, and the adoption of precautionary measures. The Chamber determined that the amparo was premature, since at the time of filing the two-month period for the Administration to resolve the request filed on June 25, 2025 had not elapsed. Consequently, the appeal was summarily dismissed as inadmissible, without addressing the merits of the alleged environmental violations.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326514.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326514", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326514" }, { "id": "nexus-sen-1-0007-1326642", "citation": "Res. 26242-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Severance and Archival for Repetitive Amparo on Non-Compliance with Prior Judgment", "title_es": "Desglose y archivo por reiteración de amparo sobre incumplimiento de sentencia previa", "summary_en": "The Constitutional Chamber hears an amparo action against MINAE, the Municipality of Pérez Zeledón, and Finca La Familia S.A. for alleged non-compliance with Judgment 2025-017901 of June 13, 2025 (Case No. 24-027574-0007-CO). That judgment ordered the authorities to enforce the closure and removal of illegal constructions within the protection zones of the Barucito River and a nameless stream. The petitioner claims the structures remain in use despite the peremptory deadlines and suggests possible collusion between officials and the company. The Chamber finds that the claim is entirely about failure to comply with its own prior ruling, which must be addressed in the original case file. It therefore orders the petition to be severed and added to that file, and simply archives this new case on the grounds that it is manifestly inadmissible as a standalone amparo.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326642.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326642", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326642" }, { "id": "nexus-sen-1-0007-1326710", "citation": "Res. 26314-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo Against Regulatory Provision", "title_es": "Improcedencia del amparo contra norma reglamentaria", "summary_en": "The Constitutional Chamber flatly rejects an amparo action filed against Article 5 of Executive Decree No. 44842-S, Regulation for the Management of Construction and Demolition Waste. The plaintiff argued that this provision restricts her right to work by limiting the signing of hazardous waste transport sheets solely to chemical engineering and/or chemistry professionals, excluding other environmental professionals. The Chamber holds that the amparo is inadmissible under Article 30(a) of the Constitutional Jurisdiction Law, which prohibits challenges to general regulations via this remedy, absent exceptions not met here. Furthermore, the court lacks jurisdiction to reform general regulatory provisions. The decision is based solely on procedural grounds, without examining the merits of the alleged labor discrimination.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326710.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326710", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326710" }, { "id": "nexus-sen-1-0007-1326737", "citation": "Res. 26346-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against judicial ruling on poultry shed demolition", "title_es": "Inadmisibilidad de amparo contra resolución judicial de demolición de galeras avícolas", "summary_en": "The Constitutional Chamber summarily rejects an amparo filed against a ruling by the Criminal Court of Grecia that denied an extension for the demolition of sheds at Finca Avícola San Juan. The petitioner alleged new facts posing serious risk to animal health, environmental sanitation, and public health, and sought the Chamber's intervention. The court finds that the challenge concerns a judicial act by an organ of the Judicial Branch exercising its jurisdictional function within a criminal proceeding. Under Article 30(b) of the Constitutional Jurisdiction Law, such rulings are not reviewable via amparo. The proper forum is the criminal proceeding itself. Although the underlying matter involves environmental and health risks, the Chamber does not reach the merits due to procedural jurisdictional grounds, limiting its decision to declaring the amparo inadmissible without addressing substantive environmental issues.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326737.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326737", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326737" }, { "id": "nexus-sen-1-0007-1326765", "citation": "Res. 26388-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with ruling on environmental and health complaint regarding Puntarenas streams", "title_es": "Inejecución de sentencia sobre denuncia ambiental y sanitaria en quebradas de Puntarenas", "summary_en": "The Constitutional Chamber addresses a non-compliance proceeding filed by the original amparo petitioner, who alleged that neither the Municipality of Puntarenas nor the Barranca Health District had definitively resolved her complaints within the one-month period set in Decision No. 2025-017101. The Ministry of Health issued a sanitary order and communicated a work plan but failed to demonstrate follow-up or notify the petitioner. The Municipality stated it needs to request emergency intervention from the National Risk Prevention Commission, which will take the rest of the year. The Chamber finds partial non-compliance by both entities, reiterates the order for immediate compliance, warns it will forward the case file concerning the mayor and initiate administrative proceedings against the other officials if they fail to comply, and requires proof of compliance.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326765.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326765", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326765" }, { "id": "nexus-sen-1-0007-1326833", "citation": "Res. 26456-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Follow-up on amparo orders for black water contamination in Tamarindo", "title_es": "Seguimiento de órdenes en amparo por contaminación de aguas negras en Tamarindo", "summary_en": "This resolution follows up on Constitutional Chamber judgment 2023032275, which had granted an amparo action concerning black water contamination in the community of Tamarindo, Guanacaste. The Santa Cruz Health District requested an extension of the deadline to complete the sanitation system works, arguing that construction is estimated to finish by May 18, 2026. The Chamber denies the extension as disproportionate, since the original deadline expired on February 9, 2024, and accepting it would mean an additional delay of over two years. Reports from the Costa Rican Institute of Aqueducts and Sewers on project progress are added to the record. The order to comply with the previous ruling is reiterated, with a warning of potential criminal consequences for disobedience, including the initiation of administrative proceedings and referral to the Public Prosecutor's Office. The resolution reaffirms the violation of the rights to health and a healthy and ecologically balanced environment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326833.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326833", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326833" }, { "id": "nexus-sen-1-0007-1326841", "citation": "Res. 26465-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of Precautionary Measures in Gandoca-Manzanillo Already Ordered", "title_es": "Reiteración de medidas cautelares en Gandoca-Manzanillo ya ordenadas", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of Talamanca and the National System of Conservation Areas (SINAC) for alleged environmental damage in the Gandoca-Manzanillo National Wildlife Refuge. The petitioner claimed unlawful reduction of the refuge, incompatible tourism activities, and harm to the biological corridor, requesting suspension of construction permits, land use, and forest harvesting. The Chamber notes that it had already issued precautionary measures in case file 14-19174-0007-CO (resolution of March 7, 2025), including suspension of municipal concessions, freezing of forest permits in seven forest blocks, and suspension of ministerial directive 09-2023. Since the petitioner’s claims are covered by those existing measures, the Chamber declines to admit the new amparo, ordering the documents to be attached to the unconstitutionality case for resolution there.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326841.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326841", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326841" }, { "id": "nexus-sen-1-0007-1326849", "citation": "Res. 26473-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Delay in Resolving Environmental Appeal Before SETENA", "title_es": "Amparo por demora en resolver apelación ambiental ante SETENA", "summary_en": "The Constitutional Chamber hears an amparo action against the Ministry of Environment and Energy (MINAE) for failing to resolve an appeal with ancillary nullification remedy filed on February 12, 2024, against resolution 0196-2024-SETENA, pertaining to the environmental permit of Compañía Agropecuaria Las Brisas S.A. in Upala. The Chamber finds that, since the matter concerns the right to a healthy environment, it exceptionally exercises constitutional review, even though claims of prompt administrative justice normally fall under the administrative-contentious jurisdiction. Having established that more than a year and a half has passed without a decision, it grants the amparo, orders the Minister of Environment to issue a ruling within one month, and condemns the State to pay costs, damages and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326849.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326849", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326849" }, { "id": "nexus-sen-1-0007-1326887", "citation": "Res. 26522-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to potable water and expansion project in Linda Vista", "title_es": "Acceso al agua potable y proyecto de ampliación en Linda Vista", "summary_en": "The Constitutional Chamber granted an amparo filed by residents of La Ganga community in Linda Vista, Siquirres, Limón, against the ASADA of Linda Vista and the Costa Rican Institute of Aqueducts and Sewers (ICAA). The claimants argued lack of potable water supply due to hydraulic and infrastructure incapacity of the over-40-year-old aqueduct. Although a project for improvement and expansion was planned by ICAA and JAPDEVA, it was stalled due to lack of funding and technical resources. The Chamber held that while the ASADA's 2021 denial was justified, the current situation—with a planned project but no concrete actions—violated the fundamental right to water, derived from the rights to health, life, and a healthy environment. It ordered ICAA and the ASADA to immediately implement a remedial plan to provide potable water and to complete the expansion project within eighteen months. Judge Garro Vargas dissented in part regarding enforcement, arguing it should be handled by the contentious-administrative court.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326887.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326887", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326887" }, { "id": "nexus-sen-1-0007-1326890", "citation": "Res. 26525-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to provide prior notice of solid waste tariff adjustment", "title_es": "Falta de notificación previa en ajuste de tarifa de residuos sólidos", "summary_en": "The Constitutional Chamber reviews an amparo action filed by the legal representative of a hotel and restaurant against the Municipality of Nicoya. The claimant alleges that in January 2025 she was charged retroactively for the garbage collection service corresponding to three quarters of 2024, without prior notification of the tariff category change. She also claims she received no response to her requests for legal and technical justification. The Chamber finds that the Municipality carried out a technical weighing that reclassified the premises as a \"Large Generator\" and that, although it subsequently handled the requests, it did not notify the claimant of the tariff adjustment before the retroactive charge nor did it formally communicate the administrative resolution that partially upheld her claim. The amparo is partially granted, solely regarding the lack of prior notification and the failure to communicate the administrative resolution. The Municipality is ordered to take measures to avoid similar situations in the future and to notify the resolution within two days.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326890.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326890", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326890" }, { "id": "nexus-sen-1-0007-1326936", "citation": "Res. 26572-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Abide by Previous Ruling in Environmental Amparo Due to Repeated Claims", "title_es": "Estese a lo resuelto en recurso de amparo ambiental por reiteración de alegatos", "summary_en": "The Constitutional Chamber reviews an amparo appeal filed against the National Commission for Risk Prevention and Emergency Response (CNE) and the Ministry of Environment and Energy (MINAE) for alleged failure to address an environmental complaint concerning illegal alterations to the Carmen Creek in Cóbano. The appellant claimed that his complaint had not been resolved and that no corrective measures had been taken, violating his fundamental rights to a healthy environment and to prompt and complete justice. The Chamber notes that the same appellant had previously filed an identical amparo, resolved by Judgment No. 2025-020547 of July 4, 2025, which declared the appeal without merit after verifying that the authorities had carried out coordinated technical actions and that there was no unjustified delay. Given that the current claims merely reiterate those already examined, the Chamber orders the appellant to abide by the earlier ruling, without reopening the substantive debate. The decision reaffirms that the technical complexity and inter-institutional coordination justified the time taken, and that the appellant’s use of unofficial electronic channels when contacting CNE meant that the filing was not properly lodged through that avenue.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326936.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326936", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326936" }, { "id": "nexus-sen-1-0007-1326959", "citation": "Res. 26598-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo appeal for visual pollution on National Route 160", "title_es": "Amparo por contaminación visual en Ruta Nacional 160", "summary_en": "The Constitutional Chamber dismisses an amparo appeal filed against the Ministry of Public Works and Transport (MOPT) regarding illegal advertising billboards along National Route 160, between Belén and Sámara. The appellant claimed that the MOPT's failure to remove these structures violated the right to a healthy environment, road safety, and health. The Chamber found that after the complaint filed in November 2024, the MOPT carried out two enforcement operations in April and May 2025, seizing over 200 structures. Moreover, the appellant received a response via email on July 7, 2025, prior to notification of the amparo appeal. Therefore, no omission is proven; the appeal is dismissed as the complaint was duly addressed. The case touches on environmental protection from visual contamination, but is resolved mainly on the assessment of the administrative action.", "primary_topic_id": "landscape-protection", "topic_ids": [ "procedural-environmental", "landscape-protection" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326959.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326959", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326959" }, { "id": "nexus-sen-1-0007-1326985", "citation": "Res. 26625-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Violation of the Right to Petition and Access to Environmental Information by the Municipal Council of Liberia", "title_es": "Violación al derecho de petición y acceso a la información ambiental por parte del Concejo Municipal de Liberia", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by Eddy Antonio Álvarez Rivas against the Municipality of Liberia for failing to respond to an information request submitted on July 2, 2025. The petitioner, as President of the Superior Executive Committee of the Liberia Unida Party, had asked the Permanent Environmental Commission of the Municipal Council for details on environmental proposals, projects, budgets, planning, and citizen participation mechanisms. Although the Council scheduled a meeting for August 4, 2025—an invitation the petitioner declined—it was not until August 6 and 8, 2025, that a complete response was provided. The Chamber found a violation of the right to petition and timely response, as well as the right of access to public information, because the administration exceeded the ten-business-day deadline set by Article 32 of the Constitutional Jurisdiction Law and Article 6 of the Petition Right Regulation Law. However, since the information was eventually delivered during the amparo proceedings, the majority of the Chamber granted the amparo solely for the purpose of restoring the right, without awarding costs, damages, or losses, based on Article 52 of the Constitutional Jurisdiction Law. Dissenting votes were issued regarding the award of economic remedies.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1326985.json", "html_url": "/legal/doc/nexus-sen-1-0007-1326985", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1326985" }, { "id": "nexus-sen-1-0007-1327118", "citation": "Res. 26766-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of petition and reasonable deadline for technical consultation to INVU", "title_es": "Derecho de petición y plazo razonable ante consulta técnica al INVU", "summary_en": "The Constitutional Chamber heard an amparo action against the National Institute of Housing and Urbanism (INVU) for failure to timely respond to a query about urban development projects near Parque de la Paz, San José. The petitioner requested information on June 9, 2025, and filed the amparo after receiving no reply. During the proceedings, INVU responded on August 11, 2025, arguing the query required multidisciplinary technical analysis to identify the property, verify ownership, review ongoing projects, and coordinate internally. The majority granted the amparo for violation of the right of petition but without awarding costs, damages, or losses, as the response was provided upon notice of the amparo and no direct economic harm was shown. Separate dissenting votes argued for awarding costs or damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "subdivision-fraccionamiento" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327118.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327118", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327118" }, { "id": "nexus-sen-1-0007-1327259", "citation": "Res. 26911-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of water availability on technical grounds and consented act", "title_es": "Denegatoria de disponibilidad de agua por razones técnicas y acto consentido", "summary_en": "The Constitutional Chamber flatly rejects the amparo action filed against the Municipality of Aserrí. The petitioner claims that water availability for his property was denied due to the lot's elevation and that he was not allowed to challenge that decision. The Chamber reiterates its case law that water service providers may refuse requests when technical or legal reasons exist, without this amounting to a violation of fundamental rights. Additionally, regarding the inability to appeal, the Chamber finds that more than two months passed since the petitioner became aware of the contested action, thus constituting a consented act under Article 35 of the Constitutional Jurisdiction Law. The amparo is therefore inadmissible, without prejudice to the petitioner's ability to raise his grievances through ordinary administrative or judicial channels.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327259.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327259", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327259" }, { "id": "nexus-sen-1-0007-1327284", "citation": "Res. 26937-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo for blackwater leak", "title_es": "Inadmisibilidad de amparo por fuga de aguas negras", "summary_en": "The Constitutional Chamber flatly rejects an amparo filed by a person who reported a blackwater leak from a neighboring property that affects his health and quality of life. The petitioner alleged that the Ministry of Health failed to carry out the inspection mandated by sanitary protocol within the maximum three-day period, even though more than a month had passed. The Chamber holds that, as to the neighbor — a private-law subject — the requirements of Article 57 of the Constitutional Jurisdiction Law are not met, since the neighbor does not hold a position of power that would prevent resorting to other remedies. Regarding the Ministry of Health, it finds the claim premature: the reasonable two-month period for addressing environmental complaints had not expired at the time of filing. Justice Rueda Leal dissents, arguing that the two-month period yields to imminent threats to health, and would have granted the amparo to gather further evidence.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327284.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327284", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327284" }, { "id": "nexus-sen-1-0007-1327325", "citation": "Res. 26982-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of post-amparo motion in excessive noise case", "title_es": "Rechazo de gestión posterior al amparo por ruido excesivo", "summary_en": "The Constitutional Chamber resolves a post-ruling motion filed by the petitioner in a previously granted amparo against the Ministry of Health for delayed notification of results of a complaint regarding excessive noise and river pollution by HC Recycle. The original ruling found that the Ministry took over seven months to inform the petitioner that sound measurements showed nighttime noise exceeded the 40 dB limit, violating Article 41 of the Constitution. The petitioner's subsequent motion, expressing dissatisfaction with the Ministry's actions after the ruling, is denied, as the Chamber considers that the issues raised were already fully and contextually addressed in the prior decision, which contains no obscure or confusing points. The petitioner is advised that he may pursue claims before the respondent entities or through the appropriate jurisdictional channels.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327325.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327325", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327325" }, { "id": "nexus-sen-1-0007-1327471", "citation": "Res. 27133-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed for failure to comply with preliminary order", "title_es": "Rechazo de amparo por falta de cumplimiento de prevención", "summary_en": "The Constitutional Chamber resolves an amparo filed against the Municipality of Nandayure for failing to respond to a request for a certified copy of the construction permit file for a gas station and a complaint about the illegality of such construction. The petitioner argues that there has been no response since July 10, 2025. The Chamber ordered the petitioner to provide a complete, legible copy with proof of receipt or email submission of the petition filed. The order was notified on August 13, 2025, and compliance was due within three days. Upon reviewing the electronic file on August 21, it was confirmed that no document was submitted to comply with the order. Therefore, based on Article 42 of the Constitutional Jurisdiction Law, the Chamber dismisses the amparo outright for failure to meet the procedural requirement. The case involves a gas station in Pueblo Nuevo de Bejuco, Nandayure, which the petitioner claims lacks a valid environmental viability permit, but the Chamber does not address the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327471.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327471", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327471" }, { "id": "nexus-sen-1-0007-1327501", "citation": "Res. 27164-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissal regarding water leak against AyA", "title_es": "Rechazo de amparo por fuga de agua contra AyA", "summary_en": "The Constitutional Chamber dismisses outright an amparo petition filed against the Costa Rican Institute of Aqueducts and Sewers (AyA) concerning a drinking water leak on a public road in central Limón. The petitioner claimed the leak had persisted for over two years despite multiple reports, causing road deterioration, risks to pedestrians and vehicles, and water waste with environmental and health impacts. However, the Chamber does not examine the merits, as the petitioner failed to sign the initial filing and did not comply with the order to correct that defect within three days. The ruling relies on Article 42 of the Constitutional Jurisdiction Law, which permits outright dismissal when defects are not timely remedied. Thus, the amparo is rejected without any decision on the alleged violation of fundamental rights, noting the petitioner's failure to ratify the appeal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327501.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327501", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327501" }, { "id": "nexus-sen-1-0007-1327534", "citation": "Res. 27198-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against Executive Decree 44974-S", "title_es": "Improcedencia de amparo contra Decreto Ejecutivo 44974-S", "summary_en": "The Constitutional Chamber flatly rejects the amparo action filed on behalf of the Municipality of Heredia against the Ministry of Health, deeming it manifestly inadmissible. The petitioner challenged Executive Decree 44974-S, arguing that it would hinder proper solid waste disposal and cause environmental and health impacts in the canton. The Chamber bases its decision on Article 30(a) of the Constitutional Jurisdiction Law, which excludes amparo actions against regulatory provisions, except under circumstances not met in this case. It further notes that the alleged environmental harm stems from mere speculation without certainty, thus no violation of Article 50 of the Constitution can be confirmed. Consequently, the action is rejected without a merits review.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "26/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327534.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327534", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327534" }, { "id": "nexus-sen-1-0007-1327549", "citation": "Res. 27214-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo inadmissible on citizen dialogue in Papagayo Project", "title_es": "Amparo inadmisible sobre diálogo ciudadano en Proyecto Papagayo", "summary_en": "The Constitutional Chamber flatly dismisses an amparo petition filed by a resident of Carrillo against the municipalities of Carrillo and Liberia, requesting that the municipalities be ordered to promote dialogue and citizen participation concerning the Papagayo Tourism Project. The petitioner argued that the lack of dialogue violated rights such as the right to petition, to work, to due process, and to a healthy environment. The Chamber bases its decision on the fact that the petition was filed in the abstract and generically, without describing a specific, individual situation implying a direct threat to his fundamental rights. It notes that amparo is not the proper avenue to abstractly review the constitutionality or legality of public actions, nor for the court to assume administrative powers, such as deciding on the advisability of dialogue or citizen participation. Consequently, it declares the petition inadmissible and indicates that the petitioner must seek the appropriate legal channels.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327549.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327549", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327549" }, { "id": "nexus-sen-1-0007-1327608", "citation": "Res. 27282-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Amparo against Environmental Tribunal for Excessive Delay", "title_es": "Amparo ambiental contra TAA por demora excesiva", "summary_en": "The Constitutional Chamber ruled on a disobedience complaint filed by a neighbor who alleged that the Environmental Administrative Tribunal (TAA) had failed to resolve an environmental complaint against the RIU hotel complex, regarding wetland destruction and impacts on beach, biodiversity and watercourses. In 2022, the Chamber had already ordered the TAA to resolve the case within one month, which was reiterated in 2023 due to non-compliance. Now, the Chamber grants the new disobedience complaint, finding that subsequent delays — suspensions due to lack of quorum, requests for additional evidence, and other procedures — do not excuse non-compliance. The Chamber stresses that the TAA’s internal deficiencies cannot be imposed on the petitioner and reiterates the order to resolve the administrative procedure, warning that failure to comply may lead to the referral of records to the Public Prosecutor for possible disobedience crime.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "27/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327608.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327608", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327608" }, { "id": "nexus-sen-1-0007-1327714", "citation": "Res. 14025-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must protect Ipís River setback zone", "title_es": "Municipalidad debe tutelar zona de protección del río Ipís", "summary_en": "The Constitutional Chamber heard an amparo filed by an environmental association against the Municipality of Vásquez de Coronado for the alleged invasion of the protection area of the Ipís River and the lack of response to a complaint. The municipality argued that the buildings near the river predate the Forestry Law No. 7575 (1996) and, therefore, its restrictions could not be applied retroactively. The Chamber, by majority vote, granted the appeal regarding the violation of the right to a healthy environment. It held that the protection of water bodies does not originate with the 1996 Forestry Law, but already existed in earlier legislation (Ley de Tierras y Colonización, Forestry Law of 1969 and its reform). It also criticized the absence of a technical study on the environmental impact of the constructions. Consequently, it annulled the municipal ruling and ordered the exercise of its powers to effectively protect the Ipís River setback zone. Regarding the lack of timely response, the appeal was granted without awarding costs, except for dissenting votes.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327714.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327714", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327714" }, { "id": "nexus-sen-1-0007-1327719", "citation": "Res. 19272-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal duty to protect the Río Ipís — annulment of office rejecting action", "title_es": "Deber municipal de proteger el río Ipís — anulación de oficio que rechazaba actuar", "summary_en": "The Constitutional Chamber partially grants an amparo action against the Municipality of Vázquez de Coronado for failing to respond to a complaint about constructions allegedly located within the protection zone of the Río Ipís. The municipality had replied that the structures predated the 1996 Forestry Law and therefore could not be subject to retroactive restrictions. The majority annuls that office and orders the municipality to exercise its powers to effectively protect the river's protection area, coordinating with other authorities under applicable environmental regulations. The Chamber reasons that protection of water bodies does not originate with the 1996 law but has clear regulatory antecedents since 1961, and the municipality cannot abdicate its powers without a technical study demonstrating that the constructions do not harm the water resource. The lack of timely response is also deemed a violation, applying Article 52 of the Constitutional Jurisdiction Law without awarding costs. Two dissenting votes are recorded: one insisting on the award of costs, and another arguing the matter is purely one of legality and should have been rejected.", "primary_topic_id": null, "topic_ids": [], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327719.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327719", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327719" }, { "id": "nexus-sen-1-0007-1327720", "citation": "Res. 19486-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against galvanized sheet labeling rules inadmissible for repetition and technical debate", "title_es": "Amparo contra etiquetado de láminas galvanizadas inadmisible por reiteración y debate técnico", "summary_en": "The Constitutional Chamber flatly rejects an amparo appeal against Executive Decree 44102-MEIC, which establishes labeling requirements for galvanized steel roofing sheets. The petitioner, president of an affected company, alleged violations of rights to information, free trade, and consumer protection, arguing lack of transparency in the public consultation process, domination by private interests in drafting the technical standards, and misleading labeling. The Chamber finds the appeal inadmissible because it was previously filed and rejected (case 25-001085-0007-CO), and because the core dispute over the technical specifications of the labeling constitutes a predominantly technical controversy exceeding the summary nature of constitutional amparo. It reiterates that amparo is not a tool for abstract oversight of legal correctness or legality control, and that the petitioner may bring his claims in ordinary courts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327720.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327720", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327720" }, { "id": "nexus-sen-1-0007-1327801", "citation": "Res. 27428-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Tour guide sanctioned for leaving trail in Corcovado National Park fails to prove due process violation", "title_es": "Guía turístico sancionado por salir del sendero en Parque Corcovado no demuestra violación al debido proceso", "summary_en": "The Constitutional Chamber dismisses an amparo filed by a tour guide against SINAC after he was given a seven-day administrative ban from Corcovado National Park for leaving the authorized trail with tourists. The petitioner claimed violation of due process and defense rights, arguing lack of motivation and inability to present evidence. The Chamber relies on its recent precedent (Res. 2025010874) and holds that the measure not only falls within the park authorities' control and police powers but also constitutes the initiating act of the corresponding administrative procedure, thus enabling the interested party to challenge it through ordinary remedies. Since the ban had already expired when the amparo was filed, the court finds that the petitioner should have exercised his rights in a timely manner, as amparo cannot reopen lapsed deadlines. The Chamber also emphasizes that it is not a reviewer of ordinary legality and limits itself to examining alleged fundamental rights violations, denying the appeal.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "29/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1327801.json", "html_url": "/legal/doc/nexus-sen-1-0007-1327801", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1327801" }, { "id": "nexus-sen-1-0007-1329772", "citation": "Res. 25930-2024 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to defense for detained foreigner outside office hours", "title_es": "Derecho de defensa de extranjero aprehendido fuera de horario de oficina", "summary_en": "The Constitutional Chamber dismissed a habeas corpus petition filed on behalf of a Paraguayan national who had been administratively detained by the General Directorate of Immigration (DGME) for irregular stay in the country. The petitioner claimed that he was not allowed to visit the detainee at the Central Region Apprehension Center at 8:15 p.m., which he argued violated the right to a defense, particularly since immigration authorities continue to operate at night and could carry out deportations. The Chamber found that the foreigner had been duly summoned and notified, gave a voluntary statement, and received legal counsel the following day, also gaining access to the administrative file. The denial of immediate access was justified by operational and security constraints, not by arbitrary conduct. The Chamber further held that, under its settled case law, it is not competent to review the substantive grounds for the deportation order or the proportionality of the administrative detention measure, as such matters must be litigated in the ordinary administrative or judicial channels.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0007-1329772.json", "html_url": "/legal/doc/nexus-sen-1-0007-1329772", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1329772" }, { "id": "nexus-sen-1-0007-1330578", "citation": "Res. 92522-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Admission of Unconstitutionality Action Against Decree 45019-S on Drinking Water Quality", "title_es": "Admisión de acción de inconstitucionalidad contra Decreto 45019-S sobre calidad del agua potable", "summary_en": "The Constitutional Chamber admits for study an unconstitutionality action filed by a deputy against Executive Decree No. 45019-S, which amended the Regulation for Drinking Water Quality. The plaintiff challenges the replacement of 'maximum admissible values' with 'alert values' for the determination of pesticides and their metabolites in water for human consumption, arguing that the reform substantially raises the permitted limits, constituting a setback in health and environmental protection, contrary to Articles 21, 46, and 50 of the Constitution and the principles of prevention, precaution, and environmental non-regression. Although the Chamber does not recognize standing based on her status as a deputy, it admits the action because it involves the defense of diffuse interests, such as public health. It orders the publication of a notice in the Judicial Bulletin and grants a hearing to the Attorney General's Office and the Ministry of Health. The decision clarifies that the filing of the action does not suspend the general effectiveness of the decree, but only its application in judicial or administrative proceedings where its application is under discussion, in accordance with Articles 81 and 82 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1330578.json", "html_url": "/legal/doc/nexus-sen-1-0007-1330578", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1330578" }, { "id": "nexus-sen-1-0007-1330591", "citation": "Res. 25307-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality Must Recover Public Domain Lands in Nosara", "title_es": "Municipalidad debe recuperar bienes demaniales en Nosara", "summary_en": "The Constitutional Chamber upheld the amparo against the Municipality of Nicoya for the prolonged failure to define and recover public domain lands—green zones, parks, and roads—within the \"Proyecto Americano\" in Nosara. Although the municipality had been aware since 2021 of technical reports identifying 23 cadastral plans designated as green zones or parks, and despite municipal council agreements ordering action, the administration remained passive for over two years. The court found that this inaction violates both the public interest in public domain property and the right to a healthy environment, particularly because the lands border the Ostional National Wildlife Refuge. It ordered the municipality, within eighteen months, to: 1) technically define the legal status of the properties and update their condition, and 2) file all necessary administrative and judicial actions to protect public and environmental interests. The claim against SINAC was dismissed for lack of proven omission. A dissenting opinion argues that the matter exceeds amparo jurisdiction due to its complexity and should be handled in the administrative contentious court.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1330591.json", "html_url": "/legal/doc/nexus-sen-1-0007-1330591", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1330591" }, { "id": "nexus-sen-1-0007-1330753", "citation": "Res. 27398-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with ruling on landslides and flooding in Dos Ríos", "title_es": "Desobediencia a sentencia sobre deslizamientos e inundaciones en Dos Ríos", "summary_en": "The Constitutional Chamber hears a non-compliance motion filed by the petitioners, who allege failure to comply with the order issued in Judgment No. 2022-10644. That judgment ordered the Municipality of San José to definitively correct the problems of landslides and flooding at a location in the San Francisco de Dos Ríos district, with an extended deadline of January 31, 2025. The Municipality reports under oath on the works carried out: a completed detention tank, and the planning of a gabion wall and a reinforced concrete wall, with construction expected to start in 2026, justifying delays due to administrative and budgetary reasons. After evaluating the report, the Chamber dismisses the non-compliance claim because the authorities have carried out coordination actions and the works are ongoing, with a budget allocated for 2026. The non-compliance motion is denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1330753.json", "html_url": "/legal/doc/nexus-sen-1-0007-1330753", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1330753" }, { "id": "nexus-sen-1-0007-1330780", "citation": "Res. 27448-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of municipal approval for water availability via artesian well", "title_es": "Denegatoria de visado municipal por disponibilidad de agua mediante pozo artesanal", "summary_en": "The Constitutional Chamber dismisses an amparo action against the Municipality of San Carlos, which denied approval of subdivision plans for failing to prove the required water availability. The petitioner argued that the area lacks a municipal aqueduct or ASADA infrastructure, and proposed meeting the requirement with a water concession or artesian well on an adjacent property. The Chamber finds that the dispute turns on an ordinary legality issue—compliance with infra-constitutional requirements under the Subdivision and Development Regulation—and does not amount to a direct violation of fundamental rights, since access to drinking water is not unrestricted and the Administration may deny it on technical or legal grounds. It also finds no harm to the protected person’s rights, as the email inquiries were not clearly made on his behalf. The appeal is therefore dismissed, with the substantive dispute referred to ordinary administrative or judicial channels.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "water-law", "subdivision-fraccionamiento", "procedural-environmental" ], "date": "29/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1330780.json", "html_url": "/legal/doc/nexus-sen-1-0007-1330780", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1330780" }, { "id": "nexus-sen-1-0007-1330792", "citation": "Res. 27464-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on water pipe destruction and SETENA omission", "title_es": "Amparo por corte de tubería de agua y omisión de SETENA", "summary_en": "The Constitutional Chamber reviews an amparo action filed by 14 families against a property owner and SETENA. The petitioners claim they have drawn water for 20 years from a spring on the owner's land, and that on June 19, 2025, the owner, with police support, destroyed the pipes supplying water to their homes, affecting minors and elderly persons. They also assert that on May 30, 2025, they submitted a consultation to SETENA regarding the need for an environmental viability license to pursue a water concession before the Water Directorate, without timely response. The Chamber denies the amparo on both grounds. Regarding SETENA, it finds that by the time the action was filed (June 20, 2025) less than a month had elapsed since the request, so no undue delay occurred, and the response had already been issued. As for the property owner, the Chamber holds that determining the cause and perpetrator of the pipe damage exceeds the summary nature of the amparo, and such matters are already under investigation in ordinary criminal and administrative proceedings. The appeal is dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "29/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1330792.json", "html_url": "/legal/doc/nexus-sen-1-0007-1330792", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1330792" }, { "id": "nexus-sen-1-0007-1330827", "citation": "Res. 27514-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response to accessibility queries regarding RTBF", "title_es": "Amparo por falta de respuesta a consultas de accesibilidad sobre el RTBF", "summary_en": "The Constitutional Chamber hears an amparo filed by an association of persons with disabilities, which requested the Central Bank of Costa Rica (BCCR) and the Ministry of Finance to allow the filing of the Final Beneficiaries Declaration (RTBF) in person or through an accessible alternative mechanism, due to digital accessibility barriers. Although the BCCR transferred the queries to the Ministry of Finance, deeming it the competent authority, neither institution answered the specific questions regarding reasonable accommodations and accessible procedures. After the amparo was filed, both entities issued belated responses, providing information and apologies. The Chamber finds that while the requests for alternative procedures were not covered by the right of petition, the delay in answering the specific queries did violate that right. The appeal is partially granted, exclusively regarding the concrete questions, without imposing costs, damages, or losses, save for dissenting votes on the monetary liability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1330827.json", "html_url": "/legal/doc/nexus-sen-1-0007-1330827", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1330827" }, { "id": "nexus-sen-1-0007-1330935", "citation": "Res. 27654-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Late payment of employment termination benefits upon retirement of former MINAE official", "title_es": "Pago tardío de prestaciones laborales por jubilación de ex funcionario del MINAE", "summary_en": "The Constitutional Chamber hears an amparo action filed by a former official of the Ministry of Environment and Energy (MINAE) against the same entity, for failure to pay his legal termination benefits upon retirement. The petitioner applied for retirement on February 14, 2025, a status recognized by the Costa Rican Social Security Fund on February 21, 2025, but more than five months later, when the amparo was filed, MINAE had not paid the benefits. The respondent reported that administrative and budgetary procedures were underway, with the payment resolution still under review at the Presidential House. The Chamber finds that the elapsed period, exceeding two months, is unreasonable and violates fundamental rights, affecting the petitioner's dignity and livelihood. The amparo is granted, ordering payment within one month and condemning the State to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1330935.json", "html_url": "/legal/doc/nexus-sen-1-0007-1330935", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1330935" }, { "id": "nexus-sen-1-0007-1331217", "citation": "Res. 28058-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Arrest for disobedience in closed construction in Gandoca-Manzanillo without harm to rights", "title_es": "Detención por desobediencia en construcción clausurada en Gandoca-Manzanillo sin lesión a derechos", "summary_en": "The Constitutional Chamber denied a habeas corpus petition against SINAC and the Public Security Ministry for the arrest of a property owner at a construction site within the 188-hectare Gandoca-Manzanillo Wildlife Refuge. The facts showed the property lay inside the protected area under court-ordered moratorium on permits; the construction exceeded the authorized area by 562 m², leading to a municipal closure and an SINAC administrative measure. When works resumed, the environmental prosecutor ordered the arrest for disobedience. The Chamber confirmed that entry onto the property was lawful under Article 54 of the Forestry Law, the arrest followed the prosecutor's direction, occurred in an open area, and the detainee's rights were observed: his rights were read twice, and he was allowed a phone call. The detainee was released within six hours, so the Chamber found no violation of fundamental rights.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "02/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1331217.json", "html_url": "/legal/doc/nexus-sen-1-0007-1331217", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1331217" }, { "id": "nexus-sen-1-0007-1331227", "citation": "Res. 28387-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sanitary order for non-compliance with accessibility at a school for a student with a disability", "title_es": "Orden sanitaria por incumplimiento de accesibilidad en escuela para estudiante con discapacidad", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a mother on behalf of her minor son, who has a motor disability (he lacks legs) and attends the Julio Peña Morúa school. The petitioner alleged that the school lacked adequate sanitary facilities as required by Law 7600, preventing the child from using restrooms during school hours, and that there were also serious structural deficiencies. The Chamber established that since May 23, 2019, the Ministry of Health had issued a sanitary order identifying multiple failures (inaccessible restrooms, cracks, exposed electrical system, poor wastewater management) and set a six-month deadline for correction, which had not been met over six years later. The Chamber held that the prolonged omission by the Ministry of Public Education violated the fundamental rights to inclusive education, health, and safety of students and staff. It therefore granted the amparo and ordered the MEP to fully comply with the sanitary order within six months, ensure the safe continuation of classes, and immediately adopt a provisional measure so that at least one restroom is accessible for persons with disabilities during the works.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1331227.json", "html_url": "/legal/doc/nexus-sen-1-0007-1331227", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1331227" }, { "id": "nexus-sen-1-0007-1331249", "citation": "Res. 20621-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed as water-quality complaint was addressed extra-procedurally", "title_es": "Improcedencia de amparo por denuncia de agua no potable atendida extraprocesalmente", "summary_en": "The Constitutional Chamber dismisses an amparo action against the Ministry of Health concerning an alleged lack of response to a citizen complaint about the quality and continuity of the potable water service in Esterillos Oeste. The petitioner claimed that his submissions made in April 2025 had gone unanswered, violating his right to prompt administrative justice. The Chamber finds that, although the petitioner did not use the Ministry’s official forms, his complaint was forwarded to the Parrita Health Governing Area and a series of email exchanges provided information and notified him of actions taken before the amparo was even served. It rules that his inquiries were addressed in a timely and proper manner, thus no violation occurred. The decision includes a note by Justice Castillo Víquez on the administrative-court jurisdiction and a dissent by Justice Rueda Leal, who would have expanded the proceedings by requesting a report from ARESEP. The amparo is therefore denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1331249.json", "html_url": "/legal/doc/nexus-sen-1-0007-1331249", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1331249" }, { "id": "nexus-sen-1-0007-1331449", "citation": "Res. 06916-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental deregulation of telecommunications pole installation", "title_es": "Instalación desregularizada ambientalmente de postes de telecomunicaciones", "summary_en": "The Constitutional Chamber reviews a constitutional challenge against Executive Decree No. 40075 and SETENA's Agreement ACP-30-2017, which exclude telecommunications poles from the environmental impact assessment requirement, keeping it only for towers. The plaintiff alleges violation of the principles of non-regression, precaution, progressivity, objectification, and the right to a healthy environment. The Chamber holds that SETENA has legal competence to define, based on technical studies of environmental significance, which infrastructure requires environmental viability, and that the technical distinction between poles and towers is well-founded. It concludes there was no unconstitutional deregulation, as the measure responds to the low significance of pole impacts and confirms SETENA's competences, thus dismissing the action.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "05/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1331449.json", "html_url": "/legal/doc/nexus-sen-1-0007-1331449", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1331449" }, { "id": "nexus-sen-1-0007-1332451", "citation": "Res. 29170-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility for lack of grounding in unconstitutionality action against APM Terminals in Moín", "title_es": "Inadmisibilidad por falta de fundamentación de la acción de inconstitucionalidad contra la Terminal APM Terminals en Moín", "summary_en": "The Constitutional Chamber flatly rejects an unconstitutionality action filed by an attorney against the omission of prior consultation and the administrative acts that allowed the construction and operation of the APM Terminals Container Terminal in Moín, Limón. The petitioner alleged violation of ILO Convention 169, Articles 7 and 50 of the Political Constitution, and the right to a healthy environment, because indigenous and tribal communities were not consulted. However, the Chamber found the action inadmissible on two grounds: the petitioner failed to provide the Costa Rican Bar Association stamp and did not properly identify or argue against the challenged acts, merely referring to them generically without contrasting their content with constitutional provisions. The majority held that the lack of precise specification of the action's object and the insufficient legal reasoning precluded a substantive ruling, thus flatly rejecting it under Article 9 of the Constitutional Jurisdiction Act. Two judges dissented, arguing that the petitioner should have been given a chance to remedy the deficiencies.", "primary_topic_id": null, "topic_ids": [ "indigenous-law-6172" ], "date": "10/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1332451.json", "html_url": "/legal/doc/nexus-sen-1-0007-1332451", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1332451" }, { "id": "nexus-sen-1-0007-1332453", "citation": "Res. 29132-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality claim for environmental omission in Torre de la Esperanza", "title_es": "Rechazo de inconstitucionalidad por omisión ambiental en Torre de la Esperanza", "summary_en": "The Constitutional Chamber summarily dismissed a claim of unconstitutionality filed against alleged administrative omissions in the 'Critical Care Tower – Tower of Hope' project at the National Children's Hospital. The plaintiff argued that the lack of environmental, geotechnical, and hydrogeological studies violated the right to a healthy environment, the precautionary principle, and other constitutional principles. However, the Chamber found that the claim did not meet the requirements for an unconstitutionality by omission, since the alleged omissions were factual and technical in nature, not the failure to comply with an express mandate of the Political Constitution by the legislator. The court reiterated that the unconstitutionality by omission only applies when there is a duty directly imposed by the Constitution that has been disregarded. Judge Rueda Leal issued a concurring opinion, noting the need to clarify the contours of this legal figure, but agreed on the dismissal. The ruling does not address the merits of the alleged environmental omissions, limiting itself to an admissibility analysis.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "10/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1332453.json", "html_url": "/legal/doc/nexus-sen-1-0007-1332453", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1332453" }, { "id": "nexus-sen-1-0007-1332456", "citation": "Res. 29125-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Standing to challenge Decree 25902-MIVAH-MP-MINAE via unconstitutionality action", "title_es": "Legitimación para impugnar el Decreto 25902-MIVAH-MP-MINAE mediante acción de inconstitucionalidad", "summary_en": "The Constitutional Chamber flatly rejects an unconstitutionality action against Executive Decree 25902-MIVAH-MP-MINAE, which establishes urban control areas and protection zones in the Greater Metropolitan Area. The petitioner argued the decree is void for lack of technical studies, violation of the principle of legislative reservation, and inequality, affecting 49 districts and limiting private property without basis. He invoked personal interest (his property might be inside or outside the Urban Containment Ring depending on interpretations) and also diffuse interest. The Chamber finds no standing: the alleged diffuse interest essentially seeks to protect property rights against the environment, which does not qualify under the jurisprudentially recognized category of diffuse interests; additionally, personal interest requires a pending base matter—a judicial or administrative proceeding where the decree's application is contested—which does not exist. The lack of authentication and the omitted bar association stamp are deemed unnecessary to prevent given the lack of standing. Two judges dissent, considering the rejection premature without notifying the petitioner to cure defects.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1332456.json", "html_url": "/legal/doc/nexus-sen-1-0007-1332456", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1332456" }, { "id": "nexus-sen-1-0007-1332467", "citation": "Res. 29178-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "INDER Must Submit Water System Plans for La América Settlement Within Six Months", "title_es": "INDER debe presentar planos para acueducto en Asentamiento La América en seis meses", "summary_en": "The Constitutional Chamber partially granted an amparo filed by residents of the La América Settlement in Dos Ríos de Upala, solely against the Rural Development Institute (INDER). The plaintiffs claimed that since receiving parcels around 2015, they have lacked potable water service, affecting their health and hygiene. The Chamber found that INDER, although it started a project in 2019 to expand the hydraulic infrastructure of the Rincón de la Vieja ASADA and supply the settlement, has not pursued it diligently. It was determined that the water utility ICAA has no responsibility for the delay, as the necessary technical inputs were provided in 2019 and 2021, but INDER failed to submit updated plans. The Chamber ordered INDER to submit the updated plans within a non‑extendable six‑month period and to complete the project within two years from plan approval. One justice partially dissented, arguing that execution of the ruling should be handled by the contentious‑administrative court.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1332467.json", "html_url": "/legal/doc/nexus-sen-1-0007-1332467", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1332467" }, { "id": "nexus-sen-1-0007-1333596", "citation": "Res. 92524-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Admission of unconstitutionality action against density compensation in Gulf of Papagayo", "title_es": "Admisión de acción de inconstitucionalidad contra compensación de densidad en Golfo de Papagayo", "summary_en": "The Constitutional Chamber admitted for processing a constitutional challenge filed by an individual against Articles 12 and 17 ter, and sections VIII and X of the Sole Annex of the Regulation to the Gulf of Papagayo Tourism Project Law, introduced by Executive Decree 44448-MP-TUR of 2024. The claimant alleges that these provisions, by allowing the compensation of construction density between non-adjacent concession plots under the same ownership, transform the low-density development model into a potentially high-density one, without cumulative impact studies or public consultation. He argues this violates Article 50 of the Constitution (right to a healthy and ecologically balanced environment), the principles of non-regression, precaution, and environmental proportionality, as well as various international treaties. The Chamber granted hearings to the Attorney General's Office, the Minister of the Presidency, and the ICT President, ordered publication of notices, and stayed the issuance of final rulings in proceedings where the application of these norms is discussed, without suspending their general validity. This ruling does not decide the merits of the unconstitutionality claim, merely granting it standing for review.", "primary_topic_id": null, "topic_ids": [], "date": "18/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1333596.json", "html_url": "/legal/doc/nexus-sen-1-0007-1333596", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1333596" }, { "id": "nexus-sen-1-0007-1333606", "citation": "Res. 18696-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Law 9635 Does Not Violate Municipal Autonomy on Salary Matters", "title_es": "Ley 9635 no vulnera autonomía municipal en materia salarial", "summary_en": "The Constitutional Chamber rejects an unconstitutionality action filed by the mayor of Alajuela and numerous municipal coadjuvants against the inclusion of municipalities in the general public employment regime established by the Public Finance Strengthening Law No. 9635. The plaintiffs argued that applying Title III of the law to local governments violated municipal autonomy guaranteed by Articles 169, 170 and 175 of the Constitution. The Chamber holds that second-degree municipal autonomy pertains exclusively to local interests and services and does not constitute an absolute barrier for the Legislature, exercising its power and in accordance with Article 191 of the Constitution, to enact a law standardizing public employment across the entire public sector. It establishes that the existence of general rules on compensation and performance does not hollow out municipal autonomy, as it does not prevent municipalities from setting their goals and objectives, and rather enhances the fundamental right to equal pay for equal work. The action is dismissed, confirming that the mere inclusion of municipalities in a general public employment framework does not violate their autonomy.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1333606.json", "html_url": "/legal/doc/nexus-sen-1-0007-1333606", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1333606" }, { "id": "nexus-sen-1-0007-1333871", "citation": "Res. 09099-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for water discharge into a natural easement without notification of health complaint closure", "title_es": "Amparo por vertido de aguas en servidumbre natural sin notificación del cierre de denuncia sanitaria", "summary_en": "The Constitutional Chamber hears an amparo filed by a property owner against the Municipality of Santa Ana and the Ministry of Health. The petitioner claims that two adjacent condominiums discharge water, allegedly sewage and contaminated, through a natural easement onto his property, causing erosion and foul odors. He argued that the municipality has issued favorable rulings since 2008 to stop the discharges, but they have not been enforced, and the Ministry of Health has not completed sodium fluorescein tracer tests or issued the corresponding report. In its report, the municipality demonstrates having initiated proceedings to recover municipal land occupied by the easement and to eliminate unauthorized connections, having condemned pipes and responded to complaints. The Ministry of Health details over twenty inspections with dye tests, all with negative results for wastewater, leading to the closure of the complaint; however, there is no record that it communicated this decision to the petitioner. The Chamber finds the municipality's actions were lawful, but identifies a violation of fundamental rights by the Ministry of Health in failing to notify the closure of the complaint and the reasons, leaving the petitioner in a state of defenselessness. It partially grants the amparo, ordering within ten days to address the complaint and communicate the decision. The State is ordered to pay costs, damages, and losses. One justice adds a separate note on the need to weigh other rights such as health and a healthy environment in such matters.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "water-law" ], "date": "25/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1333871.json", "html_url": "/legal/doc/nexus-sen-1-0007-1333871", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1333871" }, { "id": "nexus-sen-1-0007-1333892", "citation": "Res. 29991-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Illegal construction in environmentally protected zone — Municipality must act", "title_es": "Construcción ilegal en zona ambientalmente protegida — Municipalidad debe resolver", "summary_en": "The Constitutional Court granted an amparo filed by neighbors of San Rafael de Heredia against the Municipality, for illegal construction of a shed without permits on a property partially located within the inalienable zone under Law 65 of 1888 and in the area of Decree 25902-MIVAH-MP-MINAE. The construction involved earthworks, vegetation removal, and risks of aquifer contamination. The Municipality conducted multiple inspections, closures, and demolition orders, but the construction continued in defiance and the procedure was nullified due to notification defects, leaving the construction standing for over 10 months. The Court found a violation of fundamental rights and ordered the Municipality to take necessary measures within six months, warning of criminal consequences for non-compliance.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1333892.json", "html_url": "/legal/doc/nexus-sen-1-0007-1333892", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1333892" }, { "id": "nexus-sen-1-0007-1333900", "citation": "Res. 30070-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Scrapyard next to educational center causes pollution and state inaction", "title_es": "Chatarrera contigua a centro educativo genera contaminación e inacción estatal", "summary_en": "The Constitutional Chamber hears an amparo filed by representatives of a language academy against the Ministry of Health and the Municipality of Atenas, regarding a neighboring scrapyard that generated excessive noise, toxic odors, public road obstruction, scrap accumulation, and burning of polluting materials. Through photographic evidence, the Chamber finds that the establishment's activities exceeded its commercial license for spare parts sales, involving vehicle dismantling and hazardous waste management. It determines that both institutions committed serious omissions: the Municipality improperly referred the complaint to the Ministry of Health and MOPT without coordinating actions; the Ministry of Health failed to exercise diligent oversight or carry out necessary noise measurements. The Chamber applies the precautionary principle and duties of inter-institutional coordination, declaring the amparo granted and ordering immediate control measures, removal of contaminants, and adoption of corrective actions to guarantee the right to a healthy environment and health.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1333900.json", "html_url": "/legal/doc/nexus-sen-1-0007-1333900", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1333900" }, { "id": "nexus-sen-1-0007-133559", "citation": "Res. 00332-2000 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Road reordering does not violate due process or freedom of commerce", "title_es": "Reordenamiento vial no viola debido proceso ni libertad de comercio", "summary_en": "The Constitutional Chamber rejects an amparo action filed by a car dealership against road reordering measures by the Traffic Engineering Directorate of MOPT. The claimants argued that a change of traffic direction and parking restrictions on adjacent streets in San José harmed their freedom of commerce, due process, equality, and property rights. The Chamber finds that the Road Administration is legally empowered to take such measures, which were part of a widely publicized plan and do not constitute a sanction requiring prior hearing. Evidence shows that customer access was not prevented or hindered, as unrestricted parking areas existed nearby. Thus, the amparo is denied, without prejudice to the claimants' right to seek damages for the lawful functioning of the Administration before the administrative contentious court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/01/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0007-133559.json", "html_url": "/legal/doc/nexus-sen-1-0007-133559", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-133559" }, { "id": "nexus-sen-1-0007-1336123", "citation": "Res. 30743-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Telecom tower installation does not violate health or environment rights", "title_es": "Instalación de torre de telecomunicaciones no vulnera salud ni ambiente sano", "summary_en": "The Constitutional Chamber dismisses on the merits an amparo challenge to the construction of a telecommunications tower in Bajo Cerdas, Acosta. The claimant alleged violations of rights to health, a healthy environment, private property, and citizen participation, as the tower was built 85 meters from a church and 100 meters from a school without prior community consultation. The Chamber reiterates its well-settled precedent: there is no scientific evidence that cell phone towers pose a health or environmental risk, as their emissions are low-power and harmless. Moreover, telecommunications infrastructure is of national public interest, so it does not require a prior public hearing or zoning changes. Whether the permits were properly granted is a legality issue to be resolved through ordinary administrative or contentious-administrative proceedings, not through constitutional amparo. Judges Cruz Castro and Rueda Leal dissent, arguing that the amparo should have been admitted to verify citizen participation.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "23/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1336123.json", "html_url": "/legal/doc/nexus-sen-1-0007-1336123", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1336123" }, { "id": "nexus-sen-1-0007-1336597", "citation": "Res. 30948-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "PTAR El Cacao — institutional responsibility and coordination", "title_es": "PTAR El Cacao — responsabilidad y coordinación institucional", "summary_en": "The Constitutional Chamber reviewed an amparo against the Municipality of Santa Cruz, the Santa Cruz Health Area, and the Costa Rican Institute of Aqueducts and Sewers (ICAA), concerning serious pollution from the wastewater treatment plant (PTAR) of the El Cacao residential project, which for years had operated deficiently, causing overflows of raw sewage, foul odors, and untreated discharges into Quebrada Campero, affecting the health of approximately 600 residents. It was established that the PTAR is privately owned (Banco Improsa), was never transferred to the ICAA, and the developer (Construcciones Modulares) failed to comply with health orders and the sanitation system reception regulations. The Court found all three authorities committed omissions: the Municipality had limited itself to inspections and meetings without forceful action since 2021; the Health Ministry failed to effectively follow up on its orders after referring the case to criminal proceedings; and the ICAA, while not obligated to take over the plant, omitted to collaborate with the other authorities. The amparo was granted for violation of the rights to health and a healthy environment (Articles 21 and 50 of the Constitution), ordering the three authorities to take immediate provisional public health measures and, within a maximum of two months, to coordinate to provide a definitive solution to the proven problem.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1336597.json", "html_url": "/legal/doc/nexus-sen-1-0007-1336597", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1336597" }, { "id": "nexus-sen-1-0007-1336608", "citation": "Res. 30906-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inter-agency coordination to enforce sanitary order on uninhabitable property", "title_es": "Coordinación interinstitucional para ejecutar orden sanitaria de inmueble inhabitable", "summary_en": "The Constitutional Chamber heard an amparo filed by the daughter of an elderly person whose living conditions were affected by leaks, sewage discharges and the dilapidated state of an adjacent property owned by IMAS, allegedly used as an irregular boarding house. The petitioner claimed omissions by the Municipality of Santa Ana, the Ministry of Health and IMAS in addressing the unsanitary and dangerous conditions. The Court found that, despite initial inspections, the Municipality had abstained by labelling the conflict a 'dispute between private individuals' and fearing 'indirect approval' of the boarding house; the Ministry of Health issued a sanitary eviction order due to uninhabitability but failed to ensure its enforcement or the removal of the risk; and IMAS, the registered owner, did not carry out corrective works. The Chamber partially granted the amparo, ordering the three agencies to coordinate and execute within three months the necessary actions to comply with the sanitary order, remedy the damage and eliminate risks to health, a healthy environment and physical integrity, considering this an exception to the rule of remitting to the administrative courts due to the petitioner being an elderly person in a vulnerable situation.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1336608.json", "html_url": "/legal/doc/nexus-sen-1-0007-1336608", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1336608" }, { "id": "nexus-sen-1-0007-1336609", "citation": "Res. 30909-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality Must Address Flooding on Community Road", "title_es": "Municipalidad debe solucionar inundaciones en vía comunal", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by residents of the Jobo de Cartagena community in Santa Cruz, Guanacaste, against the Municipality of Santa Cruz. The petitioners claimed that their access road suffers severe flooding during the rainy season, blocking pedestrian and vehicle transit, and that the Municipality had failed to carry out necessary works despite requests made since 2022. The Chamber determined that, although the Municipality argued that the flat topography and climatic conditions limit drainage solutions and that any intervention requires technical studies, the municipal corporation was negligent in failing to establish a remedial plan to address the situation. The Court recognized that the flooding endangers the physical integrity and freedom of movement of the residents. Consequently, the amparo was granted, and the municipal authorities were ordered to take the necessary measures, execute the corresponding actions, and carry out the works determined by technical criteria, within a twelve-month period, to provide a solution to the reported problem. The Municipality was ordered to pay costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1336609.json", "html_url": "/legal/doc/nexus-sen-1-0007-1336609", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1336609" }, { "id": "nexus-sen-1-0007-1336613", "citation": "Res. 30966-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to file and public information against ASADA denying water service due to water deficit", "title_es": "Acceso al expediente e información pública frente a ASADA que niega servicio de agua por déficit hídrico", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by the owners of two lots in Palmitos de Naranjo against the local ASADA, which had denied them drinking water service. The claimants argued that the denial was discriminatory and unjustified, and that the ASADA had provided only a partial copy of the administrative file, omitting pages containing copies of ID cards and powers of attorney on grounds of confidentiality. They also complained that the ASADA conditioned the delivery of public information (a list of water connections granted between 2020 and 2025) on proving a legitimate interest, since they were neither users nor members of the association. The Chamber found that the denial of water service was supported by technical reasons — a water deficit in the aqueduct and the need for a technical study the claimants had not funded — constituting a material impossibility, not an arbitrary act, and therefore denied the amparo regarding water access. However, it partially granted the appeal concerning access to information: it ordered the ASADA to provide the complete file and the requested list, holding that copies of IDs and powers of attorney are public information and that the condition of being a user or member cannot be required to access data of public interest related to a public service.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1336613.json", "html_url": "/legal/doc/nexus-sen-1-0007-1336613", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1336613" }, { "id": "nexus-sen-1-0007-1336615", "citation": "Res. 30968-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Informal Settlements in Purral de Goicoechea and Environmental Harm", "title_es": "Asentamientos informales en Purral de Goicoechea y daño ambiental", "summary_en": "The Constitutional Chamber grants an amparo action filed by a resident of Guadalupe against IMAS, the Municipality of Goicoechea, SINAC, and the Health Area of Goicoechea. The petitioner reported informal settlements on IMAS-owned land in Purral de Goicoechea that cause insecurity, environmental pollution, and health risks. The Chamber found that the involved institutions had failed to assume their responsibilities in a coordinated and effective manner, prolonging the issue for years. It was proven that since 2017, health-related eviction orders had been issued but never definitively enforced. The court orders the authorities to definitively resolve the situation of the informal settlements within eight months, respecting the rights of affected individuals and protecting the environment. It also orders the immediate adoption of provisional measures to minimize contamination sources. The ruling includes a separate opinion by Judge Salazar Alvarado, stating that although cases concerning public infrastructure generally fall under ordinary jurisdiction, an exception applies when fundamental rights are violated or vulnerable groups are affected.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1336615.json", "html_url": "/legal/doc/nexus-sen-1-0007-1336615", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1336615" }, { "id": "nexus-sen-1-0007-1336617", "citation": "Res. 30992-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must connect water service to social-interest condominium despite lesividad process", "title_es": "Municipalidad debe interconectar agua potable a condominio de interés social pese a proceso de lesividad", "summary_en": "The Constitutional Chamber grants an amparo filed by the Minister of Housing on behalf of 120 families of the La Esperanza Condominium in Naranjo. The Municipality had granted water availability three times (2021, 2022, 2023) for the project, developed through the National Housing Finance System and declared of municipal interest. Based on those authorizations, construction permits were obtained and the 120 units were built. Later, the Municipality refused the definitive interconnection, arguing that new technical studies projected a water deficit by 2034 and that it had initiated a lesividad proceeding to annul the availability permit. The Chamber finds that the Administration violated the principle of legitimate expectations, legal certainty, and the human right to water, as it cannot abruptly change its position after families invested and the project is completed. It orders the Municipality to take the necessary measures within 15 days to provide water service. The court abstains from ruling on the legality of the availability act and the lesividad proceeding, which belong to the contentious-administrative jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1336617.json", "html_url": "/legal/doc/nexus-sen-1-0007-1336617", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1336617" }, { "id": "nexus-sen-1-0007-1336634", "citation": "Res. 21235-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "State advertising and indirect censorship in political satire program", "title_es": "Pauta publicitaria estatal y censura indirecta en programa de sátira política", "summary_en": "The Constitutional Chamber ruled on a writ of amparo filed against the Costa Rican Electricity Institute (ICE) and the Banco Popular y de Desarrollo Comunal for having withdrawn or conditioned their official advertising in the television program 'El Chinamo', specifically in the satirical segment 'El Chinaoke'. The claimants alleged that the state entities, through official press releases, disassociated their brands from the program after it broadcast musical parodies containing social and political criticism, thereby violating freedom of expression and freedom of the press. The court conducted an extensive analysis of freedom of expression, its dual dimension (individual and collective), its structural link with democracy, and the special protection due to satirical expressions in public debate. It concluded that both institutions engaged in indirect censorship by using advertising spending as an economic pressure mechanism to punish critical content, which constitutes an illegitimate restriction prohibited by Article 13(3) of the American Convention on Human Rights. The Court granted the amparo and ordered the defendant entities to refrain in the future from identical or similar acts that harm freedom of expression.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic", "procedural-environmental" ], "date": "08/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1336634.json", "html_url": "/legal/doc/nexus-sen-1-0007-1336634", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1336634" }, { "id": "nexus-sen-1-0007-1336891", "citation": "Res. 20636-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water rationing in Aserrí and prior formal complaint requirement", "title_es": "Racionamiento de agua en Aserrí y deber previo de denuncia formal", "summary_en": "The Constitutional Court hears an amparo filed by a resident of Aserrí against the Municipality of Aserrí. The complainant alleges prolonged drinking water rationing, even during the rainy season, and claims that from May 31 to June 4, 2025, she had no water service without a tanker truck being sent. She also claims the water is not potable. The Court finds no evidence that the complainant had filed a formal complaint with the municipality prior to the amparo, a prerequisite for constitutional jurisdiction. Regarding the specific period without water, it is proven that it was due to a blockage in the main pipe, which was promptly repaired by the municipal water utility, restoring supply with adequate pressure. The amparo is denied, but the mayor is urged to coordinate necessary actions to ensure drinking water supply.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1336891.json", "html_url": "/legal/doc/nexus-sen-1-0007-1336891", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1336891" }, { "id": "nexus-sen-1-0007-1336893", "citation": "Res. 20640-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Municipality of Heredia for floods in Boruca", "title_es": "Amparo contra Municipalidad de Heredia por inundaciones en Boruca", "summary_en": "The Constitutional Chamber dismissed an amparo action against the Municipality of Heredia regarding recurring stormwater flooding in Residencial Boruca, Mercedes Norte. The petitioners alleged that the municipality had failed to carry out works to remedy deficiencies in the storm drain system, despite a 2020 technical report that identified them. The Chamber found that, although shortcomings in the system (insufficient pipe diameters) were acknowledged, the municipality had undertaken partial mitigation works and that further progress was impeded by irregular connections of wastewater from the affected apartments themselves, unlawfully tied into the storm drains. This obstacle, attributable to the property owners, prevented municipal intervention. Additionally, the petitioners did not prove a concrete, current harm to fundamental rights such as health or bodily integrity. The Chamber therefore dismissed the amparo, concluding that no direct injury attributable to the municipal authority was demonstrated.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1336893.json", "html_url": "/legal/doc/nexus-sen-1-0007-1336893", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1336893" }, { "id": "nexus-sen-1-0007-1336982", "citation": "Res. 01262-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Remedy for Water Shortage at ASADA Los Altos de San Rafael", "title_es": "Amparo por déficit hídrico en ASADA Los Altos de San Rafael", "summary_en": "The Constitutional Chamber hears an \"amparo\" (constitutional remedy) filed by several residents of Los Altos de San Rafael in Ciudad Colón against the Costa Rican Institute of Aqueducts and Sewers (AyA) and the local ASADA. The claimants allege that for five years they have been denied new drinking-water connections, despite many having families and minors. The ASADA and AyA acknowledge a material impossibility to grant new service-availability certificates due to a water deficit, and that since January 2021 it has been recommended not to issue new services until additional sources are incorporated. The Chamber partially grants the remedy, orders AyA and the ASADA to coordinate and take measures to incorporate new sources within twelve months and to grant new availabilities respecting the order of application, under penalty of disobedience. It also orders AyA and the ASADA to pay costs, damages, and losses.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "17/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1336982.json", "html_url": "/legal/doc/nexus-sen-1-0007-1336982", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1336982" }, { "id": "nexus-sen-1-0007-1336983", "citation": "Res. 29985-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prior consultation and Afro-descendant ancestral territories in Cahuita and Talamanca", "title_es": "Consulta previa y territorios ancestrales afrodescendientes en Cahuita y Talamanca", "summary_en": "The Constitutional Chamber reviews two consolidated amparo actions filed by Afro-descendant residents of the southern Caribbean coast against the Municipality of Talamanca, the INVU, and the ICT. The petitioners allege violation of ancestral property rights, lack of public policies, failure to carry out prior consultation in the approval of the Cahuita Coastal Regulatory Plan, and failure to respond to an information request. The Chamber analyzes four claims: 1) regarding the absence of public policies and legislative omission, which it dismisses as outside the scope of amparo and because normative progress exists (Decree 43532 and a Tribal Forum); 2) infringement of ancestral property and the Regulatory Plan, which it rejects since the plan is not in force after the public hearing was annulled in decision 2023-31756; 3) violation of the right to consultation and self-determination, which it grants upon finding that no effective consultation was carried out under Article 6 of ILO Convention 169 through the Foro del Pueblo Tribal Afrocostarricense; and 4) tree felling in Gandoca-Manzanillo, which it dismisses as generic allegations already addressed by prior precautionary measures. Finally, it grants the claim regarding the Municipal Council's failure to respond to the information request.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "forestry-law-7575" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1336983.json", "html_url": "/legal/doc/nexus-sen-1-0007-1336983", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1336983" }, { "id": "nexus-sen-1-0007-1337978", "citation": "Res. 31954-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Adjustments to coastal regulatory plans require environmental assessment by SETENA", "title_es": "Ajustes a planes reguladores costeros requieren evaluación ambiental por SETENA", "summary_en": "The Constitutional Chamber partially granted an amparo appeal against the District Municipal Council of Cóbano, ordering it to obtain environmental viability from SETENA for the adjustment and rectification procedures of the coastal regulatory plans of Punta Barrigona and Peñón de Arío. The Chamber relied on its prior ruling 2025003640, which declared unconstitutional articles 13.2.iii), 13.9, and 14.7.1 a) and b) of the Manual for the Preparation of Coastal Regulatory Plans in the Maritime-Terrestrial Zone, which exempted such adjustments and rectifications from environmental assessment. The ruling reiterates that any change to a coastal regulatory plan in the maritime-terrestrial zone, regardless of its classification (adjustment, rectification, or modification), must be submitted to SETENA to incorporate the environmental variable, protecting the right to a healthy and ecologically balanced environment. The court dismissed any liability of SETENA, since the omission was by the local government.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "03/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1337978.json", "html_url": "/legal/doc/nexus-sen-1-0007-1337978", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1337978" }, { "id": "nexus-sen-1-0007-1337980", "citation": "Res. 31963-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal duty to control noisy businesses", "title_es": "Deber municipal de fiscalización de comercios ruidosos", "summary_en": "Neighbors of Sarchí Norte filed an amparo alleging irregular operation of three businesses that function as clandestine bars despite holding only licenses for a mini-supermarket, restaurant and soda shop. They denounce noise pollution, alcohol and drug consumption in public areas, insecurity, and authorities’ failure to take effective action despite repeated complaints since 2015. The Constitutional Chamber found that the Municipality of Sarchí issued warnings and carried out inspections but its response was insufficient and untimely, while the Ministry of Health acted with partial diligence but left regulatory gaps. In contrast, no inaction was proven against the Transit Police or the Public Force. The Chamber granted the amparo against the Municipality and partially granted it against the Health Authority, ordering coordinated execution of pending health orders within three months, and stressed the constitutional duty to prevent harm to a healthy environment and the obligation of inter‑institutional cooperation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "03/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1337980.json", "html_url": "/legal/doc/nexus-sen-1-0007-1337980", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1337980" }, { "id": "nexus-sen-1-0007-1337981", "citation": "Res. 31964-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutional omission due to deficient sewer system and stagnant waters on national route 118", "title_es": "Omisión inconstitucional por alcantarillado deficiente y aguas estancadas en ruta nacional 118", "summary_en": "The Costa Rican Constitutional Chamber addressed a writ of amparo filed by a resident of El Poró, Grecia, against the Ministry of Health and CONAVI (later joined by AyA) due to their failure to resolve a sewer overflow on National Route 118, causing stagnant water, foul odors, dengue risks, respiratory issues, and traffic hazards. The petitioner claimed violations of fundamental rights to a healthy environment and life (articles 21 and 50 of the Constitution), as the authorities had known of the problem since January 2024 but had only taken palliative measures, with no definitive solution. The Chamber found that both the Ministry of Health and CONAVI had committed relevant administrative omissions, acting in a palliative and delayed manner, thereby breaching their constitutional duty to act diligently and effectively in the face of certain risks to public health and road safety. Regarding AyA, the claim was dismissed as it does not operate in the area and there is no sanitary sewer system. The appeal was partially granted, ordering the coordinated completion of necessary works—including gutters and illegal discharges—within six months, with costs against the State and a warning under Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "water-law" ], "date": "03/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1337981.json", "html_url": "/legal/doc/nexus-sen-1-0007-1337981", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1337981" }, { "id": "nexus-sen-1-0007-1338009", "citation": "Res. 32828-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Constitutional Challenge to Recreational Cannabis Prohibition", "title_es": "Inadmisibilidad de acción de inconstitucionalidad contra prohibición del cannabis recreativo", "summary_en": "The Constitutional Chamber flatly dismisses a constitutional challenge brought by a habitual cannabis user against laws that prohibit and penalize cannabis cultivation and other activities for recreational use. The petitioner claimed standing based on the defense of diffuse interests of recreational consumers, arguing that such norms violate fundamental rights like human dignity, free development of personality, and access to justice, and that the incidental route is impracticable. However, the Chamber finds that the petitioner lacks direct standing because the challenged norms are subject to individual application and the existence of a diffuse interest is not proven. The majority holds that the invoked interest is not “diffuse” throughout the community but pertains to the petitioner's individual situation. Precedents rejecting similar actions are reaffirmed, emphasizing that diffuse interests must not be confused with popular action or mere individual claims. Justice Garro Vargas and Justice Rueda Leal write separate concurrences, agreeing with the dismissal but offering nuanced views on the admissibility of diffuse interests in cases of individual impact.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338009.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338009", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338009" }, { "id": "nexus-sen-1-0007-1338014", "citation": "Res. 32838-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional complaint for omission on genocide and ICC dismissed for lack of authentication", "title_es": "Acción de inconstitucionalidad por omisión sobre genocidio y CPI es rechazada por falta de autenticación", "summary_en": "The Constitutional Chamber denied processing of a mixed omission (administrative and legislative) constitutional complaint filed against the Executive Branch and the Legislative Assembly. The claimant alleged serious and systematic omissions in complying with constitutional and international obligations under the Rome Statute and the Genocide Convention, including lack of cooperation mechanisms with the International Criminal Court, failure to criminalize genocide and war crimes, and absence of administrative protocols. However, the Chamber did not address the merits. The Presidency warned the claimant to submit the initial brief duly authenticated by a lawyer, as required by Article 78 of the Constitutional Jurisdiction Law. The claimant failed to comply, so the Chamber applied Article 80 of the same law and denied procedure. The decision is procedural and does not rule on the constitutionality of the alleged omissions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338014.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338014", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338014" }, { "id": "nexus-sen-1-0007-1338016", "citation": "Res. 30158-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to Administrative File of Landfill", "title_es": "Acceso a expediente administrativo de relleno sanitario", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Ministry of Health for denying a lawyer access to the administrative file of the Santa Cruz Environmental Technology Park. The administration refused the request on the grounds that the applicant was not a party or a credentialed lawyer. After the amparo was filed, the authority acknowledged its error and undertook to deliver the information. The Chamber dismisses the appeal as premature because only six days had elapsed since the request, which is not an unreasonable period. However, it warns the authority of its duty to provide an effective response, excluding sensitive data in accordance with the Data Protection Law. The ruling includes a separate opinion by Magistrate Castillo Víquez, who considers it sufficient that the email was not an official channel to dismiss the amparo, without needing to analyze the response.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338016.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338016", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338016" }, { "id": "nexus-sen-1-0007-1338031", "citation": "Res. 27400-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience of environmental amparo due to delay in TAA", "title_es": "Desobediencia de amparo ambiental por dilación en el TAA", "summary_en": "The Constitutional Chamber resolves a disobedience filing brought by the petitioner, who alleges that the Administrative Environmental Tribunal (TAA) has failed to comply with the order issued in amparo judgment No. 2023003737 of 2023. That judgment ordered the TAA to definitively resolve an environmental complaint (file No. 140-20-02TAA) within three months. Although the TAA has taken various actions — opening an ordinary procedure, rescheduling hearings, declaring nullity, and returning to the investigation stage —, as of the date of this resolution a final decision has not been issued. The Chamber grants the disobedience motion, reiterates the order to comply, and warns that failure to do so may result in the initiation of administrative proceedings against the presiding judge and the referral of documents to the Public Prosecutor for the possible commission of the crime of disobedience, pursuant to Articles 53 and 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "29/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338031.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338031", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338031" }, { "id": "nexus-sen-1-0007-1338040", "citation": "Res. 27431-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Delay in resolving noise complaint violates right to prompt justice", "title_es": "Dilación en resolver denuncia por ruido vulnera derecho a justicia pronta", "summary_en": "The Constitutional Chamber reviews an amparo action against the Ministry of Health and the Municipality of Goicoechea regarding a materials laboratory operating in a central residential zone, which neighbors claim generates excessive noise and vibrations. Residents filed complaints starting in October 2024, but as of August 2025, the Health District had not resolved the matter despite several inspections. The Chamber denies the amparo against the Municipality, finding it acted within its authority by forwarding the case and verifying land use compatibility under the Zoning Plan. However, it grants the amparo against the Ministry of Health for violating Article 41 of the Constitution by failing to resolve the complaint within a reasonable time. It orders final resolution within two months and awards costs, damages, and losses against the State.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "29/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338040.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338040", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338040" }, { "id": "nexus-sen-1-0007-1338041", "citation": "Res. 27436-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on waste transfer from GAM to Limón landfill", "title_es": "Amparo por traslado de residuos del GAM al relleno sanitario de Limón", "summary_en": "Two residents filed an amparo against Empresas Berthier EBI de Costa Rica S.A. and the Municipality of Limón, arguing that transferring solid waste from the Greater Metropolitan Area (GAM) to the El Tomatal landfill threatened Limón residents' rights to health and a healthy environment, and endangered the landfill's lifespan. The Constitutional Chamber dismissed the action after verifying that the project has had environmental viability granted by SETENA since 2008 and a current sanitary operating permit from the Ministry of Health. It also confirmed that the Ministry of Health has conducted periodic inspections (monthly since 2024) and issued sanitary orders to correct deficiencies, which the company has progressively complied with, including approval of an intervention plan. At the time of ruling, the Chamber found no grounds for intervention.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "29/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338041.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338041", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338041" }, { "id": "nexus-sen-1-0007-1338136", "citation": "Res. 27984-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Enforcement proceeding: extension for municipality to solve wastewater contamination", "title_es": "Gestión de ejecución: prórroga a municipalidad para solución de contaminación por aguas residuales", "summary_en": "The Constitutional Chamber hears a post-judgment motion stemming from Amparo 2022-017539, which granted protection and ordered the Municipality of Desamparados and the Ministry of Health to coordinate and implement a definitive solution to wastewater contamination on the petitioner's property. In this ruling, the mayor of Desamparados requests a further extension until February 2026, citing the technical, legal, and logistical complexity of the project—including intervention on a national route, requirement for CFIA-registered plans, coordination with MOPT, CONAVI, and AyA, and reliance on dye tests still being conducted by the Ministry of Health. The Chamber reviews the procedural history—including prior extensions and the recent twelve-month extension granted to the Ministry of Health—and finds that the municipality has acted diligently, undertaking substantive rather than merely formal actions. It concludes that the delay is due to external factors and that the request is reasonable and proportionate. Accordingly, the Chamber grants an additional six months to comply with the second operative paragraph of the original judgment, underscoring that inter-institutional coordination is indispensable.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "02/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338136.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338136", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338136" }, { "id": "nexus-sen-1-0007-1338138", "citation": "Res. 27986-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noncompliance with amparo order against the Environmental Administrative Tribunal for delay in resolving file 286-04-03-TAA", "title_es": "Incumplimiento de amparo contra el Tribunal Ambiental Administrativo por demora en resolución de expediente 286-04-03-TAA", "summary_en": "The Constitutional Chamber examines the claim of noncompliance filed by the petitioner regarding judgment 2024-012481, which ordered the Environmental Administrative Tribunal (TAA) to definitively resolve, within three months, the environmental complaint processed under file 286-04-03-TAA. The TAA reported that it issued the final act through resolution 337-2025-TAA on April 9, 2025, upholding the complaint, imposing sanctions and mitigation measures, and subsequently resolved the revocation appeal filed by the sanctioned party, confirming the decision. The Chamber finds that, although there was an initial breach of the deadline—which prompted a prior resolution reiterating the order under criminal warning—the TAA has now issued and served the final decision and processed the appeals. Therefore, no current noncompliance exists, and the claim is dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "02/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338138.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338138", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338138" }, { "id": "nexus-sen-1-0007-1338296", "citation": "Res. 28152-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo on vested acts in land-use change", "title_es": "Inadmisibilidad de amparo sobre intangibilidad de actos propios en cambio de uso de suelo", "summary_en": "The Constitutional Chamber summarily dismissed an amparo action filed against the Municipality of San Rafael de Heredia. The petitioner argued that the modification of an urban land-use certificate, from multi-family residential coverage to single-family, violated the doctrine of vested acts and his fundamental rights. The Chamber held that the dispute over whether the annulment or change of land use infringes acquired rights or consolidated legal situations is a matter of ordinary legality, not suitable for summary amparo proceedings. It cited the precedent set in ruling 2016007723, which states that amparo is not a tool for reviewing the legality of administrative acts, nor for declaring the existence of absolute nullity or the need for a lesividad proceeding. The Chamber thus declared the action inadmissible and directed the petitioner to pursue the matter through ordinary administrative or judicial channels.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338296.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338296", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338296" }, { "id": "nexus-sen-1-0007-1338439", "citation": "Res. 28309-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with judgment on Hatillo aqueduct", "title_es": "Incumplimiento de sentencia sobre acueducto de Hatillo", "summary_en": "The Constitutional Chamber addresses a non-compliance claim filed by a resident of Hatillo de Quepos against the Costa Rican Institute of Aqueducts and Sewers (AyA) and the Hatillo ASADA, alleging failure to comply with Judgment No. 2015017888 of 2015. That judgment ordered a definitive solution within 18 months to the water supply system's infrastructure and contamination problems affecting over 150 families, and, in the interim, to ensure potable water provision. Despite nearly 10 years having passed, the Chamber finds no definitive solution has been implemented: the community still relies on water tankers, and the long-term infrastructure project will not begin construction until 2030. The Chamber therefore grants the non-compliance claim, ordering the current heads of AyA and the ASADA to immediately comply with the 2015 judgment, under penalty of imprisonment or fine.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338439.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338439", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338439" }, { "id": "nexus-sen-1-0007-1338491", "citation": "Res. 28362-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to water does not justify amparo if service exists, even through precarious connections", "title_es": "Derecho al agua no justifica amparo si el servicio existe, aunque sea mediante conexiones precarias", "summary_en": "The Constitutional Chamber denies an amparo action filed by residents of Calle Morera in San Antonio de Alajuela against the Costa Rican Institute of Aqueducts and Sewers (ICAA) and the Municipality. The claimants alleged a violation of the fundamental right to drinking water due to administrative obstacles that since 2014 have prevented the extension of a distribution branch to install meters in front of their homes. The Chamber holds that, although the right to water is fundamental and derived from the rights to life, health, and a healthy environment, in this case there is no proven actual and effective injury. The ICAA demonstrated that the residents already have water service through individual connections from existing meters on the public road (the so-called \"pajas jaladas\" method). Thus, there is no deprivation of the resource. The dispute concerns the legality of administrative actions and the project's technical viability — matters for ordinary channels — not an imminent threat to fundamental rights. The Chamber emphasizes that amparo is not the proper avenue for resolving disagreements over administrative procedures when service is already being provided.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "05/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338491.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338491", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338491" }, { "id": "nexus-sen-1-0007-1338497", "citation": "Res. 28368-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of a Member to Obtain Copies of Minutes and Contracts from a Development Association", "title_es": "Derecho de asociado a obtener copias de actas y contratos de la asociación de desarrollo", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a member of the Asociación de Desarrollo Integral de Los Ángeles de la Fortuna de San Carlos. The petitioner repeatedly requested from the board of directors copies of minutes and contracts concerning the award of a soccer field and the rental of the community hall. The association acknowledged his right to know the content of the minutes, but refused to provide copies, arguing that they were private documents, and only offered him the opportunity to read them during a board meeting. The Chamber held that the requested information is directly related to the petitioner's right of association, specifically his positive freedom of association, as it pertains to the operation of the association itself. Therefore, the refusal to hand over copies constitutes a violation of his fundamental rights. The amparo was granted, and the association was ordered to provide the requested documentation within a maximum of ten days, while safeguarding sensitive or access-restricted data, and was also ordered to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338497.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338497", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338497" }, { "id": "nexus-sen-1-0007-1338539", "citation": "Res. 28419-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "AyA denies water connection for subdivided property with no hydraulic capacity", "title_es": "AyA deniega paja de agua en propiedad fraccionada sin capacidad hídrica", "summary_en": "The Constitutional Chamber hears an amparo filed by a family living in extreme poverty who requested an individual water connection ('paja de agua') for a dwelling in a property located in San Juan de Dios de Desamparados. The Costa Rican Institute of Aqueducts and Sewers (AyA) issued a certificate of non-availability of services, arguing that the property is divided into seventeen rights and accessed by an unregistered easement, violating Article 23 of the Subdivision and Urbanization Regulation (maximum six lots, one dwelling per lot). Furthermore, the ME-A-06-San Juan de Dios system has a hydraulic deficit of -25.2 liters per second, declared a deficit zone under AyA's Regulation. The Chamber finds that the denial is not arbitrary, being based on technical and legal grounds. It holds that whether the connection is proper is a matter of ordinary legality to be argued in administrative or judicial proceedings, not constitutional. The amparo is dismissed, following precedent that the Chamber does not rule on compliance with requirements for public utilities in properties divided into rights.", "primary_topic_id": null, "topic_ids": [ "water-law", "subdivision-fraccionamiento", "procedural-environmental" ], "date": "05/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338539.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338539", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338539" }, { "id": "nexus-sen-1-0007-1338604", "citation": "Res. 28490-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo for stormwater drainage obstruction", "title_es": "Inadmisibilidad de amparo por obstrucción de drenaje pluvial", "summary_en": "The Constitutional Chamber summarily dismisses an amparo action against the Municipality of Alajuela, filed by a resident who alleged that a neighbor's modification of their driveway with stones and cement obstructed stormwater drainage, causing stagnant water, mosquito breeding sites, and dengue infections within her family. The Chamber finds that the Municipality did process the complaint by forwarding it to the National Road Council (CONAVI) because the obstruction lies within the right-of-way of National Route No. 3, which is under state administration. Since the Municipality acted by referring the matter to the competent authority, there is no actionable omission. The Chamber also notes that the petitioner did not report the alleged environmental contamination risk to the Ministry of Health, as she should. The amparo action is therefore rejected outright.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338604.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338604", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338604" }, { "id": "nexus-sen-1-0007-1338828", "citation": "Res. 28724-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Vicarious standing in environmental amparo and rejection of claim on Ministry of Health duties", "title_es": "Legitimación vicaria ambiental y rechazo de amparo sobre deberes del Ministerio de Salud", "summary_en": "A municipal inspector from Desamparados filed an amparo action against the Ministry of Health for failing to apply inspection procedures and provisions of Law 5395 (General Health Law) and Law 8839 (Integrated Waste Management Act), concerning a complaint about improper waste disposal. He requested the application of Articles 275 of Law 5395 and 58 of Law 8839, proper email responses, and addressing the shortage of inspectors. The majority of the Constitutional Chamber summarily rejected the amparo, considering it a matter of ordinary legality not subject to constitutional review. Magistrate Rueda Leal dissented, arguing that in environmental matters, vicarious standing is recognized under Article 105 of the Biodiversity Law, granting popular action, and thus the amparo should have been admitted and processed on the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "biodiversity-law-7788", "_off-topic" ], "date": "05/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338828.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338828", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338828" }, { "id": "nexus-sen-1-0007-1338902", "citation": "Res. 28808-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of compliance motion in environmental amparo on Gandoca-Manzanillo Ramsar Site", "title_es": "Denegatoria de gestión por incumplimiento en amparo ambiental sobre Sitio Ramsar Gandoca-Manzanillo", "summary_en": "The Constitutional Chamber denies a motion of protest and non-compliance filed by a claimant in amparo 24-005929-0007-CO. The claimant alleged that the Director of the Amistad Caribe Conservation Area disobeyed judgment 2024010951-2024, which ordered the updating of the State Natural Heritage certification in the Talamanca Maritime Zone, and denounced construction permits within the Gandoca-Manzanillo Ramsar Site. The Chamber found that the arguments did not directly relate to the operative part of that judgment, since the claimant failed to specify the concrete order breached or the timeline conditions, and requested measures not included in the original ruling, such as OIJ intervention, suspension of permits, and sanctions against INVU, SINAC, and MINAE. The Chamber dismisses the motion without examining the substance of the alleged non-compliance, as it did not conform to what was ordered in the judgment whose enforcement was sought.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution", "property-and-titling" ], "date": "09/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338902.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338902", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338902" }, { "id": "nexus-sen-1-0007-1338907", "citation": "Res. 28813-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Clarification and addition denied in Montezuma park road case", "title_es": "Aclaración y adición rechazadas en caso de calle por parque Montezuma", "summary_en": "The Constitutional Chamber rejects as untimely the request for clarification and addition filed against Judgment No. 2025025664. In the earlier ruling, the Chamber had dismissed an amparo action challenging the construction of a public road adjacent to Montezuma Park by the Cóbano District Municipal Council. The petitioner, appearing personally and as legal representative of a company, argued the project would destroy the park, lacked logic, environmental information had not been shared with the public, and excavation would destabilize sandy soils where a hotel was being built. The Chamber found the area is not classified as forest or protected, that SETENA had issued environmental viability (Resolution 0631-2021-SETENA), and disputes should be raised in ordinary legality proceedings. Regarding alleged land destabilization, the Chamber saw no evidence of constitutional injury and noted the petitioner had not complained to the municipal authority. In this subsequent motion, the petitioner sought clarification on why her personal rights were not addressed, the reasons for finding no evidence of violation, whether the Chamber had changed its interpretation of a 2020 resolution, and why no violation of the right to public participation was found. The Chamber denies the motion as the three‑day deadline under Article 12 of the Constitutional Jurisdiction Law had expired and the original judgment was not incomplete.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "09/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338907.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338907", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338907" }, { "id": "nexus-sen-1-0007-1338951", "citation": "Res. 28859-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed for unmet prevention re DGTCC request", "title_es": "Amparo inadmitido por prevención incumplida sobre solicitud ante DGTCC", "summary_en": "The Constitutional Chamber dismisses outright the amparo action filed against the Ministry of Environment and Energy. The petitioner alleged that the Directorate General for Transport and Fuel Marketing failed to respond to a request for a certified copy of file ES-5-09-04-02 related to the construction of a gas station in Nandayure, and to an accompanying complaint for illegal construction lacking environmental feasibility. However, after the Chamber required the petitioner to remedy evidentiary defects, the petitioner failed to comply within the granted period. As a result, the action is deemed inadmissible pursuant to Article 42 of the Constitutional Jurisdiction Law.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "09/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1338951.json", "html_url": "/legal/doc/nexus-sen-1-0007-1338951", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1338951" }, { "id": "nexus-sen-1-0007-1339142", "citation": "Res. 29061-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Local government standing for environmental amparo", "title_es": "Legitimación de gobierno local para amparo ambiental", "summary_en": "The Constitutional Court declares inadmissible an amparo petition filed by the mayor of Belén against the Ministry of Health. The petitioner sought a response to official communications regarding the application of Executive Decree No. 44974-S, which sets a maximum distance of 80 km for final solid waste disposal, arguing that the lack of response violated the right of petition and public health, and that the retroactive application of the decree affected an already awarded procurement process. The Court, by majority, applies the established doctrine that the Public Administration is not the holder of fundamental rights but of obligations, and therefore a municipality cannot bring an amparo on its own behalf. One judge dissents, considering that the mayor appeared in defense of the residents and on an environmental matter that could affect Article 50 of the Constitution, and thus would have admitted the petition.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "09/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339142.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339142", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339142" }, { "id": "nexus-sen-1-0007-1339241", "citation": "Res. 29174-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Post-Judgment Motion in Environmental Amparo Lacking Procedural Standing", "title_es": "Gestión posterior en amparo ambiental carente de legitimación procesal", "summary_en": "This ruling by the Constitutional Chamber addresses a post-judgment motion filed by a third party not involved in the already concluded environmental amparo proceeding. Invoking a diffuse interest, the moving party sought to extend the effects of the Naranjo canton ruling to the Alajuela canton, specifically regarding the updating of the national water source registry. The Chamber flatly rejects the motion, reaffirming its settled case law that only parties to the proceedings have standing to act after judgment. It argues that third-party intervention must occur before the decision to respect the adversarial principle and constitutional res judicata. The Chamber clarifies that an amparo, even if it may have erga omnes effects, does not enable strangers to the proceedings to benefit from the ruling without having timely participated, and they must pursue their claims through the appropriate channels.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339241.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339241", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339241" }, { "id": "nexus-sen-1-0007-1339251", "citation": "Res. 29185-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo appeal for road paving in San Rafael", "title_es": "Recurso de amparo por asfaltado de caminos en San Rafael", "summary_en": "The Constitutional Chamber dismissed an amparo appeal filed by a resident of San Rafael de San Francisco de Santa Cruz against the Municipality of Santa Cruz. The appellant sought the paving of roads in his community, claiming that dust from gravel roads harmed residents' health, particularly elderly individuals with respiratory illnesses. The Court found that the municipality had timely addressed community requests by forwarding them to technical units for evaluation and had carried out periodic maintenance (ditch cleaning and grading). The decision to pave roads belongs to the municipality based on technical and budgetary criteria, not to the Court. However, the Court did review road passability as part of the right to a healthy environment, concluding that the measures taken were adequate.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339251.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339251", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339251" }, { "id": "nexus-sen-1-0007-1339254", "citation": "Res. 29189-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Resolve Drainage Complaint Causes Pollution", "title_es": "Omisión de resolver denuncia sobre desagües genera contaminación", "summary_en": "The Constitutional Chamber grants an amparo petition filed by a resident of the La Amistad neighborhood in Tacares de Grecia against the INDER and the Municipality of Grecia. Since 2017, the petitioner had complained about the lack of drainage and sewage systems, which caused pollution, pest proliferation, and health impacts. The Chamber finds that, after more than eight years, the authorities had not definitively resolved the complaint or properly informed the petitioner. Only after being notified of the amparo did they conduct an inspection and refer the case to the Ministry of Health, without resolving the substance. The Chamber orders the Mayor of Grecia and the INDER Regional Director to, within two months, carry out the necessary verifications and inter-institutional coordination to definitively solve the problem and formally inform the petitioner. Both institutions are ordered to pay costs, damages, and losses. Magistrate Garro Vargas partially dissents regarding the execution phase of the ruling.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339254.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339254", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339254" }, { "id": "nexus-sen-1-0007-1339263", "citation": "Res. 29201-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of Information on Ramsar Site 783", "title_es": "Negativa de información sobre Sitio Ramsar 783", "summary_en": "The Constitutional Court dismissed an amparo action against SINAC's executive director. The petitioner sought detailed information about Ramsar Site 783, Gandoca-Manzanillo, including administrative files, lists of occupants, constructions, owners, and coordinates. SINAC responded by providing available data, such as a table of coordinates for 756 properties, and explained that it did not possess the requested information (file, owner list, construction data, occupancy dates). The Court held that SINAC did respond to the request, providing what it had and justifying the material impossibility of delivering non-existent information. The petitioner's dissatisfaction with the content of the response does not violate his fundamental right to access public information. The Court also declined to clarify prior rulings or order delimitations, as those issues must be addressed in their respective case files.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339263.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339263", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339263" }, { "id": "nexus-sen-1-0007-1339264", "citation": "Res. 29202-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC Response on Paths in Gandoca-Manzanillo Refuge Does Not Violate Rights", "title_es": "SINAC no vulnera derechos al responder sobre caminos en Refugio Gandoca-Manzanillo", "summary_en": "The Constitutional Chamber dismisses an amparo action against the National System of Conservation Areas (SINAC) regarding the management of the Gandoca-Manzanillo National Wildlife Refuge. The petitioner claimed the administrator gave evasive answers to his inquiries about roads, road maintenance, and subdivisions within the refuge. The Chamber finds that the respondent did reply through official letters. As to points 1 and 2 of the original request, the Chamber notes that they sought not mere information but a legal opinion, which is not protected under constitutional rights of petition. The remainder of the grievance is deemed a mere disagreement with the response, an ordinary legality matter outside the Chamber's jurisdiction. The subsequent brief filed on April 25, 2025, is considered premature since it was filed after the amparo. Lastly, concerning prior rulings, the Chamber directs the petitioner to raise his claims in the original case file.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "wildlife-law-7317" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339264.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339264", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339264" }, { "id": "nexus-sen-1-0007-1339271", "citation": "Res. 29211-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of Time Denied for Prevailing Amparo Claimant", "title_es": "Improcedencia de prórroga solicitada por el amparado tras sentencia estimatoria", "summary_en": "The Constitutional Chamber addresses a procedural motion filed by the claimant in an already-granted amparo action. The amparo had been granted for violation of Article 41 of the Constitution, ordering the Mayor of Puriscal and the Acting Executive Director of SINAC to resolve and serve pending requests and complaints. Now, the claimant requests a five-day extension to review the implications of the judgment and to grant the same extension to the respondent. The Chamber denies the request for lack of procedural standing to seek an extension of the deadline imposed on the obligated party. Only the party ordered to comply may request such an extension. Further, the respondents had already complied. Concerning new allegations of aquifer contamination by chicken waste and new construction, the Chamber states that it cannot substitute for the active administration nor process complaints directly. The claimant must first bring these matters before the competent authorities. A warning is issued regarding the removal of physical documents.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339271.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339271", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339271" }, { "id": "nexus-sen-1-0007-1339279", "citation": "Res. 29220-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo concerning protection of Gandoca-Manzanillo Refuge", "title_es": "Archivo del recurso sobre protección del Refugio Gandoca-Manzanillo", "summary_en": "The Constitutional Chamber orders the archiving of the amparo filed by a citizen against MINAE and SINAC, alleging non-compliance with judgments 12745-2019 and 3959-2024, issuance of Directive 09-2023, and failure to act on environmental damage in the Gandoca-Manzanillo National Wildlife Refuge (Ramsar site 783). The Chamber finds that the alleged facts have already been the subject of precautionary measures and follow-up in case 14-19174-0007-CO, where the unconstitutionality action and non-compliance proceedings are being handled. It therefore considers that the proper avenue for demanding compliance is the original proceeding, not a new amparo. It notes that the complaints against Hotel Almendros y Corales are being processed in criminal proceedings. Judge Rueda Leal dissents, arguing that the amparo should have been processed regarding that hotel.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "procedural-environmental", "_off-topic" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339279.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339279", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339279" }, { "id": "nexus-sen-1-0007-1339283", "citation": "Res. 29225-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure of condominium treatment plant does not violate right to healthy environment", "title_es": "Falla en planta de tratamiento de condominio no vulnera derecho a ambiente sano", "summary_en": "The Constitutional Chamber denies an amparo action filed by a resident of the Condominio Horizontal Residencial con Fincas Filiales Primarias Individualizadas Rincón del Valle (La Valencia) against the Ministry of Health. The petitioner alleged that the condominium administrator had persistently omitted the duty to maintain and repair the wastewater treatment plant (PTAR), causing untreated discharge for nearly six months, bad odors, insect plagues, and physical discomfort to residents. The Chamber finds that the Ministry of Health, after the complaint filed on May 22, 2025, carried out inspections, issued sanitary orders, and within less than two months ensured the PTAR was operating normally. Thus, no violation of the invoked rights is found, as the health authority addressed the environmental problem within a reasonable time and the situation has been resolved.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339283.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339283", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339283" }, { "id": "nexus-sen-1-0007-1339297", "citation": "Res. 29240-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against National Wetlands Program Coordinator for failure to protect Ramsar Site 783", "title_es": "Amparo contra Coordinador del Programa Nacional de Humedales por omisión en protección del Sitio Ramsar 783", "summary_en": "The Constitutional Chamber denies the amparo filed against the Coordinator of the National Wetlands Program of SINAC. The petitioner claimed failure to protect Ramsar Site 783 (Gandoca‑Manzanillo Refuge), requesting confirmation of cadastral overlaps, a list of owners, and legal actions regarding construction permits in wetlands and turtle nesting sites, allegedly enabled by Directive 09‑2023 and Law 9223. The Chamber found that the administration answered the request (forwarding it to ACLAC, which responded), thus no violation of the right of petition occurred. Moreover, the substantive claim –challenging the legality of actions and demanding protective measures– belongs to the administrative‑litigation jurisdiction, not the amparo procedure. The order to enforce judgment 2019‑012745 must be pursued in that judgment’s own case file.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339297.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339297", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339297" }, { "id": "nexus-sen-1-0007-1339310", "citation": "Res. 29253-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against ADI Térraba for requiring endorsement for electric meter in indigenous territory", "title_es": "Amparo contra ADI Térraba por exigir aval para medidor eléctrico en territorio indígena", "summary_en": "The Constitutional Chamber hears an amparo filed by a woman identifying as indigenous of the Brörán people, resident in the Térraba Indigenous Territory, against the Integral Development Association (ADI) of that reserve and the Costa Rican Electricity Institute (ICE). The petitioner claims that, after requesting installation of an electric meter, ICE required an endorsement letter from the ADI, which conditioned its issuance on presenting individual registry documentation for the land. She argues that this requirement is incompatible with indigenous collective property and that she has the endorsement of the Brörán Council of Elders. The ADI denies legitimacy to both the petitioner and the Brörán Council of Elders, pointing out that the occupation of the property is illegal, that there are ongoing judicial and administrative proceedings, and that the land is subject to a payment for environmental services contract. The Chamber dismisses the amparo, holding that the dispute over the endorsement requirement and the legality of the occupation are matters of ordinary legality to be resolved through the competent judicial channels, without evidence of a fundamental rights violation directly attributable to ICE or the ADI.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "procedural-environmental" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339310.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339310", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339310" }, { "id": "nexus-sen-1-0007-1339323", "citation": "Res. 29268-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Visitor booths in prison do not violate right to defense", "title_es": "Locutorios en centro penitenciario no vulneran derecho de defensa", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by a trial attorney against the Ministry of Justice and Peace, alleging that the dilapidated, unsanitary, and noisy conditions of the visiting booths in the maximum-security area (National Center for Specific Care) violated his rights to effective, reserved, confidential, and dignified technical defense. Based on sworn reports from the Director of the National Center for Specific Care and an inspection by the Ministry of Health, the Chamber found that the booths have bulletproof glass, intercom systems, adequate lighting, ventilation, and satisfactory sanitary conditions; no disruptive noise was detected, and a new communication system donated by the bar association had been implemented. Therefore, no fundamental rights violation was proven and the amparo was denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339323.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339323", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339323" }, { "id": "nexus-sen-1-0007-1339325", "citation": "Res. 29270-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality and Health Ministry omission in noise pollution complaint at recreational park", "title_es": "Omisión municipal y del Ministerio de Salud en denuncia por contaminación sónica en parque recreativo", "summary_en": "The Constitutional Court hears an amparo filed by residents of the Jorge Debravo Urbanization in Turrialba, who claim that the operation of the Jorge Debravo Recreational Park, built without neighborhood consultation or usage regulations, generates noise pollution from band rehearsals and other loud activities. The petitioners state they have repeatedly denounced the situation to the Municipality of Turrialba, the Ministry of Health, and the Ministry of Public Security, without obtaining an effective solution. They consider their rights to health, a healthy environment, and tranquility have been violated. The Court finds no violation attributable to the Public Force, as it responded to reports and issued warnings. However, it partially grants the amparo against the Municipality of Turrialba and the Ministry of Health, finding that despite receiving a formal complaint on July 19, 2024, they neither processed nor resolved it, incurring in a joint omission that violates the right to prompt administrative justice, and potentially the right to health and a healthy environment. It orders the definitive resolution of the complaint within one month.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339325.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339325", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339325" }, { "id": "nexus-sen-1-0007-1339331", "citation": "Res. 29276-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for Information on Municipal Rates Met Deadline", "title_es": "Petición de información sobre tasas municipales respetó plazo", "summary_en": "The Constitutional Chamber heard an amparo action against the Municipality of Desamparados for failure to respond to an information request regarding rate increase studies, social impact, agreements with EBI, and truck purchases. The request, received on July 11, 2025, was answered on August 6, 2025, before notification of the amparo. The majority dismissed the action, ruling that the response issued prior to notification did not violate the right to petition. However, Judge Salazar Alvarado's dissenting vote argues that the response was untimely (exceeding the ten working days required by Article 27 of the Constitution and Article 6 of Law 9097), so the amparo should have been granted for indemnification purposes, ordering costs, damages, and prejudice. The final decision is without merit, but includes a dissenting vote awarding indemnity.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339331.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339331", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339331" }, { "id": "nexus-sen-1-0007-1339427", "citation": "Res. 29376-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Construction permit in Quebrada Negritos protection zone without municipal response", "title_es": "Permiso construcción en zona de protección de la Quebrada Negritos sin respuesta de la municipalidad", "summary_en": "The Constitutional Chamber hears an amparo appeal against the Municipality of San José for failing to respond to a request to open an administrative procedure and impose precautionary measures regarding construction permit No. 067-2022-CFIA-920253 for the DI Escalante Verde project. The appellants, district trustees and council members, allege the permit was granted on land affected by the protection zone of the Quebrada Negritos stream and with urban planning benefits lacking normative or technical basis. The municipality reported that internal actions were taken and a response was given, but the Chamber finds the response does not define whether an administrative procedure will be opened or if the requested precautionary measures will be adopted; it merely states a willingness to follow up. This, together with more than two months without a clear decision, constitutes administrative delay violating the fundamental right to prompt and complete justice. The appeal is granted, the mayor is ordered to address the request within one month, and costs are imposed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339427.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339427", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339427" }, { "id": "nexus-sen-1-0007-1339671", "citation": "Res. 29628-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of construction permit not amenable to amparo as a mere legality issue", "title_es": "Suspensión de permiso de construcción no amparable por ser cuestión de mera legalidad", "summary_en": "The Constitutional Chamber flatly rejects an amparo action filed by a corporation and an individual against SINAC and the Municipality of Talamanca. The plaintiffs argued that the authorities suspended their family home construction permit on private property outside the maritime-terrestrial zone, relying on Chamber rulings they claimed were inapplicable. The Chamber holds that the dispute is about whether the plaintiffs meet legal requirements to keep the construction permit, which is a matter of mere legality. Therefore, it is not for the constitutional court to resolve; it must be brought in the ordinary courts. The amparo is rejected outright without addressing the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339671.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339671", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339671" }, { "id": "nexus-sen-1-0007-1339788", "citation": "Res. 29760-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience in chlorothalonil contamination in Cartago", "title_es": "Desobediencia en contaminación por clorotalonil en Cartago", "summary_en": "The Constitutional Chamber grants a disobedience motion against the Ministry of Health, AyA, and the Santa Rosa de Oreamuno ASADA for noncompliance with ruling 2023-013384. That ruling ordered interagency coordination to implement the recommendations of the “Informe Técnico Clorotalonil” and to guarantee drinking water without using contaminated sources. Although Executive Decree 44280 banning chlorothalonil was issued and sanitary orders were imposed, the Chamber finds that contamination persists eighteen months after the deadline, due to deficient oversight. Compliance is reiterated under warning of disobedience.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "16/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339788.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339788", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339788" }, { "id": "nexus-sen-1-0007-1339910", "citation": "Res. 29890-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with ruling on Buenos Aires aqueduct improvements", "title_es": "Incumplimiento de sentencia sobre mejoras al acueducto de Buenos Aires", "summary_en": "The Constitutional Chamber heard a contempt proceeding filed by the petitioner against the Costa Rican Institute of Aqueducts and Sewers (AyA), alleging non-compliance with ruling No. 2024-002484. That ruling had ordered the execution within 12 months of the integrated aqueduct improvement project for Buenos Aires, Puntarenas, and the adoption of immediate measures to guarantee potable water supply while the works were carried out. AyA reported on mitigation actions (installation of tanks) and progress in a second bidding process, after the first was declared unsuccessful. The Chamber found that, despite administrative efforts, the order had not been fully complied with within the established timeframe. Therefore, it reiterated the mandate for immediate compliance, warning that failure to do so would lead to the opening of an administrative proceeding against the responsible officials.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "17/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1339910.json", "html_url": "/legal/doc/nexus-sen-1-0007-1339910", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1339910" }, { "id": "nexus-sen-1-0007-1340012", "citation": "Res. 30007-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for failure to notify ICAA ruling on road supervision", "title_es": "Amparo por falta de notificación de oficio del ICAA sobre supervisión vial", "summary_en": "The Constitutional Chamber heard an amparo filed on behalf of a District Trustee from La Guácima de Alajuela against the Costa Rican Institute of Aqueducts and Sewers (ICAA), the Ministry of Health, and the Municipality of Alajuela, for the alleged failure to address complaints about health risks and road damage caused by the installation of a drinking water pipeline in the Las Vueltas community. The petitioner claimed that the new pipeline was in contact with raw sewage and that the authorities had not adequately responded to her multiple requests. The Chamber verified that the Ministry of Health had addressed the complaint which pertained to a different area (Rincón Herrera) and conducted an inspection in Las Vueltas that ruled out health risks. As for the Municipality of Alajuela, it confirmed that it had responded in detail to the complaints filed by the petitioner via email, despite this not being the official channel, applying a flexible standard given her role as a Trustee. Regarding the ICAA, it was established that it had issued two response letters but failed to prove that one of them (SG-GSP-2025-00531) had been formally notified, which constituted an omission. The Chamber partially granted the amparo, ordering the ICAA to notify that letter within three days and condemning it to pay costs, damages, and losses, while denying the amparo against the Ministry of Health and the Municipality.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340012.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340012", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340012" }, { "id": "nexus-sen-1-0007-1340038", "citation": "Res. 30035-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo Dismissed for Disturbances from Municipal Waste Collection Facility", "title_es": "Improcedencia de amparo por perturbaciones de plantel municipal de recolección de residuos", "summary_en": "A 79-year-old senior filed an amparo action against the Municipality of Heredia and a waste collection company, alleging environmental disturbances from a facility near the Heredia Cemetery: noise from motorcycles, fumes and odors from garbage trucks, and waste transfer in public streets. She claimed violation of the right to a healthy environment and health. The Constitutional Chamber dismissed the amparo, finding no evidence of omission, negligence, or arbitrary conduct. The court determined the property was not a landfill but an equipment storage shed, operations were regular, and the petitioner failed to report the resumption of the problem to the Municipality. Noise and emission levels were not proven disproportionate, and the area is mixed-use. The amparo was denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340038.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340038", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340038" }, { "id": "nexus-sen-1-0007-1340100", "citation": "Res. 30106-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC may refer requesters to online platforms for environmental information", "title_es": "SINAC puede remitir a plataformas electrónicas para acceso a información ambiental", "summary_en": "The Constitutional Chamber dismissed an amparo action against SINAC filed by a citizen who requested detailed information about occupations and permits in the Gandoca-Manzanillo National Wildlife Refuge and Ramsar Site 783. The petitioner claimed that the administration violated his right of access to information by referring him to electronic platforms such as SNIT and SITADA instead of directly providing the requested reports, retrospective photographs, and legal grounds. The Chamber held that SINAC duly responded to both requests (official letters AEL-00282-2025 and AEL-00299-2025) in a timely and well-founded manner: it explained that municipal land-use permit information falls under the Municipality of Talamanca's jurisdiction, that it lacks the capacity for detailed historical studies, and that referring requesters to official platforms is legally supported by Executive Decree 37773 and Law 10554. The court concluded that no fundamental rights were violated, as the petitioner's disagreement with the content of the response does not amount to a breach of the right to petition and access to information. It also noted that environmental complaints require specific, verifiable data, and that the refuge is of mixed character (state and private property).", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340100.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340100", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340100" }, { "id": "nexus-sen-1-0007-1340117", "citation": "Res. 30124-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Consolidation of amparo challenging Papagayo Regulation amendment", "title_es": "Acumulación de amparo sobre modificación al Reglamento Papagayo", "summary_en": "The Constitutional Chamber rules on an amparo filed by a citizen against MINAE, the Ministry of the Presidency, and the Ministry of Tourism, challenging the amendment to the Regulation for the Development and Execution of the Golfo de Papagayo Tourism Project via Executive Decree No. 44448 of January 17, 2024. The petitioner claims the amendment harms diffuse interests and violates Article 50 of the Constitution by allowing land-use changes that could cause irreversible damage to local ecosystems, including mangroves, streams, and biological corridors, and criticizes the lack of public participation and dialogue. The Chamber finds a clear connection between the arguments in this case and those in file 25-025228-0007-CO, where the procedural decision is already being notified. To prevent contradictory rulings, it orders the consolidation of this amparo into that file, where the merits will be decided. This resolution does not address the admissibility or substance of the petitioner's claims.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340117.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340117", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340117" }, { "id": "nexus-sen-1-0007-1340283", "citation": "Res. 30301-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied regarding telecom pole permits and citizen participation", "title_es": "Rechazo de amparo sobre permisos de postes de telecomunicaciones y participación ciudadana", "summary_en": "The petitioner challenged the grant of 96 permits for the installation of telecommunications poles by ten municipalities, alleging violations of the rights to environmental information and citizen participation, as well as to a healthy environment. She argued that the affected communities were neither informed nor allowed to participate, generating visual pollution and unnecessary occupation of public space. The Constitutional Chamber denies the amparo on the merits, reaffirming its well-established jurisprudence: the installation of telecommunications infrastructure is a matter of national public interest and does not require a prior public hearing. It further states that determining whether the permits comply with legality is a matter for the administrative contentious jurisdiction, not the constitutional jurisdiction. The amparo is declared inadmissible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "landscape-protection" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340283.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340283", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340283" }, { "id": "nexus-sen-1-0007-1340384", "citation": "Res. 30407-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo Against Municipality Over Land Use Certificate", "title_es": "Inadmisibilidad de amparo contra municipalidad por certificado de uso de suelo", "summary_en": "The Constitutional Chamber summarily dismissed an amparo action filed by a corporation against the Municipality of San Rafael de Heredia. The petitioner claimed that the municipality disregarded a MINAE resolution (R-555-2024-MINAE) stating that its property was not subject to the restriction of Law LXV of 1888. The municipality, by official letter PU-067-2025, had reiterated the law's validity without considering the specific situation, particularly regarding a land use certificate. The Chamber held that the dispute concerns the legality of administrative acts, a matter outside its constitutional jurisdiction. It does not act as a legality reviewer or substitute for the Administration or ordinary courts. Consequently, the amparo was declared inadmissible, with the appropriate remedy being the administrative or ordinary jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340384.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340384", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340384" }, { "id": "nexus-sen-1-0007-1340439", "citation": "Res. 30464-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Telecommunications tower and failure to file prior complaint", "title_es": "Torre de telecomunicaciones y falta de denuncia previa", "summary_en": "The Constitutional Chamber denies an amparo action filed against the Municipality of Talamanca over the installation of a 45-meter transmission tower in Puerto Viejo, alleging risks to health, the environment, and groundwater. The Chamber reaffirms its settled jurisprudence that there is no scientific evidence that telecommunications towers pose a risk to health or the environment when they comply with applicable technical regulations. Furthermore, the Chamber notes that the plaintiffs did not exhaust prior administrative remedies or file complaints with the competent authorities, seeking instead to use the constitutional jurisdiction as a complaint-processing body, which is not its function. The Chamber stresses that it is not a reviewer of the legality of administrative acts and directs the plaintiffs to ordinary venues to challenge construction permits and regulatory compliance. The amparo is denied as inadmissible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340439.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340439", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340439" }, { "id": "nexus-sen-1-0007-1340450", "citation": "Res. 30477-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo for failure to exhaust administrative remedies in environmental complaint", "title_es": "Inadmisibilidad de amparo por falta de agotamiento de vía administrativa en denuncia ambiental", "summary_en": "The Constitutional Chamber summarily dismissed an amparo action filed against the Municipality of San José regarding a public tender for cleaning and maintenance services at Finca El Maderal, Mata de Plátano. The claimant argued that brush clearing, tree pruning and felling, and chemical application would threaten the environment, particularly due to proximity to the Patalillo Creek and the Río Torres Interurban Biological Corridor. The Chamber held that amparo cannot replace administrative bodies for filing complaints, as the claimant had not submitted any petition to the municipal or other competent authorities. It emphasized that amparo protects fundamental rights against direct violations but does not serve as a generic mechanism to channel petitions or supersede administrative decision-making. The ruling does not address the environmental merits, instead dismissing the case on procedural grounds and advising the claimant to pursue ordinary administrative channels.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340450.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340450", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340450" }, { "id": "nexus-sen-1-0007-1340476", "citation": "Res. 30508-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for administrative delay in environmental viability nullity", "title_es": "Rechazo de amparo por mora administrativa en nulidad de viabilidad ambiental", "summary_en": "The Constitutional Chamber summarily dismisses the amparo filed by the developer of the Bella Flor de Montezuma condominium project against SETENA. The petitioner argued that, after the environmental viability was approved in 2023, a private party requested its nullity and SETENA issued a precautionary measure suspending the viability in November 2024, but almost ten months later had neither resolved the merits nor ordered the opening of proceedings. The Chamber holds that the failure to resolve is not a simple request for information protected by Article 27 of the Constitution, but an ordinary legality issue related to Article 41 (prompt and complete justice). Based on its jurisprudence since 2008, the Chamber refers the petitioner to the administrative contentious jurisdiction, reasoning that the new administrative justice system has speedy mechanisms to protect such situations. Justice Cruz Castro dissents, maintaining that administrative delay harms a fundamental procedural guarantee and should be directly protected by the Constitutional Chamber.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340476.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340476", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340476" }, { "id": "nexus-sen-1-0007-134051", "citation": "Res. 01669-2000 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Corporate officer's strict liability for environmental damage does not require separate procedure", "title_es": "Responsabilidad solidaria del titular de empresa por daño ambiental no requiere procedimiento separado", "summary_en": "The Constitutional Chamber reviews an amparo action against the Administrative Environmental Tribunal (TAA) for imposing joint civil liability on the legal representative of a construction company without a prior individual procedure. The claimant alleged a due process violation. The Chamber held that Article 101 of the Organic Environmental Law establishes strict, joint liability for company owners whose activities cause environmental damage, automatically derived from the company's liability. Since the claimant was both legal representative and owner, participated in all procedural stages, and exercised his defense, his rights were not infringed. The appeal is denied, confirming that the owner's joint liability does not require a separate administrative procedure or proof of personal fault, as it arises from the mere fact of damage caused by the company.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/02/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0007-134051.json", "html_url": "/legal/doc/nexus-sen-1-0007-134051", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-134051" }, { "id": "nexus-sen-1-0007-1340758", "citation": "Res. 30815-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noise Pollution and Judicial Review of Legality", "title_es": "Contaminación acústica y control de legalidad", "summary_en": "The Constitutional Chamber summarily dismisses an amparo action filed against the Ministry of Health concerning the closure of a noise pollution complaint. The petitioner argued that the Health Area Office had closed the case without conducting technical noise measurements as required by the Regulation for Environmental Noise Control (Executive Decree No. 44486-S). The Chamber finds that it is not a reviewer of legality and that the respondent authority did process the complaint; any dissatisfaction with the administrative actions must be raised before that authority or through the appropriate legal channels, not via an amparo action. The ruling confirms that an amparo cannot be used to review whether a complaint was handled correctly under a regulation, as that would entail a legality review beyond its jurisdiction.", "primary_topic_id": "_off-topic", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "23/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340758.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340758", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340758" }, { "id": "nexus-sen-1-0007-1340858", "citation": "Res. 30982-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of amparo against density compensation in Papagayo Gulf Tourist Hub", "title_es": "Suspensión de amparo contra compensación de densidad en Polo Turístico Golfo de Papagayo", "summary_en": "The petitioner challenged Executive Decree No. 44448-MP-TUR in an amparo action, arguing that it introduced a density compensation mechanism in the Papagayo Gulf Tourist Hub that allows concentrated construction without comprehensive environmental assessment, allegedly causing unconstitutional environmental regression. The Constitutional Chamber noted that the same articles and provisions challenged in the amparo were already being contested in a pending unconstitutionality action (case file 25-024408-0007-CO), where the validity of articles 12 and 17 ter, among others, is under review. Pursuant to Article 48 of the Constitutional Jurisdiction Law, the Chamber suspended the ruling in the amparo until the unconstitutionality action is resolved, avoiding contradictory decisions and giving priority to the concentrated constitutional review of general norms.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340858.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340858", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340858" }, { "id": "nexus-sen-1-0007-1340872", "citation": "Res. 31019-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Deputy's information request to municipality sent to unofficial email", "title_es": "Solicitud de información de diputado a municipalidad enviada a correo no oficial", "summary_en": "The Constitutional Chamber hears an amparo action filed by a deputy of the Legislative Assembly against the Municipality of Nicoya. The plaintiff claims that, through a letter sent to two email addresses, he requested information on construction permits, earthmoving permits, land-use certifications, subdivision applications, and public access to Playa Guiones Sur within the Ostional Wildlife Refuge, among other development-related matters. After more than ten business days, the municipality had not responded, which he deemed a violation of his rights. However, the respondent authority reported under oath that the email addresses used were not the official channel for receiving administrative requests. The Chamber concludes that, since the request was not directed to the official communication channel, the municipality cannot be held responsible for failing to respond, and therefore dismisses the amparo.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "wildlife-law-7317", "subdivision-fraccionamiento" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340872.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340872", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340872" }, { "id": "nexus-sen-1-0007-1340892", "citation": "Res. 31073-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Ministry of Health inaction on poultry farm pollution", "title_es": "Amparo por inacción del Ministerio de Salud ante contaminación de granja avícola", "summary_en": "The Constitutional Chamber reviews an amparo filed by neighbors against the Ministry of Health and SENASA for pollution from the Juan Rodríguez Poultry Farm in Santa Bárbara de Heredia. The petitioners claim that since 2010 they have filed multiple complaints about nauseating odors, fly infestations, and poor wastewater management, without effective follow-up from the authorities on the sanitary orders issued. The Chamber finds that although the authorities have conducted inspections and issued sanitary orders, there was a disproportionate and unreasonable delay in handling the complaint of March 3, 2022, as more than three years elapsed without a final resolution. Consequently, it partially grants the amparo and orders the Ministry of Health to resolve that complaint and notify the complainant within one month.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340892.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340892", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340892" }, { "id": "nexus-sen-1-0007-1340896", "citation": "Res. 31083-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to a Healthy Environment in Schools and Janitor Staffing", "title_es": "Derecho a ambiente sano en centros educativos y asignación de conserje", "summary_en": "The Constitutional Chamber reviewed an amparo filed by students of Los Robles School against the Ministry of Public Education. The petitioners alleged that the lack of a full-time janitor and specialized support teachers violated their right to a healthy environment and inclusive education. The Chamber granted the appeal regarding the janitor position, finding that since 2021 the school director had repeatedly requested a permanent post, and only after the amparo was notified did the Ministry offer a partial solution (a second part-time assignment). The Chamber reiterated its precedent linking the right to a healthy and balanced environment (Article 50 of the Constitution) with the provision of education, requiring the State to ensure adequate hygiene and safety. However, the claim for support teachers was dismissed as inadmissible due to lack of concrete harm and prior request. The majority did not award costs, though Justice Salazar dissented, arguing that the law mandates an award even when the authority rectifies after the amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340896.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340896", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340896" }, { "id": "nexus-sen-1-0007-1340924", "citation": "Res. 31140-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sewage leaks and right to health", "title_es": "Filtración de aguas negras y derecho a la salud", "summary_en": "The Constitutional Chamber hears an amparo appeal filed by a citizen who reported a sewage leak from the neighboring property, affecting his home with moisture, foul odors, and health issues. The appellant claimed inaction by the Ministry of Health, to which he filed a sanitary complaint in June 2025 without receiving a timely response. The Chamber verified that the Ministry conducted inspections, issued a technical report, and notified a sanitary order to the defendant, granting 80 working days to fix the wastewater discharge. It concludes that there was no arbitrary or disproportionate inaction violating the appellant's fundamental rights, thus denying the amparo. The ruling includes separate notes from Justices Castillo Víquez and Salazar Alvarado on the Chamber's jurisdiction in matters of prompt administrative justice and environmental issues, respectively.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1340924.json", "html_url": "/legal/doc/nexus-sen-1-0007-1340924", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1340924" }, { "id": "nexus-sen-1-0007-1341149", "citation": "Res. 31663-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas corpus denied over raid and handcuffing in investigation on donation management in Cahuita National Park", "title_es": "Hábeas corpus rechazado por allanamiento y uso de esposas en investigación sobre manejo de donaciones en Parque Nacional Cahuita", "summary_en": "The Constitutional Chamber denies the habeas corpus petition filed by the president of the Cahuita Integral Development Association (ADIC) against the Judiciary and the Office of the Comptroller General. The petitioner alleged violations of his personal liberty and ethnic integrity after a raid on his home and on facilities of Cahuita National Park during a criminal investigation for the alleged embezzlement of public funds derived from visitor donations. The Chamber concludes that the investigation originated from a Comptroller’s report that detected irregularities in resource management, that the search warrant was issued in accordance with the law, and that handcuffing during the procedure was not unlawful. It rejects arguments concerning tribal rights and lack of prior consultation on the grounds that the petitioner had not been formally detained, and that the criminal proceedings were based on facts other than acts inherent to tribal rights.", "primary_topic_id": null, "topic_ids": [ "indigenous-law-6172" ], "date": "30/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1341149.json", "html_url": "/legal/doc/nexus-sen-1-0007-1341149", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1341149" }, { "id": "nexus-sen-1-0007-1341519", "citation": "Res. 25309-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Authorization of state donations to the Obras del Espíritu Santo Association", "title_es": "Autorización de donaciones estatales a la Asociación Obras del Espíritu Santo", "summary_en": "The Constitutional Chamber answers a legislative consultation on a bill authorizing the State and public institutions to collaborate with and make donations to the Obras del Espíritu Santo Association (AOES). The majority of the court finds that Articles 1 and 2 of the bill, which allow support and donations to AOES, do not violate the principle of equality or Article 121(14) of the Constitution, as they create a power, not an obligation, fall within legislative discretion, and must be harmonized with the rest of the legal system. However, the decision includes a dissenting opinion declaring the consultation inadmissible for lack of sufficient reasoning, and a joint dissenting opinion holding that the articles are unconstitutional because they confer a privileged treatment without objective and reasonable justification, to the detriment of other similar social welfare organizations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1341519.json", "html_url": "/legal/doc/nexus-sen-1-0007-1341519", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1341519" }, { "id": "nexus-sen-1-0007-1341712", "citation": "Res. 33901-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal inaction regarding invasion of Río Purral protection zone", "title_es": "Inacción municipal ante invasión de zona de protección del río Purral", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Goicoechea for failing to address illegal constructions in the Río Purral protection zone, first reported in 2022. Although the municipality verified the buildings in October 2022, it delayed requesting SINAC’s inspection by two years; the inspection occurred in February 2025 and the report was delivered in July 2025. Municipal authorities acted only in October 2025, prompted by the amparo, notifying residents to vacate. The Chamber held that the unreasonable delay of over three years without a definitive solution violated the right to a healthy and ecologically balanced environment under Article 50 of the Constitution. The amparo was granted, and the mayor and engineering director were ordered to provide a definitive solution within two months, under penalty of criminal sanctions. The municipality was ordered to pay costs, damages, and losses. Justice Castillo Víquez added a separate note on jurisdiction, and Justice Garro Vargas dissented, arguing that SINAC should have been included as a party.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "17/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1341712.json", "html_url": "/legal/doc/nexus-sen-1-0007-1341712", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1341712" }, { "id": "nexus-sen-1-0007-1341724", "citation": "Res. 33862-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sewage pollution in front of elderly person's home", "title_es": "Contaminación por aguas negras frente a vivienda de adulta mayor", "summary_en": "This amparo action was filed on behalf of an 86-year-old woman from Purral, Goicoechea, who since January 2024 suffered pollution from sewage that pooled in front of her house. She repeatedly sought help from the Municipality of Goicoechea and the Ministry of Health, but the agencies declared themselves incompetent and did not resolve the problem. The Constitutional Chamber found that both entities were aware of the situation since February 2024 and, although they formed an inter-institutional committee, after approximately one year and eight months no effective actions had materialized. The Chamber granted the amparo, ordering the Health Area Director, the Mayor, and the Director of Engineering, Operations and Urban Planning to coordinate and take necessary measures to definitively resolve the sanitary problem within six months. The State and the Municipality were ordered to pay costs, damages, and losses. Justice Garro Vargas partially dissented on the execution phase, stating that due to technical complexity, enforcement should occur before the Administrative Disputes Court.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1341724.json", "html_url": "/legal/doc/nexus-sen-1-0007-1341724", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1341724" }, { "id": "nexus-sen-1-0007-1341747", "citation": "Res. 33751-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of action against waste regionalization regulation", "title_es": "Suspensión de acción contra regionalización de residuos", "summary_en": "The Constitutional Chamber suspends the processing of an unconstitutionality action filed by the Mayor of Belén against several articles of the Regulation for Regionalized Management of Solid and Organic Waste (Executive Decree 44974-S). The action alleges violation of municipal autonomy, non-retroactivity, legitimate expectations, public procurement principles, and lack of technical-scientific studies. The Court notes that a prior action against some of the same articles is already underway (case number 25-017217-0007-CO) and that the present action was filed on September 29, 2025, after the deadline for consolidation. Consequently, under Article 84 of the Constitutional Jurisdiction Law, it must be suspended until the first action is resolved to avoid contradictory rulings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1341747.json", "html_url": "/legal/doc/nexus-sen-1-0007-1341747", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1341747" }, { "id": "nexus-sen-1-0007-1342609", "citation": "Res. 32911-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prohibition of dog entry in children's playground does not violate fundamental rights", "title_es": "Prohibición de ingreso de perros en parque infantil no vulnera derechos fundamentales", "summary_en": "The Constitutional Chamber hears an amparo appeal filed by a person with Parkinson's disease against the Municipality of Heredia for installing a sign prohibiting dogs in Park No. 4-145 of the Privacía Residential Complex, designated as a children's playground. The appellant argues that his dogs provide therapeutic and assistance support, and that the prohibition violates his fundamental rights, including free access for persons with disabilities accompanied by assistance animals under Law 7600. The Chamber finds that the claim regarding the pet ban is a matter of ordinary legality, which should not be discussed in constitutional jurisdiction but rather through administrative or contentious channels. It notes that there are other areas in the urbanization where pets are allowed. However, the amparo is partially granted for violation of the right to timely response, as the municipality failed to address the verbal complaint filed on July 21, 2025. The Chamber orders the requested information to be provided within five days. The rest of the appeal is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1342609.json", "html_url": "/legal/doc/nexus-sen-1-0007-1342609", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1342609" }, { "id": "nexus-sen-1-0007-1342614", "citation": "Res. 34520-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of road and utility intervention due to landslide risk and environmental restrictions", "title_es": "Denegatoria de intervención en camino y servicios por riesgo de deslizamiento y restricciones ambientales", "summary_en": "The Constitutional Chamber rejects on the merits an amparo filed by residents of the Tablazo Viejo area of Desamparados against the Municipality for refusing to intervene in a road and provide public utilities. The decision is based on the road being unclassified, high landslide risk, and the area's significant environmental restrictions, making utility extension a premature urban development incompatible with environmental protection. The Chamber finds the Municipality's reasons objective and dismisses the amparo without addressing the substantive claims.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "21/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1342614.json", "html_url": "/legal/doc/nexus-sen-1-0007-1342614", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1342614" }, { "id": "nexus-sen-1-0007-1343083", "citation": "Res. 34700-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality Must Resolve Environmental Complaint on Stormwater Infrastructure and Spring Protection Within Reasonable Time", "title_es": "Municipalidad debe resolver denuncia ambiental sobre infraestructura pluvial y protección de naciente en plazo razonable", "summary_en": "The Constitutional Chamber reviewed an amparo filed by elderly residents of Finca Flor de Mayo in Alajuela, who had reported to the Municipality of Alajuela since May 2023 the lack of adequate stormwater infrastructure, causing flooding, erosion, damage to flora, fauna and a water spring, as well as foul odors affecting health. The municipality processed the filings as claims regarding stormwater service charges but failed to conduct an inspection or respond to the environmental problem raised. The Chamber found that the more-than-two-year delay in resolving the complaint is disproportionate, violating the right to prompt and complete justice. Exceptionally, because it concerned an environmental complaint and a vulnerable group, the Chamber granted the amparo and ordered the Mayor to take necessary actions within two months to provide a definitive solution to the problem, if applicable, and formally inform the petitioners.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1343083.json", "html_url": "/legal/doc/nexus-sen-1-0007-1343083", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1343083" }, { "id": "nexus-sen-1-0007-1343095", "citation": "Res. 34914-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Demolition in maritime-terrestrial zone without disability assessment violates due process", "title_es": "Demolición en zona marítimo terrestre sin valoración de discapacidad vulnera debido proceso", "summary_en": "The Constitutional Chamber hears the amparo of a 64-year-old man with a physical disability, whose dwelling in the maritime-terrestrial zone of Playa Avellanas was demolished by the Municipality of Santa Cruz. The demolition was carried out on 12 August 2025, one day after the formal eviction order, without granting a period to vacate. The petitioner had lived there with his mother, who died months earlier, and claimed the status of 'poblador'. The court finds that although the maritime-terrestrial zone is public domain and the municipality must recover it, when occupation is for housing, due process requires prior notice and a defense period. These safeguards were omitted. Moreover, the municipality failed to coordinate with the National Council for Persons with Disabilities to assess the petitioner's vulnerability. The Chamber grants the amparo and orders the case to be referred to CONAPDIS for socioeconomic assessment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1343095.json", "html_url": "/legal/doc/nexus-sen-1-0007-1343095", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1343095" }, { "id": "nexus-sen-1-0007-1343118", "citation": "Res. 34699-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Parque de Los Árboles — dismissed for lack of registered complaints", "title_es": "Parque de Los Árboles — abandono por falta de denuncias", "summary_en": "The Constitutional Chamber dismissed the amparo action against the Municipality of San José concerning the 'Parque de Los Árboles'. The claimant alleged abandonment, sick trees, and occupation by homeless persons, violating the right to a healthy environment. The Chamber held no fundamental rights violation was shown because the municipality demonstrated routine lawn-maintenance and, according to its records, no prior complaints from the claimant had been received. A separate note by Justice Salazar Alvarado states that in environmental matters, once the administration has intervened, the proper avenue is the administrative-contentious jurisdiction; however, when rights like health or a healthy environment (Article 50 of the Constitution) are also at stake, the Chamber addresses the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1343118.json", "html_url": "/legal/doc/nexus-sen-1-0007-1343118", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1343118" }, { "id": "nexus-sen-1-0007-1343119", "citation": "Res. 34701-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Pollution of the Poás River by abandoned treatment plant in La Senda housing development", "title_es": "Contaminación del río Poás por planta de tratamiento abandonada en urbanización La Senda", "summary_en": "The Constitutional Chamber partially grants an amparo filed by residents of La Senda housing development in Carrillos Bajo de Poás, Alajuela, against the Ministry of Health, the Municipality of Poás, and the Costa Rican Institute of Aqueducts and Sewerage (AyA). The petitioners claimed that the development's wastewater treatment plant, built approximately 25 years ago, was abandoned and lacked proper maintenance, discharging untreated sewage directly into the Poás River, causing pollution, pest proliferation, foul odors, and ecosystem damage. Despite multiple complaints since 2014, the authorities had not resolved the problem. The Chamber finds that the Ministry of Health issued insufficient sanitary orders and failed to fully exercise its enforcement powers; that the Municipality refused to act, claiming lack of jurisdiction, breaching its duty of environmental coordination and prevention; and that AyA, despite documenting the deterioration since 2021, took no effective action for collection, treatment, and final disposal. The Chamber orders these institutions to take immediate measures to protect residents' health and, within six months, implement a definitive solution to the environmental and public health problem. The claim against SENARA and the Environmental Administrative Tribunal is dismissed as no omissions were attributed to them.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1343119.json", "html_url": "/legal/doc/nexus-sen-1-0007-1343119", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1343119" }, { "id": "nexus-sen-1-0007-1343334", "citation": "Res. 34789-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Pollution from Puntarenas sanitary sewer and state obligation to provide sanitation", "title_es": "Contaminación por alcantarillado sanitario en Puntarenas y obligación estatal de saneamiento", "summary_en": "The Constitutional Chamber heard an amparo against the Costa Rican Institute of Aqueducts and Sewers (ICAA) for pollution from the Puntarenas sanitary sewer, which discharges untreated wastewater into the estuary, harming public health and the environment. The Chamber found that ICAA breached its constitutional duty to protect the right to health (art. 21) and to a healthy environment (art. 50), as despite knowing the problem for over twenty-five years, it postponed a definitive solution until 2047 without effectively coordinating with the Municipality or the Health Area. The amparo was granted, and the Chamber ordered: within six months, immediate measures to prevent health impacts while a definitive solution is implemented; within three years, execute and complete Stage I of the \"Construction of the Puntarenas Sanitary Sewer\" project; and within five years, finish the entire project. The Chamber stressed that lack of resources does not justify state inaction in protecting fundamental rights. A dissenting vote held that the administrative contentious jurisdiction was the proper remedy.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1343334.json", "html_url": "/legal/doc/nexus-sen-1-0007-1343334", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1343334" }, { "id": "nexus-sen-1-0007-1343458", "citation": "Res. 31023-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Overcrowding at CAI Terrazas violates fundamental rights", "title_es": "Hacinamiento en CAI Terrazas vulnera derechos fundamentales", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a person deprived of liberty at the CAI Terrazas prison, alleging extreme overcrowding. An inspection by the Ministry of Health confirmed that Pavilion B2, designed for 52 inmates, held 91, with mattresses on the floor and insufficient bunks and lockers. The Court held that prison overcrowding violated the petitioner's fundamental rights, particularly the right to health and dignified detention conditions. It granted the amparo and ordered the prison director to comply with the sanitary order issued by the Alajuela 2 Health Area, which required submission of a contingency plan to reduce overcrowding within 15 business days. The State was ordered to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1343458.json", "html_url": "/legal/doc/nexus-sen-1-0007-1343458", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1343458" }, { "id": "nexus-sen-1-0007-1343505", "citation": "Res. 31129-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal for failure to comply with procedural order in environmental amparo", "title_es": "Rechazo por incumplimiento de prevención en amparo ambiental", "summary_en": "The Constitutional Chamber dismisses outright an amparo action filed by residents of San Joaquín de Flores against the Municipality of Flores. The petitioners claimed that a transportation company (Trahiza) was operating in a residential zone in violation of the zoning plan, causing noise and environmental pollution, and that the municipality had failed to address their complaints. Before admitting the amparo, the Chamber issued a procedural order requiring the petitioners to clarify whether they had formally raised their request with the respondent authority, attach copies of those requests, and report any prior decisions, under warning of outright dismissal. The order was notified by email on August 29, 2025, but no response was received within the three-day deadline. The Chamber verifies the non-compliance and, based on Article 42 of the Constitutional Jurisdiction Law, dismisses the action without ruling on the merits, for failure to correct the formal defects noted. This is a purely procedural ruling that does not address the environmental issues raised.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1343505.json", "html_url": "/legal/doc/nexus-sen-1-0007-1343505", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1343505" }, { "id": "nexus-sen-1-0007-1343516", "citation": "Res. 31134-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for legal opinion to the Attorney General not covered under right to petition", "title_es": "Solicitud de criterio al Procurador no es amparable como derecho de petición", "summary_en": "The Constitutional Chamber dismisses on its merits an amparo action filed by a congresswoman against the Attorney General’s Office. The petitioner asked the Attorney General for a technical-legal opinion on whether an administrative act of the Environmental Administrative Tribunal—concerning the appointment of judges and transfer of posts—harmed the tribunal’s functioning and whether administrative, disciplinary, or criminal measures should be taken. The Chamber reaffirms its settled case law that requests for legal opinions or advice are not equivalent to pure and simple requests for information, nor do they constitute claims or complaints that trigger the duty of prompt response protected by Articles 27 and 41 of the Political Constitution. The Attorney General’s Office responded under oath and showed that its advisory function is governed by its Organic Law, which does not require it to answer individual inquiries by legislators outside formal legislative proceedings. Since no violation of fundamental rights is found, the amparo is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1343516.json", "html_url": "/legal/doc/nexus-sen-1-0007-1343516", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1343516" }, { "id": "nexus-sen-1-0007-1343537", "citation": "Res. 31172-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Withdrawal of amparo action after water connection made", "title_es": "Desistimiento de amparo por conexión de agua potable", "summary_en": "The claimant filed an amparo action against the Costa Rican Institute of Aqueducts and Sewers (ICAA) alleging that despite having obtained water availability approval in April 2025, the service had not been connected. The respondent authority reported that the permanent connection had already been completed on September 1, 2025, even before the amparo was notified. Consequently, the claimant requested the annulment of the petition. The Constitutional Chamber treated this request as a withdrawal under Article 52 of the Law of Constitutional Jurisdiction, which allows withdrawal of amparo actions concerning property or waivable rights. The Chamber ordered the file archived, without ruling on the substance of the alleged delay. The decision is procedural in nature and does not address the right to water or the lawfulness of the administrative action.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1343537.json", "html_url": "/legal/doc/nexus-sen-1-0007-1343537", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1343537" }, { "id": "nexus-sen-1-0007-1343610", "citation": "Res. 31313-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo over anonymous complaint about constructions in the Bermúdez River protection zone", "title_es": "Amparo prematuro por denuncia anónima sobre construcciones en zona de protección del río Bermúdez", "summary_en": "The petitioner filed an amparo action against the Municipality of San Rafael de Heredia, alleging failure to address her anonymous complaint about allegedly illegal constructions in the protection zone of the Bermúdez River. She argued that since August 7, 2025, she had requested municipal intervention without receiving a response, which she deemed a violation of her fundamental rights. The Constitutional Chamber held that the request was not a simple petition under Article 27 of the Constitution, but rather a request for municipal action under Article 41, and therefore was subject to amparo jurisdiction. However, the Chamber dismissed the amparo as premature: less than a month had elapsed between the request (August 7) and the filing of the amparo (September 5), a period the court considered not excessive or rights-violating. Additionally, the Chamber noted that because the complaint was anonymous, the municipality lacked the necessary information to notify any response. Consequently, the amparo was rejected outright.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1343610.json", "html_url": "/legal/doc/nexus-sen-1-0007-1343610", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1343610" }, { "id": "nexus-sen-1-0007-1343761", "citation": "Res. 31544-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of time for indigenous consultation in Cahuita Coastal Regulatory Plan", "title_es": "Ampliación de plazo para consulta indígena en Plan Regulador Costero de Cahuita", "summary_en": "The Constitutional Chamber reviews a request by the mayor of the Municipality of Talamanca to extend the deadline set in ruling No. 2023031756, which ordered a new public hearing for the Cahuita Coastal Regulatory Plan, ensuring the participation of the Keköldi Indigenous Territory Integral Development Association (ADI Keköldi). The municipality claims impossibility of compliance due to new State Natural Heritage certifications issued by SINAC, lack of response from SETENA and INVU on environmental license and zoning requirements, and the declaration of unconstitutionality of several articles of the manual for coastal regulatory plans through ruling 03640-2025. It also cites the enactment of Law 9577 suspending evictions in the maritime terrestrial zone and the unprecedented complexity of indigenous consultation in such plans. The Chamber grants an additional six-month extension—not the requested twenty-four—to comply with the order to schedule the public hearing with due notice to the indigenous community.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "subdivision-fraccionamiento" ], "date": "30/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1343761.json", "html_url": "/legal/doc/nexus-sen-1-0007-1343761", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1343761" }, { "id": "nexus-sen-1-0007-1344055", "citation": "Res. 31855-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Repeated non-compliance by the Ministry of Public Education with a Constitutional Court ruling", "title_es": "Incumplimiento reiterado del MEP a sentencia de Sala Constitucional", "summary_en": "The Constitutional Court addresses a fourth non-compliance motion by the petitioner regarding ruling 2021-013195, which ordered the Ministry of Public Education to provide a definitive solution within 18 months to the infrastructure problem at the Vázquez de Coronado Technical Professional High School, caused by a 2016 landslide threatening the life and safety of students and staff. Over four years have passed since the ruling and approximately nine years since the problem was known, yet construction of the required works has not begun. The Court finds that, despite various administrative actions by the MEP—including a belated direct contract awarded in November 2023—the order remains unfulfilled. The MEP requests an additional 15-month extension, which is rejected as unwarranted given the history of non-compliance and disproportionate delay. The non-compliance motion is granted, and the current Director of Infrastructure at the MEP is ordered to immediately comply with the original ruling, under warning of sanctions under Article 71 of the Constitutional Jurisdiction Law. This is an amparo case concerning administrative omission affecting the right to life and physical integrity, unrelated to environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344055.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344055", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344055" }, { "id": "nexus-sen-1-0007-1344075", "citation": "Res. 31878-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for workplace relocation of disabled officer", "title_es": "Rechazo de amparo por reubicación laboral de oficial con discapacidad", "summary_en": "The Constitutional Chamber flatly rejects an amparo appeal filed by a police legal advisor from the Ministry of Public Security seeking relocation to the Atenas Police Station due to her disability and architectural barriers at her current workplace in Palmares. The appellant argued that the elevator in the Palmares building was out of service, preventing access to the cafeteria, restrooms, and other essential areas on the second floor, and that daily travel exacerbated her health condition. The Chamber reiterates its prior jurisprudence (Ruling No. 2025-010652) which declared a similar amparo on the same facts inadmissible, holding that disputes over workplace relocation, job accommodation, and medical criteria exceed the summary nature of amparo and must be litigated in administrative or contentious-administrative proceedings. Finding no reason to depart from that precedent, it orders the appellant to abide by that ruling.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344075.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344075", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344075" }, { "id": "nexus-sen-1-0007-1344153", "citation": "Res. 31965-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with amparo order in Los Negritos creek", "title_es": "Incumplimiento de orden de amparo en quebrada Los Negritos", "summary_en": "The Constitutional Chamber reviews a non-compliance motion filed by a petitioner alleging that the Municipality of Montes de Oca and the MINAE Water Directorate failed to comply with Judgment No. 2025017905, which ordered them to provide a report requested on two dates in 2024. The original judgment had granted an amparo for lack of response to requests for precautionary measures at the Los Negritos creek. The Chamber finds that, despite the Water Directorate providing inputs, the Municipality did not deliver the requested report, thus it grants the motion, reiterates the order, and warns that failure to comply may result in administrative proceedings and referral to the Public Prosecutor's Office for possible criminal disobedience. The Chamber emphasizes criminal liability for disobeying amparo orders (Arts. 53 and 71 of the Constitutional Jurisdiction Law).", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "03/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344153.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344153", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344153" }, { "id": "nexus-sen-1-0007-1344155", "citation": "Res. 31967-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Cypress tree felling in San Rafael de Heredia does not violate environmental rights", "title_es": "Tala de cipreses en San Rafael de Heredia no viola derecho ambiental", "summary_en": "The Constitutional Chamber dismisses a habeas corpus appeal filed by a resident of San Rafael de Heredia against the Municipality for the felling of cypress trees in the El Tirol – Del Monte sector. The appellant alleged massive deforestation, failure to conduct comprehensive risk assessment, and violation of the rights to a healthy environment, life, and personal security. The Chamber finds that the cuttings were carried out in compliance with judicial orders issued by the Agrarian Court of Alajuela in summary removal proceedings, with technical criteria from SINAC, and that the trees do not constitute a forest nor are they in protection zones under Article 33 of the Forestry Law. Furthermore, the Municipality has implemented a risk assessment study with the National University, which recommends urgent interventions on dead and hazardous trees. No indiscriminate felling or constitutional infringement is proven, and the appeal is denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "03/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344155.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344155", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344155" }, { "id": "nexus-sen-1-0007-1344159", "citation": "Res. 31971-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Digital signature requirement for email petitions violates fundamental rights", "title_es": "Exigencia de firma digital para peticiones por correo electrónico vulnera derechos fundamentales", "summary_en": "The Constitutional Chamber reviews an amparo action filed against the Ministry of Health and the Municipality of Poás for refusing to process a request for information on operating permits of a fairground, requiring a digital signature in the email. The Chamber flatly rejects the claims regarding the suspension of activities or the legality review of permits, since the amparo is not a forum for processing complaints nor a mechanism for analyzing infra-constitutional regulations. However, it partially grants the amparo against the Poás Health Governing Area, holding that requiring a digital signature as the sole condition for receiving petitions by email constitutes an access barrier that undermines the essential content of the right to petition and the right to interact with the administration through electronic means, particularly when pure and simple public information is involved. As the harm had already materialized —the petitioner later filed a hand-signed request— the Chamber applies Article 50 of the Constitutional Jurisdiction Law, ordering the State to pay damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "03/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344159.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344159", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344159" }, { "id": "nexus-sen-1-0007-1344185", "citation": "Res. 32001-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Correction of Material Error in Amparo Ruling on Informal Settlements and Environmental Harm in Purral de Goicoechea", "title_es": "Corrección de error material en amparo sobre asentamientos informales y daño ambiental en Purral de Goicoechea", "summary_en": "The Constitutional Chamber corrects a material error in ruling 2025-030968 of September 26, 2025, specifically in Considerando III, which previously contained text inconsistent with the Court's actual decision. The correction replaces that section to clarify that the amparo was granted, finding that the respondent authorities —the Mixed Institute of Social Aid (IMAS), the Municipality of Goicoechea, and the Health Area— engaged in conduct violating the fundamental rights of the population and the environment. The Chamber notes ambiguity and uncertainty in the reports filed and the complete lack of institutional planning capacity to address informal settlements, contamination sources, and the reported environmental harm in the Purral area. The ruling maintains the original judgment intact, which granted the amparo. Parties are advised to retrieve any physical documentation within thirty working days.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "03/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344185.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344185", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344185" }, { "id": "nexus-sen-1-0007-1344190", "citation": "Res. 32006-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prisoner hygiene supplies do not violate health rights", "title_es": "Suministros de aseo a privados de libertad no vulneran salud", "summary_en": "The petitioner, an inmate at CAI Terrazas, filed an amparo appeal claiming he receives insufficient personal hygiene supplies (one bar of bath soap, one toothpaste without a toothbrush, and one roll of toilet paper per month, no disposable razor, and restricted laundry detergent), causing skin infections. The Constitutional Chamber admitted the amparo exceptionally because it involves the right to health of a sentenced prisoner. The prison authority reported providing cleaning supplies for dormitories every two weeks and monthly personal hygiene items based on availability. An inspection by the Health Area confirmed monthly delivery of one bar of bath soap, one toothpaste, and two rolls of toilet paper, plus 2 kg of laundry detergent per month; the petitioner had no medical record of the alleged conditions and, not being under high security, was allowed weekly family parcels. The Chamber found no violation of fundamental rights and denied the appeal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344190.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344190", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344190" }, { "id": "nexus-sen-1-0007-1344212", "citation": "Res. 32032-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Petition-rights amparo regarding inactive sanitary sewer infrastructure", "title_es": "Derecho de petición en amparo por alcantarillado sanitario inactivo", "summary_en": "The Constitutional Chamber hears an amparo against the Public Services Company of Heredia (ESPH) for failing to activate a sanitary sewer pipe installed in front of the petitioner's home for over 15 years. The petitioner argues the inactive system poses health and environmental risks due to overflowing septic tanks and complains of a lack of response to his February 3, 2025 activation request. The Chamber finds the petition to activate the pipe independently of the Environmental Sanitation Project is a legality matter not amenable to amparo. Regarding the lack of response, the ESPH replied only on September 11, 2025, after being notified of the amparo, exceeding the ten-day statutory period. The amparo is partially granted solely for the delay in response, without an award of costs or damages. Justice Garro Vargas partially dissents on abstract damages, and Justice Garita Navarro issues a separate opinion imposing costs and damages for the violation of the right of petition.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344212.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344212", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344212" }, { "id": "nexus-sen-1-0007-1344228", "citation": "Res. 32048-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against environmental viability of the Papagayo megaproject", "title_es": "Amparo contra viabilidad ambiental del megaproyecto Papagayo", "summary_en": "The Constitutional Chamber reviewed an amparo action against the environmental viability granted by SETENA for the Papagayo Gulf megaproject in Playa Panamá, Guanacaste. The petitioner alleged violations of the rights to a healthy environment, citizen participation, and due process, citing omission of a public hearing, inadequate assessment of impacts on forests and mangroves, non-compliance with Law 6758, and ambiguity of Decree 44448. The ICT defended the special legal regime of the project and SETENA's exclusive competence, stating it was not the authority responsible for environmental viability. The Municipality of Liberia argued lack of jurisdiction, while Carrillo deferred to the Court. The Chamber analyzed the summary nature of amparo and its incompetence to review ordinary legality of administrative acts, reiterating that constitutional control does not substitute contentious-administrative channels. It concluded the matter required a full evidentiary process and dismissed the amparo, preserving ordinary remedies.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "03/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344228.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344228", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344228" }, { "id": "nexus-sen-1-0007-1344623", "citation": "Res. 32463-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with comprehensive solution for wastewater pollution in Residencial Estancia Antigua", "title_es": "Incumplimiento de solución integral a contaminación de aguas residuales en Residencial Estancia Antigua", "summary_en": "The Constitutional Court hears a claim of disobedience filed by residents of Residencial Estancia Antigua against AyA, the Municipality of La Unión, and the Ministry of Health, alleging non-compliance with ruling 2021-022447, which ordered the cessation of illegal discharges into the planned sewer system and the provision of a comprehensive and definitive solution within six months. After reviewing the record, the Court finds that the Health Area of La Unión and the Municipality of La Unión incurred disobedience by failing to demonstrate compliance with the comprehensive solution requirement and by not submitting reports on concrete actions taken after 2022. Conversely, AyA proved through inspections and resealing that it has fulfilled its duties within its powers, and the claim against it is dismissed. The obligation to comply with the order is reiterated, with a warning about possible disciplinary and criminal proceedings. The claim is partially granted.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344623.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344623", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344623" }, { "id": "nexus-sen-1-0007-1344626", "citation": "Res. 32466-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber rejects non-compliance claim regarding structures in protection zone", "title_es": "Sala Constitucional rechaza gestión de incumplimiento sobre obras en zona de protección", "summary_en": "The Constitutional Chamber addresses a non-compliance claim filed by the plaintiff in a previous environmental amparo (Res. 2025017901), which ordered the removal of illegal structures in the protection zone of the Barucito River and Sin Nombre creek, and closure measures. The plaintiff alleges disobedience; the owning company and authorities report obstacles and progress. The Chamber reviews reports from SINAC, the Municipality of Pérez Zeledón, and the Water Directorate, and concludes there is no non-compliance attributable to those entities, as they have undertaken diligent actions (coordination, inspections, closures, seizures), albeit limited by the owner's legal representative's denial of access. It dismisses the company's claims regarding lack of notification and absence of a technical plan, as these are aspects of enforcing a final judgment. All claims are dismissed, upholding the prior ruling.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "07/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344626.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344626", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344626" }, { "id": "nexus-sen-1-0007-1344629", "citation": "Res. 32469-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Post-judgment extension denied for Los Pinos landfill", "title_es": "Gestión posterior rechazada en relleno sanitario Los Pinos", "summary_en": "The Constitutional Chamber rules on a post-judgment request following amparo ruling No. 2025023963, which ordered the Municipality of Cartago and the Ministry of Health to correct the environmental problem at the Los Pinos Landfill within two months. The mayor requests a six-month extension, citing the need for 2026 budget allocation, compliance with public procurement law, weather delays, and lack of coordination from the Ministry of Health. The Ministry reports a pending preliminary injunction in the Administrative Court granting six months to WPP Continental Los Pinos S.A. to comply with a health order. The Chamber denies the request, finding that the mayor failed to provide a detailed timeline or show the extension is necessary; moreover, the Municipality delayed contacting the Ministry and has not demonstrated sufficient progress within the original deadline.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344629.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344629", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344629" }, { "id": "nexus-sen-1-0007-1344823", "citation": "Res. 32665-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal regulation of fireworks as non-actionable petition", "title_es": "Regulación municipal de pólvora sonora como gestión exhortativa inadmisible", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of Escazú. The petitioner had requested that the municipality regulate the use of fireworks in public spaces due to their negative effects on health, the environment, and public peace, but received no satisfactory response. Subsequently, the Municipal Council declared fireworks of cantonal interest. The Chamber summarily dismisses the action. It finds that the petitioner’s request was not a simple request for information, but rather an exhortation for the municipality to issue regulations. Under settled case law, such exhortative petitions do not fall within the constitutionally protected right to petition and obtain a prompt response; they are exhausted upon mere filing. Consequently, no fundamental rights violation is demonstrated and the amparo is inadmissible, without reaching the merits of the health, environmental, or participation arguments.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344823.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344823", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344823" }, { "id": "nexus-sen-1-0007-1344876", "citation": "Res. 32722-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo on environmental complaint to municipality", "title_es": "Amparo prematuro por denuncia ambiental ante municipalidad", "summary_en": "The Constitutional Chamber dismisses an amparo action filed by a resident of Tucurrique against the Municipality of Tucurrique and an official, for lack of response to an environmental complaint filed on September 23, 2025. The plaintiff alleged that constructions on two properties altered the course of a river, causing overflows and flooding that affected her home, where a three-year-old minor lives. She filed complaints with the Municipal Council and the Environmental Comptroller of MINAE but, not receiving a response as quickly as desired, filed for amparo. The Chamber, by majority, held that a reasonable time to address such complaints is two months, which had not elapsed, rendering the amparo premature and manifestly unfounded. Judge Rueda Leal dissented, arguing that the two-month period is not absolute and admits exceptions when there is imminent threat to human health or life, and that the described situation warranted processing the amparo to determine whether a constitutional violation existed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344876.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344876", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344876" }, { "id": "nexus-sen-1-0007-1344998", "citation": "Res. 32864-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Divergent opinions in amparo regarding road closure and alleged non-compliance by CONAVI and MOPT", "title_es": "Posturas divergentes en amparo contra cierre vial y presuntos incumplimientos de CONAVI y MOPT", "summary_en": "By majority decision, the Constitutional Chamber dismisses an amparo action that alleged non-compliance with a prior ruling regarding the condition of national routes 135 and 716, as well as harms caused by the \"La Pista\" quarry at the entrance of Grecia, Alajuela. Regarding the alleged non-compliance, the Chamber states that the proper avenue is a contempt proceeding in the original case file, not a new amparo. With respect to the explosions, landslides, and road blockages attributed to the quarry, it is established that the petitioner did not file a formal complaint with the competent authorities, despite being warned to do so. It is also proven that the closure of route 716 follows a binding technical recommendation from the National Emergency Commission, and that a criminal investigation for illegal material extraction is ongoing. Judge Rueda Leal dissents and orders the proceedings to continue, expanding the amparo against the mayor of Grecia, considering that he should have been treated as a respondent.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1344998.json", "html_url": "/legal/doc/nexus-sen-1-0007-1344998", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1344998" }, { "id": "nexus-sen-1-0007-1345001", "citation": "Res. 32867-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with ruling on waste management in prison facility", "title_es": "Incumplimiento de sentencia sobre gestión de residuos en centro penitenciario", "summary_en": "The Constitutional Chamber reviews a compliance follow-up regarding ruling No. 2025024066, which ordered the Jorge Debravo Institutional Care Center and the Ministry of Justice to correct deficiencies in solid and organic waste management within one month. The authorities reported having initiated corrective actions, including an environmental inspection and the purchase of proper containers, but acknowledge that full implementation is subject to budget constraints and is proceeding gradually. The Chamber finds that the order has not been effectively complied with, thus reiterates the order and warns the officials that failure to comply will result in referral of the case to the Public Prosecutor's Office under Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345001.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345001", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345001" }, { "id": "nexus-sen-1-0007-1345023", "citation": "Res. 32890-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Landslide Risk and Failure to Resolve Complaint", "title_es": "Amparo ambiental por inestabilidad de ladera y falta de respuesta a denuncia", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a property owner in Sabana Sur, San José, against the Municipality of San José, the National Emergency Commission (CNE), and SETENA. The plaintiff claimed that the “Condominio Torres de Valencia” project and authorized earthworks caused slope instability, structural damage, harm to a water spring and the María Aguilar biological corridor, and subsidence. She argued the authorities failed to timely and effectively address her complaint. The Chamber found that it was not proven that the developer’s earthworks were the cause of the instability; technical studies showed the area already had a high probability of landslides. It was also not established that CNE or SETENA failed in their duties. However, the Chamber found a violation of the right to prompt and complete justice (Article 41 of the Constitution), as the Municipality had not definitively resolved the complaint filed in 2019 and reiterated in 2025. The amparo was partially granted, and the Municipality was ordered to resolve the complaint within one month and to coordinate restrictions on land use on the slope.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345023.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345023", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345023" }, { "id": "nexus-sen-1-0007-1345027", "citation": "Res. 32895-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for failure to install La Toyita pedestrian bridge", "title_es": "Amparo por omisión en colocación de puente peatonal La Toyita", "summary_en": "Residents of San Rafael Abajo de Desamparados and Concepción de Alajuelita filed a recurso de amparo against the municipalities of Desamparados and Alajuelita alleging omission in the rehabilitation and installation of the La Toyita pedestrian bridge over the Cañas River, destroyed by rains in 2023. The claimants argued that the municipalities had the necessary resources and agreements but failed to install the structure, forcing them to travel additional kilometers. The municipalities informed that the National Commission for Risk Prevention and Emergency Response (CNE) requested postponement due to ongoing river protection works in the same area, and a further suspension was issued for technical adjustments. The Constitutional Chamber rejected the appeal, finding no clear and manifest inaction by the municipalities; the delay was attributed to CNE technical decisions and pending technical viability for final installation. It clarified that review of CNE's technical criteria belongs to ordinary courts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345027.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345027", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345027" }, { "id": "nexus-sen-1-0007-1345045", "citation": "Res. 32914-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to information on vacant positions and complaint about sidewalk conditions", "title_es": "Acceso a información sobre plazas vacantes y denuncia por estado de aceras", "summary_en": "The Constitutional Chamber reviewed a writ of amparo filed against the Municipality of San José. The petitioner requested a list of vacant positions available in 2025, specifying the position and salary scale, in order to rejoin the labor market, and also reported problems of pedestrian insecurity, lack of sidewalks, sanitary services, and pollution in Parque de la Paz and the sidewalks in front of Escuela España, invoking the right to health and a healthy and ecologically balanced environment. The Chamber determined that the municipal response on vacancies did not satisfy the request, as it merely indicated how to apply, and exceeded the deadline set in Article 32 of the Constitutional Jurisdiction Law, thus violating the right of access to public information. Regarding the sidewalk and environmental issues, the amparo was deemed premature, since a reasonable time had not elapsed for the municipality to address the matter, and it did not fall under Articles 27 and 30 of the Constitution. The amparo was partially granted, ordering the delivery of the requested vacancy information within five days, with an award of costs, and denied on the other claims.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345045.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345045", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345045" }, { "id": "nexus-sen-1-0007-1345064", "citation": "Res. 32937-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lacking timely response to request for information on Civic Environmental Parliament", "title_es": "Amparo por información del Parlamento Cívico Ambiental sin respuesta oportuna", "summary_en": "In this ruling, the Constitutional Chamber dismisses the amparo filed against the Legislative Assembly. The petitioner requested information from the Department of Citizen Participation about the organizations that make up the Civic Environmental Parliament, its internal regulations, and other data, using unofficial email addresses. The Chamber finds it proven that the authority did respond on September 10, 2025, before being notified of the amparo, and that the emails used were not an official means of communication. Based on the probative value of the report rendered by the authority and the lack of evidence to the contrary, it holds that no fundamental rights were violated. The ruling is denied in all its terms, with a separate opinion from Justice Castillo Víquez, who adds that the claim was inadmissible from the outset because no official channel was used.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345064.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345064", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345064" }, { "id": "nexus-sen-1-0007-1345108", "citation": "Res. 32982-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition and access public information", "title_es": "Derecho de petición y acceso a información pública", "summary_en": "The Constitutional Chamber hears an amparo appeal against the Municipality of Cartago for failing to respond to several information requests filed by a homeowner regarding permits and construction documents for his residence. The Chamber finds that two requests —dated December 1 and 17, 2024— were answered before the amparo was filed, so that part is dismissed. As for the requests of October 28, 2024 and June 10, 2025, the administration responded only after being notified of the amparo, which constitutes a violation of the right to petition and timely response. The majority partially grants the appeal without awarding costs or damages, considering that the affected rights are not directly of an economic nature. Two judges issue partial dissents: Judge Salazar Alvarado imposes costs and damages, and Judge Garro Vargas imposes damages only, both arguing that a belated response does not remedy the harm already caused. The ruling reaffirms the constitutional obligation to resolve petitions within ten business days.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345108.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345108", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345108" }, { "id": "nexus-sen-1-0007-1345112", "citation": "Res. 32989-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Noise Pollution Against Ministry of Health", "title_es": "Amparo por contaminación sónica contra Ministerio de Salud", "summary_en": "The Constitutional Chamber reviews an amparo filed by a neighbor in San Ramón against the Ministry of Health, alleging a lack of response and action on a complaint about noise pollution from a gym. The petitioner argued that since July 22, 2025, she filed a complaint, amplified on August 11, without receiving a response or timely action, affecting her rights to health, rest, and a healthy environment. The Chamber held that at the time the amparo was filed (September 3), only 1 month and 11 days had elapsed, a period it did not deem disproportionate or irrational, so it dismissed the amparo as premature. However, during the amparo proceedings, the Ministry conducted a noise measurement confirming the nighttime limits were exceeded and issued a sanitary order to suspend nighttime activities and contain the noise. Judge Rueda Leal dissented, considering that the administration’s complete inaction for over a month was unreasonable.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345112.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345112", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345112" }, { "id": "nexus-sen-1-0007-1345124", "citation": "Res. 33001-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sanitary order and inspection of wastewater in informal settlement", "title_es": "Orden sanitaria e inspección de aguas residuales en precario", "summary_en": "The Constitutional Chamber reviews an amparo action against the Ministry of Health over inadequate disposal of wastewater from neighboring houses that seeped onto the petitioner's property, causing foul odors, flies, mosquitoes, and disease. The Ministry of Health conducted inspections confirming the contamination, but uncertainty about land ownership (possible informal settlement or public domain) delayed issuing sanitary orders, which were finally notified on September 24, 2025, granting 45 business days to execute drainage works. The Chamber grants the amparo because the mere issuance of the sanitary order does not resolve the environmental and public health problem; it orders the Ministry to conduct a new inspection after the deadline to verify compliance and, if contamination persists, take corrective measures to definitively resolve the situation. The State is ordered to pay costs, damages, and losses.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345124.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345124", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345124" }, { "id": "nexus-sen-1-0007-1345199", "citation": "Res. 33081-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition and access to information on sanitary licensing of Los Mangos project", "title_es": "Derecho de petición y acceso a información sobre licencias sanitarias del proyecto Los Mangos", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a citizen against the Ministry of Health, claiming that a request for information submitted on August 21, 2025, to the Alajuela 1 Health Area had not been answered. The request asked whether the 'Los Mangos' project had a sanitary license to operate as a landfill, whether a waste transfer station license existed, whether the Health Area was aware of the site activities, and whether the applicable regulations would be applied based on attached photographs. The Chamber found that the respondent authority had not responded at the time the amparo was filed, but it demonstrated that a response was issued on September 23, 2025, after the amparo was notified. The majority granted the amparo without awarding costs, damages, or losses, reasoning that the petitioner's claim was satisfied during the proceedings and no direct impact on a clearly pecuniary constitutional right was shown. Two dissenting votes addressed the issue of costs and indemnification.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345199.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345199", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345199" }, { "id": "nexus-sen-1-0007-1345219", "citation": "Res. 33104-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ministry of Health inaction on noise pollution complaint", "title_es": "Inercia del Ministerio de Salud en denuncia por contaminación sónica", "summary_en": "The Constitutional Chamber reviews an amparo filed by neighbors in El Coyol, Alajuela, against the Ministry of Health, alleging failure to address noise and air pollution from a truck yard. The petitioners claim that for years they have endured noise and gases from trucks operating day and night, harming their health and rest. After a prior Chamber intervention in 2023 that ordered measures, a new company resumed activities. The Ministry conducted inspections, measurements, and issued sanitary orders, including closure of the establishment during the amparo proceedings. The Chamber examines whether administrative inaction violated the right to a healthy environment (Article 50 of the Constitution) and the State's duty to protect life. It finds the authority acted diligently, progressively, and technically, without disproportionate inertia, and thus denies the amparo, while instructing continued oversight.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345219.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345219", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345219" }, { "id": "nexus-sen-1-0007-1345481", "citation": "Res. 33390-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to Response on Noise Pollution Complaint", "title_es": "Derecho a respuesta por denuncia ambiental sobre contaminación sónica", "summary_en": "The Constitutional Chamber reviewed an amparo appeal filed by a resident of Concepción de La Unión against the Municipality of La Unión. The petitioner complained about excessive noise from the 'Chory's' restaurant exceeding permissible decibel levels and alleged the municipality had not responded to his June 2025 complaints, violating his rights to health and a healthy environment. The municipality reported that its Licensing Department had inspected the premises on June 12 and issued a report on June 13, 2025, but it could not be verified that the report had been notified to the petitioner. The Chamber held that the Administration is obliged to timely notify individuals of the results of their petitions, and the failure to effectively communicate the response violated the right to a prompt and complete administrative justice. The appeal was granted, and the municipality was ordered to notify the inspection report within three days, under penalty of criminal sanctions, and to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345481.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345481", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345481" }, { "id": "nexus-sen-1-0007-1345507", "citation": "Res. 33417-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of clarification on Cahuita detention fails to apply Convention 169", "title_es": "Negativa de aclaración sobre detención en Cahuita no analiza Convenio 169", "summary_en": "The Constitutional Chamber denies the request for clarification and addition filed against ruling 2025-031663, which had dismissed a habeas corpus petition concerning the detention of a leader of the Cahuita Integral Development Association (ADIC). The petitioner argued that the Chamber failed to recognize the Afro-descendant ancestral nature of Cahuita National Park and to apply ILO Convention 169, constituting structural racism, lack of conventionality control, and requiring the detention to be annulled because it arose from communal territorial administration functions. The Chamber rejects the request because it essentially does not seek to clarify or add to the ruling, but rather expresses disagreement with its outcome. It reiterates the summary nature of habeas corpus, which precludes full adversarial proceedings and the examination of infra-constitutional rights. Since criminal proceedings for embezzlement are ongoing, the judicial actions cannot be voided on ancestral territory grounds. Consequently, the request is dismissed.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "14/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345507.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345507", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345507" }, { "id": "nexus-sen-1-0007-1345645", "citation": "Res. 33557-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prison overcrowding and inadequate conditions for inmate with fracture", "title_es": "Hacinamiento carcelario y condiciones inadecuadas para privado de libertad con fractura", "summary_en": "The Constitutional Chamber reviews a habeas corpus petition filed by an inmate alleging inadequate conditions at CAI Dr. Nombre02 Echeverría after tibia surgery. He claims overcrowding, hygiene issues, mobility limitations, difficulties attending medical appointments and visits, and requests a change in custody modality. However, during proceedings, the petitioner was transferred to CAI Luis Paulino Mora, where better conditions were provided: crutches, weekly wound care, special soap, adapted space, and an offer to move to a Law 7600 module. The Chamber finds that original grievances no longer exist, as the transfer followed an Interdisciplinary Council decision predating the accident, and the new facility provides adequate medical care. The petition is denied, finding no current violation of fundamental rights, but authorities are urged to coordinate actions to safeguard the petitioner’s physical integrity during recovery.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345645.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345645", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345645" }, { "id": "nexus-sen-1-0007-1345841", "citation": "Res. 33771-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Repeated Noncompliance with Ruling on Flooding in San Rafael de Alajuela", "title_es": "Desobediencia reiterada por inundaciones en San Rafael de Alajuela", "summary_en": "The Constitutional Chamber hears the fifth noncompliance claim filed by the petitioner against the Municipality of Alajuela and other authorities, for failure to comply with ruling 2009006494 of 2009 that ordered the resolution of stormwater overflow in Barrio Nazareth, San Rafael de Alajuela. The Chamber notes that, despite the ruling being notified over 16 years ago, the problem persists without a definitive solution. Reports from the respondent authorities show that the Municipality has carried out several storm drainage works, but the comprehensive solution depends on the completion of the project “Improvement of Storm Drainage on National Routes Nos. 122 and 124, San Rafael de Alajuela,” under the responsibility of CONAVI. The Chamber partially upholds the claim, solely against CONAVI, and reiterates the compliance order to the Executive Director, under warning of initiating administrative proceedings and possible referral to the Public Prosecutor's Office for disobedience. The Municipality and MOPT are excluded at this stage, as the definitive solution currently depends on CONAVI.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "17/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345841.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345841", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345841" }, { "id": "nexus-sen-1-0007-1345857", "citation": "Res. 33787-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Build Retaining Works for Landslides in Barrio La Isla", "title_es": "Falta de obras de contención ante deslizamientos en Barrio La Isla", "summary_en": "The Constitutional Chamber hears an amparo filed by a property owner in Barrio “La Isla” in San Miguel de Desamparados, who claims that since 2022 recurring landslides have affected the community's sole access, preventing emergency vehicles from passing and exposing residents—especially the most vulnerable—to significant risks. The petitioner accuses both the Municipality of Desamparados and the National Commission for Risk Prevention and Emergency Response (CNE) of failing to provide an effective solution. The Chamber finds that, despite the Municipality's efforts (studies, contracting, and temporary measures), warnings about the slope's instability had existed since 2007 and more than three years have elapsed since the first landslides without any definitive retaining work being carried out. It therefore partially grants the amparo solely against the Municipality of Desamparados, ordering it to adopt the necessary administrative measures and carry out the required works in the risk zones within a maximum of six months to protect the residents. The claim against the CNE is denied, as the Chamber considers it has fulfilled its legal duties by issuing technical recommendations and supporting emergency response.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345857.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345857", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345857" }, { "id": "nexus-sen-1-0007-1345906", "citation": "Res. 33851-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for failure to respond by municipality on solid waste management", "title_es": "Amparo por falta de respuesta municipal sobre gestión de residuos sólidos", "summary_en": "The Constitutional Chamber reviews an amparo filed against the Municipality of San Rafael de Heredia for an alleged violation of the right to petition and timely response. On June 30, 2025, the petitioner requested information on preventive actions taken by the municipality to avoid potential legal claims arising from inadequate solid waste management. The Chamber finds that the municipal administration responded on September 19, 2025—one day after being served with the amparo—without having issued any prior response. The amparo is granted, finding a violation of the right to petition, but without awarding costs or damages, as the majority considers that the response during proceedings constitutes an out-of-court satisfaction akin to a withdrawal. Justices Salazar and Garro issue partial dissenting votes, arguing for the imposition of damages and costs given the breach of the legal ten-day deadline.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345906.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345906", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345906" }, { "id": "nexus-sen-1-0007-1345932", "citation": "Res. 33886-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prevention cell conditions and inmate transfer", "title_es": "Condiciones de celda de prevención y traslado de reclusos", "summary_en": "The Constitutional Chamber reviews an amparo petition filed by two sentenced inmates held at the Jorge Debravo Institutional Care Center (CAI). The petitioners allege they were temporarily placed in an isolation cell under unsanitary conditions: no sink, a broken toilet causing water spills, and infestations of rats, cockroaches, and flies. They claim the cell has only a single bed, which they consider inhumane and degrading, and cite a prior Chamber decision that upheld a similar complaint about unsanitary conditions at the same facility. The respondent authorities—the Ministry of Justice and Peace and the Ministry of Health—report that one inmate was transferred to CAI Liberia and the other relocated within the Jorge Debravo facility. An inspection by the local health authority found the prevention cells vacant and in adequate sanitary condition, with no visible pests. The Chamber denies the petition, finding the alleged conditions unsubstantiated and the temporary situation already resolved.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345932.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345932", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345932" }, { "id": "nexus-sen-1-0007-1345934", "citation": "Res. 33890-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo in Inter-organic Relations", "title_es": "Improcedencia del amparo en relaciones interorgánicas", "summary_en": "The Constitutional Chamber dismisses an amparo filed by a SINAC official against the Ministry of Environment and Energy. The petitioner, a professional from the Information Technology Department, requested information about the PRONAMEC project and a meeting recording, alleging violation of his right to petition. The Chamber finds the amparo inadmissible because the conflict arises from inter-organic relations, as the petitioner acted in his capacity as a public official and the request was addressed to another body within the same institution. Reiterated case law establishes that amparo is not the appropriate remedy for disputes between administrative bodies, which must be resolved through internal coordination. Furthermore, it was demonstrated that the requested documentation did not formally exist since the project is funded by international cooperation, and available information was provided. The Court concludes that there was no violation of articles 27 and 30 of the Political Constitution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345934.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345934", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345934" }, { "id": "nexus-sen-1-0007-1345935", "citation": "Res. 33891-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Civic Environmental Parliament for access to information", "title_es": "Amparo contra Parlamento Cívico Ambiental por acceso a información", "summary_en": "The Constitutional Chamber heard an amparo action filed by an activist and member of the Civic Environmental Parliament (PCA), who requested copies of documents related to her expulsion process. She alleged a violation of her right of access to public information, arguing that the response received was deficient and incomplete. The Chamber determined that the request was sent to an @gmail.com email address belonging to the PCA – a private entity autonomous from the Legislative Assembly – and not to the official public entity account (@asamblea.go.cr). The court found no violation of fundamental rights, as Articles 27 and 30 of the Political Constitution (right to petition and access to public interest information) apply only to public entities. Since no special relationship of subjection or power was found between the PCA and the petitioner, the amparo was denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345935.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345935", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345935" }, { "id": "nexus-sen-1-0007-1345954", "citation": "Res. 33915-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative omission in noise measurements by the Ministry of Health", "title_es": "Omisión administrativa en mediciones sónicas por parte del Ministerio de Salud", "summary_en": "The Constitutional Court reviews an amparo action filed by neighbors alleging the Ministry of Health's failure to conduct noise measurements at an adjacent clandestine workshop, which they claim violates their rights to health and a healthy environment, especially affecting a 2-year-old child. The Court finds that the San Ramón Health Authority acted diligently, conducting multiple inspections, issuing health orders, warnings, and ultimately closing the activity on July 16, 2025, after confirming it operated without a health permit. The Court holds there was no inaction, as the lack of noise measurements was justified given the unauthorized nature of the activity, which was fully closed. It concludes no current harm to fundamental rights is proven, and any disagreement with the agency's actions must be pursued in the contentious-administrative courts. The amparo is dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345954.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345954", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345954" }, { "id": "nexus-sen-1-0007-1345971", "citation": "Res. 33936-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Alderwoman's right to petition regarding solid waste scale", "title_es": "Derecho de petición de regidora sobre báscula de residuos sólidos", "summary_en": "The Constitutional Chamber heard an amparo filed by an Alderwoman of the Municipality of Liberia, who requested information from the head of the Environmental Management Unit about the status and operation of a scale for weighing solid waste. The municipal authority responded substantively via official letter 16 days after the initial request, but that letter was not timely notified to the alderwoman, who sent a reminder three months later and received an evasive reply. Before notification of the amparo's commencement, the municipality resent the response letter to the email address indicated by the petitioner. The majority of the Chamber dismissed the amparo, considering that the response was provided before said notification. However, Justice Salazar Alvarado dissented, arguing that the amparo should have been upheld for indemnification purposes, due to violation of the constitutional ten-business-day deadline for responding, harming the rights of petition and access to information.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1345971.json", "html_url": "/legal/doc/nexus-sen-1-0007-1345971", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1345971" }, { "id": "nexus-sen-1-0007-1346183", "citation": "Res. 34171-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against gentrification rejected outright", "title_es": "Amparo contra la gentrificación es rechazado de plano", "summary_en": "The Constitutional Chamber rejects as inadmissible an amparo filed by a person claiming to act in the diffuse interest against three ministries and the tourism board, arguing that gentrification —the displacement of local communities by wealthy foreigners— violates the rights to decent housing, not to migrate, and a healthy environment. The Chamber reiterates its admissibility doctrine: amparo protects concrete, direct, and gross violations of fundamental rights, not abstract complaints about legality or constitutionality, nor generic administrative omissions. The complainant fails to identify any specific situation where state inaction harms the rights of identifiable individuals, so the claim lacks standing. The Court stresses it is not a processing body for complaints nor a substitute for the active administration’s competences.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1346183.json", "html_url": "/legal/doc/nexus-sen-1-0007-1346183", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1346183" }, { "id": "nexus-sen-1-0007-1346296", "citation": "Res. 34295-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo over legality conflict in sanitary order", "title_es": "Inadmisibilidad de amparo por conflicto de legalidad en orden sanitaria", "summary_en": "The Constitutional Chamber flatly rejects an amparo action filed by residents of the Lomas de Hidalgo condominium in Alajuela against the Ministry of Health, the Ministry of Environment and Energy, and the Municipality of Alajuela. The petitioners alleged contamination of the Ojo de Agua stream by discharges from the Empaques Santa Ana industrial plant. They argued that despite multiple complaints and evidence of foul odors and abnormal coloration, the Ministry of Health issued a sanitary order granting the company a three-month deadline to make corrections instead of immediately suspending the discharge. The Chamber finds that the claim involves an ordinary legality dispute, not a direct violation of fundamental rights, and that amparo is not the appropriate mechanism to review the appropriateness of the sanitary order or to replace the Administration in its functions. Consequently, it declares the action inadmissible and directs the parties to ordinary proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1346296.json", "html_url": "/legal/doc/nexus-sen-1-0007-1346296", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1346296" }, { "id": "nexus-sen-1-0007-1346468", "citation": "Res. 34485-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo in condominium dispute", "title_es": "Inadmisibilidad del amparo por conflicto condominal", "summary_en": "The Constitutional Chamber declares inadmissible the amparo filed by a condominium resident against Condominio Terrazas del Norte, its advisory committee, and the administrator. The resident alleged she was admonished for planting in common areas and her parking space, and complained of neighbor harassment. The Chamber holds that the requirements of Article 57 of the Constitutional Jurisdiction Law are not met, as the respondents do not hold a de facto or de jure position of power that prevents the petitioner from seeking timely and effective relief through other judicial remedies. The dispute arises from a private relationship governed by the Condominium Property Law and internal regulations, making it an ordinary legality matter to be resolved first within the condominium assembly and, if necessary, in the ordinary courts. The Chamber clarifies that constitutional guarantees of access to information and petition do not apply to private entities in this context.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1346468.json", "html_url": "/legal/doc/nexus-sen-1-0007-1346468", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1346468" }, { "id": "nexus-sen-1-0007-1346661", "citation": "Res. 34702-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of Addition and Clarification Regarding Regulating Visitation to Corcovado National Park", "title_es": "Rechazo de adición y aclaración sobre orden de regular visitación en Parque Nacional Corcovado", "summary_en": "The Constitutional Chamber unanimously denies the motions for addition and clarification filed by the Asociación de Desarrollo Integral de Corcovado-Carate against decision 2025024842. That prior judgment had annulled a resolution that increased daily visitation to Corcovado National Park and ordered the Regional Directorate of the Osa Conservation Area to issue a new act regulating reservation policies with justified technical parameters. The association argued that the ACOSA director had suspended the second visitation shift without basis in the ruling, causing socioeconomic harm to communities dependent on park tourism. The Chamber finds the prior judgment contains no obscure or omitted points; the petitioner’s dissatisfaction concerns subsequent actions of the respondent authority, which are being addressed through a new technical resolution. Additionally, the Chamber rejects the intervention of the Asociación Agencia para el Desarrollo Accesible sin Fronteras, which sought prior consultation with disabled persons and extension of the deadline. The Chamber holds those claims were not part of the original amparo and must be raised before the administrative authority. It notes partial compliance: resolution SINAC-ACOSA-D-R-086-2025 established an effective carrying capacity of 242 people for the Sirena Station and interim limits for other sectors. It orders continued data collection to fully justify all quotas.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1346661.json", "html_url": "/legal/doc/nexus-sen-1-0007-1346661", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1346661" }, { "id": "nexus-sen-1-0007-1346671", "citation": "Res. 34712-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on telecommunications pole placement in Bahía Ballena", "title_es": "Amparo por ubicación de poste de telecomunicaciones en Bahía Ballena", "summary_en": "The Sala Constitucional denied an amparo filed by a resident of Bahía Ballena de Osa against the Municipality of Osa. The petitioner argued that a construction permit for a telecommunications pole on a road shoulder obstructed pedestrian use, violating rights to safety, accessibility, and a healthy environment. The Chamber verified that the municipality acted in accordance with the Reglamento para el Permiso de Construcción de Torres y Postes de Telecomunicaciones en el Cantón de Osa (2023) and Executive Decree 44335-MICITT, that the installation is part of the national telecommunications network approved by SUTEL, and that the pole meets the requirements of SETENA, the Ministry of Health, and INS. Field inspections confirmed that there is sufficient space (2.10 m) for the eventual construction of a 1.20 m sidewalk, as required by the regulation under Law 26831 on equal opportunities for persons with disabilities. The Chamber found no arbitrary or unlawful action and no violation of fundamental rights. Justice Salazar Alvarado added a separate note regarding the administrative contentious jurisdiction in environmental matters.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1346671.json", "html_url": "/legal/doc/nexus-sen-1-0007-1346671", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1346671" }, { "id": "nexus-sen-1-0007-1346691", "citation": "Res. 34736-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Closure of water gate in diversion works does not violate right to water given technical impossibility", "title_es": "Cierre de compuerta en obra partidora no vulnera derecho al agua ante imposibilidad técnica", "summary_en": "The Constitutional Court dismissed an amparo petition filed by the Development Association of Santa María de Rincón de la Vieja against AyA and MINAE for closing a gate in a diversion structure that channeled water to the Santa Inés stream. The community, an informal agricultural settlement in the Liberia canton, relied on this flow for human consumption, livestock, and production. The closure was ordered by MINAE’s Water Directorate after detecting unauthorized diversions from the Liberia River and was executed by AyA. The Court found that the area lacks formal water infrastructure and is not within AyA’s service coverage area; since 2020, the population has been supplied via water trucks and storage tanks in compliance with a previous ruling. The Court held that the lack of service is not arbitrary but stems from material technical impossibility (absence of infrastructure and legal authorization), thus no fundamental rights were violated. The Court reaffirmed its case law on the right to water and technical impossibility as a defense against constitutional claims.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1346691.json", "html_url": "/legal/doc/nexus-sen-1-0007-1346691", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1346691" }, { "id": "nexus-sen-1-0007-1346728", "citation": "Res. 34784-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unjustified TAA Delay in Severing Environmental Complaints", "title_es": "Dilación injustificada del TAA en desacumular denuncias ambientales", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Administrative Environmental Tribunal (TAA) for allegedly failing to enforce its own order to sever a complex environmental complaint. The complainant had filed a complaint for Forestry Law violations in Bahía Ballena, Osa, and the TAA ordered on June 20, 2025, to split the case into separate files due to its complexity involving multiple properties and respondents. Over two months passed without the TAA opening the new files or advancing the procedure. In its report, the TAA acknowledged that it only implemented the severance on October 1, 2025, after being notified of the amparo. The Chamber found an unjustified delay of about three months and fifteen days, ruling in favor of the amparo. However, it did not award costs or damages, reasoning that the harm did not involve patrimonial rights. Two dissenting votes argued for the imposition of costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1346728.json", "html_url": "/legal/doc/nexus-sen-1-0007-1346728", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1346728" }, { "id": "nexus-sen-1-0007-1346730", "citation": "Res. 34786-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Unresolved Environmental Complaints in Maritime Zone Concessions", "title_es": "Amparo por denuncias ambientales sin resolver en concesiones de Zona Marítimo Terrestre", "summary_en": "The Constitutional Chamber granted the amparo filed by Asociación Cívica de Hermosa against the Cóbano District Municipal Council. The petitioner claimed the municipality granted concessions in the Maritime Terrestrial Zone on lands with forest cover and wetlands, which constitute State Natural Heritage (PNE), and are therefore under the exclusive administration of SINAC. It filed three detailed complaints regarding concessions of Corporación Estimex Centroamericano SRL, Hukajo S.A. and Santa Teresa Investments STI de Puntaguana, requesting recognition as a qualified complainant and that concessions not be renewed. Despite months having passed since its April 2025 submissions, the authority had not resolved its requests nor included it in the administrative files, allegedly violating rights to environmental participation and information. The Chamber noted the municipality's response was issued after the amparo was notified, thus upholding the claim. The majority denied costs and damages, while two justices partially dissented on this point.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1346730.json", "html_url": "/legal/doc/nexus-sen-1-0007-1346730", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1346730" }, { "id": "nexus-sen-1-0007-1346744", "citation": "Res. 34804-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo Regarding Health Conditions in Prison Dismissed", "title_es": "Amparo por condiciones de salubridad en centro penal declarado sin lugar", "summary_en": "The Constitutional Chamber reviewed an amparo filed on behalf of an inmate at the Unidad de Apremiados of CAI Jorge Arturo Montero Castro, who alleged being bitten by mites and fleas and that the facility was unsanitary. The Chamber verified that although there had been a prior infestation, the inmate was transferred to the Centro de Formación Juvenil Zurquí before the amparo was notified, thus improving his conditions. Moreover, prison authorities took actions such as fumigations, replacement of furniture, and regular provision of cleaning supplies. The Ministry of Health conducted an inspection and found no unsanitary conditions, no visible pests, and noted that mite outbreaks are controlled through personal hygiene. The Chamber found no violation of the right to health (Article 21 of the Constitution) and dismissed the amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1346744.json", "html_url": "/legal/doc/nexus-sen-1-0007-1346744", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1346744" }, { "id": "nexus-sen-1-0007-1346762", "citation": "Res. 34824-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Overcrowding in CAI Terrazas module B-4 — amparo for inhumane conditions", "title_es": "Hacinamiento en CAI Terrazas módulo B-4 — amparo por condiciones indignas", "summary_en": "The Constitutional Chamber hears an amparo filed by a convicted prisoner at CAI Terrazas who alleges 38% overcrowding in module B-4 that prevents him from moving about, forces him to eat standing up and sleep in the bathrooms, plus an infestation of cockroaches and rats increasing disease risk. The Chamber clarifies that amparo for sentenced inmates is only exceptionally admissible when human dignity, health, or life is at stake. Regarding sanitary conditions, the claim is dismissed because periodic fumigations, provision of cleaning supplies, and a Ministry of Health inspection that found no pests (only dirty food containers attributable to inmates) were proven. As for overcrowding, the Chamber refers to its own ruling 2025-030983 of September 26, 2025, which had already granted relief on the same issue for module B-4 and ordered measures within a six-month period still in force. Consequently, the amparo is denied on the remaining claims, and the petitioner must abide by that prior ruling.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1346762.json", "html_url": "/legal/doc/nexus-sen-1-0007-1346762", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1346762" }, { "id": "nexus-sen-1-0007-1346785", "citation": "Res. 34849-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Logging in Eco Residencial Villa Real Condominium", "title_es": "Tala en Condominio Eco Residencial Villa Real", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Santa Ana for tree felling on a lot within the Eco Residencial Villa Real Condominium. The petitioner alleges excessive and systematic logging of protected timber species, earthmoving, and timber sales without permits, harming a forest ecosystem. The municipality reports that it conducted an inspection after being notified of the amparo, finding that the cutting was covered by a construction permit and an environmental feasibility license from SETENA, and no trees requiring special permits were identified. It was not proven that the petitioner had previously filed a complaint with the municipality. The Chamber dismisses the amparo by majority, finding no violation of fundamental rights, while one judge dissents and orders the amparo to proceed against the Ministry of Environment for a ruling on the facts.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "forestry-law-7575", "environmental-law-7554", "procedural-environmental" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1346785.json", "html_url": "/legal/doc/nexus-sen-1-0007-1346785", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1346785" }, { "id": "nexus-sen-1-0007-1347251", "citation": "Res. 35404-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of drinking water supply for technical reasons", "title_es": "Negativa de suministro de agua potable por razones técnicas", "summary_en": "The Constitutional Chamber flatly dismisses an amparo action filed by an elderly female usufructuary of a property in Heredia against the Empresa de Servicios Públicos de Heredia. The petitioner alleged denial of drinking water service and electricity, preventing her from building and living on the property. The respondent company justified the denial based on the proximity of a water well (AB-0478) and the requirement of a hydrogeological study the petitioner cannot afford. The Chamber reiterates its case law that, while there is a fundamental right to drinking water, its exercise is not absolute; service providers may deny service if technical reasons justify it. The Court declares the action inadmissible, holding that verification of technical and legal requirements falls to administrative authorities, a matter of ordinary legality beyond its jurisdiction. Justice Rueda Leal dissents, arguing that more evidence is needed to determine if a constitutional violation occurred, emphasizing the priority of drinking water supply under Article 50 of the Constitution and the duty of entities to adapt to new demands.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1347251.json", "html_url": "/legal/doc/nexus-sen-1-0007-1347251", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1347251" }, { "id": "nexus-sen-1-0007-1347252", "citation": "Res. 35406-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on retroactive application of INVU subdivision guidelines", "title_es": "Amparo sobre aplicación retroactiva de lineamientos del INVU en fraccionamiento", "summary_en": "The Constitutional Chamber declares inadmissible the amparo action filed against the INVU and the Municipality of Osa. The claimants argued that the authorities retroactively applied new guidelines on urban-block segregations, approved in July 2023, to a subdivision proposal submitted on July 6, 2023. The Chamber holds that the issue is one of ordinary legality — whether subdivision requirements are met and which rules apply — and does not directly involve a violation of fundamental rights. It states that amparo is not the mechanism to control the correct application of law or to determine the applicable rules over time, and refers the parties to the ordinary administrative or judicial channels to litigate the merits.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "procedural-environmental" ], "date": "28/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1347252.json", "html_url": "/legal/doc/nexus-sen-1-0007-1347252", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1347252" }, { "id": "nexus-sen-1-0007-1347800", "citation": "Res. 36074-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Agenda 2030 as an International Treaty: Information Request Not Amenable to Amparo", "title_es": "Agenda 2030 como tratado internacional: solicitud de información no amparable", "summary_en": "The Constitutional Chamber rejects an amparo action filed by a foundation against the Legislative Assembly regarding an allegedly evasive response to a request for information on whether the 2030 Agenda and Sustainable Development Goals (SDGs) underwent the constitutional procedure for treaty approval. The majority considers the claim to be a disagreement with the response rather than a denial or omission, and reiterates its jurisprudence that requests for legal criteria and regulations do not fall under the protection of Articles 27 or 30 of the Constitution, as they are mere statutory rights. Magistrate Rueda Leal dissents, arguing that there was indeed an omission to answer several points and that in environmental matters the Chamber has accepted vicarious standing, so the claim should have been examined on the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1347800.json", "html_url": "/legal/doc/nexus-sen-1-0007-1347800", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1347800" }, { "id": "nexus-sen-1-0007-1347808", "citation": "Res. 28806-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Order to resolve wastewater complaint in Cachí", "title_es": "Orden de resolución de denuncia por aguas residuales en Cachí", "summary_en": "The Constitutional Chamber hears an amparo filed by a resident of Cachí de Paraíso, Cartago, who alleges that an open ditch on her property carries wastewater from neighboring homes, causing stagnant sewage and health and environmental problems for her family (elderly mother and minor children). The complainant filed complaints with the Ministry of Health and the Municipality of Paraíso in April 2025 but had received no definitive response by the time the amparo was filed (July 2025). During the proceeding, the Health Area conducted an inspection and issued a technical report showing the need for inter-institutional coordination to determine the source of the water and address stormwater management. The Chamber grants the amparo, ordering both entities to coordinate and definitively resolve the complaint within one month, notifying the petitioner of the decision. The State and the Municipality are ordered to pay costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1347808.json", "html_url": "/legal/doc/nexus-sen-1-0007-1347808", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1347808" }, { "id": "nexus-sen-1-0007-1347815", "citation": "Res. 35642-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Compliance with sanitary order in educational center", "title_es": "Cumplimiento de orden sanitaria en centro educativo", "summary_en": "The Constitutional Chamber hears an amparo filed by the parent of a student at the Colegio Técnico Profesional de Puerto Viejo de Sarapiquí, denouncing non-compliance with sanitary order N°ARS-STCHP-01-2022 issued by the Sarapiquí Health Area. The school has serious structural and sanitary deficiencies: flooding classrooms, loss of furniture and teaching materials, and risk to the physical integrity of students and teachers. Although the Ministry of Public Education presented an improvement plan in 2022 and has an approved budget since July 2025, the works have not been carried out. The Ministry of Health verified in March 2025 that the sanitary order remained unfulfilled, though closing the school requires authorization from the General Health Directorate due to high social impact. The Chamber grants the amparo, ordering the Director of Educational Infrastructure to draw up an immediate remedial plan, carry out the improvements within six months after approval by Health, and adopt provisional measures within one month to ensure educational continuity under safe conditions. It also orders the Health Area to periodically verify compliance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1347815.json", "html_url": "/legal/doc/nexus-sen-1-0007-1347815", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1347815" }, { "id": "nexus-sen-1-0007-1347818", "citation": "Res. 35753-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must resolve illegal dump on public road despite budget constraints", "title_es": "Municipalidad debe resolver botadero ilegal de basura en vía pública pese a falta de presupuesto", "summary_en": "The Constitutional Chamber heard an amparo brought by a resident of Alajuelita against the Municipality of Alajuelita, alleging that for months an illegal and disproportionate garbage dump had persisted on the public road in front of her house, despite multiple complaints. The petitioner at least requested the installation of a prohibition sign. The Municipality responded that it had no budget or signs, and offered no other solution. The Chamber found that the local administration had taken no effective action to address the problem, merely stating a lack of resources without establishing a plan or timeline. The omission was held to violate the right to a healthy and ecologically balanced environment, as well as quality of life and health. Consequently, the amparo was granted and the Municipality was ordered, within three months, to coordinate and take the necessary measures to resolve the illegal dump, with penalties for non-compliance.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1347818.json", "html_url": "/legal/doc/nexus-sen-1-0007-1347818", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1347818" }, { "id": "nexus-sen-1-0007-1347824", "citation": "Res. 35872-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SENASA Must Notify Complainant of Inspection Results", "title_es": "SENASA debe notificar al denunciante los resultados de inspecciones", "summary_en": "The Constitutional Chamber heard an amparo action against the National Animal Health Service (SENASA) for alleged inaction regarding complaints about a cattle pen near the petitioner's home causing foul odors, fly proliferation, and health risks. Although SENASA conducted three on-site inspections and ultimately ordered the suspension of livestock activities and relocation of the animals for lack of an Operating Veterinary Certificate, the Chamber found that SENASA failed to notify the complainant of the inspection results and measures taken. This lack of communication breached the principle of publicity and the duty to state reasons for administrative acts. The amparo was granted, ordering SENASA to formally notify the petitioner of all inspection outcomes, inform on compliance with the suspension and relocation, and ordering the State to pay costs, damages, and losses. The ruling centered on the administrative omission of information and follow-up, not on the truth of the alleged nuisances, which was not substantively adjudicated.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1347824.json", "html_url": "/legal/doc/nexus-sen-1-0007-1347824", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1347824" }, { "id": "nexus-sen-1-0007-1347835", "citation": "Res. 35635-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal Omission in Bridge Construction Violates Right to Timely Justice", "title_es": "Omisión municipal en la construcción de puente vulnera el derecho a justicia pronta", "summary_en": "The Constitutional Court hears an amparo action filed by residents of Santa Fe de Cóbano against the District Municipal Council for the delay in building a bridge and maintaining roads, requested since 2011. The court finds that, although road maintenance has been provided, 14 years have passed without starting the bridge works, which it deems unreasonable and a violation of the right to prompt and complete administrative justice under Article 41 of the Constitution. It grants the amparo partially, ordering the municipal mayor to definitively resolve the construction of the bridge and related works within 24 months, under penalty of disobedience. The municipality is ordered to pay costs, damages, and losses. The ruling includes a separate opinion by Justice Salazar, who admits an exception to the principle of remitting such cases to administrative litigation because the residents' life and physical integrity are at risk.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1347835.json", "html_url": "/legal/doc/nexus-sen-1-0007-1347835", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1347835" }, { "id": "nexus-sen-1-0007-1349313", "citation": "Res. 36588-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Protection of drinking water from spring contamination due to inadequate storm drainage", "title_es": "Tutela del agua potable frente a contaminación de naciente por insuficiencia de alcantarillado pluvial", "summary_en": "The Constitutional Chamber hears an amparo filed by development associations from La Garita, Alajuela, against the Municipality of Alajuela. Since 2012, petitioners have reported ongoing contamination of drinking water from the Los Herrera spring caused by flooding from a stormwater channel collecting runoff from the El Coyol industrial zone. The Municipality acknowledged the issue, conducted hydrological studies, designed technical solutions, built perimeter protection works for the spring, and advanced a channelization project, yet had not achieved a definitive solution in over thirteen years. In 2023, the Municipal Council refused to declare the necessary expropriation for a drainage easement of public interest, temporarily blocking that route. At the time of filing, the Municipality was in the process of awarding a contract for a concrete barrier and a new tender, but provided no timeline for resolution. The Chamber finds that the delay exceeding ten years without resolving the complaint constitutes a disproportionate violation of the right to a prompt and concluded proceeding and the right to a healthy environment, grants the amparo, and orders the Municipality to take all actions within its powers to resolve the complaint within six months, under penalty of disobedience.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1349313.json", "html_url": "/legal/doc/nexus-sen-1-0007-1349313", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1349313" }, { "id": "nexus-sen-1-0007-1349316", "citation": "Res. 36599-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal omission in the reconstruction of bridge over Savegre River", "title_es": "Omisión municipal en la reconstrucción de puente sobre el río Savegre", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by the Neighborhood Association of Río Blanco de Savegre against the municipalities of Dota and Pérez Zeledón for their failure to reconstruct the bridge over the Savegre River, destroyed by Tropical Storm Nate in October 2017. The improvised crossing system—a cable, pulley, and basket—exposes residents to serious risks of accidents and loss of life, particularly affecting minors, older adults, and those needing access to basic services. The Chamber found that, despite institutional coordination meetings, the municipalities had not taken concrete actions nor established a timeline with firm dates to solve the problem. It held that this violated the fundamental rights of the community members and granted the amparo, ordering both municipalities to complete the full reconstruction of the road structure within twelve months, ensuring safe and continuous transit and accessibility. The decision rests on Articles 169 and 170 of the Political Constitution, which require municipalities to administer local services and interests to make the life of the population comfortable and safe.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1349316.json", "html_url": "/legal/doc/nexus-sen-1-0007-1349316", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1349316" }, { "id": "nexus-sen-1-0007-1349322", "citation": "Res. 36638-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Expropriation delay for private lot inside Las Baulas Marine National Park violates property rights", "title_es": "Demora en expropiación de finca en Parque Nacional Marino Las Baulas viola derecho de propiedad", "summary_en": "The Constitutional Chamber hears an amparo filed by the president of El Pelícano Marino S.A., registered owner of property 43135-000 located within Las Baulas Marine National Park. The petitioner claims that expropriation proceedings began in 2021 and she accepted the appraisal in 2022, but on January 24, 2024, the Tempisque Conservation Area (SINAC) suspended the expropriation based on legal opinion DAJ-MINAE-1074-2023, which advised abstaining until the property’s registration status was clarified to avoid nullities. The Chamber notes that more than a year and a half elapsed without resuming the process, and only after notification of the amparo did authorities take some steps to complete the cadastral map and legal studies. Citing precedents 2008-007549 and 2016-012501, the Chamber holds that unjustified delay in expropriating private lands within the park violates rights protected by articles 21 and 50 of the Constitution. It grants the amparo and orders SINAC authorities to immediately resume expropriation of the property, warning that failure to comply may result in sanctions under article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1349322.json", "html_url": "/legal/doc/nexus-sen-1-0007-1349322", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1349322" }, { "id": "nexus-sen-1-0007-1349387", "citation": "Res. 36585-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber orders compliance with Decree 43368 on Bicentennial Marine Management Area", "title_es": "Sala Constitucional ordena cumplir Decreto 43368 sobre Área Marina de Manejo del Bicentenario", "summary_en": "The Constitutional Chamber granted an amparo action against MINAE and SINAC for failing to comply with Articles 5 and 6 of Executive Decree No. 43368-MINAE. The decree required mobilizing resources to strengthen the Coco Marine Conservation Area, preparing the General Management Plans for Cocos Island National Park and the Bicentennial Marine Management Area, issuing Public Use Regulations, and formulating a Fisheries Management Plan. Despite some progress, none of these instruments had been finalized or published. The Chamber held that this regulatory inaction undermined sustainable management of marine and terrestrial ecosystems, violating the right to a healthy environment (Art. 50 Constitution) and the rights to environmental information and public participation (Arts. 27 and 30). It ordered compliance within twelve months, under warning of criminal sanctions, and awarded costs, damages, and losses.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1349387.json", "html_url": "/legal/doc/nexus-sen-1-0007-1349387", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1349387" }, { "id": "nexus-sen-1-0007-1349396", "citation": "Res. 92528-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutionality action against the special regime of the Papagayo Gulf Tourism Project", "title_es": "Acción de inconstitucionalidad contra el régimen de excepción del Proyecto Turístico Golfo de Papagayo", "summary_en": "The Constitutional Chamber admits for study an unconstitutionality action filed by a lawyer in defense of the diffuse interest in a healthy environment. Multiple norms that create an exceptional regime for the Papagayo Gulf Tourism Project, administered by the Costa Rican Tourism Institute (ICT), are challenged. The petitioner argues that these norms —including Article 74 of the Maritime-Terrestrial Zone Law, project-specific laws and decrees, and regulatory provisions— violate the principles of non-regression, progressivity, objectification, and irreducibility of ecosystems, as well as the rights to a healthy climate and an ecologically balanced environment. The challenge asserts that continuous and uninterrupted administration by the ICT of a broad coastal strip, without excluding areas that are State Natural Heritage (forests, wetlands, mangroves), allows concessions for tourism developments that destroy forest cover and fragment biological corridors. A national-interest decree is also challenged for allegedly permitting land-use change on forested state lands, along with occupancy parameters of the Master Plan that lack scientific basis. The Chamber grants a hearing to the respondent authorities and orders publication of the legal notice, clarifying that the filing of the action does not stay the general validity of the challenged norms.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "forestry-law-7575" ], "date": "13/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1349396.json", "html_url": "/legal/doc/nexus-sen-1-0007-1349396", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1349396" }, { "id": "nexus-sen-1-0007-1349956", "citation": "Res. 36241-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Accumulation of amparos regarding logging in Finca El Maderal", "title_es": "Acumulación de amparos sobre tala en Finca El Maderal", "summary_en": "The Constitutional Chamber issues a procedural ruling in an amparo action brought by residents of Mata de Plátano district, Goicoechea, against the municipalities of San José and Goicoechea, and the Ministry of Health. The petitioners allege that the Municipality of San José, through a reduced bidding process, authorized the felling of trees on Finca El Maderal, a twelve-hectare property with secondary forest, water springs, streams, and ravines, bordering the Torres River. They contend that this logging is intended to make way for a Recuperation Center for Valuable Waste, which they deem a violation of the right to a healthy and ecologically balanced environment. Finding that the facts are closely related to those raised in another amparo under file number 25-027760-0007-CO — both concerning the same farm and project — the Chamber orders the accumulation of this matter to that file to avoid contradictory rulings. The resolution does not address the merits of the dispute, limiting itself to the procedural order of accumulation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575", "water-law" ], "date": "04/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1349956.json", "html_url": "/legal/doc/nexus-sen-1-0007-1349956", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1349956" }, { "id": "nexus-sen-1-0007-1349993", "citation": "Res. 37542-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Third amparo for pollution from El Río residential complex tank in Liberia", "title_es": "Tercer amparo por contaminación del tanque del Residencial El Río en Liberia", "summary_en": "The petitioner, a resident of the Camino de Luna residential complex in Liberia, files her third amparo in nine years over environmental pollution caused by the malfunctioning wastewater storage and treatment tank of the El Río residential complex. She claims that the cesspool overflows into the Liberia River and neighboring lots, producing foul odors, gases, proliferation of insects and rodents, and that fecal waste is extracted precariously using an external manual pump, connected without authorization to the public sewer system of ICAA. The Constitutional Chamber finds that the Ministry of Health has failed in its duties of surveillance and control, having not solved the problem definitively despite knowing about it since 2015 and two prior judgments ordering it to act. It also holds the Municipality of Liberia responsible, in its role as guarantor of local interests, for not monitoring or coordinating actions regarding the serious pollution source. In contrast, it exempts ICAA because the pumping station has not been formally received by that institution and its competence is limited to maintaining its own infrastructure. The Chamber grants the amparo against the Ministry of Health and the Municipality of Liberia, ordering them to coordinate a comprehensive and definitive solution within six months. Justice Garro Vargas partially dissents regarding the enforcement of the judgment, which she believes should be lodged in the contentious-administrative jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1349993.json", "html_url": "/legal/doc/nexus-sen-1-0007-1349993", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1349993" }, { "id": "nexus-sen-1-0007-1349994", "citation": "Res. 37545-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for poor condition of public road and bridge in Piedades, Santa Ana", "title_es": "Amparo por mal estado de camino público y puente en Piedades de Santa Ana", "summary_en": "Residents of Piedades, Santa Ana, filed an amparo against the Municipality of Santa Ana for the poor condition of a public road and a bridge on Calle Los Millonarios, a situation known since 2017. The Constitutional Chamber granted the amparo because, although the municipality has carried out maintenance works, the problem has not been definitively resolved and the residents did not receive formal notification detailing the municipal actions. The Chamber orders that, within six months, the road and bridge situation be fully resolved, and that within ten days, a formal response be notified to the residents. The municipality is ordered to pay costs and damages. Separate notes by magistrates address jurisdiction and enforcement of the judgment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1349994.json", "html_url": "/legal/doc/nexus-sen-1-0007-1349994", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1349994" }, { "id": "nexus-sen-1-0007-1349995", "citation": "Res. 37551-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal Inaction in Protecting the Maritime-Terrestrial Zone of Playa Dominical", "title_es": "Inacción municipal en la tutela de la zona marítimo terrestre de Playa Dominical", "summary_en": "The Constitutional Chamber reviews a writ of amparo filed by a citizen against the Municipality of Osa for inaction in protecting the maritime-terrestrial zone (ZMT) of Playa Dominical. The petitioner reported illegal occupation of public domain lands, accompanied by criminal activities such as robberies, drug dealing, and homicide, and requested evictions and demolitions. Although the municipality provided evidence of prior evictions, the Chamber finds that offenders reoffend and that the specific complaint of May 19, 2025, had not been definitively resolved, with a tardy and insufficient response. The Chamber holds that the municipal administration cannot justify its failure to fulfill its legal duties to safeguard the ZMT based on a lack of resources or the territory's complexity, as required by Articles 3 and 13 of the Maritime-Terrestrial Zone Law. Consequently, it grants the amparo and orders the municipality to address, process, and inspect the reported area, take all necessary measures to ensure the ZMT is respected, and notify the petitioner of the outcome within four months, under warning of disobedience.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1349995.json", "html_url": "/legal/doc/nexus-sen-1-0007-1349995", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1349995" }, { "id": "nexus-sen-1-0007-1349996", "citation": "Res. 37558-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Municipal and CONAVI Inaction Regarding Stormwater Diversion and Landslide Risk", "title_es": "Amparo por inacción municipal y del CONAVI ante desvío de aguas pluviales y riesgo de derrumbes", "summary_en": "Residents of Estanquillos, San Mateo, filed an amparo against the Municipality of San Mateo and CONAVI, alleging that since February 2024 a housing development has diverted stormwater and wastewater onto their properties, causing damage to the sole access road and creating a landslide risk. Despite multiple complaints and efforts since April 2024, the respondent authorities had not provided a definitive solution. Inconsistencies persisted between the executed works and the permits granted, and institutional responsibility remained unclear. The Constitutional Chamber found that the delay of over eighteen months without resolving the complaint was disproportionate, and the reported harm continued. The amparo was granted, ordering both entities to carry out, within six months, the necessary verifications and inter-institutional coordination to definitively resolve the issue, and to formally inform the petitioners of the resolution. The respondents were ordered to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1349996.json", "html_url": "/legal/doc/nexus-sen-1-0007-1349996", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1349996" }, { "id": "nexus-sen-1-0007-1350008", "citation": "Res. 37453-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Summary dismissal of action against Art. 146 of the Electoral Code", "title_es": "Rechazo de plano de acción contra el art. 146 del Código Electoral", "summary_en": "The Constitutional Chamber summarily dismisses a constitutional challenge against Article 146 of the Electoral Code, which prohibits political militancy by high-ranking public officials and empowers the Supreme Electoral Tribunal to remove and disqualify them. The claimant argued that the provision violates constitutional supremacy, usurps the powers of the Legislative Assembly, and breaches the immunity of officials such as the President. However, the Chamber found that the claimant lacks standing, having merely invoked a diffuse interest without explaining or arguing its basis. Relying on a recent precedent (Ruling 2025-027342), the Chamber reiterates that Article 146 is susceptible to individual and direct application to an identifiable group, thus ruling out the defense of diffuse interests. As no prior pending case existed to confer incidental standing, the action is inadmissible. Separate reasons by Justice Rueda Leal and a note by Justice Garro Vargas on the improper use of the 'cloak' of diffuse interest are recorded.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1350008.json", "html_url": "/legal/doc/nexus-sen-1-0007-1350008", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1350008" }, { "id": "nexus-sen-1-0007-1350009", "citation": "Res. 37456-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of action against circular MH-TN-009-2024 on automatic deductions", "title_es": "Inadmisibilidad de acción contra circular MH-TN-009-2024 sobre deducciones automáticas", "summary_en": "The Constitutional Chamber flatly rejected a constitutional challenge filed by a retired teacher against circular MH-TN-009-2024 of the National Treasury regulating automatic payroll deductions. The petitioner argued the circular violated constitutional rights (Articles 11, 39, 41, 45, 50, 73) and principles of legality and due process by allowing deductions without prior verification or procedural safeguards. The Chamber held the petitioner lacked standing: defending the interests of a specific group (pensioners) does not qualify as a diffuse interest, which is reserved for matters of profound social relevance (environment, cultural heritage, etc.) and cannot be invoked when the norm is susceptible to individual application. Affected individuals can pursue administrative or judicial remedies and then bring an incidental challenge. The majority dismissed the action; Justices Cruz Castro and Rueda Leal concurred with separate reasons, and Justice Garro Vargas noted that diffuse-interest standing should not be used as a guise to bypass the incidental route.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1350009.json", "html_url": "/legal/doc/nexus-sen-1-0007-1350009", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1350009" }, { "id": "nexus-sen-1-0007-1350010", "citation": "Res. 37464-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Unconstitutionality Action on Private Hearings in Electoral Sanctioning Procedure", "title_es": "Inadmisibilidad de acción de inconstitucionalidad sobre audiencias privadas en procedimiento sancionador electoral", "summary_en": "The Constitutional Chamber flatly rejects an unconstitutionality action filed by an attorney against Articles 309 and 310 of the General Public Administration Act, as applied by reference from Article 269 of the Electoral Code for imposing the sanction under Article 146 of the same Code. The plaintiff argued that the privacy of hearings in ordinary administrative procedure, when applied to sanctions that have res judicata effect such as political disqualification, violates the principles of publicity, transparency, and citizen control derived from Articles 1 and 30 of the Political Constitution, invoking the defense of diffuse interests as standing. The Chamber, by majority, holds that the challenged norms admit individual and direct application to an identifiable group of persons, so it is not possible to invoke diffuse interests to bypass the requirement of a pending case. It concludes that the plaintiff lacks direct standing and rejects the action. Separate notes are entered by Judges Cruz Castro and Rueda Leal, who concur in dismissal but with different reasoning on diffuse interests, and by Judge Garro Vargas, who clarifies that the “mantle” of diffuse interest should not be used for admissibility purposes when individual interests underlie.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1350010.json", "html_url": "/legal/doc/nexus-sen-1-0007-1350010", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1350010" }, { "id": "nexus-sen-1-0007-1350011", "citation": "Res. 37490-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of action against failure of prior consultation for TCM", "title_es": "Inadmisibilidad de acción contra omisión de consulta previa TCM", "summary_en": "The Constitutional Chamber flatly rejects an unconstitutionality action filed by an Afro-descendant citizen against the failure to conduct prior consultation with tribal and indigenous communities in the Moín Container Terminal (TCM) project. The petitioner challenged specific administrative acts: the 2011 award agreement, the 2012 concession contract, and its endorsement. He alleged violations of ILO Convention 169, Article 50 of the Constitution (right to a healthy environment), and Article 7 (supremacy of treaties). The Chamber ruled that the action is inadmissible due to its object, as the challenged acts are neither general provisions nor subjective acts not amenable to habeas corpus or amparo, under Article 73 of the Constitutional Jurisdiction Law. The ruling does not address the merits of prior consultation or the project's environmental impact; it merely rejects the chosen procedural route.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "indigenous-law-6172", "procedural-environmental" ], "date": "12/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1350011.json", "html_url": "/legal/doc/nexus-sen-1-0007-1350011", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1350011" }, { "id": "nexus-sen-1-0007-1350252", "citation": "Res. 92531-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Challenge to Decree 44710-MINAE for omission of geological protocols", "title_es": "Impugnación del Decreto 44710-MINAE por omisión de protocolos geológicos", "summary_en": "The Constitutional Chamber admits for review an unconstitutionality action against Article 31 of Executive Decree 44710-MINAE, which regulates the incorporation of environmental variables into territorial planning. The plaintiffs claim the new decree, by repealing Decree 32967-MINAE, unjustifiably eliminated two key instruments: the Protocol on Land-Use Zoning near Active Geological Faults and the geological map and Lithopetrophysical Geoaptitude IFA variable. They argue this omission violates the principles of non-regression, progressivity, precaution, and objectivity, as well as rights to information and public participation, endangering life, ecosystems, and biodiversity. The Chamber grants a hearing to the Attorney General, SETENA, and MINAE, orders a legal notice publication, and does not suspend the decree’s general effectiveness. This is a preliminary admission; the merits remain pending.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1350252.json", "html_url": "/legal/doc/nexus-sen-1-0007-1350252", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1350252" }, { "id": "nexus-sen-1-0007-1350280", "citation": "Res. 30562-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Hacienda San Rafael quarry and cantonal bridge in La Unión", "title_es": "Amparo contra tajo Hacienda San Rafael y puente cantonal en La Unión", "summary_en": "The Constitutional Chamber denies an amparo action filed by a neighbor of La Unión against several public authorities, alleging a violation of the right to a healthy and ecologically balanced environment due to the operation of the Hacienda San Rafael quarry. The plaintiff complained of landslide risk on the Chiquito River, overweight on the cantonal bridge, dust, noise, and health impacts. The Chamber analyzed each authority’s conduct: the National Emergency Commission demonstrated ongoing monitoring and technical recommendations; SETENA granted environmental viability and recently addressed complaints by imposing a precautionary suspension and opening a sanctioning procedure; the Ministry of Health renewed permits and handled prior complaints; the Municipality closed unlicensed works and sought suspensions, while the nullity of the municipal license had already been decided with res judicata by the administrative court; and the Geology and Mines Directorate proved exploitation plan compliance. The Chamber found no omission or violation of Article 50 of the Constitution, emphasizing interinstitutional coordination and diligence. On noise, dust, and bridge weight, it referred the plaintiff to file complaints with the Ministry of Health and the MOPT.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "environmental-law-7554", "procedural-environmental" ], "date": "23/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1350280.json", "html_url": "/legal/doc/nexus-sen-1-0007-1350280", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1350280" }, { "id": "nexus-sen-1-0007-1350292", "citation": "Res. 38330-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal agreement applying management policies without a regulatory plan, summarily dismissed", "title_es": "Acuerdo municipal que aplica políticas de manejo en ausencia de plan regulador, rechazado de plano", "summary_en": "The Constitutional Chamber summarily dismissed an action of unconstitutionality against Agreement No. 2 of the Municipal Council of San Rafael de Heredia (August 12, 2024), which approved the Management Policies (Phase 3) of the Hydrogeological Studies Project. The plaintiff argued that the agreement violated the right to a healthy environment, citizen participation, and landscape protection by applying land-use policies without completing the cantonal regulatory plan or complying with legal procedures (public hearing, SETENA environmental viability), and by modifying GAM Plan restrictions (Decree 25902) and replacing a water protection matrix recommended by SENARA. The Chamber held that the challenge regarding the legality of the agreement’s approval procedure—whether it complies with the Urban Planning Law—is not a matter for an unconstitutionality action but rather one of ordinary legality, and that the application lacked clear and precise reasoning on the alleged constitutional infringement, rendering it manifestly inadmissible. Two justices dissented, deeming the dismissal premature and ordering that the plaintiff be given notice to cure deficiencies under Article 80 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1350292.json", "html_url": "/legal/doc/nexus-sen-1-0007-1350292", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1350292" }, { "id": "nexus-sen-1-0007-1350641", "citation": "Res. 38435-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Tree marking threat in maritime-terrestrial zone triggers precautionary principle investigation", "title_es": "Amenaza de tala de árboles en zona marítimo terrestre requiere investigación y aplicación del principio precautorio", "summary_en": "The Constitutional Court reviews an amparo against the Municipality of Santa Cruz and MINAE (SINAC) regarding the marking of over 120 trees in the public zone of the Maritime-Terrestrial Zone of Brasilito Beach, allegedly linked to a road improvement donation agreement with a private developer. Although the municipality claimed it never authorized any tree felling and suspended the agreement, the Court found that the trees were indeed marked and that neither the municipality nor SINAC initiated an official investigation to determine responsibility. The mere removal of the markings, without further investigative action, constituted an omission violating the right to a healthy environment. Applying the precautionary, preventive, pro natura, and non-regression principles, the Court orders the immediate commencement of an administrative procedure to clarify the facts, identify those responsible, and issue precautionary measures to prevent any unauthorized tree felling. Claims regarding citizen participation, the alleged privatization of beach access, and other points were dismissed. Costs were awarded against the respondent authorities.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "art-50-constitution", "forestry-law-7575", "procedural-environmental" ], "date": "21/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1350641.json", "html_url": "/legal/doc/nexus-sen-1-0007-1350641", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1350641" }, { "id": "nexus-sen-1-0007-1351405", "citation": "Res. 39249-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of unconstitutionality action against Decree 44863-MEIC on medication margins", "title_es": "Inadmisibilidad de acción de inconstitucionalidad contra Decreto 44863-MEIC sobre márgenes de medicamentos", "summary_en": "The Constitutional Chamber (Sala Constitucional) summarily dismissed the unconstitutionality action filed by Droguería Infarma S.A. against Executive Decree 44863-MEIC, which regulates maximum gross commercialization margins for all medications registered with the Ministry of Health. The company alleged violations of the principles of reasonableness and proportionality, freedom of commerce, free competition, and the right to health, arguing that setting gross margins without considering actual distribution and storage costs caused financial losses, posed risks of shortages, and encouraged collusive practices. The Chamber found that the application failed to provide an individualized analysis of each provision of the decree, relying instead on generic objections, and did not meet the argumentative burden required by Article 78 of the Constitutional Jurisdiction Law. Moreover, the invocation of unconstitutionality in the underlying case was insufficient, lacking concrete reasons identifying which constitutional norms were infringed. It rejected standing based on diffuse interests, as the company's personal and direct interest predominated, making the claim amenable to individual legal action. The decision was unanimous in dismissing the action, though Justices Cruz Castro and Rueda Leal issued separate concurring opinions on the scope of diffuse interests.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351405.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351405", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351405" }, { "id": "nexus-sen-1-0007-1351432", "citation": "Res. 39537-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for noise pollution granted against Ministry of Health", "title_es": "Amparo por contaminación sónica con lugar contra Ministerio de Salud", "summary_en": "The Constitutional Chamber hears an amparo filed against the Municipality of Liberia and the Ministry of Health for noise pollution from a restaurant in a residential zone. The petitioner argues that despite multiple complaints, the authorities have not taken effective action to mitigate the noise, violating his right to a healthy environment. The Chamber finds that while the Ministry of Health has conducted various technical actions (measurements, sanitary order, review of noise confinement plans), it failed to timely inform the petitioner of the procedural status, especially regarding the consultation with the CFIA to verify the professional competence of the plan signatory. This omission leaves the petitioner defenseless and creates uncertainty. Therefore, it grants the amparo against the Ministry, ordering complete, clear, and reasoned information and diligent continuation of the process. Regarding the Municipality, it denies the amparo as no attributable harm is shown, since it acted within its powers and noise evaluation falls under the Ministry of Health's purview.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351432.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351432", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351432" }, { "id": "nexus-sen-1-0007-1351441", "citation": "Res. 39470-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on overcrowding in Operation Soberanía 2.0", "title_es": "Amparo sobre hacinamiento en Operación Soberanía 2.0", "summary_en": "The Constitutional Chamber heard an amparo filed by three border police officers assigned to Operation Soberanía 2.0 in Moín, Limón, against the Ministry of Public Security. The plaintiffs alleged that they worked in unsanitary facilities with pests, smoke, lack of drinking water, and overcrowding; that a colleague fell ill from rat-urine bacteria and was denied medical care; that they were denied work transfers despite personal circumstances (high-risk pregnancy, single motherhood, child care); and that a circular excluded operation personnel from a promotion course, violating the equality principle. The Chamber partially granted the amparo only regarding verified overcrowding, ordering the Ministry to definitively resolve it within three months as per a remedial plan approved by the Health authority, and the Limón Rector Health Area to verify compliance. It dismissed the remaining claims: unsanitary conditions, lack of water, pests and smoke were disproved by a Health Ministry inspection; medical care was timely provided; transfers for two plaintiffs were already approved or in progress before amparo notification; and the course exclusion did not show discriminatory treatment due to lack of comparators. The State was ordered to pay costs, damages, and losses. Justice Salazar Alvarado issues a separate opinion stating that in environmental matters, if the administration has already acted, the administrative contentious jurisdiction should hear them, unless other fundamental rights are affected.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351441.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351441", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351441" }, { "id": "nexus-sen-1-0007-1351447", "citation": "Res. 39396-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Trash collection in rural community El Salto Viejo", "title_es": "Recolección de basura en comunidad rural El Salto Viejo", "summary_en": "The Constitutional Chamber reviewed an amparo filed by residents of El Salto Viejo, a community on the border between Liberia and Bagaces. The claimants argued that poor road conditions prevented access to public transport, garbage collection, and emergency vehicles. The Chamber dismissed the road infrastructure claim after confirming that both municipalities had carried out maintenance and improvements. However, it partially granted the amparo against the Municipality of Liberia for failing to provide solid waste collection in the community. The Chamber reiterated that municipal governments have a constitutional duty (Article 169) to safeguard local interests and services, including waste collection and disposal, and that citizens should not bear administrative failures. It ordered Liberia to coordinate and execute, within one month, the necessary actions to extend trash collection to El Salto Viejo. The municipality was also ordered to pay costs, damages, and losses.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "_off-topic" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351447.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351447", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351447" }, { "id": "nexus-sen-1-0007-1351448", "citation": "Res. 39367-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber orders ban on anchored FADs in sport and tourist fishing", "title_es": "Sala Constitucional ordena impedir uso de FADs anclados en pesca deportiva y turística", "summary_en": "The Constitutional Chamber heard an amparo action against INCOPESCA, the National Coast Guard Service, and the Maritime-Port Division of MOPT, for allegedly failing to regulate and control the use of fish aggregating devices anchored to the seabed (FADs or “plantados”) in sport and tourist fishing. Although official inspections did not locate the devices, the Chamber found sufficient evidence of the practice, such as internet advertising and the authorities' admission that inspections were carried out without proper equipment (diving or sonar). Applying the precautionary principle, it held that lack of absolute certainty could not justify State inaction in the face of an activity potentially causing serious and irreversible harm to marine ecosystems. It granted the amparo and ordered the respondent institutions, within three months, to take all necessary actions within their powers to prevent fishing with anchored FADs. The decision includes dissenting votes arguing the case should have been heard by the administrative court, or that the existence of the devices was not proven.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "art-50-constitution", "wildlife-law-7317", "procedural-environmental" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351448.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351448", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351448" }, { "id": "nexus-sen-1-0007-1351722", "citation": "Res. 40245-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must resolve environmental complaint regarding constructions in a river protection zone", "title_es": "Municipalidad debe resolver denuncia ambiental sobre construcciones en zona de protección de río", "summary_en": "The Constitutional Chamber (Sala Constitucional) hears an amparo action against the Municipality of Goicoechea filed by a citizen who reported the alleged invasion of a river protection zone by houses near a bridge connecting the cantons of Goicoechea and Vázquez de Coronado. The Chamber finds that, although the municipality replied by forwarding the matter to SINAC-MINAE to verify environmental damage, it never informed the petitioner of the outcome of that referral or whether the constructions were truly within the protected area. The response was therefore incongruent with the request, violating the rights of petition and timely administrative justice. The Chamber admits a third-party intervention as coadjuvant and, despite one judge's dissenting view that the matter belongs to the administrative jurisdiction, the majority grants the amparo, ordering the mayor to resolve the complaint within a non-extendable two-month period.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "05/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351722.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351722", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351722" }, { "id": "nexus-sen-1-0007-1351724", "citation": "Res. 40256-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "AyA and maintenance of pumping station in El Malinche residential complex", "title_es": "AyA y mantenimiento de estación de bombeo en residencial El Malinche", "summary_en": "The Constitutional Chamber heard an amparo action filed by a resident of the El Malinche Residential Project against the Costa Rican Institute of Aqueducts and Sewers (AyA). The plaintiff alleged that AyA failed to provide adequate maintenance of the wastewater pumping station in the residential complex, causing foul odors, lack of electricity, and risks to public health and the environment. She claimed that the developer had stopped maintaining the infrastructure in January 2025 and that AyA took over the operation unexpectedly, charging for the service without ensuring optimal functioning.\n\nAfter analyzing the sworn reports from AyA and the Santa Cruz Health Area, the Chamber found that the infrastructure is a pumping station, not a treatment plant. AyA proved that it took over the operation in February 2025, complying with technical and administrative requirements, and has since carried out continuous preventive and corrective maintenance, including cleaning with a vacuum truck and immediate attention to citizen reports. The Ministry of Health verified that there are no unsanitary conditions, foul odors, or health risks at the site.\n\nThe Chamber concluded that no violation of fundamental rights was proven, and therefore declared the appeal without merit. The ruling includes a note by Justice Castillo Víquez on jurisdiction over matters of prompt and completed administrative justice, and a note by Justice Salazar Alvarado on the admissibility of amparo in environmental matters when rights such as health and a healthy environment are at stake, even when prior administrative intervention exists.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351724.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351724", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351724" }, { "id": "nexus-sen-1-0007-1351746", "citation": "Res. 40620-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Arrest of activist in environmental eviction without excessive force", "title_es": "Detención de activista en desalojo ambiental sin uso desproporcionado de fuerza", "summary_en": "The Constitutional Chamber denied a habeas corpus petition filed on behalf of a woman arrested during a judicial eviction in the community of Chorreras, Cutris de San Carlos. The eviction, ordered in case 25-000857-0306-PE for invasion of the Refugio Nacional de Vida Silvestre Corredor Fronterizo, involved authorities such as SINAC, Public Force, and the Prosecutor’s Office. The detainee, who claimed to be a lawyer without proof, incited occupants not to leave voluntarily, insulted officers, and resisted, leading to her apprehension. The Chamber found no excessive force or enforced disappearance; the arrest was based on flagrancy and she was placed at the disposal of the Flagrancy Prosecutor’s Office in San Carlos, which opened a case for resistance. The ruling illustrates the limits of habeas corpus in environmental eviction contexts when police action complies with Article 235 of the Code of Criminal Procedure and subsequent judicial oversight exists.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351746.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351746", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351746" }, { "id": "nexus-sen-1-0007-1351803", "citation": "Res. 35727-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC's Refusal to Provide Inspection Report Due to Ongoing Criminal Case", "title_es": "Negativa de SINAC a entregar informe de inspección por existir causa penal", "summary_en": "The Constitutional Chamber heard an amparo filed by a civic association against SINAC for refusing to provide a report on findings from an inspection carried out in a forested area in Cóbano, Puntarenas. SINAC argued that it could not disclose information because a criminal case was underway. The petitioner also claimed that SINAC failed to address a new complaint regarding ongoing environmental damage at the same site. Relying on a 2025 precedent, the Chamber held that the fact that an environmental matter is under judicial investigation does not relieve SINAC of its administrative duties or of the obligation to account to complainants, except for information protected under Article 295 of the Criminal Procedure Code. The amparo was partially granted, ordering SINAC to provide the information requested concerning the June 25, 2025 inspection and to resolve the new complaint filed on July 17, 2025. The claim was denied with respect to the query about the existence of a stop-work order, since SINAC had already responded.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351803.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351803", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351803" }, { "id": "nexus-sen-1-0007-1351872", "citation": "Res. 35949-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response to environmental complaint about Río Ipís protection zone", "title_es": "Amparo por falta de respuesta a denuncia ambiental sobre zona de protección del río Ipís", "summary_en": "The Constitutional Chamber ruled on an amparo filed against the Municipality of Moravia for its failure to respond to a complaint filed in December 2024 regarding possible constructions within the Río Ipís protection zone. The petitioner claimed a violation of the right to petition, since the municipality had not addressed his environmental complaint. The Chamber found that while the municipality issued a request for more details in March 2025, that request was satisfied by the petitioner in April 2025, and yet no substantive response had been provided nor any actions taken to verify the reported situation. The Chamber concluded that the fundamental right to petition had been violated, granted the amparo, and ordered the mayor of Moravia to, within two months, coordinate and carry out all actions within his authority to resolve the complaint and notify the outcome. The municipality was ordered to pay costs, damages, and losses. The case aligns with the constitutional doctrine that allows amparo in environmental complaint matters, given the enhanced protection of the environment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351872.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351872", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351872" }, { "id": "nexus-sen-1-0007-1351902", "citation": "Res. 36039-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental guarantee refund before Banco Nacional", "title_es": "Devolución de garantía ambiental ante el Banco Nacional", "summary_en": "Estruconsult S.A. filed an amparo action against Banco Nacional de Costa Rica (BNCR) for refusing to refund an environmental guarantee deposited as a requirement for a construction project for the U.S. Embassy. The project was completed in 2023, all obligations were met, and SETENA authorized the refund. BNCR required a letter from the Minister of Public Security, which was provided, but the bank rejected it on the grounds that its wording did not exactly match the bank's template. Additionally, BNCR gave no response to the formal request. The Constitutional Chamber dismissed the appeal outright: it held that the dispute over the refund is a matter of ordinary legality to be resolved in the administrative contentious jurisdiction, not in constitutional proceedings. Regarding the alleged administrative delay, it also referred the matter to the administrative contentious jurisdiction under the new Administrative Contentious Procedure Code. Judge Rueda Leal added that the amparo is inadmissible because it was filed on behalf of a legal entity without demonstrating an essential link to a natural person. Judge Cruz Castro dissented on the issue of administrative delay, maintaining that the Chamber is competent to protect the right to prompt and complete justice under Article 41 of the Constitution.", "primary_topic_id": "_off-topic", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351902.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351902", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351902" }, { "id": "nexus-sen-1-0007-1351990", "citation": "Res. 36167-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal for duplicate pending amparo", "title_es": "Archivo por recurso idéntico en trámite", "summary_en": "This Constitutional Chamber ruling dismisses an amparo filed by a substitute judge of the Environmental Administrative Tribunal against MIDEPLAN. The petitioner claimed that MIDEPLAN’s delay in determining his global salary, due to consultations with other institutions, violated his constitutional rights. However, the Chamber finds that the same factual and legal issues are already being examined in another pending amparo (case file 25-030509-0007-CO). Applying Article 9 of the Constitutional Jurisdiction Law, the Chamber rejects the petition as manifestly unfounded, since allowing a new action on identical facts would risk contradictory rulings and unnecessarily delay the earlier proceeding, harming the petitioner’s own interests. The case is therefore ordered archived.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351990.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351990", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351990" }, { "id": "nexus-sen-1-0007-1351997", "citation": "Res. 36174-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative delay in municipal environmental matter referred to contentious-administrative jurisdiction", "title_es": "Mora administrativa municipal en gestión ambiental se remite a la vía contenciosa", "summary_en": "The Constitutional Chamber flatly dismisses an amparo appeal filed against the Municipality of Nicoya for failing to respond to two requests submitted to its Environmental Management Department. The appellant claimed a violation of the right to a prompt and fulfilled administrative procedure, after over a month without reply to his requests from August and September 2025. The Chamber determines that the requests are not pure information requests under Article 27 of the Constitution, but rather requests for prompt dispatch of an administrative procedure, governed by Article 41 of the Constitution. Following its jurisprudential line since 2008, it refers the claim of administrative delay to the contentious-administrative jurisdiction, considering it a matter of ordinary legality to be heard under the new Contentious-Administrative Procedure Code. Two dissenting votes are recorded: Magistrate Cruz Castro insists that administrative delay constitutes an injury to a fundamental right that the Chamber should protect, and Magistrate Rueda Leal orders the continuation of proceedings because, as the matter is environmental, the appellant should be warned to provide proof of his requests to rule out or establish a constitutional injury.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351997.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351997", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351997" }, { "id": "nexus-sen-1-0007-1351998", "citation": "Res. 36175-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for administrative delay rejected and referred to administrative litigation", "title_es": "Amparo por mora administrativa rechazado y remitido a la vía contenciosa", "summary_en": "The Constitutional Chamber hears an amparo against the Municipality of Nicoya for failure to respond to a request for an investigation regarding an official communication from the Environmental Management Department. The petitioner alleges violation of the right to prompt and complete administrative justice. The Chamber, by majority, dismisses the amparo outright, holding that determining whether the administration has breached statutory deadlines is a matter of ordinary legality to be heard before the administrative litigation courts, pursuant to the Administrative Litigation Procedure Code (Law No. 8508). It notes that the new administrative justice system provides speedy and effective mechanisms to protect substantive legal positions. Judge Cruz Castro dissents, maintaining that administrative delay infringes a fundamental right enshrined in Article 41 of the Constitution and should be directly protected by the Constitutional Chamber.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1351998.json", "html_url": "/legal/doc/nexus-sen-1-0007-1351998", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1351998" }, { "id": "nexus-sen-1-0007-1352029", "citation": "Res. 36208-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for premature environmental information request", "title_es": "Rechazo de amparo por solicitud de información ambiental prematura", "summary_en": "The Constitutional Chamber flatly dismisses an amparo appeal filed against the Ministry of Environment and Energy for failure to respond to an information request submitted on October 18, 2025. The Chamber finds that the claim concerns environmental matters, linked to the right to prompt and complete administrative justice (Article 41 of the Constitution), but the response period for such requests is deemed reasonable at two months, which had not elapsed when the appeal was filed on October 28, 2025. The amparo is therefore declared inadmissible as premature. Justice Rueda Leal issues separate concurring reasons, agreeing on dismissal for the same grounds and highlighting the connection to Article 50 of the Constitution.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1352029.json", "html_url": "/legal/doc/nexus-sen-1-0007-1352029", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1352029" }, { "id": "nexus-sen-1-0007-1352646", "citation": "Res. 22181-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of Gandoca-Manzanillo Refuge Management Plan due to lack of technical delimitation of State Natural Heritage", "title_es": "Anulación del Plan de Manejo del Refugio Gandoca-Manzanillo por falta de delimitación técnica del Patrimonio Natural del Estado", "summary_en": "The Constitutional Chamber granted the unconstitutionality action against the General Management Plan of the Gandoca-Manzanillo National Wildlife Refuge (2017-2026) and the MINAE Directive 09-2023. The Court annulled the Management Plan as unconstitutional, finding that it maintained the protected area delimitation based on Law 9223, whose boundaries regarding the forested area had been partially annulled in 2019 due to lack of technical studies. The Chamber determined that SINAC failed to comply with the order to technically delimit the forested area of the refuge, resulting in unprotection of State Natural Heritage and violation of the right to a healthy and ecologically balanced environment. The ministerial directive was also annulled for contradicting the Court's own rulings. The effects were tailored, keeping the Plan in force for one year to correct the defects. The action against the Coastal Regulatory Plan was dismissed as premature, since a new public hearing was pending.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "16/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1352646.json", "html_url": "/legal/doc/nexus-sen-1-0007-1352646", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1352646" }, { "id": "nexus-sen-1-0007-1352659", "citation": "Res. 40962-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of constitutional challenge to Public Sector Liquidity Management Law", "title_es": "Inadmisibilidad de acción contra Ley de Manejo de Liquidez del Sector Público", "summary_en": "The Constitutional Chamber flatly rejects a constitutional challenge brought by two social welfare associations serving older adults against several provisions of the Efficient Public Sector Liquidity Management Law (Law No. 10495). The plaintiffs alleged that the rules requiring private entities managing public funds to enter the Public Sector Accounts System (Single Treasury Account) violate the fundamental rights of older adults and their freedom of association. The Chamber finds that the action repeats a prior one (case 25-028225-0007-CO) already rejected. It holds that the plaintiffs lack direct standing, because the challenged norms regulate the handling of public funds by private entities and bear no direct relationship to protecting the rights of older adults—the collective in whose defense they claim to appear. Moreover, their arguments focus on practical difficulties in complying with the law rather than a constitutional confrontation. Judges Rueda and Garro dissent, considering the rejection premature and ordering a formal deficiency warning.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1352659.json", "html_url": "/legal/doc/nexus-sen-1-0007-1352659", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1352659" }, { "id": "nexus-sen-1-0007-1352662", "citation": "Res. 41025-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Omission of forest certification procedure before AFE is not unconstitutional", "title_es": "Omisión de procedimiento de certificación de bosque ante la AFE no es inconstitucional", "summary_en": "The Constitutional Chamber rejected outright an action of unconstitutionality filed against the alleged omission of an official procedure allowing landowners or interested persons to directly request the State Forestry Administration (AFE) for a certification on the existence of forest or forest cover. The plaintiff argued that the lack of such procedure violated the right to a healthy environment (Article 50 of the Constitution) and various international instruments, by granting only SETENA the ability to request that technical opinion. The Chamber held that there was no unconstitutional omission because such a claim requires an express or implied constitutional mandate that has been breached, which was not the case here. Justice Rueda Leal concurred with the dismissal, while noting that jurisprudence should further define the scope of unconstitutional omission to protect fundamental rights against legislative inaction, but found no violated legislative duty. The action was dismissed without a hearing on the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "10/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1352662.json", "html_url": "/legal/doc/nexus-sen-1-0007-1352662", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1352662" }, { "id": "nexus-sen-1-0007-1352663", "citation": "Res. 41037-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flat rejection for lack of standing in constitutional challenge to professional membership rules", "title_es": "Rechazo de plano por falta de legitimación en acción de inconstitucionalidad colegiatura", "summary_en": "The Constitutional Chamber flatly rejects an unconstitutionality action filed against Article 8(b) of Executive Decree No. 44076-MEIC and Article 6 of the Admission and Update of Degrees and Postgraduate Degrees Regulations of the Professional Association of Economic Sciences of Costa Rica. The action was brought by a political scientist challenging the rules requiring a bachelor's degree in economic sciences to admit a member with a postgraduate degree in that area, alleging violations of the principles of normative hierarchy, legal reserve, right to work, and equality. However, the Chamber determined the filing was unsigned, unauthenticated, and lacked the Bar Association stamp. On the merits, the petitioner claimed standing based on diffuse and collective interests to bypass the pending case requirement, but the Court found the challenged rules affect individualized—not diffuse—interests, and the petitioner does not represent any corporate entity, thus lacking standing. The action is therefore flatly rejected, with separate concurring opinions by Justices Cruz Castro and Rueda Leal on diffuse interests.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1352663.json", "html_url": "/legal/doc/nexus-sen-1-0007-1352663", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1352663" }, { "id": "nexus-sen-1-0007-1352672", "citation": "Res. 41105-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flooding on creek banks due to municipal omission", "title_es": "Inundaciones en márgenes de quebrada por omisión municipal", "summary_en": "The Constitutional Chamber heard an amparo action filed by residents of Santa Cecilia de Paquera, who reported that recurrent flooding from the overflow of the Santa Cecilia creek and the saturation of the storm drainage system endangered their lives, homes, and property, and that local authorities had failed to take concrete action to resolve the problem. The Chamber found that despite multiple 911 reports since 2022, the Paquera District Municipal Council had not corrected the situation, merely initiating coordination and planning resources for 2026. In contrast, regarding the National Commission for Risk Prevention and Emergency Response (CNE), it was determined that no formal request for intervention had been made through the undeclared emergency mechanism, thus no omission could be attributed to it. The Chamber partially granted the amparo, ordering the municipal intendant to definitively correct the environmental problem within three months, and held the Municipal Council liable for costs, damages, and losses. Justice Salazar Alvarado issued a separate note, stating that although cases of administrative inaction regarding infrastructure ordinarily belong to the ordinary jurisdiction, he agrees to hear them when there is a risk to fundamental rights or vulnerable groups, as in this case.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1352672.json", "html_url": "/legal/doc/nexus-sen-1-0007-1352672", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1352672" }, { "id": "nexus-sen-1-0007-1353140", "citation": "Res. 35591-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline for sanitation sewer system in Cañas", "title_es": "Extensión de plazo para alcantarillado sanitario en Cañas", "summary_en": "The Constitutional Chamber examines a subsequent motion filed by the general manager of the Costa Rican Institute of Aqueducts and Sewers (AyA), who requests an extension of the deadline granted in judgment No. 2022-025176 to definitively and comprehensively resolve the wastewater problem in the canton of Cañas, specifically in the San Martín neighborhood. AyA reports on the progress made, consisting mainly of topographic and soil studies, and requests an extension until 2032 to begin construction, citing the project's complexity and the need to register it with the Public Investment Projects Bank (BPIP) of MIDEPLAN. The Chamber notes that, almost three years after the judgment, the project is still in the preliminary phase and has not even completed the profile study for BPIP. It finds that the requested additional seven-year period is disproportionate, lacks reasonable justification for each phase, and does not reflect diligent, priority handling of the matter. Nevertheless, acknowledging the project's scale, it grants an additional extension of 36 months—equal to the original deadline—for the respondent authorities to carry out the necessary works under the same legal warnings. Justice Salazar Alvarado dissents and declares the motion without merit, reiterating his view that the matter should have been heard in the ordinary administrative contentious jurisdiction.", "primary_topic_id": null, "topic_ids": [ "water-law", "_off-topic" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353140.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353140", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353140" }, { "id": "nexus-sen-1-0007-1353173", "citation": "Res. 35590-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for clarification and addition of ruling on non-compliance in drinking-water amparo", "title_es": "Solicitud de aclaración y adición de resolución sobre desobediencia en amparo de agua potable", "summary_en": "The Constitutional Chamber reviews a request for addition and clarification filed by the legal representative of neighbors from a community in Barva, Heredia, concerning interlocutory ruling No. 2025013529 of May 9, 2025. In that prior ruling, the Chamber upheld a second non-compliance proceeding against the Municipality of Barva for failing to comply with judgment No. 2021013728, which ordered the execution of projects to put into operation an aqueduct to supply drinking water to those neighbors. The petitioner requested a peremptory three-month deadline for compliance and the referral of the case to the Public Prosecutor's Office for the crime of disobedience. The Chamber denied the request, stating that the ruling contained no obscure or omitted points, and that the petitioner essentially disagreed with the decision, which is inadmissible under Article 11 of the Constitutional Jurisdiction Law, which provides no recourse against the Chamber's rulings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353173.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353173", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353173" }, { "id": "nexus-sen-1-0007-1353255", "citation": "Res. 35746-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prior Consultation with Afro-Costa Rican Tribal People in the Caribbean Tourism Master Plan", "title_es": "Consulta previa al pueblo tribal afrocostarricense en el Plan Maestro Turístico del Caribe", "summary_en": "The Constitutional Chamber granted an amparo action against the Costa Rican Tourism Institute (ICT) for failing to conduct prior, free, and informed consultation with the Afro-Costa Rican tribal people during the formulation of the Caribbean Coastal Tourism Master Plan. The Chamber held that, although labeled as a non-binding guidance document, the plan constitutes an administrative measure and a regional development plan that directly affects the ancestral territories, cultural identity, and natural resources of the Afro-descendant population. It found that the Afro-Costa Rican Tribal People Forum, represented by the Cahuita Integral Development Association, is the representative institution that must be consulted under ILO Convention 169. The ICT was ordered to schedule a consultation within three months under Article 6 of the Convention, as the informational sessions held did not meet the standard of active and effective participation.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "procedural-environmental" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353255.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353255", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353255" }, { "id": "nexus-sen-1-0007-1353260", "citation": "Res. 35761-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Consolidation of amparos on Moín Aquifer Zone 6", "title_es": "Acumulación de amparos sobre acuífero Moín Zona 6", "summary_en": "The Constitutional Chamber, through this interlocutory order, consolidates amparo 25-029204-0007-CO with case file 25-028736-0007-CO due to clear connection. Both appeals challenge contradictions between AyA Board agreements, SENARA's Land Use Criteria Matrix, and the zoning of the Limón Regulatory Plan regarding protection of Zone 6 of the Moín aquifer. They also point to authorities' failure to issue and publish the protection decree for that area. The petitioner alleges violation of Articles 11 and 50 of the Constitution, the precautionary principle, and the principle of environmental progressivity, due to regulatory invisibility and relaxation of protection standards that allow subdivisions, developments, and earthworks in an extremely vulnerable area. The Chamber orders joint processing to avoid contradictory rulings, without ruling on the merits at this stage.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353260.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353260", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353260" }, { "id": "nexus-sen-1-0007-1353323", "citation": "Res. 35858-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water service connection in Santa Fe de Cóbano after aqueduct inauguration", "title_es": "Conexión de servicios de agua en Santa Fe de Cóbano tras inauguración de acueducto", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a resident of Santa Fe de Cóbano against the Costa Rican Institute of Aqueducts and Sewers (AyA). The petitioner claimed that despite the formal inauguration of an aqueduct project, AyA had subjected residents to unjustified administrative delays in connecting drinking water service, affecting dozens of families and the local school. Delays were imposed for inspections and meter connections, and later it was argued that the network had not been entered into internal systems, while third parties were being issued availability certificates. The respondent authority reported that out of ten protected parties, seven had fulfilled regulatory requirements and had service installed between October 8 and 10, 2025, before notification of the action. The other three had not submitted new service applications. The Chamber found no violation of fundamental rights and declared the amparo without merit.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353323.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353323", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353323" }, { "id": "nexus-sen-1-0007-1353354", "citation": "Res. 35913-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure by Water Directorate to directly respond to information request", "title_es": "Omisión de respuesta directa de la Dirección de Aguas a solicitud de información", "summary_en": "In this amparo appeal, the Constitutional Chamber examines the failure of the Water Directorate of MINAE to provide a direct and timely response to an information request filed by a private party concerning alleged irregular constructions over water bodies within the Las Brisas project. The request, grounded in the Right of Petition Act (No. 9097), detailed specific queries about construction notifications, inspection methodologies, permits, channel delimitations and reclassifications, and included documentary and graphic evidence of piping and risks. The Chamber finds that the Water Directorate issued a generic response addressed to a third party (a representative of an environmental association), not to the actual requester, and that a specific response was produced only after notification of the amparo proceeding. The appeal is granted for violation of the rights to petition and access to public information (articles 27 and 30 of the Constitution), as the direct response was not provided within the ten-working-day period. The authorities are ordered to refrain from repeating such conduct. Magistrates Salazar Murillo and another partially dissent on costs and damages, while Magistrate Araya García dissents on the grounds that the amparo should have been summarily dismissed because it was brought on behalf of a legal entity.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353354.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353354", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353354" }, { "id": "nexus-sen-1-0007-1353363", "citation": "Res. 35926-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC’s Failure to Respond to a Request for Budgetary Information", "title_es": "Omisión de respuesta del SINAC a solicitud de información presupuestaria", "summary_en": "The Constitutional Court heard an amparo action against the Ministry of Environment and Energy for failing to respond to an information request. On September 1, 2025, the petitioner had sought data on SINAC’s 2022–2025 budget, including resources allocated to interventions under the National Development Plan, amounts under budget line 5 for land purchases to increase forest cover, and access to international financing. The respondent acknowledged the omission, attributing it to operational constraints, and responded belatedly on October 21, 2025, prompted by the amparo. The Court found a violation of the right to petition and timely response, as over a month had elapsed without an answer, and granted the amparo under Article 52 of the Constitutional Jurisdiction Law. The majority, however, declined to award costs or damages, reasoning that no direct financial harm was shown, while two judges dissented, arguing that the respondent should bear the costs and damages for the rights violation.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353363.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353363", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353363" }, { "id": "nexus-sen-1-0007-1353365", "citation": "Res. 35928-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of drinking water availability due to technical impossibility", "title_es": "Denegatoria de disponibilidad de agua potable por imposibilidad técnica", "summary_en": "The Constitutional Chamber reviews an amparo petition against the Costa Rican Institute of Aqueducts and Sewers (ICAA), filed by a petitioner who requested drinking water and sewer service for his family home in San Rafael de Heredia. The request was repeatedly denied by ICAA on technical grounds: the property lies within the protection zone of the La Meseta well, and it is impossible to guarantee the optimal pressure of 10 m.c.a. required by the Service Provision Regulation. The petitioner claims violation of his right to drinking water, linked to health, as he has lived there since December 2023 without service. Following its consistent precedent, the Chamber dismisses the petition, finding that the denial is not arbitrary but grounded in technical and legal impossibilities duly notified. It reiterates that constitutional jurisdiction is not competent to review the legality of technical criteria issued by the Administration, as such debate belongs to ordinary courts. Two justices dissent, considering ARESEP's involvement necessary.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353365.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353365", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353365" }, { "id": "nexus-sen-1-0007-1353486", "citation": "Res. 36233-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on denied agricultural water service", "title_es": "Amparo sobre servicio de agua agrícola denegado", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed against the Escobio Water Users Society (SUA). The petitioner requested agricultural water service for his property, which was denied after extended administrative silence. The Chamber reiterates its case law: while the right to water is fundamental, access is not unrestricted and may be conditioned on compliance with technical and legal requirements. It distinguishes between water service for residences—whose denial may affect health and life, warranting protection—and service for agricultural or commercial purposes, which, being profit-driven, does not implicate those fundamental rights. The amparo is therefore inadmissible as it concerns water supply for agricultural activity. Additionally, the administrative complaint filed on September 5, 2025, is considered premature, so the alleged violation of Article 41 of the Constitution is not addressed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353486.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353486", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353486" }, { "id": "nexus-sen-1-0007-1353499", "citation": "Res. 36248-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Joinder of environmental amparos and municipal waste planning at Finca El Maderal", "title_es": "Acumulación de amparos ambientales y planificación municipal de residuos en Finca El Maderal", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of Mata de Plátano, Goicoechea, against the Ministry of Health, the Municipality of Goicoechea, and the Municipality of San José. The petitioners claim that Finca El Maderal, owned by the Municipality of San José, contains secondary forest, springs, and streams, and that the authorities intend to fell trees and install a Recyclable Waste Recovery Center, violating the right to a healthy environment (Article 50 of the Constitution). They allege a reduced bidding process authorizes massive tree-felling. The municipalities and the Ministry deny the accusations: the farm belongs to the Municipality of San José; the bidding is only for lawn and weed maintenance, not tree-felling or construction; the waste recovery project is conceptual. The Ministry clarifies that the Municipal Integrated Waste Management Plan for Goicoechea has not been approved and the mention of the farm was referential and is being removed. Finding a connection with another amparo (file 25-027760-0007-CO) concerning the same property and issues, the Chamber joins this matter to that case to avoid contradictory rulings. No substantive decision is made; the ruling is solely procedural joinder and a warning about document retrieval.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "04/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353499.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353499", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353499" }, { "id": "nexus-sen-1-0007-1353566", "citation": "Res. 36328-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Court rejects amparo on inclusion of wetland data in SNIT", "title_es": "Sala rechaza amparo sobre inclusión de datos de humedal en SNIT", "summary_en": "The Constitutional Chamber summarily rejects an amparo filed by a legal entity on behalf of another against SINAC. The petitioner argues that since 2023 there is an official report reducing the area of a wetland in Playa Hermosa de Jacó, but SINAC has not updated the National Territorial Information System (SNIT), causing economic and legal harm to its tourism project. The Court holds that the alleged omission—failure to resolve an administrative request filed in July 2025—is a matter of ordinary legality to be resolved in the contentious-administrative jurisdiction, especially after the 2008 Administrative Procedural Code, which provides expeditious remedies. It also notes that determining the technical content of the SNIT is beyond its purview. One Justice concurs in the result but on different grounds, arguing that amparo on behalf of a legal entity requires a proven essential and direct link with an affected natural person, which was not demonstrated.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353566.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353566", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353566" }, { "id": "nexus-sen-1-0007-1353574", "citation": "Res. 36337-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on property sale and municipal charges declared inadmissible", "title_es": "Amparo sobre venta de inmueble y cobros municipales declarado inadmisible", "summary_en": "The Constitutional Chamber reviews an amparo filed by the Benedictine Association Santa María del Pilar against the Municipality of Paraíso. The petitioner alleges violations of several fundamental rights, including the right to petition, property, good administration, legal certainty, equality before the law, transparency, religious freedom, and citizen participation. These violations allegedly occurred during negotiations for the sale of a property to the municipality, amid duplicate and disproportionate municipal charges, lack of response to administrative requests, unjustified delays, and discriminatory treatment compared to other offerors. The petitioner also challenges a regulatory provision that excludes certain Catholic religious communities from automatic exemption from the property tax. The Chamber declares the amparo inadmissible outright, holding that claims concerning the correctness of taxes and municipal services, as well as the lack of resolution within the procurement procedure, are matters of ordinary legality to be addressed through the administrative contentious jurisdiction. It also rules that the alleged breach of citizen participation concerns a mere request for a hearing, and the discrimination and equality arguments were not sufficiently substantiated or appropriate for this summary proceeding. Finally, the Chamber finds no direct infringement of religious freedom, as the sale of the property does not in itself condition the exercise of worship. The decision includes dissenting votes that would have admitted the amparo to protect the right to prompt and complete administrative justice and to examine the discrimination and religious freedom claims.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353574.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353574", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353574" }, { "id": "nexus-sen-1-0007-1353607", "citation": "Res. 36374-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of amparo for delay in proceedings before the Municipality of Nicoya", "title_es": "Rechazo de amparo por mora en trámites ante la Municipalidad de Nicoya", "summary_en": "The Constitutional Chamber flatly rejects an amparo petition filed against the Municipality of Nicoya for lack of response to three administrative proceedings. The petitioner claimed violation of fundamental rights due to the delay. The majority of the Chamber considers that determining compliance with administrative deadlines is a matter of ordinary legality to be heard by the administrative contentious jurisdiction, which provides swift and effective mechanisms for the protection of substantive legal situations. It notes that the new Administrative Contentious Procedure Code (Law No. 8508) offers suitable avenues for such claims, including the preferential process or 'legality amparo'. Two dissenting votes are recorded: Judge Cruz Castro believes administrative delay violates the constitutional guarantee of prompt and complete justice under Article 41, so the Chamber should hear the merits; Judge Rueda Leal considers that, as the matter relates to environmental issues, the petitioner should be asked to submit more evidence and the proceedings should continue.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "04/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353607.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353607", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353607" }, { "id": "nexus-sen-1-0007-1353639", "citation": "Res. 36408-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo on Butterfly Crafts from Captive Breeding", "title_es": "Inadmisibilidad del amparo sobre artesanías con mariposas de zoocriadero", "summary_en": "The Constitutional Chamber declared inadmissible the amparo filed by a craftsman who uses butterflies from authorized captive breeding facilities to make ornamental frames. The petitioner claimed that legal opinion SINAC-AJ-CJ-21, which prohibits third-party artisans from acquiring and selling such by-products, violated his freedom to work, trade, and equality. The Chamber held that his allegations raise mere ordinary legality issues, not direct violations of fundamental rights. It noted that it is not its role to act as a legality controller of SINAC's actions or to review whether said legal opinion complies with the law, as such matters must be resolved through ordinary administrative or judicial channels. Accordingly, it dismissed the action outright, referring the petitioner to the competent venues to argue the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "wildlife-law-7317", "procedural-environmental" ], "date": "04/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353639.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353639", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353639" }, { "id": "nexus-sen-1-0007-1353678", "citation": "Res. 36451-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber Rejects Amparo for TAA Delay", "title_es": "Sala Constitucional rechaza amparo por mora del TAA", "summary_en": "The Constitutional Chamber rejects in limine an amparo filed by a commercial company against the Environmental Administrative Tribunal (TAA) requesting an order to issue the final decision in an administrative proceeding initiated in 2008. The TAA had maintained a total work stoppage precautionary measure for over 17 years without resolving the merits. The Chamber held that determining compliance with statutory deadlines for resolution is a matter of ordinary legality, not fundamental rights, and referred the petitioner to the contentious-administrative jurisdiction. The majority decision was drafted by Magistrate Araya García; Magistrate Rueda Leal provided separate reasons based on the lack of standing of legal persons for fundamental rights, and Magistrate Cruz Castro dissented, considering the right to prompt justice had been violated. The appeal was dismissed without examining the substance.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353678.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353678", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353678" }, { "id": "nexus-sen-1-0007-1353690", "citation": "Res. 36464-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SENASA Does Not Violate Constitutional Chamber Order on Dog Noise", "title_es": "SENASA no incumple orden de Sala Constitucional sobre ruido de perros", "summary_en": "The Constitutional Chamber dismisses a non-compliance claim filed by a resident of the Altos de Omega condominium, who alleged that the National Animal Health Service (SENASA) continued to violate a prior ruling regarding noise pollution from barking dogs. The Chamber found that SENASA did carry out the ordered steps: a joint inspection with the Ministry of Health, a two-hour monitoring that detected barking for less than four minutes, and the sending of the report to the claimant. The ruling emphasizes that the Constitutional Chamber does not review the legality of administrative decisions; if the claimant disagrees with SENASA's determination, he must pursue ordinary legal remedies. It also notes that reports made under oath carry criminal consequences for falsehoods, and that the administrative communication was completed via email on October 24, 2025. The case file is ordered to be archived.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353690.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353690", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353690" }, { "id": "nexus-sen-1-0007-1353773", "citation": "Res. 36564-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-execution of sidewalk ruling in Vázquez de Coronado", "title_es": "Inejecución de sentencia sobre acera en Vázquez de Coronado", "summary_en": "The Constitutional Chamber dismisses a non-execution claim filed by a municipal council member of Vázquez de Coronado against the same municipality, for failing to comply with a 2015 order to build a sidewalk. The Chamber holds that a member of the local government cannot accuse the entity of which he is part of disobedience, and that standing to bring such a claim belongs to the original petitioner, not a council member. It reaffirms that amparo orders must be complied with by the respondent authority, but the avenue to denounce non-execution is reserved for the party who brought the amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353773.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353773", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353773" }, { "id": "nexus-sen-1-0007-1353774", "citation": "Res. 36565-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Lack of jurisdiction to enforce TAA measures at compliance stage", "title_es": "Incompetencia para ejecutar medidas del TAA en fase de cumplimiento", "summary_en": "The Constitutional Chamber rejects a new non-compliance claim against the Environmental Administrative Tribunal (TAA) filed by a claimant who alleges that the company sanctioned in administrative file 286-04-03-TAA has not executed the ordered restoration measures. The Chamber recalls that in its ruling No. 2024-012481 it ordered the TAA to issue a definitive resolution on the environmental complaint, which the TAA fulfilled by issuing resolution No. 337-2025-TAA (confirmed by No. 948-2025-TAA). The obligation imposed by the Chamber has already been met. Verification of whether the sanctioned company complies with the administrative measures falls within the competence of the TAA itself and other bodies, not the constitutional jurisdiction. The Chamber clarifies that its competence at the enforcement stage is limited to verifying compliance with its own orders, not to supervising derivative administrative acts that belong to the administrative authority in the exercise of its legal powers.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353774.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353774", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353774" }, { "id": "nexus-sen-1-0007-1353776", "citation": "Res. 36567-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against provisional fungicide limits in drinking water during Barranca River spill emergency", "title_es": "Amparo contra valores provisionales de fungicida en agua potable durante emergencia por derrame en río Barranca", "summary_en": "The Constitutional Chamber dismisses an amparo petition against the technical report MS-DPRSA-USA-1536-2024 issued by the Ministry of Health in response to the July 27, 2024, mancozeb fungicide spill in the Barranca River, Puntarenas. The petitioner argued the report unlawfully raised maximum contaminant limits in drinking water, violating the applicable decree, the Constitution, and environmental principles. The Court finds the report did not amend Executive Decree 38924-S; rather, it established temporary, non-regulatory guide values to manage the emergency using international risk assessment methodologies. The water service was suspended, alternative supply provided, and restored only after laboratory analysis showed no detectable contaminants. The ruling finds no fundamental rights violation; a concurring judge agrees on dismissal but considers the matter belongs in the ordinary contentious-administrative jurisdiction.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353776.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353776", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353776" }, { "id": "nexus-sen-1-0007-1353778", "citation": "Res. 36569-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Partial demolition in stream protection area — compliance ruling", "title_es": "Desobediencia por demolición parcial en área de protección de quebrada", "summary_en": "The Constitutional Chamber rules on a second contempt motion filed by the petitioner, who claims that the Municipality of Pococí only partially demolished illegal structures in a stream protection zone, violating judgment 2025007754. The municipality reported that all structures invading the protected area were fully demolished, achieving the area’s recovery and restoring natural conditions. The resulting debris is temporarily deposited on the public road without obstructing traffic, and the municipality is coordinating its final removal. SINAC supported the municipality’s actions through reports detailing the complete demolition and natural restoration recommendations. The Chamber concludes there is no breach of the court order, as demolition was complete and debris removal is a separate issue being addressed. The motion is dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353778.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353778", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353778" }, { "id": "nexus-sen-1-0007-1353780", "citation": "Res. 36571-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Climate variable not grounds for amparo against landfill environmental viability", "title_es": "Variable climática no es causal de amparo contra viabilidad de relleno sanitario", "summary_en": "The Constitutional Chamber denies the amparo filed against SETENA for granting environmental viability to the 'Parque de Tecnología Ambiental Galagarza' sanitary landfill in Montes de Oro. The petitioner argued that the environmental impact assessment (EIA) failed to integrate the 'climate variable' via specific guidelines, violating rights to a healthy environment, information, and participation, and sought annulment of the license. The Chamber notes that the originally challenged resolution was annulled and replaced by a later one that did address greenhouse gas emissions, biogas capture, odor control, and other mitigation measures. It reiterates that ordinary jurisdiction is the proper forum to review the technical sufficiency of the EIA and public participation, not amparo. It finds no absolute omission of the climate variable warranting constitutional intervention.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353780.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353780", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353780" }, { "id": "nexus-sen-1-0007-1353796", "citation": "Res. 36594-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of Amparo Against Indigenous Association for Alleged Property Invasion and Reverse Discrimination", "title_es": "Improcedencia de amparo contra ADI indígena por alegada invasión de propiedad y discriminación inversa", "summary_en": "The Constitutional Chamber dismissed an amparo petition filed by a non-indigenous neighbor against the Integral Development Association (ADI) of the Nairi Awari Indigenous Reserve. The petitioner alleged fundamental rights violations including property invasion for a water system, unauthorized pipeline installation, coerced land sale, personal threats, and discriminatory treatment of non-indigenous persons by public entities. The Court found no proven injuries: the ADI lawfully purchased the land where the tank was placed, the pipeline dispute with another property was resolved, and the school operated normally. The discrimination claim was rejected for lack of evidence, and the Court clarified that cost awards against petitioners require bad-faith litigation, which was not present here.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353796.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353796", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353796" }, { "id": "nexus-sen-1-0007-1353836", "citation": "Res. 36643-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "La Milenita Flooding: abide by prior ruling", "title_es": "Inundaciones en La Milenita: estese a lo resuelto", "summary_en": "The Constitutional Chamber hears an amparo filed by a resident of San Juan de Santa Bárbara against the National Road Council (CONAVI) and the Municipality of Santa Bárbara, for recurrent flooding on National Secondary Route 123, sector 'La Milenita'. He claims the community has endured flooding for ten years, affecting homes, businesses, and traffic safety, without an integral solution despite many complaints. The Chamber notes that in 2014, through Judgment No. 2014-007621, it already granted an amparo for the same facts, ordering both entities to coordinate and definitively solve the water discharge problem within six months, an order later extended for another six months in 2015. Since this amparo repeats the same claims already adjudicated, the Court finds it improper to issue a new substantive ruling, as it could lead to contradictory judgments or reopen expired deadlines. Therefore, it orders the petitioner to abide by the prior rulings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353836.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353836", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353836" }, { "id": "nexus-sen-1-0007-1353908", "citation": "Res. 36717-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Accessibility in Prison Cell under Law 7600", "title_es": "Accesibilidad en celda penitenciaria bajo Ley 7600", "summary_en": "The Constitutional Chamber denied an amparo appeal filed on behalf of a detainee at the National Center for Specialized Care (CNAE) who claimed his cell did not meet the requirements of the Equal Opportunities for Persons with Disabilities Law (No. 7600). The appellant, who uses a wheelchair or walker, alleged deficiencies such as inappropriate bunk height, lack of ramps, and bathroom flooding. The Chamber reviewed reports from the prison and an inspection by the Alajuela 2 Health Area, concluding that cell C-1-1 meets adequate physical-sanitary conditions: it has ramps, grab bars, non-slip flooring, ventilation, and the upper bunk height was corrected. The inspection found no water accumulation or regulatory violations. Although Law 7600 does not set technical specifications for prison cells, the adaptations ensure habitability and mobility. The court reiterated its doctrine that amparo for prisoners is only exceptionally admissible when violations of human dignity, health, or life are alleged.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1353908.json", "html_url": "/legal/doc/nexus-sen-1-0007-1353908", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1353908" }, { "id": "nexus-sen-1-0007-1354143", "citation": "Res. 36955-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo for environmental administrative delay", "title_es": "Inadmisibilidad del amparo por mora administrativa ambiental", "summary_en": "The Constitutional Chamber rejects outright an amparo petition filed against the Municipality of Nicoya. The petitioner had requested the municipality to investigate the validity of an official communication digitally signed by an assistant of the Environmental Management Department, claiming ideological falsity. After over a month without a response, he filed the amparo alleging a violation of the right to be heard. The Chamber, with a dissenting vote by Justice Cruz Castro, rules that the claim concerns ordinary legality —compliance with administrative deadlines— and must be brought before the administrative contentious jurisdiction, which provides expeditious mechanisms such as the “amparo de legalidad”. The majority opinion emphasizes that the new Administrative Contentious Procedure Code offers suitable avenues to protect substantive legal interests. The dissent argues that administrative delay infringes a fundamental procedural guarantee under Article 41 of the Constitution.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354143.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354143", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354143" }, { "id": "nexus-sen-1-0007-1354280", "citation": "Res. 37099-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo for failure to exhaust remedies and legality review", "title_es": "Inadmisibilidad de amparo por falta de agotamiento de vía y control de legalidad", "summary_en": "The Constitutional Chamber summarily dismisses an amparo action filed against the Municipality of Curridabat for refusing to grant construction permits to repair a retaining wall adjacent to the Puruses River. The petitioner alleged structural and environmental risks, as well as historical urban planning errors that allowed construction within the river's protection zone. The Chamber holds that the amparo is inadmissible because the court does not act as a legality controller or an additional administrative instance; matters concerning construction permits must be resolved by the Administration or the ordinary courts. Moreover, the petitioner did not adequately specify the dates of prior requests, failing to demonstrate a current and direct violation of fundamental rights. The ruling does not address the environmental or risk issues on the merits, confining itself to procedural dismissal based on the nature of the remedy and insufficient factual pleading.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "07/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354280.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354280", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354280" }, { "id": "nexus-sen-1-0007-1354285", "citation": "Res. 37108-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flooding in Ciudadela Calderón Muñoz — repeated municipal non-compliance", "title_es": "Inundaciones en Ciudadela Calderón Muñoz — incumplimiento municipal reiterado", "summary_en": "The Constitutional Court grants a non-compliance petition regarding repeated disobedience of the 2016 ruling, which ordered the Municipality of San José to conduct hydraulic studies of the Ocloro River and execute infrastructure works to prevent flooding in the Ciudadela Calderón Muñoz. More than nine years have elapsed and serious omissions persist. The current mayor is ordered to comply under penalty of sanctions. The original ruling protected rights to health and a healthy environment against flooding carrying sewage and solid waste.", "primary_topic_id": null, "topic_ids": [], "date": "11/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354285.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354285", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354285" }, { "id": "nexus-sen-1-0007-1354289", "citation": "Res. 37112-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience claim for failure to relocate storm drainage near springs in Alajuela", "title_es": "Gestión de desobediencia por reubicación de drenaje pluvial cerca de nacientes en Alajuela", "summary_en": "The Constitutional Chamber reviews a disobedience claim filed by the petitioner regarding non-compliance with judgment 2025009421, which ordered the Municipality of Alajuela to relocate a storm drainage and discharge channel near the Nombre99132 and Gutiérrez springs within six months. The petitioner argues that the municipality has remained inactive despite the expired deadline. The Chamber analyzes the municipal reports, which demonstrate the technical impossibility of evacuating the waters through public roads due to the terrain's topography, requiring topographic studies, coordination with AyA to delineate protection zones, and the need for expropriation of land strips for a new alignment. The Chamber concludes that no punishable non-compliance under Article 71 of the Constitutional Jurisdiction Law is configured, given the properly accredited material obstacles and the municipality's diligent efforts. However, it orders enhanced monitoring: the municipality must report every two months on the progress of actions, under warning that unjustified future non-compliance may lead to appropriate constitutional measures. The disobedience claim is dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "11/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354289.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354289", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354289" }, { "id": "nexus-sen-1-0007-1354301", "citation": "Res. 37124-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature non-compliance claim against the Environmental Administrative Tribunal", "title_es": "Gestión de incumplimiento prematura contra el Tribunal Ambiental Administrativo", "summary_en": "The Constitutional Chamber of the Supreme Court reviewed a non-compliance claim filed against the Environmental Administrative Tribunal (TAA) for alleged disobedience of ruling No. 2025022311 of July 18, 2025. That prior ruling had ordered the TAA’s president and vice president to definitively resolve an environmental complaint within a maximum of three months, with notification by email on July 22 and 23, 2025. The claimant alleged non-compliance on October 22, 2025. The Chamber held that the three-month period had not yet expired at the time of the filing; therefore the claim was premature and dismissed. The decision is strictly procedural and limited to verifying that the deadline for compliance had not elapsed. It does not address the merits of the environmental complaint or the TAA’s conduct during the hearing.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354301.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354301", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354301" }, { "id": "nexus-sen-1-0007-1354306", "citation": "Res. 37129-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissible Clarification in Amparo on Informal Settlements and Pollution in Purral de Goicoechea", "title_es": "Aclaración inadmisible en amparo sobre asentamientos informales y contaminación en Purral de Goicoechea", "summary_en": "The Constitutional Chamber addressed a post-ruling motion in amparo case 25-022056-0007-CO, where the Health Area of Goicoechea requested clarification on the exact location to implement measures ordered in judgment N°2025-030968 to address pollution sources. The Court dismissed the motion, finding that the original ruling clearly stated that actions should focus on informal settlements in Purral de Goicoechea and that authorities must act in coordination within their powers. The decision reaffirms that clarification is only appropriate when the ruling is obscure or ambiguous, which was not the case. Parties were also warned to retrieve physical documents or risk destruction per the Electronic Court File Regulation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354306.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354306", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354306" }, { "id": "nexus-sen-1-0007-1354403", "citation": "Res. 37232-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo for dog noise and SENASA inaction", "title_es": "Inadmisibilidad de amparo por ruido de perros y omisión de SENASA", "summary_en": "The petitioner filed an amparo against the National Animal Health Service (SENASA) for failing to respond to his complaint about excessive barking from three Dachshund dogs on a neighboring property in Dulce Nombre de Cartago. He claimed harm to his health, rest, telework, and his mother's well-being, citing Articles 21, 46, 50, and 56 of the Political Constitution. The Constitutional Chamber rejected the appeal outright as premature. It found that the complaint was lodged on September 18, 2025, and the amparo on October 21, 2025, meaning the two-month deadline for the administration to respond under Article 261 of the General Public Administration Law had not elapsed. The Chamber clarified that while such a complaint could be protected through amparo, the remedy is premature until that reasonable period expires, without prejudice to the petitioner's right to reapply once the deadline has passed.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "11/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354403.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354403", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354403" }, { "id": "nexus-sen-1-0007-1354450", "citation": "Res. 37280-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber dismisses amparo due to duplicate case in noise pollution complaint", "title_es": "Sala Constitucional archiva amparo por duplicidad de expediente en caso de contaminación sónica", "summary_en": "The Constitutional Chamber reviews a writ of amparo filed by a Liberia resident against the Municipality of Liberia, alleging failure to respond and inaction regarding complaints of noise pollution from the El Callejero restaurant. The petitioner claims that, despite a health order from the Ministry of Health confirming noise levels exceeding legal limits, and having notified the municipality, it has neither exercised its enforcement powers nor responded to his requests, violating rights to health, property, and a healthy environment. The Chamber notes that the same facts are already under review in case file 25-033356-0007-CO, currently pending, and that admitting this new appeal would risk contradictory rulings and unnecessary delay. Consequently, it orders the case dismissed without examining the merits, merely warning about the removal of physical documents within the legal deadline.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354450.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354450", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354450" }, { "id": "nexus-sen-1-0007-1354561", "citation": "Res. 37399-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-enforcement denied regarding Los Pinos landfill", "title_es": "Inejecución rechazada sobre Relleno Sanitario Los Pinos", "summary_en": "The Constitutional Chamber rejects the non-enforcement claim filed against the Municipality of Cartago and the Ministry of Health for failing to comply with judgment No. 2025023963, which ordered remediation of environmental problems at the Los Pinos landfill. The petitioner argued that the deadline had expired and abandonment and health risks persisted. However, the Chamber finds that the Municipality has taken progressive actions—though insufficient within the original timeframe—such as opening its own access road, site clearing, and pre-feasibility engineering studies. A work schedule extending through May 2026 was submitted, dependent on public procurement and inter-institutional coordination. The Ministry of Health, for its part, continued monthly inspections and monitoring, despite constraints imposed by an injunctive measure from the Contentious-Administrative Court. The Chamber concludes there is no attributable non-enforcement but rather a complex compliance process requiring additional time, and therefore denies the claim.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354561.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354561", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354561" }, { "id": "nexus-sen-1-0007-1354669", "citation": "Res. 37520-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied against municipality for management of Los Chorros Park", "title_es": "Improcedencia de amparo por gestión municipal en Parque Los Chorros", "summary_en": "The Constitutional Chamber denied the amparo action against the Municipality of Grecia regarding the management of Los Chorros Municipal Recreational Park. The petitioner alleged failure in the duty of care over the protected area, lack of visit control, installation of a chain-link fence allegedly affecting wildlife, and absence of staff for park administration. The Municipality proved that since 2021 it has carried out actions such as perimeter delimitation, interinstitutional coordination, signage, and the questioned fence, which was built with gaps for fauna and did not require an environmental impact study due to low impact. The Chamber found no omissions or arbitrary conduct violating the right to a healthy environment. Regarding the lack of personnel, it referred to a precedent deeming such matters as ordinary legality issues outside amparo. Thus, the appeal was dismissed on all grounds.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354669.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354669", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354669" }, { "id": "nexus-sen-1-0007-1354695", "citation": "Res. 37559-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "ASADA storage tank bypass does not violate water access", "title_es": "Bypass en tanque de almacenamiento de ASADA no vulnere acceso al agua", "summary_en": "A developer files an amparo against AyA and the ASADA Parcelas Quebrada Azul, alleging noncompliance with a Ministry of Health order requiring repairs to a storage tank in the Tilawa sector and an AyA order to increase storage capacity. He argues that a bypass approved by the ASADA eliminates the tank and reduces reserves, affecting drinking water access and fire safety. The Constitutional Chamber denies the amparo, finding that the tank was taken out of operation and will not be used again, as it is on private property and causing legal conflicts. The Ministry of Health lifted the order. The ASADA acted within its delegated authority, implementing a technically viable solution that maintains service quality. The fundamental right to water is not violated, as the developer failed to meet technical requirements for the connection, and the ASADA connected the service in good faith to prevent third parties from being left without water.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354695.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354695", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354695" }, { "id": "nexus-sen-1-0007-1354713", "citation": "Res. 37583-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Removal of speed bumps in La Asunción, Belén", "title_es": "Remoción de reductores de velocidad en La Asunción de Belén", "summary_en": "The Constitutional Chamber heard an amparo action filed by residents of La Asunción de Belén against the Municipality of Belén, seeking the removal of three speed bumps installed on a local road. The claimants argued that the speed bumps caused noise, vibrations, and nuisance, affecting their health and well-being, without reducing traffic accidents. The Municipality reported that the speed bumps were installed based on a 2017 technical study by MOPT due to the high accident rate in the area, and that their removal was conditional upon a new technical study. During the proceedings, the Municipality voluntarily removed the speed bumps on October 23, 2025, before being notified of the amparo. The Chamber found that the claimants' request had been satisfied by the administration without judicial intervention, and therefore declared the amparo without merit. Additionally, Justice Castillo Víquez appended a note on jurisdiction over the right to prompt administrative justice, reaffirming that generally such disputes belong to the administrative contentious courts.", "primary_topic_id": null, "topic_ids": [ "_off-topic", "procedural-environmental" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354713.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354713", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354713" }, { "id": "nexus-sen-1-0007-1354731", "citation": "Res. 37605-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flooding in Golfito due to insufficient drainage and institutional jurisdiction", "title_es": "Inundaciones en Golfito por drenaje insuficiente y competencias institucionales", "summary_en": "The Constitutional Chamber grants a writ of amparo filed by an elderly woman on behalf of herself and two legal entities against CONAVI, MOPT, the Ministry of Health, and the Municipality of Golfito. The petitioner reported recurrent flooding since 2022 in the Alamedas neighborhood of Golfito due to insufficient drainage, clogged ditches, deteriorated sewer systems, and sediment accumulation, affecting private properties and National Route 14. The Chamber finds that despite multiple complaints since 2022, neither the Municipality nor CONAVI/MOPT acted diligently to resolve the problem, whose technical complexity stems from the fact that the culverts discharge into a protected mangrove where tides continuously reintroduce sediment. The Ministry of Health also failed to address a specific health complaint. The Chamber orders the Municipality, MOPT, and CONAVI to form an inter-institutional commission within five days to address the flooding and design a solution plan within one month. The Ministry of Health is ordered to resolve the health complaint of March 6, 2023 within two months. Costs, damages, and losses are awarded against the State and the Municipality.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354731.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354731", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354731" }, { "id": "nexus-sen-1-0007-1354733", "citation": "Res. 37607-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal response on tree felling not violated when answer predates amparo filing", "title_es": "Derecho de respuesta municipal sobre tala de árboles no vulnerado si la respuesta se emitió antes del amparo", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a citizen who on June 5, 2025, requested from the Municipality of San Rafael de Heredia certified copies of administrative and judicial files and scientific studies regarding the felling of cypress trees in El Tirol Urbanization. The municipality responded on June 23, 2025, via official notice AM-401-2025, sent to the email address provided by the petitioner. It stated that no administrative file existed because the matter had been litigated under Agrarian Court file 21-000019-0815-AG-0, where the municipality was the defendant; noted the legal impossibility of certifying a judicial file not in its custody; and provided a technical study from the National University. The amparo was filed on October 1, 2025. The majority held that the petition had been answered before the amparo was filed, so the alleged violation ceased without the Chamber’s intervention and denied the action. Justice Salazar Alvarado dissented, arguing that the ten-business-day response deadline was violated, so the amparo should have been granted solely for compensation purposes.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354733.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354733", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354733" }, { "id": "nexus-sen-1-0007-1354736", "citation": "Res. 37611-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition regarding school and noise pollution", "title_es": "Derecho de petición sobre centro educativo y contaminación sónica", "summary_en": "The Constitutional Chamber hears an amparo filed by an elderly neighbor and her husband against the Municipality of San José and the Ministry of Public Education (MEP). The petitioners requested information about the Kanely de Colores Educational Center, adjacent to their home, due to alleged noise pollution seriously affecting their health. The petitioner asked the Municipality for data on complaints against the center and a copy of the land-use permit file; and asked the MEP for clarification on the center's legal status and infrastructure approval. They claim that neither institution responded in a timely manner, violating their fundamental rights. The Chamber finds that the Municipality breached its duty to respond within ten business days, replying only after being notified of the amparo, and that the MEP also responded late—eight months after the request. The appeal is partially granted against the Municipality, ordering a response to the first point of the request, and granted against the MEP for violation of Article 41 of the Constitution, although without an award of costs or damages, by majority. The Municipality is ordered to pay costs and damages.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354736.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354736", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354736" }, { "id": "nexus-sen-1-0007-1354763", "citation": "Res. 37651-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo inadmissible to review municipal permits and land use", "title_es": "Improcedencia del amparo para controlar patentes municipales y usos del suelo", "summary_en": "The Constitutional Chamber declared without merit an amparo action filed by residents of the Vistas del Valle neighborhood in Goicoechea, who claimed that a nearby property was operating an iron framework factory in breach of the zoning plan and the municipal permit granted for an office and heavy machinery warehouse. The petitioners reported multiple impacts (noise, heavy vehicle traffic, damage to infrastructure) and alleged inaction by the Municipal Council and the mayor. The Chamber verified that the property holds two valid commercial licenses (since 1994 and 2022) for office, warehouse, and rebar cutting and bending activities. After municipal inspections, no iron framework factory was found. The Court held that the dispute concerns the ordinary legality of administrative acts (granting and oversight of permits, application of the zoning plan), which is not properly resolved through amparo proceedings, especially when sworn reports were not disproved. The judgment reiterates that amparo is not the proper channel to debate the correct application of urban planning rules or to compel municipal authorities to perform administrative duties, absent evidence of a direct violation of fundamental rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354763.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354763", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354763" }, { "id": "nexus-sen-1-0007-1354815", "citation": "Res. 37723-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response on Puntarenas Estuary contamination", "title_es": "Amparo por falta de respuesta sobre contaminación del Estero de Puntarenas", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Ministry of Health for failing to timely respond to a request for information on contamination of the Puntarenas Estuary, submitted on September 25, 2025. The Ministry replied via official letter MS-DM-6006-2024 on October 28, 2025, after the ten-business-day legal deadline had passed and prompted by the amparo. The Chamber granted the amparo for violation of the right to petition and prompt response, but without awarding costs or damages, based on a majority interpretation of Article 52 of the Constitutional Jurisdiction Law that allows judicial discretion on these matters. There were partial dissenting opinions in favor of imposing costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1354815.json", "html_url": "/legal/doc/nexus-sen-1-0007-1354815", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1354815" }, { "id": "nexus-sen-1-0007-1355182", "citation": "Res. 38456-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against repeal of phytosanitary measures for potato imports with Zebra Chip is inadmissible on merits", "title_es": "Amparo contra derogatoria de medidas fitosanitarias para importación de papa con Zebra Chip es improcedente", "summary_en": "The Constitutional Chamber dismisses an amparo brought by a potato farmer against the Ministry of Agriculture and the State Phytosanitary Service (SFE). The petitioner claimed that repealing the 2012 Pest Risk Analysis (PRA) for Candidatus Liberibacter solanacearum (Zebra Chip) via Technical Report 469-2022-NR-ARP-SFE, and subsequently allowing imports of fresh potatoes from countries with the pest, violated his rights to a healthy environment, health, work, and the precautionary principle. The Court holds that the dispute concerns ordinary legality, not direct fundamental rights, as it requires a technical-scientific assessment of phytosanitary measures, their proportionality, and international instruments (IPPC, WTO). The Court notes the petitioner waited nearly three years to file amparo without an imminent national emergency. The amparo is not a vehicle to review phytosanitary policy or process complaints; the SFE maintains strict import requirements, and disputes must be aired in ordinary or administrative courts.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "21/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1355182.json", "html_url": "/legal/doc/nexus-sen-1-0007-1355182", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1355182" }, { "id": "nexus-sen-1-0007-1355186", "citation": "Res. 38469-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied for lack of legal access to spring water on private property", "title_es": "Amparo denegado por falta de acceso legal a agua de naciente en propiedad privada", "summary_en": "The Constitutional Chamber dismisses an amparo action filed by residents of Barrio Los Gamboa, Turrialba, against the local ASADA, AyA, and the Municipality. The plaintiffs claimed a violation of the right to water because these entities refused to guarantee supply; the community had been supplied by a spring on private land whose new owner restricted access. The Chamber finds no violation, holding that the authorities acted within their powers and that the community had not regularized its situation: they lacked a water concession, environmental feasibility, and the required technical studies. The institutional response was deemed lawful, based on the absence of technical and legal feasibility. The Chamber stresses that regularization is the responsibility of the interested parties under the ASADA Regulation. It also notes that the settlement grew irregularly, with constructions within the river protection zone, in breach of Article 33 of the Forestry Law.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "21/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1355186.json", "html_url": "/legal/doc/nexus-sen-1-0007-1355186", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1355186" }, { "id": "nexus-sen-1-0007-1355213", "citation": "Res. 38541-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Deputy's right to petition concerning Laguna Pozo de Agua Wetland", "title_es": "Derecho de petición de diputada sobre el Humedal Laguna Pozo de Agua", "summary_en": "The Constitutional Chamber heard an amparo filed by a congresswoman against MINAE-SINAC, Tempisque Conservation Area, for failing to respond to an information request regarding the Laguna Pozo de Agua Wetland, part of the Palo Verde Ramsar site. The request, sent on September 4, 2025 to the official Conservation Area email, sought detailed information on management, activities, infrastructure and permits. After more than ten business days without response, the amparo was filed and granted. During proceedings, the Conservation Area issued a comprehensive technical report (official letters CARTA-SINAC-ACT-DR-1691-2025 and DT-1689-2025) describing the wetland's status, active management measures, the ecotourism use permit granted to a community association (resolution SINAC-ACT-DIR-013-2025), and works carried out, including floodgates funded by INDER. The Chamber found the rights violation, but declared it remedied. By majority, no costs or damages were awarded, deeming compensation inappropriate — a position from which one judge dissents in a partial dissenting vote, arguing that even a belated satisfactory response requires reimbursement of the amparo costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1355213.json", "html_url": "/legal/doc/nexus-sen-1-0007-1355213", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1355213" }, { "id": "nexus-sen-1-0007-1355296", "citation": "Res. 38710-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against the TAA for failure to respond to a parliamentary information request", "title_es": "Recurso de amparo contra el TAA por falta de respuesta a solicitud de información parlamentaria", "summary_en": "The Constitutional Chamber heard an amparo filed by a congresswoman against the Ministry of Environment and Energy, alleging that the Environmental Administrative Tribunal (TAA) had failed to respond to a letter requesting detailed information about vacancies, appointments, and staff reassignments within the tribunal. The petitioner argued that, despite a granted extension, she had still not received a reply, violating her fundamental rights. During the proceedings, the Chamber noted that another amparo (case 25-033640-0007-CO) had been filed by the same party, raising identical grievances based on the same facts. To avoid the risk of contradictory rulings and unnecessary delays, the Chamber ordered the case closed, indicating that the matter would be resolved in the other ongoing constitutional proceeding.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1355296.json", "html_url": "/legal/doc/nexus-sen-1-0007-1355296", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1355296" }, { "id": "nexus-sen-1-0007-1355767", "citation": "Res. 39223-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo for lack of response to environmental complaint", "title_es": "Amparo prematuro por falta de respuesta a denuncia ambiental", "summary_en": "The Constitutional Chamber rejects outright an amparo action filed against the Ministry of Health for the alleged failure to respond to a complaint regarding the poor condition of a public bus stop shelter with stagnant water, filed on September 27, 2025. The Chamber finds that the amparo is premature because the two-month period the Administration has to resolve the matter had not yet elapsed when the action was filed, in accordance with the General Public Administration Law. Although the issue could involve violations of fundamental rights such as health and the environment, the constitutional court deems the remedy inadmissible for not having exhausted the reasonable waiting period, reiterating that such claims generally belong in the contentious-administrative jurisdiction, unless exceptions apply—which was not the case here. The decision reaffirms the precedent of vote 2008-02545 regarding the referral of administrative deadline disputes to the contentious-administrative courts.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1355767.json", "html_url": "/legal/doc/nexus-sen-1-0007-1355767", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1355767" }, { "id": "nexus-sen-1-0007-1355883", "citation": "Res. 39353-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of Disobedience to an Environmental Amparo Judgment Against TAA and Ministry of Health", "title_es": "Reiteración de desobediencia a sentencia de amparo ambiental contra TAA y Ministerio de Salud", "summary_en": "The Constitutional Chamber addresses a second non-compliance claim filed by the petitioners against the Environmental Administrative Tribunal (TAA) and the Ministry of Health. The original 2020 judgment ordered the TAA to resolve administrative case 410-09-02-TAA within two months and the Ministry of Health to follow up on a health order. More than five years have passed without compliance. The TAA reports that the collegiate body was only recently integrated on September 30, 2025, to continue the hearing and requests an additional two-month extension. The Ministry of Health details numerous actions, including warrants, but acknowledges that SINAC and CNE reports rule out environmental damage and risk in the area, concluding the health order may lack current interest. The Chamber rejects the TAA’s extension request and upholds the non-compliance claim against both authorities, ordering immediate compliance under warning of sending certified copies to the Public Prosecutor’s Office for the crime of disobedience.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1355883.json", "html_url": "/legal/doc/nexus-sen-1-0007-1355883", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1355883" }, { "id": "nexus-sen-1-0007-1355913", "citation": "Res. 39386-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Absolute protection of the Moín Aquifer and vegetative growth housing", "title_es": "Protección absoluta del Acuífero Moín y viviendas por crecimiento vegetativo", "summary_en": "The Constitutional Chamber partially grants an amparo action against AyA, INVU, the Municipality of Limón, and SENARA for the lack of protection of Zone 6 of the Moín Aquifer. The Court annuls AyA's Agreement 2011-112 insofar as it authorizes 'vegetative growth housing' without density parameters, and orders AyA, SENARA, and the Municipality to re-delimit the zone based on updated technical criteria and the precautionary principle. It rejected the claims for total annulment of the Agreement, the Regulatory Plan, and the 20% impermeabilization threshold, finding no direct violation of fundamental rights on those points. The ruling reaffirms the mandatory application of the SENARA Matrix and the case law prohibiting subdivisions and high-density developments in highly vulnerable areas, but conditions any development on exhaustive hydrogeological studies. It is a key ruling on the tension between urban development, aquifer protection, and the principle of environmental non-regression in the Costa Rican Caribbean.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1355913.json", "html_url": "/legal/doc/nexus-sen-1-0007-1355913", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1355913" }, { "id": "nexus-sen-1-0007-1355944", "citation": "Res. 39424-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality Must Notify Complainant of Outcome of Environmental Complaint Regarding Stream Protection Zone", "title_es": "Municipalidad debe notificar al denunciante el resultado de denuncia ambiental sobre zona de protección de quebrada", "summary_en": "The Constitutional Chamber reviews an amparo filed by a citizen against the Municipality of Goicoechea, alleging violation of the right to a healthy and ecologically balanced environment due to constructions within the protection zone of the Mozotal stream. Although the Municipality demonstrated it had taken actions —including the removal of encroaching structures in September 2023—, the Chamber finds that it failed to notify the petitioner of the outcome of his original complaint from October 2022, reiterated in March 2023, and did not respond to a follow-up information request dated December 2, 2024. The Chamber grants the amparo based on a violation of the right to petition and access to administrative justice, ordering municipal authorities to inform the petitioner of the resolution and to answer the pending request within five days.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1355944.json", "html_url": "/legal/doc/nexus-sen-1-0007-1355944", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1355944" }, { "id": "nexus-sen-1-0007-1355949", "citation": "Res. 39429-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for bus noise pollution", "title_es": "Amparo por contaminación sónica de autobuses", "summary_en": "The petitioner filed an amparo action against the Public Transport Council (CTP) for noise and environmental pollution caused by a bus parked in front of her home with the engine running for extended periods, disturbing her rest and blocking access. Despite filing complaints and information requests since February 2025, the CTP failed to provide a formal response or effective solutions. During the amparo proceedings, the CTP issued communications clarifying that there is no authorized bus stop at the location and that enforcement of improper parking lies with the Transit Police. The Constitutional Chamber granted the amparo, finding that the administration remedied the omission during the process, but without awarding damages or costs according to the majority, with a partial dissenting vote advocating automatic condemnation. The ruling holds that the response satisfies the petitioner's rights, while reserving the ordinary jurisdiction for any challenge on the merits.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1355949.json", "html_url": "/legal/doc/nexus-sen-1-0007-1355949", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1355949" }, { "id": "nexus-sen-1-0007-1356031", "citation": "Res. 39527-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo by deputy for lack of response from Ministry of Health on battery regulation", "title_es": "Amparo de diputada por falta de respuesta del Ministerio de Salud sobre reglamento de baterías", "summary_en": "A deputy filed an amparo action against the Ministry of Health, claiming that she had not received a response to a request sent on September 23, 2025, in which she asked for information on the current status of the 'Regulation for the Comprehensive Management of the Use Cycle of Rechargeable Batteries for Electric Vehicles.' The inquiry was sent to an email address that was not the official channel for such procedures and to an official who no longer held the position of director. The Constitutional Chamber determined that the address used did not constitute an official means for receiving petitions, and therefore there was no formally filed request before the ministry. Consequently, no violation of the deputy's fundamental rights occurred. Nevertheless, after being notified of the amparo, the respondent authority replied to the request by official letter dated November 10, 2025, informing her of the regulation's status. The Chamber dismissed the appeal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1356031.json", "html_url": "/legal/doc/nexus-sen-1-0007-1356031", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1356031" }, { "id": "nexus-sen-1-0007-1356061", "citation": "Res. 39565-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for failure to respond by the Environmental Administrative Tribunal", "title_es": "Amparo por falta de respuesta del Tribunal Ambiental Administrativo", "summary_en": "The Constitutional Chamber hears an amparo filed by a congresswoman against the Environmental Administrative Tribunal (TAA) for lack of response to a letter dated September 3, 2025. The letter requested information on delays in appointing judges, staff transfers, caseload, and measures to strengthen the TAA. The respondent authority replied after being notified of the amparo's admission. The Chamber upholds the appeal for violation of the right to petition and timely response, but without awarding costs or damages, considering no direct financial harm occurred. One judge issues a partial dissent, imposing such condemnation for the breach of the legal deadline.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1356061.json", "html_url": "/legal/doc/nexus-sen-1-0007-1356061", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1356061" }, { "id": "nexus-sen-1-0007-1356075", "citation": "Res. 39579-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to prompt administrative justice in public lighting repair", "title_es": "Derecho a justicia pronta en reparación de alumbrado público", "summary_en": "The Constitutional Chamber reviewed a petition for amparo filed by an elderly person against the Costa Rican Electricity Institute (ICE) for delays in repairing a public streetlight, allegedly endangering her safety at night. The ICE argued that the delay was due to the need to prioritize electrical distribution network failures and the discovery of a beehive on the pole, which required coordination with the Fire Department to protect workers and comply with environmental regulations protecting pollinators. The Chamber found that the repair took two months and three weeks after the initial request and granted the amparo, though the problem was fixed while the petition was pending. The majority declined to impose costs, damages, or losses, concluding the claim did not involve a direct violation of a constitutional right of a patrimonial nature. Justice Salazar Alvarado partially dissented, arguing that an abstract condemnation for damages is always mandatory when an amparo is granted.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1356075.json", "html_url": "/legal/doc/nexus-sen-1-0007-1356075", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1356075" }, { "id": "nexus-sen-1-0007-1356330", "citation": "Res. 39886-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Mandatory Vacation and Right to Work against SINAC", "title_es": "Vacaciones obligatorias y derecho al trabajo ante el SINAC", "summary_en": "The Constitutional Chamber reviews an amparo action filed by a public employee against the National System of Conservation Areas (SINAC). The petitioner claims that, upon reinstatement as Technical Director, the employer forced him to take vacation days abruptly and without coordination, violating his rights to work, labor stability, and dignity. The Chamber declares the action inadmissible, holding that the legality of the employer's vacation requirement is a matter of ordinary labor law (regulated by the Labor Code and the Public Employment Framework Law) and must be litigated in the ordinary courts, not through constitutional amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1356330.json", "html_url": "/legal/doc/nexus-sen-1-0007-1356330", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1356330" }, { "id": "nexus-sen-1-0007-1356461", "citation": "Res. 40042-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature Amparo for Unanswered Municipal Environmental Complaint", "title_es": "Amparo prematuro por denuncia ambiental sin respuesta municipal", "summary_en": "The Constitutional Chamber declares inadmissible an amparo action filed against the Municipality of Heredia for failure to respond to a complaint regarding light, noise, and dust pollution from a sports complex. The claimant argues that despite filing the complaint on September 23, 2025, no resolution has been provided. The Chamber determines that at the time of filing the amparo (November 17, 2025), the two-month period within which the Administration must resolve the matter, as per Articles 261 and 325 of the General Public Administration Law, had not yet elapsed. Therefore, the action is premature and is rejected outright. It is clarified that, as a general rule, disputes over compliance with administrative deadlines must be brought before the administrative-contentious jurisdiction, but this case falls under an exception, though it is still procedurally defective due to prematurity.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "02/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1356461.json", "html_url": "/legal/doc/nexus-sen-1-0007-1356461", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1356461" }, { "id": "nexus-sen-1-0007-1356587", "citation": "Res. 39747-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for MINAE's failure to respond to administrative claim by elderly adults regarding Tenorio Volcano National Park", "title_es": "Amparo por falta de respuesta del MINAE a reclamo administrativo de adultos mayores sobre Parque Nacional Volcán Tenorio", "summary_en": "The Constitutional Chamber hears an amparo filed by two elderly adults, owners of a 215-hectare property in El Roble, Bijagua, Upala, which was included within the Tenorio Volcano National Park by Executive Decree 5836-A of 1976. The claimants argue that the inclusion was done without prior consultation or compensation, and that on August 18, 2025, they filed an administrative claim before the Minister of Environment and Energy seeking to nullify the property restrictions and the decree. Since no final response had been given by the time the amparo was filed (November 10, 2025), the Chamber grants the amparo for violation of the right to prompt and complete justice under Article 41 of the Constitution, ordering the Minister to resolve and notify the claim within one month, with a warning of criminal consequences for non-compliance. The Chamber applies an exception to its general case law remitting such matters to the administrative courts, due to the advanced age of the claimants.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1356587.json", "html_url": "/legal/doc/nexus-sen-1-0007-1356587", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1356587" }, { "id": "nexus-sen-1-0007-1356618", "citation": "Res. 25588-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Accession to the 1996 London Protocol on Marine Pollution", "title_es": "Adhesión al Protocolo de Londres 1996 sobre contaminación del mar", "summary_en": "The Constitutional Chamber reviews a mandatory legislative consultation regarding the bill for Costa Rica's accession to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Protocol). The Chamber finds no procedural flaws in the legislative process. On the merits, it analyzes the Protocol, which adopts a preventive approach and a 'reverse list' system (general prohibition of dumping with authorized exceptions). A key aspect is the reservation in Article 2 of the bill, which conditions the entry into force in Costa Rica of amendments to Articles 21 and 22 of the Protocol: 'minor protocols' will not require legislative approval, whereas 'substantial amendments' must follow the constitutional law-making process. The Chamber rules that the bill does not violate Constitutional Law and issues a favorable opinion. Justice Garro Vargas dissents in part, arguing that the Sustainable Development Goals should not be used as a constitutional benchmark, as they are not ratified treaties, and emphasizes that the classification of an annex as a 'minor protocol' must be based on its content, not its label.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "_off-topic" ], "date": "12/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1356618.json", "html_url": "/legal/doc/nexus-sen-1-0007-1356618", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1356618" }, { "id": "nexus-sen-1-0007-1356619", "citation": "Res. 26093-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Transfer of waste from GAM to Limón under regulation and supervision", "title_es": "Traslado de residuos de la GAM a Limón cuenta con regulación y supervisión", "summary_en": "The Constitutional Chamber dismisses an amparo action challenging the transfer of solid waste from the Greater Metropolitan Area (GAM) to the \"El Tomatal\" Environmental Technology Park landfill in Limón, operated by Empresas Berthier EBI de Costa Rica S.A. The claimant alleged threats to a healthy environment, public health, leachate contamination, tourism damage, and lack of state oversight. The Chamber finds the project has valid environmental viability approved by SETENA since 2008, a sanitary operating permit valid until April 2026, and that the Ministry of Health has been actively supervising —including biweekly and weekly inspections in 2025— issuing corrective sanitary orders and approving an intervention plan. No violation of fundamental rights is found. The request for certified copies of contracts or permits is also denied because the claimant failed to first seek them from the competent authority. The Chamber reminds the Minister of Health to continue monitoring the landfill.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "14/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1356619.json", "html_url": "/legal/doc/nexus-sen-1-0007-1356619", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1356619" }, { "id": "nexus-sen-1-0007-1356624", "citation": "Res. 34575-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of the bill on Promotion of Competition in the Medicines Market", "title_es": "Constitucionalidad del proyecto de Ley de Fomento y Promoción de la Competencia en el Mercado de Medicamentos", "summary_en": "The Constitutional Chamber reviewed a facultative consultation filed by ten legislators against bill 23.234, titled “Law for the Promotion of Competition in the Medicines Market.” The petitioners alleged procedural and substantive defects: violation of the principle of connection by including the CCSS in the final text; lack of technical reasonableness due to the absence of studies supporting price regulation and generics; infringement of the right to health because of alleged omissions regarding therapeutic equivalence and bioavailability studies; harm to freedom of commerce and contract by establishing a permanent price-setting mechanism; breach of legal certainty, territoriality, and equality; and violation of informational self-determination concerning the supply of price information. The Chamber rejected all arguments. It held that the CCSS was already included in the original draft and does not break the connection principle; the bill is backed by technical inputs and no specific study is required; Articles 3 and 6 do provide for therapeutic equivalence studies and periodicity; setting the entry price of medicines is justified by the social need to protect health and does not undermine economic freedoms; issues concerning the OECD, territoriality, and equality are not constitutional matters; and the required price information is public, thus does not affect informational self-determination. Consequently, the consultation was answered by declaring that the bill does not suffer from the alleged procedural or substantive defects.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1356624.json", "html_url": "/legal/doc/nexus-sen-1-0007-1356624", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1356624" }, { "id": "nexus-sen-1-0007-1356649", "citation": "Res. 20929-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality Denies Earth-Movement Permit Without Overstepping SETENA Jurisdiction", "title_es": "Municipalidad rechaza permiso de movimiento de tierra sin invadir competencias de SETENA", "summary_en": "The Constitutional Chamber dismisses in limine the amparo filed by a development company against the Municipality of Alajuela. The petitioner alleged that the municipality improperly denied its earth-movement permit application despite holding a SETENA environmental viability license. It argued compliance with all requirements and claimed the municipality confused an earth-movement permit with a construction permit, imposing excessive administrative burdens. The Chamber holds it is not a legality review body for municipal urban planning decisions nor a substitute for active administration. The amparo is deemed inadmissible to challenge technical compliance or the merits of the administrative ruling; such disputes belong in ordinary administrative or judicial proceedings. In separate reasoning, Justice Rueda Leal stresses the inadmissibility of amparo for juridical persons under the Inter-American Court's Advisory Opinion OC-22/16.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic", "environmental-law-7554" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1356649.json", "html_url": "/legal/doc/nexus-sen-1-0007-1356649", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1356649" }, { "id": "nexus-sen-1-0007-1356679", "citation": "Res. 41927-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to healthy environment in school due to flooding from adjacent sports facility", "title_es": "Derecho a ambiente sano en centro educativo por inundaciones de cancha colindante", "summary_en": "The Constitutional Chamber heard an amparo filed by the president of the School Board of Escuela El Campo in San Carlos against the Municipality of San Carlos and the Integral Development Association of Rancho Grande and Betel. The petitioner argued that the roofed sports field—multipurpose hall—administered by the Association under a municipal concession lacked an adequate stormwater drainage system. Since 2020, during rains, excess water had been diverted towards the school’s green and administrative areas, causing flooding, erosion, and other damage, endangering the health and safety of students and staff. Despite multiple requests to the authorities, no solution had been implemented. Materials for the works were delivered in 2022, but due to a lack of coordination between the municipality and the association, the works were not carried out. The Chamber recalled that the right to a healthy environment is intimately linked to the right to education and that the State must ensure safe and sanitary conditions in schools. It found clear delay and lack of coordination, so it declared the amparo granted, ordering both entities to adopt coordinately the necessary measures to solve the drainage problem within twelve months.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1356679.json", "html_url": "/legal/doc/nexus-sen-1-0007-1356679", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1356679" }, { "id": "nexus-sen-1-0007-1357887", "citation": "Res. 38426-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance motion by a third party lacking standing", "title_es": "Gestión de incumplimiento presentada por tercero no legitimado", "summary_en": "The Constitutional Chamber addresses a complaint filed by a person who is not a party in amparo proceeding 19-020028-0007-CO, alleging non-compliance with judgment 20200003992 issued on February 28, 2020. That judgment had ordered the Environmental Administrative Tribunal and the Municipality of Santa Ana to resolve administrative files and remove an illegal dump. The Chamber reiterates its consistent case law that only parties to the proceeding have standing to claim compliance with its orders. The complainant here neither joined as a party nor demonstrated any representation; thus, he lacks standing. Accordingly, the Chamber dismisses the complaint without reaching the merits of the alleged non-compliance.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1357887.json", "html_url": "/legal/doc/nexus-sen-1-0007-1357887", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1357887" }, { "id": "nexus-sen-1-0007-1357890", "citation": "Res. 38430-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of Compliance with the Coto Brus Aqueduct Improvement Project", "title_es": "Reiteración de cumplimiento del Proyecto de Mejoras al Acueducto de Coto Brus", "summary_en": "The Constitutional Chamber addresses a third contempt proceeding against the Costa Rican Institute of Aqueducts and Sewers (AyA) for non-compliance with judgment No. 2023029820, which ordered the Coto Brus Aqueduct Improvement Project to become operational within nine months to comprehensively resolve drinking water supply interruptions affecting over 32,000 people. Two years have passed since notification, and the project remains unfinished. The Chamber finds progress in planning, design, and environmental permitting (projects BPIP 3647 and BPIP 2662) but no effective operation. AyA cites structural, topographical, and external factors for interruptions, along with the complexity of permits required from SINAC and SETENA because works lie within the Las Tablas Protected Zone. Despite acknowledging administrative efforts and palliative measures (water trucks, pipe replacement), the Chamber reiterates the compliance order, warning that failure may lead to administrative proceedings and referral to the Public Prosecutor for possible criminal disobedience under articles 53 and 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "21/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1357890.json", "html_url": "/legal/doc/nexus-sen-1-0007-1357890", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1357890" }, { "id": "nexus-sen-1-0007-1357932", "citation": "Res. 38496-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Expulsion of organizations from the Civic Environmental Parliament", "title_es": "Expulsión de organizaciones del Parlamento Cívico Ambiental", "summary_en": "The Constitutional Chamber dismissed in limine the amparo action filed by four organizations (Red de Jóvenes por el Agua, Colectivo El Trueque, Confraternidad Guanacasteca and Organización Matzú Insigne) against their expulsion from the Civic Environmental Parliament (PCA) on September 5, 2025. The majority of the Chamber held that the PCA is a private-law entity, therefore failing to meet the admissibility requirements of Article 57 of the Constitutional Jurisdiction Law, since the respondent does not hold a position of power preventing the petitioners from seeking other judicial remedies. The decision relied on a recent precedent (ruling No. 2025033891) that had already classified the PCA as a private entity. Justice Rueda Leal dissented, arguing that documentary evidence (an official circular from the Department of Citizen Participation) proves the public nature of the PCA as a program under the Legislative Assembly, and therefore he would have admitted the case to examine the alleged violations of participation, association, due process, equality and non-discrimination rights.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "21/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1357932.json", "html_url": "/legal/doc/nexus-sen-1-0007-1357932", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1357932" }, { "id": "nexus-sen-1-0007-1357948", "citation": "Res. 38520-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "AyA's Belated Response to Information Request on Golfito Wastewater Treatment Plant", "title_es": "Respuesta extemporánea de AyA a solicitud de información sobre PTAR de Golfito", "summary_en": "A congressman filed an amparo against the Costa Rican Institute of Aqueducts and Sewers (AyA) for failing to respond to an information request filed on September 12, 2025, regarding the identification of land for the Wastewater Treatment Plant (PTAR) in Golfito. The Constitutional Chamber denies the amparo. The majority finds that although the request was filed on September 12, AyA requested an extension on September 25, which the congressman accepted; later, on October 14, 2025, AyA sent the response with the required information, before being notified of the amparo proceedings (October 17). Since the petitioner did not express disagreement with the response and it was provided prior to the amparo notification, the right is deemed satisfied. Judge Salazar dissents: he considers there was a violation because the ten-working-day deadline was not met, and the belated response does not remedy the injury, so the amparo should have been granted solely for compensation purposes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1357948.json", "html_url": "/legal/doc/nexus-sen-1-0007-1357948", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1357948" }, { "id": "nexus-sen-1-0007-1357957", "citation": "Res. 37560-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber grants amparo against SENASA for inaction on environmental complaint", "title_es": "Sala Constitucional ampara por inacción de SENASA ante denuncia ambiental", "summary_en": "The Constitutional Chamber reviewed an amparo action against the National Animal Health Service (SENASA) for failing to definitively resolve a citizen complaint about a chicken and rooster breeding operation in a residential area of Alajuela, which allegedly caused noise, pests, and foul odors. The petitioner argued that SENASA had been dilatory despite inspections. The Court found that while SENASA conducted several site visits, it failed to provide timely and effective follow-up; entry into the property was only achieved after the amparo was notified. The Chamber held that the delay violated the petitioner’s fundamental rights, particularly the right to a healthy environment and to prompt administrative justice. The amparo was granted, and SENASA was ordered to definitively resolve the complaint within one month, under penalty of criminal sanctions for non-compliance.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1357957.json", "html_url": "/legal/doc/nexus-sen-1-0007-1357957", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1357957" }, { "id": "nexus-sen-1-0007-1357967", "citation": "Res. 37639-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against telecom tower on sidewalk denied for lack of prior administrative claim", "title_es": "Amparo contra torre de telecomunicaciones en acera denegado por falta de gestión previa", "summary_en": "The Constitutional Chamber dismissed an amparo action against the Municipality of Heredia regarding the installation of a telecommunications pole on a public sidewalk. The petitioner alleged obstruction of pedestrian passage, visual pollution, loss of property value, and safety risks. The Municipality demonstrated that Sites Telecomunicaciones Costa Rica S.A. obtained construction permit No. 24124 and met all technical and legal requirements, including the regulatory minimum clearance of 1.20 meters (the sidewalk maintains 1.34 m). The Municipal Council authorized the precarious use of the cantonal right-of-way. The Chamber found that the petitioner had previously filed no claim, complaint, or petition with the municipal authority, preventing verification of any arbitrary omission or illegality. It reiterated that constitutional jurisdiction is subsidiary and cannot replace active administration. Although two justices issued separate notes, the majority held the amparo inadmissible for failure to exhaust prior administrative remedies.", "primary_topic_id": null, "topic_ids": [ "landscape-protection", "_off-topic" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1357967.json", "html_url": "/legal/doc/nexus-sen-1-0007-1357967", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1357967" }, { "id": "nexus-sen-1-0007-1358036", "citation": "Res. 38021-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reinforced oversight for storm drain relocation near springs", "title_es": "Seguimiento reforzado a reubicación de drenaje pluvial cerca de nacientes", "summary_en": "The Constitutional Chamber addresses a compliance action filed against the Municipality of Alajuela for failing to relocate a storm drain near the Lankaster and Nombre33105 springs within the six-month deadline set by a prior judgment. The Chamber finds that the Municipality encountered documented technical, topographical, and structural obstacles that require specialized studies, determination of protection zones, redesign of the drainage system, and potential land expropriation—activities that exceed the material capacity to comply within the rigid original timeframe. However, the Chamber refuses to declare noncompliance because the municipal actions have been diligent and ongoing, but imposes reinforced oversight: the Municipality must submit detailed bimonthly progress reports. The ruling clarifies that this decision does not excuse compliance in the shortest possible time and warns that future unjustified noncompliance could trigger consequences under Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "18/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1358036.json", "html_url": "/legal/doc/nexus-sen-1-0007-1358036", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1358036" }, { "id": "nexus-sen-1-0007-1358048", "citation": "Res. 38040-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Invasion in Garabito public lands and municipal omission", "title_es": "Invasión en zona demanial de Garabito y omisión municipal", "summary_en": "The petitioner filed an amparo action against the Municipality of Garabito, alleging the invasion of public lands and the municipality's failure to evict the squatters. The petition describes illegal structures on public and private property, threats, and a lack of security. However, the Constitutional Chamber ordered the petitioner to correct formal defects in the brief, including missing signature, unclear identification of the responsible public officials, and lack of a specific remedy sought. The order was duly notified but not complied with within the three-day period. Consequently, the Chamber dismisses the amparo outright pursuant to Article 42 of the Constitutional Jurisdiction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1358048.json", "html_url": "/legal/doc/nexus-sen-1-0007-1358048", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1358048" }, { "id": "nexus-sen-1-0007-1358084", "citation": "Res. 38086-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality of Flores fails to enforce zoning and nuisance obligations against industrial operation in residential area", "title_es": "Municipalidad de Flores incumple deber de fiscalización por ruidos y operación irregular de empresa en zona residencial", "summary_en": "Residents of San Joaquín de Flores filed an amparo against the Municipality of Flores de Heredia for failing to address nuisances caused by the company Trahiza, which operates in an area zoned residential under the local zoning plan. They alleged noise and environmental pollution, unauthorized construction of a workshop, and unpermitted earthworks. Despite multiple complaints and a prior amparo granted in 2018, the municipality did not effectively monitor the site. The Constitutional Chamber requested the petitioners to clarify whether they had filed a new complaint and provide supporting documentation. As they failed to comply with this requirement, the Chamber rejected the petition outright on procedural grounds, without prejudice to refiling.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1358084.json", "html_url": "/legal/doc/nexus-sen-1-0007-1358084", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1358084" }, { "id": "nexus-sen-1-0007-1358291", "citation": "Res. 38559-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Lack of water system capacity does not violate fundamental rights when ASADA and AyA act within legal framework", "title_es": "Falta de capacidad hídrica del acueducto no constituye violación de derechos fundamentales cuando la ASADA y AyA actúan dentro del marco legal", "summary_en": "The Constitutional Chamber reviewed a petition for amparo filed by a long-time user of the Pénjamo ASADA, who claimed that the ASADA had granted new water connections despite a water deficit, thus violating her acquired rights. The Chamber dismissed the amparo against both AyA and the ASADA. It found that AyA had fulfilled its oversight duties: it issued updated water balances, managed the registration of new sources with the Water Directorate, and issued binding recommendations. As for the ASADA, the Chamber determined that it was not proven that the current board (in office since March 2024) had issued new service letters; the irregularities belonged to the former board and are already under criminal investigation. The Chamber reiterated that a mere technical impossibility to expand service, when based on objective reasons and when the authority acts diligently, does not in itself constitute a fundamental rights violation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "21/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1358291.json", "html_url": "/legal/doc/nexus-sen-1-0007-1358291", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1358291" }, { "id": "nexus-sen-1-0007-1358388", "citation": "Res. 41789-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with amparo ruling on environmental noise in Turrialba", "title_es": "Desobediencia en amparo por ruido ambiental en Turrialba", "summary_en": "The Constitutional Chamber reviews a non‑compliance claim filed by the protected party, who alleged that the Turrialba Health Area failed to comply with ruling no. 2025028367 of September 5, 2025. That ruling granted the amparo and ordered the authority to process her noise complaint against a bar and notify her of the outcome within one month. The Ministry of Health reported that it carried out a sound measurement in October 2025, confirming the continuous noise exceeded the maximum permissible level under Decree No. 44486‑S, and recommended issuing a sanitary order. However, the Chamber finds the authority has taken no concrete action and has not notified a final decision to the complainant. It therefore upholds the claim, reiterates the order for immediate compliance, and warns the responsible officer of possible initiation of administrative proceedings or referral to the Public Prosecutor’s Office for non‑compliance under Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "_off-topic" ], "date": "17/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1358388.json", "html_url": "/legal/doc/nexus-sen-1-0007-1358388", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1358388" }, { "id": "nexus-sen-1-0007-1358541", "citation": "Res. 40156-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with ruling on sewage and wastewater treatment in Cartago", "title_es": "Desobediencia de sentencia sobre alcantarillado y aguas negras en Cartago", "summary_en": "The Constitutional Chamber rules on a non-compliance motion filed against the Municipality of Cartago for failing to execute a prior judgment that ordered the completion of the sewage and wastewater treatment system in the central canton within 18 months. The Chamber finds that, despite the time elapsed (over 27 months since notification) and municipal actions — such as initiating a contract termination procedure with JASEC and appraising a new plot — the problem remains unresolved, affecting thousands of residents. The case background dates back to at least 2007, with multiple unfulfilled orders. The Chamber grants the motion, reiterates the compliance order, and warns municipal authorities that failure to comply may lead to administrative proceedings or referral to the Public Prosecutor's Office.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "05/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1358541.json", "html_url": "/legal/doc/nexus-sen-1-0007-1358541", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1358541" }, { "id": "nexus-sen-1-0007-1358554", "citation": "Res. 40183-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Delay in responding about implementation of Decree 42955 on artisanal fisheries", "title_es": "Dilación en responder sobre implementación del Decreto 42955 de pesca artesanal", "summary_en": "The Constitutional Chamber reviews an amparo filed by representatives of the Network of Responsible Fishing Marine Areas against the Costa Rican Institute of Fisheries and Aquaculture (Incopesca), the Ministry of Agriculture and Livestock (MAG), and the Office of the President. The petitioners claim a violation of the right to petition and timely response, as they had requested information on June 19, 2023 regarding the implementation of Executive Decree 42955-MAG—which declares the small-scale artisanal fisheries development model to be of public interest—and received no timely answer. The Chamber partially grants the amparo against Incopesca and the Office of the President because a response was issued only on September 23, 2025, during the amparo proceedings, exceeding the ten-business-day deadline set by Article 32 of the Constitutional Jurisdiction Law. The claim against MAG is dismissed for lack of evidence that it received the request; the requests for meetings are also dismissed as they are not protected by amparo. The majority rules without an award of costs, while two judges dissent and would impose costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1358554.json", "html_url": "/legal/doc/nexus-sen-1-0007-1358554", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1358554" }, { "id": "nexus-sen-1-0007-1358686", "citation": "Res. 40409-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against demolition in Río Ipís protection zone without prior technical verification", "title_es": "Amparo por demolición en zona de protección del Río Ipís sin constatación técnica previa", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a family —including a female head of household, a minor, and an older adult— against the Municipality of Vázquez de Coronado and other institutions. The family claimed a violation of due process because the Municipality ordered the demolition of their home, allegedly within the protection zone of the Río Ipís, without first opening an administrative proceeding or having a technical study confirming the encroachment. The Municipality acted based on a prior ruling of the same Chamber ordering protection of the river zone. During the amparo proceedings, the Municipality suspended the demolition and admitted it lacked the technical authority to define the protection strip, which belongs to INVU. The Chamber partially granted the appeal, annulling the demolition order until a technical verification is performed, but rejected other claims, such as the discussion about possessory rights, referring them to ordinary jurisdiction. It also held that, even if demolition were proper, coordination with social welfare agencies is required due to the presence of vulnerable individuals. The majority did not award costs, damages, or losses, but one judge dissented on that point.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1358686.json", "html_url": "/legal/doc/nexus-sen-1-0007-1358686", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1358686" }, { "id": "nexus-sen-1-0007-1358745", "citation": "Res. 40504-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal inaction against illegal truck parking in residential zone", "title_es": "Inacción municipal ante aparcamiento ilegal en zona residencial", "summary_en": "The Constitutional Chamber examines an amparo petition filed against the Municipality of Cartago for failing to enforce an administrative order to cease an illegal heavy truck parking operation on a property located in a very high density residential zone, according to the Territorial Regulatory Plan. The petitioner claims that the activity generates noise and visual pollution, risk to the community, and violation of neighborhood rights. The Chamber issued a warning requiring the petitioner to clarify whether a formal request had been made to the municipal authority and its outcome, under penalty of summary rejection. After the deadline expired without compliance, the Chamber summarily dismissed the amparo based on Article 42 of the Constitutional Jurisdiction Law. The petition is not admitted for review due to failure to meet a procedural requirement, without a ruling on the merits. The decision is limited to declaring the inadmissibility of the petition for non-compliance, without analyzing the environmental or urban planning allegations raised.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1358745.json", "html_url": "/legal/doc/nexus-sen-1-0007-1358745", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1358745" }, { "id": "nexus-sen-1-0007-1358874", "citation": "Res. 40680-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of amparo regarding the location of the new Cartago hospital", "title_es": "Rechazo de amparo sobre ubicación del nuevo hospital de Cartago", "summary_en": "The Constitutional Chamber rejects de plano an amparo action filed against the Costa Rican Social Security Fund (CCSS). The petitioner challenged the construction of the new Cartago hospital on a site adjacent to an industrial zone with chemical plants, arguing that the CCSS Board of Acquisitions failed to assess the risk of technological accidents—explosions or fires—that could disrupt hospital operations, thereby violating the right to a healthy environment and the precautionary principle. The Chamber holds that the claim exceeds the summary nature of the amparo, as it requires a technical analysis of the site's suitability and risk studies, matters falling within the ordinary jurisdiction. It further notes that the petitioner had previously filed a similar amparo against SETENA’s environmental viability approval for the same project, which was also rejected on the same grounds. Consequently, the action is dismissed.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "05/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1358874.json", "html_url": "/legal/doc/nexus-sen-1-0007-1358874", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1358874" }, { "id": "nexus-sen-1-0007-1359082", "citation": "Res. 00725-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water service denial due to water deficit conditioned on public works", "title_es": "Denegatoria de agua potable por déficit hídrico condicionada a obra pública", "summary_en": "The Constitutional Chamber dismissed an amparo action against the Costa Rican Institute of Aqueducts and Sewers (AyA) for denying installation of a potable water meter for a home in Salitral, Santa Ana. AyA based its denial on a technical study showing a water deficit of -4.1 l/s in the ME-A-05 system, preventing new connections. After an internal appeal, AyA issued a water capacity certificate conditioned on completion of public works (Article 43 of the AyA Service Regulations), reserving a flow of 0.80 m³/day but maintaining the immediate denial. The Chamber reaffirmed its precedent (Ruling 2023009594) that water service providers may validly deny or condition requests on technical grounds. It found AyA adequately explained its reasons and that no fundamental rights were violated. The majority vote dismissed the appeal. Justice Castillo Víquez added a note on the Chamber's competence regarding prompt administrative justice, while Justices Cruz Castro and Rueda Leal dissented, ordering the inclusion of the Public Services Regulatory Authority (ARESEP) due to underlying water supply problems.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "09/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359082.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359082", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359082" }, { "id": "nexus-sen-1-0007-1359124", "citation": "Res. 40337-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition regarding the Stone Bridge of Grecia", "title_es": "Derecho de petición sobre el Puente de Piedra de Grecia", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by Carlos Alberto Chavarría Chavarría against the Ministry of Environment and Energy (MINAE). On August 18, 2025, the petitioner requested information on mining permits, environmental damage, and sanctions regarding the natural geological arch known as the Stone Bridge (Puente de Piedra) in Grecia, Alajuela. Having received no response, he alleged a violation of his right to petition. MINAE argued that the email address used belonged to the Energy Directorate, not the Geology and Mines Directorate (DGM), and that the request was \"sui generis\". The Chamber rejected this argument based on the principle of administrative coordination, which requires public entities to process requests through to a final decision, regardless of internal misdirection. The Chamber found no express and definitive response had been given within a reasonable time and granted the amparo. It ordered the Minister to answer the petition within three days, warned of criminal liability for non-compliance, and imposed costs on the State. The ruling reaffirms that the fundamental right to petition is violated by the mere omission of a response.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359124.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359124", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359124" }, { "id": "nexus-sen-1-0007-1359140", "citation": "Res. 40218-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Time-bar for amparo against municipal omissions regarding a mining concession", "title_es": "Plazo de caducidad del amparo frente a omisiones municipales sobre concesión minera", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Paraíso for failing to respond to a request for information and institutional pronouncement regarding Mining Concession 2022-CDP-PRI-095. The petitioner filed on December 5, 2024, and the Municipal Council agreed to request a technical opinion from the administration. A majority of the court denies the amparo on the basis of Article 35 of the Constitutional Jurisdiction Law, holding that the alleged violation—failure to reply—is a right whose infringement can be validly consented to, and the petition was filed more than ten months after the ten-business-day deadline for the administration to respond had passed. A dissenting minority of three justices argues that the statute of limitations does not apply to ongoing omissions, as the harm persists until a response is given. The decision does not address the environmental merits of the mining concession and leaves the ordinary judicial avenue open.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "05/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359140.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359140", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359140" }, { "id": "nexus-sen-1-0007-1359243", "citation": "Res. 40729-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with order to resolve environmental complaint at former Tajo Comag", "title_es": "Incumplimiento de orden de resolver denuncia ambiental en antiguo Tajo Comag", "summary_en": "The Constitutional Chamber hears a non-compliance motion filed by the petitioner in a prior amparo proceeding (case 25-006195-0007-CO) against the Ministry of Health. The original judgment (No. 2025013587 of May 9, 2025) had upheld the appeal and ordered the authorities of the Pavas Health District and the Central-South Health Governance Regional Directorate to resolve the environmental complaint filed by the petitioner on November 18, 2024 — concerning a clandestine dump and burning at the former Tajo Comag — within a non-extendable two-month period and to notify the petitioner of the decision. The petitioner claims that, after the deadline, the problem persists and no resolution has been notified. The authorities report numerous inter-institutional actions (working groups, inspections, sanitary orders) but fail to prove that they issued an administrative decision evaluating the issue and defining the Ministry of Health's specific orders, or that they notified the petitioner. The Chamber grants the motion, reiterates the original order, and warns that non-compliance will result in disciplinary proceedings and referral to the Public Prosecutor for possible disobedience.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359243.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359243", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359243" }, { "id": "nexus-sen-1-0007-1359361", "citation": "Res. 40853-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of environmental amparo due to lack of prior administrative complaint", "title_es": "Inadmisibilidad del amparo ambiental por falta de gestión previa ante la municipalidad", "summary_en": "The Constitutional Chamber declares inadmissible an amparo filed by a resident of Osa canton who complained about the lack of recycling collection points and the municipality's failure to implement a waste management system. The petitioner alleged violation of the right to a healthy environment (Article 50 of the Constitution) and asked the Chamber to order the creation of recycling infrastructure, educational campaigns, and oversight. The majority of the Chamber rules that amparo is not the proper avenue for environmental complaints requiring complex evidentiary proceedings and technical, budgetary, and policy determinations that belong to the active administration. It emphasizes that the petitioner did not first file a complaint with the municipality or other competent authorities, but directly sought to have the Chamber act as an oversight body, which exceeds its jurisdiction. Justices Cruz Castro and Rueda Leal dissent and would have admitted the amparo to gather more information on the alleged constitutional harm.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "09/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359361.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359361", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359361" }, { "id": "nexus-sen-1-0007-1359369", "citation": "Res. 40861-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Amparo for Environmental and Public-Health Complaint Not Filed Before Competent Authorities", "title_es": "Inadmisibilidad del amparo por denuncia ambiental y de salubridad no presentada ante las autoridades competentes", "summary_en": "The Constitutional Court summarily dismissed as inadmissible an amparo petition filed by residents of San Rafael de Heredia against the Ministry of Health, the Municipality, MINAE, and the Ministry of Security. Petitioners complained of environmental and sanitary deterioration in Central Park, blaming homeless individuals for contamination with drugs, alcohol, garbage, and bodily waste, and alleged official inaction. The Court reiterates that amparo is not a channel for filing environmental or public-health complaints; such complaints must be formally lodged with the competent administrative authorities. The Court cannot replace the active administration or determine technical and budgetary solutions. Because petitioners did not show they had previously approached the administrative bodies, the petition is inadmissible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359369.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359369", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359369" }, { "id": "nexus-sen-1-0007-1359542", "citation": "Res. 41063-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Delay in Processing Health Complaints in Santa Teresa", "title_es": "Amparo por demora en tramitación de denuncias sanitarias en Santa Teresa", "summary_en": "The Constitutional Chamber hears an amparo appeal against the Ministry of Health for the alleged delay in handling several health complaints filed by the appellant against the commercial establishments GOMA, Kooks, and SOMOS in Santa Teresa de Cóbano. The complaints warned about overcrowding, lack of licenses, infrastructure deficiencies, and violations of Law 7600, which the appellant considered a public health risk. The Chamber verifies that, at the time the amparo was filed, the respondent authority had not resolved the complaints, involving an excessive and unreasonable delay of over three months. However, following notification of the appeal, the Peninsular Health Governing Area conducted inspections, issued sanitary orders, and followed up on the detected violations (accessibility for persons with disabilities, capacity, noise, presence of animals). The Chamber grants the amparo under Article 52 of the Constitutional Jurisdiction Law, as the harmful omission ceased on account of the proceedings. The majority exempts from costs and damages, while Judge Salazar Alvarado dissents in part, considering such a sentence should always be applicable in these cases.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359542.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359542", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359542" }, { "id": "nexus-sen-1-0007-1359545", "citation": "Res. 41068-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against spoil heap on Route 32 expansion declared inadmissible", "title_es": "Amparo contra escombrera en ampliación de Ruta 32 declarado sin lugar", "summary_en": "The Constitutional Chamber dismisses an amparo filed by the owner of a property adjacent to a spoil heap associated with the Route 32 expansion. The claimant alleged that earth accumulation and a drainage trench caused seepage and landslides damaging his synthetic soccer field. The Chamber finds that the spoil heap has SETENA environmental clearance and operates under approved protocols, with a perimeter channel designed to protect neighboring properties. Although the field lies at a lower elevation and receives stormwater, there is no technical evidence that the heap's design or operation is unreasonable or contrary to regulations, nor that a direct collapse or slide had occurred. Regarding the Municipality of Siquirres, it was shown that it does not execute the road works, received the claimant, inspected the site, and referred the matter to CONAVI. The underlying dispute is technical and patrimonial in nature, beyond the scope of amparo proceedings. The action is dismissed without prejudice to the claimant's right to pursue civil or administrative remedies.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359545.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359545", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359545" }, { "id": "nexus-sen-1-0007-1359547", "citation": "Res. 41070-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to respond to complaint about illegal billboards on Route 32 affects road safety", "title_es": "Omisión de respuesta a denuncia sobre rótulos ilegales en ruta 32 afecta seguridad vial", "summary_en": "The Constitutional Chamber granted an amparo action against the Ministry of Public Works and Transportation (MOPT) and the Road Safety Council (COSEVI) for failing to formally respond to a complaint about illegally installed billboards on National Route 32 and in San Isidro de Heredia. The claimant argued that these structures posed a road safety risk and that, despite reporting the facts in June and August 2025, the authorities only forwarded his request internally without informing him of any measures taken. The Chamber found that, although the MOPT carried out removal operations for 48 illegal structures in October 2025, the lack of notification to the complainant violated his right to a prompt and complete administrative response. It ordered the notification of the technical report on the actions taken within three days, under penalty of disobedience. The action against CONAVI was dismissed for lack of jurisdiction.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "procedural-environmental" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359547.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359547", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359547" }, { "id": "nexus-sen-1-0007-1359554", "citation": "Res. 41078-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for noise pollution from the San José municipal band", "title_es": "Amparo por contaminación sónica de la banda municipal de San José", "summary_en": "The Constitutional Chamber reviews an amparo filed by residents of La Favorita Norte in Pavas against the Municipality of San José and the Ministry of Health, alleging noise pollution from the municipal band's rehearsals in nearby facilities. The claimants argued that extreme noise harms the health of children and the elderly, and that the Municipal Council rejected a motion to relocate rehearsals. The Ministry of Health conducted a measurement in April 2024 that did not exceed limits, but neighbors filed new complaints without effective response. The Chamber finds the first complaint was archived after a favorable measurement; however, the June 2024 complaint remains unresolved, and the September 2025 inquiry was not formally addressed. Regarding the Municipality, no specific administrative challenge was filed, and no fundamental rights violation is proven. The Court partially grants the amparo, ordering the Ministry of Health to respond to the September 2025 inquiry within five days and to definitively resolve the June 2024 complaint within two months, with the State liable for costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359554.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359554", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359554" }, { "id": "nexus-sen-1-0007-1359580", "citation": "Res. 41106-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of drinking water supply in State Natural Heritage area", "title_es": "Negativa de suministro de agua potable en área de Patrimonio Natural del Estado", "summary_en": "The Constitutional Court dismissed an amparo action filed by the president of the Playa Colibrí Community Improvement Committee against the ASADA La Palma and other authorities for refusing to supply drinking water. The petitioner claimed that, despite years of efforts, the service had been omitted or denied, forcing the community to use unsafe well water while other nearby communities on national heritage land did have service. The Court found no violation of fundamental rights, determining that the area is State Natural Heritage, an inalienable and imprescriptible public domain asset where only research, training, and ecotourism activities may be authorized with SINAC's permit. The respondent authorities demonstrated they acted legally, denying the service based on technical and legal criteria, including SINAC rulings confirming the protected status and ongoing criminal proceedings for illegal occupation and environmental damage. The ruling reaffirms that public service providers may reject requests when justified by technical or legal reasons, without that being arbitrary or rights-violating. One justice issued a separate note on prompt administrative justice, and two justices dissented, considering it necessary to hear from the regulatory authority (ARESEP) before deciding.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "property-and-titling", "forestry-law-7575" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359580.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359580", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359580" }, { "id": "nexus-sen-1-0007-1359681", "citation": "Res. 41227-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for CNE's failure to respond on Quebrada Los Negritos flooding", "title_es": "Amparo por omisión de respuesta de la CNE sobre inundaciones Quebrada Los Negritos", "summary_en": "The Constitutional Chamber heard an amparo filed by a congresswoman against the National Commission for Risk Prevention and Emergency Response (CNE) for failing to answer ten questions regarding recurrent flooding in Quebrada Los Negritos, submitted on October 20, 2025. The CNE requested an extension due to emergency response duties and answered nine of the ten questions on November 26, 2025, after being notified of the amparo. The Chamber found the response untimely, as more than a month passed without the CNE setting a specific deadline, and one question remained unanswered. It held that the right to petition and prompt response, as well as access to administrative information, had been violated. It granted the amparo and ordered the CNE to answer the remaining question within ten days, concerning the technical criteria that justified denying an emergency declaration after report UIAR-INF-0327-2024. The CNE was ordered to pay costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359681.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359681", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359681" }, { "id": "nexus-sen-1-0007-1359715", "citation": "Res. 41265-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against road access authorization in residential area deemed inadmissible as it seeks legality review", "title_es": "Amparo contra autorización de acceso vial en zona residencial es inadmisible por pretender revisión de legalidad", "summary_en": "The Constitutional Chamber summarily dismissed an amparo filed by residents of the Bermúdez neighborhood in Paso Ancho, San José, against the Ministry of Public Works and Transportation (MOPT). They claimed the Minister irregularly authorized vehicular access via a municipal road to an adjacent driving school, causing safety risks and violating their fundamental rights. The Chamber held that seeking to annul a ministerial resolution and order impact studies exceeds its jurisdiction, as amparo is not a mechanism to review the legality of administrative acts. It stated that such grievances must be pursued through ordinary or administrative channels. The appeal was deemed inadmissible.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359715.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359715", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359715" }, { "id": "nexus-sen-1-0007-1359742", "citation": "Res. 41293-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to neighboring urban development project plans", "title_es": "Acceso a planos de proyecto urbanístico vecino", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of San Marcos de Tarrazú for refusing to provide copies of plans and studies of a neighboring urban development project. The petitioner requested architectural and structural plans, stormwater drainage studies, and hydrological studies, among others. The municipality refused to hand over copies of the plans, citing the intellectual property of the engineer in charge, but offered to show them at the municipal office. Regarding the drainage and hydrological studies, it stated they were still being processed. The Chamber partially admits the appeal: it finds that the refusal to provide copies of the plans could violate the right of access to public information, and thus orders the amparo to proceed on that point. However, it flatly rejects the challenge concerning the studies still in process, as it constitutes mere disagreement with the response, which is beyond the constitutional jurisdiction's scope. The court does not rule on the merits but allows the proceedings to examine the possible infringement of the fundamental right of access to information regarding the plans.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359742.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359742", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359742" }, { "id": "nexus-sen-1-0007-1359755", "citation": "Res. 41306-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo regarding road works in spring zone", "title_es": "Amparo sobre obras viales en zona de nacientes", "summary_en": "Residents of Santiago de Puriscal filed an amparo action against the Municipality of Puriscal, claiming that the cantonal road project on El Cirri road threatened nine water springs supplying two thousand people. They argued the Municipality failed to conduct environmental impact studies or obtain necessary permits, and that the road widening would endanger water resources and the ecosystem. The Constitutional Chamber noted that the same facts were already under review in case 25-034676-0007-CO, previously filed by the local ASADA. The petitioners requested to be recognized as coadjuvants in that proceeding. The Chamber deemed it improper to admit a new amparo on identical facts, as it could lead to contradictory rulings and delay the first amparo. Consequently, it ordered closure of this case and incorporation of the filings into the first process as a coadjuvancy request, without ruling on the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359755.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359755", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359755" }, { "id": "nexus-sen-1-0007-1359784", "citation": "Res. 41335-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo inadmissible for execution of criminal precautionary measure", "title_es": "Recurso de amparo inadmisible por ejecución de medida cautelar penal", "summary_en": "The Constitutional Chamber summarily dismissed an amparo action filed by a resident against the Municipality of San Carlos and the Public Force. The petitioner claimed a violation of the right to a healthy environment (Article 50 of the Constitution) due to the demolition of a church, school, and houses in the Chorreras community, carried out in compliance with an atypical precautionary measure of restitution ordered in a criminal proceeding. The Chamber based its decision on Article 30(c) of the Constitutional Jurisdiction Law, which bars amparo against acts by administrative authorities executing judicial orders, provided those acts conform to the mandate. It held that the grievances must be pursued within the criminal case. Accordingly, the amparo was declared inadmissible, without addressing the alleged environmental violations.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359784.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359784", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359784" }, { "id": "nexus-sen-1-0007-1359808", "citation": "Res. 41359-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental guarantee deposit return is not cognizable in amparo", "title_es": "Devolución de garantía ambiental no es tutelable por amparo", "summary_en": "The Constitutional Chamber dismissed an amparo action filed against the National Technical Secretariat (SETENA). The complainant sought the return of an environmental compliance guarantee deposit made under mining file 182014 CDP Río La Vieja for a project in Florencia, San Carlos. He alleged that, despite environmental compliance and having requested a final inspection, a SETENA official refused to fully carry it out, and that later sale of the property rendered the release process impossible. The Chamber held that the dispute is purely a matter of ordinary legality and does not directly involve a fundamental right. It stressed the Court is not a legality controller or an appellate body over administrative decisions, and thus cannot rule on whether the guarantee should be returned. The complainant may raise his objections through administrative channels or the contentious-administrative jurisdiction. The amparo was therefore declared inadmissible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359808.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359808", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359808" }, { "id": "nexus-sen-1-0007-1359829", "citation": "Res. 41380-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Consolidation of amparos on visual contamination in San Ramón", "title_es": "Acumulación de amparos por contaminación visual en San Ramón", "summary_en": "The Constitutional Chamber reviewed an amparo filed against the Municipality of San Ramón, ICE, and SUTEL for alleged inaction regarding complaints of visual contamination caused by disorganized overhead cabling in the canton. The petitioners identified four utility poles with chaotic accumulations of telecommunication cables that they argued affected health, a healthy environment, and scenic beauty. The Chamber verified that the same facts and grievances were already under consideration in case file 25-037393-0007-CO, previously filed by the same party. Based on Article 9 of the Constitutional Jurisdiction Law, which allows rejection of manifestly inadmissible or repetitive claims, the Chamber ordered the archiving of the new amparo to avoid contradictory rulings and delays in the first proceeding. The resolution did not address the merits or make any finding on the alleged visual contamination.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "landscape-protection" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359829.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359829", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359829" }, { "id": "nexus-sen-1-0007-1359973", "citation": "Res. 41558-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed for failure to comply with preliminary order in Vista Verde sewer case", "title_es": "Amparo rechazado por incumplir prevención en caso de alcantarillado Vista Verde", "summary_en": "The Constitutional Chamber dismissed outright the amparo appeal filed by the Vista Verde Neighborhood Association against the Municipality of Santa Bárbara. The residents alleged violations of their rights to a healthy environment, petition, and timely response due to flooding problems, lack of a stormwater management plan, unauthorized earthworks, and absence of a second access road and hydrant. The Chamber issued a preliminary order requiring the appellant to clarify whether formal complaints had been filed with the municipality and to provide supporting documents. The deadline passed without compliance. Pursuant to Article 42 of the Law of Constitutional Jurisdiction, the Chamber dismissed the amparo without addressing the merits. This decision underscores the importance of strictly complying with procedural preliminary orders in environmental amparo proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "16/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1359973.json", "html_url": "/legal/doc/nexus-sen-1-0007-1359973", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1359973" }, { "id": "nexus-sen-1-0007-1360107", "citation": "Res. 41719-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Digital signature requirement and prematurity of amparo in animal hoarding health complaint", "title_es": "Exigencia de firma digital y prematuridad del amparo en denuncia sanitaria por acumulación de animales", "summary_en": "The Constitutional Chamber declared inadmissible the amparo filed by a citizen against SENASA for failing to process a complaint about the hoarding of animals (rabbits and dogs) in the home of his elderly mother. The plaintiff argued that requiring a digital signature to process the complaint, despite the imminent health risk, violated the rights to life, health, a healthy environment, and special protection for the elderly. The Chamber held, first, that the legality of the procedure and the admissibility of the complaint must be resolved through ordinary administrative or judicial channels, as it is not a legality controller. Moreover, it found that the administration offered alternatives for providing a signature and that the delay was attributable to the plaintiff. Second, although the complaint constitutes an environmental and health petition that could potentially be protected, the amparo was filed less than two months after the request, a period not considered unreasonable under Article 261 of the General Public Administration Law. Therefore, the amparo was premature, without prejudice to seeking amparo relief again after that period expires.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360107.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360107", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360107" }, { "id": "nexus-sen-1-0007-1360108", "citation": "Res. 41720-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo dismissed in neighborhood conflict and municipal environmental complaint", "title_es": "Inadmisible por prematuro amparo sobre conflicto vecinal y denuncia ambiental municipal", "summary_en": "The Constitutional Chamber flatly dismisses an amparo filed by an elderly woman against a security guard hired by neighbors and against the Municipality of San José. The appellant complained about trash accumulation, illegal constructions on green areas and sidewalks, fire risk from irregular electrical connections, and ownership of dogs causing noise and insecurity. Regarding the guard, the Chamber finds he is a private individual, so amparo is not appropriate; other legal remedies and complaints to competent authorities exist. With respect to the Municipality, although the complaint is environmental and could be protected by amparo, it is declared inadmissible as premature, since the complaint was filed in November 2025 and the amparo in December 2025, without the two-month period under Article 261 of the General Public Administration Law having elapsed. It is clarified that amparo 25-036514-0007-CO did not include a precautionary measure suspending municipal action. A warning is given about retrieval of paper documentation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360108.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360108", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360108" }, { "id": "nexus-sen-1-0007-1360166", "citation": "Res. 41794-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality of Liberia — expansion of waste collection service in El Salto Viejo", "title_es": "Municipalidad de Liberia — ampliación de servicio de recolección de basura en El Salto Viejo", "summary_en": "The Constitutional Chamber addresses a subsequent motion filed by the mayor and the director of the Technical Unit for Road Management (UTGV) of the Municipality of Liberia, regarding ruling 2025039396, which ordered the expansion of solid waste collection services in the community of El Salto Viejo within one month. The appellants request clarification and addition on two points: that the order be directed to the Environmental Management Unit instead of the UTGV, and that the deadline be extended due to prior steps required. The Chamber denies both requests. It notes that the original ruling already ordered both authorities to coordinate according to their respective competences, so no clarification is needed. Furthermore, the one-month deadline is the standard period granted by this Court in similar cases, making the extension request inadmissible. The motion for clarification and addition is dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360166.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360166", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360166" }, { "id": "nexus-sen-1-0007-1360194", "citation": "Res. 41931-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo regarding sugarcane burning in Turrialba", "title_es": "Amparo por quemas de caña de azúcar en Turrialba", "summary_en": "The Constitutional Chamber hears an amparo filed by a 71-year-old oxygen-dependent resident of El Recreo de Turrialba against the MAG, the Ministry of Health, and MINAE. The petitioner claims that since April 1, 2025, he has filed complaints about sugarcane burning on farms in Turrialba, producing black particles that affect his health, but the authorities have not provided an effective solution. The Chamber finds that the petitioner asked the MAG to \"eradicate the practice of sugarcane burning,\" but the MAG repeatedly responded that eliminating a legally regulated practice is beyond its authority and that it ensures compliance with the Controlled Agricultural Burning Regulation. MINAE reports no complaints received, and the Ministry of Health shows no recent filings. The Chamber denies the amparo, finding no omission by the authorities violating the petitioner's fundamental rights; the agencies responded to the requests within their competence.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360194.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360194", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360194" }, { "id": "nexus-sen-1-0007-1360237", "citation": "Res. 41916-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of sidewalk in railway right-of-way", "title_es": "Improcedencia de acera en derecho de vía ferroviario", "summary_en": "The Constitutional Chamber holds that the petitioner must abide by its prior ruling No. 2025-003649, which had already denied a previous amparo action on the same claim. In that earlier decision, the Chamber found that building a sidewalk on INCOFER property designated as a railway right-of-way is legally unfeasible because Article 53 of the General Railways Law prohibits pedestrian traffic on the railway line, and that strip is not intended for pedestrian infrastructure. The Chamber had already analyzed and dismissed the petitioner's arguments, who insisted that the sidewalk be placed on an adjacent INCOFER lot to facilitate safe passage for persons with disabilities. The current resolution merely applies the principle of res judicata, as the facts and claim were already definitively settled in the prior ruling, with no new circumstances warranting a fresh ruling on the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360237.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360237", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360237" }, { "id": "nexus-sen-1-0007-1360241", "citation": "Res. 41926-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Court denies amparo for road erosion in Playa Hermosa, Garabito", "title_es": "Sala Constitucional rechaza amparo por socavación de vía en Playa Hermosa de Garabito", "summary_en": "The Constitutional Court heard an amparo filed by residents of Playa Hermosa, Garabito, against the Municipality of Garabito, SINAC, and the CNE. Petitioners alleged violations of their rights to life, free transit, and a healthy environment, caused by progressive erosion of public road 611017 —the sole access to the Playa Hermosa-Punta Mala National Wildlife Refuge—, exacerbated by an illegal culvert draining the Laguna Pochotal wetland and authorities’ failure to carry out mitigation works. The Court found that, after damage from Tropical Wave #12 in July 2025, the Municipality and the CNE took concrete actions: inspections, technical reports, interagency coordination, and contracting of heavy machinery to stabilize the slope. It held there was no inaction, that actions were within ordinary competencies, and the CNE was not required to recommend a national emergency declaration. Regarding remaining repairs, it urged the Municipality to address them through ordinary channels within a reasonable time. The amparo was dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "wildlife-law-7317" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360241.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360241", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360241" }, { "id": "nexus-sen-1-0007-1360247", "citation": "Res. 41946-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to verify emissions for used vehicle imports", "title_es": "Omisión en verificación de emisiones para importación de vehículos usados", "summary_en": "The Constitutional Chamber upholds an amparo action filed by the Asociación Preserve Planet against the Ministry of Public Works and Transport (MOPT) and the Road Safety Council (COSEVI). The claim concerns the failure to implement the requirement set forth in Article 8, paragraph 7 of Executive Decree No. 39724-MOPT-MINAE-S, in force since 2016, which mandates a certificate or report of pollutant emissions measurement as part of the import process for used vehicles entering the country for the first time. The Chamber finds a prolonged, repeated, and unjustified omission lasting nearly a decade, which has excluded an environmental verification mechanism designed to prevent the entry of highly polluting vehicles. It holds that this inaction violates the fundamental right to a healthy and ecologically balanced environment under Article 50 of the Political Constitution. Therefore, it grants the appeal and orders the Minister of MOPT to adopt and coordinate, within three months, all necessary measures to ensure effective compliance with the regulation, warning of criminal penalties under Article 71 of the Constitutional Jurisdiction Law for non-compliance.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360247.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360247", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360247" }, { "id": "nexus-sen-1-0007-1360465", "citation": "Res. 42275-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against digital prescription decree", "title_es": "Inadmisibilidad de amparo contra decreto de receta digital", "summary_en": "The Constitutional Chamber summarily rejects a writ of amparo filed against Executive Decree No. 44714-S, which regulates digital prescriptions for systemic antimicrobials. The petitioner, a pharmacist, argued that the decree imposed excessive economic barriers to accessing medicines, excluded pharmaceutical oversight in the veterinary field, and violated fundamental rights such as health, life, equality, and a healthy environment. Reiterating its case law (vote 2025-014751), the Chamber notes that amparo against normative provisions is only exceptionally admissible: when they are challenged together with individual acts of application or are self-executing norms. Here, the petitioner attacks the decree in the abstract, without invoking a concrete act of application that harms her rights, making the writ manifestly inadmissible. The petitioner is advised that if she considers the norm unconstitutional, she must resort to the unconstitutionality action, meeting the legal requirements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360465.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360465", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360465" }, { "id": "nexus-sen-1-0007-1360511", "citation": "Res. 42333-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response regarding illegal dredging in Puntarenas", "title_es": "Amparo por falta de respuesta sobre draga ilegal en Puntarenas", "summary_en": "A deputy filed an amparo against the Municipality of Puntarenas for failing to timely respond to a request for information about a possible illegal dredging in the maritime-terrestrial zone. The Constitutional Chamber, by majority, denied the appeal because the municipality had provided a complete response on December 5, 2025, before being notified of the amparo proceedings on December 9. However, magistrate Salazar Alvarado dissented, arguing that the right to petition and prompt response was violated, as the law grants a ten-business-day deadline, which was not met. He proposed granting the appeal solely for indemnification purposes and ordering the municipality to pay costs and damages.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360511.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360511", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360511" }, { "id": "nexus-sen-1-0007-1360578", "citation": "Res. 42412-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo over noise and environmental pollution complaints", "title_es": "Amparo prematuro por denuncias de contaminación sónica y ambiental", "summary_en": "The Constitutional Court declares inadmissible an amparo action filed against the Ministry of Health for failing to address two complaints of noise and environmental pollution lodged on November 22 and December 1, 2025, regarding two butcher shops. The complainant alleged the Ministry had not stopped the use of loudspeakers on public roads or outdoor food preparation generating smoke and waste. The Court finds the amparo premature, as the two-month period under Article 261 of the General Public Administration Law for the authority to decide had not elapsed. It further holds that amparo cannot replace the Administration in processing complaints or adopting technical environmental measures, without prejudice to the complainant's right to refile once the period has passed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360578.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360578", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360578" }, { "id": "nexus-sen-1-0007-1360610", "citation": "Res. 42454-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on prior consultation with Afro-descendant population and distribution of TCM funds", "title_es": "Amparo sobre consulta previa a población afrodescendiente y distribución de fondos de TCM", "summary_en": "The Constitutional Chamber reviews an amparo action challenging the responses of the Technical Secretariat of the National Concessions Council and JAPDEVA to requests for information regarding prior consultation and distribution of revenues from the Moín Container Terminal (TCM) concession. The complainant argues that the concession should have been consulted with the Afro-descendant population since 1993 under ILO Convention 169, and that funds have not been directly allocated to that community. The majority of the Court flatly rejects the appeal as inadmissible, holding that disagreement with the responses does not violate the right of petition under Article 27 of the Constitution, but is a matter of infra-constitutional legality to be resolved through ordinary channels. Two judges dissent, contending that the facts could constitute a violation of the right to citizen participation protected by Article 9 of the Constitution, and would have admitted the amparo.", "primary_topic_id": null, "topic_ids": [ "indigenous-law-6172", "procedural-environmental" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360610.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360610", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360610" }, { "id": "nexus-sen-1-0007-1360870", "citation": "Res. 01626-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Electrocution of Howler Monkeys in Nosara and State Omission in Prevention", "title_es": "Electrocución de monos congo en Nosara y omisión estatal en prevención", "summary_en": "The Constitutional Chamber hears an amparo against the Executive Branch, ICE, MINAE, and various electric companies, alleging a failure to implement effective prevention and mitigation measures for wildlife electrocution, focusing on the howler monkey population in Nosara district. Despite Directive 13-2018 and Decree 44329-MINAE, which formalize guidelines and obligations, petitioners claim electrocution incidents persist or increase. The Chamber reviews reports showing respondents undertook many general actions (installation of insulating devices, pruning, clearing, commissions, etc.). However, it finds a specific fact: ICE builds new lines in Nosara with bare wiring, creating new risk points. It grants the amparo only against ICE and MINAE for that omission, ordering them to fix the problem in ICE's Nosara lines within six months. It dismisses other claims and actions against other companies for lack of territorial coverage or compliance. Contains dissenting vote requesting further proceedings and partial vote arguing matter should have been dismissed as a legality issue.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "wildlife-law-7317", "environmental-law-7554", "procedural-environmental" ], "date": "16/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360870.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360870", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360870" }, { "id": "nexus-sen-1-0007-1360877", "citation": "Res. 05264-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutionality action against Municipal Code amendment removing gender perspective", "title_es": "Acción de inconstitucionalidad contra reforma al Código Municipal que eliminó perspectiva de género", "summary_en": "The Constitutional Chamber reviewed an unconstitutionality action filed by the Executive President of INAMU against Article 17 of Law No. 8801 of 2010, which reformed subsection a) of Article 13 of the Municipal Code and eliminated the obligation to incorporate a gender perspective and create municipal women's offices. The plaintiff alleged failure to consult INAMU during the legislative process and violation of the principle of progressivity and non-regression in human rights. The Attorney General's Office and the Ombudsman coadjuvated, pointing out a setback contrary to international obligations (CEDAW, Belém do Pará). By majority, the Chamber dismissed the action on standing grounds: it held that the law does not grant INAMU direct institutional standing before the constitutional jurisdiction, and the plaintiff did not adequately substantiate standing based on diffuse interest. Judge Garro concurred in dismissal, citing defective formal argumentation. Judge Cruz dissented, considering the action admissible based on diffuse interest in defending women's rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360877.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360877", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360877" }, { "id": "nexus-sen-1-0007-1360882", "citation": "Res. 38014-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to Accessible Infrastructure and Speech Therapy for Student with Disability", "title_es": "Derecho a infraestructura accesible y terapia de lenguaje para estudiante con discapacidad", "summary_en": "The Constitutional Chamber granted an amparo action filed on behalf of a student with disabilities at Liceo de San Diego, La Unión de Cartago, against the Ministry of Public Education (MEP). The petitioner alleged two violations: failure to provide speech therapy services, which the minor had required since 2023 per technical recommendation, and lack of accessible infrastructure (ramps, accessible restrooms, ergonomic furniture) for persons with disabilities. The Chamber confirmed that MEP had been aware of both needs since 2024 but had not implemented effective remedial measures. On speech therapy, the Chamber reiterated case law obliging the State to guarantee special education support services without unreasonable delay. On infrastructure, it held that the mere existence of a diagnosis without a timeline or budget allocation constituted an ongoing violation of the student's rights to education, health, and a healthy environment. The ruling orders: (1) immediate provision of speech therapy as long as technical criteria so require; (2) completion within a maximum of 24 months of rehabilitation and adaptation works to ensure accessibility at Liceo de San Diego. Justice Garro Vargas issued a partial dissenting opinion, stating that the execution phase should be handled by the Administrative Litigation Court given the technical complexity of overseeing compliance (ramps, restrooms, furniture).", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1360882.json", "html_url": "/legal/doc/nexus-sen-1-0007-1360882", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1360882" }, { "id": "nexus-sen-1-0007-1361250", "citation": "Res. 01702-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against El Guarco Zoning Plan and Protective Zone Management Plan denied", "title_es": "Amparo contra Plan Regulador de El Guarco y Plan de Manejo de Zona Protectora es declarado sin lugar", "summary_en": "The Constitutional Chamber denied an amparo filed by a resident of the Río Navarro – Río Sombrero Protective Zone against the Municipality of El Guarco and SINAC. The petitioner claimed that the modification of the Municipal Zoning Plan and the drafting of the General Management Plan for the protective zone lacked effective citizen participation, transparency, and access to information, and imposed disproportionate restrictions on property rights, such as increasing the minimum subdivision area to 7,000 m². The Chamber reviewed the evidence and found no illegitimate, arbitrary, or omission-based conduct. Regarding SINAC, it credited a participatory process with community meetings in 2023 and 2025, inter-institutional technical tables with INVU, an eight-week period for comments, and digital publication of the management plan. As for the Municipality, the Chamber verified compliance with the procedure under Article 17 of the Urban Planning Law: public hearing, environmental viability from SETENA, technical approval from INVU, and publication in the official gazette. The Chamber emphasized that disputes over legality, proportionality, or technical merit of urban planning rules must be raised in administrative or contentious-administrative proceedings, not in constitutional amparo, as no direct, current, and clearly attributable harm to fundamental rights was proven.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "subdivision-fraccionamiento" ], "date": "16/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1361250.json", "html_url": "/legal/doc/nexus-sen-1-0007-1361250", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1361250" }, { "id": "nexus-sen-1-0007-1361400", "citation": "Res. 02702-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Health Ministry inaction on abandoned contaminated property", "title_es": "Amparo por inacción del Ministerio de Salud ante inmueble abandonado con contaminación", "summary_en": "The Constitutional Chamber upheld an amparo appeal filed by a resident of La Lima de Cartago, who reported that since June 2024, the Cartago Health Area had failed to address an abandoned property—roofless, with accumulated waste, stagnant water, and vector breeding—that endangered the health and healthy environment of her community. The health authority conducted inspections and issued a sanitary order in November 2024, but after confirming the registered owner's death in April 2025, it revoked the order and did not act diligently until notified of this amparo. The Chamber found that the unjustified delay in referring the case to the Municipality of Cartago for application of Article 84 of the Municipal Code violated fundamental rights to health, a healthy and ecologically balanced environment, and prompt and complete justice. The Cartago Health Area director was ordered to take all actions within her authority to effectively resolve the issue within three months.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1361400.json", "html_url": "/legal/doc/nexus-sen-1-0007-1361400", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1361400" }, { "id": "nexus-sen-1-0007-1361419", "citation": "Res. 41968-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against sonic pollution sanctions denied", "title_es": "Amparo contra sanciones por contaminación sónica denegado", "summary_en": "The Constitutional Chamber rejected an amparo action filed by the owner of Bar and Restaurant Barahona against the Ministry of Health, concerning fines of 462,200 colones each for non-compliance with administrative measures aimed at controlling sonic pollution from the establishment. The petitioner alleged violations of due process and presumption of innocence, claiming the fines were imposed while appeals for reconsideration with subsidiary appeal were pending, which he considered an abuse of authority. He also argued that he was denied complete access to the administrative file and an effective hearing to present his defense. The Court held that arguments regarding the legality of the health orders and the validity of the technical expert reports are not reviewable in constitutional proceedings but must be addressed in the appropriate ordinary channels. Based on the proven facts, the Court found that the petitioner did have access to the file and was able to exercise his defense rights through the appeals he filed, thus no fundamental rights violation was established.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1361419.json", "html_url": "/legal/doc/nexus-sen-1-0007-1361419", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1361419" }, { "id": "nexus-sen-1-0007-1361469", "citation": "Res. 42066-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Farm in Residential Area Does Not Pose Environmental or Sanitary Risk According to Evidence", "title_es": "Granja en zona residencial no genera riesgo ambiental ni sanitario según pruebas", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by residents of Santa Gertrudis Norte, Grecia, against the Ministry of Health, the Municipality of Grecia, and SENASA. The residents claimed that a property housing farm animals (horses, donkeys, a pig, sheep, chickens, and dogs) generated foul odors, proliferation of flies, cockroaches, and rodents, disturbing noises, and fecal waste discharge into sewers and a nearby stream, affecting their health. The Chamber noted that the authorities conducted multiple inspections before and after the complaints, including joint visits. All inspections confirmed the absence of offensive odors, vectors, anomalous noises, or conditions posing a health or environmental risk; the animals were in adequate welfare conditions and the activity held a current veterinary operating certificate. Manure management was proper (daily collection and transfer for organic fertilizer) and pest control measures were applied. The Chamber concluded that the claims were unproven, and the authorities acted properly by closing the case without violating the right to a healthy environment. Justices Castillo Víquez and Salazar Alvarado added separate notes on jurisdiction and the exception for hearing the case due to alleged fundamental rights violations.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1361469.json", "html_url": "/legal/doc/nexus-sen-1-0007-1361469", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1361469" }, { "id": "nexus-sen-1-0007-1361494", "citation": "Res. 42213-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for information on Estero de Puntarenas contamination — Ministry of Health responds during proceedings", "title_es": "Solicitud de información sobre contaminación del Estero de Puntarenas — Ministerio de Salud responde intra-proceso", "summary_en": "A citizen filed an amparo against the Ministry of Health for failing to respond to a request for information on measures, studies, and permits related to pollution of the Estero de Puntarenas, allegedly caused by wastewater from the Puntarenas Municipal Market. The request, sent on November 5, 2025 to the minister's official email, included seven questions about sanitary orders, technical reports, sanitation plans, and location and discharge permits. After the amparo was notified, the minister responded on December 9, 2025, attaching relevant documents such as certifications from AyA, approval of a treatment plant for the Municipality, prior sanitary orders, and water quality reports. The Constitutional Chamber found that the claim was satisfied after the amparo was filed, so it granted the amparo but without award of costs, damages, or losses, under Article 52 of the Constitutional Jurisdiction Law. There were partially dissenting votes on the issue of compensation and costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1361494.json", "html_url": "/legal/doc/nexus-sen-1-0007-1361494", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1361494" }, { "id": "nexus-sen-1-0007-1361791", "citation": "Res. 00272-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo inadmissible over Festival de la Luz relocation to La Sabana", "title_es": "Improcedencia de amparo por traslado del Festival de la Luz a La Sabana", "summary_en": "The Constitutional Chamber flatly rejects a writ of amparo filed against the Municipality of San José, the Ministry of Health, MINAE, SINAC, and ICODER regarding the alleged intention to move the 2025 Festival de la Luz inside the Parque Metropolitano La Sabana. The petitioner argued the event would harm an urban ecosystem and resident and migratory birds, without a prior technical study. The Chamber finds the amparo inadmissible because: (a) it is based on a mere intention—a future and uncertain event—not a concrete administrative action; (b) it is a matter of public record that the event was authorized and held on the roads surrounding the park, not inside it; and (c) the petitioner neither alleged nor proved having sought any action from the authorities before resorting to constitutional relief. The Chamber notes that any special protocol or measures for events must be requested through ordinary legality. The writ is rejected outright.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1361791.json", "html_url": "/legal/doc/nexus-sen-1-0007-1361791", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1361791" }, { "id": "nexus-sen-1-0007-1362086", "citation": "Res. 00585-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal for prior admission of amparo on municipal inaction", "title_es": "Archivo por admisión previa de amparo sobre inacción municipal", "summary_en": "The Constitutional Chamber received an amparo action against the Municipality of Cartago for failure to enforce an administrative order to cease the illegal use of a property as a heavy truck parking lot — an activity prohibited by the zoning plan and generating noise and pollution. The Chamber ordered the case archived after confirming that the same facts and grievances are already under review in a previously filed amparo (case file 25-39432-0007-CO) by the same protected party. It held that admitting a new proceeding would risk contradictory rulings and unnecessary delay in the first one, to the detriment of the petitioner. This is a procedural decision that does not address the merits of the alleged violations, limited to preventing duplicative proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1362086.json", "html_url": "/legal/doc/nexus-sen-1-0007-1362086", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1362086" }, { "id": "nexus-sen-1-0007-1362418", "citation": "Res. 13432-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "ARESEP challenges exclusion from fiscal rule", "title_es": "ARESEP reclama exclusión de regla fiscal", "summary_en": "The Constitutional Chamber dismisses an unconstitutionality action brought by the Public Services Regulatory Authority (ARESEP) against several articles of Title IV of the Public Finance Strengthening Act (Law No. 9635), which establishes a fiscal rule. ARESEP argued that subjecting it to this rule violated its constitutional autonomy (Arts. 188 and 189) and the principles of reasonableness, proportionality, and logic, given that it is financed with its own resources from the regulatory levy and not from the national budget. The Chamber bases its decision on precedents (2018-19511, 2022-13101, 2022-23239) holding that the budgetary balance principle of Article 176 of the Constitution is transversal and applies to all public administrations, including autonomous institutions. While the Chamber acknowledges that the legislator may have erred by not initially excluding ARESEP (later corrected by Law No. 10386 of 2023), that error does not amount to unconstitutionality, but rather a discretionary choice that could be amended. Consequently, the action is dismissed in its entirety, although one justice dissents, considering that the fiscal rule does violate autonomy and fundamental rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1362418.json", "html_url": "/legal/doc/nexus-sen-1-0007-1362418", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1362418" }, { "id": "nexus-sen-1-0007-1362426", "citation": "Res. 03364-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of unconstitutionality action against Decree 25902-MIVAH-MP-MINAE", "title_es": "Rechazo de acción de inconstitucionalidad contra Decreto 25902-MIVAH-MP-MINAE", "summary_en": "The Constitutional Chamber flatly dismisses an unconstitutionality action against Executive Decree No. 25902-MIVAH-MP-MINAE, which modified the Regional Urban Development Plan to establish protection and urban control zones in the Greater Metropolitan Area. The majority of the Court holds that the petitioner lacks standing. The underlying administrative proceeding the petitioner invoked —an application for lot segregation before INVU— had already concluded at the time of filing, so there was no prior pending matter to resolve, a mandatory requirement under Article 75 of the Constitutional Jurisdiction Law. Nor is the defense of diffuse interests proven, since the challenged regulation is susceptible to individual application and the petitioner acknowledges a direct and personal effect on their property. Additionally, the action lacks adequate substantiation, as it does not precisely indicate which articles of the decree are deemed unconstitutional. Dissenting votes are presented, considering the flat dismissal premature and ordering the petitioner to be given notice to remedy the omissions.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "subdivision-fraccionamiento", "_off-topic" ], "date": "28/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1362426.json", "html_url": "/legal/doc/nexus-sen-1-0007-1362426", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1362426" }, { "id": "nexus-sen-1-0007-1362430", "citation": "Res. 03316-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Partial unconstitutionality of Gandoca-Manzanillo Refuge Management Plan and ministerial directive", "title_es": "Inconstitucionalidad parcial del Plan de Manejo del Refugio Gandoca-Manzanillo y directriz ministerial", "summary_en": "The Constitutional Chamber declared, by majority, the unconstitutionality of the 2017-2023 General Management Plan for the Gandoca Manzanillo Wildlife Refuge, published in 2022, for violating articles 50 and 89 of the Constitution and the Ramsar Convention. The Court found that by excluding from its scope the forested area whose delimitation was ordered in judgment 2019-012745, the plan creates uncertainty that prevents effective protection of wetland and forest ecosystems, undermining the preventive and precautionary principles. It also annulled Directive No. 09-2023 of the Ministry of Environment and Energy for stating that the refuge’s boundaries were those of Law No. 9223, disregarding the Chamber’s own partial annulment of that law. The action against the Talamanca-Distrito Cahuita Coastal Regulatory Plan was found inadmissible because the public hearing required for its approval had been previously annulled, depriving it of validity. A third-party motion to clarify the ruling’s effects was dismissed for lacking standing and for seeking legality assessments beyond the Court’s competence. The decision reinforces the State’s duty to demarcate and protect the refuge’s forested areas and wetlands, urging SINAC to comply with the 2019 order.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "biodiversity-law-7788", "forestry-law-7575" ], "date": "28/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1362430.json", "html_url": "/legal/doc/nexus-sen-1-0007-1362430", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1362430" }, { "id": "nexus-sen-1-0007-1362466", "citation": "Res. 03598-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Poultry farm pollution: amparo granted due to state ineffectiveness", "title_es": "Granja avícola contamina comunidad: el amparo procede ante ineficacia estatal", "summary_en": "The Constitutional Chamber reviews an amparo action filed by residents of Calle El Monte and Concepción de San Ramón against the operation of the Los Güiros poultry farm. They allege persistent harm from foul odors, fly proliferation, noise during bird dispatch, and deficient waste management, affecting health and the environment despite years of complaints and sanitary orders from the Ministry of Health and SENASA. The Chamber finds that, although the authorities conducted numerous inspections and issued corrective orders since 2019, the measures failed to achieve a definitive solution; notably, the wastewater treatment system remained unapproved and nuisances continued. Relying on the precautionary principle, the right to a healthy environment, and the principle of administrative coordination, the court deems the state response insufficient and grants the amparo. It orders the authorities to definitively resolve the problem described in the administrative complaint within six months, without imposing a specific technical measure, but requiring material effectiveness in protecting fundamental rights.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "art-50-constitution", "procedural-environmental" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1362466.json", "html_url": "/legal/doc/nexus-sen-1-0007-1362466", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1362466" }, { "id": "nexus-sen-1-0007-1362472", "citation": "Res. 03559-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "ASADA not required to immediately replace pipes if service meets standards", "title_es": "ASADA no está obligada a sustitución inmediata de tubería si el servicio cumple estándares", "summary_en": "The Constitutional Chamber denied an amparo action filed against the ASADA of Cacao de Nandayure and ARESEP. The petitioners sought the immediate replacement of the water pipe network in Barrio El Sur, arguing its age (over 30 years) threatened their rights to drinking water, health, and life. The Court analyzed the case under the fundamental right to water—derived from the rights to life, health, and a healthy environment. It found no current violation because the service complied with minimum standards of continuity, pressure, and quality. The authorities had conducted technical inspections, issued recommendations for improvements, and initiated oversight processes. The Court held that infrastructure age alone does not constitute a constitutional injury absent actual service disruption, and the constitutional jurisdiction should not displace technical-administrative judgment to impose structural solutions when progressive improvement actions are underway.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1362472.json", "html_url": "/legal/doc/nexus-sen-1-0007-1362472", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1362472" }, { "id": "nexus-sen-1-0007-1362473", "citation": "Res. 03462-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "MOPT's Failure to Remove Illegal Billboards on Route 160", "title_es": "Omisión del MOPT en remover publicidad ilegal en Ruta 160", "summary_en": "The Constitutional Chamber granted an amparo appeal against the Ministry of Public Works and Transport (MOPT) for failing to resolve a complaint about illegal advertising structures within the right‑of‑way of National Route 160 (Belén–Sámara stretch). The complainant, who filed the complaint on September 4, 2025, argued that the billboards obstruct visibility, endangered road safety, and harmed the landscape and healthy environment. Although MOPT claimed it had carried out operations and scheduled another for March 2026, it did not prove it had formally responded or resolved the complaint, which the Chamber deems a violation of Article 41 of the Constitution (right to a prompt and fulfilled justice). The ruling orders MOPT to definitively resolve the complaint within one month and notify the complainant. The Chamber clarifies this case qualifies as an exception to the general rule of referring such claims to the administrative‑contentious jurisdiction, due to the alleged risk to life and physical integrity.", "primary_topic_id": "landscape-protection", "topic_ids": [ "procedural-environmental", "landscape-protection" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1362473.json", "html_url": "/legal/doc/nexus-sen-1-0007-1362473", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1362473" }, { "id": "nexus-sen-1-0007-1362474", "citation": "Res. 03442-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for noise pollution from Frumar in Playas del Coco", "title_es": "Amparo por contaminación sónica de Frumar en Playas del Coco", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of Playas del Coco, Carrillo, against the Ministry of Health for failing to definitively resolve complaints of noise pollution and wastewater leakage from the company Frumar. The Chamber finds that while the Ministry diligently addressed odor and septic tank complaints—confirming no irregularities—noise measurements showed exceedances of maximum permissible limits under Decree 44486-S. However, the company repeatedly violated sanitary orders by submitting ineffective or unsigned acoustic confinement plans. Despite rules allowing only two plans, the Ministry granted another opportunity. The Chamber partially grants the amparo for noise pollution, ordering a definitive solution within one month, execution of the decision, and notification to the petitioners.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1362474.json", "html_url": "/legal/doc/nexus-sen-1-0007-1362474", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1362474" }, { "id": "nexus-sen-1-0007-1362476", "citation": "Res. 03419-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal failure to repair public road violates fundamental rights", "title_es": "Incumplimiento municipal en reparación de camino público afecta derechos fundamentales", "summary_en": "The Constitutional Chamber partially granted an amparo action against the Municipality of Desamparados for the deplorable condition of the public road 'Calle Naranjo' in Guatuso de Patarrá. Despite a previous 2023 ruling that had already upheld a similar amparo, the Municipality only carried out palliative and ineffective interventions, without comprehensive drainage or compaction works. The Chamber found that the municipal inaction violated the rights to free transit, health, and access to essential public services of at least fifteen families, and also prevented the Costa Rican Institute of Aqueducts and Sewers (ICAA) from taking over the community aqueduct as ordered by another constitutional ruling. The Municipality was ordered to definitively resolve the problem within eighteen months, and was condemned to pay costs, damages, and losses. The ICAA was exonerated. The ruling includes a partial dissenting vote regarding the enforcement phase.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1362476.json", "html_url": "/legal/doc/nexus-sen-1-0007-1362476", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1362476" }, { "id": "nexus-sen-1-0007-1362518", "citation": "Res. 03603-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of drinking water for technical reasons does not violate fundamental rights", "title_es": "Negativa de agua potable por razones técnicas no vulnera derechos fundamentales", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by the owner of two lots in Valle Verde, Guápiles, who claimed that the AyA and the ASADA Buenos Aires Sur arbitrarily denied him drinking water service. The Court found no violation of fundamental rights because the denial was based on objective technical criteria: the properties lie outside the coverage area of both the AyA's and the ASADA's systems; there is an insurmountable technical obstacle because the Numancia tank is at a lower elevation; the area is subject to environmental restrictions due to aquifer vulnerability and the protection of strategic water sources; and the petitioner had not submitted the required technical studies nor complied with the regulatory prerequisites for requesting service availability. The Chamber reiterated that the fundamental right to water is not absolute and does not compel provision of service when technical, legal or environmental impossibility is proven. Challenges to the underlying technical requirements belong in ordinary administrative or contentious-administrative proceedings, not in amparo. The respondent authorities were directed to continue working to overcome the technical impossibility within a reasonable time.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1362518.json", "html_url": "/legal/doc/nexus-sen-1-0007-1362518", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1362518" }, { "id": "nexus-sen-1-0007-1364353", "citation": "Res. 00606-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Repeated Noncompliance with Creek Cleaning Orders in Puntarenas", "title_es": "Incumplimiento reiterado de órdenes de limpieza de quebrada en Puntarenas", "summary_en": "The Constitutional Chamber hears a second noncompliance proceeding regarding Judgment 2025-017101, which ordered the Municipality of Puntarenas and the Barranca Health Area to resolve environmental and health complaints concerning the Bomba Vieja Creek. The Municipality reports partial cleaning work and emergency intervention requests but acknowledges incomplete compliance. The Health Area reports issuing a health order and a fine but fails to show full compliance or proper notification to the petitioner. The Chamber finds that the authorities have disobeyed its orders and reiterates the requirement for immediate compliance with the previous judgments, warning that if noncompliance continues, certified copies will be sent (regarding the mayor) and administrative proceedings will be opened against the other officials.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1364353.json", "html_url": "/legal/doc/nexus-sen-1-0007-1364353", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1364353" }, { "id": "nexus-sen-1-0007-1364365", "citation": "Res. 00619-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Request for Clarification and Addition on Anchored FADs Prohibition Denied", "title_es": "Solicitud de aclaración y adición rechazada sobre prohibición de FADs anclados", "summary_en": "The Constitutional Chamber denies the request for clarification and addition filed by the petitioner, who had obtained a favorable ruling ordering several institutions to prevent fishing with FADs or fish aggregating devices anchored to the seabed. The petitioner sought to clarify that the prohibition covers any heavy material used as ballast, that it implies the removal of existing and future devices, and that Incopesca is the primary competent authority for their regulation as fishing gear. The Chamber finds that the original ruling was clear and resounding in prohibiting this unauthorized practice, and the respondent authorities must ensure its enforcement. It finds no error in the appraisal of facts or need for addition or clarification, therefore declaring the petition without merit.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1364365.json", "html_url": "/legal/doc/nexus-sen-1-0007-1364365", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1364365" }, { "id": "nexus-sen-1-0007-1364396", "citation": "Res. 00654-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber rejects amparo against neighborhood association over water charges and environmental fine", "title_es": "Sala Constitucional rechaza amparo contra asociación de vecinos por cobro de agua y multa ambiental", "summary_en": "The Constitutional Chamber addressed an amparo action filed by homeowners in the Vistas del Pacífico residential community against the Vistas del Pacífico Neighborhood Association. The plaintiffs claimed the association demanded payment of an environmental fine arising from criminal proceedings for water disobedience and usurpation, where MINAE was the aggrieved party, plus compulsory club membership fees, under threat of water service disconnection. They argued the association lacked authority to impose coercive charges and that the water system operated without legal concession. The Chamber confirmed the prior criminal case but held that assigning liability for the fine and resolving access conditions to the private water infrastructure are ordinary legality issues beyond constitutional jurisdiction. It found no direct fundamental rights violation requiring amparo protection. The appeal was denied, directing the parties to ordinary courts to settle their contractual and patrimonial disputes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1364396.json", "html_url": "/legal/doc/nexus-sen-1-0007-1364396", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1364396" }, { "id": "nexus-sen-1-0007-1364417", "citation": "Res. 00676-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Recurrent flooding due to illegal piping of Gambrinos creek", "title_es": "Inundaciones recurrentes por entubamiento ilegal de quebrada Gambrinos", "summary_en": "Residents of La Torre neighborhood in San Juan de San Ramón filed a constitutional complaint after nearly two decades of flooding caused by illegal piping of the Gambrinos creek. Despite a 2006 ruling by the Constitutional Chamber ordering the municipality to fix the problem, illegal works persisted or worsened due to new pipings, increased runoff from urban developments, and lack of maintenance. The Chamber partially grants the amparo against the Municipality of San Ramón, the Water Directorate, and SINAC, finding that their prolonged inaction and lack of inter-institutional coordination violated the rights to life, health, environment, and property. It orders the creation of a commission within five days and a comprehensive plan within one month. The State, SINAC, and municipality are ordered to pay costs, damages, and losses. CONAVI is absolved.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "09/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1364417.json", "html_url": "/legal/doc/nexus-sen-1-0007-1364417", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1364417" }, { "id": "nexus-sen-1-0007-1364444", "citation": "Res. 00706-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Interinstitutional coordination for eviction of elderly and minors at risk of demolition", "title_es": "Coordinación interinstitucional para desalojo de adulto mayor y menores de edad con riesgos de demolición", "summary_en": "The Constitutional Chamber heard an amparo action filed by residents of Santa Bárbara de Heredia on behalf of an elderly person and minors living on a family property, against the Municipality of Santa Bárbara, the National Children's Trust, and the National Council for the Elderly. The municipality had issued preventive closure orders and commenced demolition proceedings for illegal constructions within the protection zone of the Zanjón River, in high-risk and environmentally vulnerable areas, without prior coordination with CONAPAM and PANI. The Chamber held that while the municipality has the authority to recover public domain property and order demolitions, it could not carry out the eviction without first ensuring a socioeconomic study and coordinating with social welfare institutions to guarantee a dignified housing alternative for the elderly person and minors, applying the special constitutional protection for vulnerable populations. The appeal was partially granted against the municipality, ordering that prior to eviction it coordinate with CONAPAM and PANI to assess the vulnerability situation and, if necessary, provide a dignified, non-temporary housing solution.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "water-law" ], "date": "09/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1364444.json", "html_url": "/legal/doc/nexus-sen-1-0007-1364444", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1364444" }, { "id": "nexus-sen-1-0007-1364445", "citation": "Res. 00707-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to respond to environmental complaint on water resources", "title_es": "Omisión de respuesta a denuncia ambiental sobre recurso hídrico", "summary_en": "The Constitutional Chamber reviews an amparo filed by an individual against the Ministry of Environment and Energy (MINAE) for failing to respond to an environmental complaint about alleged impacts on water resources in Bahía Ballena, Osa. The complainant reported unmapped springs, internal road construction involving earth movement, and discrepancies with the official map, requesting an inspection based on the precautionary principle. Although the complaint was filed in September 2025, no response was received until after the amparo was admitted for processing. The Chamber finds that the response was issued on November 20, 2025, after notice of the amparo, and thus grants the amparo under Article 52 of the Constitutional Jurisdiction Law, but without awarding costs or damages, per the majority opinion. Three justices partially dissent regarding damages, and one votes to continue proceedings to gather a report from SINAC.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1364445.json", "html_url": "/legal/doc/nexus-sen-1-0007-1364445", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1364445" }, { "id": "nexus-sen-1-0007-1364455", "citation": "Res. 00718-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Illegal settlement in protection zone bars municipal permits", "title_es": "Asentamiento ilegal en zona de protección prohibe otorgar permisos municipales", "summary_en": "The Constitutional Chamber denies an amparo appeal filed by a group of residents of an informal settlement in Guatuso de Patarrá, Desamparados, against the Municipality of Desamparados. The appellants sought authorization to build a bridge over an intermittent ditch on a private internal road, alleging danger to children and the elderly. The Chamber finds that the property is located in a special protection zone under the Partial Territorial Planning Plan of the Canton of Desamparados and the Regional Plan of the Greater Metropolitan Area (Executive Decree 25902-MIVAH), where urbanization and opening new public roads are prohibited. The occupants subdivided lots and built houses without municipal permits, constituting an illegal human settlement. The Municipality had already filed criminal complaints with the Environmental Crimes Unit of the OIJ (case 25-016810-042-PE) for encroachment on stream protection areas and change of forest use. The Chamber rules that it cannot order the Municipality to invest public funds in an illegal private road or override protective zoning, so it denies the amparo, directing the appellants to pursue their claims through ordinary channels.", "primary_topic_id": null, "topic_ids": [], "date": "09/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1364455.json", "html_url": "/legal/doc/nexus-sen-1-0007-1364455", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1364455" }, { "id": "nexus-sen-1-0007-1364582", "citation": "Res. 00851-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of Amparo for Petition Deemed a Request for Action Without Obligation to Respond", "title_es": "Improcedencia del amparo por gestión como excitativa o exhortación", "summary_en": "The Constitutional Chamber dismissed the amparo appeal filed by a resident of Finca Los Alfaro, Quepos, against the Municipality and its Municipal Council. The appellant alleged lack of response to a petition presented on October 21, 2025, requesting the formation of a special municipal commission to address the situation arising from a prior order by this same Chamber to delineate the mangrove ecosystem, which allegedly led to property annotations of Maritime-Terrestrial Zone and Restricted Zone, affecting construction permits and road declarations. The Chamber found that the Municipal Council had in fact responded: it incorporated the petition into its correspondence, referred it to legal counsel, scheduled a working meeting for January 22, 2026, and formally resolved the petition through a council agreement on December 15, 2025. However, the Chamber determined that the petition was not a genuine request for information or a complaint, but rather a directive or exhortation for the administration to act in a specific way, which is exhausted upon mere presentation and does not create an obligation to respond. Consequently, the appeal is dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1364582.json", "html_url": "/legal/doc/nexus-sen-1-0007-1364582", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1364582" }, { "id": "nexus-sen-1-0007-1364642", "citation": "Res. 00913-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed for failure to comply with prevention on route 737", "title_es": "Rechazo de amparo por incumplimiento de prevención sobre ruta 737", "summary_en": "This Constitutional Chamber ruling resolves an amparo filed by a resident on behalf of the inhabitants of the Aguas Claras district in Upala against the National Road Council (CONAVI) and the Municipality of Upala, due to the extremely poor condition of National Route 737 and surrounding roads, including the collapse of a bridge over the Caño Negro River. The petitioner alleges violations of fundamental rights such as life, health, education, and physical integrity due to decades of neglected road infrastructure. However, the Chamber had previously ordered the petitioner to state whether formal complaints had been filed with the respondent authorities specifically regarding route 737, and if so, to provide corresponding evidence. The petitioner did not precisely respond to this requirement, merely stating that the authorities were aware of the situation and attached documentation related to route 164, not 737. Consequently, the Chamber dismisses the amparo outright under Article 42 of the Constitutional Jurisdiction Law, for failure to cure the defects in the filing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1364642.json", "html_url": "/legal/doc/nexus-sen-1-0007-1364642", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1364642" }, { "id": "nexus-sen-1-0007-1364923", "citation": "Res. 01207-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Summary dismissal of amparo for untimeliness in environmental matter", "title_es": "Rechazo de plano por extemporaneidad de amparo ambiental", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed against the Municipality of Osa for failure to respond to inquiries regarding two development projects in Playa Dominical. The petitioner submitted the requests on October 24, 2024, and received no answer, but filed the amparo only on December 22, 2025—over a year later. The majority of the Chamber held that the two-month deadline under Article 35 of the Constitutional Jurisdiction Law applies to such omissions, as the injury could have been validly consented to. Consequently, the amparo was declared inadmissible. However, Justices Cruz Castro and Hess Herrera dissented, arguing that in the case of omissions, the statute of limitations does not run as long as the failure to respond persists, and the amparo should have been decided on the merits. The decision highlights an interpretive split on temporal admissibility of amparo against administrative silence.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "09/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1364923.json", "html_url": "/legal/doc/nexus-sen-1-0007-1364923", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1364923" }, { "id": "nexus-sen-1-0007-1365071", "citation": "Res. 01379-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of amparo against horse parade in San Ramón", "title_es": "Inadmisión de amparo contra tope ecuestre en San Ramón", "summary_en": "The Constitutional Chamber rejects outright an amparo filed against the Ministry of Environment and Energy, the Ministry of Health, and the Municipality of San Ramón for authorizing the horse parade on December 26, 2025. The petitioners alleged environmental and noise pollution, biological waste, animal abuse, harm to children, and the lack of prior technical criteria from SETENA and the Ministry of Health. The Chamber finds that the petitioners did not first present their complaint in writing to the respondent authorities, seeking to have this Court act as a substitute for active administrative bodies and as a complaint-processing instance. Based on Article 9 of the Constitutional Jurisdiction Law, the appeal is declared inadmissible due to failure to exhaust administrative remedies, reiterating that the amparo is not the proper avenue to file complaints when the competent authorities have not been formally approached.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "13/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1365071.json", "html_url": "/legal/doc/nexus-sen-1-0007-1365071", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1365071" }, { "id": "nexus-sen-1-0007-1365333", "citation": "Res. 01678-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality cannot apply hydrogeological study without a regulatory plan", "title_es": "Municipalidad no puede aplicar estudio hidrogeológico sin plan regulador", "summary_en": "The Constitutional Chamber reviews an amparo against the San Rafael de Heredia Municipal Council, which in August 2024 adopted a resolution to immediately apply management policies from a hydrogeological study, raising allowed lot coverage in the GAM Special Protection Zone from 30% to 70%. The petitioner claims the resolution is void for bypassing Urban Planning Law procedures and harms his environmental right by allowing greater coverage on a neighboring property. The Chamber holds that the legality of the resolution —whether it forms part of a regulatory plan and whether public participation and competence requirements were met— falls under ordinary jurisdiction due to evidentiary complexity. Since the resolution's validity is a necessary preliminary matter to assess the alleged environmental harm, the appeal is dismissed. A dissenting opinion argues the constitutional court should address public participation as a fundamental right.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1365333.json", "html_url": "/legal/doc/nexus-sen-1-0007-1365333", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1365333" }, { "id": "nexus-sen-1-0007-1365358", "citation": "Res. 01719-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal failure to respond to deputy's request regarding spring protection", "title_es": "Omisión municipal de respuesta a solicitud de diputado sobre protección de nacientes", "summary_en": "The Constitutional Chamber reviews a petition for amparo filed by a deputy against the Municipality of El Guarco for failing to respond to a request for information on the protection status of springs and illegal constructions in a protection zone under the regulatory plan. The petitioner sent a communication on July 4, 2025, and had received no reply by the time the petition was filed in November. During the proceedings, the municipality provided the requested information by means of an official letter dated December 4, 2025, stating that the case had been referred to SINAC and the Water Directorate due to illegal earthworks affecting unregistered springs, and that demolition proceedings were suspended pending the criminal investigation by the Cartago Prosecutor's Office. The Chamber grants the petition on the grounds of violation of the right to petition and timely response, since the omission was cured during the process. The majority decides without awarding costs, damages, or losses, considering the non-pecuniary nature of the claim and the timely remedy. Justices Salazar and Garro issue partial dissenting opinions imposing costs and/or damages, arguing that the belated response does not excuse the initial violation.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "16/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1365358.json", "html_url": "/legal/doc/nexus-sen-1-0007-1365358", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1365358" }, { "id": "nexus-sen-1-0007-1365363", "citation": "Res. 01727-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of Petition and Access to Information on Technical Closure of Río Azul Landfill", "title_es": "Derecho de petición y acceso a información sobre cierre técnico del Relleno Sanitario de Río Azul", "summary_en": "The Constitutional Chamber heard an amparo petition filed by the Association for the Development of Ecology against the Ministry of Health for failing to adequately respond to a public information request regarding the technical closure of the Río Azul Landfill. The request sought a breakdown of public funds, beneficiaries, public tenders, and environmental studies. The Chamber found that the 10-business-day response deadline was far exceeded (over 115 days), and that the Ministry's partial response—an Excel file with expenditure and beneficiary data, and a referral to SICOP for tender details—did not fully satisfy the right to access information. However, it considered that the referral to SICOP included specific data (procedure numbers) and was not a generic referral. It granted the amparo for violation of the right of petition and prompt response, but without awarding costs, damages, or harm, on the grounds that the response was provided as a result of the amparo and the claim was not of a directly patrimonial nature. The ruling includes partially dissenting votes: Justice Salazar Alvarado ordered costs and damages, and Justice Garro Vargas ordered damages but not costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1365363.json", "html_url": "/legal/doc/nexus-sen-1-0007-1365363", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1365363" }, { "id": "nexus-sen-1-0007-1365366", "citation": "Res. 01731-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prison conditions in high-containment module do not violate fundamental rights", "title_es": "Condiciones carcelarias en módulo de alta contención no vulneran derechos fundamentales", "summary_en": "The Constitutional Chamber dismisses an amparo petition filed by an inmate housed in the high-containment unit of the Terrazas Institutional Care Center. The petitioner alleged inhumane conditions including insufficient food, unsanitary trays, restrictions on family visits, and harm to his relationship with minor children. The Chamber examines reports from prison authorities and the Ministry of Health, which confirm that food portions are nutritionally adequate (with a therapeutic diet provided for the petitioner), hygiene and food-handling standards are met, and no current requests or authorizations exist for visits by minors. Regarding restrictions inherent to the high-containment regime (visits, phone calls, packages), the Chamber reiterates its settled case law that such matters are issues of ordinary legality to be addressed before prison authorities or sentence-enforcement judges, not through amparo. Accordingly, the petition is denied in its entirety, as no violation of fundamental rights is found.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1365366.json", "html_url": "/legal/doc/nexus-sen-1-0007-1365366", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1365366" }, { "id": "nexus-sen-1-0007-1365449", "citation": "Res. 01872-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water availability for legal entity not protectable via amparo", "title_es": "Disponibilidad de agua para persona jurídica no tutelable en amparo", "summary_en": "The Constitutional Chamber hears an amparo filed by a limited liability company against the AyA for the delay in resolving a potable water availability request for a real estate project in Liberia. The petitioner alleges administrative omission violating the right to prompt justice and access to water. However, the Chamber dismisses the appeal on the grounds that constitutional case law protects water claims for personal and residential use, not when the request is made by a legal entity for commercial purposes. Additionally, during the proceedings the AyA issued a non-availability certificate, denying the request for technical reasons. The dissenting vote of Justice Rueda Leal holds that the appeal should have been rejected outright, since legal entities are not holders of fundamental rights under the American Convention, and no essential link to an affected natural person was demonstrated.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "16/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1365449.json", "html_url": "/legal/doc/nexus-sen-1-0007-1365449", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1365449" }, { "id": "nexus-sen-1-0007-1365576", "citation": "Res. 02036-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Restriction of transit during eviction in Border Corridor National Wildlife Refuge", "title_es": "Restricción de tránsito durante desalojo en Refugio Nacional de Vida Silvestre Corredor Fronterizo", "summary_en": "The Constitutional Chamber analyzes a habeas corpus petition filed against the Ministry of Public Security for blocking municipal public road No. 2-10-249 in San Carlos, which allegedly impedes free transit. The petitioner claims an arbitrary and disproportionate restriction of his freedom of movement. The Chamber verifies that the blockade is part of the execution of a judicial eviction ordered by the Criminal Court of the Second Judicial Circuit of Alajuela, in case file 25-000857-0306-PE, for invasion of the Border Corridor National Wildlife Refuge. The Public Force maintains presence to ensure safety during the demolition of 76 illegal structures, debris removal, and protection of State Natural Heritage, as requested by SINAC. Authorized persons are allowed passage, and the petitioner is not on the list. The Chamber concludes that the restriction is temporary, reasonable, and proportional, derived from compliance with judicial precautionary measures, with no violation of fundamental rights. The petition is denied.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "16/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1365576.json", "html_url": "/legal/doc/nexus-sen-1-0007-1365576", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1365576" }, { "id": "nexus-sen-1-0007-1365753", "citation": "Res. 01647-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Non-Payment of Salaries to Alternate TAA Judge", "title_es": "Amparo por falta de pago de salarios a juez suplente del TAA", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by an alternate judge of the Administrative Environmental Tribunal (TAA) against the Ministry of Environment and Energy (MINAE) and the Directorate General of Civil Service. The petitioner claimed non-payment of salaries for multiple appointments between November 2024 and October 2025, attributing the delay to the processing of a global salary scale before the Civil Service and MIDEPLAN. The Chamber found that claims for appointments from November–December 2024 and several in 2025 were inadmissible as time-barred, exceeding the two-month limit under Article 35 of the Constitutional Jurisdiction Law. For other periods, the amparo was deemed premature, as an unreasonable delay (over two pay periods) had not elapsed per its jurisprudence. However, regarding appointments from June to August 2025, the Chamber noted that after the MINAE was notified of the initial amparo order, it took steps that led to payment of salaries owed for January–October 2025. Consequently, the amparo was partially granted under Article 52 of the Constitutional Jurisdiction Law, solely against MINAE for those periods, with the State ordered to pay costs and damages. The majority found the condemnation appropriate, while Judges Salazar and Garro concurred with separate reasoning on the award of costs and damages.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic", "procedural-environmental" ], "date": "16/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1365753.json", "html_url": "/legal/doc/nexus-sen-1-0007-1365753", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1365753" }, { "id": "nexus-sen-1-0007-1365796", "citation": "Res. 01858-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Waste contamination on railway line does not violate fundamental rights when municipal response provided", "title_es": "Contaminación por residuos en vía férrea no constituye lesión a derechos fundamentales cuando hay respuesta municipal", "summary_en": "The Constitutional Chamber dismissed an amparo action filed against INCOFER and the Municipality of Heredia concerning alleged waste accumulation on a railway line adjacent to the plaintiffs’ parents’ property. The petitioner claimed the debris and trash attracted pests, harming residents’ health, especially the elderly. The Chamber verified that the Municipality had inspected the site in October 2025 and removed ordinary waste, notifying the petitioner. INCOFER responded that waste collection falls outside its legal mandate. The Court found that the defendant authorities had taken action and that the reported facts were not substantiated to the degree alleged, thus no fundamental rights violation was proven. Separate concurring notes by Justices Castillo Víquez and Salazar Alvarado address administrative justice jurisdiction and the handling of environmental matters.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1365796.json", "html_url": "/legal/doc/nexus-sen-1-0007-1365796", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1365796" }, { "id": "nexus-sen-1-0007-1365903", "citation": "Res. 02326-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Firecracker explosions in Aserrí not subject to amparo jurisdiction", "title_es": "Explosión de bombetas en Aserrí no jurisdicción de amparo", "summary_en": "The Constitutional Chamber flatly rejects an amparo petition filed against the Municipality of Aserrí for authorizing firecracker and gunpowder explosions during festivities. The petitioner claimed this caused continuous noise and environmental pollution, affecting the health and tranquility of residents and their pets. The Chamber notes that the petitioner failed to file any prior administrative complaint with the municipality to present the facts and request measures, despite being warned to do so. It considers that amparo is not a mechanism to replace the active administration in its duties or to process environmental complaints. The petitioner must first seek relief through ordinary legal channels, and only in the event of unjustified delay could he return to the constitutional jurisdiction. The ruling declares the petition inadmissible, reaffirming the subsidiary nature of amparo and the need to exhaust or at least initiate proceedings before the competent authority before invoking constitutional protection.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1365903.json", "html_url": "/legal/doc/nexus-sen-1-0007-1365903", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1365903" }, { "id": "nexus-sen-1-0007-1366016", "citation": "Res. 04305-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disclosure of Complainant's Name Does Not Violate Privacy if Confidentiality Was Not Requested", "title_es": "Divulgación de nombre de denunciante no lesiona intimidad si no se solicitó confidencialidad", "summary_en": "The Constitutional Chamber declined to grant an amparo filed by a resident of Siquirres who complained about noise pollution from a school band practice. The complainant argued that the Municipality violated his right to privacy by disclosing his name to the school. The Court found that the Municipality simply forwarded his complaint to the competent authorities —the school principal and the school supervisor— for the legitimate purpose of addressing the noise issue. The Municipality's action fell within the principle of inter-institutional coordination under Article 14 of the General Law of Public Administration and did not constitute dissemination of sensitive information, as only the complainant's name was disclosed. Moreover, it was proven that at no time did the complainant request that his complaint be kept confidential or anonymous. Consequently, the Court held that no fundamental rights were violated and dismissed the amparo. The decision stresses that forwarding a complaint to the entity with jurisdiction to resolve it —in this case, educational authorities and ultimately the Ministry of Health for technical noise verification— does not violate the Data Protection Law when done within the framework of administrative collaboration and without exposing sensitive data.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1366016.json", "html_url": "/legal/doc/nexus-sen-1-0007-1366016", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1366016" }, { "id": "nexus-sen-1-0007-1366018", "citation": "Res. 04335-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sewage overflow in Finca San Juan, Pavas, violates right to a healthy environment", "title_es": "Rebalse de aguas negras en Finca San Juan de Pavas vulnera derecho a ambiente sano", "summary_en": "The Constitutional Chamber grants an amparo against the Ministry of Health, the Municipality of San José, and the Costa Rican Institute of Aqueducts and Sewers (AyA) for the continuous sewage overflow in Finca San Juan, Pavas. Despite complaints since 2024, inspections, a sanitary order against the municipality, and fines, the problem persisted. AyA argued the unfinished network is not its property (built by IMAS and transferred to INVU), and the Municipality claimed lack of jurisdiction. The Court found all three institutions committed serious omissions by failing to coordinate or implement effective measures, and that merely issuing orders does not relieve the Ministry of Health from ensuring the protection of health and the environment. It orders the municipality to complete works within 12 months, the Ministry of Health to oversee compliance, and AyA to coordinate and provide technical advice.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "art-50-constitution", "water-law" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1366018.json", "html_url": "/legal/doc/nexus-sen-1-0007-1366018", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1366018" }, { "id": "nexus-sen-1-0007-1366019", "citation": "Res. 04343-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo against roadworks in Quepos denied for lack of proven damage", "title_es": "Amparo ambiental contra obras viales en Quepos denegado por falta de daño probado", "summary_en": "The Constitutional Chamber denied an amparo filed by a resident of Manuel Antonio, Quepos, against the Municipality of Quepos, MINAE, SINAC, and ACOPAC for alleged environmental damage from road paving, ditching, and sidewalk construction on a public road. The claimant argued that machinery was undercutting tree roots, endangering a biological corridor and wildlife habitats. The Chamber held that the claimant failed to exhaust administrative remedies, filing the environmental complaint (SITADA) only after the amparo. Moreover, based on technical inspections by ACOPAC and reports from the respondent authorities, no environmental damage was found: no roots were undercut or trees removed, and slopes reflected natural topography already altered by tourism development. The Municipality acted within the legally constituted right-of-way and took road safety measures. Closure of the administrative complaint was recommended.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "biological-corridors", "art-50-constitution" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1366019.json", "html_url": "/legal/doc/nexus-sen-1-0007-1366019", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1366019" }, { "id": "nexus-sen-1-0007-1366021", "citation": "Res. 04391-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to conduct feasibility studies for drinking water in Valle Verde violates rights", "title_es": "Falta de estudios de factibilidad para agua potable en Valle Verde vulnera derechos", "summary_en": "The Constitutional Chamber reviews an amparo filed by a resident of Valle Verde, Guápiles, who since 2012 has unsuccessfully requested potable water availability for his property in the northern sector, denied without complete technical justification by the Costa Rican Institute of Aqueducts and Sewers (AyA) and the Buenos Aires Sur ASADA. The Chamber finds that, although the administration cited technical and geographical limitations (vulnerability of the Numancia Well and location in an absolute protection zone), since 2017 the required hydrological, hydraulic, and environmental feasibility studies mandated by the Service Provision and ASADA Regulations have not been conducted. The negative response given in 2024, without a solution proposal or timetable, constitutes an omission violating the fundamental rights to water, health, and proper functioning of public services. The discrimination claim is rejected because the appellant's northern sector failed to meet the technical requirements assessed for the southern sector. The violation of Article 41 of the Constitution due to the ASADA's lack of formal response to the March 2025 request is also upheld. The AyA and ASADA are ordered to coordinate within one month and complete the technical studies within twelve months, subsequently issuing a reasoned technical resolution.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1366021.json", "html_url": "/legal/doc/nexus-sen-1-0007-1366021", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1366021" }, { "id": "nexus-sen-1-0007-1366410", "citation": "Res. 15960-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Omission of user representation on the Board of the National Concessions Council", "title_es": "Omisión de representación de usuarios en la Junta del Consejo Nacional de Concesiones", "summary_en": "The Constitutional Chamber heard a constitutional challenge brought by a citizen in defense of diffuse interests, who alleged that Article 6 of the General Law on Concession of Public Works with Public Services (Law No. 7762) incurs an unconstitutional omission by not including a representative of the users of the conceded works or services on the Board of Directors of the National Concessions Council (CNC). The claimant argued that this exclusion violates Articles 46 (rights of consumers and users) and 9 (democratic principle of representativity) of the Political Constitution, as well as the principles of reasonableness and proportionality. The Chamber dismissed the challenge on the merits. It considered that the claimant's arguments were insufficient under Article 78 of the Law of Constitutional Jurisdiction, since he failed to take into account that Law No. 7762 itself provides other protection mechanisms for users, such as the possibility of filing complaints before the granting Administration and the Regulatory Authority of Public Services (ARESEP), and access to information. Furthermore, it noted that not every legislative omission regarding citizen participation is unconstitutional, and that to hold otherwise would imply a universal obligation to grant consumer and user representation in every state or non-state body. The Chamber concluded that the action failed to demonstrate a real and direct constitutional injury. Justices Cruz Castro and Rueda Leal wrote separate notes; the former emphasized the importance of citizen participation but agreed that not every omission is unconstitutional, and the latter reaffirmed his stance on diffuse interests and citizen participation as a fundamental right.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1366410.json", "html_url": "/legal/doc/nexus-sen-1-0007-1366410", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1366410" }, { "id": "nexus-sen-1-0007-1366442", "citation": "Res. 04865-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Quepos delimitation: unconstitutionality action dismissed outright", "title_es": "Delimitación en Quepos: acción de inconstitucionalidad rechazada de plano", "summary_en": "The Constitutional Chamber summarily dismissed an unconstitutionality action filed by a resident of the Quepos-Centro district against “Aviso 009 of October 3, 2023,” by which the National Geographic Institute, SINAC, ACOPAC, and the Municipality of Quepos formalized a delimitation of mangrove forest, wetland, maritime-terrestrial zone, and restricted zone. The plaintiff alleged that the delimitation violated residents’ vested rights, blocked construction permits, and exposed them to administrative and judicial actions, citing Article 34 of the Constitution. However, the Court found that the petition failed to meet several formal requirements: it was not authenticated by an attorney, lacked the Costa Rican Bar Association stamp, did not establish standing under Article 75 of the Constitutional Jurisdiction Law, and, critically, provided insufficient legal arguments by failing to clearly identify the challenged norm or to develop the constitutional provisions allegedly breached. The majority deemed the omissions rendered the action inadmissible and manifestly unfounded, so they dismissed it outright without granting an opportunity to cure. Judges Rueda Leal and Garro Vargas dissented, arguing that, under the pro homine principle and Article 80 of the same law, the petitioner should have been allowed to correct the defects before a definitive dismissal.", "primary_topic_id": null, "topic_ids": [], "date": "11/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1366442.json", "html_url": "/legal/doc/nexus-sen-1-0007-1366442", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1366442" }, { "id": "nexus-sen-1-0007-1366454", "citation": "Res. 05359-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against cessation of water use without concession", "title_es": "Amparo por cese de aprovechamiento de agua sin concesión", "summary_en": "The Constitutional Chamber denied an amparo action filed by a resident of San Gerardo de Dota against the Water Directorate of MINAE, which ordered the immediate cessation of a surface water use and the removal of the intake structure, under warning of demolition and criminal consequences. The claimant argued that the measure affected his right to water, as the community lacks a public aqueduct and the intake supplied several family homes and tourism activities. The Chamber found that the water use was carried out without any concession and that the Water Directorate notified the interested party, granting a ten-day period to regularize the situation or remove the works, without the claimant taking any action. The Chamber distinguished this case from a suspension of water service by a public provider, since here there was no legally protected service. It concluded that MINAE's action complied with the law, without violating fundamental rights, and declared the appeal without merit. The decision underscores the obligation to obtain a concession for the use of public waters, even in communities without an aqueduct.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "13/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1366454.json", "html_url": "/legal/doc/nexus-sen-1-0007-1366454", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1366454" }, { "id": "nexus-sen-1-0007-1366461", "citation": "Res. 05259-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against CONAVI for landslide on Route 415", "title_es": "Amparo contra CONAVI por deslizamiento en Ruta 415", "summary_en": "The Constitutional Chamber heard an amparo filed by a resident against the National Road Council (CONAVI) for failing to implement a definitive solution to the landslide that occurred in April 2021 at kilometer 29+200 of National Route 415, Pascua de Siquirres sector, and for the deterioration of the bridge in San Antonio. The Chamber partially granted the amparo, ruling in favor only regarding the landslide, after finding that, despite the studies and designs completed by CONAVI, nearly five years had passed without a permanent repair to restore safe transit. CONAVI was ordered to carry out the definitive solution within a maximum of twelve months. The claims regarding the San Antonio bridge were denied, as technical reports ruled out any current or imminent structural risk and demonstrated ongoing maintenance efforts. The ruling included a dissenting vote by Justice Garro Vargas, who argued the case should have been heard in the administrative litigation court.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "13/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1366461.json", "html_url": "/legal/doc/nexus-sen-1-0007-1366461", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1366461" }, { "id": "nexus-sen-1-0007-1366465", "citation": "Res. 05212-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on declaring Cahuita National Park as Afro-descendant ancestral territory", "title_es": "Amparo sobre declaratoria del Parque Nacional Cahuita como territorio ancestral afrodescendiente", "summary_en": "The Constitutional Chamber dismissed an amparo appeal filed by an Afro-Costa Rican citizen who sought a judicial declaration recognizing Cahuita National Park as ancestral territory of the Afro-descendant population, along with orders for delimitation, collective titling, and intercultural governance. The appellant had previously urged the President and the Minister of Environment to issue an executive decree to that effect, after prior consultation with the community, modifying existing legislation and establishing shared governance. The Chamber held that the petitioner’s request was merely an exhortation and exhausted itself upon filing, creating no reciprocal obligation for the authorities to respond. It further noted that Cahuita National Park was established by law (Law 6794), so its modification lies beyond the Ministry’s powers and exceeds the summary nature of amparo. In a separate opinion, Justice Garro Vargas added that recognizing a tribal community is a matter for the legislature, subject to the principle of legal reserve and reasonableness.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "13/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1366465.json", "html_url": "/legal/doc/nexus-sen-1-0007-1366465", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1366465" }, { "id": "nexus-sen-1-0007-1366466", "citation": "Res. 05217-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal duty to provide comprehensive flood solutions", "title_es": "Deber municipal de solución integral frente a inundaciones recurrentes", "summary_en": "The Constitutional Chamber heard an amparo action against the Municipality of San Rafael de Heredia regarding recurring floods at the petitioner's home, caused by an overflowing stream. The Chamber found that despite inspections and notifications, the measures taken were insufficient and reactive, lacking a structural solution to eliminate the risk. Based on Article 169 of the Constitution and Article 50 on the right to a healthy environment, the Chamber reaffirmed municipal jurisdiction over local interests and services and the duty of inter-institutional coordination to address flooding. It concluded that the ongoing risk violated the petitioner's fundamental rights, granted the amparo, and ordered the mayor to, within three months, conduct the necessary verifications and coordination for a definitive solution.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "13/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1366466.json", "html_url": "/legal/doc/nexus-sen-1-0007-1366466", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1366466" }, { "id": "nexus-sen-1-0007-1366994", "citation": "Res. 05186-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Maintenance and rehabilitation of storm drainage on National Route 03 due to environmental and health impacts", "title_es": "Mantenimiento y rehabilitación del drenaje pluvial en Ruta Nacional 03 ante afectaciones ambientales y sanitarias", "summary_en": "The Constitutional Chamber reviews an amparo action filed by residents of San Joaquín de Flores regarding the obstruction of the storm drain system on National Route 03, causing water ponding, waste accumulation, foul odors, and sewage overflows. Although the Ministry of Health issued a sanitary order in 2023 and CONAVI submitted a corrective action plan, the situation persisted into 2025. The Chamber grants the amparo, ordering CONAVI and the Health Directorate of Belén Flores, in coordination with AyA and the Municipality of Flores, to take the necessary measures to ensure free drainage and eliminate unsanitary conditions within six months. The ruling reinforces the State's duty to act effectively against administrative omissions affecting the fundamental rights to a healthy environment, health, and life.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "13/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1366994.json", "html_url": "/legal/doc/nexus-sen-1-0007-1366994", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1366994" }, { "id": "nexus-sen-1-0007-1367053", "citation": "Res. 06052-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of Unconstitutionality Action Against Moratorium on Special Transport Permits", "title_es": "Improcedencia de acción de inconstitucionalidad contra moratoria de permisos de transporte especial", "summary_en": "The Constitutional Chamber summarily dismissed the unconstitutionality action filed against Executive Decree No. 45200-MOPT-TUR, which established a moratorium on granting new permits for special tourism and student transport services. The plaintiff, the owner of an educational center, argued that the restriction violated her rights to work, freedom of enterprise, equality, and legality because it prevented her from obtaining license plates for a vehicle purchased to transport students receiving IMAS subsidies. The Chamber found the action inadmissible for two reasons: first, the plaintiff lacked direct standing because she claimed the defense of diffuse interests, yet the regulation was capable of individual application and gave rise to concrete harms that should be challenged through a prior pending case, as required by Article 75 of the Constitutional Jurisdiction Law. Second, the petition lacked adequate legal argument, as it challenged the decree generically without identifying the specific provisions considered unconstitutional or developing clear legal reasoning. Justices Cruz Castro and Rueda Leal provided separate reasoning on the inapplicability of diffuse interests in this context, and Justice Garro Vargas noted that diffuse interests should not be used as a guise to raise individual claims.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1367053.json", "html_url": "/legal/doc/nexus-sen-1-0007-1367053", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1367053" }, { "id": "nexus-sen-1-0007-1367056", "citation": "Res. 05768-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo concerning restoration works at the National Theatre", "title_es": "Amparo por obras de restauración en el Teatro Nacional", "summary_en": "The Constitutional Chamber heard an amparo action against the Ministry of Culture and Youth, the Cultural Heritage Directorate, and the National Theatre regarding restoration works carried out in 2025. The claimant alleged damage to the original wooden doors (transport without protocols, incompatible modern glossy finishes), damage to the perimeter wall stones (widening of joints with a grinder and use of cement instead of lime), and a change in the color of the external railings. The Chamber found that works began without the intervention protocols being validated by the Cultural Heritage Directorate, causing irreversible damage to the building, which is a declared national monument. It granted the amparo partially: it ordered the suspension of works on the doors and walls, the issuance of technical guidelines within one month, and the completion of an administrative investigation within two months. Regarding the color of the railings, the claim was dismissed because the change had been technically approved. The ruling emphasizes constitutional protection of cultural heritage under Articles 50 and 89 of the Constitution.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1367056.json", "html_url": "/legal/doc/nexus-sen-1-0007-1367056", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1367056" }, { "id": "nexus-sen-1-0007-1367067", "citation": "Res. 06389-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative Omission by Public Transport Council on Community Bus Service Complaint", "title_es": "Omisión administrativa del Consejo de Transporte Público ante denuncia vecinal sobre servicio de buses", "summary_en": "The Constitutional Chamber hears an amparo action filed by residents of Poás de Aserrí against the Public Transport Council (CTP) for failing to respond to a complaint about serious deficiencies in the service provided by concessionaire LARED. The petitioners filed their complaint on November 15, 2025, reiterated on December 9, and had received no answer by the time they filed the amparo. The CTP responded only on February 2, 2026, after the two-month statutory period under Article 261 of the General Law on Public Administration had elapsed and after the amparo was filed. The Chamber grants the amparo, finding that the CTP's inaction violated the fundamental right to timely administrative justice. It rejects the argument that the Central Administration's holiday period excused the delay, emphasizing that statutory deadlines are non-extendable and are not automatically suspended. It orders the CTP Executive Director to definitively resolve the complaint within a maximum of two months. The Chamber recalls its case law preferring the contentious-administrative jurisdiction for delay claims but recognizes the exception because the complaint involved public transport user safety risks.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1367067.json", "html_url": "/legal/doc/nexus-sen-1-0007-1367067", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1367067" }, { "id": "nexus-sen-1-0007-1367070", "citation": "Res. 06425-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal duty to recover invaded public park: prolonged omission violates right to healthy environment", "title_es": "Deber municipal de recuperar parque público invadido: omisión prolongada viola derecho a ambiente sano", "summary_en": "The Constitutional Chamber granted an amparo action against the Municipality of Vázquez de Coronado for failing to comprehensively and definitively resolve the illegal invasion of a public park in Urbanización Sinaí, a problem known since 2017. Despite some administrative actions, the Chamber held that the municipality's prolonged omission to address the situation within a reasonable time violated the right to a healthy environment (Article 50 of the Costa Rican Constitution). The mayor was ordered, within six months, to issue orders and take all actions within her authority to definitively solve the invasions on municipal land designated as a park, which had been occupied by illegal constructions and used for criminal activities. The municipality was ordered to pay costs, damages, and losses. Justice Garro Vargas dissented on enforcement, arguing it should be handled by the Administrative Court.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1367070.json", "html_url": "/legal/doc/nexus-sen-1-0007-1367070", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1367070" }, { "id": "nexus-sen-1-0007-1367071", "citation": "Res. 06384-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied for job transfer without abusive ius variandi", "title_es": "Sin lugar amparo por traslado laboral sin ius variandi abusivo", "summary_en": "The Constitutional Chamber denied the amparo filed by a municipal employee who was transferred from her position as Municipal Technician 2 in the Service Administration Process to the Integrated Tax Service Center (CIAT). She claimed abusive ius variandi, alleging substantial changes in duties, schedule, and responsibilities, and insufficient motivation of the administrative act. The Chamber found no abuse: the transfer resolution was duly grounded on public-interest reasons —increased taxpayers and need for experienced staff—; her schedule, salary, and workplace remained unchanged; and the new tasks generally corresponded to the same job classification under the municipality’s Manual of Classes, for which she already had prior experience. The Court reiterated that disputes over the mere legality of a transfer must be resolved in ordinary proceedings, and amparo is only available for openly arbitrary exercises of ius variandi, which were not demonstrated.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1367071.json", "html_url": "/legal/doc/nexus-sen-1-0007-1367071", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1367071" }, { "id": "nexus-sen-1-0007-1367576", "citation": "Res. 39350-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality action against Legislative Assembly Rules on impeachment procedure", "title_es": "Inadmisión de acción de inconstitucionalidad contra el Reglamento de la Asamblea Legislativa sobre trámite de acusaciones", "summary_en": "The Constitutional Chamber flatly rejects an unconstitutionality action against articles 215 to 218 of the Legislative Assembly Rules. The plaintiff, a lawyer claiming to act in defense of diffuse interests, challenges the legislative procedure for lifting the immunity of members of the Supreme Powers, arguing that the Special Investigative Committee encroached on judicial powers and that the procedure confuses immunity with jurisdiction. The Chamber finds that the plaintiff lacks standing, as the challenged rules are subject to individual and direct application, thus discarding the defense of diffuse interests. Moreover, he does not demonstrate that he represents corporate interests, so admitting the action would amount to an unauthorized popular action. The ruling analyzes the standing requirements under Article 75 of the Constitutional Jurisdiction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1367576.json", "html_url": "/legal/doc/nexus-sen-1-0007-1367576", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1367576" }, { "id": "nexus-sen-1-0007-1367582", "citation": "Res. 07581-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Abstract amparo against law restricting access to protected areas is inadmissible", "title_es": "Amparo abstracto contra ley de acceso a áreas protegidas es inadmisible", "summary_en": "The Constitutional Court declared inadmissible an amparo action filed against the Legislative Assembly for enacting a regulation that allegedly restricts access to protected areas and imposes excessive fines. The petitioner claimed violations of fundamental rights such as free transit, recreation, work, and Costa Rica's image as a sustainable tourism destination, and asked the Court to review the law and recommend a public investment plan. The Court rejected the appeal based on Article 30(a) of the Constitutional Jurisdiction Law, which bars amparo actions against laws in the abstract unless joined with an individual act of application. The petitioner did not present a concrete situation nor identify the challenged law. The Court noted that while Article 75 allows an unconstitutionality action to be raised from an amparo, the amparo itself must be admissible. Furthermore, the Court emphasized its role as a negative legislator, empowered to strike down unconstitutional norms but not to create new ones or issue policy recommendations to the Legislative or Executive branches.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1367582.json", "html_url": "/legal/doc/nexus-sen-1-0007-1367582", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1367582" }, { "id": "nexus-sen-1-0007-1367590", "citation": "Res. 07237-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "INDER ordered to title parcel for elderly farmer in Guatuso within 4 months", "title_es": "INDER debe titular en 4 meses parcela a adulto mayor en Guatuso", "summary_en": "The Constitutional Chamber granted an amparo action filed on behalf of an elderly farmer from the Costa Ana settlement in San Rafael de Guatuso. It was proven that, since the 1980s, the former Agrarian Development Institute (IDA, now INDER) allocated parcel No. 25 to him, but the title process was never completed. Despite various technical efforts and institutional coordination starting in 2020—new topographic surveys, municipal approvals, and certifications—the proceeding dragged on with no effective result, leaving the petitioner in prolonged uncertainty and without access to housing programs or other benefits. The Chamber held that the delay was disproportionate, especially considering the petitioner’s advanced age, poor health, and precarious living conditions. It ordered INDER’s General Manager to complete the titling process of the parcel within a maximum of four months, or to issue a substantiated final decision if a legal impediment exists. INDER was also ordered to pay costs, damages, and losses.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1367590.json", "html_url": "/legal/doc/nexus-sen-1-0007-1367590", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1367590" }, { "id": "nexus-sen-1-0007-1367595", "citation": "Res. 07176-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative delay in sanitary complaint concerning horses in residential area", "title_es": "Dilación administrativa ante denuncia sanitaria por caballos en zona residencial", "summary_en": "The Constitutional Chamber grants an amparo petition against the Health Area Directorate of Pérez Zeledón for violating the right to prompt and complete administrative justice (Article 41 of the Constitution). The petitioners alleged that since October 2025 they had filed a sanitary complaint regarding horses kept in a neighboring property, causing flies, foul odors, noise, and improper waste disposal. Despite the complaint's urgency and the presence of vulnerable populations, the health authority did not carry out effective inspections until February 2026, only after the amparo was admitted. The Court finds that the substantial inactivity over several months constitutes an unjustified administrative delay. It orders the director to definitively resolve the complaints within six months and holds the State liable for costs, damages, and losses. Magistrates Castillo Víquez and Salazar Alvarado append separate notes on the jurisdictional basis for hearing such claims.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1367595.json", "html_url": "/legal/doc/nexus-sen-1-0007-1367595", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1367595" }, { "id": "nexus-sen-1-0007-1367596", "citation": "Res. 07072-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flooding from obstructed sewer in heritage property", "title_es": "Inundaciones por alcantarillado obstruido en inmueble patrimonial", "summary_en": "The Constitutional Chamber reviews an amparo against the Municipality of Liberia for failure to maintain an uncovered, garbage‑clogged sewer grating at the corner of a property declared national historical heritage. The petitioner complained of flooding, pollution, and accident risk. Although the Municipality performed superficial cleanings and once replaced the grate, the problem persisted. The Chamber found that the Administration had not definitively resolved the deep obstruction of the storm drain or the condition of the curb, despite knowing the necessary corrective measures. It granted the amparo and ordered the municipal authorities to carry out all actions and works within two months to comprehensively solve the flooding and the sewer and curb situation. The enforcement of the judgment was referred to the contentious‑administrative jurisdiction per the partial dissenting vote of Justice Garro Vargas, while Justice Salazar Alvarado grounded admissibility on the impact on rights such as health and a healthy environment.", "primary_topic_id": null, "topic_ids": [], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1367596.json", "html_url": "/legal/doc/nexus-sen-1-0007-1367596", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1367596" }, { "id": "nexus-sen-1-0007-1367602", "citation": "Res. 06952-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality action against CAFTA-DR referendum for lack of standing", "title_es": "Rechazo de acción de inconstitucionalidad contra referéndum CAFTA-DR por falta de legitimación", "summary_en": "The Constitutional Chamber of the Supreme Court of Costa Rica summarily rejected an unconstitutionality action filed against Decree No. 13-2007 of the Supreme Electoral Tribunal (TSE), the referendum of October 7, 2007, and the resolution declaring its results, along with several related acts including Law No. 8622 approving the CAFTA-DR free trade agreement. The claimant argued that the referendum was unconstitutional because it addressed matters excluded by Article 105 of the Constitution (budgetary, tax, fiscal matters, among others) and that public funds were improperly used in its organization, violating the diffuse interest of sound management of public funds. The Chamber found that the claimant lacked standing, as his reasoning was circular: he sought a declaration of unconstitutionality of the public expenditure precisely because the referendum was allegedly unconstitutional, but he did not challenge any norm authorizing that expenditure nor demonstrated a direct impact on the asserted diffuse interest. The action was also similar to previous ones rejected by the same claimant, showing a pattern of attempts without proper substantiation of standing. The Chamber reiterated that merely invoking diffuse interests is insufficient; it is necessary to demonstrate the specific harm and its connection to the challenged norms, without resorting to generalities or a popular action, which is not permitted under Costa Rican constitutional review.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1367602.json", "html_url": "/legal/doc/nexus-sen-1-0007-1367602", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1367602" }, { "id": "nexus-sen-1-0007-1367604", "citation": "Res. 06966-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of unconstitutionality action for loss of object after regulatory reform", "title_es": "Rechazo de acción de inconstitucionalidad por pérdida de objeto tras reforma reglamentaria", "summary_en": "The Constitutional Chamber summarily dismissed an unconstitutionality action filed by farmers from Zarcero against Articles 56 and 57 of the Regulations to the Law on Soil Use, Management, and Conservation (Executive Decree 29375). The plaintiffs argued that these articles, by requiring an INTA pre-feasibility study for agricultural land use change, violated the right to property and the principle of legal reserve. However, while the matter was pending, a regulatory reform published in February 2026 eliminated this requirement for cantons without a regulatory plan, such as Zarcero. The Municipality of Zarcero informed the interested parties that the INTA study was no longer necessary, thus resolving the administrative claim that formed the basis of the action. The Chamber held that the action lacked a current object and that what the plaintiffs sought had already been granted administratively, rendering it inadmissible.", "primary_topic_id": null, "topic_ids": [ "soil-conservation-7779" ], "date": "25/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1367604.json", "html_url": "/legal/doc/nexus-sen-1-0007-1367604", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1367604" }, { "id": "nexus-sen-1-0007-1368836", "citation": "Res. 02235-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of compliance deadline for amparo on drinking water in Berlin", "title_es": "Prorroga de plazo para cumplimiento de amparo sobre agua potable en Berlín", "summary_en": "This post-decision action within an amparo proceeding addresses the request by the Costa Rican Water and Sewer Institute (AyA) and INDER to extend the deadline for executing water works ordered in a 2018 judgment. The Constitutional Chamber assesses the progress of the integrated project serving the communities of Berlin, El Consuelo, Quebrada Grande, Santa Clara, and Las Lilas, noting technical and financial advances: well equipment, pipe purchase, completed designs, a 600 million colón budget certification, and a provisional system currently supplying the complainant. The Chamber finds that despite delays, the respondents have shown substantial progress and the project aims at collective welfare. Consequently, it extends the deadline to December 30, 2026, orders quarterly reports, and reiterates the warning of criminal liability for non-compliance, recalling that access to drinking water is a fundamental human right protected by international instruments.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "20/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1368836.json", "html_url": "/legal/doc/nexus-sen-1-0007-1368836", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1368836" }, { "id": "nexus-sen-1-0007-1368866", "citation": "Res. 02430-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo over sanitary order and municipal inaction on water management", "title_es": "Amparo prematuro por orden sanitaria y omisión municipal en manejo de aguas", "summary_en": "The Constitutional Chamber flatly rejected an amparo petition filed against the Municipality of Oreamuno and the Ministry of Health. The petitioner, owner of a property in San Rafael de Oreamuno, argued that since 2008 he has built with municipal permits, and that the management of stormwater and sewage was always known and tolerated by the municipality. In 2024 he carried out a new expansion, again with approved plans. However, the Ministry of Health issued a sanitary order that transferred responsibility for the waters to him, and the municipality refused to intervene. The petitioner considered his rights to property, legal certainty, and a healthy environment violated. The Chamber determined that the Ministry of Health's sanitary order is the initial act of an administrative procedure, so the discussion on its appropriateness must be raised in that forum, and that regarding the environmental petition filed with the municipality on November 21, 2025, the two-month period for resolution had not elapsed, so the amparo was premature and declared inadmissible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1368866.json", "html_url": "/legal/doc/nexus-sen-1-0007-1368866", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1368866" }, { "id": "nexus-sen-1-0007-1368947", "citation": "Res. 02548-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Clarification on Natural Heritage certification rejected as technical matter", "title_es": "Aclaración sobre certificación de Patrimonio Natural del Estado no procede por ser cuestión técnica", "summary_en": "The Constitutional Chamber rejects a request for clarification filed by the National Housing and Urbanism Institute (INVU), which sought a ruling on whether the updated certification of the State Natural Heritage (PNE) prepared by SINAC-ACLAC complied with a previous judgment that ordered the supplementation of the certification with wetland delimitation in the coastal zone of Talamanca. The Chamber finds that the request entails a technical assessment of cartographic inputs, methodologies, and biophysical delimitations, which falls outside the scope of constitutional review and fundamental rights protection. It reiterates that such determinations are the responsibility of the competent technical administration (MINAE/SINAC), and that a clarification motion is not the proper mechanism to obtain a technical opinion. Consequently, it denies the motion, indicating that technical inquiries should be addressed directly to SINAC.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1368947.json", "html_url": "/legal/doc/nexus-sen-1-0007-1368947", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1368947" }, { "id": "nexus-sen-1-0007-1368960", "citation": "Res. 02561-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of time to comply with ruling on El Cacao wastewater treatment plant", "title_es": "Ampliación de plazo para cumplimiento de sentencia sobre PTAR El Cacao", "summary_en": "The Constitutional Chamber rules on a request for an extension of time filed by several ordered authorities (AyA, Ministry of Health, Municipality of Santa Cruz) to comply with ruling No. 2025030948, which required a definitive solution within two months to the health and environmental problems of the El Cacao WWTP. After reviewing progress reports, the Chamber finds that the institutions have taken coordinated actions (technical inspections, wastewater extraction, hiring of a specialized company) but face technical, budgetary, and operational complexity difficulties preventing compliance within the original term. The Chamber considers there has been no arbitrary omission and therefore extends the deadline by an additional non-extendable six months, rejecting the one-year request because the health and lives of hundreds of people are at stake, urging them to act as swiftly as possible.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "23/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1368960.json", "html_url": "/legal/doc/nexus-sen-1-0007-1368960", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1368960" }, { "id": "nexus-sen-1-0007-1369024", "citation": "Res. 02632-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied over drainage works on National Route 239", "title_es": "Desestimación de amparo por obras de cuneteo en ruta nacional 239", "summary_en": "The Constitutional Chamber denied an amparo filed by a landowner in Mora Canton who alleged that drainage works (cuneteo) carried out by CONAVI on National Route 239 in 2012 redirected stormwater into the Bajo Clara stream, increasing its flow and causing flooding, erosion, and risk of housing collapse. He also complained of unauthorized entry by municipal police onto his property in October 2025. Based on technical reports from CONAVI, the Municipality of Mora, and the National Emergency Commission (CNE), the Court found no causal link between the road works and the claimed damages: the drains discharge into natural drainage points determined by topography; soil saturation and erosion occurred on private property unrelated to the national road intervention; and retaining walls built by neighbors without permits or respect for legal setbacks worsened conditions. CNE ruled out direct erosion exposure of the petitioner's dwelling. Regarding the police entry, the Court noted the petitioner could resort to appropriate legal channels. Justice Salazar Alvarado added a reasoned note on his exception for administrative inaction that endangers fundamental rights.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "23/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369024.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369024", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369024" }, { "id": "nexus-sen-1-0007-1369061", "citation": "Res. 02673-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of the Festival of Light in La Sabana for environmental risk", "title_es": "Suspensión del Festival de la Luz en La Sabana por riesgo ambiental", "summary_en": "A resident of Pavas filed an amparo action against ICODER, MINAE, the Ministry of Health, and the Municipality of San José, arguing that holding the 2025 Festival of Light in La Sabana Metropolitan Park in a closed circuit would cause irreparable environmental damage to flora and fauna and to the park as the city's green lung, as well as endanger the lives of Pavas and Mata Redonda residents due to road closures and lack of evacuation plans. He alleged that there were no environmental impact studies or Municipal Council authorizations, and that the event included food sales, visual and noise pollution, and tree cutting. The Constitutional Court rejected the appeal outright as inadmissible, holding that the event had already taken place and that the petitioner had not filed a prior complaint with the competent authorities, following the criterion that the mere holding of such events is not per se a violation of constitutional rights if the necessary permits are obtained.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369061.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369061", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369061" }, { "id": "nexus-sen-1-0007-1369062", "citation": "Res. 02674-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Freedom of movement and access restriction to protected area during judicial eviction", "title_es": "Libertad de tránsito y restricción de acceso a área protegida en desalojo judicial", "summary_en": "The Constitutional Chamber hears a habeas corpus petition filed on behalf of an older adult with hearing impairment, who claims that the Public Force prevented him from accessing a property he asserts he has possessed for over fifty years in Las Chorreras, San Carlos. The petitioner argues that the police action constituted an arbitrary detention and an illegitimate restriction on his freedom of movement, violating Article 22 of the Political Constitution. The Chamber verifies that the property lies within the Corredor Fronterizo National Wildlife Refuge, a protected wild area that is part of the State's natural heritage, and that access was restricted in connection with a judicial eviction ordered as a precautionary measure in a criminal case for invasion of a protected area. The restriction was based on security grounds while demolition and waste removal work was underway, and the protected person did not prove any legal basis warranting his entry. The Chamber dismisses the petition, holding that the measure was temporary, reasonable, and grounded in final judicial decisions, with no constitutional violation.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "23/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369062.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369062", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369062" }, { "id": "nexus-sen-1-0007-1369176", "citation": "Res. 02799-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of drinking water due to lack of coverage and technical studies", "title_es": "Denegatoria de agua potable por falta de cobertura y estudios técnicos", "summary_en": "The Constitutional Chamber dismisses an amparo action filed by a property owner in Guápiles, Pococí, against the Costa Rican Institute of Aqueducts and Sewers (AyA) and the Buenos Aires Sur rural aqueduct association (ASADA). The claimant alleged violation of the right to drinking water, equality, and due reasoning due to denial of service. The Chamber finds no fundamental rights violation, since the ASADA has a defined coverage area that does not include the northern sector (near Green Valley School) where the petitioner’s property lies. AyA demonstrated that no specific technical study for urban developments or segregations had been submitted for that sector, that there is no ASADA infrastructure there, and that the Valle Verde area is outside AyA’s managed aqueduct coverage. The ruling reiterates that the right to water is not unrestricted and that service providers may deny availability if justified by technical reasons, as in this case. The dissenting vote of two judges orders further proceedings to request a report from the Public Services Regulatory Authority (ARESEP), considering it necessary to assess the regulator’s role in supply problems.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "23/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369176.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369176", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369176" }, { "id": "nexus-sen-1-0007-1369410", "citation": "Res. 03048-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of deadline to implement differentiated poverty methodology for indigenous peoples", "title_es": "Ampliación de plazo para implementar metodología de pobreza diferenciada para pueblos indígenas", "summary_en": "The Constitutional Chamber reviews a subsequent motion filed by the Executive Director of SINIRUBE, requesting an 18-month extension to comply with the order in judgment No. 2023003645. That judgment ordered SINIRUBE to implement, within three months, a specialized methodology to determine poverty levels adapted to the economic, geographic, social, and cultural conditions of indigenous populations, following the General Mechanism for Consultation with Indigenous Peoples. The respondent details the progress made: development of a differentiated targeting mechanism based solely on indigenous households' income, improvements to the RIS system, the GeoSinirube tool, and numerous dialogue and coordination sessions with indigenous territories and other entities. However, it acknowledges that the process is not complete due to external factors such as the lack of project admissibility by the UTCI, the need to gather criteria from all territories, and technical limitations. After analyzing the progress report, the Chamber finds that significant efforts have been made but that an 18-month extension is excessive, granting instead a further 12-month extension.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "27/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369410.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369410", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369410" }, { "id": "nexus-sen-1-0007-1369411", "citation": "Res. 03049-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noncompliance motion denied after final decision issued in environmental case", "title_es": "Denegada gestión de desobediencia por emisión de acto final en expediente ambiental", "summary_en": "The Constitutional Chamber addresses a noncompliance motion alleging disobedience of a prior judgment that ordered the Environmental Administrative Tribunal (TAA) to definitively resolve an environmental complaint. The TAA reports that, after multiple extensions and evidentiary requests, it issued final decision 1403-2025-TAA on November 25, 2025, which is currently being notified. The Chamber finds that the original order—to resolve the complaint—has been fulfilled through this final decision, so no noncompliance requiring its intervention currently exists. Consequently, the motion is denied. This is a case of enforcing an amparo judgment where administrative delay is overcome by issuing the final act, without triggering the criminal consequences warned of (Article 71 of the Constitutional Jurisdiction Law).", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369411.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369411", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369411" }, { "id": "nexus-sen-1-0007-1369413", "citation": "Res. 03051-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of Order for Disobedience of Ruling on Municipal Buildings in Protected Area", "title_es": "Reiteración de orden por desobediencia sobre edificios municipales en área protegida", "summary_en": "The Constitutional Chamber addressed a non-compliance motion (gestión de inejecución) filed by the petitioner in case file 24-031119-0007-CO regarding judgment No. 2025003692 of February 7, 2025. In that judgment, the Chamber had upheld the amparo and ordered the Municipality of Garabito to definitively and comprehensively resolve, within six months, the complaint about municipal buildings encroaching on the protection area of Quebrada Lisa. Upon examining compliance, the Chamber found that nearly a year later the municipality had not carried out the necessary actions, merely citing budgetary and procedural difficulties. The Court held that budgetary constraints do not justify non-compliance with its orders, and it reiterated the mandate under warning that administrative proceedings could be initiated and evidence forwarded to the Public Prosecutor's Office for possible disobedience, pursuant to articles 53 and 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369413.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369413", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369413" }, { "id": "nexus-sen-1-0007-1369417", "citation": "Res. 03055-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Review of ruling on Los Chorros Park regarding cyclone mesh", "title_es": "Revisión de sentencia sobre Parque Los Chorros por malla ciclón", "summary_en": "The resolution addresses a request for review against the judgment that dismissed an amparo action filed by a neighbor of Grecia. The original ruling rejected complaints about lack of surveillance, uncontrolled visitation, and the installation of a cyclone mesh fence in Los Chorros Park by the Municipality, arguing that no arbitrary conduct harmful to the right to a healthy environment was proven. The petitioner alleged multiple errors, including omission regarding the right to petition, disregard of the precautionary principle, and lack of reinforced reasoning. The Constitutional Chamber declares the request inadmissible, reiterating that no appeal lies against its judgments, and that the request merely expresses disagreement with the decision. The exceptional review sought is rejected, as the petitioner failed to prove the alleged defects that would justify review under Article 12 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "27/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369417.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369417", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369417" }, { "id": "nexus-sen-1-0007-1369440", "citation": "Res. 03078-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo for visual pollution from utility poles", "title_es": "Inadmisibilidad de amparo por contaminación visual de postes", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed by several Alajuela residents against the Municipality of Alajuela, ICE, and SUTEL. The petitioners complained of visual pollution from three utility poles with disorganized cabling in the city center, alleging violation of their rights to a healthy environment and scenic beauty. The respondent authorities addressed the claims before the amparo was filed: the Municipality declared it lacked jurisdiction and referred the matter to ICE, ICE reported removing unused cables and finding no risks, and SUTEL reported corrective actions by ICE. The Chamber finds that petitioners are in fact challenging the merits of the responses and the technical solution, which are matters of ordinary legality to be raised in administrative or ordinary court proceedings, not through amparo. The appeal is declared inadmissible because the Chamber does not act as an appellate court to review technical or legal criteria in this area.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "landscape-protection" ], "date": "27/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369440.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369440", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369440" }, { "id": "nexus-sen-1-0007-1369599", "citation": "Res. 03240-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to tuna fishing data from purse seiners in the Pacific Exclusive Economic Zone", "title_es": "Acceso a datos de pesca de atún por buques cerqueros en la zona económica exclusiva del Pacífico", "summary_en": "The Costa Rican Federation of Sport Fishing (FECOP) filed an amparo action against the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) for failing to provide information on tuna fishing by purse seine vessels in Costa Rica's Pacific Exclusive Economic Zone, as provided by the IATTC. The majority of the Constitutional Chamber dismissed the amparo as untimely under Article 35 of the Constitutional Jurisdiction Law, since more than two months had passed since the last request. Two dissenting votes disagreed: Justices Cruz Castro and Hess Herrera held that an omission constitutes a continuing violation so the time limit does not run; Justice Rueda Leal found that the claim goes beyond a mere right of petition and concerns the right to a healthy and ecologically balanced environment, and should therefore be admitted.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369599.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369599", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369599" }, { "id": "nexus-sen-1-0007-1369734", "citation": "Res. 03395-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sala denies clarification of judgment on Afro-descendant consultation and extends timeline", "title_es": "Sala deniega aclaración de sentencia sobre consulta afrodescendiente y amplía plazo", "summary_en": "The Constitutional Chamber resolves various post-judgment motions related to decision 2025029985, which partially granted consolidated amparo appeals concerning the Coastal Regulatory Plan for the Cahuita District and the rights of the Afro-descendant population. It dismisses as inadmissible the requests for clarification and addition filed by the appellants, who alleged lack of reasoning, omission in the analysis of ancestral property, self-determination, structural discrimination, and failure to notify the State. The Chamber finds no obscurity or unresolved points and concludes that the appellants are merely expressing disagreement with the ruling, which is not appealable. It also denies the recusal of magistrates who participated in the prior judgment. Regarding the municipal request for a 12-month extension, the Chamber partially grants it, allowing an additional 6 months to comply with the order to schedule a consultation with the Afro-descendant tribal people, deeming the requested period disproportionate but acknowledging reasonable grounds for a shorter extension. Justice Garro Vargas dissents, reiterating that recognition of a tribal people must be done by formal law and not by executive decree.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369734.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369734", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369734" }, { "id": "nexus-sen-1-0007-1369748", "citation": "Res. 03412-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of SINAC Official’s Transfer for Abuse of Ius Variandi", "title_es": "Anulación de traslado de funcionaria del SINAC por abuso del ius variandi", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a SINAC official who served as interim director of the Osa Conservation Area. She claimed the Minister of Environment and Energy ordered her abrupt transfer to the Quepos Subregional Office, 166 km away, without proper grounds and despite a prior labor injunction requiring her retention. The Chamber found that while the Administration has ius variandi authority, the transfer order lacked specific justification, relying merely on generic institutional needs, thus constituting an abusive exercise of that power. The appeal was partially granted: the transfer was annulled, the official was ordered reinstated, and the State was condemned to pay costs and damages. The Chamber declined to rule on the alleged violation of the labor injunction, deferring that matter to the ordinary courts.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369748.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369748", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369748" }, { "id": "nexus-sen-1-0007-1369751", "citation": "Res. 03415-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative due process violation for failure to notify closure of construction control file in stream protection zone", "title_es": "Violación al debido proceso administrativo por falta de notificación del archivo de una boleta de control constructivo en zona de protección de quebrada", "summary_en": "The Constitutional Chamber hears an amparo action filed by two neighbors against the Municipality of Goicoechea. The plaintiffs reported the construction of a church by the Amigos de Dios Association on a property near the Cangrejos Stream, claiming encroachment on the protection zone and flood risk. Following a complaint, the National Emergency Commission issued a technical report concluding that the structure was within the stream's protection zone. The Municipality, while having issued a building permit, identified unauthorized works, ordered their demolition, and later archived the file after compliance. However, the Chamber finds that the Municipality failed to formally notify the plaintiffs of the administrative file's closure, violating their right to a prompt and fulfilled administrative procedure. The amparo is partially granted, ordering notification of the closure within three days, and awarding costs against the Municipality. It is denied regarding the CNE and SETENA, and on the merits of the environmental complaint.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369751.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369751", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369751" }, { "id": "nexus-sen-1-0007-1369753", "citation": "Res. 03417-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water availability for commercial subdivision only protects personal residential use", "title_es": "Disponibilidad de agua para fraccionamiento comercial solo tutelable en uso personal habitacional", "summary_en": "The Constitutional Court analyzes an amparo appeal filed by a company's representative against the water utility (AyA) for denying water availability for 201 commercial lots, alleging delay, breach of agreements, and lack of response to a complaint. The court dismisses the appeal, holding that constitutional protection of the right to water is limited to personal residential use to meet basic life and health needs, not for commercial purposes such as real estate development. It also finds the information request unproven and rules that other claims regarding the denial and complaint are outside the scope of amparo. Dissenting votes on prompt justice and legal standing are included.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "subdivision-fraccionamiento", "procedural-environmental" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369753.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369753", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369753" }, { "id": "nexus-sen-1-0007-1369781", "citation": "Res. 03449-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied due to exhaustion of administrative remedies on environmental permit", "title_es": "Rechazo de amparo por cierre de vía administrativa en permiso ambiental", "summary_en": "The Constitutional Chamber denies an amparo petition against the Municipality of Montes de Oro, filed by neighbors challenging the rejection of a nullity plea against an already final construction permit. The petitioners alleged substantive irregularities (lack of permits for a fuel tank, wastewater discharge, hydraulic alignment, and cadastral discrepancies) in the 'Galagarza Environmental Technology Park' project, arguing that the municipality's refusal to reopen the review violated the right to a healthy environment and the precautionary principle. The Chamber finds no direct constitutional injury: the environmental viability was granted and confirmed by SETENA and MINAE, the construction permit was reviewed through administrative and judicial channels (including the Administrative Court as improper hierarch and in enforcement of a final and favorable act), and the municipality's refusal to duplicate verifications respects the principle of legal certainty and the prohibition on reopening exhausted proceedings. The dispute turns on ordinary legality, not on environmental inaction attributable to the respondent.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369781.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369781", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369781" }, { "id": "nexus-sen-1-0007-1369817", "citation": "Res. 03488-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative delay in municipal construction complaints", "title_es": "Mora administrativa en denuncias municipales de construcción", "summary_en": "The Constitutional Chamber dismisses an amparo action against the Municipality of Nicoya for failure to respond to complaints about a neighboring construction. The petitioner alleged violation of the right to petition and prompt administrative justice, as well as potential environmental harm. The Chamber finds the dispute is limited to a neighbor conflict and possible breaches of the Municipal Code, without any injury to Article 50 of the Constitution. Although the complaints were not resolved within the two-month period, the Chamber relies on its majority case law since ruling 2008-02545, which holds that administrative delays are ordinary legality matters to be pursued before the administrative litigation courts, absent exceptions not present here. Judge Castillo Víquez adds a note reaffirming this position, while Judge Cruz Castro dissents, maintaining that administrative delay harms the fundamental right to prompt and complete justice under Article 41 and should be heard by the Chamber.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369817.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369817", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369817" }, { "id": "nexus-sen-1-0007-1369818", "citation": "Res. 03489-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against municipality for failure to respond to environmental complaint regarding Copey River protection zone", "title_es": "Amparo contra municipalidad por omisión de respuesta en denuncia ambiental sobre zona de protección del río Copey", "summary_en": "The Constitutional Chamber hears an amparo against the Municipality of Garabito for violation of the right to petition and timely response. In June 2025, the petitioner filed an environmental complaint with a technical report showing encroachment on the Copey River protection zone in Jacó, requesting immediate inspection and proceedings to demolish illegal structures, based on the preventive and precautionary principles of the Biodiversity Law. The municipality did not formally respond until December 2025, after the amparo was admitted, when it notified the petitioner of technical actions taken (topographic survey, cadastral review, etc.). The Chamber grants the amparo for violation of the fundamental right, but the majority exempts the respondent from paying costs and damages, resulting in dissenting votes that argue for imposing costs and compensation.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369818.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369818", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369818" }, { "id": "nexus-sen-1-0007-1369830", "citation": "Res. 03501-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed for failure to comply with preliminary order and parallel proceedings", "title_es": "Rechazo de amparo por incumplimiento de prevención y vía procesal paralela", "summary_en": "The Constitutional Chamber flatly dismisses the amparo petition against the Pérez Zeledón Prosecutor's Office and the Ministry of Environment and Energy (MINAE), and archives the claim against the Municipality of Osa. Regarding the Judiciary, the Chamber holds that the petitioner failed to exhaust the 'pronto despacho' (prompt dispatch) remedy under Article 174 of the Criminal Procedure Code, rendering the amparo inadmissible on that ground. As to MINAE, the petitioner did not comply with the Chamber's preliminary order to submit copies of the filings whose lack of response she complained of, thereby violating Article 42 of the Constitutional Jurisdiction Law. As for the Municipality of Osa, the same claims were already being litigated in a separate amparo (case file 25-039634-0007-CO), so this case file is ordered archived with respect to that entity. The Chamber does not reach the merits of the alleged due process violations or the environmental complaint.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1369830.json", "html_url": "/legal/doc/nexus-sen-1-0007-1369830", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1369830" }, { "id": "nexus-sen-1-0007-1370334", "citation": "Res. 04049-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo against generator noise ruled inadmissible", "title_es": "Inadmisibilidad por amparo prematuro contra ruido de generador", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed by a resident against a private condominium and the Ministry of Health regarding noise, vibrations, and emissions from a diesel generator that ran continuously for over 100 hours. Regarding the condominium, the Chamber holds it does not have a position of power triggering amparo jurisdiction, as other judicial remedies exist, and the lack of response does not involve the right to public information. Regarding the Ministry of Health, the noise pollution complaint was filed just two days before the amparo, making the claim premature because the two-month deadline for resolution under Article 261 of the General Public Administration Act had not yet elapsed. The ruling confirms that amparo cannot replace ordinary administrative channels when legal deadlines have not run.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "03/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1370334.json", "html_url": "/legal/doc/nexus-sen-1-0007-1370334", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1370334" }, { "id": "nexus-sen-1-0007-1370531", "citation": "Res. 04257-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience granted for non-compliance with Nandayure River plan", "title_es": "Acoge desobediencia por incumplimiento del plan del río Nandayure", "summary_en": "The Constitutional Chamber grants a disobedience motion filed by the applicant, finding that authorities from MOPT, CNE, and the Municipality of Nandayure have failed to comply with the prior judgment ordering resolution of the Nandayure River flooding and erosion problem. Despite reports of failed tenders, lack of budget, and inter-institutional coordination, the Chamber holds that actions have been insufficient and the original deadline has lapsed, thus ordering immediate compliance under threat of criminal and administrative penalties.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1370531.json", "html_url": "/legal/doc/nexus-sen-1-0007-1370531", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1370531" }, { "id": "nexus-sen-1-0007-1370541", "citation": "Res. 04267-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against non-tourist use and forest destruction in the Papagayo Project", "title_es": "Amparo contra uso no turístico y destrucción de bosque en el Proyecto Papagayo", "summary_en": "The Constitutional Chamber dismissed the amparo action filed by Gad Amit Kaufman against the Costa Rican Tourism Institute (ICT). The plaintiff alleged that the ICT authorized non-tourist uses (subdivision and sale of luxury residential villas) on lands within the Gulf of Papagayo Tourism Project, managed by the ICT, and allowed the destruction of forest in Lot 1 (concession 2168-Z-000), considered State Natural Heritage. The Chamber held that the claimant's challenges concern matters of ordinary legality, not a direct violation of fundamental rights, and thus exceed its jurisdiction. The ruling is based on the fact that the required analysis would involve reviewing compliance with the Master Plan, the concession contract, the special regulations applicable to the tourism hub, and the environmental viability assessment—tasks belonging to the administrative contentious jurisdiction or to the administration itself, especially given that an annulment proceeding challenging the environmental viability was already pending before SETENA.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1370541.json", "html_url": "/legal/doc/nexus-sen-1-0007-1370541", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1370541" }, { "id": "nexus-sen-1-0007-1370549", "citation": "Res. 04278-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal and health authority omissions regarding illegal scrapyard, noise, and threats", "title_es": "Omisión municipal y sanitaria frente a chatarrera ilegal, ruido y amenazas", "summary_en": "The petitioner filed an amparo against the Ministry of Health and the Municipality of Goicoechea for their alleged repeated inaction regarding an illegal scrapyard and La Montaña Bar, which generated pollution, noise, threats, aggression, and illicit activities in the community. The Constitutional Chamber reviewed the reports from the respondent authorities and the petitioner, finding that the complaints had been handled, albeit with delays and limitations typical of administrative procedures. It rejected the claims of violations to the rights of petition, access to information, due process, equality, or a healthy environment, since the institutions had conducted inspections, issued sanitary orders, closures, and referred criminal complaints to the Prosecutor's Office. The appeal was dismissed in its entirety, as no fundamental rights violation was found.", "primary_topic_id": null, "topic_ids": [], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1370549.json", "html_url": "/legal/doc/nexus-sen-1-0007-1370549", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1370549" }, { "id": "nexus-sen-1-0007-1370598", "citation": "Res. 04332-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Restaurant odors do not violate right to healthy environment when health authority has acted", "title_es": "Olores de restaurante no constituyen violación al derecho a un ambiente sano si autoridad sanitaria actuó", "summary_en": "The Constitutional Chamber reviewed an amparo filed by neighbors of La Duquesa Restaurant, who claimed that odors and greasy vapors from food cooking entered their home, affecting their health, rest, and tranquility. They reported to the Ministry of Health, which conducted inspections, issued a sanitary order for unrelated deficiencies, and ultimately closed the case after finding compliance. The petitioners challenged the closure, but their appeals were rejected as inadmissible or unfounded. The Chamber held that the Ministry addressed the complaint and technically ruled out foul odors during inspections inside the restaurant. Although an odor was perceived during one visit to the home, this did not suffice to prove a violation of the right to a healthy environment, especially since the closure was communicated before the amparo was filed. The amparo was denied, and any technical disagreement was directed to the administrative litigation courts. Justice Salazar clarified that he does reach the merits when health or environmental rights are at stake, but here no violation was proven.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1370598.json", "html_url": "/legal/doc/nexus-sen-1-0007-1370598", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1370598" }, { "id": "nexus-sen-1-0007-1370618", "citation": "Res. 04355-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of water connection due to deficit zone", "title_es": "Denegatoria de conexión de agua por zona deficitaria", "summary_en": "The Constitutional Chamber dismisses an amparo filed by a low-income individual who requested a water connection from the San Juan Sur de Corralillo ASADA, needed to access a housing voucher. The ASADA denied the request based on AyA directives since 2020 prohibiting new water availabilities due to a deficit zone, with a 48.52% gap between allocated flow (4.03 L/s) and demand (8.47 L/s). The Chamber reiterates that the right to water is not absolute and that service providers may reject requests when technical or legal impossibilities are duly justified, without violating fundamental rights. Arbitrariness is ruled out, and the petitioner is directed to litigate the merits in administrative courts. Two justices dissent, ordering the proceeding to continue to request a report from ARESEP on possible provider responsibilities for water capacity.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1370618.json", "html_url": "/legal/doc/nexus-sen-1-0007-1370618", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1370618" }, { "id": "nexus-sen-1-0007-1370639", "citation": "Res. 04377-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for noise pollution without constitutional injury", "title_es": "Amparo por contaminación sónica sin lesión constitucional", "summary_en": "The Constitutional Chamber denies an amparo claim against the Ministry of Health for alleged failure to address a noise pollution complaint. The petitioners, affected by noise from an acoustic drum in an adjacent dwelling, argued administrative delay and harm to health. The Chamber finds that the Ministry handled the complaint, conducted inspections, and scheduled sound measurements, which could not be completed due to external factors. It concludes there was no unjustified delay or inactivity, as actions were taken within a reasonable time. The ruling reaffirms that noise pollution can affect fundamental rights but requires proof of unjustified omission by the authority. Separate notes by Justices Castillo Víquez and Salazar Alvarado address jurisdiction over claims of timely administrative justice in environmental matters.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1370639.json", "html_url": "/legal/doc/nexus-sen-1-0007-1370639", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1370639" }, { "id": "nexus-sen-1-0007-1370667", "citation": "Res. 04411-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Withdrawal of amparo on minimum distances for pesticide application near schools", "title_es": "Desistimiento de amparo sobre distancias mínimas para aplicación de plaguicidas cerca de centros educativos", "summary_en": "Petitioners filed an amparo against the Ministry of Agriculture and Livestock and the Ministry of Health for failing to respond to inquiries about whether regulations exist establishing buffer zones for pesticide application near schools, healthcare facilities, and residential areas. They alleged a violation of the right of petition. During the proceedings, MAG referred the inquiry to the SFE, which responded by citing Regulation No. 45310-MAG-MS-MINAE-MTSS as the applicable norm. The Ministry of Health also provided detailed answers along the same lines. The petitioners, satisfied with the responses, withdrew the amparo before the Constitutional Chamber ruled on the merits. The Chamber accepted the withdrawal and ordered the case file archived.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1370667.json", "html_url": "/legal/doc/nexus-sen-1-0007-1370667", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1370667" }, { "id": "nexus-sen-1-0007-1370676", "citation": "Res. 04421-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against SENASA for inaction on environmental complaint — sanitary order issued during proceedings", "title_es": "Amparo contra SENASA por inacción ante denuncia ambiental — orden sanitaria emitida durante el proceso", "summary_en": "The petitioner filed a complaint with SENASA regarding a cattle pen next to her home that lacked proper sanitary and environmental controls, causing foul odors, flies, and accumulation of excreta. Although SENASA conducted several site visits from May 2025 onward, it failed to notify the owner or issue a sanitary order until January 2026, after the Constitutional Chamber admitted the amparo. The Chamber grants the amparo, finding that all effective actions by SENASA occurred only because of the amparo, thus overlooking the prior administrative delay. The majority exempts SENASA from costs, damages, and losses under Article 52 of the Constitutional Jurisdiction Law. Magistrates Salazar Alvarado and Garro Vargas partially dissent, arguing that an abstract award of damages is still warranted. The Chamber instructs SENASA to monitor compliance with the sanitary order and prevent recurrence.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1370676.json", "html_url": "/legal/doc/nexus-sen-1-0007-1370676", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1370676" }, { "id": "nexus-sen-1-0007-1370741", "citation": "Res. 04488-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of drinking water to possessor who is not the registered owner", "title_es": "Negativa de agua potable a poseedor que no es propietario registral", "summary_en": "The Constitutional Chamber denied an amparo action filed by an individual who, despite possessing a plot without being the registered owner, requested drinking water service from AyA. The Chamber found that AyA's refusal was not arbitrary, as it was based on the Service Provision Regulation, which requires the application for service availability and connection to be submitted by the registered owner or legal representative, and it was not proven that the petitioner had formally filed an application. The Court reiterated that the right to drinking water is not absolute and may be subject to reasonable requirements. One judge issued a concurring opinion stating that the matter should have been outright rejected because it belonged to the administrative‑litigation jurisdiction, given the existence of prior administrative actions by AyA.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1370741.json", "html_url": "/legal/doc/nexus-sen-1-0007-1370741", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1370741" }, { "id": "nexus-sen-1-0007-1370850", "citation": "Res. 04599-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied for lack of proof of ICE omission regarding irregular electrical wiring", "title_es": "Declaratoria sin lugar de amparo por falta de acreditación de omisión del ICE en tendido eléctrico irregular", "summary_en": "The Constitutional Chamber denied an amparo petition filed by a resident against the Costa Rican Electricity Institute (ICE), alleging deteriorated electrical wiring endangering people and wildlife, as well as failure to address requests for line extensions and public lighting. Based on sworn reports, the Chamber found that ICE had indeed responded to the original 2021 request, requiring the interested parties to submit documentation and make necessary road improvements for the regulatory extension of service, which the neighbors had not fulfilled. It was also proven that the hazardous wiring conditions stemmed from private electrical connections irregularly installed by the users themselves beyond the delivery point, the maintenance of which is not ICE's responsibility. The case remains pending, awaiting compliance with the requirements by the applicants; thus, no omission was established.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "06/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1370850.json", "html_url": "/legal/doc/nexus-sen-1-0007-1370850", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1370850" }, { "id": "nexus-sen-1-0007-1371022", "citation": "Res. 04797-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance dismissed — verifiable progress on stormwater drainage and sanitary works in San Bosco", "title_es": "Desobediencia sin lugar — avance verificable de obras pluviales y sanitarias en San Bosco", "summary_en": "The Constitutional Chamber dismissed a non-compliance claim regarding Judgment 2020-010461, which ordered the Municipality of Santa Bárbara de Heredia and the Health Area Directorate to resolve within six months the contamination of an irrigation ditch by wastewater and stormwater. The Chamber verified that, despite the project's complexity and the need for intervention by other entities like CONAVI and the local water board (ASADA), both authorities have taken concrete, verifiable actions: the Municipality began removing vegetation, clearing roads, obtained Municipal Council approval for a stormwater easement, and scheduled pipe installation and access construction. Meanwhile, the Health Area conducted 94 fluorescein dye tests, issued 53 sanitary orders (44 complied with), and referred 9 cases of non-compliance to the Public Prosecutor's Office for disobedience to authority. The Chamber found no omission or resistance, only significant progress, thus dismissing the non-compliance allegation.", "primary_topic_id": null, "topic_ids": [], "date": "11/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1371022.json", "html_url": "/legal/doc/nexus-sen-1-0007-1371022", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1371022" }, { "id": "nexus-sen-1-0007-1371071", "citation": "Res. 04850-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal requirements in segregation not reviewable in amparo", "title_es": "Requisitos municipales en segregación no revisables en amparo", "summary_en": "The Constitutional Chamber declares inadmissible the amparo appeal filed against the Municipality of Santo Domingo de Heredia. The appellant alleged violation of fundamental rights due to the late imposition of technical requirements (stormwater mitigation works and sidewalks) for the approval of a property segregation, as well as lack of timely information and sufficient reasoning during the administrative process. The Chamber holds that determining the legality or technical necessity of such requirements falls outside the scope of amparo, whose purpose is to protect fundamental rights, not to control the legality of administrative acts. Given its summary nature, amparo is not the proper avenue to examine whether the requirements imposed by the Municipality are legal or technically necessary; the appellant must resort to the administration itself or ordinary proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1371071.json", "html_url": "/legal/doc/nexus-sen-1-0007-1371071", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1371071" }, { "id": "nexus-sen-1-0007-1371397", "citation": "Res. 07943-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Summary dismissal of unconstitutionality action against national parks bill", "title_es": "Rechazo de plano de acción de inconstitucionalidad contra proyecto de ley de parques nacionales", "summary_en": "The Constitutional Chamber summarily dismisses the unconstitutionality action filed against provisions of Legislative Bill No. 22.878, which amended the National Parks Service Law (No. 6084). The plaintiff challenged the proposed subsections 16) and 17) of Article 8 and Articles 9 bis and 9 ter, alleging violations of the principles of proportionality, legal certainty, due process, right to life, indigenous peoples' rights, and private property, among others. The Chamber finds that at the time of filing (February 11, 2026), the bill was still under legislative review and had not yet become law; the second debate took place the following day, with presidential approval and publication still pending. Under Article 73(a) of the Constitutional Jurisdiction Law, the action is manifestly inadmissible because it targets a bill rather than an enacted norm. Constitutional review of bills must be pursued through the legislative consultation procedure (Article 10(b) of the Constitution and Articles 96-101 of the same Law).", "primary_topic_id": null, "topic_ids": [], "date": "04/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1371397.json", "html_url": "/legal/doc/nexus-sen-1-0007-1371397", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1371397" }, { "id": "nexus-sen-1-0007-1371407", "citation": "Res. 08040-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Self-consumption fuel tank in Galagarza Environmental Technology Park does not warrant constitutional intervention", "title_es": "Tanque de autoconsumo en Parque de Tecnología Ambiental Galagarza no justifica intervención constitucional", "summary_en": "The Constitutional Court denied an amparo challenging the environmental viability granted by SETENA to the 'Galagarza Environmental Technology Park' project. The plaintiff argued that a stationary diesel self-consumption tank had been approved without technical authorization from MINAE/DGTCC and without sufficient safety or emergency information, violating the precautionary principle and citizen participation. The Court reiterated that amparo review does not replace SETENA's technical judgment. It found that the EIA did analyze the tank, that the site has low hydrogeological vulnerability, and that tank authorization is a post-construction matter for other agencies. The Court held there was no manifest omission or arbitrariness, and that the dispute belongs in ordinary administrative or contentious jurisdiction.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "06/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1371407.json", "html_url": "/legal/doc/nexus-sen-1-0007-1371407", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1371407" }, { "id": "nexus-sen-1-0007-1371408", "citation": "Res. 08044-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Visual pollution from wire accumulation in San Ramón", "title_es": "Contaminación visual por acumulación de cableado en San Ramón", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by residents of San Ramón against the Municipality, ICE, and SUTEL, due to visual pollution caused by excess and disorderly telecommunications cabling on posts in the urban center. The Chamber held that chaotic wire accumulation constitutes visual pollution affecting the right to a healthy and ecologically balanced environment under Article 50 of the Constitution. Regarding the Municipality, the appeal was upheld: though it does not grant cabling permits—a power of ICE—it has a duty to supervise public spaces, coordinate inter-institutionally, and adopt measures to mitigate visual pollution; its omission makes it liable for environmental harm. The claim against ICE was also upheld as the post infrastructure administrator, for failing to exercise its supervisory and control powers, allowing the disorder to persist—an omission with constitutional importance. The claim against SUTEL was dismissed, as it acted promptly by forwarding the complaint and requesting corrective actions, without arbitrary inaction. Orders include the Municipality creating a commission and coordinating with ICE, and ICE executing the removal of unused cabling and establishing a permanent oversight protocol.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "procedural-environmental" ], "date": "06/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1371408.json", "html_url": "/legal/doc/nexus-sen-1-0007-1371408", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1371408" }, { "id": "nexus-sen-1-0007-1371419", "citation": "Res. 06027-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional challenge to the Environmental Assessment, Control and Monitoring Regulation (Decree 43898)", "title_es": "Acción de inconstitucionalidad contra el Reglamento de Evaluación, Control y Seguimiento Ambiental (Decreto 43898)", "summary_en": "The Constitutional Chamber, by majority, dismissed the unconstitutionality action filed against Executive Decree No. 43898-MINAE-S-MOPT-MAG-MEIC, the Regulation for Environmental Assessment, Control and Monitoring. The majority decision was based on admissibility grounds, primarily the lack of sufficient and precise argumentation in the claim, without addressing the merits of the numerous challenges alleging environmental deregulation, violation of the principle of non-regression, inadequate public consultation, and other constitutional principles. The dissenting vote by Judge Cruz Castro declared several articles (3, 9, 13, 15, 39, 47 and 98) unconstitutional, finding they violated the right to a healthy environment and the principles of progressivity and non-regression, among others, and also addressed the claim on citizen participation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1371419.json", "html_url": "/legal/doc/nexus-sen-1-0007-1371419", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1371419" }, { "id": "nexus-sen-1-0007-1371425", "citation": "Res. 05169-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of Subsequent Motion Regarding Compliance with Environmental Amparo", "title_es": "Improcedencia de gestión posterior sobre cumplimiento de amparo ambiental", "summary_en": "The Constitutional Chamber dismisses a subsequent motion filed by the petitioner in amparo case 19-007294-0007-CO. The petitioner claimed that the Municipality of Alajuela had failed to comply with the Chamber's orders and complained about the cancellation of an interpreter appointment in a related environmental case. The Court recalls that the original judgment (2019008846) did not issue any express order against the municipality, because the violation of the right to petition was remedied during proceedings when the municipality notified the petitioner of official letter MA-PPCI-0190-2019. Regarding the cancelled appointment, the Chamber treats it as new and unrelated facts, ordering that portion to be separated for independent handling. The Chamber reiterates its doctrine that it is neither an active administration nor a complaint-processing body for environmental matters, and dismisses the motion in its entirety.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1371425.json", "html_url": "/legal/doc/nexus-sen-1-0007-1371425", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1371425" }, { "id": "nexus-sen-1-0007-1371504", "citation": "Res. 05270-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed for roadwork impacts to commercial property", "title_es": "Improcedencia del amparo por afectaciones de obra vial a propiedad comercial", "summary_en": "The petitioner, owner of Restaurante Bar La Isla in Cartago, filed an amparo against MOPT and CONAVI due to elevation of the road grade and installation of an electrical box in front of his business as part of the Taras-La Lima project. He alleged impacts to pedestrian and vehicular access, loss of visibility, and commercial competitiveness. The Constitutional Chamber found that the authorities were not negligent: they attended and socialized the works, and explained that the works were within the state right-of-way according to approved technical design. The petitioner's filings were a general complaint, not a pure petition enforceable under Article 27 of the Constitution. Discussion on the material impact of the works belongs to the contentious-administrative jurisdiction, not amparo. The appeal is dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "13/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1371504.json", "html_url": "/legal/doc/nexus-sen-1-0007-1371504", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1371504" }, { "id": "nexus-sen-1-0007-1371510", "citation": "Res. 05276-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against municipality for noise, light, and dust pollution", "title_es": "Amparo por contaminación sónica, lumínica y por polvo contra municipalidad", "summary_en": "The Constitutional Chamber dismissed the amparo filed by a neighbor against the Municipality of Heredia for alleged noise, light, and dust pollution from the Fátima Sports Complex. The petitioner claimed the municipality failed to resolve an environmental complaint filed in September 2025 and a precautionary measure requested in December 2025. The Chamber found that the municipality did act: it forwarded the complaint to the Ministry of Health, the competent authority for noise pollution, before the amparo was filed. The petitioner did not formalize a new complaint with the Ministry, and the time elapsed for the precautionary measure was not unreasonable. No violation of fundamental rights, particularly the right to prompt and complete administrative proceedings (Article 41) and the right to a healthy environment (Article 50), was found.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "13/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1371510.json", "html_url": "/legal/doc/nexus-sen-1-0007-1371510", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1371510" }, { "id": "nexus-sen-1-0007-1371533", "citation": "Res. 05307-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Impossibility of water supply for lots lacking an authorized operator", "title_es": "Imposibilidad de suministro de agua en lotes sin operador autorizado", "summary_en": "The Constitutional Chamber dismissed an amparo action filed on behalf of a landowner of several lots in the Valle Verde sector of Guápiles, Pococí. The petitioner claimed that AyA and ASADA Buenos Aires Sur arbitrarily and without technical grounds denied water service, violating fundamental rights. The Chamber found that the landowner had not submitted a formal water availability request to AyA and that the sector where the lots are located lacks an authorized operator. Reiterating its case law, the court concluded that there is a material impossibility (lack of operator and network) and the denial was not arbitrary, hence no fundamental rights were violated. It directed the petitioner to pursue administrative or ordinary judicial channels.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "13/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1371533.json", "html_url": "/legal/doc/nexus-sen-1-0007-1371533", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1371533" }, { "id": "nexus-sen-1-0007-1371796", "citation": "Res. 05600-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Consolidation of amparo for repetition: soccer fields adjoining condominium", "title_es": "Acumulación de amparo por reiteración: canchas de fútbol colindantes con condominio", "summary_en": "The Constitutional Chamber reviews an amparo against the Municipality of Goicoechea for alleged omissions regarding complaints about two soccer fields near a condominium. The petitioner claims noise, alcohol consumption, lack of oversight, and operation without a valid health permit for one establishment. The Chamber verifies that the same petitioner filed another identical amparo, pending under case number 26-003146-0007-CO. To avoid contradictory rulings, it orders the filing and evidence of this case to be consolidated into that proceeding and orders the closure of this file. No substantive decision on the alleged noise or light pollution is made.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "13/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1371796.json", "html_url": "/legal/doc/nexus-sen-1-0007-1371796", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1371796" }, { "id": "nexus-sen-1-0007-1371861", "citation": "Res. 05665-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of environmental amparo for prematurity and lack of exhaustion", "title_es": "Inadmisibilidad de amparo ambiental por prematuro y falta de agotamiento", "summary_en": "The Constitutional Chamber flatly rejects an amparo action against the Municipality of Barva for allegedly failing to address complaints regarding an unpermitted shop causing noise and environmental pollution. Regarding a 2023 complaint, the Chamber finds that the municipality did respond by warning the accused, rendering that part inadmissible. As for a complaint filed in November 2025, the Chamber holds that when the amparo was lodged in February 2026, the two-month period granted by the General Public Administration Law for inspections had not yet elapsed, making the action premature and thus inadmissible. The ruling does not examine the environmental merits, limiting itself to a formal admissibility review.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "13/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1371861.json", "html_url": "/legal/doc/nexus-sen-1-0007-1371861", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1371861" }, { "id": "nexus-sen-1-0007-1372364", "citation": "Res. 07073-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo for temporary solid waste storage in El Cocal, Quepos", "title_es": "Amparo ambiental por almacenamiento temporal de residuos sólidos en El Cocal de Quepos", "summary_en": "The Constitutional Chamber reviews an amparo filed by residents of the informal settlement of El Cocal in Quepos, alleging non-compliance with a prior ruling (2021-2741) and ongoing violation of the right to a healthy environment due to inadequate solid waste and wastewater management. The Chamber finds that, although the Municipality of Quepos conducts daily collection and operates a transfer center, the temporary communal depot in Montecillos is in evident disrepair, with leachate flowing into the estuary and no protection against pests, creating a pollution hotspot. The Chamber grants the amparo partially, solely against the Municipality of Quepos, ordering immediate palliative measures and definitive correction of the temporary storage site within two months. It also orders the separation of the filing to examine the alleged non-compliance with the prior ruling.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1372364.json", "html_url": "/legal/doc/nexus-sen-1-0007-1372364", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1372364" }, { "id": "nexus-sen-1-0007-1372366", "citation": "Res. 41905-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Infrastructure in protection areas: tourism works without technical basis", "title_es": "Infraestructura en áreas de protección: obras turísticas sin sustento técnico", "summary_en": "The Constitutional Chamber examines the constitutionality of Articles 33 bis and 33 ter of the Forestry Law, added by Law 10210 of 2022, which authorize civil and tourism infrastructure in protection areas. Unanimously, the first paragraph of Article 33 bis (works necessary for public services) is declared constitutional. By majority, the second paragraph of Article 33 bis (tourism works of 'low environmental impact'), Article 33 ter (restoration with tourism and productive purposes), and Transitory II are annulled for lacking technical basis and violating the principles of objectivity, non-regression, and reasonableness. An interpretative ruling is issued on the last paragraph of Article 33 bis, clarifying that the exclusive competence of the Water Directorate does not override the constitutional and conventional requirement of a prior environmental impact assessment by SETENA when technically required. The ruling has retroactive effects, without prejudice to good-faith acquired rights.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "forestry-law-7575" ], "date": "17/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1372366.json", "html_url": "/legal/doc/nexus-sen-1-0007-1372366", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1372366" }, { "id": "nexus-sen-1-0007-1372827", "citation": "Res. 05749-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "New Noncompliance Motion Must Be Filed as a New Case if Facts Are Subsequent and Different from the Original Judgment", "title_es": "Nueva gestión de desobediencia debe tramitarse como asunto nuevo si los hechos son posteriores y distintos a la sentencia original", "summary_en": "The Constitutional Chamber addresses a noncompliance motion filed by the petitioner regarding judgment 2021-017811, which had ordered the Municipality of Alajuelita and the Ministry of Health to definitively resolve complaints about noise, clandestine slot machines, and alcohol consumption on public roads. The petitioner claims that, over a year later, the orders remain unfulfilled and the nuisance persists. The Chamber reviews the documentation and finds that the facts now alleged are recent and relate to new administrative complaints, not a direct failure to comply with the 2021 order. Since noncompliance proceedings only apply when there is a concrete and immediate disregard of the original order, and here the facts are subsequent and different, the Chamber denies the motion and orders that the filing be separated and processed as a new case, thus preserving the petitioner's right of access to justice.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1372827.json", "html_url": "/legal/doc/nexus-sen-1-0007-1372827", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1372827" }, { "id": "nexus-sen-1-0007-1373076", "citation": "Res. 05996-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-execution of amparo judgment against SENASA over livestock activity", "title_es": "Inejecución de sentencia de amparo contra SENASA por actividad pecuaria", "summary_en": "The petitioner alleges that the Constitutional Chamber already granted a previous amparo (case 25-030570-0007-CO), ordering SENASA to address irregularities from a cattle pen near his home. He claims the agency merely issued a Veterinary Operation Certificate without effectively solving the nighttime noise from penned cattle, the use of an electric grass chopper from 5 a.m., animal deaths without sanitary management, and fly proliferation. He requests examination of the non-execution of that judgment. The Chamber does not rule on the merits; it orders the petition to be detached and added to the original case file for resolution there, and archives the new file.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373076.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373076", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373076" }, { "id": "nexus-sen-1-0007-1373195", "citation": "Res. 06130-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with order to build wildlife crossings on Route 32", "title_es": "Desobediencia a orden de construir pasos de fauna en Ruta 32", "summary_en": "The Constitutional Chamber reviews a non-compliance filing by the original petitioner against the National Roads Council (CONAVI). In 2021, the Chamber had ordered CONAVI to build and enable wildlife crossings on National Route 32 and to plan for future sections. After multiple extensions and reiterations, the petitioner claims that the institution has still not fully complied. CONAVI reports progress, including the contractual addition of 23 underpasses and 20 overpasses, but acknowledges technical and financial constraints that have prevented complete execution. The Chamber finds that despite the efforts made, full compliance has not been achieved; thus, it upholds the non-compliance filing, reiterates the construction order, and warns that failure to comply may lead to administrative proceedings and potential criminal charges for disobedience under Articles 53 and 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373195.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373195", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373195" }, { "id": "nexus-sen-1-0007-1373198", "citation": "Res. 06133-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noncompliance with Amparo Order for Environmental Information on Talamanca Coastal Regulatory Plan", "title_es": "Desobediencia de orden de amparo sobre información ambiental en Plan Regulador Costero de Talamanca", "summary_en": "This Constitutional Chamber ruling addresses a motion for clarification and noncompliance filed by the petitioner in an amparo proceeding. First, it corrects a material error in the prior judgment (No. 2025002151), replacing the award against the 'State' with an award against the 'National System of Conservation Areas' (SINAC), given its instrumental legal personality and own assets. Second, the Chamber examines the noncompliance claim: the petitioner argues that SINAC has failed to comply with the order to provide specific information on the delimitation of estuaries and inlets along the Talamanca coastline, as requested in communication AEL-00252-2024. Although SINAC claimed to have responded, the Chamber finds that the response provided pertains to a different matter and another amparo case. Therefore, it upholds the noncompliance claim and reiterates to SINAC's Executive Director the obligation to deliver the information clearly and in certified form, with the warning that failure may result in referring the matter to the Public Prosecutor's Office for potential disobedience charges.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373198.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373198", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373198" }, { "id": "nexus-sen-1-0007-1373205", "citation": "Res. 06140-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disaffiliation of Indigenous member and standing in amparo against Térraba ADI", "title_es": "Desafiliación de asociado indígena y legitimación en amparo contra ADI de Térraba", "summary_en": "The Constitutional Chamber denies the amparo filed by a person self-identified as indigenous Brörán of Térraba against the Integral Development Association (ADI) and DINADECO. The complainant alleged arbitrary disaffiliations and reprisals for opposing the ADI, manipulation of membership rolls, use of a parallel roll, and requested the invalidation of the Indigenous Law Regulation. The Chamber found that the complainant was disaffiliated in 2017 through a process whose resolution was ratified by the general assembly without any challenge, becoming final. Nor did he prove having requested re-affiliation. Regarding roll manipulation, the claim was deemed generic and abstract, lacking concrete personal harm. Finally, no causal link was shown between the challenged regulation and the alleged violation, so no deadline was granted for an unconstitutionality action. The Chamber admitted the claim against the ADI due to its power position but dismissed all allegations for lack of evidence or because they constituted disagreements with final decisions.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373205.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373205", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373205" }, { "id": "nexus-sen-1-0007-1373223", "citation": "Res. 06158-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on noise pollution and Ministry of Health sanitary order", "title_es": "Amparo por contaminación sónica y orden sanitaria del Ministerio de Salud", "summary_en": "The petitioner, a resident of the Condominium Barcelona, filed an amparo action against the Ministry of Health for allegedly failing to enforce a sanitary order issued against the Bar and Restaurant Fulcro due to noise pollution. Although a complaint was filed in February 2025, official noise measurements were not taken until September 2025, and the sanitary order was issued on September 22, 2025, prohibiting public shows until acoustic confinement improvements were implemented. The petitioner claimed that, despite the order, the establishment continued to hold events with excessive noise and that the Ministry authorized \"sound tests\" which prolonged the harm. The Constitutional Chamber held that the Administration did not act in a timely and effective manner to protect the rights to tranquility, rest, health, and a healthy environment, since the remedy was delayed and the nuisance only ceased after the amparo was notified. The appeal is granted, without an order for costs, damages, or losses, with dissenting opinions that would have ordered abstract condemnation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373223.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373223", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373223" }, { "id": "nexus-sen-1-0007-1373263", "citation": "Res. 06202-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal Failure to Respond and Use of Informal Channels", "title_es": "Omisión de respuesta municipal y uso de canales informales", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Osa for failure to respond to two requests filed by a municipal employee. The first, dated March 20, 2025, sought an inspection and relocation of a communal dumpster due to foul odors and health risks; the second, dated October 7, 2025, requested copies of documents regarding the delegation of duties in a drill. Both were sent to the personal email accounts of municipal officials rather than to the official institutional channel. The Municipality reported that the accounts used were not those designated for receiving citizen requests and that it later responded nonetheless. The Chamber finds no violation of fundamental rights because the petitioner, as a municipal employee, should have known and used the official channels. The amparo is denied, without reaching the environmental merits. Justice Salazar Alvarado adds a note stating that in environmental matters affecting health and the right to a healthy environment, he would reach the merits, as was the case here given the foul odors and sanitary pollution from the dumpster.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373263.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373263", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373263" }, { "id": "nexus-sen-1-0007-1373272", "citation": "Res. 06212-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water supply in informal settlement affected by illegal connections", "title_es": "Suministro de agua en asentamiento informal afectado por conexiones ilícitas", "summary_en": "The Constitutional Chamber denied the amparo action filed by residents of the informal settlement Martina Bustos in Liberia, Guanacaste, against the Costa Rican Institute of Aqueducts and Sewers (AyA). The plaintiffs claimed insufficient water pressure and scarcity at the 12 public taps installed by AyA as an exceptional measure in that irregular settlement. The Chamber found that the community lacks a formal urbanization process and does not meet legal requirements for residential water services. AyA proved that pressure problems stem from illegal connections, direct drilling, and unauthorized diversions carried out by the residents themselves, disrupting the system and even affecting formal users in neighboring sectors. The Court held that, since public taps exist and the irregularities are community‑caused, no fundamental rights violation warrants constitutional relief, without prejudice to the residents regularizing their situation to obtain formal service.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373272.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373272", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373272" }, { "id": "nexus-sen-1-0007-1373280", "citation": "Res. 06220-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Clarification on amparo ruling regarding drinking water in Valle Verde", "title_es": "Aclaración sobre recurso de amparo por agua potable en Valle Verde", "summary_en": "The Constitutional Chamber adjudicates a motion for clarification of Judgment No. 2026-004391, which had partially granted an amparo for lack of drinking water service in Valle Verde, Guápiles. The petitioner, the Costa Rican Institute of Aqueducts and Sewers (AyA), requested clarification on whether this ruling modified criteria from prior judgments in the same geographic area. The Chamber rejects the motion, emphasizing that each amparo is a subjective and concrete proceeding dependent on the evidence and factual circumstances of each case, so no contradiction exists between the resolutions. The original ruling was based on prolonged administrative inaction in conducting feasibility studies, not an automatic right to connection. The judgment stands unchanged because it lacks ambiguity, obscurity, or internal contradiction.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373280.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373280", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373280" }, { "id": "nexus-sen-1-0007-1373291", "citation": "Res. 06233-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of Amparo for Failure to Comply with Prevention and Lack of Address", "title_es": "Rechazo de amparo por incumplimiento de prevención y falta de dirección", "summary_en": "The Constitutional Chamber reviewed an amparo filed by Nombre01, but the filing lacked a statement of facts, a specific claim, identification of the respondent authority, and a place for notifications. The Chamber ordered the petitioner to correct these defects, but the order could not be served because the address on file with the Civil Registry was incorrect and no other address had been provided. Under the Judicial Notifications Law, the order was deemed automatically served after 24 hours. Since the petitioner failed to comply within the allowed period, the Chamber flatly rejected the amparo under Article 42 of the Constitutional Jurisdiction Law. A person who claimed the filing was made in error requested withdrawal and archiving, but did not demonstrate standing to act on behalf of the petitioner; the Chamber declared that request inadmissible. The parties were warned about the deadline to retrieve any physical documents. The ruling is purely procedural, addressing the admissibility of the amparo and containing no environmental substance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373291.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373291", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373291" }, { "id": "nexus-sen-1-0007-1373313", "citation": "Res. 06255-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Drinking water availability outside AyA coverage area", "title_es": "Disponibilidad de agua potable fuera del área de cobertura del AyA", "summary_en": "The Constitutional Chamber dismissed an amparo action against AyA and a rural water association (ASADA), where the petitioner claimed unjustified denial of water availability for her property in Valle Verde, Pococí. The Chamber found that the property lies outside the coverage area of AyA-managed aqueducts, that the ASADA lacks infrastructure in the sector and has no approved extension studies, and that the area is partially within the absolute protection zone of the Numancia Well, imposing severe restrictions on new connections. The petitioner did not submit the technical feasibility studies required by the AyA Service Provision Regulation. Based on settled case law, the Chamber held that the lack of coverage and infrastructure constitutes a technical and material impossibility that does not violate fundamental rights, and that the denial was grounded on objective technical, environmental, and regulatory criteria, not discrimination. Two justices dissented and ordered continued proceedings to seek a report from ARESEP.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373313.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373313", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373313" }, { "id": "nexus-sen-1-0007-1373317", "citation": "Res. 06259-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against MINAE for mass fish kills in Madre de Dios Lagoon", "title_es": "Amparo contra MINAE por mortandad masiva en Laguna Madre de Dios", "summary_en": "The Constitutional Chamber reviews an amparo filed by a citizen against the National Environmental Council and MINAE due to chronic agrochemical contamination in the Madre de Dios watershed and lagoon in Matina, Limón. The petitioner asked the Council to develop a national protocol for preventing mass die-offs from agrochemicals and to convene an extraordinary session. The Court determines that the request is an exhortation, not a request for information, so the administration is not obliged to respond under Article 27 of the Constitution. The petitioner's dissatisfaction with the Vice Minister of Environment's response also falls outside amparo jurisdiction and pertains to ordinary legality. The appeal is therefore denied.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373317.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373317", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373317" }, { "id": "nexus-sen-1-0007-1373318", "citation": "Res. 06260-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for contamination by metal workshop in residential area", "title_es": "Amparo por contaminación de taller metálico en zona residencial", "summary_en": "The appellant, a resident of a residential development in Santa Ana, filed an amparo action against the Municipality of Santa Ana for failing to respond to her complaints about illegal constructions and contamination from a metal transformation workshop adjacent to her home. She alleged harm to her health, the right to a healthy and ecologically balanced environment, and the enjoyment of her property. The Constitutional Chamber declared the amparo inadmissible as premature, since the two-month period for the Administration to resolve the complaints filed on December 17, 2025 and January 6, 2026 had not elapsed. It clarified that, although the case involves rights to health and environment (an exception to the general referral to the administrative contentious jurisdiction), amparo does not lie until the legal resolution period expires. The appellant's right to refile the claim later is preserved.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373318.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373318", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373318" }, { "id": "nexus-sen-1-0007-1373332", "citation": "Res. 06275-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of residency based on investment in an inactive company is not a correctable defect but a substantive non-compliance", "title_es": "Rechazo de residencia por inversión en sociedad inactiva no es un defecto subsanable, sino un incumplimiento sustantivo", "summary_en": "The Constitutional Chamber reviews an amparo action filed by a foreigner and his dependents against the General Directorate of Migration. The petitioner sought temporary residency as an investor, based on the acquisition of shares in a Costa Rican company for over $150,000, under Law 9996. The DGME rejected the application because the investee company was inactive before the Tax Authority, violating Article 7(b) of the Regulation to Law 9996, which requires economic activity in the country. The petitioner claimed a due process violation for lack of prior warning, arguing that the inactivity was a correctable defect. The Chamber denies the amparo, holding that the rejection was not based on a formal defect but on a substantive non-compliance: the lack of economic activity of the legal entity is a substantive requirement not correctable through a warning. It rules that the dispute over the investment's suitability and compliance with legal prerequisites belongs in administrative proceedings or ordinary contentious-administrative jurisdiction, not in constitutional amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373332.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373332", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373332" }, { "id": "nexus-sen-1-0007-1373378", "citation": "Res. 06324-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to Potable Water for Persons Deprived of Liberty During Technical Failure", "title_es": "Acceso al agua potable de privados de libertad ante falla técnica", "summary_en": "The Constitutional Chamber reviews an amparo brought on behalf of a person deprived of liberty at CAI Jorge Arturo Montero Castro, who claimed lack of regular access to potable water since January 12, 2026, due to a major pump failure. The Chamber admits the amparo exceptionally, as the matter could affect the protected person's rights to health and life, even though they are a sentenced inmate. The court verifies the shortage and the provisional measures taken, including water distribution via tanker trucks and intervention by the Ministry of Health through a sanitary order. The Chamber refers the petitioner to the ruling in a previous identical case (2026005391), which was granted and ordered immediate compliance with the sanitary order MS-DRRSCN-DARSA2-OS-017-2026. The judgment underscores the State's duty to ensure sanitary conditions and access to potable water in prisons, with notice of criminal penalties for non-compliance.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373378.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373378", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373378" }, { "id": "nexus-sen-1-0007-1373447", "citation": "Res. 06398-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied over dust from unpaved road", "title_es": "Rechazo de amparo por polvo en vía sin asfaltar", "summary_en": "The Constitutional Chamber flatly denied an 'amparo' action filed by a worker against MOPT, CONAVI, and the Municipality of Cartago. The plaintiff claimed that excessive dust from an unpaved public road with heavy traffic near Distribuidora Comercial Agrotico in La Lima, Cartago, aggravated her respiratory conditions (turbinate hypertrophy, chronic allergies). The Chamber held that the plaintiff did not first file an administrative complaint before the respondent authorities, a prerequisite for constitutional review, as the Chamber must not substitute active administration in its duties. It clarified that an amparo may be filed after an unreasonable delay without effective administrative action, provided there is a threat or violation of fundamental rights. The ruling does not address the merits and is limited to dismissal for failure to exhaust administrative remedies.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373447.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373447", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373447" }, { "id": "nexus-sen-1-0007-1373485", "citation": "Res. 06439-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Petition denied against San José Municipality and Ministry of Health for inaction regarding clandestine auto shop complaint", "title_es": "Sin lugar amparo contra Municipalidad de San José y Ministerio de Salud por inacción ante denuncia de taller mecánico clandestino", "summary_en": "The petitioner, a condominium manager, filed a petition against the Municipality of San José and the Ministry of Health, alleging failure to address complaints about a clandestine auto shop causing noise, fumes, toxic odors, and fire risks. The Constitutional Court found that both authorities had already processed and closed the complaints prior to the filing, determining through inspections that the alleged shop did not exist. Furthermore, in response to the petition, they conducted new inspections that also failed to confirm the facts. The Court denied the petition, concluding there was no administrative neglect. A separate note by Justice Castillo Víquez addresses the jurisdiction of administrative courts over prompt and effective justice claims.", "primary_topic_id": null, "topic_ids": [], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373485.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373485", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373485" }, { "id": "nexus-sen-1-0007-1373502", "citation": "Res. 06456-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against JAPDEVA regulations without individual act of application to Afro-descendant territory", "title_es": "Improcedencia del amparo contra reglamentos de JAPDEVA sin acto de aplicación individual al territorio afrodescendiente", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by an individual on behalf of the Afro-descendant population of the Caribbean against three JAPDEVA regulations: the Lease Collection Regulation, the Navigation and Cabotage Regulation, and the Strategic Alliances Regulation. The claimant argued that these regulations violated collective rights to ancestral territory, prior consultation, and equality by making land tenure precarious, imposing fees for navigation, and enabling investment projects without consultation. By majority, the Chamber held that the claim is generic and does not identify any specific individual act of application of the challenged rules that harmed fundamental rights. It reaffirmed its jurisprudence that amparo does not lie against normative provisions in the abstract, unless challenged together with individual acts of application or in cases of self-executing norms. Since these conditions were not met, the action was inadmissible. Justice Garro Vargas added a concurring note emphasizing that there is no law recognizing Afro-descendants as a tribal people, a matter reserved to the legislature.", "primary_topic_id": null, "topic_ids": [ "indigenous-law-6172", "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373502.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373502", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373502" }, { "id": "nexus-sen-1-0007-1373530", "citation": "Res. 06484-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "AyA sewage overflow and amparo admissibility", "title_es": "Rebose de aguas cloacales del AyA y admisibilidad del amparo", "summary_en": "The Constitutional Chamber summarily dismissed an amparo petition filed by an elderly woman against the Costa Rican Institute of Aqueducts and Sewers (AyA) and others, due to the continuous overflow of sewage from an AyA tank affecting her home and those of neighboring elderly relatives with health problems. The petitioner alleged a violation of the right to a healthy environment because of the contamination and health risks. However, the Chamber had previously ordered her to state whether she had filed a formal written complaint with the respondent authorities and to provide documentation on the outcome or status of that action. Since she failed to comply with the order within three days, the Chamber dismissed the petition under Article 42 of the Constitutional Jurisdiction Law, without ruling on the merits of the environmental dispute.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373530.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373530", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373530" }, { "id": "nexus-sen-1-0007-1373603", "citation": "Res. 06560-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo regarding electric vehicle parking meter exemption", "title_es": "Inadmisibilidad de amparo sobre exoneración de parquímetros para vehículos eléctricos", "summary_en": "The Constitutional Chamber summarily dismisses an amparo action against the Municipality of San José. The claimant alleged that he was fined for not paying a parking meter on a public road, despite the absence of municipal regulations, signage, or public information on the treatment of electric vehicles, and that the failure to regulate Law 9518 (Electric Transportation Incentives and Promotion Law) violated his fundamental rights and undermined the environmental purpose of the statute. The Chamber finds that the claim involves a mere question of legality, beyond its jurisdiction, as it is not an omission deriving from an express and direct constitutional mandate (unconstitutionality by omission), but rather a lack of regulatory implementation of a law. It notes that the claimant may pursue administrative or judicial remedies to litigate the merits. Consequently, the appeal is declared inadmissible.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373603.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373603", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373603" }, { "id": "nexus-sen-1-0007-1373606", "citation": "Res. 06563-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must maintain unclassified road in special protection zone", "title_es": "Municipalidad debe dar mantenimiento a calle no clasificada en zona de protección especial", "summary_en": "The Constitutional Chamber summarily dismissed an amparo appeal filed by a resident of San Miguel de Higuito, Desamparados, against the Municipality of Desamparados. The appellant argued that the local government refused to maintain a public road identified with a cantonal code, despite the land use permit allowing housing, and that there was discrimination compared to other communities. The majority of the Chamber held that the case raises a dispute of ordinary legality —whether legal requirements are met to intervene on the road or change its classification— without direct injury to fundamental rights, and that the alleged inequality required a prior legality analysis unsuitable for amparo proceedings. One judge dissented, considering that the impassable condition of the road and the denial of electricity access could affect the rights of vulnerable persons, and that more evidence was needed, thus deciding to admit the appeal.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373606.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373606", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373606" }, { "id": "nexus-sen-1-0007-1373663", "citation": "Res. 06626-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against jurisdictional decisions of the Cartago Criminal Appeals Court", "title_es": "Inadmisibilidad del amparo contra resoluciones jurisdiccionales del Tribunal de Apelación Penal de Cartago", "summary_en": "The Constitutional Chamber flatly rejects an amparo action filed against the Cartago Criminal Appeals Court for its actions in an environmental criminal case concerning the diversion of a stream. The petitioner alleged irregularities such as the annulment of a judgment ordering environmental restoration, the admission of late evidence, and an apparent breach of impartiality. The Chamber finds that the challenged acts emanate from a judicial body exercising its jurisdictional function, and thus, under Article 30(b) of the Constitutional Jurisdiction Law, they are not subject to constitutional review via amparo. The action is declared inadmissible, with the indication that claims must be raised through ordinary legal remedies.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "20/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373663.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373663", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373663" }, { "id": "nexus-sen-1-0007-1373953", "citation": "Res. 06942-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SINAC's failure to issue criteria on construction permits in protected areas", "title_es": "Omisión de SINAC en emitir criterio sobre permisos de construcción en áreas de protección", "summary_en": "The petitioner filed an amparo action against the National System of Conservation Areas (SINAC) for failing to respond to a technical query submitted in June 2025 regarding a normative contradiction between Articles 19, 33 bis, and 34 of the Forestry Law, which affects the granting of permits to build a vehicular bridge on private property. The Constitutional Court dismisses the action outright, holding that determining compliance with administrative deadlines is a matter of ordinary legality that must be heard by the contentious-administrative jurisdiction, per the criterion established since the entry into force of the Contentious-Administrative Procedure Code. Justice Castillo Víquez adds a separate note reaffirming this view, while Justice Cruz Castro dissents, advocating for the admissibility of the amparo to protect the right to prompt administrative justice.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "24/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1373953.json", "html_url": "/legal/doc/nexus-sen-1-0007-1373953", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1373953" }, { "id": "nexus-sen-1-0007-1374073", "citation": "Res. 10086-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for environmental damage at Playa Delfines and delay in forming interdisciplinary commission", "title_es": "Amparo por daño ambiental en Playa Delfines y demora en conformar comisión interdisciplinaria", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a citizen against the Municipality of Puerto Jiménez for failing to resolve an administrative complaint regarding alleged violations of the Playa Delfines Regulatory Plan, including unauthorized use of concessions, gates obstructing free transit, and potential environmental damage in the maritime-terrestrial zone. The Chamber found that the municipality had diligently processed most of the complaint: it conducted inspections, issued legal opinions recommending removal of a gate, and concluded there were sufficient indications of serious land-use and environmental violations, recommending the formation of an interdisciplinary commission. However, nearly four months after that opinion, the commission had not been formed and no conclusions had been reached. The Chamber therefore partially granted the amparo, solely regarding the environmental damage claim, and ordered the municipality, within three months, to ensure the interdisciplinary commission issued its conclusions and corresponding administrative resolutions to address the environmental damage.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374073.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374073", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374073" }, { "id": "nexus-sen-1-0007-1374074", "citation": "Res. 10061-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Lack of Response by the National Registry and Evidentiary Value of the Report Under Oath", "title_es": "Falta de respuesta del Registro Nacional y valor probatorio del informe bajo juramento", "summary_en": "The Constitutional Chamber hears a writ of amparo against the National Registry for an alleged failure to respond to a request filed on June 17, 2025. The petitioner claims he sent his request to the official email address, providing copies of that and subsequent follow-ups. The respondent authority reports under oath that after reviewing the institutional email and the E-gestor document system, no request from the petitioner on that date appears. The Chamber determines that the evidence provided by the petitioner does not conclusively demonstrate the sending of the request, while the report given under oath has full evidentiary value under Article 44 of the Constitutional Jurisdiction Law, absent evidence to rebut it. Consequently, the writ is denied. Additionally, the Chamber clarifies that the possible falsity of the report is a matter for criminal jurisdiction, not constitutional, and that the petitioner may file a complaint with the Public Prosecutor's Office if he deems it appropriate.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374074.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374074", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374074" }, { "id": "nexus-sen-1-0007-1374089", "citation": "Res. 09143-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Bed Bug Infestation and Detention Conditions at CAI Jorge Arturo Montero Castro", "title_es": "Presencia de chinche de cama y condiciones de detención en el CAI Jorge Arturo Montero Castro", "summary_en": "The Constitutional Chamber heard an amparo appeal on behalf of a person who was held in the Family Support Detention Unit of CAI Jorge Arturo Montero Castro. The petitioner alleged violations regarding lack of potable water, insect infestation (mites/bed bugs), and overcrowding. Regarding water, the Chamber found a pump failure occurred in January 2026 but emergency measures were adopted (water trucks, coordination with fire department and water utility), thus dismissing a health rights violation. On overcrowding, the unit housed 267 persons with a capacity of 326, so no overoccupancy was proven. As to insects, the Chamber confirmed the presence of bed bugs (cimex lectularius) based on a prior amparo (case no. 25-031645-0007-CO) which had already ordered corrective measures, and a health order from the Ministry of Health had been complied with by the time this appeal was filed. However, since the detainee remained in the facility until January 21, 2026, the Chamber partially granted the appeal solely regarding the bed bug infestation for indemnification purposes, and denied the rest. The ruling includes dissenting and separate opinions on whether to award costs and damages under Article 52 of the Constitutional Jurisdiction Law when the violation has already been remedied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374089.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374089", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374089" }, { "id": "nexus-sen-1-0007-1374100", "citation": "Res. 09020-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to potable water in Pirrís community of Parrita", "title_es": "Acceso al agua potable en comunidad Pirrís de Parrita", "summary_en": "The Constitutional Chamber heard an amparo action filed by a resident of Pirrís, Parrita, due to the lack of access to potable water, a problem lasting over thirty years. The community was not covered by the Costa Rican Institute of Aqueducts and Sewers (ICAA) or the ASADA of Valle Vasconia, relying on an untreated spring and an abandoned well. A health authority inspection confirmed the water was not potable and issued a sanitary order against ICAA to present an immediate action plan and definitive solutions within twelve months. The Chamber partially granted the appeal only against ICAA, ordering compliance with the sanitary order within the set deadlines. The appeal against the ASADA and the Health Area was dismissed, though the latter was urged to monitor compliance. ICAA was ordered to pay costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374100.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374100", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374100" }, { "id": "nexus-sen-1-0007-1374111", "citation": "Res. 09981-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must repair storm drainage in La Pradera", "title_es": "Municipalidad debe reparar alcantarillado pluvial en La Pradera", "summary_en": "The Constitutional Chamber reviews an amparo filed by the president of the La Pradera Development Association against the Municipality of Alajuela and CONAVI, concerning the poor condition of the storm drainage system and streets in the La Pradera Urbanization, Guácima. Claimants argue that lack of maintenance causes flooding, erosion, garbage accumulation, and landslide risk, threatening residents' physical integrity. The Chamber dismisses the claim against CONAVI because the roads are cantonal, outside CONAVI's jurisdiction. Regarding the Municipality, the Chamber grants the amparo, finding it liable for storm drainage construction/maintenance and noting it failed to comply with CNE's technical report recommendations. It orders the Municipality to, within three months, take necessary actions to fully resolve the storm drainage and garbage issue, and within six months to complete repairs making the street passable, per CNE report CNE-UIAR-INF-1541-2024. Judge Garro Vargas dissents, arguing the case belongs in contentious-administrative jurisdiction for lack of imminent risk.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374111.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374111", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374111" }, { "id": "nexus-sen-1-0007-1374115", "citation": "Res. 10057-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Expand garbage collection to Cacao, Nandayure", "title_es": "Amplíese recolección de basura en Cacao de Nandayure", "summary_en": "The Constitutional Chamber grants protection to a resident of the community of Cacao, district of Santa Rita, canton of Nandayure, due to the complete lack of solid waste collection services in his locality, even though the Municipality provides it partially in the district. Although the municipality argued operational and budgetary limitations, as well as prioritization of other districts based on a report from the Comptroller General of the Republic, the Court reiterated its jurisprudence that users should not bear the deficiencies of the Administration and that the omission affects the rights to health and a healthy and ecologically balanced environment (articles 50 and 169 of the Political Constitution). The Court found that the service is provided in the district of Santa Rita but had not been extended to Cacao, and that at the time of filing the appeal there was no concrete solution to the reported problem. Consequently, it declares the amparo petition with merit and orders the Municipality to expand the garbage collection service to that community within one month, under warning of the sanctions provided in Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": null, "topic_ids": [], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374115.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374115", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374115" }, { "id": "nexus-sen-1-0007-1374120", "citation": "Res. 10241-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Liberia Civic Festivities and Protection of Historical Heritage", "title_es": "Fiestas Cívicas de Liberia y protección del patrimonio histórico", "summary_en": "The Constitutional Chamber dismisses an amparo action filed by the owner of a property declared architectural historical heritage in Liberia. The plaintiff sought precautionary measures against the Municipality of Liberia for the celebration of the 2026 Civic Festivities, particularly the 'topes de toros,' alleging risk of irreparable damage to the heritage properties. The Chamber finds that the protection of these properties primarily falls to the Ministry of Culture and Youth through the Cultural Heritage Research and Conservation Center, pursuant to Law 7555 and its regulations. Additionally, the municipality complied with the cordoning-off measures ordered by the Chamber, and no evidence was provided that the plaintiff had exhausted prior administrative remedies. Since the challenged activities had already occurred by the time of the ruling, the amparo is dismissed.", "primary_topic_id": null, "topic_ids": [], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374120.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374120", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374120" }, { "id": "nexus-sen-1-0007-1374553", "citation": "Res. 10887-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on municipal park neglect and limits of constitutional jurisdiction", "title_es": "Amparo sobre abandono de parque municipal y límites de la jurisdicción constitucional", "summary_en": "The Constitutional Chamber denied an amparo relief filed by the president of the Cartagena District Council against the Municipality of Santa Cruz. The petitioner alleged abandonment of the Cartagena Park and failure to execute a remodeling project, violating rights to a healthy environment, recreation, sports, and accessibility. The Chamber found the claims generic and not demonstrating concrete harm to identified vulnerable persons or imminent risk. It held that park maintenance and infrastructure project execution are not, as a rule, matters for amparo but for the administrative contentious jurisdiction. Moreover, the bidding for the remodeling was declared unsuccessful in 2023, and the project was not reformulated by the district council under the new public procurement procedures, thus lacking current feasibility studies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374553.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374553", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374553" }, { "id": "nexus-sen-1-0007-1374554", "citation": "Res. 10888-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Addition and clarification denied in amparo over culvert in Playa Hermosa", "title_es": "Adición y aclaración denegadas en amparo sobre alcantarilla en Playa Hermosa", "summary_en": "The Constitutional Chamber denied a request for addition and clarification filed by the petitioner against ruling 2026-010013, which had dismissed an amparo action concerning the removal of a culvert in Playa Hermosa, Garabito. The petitioner claimed the Chamber failed to address that the contentious-administrative court’s judgment ordering protection of the Pochotal Lagoon was not final, and that her property lies outside the wetland boundaries per Executive Decree 34507-MINAE. The Chamber rejected these arguments, holding that it lacks jurisdiction to rule on the enforcement or finality of judgments from other courts, as per Article 153 of the Constitution. It further noted that no appeal lies against its decisions under Article 12 of the Constitutional Jurisdiction Law, and that the original ruling was clear and lacked ambiguity. Thus, the request was deemed inadmissible.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "water-law" ], "date": "27/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374554.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374554", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374554" }, { "id": "nexus-sen-1-0007-1374568", "citation": "Res. 10905-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "State delay in addressing sanitation and blackwater issues at Finca San Juan housing project in Pavas", "title_es": "Demora estatal en resolver saneamiento y aguas negras en proyecto habitacional Finca San Juan de Pavas", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by the Social Management Commission (CONAGES) on behalf of residents of the Finca San Juan project in Rincón Grande de Pavas. The petitioners claimed that nearly 30 years after the project was developed by INVU and IMAS, severe basic infrastructure deficiencies persist, including the lack of a sanitary sewer system and constant exposure to raw sewage, posing health and environmental risks. The Chamber found that despite approved financial resources (¢800 million from MIVAH and a community bond from BANHVI) and numerous inter-institutional working groups, the sewage collection and treatment works have not been executed. The ruling partially grants the amparo, ordering INVU, ICAA, and the Municipality of San José to create an inter-institutional commission within five days and to design a plan to address the problem within one month, under warning of contempt. The claim against IMAS was dismissed for lack of omission on its part, and generic complaints about maintenance and evictions were also rejected.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "27/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374568.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374568", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374568" }, { "id": "nexus-sen-1-0007-1374570", "citation": "Res. 10907-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Santiago Jara Park — remodeling does not violate right to healthy environment", "title_es": "Parque Santiago Jara — remodelación no vulnera ambiente sano", "summary_en": "The Constitutional Chamber dismissed the amparo action against the Municipality of Goicoechea regarding the remodeling of Santiago Jara Park in Guadalupe. The plaintiff claimed violations of access to information, historical-architectural heritage, and the right to a healthy environment, arguing that the project would remove trees, green areas, and heritage elements without technical justification. The Chamber found no violation of Article 50 of the Constitution, relying on the municipality’s sworn report that showed: the kiosk has not been declared heritage; the design preserves 2,650 m² of functional green areas, reorganized to improve accessibility and landscape continuity; the removal of two trees with structural and phytosanitary deterioration was authorized due to safety risk, with compensatory planting of five native trees per main branch removed. Additionally, the plaintiff did not formally file complaints with the municipality. The ruling reaffirms that the administration acted based on technical criteria and within legality, without affecting fundamental rights.", "primary_topic_id": null, "topic_ids": [], "date": "27/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374570.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374570", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374570" }, { "id": "nexus-sen-1-0007-1374577", "citation": "Res. 10916-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied regarding contamination on municipal vacant lot when administration has intervened", "title_es": "Inadmisibilidad de amparo por contaminación en lote baldío municipal cuando hay intervención administrativa", "summary_en": "The Constitutional Chamber denies an amparo filed by a neighbor against the Municipality of Alajuelita regarding an unkempt municipal lot that has become a hotspot for unsanitary conditions, insecurity, and health risks. The claimant alleged illegal dumping, burning, homeless occupation, and drug sales, endangering his home and health. The municipality demonstrated having cleaned the site multiple times since 2024, most recently in January 2026, as well as police inspections and a solid waste regulation allowing sanctions against dumpers. The Court found no administrative inaction because the local government responded to complaints and acted reasonably within its powers. It also noted the claimant did not individualize his petitions or report health issues to the Ministry of Health, and security concerns belong in criminal courts. A concurring judge clarified that in environmental cases, once the administration has acted, the proper venue is administrative litigation, but he addressed the merits due to the direct impact on health and a healthy environment.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "27/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374577.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374577", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374577" }, { "id": "nexus-sen-1-0007-1374596", "citation": "Res. 10943-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Consolidation of amparo regarding El Maderal Farm for potential environmental harm", "title_es": "Acumulación de amparo sobre Finca El Maderal por posible daño ambiental", "summary_en": "The Constitutional Chamber consolidates a new amparo petition with an earlier one challenging tree felling and the proposed use of El Maderal Farm for a Recyclable Waste Recovery Center. The appellant argues that the Municipality of San José, as owner, has advanced administrative actions and could carry out material interventions without yet having environmental viability (SETENA) or the delimitation of water protection areas by the MINAE Water Directorate. The petitioner invokes a violation of Article 50 of the Constitution, the precautionary principle, and technical uncertainty regarding water bodies during the dry season. The Chamber does not rule on the merits, but orders consolidation to avoid contradictory rulings.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "27/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374596.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374596", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374596" }, { "id": "nexus-sen-1-0007-1374697", "citation": "Res. 11078-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for SETENA's failure to respond on Aczarrí environmental management", "title_es": "Amparo por falta de respuesta de SETENA sobre gestión ambiental de Aczarrí", "summary_en": "The Constitutional Chamber granted an amparo appeal against the National Environmental Technical Secretariat (SETENA). On November 3, 2025, the petitioner requested information about compliance with the conditions set in resolution No. 1912-2021-SETENA for the Aczarrí Environmental Technology Park, including the update of the Environmental Management Plan and quarterly Environmental Responsibility Reports. Although SETENA requested an extension, by the time the appeal was filed —February 23, 2026— no response had been given. During the proceedings, SETENA issued and served its response on March 16, 2026. The majority of the Chamber upheld the appeal without awarding costs, damages, or losses, finding that the claim had been satisfied and did not involve a right of a clearly patrimonial nature. Judges Salazar and Garro issued partial dissents regarding the award of damages and costs, respectively.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "27/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1374697.json", "html_url": "/legal/doc/nexus-sen-1-0007-1374697", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1374697" }, { "id": "nexus-sen-1-0007-1375011", "citation": "Res. 09949-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with order to provide drinking water to Corredores communities", "title_es": "Incumplimiento de orden de dotación de agua potable a comunidades de Corredores", "summary_en": "The Constitutional Chamber resolves a non-compliance proceeding filed by residents of Coto 44, Central Campesina, and Los Castaños in Corredores, Puntarenas, against the Costa Rican Institute of Aqueducts and Sewers (AyA) and the Municipality of Corredores. The petitioners claimed that judgment 2020012887 of 2020, ordering the provision of drinking water within twelve months, had not been complied with. The Chamber partially grants the motion: it dismisses the claim regarding water delivery by tanker trucks, since it was proven that this occurs twice a week (Thursdays and Sundays); but it upholds the claim for Coto 44 and Central Campesina, as the definitive project (improvement of the BR-A-13 system) remains incomplete, with designs and permits expected by late 2026, bidding in 2027, and execution in 2028. It also upholds the claim for Los Castaños: neither has drinking water been provided nor any relocation carried out, despite the expired deadline. The orders are reiterated under warning of opening an administrative proceeding or referring the matter to the Public Prosecutor's Office for disobedience.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375011.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375011", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375011" }, { "id": "nexus-sen-1-0007-1375021", "citation": "Res. 09973-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative inaction in fuel tank oversight does not violate rights when inspections and permits are shown", "title_es": "Inactividad administrativa en fiscalización de tanques de combustible no vulnera derechos si se acreditan inspecciones y permisos", "summary_en": "The Constitutional Chamber dismissed an amparo action filed by Plantación Las Panteras S.A. against the Ministry of Health and the Ministry of Environment and Energy for alleged violations of property rights, health, a healthy environment, prompt justice, and the right to petition. The petitioner claimed authorities tolerated irregular fuel tank operations on its property by Bloques Pedregal S.A. based on false sworn statements and without consent. The Chamber found the diesel tank had been removed since December 2024, the LPG tank had a valid MINAE authorization, and the Ministry of Health granted the sanitary permit after verifying technical requirements. It held that disputes over lack of owner consent and alleged false statements are matters of ordinary and criminal legality, not constitutional jurisdiction. It concluded authorities responded to complaints, conducted inspections, and issued decisions, so there was no harmful administrative inaction against fundamental rights.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375021.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375021", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375021" }, { "id": "nexus-sen-1-0007-1375022", "citation": "Res. 09974-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Visitor capacity and participation in Corcovado National Park reservations", "title_es": "Aforo y participación en reservaciones del Parque Nacional Corcovado", "summary_en": "The Constitutional Chamber reviews an amparo filed by a tour guide against MINAE, challenging resolutions SINAC-ACOSA-D-R-085-2025 and 086-2025 that regulated visitor capacity and reservations in Corcovado National Park. The claimant alleged lack of public consultation, absence of an official carrying capacity methodology from SINAC, and deficiencies in reasoning and notification. The Chamber denies the amparo, largely referring to prior rulings (2025-034702 and 2025-036712) that endorsed the technical approach and clarified that the administrative acts are preliminary inputs in a data-gathering process, not final acts. Claims regarding normative clarity and justification are deemed matters of ordinary legality, not constitutional review. Justice Salazar adds concurring reasons, stating that once the Administration has intervened, review belongs to the contentious-administrative jurisdiction, not amparo. Justices Cruz Castro and Rueda Leal dissent on the citizen participation claim, arguing that this fundamental right is indeed enforceable via constitutional amparo.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375022.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375022", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375022" }, { "id": "nexus-sen-1-0007-1375035", "citation": "Res. 10009-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of potable water due to technical infeasibility in vulnerable aquifer", "title_es": "Denegatoria de agua potable por inviabilidad técnica en acuífero vulnerable", "summary_en": "The Constitutional Chamber rejects an amparo action filed by a corporation against the Costa Rican Institute of Aqueducts and Sewers (AyA) and the ASADA Buenos Aires Sur, finding that the denial of potable water service for three properties was not arbitrary. The properties lie within the coverage area of the system directly operated by AyA and in an area with a highly contamination-vulnerable aquifer, partly inside the absolute protection zone of the Numancia Well. The Chamber notes that the urban development project of which the lots are part has not complied with the regulatory procedures for integral development, including approval of urban infrastructure and wastewater treatment systems. The ruling reiterates that the right to water is not unlimited and may be denied when objective technical, environmental, and legal grounds exist, without violating fundamental rights.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375035.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375035", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375035" }, { "id": "nexus-sen-1-0007-1375037", "citation": "Res. 10013-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Culvert removal to restore wetland does not violate fundamental rights", "title_es": "Eliminación de alcantarilla para recuperar humedal no vulnera derechos fundamentales", "summary_en": "The Constitutional Chamber dismissed the amparo filed by Hermosa Cocodrilo S.A. against the Municipality of Garabito and the MOPT for the removal of a stormwater culvert in Playa Hermosa de Jacó. The company alleged that the blockage created an imminent risk of flooding, but the Chamber held that the municipality's action complied with a contentious-administrative court ruling ordering protection of the Laguna Pochotal ecosystem. Moreover, no direct harm to the applicant's property was shown, as no buildings exist on the lot. One magistrate dissented, rejecting the amparo outright on grounds that legal persons do not hold fundamental rights under the Inter-American Court's Advisory Opinion OC-22/16.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "water-law" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375037.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375037", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375037" }, { "id": "nexus-sen-1-0007-1375066", "citation": "Res. 10102-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of clarification on access to municipal environmental information", "title_es": "Rechazo de aclaración sobre acceso a información ambiental municipal", "summary_en": "The Constitutional Chamber denies a request to clarify and supplement a previous judgment (No. 2026009182) that had already dismissed an amparo appeal against the Municipality of Nicoya. The appellant alleged a comprehensive violation of the right to access public information, citizen participation, and environmental protection, because the unapproved minutes of the Municipal Council were not provided. The Chamber reiterates that the authority did respond, that unapproved minutes lack legal certainty and are provisional, and that the right to petition does not imply a right to obtain what is requested. The request is considered an expression of disagreement with the ruling, not a genuine request for clarification or addition, and is therefore rejected.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375066.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375066", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375066" }, { "id": "nexus-sen-1-0007-1375091", "citation": "Res. 10164-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Cancellation of hearing with interpreter in environmental complaint does not violate fundamental rights", "title_es": "Cancelación de comparecencia con traductor en denuncia ambiental no vulnera derechos fundamentales", "summary_en": "The Constitutional Chamber dismisses a writ of amparo filed by a complainant in an environmental case against the Municipality of Alajuela for an alleged violation of the Wildlife Conservation Law. The complainant challenged the cancellation of her scheduled hearing with an interpreter, arguing that the Prosecutor's Office cited the cost of the service and reassignment of the case. The Chamber holds that claims regarding delays in the investigative stage of a criminal prosecution are matters of ordinary legality and do not fall within the constitutional jurisdiction. It notes that legal mechanisms exist, such as urging prompt dispatch or filing a complaint for delay of justice, under Article 171 of the Criminal Procedure Code. It is established that the cancellation was due to a redistribution of workloads, resulting in the newly assigned prosecutor receiving 134 new cases, on top of an existing docket of 481. The decision reaffirms the view that claims over the reasonable duration of the preparatory proceeding must be brought before the corresponding bodies.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "wildlife-law-7317" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375091.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375091", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375091" }, { "id": "nexus-sen-1-0007-1375170", "citation": "Res. 10570-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Compliance with Sanitary Orders for Spills in the López River", "title_es": "Cumplimiento de órdenes sanitarias por vertidos en el río López", "summary_en": "The Constitutional Chamber rejects a petition for non‑compliance with Judgment 2023‑019534, which had ordered the Ministry of Health (Palmares Health Area) to issue sanitary orders for wastewater spills into the López River and the Municipality of Palmares to coordinate prevention and follow‑up actions. The petitioner argued that pollution continued and measures were ineffective. However, the Chamber verifies that the Health Area issued the orders in August 2023, conducted inspections, imposed fines for non‑compliance, and followed up until December 2025. The Municipality participated in joint inspections, carried out dye‑tracing tests, and prepared technical reports, forwarding findings to the competent authorities. The tribunal holds that there was no disobedience or inactivity, since the authorities fulfilled the ordered actions within their respective powers. Technical complexity and the progressive nature of the actions do not amount to contempt.", "primary_topic_id": null, "topic_ids": [], "date": "24/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375170.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375170", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375170" }, { "id": "nexus-sen-1-0007-1375222", "citation": "Res. 10623-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for lack of response to hydrogeological study by AyA", "title_es": "Rechazo de amparo por falta de respuesta del AyA a estudio hidrogeológico", "summary_en": "The Constitutional Chamber dismissed an amparo action filed against the Costa Rican Institute of Aqueducts and Sewers (AyA) because the petitioner failed to comply with a preliminary order to submit copies of his prior requests and their proof of receipt, which was essential to demonstrate the claimed omission. The petitioner had requested that AyA respond regarding the environmental assessment of a hydrogeological study conducted in his locality to determine the feasibility of potable water supply. Faced with AyA's silence, he filed for amparo. However, the Chamber ordered him to provide evidence of his requests within three days, and when he did not, it applied Article 42 of the Constitutional Jurisdiction Law, which authorizes outright dismissal when procedural defects are not corrected. The ruling does not address the substantive environmental issue or AyA's duty to respond, merely declaring the action inadmissible due to procedural non-compliance.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "24/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375222.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375222", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375222" }, { "id": "nexus-sen-1-0007-1375229", "citation": "Res. 10631-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo inadmissible for challenging closure of noise pollution complaint", "title_es": "Inadmisibilidad de amparo por disconformidad con archivo de denuncia de contaminación sónica", "summary_en": "The Constitutional Chamber summarily rejects an amparo action filed against the Ministry of Health, challenging the closure of a noise pollution complaint. The petitioner alleged that an auto repair shop in San Juan de San Ramón generated excessive noise and encroached on the right-of-way of route 276, but the authority had archived the complaint. The Chamber holds that amparo is not the proper mechanism to review the legality or correctness of administrative decisions, as it is neither a legality controller nor an additional administrative instance. The dispute involves ordinary legality and does not directly implicate any fundamental right; it must be resolved through ordinary jurisdiction or the Administration itself. The appeal is declared inadmissible, reiterating that the Constitutional Court does not mediate to grant private claims against third parties.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "24/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375229.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375229", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375229" }, { "id": "nexus-sen-1-0007-1375404", "citation": "Res. 10822-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of SENARA response must be filed in administrative court", "title_es": "Amparo por falta de respuesta de SENARA debe tramitarse en vía contenciosa", "summary_en": "The Constitutional Chamber flatly rejects an amparo petition filed against the National Groundwater, Irrigation and Drainage Service (SENARA) for allegedly failing to respond to a request for a water feasibility report. The petitioner invoked the right of petition and access to information, but the Chamber finds that the alleged delay constitutes a potential violation of the right to prompt and complete administrative justice (article 41 of the Constitution), not a direct infringement of the rights of petition or access to information. Since the entry into force of the Contentious Administrative Procedure Code (Law No. 8508), the administrative court provides an expedited and adequate forum for resolving claims of administrative delay. Justice Cruz Castro dissents, arguing that administrative delay does impair a fundamental procedural guarantee that should be protected by the Constitutional Chamber.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "24/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375404.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375404", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375404" }, { "id": "nexus-sen-1-0007-1375415", "citation": "Res. 10833-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo against bar for noise", "title_es": "Rechazo de amparo contra bar por ruido", "summary_en": "The Constitutional Chamber declares inadmissible the amparo filed by a neighbor against two commercial establishments ('Bar Mi Oficina' and 'Sala de Baile Mi Oficina') in Cañas for alleged noise pollution. The complainant argued that noise levels exceeded those permitted by the Environmental Noise Control Regulations, harming residents' health and rest, and that the Ministry of Health had verified the violation. However, the Chamber finds that the appeal does not meet the admissibility requirements of Article 57 of the Constitutional Jurisdiction Law, as it is directed against private parties who are not in a position of power that justifies amparo relief. Furthermore, the complainant neither filed against the Ministry of Health nor notified it of the non-compliance, so the matter must be pursued through ordinary legal channels.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "24/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375415.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375415", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375415" }, { "id": "nexus-sen-1-0007-1375448", "citation": "Res. 10924-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Elderly adult at risk due to lack of ford on cantonal road", "title_es": "Adulto mayor en riesgo por falta de vado en ruta cantonal", "summary_en": "The Constitutional Chamber grants an amparo filed by a 101-year-old elderly adult residing in El Socorro de Piedades Sur, San Ramón, who argued that the lack of a bridge or ford over a river on the road to Zapotal seriously endangered his life and physical integrity and that of his wife, both in a vulnerable condition due to their advanced age, by preventing access of ambulances and emergency services to their home. The Court verified that the Municipality of San Ramón had not carried out any work to solve the problem, despite previous promises and having identified the need, merely evaluating possible solutions without concrete definition. It was established that the road is cantonal (code 2-02-008), lacks a crossing structure over the river, and is in poor condition. The Court orders the Municipality to immediately implement drainage improvements and road repair, and within a maximum of twelve months to build a ford as an alternative structure to guarantee the passage of residents and vehicles. The Municipality is condemned to pay costs, damages and losses. National authorities (MOPT and CNE) were exempted from liability. Separate notes on jurisdiction and a partial dissenting vote on the enforcement phase were issued.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375448.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375448", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375448" }, { "id": "nexus-sen-1-0007-1375498", "citation": "Res. 07067-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience for Failure to Provide Environmental Report in Montes de Oca", "title_es": "Desobediencia por falta de informe ambiental en Montes de Oca", "summary_en": "The Constitutional Chamber denies the compliance motion filed by the Municipality of Montes de Oca and grants the disobedience motion against the CNE. The petitioner alleged non-compliance with prior ruling 2025017905, which ordered delivery of a specific report requested in June and November 2024 and resolution of a June 2024 petition. The Municipality claimed compliance by sending multiple documents, but the Chamber finds it failed to prove delivery of the specific report; the petitioner confirmed non-receipt. Regarding the CNE, although an inspection was conducted, it did not definitively resolve the petition nor notify the petitioner. The Chamber reiterates the orders to both authorities, warning of potential criminal consequences for disobedience.", "primary_topic_id": null, "topic_ids": [], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375498.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375498", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375498" }, { "id": "nexus-sen-1-0007-1375504", "citation": "Res. 07075-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "AyA's failure to oversee illegal well of ASADA San Isidro de Cóbano", "title_es": "Omisión de fiscalización del AyA sobre pozo ilegal de ASADA San Isidro de Cóbano", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Costa Rican Institute of Aqueducts and Sewers (AyA) for its alleged failure to oversee irregularities in water resource management by the San Isidro de Cóbano ASADA. The petitioner reported that the ASADA was operating an unauthorized well ('Well No. 4') without a concession from the Water Directorate and that AyA, despite knowing about it since January 2024, had not initiated an audit or taken effective corrective measures. The Chamber found that although the complaint was sent to unofficial email addresses, officials received and processed it: they responded in detail on January 27, 2025, conducted an administrative and financial oversight visit in May 2025, and processed the registration of a replacement well with the Water Directorate. The Chamber concluded there was no violation of the petitioner's fundamental rights, as AyA did address the complaint and took concrete actions. The petitioner's dissatisfaction with the actions is a matter of legality to be pursued through ordinary channels.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "water-law" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375504.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375504", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375504" }, { "id": "nexus-sen-1-0007-1375509", "citation": "Res. 07080-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Institutional failure to assess wastewater discharges into the Puntarenas Estuary", "title_es": "Omisión institucional en evaluación de vertidos al Estero de Puntarenas", "summary_en": "The Constitutional Chamber reviewed a writ of amparo against several institutions for pollution of the Puntarenas Estuary caused by untreated domestic wastewater discharged from the sewer system managed by AyA. The petitioner argued that the Ministry of Health had known of the situation since 2008 without issuing sanitary orders to AyA, focusing only on the Municipal Market. The Chamber partially granted the amparo, only against SINAC and SETENA. Regarding SINAC, it found that it had not conducted a specific assessment of the discharges into the Puntarenas Estuary Wetland and associated mangroves, violating its environmental protection duty. As for SETENA, its failure to technically assess potential risks and define preventive measures was deemed insufficient under the constitutional standard of prevention. Both institutions were ordered to carry out comprehensive technical evaluations within six months. The Chamber referred the petitioner to previous rulings against the Ministry of Health, the Municipality of Puntarenas, and AyA on the same issue.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "environmental-law-7554" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375509.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375509", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375509" }, { "id": "nexus-sen-1-0007-1375516", "citation": "Res. 07088-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of amparo pending constitutional challenge to Decree 43898", "title_es": "Suspensión de amparo por acción de inconstitucionalidad contra Decreto 43898", "summary_en": "The Constitutional Chamber suspends proceedings on an amparo writ filed by the president of the ASADA of Barrio Carit in Puriscal against the Municipality of Puriscal, concerning the improvement of the El Cirrí road (1-04-002) within a spring recharge area, without hydrogeological studies or SETENA environmental viability. The municipality relied on Executive Decree 43898 (Regulation on Environmental Assessment, Control and Monitoring), which classifies such works as very low environmental impact and exempts them from EIA. The Chamber notes that several articles and Annex 2 of that decree are challenged in constitutional action no. 23-022240-0007-CO. Under article 48 of the Constitutional Jurisdiction Act, it suspends the amparo proceedings until that action is decided. The precautionary measure ordered (to avoid contamination of the springs) remains in effect as issued.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375516.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375516", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375516" }, { "id": "nexus-sen-1-0007-1375523", "citation": "Res. 07096-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Consolidation of amparo actions concerning a pig farm operation", "title_es": "Acumulación de amparos por operación de granja porcina", "summary_en": "The Constitutional Chamber receives two amparo actions filed by residents of San Isidro de Peñas Blancas de San Ramón against several authorities, alleging that a nearby pig farm generates odors, flies, contamination of a stream, and encroachment on its protection zone. The claimants argue that the Municipality of San Ramón and the District Municipal Council allow the activity without proper permits, that SINAC found structures within the water setback area, that the Ministry of Health identified sanitary deficiencies, and that SENASA issued a new veterinary certificate without environmental assessment. They request annulment of permits, demolition of structures, and a precautionary closure measure. The Chamber verifies that the same facts, parties, and claims are pending in another case file (25-035055-0007-CO); therefore, to avoid contradictory judgments, it orders the consolidation of the latter case with the former, without deciding the merits of the dispute.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375523.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375523", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375523" }, { "id": "nexus-sen-1-0007-1375538", "citation": "Res. 07111-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on relocation and prison conditions in a high-containment unit", "title_es": "Amparo sobre reubicación y condiciones de reclusión en ámbito de alta contención", "summary_en": "The Constitutional Chamber hears an amparo action filed by a sentenced inmate held in the high-containment unit of the Jorge Arturo Montero Castro prison. The petitioner claims degrading living conditions, severe health deterioration, lack of medical care, and delay in an integral evaluation. The Chamber orders a health inspection, which confirms adequate physical-sanitary conditions and verifies that the petitioner has received regular medical attention, including psychiatric care. It rules that there is no proven danger to physical integrity warranting judicial intervention in prison placement, since execution judges hold jurisdiction over inmate transfers. The amparo is denied, without prejudice to execution court and habeas corpus remedies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375538.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375538", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375538" }, { "id": "nexus-sen-1-0007-1375544", "citation": "Res. 07117-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Real Estate Registry for failure to respond to information request on lands affected by Limón earthquake", "title_es": "Amparo contra Registro Inmobiliario por falta de respuesta a solicitud de información sobre terrenos afectados por terremoto de Limón", "summary_en": "The Constitutional Chamber hears an amparo appeal against the National Registry of Property, filed by a member of the Afro-descendant community of Limón. The petitioner claims that on November 15, 2025, he requested information on Executive Decree No. 21487 —which declared land gained from the sea after the 1991 earthquake as part of the Maritime-Terrestrial Zone— including whether the Afro-descendant population had been consulted beforehand under ILO Convention 169, and a list of registered owners of the affected properties. He received no response within the ten business days established by law. The responding authority denies having received the initial request, but the Chamber finds that on December 9, 2025, the Real Estate Registry's secretary informed the petitioner that his case was under review under internal number 9352-2025, contradicting the claimed lack of receipt. Since no formal response was given within the statutory period, the Chamber grants the appeal for violation of the right of petition and prompt response (Article 27 of the Political Constitution), orders delivery of the requested information — excluding personal or sensitive data — and imposes costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375544.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375544", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375544" }, { "id": "nexus-sen-1-0007-1375558", "citation": "Res. 07132-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "AyA and ASADA must coordinate studies to guarantee water in Valle Verde", "title_es": "AyA y ASADA deben coordinar estudios para garantizar agua en Valle Verde", "summary_en": "The Constitutional Chamber reviewed an amparo filed by the owner of a property in Valle Verde, Guápiles, who claimed a violation of his fundamental rights due to the refusal of the Costa Rican Institute of Aqueducts and Sewers (AyA) and the Buenos Aires Sur ASADA to grant potable water availability, as well as discriminatory treatment compared to 40 other families in the southern sector. The Court held that while no discrimination was proven—given technical and legal differences between the sectors—the principle of proper functioning of public services and the right to potable water were violated. The Chamber found that despite years of requests, neither AyA nor the ASADA had carried out the required feasibility studies, merely citing technical and environmental obstacles without proposing solutions. Therefore, it partially granted the petition, ordering both entities to coordinate and complete—within set timeframes—the necessary hydrological, hydraulic, and environmental studies to determine supply viability, issue a substantiated technical resolution, and, where appropriate, establish a roadmap to guarantee safe and permanent access to potable water.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375558.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375558", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375558" }, { "id": "nexus-sen-1-0007-1375579", "citation": "Res. 07155-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo appeal on revocation of license and sanitary permit for environmental harm", "title_es": "Recurso de amparo sobre revocación de patente y permiso sanitario por afectación ambiental", "summary_en": "The Constitutional Chamber dismissed the amparo appeal filed against the Municipality of Naranjo and the Ministry of Health. The appellant sought the revocation of the municipal license and sanitary operating permit of a neighboring mechanical workshop, claiming that its activities (noise, paint and diesel odors, waste accumulation) harmed his health and the environment in a residential area. The Chamber held that the issue was not the authorities' failure to address complaints—they had conducted inspections, issued sanitary orders, closure warnings, and noise measurements—but rather the legality of the administrative acts keeping the license and permit in force. Such a dispute, the court stated, belongs to ordinary administrative or judicial proceedings, not to the amparo remedy, which does not serve as a legality review mechanism. The appeal was therefore dismissed.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375579.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375579", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375579" }, { "id": "nexus-sen-1-0007-1375615", "citation": "Res. 07194-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Interinstitutional Coordination for Water Infiltration Threatening Safety and Health", "title_es": "Coordinación interinstitucional ante filtración de aguas que amenaza seguridad y salud", "summary_en": "The Constitutional Chamber reviewed an amparo action concerning rainwater infiltration in a home, where water emerged from electrical outlets during rain, endangering the occupants. The Municipality of Montes de Oca inspected the property and referred the case to the Health Area, but failed to follow up on identified urbanistic irregularities. The Ministry of Health took over four months to conduct a second inspection and had yet to issue necessary sanitary orders, also showing internal lack of coordination. The Chamber found that both entities violated the fundamental rights to health, life, and a healthy environment, and ordered them to resolve the complaint within two months, under warning of imprisonment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375615.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375615", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375615" }, { "id": "nexus-sen-1-0007-1375746", "citation": "Res. 07331-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to municipal environmental complaint file", "title_es": "Acceso a expediente de denuncia ambiental municipal", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Nicoya for failing to respond to an information request regarding an environmental complaint. The petitioner claimed that after receiving an email from the Environmental Management Department stating that information could be requested via that channel, he sent a formal request but received no reply. The municipality argued that the email used was not official and that requests should be made through the institutional platform. However, the Chamber found that the official had expressly enabled that channel, obligating the administration to respond. The amparo was granted, ordering delivery of the information within ten days, with costs and a warning of disobedience.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375746.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375746", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375746" }, { "id": "nexus-sen-1-0007-1375760", "citation": "Res. 07345-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prison transfer and water: amparo with orders to prison and hospital", "title_es": "Traslado y agua: amparo penitenciario con órdenes al centro penal y hospital", "summary_en": "The Constitutional Chamber decides an amparo filed by a prisoner at CAI Jorge Arturo Montero Castro, claiming: (a) denial of transfer to another prison for family proximity; (b) sleeping on the floor; (c) insufficient potable water for over five months; (d) lack of timely ophthalmological care at Hospital San Rafael de Alajuela. The Chamber holds: (a) the transfer request falls within the jurisdiction of the sentence enforcement judge, not amparo; (b) evidence shows the inmate has a sleeping mat, so the floor-sleeping claim is unproven; (c) the water issue was already settled in ruling No. 2026005391, which ordered compliance with a health order from the Ministry of Health; (d) the rescheduling of the ophthalmology appointment to more than four months later, despite the inmate arriving on time, violates the right to health. The amparo is partially granted only as to the medical appointment, with orders to ensure the appointment is carried out and the inmate is transported punctually.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375760.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375760", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375760" }, { "id": "nexus-sen-1-0007-1375807", "citation": "Res. 07392-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to railway information and criminal proceedings", "title_es": "Acceso a información ferroviaria y proceso penal", "summary_en": "The Constitutional Chamber hears an amparo appeal against INCOFER, where the petitioner requested official certification on the existence, nature, and registry status of a railway section. INCOFER responded that the information was linked to criminal proceedings (11-001840-0485-PE and 23-000003-1851-PE) and, therefore, access was restricted under Article 295 of the Criminal Procedure Code. The petitioner reiterated his request, but the Chamber finds that the denial is not arbitrary, as the requested information directly relates to ongoing criminal cases. Based on precedents regarding the reasonable limitation on access to information under criminal investigation, the Chamber denies the appeal, noting that the petitioner may go to the Public Prosecutor's Office or the corresponding court if he requires such information.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375807.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375807", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375807" }, { "id": "nexus-sen-1-0007-1375856", "citation": "Res. 07441-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed against INVU Subdivision Regulation amendment", "title_es": "Rechazo de amparo contra reforma al Reglamento de Fraccionamientos del INVU", "summary_en": "The Constitutional Chamber summarily dismissed an amparo action challenging the amendment to Article 30 of the INVU Subdivision and Urbanization Regulation, published in Official Gazette No. 25 on February 6, 2026. The claimant, invoking broad environmental standing, argued that eliminating the requirement to apply the official land-use capacity methodology and other technical studies reduced environmental protection by allowing subdivisions on Class VII and VIII land without fragility assessments. The Chamber held that the action is inadmissible because it directly challenges a general regulatory provision without any individual application causing concrete harm, pursuant to Article 30(a) of the Constitutional Jurisdiction Law. The decision confirms that amparo is not the proper avenue for abstract review of regulations.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "procedural-environmental", "subdivision-fraccionamiento", "art-50-constitution" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375856.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375856", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375856" }, { "id": "nexus-sen-1-0007-1375903", "citation": "Res. 07490-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal for repetition of amparo on SINIGIRH update", "title_es": "Archivo por reiteración de amparo sobre actualización del SINIGIRH", "summary_en": "The Constitutional Chamber ordered the dismissal of the amparo filed against the Costa Rican Institute of Aqueducts and Sewers and the Ministry of Environment and Energy. The petitioner argued that the schedule for updating the National System of Information for Integrated Water Resource Management (SINIGIRH), ordered in case file 23-024390-0007-CO, excluded municipalities and other operators, unjustifiably extended deadlines, and lacked a systemic vision, thus undermining the protection of water resources. The Chamber held that the claims had already been raised in the previous amparo, rendering the new filing a mere repetition. Consequently, the Court decided to archive the new file and attach the petition and its annexes to the earlier amparo, so that the relevant issues may be resolved there. This is a procedural decision that does not address the merits of the dispute.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375903.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375903", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375903" }, { "id": "nexus-sen-1-0007-1375964", "citation": "Res. 07553-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo for poor condition of public road", "title_es": "Amparo prematuro por mal estado de camino público", "summary_en": "The Constitutional Chamber dismisses outright an amparo filed on behalf of an elderly person with disabilities against the Municipality of Buenos Aires and the company PINDECO S.A. The petitioner claimed that the unpaved road where the protected person lives generates excessive dust affecting his health, mobility, and quality of life, worsened by the transit of heavy vehicles belonging to the company. The Chamber rules the amparo against the municipality inadmissible as premature: the complaint was filed on February 10, 2026, and the amparo on February 17, 2026, without the two-month period established in Article 261 of the General Public Administration Law for resolution having elapsed. Against the private company, the amparo is inadmissible because it does not meet the requirements of Article 57 of the Constitutional Jurisdiction Law, as other legal avenues exist to settle the dispute and the respondent is not in a position of power that prevents resort to ordinary judicial remedies. The Chamber clarifies it cannot act as a processing body for environmental or public health complaints, nor substitute the active Administration.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375964.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375964", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375964" }, { "id": "nexus-sen-1-0007-1375978", "citation": "Res. 07568-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Premature amparo over construction dust at Livin San Joaquín Condominium", "title_es": "Amparo prematuro por polvo de construcción en Condominio Livin San Joaquín", "summary_en": "The Constitutional Chamber flatly rejected an amparo filed by residents of Flores, Heredia, against the Ministry of Environment and Energy, the Ministry of Health, and the Municipality of Flores, concerning environmental pollution (dust and waste) from the construction of the Livin San Joaquín Condominium. The petitioners claimed that since January 2026 they had reported the situation to the authorities without response, affecting their right to health and a healthy environment. The Chamber held that the appeal was premature, as the complaints dated from January 16, 2026, and the amparo was filed on February 18, 2026, without the two-month period established by Article 261 of the General Public Administration Law having elapsed for the authorities to respond. One judge dissented, arguing that given the scale of the problem and the threat to health, the two-month period was not reasonable in this case and the amparo should have been processed to investigate the possible violation of fundamental rights.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1375978.json", "html_url": "/legal/doc/nexus-sen-1-0007-1375978", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1375978" }, { "id": "nexus-sen-1-0007-1376263", "citation": "Res. 07882-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience allegation dismissed — CONAVI resolves road drainage complaint", "title_es": "No ha lugar a gestión de desobediencia — CONAVI resuelve denuncia de drenaje vial", "summary_en": "The Constitutional Chamber dismisses a disobedience complaint filed by the petitioner, who alleged that the National Roads Council (CONAVI) had not complied with Judgment No. 2025-037656. That judgment ordered a definitive resolution of a 2019 complaint regarding impacts from roadway stormwater drainage works. CONAVI demonstrated that, via official communication of February 26, 2026, it issued the definitive resolution, concluding that the drainage infrastructure predated the complaint, functions properly per design, and no causal link to the alleged damages was proven. It further explained that, under the principle of natural drainage easement, once stormwater is captured and channeled to the edge of the right-of-way, CONAVI's authority ends, and the receiving landowner must design and execute any necessary internal works. Since the order was materially complied with, the Chamber dismisses the disobedience action.", "primary_topic_id": null, "topic_ids": [], "date": "04/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1376263.json", "html_url": "/legal/doc/nexus-sen-1-0007-1376263", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1376263" }, { "id": "nexus-sen-1-0007-1376373", "citation": "Res. 07999-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of motion for lack of standing by non-party in environmental amparo", "title_es": "Improcedencia de gestión por falta de legitimación de gestionante no parte en amparo ambiental", "summary_en": "The Constitutional Chamber dismisses a subsequent motion filed in case 20-021786-0007-CO by Mr. Nombre04, who was not a party in the original amparo action. In prior judgment No. 2021002741, the Chamber had partially granted the amparo and ordered measures to mitigate wastewater pollution in the El Cocal settlement, Quepos, including delimitation of the mangrove ecosystem, inter-agency coordination, and a definitive solution within 24 months. However, the current movant, along with other persons he mentions, were not the original petitioners nor formally appeared as parties. Relying on consistent precedent on procedural standing and Article 34 of the Constitutional Jurisdiction Law, the court holds that he lacks standing to request enforcement of that ruling. The motion is dismissed, emphasizing that only parties to an amparo proceeding may allege non-compliance or demand execution of orders, even in environmental matters where diffuse interests do not allow any person to act procedurally without having formally joined the case.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "06/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1376373.json", "html_url": "/legal/doc/nexus-sen-1-0007-1376373", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1376373" }, { "id": "nexus-sen-1-0007-1376375", "citation": "Res. 08001-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of Subjective Extension of Environmental Amparo to Another Canton", "title_es": "Improcedencia de ampliación subjetiva de amparo ambiental a cantón distinto", "summary_en": "The Constitutional Chamber rejects a filing by a petitioner who sought to extend the effects of an environmental amparo ruling issued for the canton of Naranjo to the canton of Alajuela, without having formally joined as a party in the original proceedings. The Chamber reiterates that, although the Constitutional Jurisdiction Law provides broad standing, any intervention must occur within the process before the ruling becomes final. Otherwise, the principles of res judicata and legal certainty would be violated. In this case, the filing raised a new claim and facts not litigated in the original docket, so it is ordered to be separated and treated as an independent amparo, with a new case file and proper processing.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "06/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1376375.json", "html_url": "/legal/doc/nexus-sen-1-0007-1376375", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1376375" }, { "id": "nexus-sen-1-0007-1376376", "citation": "Res. 08003-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non‑compliance with order to resolve La Arboleda park", "title_es": "Incumplimiento de orden de resolver parque La Arboleda", "summary_en": "The Constitutional Chamber addressed a non‑compliance claim filed by residents against the Municipality of Tibás, alleging that the municipality had not fully complied with judgment 2025019603, which ordered, within six months, a definitive solution to water disposal problems and the deteriorated condition of the La Arboleda playground. Municipal reports showed that a gabion retaining wall had been built, surface and groundwater had been channeled, and the first phase of improvements to the sports court, accessibility under Law 7600, and community tree planting had been completed. Yet the Chamber found that supplementary works (urban furniture, painting, a pet area) remained pending and, crucially, the order had not been communicated to the claimants. The Chamber upheld the non‑compliance claim, reiterated the compliance order, and warned that failure to comply could trigger criminal liability for disobedience. It also separated the complaint about unanswered follow‑up letters to be processed as a new case.", "primary_topic_id": null, "topic_ids": [], "date": "06/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1376376.json", "html_url": "/legal/doc/nexus-sen-1-0007-1376376", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1376376" }, { "id": "nexus-sen-1-0007-1376378", "citation": "Res. 08005-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Extension of time in amparo for Pirro River erosion", "title_es": "Ampliación de plazo en amparo por erosión del río Pirro", "summary_en": "The Constitutional Chamber hears a post-judgment request from the Mayor of the Municipality of Heredia and the General Manager of INVU seeking an extension of the deadline set in judgment 2025-024846. In that earlier judgment, the Chamber had granted an amparo petition filed by a property owner affected by erosion from the Pirro River, ordering both institutions to definitively resolve the issue within six months. The requesting authorities detail a series of actions taken to comply, including joint inspections, technical opinions from SINAC and the Ministry of Health, and procurement steps for geotechnical studies. They argue that despite their efforts, full compliance within the original timeframe was not possible due to administrative and technical hurdles. The Chamber finds that the authorities were not arbitrarily negligent and that the reasons are valid, thus granting an additional, non-extendable eight-month extension to fully comply with the original ruling.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "06/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1376378.json", "html_url": "/legal/doc/nexus-sen-1-0007-1376378", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1376378" }, { "id": "nexus-sen-1-0007-1376429", "citation": "Res. 08061-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Drinking water availability and obligation to extend the network", "title_es": "Disponibilidad de agua potable y obligación de extender la red", "summary_en": "The Constitutional Chamber reviews an amparo action against the Costa Rican Institute of Aqueducts and Sewers (AyA) for denying a water availability certificate. The petitioner claims that in the community of Meta Ponto, Coto Brus, there is no distribution network in front of his property, despite there being water supply capacity. AyA conditioned a positive availability on the petitioner paying for and installing a 308-meter distribution line and then donating it to the institution. The Chamber reiterates its case law: a denial is not arbitrary when it stems from a technical impossibility, such as the absence of infrastructure, and it is reasonable for the interested party to bear the costs of extending the network. It finds no violation of fundamental rights and holds that verification of technical and legal requirements falls within the purview of administrative and ordinary remedies. The appeal is dismissed. Two judges dissent and order the proceedings to continue in order to request a report from ARESEP.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "06/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1376429.json", "html_url": "/legal/doc/nexus-sen-1-0007-1376429", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1376429" }, { "id": "nexus-sen-1-0007-1376430", "citation": "Res. 08062-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for noise pollution against bar and omission of authorities", "title_es": "Amparo por contaminación sónica contra bar y omisión de autoridades", "summary_en": "The Constitutional Chamber denied the amparo filed by a Cartago resident against the Ministry of Health and the Municipality of Cartago, alleging inaction in the face of noise pollution from a commercial establishment. The petitioner reported that since 2023, the 'Pragmático' venue, licensed as a restaurant, operated as a bar with live music and karaoke late at night, disturbing rest and health. The Chamber found that the Ministry of Health issued a sanitary order in September 2025 suspending musical activities, and the municipality conducted multiple inspections finding no irregularities. It considered there was no omission, but rather ongoing actions, including review of a noise containment plan. It held that disagreements over the efficacy of measures are matters of ordinary legality, not amparo, thus denying the appeal.", "primary_topic_id": null, "topic_ids": [], "date": "06/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1376430.json", "html_url": "/legal/doc/nexus-sen-1-0007-1376430", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1376430" }, { "id": "nexus-sen-1-0007-1376462", "citation": "Res. 08099-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ministry of Finance's delay in responding to customs audit information request on vehicles", "title_es": "Demora del Ministerio de Hacienda en responder solicitud de información sobre fiscalización aduanera de vehículos", "summary_en": "The Constitutional Chamber reviews an amparo filed by AIVEMA against the Ministry of Finance for failure to respond to a request for information sent in October 2025 regarding customs audit actions on possible deviations in declared values of imported vehicles. The request was formally received on December 3, 2025. The Chamber examines whether items d and e constitute requests for information or mere exhortations, concluding the latter are not protected by the right of petition. As for items a, b, c, and f, a two-month delay in responding is found, with the reply issued on February 3, 2026, after the amparo was notified. The majority grants the appeal partially without awarding costs or damages, applying Article 52 of the Constitutional Jurisdiction Law, finding the violation was remedied during the proceedings without direct financial harm. Several dissenting votes address the standing of legal persons in amparo and the awarding of costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1376462.json", "html_url": "/legal/doc/nexus-sen-1-0007-1376462", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1376462" }, { "id": "nexus-sen-1-0007-1376525", "citation": "Res. 08166-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for omission of authorities regarding automotive paint shop without environmental controls", "title_es": "Amparo por omisión de autoridades ante taller de pintura automotriz sin control ambiental", "summary_en": "The Constitutional Chamber reviews an amparo filed by an employee of a vehicle sales business, who reported that an adjacent automotive paint shop operated without safety or environmental controls, emitting strong odors affecting neighbors' health. The petitioner alleged that the Ministry of Health and the Municipality of Alajuela failed to address her complaints promptly. The Chamber found that the Municipality carried out inspections, notified the shop for lacking a municipal license, and that the Ministry of Health eventually closed the establishment for failing to meet health requirements. It was determined that the authorities did act, and the time between the complaints and the amparo filing was not disproportionate. The appeal is therefore dismissed, as no omission or undue delay was proven. Judge Castillo Víquez notes his position on jurisdiction over administrative petition cases, and Judge Salazar Alvarado explains that he reaches the merits because the right to health and a healthy environment are at stake.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "06/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1376525.json", "html_url": "/legal/doc/nexus-sen-1-0007-1376525", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1376525" }, { "id": "nexus-sen-1-0007-1376572", "citation": "Res. 08214-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ministry of Health's Duty to Respond to Specific Public Inquiries", "title_es": "Obligación del Ministerio de Salud de responder consultas puntuales sobre administrados", "summary_en": "The Constitutional Chamber hears an amparo against the Ministry of Health for failing to respond to a formal petition filed in November 2025 regarding a sanitary order for a water spring in Oreamuno. The petitioner asked about permitted activities within a 200-meter radius, the authority responsible for delineating the protected area, and access to public information and coordinates. The Chamber partially grants the amparo: points 1, 2, and 3 are found to have merit due to an unreasonable delay without a formal written response, violating Articles 27 and 30 of the Political Constitution. However, point 4 on the right to a ‘paja de agua’ is rejected as it seeks a legal opinion rather than raising a constitutional violation, absent a prior formal request. The Ministry is ordered to respond in writing within 10 days and provide a copy of the requested administrative file.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "06/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1376572.json", "html_url": "/legal/doc/nexus-sen-1-0007-1376572", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1376572" }, { "id": "nexus-sen-1-0007-1376866", "citation": "Res. 08522-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo for honor-related grievances in Municipal Council", "title_es": "Inadmisibilidad del amparo por alegatos de lesión al honor en Concejo Municipal", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed by a citizen against the Municipality of Alajuela, alleging that a council member made false and inaccurate statements during an official council session, harming his honor and that of his companies. The petitioner also claimed administrative omission in responding to his requests for rectification, violating his right to petition and to a swift justice, and condemned the lack of enhanced protection due to his status as a senior citizen. The Chamber reiterates that amparo is not the appropriate venue to determine violations of honor, as the Criminal Code defines the offenses of slander, libel, and defamation; the proper course is the criminal jurisdiction. As for the alleged failure to respond, the Chamber does not analyze it separately, subsuming it under the nature of the main claim. A similar precedent (decision 2025014285) where an amparo was dismissed for a councilwoman’s statements in a municipal session is cited.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1376866.json", "html_url": "/legal/doc/nexus-sen-1-0007-1376866", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1376866" }, { "id": "nexus-sen-1-0007-1377171", "citation": "Res. 08840-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Insufficient housing subsidy — dismissal for lack of standing", "title_es": "Subsidio de vivienda insuficiente — rechazo por falta de legitimación", "summary_en": "The Constitutional Chamber summarily dismissed a constitutional challenge against the 30-minimum-wage cap on the family housing bonus established in Article 50 of the National Financial System for Housing Law. The petitioner, a civil engineer, argued that the maximum subsidy amount had become insufficient to cover the real cost of a housing solution, violating the right to adequate housing and the principles of material equality, progressiveness, and non-regression. He claimed the insufficiency was structural and acknowledged by BANHVI itself, and that as a diffuse interest, direct action should be admitted. The Chamber held that the challenged norm is susceptible to individual application and the petitioner lacked direct standing, as the alleged interests were not truly diffuse but rather individualized. It reiterated that the unconstitutionality action is incidental in nature and only exceptionally available for diffuse interests, which was not the case here. Justice Garro Vargas added a note clarifying that the dismissal does not mean that diffuse and individual claims cannot coexist, but that here a particular interest underlay the claim. Justices Cruz Castro and Rueda Leal gave separate concurring reasons for the dismissal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377171.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377171", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377171" }, { "id": "nexus-sen-1-0007-1377209", "citation": "Res. 08878-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Summary dismissal of second constitutional challenge to Indigenous Law", "title_es": "Rechazo de plano de segunda acción sobre Ley Indígena", "summary_en": "The Constitutional Chamber summarily dismisses a second constitutional challenge brought by the same representative and in the same underlying case (file 17-000087-1028-CA) against Articles 1, 2, 3, 5 and 6 of the Indigenous Law. The action alleged that these norms empty the property rights of non-indigenous occupants in good faith without prior compensation, violating Articles 18, 33, 41, 45 and 46 of the Constitution and the American Convention. The Chamber declares the petition inadmissible based on Article 76 of the Constitutional Jurisdiction Law, since the same plaintiff had already filed a prior action (file 22-025518-0007-CO) that was decided on the merits in ruling 2023-001701, rejecting the unconstitutionality of Article 2 and the challenged case law. Given the identity of subject and underlying case, a new action is not admissible even if based on different grounds. Justice Garro Vargas issues a partial dissenting vote.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "indigenous-law-6172", "procedural-environmental" ], "date": "11/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377209.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377209", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377209" }, { "id": "nexus-sen-1-0007-1377316", "citation": "Res. 08996-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non‑compliance claim rejected: provisional measures against illegal dumps in Purral upheld", "title_es": "Rechazo de desobediencia por avance en medidas provisionales contra basureros en Purral", "summary_en": "The Constitutional Chamber reviewed a non‑compliance petition filed by the original petitioner against several authorities (Municipality of Goicoechea, IMAS, SINAC, the Health Area Directorate) for allegedly failing to comply with a judgment that ordered immediate minimization of contamination hotspots caused by informal settlements in Purral, Goicoechea. After examining the sworn reports, the Chamber found that the respondent institutions had indeed taken concrete provisional measures: the municipality had eradicated two critical dump sites, maintains daily cleanup crews, composting and reforestation campaigns; IMAS had performed clean‑ups and coordinated demolition of illegal structures; and the Health Directorate had carried out inspections, sanitary orders, and inter‑institutional meetings. The Chamber held these actions constitute sufficient provisional mitigation measures and therefore dismissed the non‑compliance claim at this stage, without affecting the ongoing obligation to achieve a definitive solution within the original eight‑month deadline. The Chamber also found a new complaint about vandalism of public lighting premature and denied a third‑party intervention.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377316.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377316", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377316" }, { "id": "nexus-sen-1-0007-1377318", "citation": "Res. 08998-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against state inaction over clandestine charcoal operations in Quebrada Honda", "title_es": "Amparo contra omisión estatal por carboneras clandestinas en Quebrada Honda", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a resident of Quebrada Honda against several authorities for the persistent operation of illegal charcoal furnaces within the Cerros de la Carpintera Protective Zone. The petitioner alleged inaction by the Ministry of Health, the Municipality of Desamparados, and the Environmental Administrative Tribunal (TAA), seeking a halt to the activity affecting his health and the environment. The Chamber partially granted the amparo, finding that the TAA had kept file 178-13-01-TAA open but suspended since 2023 due to notification difficulties, without a substantive resolution since 2019—an unjustified delay. It ordered the TAA to pursue and conclude that file within two months. Regarding the Ministry of Health and the Municipality, it considered they had acted within their competences, though insufficiently to stop the activity; concerning the Public Prosecutor's Office, it highlighted the active criminal proceedings aimed at closing the furnaces and restoring the affected forest, denying the amparo on those grounds and rejecting the expansion against SINAC.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "procedural-environmental", "criminal-environmental" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377318.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377318", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377318" }, { "id": "nexus-sen-1-0007-1377331", "citation": "Res. 09012-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied regarding noise and odors from Frame Projects / Good Four S.A.", "title_es": "Declaratoria sin lugar de amparo por ruido y olores de Frame Projects / Good Four S.A.", "summary_en": "The Constitutional Chamber denies an amparo action filed on behalf of a neighboring resident against the Municipality of Santa Cruz and the Ministry of Health. The petitioner complained that Frame Projects / Good Four S.A. built a pressurized paint room without permits in August 2025, increasing solvent odors and noise that affected his family’s health and environment. He requested sound measurements, joint inspections, sanitary orders, temporary closure, and administrative proceedings against officials. The Chamber finds that the amparo was filed on October 29, 2025, less than two months after the first formal complaint on September 11, 2025; thus, no excessive or unreasonable delay had occurred under Article 261 of the General Public Administration Act. Regarding the Municipality, the complaint was submitted through unofficial channels but was processed, and the amparo was also premature. The Chamber reiterates that it is not a forum for processing environmental complaints and that, with exceptions, administrative delays fall under the contentious-administrative jurisdiction. The amparo is therefore dismissed.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377331.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377331", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377331" }, { "id": "nexus-sen-1-0007-1377346", "citation": "Res. 09028-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water availability for single home does not require new analysis if originally authorized", "title_es": "Disponibilidad de agua no exige nuevo análisis si la conexión es para vivienda individual ya autorizada", "summary_en": "The Constitutional Court dismissed an amparo action against the ASADA El Bosque de Guácimo and the Municipality of Guácimo. The petitioner sought a court order to force the ASADA to update a water availability certificate needed for a building permit. The ASADA refused, citing a water deficit and a policy treating updates as new service requests. The municipality had rejected the permit because the certificate referenced a different property registration than the one in the application. The Court held that amparo is not the appropriate remedy to review the legality of administrative decisions, which must be challenged through ordinary administrative or judicial channels. The petitioner failed to show that he had formally requested the update or exhausted administrative remedies. The original certificate explicitly stated it did not constitute service approval, so no legitimate expectation could be claimed. The petition was denied.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377346.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377346", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377346" }, { "id": "nexus-sen-1-0007-1377347", "citation": "Res. 09029-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to Water versus Municipal Technical Impossibility", "title_es": "Derecho al agua frente a imposibilidad técnica municipal", "summary_en": "The Constitutional Chamber reviewed an amparo filed by the Calles Coyotes y Jocosal Neighborhood Association against the Municipality of Cartago for failure to provide drinking water to several communities in the San Francisco district. Residents alleged they had requested the service since 2018 with no formal response. The Municipality reported that it does not serve Calle Los Coyotes and Calle El Filete due to technical reasons: lack of infrastructure and insufficient tank elevation. It also noted the area is zoned as a Protection Zone under the Regulatory Plan, where residential use is not permitted. Other entities—AyA, ARESEP, and the Ombudsperson—agreed the Municipality is responsible. The Chamber reiterated its precedent that the fundamental right to water is not unrestricted; the administration may deny requests on technical or legal grounds. The amparo was denied, but the Municipality was urged to continue developing its Master Plan for expanding water service to eligible residents.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377347.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377347", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377347" }, { "id": "nexus-sen-1-0007-1377351", "citation": "Res. 09033-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SENARA Did Not Violate Rights by Issuing Technical Opinion on Moín Aquifer Zone 6", "title_es": "SENARA no vulneró derechos al emitir criterio técnico sobre Zona 6 del Acuífero de Moín", "summary_en": "The Constitutional Chamber dismissed a writ of amparo filed against the National Groundwater, Irrigation and Drainage Service (SENARA). The petitioner alleged that SENARA had failed to issue a technical opinion on the compatibility of AyA agreements with the SENARA 2006 Matrix regarding Zone 6 of the Moín Aquifer and had not formalized the hydrogeological vulnerability map. The Chamber found that SENARA did respond to the request through official letter Senara-DIGH-0080-2025, issued on December 3, 2025, and sent to the petitioner on December 5, 2025, before the amparo was formally notified. In that letter, SENARA concluded that AyA Agreement No. 177-2007 is not compatible with the SENARA 2006 Matrix, that Zone 6 corresponds to high vulnerability with restrictions more severe than those of the matrix, and that no technical adjustments were made in 2011. Since the query was addressed, the Chamber found no violation of fundamental rights and dismissed the appeal.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377351.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377351", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377351" }, { "id": "nexus-sen-1-0007-1377355", "citation": "Res. 09039-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Garbage collection service in border area not suspended and amparo denied", "title_es": "Servicio de recolección de basura en zona fronteriza no suspendido y amparo sin lugar", "summary_en": "The Constitutional Chamber heard an amparo filed by a resident of Santa Elena de La Cruz, Guanacaste, against the Municipality of La Cruz. The petitioner claimed the municipality failed to provide regular solid waste collection in his community, forcing residents to travel over 4 km to dispose of trash, which he deemed disproportionate and contrary to the local government's legal duty. He also alleged he was filmed without consent while depositing waste in public containers and that the mayor threatened him with fines and legal action after the video was posted on social media. The Chamber denied the amparo, finding that waste collection had not been suspended—the last pickup occurred on December 21, 2025—and the difficulties cited by the municipality (mechanical failures in the fleet and budgetary constraints) did not amount to an arbitrary omission. Regarding the recording and alleged threats, the petitioner failed to provide sufficient evidence of a constitutional injury. The ruling reiterates that amparo is not the proper avenue to assess public service quality or resolve criminal or image-protection disputes, and that the municipality has provided the service free of charge on a temporary basis in the border area, in compliance with Law 8839.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377355.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377355", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377355" }, { "id": "nexus-sen-1-0007-1377364", "citation": "Res. 09050-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for Denial of Drinking Water Availability in Valle Verde", "title_es": "Amparo por disponibilidad de agua potable denegada en Valle Verde", "summary_en": "The Constitutional Chamber reviewed an amparo action filed on behalf of a landowner in Guápiles, Pococí, against the ASADA Buenos Aires Sur Jiménez and the Costa Rican Institute of Aqueducts and Sewers (AyA). The petitioner claimed a violation of fundamental rights, arguing that after years of requesting drinking water service, it was arbitrarily and discriminatorily denied. Despite alleged compliance with municipal requirements and the proximity of infrastructure (Numancia tank and ASADA pipes), AyA did not authorize service. The Chamber verified that the landowner had not formally applied for water availability for those properties, so no technical feasibility studies existed. Additionally, the sector where the properties are located lacked an authorized operator—the ASADA only covers the southern sector. Citing precedent, the Chamber held there was no arbitrary action: the denial was based on failure to meet legal requirements (no formal application) and material impossibility (no network or operator in the area). Thus, the amparo was dismissed, and the petitioner was directed to pursue remedies before the relevant authorities.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377364.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377364", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377364" }, { "id": "nexus-sen-1-0007-1377385", "citation": "Res. 09076-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition by environmental protection association", "title_es": "Derecho de petición en asociación protectora ambiental", "summary_en": "The Constitutional Chamber resolves an amparo action filed on behalf of an environmental protection association. The petitioner claimed no response was received to a request filed with the Municipality of Vázquez de Coronado regarding compliance with a prior ruling (No. 2025-014024) from the same Chamber. The Chamber found it proven that the municipality did respond and notify the request within the legal ten-business-day period, thus disproving any violation of the right to petition and timely response. Notable is the note by Justice Rueda Leal, who, following Inter-American Court Advisory Opinion OC-22/16, cautions that legal persons are not rights-holders under the American Convention, but in this case there is an essential connection with a natural person because the matter involves environmental protection, so reaching the merits was proper. The Chamber denies the petition.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377385.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377385", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377385" }, { "id": "nexus-sen-1-0007-1377486", "citation": "Res. 09182-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of access to information and petition: municipal minutes not yet approved", "title_es": "Derecho de acceso a la información y petición: acta municipal no aprobada aún", "summary_en": "The petitioner requested from the Nicoya Municipal Council complete copies of Ordinary Session 089-2026, including minutes, annexes, and resolutions. The municipality acknowledged receipt on January 20, 2026, but did not provide the documents. The petitioner alleged violation of his fundamental rights of petition and access to information, emphasizing the environmental impact of decisions on wetlands and mangroves in Playa Sámara. The Constitutional Chamber found that the respondent authority did reply before being notified of the amparo, informing that the minutes had not yet been approved and would be sent later. The Chamber concluded that the right to petition was not breached, as there was a timely response, and access to information was not denied but rather the documentation was not yet available. The appeal was dismissed, reiterating that the right to petition entails the right to a response, not necessarily a favorable one, and that the information will be provided once the minutes are approved.", "primary_topic_id": null, "topic_ids": [], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377486.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377486", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377486" }, { "id": "nexus-sen-1-0007-1377502", "citation": "Res. 09200-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo regarding criminal precautionary measure in wetland", "title_es": "Inadmisibilidad de amparo sobre medida cautelar penal en humedal", "summary_en": "The Constitutional Chamber flatly rejects an amparo action filed by property owners in Esterillos Oeste, Parrita, after the Municipality of Parrita denied a construction permit due to an alleged indirect relationship with a wetland linked to a criminal case from 2011 (file 11-000009-0611-PE). They claimed good-faith acquisition, a clean land registry, existing land-use permits, and water availability, and argued their property was not listed in the criminal precautionary order. The Chamber rules the amparo inadmissible because judicial actions and decisions, as well as administrative acts executed to comply with judicial orders, are exempt from constitutional review via amparo under Article 30(b) and (c) of the Constitutional Jurisdiction Law. The petitioners are directed to pursue ordinary legal remedies.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377502.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377502", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377502" }, { "id": "nexus-sen-1-0007-1377512", "citation": "Res. 09210-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo by ASADA Pital against AyA for delay in approving water treatment plant project", "title_es": "Amparo de ASADA Pital contra AyA por dilación en aprobación de proyecto de planta potabilizadora", "summary_en": "The Constitutional Chamber resolves an amparo action filed by ASADA de Pital against the Costa Rican Institute of Aqueducts and Sewers (AyA). ASADA claimed AyA had failed to issue a timely technical approval for a drinking water treatment plant project, needed to address contamination and scarcity issues. The Chamber dismissed the amparo. Based on AyA's sworn report, it found no administrative omission: AyA had performed technical reviews at the prefeasibility stage, issued detailed observations, and ASADA had not submitted the final design or the required technical information. The lack of a final resolution resulted from ASADA's non-compliance, not institutional delay. The Chamber also clarified that the previous 2020 ruling did not contain a specific order against AyA but a preventive warning that AyA had fulfilled; therefore, there was no material disobedience.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377512.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377512", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377512" }, { "id": "nexus-sen-1-0007-1377518", "citation": "Res. 09216-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Violation of right to petition due to municipality's untimely response", "title_es": "Violación del derecho de petición por omisión de respuesta municipal oportuna", "summary_en": "The Constitutional Chamber heard an amparo appeal against the Municipality of Pérez Zeledón for failing to respond to a request for information on solid waste collection routes, filed on July 28, 2025. The petitioner asked for details of the route and a map used by the EBI company. The municipality requested a formal correction but did not answer until March 2, 2026, after the amparo was filed. The Chamber granted the appeal, finding a violation of the right to petition and prompt response (Articles 27 and 32 of the Constitution and the Constitutional Jurisdiction Law). However, the majority did not award costs or damages, reasoning that the harm was remedied during the proceedings and had no direct financial impact. Magistrates Salazar and Garro each partially dissented, ordering the payment of costs and/or damages.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377518.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377518", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377518" }, { "id": "nexus-sen-1-0007-1377522", "citation": "Res. 09221-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo for failure to comply with evidentiary requirement in communal parking case", "title_es": "Rechazo de amparo por incumplimiento de prevención en caso de parqueo comunal", "summary_en": "The Constitutional Chamber flatly dismisses an amparo action filed against a community development association and a municipality regarding the operation of a parking lot on land designated for community facilities. The petitioner alleged misuse of power, lack of permits, zoning violations, and discriminatory access to the parking, among other claims. However, the Chamber does not address the merits because the petitioner failed to comply with a preliminary evidentiary order requiring proof of the association's current legal standing and an address for notifications. Once the deadline expired without compliance, Article 42 of the Constitutional Jurisdiction Law was applied, leading to outright rejection without any ruling on the fundamental rights invoked.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377522.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377522", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377522" }, { "id": "nexus-sen-1-0007-1377817", "citation": "Res. 09526-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for noise pollution declared inadmissible for premature filing", "title_es": "Amparo por contaminación sónica declarado inadmisible por presentación prematura", "summary_en": "The Constitutional Chamber resolves an amparo action filed by a resident of Heredia against the Ministry of Health and the Public Force, regarding the lack of response to a noise-pollution complaint from a hardware store in a residential area. The petitioner claims that high noise levels, even at night and on weekends, affect his health, rest, and work performance. The complaint was filed on February 24, 2026, and the amparo on March 5, 2026. The Chamber finds that, as an environmental matter involving the rights to a healthy environment and health, it is an exception to the rule of referral to the administrative contentious jurisdiction. Nevertheless, it concludes that the administration is still within the two-month period established by Article 261 of the General Public Administration Law to resolve, so the appeal is inadmissible as premature. The action is dismissed outright.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1377817.json", "html_url": "/legal/doc/nexus-sen-1-0007-1377817", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1377817" }, { "id": "nexus-sen-1-0007-1378182", "citation": "Res. 09951-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Post-judgment motion for alleged disobedience in environmental amparo denied", "title_es": "Gestión posterior por presunta desobediencia en amparo ambiental desestimada", "summary_en": "The Constitutional Chamber denies a post-judgment motion filed by the petitioner in amparo 21-012199-0007-CO, seeking a declaration of disobedience of the 2021 ruling. The Chamber had already determined, in a prior interlocutory order, that the alleged facts (noise pollution, unlicensed activities, and recent disturbances) were new and distinct from those adjudicated in the original judgment, thus not constituting direct non-compliance. The petitioner requested review of that order, but the Chamber finds the motion inadmissible because its own decisions are not subject to further appeal and no ambiguities require clarification. The ruling reinforces the finality of Constitutional Chamber decisions and the need to bring new factual claims as separate filings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1378182.json", "html_url": "/legal/doc/nexus-sen-1-0007-1378182", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1378182" }, { "id": "nexus-sen-1-0007-1378185", "citation": "Res. 09954-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Closure of the Los Pinos landfill — late response by the Municipality of Cartago", "title_es": "Cierre del relleno sanitario Los Pinos — respuesta tardía de la Municipalidad de Cartago", "summary_en": "The Constitutional Chamber hears an amparo action against the Municipality of Cartago for failing to respond to a request for information submitted on October 28, 2024, regarding the Los Pinos landfill and the inaction in the face of environmental damage. The Chamber finds that the Municipality responded on January 21, 2025 — after the amparo was filed — forwarding the matter to the Ministry of Health. Therefore, it partially grants the appeal solely for violation of the right to petition and timely response by the municipality, without awarding costs. Regarding the underlying environmental problem, the Chamber refers the petitioner to the rulings already issued in decisions 2020-002374, 2025-023963, and 2025-037399, which ordered SETENA, the Ministry of Health, and the Municipality to conduct monthly monitoring and adopt corrective measures, and where non‑compliance was ruled out. Consequently, the amparo is dismissed against the other respondents (Ministry of Health and SETENA).", "primary_topic_id": null, "topic_ids": [], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1378185.json", "html_url": "/legal/doc/nexus-sen-1-0007-1378185", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1378185" }, { "id": "nexus-sen-1-0007-1378188", "citation": "Res. 09960-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with judgment on Matina coastal plan information request", "title_es": "Desobediencia de sentencia sobre información del plan regulador costero de Matina", "summary_en": "The Constitutional Chamber resolves a second non-compliance filing by a petitioner against the Municipality of Matina, alleging failure to comply with Judgment 2025-032461 ordering a response to his request for an official map delimiting Afro-Costa Rican ancestral territory in the coastal regulatory plan. The petitioner claimed the municipality had not provided the maps or information on the IFA–Antropoaptitud component. The Chamber reviewed the municipal response, which stated it had consulted ECOPLAN and the ICT and was awaiting guidelines from MIDEPLAN. The Chamber finds the municipality did comply by explaining why it lacks the documentation, and holds that any dissatisfaction with the substance of the response must be raised before the municipality itself, not this court. The non-compliance filing is dismissed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1378188.json", "html_url": "/legal/doc/nexus-sen-1-0007-1378188", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1378188" }, { "id": "nexus-sen-1-0007-1378194", "citation": "Res. 09971-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Citizen Participation in the Formation of the Escazú Regulatory Plan Commission", "title_es": "Participación ciudadana en la conformación de la Comisión del Plan Regulador de Escazú", "summary_en": "The Constitutional Chamber dismisses an amparo appeal filed by the Association for the Conservation and Development of the Cerros de Escazú against the Municipality of Escazú. The association claimed that the municipality had obstructed the formation of the Regulatory Plan Commission through bureaucratic obstacles—first suspending district assemblies for electing community representatives, then attempting to replace the commission with a Regulatory Plan Office. This, according to the appellant, violated the principle of citizen participation in environmental matters and the right to a healthy environment. The court finds that the dispute is a matter of ordinary legality and that the constitutional jurisdiction cannot order the municipality to make decisions regarding its internal functions or the appointment of representatives. It refers the parties to ordinary channels to litigate the merits. Justice Rueda Leal adds a note on the standing of legal persons, concluding that, given the essential link between the association and its individual members, a substantive analysis is appropriate, though the appeal is ultimately dismissed.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1378194.json", "html_url": "/legal/doc/nexus-sen-1-0007-1378194", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1378194" }, { "id": "nexus-sen-1-0007-1378211", "citation": "Res. 10005-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of water availability in Valle Verde, Guápiles due to technical infeasibility and environmental restriction", "title_es": "Denegación de disponibilidad de agua en Valle Verde de Guápiles por inviabilidad técnica y restricción ambiental", "summary_en": "The Constitutional Chamber denies an amparo action filed by the owner of a lot on Calle Valle Verde, Guápiles, against the ASADA Buenos Aires Sur Jiménez and the ICAA. The petitioner alleged that for thirteen years she had been unjustifiably denied potable water availability despite nearby infrastructure and costs assumed jointly with neighbors. The Chamber found that the property is located in a central sector of the community not covered by ICAA aqueduct systems, and that the ASADA has not submitted technical studies to extend service. Additionally, there are environmental restrictions related to protection of a highly vulnerable aquifer, which impose limits on new connections. The Chamber reiterates its case law that the right to water is not absolute when technical, legal, or environmental impediments are proven, and that verification of legal and technical requirements corresponds to ordinary jurisdiction. The Chamber also dismisses the alleged discrimination for lack of a valid comparison parameter. The amparo is denied, with a dissenting vote of two justices who would order ARESEP to report.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1378211.json", "html_url": "/legal/doc/nexus-sen-1-0007-1378211", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1378211" }, { "id": "nexus-sen-1-0007-1378233", "citation": "Res. 10049-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo on road deterioration and illegal logging in Unión Río Perla", "title_es": "Improcedencia de amparo sobre deterioro de caminos y tala ilegal en Unión Río Perla", "summary_en": "The Constitutional Chamber dismissed the amparo petition filed by a resident of La Unión de Río Perla, Guácimo, against the Municipality of Guácimo and SINAC. The petitioner alleged poor conditions of several local roads, attributing their deterioration to logging trucks and an alleged omission by SINAC in controlling illegal logging, which affected ecotourism and road safety. The Court noted that in prior judgments (2025-032011 and 2026-003655) it had already ordered the Municipality to repair those same roads within six months, and work had begun in January 2026 and was ongoing. On the environmental issue, it confirmed that no illegal logging had been identified in the area; rather, extractions were covered by valid forestry permits (plantations and agroforestry), and signs of irregular activities suggested possible organized crime, not illegal logging. SINAC had addressed the petitioner's complaints and clarified that road maintenance falls outside its mandate. Consequently, the petition was dismissed with respect to SINAC and one road (Dirección07), and for the remainder, the petitioner was bound by the prior rulings.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1378233.json", "html_url": "/legal/doc/nexus-sen-1-0007-1378233", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1378233" }, { "id": "nexus-sen-1-0007-1378237", "citation": "Res. 10058-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against municipality for occupation of sidewalk and stairs on private property", "title_es": "Amparo contra municipalidad por ocupación de acera y gradas en propiedad privada", "summary_en": "The Constitutional Chamber rejects an amparo action filed by a property owner who claimed that the Municipality of San José invaded his land by building a sidewalk and stairs without expropriation or compensation, occupying about 63 m². The plaintiff argued that this illegal occupation caused him insecurity, health hazards due to use by homeless people as a restroom, and that the municipality prevented him from enclosing the area. The Chamber determines that it is not its role to review whether there is a property invasion or whether compensation is due, as these are matters of ordinary legality to be discussed in the appropriate administrative or judicial venue. Furthermore, it is found that the plaintiff had not filed a prior formal complaint with the municipality. The amparo is denied, referring the claimant to ordinary legal channels.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1378237.json", "html_url": "/legal/doc/nexus-sen-1-0007-1378237", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1378237" }, { "id": "nexus-sen-1-0007-1378248", "citation": "Res. 10080-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal delay in authorizing pruning of hazardous tree in Cartago", "title_es": "Mora municipal en autorizar poda de árbol riesgoso en Cartago", "summary_en": "The Constitutional Chamber ruled in favor of a resident of Residencial Villa Bonita in Dulce Nombre, Cartago, who requested that the Municipality prune a tree on municipal property that posed a danger to nearby houses. The Court found serious omissions: the Municipality failed to notify the applicant of the technical report issued in June 2025, and improperly shifted to the applicant the responsibility for seeking pruning permits from MINAE, when that task belonged to the Municipality as property owner. The Chamber granted the amparo and ordered immediate notification of the status of the request and, once MINAE resolves, a final decision within one month. The Municipality was ordered to pay costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1378248.json", "html_url": "/legal/doc/nexus-sen-1-0007-1378248", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1378248" }, { "id": "nexus-sen-1-0007-1378294", "citation": "Res. 10150-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal delay in resolving complaint about urban tree without proven risk", "title_es": "Dilación municipal en resolver denuncia por árbol urbano sin riesgo comprobado", "summary_en": "The Constitutional Chamber admitted an amparo against the Municipality of Alajuela. The claimant reported that a tree in front of his home was damaging the sidewalk and posed a danger to people and property, with no final response since December 2023. The municipality conducted inspections and determined that the tree was healthy, stable, and did not present imminent risk. However, it failed to notify the claimant of the findings or issue a final ruling on his complaints. The Chamber declared the appeal partially granted solely for violation of Article 41 of the Constitution (right to a prompt and final administrative decision) and ordered the municipality to reply formally within five days. The substantive dispute over the tree's condition was referred to ordinary administrative or contentious-administrative courts.", "primary_topic_id": null, "topic_ids": [], "date": "20/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1378294.json", "html_url": "/legal/doc/nexus-sen-1-0007-1378294", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1378294" }, { "id": "nexus-sen-1-0007-1378645", "citation": "Res. 36563-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of Article 18, Paragraph 2 of the Fisheries and Aquaculture Law regarding commercialization in research fishing", "title_es": "Constitucionalidad del párrafo segundo del artículo 18 de la Ley de Pesca y Acuicultura sobre comercialización en pesca de fomento", "summary_en": "The Constitutional Chamber reviewed a constitutional challenge against the second paragraph of Article 18 of the Fisheries and Aquaculture Law, as amended in 2022. The petitioner argued that the provision allowed prohibited trawling, gave undue privileges to the private sector by letting legally constituted fishermen's organizations commercialize catches from research, and lacked technical grounding, thereby violating the rights to a healthy environment (Article 50 of the Constitution), life (Article 21), and social justice (Article 74). The majority of the Chamber dismissed the action. It held that the text itself is not unconstitutional; any harm would stem from improper application. It issued an interpretation consistent with the Constitution: research fishing serves investigative purposes, the general rule prohibits commercialization of catches, and the exception only covers research costs under strict limits set by INCOPESCA. It emphasized that INCOPESCA, as the enforcement authority, must ensure that any permit respects sustainable and protective use of marine resources, and that any surplus from commercialization must go to the institute's fund. One justice dissented, arguing the matter should have been resolved in the underlying amparo proceeding rather than through a constitutional action.", "primary_topic_id": null, "topic_ids": [], "date": "05/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1378645.json", "html_url": "/legal/doc/nexus-sen-1-0007-1378645", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1378645" }, { "id": "nexus-sen-1-0007-1380416", "citation": "Res. 12174-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of unconstitutionality action against bovine traceability system", "title_es": "Denegatoria de acción de inconstitucionalidad contra sistema de trazabilidad bovina", "summary_en": "The Constitutional Chamber denies processing of an unconstitutionality action filed against Executive Decree No. 44336-MAG-S-SP, which creates the National System for Individual Identification and Traceability of Bovine Cattle. The plaintiff, a private citizen, argued that the decree imposed duplicative identification requirements, disproportionate administrative burdens, and violated the principle of legality, the constitutional block, the right to a healthy environment, and animal welfare. The Chamber issued a prevention order requiring the plaintiff to correct formal defects, including lack of standing and failure to demonstrate a prior proceeding where the unconstitutionality had been invoked, as well as payment of the corresponding stamp tax. Since the plaintiff did not comply within the granted period, the Chamber, applying Article 80 of the Constitutional Jurisdiction Law, denies the processing of the action without addressing its merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1380416.json", "html_url": "/legal/doc/nexus-sen-1-0007-1380416", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1380416" }, { "id": "nexus-sen-1-0007-1380423", "citation": "Res. 12780-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Lack of response regarding duck feeding in condominium and right to petition", "title_es": "Falta de respuesta sobre alimentación de patos en condominio y derecho de petición", "summary_en": "The Constitutional Chamber rejected on the merits the amparo filed by a resident of the Monte Real condominium in San Rafael, Alajuela, against MINAE and SINAC. The petitioner alleged a lack of response to her requests for information regarding a prohibition on artificially feeding ducks in an artificial lake, issued on the grounds that they are wildlife. The Chamber determined that the request sought to arrange a virtual meeting to present scientific reports, which does not constitute a pure and simple request for information protected by the right to petition. Additionally, it noted that disagreement with the administrative order is an ordinary legality dispute that does not directly involve fundamental rights and must be resolved through administrative or judicial channels. Judge Rueda Leal dissented, considering that the situation could violate access to public information and the right to a healthy environment, and would have admitted the amparo to investigate the alleged harm.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "wildlife-law-7317" ], "date": "10/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1380423.json", "html_url": "/legal/doc/nexus-sen-1-0007-1380423", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1380423" }, { "id": "nexus-sen-1-0007-1380427", "citation": "Res. 12372-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality must provide information requested by petitioner", "title_es": "Municipalidad debe entregar información solicitada por el administrado", "summary_en": "The Constitutional Chamber granted an amparo action against the Municipality of Matina after finding it had failed to respond to information requests filed on October 9 and October 31, 2025. The petitioners sought copies of the technical, legal, budgetary, and environmental file for the Mawamba hanging bridge over the Tortuguero channel. Although the municipality argued the project was lawful and located on public land, the Chamber focused on the lack of a formal response, holding that this violated the right of petition and administrative transparency. It ordered delivery of the requested information within three days, subject to any legally required redactions of sensitive data. Justice Rueda Leal dissented, arguing the petition should be rejected outright because it was brought on behalf of a legal entity without demonstrating an essential link to affected natural persons.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "10/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1380427.json", "html_url": "/legal/doc/nexus-sen-1-0007-1380427", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1380427" }, { "id": "nexus-sen-1-0007-1380434", "citation": "Res. 12303-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal failure to register public-domain property from Valle Escondido development", "title_es": "Omisión municipal en inscripción de bienes demaniales en urbanización Valle Escondido", "summary_en": "The Constitutional Chamber heard an amparo against the Municipality of San Ramón for failing to receive and register the public-use property (streets, sidewalks, green areas) that the developer was required to transfer gratuitously under Article 40 of the Urban Planning Law, ever since the Valle Escondido project was approved in 2006. The Chamber found that, despite the municipality’s acceptance of the development, it took no steps to formalize the transfer, allowing the parent parcel to be mortgaged and later foreclosed, endangering the public-domain property and the community’s rights. The Chamber granted the amparo in part, solely against the municipality, and ordered it to file, within three months, all necessary administrative and judicial actions to register the property in the municipality’s name, with the warning of sanctions under Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": null, "topic_ids": [], "date": "10/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1380434.json", "html_url": "/legal/doc/nexus-sen-1-0007-1380434", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1380434" }, { "id": "nexus-sen-1-0007-1380441", "citation": "Res. 12238-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality's failure to resolve environmental complaints in Dominical and Dominicalito", "title_es": "Falta de respuesta municipal a denuncias ambientales en Playa Dominical y Dominicalito", "summary_en": "The Constitutional Chamber grants an amparo action against the Municipality of Osa for failing to resolve and formally communicate the definitive solution to environmental complaints filed in February 2025 regarding illegal activities on Playa Dominical and Dominicalito. Although the Municipality carried out inspections, inter-institutional coordination, and evictions, the Chamber finds that more than a year after the initial complaint, there is no express, complete, and duly notified response to the complainant, violating her right to petition and timely response. The Municipality is ordered to resolve and communicate the definitive solution within three months, with a warning of criminal and civil liability under the Constitutional Jurisdiction Law. The ruling includes separate opinions on jurisdiction for enforcement and prompt administrative justice.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "10/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1380441.json", "html_url": "/legal/doc/nexus-sen-1-0007-1380441", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1380441" }, { "id": "nexus-sen-1-0007-1380442", "citation": "Res. 12208-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Closure of floodgate in Santa María settlement, Rincón de la Vieja", "title_es": "Cierre de compuerta en asentamiento Santa María, Rincón de la Vieja", "summary_en": "The Constitutional Chamber dismisses the amparo appeal filed by a resident of the Informal Settlement Santa María de Rincón de la Vieja against AyA and MINAE. The appellant claimed that the closure of a floodgate in a diversion structure within the Rincón de la Vieja National Park, ordered by MINAE and executed by AyA, deprived the community of water from the Santa Inés stream, affecting animals and production. The Chamber found that the community lacked a legal concession for water use, water was captured illegally without potabilization treatment, and AyA supplied drinking water via tanker trucks. It held that the absence of formal water service stemmed from technical impossibility, not arbitrary action, thus no fundamental rights were violated. The decision reaffirms the precedent set in ruling 2025-034736.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "10/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1380442.json", "html_url": "/legal/doc/nexus-sen-1-0007-1380442", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1380442" }, { "id": "nexus-sen-1-0007-1380530", "citation": "Res. 12255-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Challenge to the transfer of solid waste from the Greater Metropolitan Area to the El Tomatal landfill in Limón", "title_es": "Cuestionamiento del traslado de residuos sólidos de la GAM al relleno sanitario El Tomatal en Limón", "summary_en": "The Constitutional Chamber denied an 'amparo' appeal filed against the Ministry of Health and SETENA regarding the transfer of solid waste from the Greater Metropolitan Area (GAM) to the Limón landfill, known as the El Tomatal Environmental Technology Park. The petitioner, a resident of Limón, argued that authorizing these transfers violated the right to a healthy environment and the prior consultation required by ILO Convention 169, among other issues. Based on sworn reports from the authorities, the Chamber found that the project has had environmental viability since 2008 and is under updated supervision by the Ministry of Health, which has increased its inspections. It was proven that temporary authorizations for GAM municipalities were granted under Executive Decree 44974-S and that the discharge structure for effluents to the watercourse was removed following a sanitary order, with no current discharge occurring. The Chamber also ordered the Ministry of Health to maintain constant surveillance and control over the discharge structure.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "indigenous-law-6172" ], "date": "10/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1380530.json", "html_url": "/legal/doc/nexus-sen-1-0007-1380530", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1380530" }, { "id": "nexus-sen-1-0007-1381113", "citation": "Res. 26385-2025 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of the reform to the public sector strike regime", "title_es": "Constitucionalidad de la reforma al régimen de huelgas en el sector público", "summary_en": "The Constitutional Chamber reviews an unconstitutionality action filed by ANEP against several articles of the Labor Code amended by Law 9808 regulating strikes. The Chamber dismisses the action in its entirety, upholding the constitutionality of the challenged provisions. It holds that the absolute prohibition of strikes in essential public services, the definition of such services, the obligation to designate an electronic address for notifications, the illegality of political strikes without direct employment connection, the prior notice requirement, the ban on repeating strikes for the same reasons (provided it is interpreted to allow strikes for new facts), and the provisions on salary payment and contract suspension, are all consistent with constitutional law and the legislature's margin of discretion. The Chamber reiterates the criteria in Advisory Opinion 2019-20596.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0007-1381113.json", "html_url": "/legal/doc/nexus-sen-1-0007-1381113", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1381113" }, { "id": "nexus-sen-1-0007-1381222", "citation": "Res. 14326-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Visual pollution from excess cabling in San Ramón", "title_es": "Contaminación visual por exceso de cableado en San Ramón", "summary_en": "The Constitutional Court reviewed multiple citizen complaints regarding visual pollution caused by excessive and disorderly wiring on poles in the canton of San Ramón. The claimants filed complaints with the Municipality of San Ramón, ICE, and SUTEL, alleging violations of the right to a healthy environment and to prompt justice. The Court held that the chaotic accumulation of cables constitutes visual pollution that degrades the urban landscape and may pose security risks, under Article 50 of the Constitution. It partially granted the appeal against the Municipality and ICE for failing to exercise their duties of supervision, control, and public space management, ordering them to coordinate the removal of unused wiring and implement permanent monitoring protocols. The appeal against SUTEL was denied, as it acted within a reasonable time by forwarding the complaints to ICE, though the Court reminded SUTEL of its ongoing duty to supervise operators' technical obligations.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "24/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1381222.json", "html_url": "/legal/doc/nexus-sen-1-0007-1381222", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1381222" }, { "id": "nexus-sen-1-0007-1381225", "citation": "Res. 12204-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Grit Box Gym and administrative delay in noise pollution complaint", "title_es": "Gimnasio Grit Box y demora administrativa en denuncia por contaminación sónica", "summary_en": "The Constitutional Chamber hears an amparo filed by a Turrialba resident against the Municipality of Turrialba and the Ministry of Health, due to noise pollution and vibrations from the Grit Box gym. The Chamber partially grants the appeal, solely against the Turrialba Health Area of the Ministry of Health, for violating the right to effective administrative protection. The ruling establishes that the sanitary complaint filed on June 2, 2023, has not been definitively resolved, despite multiple inspections, sound measurements, and sanitary orders that were overturned by the establishment's appeals. The Chamber orders the complaint to be resolved within one month, the resolution to be notified, and the necessary measures to ensure compliance. The Municipality of Turrialba is acquitted, as it acted within its legal powers by verifying the business license and sanitary permit. The Chamber also deems inadmissible the question about the applicability of an executive decree on noise and vibrations, as it is a matter of ordinary legality for the administrative contentious jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "10/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1381225.json", "html_url": "/legal/doc/nexus-sen-1-0007-1381225", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1381225" }, { "id": "nexus-sen-1-0007-1381258", "citation": "Res. 14221-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of unconstitutionality action regarding transfer tax", "title_es": "Inadmisibilidad de acción de inconstitucionalidad sobre impuesto de traspaso", "summary_en": "The Constitutional Chamber summarily dismissed an unconstitutionality action filed by a human rights lawyer, who challenged various statutory provisions imposing fiscal charges (transfer tax, registry fees, and several stamps) on the hereditary awarding of the family home and/or family agricultural plot. The petitioner argued that such levies violate the special protection owed to the family under Article 51 of the Constitution, as well as the principles of reasonableness, proportionality, and equality. By majority, the Chamber held that the impugned rules are susceptible to individual and direct application, and therefore the defense of diffuse interests cannot be invoked to bypass the requirement of a prior pending case. The petitioner did not prove the existence of a base case, and thus lacks standing. The action was dismissed as inadmissible, with separate opinions from some judges and a separate note.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1381258.json", "html_url": "/legal/doc/nexus-sen-1-0007-1381258", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1381258" }, { "id": "nexus-sen-1-0007-1381292", "citation": "Res. 13335-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SETENA must comply with sending EIA extracts to municipalities", "title_es": "SETENA debe cumplir con remitir extractos de EIA a municipalidades", "summary_en": "The Constitutional Chamber granted an amparo action against the National Environmental Technical Secretariat (SETENA) for failing to comply with Article 22 of the Environmental Organic Law. The Chamber found that SETENA does not currently send to municipalities the extract of environmental impact assessments required by law, despite the obligation to do so within five business days. The court held that this omission undermines the principles of prevention, precaution, and inter-administrative coordination, as it deprives local governments of key information to identify environmental risks and supervise projects. SETENA argued it was undergoing a digital modernization process and that the information was available online, but the majority ruled this does not replace the legal duty of active communication. The ruling orders SETENA to immediately adopt measures to ensure compliance with the sending of extracts to municipalities. Two judges dissented: one believed no fundamental right was violated, and the other argued the case belonged in the administrative litigation jurisdiction.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "21/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1381292.json", "html_url": "/legal/doc/nexus-sen-1-0007-1381292", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1381292" }, { "id": "nexus-sen-1-0007-1381297", "citation": "Res. 13379-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noise Pollution from Neighborhood Siren: Ministry of Health Duties", "title_es": "Contaminación sónica por sirena vecinal: deberes del Ministerio de Salud", "summary_en": "The Constitutional Chamber reviews an amparo action concerning noise pollution from a siren installed on a neighboring property, activated without emergency. The complainant reported the situation to the Ministry of Health in 2024; the authority conducted inspections, issued sanitary orders, and reopened the case in 2026. The Chamber finds that the Ministry acted diligently: technical inspections were performed, sanitary orders prohibited improper use, and the siren was disconnected before the amparo was filed. No violation of the right to a prompt and complete procedure (Article 41 of the Constitution) or to a healthy environment (Article 50) is found. The amparo is dismissed, though the Ministry is ordered to formally notify the complainant of the final actions taken.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1381297.json", "html_url": "/legal/doc/nexus-sen-1-0007-1381297", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1381297" }, { "id": "nexus-sen-1-0007-1381302", "citation": "Res. 13419-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sonic pollution from community alarms and public health duty", "title_es": "Contaminación sónica por alarmas comunitarias y deber de salud pública", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a resident of San Francisco de Dos Ríos against the Ministry of Health and the Municipality of San José for inaction regarding noise from loudspeakers installed as a community alarm system. The petitioner claimed harm to health, rest, and telework. The Chamber granted the appeal against the Health Area, finding an unjustified delay of about eight months in addressing the complaint, from July 2025 until March 2026, when a sanitary order to remove the devices was finally issued. It denied the appeal against the Municipality for lack of prior omission but warned it must comply with the sanitary order. The decision reiterates the state's duty to protect the environment and public health, and awards costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1381302.json", "html_url": "/legal/doc/nexus-sen-1-0007-1381302", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1381302" }, { "id": "nexus-sen-1-0007-1381338", "citation": "Res. 14360-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo against Municipality of Heredia for pollution and sidewalk complaints", "title_es": "Amparo ambiental contra Municipalidad de Heredia por denuncias de contaminación y falta de acera", "summary_en": "The Constitutional Chamber denied an amparo remedy filed against the Municipality of Heredia for allegedly failing to address environmental complaints regarding a private property used as an illegal dump, irregular parking, and lacking a sidewalk. The petitioner claimed that since 2018 multiple complaints had been filed without a definitive resolution. However, the Chamber verified that the Municipality had conducted 91 inspection reports, clean-ups in 2023, municipal police interventions, and actions in 2025, including responses to the petitioner and referral to the legal department. Given that the property is private and the owning company is difficult to locate, the Municipality acted within its powers without violating the right to a prompt and complete procedure. The authorities were urged to continue addressing the complaints to protect the right to a healthy environment.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "24/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1381338.json", "html_url": "/legal/doc/nexus-sen-1-0007-1381338", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1381338" }, { "id": "nexus-sen-1-0007-1381339", "citation": "Res. 14371-2026 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Illegal Burning and Clandestine Industrial Activity in Barva: Amparo Denied", "title_es": "Quemas ilegales y actividad industrial clandestina en Barva: amparo rechazado", "summary_en": "The Constitutional Chamber reviews a writ of amparo filed by a resident of Barva, Heredia, against the Ministry of Health, the Ministry of Public Security, the Municipality of Barva, and the Environmental Administrative Tribunal (TAA). The petitioner claims that the neighboring property conducts daily waste burning and operates a clandestine fiber-cement sheet factory without effective action from authorities. The Chamber finds that, although the complaint was credible, the respondent institutions did take concrete measures: the Ministry of Health issued a sanitary order and shut down the activity; the Municipality conducted inspections and issued closures for lack of permits; the Public Police attended the report within its capabilities; and the TAA processed the case file since 2014, recently referring it to SETENA. The Chamber concludes there was no unlawful omission or manifest insufficiency violating the right to a healthy environment, and thus denies the amparo.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "24/04/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0007-1381339.json", "html_url": "/legal/doc/nexus-sen-1-0007-1381339", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-1381339" }, { "id": "nexus-sen-1-0007-139572", "citation": "Res. 07762-2000 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Tivives Protective Zone dismissed", "title_es": "Rechazo de amparo contra Zona Protectora Tivives", "summary_en": "The Constitutional Chamber summarily dismisses an amparo filed by occupants of the Salinas II settlement against Executive Decree 17023-MAG, which established the Tivives Protective Zone. The claimants argued the decree lacked technical studies and violated the Forestry Law, and sought adjudication of their parcels by the Agrarian Development Institute (IDA). The Chamber held that challenging the decree's formal requirements (technical studies, compliance with Art. 28 Forestry Law) raises a mere legality issue, not a constitutional one, and thus is not reviewable via amparo. It directs the claimants to the ordinary administrative litigation jurisdiction to address such defects, as amparo is not the proper forum to examine administrative evidence or the legality of acts. The petition is summarily dismissed.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "01/09/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0007-139572.json", "html_url": "/legal/doc/nexus-sen-1-0007-139572", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-139572" }, { "id": "nexus-sen-1-0007-139632", "citation": "Res. 08783-2000 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against First Chamber's dismissal of cassation appeal declared inadmissible", "title_es": "Improcedencia del amparo contra rechazo de casación por la Sala Primera", "summary_en": "The Constitutional Chamber flatly rejects an amparo appeal filed against the First Chamber of the Supreme Court, which had dismissed a cassation appeal on the merits in an administrative contentious proceeding. The appellant argued that the First Chamber incorrectly interpreted Article 4 of Law 7274 of 1991, considering it repealed Article 614 of the Civil Procedure Code, and that such interpretation was unconstitutional. The Constitutional Chamber finds the amparo manifestly inadmissible because it seeks to have this court act as an appellate instance reviewing the legal reasoning of the First Chamber, which lies outside its constitutional jurisdiction. It notes that arguments regarding the validity of Article 614 of the Civil Procedure Code and the alleged infringement of rights may be raised within the same proceeding through motions for clarification and amendment before the First Chamber itself. The decision reaffirms the subsidiary nature of amparo and the impossibility of using it to replace ordinary remedies or as a third instance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0007-139632.json", "html_url": "/legal/doc/nexus-sen-1-0007-139632", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-139632" }, { "id": "nexus-sen-1-0007-139705", "citation": "Res. 10466-2000 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Hydroelectric concessions require specific framework law", "title_es": "Concesiones hidroeléctricas requieren ley marco específica", "summary_en": "The Constitutional Chamber analyzes an amparo action against the Los Gemelos (San Luis I and II) hydroelectric project in the Chirripó River basin. The claimants allege violations of due process, the right to a healthy environment (Art. 50 of the Constitution), and private property rights. The Chamber finds that after the repeal of Law 258 (National Electricity Service) and in the absence of a new framework law regulating the exploitation of hydraulic forces by private parties, MINAE lacks the authority to grant such concessions. It declares that concessions for exploiting public waters for electric generation must be approved by the Legislative Assembly (Art. 121, subsection 14 of the Constitution). It also establishes that forced easements on private property for these projects require a prior declaration of public interest by a state entity. The Chamber denies the amparo, finding no flagrant violation of due process in the EIA approval, without prejudice to MINAE’s ongoing oversight and ability to require additional studies, and warns that these processes must be realigned with the law.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "24/11/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0007-139705.json", "html_url": "/legal/doc/nexus-sen-1-0007-139705", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-139705" }, { "id": "nexus-sen-1-0007-146353", "citation": "Res. 00105-2001 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of petition and timely response against IMAS", "title_es": "Derecho de petición y pronta resolución ante el IMAS", "summary_en": "The Constitutional Chamber heard an amparo filed by a user of the Joint Institute of Social Aid (IMAS) who had requested from social workers information about their professional license number and a certified copy of the social study of his family nucleus, but received no response for over ten months. The Chamber noted that the respondent authorities did not deny receiving the requests nor did they prove having provided a formal written answer, arguing only that they were not obliged to disclose license numbers and had already handed over a social information form. The court held that the failure to respond violated the constitutional rights of petition and timely resolution and of prompt and complete justice under Articles 27 and 41 of the Constitution. It therefore granted the amparo, ordering the officials to reply in writing within three days, and assessed costs and damages against IMAS, to be determined in enforcement proceedings before the administrative litigation court. It also clarified that it could not evaluate the merits of the petitioner’s claims or rule on matters already raised in a previous amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/01/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0007-146353.json", "html_url": "/legal/doc/nexus-sen-1-0007-146353", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-146353" }, { "id": "nexus-sen-1-0007-152563", "citation": "Res. 03964-2001 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Construction of road without EIA or urban control in Manuel Antonio", "title_es": "Construcción de camino sin EIA ni control urbanístico en Manuel Antonio", "summary_en": "The Constitutional Chamber granted an amparo action filed by residents of Manuel Antonio, Quepos, against the Municipality of Aguirre and several private parties for building a private road (called an “easement of way”) without an environmental impact study, without municipal plan approval, and in violation of urban planning and environmental laws. The work affected a regenerating secondary forest, the biological corridor of the titi monkey, and the stability of Category VIII soils. The Chamber annulled the municipal agreement authorizing the construction, ordered the demolition of all civil works and restoration of the land to its natural state, held the municipality and the companies jointly and severally liable for costs, damages, and losses, and ordered that certified copies be sent to the Public Prosecutor’s Office to investigate possible criminal offenses by the council members and the mayor. It noted that the municipality lacked authority to approve easements and that the real purpose was to enable an irregular land subdivision.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "procedural-environmental", "environmental-law-7554", "subdivision-fraccionamiento", "forestry-law-7575" ], "date": "15/05/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0007-152563.json", "html_url": "/legal/doc/nexus-sen-1-0007-152563", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-152563" }, { "id": "nexus-sen-1-0007-157642", "citation": "Res. 08560-2001 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutionality of the Land Titling Law in National Reserves due to Lack of Procedural and Environmental Safeguards", "title_es": "Inconstitucionalidad de la Ley de Titulación de Tierras en Reservas Nacionales por falta de garantías procesales y protección ambiental", "summary_en": "The Constitutional Chamber declares Law No. 7599, the Law on Land Titling in National Reserves, unconstitutional in its entirety. The judicial query was raised by the Agrarian Court of the Second Judicial Circuit of Alajuela, which challenged articles 3, 9, and 15 for violating fundamental rights. The Chamber found that the titling procedure is summary and lacks adequate publicity, preventing third parties with superior rights from learning about and defending their interests. It does not provide for the involvement of the Attorney General’s Office or other state institutions to protect public domain lands or protected areas. Furthermore, article 15 limits the recovery action to three years, an unreasonable period that violates the right to property, due process, and access to justice. The Chamber applies the precedent set in ruling No. 2802-99 concerning the Campesino Housing Titling Law. The effects of the judgment are adjusted so as not to affect those who titled in good faith where the three-year challenge period has passed, without prejudice to state actions to recover public domain lands.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "28/08/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0007-157642.json", "html_url": "/legal/doc/nexus-sen-1-0007-157642", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-157642" }, { "id": "nexus-sen-1-0007-158355", "citation": "Res. 05445-1999 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reaffirmation of municipal autonomy and its limits regarding legality control", "title_es": "Reiteración de autonomía municipal y sus límites frente al control de legalidad", "summary_en": "This landmark ruling of the Constitutional Chamber partially upholds an unconstitutionality action against numerous legal provisions that violated municipal autonomy guaranteed in Articles 169 and 170 of the Political Constitution. The Chamber defines the essential content of such autonomy as the capacity to freely decide on local organization and policies, including budgetary, tax, and regulatory powers. It strikes down norms that allowed opportunity controls by the Comptroller General's Office and other Executive Branch entities over municipalities, as well as provisions that dismembered their internal organization. However, it confirms the constitutionality of legality and financial oversight exercised by the Comptroller over municipal budgets and contracting, as it derives directly from the Constitution. It establishes that national planning is only binding on municipalities if approved by formal law, and recognizes exclusive municipal powers in urban planning matters, without prejudice to coordination with national entities.", "primary_topic_id": null, "topic_ids": [], "date": "14/07/1999", "year": "1999", "json_url": "/data/legal/docs/nexus-sen-1-0007-158355.json", "html_url": "/legal/doc/nexus-sen-1-0007-158355", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-158355" }, { "id": "nexus-sen-1-0007-163531", "citation": "Res. 01882-2001 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Río Siquiares Pollution by Dos Pinos Cooperative", "title_es": "Contaminación del Río Siquiares por Cooperativa Dos Pinos", "summary_en": "The Constitutional Chamber upheld an amparo action filed by residents of Turrúcares, Cebadilla, San Miguel, and Siquiares against Cooperativa de Productores de Leche R.L. (Dos Pinos) and the Ministry of Health. The plaintiffs alleged that the new dairy processing plant in El Coyol, Alajuela, discharged untreated wastewater into the Siquiares River, causing foul odors and discoloration, harming the health and environment of communities that rely on the river for drinking water and agriculture. The Chamber found that, despite holding permits, the treatment plant was inadequate and caused pollution for about four months until corrective actions were taken. It held the cooperative and the State jointly liable for violating the rights to health and a healthy and ecologically balanced environment, ordering payment of costs, damages, and losses.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "09/03/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0007-163531.json", "html_url": "/legal/doc/nexus-sen-1-0007-163531", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-163531" }, { "id": "nexus-sen-1-0007-170201", "citation": "Res. 01092-2001 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non‑compliance with prior ruling on Tivives Protective Zone", "title_es": "Incumplimiento de sentencia previa sobre Zona Protectora Tivives", "summary_en": "The Constitutional Chamber dismissed the amparo action against the Municipality of Esparza, IDA, the Ministry of Health, and MINAE regarding alleged illegal occupations and constructions in the Tivives Protective Zone. On the issue of illegal land tenure, the Chamber held that the matter had already been decided in ruling 1763‑94, which annulled post‑May‑1986 adjudications and ordered IDA to relocate parcel holders; thus, the claimant must use the disobedience procedure if he considers that ruling unenforced. As to the generic complaints about illegal permits and constructions, the Chamber declared the claim inadmissible because the claimant failed to identify specific cases or perpetrators, precluding abstract constitutional review. The claimant was ordered to abide by ruling 1763‑94, and the remainder of the amparo was dismissed on the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/02/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0007-170201.json", "html_url": "/legal/doc/nexus-sen-1-0007-170201", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-170201" }, { "id": "nexus-sen-1-0007-171120", "citation": "Res. 09824-1999 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Flat Rejection for Lack of Standing in Challenge to Decree 27694-MINAE", "title_es": "Rechazo de plano por falta de legitimación en acción contra Decreto 27694-MINAE", "summary_en": "The Constitutional Chamber flatly rejected an unconstitutionality action filed by three forestry engineers on behalf of the Costa Rican Association of Forestry Professionals against Executive Decree 27694-MINAE, which amended Article 89 of the Forestry Law Regulation. The plaintiffs argued that the norm excluded owners of unregistered lands from the right to forestry exploitation and state incentives, while also restricting the professional field of forestry engineers. The Chamber found that the promoters lacked standing to act on behalf of the association because legal representation belongs to the president of the board of directors, whose appointment had expired in 1997. Furthermore, the action was brought without a prior proceeding in defense of the diffuse interests of a group of landowners, which did not meet the requirement of Article 75 of the Constitutional Jurisdiction Law, since the challenged norms were of individual application and did not affect the community in the abstract. The Chamber reiterated its case law on the inadmissibility of such appeals when the procedural requirements of standing and prior proceeding are not met.", "primary_topic_id": null, "topic_ids": [], "date": "14/12/1999", "year": "1999", "json_url": "/data/legal/docs/nexus-sen-1-0007-171120.json", "html_url": "/legal/doc/nexus-sen-1-0007-171120", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-171120" }, { "id": "nexus-sen-1-0007-176973", "citation": "Res. 07555-2001 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Shrimp fishing ban and equality principle between fleets", "title_es": "Veda de pesca de camarón y principio de igualdad entre flotas", "summary_en": "The Constitutional Chamber reviews an amparo action against Article 4 of INCOPESCA’s agreement A.J.D.I.P/142-2001, which imposes a five-month shrimp fishing ban on the semi-industrial fleet and only a one-and-a-half-month ban on the artisanal fleet in a zone of the Gulf of Nicoya. The plaintiff claimed violation of equality and due process, arguing the measure contradicts a technical recommendation for a total ban and grants unjustified unequal treatment. The Chamber dismisses the appeal, reaffirming its case law that the equality principle does not bar differential treatment among distinct categories of fishers, provided objective reasons exist. It noted that the Board considered not only technical but also socioeconomic factors: the artisanal fleet catches 72% of white shrimp but causes less ecological harm by using gear that catches already-reproduced specimens, while the semi-industrial fleet’s trawl nets catch juveniles. A total ban for artisanal fishers would leave many Costa Rican families without livelihood. The scientific basis of the measures is a matter for administrative or contentious-administrative proceedings, not amparo.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "procedural-environmental" ], "date": "03/08/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0007-176973.json", "html_url": "/legal/doc/nexus-sen-1-0007-176973", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-176973" }, { "id": "nexus-sen-1-0007-177001", "citation": "Res. 09458-2001 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Eviction without compensation in national park does not violate property right", "title_es": "Desalojo sin indemnización en parque nacional no viola derecho de propiedad", "summary_en": "The Constitutional Chamber dismisses an amparo action against the Ministry of Environment and Energy (MINAE) for the detention and seizure of tools of two individuals who were cutting vegetation and opening a trail inside Arenal Volcano National Park. The petitioners claimed legitimate possession of the land and sought compensation for eviction. The Chamber finds that compensation is a matter of ordinary legality beyond its jurisdiction and declares that claim inadmissible. As for MINAE's actions, the Chamber finds no arbitrariness: the lands were acquired by the State in 1993 and 1995 and are public domain property; the officials' actions (detention, seizure, criminal complaint) were lawful in response to ecosystem damage. The ruling reaffirms the State's authority to protect wild protected areas.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "forestry-law-7575" ], "date": "21/09/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0007-177001.json", "html_url": "/legal/doc/nexus-sen-1-0007-177001", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-177001" }, { "id": "nexus-sen-1-0007-187580", "citation": "Res. 02486-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Partial annulment of Decree 25663-MINAE for insufficient protection of the great green macaw habitat", "title_es": "Anulación parcial del Decreto 25663-MINAE por insuficiente protección del hábitat de la lapa verde", "summary_en": "The Constitutional Chamber granted an amparo action against the Ministry of Environment and Energy (MINAE) for violating the right to a healthy and ecologically balanced environment protected by Article 50 of the Constitution. The court found that the great green macaw (Ara ambigua) is an endangered species and that its survival depends on the conservation of the almendro tree. Executive Decrees 25167-MINAE and 25663-MINAE, which established partial restrictions on the logging of almendro trees, were insufficient to protect the species, as they still allowed selective cutting and lacked adequate oversight. The Chamber held that the State failed to comply with its obligations under the Wildlife Conservation Law and international treaties. Accordingly, it annulled subsections 1, 2, 5, and 7 of Article III of Decree 25663-MINAE, which permitted selective logging, and ordered the State to pay costs and damages, to be determined in administrative contentious proceedings.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "procedural-environmental" ], "date": "08/03/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-187580.json", "html_url": "/legal/doc/nexus-sen-1-0007-187580", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-187580" }, { "id": "nexus-sen-1-0007-189382", "citation": "Res. 01193-1998 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas corpus for alleged unlawful detention of police officer in Golfito", "title_es": "Hábeas corpus por supuesta detención ilegal de policía en Golfito", "summary_en": "The Constitutional Chamber heard a habeas corpus petition filed on behalf of a Public Force officer stationed in Golfito, who alleged that he was illegally detained by two colleagues under orders from the Detachment Captain and forced to work on his day off. The petitioner claimed the officer was deprived of liberty from ten in the morning until six in the evening on September 19, 1997, and then made to work from the early hours. The respondents denied the detention and asserted that the officer voluntarily went to the Command post and agreed to work to compensate for an administrative error in his duty roster. The Chamber found that, based on the reports submitted, the incident was not an unlawful detention but rather a request for the officer to continue his police duties, with no evidence to the contrary. Accordingly, it dismissed the petition.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/02/1998", "year": "1998", "json_url": "/data/legal/docs/nexus-sen-1-0007-189382.json", "html_url": "/legal/doc/nexus-sen-1-0007-189382", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-189382" }, { "id": "nexus-sen-1-0007-190515", "citation": "Res. 00542-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Visas for nationals of restricted-access countries", "title_es": "Visas para nacionales de países con acceso restringido", "summary_en": "The Constitutional Chamber summarily dismisses an amparo petition against the denial of a tourist visa for a Cuban national, filed by her resident husband. The petitioner argued that the General Directorate of Migration violated fundamental rights by basing its decision on a National Migration Council agreement restricting visas for nationals of restricted-access countries. The Chamber held that mere disagreement with the administrative decision does not raise a constitutional issue, as setting migration requirements and conditions is a statutory power of the administrative authority. It noted that the claim should be pursued through administrative remedies provided by law, either before the Directorate itself or the National Migration Council, not before the constitutional court. The ruling confirms that immigration decisions, even when based on restrictive policies, do not per se violate the principle of equality, and the Chamber will not substitute the administration in assessing entry requirements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/01/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-190515.json", "html_url": "/legal/doc/nexus-sen-1-0007-190515", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-190515" }, { "id": "nexus-sen-1-0007-191237", "citation": "Res. 01250-1999 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Green turtle hunting decree declared unconstitutional", "title_es": "Inconstitucionalidad del decreto de caza de tortuga verde", "summary_en": "The Constitutional Chamber reviews a claim of unconstitutionality filed by several environmental organizations against Executive Decree 14524-A, which authorized the commercial capture of the green turtle (Chelonia mydas) in Costa Rica's Caribbean waters. After considering the arguments of the petitioners, reports from INCOPESCA and the Attorney General's Office, and input from the Ombudsman's Office, the Chamber finds that the decree violates Article 50 of the Constitution, which guarantees the right to a healthy and ecologically balanced environment, and Article 7, as it contravenes international treaties such as CITES, which lists the green turtle in Appendix I (endangered species). The ruling emphasizes the lack of scientific studies supporting the authorized capture and invokes the precautionary principle and the in dubio pro natura principle. The Chamber declares the decree unconstitutional with declaratory and retroactive effects, thereby protecting the species for present and future generations.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "art-50-constitution", "wildlife-law-7317" ], "date": "19/02/1999", "year": "1999", "json_url": "/data/legal/docs/nexus-sen-1-0007-191237.json", "html_url": "/legal/doc/nexus-sen-1-0007-191237", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-191237" }, { "id": "nexus-sen-1-0007-193702", "citation": "Res. 02988-1999 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Land titling in protected areas: unconstitutionality of Art. 8 Law 7599", "title_es": "Titulación en áreas protegidas: inconstitucionalidad del Art. 8 Ley 7599", "summary_en": "The Constitutional Chamber declares unconstitutional Article 8 of Law 7599, which allowed the titling of lands in forest reserves, national wildlife refuges, and protective zones. The Chamber holds that the norm violates Articles 7, 50, and 89 of the Constitution by indiscriminately allowing the removal of public domain assets from their protected status without prior technical studies ensuring no harm to the environment. It reaffirms the inalienable and imprescriptible nature of the State's Natural Heritage and the State's duty to protect a healthy and ecologically balanced environment, emphasizing the precautionary principle and in dubio pro natura. The ruling annuls the provision with retroactive effect but recognizes good-faith acquired rights under certain temporal conditions.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "art-50-constitution", "forestry-law-7575" ], "date": "23/04/1999", "year": "1999", "json_url": "/data/legal/docs/nexus-sen-1-0007-193702.json", "html_url": "/legal/doc/nexus-sen-1-0007-193702", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-193702" }, { "id": "nexus-sen-1-0007-194082", "citation": "Res. 04407-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Resolving occupants' petition in forest reserve", "title_es": "Resolver gestión de ocupantes en reserva forestal", "summary_en": "The Constitutional Chamber reviews an amparo filed by three occupants of the Los Planes Settlement, located in the former Golfo Dulce Forest Reserve. The petitioners allege that the Agrarian Development Institute (IDA) has not decided the petition they submitted on October 9, 2001, seeking a solution to the legal uncertainty caused by the annulment of Article 8 of the Land Titling Law in National Reserves (ruling 2988-99). The annulment halted the titling of parcels in forest reserves, affecting over 700 families who had been in possession for decades. The Chamber grants the amparo, not because IDA must issue titles—claims to property rights must go to ordinary courts—but because the administration failed to answer the petitioners' request. The President of IDA is ordered to resolve and report on the petition within ten days, and IDA is ordered to pay costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/05/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-194082.json", "html_url": "/legal/doc/nexus-sen-1-0007-194082", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-194082" }, { "id": "nexus-sen-1-0007-197493", "citation": "Res. 08319-2000 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for lack of response to salary claim against MEP", "title_es": "Amparo por falta de respuesta a reclamo salarial ante el MEP", "summary_en": "The Constitutional Chamber reviews an amparo action filed by an employee of the Ministry of Public Education for the failure to respond to her administrative claim, filed on March 28, 2000, seeking payment of salary differentials arising from a 1995 Public Sector Wage Negotiation Commission agreement. The petitioner alleged violation of the right to petition and to prompt and complete justice, as more than five months had passed without a reply. The respondent authorities acknowledged the omission but justified it by the high volume of similar claims (over twenty thousand) and the implementation of a computer program. The Chamber reiterated its case law that excess workload does not excuse non-compliance with legal deadlines, and that Article 41 of the Constitution, not Article 27, applies to administrative claims. It concluded that the two-month deadline under Article 261(1) of the General Public Administration Act had been violated. The amparo was granted, and the Minister was ordered to resolve and notify within one month, with the State ordered to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/09/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0007-197493.json", "html_url": "/legal/doc/nexus-sen-1-0007-197493", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-197493" }, { "id": "nexus-sen-1-0007-197535", "citation": "Res. 09193-2000 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Limón landfill without required EIA", "title_es": "Relleno sanitario de Limón sin EIA requerido", "summary_en": "The Constitutional Chamber dismisses an amparo action against the installation of a landfill in Limón, finding no violation of fundamental rights. The plaintiff argued that no environmental impact assessment (EIA) was conducted and nearby communities were not consulted. The Ministry of Health granted sanitary approval to the project by Labor Cofinco S.A. for a landfill designed for 69,000 inhabitants. The Chamber determines that, under Executive Decree 27443-S, which amended Article 39 of Decree 19049-S, manual sanitary landfills with a design population equal to or less than 75,000 are exempt from EIA, provided they meet the decree's requirements. Additionally, it is shown that neighboring communities were given an opportunity to be heard. The ruling emphasizes the State's duty to ensure a healthy environment through preventive measures like EIA, and that these requirements must be defined by law or regulation.", "primary_topic_id": null, "topic_ids": [], "date": "17/10/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0007-197535.json", "html_url": "/legal/doc/nexus-sen-1-0007-197535", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-197535" }, { "id": "nexus-sen-1-0007-198042", "citation": "Res. 05210-1997 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Maritime-terrestrial zone concessions and condominium regime in Papagayo Project", "title_es": "Concesiones en zona marítimo terrestre y propiedad horizontal en Proyecto Papagayo", "summary_en": "The Constitutional Chamber dismisses a constitutional challenge against regulations allowing construction under the condominium regime and mortgage liens on concessions, buildings, and improvements in the restricted zone of the Papagayo Gulf Tourism Project. The plaintiff argued these measures artificially removed property from the public domain and violated the Constitution. The Court held that concessions over public domain assets create an administrative real right, susceptible to being used as collateral, and that the compatible application of the condominium regime does not divest the State of its ownership or infringe constitutional principles. It emphasized that the maritime-terrestrial zone is not extensively regulated by the Constitution, leaving the legislature broad discretion to establish special regimes, provided they meet a reasonableness standard. The ruling confirms the legality of the special regulatory framework for tourism development in Papagayo and the use of concessions as loan collateral.", "primary_topic_id": "_off-topic", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "02/09/1997", "year": "1997", "json_url": "/data/legal/docs/nexus-sen-1-0007-198042.json", "html_url": "/legal/doc/nexus-sen-1-0007-198042", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-198042" }, { "id": "nexus-sen-1-0007-201371", "citation": "Res. 04947-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to a Healthy Environment, Health, and Sugarcane Burning — Principle of Prudence and Interinstitutional Coordination", "title_es": "Derecho al ambiente sano, salud y quema de cañales — principio de prudencia y coordinación interinstitucional", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of Paso Tempisque, Palmira, Los Jocotes, and the Filadelfia de Carrillo area against the Ministry of Health, MAG, MINAE, and Central Azucarera Tempisque S.A. (CATSA). The claimants argue that foul odors from a sedimentation lagoon and the burning of 5,000 hectares of sugarcane by CATSA violate their rights to a healthy and ecologically balanced environment and to health. The Chamber finds that the foul odors persist despite treatment systems, constituting a violation of these rights. Regarding the burns, although it cannot technically determine their impact, there is strong evidence of environmental and health effects; moreover, CATSA has not requested a burning permit since 1995. The Chamber criticizes the complete lack of coordination among the ministries to address the problem and the inaction of MAG, which, despite knowing of the burning, failed to report or coordinate with other entities. It applies the pro homine and pro libertatis principles but refuses to order the mill’s closure as disproportionate and under the principle of prudence. It orders the three ministries and CATSA to jointly prepare and implement a plan to reasonably solve the problems within ten months, under penalty of contempt. The State is ordered to pay costs, damages, and losses.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "24/05/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-201371.json", "html_url": "/legal/doc/nexus-sen-1-0007-201371", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-201371" }, { "id": "nexus-sen-1-0007-201423", "citation": "Res. 05472-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "River pollution from administrative inaction and the duty of prevention", "title_es": "Contaminación de ríos por inercia administrativa y obligación preventiva", "summary_en": "The Constitutional Chamber hears an amparo action filed by two conservation associations and residents of Ciruelas de Alajuela against MINAE, the Ministry of Health, the Municipality of Alajuela, the Environmental Administrative Tribunal, and Tunatun Internacional Costa Rica S.A., for the pollution of the Siquiares River and the Turrúcares springs. The claimants had reported since February 2001 that the company was discharging poorly treated wastewater, affecting drinking water sources, agriculture, and wildlife, without timely action by the authorities. The Chamber finds that the Ministry of Health granted a provisional operating permit without having verified the effectiveness of the treatment system, thus enabling the pollution. Although the company was later shut down, the Chamber grants the appeal, holding that the right to a healthy and ecologically balanced environment (Article 50 of the Constitution) was violated. It emphasizes that authorities must prevent environmental harm before authorizing activities and that administrative inaction breaches this cross-cutting right. It orders the State and the company to pay costs, damages, and losses.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "04/06/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-201423.json", "html_url": "/legal/doc/nexus-sen-1-0007-201423", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-201423" }, { "id": "nexus-sen-1-0007-204251", "citation": "Res. 07391-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Stand by what was decided — Tariff requirements merely reiterate existing law", "title_es": "Estése a lo resuelto — Requisitos tarifarios reiteran ley vigente", "summary_en": "The Constitutional Chamber dismisses an amparo filed by a transport company against the Public Services Regulatory Authority (ARESEP). The petitioner argued that the requirements demanded by the Authority to process a tariff increase request were irrational, disproportionate, and impossible to fulfill, resulting in a denial of administrative justice and violating the principles of legality and patrimonial intangibility. The Chamber relies on the precedent set in ruling 2002-02625, which rejected a constitutional challenge to the \"Guidelines on requirements for tariff petitions.\" That ruling found the guidelines did not create new requirements but merely reiterated obligations already imposed by laws such as Law 7593 (ARESEP Law), Law 7969 (paid taxi transport), the CCSS Constitutive Law, and the Labor Code. Since the requirements are constitutional and legitimate, the Chamber concludes the Authority acted lawfully in requesting them, making the amparo inadmissible. The decision merely applies precedent without a new substantive analysis.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/07/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-204251.json", "html_url": "/legal/doc/nexus-sen-1-0007-204251", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-204251" }, { "id": "nexus-sen-1-0007-206679", "citation": "Res. 00395-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance petition dismissed when judgment imposes no time limit", "title_es": "Improcedencia de gestión de incumplimiento por ausencia de plazo en sentencia", "summary_en": "The Constitutional Chamber reviews a non-compliance petition against a Labor Court, where the petitioner alleges disobedience of judgment 10667-2000, which granted an amparo and ordered the State to pay costs, damages, and losses. The Chamber finds that, although the petitioner's request for enforcement of the judgment remains unresolved, the operative part of the earlier judgment did not set any deadline for resolution. Consequently, the non-compliance petition is deemed inadmissible and dismissed. The ruling focuses strictly on the procedural aspect of the compliance mechanism and does not delve into substantive environmental or other legal issues.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/01/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-206679.json", "html_url": "/legal/doc/nexus-sen-1-0007-206679", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-206679" }, { "id": "nexus-sen-1-0007-209258", "citation": "Res. 06503-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of unconstitutionality claim against RITEVE concession", "title_es": "Rechazo de inconstitucionalidad contra concesión RITEVE", "summary_en": "The Constitutional Chamber dismissed outright an unconstitutionality action against clauses 2.1 and 3.1.20 of the service contract for integrated vehicle technical inspection awarded to the RITEVE-SYC consortium. The plaintiffs argued that the contract created a private monopoly prohibited by Article 46 of the Constitution, violating freedom of enterprise and the right to a healthy environment. The Chamber considered that the matter had already been examined in ruling 2002-6381 and prior amparo appeals, where it was determined that vehicle technical inspection is a public service provided under a state monopoly, which may be granted to private parties, and that the constitutional route is not the proper means to challenge a final award decision. As it was a reiteration of already resolved arguments and the unconstitutionality action was not the proper procedural mechanism, Article 9 of the Constitutional Jurisdiction Law was applied for its preliminary dismissal.", "primary_topic_id": null, "topic_ids": [], "date": "03/07/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-209258.json", "html_url": "/legal/doc/nexus-sen-1-0007-209258", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-209258" }, { "id": "nexus-sen-1-0007-214209", "citation": "Res. 08223-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of amparo against vehicle inspection schedule and RITEVE contract", "title_es": "Improcedencia del amparo contra calendario de revisión técnica vehicular y contrato RITEVE", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a deputy against the Minister of Public Works and Transport and the Public Transport Council, alleging constitutional violations stemming from the scheduling and fee increase for mandatory vehicle technical inspections, and from alleged irregularities in the RITEVE-SYC contract. The Chamber found the challenge to the inspection schedule and fees inadmissible, as it involved an ordinary legality dispute rather than a direct fundamental rights violation. Regarding the contract and the single-concessionaire model, the Chamber upheld its own precedent (Decision 2001-07830), which had already found that the Ministry’s failure to formalize the contract violated the principles of legality and legitimate expectations, and had ordered its execution within a strict deadline. As no grounds existed to deviate from that precedent, the amparo was dismissed on the merits as to these issues. The claim that a different entity would ultimately perform the inspections was deemed outside the Chamber’s jurisdiction, to be litigated in ordinary courts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/08/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-214209.json", "html_url": "/legal/doc/nexus-sen-1-0007-214209", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-214209" }, { "id": "nexus-sen-1-0007-218110", "citation": "Res. 06380-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Burden of proof in environmental complaints before the TAA not reviewable for unconstitutionality without final act", "title_es": "Carga de la prueba en denuncias ambientales ante el TAA no revisable por inconstitución sin acto final", "summary_en": "The Constitutional Chamber rejects outright an unconstitutionality claim filed against Article 109 of the Biodiversity Law (which shifts the burden of proof in administrative proceedings for environmental damage) and Article 9(l) of the Mining Code Regulations. The claimant, who faced an environmental complaint before the Environmental Administrative Tribunal (TAA) for pollution from a stone-crushing operation, argued that the burden of proof should lie with the State, alleging a violation of the presumption of innocence. The Chamber finds that because the administrative proceeding is still in the investigative phase and no final act has been issued, the claim is premature. Under Article 75 of the Constitutional Jurisdiction Law, established case law requires exhaustion of administrative remedies — meaning a final act must be challenged via internal appeals — as a prerequisite for admissibility, so the challenge is dismissed without a merits review.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "procedural-environmental" ], "date": "26/06/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-218110.json", "html_url": "/legal/doc/nexus-sen-1-0007-218110", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-218110" }, { "id": "nexus-sen-1-0007-222681", "citation": "Res. 10349-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Judicial consultation on article 30(j) CPP in forestry offenses", "title_es": "Consulta judicial sobre artículo 30 inciso j) CPP en delitos forestales", "summary_en": "The Constitutional Chamber dismisses as inadmissible the judicial consultation filed by the Criminal Court of Pococí regarding the application of article 30(j) of the Code of Criminal Procedure —which allows comprehensive redress of social harm as a precautionary measure— to offenses under the Forestry Law. The referring judge had well-founded doubts as to whether such application would violate the legality principles enshrined in articles 39 and 41 of the Constitution, given that the protected legal interest is state property. The Chamber clarifies that the consultation does not concern the constitutionality of the norm itself, but rather a potentially unconstitutional interpretation thereof, which falls outside the scope of the consultative mechanism provided for in article 102 of the Constitutional Jurisdiction Law. Consequently, the Chamber declines to answer the consultation, deeming it manifestly inadmissible, without ruling on the merits.", "primary_topic_id": null, "topic_ids": [], "date": "30/10/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-222681.json", "html_url": "/legal/doc/nexus-sen-1-0007-222681", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-222681" }, { "id": "nexus-sen-1-0007-222807", "citation": "Res. 01439-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Chamber dismisses fishermen's amparo against fuel price increase as not involving fundamental rights", "title_es": "La Sala Constitucional rechaza amparo de pescadores contra aumento de combustibles por no versar sobre derechos fundamentales", "summary_en": "The fishing company Inversiones Industriales Al Mar S.A. and several coadjuvants filed an amparo appeal against the Regulatory Authority for Public Services (ARESEP). They claimed that ARESEP had illegally modified Article 45 of the INCOPESCA Creation Law (No. 7384), eliminating the favorable tax treatment the national fishing fleet received on fuel prices, which would cause an excessive increase and halt activities. The Constitutional Chamber dismissed the appeal, finding that the conflict was a matter of mere legality, not constitutionality. It determined that disputes over the validity or effectiveness of laws, as well as interpretations of their scope, must be resolved by the Administration itself through pertinent administrative remedies, or by the Administrative Contentious Jurisdiction, not by amparo. Furthermore, it noted that it was not conclusively proven that the price increase was irrational or that the favorable treatment had disappeared, since the challenged resolution maintained a differentiated pricing scheme favorable to fishermen.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/02/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-222807.json", "html_url": "/legal/doc/nexus-sen-1-0007-222807", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-222807" }, { "id": "nexus-sen-1-0007-226826", "citation": "Res. 00415-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Summary dismissal of amparo for INCAPACITY claim against INS", "title_es": "Rechazo de plano de amparo por reclamo de incapacidad al INS", "summary_en": "The Constitutional Chamber summarily dismisses the amparo filed against the National Insurance Institute (INS) for non-payment of disability benefits following a traffic accident. The petitioner claims INS failed to pay the disability allowance covering December 23, 2002, to January 1, 2003. The Chamber finds the amparo inadmissible because it raises no constitutional issues—it is a mere claim of ordinary legality and administrative non-compliance, which must be addressed by the respondent authority itself. The court emphasizes that the amparo remedy protects fundamental rights against concrete violations by public bodies, not ordinary pecuniary claims or administrative disputes. Lacking any direct constitutional harm, the petition is dismissed outright under Article 9 of the Constitutional Jurisdiction Law without reaching the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/01/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-226826.json", "html_url": "/legal/doc/nexus-sen-1-0007-226826", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-226826" }, { "id": "nexus-sen-1-0007-230500", "citation": "Res. 00738-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to build conveyor belt in maritime-terrestrial zone not exercised during incentive regime's validity", "title_es": "Derecho a construir faja transportadora en zona marítimo terrestre no ejercido durante vigencia del régimen de incentivos", "summary_en": "The Constitutional Chamber rejects the amparo action filed by Cementos del Pacífico S.A., which sought recognition of its right to build a cement conveyor belt in the maritime-terrestrial zone based on Law 5420 of 1973 and the 1963 Central American Fiscal Incentives Agreement. The Chamber finds that, although the company obtained an incentive regime approved by law, it never exercised that right during the period of validity of those legal instruments. The regime was repealed—the 1963 Agreement by the 1983 Tariff Agreement and Law 5420 was affected by the 1975 constitutional reform that eliminated law-contracts—before the company carried out the construction. The Chamber applies the doctrine of survival of abolished law, but concludes that it only protects rights that were effectively exercised or consolidated legal situations during the repealed law's validity. Since the company did not build the conveyor belt or begin the necessary procedures in time, its right expired and it must comply with current regulations.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "31/01/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-230500.json", "html_url": "/legal/doc/nexus-sen-1-0007-230500", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-230500" }, { "id": "nexus-sen-1-0007-233096", "citation": "Res. 05245-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Partial Unconstitutionality of the Archaeological Studies Regulation", "title_es": "Inconstitucionalidad parcial del Reglamento de Estudios Arqueológicos", "summary_en": "The Constitutional Chamber partially grants an unconstitutionality action against Executive Decree 28174-MP-MINAE-MEIC, which regulated procedures for archaeological studies in Costa Rica. The Chamber annuls provisions that excluded entire historical periods (1500 B.C. to 1450 A.D. and prior to 10,000 B.C.) from protection, established a positive silence allowing work to continue if the National Museum did not act within 15 days, and eliminated the archaeological component from environmental impact assessments. The ruling reaffirms that archaeological heritage is public domain, that the State must exercise preventive control, and that its protection is part of the environment (Article 50 of the Constitution). It upholds the requirement of landowner authorization for excavation but clarifies that, if refused, the State may resort to precautionary measures and judicial proceedings to ensure protection.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "29/05/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-233096.json", "html_url": "/legal/doc/nexus-sen-1-0007-233096", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-233096" }, { "id": "nexus-sen-1-0007-236027", "citation": "Res. 02771-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Presidential re-election — annulment of partial reform due to substantive defect", "title_es": "Reelección presidencial — anulación de reforma parcial por vicio material", "summary_en": "The Constitutional Chamber annulled the 1969 reform of Article 132(1) of the Constitution, which had imposed a total ban on presidential re-election. The majority held that the Legislative Assembly, exercising derived constituent power through the partial reform procedure (Article 195), lacked competence to restrict, limit, or eliminate a fundamental right — specifically, the political right of citizens to freely choose their leaders and the right to be elected, as originally established by the constituent power and reinforced by Article 23 of the American Convention on Human Rights. The Chamber ruled that constitutional norms concerning fundamental rights and fundamental political decisions, such as the re-election regime, can only be amended in a restrictive manner by a constituent assembly convened under Article 196. The partial reform amounted to an irreparable substantive defect. Consequently, Law No. 4349 was annulled with retroactive effects, reviving the original text that allowed re-election after an eight-year interval. To safeguard legal certainty, the effects were delimited so that all acts carried out under the annulled provision during its validity were deemed valid. The judgment included dissenting votes arguing the prohibition did not eliminate the essential content of the right to vote.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/04/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-236027.json", "html_url": "/legal/doc/nexus-sen-1-0007-236027", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-236027" }, { "id": "nexus-sen-1-0007-239147", "citation": "Res. 06322-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutionality of Exempting Manual Sanitary Landfills from EIA", "title_es": "Inconstitucionalidad de exención de EIA para rellenos sanitarios manuales", "summary_en": "The Constitutional Chamber heard actions of unconstitutionality against Executive Decree No. 27443-S, which amended the Waste Management Regulations to exempt municipalities from preparing prior environmental impact assessments (EIA) for the construction and operation of manual sanitary landfills serving design populations of 75,000 or fewer. The plaintiffs argued violation of the right to a healthy and ecologically balanced environment (Article 50 of the Constitution) and the precautionary principle. The Chamber upheld the claim and annulled the exemption, holding that the EIA is an indispensable technical instrument for preventing environmental harm, and that its omission based solely on municipal financial limitations empties the fundamental right to the environment of its substance. By connection and consequence, it also annulled a similar exemption contained in an earlier reform (Decree No. 25128-S). The judgment has declaratory and retroactive effects to the effective dates of the annulled norms, without prejudice to good-faith acquired rights.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554" ], "date": "03/07/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-239147.json", "html_url": "/legal/doc/nexus-sen-1-0007-239147", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-239147" }, { "id": "nexus-sen-1-0007-241772", "citation": "Res. 03480-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of the Playa Platanares Regulatory Plan Versus the Preciosa-Platanares National Wildlife Refuge", "title_es": "Constitucionalidad del Plan Regulador de Playa Platanares frente al Refugio Nacional de Vida Silvestre Preciosa-Platanares", "summary_en": "The Constitutional Chamber reviews a claim of unconstitutionality against the Playa Platanares Coastal Tourism Regulatory Plan, approved by the Municipality of Golfito in 1999. The claimant argues that the plan spatially overlaps with the Preciosa-Platanares National Wildlife Refuge, created by executive decree, and that this overlap amounts to an illegal declassification of a protected area and a violation of the constitutional right to a healthy environment (Articles 21, 50, and 89 of the Constitution). The Chamber analyzes the public-domain regime of protected areas, the impossibility of declassifying them by municipal act, and the precautionary principle. Given the lack of scientific certainty about the overlap—the GPS study has a significant margin of error—the Chamber concludes that unconstitutionality cannot be declared, because the precautionary principle requires certainty of the risk-generating fact, not merely doubt about its effects. It dismisses the claim but orders the Ministry of Environment and Energy to conduct precise topographic studies within three months and, if invasion is confirmed, to recover the lands.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "art-50-constitution", "wildlife-law-7317" ], "date": "02/05/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-241772.json", "html_url": "/legal/doc/nexus-sen-1-0007-241772", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-241772" }, { "id": "nexus-sen-1-0007-242034", "citation": "Res. 04452-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Temporary transit permit through Tortuguero National Park does not violate environmental rights", "title_es": "Autorización temporal de tránsito por Parque Nacional Tortuguero no viola derecho ambiental", "summary_en": "The Constitutional Court dismissed an amparo petition filed against officials of the Tortuguero Conservation Area who temporarily authorized vehicle transit along a trail inside Tortuguero National Park to transport food to the community of Barra de Tortuguero, due to inaccessibility of water routes caused by a drought. The petitioner alleged violation of the right to a healthy and ecologically balanced environment, and contradiction with a prior ruling of the same Court that had prevented the opening of a public road in the park. The Court found no violation, because the measure was adopted in a state of urgent necessity to protect the population, was limited to the strictly necessary time, included environmental mitigation measures, and did not imply abandoning the park's protection, given that both rights —environmental protection and human life— were reconcilable.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "23/05/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-242034.json", "html_url": "/legal/doc/nexus-sen-1-0007-242034", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-242034" }, { "id": "nexus-sen-1-0007-242094", "citation": "Res. 04654-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Fundamental right to drinking water — duty of supply", "title_es": "Derecho fundamental al agua potable — deber de suministro", "summary_en": "The Constitutional Chamber recognizes a fundamental right to drinking water, derived from the rights to health, life, a healthy environment, food, and adequate housing, based on Article 50 of the Constitution and international instruments such as the Protocol of San Salvador. It grants the amparo filed by an architect against the Heredia Public Services Company (ESPH), which had denied water supply to a lot in San Isidro de Heredia. Although the company argued technical reasons —summer shortage, conveyance piping instead of distribution—, the Chamber held that the Administration cannot hide behind alleged lack of resources to fail its duty to provide basic public services, when the land is suitable for housing and progressive but enforceable obligations exist. It orders ESPH to supply the service within six months, with warning of imprisonment or fine in case of non-compliance, and awards costs, damages, and losses. The ruling establishes that the right to drinking water is enforceable when the State must reasonably provide it, setting a key precedent on the justiciability of economic, social, and cultural rights in Costa Rica.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "27/05/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-242094.json", "html_url": "/legal/doc/nexus-sen-1-0007-242094", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-242094" }, { "id": "nexus-sen-1-0007-243328", "citation": "Res. 04495-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Public Security's Duty to Assist in Environmental Evictions", "title_es": "Obligación de seguridad pública de colaborar en desalojos ambientales", "summary_en": "The Constitutional Chamber reviews an amparo action filed by the Federation for Environmental Conservation (FECON) against the Ministers of Environment and Energy and Public Security. The claim alleges that both ministries violated Article 50 of the Constitution by failing to promptly evict squatters from an expansion zone of Manuel Antonio National Park, designated as part of an inter-oceanic biological corridor. The Chamber finds that MINAE took sufficient steps, but the Ministry of Public Security unjustifiably denied the requested assistance, thus breaching the duty to protect a healthy environment. It orders the Security Minister to immediately provide the necessary collaboration, under warning of sanctions, and condemns the State to pay costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [], "date": "23/05/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-243328.json", "html_url": "/legal/doc/nexus-sen-1-0007-243328", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-243328" }, { "id": "nexus-sen-1-0007-248593", "citation": "Res. 08220-2001 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality May Not Alter the Designation of Communal Green Zones and Parks", "title_es": "Municipalidad no puede cambiar el destino de zonas verdes y parques comunales", "summary_en": "The Constitutional Court reviewed an amparo action against the Municipality of Tibás over the alleged donation of park and green-zone land to community groups. Although the Court found no evidence that such donations had occurred —the Municipality had only approved cooperation agreements without transferring ownership— it set binding criteria on the limits of municipal autonomy regarding the constitutional right to a healthy environment. It reaffirmed that municipalities cannot convert recreational green areas into facilities that are not strictly communal amenities, nor unilaterally eliminate land designated as a park under the Urban Planning Law. Any change of designation requires a formal law and must compensate the community with an equivalent space. The claim was dismissed because the alleged facts were not proven, but the respondent authority was warned of the constitutional limits on future actions.", "primary_topic_id": null, "topic_ids": [], "date": "14/08/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0007-248593.json", "html_url": "/legal/doc/nexus-sen-1-0007-248593", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-248593" }, { "id": "nexus-sen-1-0007-248624", "citation": "Res. 08678-2001 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutionality of three-year negative prescription term in National Reserves Titling Law", "title_es": "Inconstitucionalidad del plazo trienal de prescripción negativa en Ley de Titulación de Reservas Nacionales", "summary_en": "The Constitutional Chamber ruled on a judicial consultation from the Agrarian Court of Liberia regarding the constitutionality of Article 15 of the National Reserves Land Titling Law (Law No. 7599). That article limited to three years from registration the period for third parties with superior rights to reclaim property, and allowed the titleholder's ownership to be validated thereafter. The Chamber reiterated its holding from decision 2001-08560, which declared the entire Law unconstitutional for violating Articles 7, 33, 39, 45, 50, 89, and 121(14) of the Constitution. The summary procedure lacked publicity and participation of the Attorney General's Office, leaving legitimate owners and possessors defenseless and exposing public domain lands and protected areas to improper titling, with serious environmental risk. The declaration of unconstitutionality was retroactive but limited to preserve good-faith acquired rights if the three-year challenge period had elapsed, without prejudice to state recovery actions for public lands.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "29/08/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0007-248624.json", "html_url": "/legal/doc/nexus-sen-1-0007-248624", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-248624" }, { "id": "nexus-sen-1-0007-249008", "citation": "Res. 07744-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of public services to street vendors in a municipal park", "title_es": "Suspensión de servicios públicos a vendedores ambulantes en parque municipal", "summary_en": "The Constitutional Chamber reviews a writ of amparo filed by street vendors at Parque La Paz against ICODER for cutting off water and electricity services they had been receiving. The petitioners argued that these services were an essential part of their vending permit and that the arbitrary interruption violated their labor rights. The Chamber examines the contract called “Permiso de Venta Ambulantes del Parque de la Paz Contrato-020-97” and notes that it does not obligate ICODER to provide such services. It also points out that the permit holders are street vendors, not stationary vendors, so water and electricity are not indispensable for their activity. The Chamber concludes that the institute’s action does not violate any fundamental right and dismisses the amparo on the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/07/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-249008.json", "html_url": "/legal/doc/nexus-sen-1-0007-249008", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-249008" }, { "id": "nexus-sen-1-0007-260291", "citation": "Res. 01923-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Groundwater, Poás aquifer, and precautionary principle in urban development project", "title_es": "Aguas subterráneas, acuífero de Poás y principio precautorio en proyecto urbanístico", "summary_en": "The Constitutional Chamber reviews the environmental clearance granted to the 'Linda Vista' high-density residential project, which relies on individual septic tanks and is situated on the recharge zone of the Poás aquifer. The Chamber finds the aquifer to be highly vulnerable to contamination, notes that existing hydrogeological studies are contradictory, and concludes that there is no scientific certainty regarding the project's safety. Applying the precautionary principle (in dubio pro natura), it annuls the administrative authorizations and orders relevant government bodies to implement protective measures—such as establishing protection perimeters—and remedy multiple omissions in the management and protection of groundwater resources.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "art-50-constitution", "water-law" ], "date": "25/02/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-260291.json", "html_url": "/legal/doc/nexus-sen-1-0007-260291", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-260291" }, { "id": "nexus-sen-1-0007-264753", "citation": "Res. 14603-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Eviction from public zone of the Maritime Terrestrial Zone without right of occupation", "title_es": "Desalojo en zona pública de la Zona Marítimo Terrestre sin derecho de ocupación", "summary_en": "The Constitutional Chamber dismisses an amparo appeal against the Municipality of Osa concerning the eviction and demolition of structures located within the public zone of the Maritime Terrestrial Zone. The appellant, who ran a restaurant and residence in Dominicalito, claimed her rights were violated because the eviction was carried out while an appeal was pending. The Chamber determines that the illegally occupied land is in the public zone, a inalienable and imprescriptible public domain asset over which no private individual may claim rights according to the Maritime Terrestrial Zone Law. Moreover, it notes that the appellant's concession application had been rejected because the area is a non-concessible wetland protection zone. Regarding the appeal argument, the Chamber clarifies that firm administrative acts are enforceable even with pending appeals, pursuant to article 146 of the General Public Administration Act, and that the documentation does not show that such an appeal was filed. The Chamber concludes there is no violation of fundamental rights and that the defense of the State's patrimonial interests prevails over illegitimate occupation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "12/12/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-264753.json", "html_url": "/legal/doc/nexus-sen-1-0007-264753", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-264753" }, { "id": "nexus-sen-1-0007-265275", "citation": "Res. 01788-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Mining pit exploitation does not violate environmental right if it meets technical conditions", "title_es": "Explotación de tajo no lesiona derecho ambiental si cumple condiciones técnicas", "summary_en": "The Constitutional Chamber dismissed an amparo filed by members of an environmental protection council against the Ministry of Environment and Energy (MINAE), the National Environmental Technical Secretariat (SETENA), and the Directorate of Geology and Mines. The plaintiffs claimed that the mining concession for sand and gravel extraction at the Loma Barrantes pit in Aguas Zarcas harmed the environment because the area was forested and contained water springs. After reviewing the administrative file and additional evidence requested from SENARA and the Technological Institute of Costa Rica, the Chamber concluded that the site did not qualify as a forest under the Forestry Law, there was no shallow water table, and the small springs were seasonal and low-flow. It held that the project could be carried out sustainably if the imposed technical conditions were met. However, it ordered the authorities to exercise strict control through quarterly inspections, define a mitigation ring and a protection zone for the springs, and send reports to the plaintiffs.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575" ], "date": "20/02/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-265275.json", "html_url": "/legal/doc/nexus-sen-1-0007-265275", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-265275" }, { "id": "nexus-sen-1-0007-265679", "citation": "Res. 02473-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Precautionary principle requires denial of forestry permits without scientific studies", "title_es": "Principio precautorio obliga a denegar permisos forestales sin estudios científicos", "summary_en": "The Constitutional Chamber granted protection to Nicoya residents against forestry permits issued without an ecological diagnosis. The MINAE Subregional Office was authorizing logging despite warnings from its own evaluator about species with reduced or threatened populations. The Chamber reaffirmed the State's duty to safeguard a healthy and ecologically balanced environment (Constitution arts. 21, 50, 73, 89) and held that the precautionary principle (in dubio pro natura), enshrined in the Rio Declaration (Principle 15) and Biodiversity Law art. 11, compels authorities to deny permits absent scientific certainty about harmlessness. Merely commissioning a future study does not justify indiscriminate permits; the lack of technical studies demonstrating sustainability forces suspension of authorizations until uncertainty is resolved, prioritizing resource protection before degradation. The State was ordered to pay costs, damages, and losses.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "art-50-constitution", "biodiversity-law-7788", "forestry-law-7575" ], "date": "12/03/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-265679.json", "html_url": "/legal/doc/nexus-sen-1-0007-265679", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-265679" }, { "id": "nexus-sen-1-0007-272729", "citation": "Res. 04522-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on exclusion of tourist guides in Manuel Antonio National Park", "title_es": "Amparo por exclusión de guías turísticos en Parque Nacional Manuel Antonio", "summary_en": "The Constitutional Chamber hears an amparo filed by Rodrigo Abarca Núñez against the Administrator of Manuel Antonio National Park. The petitioner claims his work as a tourist guide is obstructed, while the activity is permitted exclusively to guides who have formed an association, violating his rights. The Administrator reports under oath that the petitioner has never been prevented from working, that no association holds exclusivity, and that the petitioner continues to work in the park. The Chamber finds the alleged facts were not proven and thus no violation of fundamental rights is established. The amparo is denied.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "30/04/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-272729.json", "html_url": "/legal/doc/nexus-sen-1-0007-272729", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-272729" }, { "id": "nexus-sen-1-0007-279075", "citation": "Res. 06581-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Pollution by tuna processing company persists despite prior ruling", "title_es": "Contaminación por empresa procesadora de atún persiste pese a sentencia previa", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by two conservationist associations against Tunatun Internacional Costa Rica S.A. and several state authorities, alleging that the company continued to discharge wastewater and improperly accumulate waste, causing pollution in the Ciruelas de Alajuela area, despite a prior ruling (No. 2002-05472) condemning the same company for similar acts. The Chamber found that although the Ministry of Health had carried out inspections and issued sanitary orders, the problems persisted, as acknowledged by its own officials. Moreover, the Minister of Environment admitted that the treatment plant was not functioning properly. The Chamber held that state intervention was insufficient to guarantee the right to a healthy environment and health, and that preventive protection is essential given the difficulty of remedying environmental damage. It granted the amparo, ordered the immediate suspension of production and discharges, and held the company and the State jointly liable for costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [], "date": "11/06/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-279075.json", "html_url": "/legal/doc/nexus-sen-1-0007-279075", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-279075" }, { "id": "nexus-sen-1-0007-284431", "citation": "Res. 08402-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal inaction in protecting the maritime-terrestrial zone", "title_es": "Inacción municipal en la protección de la zona marítimo terrestre", "summary_en": "The Constitutional Chamber heard an amparo filed by Arbolindo S.A. against the Municipal Council and Mayor of Osa, who had been processing a concession application in Playa Uvita since 1993. While awaiting approval of the regulatory plan, a third party invaded the land, cut down trees, built illegal structures, and exploited the flora and fauna without authorization. Despite repeated complaints and demolition recommendations from the Maritime-Terrestrial Zone Department, the municipality failed to act promptly. The Chamber found that the municipal administration took over a year to initiate sanctioning proceedings, exceeding any reasonable timeframe. The amparo was granted, and the Municipality was condemned to pay costs, damages, and losses for violating the right to prompt and fulfilled justice and the duty to protect the environment under Article 50 of the Constitution.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "30/07/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-284431.json", "html_url": "/legal/doc/nexus-sen-1-0007-284431", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-284431" }, { "id": "nexus-sen-1-0007-284959", "citation": "Res. 09596-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Construction permit in Tivives Protected Zone not a municipal matter", "title_es": "Permiso de construcción en Zona Protectora Tivives no es competencia municipal", "summary_en": "The Constitutional Court dismisses an amparo action against the Municipality of Esparza, which had denied a construction permit for a property located within the Tivives Protected Zone. The Court finds the municipal action lawful, as the property falls under a special legal regime established by Executive Decree No. 17023-MAG and the Forestry Law, removing it from municipal jurisdiction. The petitioner argued violation of due process due to lack of reasoning in the denial, but the Court considers that the ordinary municipal visa procedure was followed and that ordinary remedies were available. The ruling reaffirms the protection of wetlands and mangroves as ecosystems of public interest, in line with prior jurisprudence that annulled disposal acts over these lands and declared unconstitutional a reduction of the protected zone area.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "31/08/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-284959.json", "html_url": "/legal/doc/nexus-sen-1-0007-284959", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-284959" }, { "id": "nexus-sen-1-0007-285625", "citation": "Res. 14046-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with ruling on Tivives Protective Zone", "title_es": "Incumplimiento de sentencia sobre Zona Protectora de Tivives", "summary_en": "The Constitutional Chamber upholds a claim of non-compliance against the Agrarian Development Institute (IDA), finding that more than eight years after being ordered, the measures required by ruling 1994-01763 have not been executed. That ruling had annulled land parcel adjudications made by IDA within the Tivives Protective Zone between 1986 and 1994, for having improperly disposed of forest-protected lands. IDA argued difficulties in relocating over two hundred families, lack of institutional support, and the need to compensate improvements, but the Chamber considers these arguments were already presented and rejected in 1995, when a relocation plan was approved with a 1998 deadline. It also notes that the Executive President replied late and by copying another official's text, demonstrating lack of interest. The Chamber orders certification of documents to the Public Prosecutor's Office to investigate the non-compliance and reiterates that IDA must effectively comply with the 1994 ruling.", "primary_topic_id": null, "topic_ids": [], "date": "03/12/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-285625.json", "html_url": "/legal/doc/nexus-sen-1-0007-285625", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-285625" }, { "id": "nexus-sen-1-0007-286491", "citation": "Res. 04944-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dike construction without environmental impact studies violates right to a healthy environment", "title_es": "Construcción de diques sin estudios de impacto ambiental vulnera derecho a ambiente sano", "summary_en": "The Constitutional Chamber grants an environmental amparo filed by a representative of the San Pancracio Settlement in Siquirres against two banana companies, the Ministry of Environment and Energy, the Ministry of Health, and the Municipality of Siquirres. The Chamber finds that COBAL and BANDECO built and repaired dikes on the banks of the Pacuare and Reventazón Rivers without environmental impact studies or the required permits. Although it is not proven that the dikes directly caused the reported floods, the lack of technical evaluation makes it impossible to rule out that they exacerbated the effects. The Chamber holds that bypassing legal procedures violates the right to a healthy environment and health (Articles 21 and 50 of the Constitution), attributable to both the companies and the authorities due to negligence in their oversight duties. It orders to cease new works without permits, to carry out the missing technical studies, and imposes costs and damages.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554" ], "date": "06/05/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-286491.json", "html_url": "/legal/doc/nexus-sen-1-0007-286491", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-286491" }, { "id": "nexus-sen-1-0007-287022", "citation": "Res. 08928-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of San Lucas Island National Wildlife Refuge", "title_es": "Constitucionalidad del Refugio Nacional de Vida Silvestre Isla San Lucas", "summary_en": "The Constitutional Chamber dismisses the unconstitutionality action against Executive Decree 29277-MINAE, which declared San Lucas Island a National Wildlife Refuge and the Puntarenas estuary a wetland. The Municipality of Puntarenas, represented by its mayor, alleged that the decree violated municipal autonomy and the principle of normative hierarchy by removing its authority over those areas. The Chamber concludes that environmental protection transcends local interest and is a matter of national concern, so the Executive Branch acted within its legal powers. It determines that the declared areas are public domain property belonging to the Nation, and that the laws transferring them to the Municipality only granted administrative control, not ownership. The Chamber also notes that the lack of prior municipal authorization, required by Article 84 of the Wildlife Conservation Law, is a matter of mere legality to be discussed in the administrative contentious jurisdiction, not at the constitutional level.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "18/08/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-287022.json", "html_url": "/legal/doc/nexus-sen-1-0007-287022", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-287022" }, { "id": "nexus-sen-1-0007-287963", "citation": "Res. 01314-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas corpus regarding detention and complaint against La Amistad Park rangers", "title_es": "Hábeas corpus por detención y denuncia contra guardaparques del Parque La Amistad", "summary_en": "The Constitutional Chamber dismissed a habeas corpus petition filed by an individual who claimed illegal detention by rangers of La Amistad International Park and the Pérez Zeledón Prosecutor's Office, as well as refusal to accept his complaint. The petitioner alleged he was beaten, handcuffed, and transported without cause, but the Chamber found that the petitioner had first assaulted a park ranger, justifying his immobilization. Multiple criminal cases were pending against the petitioner for illegal timber harvesting and assault on public officials. The Chamber held that the initial detention was not unlawful, and the pre‑trial detention — later revoked — was a matter for the criminal courts. It also confirmed that the Prosecutor's Office had received the petitioner's complaint before the habeas corpus was filed. All claims were dismissed, while the petitioner retained the option to request an investigation by the Public Ministry's Inspectorate.", "primary_topic_id": null, "topic_ids": [], "date": "11/02/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-287963.json", "html_url": "/legal/doc/nexus-sen-1-0007-287963", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-287963" }, { "id": "nexus-sen-1-0007-288676", "citation": "Res. 09931-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Forest harvesting on private property within an indigenous reserve without prior consultation", "title_es": "Aprovechamiento forestal en propiedad privada dentro de reserva indígena sin consulta previa", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by the National Commission of Indigenous Affairs (CONAI) against a forest harvesting permit granted by MINAE on a private property located within the Cabécar Indigenous Reserve of Bajo Chirripó. CONAI alleged violation of the prior consultation right under ILO Convention 169, the right to a healthy environment, and cultural heritage, arguing that the permit was issued without CONAI's authorization and in an area containing sacred sites and an aquifer recharge zone. The Chamber found that MINAE had informed CONAI about the permit process several times since 2001, but CONAI did not respond before the permit was issued in April 2004, thus no consultation omission was proven. Regarding environmental and cultural damages, MINAE ordered an investigation and suspended the permit as a precautionary measure. The Chamber dismissed the amparo, maintained the permit suspension pending the investigation, but authorized the extraction of timber already cut before the amparo was filed, as the permit had been granted legally.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "forestry-law-7575" ], "date": "03/09/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-288676.json", "html_url": "/legal/doc/nexus-sen-1-0007-288676", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-288676" }, { "id": "nexus-sen-1-0007-289118", "citation": "Res. 11108-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administration's duty to notify the petitioner of the resolution", "title_es": "Obligación de la Administración de comunicar la respuesta al administrado", "summary_en": "The Constitutional Chamber reviewed an amparo appeal against the head of the financial accounting department of the Municipality of Nicoya for failing to respond to a request for information regarding a fee billing. The Chamber found that although the administration issued its response after the legal deadline, the response was ready before the appeal was filed. However, notification failed because the petitioner did not provide an address or means for service. The Chamber emphasized that the right to petition and a prompt response under Articles 27 and 41 of the Constitution is only satisfied when the decision is effectively communicated to the interested party, not merely by issuing the administrative act. Since a response already existed at the time of filing, the appeal was dismissed for lack of current interest, while reiterating the duty of diligence and to inform the petitioner of any delays or referrals.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "08/10/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-289118.json", "html_url": "/legal/doc/nexus-sen-1-0007-289118", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-289118" }, { "id": "nexus-sen-1-0007-291015", "citation": "Res. 10484-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Partial constitutionality of the Fisheries and Aquaculture Bill", "title_es": "Constitucionalidad parcial del proyecto de Ley de Pesca y Acuicultura", "summary_en": "The Constitutional Chamber reviews a facultative legislative consultation filed by several lawmakers regarding the Fisheries and Aquaculture Bill (file 15.065). The consultation challenges the constitutionality of various provisions, including the restriction on foreign vessels (Art. 7), the ban on sport fishing in national parks and reserves (Art. 9), the sale of fuel at preferential prices to the fishing fleet (Art. 123.2), amendments to the Labor Code (Art. 173), and the penalties established in Articles 136-153. The Court holds that most norms are constitutional, as they fall within the State's power to protect the environment and hydrobiological resources, and do not violate the right to work or institutional autonomy. However, it declares unconstitutional paragraph 2 of Article 153, which exempted sport fishing from punishment in protected areas if the fish were returned alive, as it contradicts the duty of integral ecosystem preservation. Furthermore, it conditions the application of Article 136 on a conforming interpretation, excluding artisanal and small-scale fishers from the minimum fine, which would be confiscatory.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "24/09/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-291015.json", "html_url": "/legal/doc/nexus-sen-1-0007-291015", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-291015" }, { "id": "nexus-sen-1-0007-291595", "citation": "Res. 11065-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of action against RITEVE executive decrees", "title_es": "Inadmisibilidad de acción contra decretos ejecutivos de RITEVE", "summary_en": "Resolution No. 11065-2004 of the Constitutional Chamber, which rejects outright the unconstitutionality action filed by RITEVE SYC against Executive Decrees No. 30572-MOPT, 30573-MOPT, and 30987-MOPT, related to setting and adjusting tariffs for vehicle technical inspection services. The Chamber concludes that the challenged decrees constitute concrete administrative acts, not general provisions with normative value, and therefore are not subject to challenge via an unconstitutionality action under Article 73(a) of the Constitutional Jurisdiction Law. Since they are subjective acts directly affecting a specific legal entity (Consorcio RITEVE SYC) in a specific activity, the discussion on their validity falls within the ordinary administrative contentious jurisdiction as a matter of ordinary legality. The resolution is limited to an admissibility analysis and does not address the merits of the allegations regarding violations of the principle of legality, irrevocability of own acts, or financial equilibrium of the contract.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/10/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-291595.json", "html_url": "/legal/doc/nexus-sen-1-0007-291595", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-291595" }, { "id": "nexus-sen-1-0007-296109", "citation": "Res. 13976-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disagreement with ruling does not constitute disobedience in amparo", "title_es": "Inconformidad con lo resuelto no configura desobediencia en amparo", "summary_en": "The Constitutional Chamber resolves a claim of disobedience filed by the company RITEVE SYC against the Minister of Public Works and Transport and the President of the Public Transport Council. The claimants alleged that the authorities had failed to comply with a prior amparo ruling ordering them to respond to and notify a request for a tariff adjustment for vehicle technical inspections. The Chamber finds that the Public Transport Council, within the established deadline, issued a resolution approving the tariff calculation methodology and setting the effective date of the new tariffs. The Chamber concludes that the claimants are actually dissatisfied with the substance of the decision, not with a failure to act, and that disagreement with the merits of an administrative act is a matter of ordinary legality which cannot be raised through a disobedience proceeding in an amparo case. Therefore, the claim is dismissed.", "primary_topic_id": null, "topic_ids": [], "date": "03/12/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-296109.json", "html_url": "/legal/doc/nexus-sen-1-0007-296109", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-296109" }, { "id": "nexus-sen-1-0007-300301", "citation": "Res. 05712-2004 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to a state zoo and freedom of expression", "title_es": "Acceso a zoológico estatal y libertad de expresión", "summary_en": "The Constitutional Chamber examines whether denying access to the Simón Bolívar National Zoo and Botanical Garden, managed by FUNDAZOO, violated fundamental rights. It was proven that on April 30 and May 7, 2003, the petitioner and five companions were barred entry, ostensibly for security reasons during a disease risk workshop and a veterinary check of lions, but also because they led a protest movement against the foundation. The Chamber holds that, as a state zoo, Article 30 of the Constitution guarantees free access to public facilities, and the justifications were mere conjecture with no real danger to public order, morality, or health. The amparo is granted due to violations of free access, freedom of expression, and equality, and FUNDAZOO is ordered to pay costs and damages.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "26/05/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0007-300301.json", "html_url": "/legal/doc/nexus-sen-1-0007-300301", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-300301" }, { "id": "nexus-sen-1-0007-303242", "citation": "Res. 00834-2005 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Use permit in wildlife refuge does not create property right", "title_es": "Permiso de uso en refugio de vida silvestre no genera derecho de propiedad", "summary_en": "The Constitutional Chamber dismisses on the merits most of the claims filed by Punta Uva Tourist Complex S.A. against the Minister of Environment and Energy. The company had been granted a use permit in 1990 in the Gandoca Manzanillo National Wildlife Refuge, within the maritime-terrestrial zone, and the permit was revoked in 1993 due to non-compliance and environmental damage. The petitioner alleged violations of due process, property rights, and the principle of legality, arguing that the order to restore things to their prior condition implied eviction and demolition. The Chamber reiterates its 1996 criteria: a use permit does not confer a property right over public domain lands, the revocation was lawful, and there was no due process violation. The Chamber declines to review the scope of the restoration order, deeming it a mere legality issue already decided by the administrative contentious jurisdiction. It only admits the amparo regarding the lack of response to an information request dated September 1, 2004, ordering compliance with the rights of petition and timely resolution.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "28/01/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0007-303242.json", "html_url": "/legal/doc/nexus-sen-1-0007-303242", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-303242" }, { "id": "nexus-sen-1-0007-307714", "citation": "Res. 01692-2005 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sale of INVU residual lots does not affect State natural heritage", "title_es": "Venta de restos reservados del INVU no afecta patrimonio natural del Estado", "summary_en": "The Constitutional Chamber reviewed an amparo action claiming that the National Housing and Urban Development Institute (INVU) offered for sale lands that allegedly formed part of environmental reserves, thereby violating the right to a healthy and ecologically balanced environment. The Chamber found that the properties listed in tender notice No. 75-04 do not belong to the State Natural Heritage. The term “reserve” used in the notice refers to the urban planning concept of “remainder reserve”: portions of land within a housing project that have not been developed and are retained by INVU for later use or sale. Therefore, these properties are neither protected wild areas nor public-domain assets; they are administrative assets that may be sold following current legal procedures. Accordingly, the Chamber dismissed the action.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "23/02/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0007-307714.json", "html_url": "/legal/doc/nexus-sen-1-0007-307714", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-307714" }, { "id": "nexus-sen-1-0007-310724", "citation": "Res. 03981-2005 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo regarding financial information of the National Parks Foundation", "title_es": "Amparo sobre información financiera de la Fundación de Parques Nacionales", "summary_en": "The Constitutional Chamber hears an amparo filed by Yolanda Matamoros Hidalgo on behalf of Fundación Pro Zoológicos against the National Parks Foundation and the Minister of Environment and Energy. The plaintiff claims violation of the rights to petition and access to information, since her requests regarding donations and financial resources of the National Parks Foundation, intended to hire an audit of Fundación Pro Zoológicos, were not satisfactorily answered. The Chamber finds that the Ministry responded within the legal deadline through official letter DM-1773-2004, but failed to prove that the response was properly communicated to the plaintiff. As for the National Parks Foundation, the Chamber dismisses the claim because it is a private entity that did not exercise public functions nor was in a position of power making ordinary remedies insufficient. The amparo is partially granted solely to order the Minister to notify the official letter.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "15/04/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0007-310724.json", "html_url": "/legal/doc/nexus-sen-1-0007-310724", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-310724" }, { "id": "nexus-sen-1-0007-317194", "citation": "Res. 06324-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Visual pollution and EIA requirement in the Orosi Valley", "title_es": "Contaminación visual y exigibilidad del EsIA en el valle de Orosi", "summary_en": "The Constitutional Chamber reviews an amparo action against agroindustrial company Pelarica S.A. and several public entities for visual pollution and other environmental damage in the Orosi Valley. The Chamber finds that the approximately 15-hectare white-plastic greenhouse complex severely harms scenic beauty, which is constitutionally protected as part of the right to a healthy environment. It also holds that SETENA violated that right by waiving a full Environmental Impact Study, treating a major expansion as a minor project and evaluating the activity in a fragmented manner, despite the scale of the visual impact and agrochemical use. The Chamber orders SETENA to immediately eliminate the visual pollution, requires Pelarica to submit an EIA on water use and disposal, and directs the Municipality of Paraíso to issue a regulatory plan protecting the valley's scenic beauty, with ICT's collaboration.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "environmental-law-7554" ], "date": "04/07/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-317194.json", "html_url": "/legal/doc/nexus-sen-1-0007-317194", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-317194" }, { "id": "nexus-sen-1-0007-318823", "citation": "Res. 01113-2003 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Denial of trust contract suspension during constitutionality challenge to Biodiversity Law", "title_es": "Denegatoria de suspensión de contrato de fideicomiso durante acción de inconstitucionalidad contra Ley de Biodiversidad", "summary_en": "The Constitutional Chamber resolves a request filed by the Director General of SINAC, who sought clarification as to whether the admission of a constitutionality challenge against several articles of the Biodiversity Law (No. 7788) prevented the signing of a trust contract for the management of System funds. The Chamber dismisses the request, stating that it is not its role in each case to instruct public authorities on what they may or may not do while a constitutionality challenge is pending. Furthermore, it reiterates the criterion of Vote 2002-10350, to the effect that in this procedural avenue it is not feasible to order the suspension of a material act such as the signature of a contract, which is the result of a final award in a specific administrative contracting procedure, especially when the norms governing that act are not being challenged in the lawsuit.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "12/02/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0007-318823.json", "html_url": "/legal/doc/nexus-sen-1-0007-318823", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-318823" }, { "id": "nexus-sen-1-0007-327719", "citation": "Res. 15753-2005 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-retroactivity in applying agreement on per diems to judicial officials", "title_es": "Irretroactividad en aplicación de acuerdo sobre viáticos a funcionarios judiciales", "summary_en": "The Constitutional Chamber hears an amparo action filed by three Judicial Branch employees against the Superior Council of the Judiciary and related administrative bodies. The plaintiffs allege violation of the principle of non-retroactivity and the right to equality because their per diem payments for nighttime transportation were suspended once they obtained permanent (propiedad) status, under a Council agreement of April 2003 that discontinued such payments for competitions (concursos) initiated after that date. The plaintiffs had participated in a competition published in November 2002, before the agreement, and were appointed as interim (interinos) in January 2003; they argue the measure should not apply to them. The Chamber finds that the Council misconstrued its own agreement by applying it to persons appointed after April 29, 2003, without regard to whether the underlying competition predated that agreement. This constituted an improper retroactive application and an unjustified unequal treatment. The Chamber declares the amparo with merit (con lugar), annuls the subsequent clarifying agreements (Art. L, session 052-2003 and Art. LXXII, session 061-2003), and upholds the original agreement as meaning it applies only to competitions published after April 29, 2003. It orders the respondent authorities to issue instructions to determine and pay the owed per diems within fifteen days, and condemns the State to pay costs, damages, and losses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/11/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0007-327719.json", "html_url": "/legal/doc/nexus-sen-1-0007-327719", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-327719" }, { "id": "nexus-sen-1-0007-329133", "citation": "Res. 14293-2005 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "EIA requirement for land-use plans and non-annulment of the Escazú Regulatory Plan", "title_es": "Exigencia de EIA para planes reguladores y no anulación del Plan Regulador de Escazú", "summary_en": "An action of unconstitutionality was filed against the Escazú Regulatory Plan because it lacked a prior Environmental Impact Assessment (EIA), as required by constitutional case law. The plaintiffs argued a violation of Article 50 of the Constitution. The Constitutional Chamber dismissed the action on the merits, reiterating that the EIA requirement for regulatory plans stems directly from Article 50, in application of the principle of linkage to science and technology and the precautionary principle. Nevertheless, it did not annul the plan because that would cause greater harm by leaving the area without territorial planning. It was shown that the Municipality of Escazú had included environmental variables and attempted to submit the plan to SETENA's control, but SETENA had not issued the necessary regulations. The Chamber ordered that once SETENA publishes the Technical Instruments Manual, the Municipality must submit the plan to environmental viability assessment and make the adjustments determined.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554" ], "date": "19/10/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0007-329133.json", "html_url": "/legal/doc/nexus-sen-1-0007-329133", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-329133" }, { "id": "nexus-sen-1-0007-331254", "citation": "Res. 14873-2005 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to petition for environmental complaint on killing of leatherback turtles", "title_es": "Derecho de petición por denuncia ambiental de matanza de tortugas baulas", "summary_en": "The Constitutional Chamber hears a writ of amparo filed by the conservationist association YISKI against the Minister of Environment and Energy and the Director General of SINAC. The petitioner claims a violation of the right to petition and prompt resolution (Article 27 of the Constitution) because, since June 23, 2005, it filed a complaint about the alleged cruel killing of newborn leatherback turtles in Las Baulas National Park, without receiving a timely response. The Chamber recalls that complaints are a form of the right to petition and that, in the absence of a specific legal deadline, it is necessary to assess whether the time elapsed is excessive. In this case, more than three months passed without any action, even though the President of the Republic himself asked to investigate the facts. Only until October 10, 2005, was the directing body of the procedure appointed. The Chamber considers that delay excessive and injurious to the fundamental right invoked. Consequently, it grants the writ and orders the State to pay costs, damages, and losses, to be liquidated in enforcement of an administrative contentious judgment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/10/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0007-331254.json", "html_url": "/legal/doc/nexus-sen-1-0007-331254", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-331254" }, { "id": "nexus-sen-1-0007-336949", "citation": "Res. 00794-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissible amparo against denial of shooting range operating permit", "title_es": "Amparo inadmisible contra denegatoria de permiso de funcionamiento de polígono", "summary_en": "The Constitutional Chamber flatly rejects an amparo filed by Vindas Altamirano Seguridad S.A. against the General Directorate of Armament of the Ministry of Public Security. The petitioner sought an order to grant a definitive operating permit for a shooting range, arguing that the administration denied the permit based on confusing and arbitrary requirements, such as sonic pollution certification and structural roof certification, and failed to clarify which professional could perform the sonic test. The Chamber finds the amparo inadmissible because it seeks ordinary legality review, which falls outside the scope of amparo, a proceeding reserved for direct protection of fundamental rights. It holds that disputes over compliance with technical and regulatory requirements must be raised through administrative channels or ordinary courts, not this summary process. The amparo is flatly rejected without addressing the merits.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "31/01/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-336949.json", "html_url": "/legal/doc/nexus-sen-1-0007-336949", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-336949" }, { "id": "nexus-sen-1-0007-337149", "citation": "Res. 02615-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Tourist status cancellation and deportation", "title_es": "Cancelación de estatus de turista y expulsión", "summary_en": "The Constitutional Chamber analyzes a writ of amparo filed by a Brazilian citizen against the Directorate General of Immigration and Foreigners. The petitioner alleged that his temporary stay permit was arbitrarily denied and his tourist status was canceled with a five-year entry ban, which he considered disproportionate and illegal. The Chamber dismissed the appeal, stating that the denial of the permit conformed to legal requirements and that the petitioner failed to challenge that decision through ordinary remedies. Furthermore, the cancellation of his tourist status was based on the fact that he was found performing unauthorized paid work, as provided for by immigration regulations. The Chamber concluded that there was no arbitrary action or violation of due process or defense rights, as the authorities acted within their powers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/02/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-337149.json", "html_url": "/legal/doc/nexus-sen-1-0007-337149", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-337149" }, { "id": "nexus-sen-1-0007-338391", "citation": "Res. 02386-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of drinking water service for non-payment of extraordinary charge for aqueduct improvements", "title_es": "Suspensión del servicio de agua potable por falta de pago de cuota extraordinaria para mejoras del acueducto", "summary_en": "The Constitutional Chamber heard an amparo appeal against the Asociación Administradora del Acueducto Comunal de Uvita y Bahía de Osa, filed by two property owners whose regular drinking water service was suspended when a new aqueduct began operating, because they had not paid an extraordinary charge of approximately ¢105,000 per family to finance the improvement works. The petitioners were current on their ordinary service payments. The Chamber ruled that the suspension was unjustified, as the essential public service of drinking water must be provided continuously, regularly, effectively, and efficiently, and the ordinary service cannot be conditioned on payment of an extraordinary charge without violating the principles of universality and continuity. It recognized that the guiding principles of public services apply to both public administrations and private entities providing essential services. Regarding the alleged failure to install a public tap, the Chamber found no violation, as the respondent stated it had been installed. The amparo was partially granted, ordering the immediate reconnection of regular drinking water service to the petitioners' properties, under penalty of criminal sanctions.", "primary_topic_id": null, "topic_ids": [], "date": "24/02/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-338391.json", "html_url": "/legal/doc/nexus-sen-1-0007-338391", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-338391" }, { "id": "nexus-sen-1-0007-339756", "citation": "Res. 04336-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo Inadmissible for Ordinary Labor Legality Issue", "title_es": "Improcedencia de amparo por cuestión de legalidad ordinaria laboral", "summary_en": "The Constitutional Chamber flatly rejects an amparo filed by a former employee of the Cartago Civil Court against the revocation of his appointment and the hiring of another person for the position. The petitioner claimed a better right to the post, but the Chamber finds the dispute lacks constitutional standing, involving a mere question of ordinary legality. The court reiterates that amparo is not designed to abstractly control the validity of administrative acts or to serve as a general legality overseer; its jurisdiction is limited to protecting direct and gross violations of fundamental rights. In this case, the claim would require reviewing the conditions, requirements, and parameters of the personnel competition, intruding on administrative jurisdiction. It further stresses that filing an amparo does not suspend the execution of effective administrative acts under Articles 146 et seq. of the General Public Administration Law, absent an express order from a competent authority to avert serious harm. The amparo is declared inadmissible.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/03/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-339756.json", "html_url": "/legal/doc/nexus-sen-1-0007-339756", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-339756" }, { "id": "nexus-sen-1-0007-340721", "citation": "Res. 00454-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality action against Maritime Zone Law", "title_es": "Rechazo de acción de inconstitucionalidad contra Ley de Zona Marítimo-Terrestre", "summary_en": "The Constitutional Chamber rejects both procedurally and on the merits an unconstitutionality action filed by the Ombudsman against the Maritime Zone Law (No. 6043). The plaintiff argued that the law violated the principles of equality, non-retroactivity, and reasonableness, as well as property rights and freedom of commerce, by preventing inhabitants of the Gulf of Nicoya islands from exercising ownership over those territories. The Chamber holds that the maritime zone, including islands, is public domain land since colonial times, characterized by its inalienability, imprescriptibility, and unattachability, thus not subject to private ownership. The action is also dismissed regarding the alleged administrative omission in enforcing the law, as it should have been filed as an 'amparo' action, not unconstitutionality. Additionally, the active coadjuvancy of several individuals is rejected for lack of standing and untimeliness.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "25/01/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-340721.json", "html_url": "/legal/doc/nexus-sen-1-0007-340721", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-340721" }, { "id": "nexus-sen-1-0007-343794", "citation": "Res. 01038-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Partial admission of unconstitutionality action against Forestry Law", "title_es": "Admisión parcial de acción de inconstitucionalidad contra la Ley Forestal", "summary_en": "The Constitutional Chamber examines the admissibility of an unconstitutionality action filed against articles 19(b) and 34 of the Forestry Law (No. 7575). The plaintiff argues that these provisions establish a privileged regime for the State by allowing it to pollute forested land under the pretext of national convenience, thus violating the right to a healthy and ecologically balanced environment. The Chamber decides to admit the action solely regarding the normative challenge, i.e., against the aforementioned legal provisions, because they are general norms subject to constitutional review. By contrast, it explicitly rejects the claim against specific administrative acts, such as the tree-felling permits granted by the Ministry of Environment to ICE for the Moín-Cahuita project, as that review falls under the amparo remedy and not the unconstitutionality route. Consequently, it orders the severance and certification of the filing to be processed as an amparo in that part, and admits the unconstitutionality action for the remainder.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "01/02/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-343794.json", "html_url": "/legal/doc/nexus-sen-1-0007-343794", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-343794" }, { "id": "nexus-sen-1-0007-344298", "citation": "Res. 07126-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Drinking water and insects in La Reforma Institutional Care Center", "title_es": "Agua potable e insectos en el Centro de Atención Institucional La Reforma", "summary_en": "The Constitutional Court rejects a habeas corpus action filed by an inmate against prison authorities at La Reforma Institutional Care Center, the Ministry of Justice, and the Ministry of Health. The petitioner claimed that the drinking water storage tank in Module B was contaminated by sewage spills, proximity to garbage containers, and toxic leachate, and that insects and rodents in the kitchen endangered his right to health. After reviewing reports and expert evidence —including a microbiological analysis by the National Water Laboratory that found no fecal coliforms— the Court finds the facts unproven and determines that the administration has taken adequate preventive and corrective measures (daily chlorination, periodic fumigation, structural maintenance). It concludes there is no unjustified omission or violation of constitutional rights to health or life, and dismisses the petition, reaffirming that prisoners retain protection of their fundamental rights.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "19/05/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-344298.json", "html_url": "/legal/doc/nexus-sen-1-0007-344298", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-344298" }, { "id": "nexus-sen-1-0007-346333", "citation": "Res. 07768-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Maritime terrestrial zone concession delayed by internal municipal investigation", "title_es": "Concesión en zona marítimo terrestre obstaculizada por investigación interna de la municipalidad", "summary_en": "The Constitutional Chamber reviewed an amparo action brought by a company that had applied for a concession in the maritime terrestrial zone of the Osa canton. The original application, dating from 1977, remained unresolved despite repeated efforts. The municipality justified the delay by citing an ongoing investigation into allegedly illegal constructions carried out by the company in the area subject to the concession. The Chamber ruled that, while the investigation was legitimate, the lapse of more than twenty-eight years was excessive, unreasonable, and violated the principle of prompt and full administrative justice. It ordered the municipality to definitively resolve the concession request within one month after the investigation’s conclusion, under penalty of imprisonment or fine. It also dismissed the discrimination claim, holding that comparisons with other cases are irrelevant if the concession must comply with the legal system.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "30/05/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-346333.json", "html_url": "/legal/doc/nexus-sen-1-0007-346333", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-346333" }, { "id": "nexus-sen-1-0007-346390", "citation": "Res. 07961-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Contamination of the Peje River by fruit processing plant", "title_es": "Contaminación del Río Peje por planta procesadora de frutas", "summary_en": "The Constitutional Chamber reviews an amparo action against Fructa S.A., the Ministry of Health, and MINAE for the death of fish and contamination of the Peje River in April 2005. The court finds it proven that the company's wastewater treatment system collapsed, causing physical contamination of the riverbed and fish mortality. It establishes a nexus between the industrial activity and the environmental damage based on the biological system's failure and evidence of contamination during the inspection. The Chamber partially grants the remedy: it upholds the violation of the right to a healthy environment due to river contamination and foul odors, ordering the company and the State to pay costs, damages, and losses. It also grants the action against the ministries for failing to supervise drinking water sources, ordering immediate and semi-annual inspections. The claim regarding impacts on springs is dismissed for lack of evidence, though the State's duty of active monitoring is reinforced. The ruling warns the respondents of criminal consequences for non-compliance.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "31/05/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-346390.json", "html_url": "/legal/doc/nexus-sen-1-0007-346390", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-346390" }, { "id": "nexus-sen-1-0007-351152", "citation": "Res. 05606-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "AyA Can Assume Municipal Aqueducts for Service Deficiency", "title_es": "AyA puede asumir acueductos municipales por deficiencia en el servicio", "summary_en": "The Constitutional Chamber ruled on a constitutionality challenge filed by the Municipality of Alajuela against Article 2(g) of the AyA Organic Law and Article 41 of the Credit and Technical Assistance Regulation. The Municipality claimed violations of municipal autonomy, due process, and property rights, because AyA can unilaterally take over municipal aqueducts when service is inefficient. The Chamber dismissed the action. It held that potable water service is a national, not local, interest and thus does not breach municipal autonomy. It reaffirmed water as a human right and a public domain asset, meaning aqueducts are national patrimony, not municipal property; transfer to AyA is a change of public domain administrator, not an expropriation. The administrative procedure ensures due process. It interpreted that when AyA assumes administration, it must take on assets and liabilities. Claims about the regulation exceeding the BID loan law were rejected as matters of legality, not constitutionality.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "26/04/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-351152.json", "html_url": "/legal/doc/nexus-sen-1-0007-351152", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-351152" }, { "id": "nexus-sen-1-0007-358633", "citation": "Res. 09563-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Instrumental legal personality of CONAGEBIO and SINAC is constitutional", "title_es": "Personalidad jurídica instrumental de la CONAGEBIO y el SINAC es constitucional", "summary_en": "The Constitutional Chamber rejected the unconstitutionality action against several articles of the Biodiversity Law (No. 7788) that grant instrumental legal personality to the National Commission for Biodiversity Management (CONAGEBIO) and the National System of Conservation Areas (SINAC), and assign them policy formulation, resource management, and contracting functions. The majority held that the figure was compatible with the maximum deconcentration of the Ministry of Environment and Energy, as long as it was interpreted as mere budgetary administration capacity and specialized advisory, without invading exclusive powers of the Executive Branch. The use of trusts under the Comptroller General's control was validated. Three magistrates issued a dissenting vote, finding the challenged norms violated the constitutional structure of the Executive, the Public Finance regime, and administrative contracting.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "05/07/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-358633.json", "html_url": "/legal/doc/nexus-sen-1-0007-358633", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-358633" }, { "id": "nexus-sen-1-0007-358691", "citation": "Res. 11562-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Regulatory plan need not have prior EIA if SETENA omits regulation", "title_es": "Plan Regulador no requiere EIA previo si SETENA omite normativa", "summary_en": "The Constitutional Chamber rejects an unconstitutionality action against the Partial Zoning Regulation (Regulatory Plan) of San Isidro de El General, Pérez Zeledón. The plaintiff argued the plan lacked an environmental impact assessment (EIA) required by Article 50 of the Constitution and the Chamber's case law (decision 1220-2002). The Chamber reiterates that regulatory plans must undergo environmental viability review but concludes that nullifying the plan due to SETENA's failure to issue the regulations for such assessment would cause environmental harm by leaving the area without territorial planning. The mere absence of an EIA does not itself violate the right to a healthy environment, and the action was unfounded. It orders that once SETENA issues the corresponding regulation, the Municipality must submit the plan for evaluation and make any necessary adjustments.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "09/08/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-358691.json", "html_url": "/legal/doc/nexus-sen-1-0007-358691", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-358691" }, { "id": "nexus-sen-1-0007-358781", "citation": "Res. 12313-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to respond to visual pollution complaint on national route", "title_es": "Omisión de respuesta a denuncia por contaminación visual en ruta nacional", "summary_en": "The Constitutional Chamber granted an amparo filed by a citizen who reported the proliferation of advertising signs along the right-of-way of National Route One, causing visual pollution. He requested their removal from the MOPT's Department of Road Inspection and Demolitions, but after more than two years had received no definitive response. The Chamber found that, although an initial internal procedure had taken place, the authority had failed to resolve and communicate the outcome within a reasonable time, violating the right of petition and prompt justice. It ordered the petition to be resolved and notified within ten days, and held the State liable for costs and damages.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "procedural-environmental" ], "date": "23/08/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-358781.json", "html_url": "/legal/doc/nexus-sen-1-0007-358781", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-358781" }, { "id": "nexus-sen-1-0007-358924", "citation": "Res. 13308-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of petition and municipal response in maritime-terrestrial zone concession", "title_es": "Derecho de petición y respuesta municipal en concesión de zona marítimo terrestre", "summary_en": "The Constitutional Chamber hears an amparo remedy filed by Marlen Marín Mena, Roy Mauricio Badilla Ureña, and Zeidy Jiménez Tabash on behalf of the Asociación Programas Sociales de Dominical, against the Municipality of Osa. The petitioners claim the municipality has not responded to a request filed on May 12, 2006, asking for the legal reasons why their application for a concession of a three-thousand-square-meter area in the maritime-terrestrial zone was denied, according to the Dominical Coastal Regulatory Plan. Applying Article 41 of the Political Constitution on prompt and complete justice, the Chamber finds that the elapsed time—over two months without a reply by the time the amparo was filed—exceeds what is reasonable, using the two-month deadline set in Article 261 of the General Public Administration Act for concluding ordinary administrative procedures as a benchmark. It grants the amparo, orders a response within eight days, and awards costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "06/09/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-358924.json", "html_url": "/legal/doc/nexus-sen-1-0007-358924", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-358924" }, { "id": "nexus-sen-1-0007-362368", "citation": "Res. 08945-2005 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of Telecommunications Towers in Protected Areas", "title_es": "Constitucionalidad de torres de telecomunicación en áreas protegidas", "summary_en": "The Constitutional Chamber dismissed a constitutional challenge against Executive Decree 26187-MINAE, which allows the installation and maintenance of telecommunications towers in protected wilderness areas through use permits. The plaintiff argued that the decree violated Article 12 of the National Parks Service Creation Law (Law 6084), which prohibits granting concessions or permits for installations other than those of the Service, and therefore Article 50 of the Constitution on the right to a healthy environment. The majority held that there is no unconstitutionality because the decree is based on a systematic interpretation of subsequent legal provisions, including the General Public Administration Law (art. 154), the Forestry Law (art. 39) and its regulation, which allow precarious use permits on state natural heritage lands, provided they do not affect ecosystems. It also weighed the public interest in telecommunications and the need for sustainable development that harmonizes environmental conservation with human progress. The Chamber warned about possible future tower saturation and ordered preventive measures. Justice Armijo dissented, considering that the decree contravenes the law and Article 50 of the Constitution.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "06/07/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0007-362368.json", "html_url": "/legal/doc/nexus-sen-1-0007-362368", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-362368" }, { "id": "nexus-sen-1-0007-363966", "citation": "Res. 15775-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Eviction from public domain property without prior hearing", "title_es": "Desalojo de bien demanial sin procedimiento previo", "summary_en": "The Constitutional Chamber rejects an amparo action filed by occupants of a plot owned by the Institute of Agrarian Development (IDA). The claimants argued a violation of due process because they were evicted without being parties to the administrative eviction proceeding. The Chamber holds that, since the property is a public domain asset—belonging to a public law entity—no prior eviction procedure is necessary. It suffices to verify on site that the property belongs to the public entity. Possession of public domain assets is always precarious; therefore, no hearing is required for the occupants, nor is the length of possession relevant. A reasonable period for voluntary eviction was granted and was respected. The Chamber reiterates its case law that public assets are inalienable, imprescriptible, and unseizable, and that administrative action replaces possessory interdicts for recovering ownership.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "31/10/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-363966.json", "html_url": "/legal/doc/nexus-sen-1-0007-363966", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-363966" }, { "id": "nexus-sen-1-0007-364383", "citation": "Res. 16628-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of Zapote Popular Festivities due to environmental and safety risks", "title_es": "Suspensión de los Festejos Populares en Zapote por riesgos ambientales y de seguridad", "summary_en": "The Constitutional Chamber granted an amparo writ and ordered the suspension of the San José and Curridabat 2006-2007 Popular Festivities at the Zapote-Curridabat fairground. The petitioner alleged violations of the rights to health, privacy, and a healthy environment due to noise pollution, overcrowding, and safety problems arising from these festivities. Although similar amparos had been dismissed in the past because the festivities had not yet begun, in this case the Chamber considered technical opinions from the Ministry of Health and the National Risk Prevention Commission, which had been warning since May 2006 about unsafe conditions: insufficient access and exit routes, high seismic potential, overcrowding with up to 20,000 people per night, and uncontrollable noise pollution. The municipalities ignored these warnings. The Chamber held that Articles 21 and 50 of the Constitution were violated because the safety of people and the neighbors' right to tranquility were not guaranteed. Consequently, the writ was granted and the activity was suspended.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "17/11/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-364383.json", "html_url": "/legal/doc/nexus-sen-1-0007-364383", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-364383" }, { "id": "nexus-sen-1-0007-364523", "citation": "Res. 18065-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Construction in high-risk zone without permits violates right to life and healthy environment", "title_es": "Construcción en zona de riesgo sin permisos vulnera derecho a la vida y ambiente sano", "summary_en": "The Constitutional Chamber granted an amparo action against the Bosques de Santa Rosa housing project in Limón, developed by JS & AT Home Depot with financing from the Costa Rica‑Canada Foundation. It found that construction began without municipal building permits or environmental viability, and that the site is crossed by an active geological fault and lies on the alluvial plain of the Limoncito River with high flood risk. Although SETENA later granted environmental viability and the Environmental Tribunal lifted precautionary measures, the Chamber held that an imminent threat to life and physical integrity persisted. Relying on the National Emergency Commission’s technical report DPM‑INF‑017‑2004, it ordered the Municipality of Limón to require compliance with the technical recommendations before issuing any further building permits and to apply those measures to already‑constructed houses, including possible demolition or relocation. The State and the Municipality were ordered to pay costs and damages.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "environmental-law-7554", "procedural-environmental" ], "date": "15/12/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-364523.json", "html_url": "/legal/doc/nexus-sen-1-0007-364523", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-364523" }, { "id": "nexus-sen-1-0007-368207", "citation": "Res. 17126-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of land-use change on private forest land for national-interest projects", "title_es": "Constitucionalidad del cambio de uso de suelo en terrenos forestales privados para proyectos de conveniencia nacional", "summary_en": "The Constitutional Chamber rejects a challenge to Articles 19(b) and 34 of the Forestry Law, which exceptionally allow tree cutting on private forest land and protected zones for projects declared of national interest. The plaintiff argued these provisions created a state privilege harming the right to a healthy environment, but the Chamber holds that they do not exempt the Administration from complying with environmental legality. The authorization is conditioned on technical studies (environmental impact assessment), administrative controls, management plans, and compensatory measures, all within the sustainable development framework. The ruling also systematizes constitutional environmental principles: the state's duty to protect, sustainable development, precautionary principle, objectification of environmental protection through science-based decision-making, and the binding nature of environmental norms on public authorities.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "biodiversity-law-7788", "forestry-law-7575", "art-50-constitution" ], "date": "28/11/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-368207.json", "html_url": "/legal/doc/nexus-sen-1-0007-368207", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-368207" }, { "id": "nexus-sen-1-0007-369160", "citation": "Res. 17975-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Precautionary Principle and Suspension of the Hunting Decree", "title_es": "Principio precautorio y suspensión del Decreto de Cacería", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a citizen whose application for a big-game hunting license for the 2006–2007 period was denied. The petitioner argued that the Ministry of Environment and Energy (MINAE) had violated the principle of legality and its regulatory duty by failing to issue the corresponding Hunting Decree, which is a prerequisite for processing such licenses. Reports from the authorities indicated that the suspension was due to insufficient scientific data on the population status of the species subject to hunting. In observance of the precautionary principle, MINAE decided not to publish the decree until technical studies could demonstrate the advisability and legality of authorizing the activity. The Chamber dismissed the action, holding that setting hunting seasons and conditions is an administrative power serving the public interest, bound by the precautionary principle and the rational use of resources, and that the regulatory omission did not constitute a constitutional violation in this case.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "procedural-environmental" ], "date": "13/12/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-369160.json", "html_url": "/legal/doc/nexus-sen-1-0007-369160", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-369160" }, { "id": "nexus-sen-1-0007-369225", "citation": "Res. 18051-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Earthworks over aquifers — duty of coordination and precautionary principle", "title_es": "Movimiento de tierras sobre acuíferos — deber de coordinación y principio precautorio", "summary_en": "The Constitutional Chamber grants an amparo against the Municipality of Osa and the company La Gruta de Plata S.A. for authorizing and carrying out earthworks in areas of possible aquifer recharge without prior technical studies from MINAE or ICAA, endangering the water supply of the communities of Uvita, Bahía, and La Colonia. It is proven that, despite warnings from municipal inspectors and ICAA about the proximity of the works to springs and the lack of scientific certainty regarding impacts, the Mayor granted the permit based on informal conversations. The Chamber emphasizes that, under the precautionary principle or in dubio pro natura, reasonable doubt of serious or irreversible harm requires suspending the activity and conditioning any authorization on an environmental impact study. It also stresses the duty of coordination among municipalities, MINAE, ICAA, and SENARA to protect aquifers, and orders the case to be forwarded to the Public Prosecutor's Office for possible crimes. The ruling reaffirms that groundwater is in the public domain and its preventive protection is a constitutional mandate.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "art-50-constitution" ], "date": "15/12/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-369225.json", "html_url": "/legal/doc/nexus-sen-1-0007-369225", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-369225" }, { "id": "nexus-sen-1-0007-369649", "citation": "Res. 17747-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of decree allowing potassium bromate in flour due to cancer risk", "title_es": "Anulación del Decreto que permitía bromato de potasio en harina por riesgo cancerígeno", "summary_en": "The Constitutional Chamber declares unconstitutional and annuls Executive Decree No. 26703-S, which allowed up to 35 mg/kg of potassium bromate in bread-making flour and its importation at that level. The petitioner, acting in defense of diffuse interests, argued that the additive is carcinogenic according to FAO-WHO and JECFA studies, and that the State failed to properly inform consumers, violating the rights to health, life, and information. The Chamber upholds the action: it finds that potassium bromate has a proven carcinogenic effect, that there is scientific uncertainty about its risk, and that the decree violates the precautionary principle by authorizing its use despite evidence of serious and irreversible harm. It also finds that the State omitted its duty to truthfully inform consumers. The ruling annuls the decree with retroactive effect, except for rights acquired in good faith or consolidated situations.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution" ], "date": "11/12/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-369649.json", "html_url": "/legal/doc/nexus-sen-1-0007-369649", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-369649" }, { "id": "nexus-sen-1-0007-371325", "citation": "Res. 13330-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Retroactive application of zoning rule to pre-existing non-conforming uses", "title_es": "Aplicación retroactiva de norma urbanística a usos no conformes preexistentes", "summary_en": "The Constitutional Court dismissed an unconstitutionality claim against Article 3.5 of the Zoning and Road Plan Regulation of Belén's Regulatory Plan. The rule allows existing buildings with non-conforming uses to remain, but requires any modification or remodeling to comply with the zone's requirements. The Court held that the provision does not violate the non-retroactivity principle, as it respects vested rights and consolidated legal situations, allowing the continuation of previously authorized activities. However, it warned that its application must be interpreted to authorize renovations necessary for the original activity and to meet environmental or safety requirements. Urban planning limitations imposed by regulatory plans are legitimate and do not violate property rights or freedom of commerce, as these are not absolute and are subject to social interest regulations and environmental protection derived from Article 50 of the Constitution.", "primary_topic_id": null, "topic_ids": [], "date": "06/09/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-371325.json", "html_url": "/legal/doc/nexus-sen-1-0007-371325", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-371325" }, { "id": "nexus-sen-1-0007-372056", "citation": "Res. 00928-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Land Titling Annulment and Convalidation Period", "title_es": "Nulidad de titulación de tierras y plazo de convalidación", "summary_en": "The Constitutional Chamber rejected an amparo action against the Institute of Agrarian Development (IDA) regarding the initiation of proceedings to annul land titling granted under Law 7599. Law 7599 had been declared unconstitutional in its entirety by ruling 2001-8560 due to deficiencies in the titling procedure and the short three-year convalidation period that affected third-party rights and public domain lands. The Chamber found that at the time of the unconstitutionality ruling, the three-year period from registration had not elapsed, so the claimants had no consolidated right. Consequently, starting the administrative annulment procedure did not violate the principle of non-retroactivity or vested rights. The amparo was denied, allowing the IDA to proceed with the annulment process where the affected parties could present their defense.", "primary_topic_id": null, "topic_ids": [], "date": "26/01/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-372056.json", "html_url": "/legal/doc/nexus-sen-1-0007-372056", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-372056" }, { "id": "nexus-sen-1-0007-373748", "citation": "Res. 02934-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against Vista Hermosa housing project for environmental risks denied", "title_es": "Amparo contra proyecto urbanístico Vista Hermosa por riesgos ambientales rechazado", "summary_en": "The Constitutional Chamber reviewed an amparo remedy filed by residents of San Rafael de Oreamuno against BANHVI, MINAE, SETENA, the Ministry of Health, and the Municipality of Oreamuno, claiming that the \"Vista Hermosa\" housing project exhibited irregularities in potable water supply, anomalies in the stormwater easement to the Tatiscú River, and non-compliance with a buffer zone requirement vis-à-vis Prococo S.A. agroindustry, thereby violating the right to a healthy environment and health. The Chamber analyzed each claim and, based on documentary evidence and reports, found that the authorities acted within their powers and that necessary technical and environmental measures had been taken. Specifically, it verified that the project had SETENA environmental viability, municipal approval for water availability, an alternative stormwater drainage solution to the Chinchilla River, and an agreement for a buffer strip with Prococo. No injury or illegitimate threat to fundamental rights was proven, so the amparo was denied; however, the authorities were warned to monitor compliance with protective measures.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "02/03/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-373748.json", "html_url": "/legal/doc/nexus-sen-1-0007-373748", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-373748" }, { "id": "nexus-sen-1-0007-375098", "citation": "Res. 03145-1996 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Presumption of public domain over public roads", "title_es": "Presunción de demanialidad de las vías públicas", "summary_en": "The Constitutional Court reviews the constitutionality of Articles 7 of the Construction Law, 44 of the Urban Planning Law, and 32 and 33 of the General Public Roads Law, which establish a rebuttable presumption of public domain over land appearing in official documents as streets, squares, or other public spaces. The petitioner argued that these norms allowed the Administration to unilaterally create public domain without compensation and disregarding registry entries. The Court rejects the claim and holds that the norms are constitutional, provided that the Administration has reliable proof of ownership and dedication of the property to public use (such as registry inscription, acts of tolerance, municipal urbanization agreements, or express law). The administrative self-help privilege cannot be exercised arbitrarily or in disregard of registered property without legitimate title. The burden of proof lies on whoever seeks to rebut the presumption of public domain.", "primary_topic_id": null, "topic_ids": [], "date": "28/06/1996", "year": "1996", "json_url": "/data/legal/docs/nexus-sen-1-0007-375098.json", "html_url": "/legal/doc/nexus-sen-1-0007-375098", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-375098" }, { "id": "nexus-sen-1-0007-375283", "citation": "Res. 02408-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional challenge to title deadline in Cahuita and Puerto Viejo denied", "title_es": "Inconstitucionalidad del plazo de titulación en Cahuita y Puerto Viejo rechazada", "summary_en": "The Constitutional Chamber dismissed on the merits a constitutional challenge against the sole transitory provision of Law 8464, which set a one-year deadline for long-term possessors of land on the maritime-terrestrial zone in Cahuita and Puerto Viejo to initiate title proceedings via possessory information. The petitioner claimed violations of property rights, legal certainty, and lack of public interest. The Chamber held that the maritime-terrestrial zone is a public domain asset—inalienable, imprescriptible, and unattachable—and thus no private property right or legitimate possession can exist over it. The challenged norm did not recognize ownership but rather operated as a temporary, conditional declassification. Since public domain status is incompatible with private property, and the law was duly published, no constitutional breach occurred.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "21/02/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-375283.json", "html_url": "/legal/doc/nexus-sen-1-0007-375283", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-375283" }, { "id": "nexus-sen-1-0007-375285", "citation": "Res. 02410-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of challenge to marine boundaries of national parks", "title_es": "Rechazo de acción contra límites marinos de parques nacionales", "summary_en": "The Constitutional Chamber dismisses on the merits the unconstitutionality action brought by the fishing associations CAMAPUN and UNIPESCA against various laws and executive decrees establishing the marine boundaries of national parks and protected areas on the Pacific coast. The Chamber holds that geographic delimitation by executive decree is constitutionally valid because the designation of property as part of the nation's natural heritage may be done by law or decree, while the reduction of protected areas is reserved exclusively to law. It rejects the claim of procedural defect for lack of consultation with INCOPESCA, as the matter falls outside its competence. The Chamber finds that an environmental impact study is not required for the creation of protected areas, only the technical studies mandated by the Organic Environmental Law, and that the demarcation does not violate the principles of reasonableness and proportionality because the areas are public domain goods. It concludes that there is no violation of the right to work, as the fishing restrictions derive from the State's duty to ensure a healthy environment and do not absolutely prohibit fishing in the Pacific coastal waters.", "primary_topic_id": null, "topic_ids": [], "date": "21/02/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-375285.json", "html_url": "/legal/doc/nexus-sen-1-0007-375285", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-375285" }, { "id": "nexus-sen-1-0007-378216", "citation": "Res. 06315-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Precautionary principle applied to tuna project due to environmental impact inconsistencies", "title_es": "Principio precautorio en proyecto atunero por contradicciones en el EIA", "summary_en": "The Constitutional Chamber reviews an amparo against MINAE and SETENA for granting environmental viability to Granjas Atuneras de Golfito S.A. to raise tuna in floating cages in Pavones, Golfito. Petitioners argue the Environmental Impact Assessment omitted risks to turtles, cetaceans, and waste management, and that the community and the Conte Burica Indigenous Reserve were not consulted. The Chamber identifies a key contradiction: SETENA and the company claim currents disperse waste toward the open sea, but the EIA itself (p. 135) states currents are slow and move toward the coast, posing a high impact. Based on the precautionary principle and the right to a healthy environment (Art. 50 Constitution), the Chamber partially grants the amparo: it orders suspension of the project until SETENA conducts technical studies ensuring that metabolic wastes will not harm the environment. It declines to order public consultation, finding no direct land-based impact on the community, and reminds INCOPESCA and the Water Department of their oversight duties. The State is ordered to pay costs, damages, and losses.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554" ], "date": "09/05/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-378216.json", "html_url": "/legal/doc/nexus-sen-1-0007-378216", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-378216" }, { "id": "nexus-sen-1-0007-384262", "citation": "Res. 09234-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Sanitary conditions at La Marina prison facility", "title_es": "Condiciones sanitarias en centro penal La Marina", "summary_en": "The Constitutional Court reviews a habeas corpus petition filed by an inmate at La Marina Institutional Center in San Carlos. The petitioner claims that detention conditions are inhumane due to mosquito infestation and leakage of excrement contaminating a nearby stream and areas. A Health Ministry inspection confirmed inadequate treatment of black and gray water, with collapsed septic tanks and discharge of wastewater into a river, violating Article 285 of the General Health Law. The Court reiterates that prison conditions must respect human dignity and that the State is obligated to remedy violations of fundamental rights. The petition is granted, and the Executive Branch is given six months to bring the facility into optimal sanitary conditions, as recommended by the Health Ministry.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/06/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-384262.json", "html_url": "/legal/doc/nexus-sen-1-0007-384262", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-384262" }, { "id": "nexus-sen-1-0007-387185", "citation": "Res. 01252-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Setback zone for springs and aquifer protection", "title_es": "Zona de retiro en nacientes y protección de mantos acuíferos", "summary_en": "The Constitutional Chamber reviewed an amparo action challenging a 100‑meter setback established by the water utility (AyA) around the Los Pinitos spring to allow fern cultivation. The claimant argued the distance was insufficient under the broader legal framework (200 m in flat terrain, 300 m in steep terrain) derived from the Water Law and the Land and Settlement Law, and that the precautionary principle was ignored given the vulnerability of the Poás aquifer. After an extensive analysis of the legal regime for groundwater, its public‑domain character, overlapping administrative competences, and the in dubio pro natura principle, the court held that the claimant’s rights were not violated. It dismissed the amparo but stressed that aquifer protection cannot rely solely on the 100‑meter limit set in the Forestry Law; all necessary precautionary measures must be taken based on technical studies, and disputes over the exact perimeter must be settled in ordinary administrative or judicial proceedings.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "08/02/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-387185.json", "html_url": "/legal/doc/nexus-sen-1-0007-387185", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-387185" }, { "id": "nexus-sen-1-0007-389592", "citation": "Res. 11155-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of Gandoca-Manzanillo Wildlife Refuge management plan for director's lack of authority", "title_es": "Nulidad del plan de manejo del Refugio Gandoca-Manzanillo por incompetencia del director", "summary_en": "The Constitutional Chamber annuls the 2003 Management Plan Regulation for the Gandoca-Manzanillo National Wildlife Refuge as unconstitutional. The majority holds that the Director of the La Amistad Caribe Conservation Area lacked substantive authority to issue the plan; under the Biodiversity Law, that function belongs to the Regional Council (first instance) and the National Council of Conservation Areas (final approval), not the director. By issuing the plan, the official committed a manifest lack of competence that violates the principle prohibiting arbitrariness (Article 11 of the Constitution). The challenge to Decree 29019-MINAE, which had tacitly reduced the refuge by excluding urban zones, is rejected, because a later decree eliminated the exclusion, restoring the original boundaries without violating the principle of non-reduction. The court declines to address the other grievances (lack of environmental impact assessment, use permits and land-use changes, participation of private parties in administrative functions), deeming them matters of mere legality to be resolved in ordinary courts.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "01/08/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-389592.json", "html_url": "/legal/doc/nexus-sen-1-0007-389592", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-389592" }, { "id": "nexus-sen-1-0007-391510", "citation": "Res. 11900-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal duty to issue regulatory plans and its relation to the right to a healthy environment", "title_es": "Deber municipal de emitir planes reguladores y su relación con el derecho a un ambiente sano", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a resident of Tibás against the Municipal Mayor, alleging a violation of the right to a healthy environment due to the reactivation of a commercial patent for Laquinsa, a company formulating agrochemicals in a residential area. The plaintiff argued that the company lacked a land-use certificate, generated pollution, and that the municipal decision ignored a prior ruling by the Contentious-Administrative Court denying a new patent. The majority dismissed the appeal, holding that no concrete environmental harm was proven and that the municipal act merely corrected an administrative error; it also declined to review the substance of sectoral permits given the summary nature of amparo. Nevertheless, the judgment unanimously reminds municipalities of their constitutional duty to issue regulatory plans to organize land use and protect the environment, given the municipality's inaction. The dissenting minority would have partially granted the appeal to immediately order the drafting of a regulatory plan based on the precautionary principle, recognizing that its absence could cause environmental damage.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "21/08/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-391510.json", "html_url": "/legal/doc/nexus-sen-1-0007-391510", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-391510" }, { "id": "nexus-sen-1-0007-392530", "citation": "Res. 14826-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed for property title in peasant settlement", "title_es": "Improcedencia de amparo para obtener título de propiedad en asentamiento campesino", "summary_en": "The Constitutional Court processed an amparo filed by an occupant of a plot in the Los Planes Peasant Settlement, Bahía Drake, against the Agrarian Development Institute (IDA) for refusing to issue a property title. The petitioner claimed over twenty years of possession and fulfillment of requirements, while others in similar circumstances had received titles. The IDA reported that due to constitutional rulings such as 1763-94 and 2988-99—which declared unconstitutional Article 8 of Law 7599 on titling in forest areas—and a Comptroller General’s report ordering the transfer of lands in forest reserves to MINAE, the institution was legally barred from continuing to grant titles in that area. The Court determined that assessing compliance with requirements and property rights is a matter of ordinary legality beyond its jurisdiction, and that the IDA had not left the petitioner in uncertainty, having informed him of the special circumstances affecting the land. The amparo was therefore dismissed.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "12/10/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-392530.json", "html_url": "/legal/doc/nexus-sen-1-0007-392530", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-392530" }, { "id": "nexus-sen-1-0007-393162", "citation": "Res. 00613-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Relocation due to risk not within Constitutional Court jurisdiction", "title_es": "Reubicación por riesgo no es competencia de la Sala Constitucional", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by residents of Osa Canton who sought relocation or compensation under the Urban Regulatory Plan, claiming violation of their right to a healthy environment by living in high or medium flood-risk zones. The Chamber found that the plan was partially repealed in 2001 regarding the relocation of Ciudad Cortés, and that the petitioners' claims —to receive property in the new development area or financial compensation— constitute an ordinary legality dispute over land-use planning and individual rights. The Court dismissed the action, holding that the matter falls outside constitutional jurisdiction and must be pursued before the Municipality itself or through ordinary judicial channels, with no direct breach of Article 50 of the Constitution.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "19/01/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-393162.json", "html_url": "/legal/doc/nexus-sen-1-0007-393162", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-393162" }, { "id": "nexus-sen-1-0007-394397", "citation": "Res. 02063-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prohibition on titling lands in national reserves", "title_es": "Prohibición de titular tierras en reservas nacionales", "summary_en": "The Constitutional Chamber declared unconstitutional the Regulation for Titling in National Reserves issued by the IDA, annulling it retroactively. The Chamber held that the regulation indiscriminately allowed private titling of lands forming part of the State's natural heritage —such as forest reserves, protective zones, national parks and wildlife refuges—, violating Article 50 of the Constitution (right to a healthy and ecologically balanced environment) and the special legal regime of public domain goods, which are inalienable and imprescriptible. The decision reaffirms that any declassification of such goods requires a formal law, preceded by a technical-scientific study, and confirms that tacit administrative approval (silencio positivo) does not operate in environmental matters. The resolution also orders the recovery of public domain lands that may have been titled under the annulled regulation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "14/02/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-394397.json", "html_url": "/legal/doc/nexus-sen-1-0007-394397", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-394397" }, { "id": "nexus-sen-1-0007-394781", "citation": "Res. 07137-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Wildlife inspectors with police authority appointed by private entities", "title_es": "Nombramientos de inspectores de vida silvestre con autoridad de policía por entes privados", "summary_en": "The Constitutional Chamber struck down a legislative authorization embedded in a 1989 budget law that allowed the Ministry of Environment and Energy to enter into agreements with private conservation organizations so they could hire personnel with the same powers as regular officials, including police authority. The Chamber held that including this authorization in a budget law violated the constitutional procedure for lawmaking because it was an atypical norm unrelated to budget matters. The executive decree regulating these appointments was consequently also annulled. As for Articles 54 of the Forestry Law and 15 and 16 of the Wildlife Law, the action was dismissed on the merits based on precedents upholding the constitutionality of limitations on private property and the inspection powers of forestry officials on private lands, even when not voluntarily submitted to the forestry regime, provided the essential content of the right is not nullified.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "23/05/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-394781.json", "html_url": "/legal/doc/nexus-sen-1-0007-394781", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-394781" }, { "id": "nexus-sen-1-0007-394906", "citation": "Res. 08098-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied for land titling in Osa Settlement within Golfo Dulce Forest Reserve", "title_es": "Rechazo de amparo sobre titulación en Asentamiento Osa dentro de Reserva Forestal Golfo Dulce", "summary_en": "The Constitutional Chamber denies on the merits the amparo filed by members of the Independent Agricultural Producers Union of Osa Canton against the IDA, its Board, the MAG, and the IDA Executive Presidency. The petitioners sought an order to title parcels in the Osa Peasant Settlement, claiming lack of titles prevented access to housing and service credit. The Chamber notes the lands were declared Golfo Dulce Forest Reserve in April 1978, before their expropriation in May 1979, precluding titling by ITCO/IDA. It cites prior constitutional ruling 2988-99, which declared Article 8 of Law 7599 unconstitutional for violating Articles 7, 50, and 89 of the Constitution by attempting indiscriminate titling in protected areas. Since the respondents face a material impossibility to title within forest reserves, the amparo is groundless, without prejudice to the petitioners pursuing administrative litigation.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575", "procedural-environmental" ], "date": "12/06/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-394906.json", "html_url": "/legal/doc/nexus-sen-1-0007-394906", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-394906" }, { "id": "nexus-sen-1-0007-394950", "citation": "Res. 08416-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "RITEVE S y C: Impropriety of Revocation and Clarification of Amparo Judgment", "title_es": "RITEVE S y C: procedencia de revocatoria y aclaración de sentencia de amparo", "summary_en": "The Constitutional Chamber resolved a request for revocation and addition/clarification filed by the General Comptroller's Office against judgment No. 11856-2004, which had granted an amparo in favor of RITEVE S y C. The Comptroller argued error in the appreciation of facts and sought clarification on the scope of the partial annulment of report DFOE-OP-25/2003. The Chamber dismissed both requests. Regarding revocation, it recalled that Article 11 of the Constitutional Jurisdiction Law provides that no appeal lies against its judgments, and sua sponte revocation only applies in cases of factual error, which did not occur, interpreting that the applicant merely disagreed with the ruling. On clarification, it stated that under Article 12, such remedy only serves to supplement unadjudicated points or clarify confusing aspects, but the operative part clearly annulled the report insofar as it imputed breaches without a prior hearing, with no obscurity requiring clarification.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/06/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-394950.json", "html_url": "/legal/doc/nexus-sen-1-0007-394950", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-394950" }, { "id": "nexus-sen-1-0007-398203", "citation": "Res. 15850-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "State omission in environmental complaints in Guanacaste beaches", "title_es": "Omisión estatal ante denuncias ambientales en playas de Guanacaste", "summary_en": "The Constitutional Chamber reviews an amparo appeal regarding alleged inaction by the Ministry of Environment (MINAE) and the Municipality of Santa Cruz in response to environmental complaints. Although forestry permits were issued in Playa Real, the appellant reported damage to forests in Zapotillal, Nombre de Jesús and Minas beaches without effective response. The Chamber holds that the legality of permits must be challenged through administrative or contentious proceedings, not amparo, but finds omissions in investigating the complaints, labeling the conduct as ineffective “paper Administration”. It concludes that authorities violated Article 50 of the Constitution by failing to guarantee a healthy environment and orders them to investigate and definitively respond to the complaints within eight days, warning of disobedience and awarding costs and damages.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "31/10/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-398203.json", "html_url": "/legal/doc/nexus-sen-1-0007-398203", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-398203" }, { "id": "nexus-sen-1-0007-398482", "citation": "Res. 15144-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo Against Mundimar for Pollution Denied", "title_es": "Amparo contra Mundimar por contaminación denegado", "summary_en": "The Constitutional Chamber dismisses the amparo filed by community representatives and workers against Mundimar S.A. and environmental authorities for alleged pollution of the Molino and Amarillo Rivers and improper ammonia handling. The Chamber notes that the company holds valid environmental viability and a sanitary operating permit, and recent inspections found no anomalies in hazardous substance management or wastewater discharge. The Environmental Administrative Tribunal is processing related complaints, but environmental harm has not been proven. As no fundamental right violation is shown, the amparo is denied.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "19/10/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-398482.json", "html_url": "/legal/doc/nexus-sen-1-0007-398482", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-398482" }, { "id": "nexus-sen-1-0007-399551", "citation": "Res. 16276-2006 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutionality of reducing buffer zones for aerial fumigation", "title_es": "Inconstitucionalidad de la reducción de franjas de retiro en fumigación aérea", "summary_en": "The Constitutional Chamber partially granted an unconstitutionality action against several articles of the Regulation for Agricultural Aviation Activities (Executive Decree No. 31520). The plaintiff argued that the rules endangered health and the environment, especially due to omissions in groundwater protection and the reduction of safety buffer zones. The Chamber held that Article 70 violated the precautionary principle and the rights to a healthy environment and health by allowing the no-spray zone to be reduced from 100 to 30 meters without sufficient scientific basis and under conditions difficult to control. It therefore annulled the part of the article that authorized such reductions. Regarding the remaining articles (24, 54, 68, and 71), although it found shortcomings, the Chamber decided that annulling them would create a greater legal gap, so it dismissed the action on those points, urging technical authorities to improve the regulation. The judgment is declaratory and retroactive to the date of the decree, preserving rights acquired in good faith.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554" ], "date": "08/11/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0007-399551.json", "html_url": "/legal/doc/nexus-sen-1-0007-399551", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-399551" }, { "id": "nexus-sen-1-0007-403596", "citation": "Res. 17388-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Playa Uvita Regulatory Plan Approved Without Environmental Viability Violates Article 50 of the Constitution", "title_es": "Plan Regulador de Playa Uvita aprobado sin viabilidad ambiental viola el artículo 50 constitucional", "summary_en": "The Constitutional Chamber granted an amparo action against the Municipality of Osa and the Costa Rican Tourism Institute for approving the Playa Uvita Regulatory Plan without submitting it to the environmental viability process before SETENA, as required by Article 67 of the General Regulation on Environmental Impact Assessment Procedures (Decree 31849-MINAE-S-MOPT-MAG-MEIC, in force since 2004). The Chamber reiterated that integrating the environmental variable into regulatory plans is a mandatory prerequisite for approval, and that environmental impact assessment is a non-delegable State function. The absence of strategic environmental assessment constitutes an illegitimate threat to the right to a healthy and ecologically balanced environment enshrined in Article 50 of the Constitution. The ruling ordered that the plan undergo environmental viability review by SETENA, that SETENA's observations be incorporated before publication, and imposed costs and damages on the State and the Municipality.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "28/11/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-403596.json", "html_url": "/legal/doc/nexus-sen-1-0007-403596", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-403596" }, { "id": "nexus-sen-1-0007-405153", "citation": "Res. 00583-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of habeas corpus regarding pretrial detention and access to case file", "title_es": "Improcedencia de hábeas corpus por prisión preventiva y acceso al expediente", "summary_en": "The Constitutional Chamber reviews a habeas corpus petition filed on behalf of a defendant against the Criminal Court on Duty and the Trial Court of the Second Judicial Circuit of San José. The petitioner claims that the three-month pretrial detention imposed on his client was arbitrary and lacked reasoning, and that access to the case file was denied, violating the right to defense. The Chamber examines both claims. Regarding pretrial detention, it finds that the challenged decision meets the requirements of Article 239 of the Criminal Procedure Code, as it specifies sufficient evidence of guilt, the applicable prison sentence, and flight risk based on the declaration of default. As for access to the file, the Chamber determines that the denial was not arbitrary but resulted from the file's transfer to the Trial Court, where it was physically located. The Chamber dismisses the petition, finding no constitutional violations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/01/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-405153.json", "html_url": "/legal/doc/nexus-sen-1-0007-405153", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-405153" }, { "id": "nexus-sen-1-0007-405264", "citation": "Res. 00815-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative withdrawal of sanitary permit without legal procedure is unconstitutional", "title_es": "Improcedencia de revocación administrativa de autorización sanitaria sin seguir procedimiento legal", "summary_en": "The Constitutional Chamber reviews a writ of amparo against the Ministry of Health for canceling two sanitary permits for the sale of small fireworks, merely by granting a third party's appeal for review without hearing the permit holder. The petitioner claims violation of due process and the principle of irrevocability of administrative acts that grant rights, since the administration did not follow the lesividad procedure nor the mechanism under Article 173 of the General Public Administration Law. The Chamber partially upholds the amparo: it finds a breach of Article 34 of the Constitution but limits the ruling to compensatory effects, because public-health regulations prohibit two fireworks outlets within 100 meters. The State is ordered to pay damages and costs, to be determined in an administrative contentious court proceeding.", "primary_topic_id": "_off-topic", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "18/01/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-405264.json", "html_url": "/legal/doc/nexus-sen-1-0007-405264", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-405264" }, { "id": "nexus-sen-1-0007-406595", "citation": "Res. 05689-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental Amparo on Pineapple Plantations in Limón", "title_es": "Amparo Ambiental sobre Piñeras en Limón", "summary_en": "The Constitutional Chamber hears an amparo filed by the Association Justicia para la Naturaleza against several pineapple companies and public authorities for alleged violations of the right to health and a healthy environment. The claimants argue that pesticide use affects workers' and neighbors' health, contaminates water sources, and that improper waste disposal causes proliferation of the Stomoxys calcitrans fly, harming livestock. The Chamber analyzes the evidence and partially grants the appeal: it orders the Ministry of Health to inspect the Babilonia farm; the MAG to eradicate the fly plague and improper pineapple waste disposal; and MINAE and SETENA to determine whether Piña Frut, SEBASTOPOL, and the Babilonia farm require an environmental impact study, and if so, to demand it. The rest of the claims are rejected due to lack of evidence or proven compliance by Piña Frut, Piñas del Bosque, and SEBASTOPOL.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "art-50-constitution", "environmental-law-7554", "criminal-environmental" ], "date": "11/04/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-406595.json", "html_url": "/legal/doc/nexus-sen-1-0007-406595", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-406595" }, { "id": "nexus-sen-1-0007-409265", "citation": "Res. 00317-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disobedience of amparo ruling by municipal mayor", "title_es": "Desobediencia de sentencia de amparo por alcalde municipal", "summary_en": "The Constitutional Chamber denies a reconsideration request filed by the Mayor of Cartago against a ruling that ordered the referral of records for disobedience of an amparo judgment. The Mayor argued compliance within the deadline, but the Chamber found that compliance occurred only after the disobedience motion was filed and notified, violating Article 53 of the Constitutional Jurisdiction Law requiring immediate compliance. The Chamber clarifies that a motion for addition or clarification cannot revoke a final decision and that the original ruling is clear. It reaffirms public officials' duty to promptly obey constitutional judgments, particularly when health and environmental rights of the petitioners are at stake.", "primary_topic_id": null, "topic_ids": [], "date": "11/01/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-409265.json", "html_url": "/legal/doc/nexus-sen-1-0007-409265", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-409265" }, { "id": "nexus-sen-1-0007-411600", "citation": "Res. 05897-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Outdoor advertising and Escazú Regulatory Plan do not violate constitutional rights", "title_es": "Publicidad exterior y Plan Regulador de Escazú no violan derechos constitucionales", "summary_en": "The Constitutional Chamber dismisses a writ of amparo filed by several outdoor advertising companies against the Municipality of Escazú. The plaintiff alleged that the denial of permits to install billboards and advertising hoardings, based on the cantonal Regulatory Plan, violated the right to commerce, to free enterprise, and the principle of normative hierarchy. The Chamber recalls that in a previous judgment (2008-1569), it had already declared unfounded a constitutional claim against the same provisions of the Regulatory Plan, confirming that the municipal regulation on outdoor advertising is compatible with the Constitution. As no new arguments were presented and the court saw no reason to vary its criteria, the amparo is declared without merit. The court upholds the municipal authority to regulate advertising structures on private property, conditioning their installation on obtaining a construction license in accordance with urban planning regulations, and notes that such advertising can be limited to protect the right to a healthy environment (Article 50 of the Constitution) from visual contamination.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "procedural-environmental" ], "date": "15/04/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-411600.json", "html_url": "/legal/doc/nexus-sen-1-0007-411600", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-411600" }, { "id": "nexus-sen-1-0007-411740", "citation": "Res. 06801-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of unconstitutionality claim against Article 65 of the Forestry Law Regulation", "title_es": "Rechazo de inconstitucionalidad contra artículo 65 del Reglamento a la Ley Forestal", "summary_en": "The Constitutional Chamber summarily dismisses an unconstitutionality action against Article 65 of Executive Decree 25721-MINAE, the Forestry Law Regulation. The claimant company argued that the norm exceeded the Executive's regulatory authority by preventing simultaneous access to tax incentives (property tax exemption) and environmental services payments, allegedly contradicting Articles 22 and 23 of the Forestry Law. The Chamber declares the action inadmissible on two grounds: first, the underlying matter was not at the exhaustion-of-administrative-remedies stage —only a request for revocation had been filed, without an appeal before the superior—; second, the claim involves a mere legality dispute between a regulation and a law, which must be resolved by the contentious-administrative jurisdiction, not the constitutional one, as no fundamental right was directly violated.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "23/04/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-411740.json", "html_url": "/legal/doc/nexus-sen-1-0007-411740", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-411740" }, { "id": "nexus-sen-1-0007-416834", "citation": "Res. 12109-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Protection of the Barva Volcano Mountain and aquifers", "title_es": "Protección de la Montaña del Volcán Barva y mantos acuíferos", "summary_en": "The Constitutional Court granted an amparo action filed by an environmental foundation against multiple state entities and municipalities for violating the right to a healthy environment (Article 50 of the Constitution). The Court found that Decree-Law No. 65 of 1888, which declared inalienable a two-kilometer strip on each side of the Barva Volcano Mountain ridge to protect water sources supplying Heredia, Alajuela, and part of San José, remains in force but has not been physically delimited or effectively protected. It also determined that construction permits have been granted in that zone and that the municipalities have not incorporated the hydrogeological vulnerability maps recommended by SENARA into their urban planning regulations. Additionally, it was proven that a shelter for abandoned dogs operated without permits in the Jaguarundí Wildlife Refuge, with potential contamination of water sources. The Court ordered the physical delimitation of the area protected by the 1888 Decree, the recovery of lands occupied by private parties, a ban on new permits in that zone, the incorporation of aquifer vulnerability studies into urban planning, and action against the illegal shelter. The State and municipalities were ordered to pay costs, damages, and losses.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "05/08/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-416834.json", "html_url": "/legal/doc/nexus-sen-1-0007-416834", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-416834" }, { "id": "nexus-sen-1-0007-417329", "citation": "Res. 03923-2007 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Legislative omission regarding precautionary measures for felling planted trees", "title_es": "Omisión legislativa sobre medidas precautorias en tala de árboles plantados", "summary_en": "The Constitutional Chamber reviewed a constitutional challenge against Articles 27 and 28 of the Forestry Law and Articles 90 and 91 of its Regulation, which allegedly permitted unrestricted felling of non-native trees like cypress. The Chamber found Articles 27, 90, and 91 were not unconstitutional as they require prior authorization for felling. Regarding Article 28 —which exempts forest plantations, agroforestry systems, and individually planted trees from felling permits— the Chamber found a relative legislative omission: the law lacks prior precautionary measures to ensure that such felling does not harm areas that, due to their ecological function, location, or age, deserve protection even if they fall outside the restrictive legal definition of forest. The Chamber ordered the Legislative Assembly to remedy this omission by incorporating preventive measures, without declaring the article's text unconstitutional per se. Justice Jinesta dissented.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "21/03/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0007-417329.json", "html_url": "/legal/doc/nexus-sen-1-0007-417329", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-417329" }, { "id": "nexus-sen-1-0007-419117", "citation": "Res. 10032-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against detention of tuna vessel and public prosecutor actions", "title_es": "Amparo contra detención de embarcación atunera y actuaciones del Ministerio Público", "summary_en": "The Constitutional Chamber rejects the amparo filed by crew and owners of the tuna vessel Tiuna I, detained near Cocos Island on suspicion of illegal fishing. The claimants alleged violation of due process, legality, equality, natural judge, and access to jurisdiction, challenging the legality of the detention, disposal of the catch, judicial deposit of the vessel with INCOPESCA and the captain, and criminal rather than administrative jurisdiction. The Court finds that the prosecutor's actions were investigatory steps authorized by the criminal judge and that there is no direct and gross violation of fundamental rights, referring any procedural irregularities to the ordinary criminal process.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "17/06/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-419117.json", "html_url": "/legal/doc/nexus-sen-1-0007-419117", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-419117" }, { "id": "nexus-sen-1-0007-420665", "citation": "Res. 11696-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to regulate visual pollution under Article 71 of the Environmental Law", "title_es": "Omisión de reglamentar contaminación visual del art. 71 LOA", "summary_en": "The Constitutional Chamber grants an amparo action against the Minister of Environment and Energy for failing to regulate Article 71 of the Environmental Law (No. 7554), which mandates the Executive to adopt measures to prevent visual pollution. The Court finds that, since 1995, the law requires such regulation and that thirteen years have elapsed without the necessary technical standards being issued, despite the explicit duty in Article 117 and constitutional duties under Articles 11 and 194. The Court orders the Executive to issue the regulation within two months and orders the State to pay costs, damages, and losses. The ruling reaffirms that the regulatory power is an inescapable duty when the legislature expressly imposes it, and that omission violates the principle of legality.", "primary_topic_id": "landscape-protection", "topic_ids": [ "environmental-law-7554", "procedural-environmental", "landscape-protection" ], "date": "25/07/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-420665.json", "html_url": "/legal/doc/nexus-sen-1-0007-420665", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-420665" }, { "id": "nexus-sen-1-0007-420689", "citation": "Res. 11743-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to Information on Persons in the Diquís Hydroelectric Project Area", "title_es": "Acceso a información sobre personas en área del PH Diquís", "summary_en": "The Constitutional Chamber reviewed an amparo action against ICE for refusing to provide information on the number, names, and qualities of indigenous and non-indigenous persons within the area of influence of the Diquís Hydroelectric Project, and for not providing technical studies that supported an executive decree declaring the project of public interest. The Chamber reaffirmed the content and limits of the right of access to administrative information under Article 30 of the Constitution. Regarding the names, it held there was no justification for withholding them, as the matter is of clear public interest given its link to public service, public funds, and potential environmental impact. The amparo was granted on this point and ICE was ordered to provide the names. The claim for technical studies was dismissed because it was proven they did not yet exist; the project was in an early data‑collection phase for the EIA. The appeal was partially granted, with costs awarded against ICE.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "procedural-environmental", "indigenous-law-6172" ], "date": "25/07/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-420689.json", "html_url": "/legal/doc/nexus-sen-1-0007-420689", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-420689" }, { "id": "nexus-sen-1-0007-421945", "citation": "Res. 16975-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ecotourism decree ruled unconstitutional by Constitutional Chamber", "title_es": "Decreto de ecoturismo declarado inconstitucional por Sala Constitucional", "summary_en": "The Constitutional Chamber ruled Executive Decree 31750-MINAE-TUR unconstitutional in its entirety. The decree regulated ecotourism in forested areas of the maritime-terrestrial zone but was found to violate the right to a healthy environment (Article 50 of the Constitution). The Chamber held that by subjecting State Natural Heritage forests to municipal administration via coastal regulatory plans, and allowing tree felling and multi-story hotel construction, the decree exceeded the executive's regulatory authority and conflicted with environmental protection laws. It emphasized that municipal concessions were incompatible with the absolute conservation of protected areas and noted that the decree repealed a prior rule limiting construction to rustic structures, thus weakening environmental safeguards. The decree was struck down as contrary to principles of reasonableness, proportionality, and the State's duty to preserve natural heritage.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "12/11/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-421945.json", "html_url": "/legal/doc/nexus-sen-1-0007-421945", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-421945" }, { "id": "nexus-sen-1-0007-423457", "citation": "Res. 13426-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ban on harvesting yellow almond tree to protect the great green macaw", "title_es": "Prohibición de aprovechamiento del almendro amarillo para proteger la lapa verde", "summary_en": "The Constitutional Chamber annuls an administrative resolution from the Arenal Huetar Norte Conservation Area that allowed the harvesting of naturally fallen yellow almond wood. The court finds that the resolution disregards the vital dependency of the great green macaw —an endangered species— on the yellow almond tree, its habitat and main food source. The ruling establishes the State's duty to protect both the species and its ecosystem, and bans starting any exploitation procedure for the almond tree while it remains listed as threatened or endangered. It orders the Environmental Administrative Tribunal to conduct periodic inspections and instructs environmental authorities to circulate the ruling to all conservation areas. The court reaffirms standing in environmental amparo actions under diffuse interest.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "art-50-constitution", "wildlife-law-7317" ], "date": "02/09/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-423457.json", "html_url": "/legal/doc/nexus-sen-1-0007-423457", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-423457" }, { "id": "nexus-sen-1-0007-424194", "citation": "Res. 13568-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied for lack of proof on breach of spring rehabilitation agreements", "title_es": "Negativa de amparo por falta de prueba sobre incumplimiento de acuerdos de rehabilitación de nacientes", "summary_en": "The Constitutional Chamber denies an amparo filed against the Water and Sewer Institute, the Ministry of Health, and two pineapple companies, in which the plaintiff claimed the companies had breached commitments to eliminate bromacil contamination from water sources. The Chamber finds that, although bromacil was detected in an aquifer, levels never exceeded EPA reference standards and the companies had implemented mitigation measures (200-meter protection perimeter, suspension of the herbicide, drilling of an alternative well). Since the plaintiff failed to specify which concrete actions were omitted and a technical disagreement remained on tolerance levels and remediation methods, the dispute is not suited for the summary amparo procedure, as it requires complex evidence. The Chamber underscores that separate proceedings regarding the contamination itself are already underway.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "05/09/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-424194.json", "html_url": "/legal/doc/nexus-sen-1-0007-424194", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-424194" }, { "id": "nexus-sen-1-0007-424220", "citation": "Res. 13619-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Executive Branch Omission to Regulate Therapeutic Equivalence Studies", "title_es": "Omisión del Poder Ejecutivo en regular estudios de equivalencia terapéutica", "summary_en": "The Constitutional Chamber reviews the Executive Branch's omission to issue regulations governing therapeutic equivalence studies for the registration of multi-source sanitary risk pharmaceuticals, as required by Transitory Provision I of Executive Decree 28466-S. The Chamber finds that the six-year delay in issuing the regulation violated the constitutional rights to life and health of consumers. It declares that the failure to publish and periodically update the lists of risky medications, along with the lack of budgetary planning to implement these controls, constitutes a threat to public health. The Court also highlights the application of the precautionary principle in the field of human health, whereby scientific uncertainty does not justify state inaction. The unconstitutionality action is upheld, and the petitioner must abide by that ruling.", "primary_topic_id": null, "topic_ids": [], "date": "05/09/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-424220.json", "html_url": "/legal/doc/nexus-sen-1-0007-424220", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-424220" }, { "id": "nexus-sen-1-0007-424395", "citation": "Res. 08713-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of Cabo Velas Zoning Regulation for encroaching Las Baulas Marine National Park", "title_es": "Anulación del Reglamento de Zonificación de Cabo Velas por invadir Parque Nacional Marino Las Baulas", "summary_en": "The Constitutional Chamber annuls the Cabo Velas District Zoning Regulation issued by the Municipality of Santa Cruz. The ruling determines that the regulation encroaches on the terrestrial portion of Las Baulas Marine National Park, established by Executive Decree 20518-MIRENEM and Law 7524, within a 125-meter strip from the ordinary high tide line. The Chamber analyzes the conflict between municipal zoning authority and the national interest in protecting the nesting habitat of the leatherback turtle (Dermochelys coriacea), an endangered species. It applies the precautionary principle and the binding nature of environmental regulations, grounded in Article 50 of the Constitution and international treaties such as the Inter-American Convention for the Protection of Sea Turtles. It concludes that the municipality lacked jurisdiction to regulate lands affected by public domain and a protected wilderness area, and that the regulation violates the state's duty to ensure a healthy and ecologically balanced environment.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554" ], "date": "23/05/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-424395.json", "html_url": "/legal/doc/nexus-sen-1-0007-424395", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-424395" }, { "id": "nexus-sen-1-0007-425672", "citation": "Res. 08770-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Delay in expropriation in Las Baulas National Park and prompt justice", "title_es": "Demora en expropiación en Parque Nacional Las Baulas y justicia pronta", "summary_en": "The Constitutional Chamber grants an amparo action filed by the owner of a private property located within the Las Baulas National Marine Park. The court finds that the Ministry of Environment and Energy (MINAE) incurred an excessive and unjustified delay —nearly 10 years from the park's creation law and over 18 months since the public interest declaration— in initiating the expropriation procedure, violating the principle of prompt justice under Article 41 of the Constitution. Additionally, the National Environmental Technical Secretariat (SETENA) took almost 7 months to resolve the revocation and appeal remedies against the suspension of environmental viability procedures, also breaching that principle. The Chamber orders MINAE to proceed with expropriation within a reasonable time or, if lacking funds, to allow the owner to exercise her property rights with the necessary environmental permits and studies. The State is ordered to pay costs, damages, and losses for freezing the property.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/05/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-425672.json", "html_url": "/legal/doc/nexus-sen-1-0007-425672", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-425672" }, { "id": "nexus-sen-1-0007-426079", "citation": "Res. 17292-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Dismissal of unconstitutionality action against Decree 34801-MINAET on Crucitas", "title_es": "Rechazo de acción de inconstitucionalidad contra Decreto 34801-MINAET sobre Crucitas", "summary_en": "The Constitutional Chamber, by majority vote, dismisses outright the unconstitutionality action filed by Jorge Enrique Romero Pérez against Executive Decree 34801-MINAET of October 13, 2008, which declared the Crucitas mining project to be of public interest and national convenience. The majority finds that the decree is not a normative provision but a concrete and particularized act that qualifies an individualized project, so the proper means of challenge is an amparo appeal, not the action of unconstitutionality. The plaintiff argued that the decree authorized the felling of almendro amarillo trees, a species prohibited by the Chamber's own precedent, and that the declaration lacked technical basis and violated the principle of forest irreducibility and the right to a healthy environment. Relying on prior case law, the Chamber redirects the matter to amparo proceedings and orders the memorial to be detached for processing as a new amparo appeal. Judges Armijo and Cruz dissent, arguing that the decree does have a normative character due to its form and content, and that admissibility is mandated by environmental protection and the precautionary principle.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "procedural-environmental", "art-50-constitution", "forestry-law-7575" ], "date": "19/11/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-426079.json", "html_url": "/legal/doc/nexus-sen-1-0007-426079", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-426079" }, { "id": "nexus-sen-1-0007-426946", "citation": "Res. 14186-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Escazú Regulatory Plan: Construction Restrictions in the Cerros de Escazú Protective Zone", "title_es": "Plan Regulador de Escazú: restricciones constructivas en la Zona Protectora Cerros de Escazú", "summary_en": "The Constitutional Chamber flatly rejected an unconstitutionality action against Article 16.2 of the Escazú Regulatory Plan, which imposes severe construction limits in the Cerros de Escazú Protective Zone (maximum one 60 m² dwelling per property). The plaintiffs alleged violation of the principle of normative hierarchy, disproportionality, inequality, and harm to Article 50 of the Constitution. The Chamber declared the action inadmissible for lack of standing, holding that property owners' interests cannot override the fundamental right to a healthy and ecologically balanced environment. On the merits, the Chamber reaffirmed that local governments are empowered — and obligated — to impose environmental restrictions in regulatory plans, provided they are compatible with superior legislation and do not empty the essential content of property rights. It concluded that the challenged restrictions were not shown to be incompatible with the protective zone declaration or disproportionate, and that municipal autonomy permits different regulations across cantons.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "24/09/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-426946.json", "html_url": "/legal/doc/nexus-sen-1-0007-426946", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-426946" }, { "id": "nexus-sen-1-0007-428325", "citation": "Res. 15443-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of unconstitutionality action against Article 65 of the Forest Law Regulation due to a mere legality conflict", "title_es": "Inadmisibilidad de acción de inconstitucionalidad contra el artículo 65 del Reglamento de la Ley Forestal por conflicto de mera legalidad", "summary_en": "The Constitutional Chamber flatly rejects the unconstitutionality action filed by Charada S.A. against the final paragraph of Article 65 of the Forest Law Regulation. The company argued that this regulatory provision, by prohibiting simultaneous access to fiscal incentives and payment for environmental services, exceeded the Executive Branch's regulatory powers and modified the Forest Law, violating Article 23 thereof and the principle of normative hierarchy. The Chamber concludes that the issue raised is not a true constitutional conflict, but one of mere legality, since the discussion focuses on whether the regulation contravenes or exceeds the law, without directly harming a fundamental right. Therefore, it declares the action inadmissible and directs the plaintiff to the administrative litigation jurisdiction to assert its rights.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "15/10/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-428325.json", "html_url": "/legal/doc/nexus-sen-1-0007-428325", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-428325" }, { "id": "nexus-sen-1-0007-428359", "citation": "Res. 15585-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo denied regarding administrative inspection and land classification", "title_es": "Rechazo de amparo por inspección administrativa y clasificación de terrenos", "summary_en": "The Constitutional Chamber denied the amparo petition filed by Sociedad Protectora de la Fauna y Flora Marítima de Mal País S.A. against the Municipality of Cóbano and SINAC. The company alleged due process violations due to an inspection conducted at its hotel without prior notification and sought recognition of a concession over the land. The Chamber found that the company only holds a precarious land-use permit, not a concession, and thus could not grant that right. It also held that the State has the power to inspect public lands without notifying permit holders, and that the contested report was not a definitive certification regarding State Natural Heritage, so the company's fear was premature. Furthermore, the suspension of the municipal license was deemed a legitimate precautionary measure, as the precarious permit can be revoked unilaterally.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "17/10/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-428359.json", "html_url": "/legal/doc/nexus-sen-1-0007-428359", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-428359" }, { "id": "nexus-sen-1-0007-430139", "citation": "Res. 17650-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of logging permit in Playa Espadilla due to unconstitutionality of Decree 31750-MINAE-TUR", "title_es": "Anulación de autorización de tala en Playa Espadilla por inconstitucionalidad del Decreto 31750-MINAE-TUR", "summary_en": "The Constitutional Chamber granted an amparo against the Ministry of Environment and Energy and annulled resolution R-171-2004-MINAE, which authorized the company Playa Dulce Vida S.A. to cut down 46 trees in Playa Espadilla, Quepos. The decision was based on the prior ruling 2008-16975, which declared unconstitutional Executive Decree 31750-MINAE-TUR, the normative basis for the authorization. The Chamber held that the decree violated Article 50 of the Constitution by allowing tree felling and forest exploitation in areas of the State's Natural Heritage, including protected wildlands, encroaching on municipal powers, contradicting the Forestry Law, the National Parks Law, the Biodiversity Law, and others, and creating a fragmented and unequal regulatory framework. The amparo was granted, the administrative act was annulled, and the State was ordered to pay costs.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "05/12/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-430139.json", "html_url": "/legal/doc/nexus-sen-1-0007-430139", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-430139" }, { "id": "nexus-sen-1-0007-430141", "citation": "Res. 17659-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Tree felling authorized by unconstitutional decree annulled", "title_es": "Corta de árboles autorizada mediante decreto inconstitucional anulado", "summary_en": "The Constitutional Chamber grants an amparo action against the Ministry of Environment and Energy and the Municipality of Aguirre. The action challenged resolution R-171-2004-MINAE, which authorized the company Playa Dulce Vida S.A. to fell 46 trees at Playa Espadilla, Quepos, for a tourism development. The Chamber had previously annulled as unconstitutional the Executive Decree 31750-MINAE-TUR on which the resolution was based. That decree allowed ecotourism involving tree felling and forest use in coastal forest areas, granted municipalities authority over State Natural Heritage, and permitted construction in protected areas, violating Article 50 of the Constitution, the Forestry Law, the National Parks Law, and the Biodiversity Law. With the regulatory basis of the administrative act nullified, the Chamber annuls the ministerial resolution and orders the State to pay costs, damages, and losses.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788" ], "date": "05/12/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-430141.json", "html_url": "/legal/doc/nexus-sen-1-0007-430141", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-430141" }, { "id": "nexus-sen-1-0007-430153", "citation": "Res. 17776-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative eviction for occupation of public domain property", "title_es": "Desahucio administrativo por ocupación de bien demanial", "summary_en": "This constitutional ruling (Recurso de Amparo) rejects a claim by individuals occupying land owned by the Institute for Agrarian Development (IDA). The Court holds that the property is a 'bien demanial' (public domain asset), thus possessions are precarious and do not require a full administrative procedure prior to eviction. The Tribunal reiterates that public domain goods are inalienable, imprescriptible, and not subject to possession. It also clarifies that there is no fundamental right to a second-instance administrative review outside criminal matters, and that the filing of appeals does not suspend the execution of administrative acts. The Court finds no violation of due process or legitimate expectations, as the IDA had already exhausted administrative remedies and the claimants may pursue ordinary legal channels.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "09/12/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-430153.json", "html_url": "/legal/doc/nexus-sen-1-0007-430153", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-430153" }, { "id": "nexus-sen-1-0007-435391", "citation": "Res. 12417-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of amparo against administrative eviction of public domain property", "title_es": "Improcedencia del amparo contra desalojo administrativo de bien demanial", "summary_en": "The Constitutional Court rejects an amparo action against the IDA and the Ministry of Public Security filed by an occupant of a parcel owned by the IDA. The petitioner alleged due process violations in the administrative eviction because his arguments and more than two years of possession were not considered. The Court reaffirmed its jurisprudence: public domain goods (such as this one, registered in the IDA's name) are inalienable, imprescriptible and unattachable, so no possessory right can be claimed over them. Although prior procedure is not required, the IDA still granted a hearing, received the petitioner's defenses, and rejected them through a Board of Directors decision, ruling out any due process violation. The Ministry of Public Security merely executed the eviction order after verifying ownership, without requiring additional proceedings. Finding no infringement of fundamental rights, the Court dismisses the amparo.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "14/08/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-435391.json", "html_url": "/legal/doc/nexus-sen-1-0007-435391", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-435391" }, { "id": "nexus-sen-1-0007-437154", "citation": "Res. 17213-2008 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Electrification of Cahuita National Park does not violate the right to a healthy environment", "title_es": "Electrificación del Parque Nacional Cahuita no vulnera el derecho al ambiente sano", "summary_en": "In this amparo action, a group of ecotourism students challenged the electrification works in Cahuita National Park carried out by ICE and MINAE. They alleged that the installation of power lines would involve tree felling, visual pollution, and risk of electrocution for wildlife, thus violating Article 50 of the Costa Rican Constitution. The Constitutional Chamber examined the evidence and verified that the project had an environmental viability license granted by SETENA through resolution RVLA-1158-2006, that the line would be laid along the side of an existing public road, and that a special shielded cable with animal barriers would be used. Based on these findings, the court ruled out any harm to the right to a healthy and ecologically balanced environment and dismissed the action. The ruling confirms that constitutional environmental protection does not bar public infrastructure development when proper environmental permits and adequate mitigation measures are in place.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "18/11/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0007-437154.json", "html_url": "/legal/doc/nexus-sen-1-0007-437154", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-437154" }, { "id": "nexus-sen-1-0007-437599", "citation": "Res. 00835-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo dismissed in dispute over stormwater easement", "title_es": "Improcedencia del amparo en conflicto sobre servidumbre de aguas pluviales", "summary_en": "The Constitutional Chamber dismissed an amparo action against the Municipality of Puriscal. The plaintiff claimed the municipality channeled wastewater and stormwater onto his property, polluting a spring, causing soil erosion and health risks. The Chamber held that the dispute concerns whether the property must bear a water easement—a matter of ordinary legality, not constitutionality. It emphasized that amparo is a summary proceeding to restore violated fundamental rights, but resolving this case would require complex evidentiary analysis beyond its scope. The Chamber concluded that the appropriate forum is the ordinary administrative or judicial jurisdiction, and therefore denied the appeal.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "23/01/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-437599.json", "html_url": "/legal/doc/nexus-sen-1-0007-437599", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-437599" }, { "id": "nexus-sen-1-0007-441132", "citation": "Res. 01056-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Modification of Gandoca-Manzanillo Wildlife Refuge boundaries by decree", "title_es": "Modificación de los límites del Refugio Gandoca-Manzanillo mediante decreto", "summary_en": "The Constitutional Chamber granted the unconstitutionality action against Articles 3, 4, 5, and 7 of Executive Decree No. 34043-MINAE, which excluded the urban areas of Gandoca, Manzanillo, and Puerto Viejo from the Gandoca-Manzanillo National Wildlife Refuge (REGAMA). The Chamber held that such exclusion amounted to a reduction of the protected wildlife area, which can only be done by a formal law with prior technical justification, in accordance with the legal reservation principle and Article 38 of the Organic Environmental Law. Since the reduction was carried out by executive decree, it violated Articles 50 and 89 of the Political Constitution and the principle of reasonableness. The challenged provisions were annulled with retroactive effect, restoring the inclusion of those areas within the refuge.", "primary_topic_id": null, "topic_ids": [], "date": "28/01/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-441132.json", "html_url": "/legal/doc/nexus-sen-1-0007-441132", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-441132" }, { "id": "nexus-sen-1-0007-445518", "citation": "Res. 00949-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Partial grant of amparo for boundary markers at Las Baulas National Marine Park", "title_es": "Recurso de amparo por deterioro y delimitación del Parque Nacional Marino Las Baulas", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a citizen alleging general deterioration of Las Baulas National Marine Park, including unfinished expropriations, mangrove pollution, removal of boundary markers, illegal constructions, and lack of services. The Court recalled that expropriations and environmental viability had already been addressed in prior rulings (resolutions 2008007549 and 2008-018529) and did not reopen that debate. Allegations of contamination and signage were denied under oath by the Minister of Environment and thus dismissed. However, the court noted that the Administrative Environmental Tribunal had indeed detected anomalies with the park’s boundary markers. Consequently, the amparo was partially granted solely regarding improper delimitation, ordering the Minister to coordinate with the National Geographic Institute to properly reposition the markers within three months, under warning of disobedience. The State was ordered to pay costs, damages, and losses.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "procedural-environmental" ], "date": "23/01/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-445518.json", "html_url": "/legal/doc/nexus-sen-1-0007-445518", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-445518" }, { "id": "nexus-sen-1-0007-446369", "citation": "Res. 07540-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Citizen participation in SETENA public hearing cannot be restricted", "title_es": "Participación ciudadana en audiencia pública de SETENA no puede ser restringida", "summary_en": "The Constitutional Chamber heard an amparo appeal filed by a resident of Miramar de Montes de Oro against the National Environmental Technical Secretariat (SETENA) because, during the public hearing held for the \"Parque de Tecnología Ambiental Galagarza\" project, she was prevented from commenting on EBI's experience at other landfills. SETENA argued that interventions had to refer exclusively to the project at hand. The Chamber found this restriction arbitrary and unjustified, as the information the appellant sought to contribute was relevant to assessing the project's potential benefits and harms. It held that the right to citizen participation had been violated, not only for the appellant but for all attendees, by limiting informed debate. Consequently, the hearing was annulled and SETENA was ordered to reschedule it, ensuring full participation rights for all parties, with the State condemned to pay costs, damages, and losses.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "08/05/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-446369.json", "html_url": "/legal/doc/nexus-sen-1-0007-446369", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-446369" }, { "id": "nexus-sen-1-0007-449667", "citation": "Res. 03113-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Declaration of Cahuita and Puerto Viejo as cities — unconstitutional disaffection of maritime-terrestrial zone", "title_es": "Declaratoria de ciudad de Cahuita y Puerto Viejo — desafectación inconstitucional de ZMT", "summary_en": "The Constitutional Chamber annuls Law No. 8464 (2005), which declared Cahuita and Puerto Viejo as cities and allowed private titling within the maritime-terrestrial zone for long-term possessors. The court finds the law violates the intangibility principle of the ZMT, a public-domain asset that is inalienable and imprescriptible, protected by Articles 6, 50, and 121(14) of the Constitution. The city declaration and the exception for private occupation of the public zone contravene the public and environmental purpose of these lands, adjacent to protected areas such as Cahuita National Park and Gandoca-Manzanillo Wildlife Refuge. The arguments of retroactivity and violation of private property rights are dismissed. The ruling has retroactive effect and annuls any registration or acquisition of private ownership in the ZMT of those communities after 1977.", "primary_topic_id": null, "topic_ids": [], "date": "25/02/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-449667.json", "html_url": "/legal/doc/nexus-sen-1-0007-449667", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-449667" }, { "id": "nexus-sen-1-0007-450601", "citation": "Res. 09022-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Montaña Tranquila Project and aquifer protection", "title_es": "Proyecto Montaña Tranquila y protección de mantos acuíferos", "summary_en": "The Constitutional Chamber dismisses an amparo action filed by residents and associations of Carrizal and Cinco Esquinas against several state entities and the Municipality of Santa Bárbara de Heredia concerning the Montaña Tranquila Tourism Project. The petitioners argued that the works —extraction of material from a quarry, road construction, and dumping of debris— within the protection zone of Decree Law LXV of 1888 and in recharge areas of the Colima and Barva aquifers violated their right to a healthy environment and threatened water resources. After reviewing the evidence, the Chamber finds that the project lies outside the area protected by said decree, that no significant environmental damage was proven, and that the respondent authorities —particularly the Municipality, MINAE, SETENA, and the Environmental Administrative Tribunal— did perform control, closure, and criminal reporting duties. Nonetheless, the Chamber warns of the continued duty of vigilance and refers to a prior ruling ordering the physical delimitation of the zone under Law 65 of 1888. The action is dismissed in all respects.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "29/05/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-450601.json", "html_url": "/legal/doc/nexus-sen-1-0007-450601", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-450601" }, { "id": "nexus-sen-1-0007-452134", "citation": "Res. 14840-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "AyA must refrain from drilling well without prior technical study near septic tanks", "title_es": "AyA debe abstenerse de perforar pozo sin estudio técnico previo pese a cercanía de tanques sépticos", "summary_en": "The Constitutional Chamber reviewed an amparo action against AyA and other agencies for drilling an exploratory well less than 12 meters from a dwelling and two septic tanks, without prior permission from the Water Department or a specific technical study ruling out contamination risks. The court found the well was inside the 40-meter protection perimeter set by Article 8 of the Water Law, and that AyA had relied on general 1994 estimates without applying them to the site’s concrete conditions. The Chamber held that the lack of such a study violated the precautionary principle (in dubio pro natura) anchored in Article 50 of the Constitution and the doctrine established in ruling 2004-1923 on groundwater. It partially granted the amparo, ordered AyA to stop drilling until absolute technical certainty of harmlessness is achieved, awarded costs and damages against AyA, and dismissed the claims against MINAET, SENARA, and SETENA for lack of attributable breach.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "art-50-constitution" ], "date": "18/09/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-452134.json", "html_url": "/legal/doc/nexus-sen-1-0007-452134", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-452134" }, { "id": "nexus-sen-1-0007-455321", "citation": "Res. 12437-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Subdivisions and Construction Without Water Studies — Municipality Must Protect Aquifers", "title_es": "Fraccionamientos y construcciones sin estudios hídricos — Municipio debe proteger acuíferos", "summary_en": "The Constitutional Court upheld an environmental association's amparo against the Municipality of San Rafael de Heredia. The complaint focused on the municipality's failure to respond to information requests and its allowance of construction and subdivisions in areas of high hydrogeological vulnerability, contrary to the Hydrogeological Vulnerability Map and Aquatic Protection Zoning approved by the Municipal Council. The Court found violations of the right to petition (Art. 27, 41) and the right to a healthy environment (Art. 50), as the municipality had permitted development without the required exhaustive hydrogeological, hydraulic, and environmental impact studies. The ruling suspended all challenged construction permits until the required studies demonstrate no harm to water resources, and ordered municipal officials to answer outstanding petitions within eight days. The Municipality was ordered to pay costs and damages.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "11/08/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-455321.json", "html_url": "/legal/doc/nexus-sen-1-0007-455321", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-455321" }, { "id": "nexus-sen-1-0007-455789", "citation": "Res. 09881-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental damage in Quitirrisí Indigenous Reserve due to illegal logging", "title_es": "Daño ambiental en Reserva Indígena Quitirrisí por tala ilegal", "summary_en": "The Constitutional Chamber hears an amparo filed by members of the Quitirrisí indigenous community against various state and municipal authorities, alleging violation of the right to a healthy and ecologically balanced environment. The plaintiffs report illegal tree felling, damage to aquifers, and harm to primary forest areas within the indigenous reserve, caused by non-indigenous individuals without authorization. The Chamber confirms the existence of environmental damage based on inspections by AyA, the Municipality of Mora, and the Ministry of Health. It finds that the Quitirrisí Integral Development Association and CONAI were aware of the situation but failed to act effectively to stop it, and that the Municipality of Mora omitted prevention and coordination measures despite knowing about the problem for more than a year. Consequently, it partially grants the amparo, ordering CONAI and the Association to adopt immediate measures to halt the damage, and the Municipality of Mora to undertake regulatory and coordination actions to protect the natural resources of the reserve. Claims against MINAE, AyA, SENARA, and the Ministry of Health are dismissed because no prior complaints had been filed, but they are reminded of their duty to collaborate now that they are aware of the problem.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "19/06/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-455789.json", "html_url": "/legal/doc/nexus-sen-1-0007-455789", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-455789" }, { "id": "nexus-sen-1-0007-456223", "citation": "Res. 09040-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water Contamination by Bromacil from Pineapple Plantation in Siquirres", "title_es": "Contaminación del agua con Bromacil por plantación de piña en Siquirres", "summary_en": "The Constitutional Chamber granted an amparo filed by residents of Cairo, La Francia and Luisiana in Siquirres, who claimed that the pineapple plantation of Hacienda Ojo de Agua S.A. contaminated the water sources feeding their aqueducts with agrochemicals — primarily the herbicide Bromacil. The Chamber found it proven that the plantation sits atop the aquifer that feeds those springs, that pesticide levels exceed the European precautionary standard of 0.1 μg/L, and that there is evidence of potential carcinogenicity. It held that, in the absence of domestic regulation on pesticide residues in drinking water, the precautionary principle must apply, and ordered the respondent ministries and AyA to immediately begin a single cleanup plan to eliminate residues, coordinated by the Ministry of Health, with authority to impose restrictions on the company up to and including closure of the plantation. The amparo against the company was rejected because it is not a proper amparo respondent, though this does not exempt it from legal liability.", "primary_topic_id": "water-law", "topic_ids": [ "soil-conservation-7779", "art-50-constitution", "water-law" ], "date": "29/05/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-456223.json", "html_url": "/legal/doc/nexus-sen-1-0007-456223", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-456223" }, { "id": "nexus-sen-1-0007-456277", "citation": "Res. 09592-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental viability not transferable without formal assignment before SETENA", "title_es": "Viabilidad ambiental no es transferible sin cesión formal ante SETENA", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of Limón and EBI de Costa Rica for constructing a sanitary landfill without EBI holding its own environmental viability permit. Evidence showed that viability was granted to the Municipality under resolution 914-2008-SETENA, and that the company purchased the land and commenced works without requesting formal assignment of rights before SETENA. The Chamber holds that, under Article 3 of the General Regulation on Environmental Impact Assessment Procedures, the project developer must be the one who obtains viability and assumes environmental commitments. Although viability can be assigned, this requires a formal application and approval by SETENA, which had not occurred. Accordingly, the Chamber grants the amparo against the Municipality and the company, annuls the municipal authorization, and orders them to refrain from actions without SETENA's authorization, under warning of contempt. Costs and damages are awarded against respondents.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "18/06/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-456277.json", "html_url": "/legal/doc/nexus-sen-1-0007-456277", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-456277" }, { "id": "nexus-sen-1-0007-456558", "citation": "Res. 14763-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Waste contamination and right to access administrative information", "title_es": "Contaminación por desechos y derecho de acceso a la información", "summary_en": "The Constitutional Court grants amparo for violation of the right to a healthy and ecologically balanced environment (Art. 50 Constitution) and the right to access administrative information (Art. 30 Constitution). Residents had denounced since 2004 the accumulation of waste and foul odors on the east side of Hospital Max Peralta in Cartago, but municipal and health authorities failed to take effective action for over five years. The Court finds that measures taken (replacing a manhole cover and belated inspections) did not resolve the problem nor rule out contamination. Given scientific uncertainty about the risks, the precautionary principle is applied, ordering authorities to effectively determine whether contamination exists and, if so, to eradicate it. The Court also finds a violation of access to information, as a requested report on sewage discharge was not provided. The State and the Municipality of Cartago are ordered to pay costs and damages.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution" ], "date": "18/09/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-456558.json", "html_url": "/legal/doc/nexus-sen-1-0007-456558", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-456558" }, { "id": "nexus-sen-1-0007-456909", "citation": "Res. 11523-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against electrification in Agujitas de Drake for lack of environmental study", "title_es": "Amparo contra electrificación en Agujitas de Drake por falta de estudio ambiental", "summary_en": "The Constitutional Chamber rejects an amparo filed against ICE and the Municipality of Osa for the construction of a power distribution line in Agujitas de Drake. The petitioner alleged violation of the right to a healthy environment and sustainable development, arguing the project lacked an environmental impact study and failed to respect zoning of State Natural Heritage areas. However, the Chamber finds that SETENA granted environmental viability through resolution 132-2007-SETENA, that ICE adopted mitigation measures (semi-insulated cable, wildlife bridges, tree planting), and that the Municipality authorized works only in areas under its jurisdiction, respecting sectors administered by MINAE. The Chamber reiterates that the constitutional judge cannot substitute technical criteria of environmental authorities, only verify compliance with their constitutional duty. Since the project had technical approval, no fundamental rights violation is proven, and the amparo is denied.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "24/07/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-456909.json", "html_url": "/legal/doc/nexus-sen-1-0007-456909", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-456909" }, { "id": "nexus-sen-1-0007-464189", "citation": "Res. 05271-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Application of Section 14 of the EIA Guide", "title_es": "Aplicación del apartado 14 de la Guía de EIA", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a citizen against the National Environmental Technical Secretariat (SETENA), alleging that SETENA systematically omitted Section 14 of the General Guide for Environmental Impact Assessment Instruments in high-impact projects, thereby violating the right to a healthy and ecologically balanced environment. The petitioner argued that this omission had become standard practice, unjustifiably excluding cost-benefit environmental analysis. SETENA contended that Section 14 is not mandatory for all projects; its application depends on its technical discretion under the regulations. The Chamber found that the dispute involved a divergence of opinions on the interpretation and application of technical standards, a matter outside its jurisdiction and beyond the summary nature of amparo proceedings. Consequently, it dismissed the action without addressing the substantive technical controversy.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "27/03/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-464189.json", "html_url": "/legal/doc/nexus-sen-1-0007-464189", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-464189" }, { "id": "nexus-sen-1-0007-467708", "citation": "Res. 04846-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to drinking water and AyA's duty to resolve well contamination in Palmar Sur", "title_es": "Derecho al agua potable y deber de AyA de solucionar contaminación de pozos en Palmar Sur", "summary_en": "The Constitutional Chamber heard an amparo filed by residents of Palmar Sur, Osa, against the Costa Rican Institute of Aqueducts and Sewers (AyA). The claimants alleged that water from the wells supplying their farms arrived contaminated with sediment, fecal matter, and rust, harming their health. AyA acknowledged that since 2002, a pesticide spill had contaminated one of the wells, and despite having taken over the aqueduct in 2003, turbidity and iron/manganese problems persisted without a definitive solution. The Chamber noted that approximately six years had passed without AyA resolving the issue, even though plans existed for a water treatment plant in Palmar Norte projected for 2012. It granted the amparo for violation of the right to health and ordered AyA to initiate, within eight days, the necessary steps to definitively solve the water contamination, under warning of disobedience.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "12/03/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-467708.json", "html_url": "/legal/doc/nexus-sen-1-0007-467708", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-467708" }, { "id": "nexus-sen-1-0007-468578", "citation": "Res. 00262-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Exploitation of the Sardinal Aquifer and improvements to the El Coco-Ocotal aqueduct", "title_es": "Explotación del acuífero Sardinal y mejoras al acueducto El Coco-Ocotal", "summary_en": "The Constitutional Court granted an amparo action in favor of community members, finding a violation of the right to a healthy and ecologically balanced environment. The expansion of the El Coco-Ocotal aqueduct, privately financed, was approved without scientific certainty about the real water availability in the Sardinal Aquifer, thus violating the precautionary principle. The Court ordered the suspension of new water availability certificates, adjustment of existing ones to a maximum flow of 63.75 liters per second as per a study by the Central American School of Geology, and prioritized community supply over commercial projects. It also ordered the water utility (ICAA) to establish participation channels with the communities of Sardinal, El Coco and Ocotal. The ruling highlighted irregularities such as construction starting without environmental viability, lack of comprehensive hydrogeological studies, and failure to consult the national groundwater agency (SENARA).", "primary_topic_id": "water-law", "topic_ids": [ "art-50-constitution", "water-law", "procedural-environmental" ], "date": "14/01/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-468578.json", "html_url": "/legal/doc/nexus-sen-1-0007-468578", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-468578" }, { "id": "nexus-sen-1-0007-469338", "citation": "Res. 00075-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Road in Playa Ballena Regulatory Plan requires prior environmental impact assessment", "title_es": "Camino en Plan Regulador de Playa Ballena requiere evaluación de impacto ambiental previa", "summary_en": "The Constitutional Court reviewed a claim against the land-use map of the Playa Ballena Regulatory Plan, which included a 14-meter road parallel to the beach. Plaintiffs alleged violation of the right to a healthy environment (Article 50 of the Constitution), the precautionary principle, and international treaties. The Court found that the road is located in the restricted zone of the maritime-terrestrial zone, not within the Ballena National Marine Park, so the Municipality has planning authority. However, because the plan predates the Organic Environmental Law, it must undergo an environmental impact assessment (EIA) before execution. The Court held the plan and map are not per se unconstitutional; execution without a prior EIA would be. It dismissed the constitutional claim and deferred to the underlying amparo action for specific harm assessment.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "art-50-constitution" ], "date": "06/01/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-469338.json", "html_url": "/legal/doc/nexus-sen-1-0007-469338", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-469338" }, { "id": "nexus-sen-1-0007-475621", "citation": "Res. 02006-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prohibition on combining forestry incentives and PSA does not violate the Constitution", "title_es": "Prohibición de acumular incentivos forestales y PSA no viola la Constitución", "summary_en": "The Constitutional Chamber dismissed on the merits an unconstitutionality challenge against Article 65 of the Forestry Law Regulation (Decree 25721-MINAE), which forbids simultaneously claiming fiscal incentives and payment for environmental services (PSA). The petitioner argued the restriction created new law, violated the legislative reserve principle, harmed property rights, and applied retroactively. The Chamber rejected these claims: it held that fiscal incentives do not confer subjective rights or a consolidated property interest, so they can be modified; the rule is not retroactive as it only regulates future granting, not eliminating existing ones; and the regulatory development is authorized by statute, respecting the legislative reserve. The prohibition on combining both benefits was therefore upheld as constitutional.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "02/02/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-475621.json", "html_url": "/legal/doc/nexus-sen-1-0007-475621", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-475621" }, { "id": "nexus-sen-1-0007-478016", "citation": "Res. 06922-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Open-pit metallic mining and environmental protection in Crucitas", "title_es": "Minería metálica a cielo abierto y protección del ambiente en Crucitas", "summary_en": "The Constitutional Chamber heard an amparo action against the Crucitas mining project, which involved open-pit gold mining with cyanide leaching. The majority partially granted the appeal solely because the environmental impact study was approved without the prior opinion of the National Service for Groundwater, Irrigation, and Drainage (SENARA), considering that this omission violated the right to a healthy environment. The rest of the appeal was denied, as the Chamber held that environmental policy falls under the purview of the Legislative and Executive Branches, and that mining activity is permitted provided it complies with environmental protection parameters, without it being the constitutional jurisdiction's role to generically determine its viability. The ruling included several dissenting opinions arguing, in essence, that the project caused serious and irreversible environmental damage, affecting biodiversity, water resources, and endangered species such as the great green macaw, and that requirements such as a new environmental impact study and public participation had not been met.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "biological-corridors", "wildlife-law-7317", "forestry-law-7575", "environmental-law-7554", "biodiversity-law-7788" ], "date": "16/04/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-478016.json", "html_url": "/legal/doc/nexus-sen-1-0007-478016", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-478016" }, { "id": "nexus-sen-1-0007-478216", "citation": "Res. 18166-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "State’s duty to adopt effective measures when a gas station presents proven risks", "title_es": "Deber de la Administración de adoptar medidas efectivas ante riesgos probados de una estación de servicio", "summary_en": "The Constitutional Chamber granted an amparo action against the General Directorate of Fuel Transportation and Commercialization of MINAET, filed by a resident who reported severe irregularities at the San Sebastián Service Station—lack of minimum safety distances, missing safety accessories, and structural deficiencies that, according to technical report DGTCC.INF-15-03-09, required a complete remodeling. Although the administrative authority had detected the non-compliance as early as 2007 and reiterated the need for corrections in 2009, it failed to implement effective enforcement measures, arguing that an interpretation from its Legal Department prevented precautionary closure. The Chamber upheld the amparo, ordered the State to pay costs, damages, and losses, and ordered immediate compliance with safety regulations. It stressed that administrative inaction in the face of a grave and irreversible risk directly violates Article 50 of the Constitution and the precautionary and prevention principles, and that no internal legal interpretation can justify inaction when first-order fundamental rights are at stake.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "27/11/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-478216.json", "html_url": "/legal/doc/nexus-sen-1-0007-478216", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-478216" }, { "id": "nexus-sen-1-0007-481990", "citation": "Res. 09122-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of municipal permit for pavilion on protected lot with spring", "title_es": "Anulación de permiso municipal para galerón en lote protegido con naciente", "summary_en": "The Constitutional Chamber granted an amparo action against the Municipality of Aserrí and MINAET. It found that the Municipal Council improperly authorized the construction of a pavilion on a lot containing a permanent spring, in violation of Article 33 of the Forestry Law, which mandates a 100‑meter protection zone. The Chamber confirmed the environmental threat and annulled the municipal permit. It also found an unjustified six-week delay by MINAET in processing an environmental complaint, infringing the right to prompt justice under Article 41 of the Constitution. The Municipality and the State were ordered to pay costs and damages.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "21/05/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-481990.json", "html_url": "/legal/doc/nexus-sen-1-0007-481990", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-481990" }, { "id": "nexus-sen-1-0007-482252", "citation": "Res. 12207-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Aerial fumigation in Parrita does not violate fundamental rights", "title_es": "Fumigación aérea en Parrita no vulnera derechos fundamentales", "summary_en": "The Constitutional Chamber denied an amparo action filed by residents of Parrita who alleged that aerial pesticide spraying on two banana plantations—Finca San Gerardo and Finca La Flor—harmed their health, contaminated water sources, caused noise pollution, and violated agricultural aviation regulations. After ordering joint inspections by the Ministry of Health and the Civil Aviation Authority, the Chamber found that the spraying does not reach houses, schools, or local clinics; there are no records of poisoning; no contamination of rivers or streams was detected; and noise emissions do not affect the community because aircraft do not fly over populated areas. Regarding the alleged lack of permits and other regulatory requirements, the Court considered these matters of mere legality beyond its jurisdiction and that they must be pursued through ordinary legal channels. The amparo was denied.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/07/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-482252.json", "html_url": "/legal/doc/nexus-sen-1-0007-482252", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-482252" }, { "id": "nexus-sen-1-0007-484149", "citation": "Res. 10750-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Barva Aquifer Violation from Route 27 Construction", "title_es": "Violación del Acuífero Barva por construcción de Ruta 27", "summary_en": "The Constitutional Chamber reviews an amparo action filed by a landowner whose well was allegedly affected by the rupture of the Barva Aquifer during the construction of Phase II of the San José-Caldera highway, carried out by Autopistas del Sol S.A. and overseen by the National Concessions Council. The Chamber finds that, while it was not technically proven that the decrease in the well's flow was a direct result of the aquifer cut, a violation of the right to a healthy and ecologically balanced environment did occur because neither the company nor the state authorities timely adopted the necessary precautionary measures to prevent environmental harm. Applying the precautionary principle and in dubio pro natura, the Chamber grants the amparo and orders the authorities to permanently monitor the aquifer and report within one month on the effectiveness of mitigation measures.", "primary_topic_id": "water-law", "topic_ids": [ "art-50-constitution", "water-law", "procedural-environmental" ], "date": "18/06/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-484149.json", "html_url": "/legal/doc/nexus-sen-1-0007-484149", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-484149" }, { "id": "nexus-sen-1-0007-488058", "citation": "Res. 14860-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal eviction in maritime terrestrial zone did not violate constitutional rights", "title_es": "Desalojo municipal en zona marítimo terrestre sin violar derechos fundamentales", "summary_en": "The Constitutional Chamber reviewed an amparo petition by two residents of Dominical, Osa, against the Municipality of Osa, who claimed their fundamental rights were violated by a municipal eviction order without prior notice. The Chamber confirmed that the petitioners were illegally occupying public domain land in the maritime terrestrial zone — inalienable and imprescriptible state property — and that the municipality had initiated proper administrative proceedings for violations of the Maritime Terrestrial Zone Law, including a criminal case for usurpation of public property against one of them. The ruling reiterates that municipalities are empowered to recover such domain without prior administrative proceedings, provided their actions are not sudden. Finding no breach of due process or defense rights, the Chamber dismissed the petition, holding no fundamental rights were harmed.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "03/09/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-488058.json", "html_url": "/legal/doc/nexus-sen-1-0007-488058", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-488058" }, { "id": "nexus-sen-1-0007-488360", "citation": "Res. 10787-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Logging in Zapatón Indigenous Reserve and prior consultation", "title_es": "Tala en Reserva Indígena Zapatón y consulta previa", "summary_en": "The Constitutional Chamber reviewed an amparo action against logging permits granted by MINAET on private properties within the Zapatón Indigenous Reserve in Puriscal. The petitioner, an IDA forest guard, claimed violation of the right to a healthy environment (Article 50 of the Constitution) and failure to consult indigenous communities under ILO Convention 169. The Chamber partially granted the amparo: it annulled the permit for one property due to lack of consultation with indigenous representatives, and ordered suspension of logging in the other until contamination risks were ruled out, applying the precautionary principle. The claim against CONAI was dismissed as it had taken steps to address the complaint.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "art-50-constitution", "procedural-environmental" ], "date": "18/06/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-488360.json", "html_url": "/legal/doc/nexus-sen-1-0007-488360", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-488360" }, { "id": "nexus-sen-1-0007-488500", "citation": "Res. 12261-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Gas station near factory with flammable substances", "title_es": "Estación de servicio cerca de fábrica con sustancias inflamables", "summary_en": "The Constitutional Chamber grants an amparo appeal against permits issued for a gas station in Alajuela, located less than 100 meters from a factory storing flammable and explosive products (Molinos de Costa Rica). The Chamber finds that the environmental viability approval, municipal construction and land-use permits, and fuel commercialization authorizations violate the precautionary principle enshrined in Article 50 of the Constitution, by contravening Executive Decree 30131-MINAE-S, which prohibits gas stations within 100 meters of sites with explosive or flammable substances. The Chamber annuls the construction permit and fuel resolutions, orders the State and the Municipality of Alajuela to pay costs, damages, and losses, and applies the in dubio pro natura principle.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554" ], "date": "20/07/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-488500.json", "html_url": "/legal/doc/nexus-sen-1-0007-488500", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-488500" }, { "id": "nexus-sen-1-0007-488517", "citation": "Res. 12458-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Regulatory Plan lacking SETENA environmental viability", "title_es": "Plan Regulador sin viabilidad ambiental de SETENA", "summary_en": "The Constitutional Court reviews an amparo action against the Municipality of Osa for approving the modification and expansion of the Playa Ballena Regulatory Plan to include Playa Arco without having an environmental impact assessment approved by the National Environmental Technical Secretariat (SETENA). The plaintiff alleges violation of the right to a healthy and ecologically balanced environment (Article 50 of the Constitution). The Court reiterates that regulatory plans must undergo environmental viability review as a prerequisite for approval, pursuant to Article 67 of the Environmental Impact Assessment Regulation. It finds that the plan did not obtain such viability, which constitutes a threat to the fundamental right. The appeal is partially upheld only against the Municipality of Osa, ordering it to submit the plan to the environmental viability process before SETENA and to incorporate the competent body's observations before publication. The Municipality is ordered to pay costs, damages, and losses. The claims against SINAC and MINAET are dismissed, as no harmful actions were proven.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "23/07/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-488517.json", "html_url": "/legal/doc/nexus-sen-1-0007-488517", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-488517" }, { "id": "nexus-sen-1-0007-489780", "citation": "Res. 07628-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Precautionary principle and poultry culling without prior hearing", "title_es": "Principio precautorio y sacrificio de aves sin proceso previo", "summary_en": "The Constitutional Chamber dismissed an amparo action against the National Animal Health Service (SENASA), which had ordered the culling of poultry on a farm due to suspected Salmonella. The petitioner alleged violations of due process and property rights, as the measure was carried out without prior administrative proceedings. The Chamber held that SENASA acted under the precautionary principle given the public health risk. The majority considered that challenges to the timing or advisability of administrative acts fall under ordinary legality and not amparo, so the petitioner should pursue ordinary remedies. Two dissenting magistrates argued that no evidence proved the petitioner's birds were infected, and that a violation had occurred, so they would have granted the amparo.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/04/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-489780.json", "html_url": "/legal/doc/nexus-sen-1-0007-489780", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-489780" }, { "id": "nexus-sen-1-0007-489936", "citation": "Res. 12556-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental viability denied due to lack of scientific certainty on water resources", "title_es": "Improcedencia de viabilidad ambiental por falta de certeza científica sobre recurso hídrico", "summary_en": "The Constitutional Chamber annulled the environmental viability granted by SETENA to the 'Flamingo Torres de la Bahía' condominium project in Santa Cruz, Guanacaste, for violating the precautionary principle. The Chamber found no scientific certainty regarding the availability of drinking water or the risk of saline intrusion in wells MTP-123 and MTP-125, located in a restricted drilling zone with a history of salinization. The Costa Rican Water and Sewer Institute opposed any increase in extraction volume. SETENA granted viability without conclusive studies on the aquifer's recharge capacity or impacts on neighboring communities. The Chamber ordered hydrogeological studies and a new environmental impact assessment, and ordered the State and SENARA to pay costs, damages, and losses.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "art-50-constitution" ], "date": "23/07/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-489936.json", "html_url": "/legal/doc/nexus-sen-1-0007-489936", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-489936" }, { "id": "nexus-sen-1-0007-489941", "citation": "Res. 12564-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against state omission in protection of springs and community health", "title_es": "Amparo contra omisión estatal en protección de nacientes y salud comunitaria", "summary_en": "The Constitutional Chamber heard an amparo filed by a resident of Florencia de Turrialba against several authorities for the contamination of springs and streams on a fern farm. The complainant alleged that Helechos del Río Internacional S.A. sprayed chemical products without a health permit or environmental viability, contaminating drinking water and causing illness in the community. The Chamber found the company lacked a health operating permit and SETENA environmental viability. It determined the Health Area had not investigated water quality, and the Municipality of Turrialba had granted a business license without requiring the health permit. MINAET and SETENA were exempted because no prior complaint had been filed with them and they had conducted inspections and referred the case to the Environmental Administrative Tribunal. The Chamber partially granted the amparo: annulled the business license, ordered the Health Area to request a water quality analysis from the National Water Laboratory, and awarded costs against the State and the Municipality.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "23/07/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-489941.json", "html_url": "/legal/doc/nexus-sen-1-0007-489941", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-489941" }, { "id": "nexus-sen-1-0007-493908", "citation": "Res. 14772-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Overlap between Guaymí de Osa Indigenous Reserve and Corcovado National Park", "title_es": "Superposición entre Reserva Indígena Guaymí de Osa y Parque Nacional Corcovado", "summary_en": "The Constitutional Chamber annuls Executive Decree 29957-G of 2001, which expanded the Guaymí de Osa Indigenous Reserve by encroaching on 5,668 hectares of Corcovado National Park and the Golfo Dulce Forest Reserve, both protected wild areas forming part of the State's Natural Heritage. The Court holds that the reduction of a protected area can only be effected through a legislative act, preceded by technical and scientific studies, as required by Article 38 of the Organic Environmental Law and Law 6794, which ratified the park's creation decrees. The expansion by mere executive decree violated the principle of legislative reserve and the proper procedure for the deaffectation of public domain goods. The decree also conflated the buffer zone regime with the absolute protection regime of a national park and excluded the Environment Ministry, breaching the principles of coordination and state unity. The ruling annuls the decree with retroactive effect, but limits its temporal impact by allowing existing agricultural activities in good faith to continue for one year.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "forestry-law-7575" ], "date": "01/09/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-493908.json", "html_url": "/legal/doc/nexus-sen-1-0007-493908", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-493908" }, { "id": "nexus-sen-1-0007-494349", "citation": "Res. 16943-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Improvement Project for El Coco-Ocotal Aqueduct — Environmental Violations", "title_es": "Proyecto de mejoras al Acueducto El Coco-Ocotal — vulneraciones ambientales", "summary_en": "The Constitutional Court partially granted the amparo action for violation of the right to a healthy and ecologically balanced environment, concerning the El Coco-Ocotal aqueduct improvement project in Carrillo, Guanacaste. The Court found that the Costa Rican Institute of Aqueducts and Sewers (ICAA/AyA) began and carried out works without environmental viability, obtained municipal permits for a private project without meeting legal requirements, and failed to require a full Environmental Impact Assessment (EIA) despite the project's scope, which included drilling wells and transferring water from the Sardinal Aquifer. The National Environmental Technical Secretariat (SETENA) granted viability based on a mere Sworn Statement of Environmental Commitments, an inadequate instrument. The Court determined the project lacked scientific certainty regarding the aquifer's water availability, thus violating the precautionary principle. It remitted to the orders in decision 2009-000262, which annulled the viability, required an EIA, and conditioned exploitation on studies by SENARA. The State and AyA were ordered to pay costs and damages.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "environmental-law-7554" ], "date": "13/10/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-494349.json", "html_url": "/legal/doc/nexus-sen-1-0007-494349", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-494349" }, { "id": "nexus-sen-1-0007-494602", "citation": "Res. 17940-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance and precautionary principle in Tilarán landfill contamination", "title_es": "Incumplimiento y principio precautorio en contaminación por vertedero de Tilarán", "summary_en": "The Constitutional Chamber hears a second non-compliance proceeding regarding orders issued in decisions 2008-06568 and 2009-09627, which required the mayor of Tilarán and the director of the local health area to comprehensively address the environmental pollution caused by the municipal landfill. Reports from the authorities contradicted those of AyA and MINAET, which documented persistent foul odors, waste in the Cabra stream, clandestine dumping, and lack of leachate treatment. Faced with conflicting evidence, the Chamber applies the pro homine principle and the precautionary principle —reaffirmed in decision 2006-017747— and finds that the authorities continue to ignore their constitutional duty to protect health and the environment. Consequently, the Chamber orders that the case be referred to the Public Prosecutor's Office to investigate the mayor's non-compliance, and directs the Minister of Health to initiate disciplinary proceedings against the health director for contempt, under warning of article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "29/10/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-494602.json", "html_url": "/legal/doc/nexus-sen-1-0007-494602", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-494602" }, { "id": "nexus-sen-1-0007-496258", "citation": "Res. 19869-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative eviction does not violate due process if invaders are given opportunity for voluntary departure", "title_es": "Desalojo administrativo no vulnera debido proceso si se da a invasores oportunidad de desalojo voluntario", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a person evicted along with other families from land owned by APROAMBIDA. The petitioner argued that Ministry of Public Security officials evicted them without showing any document ordering the eviction, violating their constitutional rights. The Chamber found that the police acted to repel an ongoing invasion, verbally notified the occupants of the procedure, and gave them a reasonable time to voluntarily vacate. It concluded that the Ministry respected due process and acted in accordance with the legal framework for administrative evictions, including a summary verification of the petitioner's ownership right. The Chamber therefore dismissed the amparo, confirming that the police action was legitimate for an ongoing invasion, supported by Article 305 of the Civil Code and constitutional case law on administrative evictions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/11/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-496258.json", "html_url": "/legal/doc/nexus-sen-1-0007-496258", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-496258" }, { "id": "nexus-sen-1-0007-497136", "citation": "Res. 13100-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "El Diquís Hydroelectric Project Does Not Affect Térraba Sierpe Wetland", "title_es": "Proyecto Hidroeléctrico El Diquís no afecta Humedal Térraba Sierpe", "summary_en": "The Constitutional Chamber dismisses a constitutional challenge against Executive Decree 34312-MP-MINAE, which declared the studies and works of the El Diquís Hydroelectric Project to be of national convenience and public interest. The claimant argued that the decree reduced and de-affected the Térraba Sierpe National Wetland, violating the right to a healthy and ecologically balanced environment. Based on a cartographic study by the National Geographic Institute, the Chamber finds that the project is not located within the wetland's boundaries, thus no such affectation exists. It further reiterates that the declaration of national convenience does not exempt ICE from complying with environmental regulations, including conducting an environmental impact study. The court concludes that the decree conforms to the constitutional and legal framework, particularly Articles 19 and 34 of the Forestry Law, which allow nationally convenient infrastructure projects provided environmental controls are respected.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "04/08/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-497136.json", "html_url": "/legal/doc/nexus-sen-1-0007-497136", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-497136" }, { "id": "nexus-sen-1-0007-497904", "citation": "Res. 13073-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional Review of the Manual for Land Classification in the Maritime-Terrestrial Zone", "title_es": "Control constitucional sobre el Manual para Clasificación de Tierras en la Zona Marítimo Terrestre", "summary_en": "The Constitutional Chamber reviews the unconstitutionality challenge against several provisions of Executive Decree No. 34295-MINAE, which establishes the Manual for the Classification of Lands for the conservation of natural resources within the Maritime-Terrestrial Zone. The plaintiff argues that the decree unlawfully delegates to private professionals the power of demanial self-protection, allows positive silence in environmental matters, modifies the soil classification methodology, and removes lands from the State's Natural Heritage through roads in Regulatory Plans. The Chamber partially grants the action, striking down the phrase establishing positive silence for the approval of categorization documents issued by private parties, as it violates Article 50 of the Constitution and the jurisprudence excluding positive silence in natural resource matters. The participation of private professionals is interpreted in accordance with the Constitution, always subject to express approval by SINAC. The other charges are dismissed as matters of ordinary legality or lack of technical basis. Three justices dissent, arguing for broader nullity due to violation of the principle of legal reserve and the right to a healthy environment.", "primary_topic_id": null, "topic_ids": [], "date": "19/08/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-497904.json", "html_url": "/legal/doc/nexus-sen-1-0007-497904", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-497904" }, { "id": "nexus-sen-1-0007-499655", "citation": "Res. 00057-2011 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Update Credentials Does Not Violate Rights in Teaching Competition", "title_es": "Falta de actualización de atestados no vulnera derechos en concurso docente", "summary_en": "The Constitutional Chamber analyzed an amparo filed by a teacher who participated in the 2009 electronic competition of the Civil Service to obtain a permanent teaching position. The petitioner argued that the system did not allow updating his credentials after obtaining a bachelor's degree in education, preventing him from being considered with a higher category (VT6) in the eligible list published in October 2010. The Chamber found that the petitioner updated his data in 2009 with his undergraduate degree but did not present the bachelor's degree because he had not yet obtained it. The 2010 Eligible Registry was prepared using documents submitted at the appropriate procedural time. The Chamber concluded that there is no violation of fundamental rights, since the request to consider documents not timely submitted is a legality matter to be discussed in the ordinary jurisdiction. The amparo is denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/01/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0007-499655.json", "html_url": "/legal/doc/nexus-sen-1-0007-499655", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-499655" }, { "id": "nexus-sen-1-0007-503636", "citation": "Res. 18417-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Installation of electric poles on public roads does not violate the right to a healthy environment", "title_es": "Instalación de postes eléctricos en vía pública sin afectar el derecho a un ambiente sano", "summary_en": "The Constitutional Court reviewed an ‘amparo’ action filed by residents of Santo Domingo de Heredia against the Public Services Company of Heredia (ESPH) and the Municipality, alleging that the installation of 106 poles for a 34.5 kV double-circuit line violated their right to a healthy environment. They claimed lack of environmental impact studies, visual pollution, tree pruning, and erosion risks. The Court found that ESPH acted under Law 7789, which authorizes the use of public roads for power lines, and obtained permission from the Central Volcanic Mountain Range Conservation Area for selective pruning. It concluded that there was no environmental impact or visual pollution, and no proof that poles were placed on private property. The action was denied, ruling out a violation of Article 50 of the Political Constitution.", "primary_topic_id": null, "topic_ids": [ "landscape-protection", "procedural-environmental" ], "date": "05/11/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-503636.json", "html_url": "/legal/doc/nexus-sen-1-0007-503636", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-503636" }, { "id": "nexus-sen-1-0007-503832", "citation": "Res. 01745-2011 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal omission in drainage and hydrographic planning violates right to a healthy environment", "title_es": "Omisión municipal en drenaje y planificación hidrográfica viola derecho a ambiente sano", "summary_en": "The Constitutional Chamber reviews an amparo filed by residents of the Quintanar Urbanization in Escazú against the Municipality of Escazú. Among the claims, the most environmentally relevant were that the paving of Calle El Barro by a private developer lacked proper drainage works, causing rainwater accumulation, ponding, and risks of flooding, pollution, and pests, in violation of the right to a healthy environment and health. They also argued that the easement for the Puente Mulas water main was not demarcated or protected, and that buildings had been constructed over it, posing a risk in case of rupture. The Chamber found that the Municipality failed to require technical studies and drainage measures when authorizing the street improvement, and that it had not adequately planned the canton by identifying and protecting the water pipeline and water sources, thereby violating Articles 21, 41, and 50 of the Constitution and the precautionary principle. It partially granted the amparo, ordering the Municipality to carry out drainage works on Calle El Barro, and in coordination with ICAA, MINAE, and SENARA, to conduct a hydrographic study and demarcate the pipeline easement, plus awarding damages against the municipality.", "primary_topic_id": "water-law", "topic_ids": [ "art-50-constitution", "water-law" ], "date": "11/02/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0007-503832.json", "html_url": "/legal/doc/nexus-sen-1-0007-503832", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-503832" }, { "id": "nexus-sen-1-0007-505356", "citation": "Res. 18702-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amendments to Tourist Marina Law: Environmental and Competence Veto", "title_es": "Reformas a la Ley de Marinas Turísticas: Veto ambiental y de competencias", "summary_en": "The Constitutional Chamber, by majority vote, issued an opinion on a facultative legislative consultation regarding the bill to reform the Law on the Concession and Operation of Tourist Marinas (Law 7744). It held that the proposed reforms to Articles 1, 5, and 21 were unconstitutional. Regarding Article 1, it found that excluding certain protected area categories (forest reserves, protective zones, wildlife refuges, wetlands, natural monuments, and marine reserves) from the prohibition on building marinas violated the precautionary principle and the principle of progressivity of fundamental environmental rights, safeguarded by Article 50 of the Constitution. On Article 5, it determined that obliging SETENA to coordinate the environmental impact assessment with CIMAT constituted an undue intrusion into SETENA's exclusive technical competencies, weakening environmental protection. Finally, regarding Article 21, it held that granting municipalities the power to expel foreign vessels from national territory was unconstitutional under Article 140(16), as this migration authority is exclusive to the Executive Branch. Three judges dissented, considering the reforms to Articles 1 and 5 constitutional, and the consultation on Article 21 procedurally improper.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "10/11/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-505356.json", "html_url": "/legal/doc/nexus-sen-1-0007-505356", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-505356" }, { "id": "nexus-sen-1-0007-505410", "citation": "Res. 21258-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipality cannot modify land use in Escazú Hills Protective Zone", "title_es": "Municipalidad no puede modificar suelo en Zona Protectora Cerros de Escazú", "summary_en": "The Constitutional Chamber upheld an unconstitutionality action against articles of the Mora Regulatory Plan Zoning Regulation (2001) that changed land use within the Escazú Hills Protective Zone, established by Executive Decree. The Chamber held that municipalities lack jurisdiction to modify land use in Protected Wilderness Areas, which are subject to national and international public interest. Only the Legislative Assembly or the State Forest Administration may authorize changes, pursuant to the Organic Environmental Law and the Forestry Law. The municipal amendment shifted from a restrictive Agricultural Zone to a Low-Density Residential Zone allowing subdivisions and condominiums, increasing coverage, density, and reducing minimum lot sizes, thereby undermining environmental protection. Articles 4.3 and 10 of the 2001 Regulation were annulled, and Article 13 of the 1993 Regulation was interpreted in compliance with the Constitution. Effects were tailored to protect buildings completed or licensed before the lawsuit notice (17/08/2009), permitting only remodeling without expansion.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "22/12/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-505410.json", "html_url": "/legal/doc/nexus-sen-1-0007-505410", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-505410" }, { "id": "nexus-sen-1-0007-505535", "citation": "Res. 02133-2011 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental viability for pineapple project and need for a public hearing", "title_es": "Viabilidad ambiental para proyecto piñero y necesidad de audiencia pública", "summary_en": "The Constitutional Chamber heard an amparo action filed on behalf of residents of Santa Rosa de La Rita de Pococí, Limón, who challenged the environmental viability granted by SETENA to the company Piñas Tropicales GAC, S. A. for a pineapple farm. The complainants alleged a violation of the right to a healthy environment because no public hearing was held and they feared contamination of the aquifer supplying them. The Chamber held that the central issue was whether such a hearing was required, concluding that it is not for the Constitutional Court to resolve that point under ordinary law. Accordingly, it dismissed the action, finding no violation of the petitioners' fundamental rights.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "23/02/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0007-505535.json", "html_url": "/legal/doc/nexus-sen-1-0007-505535", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-505535" }, { "id": "nexus-sen-1-0007-505881", "citation": "Res. 02913-2011 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "State failure to regulate hospital wastewater discharge", "title_es": "Omisión estatal en regular vertido de aguas residuales hospitalarias", "summary_en": "The Constitutional Chamber upheld an amparo action against the Golfito Hospital, the Ministry of Health, and the Costa Rican Institute of Aqueducts and Sewers for failing to regulate the discharge of untreated laundry wastewater directly into Golfo Dulce. The ruling elaborates on the scope of the right to a healthy environment under Article 50 of the Constitution, the State's duty to guarantee it through environmental steering, control, and oversight functions, and the application of the precautionary principle to prevent environmental harm. It also emphasizes the need for inter-institutional coordination for effective environmental protection and condemns the State to pay costs, damages, and losses. The Court ordered the defendants to implement, within six months, a wastewater treatment system that meets all environmental parameters.", "primary_topic_id": "water-law", "topic_ids": [ "art-50-constitution", "water-law" ], "date": "04/03/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0007-505881.json", "html_url": "/legal/doc/nexus-sen-1-0007-505881", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-505881" }, { "id": "nexus-sen-1-0007-507331", "citation": "Res. 09041-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Pesticide contamination of water sources and drinking water supply", "title_es": "Contaminación por plaguicidas en fuentes de agua y abastecimiento de agua potable", "summary_en": "The Constitutional Court reviewed an amparo filed by residents of Milano, El Cairo, Luisiana, and La Francia de Siquirres, who claimed that the pineapple company FRUTEX S.A. contaminated their drinking water sources with pesticides (bromacil and diuron), violating their rights to health and a healthy environment. They alleged omissions by the Ministry of Health, the Costa Rican Institute of Aqueducts and Sewers (AyA), the Ministry of Environment and Energy, and the Municipality of Siquirres. The Court confirmed persistent trace levels of bromacil and diuron in the aqueducts, based on studies by the National Water Laboratory. Although authorities had taken palliative measures—such as distributing water via tanker trucks since August 2007 and forming an inter-institutional commission—no definitive solution had been achieved, thereby breaching the fundamental right to drinking water derived from the rights to health, life, and a healthy environment. The appeal was granted, ordering the institutions to immediately begin cleanup and elimination of pesticide residues in the water sources, to develop and implement a single plan under the Ministry of Health’s coordination, and for the Intersectoral Commission to issue within a reasonable time decrees regulating the presence of bromacil and diuron in drinking water.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "29/05/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-507331.json", "html_url": "/legal/doc/nexus-sen-1-0007-507331", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-507331" }, { "id": "nexus-sen-1-0007-508191", "citation": "Res. 01888-2011 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SETENA granting environmental viability without definitive SENARA studies violates precautionary principle", "title_es": "SETENA otorga viabilidad ambiental sin estudios definitivos del SENARA vulnera principio precautorio", "summary_en": "The Constitutional Chamber reviewed an amparo action against the National Environmental Technical Secretariat (SETENA) for granting environmental viability to the 'Mar Serena Residential Tourism Condominium' project in Guanacaste. The claimant argued that SETENA approved the environmental impact study without the hydrogeological information required by SENARA, potentially affecting the coastal aquifer. The court reiterated that the right to a healthy environment and the precautionary principle require scientific certainty that activities will not cause irreversible damage. The Chamber partially granted the remedy, finding that SENARA had not endorsed the hydrogeological study and that pending observations remained. It ordered the suspension of environmental viability and project execution, and required the developer to comply with SENARA's observations within three months. It also instructed SETENA and SENARA to oversee and monitor the process. The ruling reinforces the need for inter-institutional coordination and the application of the precautionary principle in environmental matters.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "art-50-constitution" ], "date": "15/02/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0007-508191.json", "html_url": "/legal/doc/nexus-sen-1-0007-508191", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-508191" }, { "id": "nexus-sen-1-0007-511074", "citation": "Res. 05998-2011 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo challenge to demolition in Caño Negro Wildlife Refuge dismissed", "title_es": "Inadmisión de amparo contra demolición en Refugio Caño Negro", "summary_en": "The Constitutional Court dismisses an amparo appeal filed by a landowner against the notification of a demolition order for a cabin located in the protection zone of Laguna Muelles within the Caño Negro Wildlife Refuge. The appellant argued she had been acquitted in a previous criminal case for Forestry Law violations and that her procedural rights under Article 8 of the American Convention on Human Rights should apply. The Court determines that the demolition order issued by the Administrative Environmental Tribunal (resolution 22-05-TAA) is independent of that criminal proceeding, and the contested notification merely enforces previous orders of this same Court (2008-17365 and 2011-3973). It finds the amparo to be a dilatory tactic and dismisses the case.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "11/05/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0007-511074.json", "html_url": "/legal/doc/nexus-sen-1-0007-511074", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-511074" }, { "id": "nexus-sen-1-0007-516742", "citation": "Res. 14180-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of environmental feasibility for construction in Playa Ventanas within Las Baulas National Marine Park", "title_es": "Anulación de viabilidad ambiental para construcción en Playa Ventanas dentro del Parque Nacional Marino Las Baulas", "summary_en": "The Constitutional Court upheld an amparo action against SETENA for granting environmental feasibility to a housing project in Playa Ventanas, inside Las Baulas National Marine Park. The Court held that the authorization violated the precautionary principle and the right to a healthy environment, given that the area is critical for the nesting of the leatherback turtle, a critically endangered species. The environmental feasibility and any other construction permits were annulled, and the State was ordered to immediately begin expropriation proceedings so that the property becomes public land, in accordance with the law creating the park. The ruling relied on technical reports from the National University warning of severe impacts on the marine ecosystem from coastal construction, including artificial lighting and beach compaction. The Court reiterated that SETENA must ensure a comprehensive evaluation of cumulative impacts and may not issue permits in protected areas without a thorough analysis, applying the precautionary principle and sustainable development.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554", "procedural-environmental" ], "date": "25/08/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-516742.json", "html_url": "/legal/doc/nexus-sen-1-0007-516742", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-516742" }, { "id": "nexus-sen-1-0007-521099", "citation": "Res. 10889-2011 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constructions in El Tucán do not violate the right to a healthy environment", "title_es": "Construcciones en El Tucán no violan derecho al ambiente sano", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a farmers' association against the Municipality of Sarapiquí for issuing construction permits in the El Tucán housing development. The petitioner claimed that these constructions contaminated water springs on its properties, violating the right to a healthy and ecologically balanced environment. The Chamber verified through reports from the Water Directorate and SINAC that the properties are not within any Protected Wilderness Area, no water concessions are registered, and the constructions comply with the minimum 15-meter setback from water bodies required by Article 33 of the Forestry Law. A field inspection found no buildings around the public waterways. It concludes that the alleged constitutional violation was not proven and dismisses the amparo, both against the municipality and the criminal judicial authorities, noting that specific legal remedies exist for procedural delays or disagreements.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "16/08/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0007-521099.json", "html_url": "/legal/doc/nexus-sen-1-0007-521099", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-521099" }, { "id": "nexus-sen-1-0007-532972", "citation": "Res. 16316-2011 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental viability of Mall Plaza Lincoln requires wastewater treatment plant", "title_es": "Viabilidad ambiental del Mall Plaza Lincoln exige planta de tratamiento de aguas residuales", "summary_en": "The Constitutional Court partially granted an amparo against the Minister of Environment, Energy and Telecommunications for having annulled the requirement of a wastewater treatment plant for the Plaza Lincoln commercial project. The Court held that even though SETENA had initially granted environmental viability, a subsequent correction of a material error included the obligation to build such a plant. The Minister revoked this obligation on procedural grounds, but the Court found that the project without the treatment plant could cause damage to the Virilla River, as warned by SETENA and the Municipality of Moravia. Applying the precautionary principle and Articles 50 of the Constitution and 65 of the Organic Environment Law, the Court annulled the ministerial resolution and maintained the requirement to build the plant, though it did not halt construction because the developer had already contracted to build it. The claims against SETENA and the Municipality were dismissed.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "art-50-constitution", "environmental-law-7554" ], "date": "25/11/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0007-532972.json", "html_url": "/legal/doc/nexus-sen-1-0007-532972", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-532972" }, { "id": "nexus-sen-1-0007-533184", "citation": "Res. 17867-2011 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Due process for registered vehicle owner in traffic fine challenges", "title_es": "Debido proceso del propietario registral en impugnación de multas de tránsito", "summary_en": "The Constitutional Chamber reviews an amparo action filed by the registered owner of a vehicle against the Road Safety Council. The claimant argues that she was not notified of a traffic fine imposed on a third party driving her vehicle, violating her right to defense. During the proceedings, it is confirmed that the claimant filed an administrative claim with the Challenges Unit, which was granted before she was notified of the amparo's admission. Consequently, the penalty was transferred exclusively to the offending driver's license. The Chamber, reiterating its case law, holds that failing to grant a hearing to the registered owner in traffic fine challenge proceedings violates due process and the right to defense, as the owner is financially liable for third-party offenses. However, since the claimant's administrative claim was resolved favorably, the amparo lacks current interest and is dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/12/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0007-533184.json", "html_url": "/legal/doc/nexus-sen-1-0007-533184", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-533184" }, { "id": "nexus-sen-1-0007-535259", "citation": "Res. 02541-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Gas stations not complying with setback distances violate right to a healthy environment", "title_es": "Gasolineras que no cumplen distancias de retiro violan derecho a ambiente sano", "summary_en": "The Constitutional Court reviewed an amparo action against MINAET and RECOPE concerning Executive Decree 36011-MINAET-S, which exempted pre-2002 service stations from complying with safety setback distances, and the authorization of fuel sales to five stations that did not meet those distances. The Court found that such exemption endangered human safety, health, and the environment, violating Article 50 of the Constitution. Although during the amparo proceedings the Executive Branch repealed the challenged decree and adopted compensatory technical measures through Executive Decree 36967-MINAET-S, and revoked the sale authorizations, the Court granted the appeal solely for indemnification purposes, as the violation occurred before the administrative correction.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "24/02/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-535259.json", "html_url": "/legal/doc/nexus-sen-1-0007-535259", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-535259" }, { "id": "nexus-sen-1-0007-535428", "citation": "Res. 16938-2011 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of criteria excluding wetlands from State Natural Heritage", "title_es": "Anulación de criterios que excluían humedales del Patrimonio Natural del Estado", "summary_en": "The Constitutional Chamber partially upheld an unconstitutionality action against Articles 1, 2, and 3 of Executive Decree No. 35803-MINAET, which set technical criteria for wetland identification, classification, and conservation. The plaintiff argued that the norms restricted SINAC's protection and administration to only those wetlands declared as a Protected Wilderness Area, excluding wetland ecosystems that are part of the State's Natural Heritage by law, such as mangroves in public zones. The Chamber found that while Article 1 was constitutional, Articles 2 and 3 were unconstitutional because they improperly narrowed the concept of State Natural Heritage, which includes all forests and forested lands of public areas regardless of a formal declaration. Consequently, the Chamber partially annulled Articles 2 and 3 to remove the requirement of a protected wilderness area declaration, reaffirming that continental and marine wetland ecosystems form part of the State Natural Heritage and must be administered by MINAET-SINAC by law.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "property-and-titling" ], "date": "07/12/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0007-535428.json", "html_url": "/legal/doc/nexus-sen-1-0007-535428", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-535428" }, { "id": "nexus-sen-1-0007-536107", "citation": "Res. 00989-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Noise pollution from festival in Urbanización Chorotega", "title_es": "Contaminación sónica en fiestas de Urbanización Chorotega", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by a resident of Urbanización Chorotega in Cañas against the Ministry of Health, the Municipality of Cañas, and the Public Police, for noise pollution caused by authorized festivals. The complainant alleged violations of the right to a healthy environment, health, privacy, and timely response, as the authorities failed to address his complaints or adequately supervise the event. The Chamber found that the Ministry of Health confirmed, after a sound measurement, that noise levels exceeded permitted decibel limits but failed to take corrective action. Likewise, the Municipality and the Police did not follow up on the commitments made for the event, merely checking formal requirements. The appeal was partially granted, ordering the State and the Municipality to pay costs, damages, and losses, and warning the respondent authorities not to repeat the identified omissions.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "environmental-law-7554", "procedural-environmental" ], "date": "27/01/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-536107.json", "html_url": "/legal/doc/nexus-sen-1-0007-536107", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-536107" }, { "id": "nexus-sen-1-0007-539629", "citation": "Res. 01296-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo for Punta Leona real estate project dismissed", "title_es": "Amparo ambiental por proyecto inmobiliario Punta Leona sin perjuicio", "summary_en": "The Constitutional Chamber dismissed an amparo action filed against municipal and environmental authorities regarding a real estate project in Punta Leona. The petitioner claimed that earth movements, tree felling, and landscape impacts would harm the environment. However, the Chamber confirmed that the Filial 64 Condominium project had obtained municipal permits and SETENA environmental viability since 2008, renewed in 2011. Moreover, the Municipality of Garabito ordered a halt to construction until the SETENA extension was granted, and the National Geographic Institute certified boundary demarcation. The Chamber found no violation of the right to a healthy and ecologically balanced environment, as administrative actions complied with regulations, without prejudice to subsequent environmental oversight.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "environmental-law-7554", "procedural-environmental" ], "date": "03/02/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-539629.json", "html_url": "/legal/doc/nexus-sen-1-0007-539629", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-539629" }, { "id": "nexus-sen-1-0007-541168", "citation": "Res. 06514-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Violation of right to potable water and healthy environment by unauthorized earthworks", "title_es": "Vulneración del derecho al agua potable y ambiente sano por movimientos de tierra no autorizados", "summary_en": "The Constitutional Chamber heard an amparo action filed by the Communal Aqueduct Association of Poás de Aserrí against the Ministry of Health, the Ministry of Environment (MINAE), and the Municipality of Aserrí. The petitioner alleged that unauthorized earthworks were carried out near a water intake and supply tank, causing sedimentation and threatening drinking water quality. Although the authorities halted the works and ordered studies, the Chamber found that the water intakes remained unprotected and that the fundamental right to potable water was at risk. Applying the preventive principle and the right to a healthy environment, the Chamber granted the amparo and ordered the involved agencies to coordinate a definitive solution to protect the water intakes. Justice Piza Rocafort dissented, arguing the case involved mere legality issues and should have been decided by the ordinary administrative contentious jurisdiction.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "18/05/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-541168.json", "html_url": "/legal/doc/nexus-sen-1-0007-541168", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-541168" }, { "id": "nexus-sen-1-0007-543393", "citation": "Res. 12975-2011 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prior Consultation Obligation to Térraba Indigenous People for El Diquís Hydroelectric Project", "title_es": "Obligación de consulta previa al pueblo indígena Térraba por el Proyecto Hidroeléctrico El Diquís", "summary_en": "The Constitutional Chamber of Costa Rica reviewed the unconstitutionality action against Articles 1, 4, and 8 of Executive Decree No. 34312-MP-MINAE, which declared the El Diquís Hydroelectric Project of national convenience and public interest. The action claimed that the project would affect the Térraba Indigenous Reserve territory without prior consultation as required by ILO Convention 169. The majority dismissed the action against Articles 1 and 4, and interpreted Article 8 in accordance with the Constitution, conditioning its validity on the prior consultation of the indigenous community within a non-extendable six-month period. The dissent held that Article 8 was unconstitutional because the project boundaries already overlapped the reserve without prior consultation and demanded rectification of the project area or the community’s free and informed consent, underscoring the right to effective prior participation and territorial integrity.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "23/09/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0007-543393.json", "html_url": "/legal/doc/nexus-sen-1-0007-543393", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-543393" }, { "id": "nexus-sen-1-0007-544601", "citation": "Res. 07549-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental Right and Distinction Between Constitutional and Legality Review", "title_es": "Derecho ambiental y separación entre control constitucional y de legalidad", "summary_en": "This Constitutional Chamber ruling resolves an environmental amparo against the felling of cypress trees on private land in San Isidro de Heredia, allegedly in an area of high geological and hydrological vulnerability. The majority denies the appeal, finding that environmental authorities (MINAET, the Central Volcanic Mountain Range Conservation Area, the Environmental Administrative Tribunal) acted diligently: they carried out inspections, issued certificates of origin under Article 28 of the Forestry Law, and ordered precautionary measures to halt activities upon detecting irregularities. The dissenting opinion introduces a stricter admissibility standard, proposing that amparo should be rejected whenever the administration has already intervened, because the matter falls under legality review and must be litigated in the contentious-administrative jurisdiction; constitutional jurisdiction should be reserved for evident, serious violations with no prior administrative action. This decision is notable for its development of the precautionary principle and the delineation of the scope of environmental amparo.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "procedural-environmental", "forestry-law-7575" ], "date": "08/06/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-544601.json", "html_url": "/legal/doc/nexus-sen-1-0007-544601", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-544601" }, { "id": "nexus-sen-1-0007-545239", "citation": "Res. 08931-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental amparo for noise pollution and landslide risk in informal settlement", "title_es": "Amparo ambiental por contaminación sónica y riesgo de derrumbe en precario", "summary_en": "The Constitutional Chamber heard an amparo filed by neighbors in Barrio México against the Municipality of San José and the Ministry of Health. They reported stormwater drainage problems, noise pollution, a clandestine welding workshop, and the imminent collapse of a shack built near a cliff in the Gloria Bejarano squatter settlement (Los Cipreses Settlement). The Chamber partially granted the amparo, holding that the Ministry of Health failed to act on the noise and the dangerous structure, and the Municipality breached its duty to protect local interests. It ordered both authorities to issue the necessary administrative orders to abate the noise and the landslide threat and to coordinate a permanent solution to the stormwater drainage issue. The Chamber stressed the state's obligation to ensure a healthy and ecologically balanced environment under Articles 21 and 50 of the Constitution. The State and the municipality were ordered to pay costs and damages.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "29/06/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-545239.json", "html_url": "/legal/doc/nexus-sen-1-0007-545239", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-545239" }, { "id": "nexus-sen-1-0007-547423", "citation": "Res. 10570-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of Decree 35883-MINAET on Private Forest Use", "title_es": "Constitucionalidad del Decreto 35883-MINAET sobre aprovechamiento de bosques privados", "summary_en": "The Constitutional Chamber dismissed the unconstitutionality action against Executive Decree 35883-MINAET, which amended the Forestry Law Regulation. Plaintiffs argued the decree exceeded regulatory power by creating a right to log 10% of forests, eliminating legal requirements, and reducing environmental protection. The Court held the decree merely regulates the permitting procedure under Article 19 of the Forestry Law, and that 10% is a maximum limit—not a right—of forested area, not the entire property. It clarified that the 'use plan' must be equated to the legal 'management plan', and regulatory requirements (forest inventory, environmental viability, map) are additional, not substitutes for legal ones. It found no constitutional defects or reduction of environmental protection, as the norm imposes controls and limits that reinforce forest protection.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "08/08/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-547423.json", "html_url": "/legal/doc/nexus-sen-1-0007-547423", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-547423" }, { "id": "nexus-sen-1-0007-551120", "citation": "Res. 12716-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of slope threshold for forest-aptitude lands", "title_es": "Anulación de parámetro de pendiente para terrenos de aptitud forestal", "summary_en": "The Constitutional Chamber declared unconstitutional Article 2 of Executive Decree 33957-MINAE-MAG, which defined forest-aptitude lands as those with an average slope above 75 % and effective depth of at least 60 cm. The Court accepted the technical objections raised by the Attorney General’s Office, the Ombudsman and the Tropical Science Center, finding the decree lacked scientific support and contradicted earlier official land-capability methodologies. It held that the decree violated the right to a healthy and ecologically balanced environment (Art. 50), the principle of reliance on science and technique, and the obligation of rational land use (Art. 69). By arbitrarily raising the slope threshold, the decree removed forest soils from the State Natural Heritage, threatening aquifer recharge, slope stability and forest ecosystem services. Article 2 was annulled with declaratory and retroactive effect, except for good-faith acquired rights.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "12/09/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-551120.json", "html_url": "/legal/doc/nexus-sen-1-0007-551120", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-551120" }, { "id": "nexus-sen-1-0007-551124", "citation": "Res. 13367-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Technical Study Requirements for Reducing Protected Areas", "title_es": "Requisitos de estudios técnicos para reducir áreas protegidas", "summary_en": "The Constitutional Chamber resolves a facultative legislative consultation regarding Bill 18.207, which aimed to remove the coastal zone of the Gandoca-Manzanillo National Wildlife Refuge from its protective regime and subject it to the maritime-terrestrial zone regime. The Chamber declares the bill unconstitutional for violating Article 50 of the Political Constitution, finding that the technical study provided by the MINAET's Amistad Caribe Conservation Area is manifestly incomplete. The court determines that the study fails to analyze the impact of the de-affectation on the whole ecosystem, omitting assessment of effects on the marine zone, coral reefs, aquifers, RAMSAR wetlands, the Talamanca-Caribe biological corridor, and wildlife. It reaffirms that reducing protected wild areas requires two essential prerequisites: (1) a formal law, and (2) a sufficient and specific technical study justifying the measure, as a guarantee of the fundamental right to a healthy and ecologically balanced environment. The lack of scientific evidence triggers the precautionary principle, and the omission violates the principle of non-regression, since the State cannot lower environmental protection levels without reasonable and proportionate justification.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "art-50-constitution" ], "date": "21/09/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-551124.json", "html_url": "/legal/doc/nexus-sen-1-0007-551124", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-551124" }, { "id": "nexus-sen-1-0007-552385", "citation": "Res. 01963-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutional review of bill transforming IDA into INDER", "title_es": "Consulta de constitucionalidad sobre proyecto de ley de transformación del IDA en INDER", "summary_en": "The Constitutional Chamber reviewed two consolidated legislative consultations regarding the bill that would transform the Agrarian Development Institute (IDA) into the Rural Development Institute (INDER). It declared several provisions unconstitutional for violating Article 50 of the Constitution (right to a healthy environment) and the public domain regime. Specifically, it struck down part of Article 16(h) that assigned INDER the administration of national reserves not yet transferred to the state's natural heritage, and the authorization for MINAET to allow INDER to use protected areas for ecotourism projects. It also declared Article 34(a) unconstitutional for including those reserves in INDER's assets, and Article 85(e) for attempting a blanket validation of ITCO/IDA adjudication and titling procedures, thus blocking judicial review. The Chamber held that after the 1994 constitutional amendment, MINAET is the lead agency that must classify and manage national reserves, and that the state cannot waive its right to reclaim public domain property or undermine the judicial function.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "15/02/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-552385.json", "html_url": "/legal/doc/nexus-sen-1-0007-552385", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-552385" }, { "id": "nexus-sen-1-0007-552796", "citation": "Res. 00074-2010 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Invasion of Protection Areas: Constitutionality of the Interpretation of Art. 58(a) Forestry Law", "title_es": "Invasión de áreas de protección: constitucionalidad de la interpretación del Art. 58 inciso a) Ley Forestal", "summary_en": "In Resolution No. 00074-2010, the Constitutional Chamber addressed an unconstitutionality action against the repeated case law of the Criminal Cassation Court of the Second Judicial Circuit of San José, which interprets Article 58(a) of the Forestry Law. The plaintiff argued that this interpretation, by considering the invasion of the protection areas described in Article 33 of the same law as a criminal offense, violated the principles of legality, legal certainty, and criminal specificity, claiming that the legislature only intended to penalize the invasion of protected wild areas. The Chamber rejected the action on the merits, reasoning that the judges carried out a systematic interpretation consistent with the text of the norm, without resorting to analogical or extensive interpretations to the detriment of the accused. It concluded that the challenged case law did not infringe the Political Constitution, thus reaffirming the validity of the judicial interpretation that extends criminal protection to the protection areas under Article 33 of the Forestry Law.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "06/01/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0007-552796.json", "html_url": "/legal/doc/nexus-sen-1-0007-552796", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-552796" }, { "id": "nexus-sen-1-0007-555717", "citation": "Res. 05646-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Revocation of access to ICE training center for misconduct", "title_es": "Cancelación de ingreso a centro de capacitación del ICE por conducta inadecuada", "summary_en": "The Constitutional Chamber heard an amparo filed by a technician from an ICE contractor company, who was barred from the San Miguel de Turrúcares Training Center for repeatedly disregarding conduct and discipline instructions. The petitioner alleged violations of his dignity, right to equality, and discriminatory acts, claiming there was no visible regulation on attire and that the communication of the measure harmed his reputation. The Chamber found that the center is for the exclusive use of ICE employees and that the petitioner's access was merely tolerated. Based on lifeguard logs, it verified multiple unheeded warnings (sharp objects, threats, improper games, attire complaints). Applying precedents on equality in private relations, it concluded the decision was reasonable to protect safety, order, and discipline, without violating fundamental rights. The appeal was denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/05/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-555717.json", "html_url": "/legal/doc/nexus-sen-1-0007-555717", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-555717" }, { "id": "nexus-sen-1-0007-556850", "citation": "Res. 09687-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Fundamental Right to Potable Water and Aqueduct Execution in the Face of Agrochemical Contamination", "title_es": "Derecho fundamental al agua potable y ejecución de acueducto ante contaminación por agroquímicos", "summary_en": "The Constitutional Chamber granted an amparo petition filed by a resident of El Cairo, Siquirres, Limón, due to the prolonged lack of potable water in several surrounding communities. For over five years, residents have relied on hand-dug wells contaminated with agrochemicals—specifically pesticides like Bromacil, Diuron, and Triadimefon—creating serious health risks, including cancer and premature births. Although the Costa Rican Institute of Aqueducts and Sewers (AyA) had designed an integrated aqueduct project costing 1,020 million colones, financed by the German K.f.W. Bank, its execution has been blocked by the El Cairo ASADA (community water board). The Chamber reaffirmed that the right to potable water is a fundamental right derived from the rights to health, life, a healthy environment, food, and adequate housing, and that the State has an obligation to ensure efficient and continuous public service. Consequently, it ordered AyA to immediately begin construction, complete it within 18 months, and assume administration of the system, also condemning the institute to pay costs, damages, and losses.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "20/07/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-556850.json", "html_url": "/legal/doc/nexus-sen-1-0007-556850", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-556850" }, { "id": "nexus-sen-1-0007-566169", "citation": "Res. 01594-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ban on open-pit metal mining does not violate the Constitution", "title_es": "Prohibición de minería metálica a cielo abierto no viola la Constitución", "summary_en": "The Constitutional Chamber resolved a constitutional challenge brought by an association against several articles of the Mining Code, as amended by Law No. 8904 of 2010, which prohibit granting new permits or concessions for open-pit metal mining in Costa Rica and bar renewal or extension of existing ones. The Chamber held that the challenged provisions do not violate the principles of equality and non-discrimination, freedom of enterprise, sustainable development, property rights, or Article 121(14) of the Constitution, which empowers the legislature to regulate exploitation of public domain assets. It reasoned that the ban is an environmental protection measure grounded in the preventive and precautionary principles, and that the legislature may validly exclude certain assets from commerce for reasons of public interest. The action was dismissed, with a dissenting vote from two justices who found the plaintiff lacked standing.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "30/01/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-566169.json", "html_url": "/legal/doc/nexus-sen-1-0007-566169", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-566169" }, { "id": "nexus-sen-1-0007-571114", "citation": "Res. 08669-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Risk of spring contamination from agricultural activity and protection zones", "title_es": "Riesgo de contaminación de naciente por actividad agrícola y zonas de protección", "summary_en": "The Constitutional Chamber reviews an amparo filed by a rural water association against the owner of a property, its tenant, and several public authorities, for the risk of contamination of the \"Agustín Solano\" spring due to the use of agrochemicals in onion crops located within the legal protection zone. It verifies that the 200-meter protection radius established in Article 31 of the Water Law is invaded by the crop, posing a risk to the health of approximately 650 users. The Chamber applies the precautionary principle and grants the amparo, ordering the immediate suspension of all human activity, including agriculture, within a 200-meter radius of the spring. It also orders relevant institutions to carry out hydrogeological studies, laboratory tests, and monitoring to ensure the protection of water resources and public health.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "art-50-constitution", "procedural-environmental" ], "date": "28/06/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-571114.json", "html_url": "/legal/doc/nexus-sen-1-0007-571114", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-571114" }, { "id": "nexus-sen-1-0007-571707", "citation": "Res. 07934-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of municipal concessions over State Natural Heritage in Osa", "title_es": "Anulación de concesiones municipales sobre Patrimonio Natural del Estado en Osa", "summary_en": "The Constitutional Court grants constitutional relief against the Municipality of Osa for renewing concessions in the Maritime-Terrestrial Zone on lands containing wetlands and forests that form part of the State Natural Heritage (PNE). The complainant argued that the Punta San José Coastal Master Plan, drafted by a private company, was approved without prior classification of PNE areas, violating the Forestry Law and the Ramsar Convention. The Court notes that since 2006 SINAC issued PNE certifications that partially affected both concessions (Sergio Miranda and Free Town), and despite this, the Municipal Council renewed them for an additional 20 years in 2012 without certainty that the lands were free of PNE. Relying on the precautionary principle, the ruling annuls the renewal agreements and orders the municipality to refrain from similar conduct until the areas are confirmed PNE-free. The municipality is ordered to pay costs, damages, and losses. A dissenting vote argues that the amparo should have been dismissed as a matter of ordinary legality.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "art-50-constitution", "forestry-law-7575", "procedural-environmental" ], "date": "14/06/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-571707.json", "html_url": "/legal/doc/nexus-sen-1-0007-571707", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-571707" }, { "id": "nexus-sen-1-0007-572122", "citation": "Res. 07598-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Arsenic contamination of drinking water in Guanacaste and northern zone", "title_es": "Contaminación de agua potable con arsénico en Guanacaste y zona norte", "summary_en": "The Constitutional Court partially grants an amparo action filed by residents of communities in Guanacaste and the northern zone of Alajuela that receive drinking water contaminated with arsenic at levels exceeding the maximum allowable limit of 10 µg/L set by WHO and the Drinking Water Quality Regulation. The Court finds that, despite the sanitary emergency declared by the Executive Branch in 2012, the problem persists in several communities such as Agua Caliente in Bagaces, and that prolonged exposure to arsenic seriously endangers the health and life of the population. It orders the Ministry of Health and the Costa Rican Institute of Aqueducts and Sewerage (ICAA) to scientifically determine the cause of the contamination within six months, to take immediate measures to guarantee the continuous supply of quality drinking water to the affected communities, and to publicize the results of the studies. In addition, the active involvement of the National Groundwater, Irrigation and Drainage Service (SENARA) and the municipalities in solving the problem is mandated. The ruling reaffirms the fundamental right to drinking water and the duty of public administrations to provide public services efficiently and effectively.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "05/06/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-572122.json", "html_url": "/legal/doc/nexus-sen-1-0007-572122", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-572122" }, { "id": "nexus-sen-1-0007-575803", "citation": "Res. 04285-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to municipal information and precautionary principle over aquifer", "title_es": "Acceso a información municipal y principio precautorio sobre manto acuífero", "summary_en": "The Constitutional Chamber hears an amparo filed by residents of Siquirres against the Municipality for failing to respond to a request for information on the regulatory plan and the business license of a pineapple company located over an aquifer, and for alleged environmental contamination. The Chamber grants the amparo for violation of the right of petition and access to information, ordering the Mayor to respond within five days. Regarding the right to a healthy environment, given scientific uncertainty about contamination, the majority applies the precautionary principle and orders the Health Area to take water samples within fifteen days. Magistrate Jinesta dissents on this latter point, considering it a matter of legality belonging to the ordinary administrative jurisdiction, not constitutional amparo.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "02/04/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-575803.json", "html_url": "/legal/doc/nexus-sen-1-0007-575803", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-575803" }, { "id": "nexus-sen-1-0007-576128", "citation": "Res. 04619-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of permits for felling non-native trees and legislative omission", "title_es": "Constitucionalidad de los permisos para tala de árboles no autóctonos y omisión legislativa", "summary_en": "The Constitutional Chamber rejects on the merits an unconstitutionality action against Articles 27 and 28 of Forestry Law No. 7575 and Articles 90 and 91 of its Regulation, which regulate the felling of non-native trees. It reiterates the holding of decision 2007-3923, in which the action was granted solely with respect to the relative omission in Article 28, for failing to establish precautionary measures to ensure the correct application of the felling permit exception. The Chamber finds that while regulated felling on agricultural lands without forest does not violate the right to a healthy environment, the restrictive definition of 'forest' in Article 3 of the Forestry Law leaves non-native species and forested areas under two hectares unprotected. The lack of preventive measures in Article 28 violates the precautionary principle, and therefore the Legislative Assembly is ordered to remedy the omission. Separate opinions are issued.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "art-50-constitution", "forestry-law-7575" ], "date": "10/04/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-576128.json", "html_url": "/legal/doc/nexus-sen-1-0007-576128", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-576128" }, { "id": "nexus-sen-1-0007-576576", "citation": "Res. 05065-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with the unified bromacil-source cleanup plan", "title_es": "Desobediencia al Plan Único de saneamiento de fuentes contaminadas con bromacil", "summary_en": "The Constitutional Chamber hears a non-compliance proceeding against multiple authorities for failing to execute judgment 2009-9040, which ordered the cleanup of pesticide-contaminated water sources in the communities of El Cairo, Luisiana and La Francia. The reports submitted show that, despite initial actions, the springs remain contaminated due to the continued use of agrochemicals in pineapple plantations, the presence of irrigation channels, and infiltration into recharge zones. The Chamber finds that the inter-institutional Unified Plan has not been completed, notably because the Ministry of Agriculture has refused to sign the decree banning bromacil, citing a lack of technical-scientific and economic justification. The Chamber declares non-compliance and reiterates the order for immediate compliance to the current heads of the Ministries of Health, Environment, Agriculture, and the water utility, warning that failure to comply will result in administrative proceedings against them.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "17/04/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-576576.json", "html_url": "/legal/doc/nexus-sen-1-0007-576576", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-576576" }, { "id": "nexus-sen-1-0007-576720", "citation": "Res. 05218-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against water source contamination from livestock and herbicides in high recharge zone", "title_es": "Amparo por contaminación de fuente hídrica por ganadería y herbicidas en zona de alta recarga acuífera", "summary_en": "The Constitutional Court denied the amparo action filed against various authorities and the Steinvorth company for alleged contamination of the Río Segundo and nearby streams by manure, cattle urine, and herbicides on a farm within the Central Volcanic Mountain Range Forest Reserve and the inalienable zone established by Law 65 of 1888. The Court found that no technical or scientific evidence was provided to prove contamination, and the authorities did not demonstrate harm to water resources or the environment. However, after verifying that 33 of the 150 hectares are used for semi-intensive livestock farming, it cautioned the owner that they must comply with the Land Use Criteria Matrix requirements, including using very low-toxicity agrochemicals, a remnant and water management plan, and conservation practices. It ordered SENARA, the MAG, SINAC, and ESPH to jointly monitor compliance, to protect the right to water, health, and the environment.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "19/04/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-576720.json", "html_url": "/legal/doc/nexus-sen-1-0007-576720", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-576720" }, { "id": "nexus-sen-1-0007-577974", "citation": "Res. 17058-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of the Regulation under Article 80 of the Biodiversity Law for lack of indigenous consultation", "title_es": "Anulación del Reglamento al artículo 80 de la Ley de Biodiversidad por falta de consulta indígena", "summary_en": "The Constitutional Chamber fully annulled Executive Decree No. 34958-MINAET-COMEX, the Regulation under Article 80 of the Biodiversity Law, for violating the right to prior consultation of indigenous peoples. The Court found that the decree directly affects indigenous communities' interests by regulating patent procedures that involve traditional knowledge associated with biodiversity. The Executive Branch failed to consult indigenous communities, thereby violating Article 6(a) of ILO Convention 169 and Article 8(j) of the Convention on Biological Diversity. This omission renders the entire decree unconstitutional; the action was granted and the norm annulled with retroactive effect to its effective date, without prejudice to good-faith acquired rights. Other grounds of unconstitutionality raised by the plaintiffs—such as the limitation on CONAGEBIO's reasoned opposition or lack of general public consultation—were not examined.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "biodiversity-law-7788" ], "date": "05/12/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-577974.json", "html_url": "/legal/doc/nexus-sen-1-0007-577974", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-577974" }, { "id": "nexus-sen-1-0007-582728", "citation": "Res. 07087-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Protection of the Playa Mantas aquifer and steep slopes in Punta Leona", "title_es": "Tutela del acuífero de Playa Mantas y pendientes en Punta Leona", "summary_en": "The Constitutional Chamber heard an amparo action against several public entities concerning the environmental situation in Punta Leona, Garabito. The claimant association alleged a violation of the right to a healthy environment due to uncontrolled exploitation of the coastal aquifer, the absence of comprehensive hydrogeological studies, construction on slopes exceeding 50% despite their absolute legal protection, destruction of forest and undergrowth, and non‑compliance with environmental commitments. The Chamber, by majority, partially granted the appeal: it ordered several institutions to prepare, within six months, a comprehensive hydrological study of the Playa Mantas aquifer to determine its carrying capacity, condition and the effects of runoff; it ordered immediate compliance with land‑use restrictions and absolute protection of areas with slopes greater than 50%; and it ordered the prevention of indiscriminate destruction of forest and undergrowth, as well as oversight of compliance with environmental commitments. Claims regarding wastewater management, sealing of the recharge zone and non‑compliance with commitments were dismissed. Magistrates Jinesta and Piza dissented, arguing that the matter fell under the administrative‑litigation jurisdiction as it involved legality review rather than constitutional review.", "primary_topic_id": "water-law", "topic_ids": [ "forestry-law-7575", "water-law" ], "date": "25/05/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-582728.json", "html_url": "/legal/doc/nexus-sen-1-0007-582728", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-582728" }, { "id": "nexus-sen-1-0007-583306", "citation": "Res. 09795-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo regarding citizen participation and EIA type for a commercial project in Desamparados", "title_es": "Amparo por participación ciudadana y tipo de EIA en proyecto comercial de Desamparados", "summary_en": "The Constitutional Chamber heard an amparo action filed by a neighbor against SETENA, alleging a violation of the principle of citizen participation and that the 'Centro Comercial San Rafael S.A.' (Plaza Viva) project, with an area of 15,495 m², required an Environmental Impact Study (EsIA) rather than an Environmental Management Plan Prognosis (P-PGA). The petitioner argued that SETENA failed to notify the Municipality of Desamparados about the project, preventing neighborhood participation. SETENA reported that the project was classified with an Environmental Impact Significance score of 484 points, corresponding to moderate impact, making a P-PGA the appropriate instrument under Decree 31849. Additionally, the Municipality was aware through land-use and drainage permits. The environmental consultant presented a social perception study with representative surveys. The Chamber denied the amparo, finding no violation of fundamental rights: the choice of instrument is a technical decision unreviewable in amparo, and citizen participation was ensured through the petitioner's appearance and the information available in the public record, without requiring an automatic public hearing for moderate-impact projects.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "19/07/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-583306.json", "html_url": "/legal/doc/nexus-sen-1-0007-583306", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-583306" }, { "id": "nexus-sen-1-0007-583694", "citation": "Res. 10540-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutionality of shrimp trawling", "title_es": "Inconstitucionalidad de la pesca de camarón con red de arrastre", "summary_en": "The Constitutional Chamber declares unconstitutional the provisions of the Fisheries and Aquaculture Law that allowed shrimp trawling. The ruling is based on the serious environmental damage this technique causes to marine ecosystems, the high bycatch of accompanying fauna, and the violation of constitutional principles and international law, such as the right to a healthy environment, the precautionary principle, and sustainable development. The Chamber orders the immediate prohibition of granting new licenses and the cancellation of existing ones, urging the State to support the labor reconversion of affected fishers.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "art-50-constitution" ], "date": "07/08/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-583694.json", "html_url": "/legal/doc/nexus-sen-1-0007-583694", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-583694" }, { "id": "nexus-sen-1-0007-585587", "citation": "Res. 11562-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Access to administrative file of preliminary insurance investigation", "title_es": "Acceso a expediente administrativo de investigación preliminar de seguros", "summary_en": "The petitioner filed an amparo action against the Insurance Superintendency (SUGESE), claiming she was denied access to the administrative file of a preliminary investigation initiated after her complaint regarding insurance policies of her deceased husband. The Constitutional Chamber found no evidence that the petitioner had formally requested access to said documents; therefore, the alleged violation of her constitutional right to access administrative information (Article 30 of the Constitution) was not proven. The amparo was denied, though the Chamber noted that any future request for such information must be accompanied by proper proof of standing, given the confidential nature of the data involving the insurance market, private consumer and regulated entity data, and bank secrecy.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/08/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-585587.json", "html_url": "/legal/doc/nexus-sen-1-0007-585587", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-585587" }, { "id": "nexus-sen-1-0007-587523", "citation": "Res. 13180-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Obligation of SETENA environmental viability for subdivisions with construction works and application of the precautionary principle over wetlands in a housing project", "title_es": "Obligación de viabilidad ambiental de SETENA para fraccionamientos con obras y aplicación del principio precautorio sobre humedales en proyecto inmobiliario", "summary_en": "The Constitutional Chamber examined an amparo action against the Municipality of Paraíso de Cartago for allowing the ‘Torres del Paraíso’ housing project without an environmental viability license from SETENA. The Municipality claimed it was a simple subdivision not requiring such a permit. However, the Chamber found that the project involved earthworks, groundwater extraction, sewerage, and stormwater drainage, thus an environmental impact assessment was mandatory. During the proceedings, the developer submitted a SETENA resolution granting environmental viability (file D1-10405-2013). The Chamber nonetheless suspended its effects for thirty days. It ordered SETENA to obtain an official technical opinion to rule out impacts on nearby wetlands, as the viability study failed to address that issue despite existing indicators. The suspension was grounded on the precautionary principle: given the risk of serious damage to wetlands, SETENA should have obtained a formal assessment before granting viability. The appeal was partially granted: the claim for violation of the right to a healthy environment (Article 50 of the Constitution) was upheld, the information rights claim was dismissed, and the claim under Article 41 (speedy administrative decision) was rejected outright.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "art-50-constitution", "environmental-law-7554", "procedural-environmental", "subdivision-fraccionamiento" ], "date": "04/10/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-587523.json", "html_url": "/legal/doc/nexus-sen-1-0007-587523", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-587523" }, { "id": "nexus-sen-1-0007-595108", "citation": "Res. 17305-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to citizen participation in environmental public hearing", "title_es": "Derecho de participación ciudadana en audiencia pública ambiental", "summary_en": "The Constitutional Chamber reviews an amparo against SETENA for prematurely ending the public hearing on the “New Moín Container Terminal” project. The petitioner claims she was denied the right to speak and that the hearing concluded without completing the comments and replies phase. The Chamber finds that the fundamental right to participatory government, enshrined in Article 9 of the Constitution and developed by the Organic Environment Law and its Regulation, requires hearings to be complete and for participants to be able to express their opinions. Although SETENA had programmed a segment for comments, disturbances led to the definitive closure of the event, omitting an essential stage. The Chamber concludes that finalization instead of suspension violated the core of the participation right, grants the amparo, and orders the hearing to be reconvened to complete the omitted phases.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "20/12/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-595108.json", "html_url": "/legal/doc/nexus-sen-1-0007-595108", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-595108" }, { "id": "nexus-sen-1-0007-598212", "citation": "Res. 00593-2014 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Aerial fumigation and public health on banana farm", "title_es": "Fumigaciones aéreas y salud pública en finca bananera", "summary_en": "The Constitutional Chamber dismissed the amparo action filed by a neighbor of a banana plantation who claimed that aerial fumigation by the defendant company contaminated her property, affected her children's health, and caused the death of her tilapias. The Chamber found no omission by the Ministry of Health, since the complainant had not filed a formal complaint regarding the fumigations, and inspections revealed no contamination. Regarding the fish kill, it was proven that the cause was stress from overcrowding, not poisoning, and the complainant herself had signed a release accepting this explanation. As for her daughters' illnesses, the Chamber held that amparo is not the proper avenue to determine causation, referring the matter to the ordinary courts. In a dissenting vote, Magistrate Hernández López argued for the outright rejection of claims based on Article 50 of the Constitution when a dense regulatory framework and specialized bodies exist, reserving the Chamber's intervention for exceptional cases.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "17/01/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0007-598212.json", "html_url": "/legal/doc/nexus-sen-1-0007-598212", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-598212" }, { "id": "nexus-sen-1-0007-599444", "citation": "Res. 01170-2014 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of penalizing damage to undeclared wetlands", "title_es": "Constitucionalidad de sancionar daño a humedales no declarados", "summary_en": "The Constitutional Chamber rejected on the merits a constitutional challenge against Article 98 of the Wildlife Conservation Law, which punishes with one to three years' imprisonment anyone who drains, dries, fills, or eliminates wetlands without SINAC authorization, whether declared or not. The plaintiff argued that the phrase 'whether declared or not' turned the statute into an open or blank criminal type by forcing citizens to have technical knowledge of what constitutes a wetland absent a prior state declaration. The Chamber held that the offense description is sufficiently precise and does not delegate the definition of punishable conduct to the judge. It clarified that formal declaration only creates a management category for protected areas; a wetland objectively exists regardless. It reaffirmed the State's duty to protect these ecosystems even without a declaration, pursuant to the Ramsar Convention and the principles of prevention and rational use of natural resources.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "29/01/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0007-599444.json", "html_url": "/legal/doc/nexus-sen-1-0007-599444", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-599444" }, { "id": "nexus-sen-1-0007-608424", "citation": "Res. 08892-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "National Application of the Aquifer Vulnerability Matrix in the Huacas-Tamarindo Aquifer and Las Baulas National Park Case", "title_es": "Aplicación nacional de la Matriz de vulnerabilidad de acuíferos ante el caso del acuífero Huacas-Tamarindo y el Parque Nacional Las Baulas", "summary_en": "The Constitutional Chamber reviewed an amparo against SENARA and MINAET regarding the decision to apply the 'Land Use Criteria Matrix Based on Aquifer Contamination Vulnerability for Water Resource Protection' solely to the Poás canton, excluding other areas such as the Huacas-Tamarindo aquifer, which includes Las Baulas National Marine Park and its buffer zone. The Chamber held that the matrix, developed for Poás with inter-institutional participation, contains protective measures applicable nationwide wherever SENARA-approved vulnerability maps exist, because vulnerability categories and associated restrictions are not location-dependent but hinge on hydrogeological characteristics. It also struck down internal SENARA agreements that restricted communication of technical opinions and public access to reports, as violations of the right to information. However, the claim regarding MINAET's failure to prohibit understory clearing in the park was dismissed for lack of evidence. Authorities were ordered to communicate the mandatory application of the matrix to all municipalities and SETENA.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "27/06/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-608424.json", "html_url": "/legal/doc/nexus-sen-1-0007-608424", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-608424" }, { "id": "nexus-sen-1-0007-614722", "citation": "Res. 12887-2014 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reduction of water protection areas without technical studies violates Article 50 of the Constitution", "title_es": "Reducción de áreas de protección hídrica sin estudios técnicos viola el artículo 50 constitucional", "summary_en": "The Constitutional Chamber, by majority vote, reviews the constitutionality of the draft law 'Integrated Water Resource Management Law' (legislative file 17.742) in response to optional legislative consultations. The court declares one consultation inadmissible due to duplicate signatures, but admits the main one, rejecting a dissenting vote that argued it was untimely because the two-year period for popular initiative legislation had expired. On the merits, the Chamber finds Articles 29 and 30 unconstitutional because they significantly reduce water source protection areas without supporting technical studies, violating the principle of non-regression and the right to a healthy environment under Article 50 of the Constitution. It also declares Transitory Provision XI unconstitutional for allowing the consolidation of occupations in protection zones without adequate studies, in violation of the precautionary principle. The Chamber declines to rule on other consulted points due to lack of a majority.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "art-50-constitution" ], "date": "08/08/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0007-614722.json", "html_url": "/legal/doc/nexus-sen-1-0007-614722", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-614722" }, { "id": "nexus-sen-1-0007-615346", "citation": "Res. 08486-2014 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water concession on Veracruz River for irrigation project partially annulled", "title_es": "Concesión de agua en Río Veracruz para proyecto de riego anulada parcialmente", "summary_en": "The Constitutional Court partially granted a constitutional complaint filed by residents and community organizations against MINAE and SETENA. The plaintiffs challenged the environmental viability and the concession of 163.23 liters per second from the Veracruz River for an irrigation project, arguing that adequate environmental impact studies were not conducted and that the extraction threatened the ecosystem and endangered species. The Court held that the concession was excessive and contrary to the right to a healthy environment, as it would allow the extraction of most of the river's flow during the dry season, leaving a minimal remaining flow that would affect the ecological balance. It emphasized that SETENA should have required a full Environmental Impact Study (EIS) rather than a mere Sworn Statement, given the high extraction volume. It annulled the resolution that expanded the concession to 163.23 l/s and the environmental viability, leaving the original concession of 74.72 l/s in force and ordering new technical studies for any additional flow.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "environmental-law-7554", "procedural-environmental" ], "date": "13/06/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0007-615346.json", "html_url": "/legal/doc/nexus-sen-1-0007-615346", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-615346" }, { "id": "nexus-sen-1-0007-621568", "citation": "Res. 01614-2014 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on ownership of firearm carry permit for private security agents", "title_es": "Amparo sobre titularidad del permiso de portación de armas para agentes de seguridad privada", "summary_en": "The petitioner, a private security agent, filed an amparo action against the Ministry of Public Security. He claimed that the new regulations of the Department of Arms and Explosives violated his labor rights because the firearm carry permit is issued to the company he works for as long as the employment contract exists, not to him personally. He argued that he bears the costs of the psychological evaluation, stamps and other procedures, so the permit should be in his name. He also alleged that this measure prevents him from seeking better job opportunities and working at private events, calling it “labor slavery”. The Constitutional Chamber dismissed the appeal. It held that private security activity is of public interest and subject to state regulation. It found no evidence that multiple employment was prohibited or that he was barred from providing services as an individual if he met the legal requirements. It also ruled that the expenses can be covered by the company based on the parties’ agreement, rejecting any violation of the reasonableness principle. Justices Jinesta and Salazar provided different reasons: they considered that there is no fundamental right to carry firearms and that the matter is purely one of legality.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/02/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0007-621568.json", "html_url": "/legal/doc/nexus-sen-1-0007-621568", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-621568" }, { "id": "nexus-sen-1-0007-621593", "citation": "Res. 06568-2014 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Ombudsman and fumigation pollution in Matina", "title_es": "Defensoría y contaminación por fumigaciones en Matina", "summary_en": "The petitioner filed an amparo action against the Ombudsman's Office, alleging failure to control pollution caused by aerial spraying of agrochemicals on banana plantations in Matina, affecting health and the environment. The Constitutional Chamber denied the appeal, finding that the Ombudsman had processed the complaints, issued reports and recommendations, and suspended administrative proceedings while related amparo and unconstitutionality actions were pending. The Chamber reiterated that the Ombudsman is not the direct executing authority but a supervisory body that makes recommendations to competent agencies. No fundamental rights violation attributable to the Ombudsman was proven, and the petitioner had not exhausted legal remedies. The ruling stressed that the petitioner's claims should be directed to the administrative and judicial authorities responsible for enforcing and sanctioning such activity.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "16/05/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0007-621593.json", "html_url": "/legal/doc/nexus-sen-1-0007-621593", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-621593" }, { "id": "nexus-sen-1-0007-623110", "citation": "Res. 18836-2014 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Declassification of southern border zone unconstitutional for lack of technical studies", "title_es": "Desafectación zona fronteriza sur inconstitucional por falta de estudios técnicos", "summary_en": "The Constitutional Chamber declared unconstitutional the Bill 'Declassification and Titling of the Border Zone between the Republic of Costa Rica and the Republic of Panama', legislative file 16657, for violating Article 50 of the Constitution and the principles of precaution, non-regression, objectivation, reasonableness and proportionality. The bill sought to declassify the southern border strip from public domain to title lands to private individuals, but lacked prior technical studies to determine which properties would be affected and their impact on the State's Natural Heritage. The Chamber held that this omission was an essential procedural flaw and that the declassification endangered the environment, national security and sovereignty. Additionally, Article 1 of the bill was substantively unconstitutional for contravening the principles of security and sovereignty. The ruling is binding on the Legislative Assembly.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution" ], "date": "18/11/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0007-623110.json", "html_url": "/legal/doc/nexus-sen-1-0007-623110", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-623110" }, { "id": "nexus-sen-1-0007-627357", "citation": "Res. 10158-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Unconstitutionality of the Community Coastal Territories Law for procedural and substantive defects", "title_es": "Inconstitucionalidad de la Ley de Territorios Costeros Comunitarios por vicios de forma y fondo", "summary_en": "The Constitutional Chamber reviews the optional legislative consultation on the 'Community Coastal Territories Law' bill (file 18.148). The Chamber finds procedural defects because the bill lacks the prior technical environmental studies required by Articles 36 and 38 of the Environmental Law to reduce or disaffect protected areas, such as the Ostional National Wildlife Refuge. On the merits, it declares Articles 33 to 36 unconstitutional for violating the principle of intangibility of the public zone of the maritime-terrestrial zone, by allowing concessions of up to 15% in that strip, which is reserved for free and universal public use. The majority rejects other arguments by the petitioners regarding the development model, equality before the law, and the list of communities. Two judges dissent, arguing that the bill also violates Article 140(19) of the Constitution by allowing island concessions without legislative approval, and add further reasons on the breach of the legality principle and the duty to protect public domain assets.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "24/07/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-627357.json", "html_url": "/legal/doc/nexus-sen-1-0007-627357", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-627357" }, { "id": "nexus-sen-1-0007-628609", "citation": "Res. 07927-2014 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Pineapple contamination of springs and right to drinking water", "title_es": "Contaminación de nacientes por piña y derecho al agua potable", "summary_en": "The Constitutional Chamber reviews an amparo action concerning the contamination of water springs in Siquirres caused by pineapple cultivation on the Babilonia farm. The petitioners claim that, despite prior orders in 2009 to clean up the sources, the community still lacks access to drinking water and relies on tanker trucks. The Chamber reaffirms the fundamental right to potable water as derived from the rights to health, life, and a healthy environment, and finds that the situation has persisted for years without a definitive solution. Although the Ministry of Health banned the pesticide Bromacil and an interinstitutional task force was established, the construction of a new aqueduct has not been completed. The Chamber grants the appeal and orders that within a maximum of six months the drinking water supply problem be definitively resolved for the communities of El Cairo, Luisiana, and La Francia.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "06/06/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0007-628609.json", "html_url": "/legal/doc/nexus-sen-1-0007-628609", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-628609" }, { "id": "nexus-sen-1-0007-630382", "citation": "Res. 14317-2014 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Clarification and addition denied regarding island concessions", "title_es": "Aclaración y adición denegada sobre concesiones en islas", "summary_en": "The Constitutional Chamber denies a request for clarification and addition of ruling 10158-2013, which had declared the Community Coastal Territories Bill unconstitutional. The requesting legislator argued that the prior resolution failed to adequately address the requirements for concessions on islands and islets, creating uncertainty about when legislative approval is needed and when municipal authorization suffices, and raised numerous questions about economic discrimination, residential purposes, and small businesses. The Chamber finds the request untimely and further holds that the original ruling already clearly distinguished between tourism concessions (requiring legislative approval) and those for residential or subsistence purposes (which may be granted by local government without legislative approval), so there is no ambiguity or omission to clarify or add. One justice adds separate reasoning.", "primary_topic_id": null, "topic_ids": [], "date": "29/08/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0007-630382.json", "html_url": "/legal/doc/nexus-sen-1-0007-630382", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-630382" }, { "id": "nexus-sen-1-0007-641060", "citation": "Res. 18896-2014 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Protection and delimitation of the Mala Noche Aquifer", "title_es": "Protección y delimitación del Manto Acuífero Mala Noche", "summary_en": "The Constitutional Chamber heard an amparo filed by the ASADA of Playa Sámara against several institutions for the lack of protection of the Mala Noche aquifer. The petitioner argued that no measures had been taken to protect and delimit the aquifer, that construction permits had not been suspended, and that the current regulatory plan did not include the aquifer protection area. The Chamber found that hydrogeological studies had been conducted, extreme vulnerability had been declared, and drilling and construction had been restricted; therefore, the amparo was denied on those claims. However, the Chamber noted that the 1981 regulatory plan did not incorporate aquifer protection and that the new Sámara-Carrillo coastal regulatory plan, pending before SETENA, required environmental studies that had not been completed. Based on the principle of inter-administrative coordination, the Chamber ordered the Municipality of Nicoya and SENARA to prepare the necessary environmental studies within one year, granting the appeal partially.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "21/11/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0007-641060.json", "html_url": "/legal/doc/nexus-sen-1-0007-641060", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-641060" }, { "id": "nexus-sen-1-0007-642551", "citation": "Res. 12645-2012 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "SETENA public hearings are optional, not mandatory", "title_es": "Audiencias públicas SETENA son facultativas, no obligatorias", "summary_en": "The Constitutional Chamber rejects a constitutional challenge against Article 95 of the Biodiversity Law (Law 7788) and Article 56 of the EIA Procedures Regulation (Decree 31849). The plaintiff argued that leaving SETENA discretion to hold public hearings on environmental impact projects violated the right to a healthy environment (Article 50 Constitution) and due process. The Chamber holds that the norms do not eliminate citizen participation, as SETENA must base its decision on objective technical assessment and, if denying a hearing, must establish an alternative mechanism to receive observations. Moreover, the right to access the administrative file and EIA persists. The phrase 'when deemed necessary' does not grant arbitrariness but requires a technically justified refusal, consistent with environmental law principles of participation and prevention.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "biodiversity-law-7788", "environmental-law-7554", "procedural-environmental" ], "date": "12/09/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0007-642551.json", "html_url": "/legal/doc/nexus-sen-1-0007-642551", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-642551" }, { "id": "nexus-sen-1-0007-643687", "citation": "Res. 15660-2009 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "This Chamber Does Not Review Mere Norm Interpretation When the Matter Can Be Raised via Amparo", "title_es": "Esta Sala no conoce de mera interpretación de normas cuando el asunto puede ventilarse por amparo", "summary_en": "The Constitutional Chamber flatly rejects an unconstitutionality action filed against SETENA's interpretation of articles 56 of Executive Decree 31849 and 95 of the Biodiversity Law, which deemed a public hearing unnecessary during the environmental feasibility process for the Reventazón Hydroelectric Project. The petitioner argued that this interpretation violated democratic principles, reasonableness, and due process. The Chamber finds that the challenged matter —the interpretation contained in resolution 1778-2009-SETENA— is a subjective act of the Administration, not a general provision. Therefore, the proper remedy is an amparo action under article 29 of the Constitutional Jurisdiction Law, not an unconstitutionality action. The Chamber refrains from converting the case into an amparo because the petitioner had already filed one under case number 09-012301-0007-CO against the same act.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "07/10/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0007-643687.json", "html_url": "/legal/doc/nexus-sen-1-0007-643687", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-643687" }, { "id": "nexus-sen-1-0007-644558", "citation": "Res. 12973-2013 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Coastal Regulatory Plan Nombre de Jesús and Zapotillal — state natural heritage", "title_es": "Plan Regulador Costero Nombre de Jesús y Zapotillal — patrimonio natural del Estado", "summary_en": "The Constitutional Chamber resolved an unconstitutionality action against the Zoning Regulation of the Coastal Sector of Playa Nombre de Jesús and Zapotillal, approved by the Municipality of Santa Cruz. The plaintiffs argued that the norm lacked a prior environmental impact study and included lands belonging to the State's natural heritage, violating the right to a healthy environment and the principle of forest non-reducibility. The Chamber dismissed the claim regarding the absence of environmental assessment, finding that the environmental variable was considered in a prior diagnosis and that the formal obligation to submit regulatory plans to SETENA came after the challenged regulation was enacted. However, it partially upheld the action after confirming that within the boundaries of the regulatory plan there are lands classified as state natural heritage, whose administration corresponds to MINAE-SINAC, not the municipality. Consequently, it annulled the plan solely with respect to those lands, preserving its validity for the remaining area to avoid greater environmental harm. The ruling included a dissenting vote considering the arguments as mere legality issues.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "25/09/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0007-644558.json", "html_url": "/legal/doc/nexus-sen-1-0007-644558", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-644558" }, { "id": "nexus-sen-1-0007-644919", "citation": "Res. 19776-2014 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of the Puerto Jiménez Regulatory Plan without prior environmental assessment", "title_es": "Constitucionalidad del Plan Regulador de Puerto Jiménez sin evaluación ambiental previa", "summary_en": "The Constitutional Chamber dismissed the unconstitutionality action against the Partial Regulatory Plan of Puerto Jiménez and its Zoning Regulation, approved in 2004. It held that, although an environmental impact assessment is a constitutional duty under Article 50, at the time of adoption there was no specific regulation requiring municipalities to submit plans to SETENA, so the omission cannot be attributed to the Municipality of Golfito. The Chamber considered that annulling the plan would cause greater environmental harm by eliminating existing land-use planning, and ordered the Municipality to incorporate the environmental variable using the EIA Manual and submit it to SETENA for viability, following the precedent set in the Escazú case. It rejected the remaining claims regarding lack of citizen participation, violation of Article 89 of the Constitution, and private elaboration of the plan, and dismissed as improper the discussion on encroachment of MINAE's powers over state natural heritage, as it was not raised by the claimants.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "03/12/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0007-644919.json", "html_url": "/legal/doc/nexus-sen-1-0007-644919", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-644919" }, { "id": "nexus-sen-1-0007-649767", "citation": "Res. 14922-2015 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas corpus regarding detention during investigation for land usurpation and environmental damage in Sarapiquí", "title_es": "Hábeas corpus sobre detención durante investigación por usurpación y daño ambiental en Sarapiquí", "summary_en": "The Constitutional Chamber reviews a habeas corpus petition filed by families occupying the El Montero Settlement in Horquetas de Sarapiquí, who claimed arbitrary detentions and lack of due process during a criminal investigation for land usurpation. They alleged being detained without a judicial order and without timely access to legal counsel. The respondent authorities justified the detentions as part of an investigation into the invasion of private property voluntarily placed under a forestry conservation regime, where illegal logging, clearing of primary forest, and construction of shacks with timber from the forest were verified. The Chamber finds that the detentions were carried out peacefully, without force, and within the legal framework, aiming to prevent further environmental damage and to request precautionary measures. It holds that the principles of necessity, suitability, and proportionality were respected, and that the petitioners had legal representation; thus, the appeal is dismissed.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "23/09/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0007-649767.json", "html_url": "/legal/doc/nexus-sen-1-0007-649767", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-649767" }, { "id": "nexus-sen-1-0007-654500", "citation": "Res. 16362-2015 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "State Administration of Natural Heritage Does Not Violate Municipal Autonomy", "title_es": "Administración estatal del patrimonio natural no lesiona autonomía municipal", "summary_en": "The Constitutional Chamber rejects on the merits an action of unconstitutionality filed by the mayor of San Rafael de Heredia against Article 13, second paragraph, of the Forestry Law, which assigns the administration of the State's natural heritage to MINAE. The plaintiff argued that this provision violates municipal autonomy guaranteed under Articles 169 and 170 of the Political Constitution by removing forests and forestry lands within municipal territory from local administration. The Chamber rules that environmental protection is a matter of national interest that prevails over local interests concerning natural resource management. It holds that environmental problems transcend cantonal borders and require unified, coherent, and rational management by the central State, in accordance with Article 50 of the Constitution. The ruling reaffirms the jurisprudence distinguishing local and national interests and concludes that the administration of forest heritage by MINAE does not violate municipal autonomy, as local governments must exercise their environmental functions in coordination with national policy.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "21/10/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0007-654500.json", "html_url": "/legal/doc/nexus-sen-1-0007-654500", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-654500" }, { "id": "nexus-sen-1-0007-658734", "citation": "Res. 01563-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of amparo on mancozeb spraying in Matina pending unconstitutionality challenge", "title_es": "Suspensión de amparo por fumigaciones con mancozeb en Matina hasta resolver inconstitucionalidad", "summary_en": "The Constitutional Chamber reviewed an amparo filed by the president of the Integral Development Association of Larga Distancia against the Ministry of Health and the Ministry of Agriculture, for failing to respond to a request that sought the review of an Executive Decree regulating aerial spraying distances, following IRET-UNA studies showing high levels of pesticides, especially mancozeb, in pregnant women and water sources in the canton of Matina. The Chamber admitted the joinder of a local resident and, after assessing the evidence—including detailed scientific reports on the presence and toxic effects of various agrochemicals—decided to suspend the ruling on this amparo until the unconstitutionality claim number 14-011759-0007-CO, which challenged the very decree setting pesticide application distances, is resolved, as the decision on its constitutional validity directly impacts the merits of the claim.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "02/02/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-658734.json", "html_url": "/legal/doc/nexus-sen-1-0007-658734", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-658734" }, { "id": "nexus-sen-1-0007-660077", "citation": "Res. 02373-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Death Compensation in Traffic Accidents: Constitutionality of Prioritizing the Mother", "title_es": "Indemnización por muerte en accidente de tránsito: constitucionalidad de la prioridad de la madre", "summary_en": "The Constitutional Chamber rejected on the merits an action of unconstitutionality against Article 76, paragraph 1, of the Traffic Law. The rule establishes an order of beneficiaries of mandatory vehicle insurance in case of death, prioritizing the legitimate or foster mother (subsection d) over the father (subsection e), who may only claim if he provided for the deceased's support. The claimant alleged gender discrimination violating the principle of equality and human dignity. The Chamber held that the provision constitutes affirmative action in favor of women, a historically disadvantaged group, and therefore does not violate the Constitution or international human rights instruments. It distinguished a 1998 precedent where unreasonableness arose from exaggerated requirements on the father (being over 60 or incapacitated), not from gender difference itself. Justice Rueda Leal dissented, arguing that current social changes warrant further analysis.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/02/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-660077.json", "html_url": "/legal/doc/nexus-sen-1-0007-660077", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-660077" }, { "id": "nexus-sen-1-0007-660652", "citation": "Res. 03167-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Drought emergency does not exempt environmental viability if impact is significant", "title_es": "Emergencia por sequía no exime viabilidad ambiental si el impacto es significativo", "summary_en": "The Constitutional Chamber grants the amparo filed against SETENA, MINAE, and the Water Users Society of Los Ángeles de Guacimal for archiving the environmental viability file of the SUDAGUA irrigation project, relying on the Drought Emergency Decree No. 38642-MP-MAG and SETENA Resolution No. 583-2008. The Court annuls the inclusion of the project in the General Emergency Plan and the resolution that archived the file, holding that the extraction of large water volumes for irrigation is not a low-impact activity and that the emergency does not justify evading required environmental studies. It reiterates that necessity only exempts compliance with environmental norms in cases of true force majeure or unforeseen events, not for chronic public investment needs. It orders the procedures to be reconducted with the corresponding technical studies.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "04/03/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-660652.json", "html_url": "/legal/doc/nexus-sen-1-0007-660652", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-660652" }, { "id": "nexus-sen-1-0007-665051", "citation": "Res. 04496-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Precautionary principle and environmental viability for solid waste transfer station", "title_es": "Principio precautorio y viabilidad ambiental en estación de transferencia de residuos sólidos", "summary_en": "The Constitutional Chamber reviews an amparo action against the Municipality of Pérez Zeledón, the Ministry of Environment and Energy, and the Ministry of Health, filed by residents opposing the operation of a solid waste transfer station in the community of Las Juntas de Pacuar. The Chamber finds that the station, operating since 2012, lacks the required operating permits from the Ministry of Health and, crucially, does not have the environmental viability from SETENA, a mandatory requirement under Article 17 of the Environmental Organic Law. The Chamber emphasizes that, pursuant to the precautionary principle, activities with environmental impact may only be authorized when there is scientific certainty that they will not cause permanent or irreversible damage. It rejects the argument that a declared emergency exempts the project from environmental assessment, as the situation has been prolonged indefinitely. Consequently, it partially grants the amparo and orders the mayor to submit to SETENA a request for environmental viability for the currently operating station within eight business days. Regarding the new project to build a transfer plant on municipal land, the Chamber finds no constitutional violation, as the environmental viability process is ongoing before SETENA.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "01/04/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-665051.json", "html_url": "/legal/doc/nexus-sen-1-0007-665051", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-665051" }, { "id": "nexus-sen-1-0007-665942", "citation": "Res. 07784-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Visual pollution regulation lacks technical parameters", "title_es": "Reglamento de contaminación visual carece de parámetros técnicos", "summary_en": "The Constitutional Court dismisses a claim of unconstitutionality against Decree No. 35860-MINAET, the Visual Pollution Prevention Regulation. The plaintiffs argued that the regulation is insufficient because it lacks technical parameters to regulate activities affecting the landscape, merely referring to other regulations, some of which do not yet exist. The Court finds that the regulation fulfills its objective of establishing general technical guidelines and that it is up to other entities (municipalities, SETENA, MOPT) to issue specific technical standards within their powers. It holds that referring to other regulations does not constitute an unconstitutional omission and that the decree does not affect the principle of forest irreducibility or the principles of progressivity and non-regression. The claim is denied.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "08/06/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-665942.json", "html_url": "/legal/doc/nexus-sen-1-0007-665942", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-665942" }, { "id": "nexus-sen-1-0007-668042", "citation": "Res. 07539-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal inaction regarding mosquito breeding grounds at cemetery", "title_es": "Omisión municipal ante criaderos de mosquitos en cementerio", "summary_en": "The Constitutional Chamber granted an amparo filed by neighbors of the southern side of the San Rafael de Oreamuno Cemetery in Cartago. They claimed that municipal authorities failed to address public health and safety issues: stagnant water from overflowing gutters, lack of maintenance on adjacent lots, and presence of potential breeding sites for mosquitoes transmitting dengue, chikungunya, and Zika in the cemetery gardens. An inspection by the Health Directorate confirmed that flowerpots and vases with clean stagnant water constitute potential breeding sites. The Chamber concluded that the municipalities' inaction jeopardizes the right to a healthy environment (Article 50 of the Constitution), pedestrian safety, and other fundamental rights. The Municipality of Cartago was ordered to notify lot owners to clean the lots (or do it itself), and the Municipality of Oreamuno must improve the gutter piping within six months and immediately eliminate the vector breeding sites. Both were ordered to pay costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "03/06/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-668042.json", "html_url": "/legal/doc/nexus-sen-1-0007-668042", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-668042" }, { "id": "nexus-sen-1-0007-675073", "citation": "Res. 12778-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Lack of medical urgency justifies optometry appointment delay", "title_es": "Falta de urgencia médica justifica plazo de cita en optometría", "summary_en": "The Constitutional Chamber reviewed an amparo petition filed on behalf of a 14-year-old patient of the Dr. Fernando Escalante Pradilla Hospital. The petitioner alleged a violation of the right to health because an appointment in the optometry service was scheduled for February 7, 2017—approximately six months after the request—which she considered an excessive and unreasonable delay. The treating physician reported that the patient attended a routine check-up, was in good general health, and the optometry exam was prescribed at the mother's request, not due to any detected pathology, and therefore was not urgent. The Chamber reiterates its precedent that the treating physician's criterion must prevail, and in the absence of another medical opinion indicating otherwise or any emergency data, no harm to the fundamental right to health is proven. The petition was denied, with the Chamber concluding that mere disagreement with the appointment date does not constitute a constitutional violation.", "primary_topic_id": null, "topic_ids": [], "date": "07/09/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-675073.json", "html_url": "/legal/doc/nexus-sen-1-0007-675073", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-675073" }, { "id": "nexus-sen-1-0007-679090", "citation": "Res. 14438-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "ASADA Veracruz: bromacil contamination and water shortage not attributable to ASADA Pital", "title_es": "ASADA Veracruz: contaminación por bromacil y desabastecimiento de agua no imputable a ASADA Pital", "summary_en": "The Constitutional Chamber rejects a petition for amparo filed by a resident of Veracruz de Pital, San Carlos, against several ASADAs, AyA, and the Ministry of Health for suspending drinking water service. The petitioner alleged that the ASADA of Pital unilaterally cut off the service, which was not proven. The Court found that the water shortage originated from the closure of Veracruz’s springs in April 2016 due to bromacil contamination, forcing temporary interconnections. The ASADA of Veracruz decided to connect first to Pital and later to Venecia, generating internal conflicts. It was established that water service was restored on August 12, 2016 through interconnection with Pital, and that both AyA and the Ministry of Health did intervene. The lack of evidence of an arbitrary refusal by the ASADA of Pital led to the dismissal of the amparo.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "07/10/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-679090.json", "html_url": "/legal/doc/nexus-sen-1-0007-679090", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-679090" }, { "id": "nexus-sen-1-0007-686379", "citation": "Res. 17614-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Basic services access on INDER land declared of public interest", "title_es": "Acceso a servicios básicos en terreno del INDER declarado de interés público", "summary_en": "The Constitutional Chamber rejects an amparo appeal filed by a group of farmers occupying without title a plot of land owned by INDER known as Finca Diez, in Palmar Sur, declared of public interest for an international airport project. The appellants claimed violation of their rights to potable water and electricity due to AyA's and ICE's refusal to provide services. The Chamber found no constitutional violation: AyA has not formally denied service because appellants failed to submit a formal application meeting legal requirements, and there are also technical and legal impossibilities due to lack of public roads and easements. AyA installed a water tanker for basic needs. As for ICE, field study showed lack of energy capacity and non-compliance with technical standards; the project was included in the pending works list. The court reaffirms that the fundamental right to water is not unrestricted and may be subject to legal requirements and technical feasibility; regarding electricity, there is no arbitrary denial.", "primary_topic_id": null, "topic_ids": [ "water-law", "procedural-environmental" ], "date": "02/12/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-686379.json", "html_url": "/legal/doc/nexus-sen-1-0007-686379", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-686379" }, { "id": "nexus-sen-1-0007-686408", "citation": "Res. 17645-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Public Pool Use and Regulation of Schedules at the Cartago Sports Complex", "title_es": "Uso de piscina pública y regulación de horarios en el Polideportivo de Cartago", "summary_en": "The Constitutional Chamber hears an amparo filed by a regular user of the pool at the Cartago Sports Complex, managed by the Cantonal Sports and Recreation Committee of Cartago. The petitioner claims that an internal directive of the Committee requires him to indicate in advance the day and time of use of the facilities, with no possibility of change in case of holidays, non-working days, or cleaning, which he considers arbitrary and violative of his fundamental rights. He also alleges inconsistency in the treatment of young athletes who train at special hours. The respondent authority reports that the measure aims to regulate use in accordance with the Regulation for the Management of Public Pools (Decree 35309-S), which requires establishing schedules and controlling the number of users to ensure safety and hygiene. It clarifies that in exceptional cases changes are allowed upon coordination, and that young athletes have a coach and agreed-upon schedules. The Chamber concludes that it is not competent to assess the appropriateness of the schedules, and since no direct violation of a fundamental right is proven, it denies the amparo, referring the disagreements to the appropriate legal channel.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/12/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-686408.json", "html_url": "/legal/doc/nexus-sen-1-0007-686408", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-686408" }, { "id": "nexus-sen-1-0007-687003", "citation": "Res. 11545-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Municipal moratorium on pineapple production violates legal reserve principle", "title_es": "Moratoria municipal para la producción de piña viola reserva de ley", "summary_en": "The Constitutional Chamber annuls the five-year moratorium imposed by the Municipality of Los Chiles on granting permits for pineapple farms. The majority holds that the measure violates the principle of legal reserve, as local governments lack authority to prohibit a lawful economic activity through a simple municipal agreement. It emphasizes that restrictions on fundamental rights—such as freedom of enterprise—can only be established by formal statute and must be supported by up-to-date, relevant technical studies. Although the municipality invoked environmental and health grounds, those matters fall under national authorities. Separate opinions include: Justice Hernández López concurs but clarifies that municipalities may deny individual permits with technical grounds; Justice Cruz Castro dissents, arguing the amparo was premature and that local governments are entitled to impose temporary moratoriums under the precautionary principle; Justice Rueda Leal adds that the lack of current studies specific to Los Chiles prevents justification, though a properly supported moratorium could be permissible in the future.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "12/08/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-687003.json", "html_url": "/legal/doc/nexus-sen-1-0007-687003", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-687003" }, { "id": "nexus-sen-1-0007-689089", "citation": "Res. 18352-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Risk of housing projects to aquifers in Poás without hydrogeological studies", "title_es": "Riesgo de proyectos urbanísticos a mantos acuíferos en Poás sin estudios hidrogeológicos", "summary_en": "The Constitutional Court partially granted an ‘amparo’ filed by residents of Poás against the Municipality, for authorizing numerous housing projects without first verifying aquifer protection, in breach of judgment 2004-1923. The Court found that ten projects (Urbanización Caliche, Los Conejos, Propiedad de Marvin Murillo, Finca Erick Lonis, Calle Telón-FUPROVI, Calle Las Hortensias, Urbanización Residencial Don Manuel, Urbanización Don Manuel, Calle Los Murillo and Calle Ladelia) were carried out without local hydrogeological studies despite being located in high and medium vulnerability zones. SENARA’s study showed risks of water resource contamination due to exceeding population densities and pollutant loads, and for using septic tanks instead of treatment plants. The Court ordered the Municipality to refrain from granting new permits in those projects until studies approved by SENARA are conducted, to require adequate treatment systems, and within two years to implement individualized systems in Calle Ladelia and Finca Erick Lonis. The claim was dismissed for Jardines del Valle, Calle La Lechuza and Don Nicolás, as no water risk was found given their low vulnerability or low coverage. Additionally, the claim of non-compliance with the prior judgment was separated for handling in the original case file. Judge Hernández López dissented, arguing the case’s technical complexity should be heard by the administrative jurisdiction.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "16/12/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-689089.json", "html_url": "/legal/doc/nexus-sen-1-0007-689089", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-689089" }, { "id": "nexus-sen-1-0007-694016", "citation": "Res. 16811-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for indefinite waiting list for gallstone surgery", "title_es": "Amparo por lista de espera indefinida para cirugía de cálculos biliares", "summary_en": "The Constitutional Chamber hears an amparo action against the Víctor Manuel Sanabria Martínez Hospital for an alleged violation of the right to health. The petitioner suffers from gallstones and was placed on an indefinite waiting list for necessary surgery, despite having previously been given a three-week admission order. The Chamber finds that at the time the amparo was filed, the petitioner had no definite date for the surgical procedure, constituting a violation of her fundamental right to health. However, after being notified of the amparo, the hospital located the patient, scheduled a clinical history appointment, and performed the operation successfully. Applying Article 52 of the Constitutional Jurisdiction Law, which mandates granting the amparo when the challenged action ceases during the proceedings, the Chamber grants the petition solely for indemnification purposes and orders the CCSS to pay costs, damages, and losses. Justice Hernández Gutiérrez dissents in part, opposing the award of costs on the grounds that the abnormal termination of the proceedings does not justify them.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/11/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-694016.json", "html_url": "/legal/doc/nexus-sen-1-0007-694016", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-694016" }, { "id": "nexus-sen-1-0007-702293", "citation": "Res. 02816-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Closure of gas station built without permits or environmental viability", "title_es": "Clausura de gasolinera construida sin permisos ni viabilidad ambiental", "summary_en": "The Constitutional Chamber ruled on an amparo action against the Municipality of Upala for granting a land-use permit for a private gas station and allowing its construction without municipal permits or SETENA environmental viability. The court found that the land-use certificate was not a construction permit, so no violation occurred there. However, it confirmed that the service station and other structures had been built without the required authorizations, violating Articles 21, 50, and 169 of the Political Constitution by endangering health and the right to a healthy environment. Applying the preventive principle, the Chamber partially granted the appeal and ordered the immediate closure of the works until all legal requirements are met, without prejudice to other sanctions the municipality may impose.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "24/02/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-702293.json", "html_url": "/legal/doc/nexus-sen-1-0007-702293", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-702293" }, { "id": "nexus-sen-1-0007-705288", "citation": "Res. 04658-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of amparo for chemical contamination from aerial spraying in El Valle de la Estrella", "title_es": "Rechazo de amparo por contaminación química de fumigación aérea en El Valle de la Estrella", "summary_en": "The Constitutional Chamber hears an amparo filed by a resident of El Valle de la Estrella against the Limón Health Governing Area and Standard Fruit Company of Costa Rica S.A. The petitioner claims that aerial spraying of banana plantations contaminates her home and business, and that the company suspends her drinking water supply on Sundays. The Chamber declares the amparo inadmissible. Regarding contamination, it finds that the petitioner did receive a response from the Health Area but disagrees with its technical content; the Chamber holds that a substantive discussion on compliance with health regulations is beyond its jurisdiction and must be pursued before the competent administrative authority. As for the water suspension, the Chamber had already ruled on an identical claim in ruling 2016-03532, dismissing it for lack of evidence; thus, this new claim is a mere reiteration and must abide by that prior decision.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "28/03/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-705288.json", "html_url": "/legal/doc/nexus-sen-1-0007-705288", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-705288" }, { "id": "nexus-sen-1-0007-708450", "citation": "Res. 06340-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Exemption from wastewater treatment plant requires prior SENARA review when confined aquifer exists", "title_es": "Exoneración de planta de tratamiento requiere criterio previo de SENARA ante acuífero confinado", "summary_en": "The Constitutional Chamber reviewed an amparo action against ICAA, SETENA and SENARA concerning a residential project in Naranjo that was exempted from building a wastewater treatment plant in favor of septic tanks, without prior approval from SENARA or modification of the environmental viability by SETENA. The Chamber granted the amparo only against ICAA, finding a violation of the precautionary principle. It held that when a project is located over a confined aquifer, the hydrogeological study submitted by the developer must be reviewed by SENARA before ICAA can grant an exemption from the obligation to build a treatment plant. It also requires that any change to the approved wastewater treatment system be submitted to SETENA as a modification request. The project was suspended until SENARA issues its opinion on the hydrogeological study and SETENA approves the new conditions.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "art-50-constitution", "environmental-law-7554" ], "date": "05/05/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-708450.json", "html_url": "/legal/doc/nexus-sen-1-0007-708450", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-708450" }, { "id": "nexus-sen-1-0007-711352", "citation": "Res. 05994-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of Decree 37803 modifying the EIA Regulation", "title_es": "Constitucionalidad del Decreto 37803 que modifica el Reglamento de EIA", "summary_en": "The Constitutional Chamber dismisses an unconstitutionality action against several provisions of Executive Decree 37803, which amended the General Regulation on Environmental Impact Assessment (EIA) Procedures. The plaintiffs argued that the definition of very low environmental impact activities, the exclusion of certain activities from EIA, insufficient geographic information systems, extension of environmental viability validity from 2 to 5 years, and changes in Annex 2 thresholds violated the principles of non-regression, precaution, objectivity, and sustainable development. The Chamber held that a definition per se is not unconstitutional; exclusion of very low-impact operating activities does not eliminate other controls; selection of technical tools is an administrative matter; the validity extension does not per se constitute regression; and determining which activities require EIA is for regulations, with technical support reviewable in ordinary courts.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "26/04/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-711352.json", "html_url": "/legal/doc/nexus-sen-1-0007-711352", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-711352" }, { "id": "nexus-sen-1-0007-711458", "citation": "Res. 07759-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Inadmissibility of environmental amparo when authorities have acted in accordance with the law", "title_es": "Improcedencia del amparo ambiental cuando autoridades han intervenido conforme a la legalidad", "summary_en": "The Constitutional Chamber dismisses an amparo filed by residents of La Perla de Guácimo against the Tortuguero Conservation Area, SETENA, and the Municipality of Guácimo. The claimants alleged that the 'Urbanización La Perla' project affected a gallery forest and wetlands, and that trees were felled without permission, violating their right to a healthy environment. The Chamber finds that the respondent authorities conducted multiple inspections, granted environmental viability with conditions, authorized specific tree fellings, addressed complaints, and filed criminal charges upon detecting unauthorized logging in October 2016. It concludes there was no state inaction and that technical disagreements exceed the scope of amparo. Several justices add separate opinions on the need to distinguish constitutional review from legality review in environmental matters, suggesting that cases with prior administrative intervention should be handled by the contentious-administrative jurisdiction.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "art-50-constitution", "environmental-law-7554" ], "date": "26/05/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-711458.json", "html_url": "/legal/doc/nexus-sen-1-0007-711458", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-711458" }, { "id": "nexus-sen-1-0007-712090", "citation": "Res. 06433-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for delay in delivery of glasses to minor", "title_es": "Amparo por demora en entrega de lentes a menor", "summary_en": "The Constitutional Chamber heard an amparo petition filed on behalf of a minor who, after being prescribed corrective lenses by the Ophthalmology Service of Hospital Escalante Pradilla in February 2017, had not received them by April, with an estimated additional delay of six months. The CCSS reported that the glasses were available as of May 3, 2017, but failed to prove that the patient was notified. The Chamber found violations of the right to health and the special protection due to children, protected under Article 21 of the Constitution and international instruments. It deemed the wait disproportionate and held that the public service duty of efficiency was breached. Consequently, the amparo was granted: immediate delivery of the glasses was ordered, and the CCSS was condemned to pay costs, damages, and losses, with the warning of penalties under Article 71 of the Constitutional Jurisdiction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/05/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-712090.json", "html_url": "/legal/doc/nexus-sen-1-0007-712090", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-712090" }, { "id": "nexus-sen-1-0007-714370", "citation": "Res. 09565-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Land-use change for spring protection and Water Directorate delay", "title_es": "Cambio de uso de suelo por protección de naciente y demora de la Dirección de Aguas", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Municipality of Poás and the Water Directorate of MINAE. The petitioner claimed that the municipality arbitrarily changed the land use of his properties (from residential to non-buildable) after detecting a possible spring, and that the Water Directorate had not determined whether the water body actually existed despite knowing about the case since 2003. The Chamber partially granted the remedy: it found the municipal land-use change lawful because it was based on the precautionary principle and the protection of water resources, thus dismissing the amparo against the municipality. However, it upheld the claim against the Water Directorate for its 14-year inaction and ordered it to issue, within six months, a definitive opinion on the origin and nature of the water body, under warning of disobedience. The State was ordered to pay costs, damages, and losses. The majority held that land-use certificates are protected by the intangibility of one’s own acts but yield to supervening facts affecting water resources—a position from which some judges dissented in separate opinions.", "primary_topic_id": "water-law", "topic_ids": [ "art-50-constitution", "water-law" ], "date": "23/06/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-714370.json", "html_url": "/legal/doc/nexus-sen-1-0007-714370", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-714370" }, { "id": "nexus-sen-1-0007-721055", "citation": "Res. 13347-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of fuel benefit for illegal fishing in wildlife refuge", "title_es": "Suspensión de combustible a pesquero por pesca ilegal en refugio de vida silvestre", "summary_en": "The Constitutional Chamber reviewed an amparo filed by the owner of the fishing vessel 'Monarca' against INCOPESCA after the agency temporarily suspended (for three months) the competitive-price fuel benefit. The suspension followed the vessel being caught conducting trawl fishing inside the Camaronal Wildlife Refuge, a protected area. The petitioner alleged violations of due process, the principle of legal reserve, proportionality, and presumption of innocence. The Chamber, by majority, denied the appeal, ruling that the fault was a 'mere verification' one, thus no full prior procedure was required. It found that the suspension was based on INCOPESCA's legal powers and not on a regulatory sanction. The measure was deemed proportional: it did not ban fishing but only temporarily suspended a subsidy. Administrative liability was considered independent from criminal proceedings. A dissenting vote argued that due process was indeed violated because no proper prior procedure was afforded.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "procedural-environmental", "art-50-constitution", "wildlife-law-7317" ], "date": "25/08/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-721055.json", "html_url": "/legal/doc/nexus-sen-1-0007-721055", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-721055" }, { "id": "nexus-sen-1-0007-725071", "citation": "Res. 14907-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "State condemned for neglect and lack of effective surveillance in protected wild areas", "title_es": "Estado condenado por abandono y falta de vigilancia efectiva en áreas silvestres protegidas", "summary_en": "The Constitutional Chamber granted an amparo action filed by FECON, SITRAMINAE and others against MINAE, the Ministry of Finance, the Ministry of Health and the Comptroller General, due to the neglect and insufficient resources in the national parks and equivalent reserves system. The Court found a violation of the right to a healthy and ecologically balanced environment, as well as the labor rights of park rangers, caused by lack of personnel, equipment, adequate infrastructure and decent working conditions. It ordered MINAE, the Ministry of Finance and SINAC to coordinate a 60-month control and protection plan ensuring effective surveillance, with the necessary resources. Some detailed requests for supplies and equipment were denied as they fall within the executive branch's purview, but the State was condemned for its prolonged omission. The ruling highlights the State's duty to protect the environment and biodiversity, underscoring the unsustainability of the situation documented by the Comptroller's reports.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/09/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-725071.json", "html_url": "/legal/doc/nexus-sen-1-0007-725071", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-725071" }, { "id": "nexus-sen-1-0007-725077", "citation": "Res. 00811-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of concessions in public coastal zone under Law 9221", "title_es": "Constitucionalidad de concesiones en zona pública litoral bajo la Ley 9221", "summary_en": "The Constitutional Chamber reviews a claim of unconstitutionality against Article 8 of the Framework Law for the Declaration of Coastal Urban Zones (Law No. 9221), which permits granting concessions in the first fifty meters of the public maritime-terrestrial zone where prior occupation exists. Petitioners argue it violates the principle of inviolability of the public zone. A majority of the Chamber rejects the challenge. It acknowledges the exception to inviolability but justifies it as a necessary legal regime change to address long-standing coastal settlements, balancing the right to adequate housing, territorial planning, and environmental protection. The law is not self-executing: it requires a coastal urban zone declaration, a coastal master plan with environmental viability, a strategic environmental impact assessment, and numerous technical and administrative approvals. Concessions are conditioned on not changing land use or expanding existing construction density. The dissenting opinion by Judge Cruz maintains the law remains unconstitutional for undermining the public zone's inviolability and environmental safeguards.", "primary_topic_id": null, "topic_ids": [], "date": "20/01/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-725077.json", "html_url": "/legal/doc/nexus-sen-1-0007-725077", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-725077" }, { "id": "nexus-sen-1-0007-725250", "citation": "Res. 07999-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of the Indigenous Education Subsystem Reform", "title_es": "Constitucionalidad de la reforma al Subsistema de Educación Indígena", "summary_en": "The Constitutional Chamber reviewed two consolidated unconstitutionality actions against Executive Decree No. 37801-MEP, which reformed the Indigenous Education Subsystem. The petitioners, representatives of indigenous development associations, claimed the decree violated the prior consultation right under ILO Convention 169, the right to education, and the right to their own representative institutions. The majority of the Chamber denied the actions, after verifying that the Ministry of Public Education carried out an extensive process of prior, free, and informed consultation in 23 of 24 indigenous territories, using native languages and with participation of international observers. The Chamber held that the Local Indigenous Education Councils did not replace the development associations, but were flexible structures composed of indigenous people to channel participation in educational matters, and that the possibility of hiring non-indigenous teachers in case of lack of qualified indigenous personnel was not unconstitutional. However, two judges dissented and granted the actions due to violation of the consultation right, annulling the decree with prospective effects starting from the 2017 school year, to protect the minors' right to education.", "primary_topic_id": null, "topic_ids": [ "indigenous-law-6172", "_off-topic" ], "date": "10/06/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-725250.json", "html_url": "/legal/doc/nexus-sen-1-0007-725250", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-725250" }, { "id": "nexus-sen-1-0007-729120", "citation": "Res. 17957-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Construction of the Faculty of Dentistry on Finca 3 and the right to a healthy environment", "title_es": "Construcción de la Facultad de Odontología en Finca 3 y derecho a un ambiente sano", "summary_en": "The Constitutional Chamber reviews an amparo action against UCR, SETENA, and the Municipality of Montes de Oca, concerning the construction of the Faculty of Dentistry on UCR's sports facilities (Finca 3). The claimants argue a violation of the right to a healthy environment (Article 50), lack of logging permits, impacts on wildlife, deficiencies in the EIA, absence of public participation, and incompatibility of land use with areas of high environmental fragility. The Chamber, by majority, dismisses the action, holding that the project obtained environmental viability from SETENA after a rigorous EIA process, that Finca 3 is not a forest under Law 7575 nor a protected area, that the exemption in Article 28 for individually-planted trees applies, and that compensation measures were foreseen. It rejects the claims regarding participation and environmental damage. Justice Cruz Castro dissents, finding environmental harm and granting the amparo; Justice Hernández López dissents, arguing that claims under Article 50 should be pursued through ordinary proceedings.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "10/11/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-729120.json", "html_url": "/legal/doc/nexus-sen-1-0007-729120", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-729120" }, { "id": "nexus-sen-1-0007-731546", "citation": "Res. 19249-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Tree cutting in protection areas and Los Chorros Recreational Park under national convenience declaration", "title_es": "Corte de árboles en áreas de protección y Parque Recreativo Los Chorros mediante declaratoria de conveniencia nacional", "summary_en": "The Constitutional Chamber rejected a writ of amparo against Executive Decree No. 40675-MINAE and a SETENA communication related to the Atenas aqueduct improvement project. The petitioners argued the decree authorized tree felling in Los Chorros Recreational Park, violating Law No. 6126 and prior case law. The Chamber found the decree does not specifically mention the park but refers to protection areas under Article 33 of the Forestry Law, and that the national convenience declaration is a legal mechanism to permit limited cutting in such areas under Articles 19 and 34 of that law. It also considered the dispute over whether the park is State Natural Heritage a matter of mere legality outside amparo's scope. The judgment includes separate reasons from a magistrate arguing the Chamber should generally decline environmental claims when adequate administrative and contentious-administrative remedies exist, except for direct risks to health or water access.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "01/12/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-731546.json", "html_url": "/legal/doc/nexus-sen-1-0007-731546", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-731546" }, { "id": "nexus-sen-1-0007-732725", "citation": "Res. 20057-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Coastal Zone Concessions without Hydrogeological Studies and Impact on State Natural Heritage", "title_es": "Concesiones en Zona Marítimo Terrestre sin estudios hidrogeológicos y afectación al Patrimonio Natural del Estado", "summary_en": "The Constitutional Chamber reviews an amparo against the renewal of coastal zone concessions in Bahía Drake, alleging lack of aquifer vulnerability studies, failure to identify recharge zones or springs, and failure to exclude State Natural Heritage areas. It finds that Sergio Miranda Torres' concession was renewed after excluding PNE areas and with ICT approval, while Free Town S.A.'s renewal is still pending. Deforestation is not proven. The Chamber denies the amparo but orders the municipality, SETENA, SENARA, and ICT to note the duty to require hydrogeological studies and environmental assessments in concession areas, applying the precautionary principle and SENARA's generic aquifer protection matrix as a technical guide where no hydrogeological maps exist.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "property-and-titling" ], "date": "15/12/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-732725.json", "html_url": "/legal/doc/nexus-sen-1-0007-732725", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-732725" }, { "id": "nexus-sen-1-0007-735647", "citation": "Res. 01633-2018 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Pruning trees in Guápiles Boulevard for safety reasons does not violate environmental right", "title_es": "Poda de árboles en Bulevar de Guápiles por razones de seguridad no viola derecho al ambiente", "summary_en": "The Constitutional Chamber dismissed a writ of amparo against the Municipality of Pococí and the ICE for the pruning and felling of trees on Guápiles Boulevard and near the Toro Amarillo School. The petitioner alleged violation of the right to a healthy environment, lack of prior information, and insecurity, but it was proven that the work was carried out for safety reasons due to falling branches and danger to pedestrians and vehicles. The Chamber recalled that, in accordance with constitutional article 50 and the Forestry Law, felling is justified when there are reasons of safety, health, or hygiene. Furthermore, it was verified that information was provided to the community and responses were given to the petitioner's requests. Justices Jinesta Lobo and Salazar Alvarado added separate reasons on the need to distinguish between constitutional and legality review, noting that when there is prior administrative intervention, the matter must be heard in the ordinary courts. Justice Hernández López also gave different reasons, considering that danger to life or property was not proven.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "02/02/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0007-735647.json", "html_url": "/legal/doc/nexus-sen-1-0007-735647", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-735647" }, { "id": "nexus-sen-1-0007-744635", "citation": "Res. 06589-2018 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Transitional provision on pesticides in drinking water violates precautionary principle", "title_es": "Transitorio de plaguicidas en agua potable viola principio precautorio", "summary_en": "The Constitutional Chamber granted an amparo appeal against Executive Decree No. 39144‑S, which added a transitional provision to the Drinking Water Quality Regulation (Decree No. 38924‑S). The transitional provision suspended for three years the maximum limits for pesticide residues originally based on European standards, replacing them with EPA and WHO limits and leaving many pesticides without a maximum permitted value, indicating only “not detectable.” The Chamber had already struck down the transitional provision in unconstitutionality ruling 2017‑17950 for violating the precautionary principle and the fundamental rights to life, health, and a healthy environment. In this judgment, the Chamber upholds the amparo solely for compensation purposes, ordering the State to pay costs and damages, to be determined in administrative contentious proceedings.", "primary_topic_id": "water-law", "topic_ids": [ "art-50-constitution", "water-law" ], "date": "27/04/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0007-744635.json", "html_url": "/legal/doc/nexus-sen-1-0007-744635", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-744635" }, { "id": "nexus-sen-1-0007-745861", "citation": "Res. 05620-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Decree 27800-MINAE requires prior consultation with indigenous peoples", "title_es": "Decreto 27800-MINAE requiere consulta previa a pueblos indígenas", "summary_en": "The Constitutional Chamber granted an unconstitutionality action against Executive Decree 27800‑MINAE, which regulates the use of forest resources in indigenous reserves. The Chamber found that the decree was issued in 1999 without the prior, free, and informed consultation required by Articles 6 and 7 of ILO Convention 169. Although the decree pursues environmental protection, the Chamber stressed that this purpose does not exempt the State from consulting indigenous peoples whenever an administrative measure directly affects their territories and culture. To avoid a regulatory gap detrimental to the environment, the Chamber limited the temporal effect of the ruling: the decree will remain in force for four years from the publication of the decision in the Official Gazette, during which the Executive must carry out the consultation. If the consultation is not undertaken, the decree will lose effect at the end of that period.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "27/04/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-745861.json", "html_url": "/legal/doc/nexus-sen-1-0007-745861", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-745861" }, { "id": "nexus-sen-1-0007-748547", "citation": "Res. 18360-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of reducing aerial spray buffer to 30 meters", "title_es": "Constitucionalidad de la reducción de franja de fumigación aérea a 30 metros", "summary_en": "The Constitutional Chamber reviewed a constitutional challenge against Article 1 of Executive Decree 34202, which amended the Agricultural Aviation Regulations by allowing the buffer zone for aerial pesticide spraying to be reduced from 100 to 30 meters when a vegetative barrier and technical conditions are met. The petitioner argued violations of Articles 7, 21, and 50 of the Constitution, the precautionary principle, and non-regression. The Chamber dismissed the action by majority, holding that the reform is based on scientific and technical studies justifying the reduction without undermining health or environmental rights, and that alleged non‑compliance must be addressed through ordinary courts. One justice dissented, finding the same unconstitutional regression as in a prior ruling.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554" ], "date": "15/11/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-748547.json", "html_url": "/legal/doc/nexus-sen-1-0007-748547", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-748547" }, { "id": "nexus-sen-1-0007-750770", "citation": "Res. 09909-2018 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Regulation of food entry into prisons", "title_es": "Regulación del ingreso de alimentos a centros penitenciarios", "summary_en": "The Constitutional Chamber hears an amparo brought by inmates of the Jorge Arturo Montero Castro Institutional Care Center against the Directorate General of Social Adaptation, challenging Circular No. DG-DPP-01-2018 which regulates objects and food allowed during intimate and general visits. The plaintiffs argue that the requirement for visitors to remove unconsumed food violates their rights, as no such limit existed before and their families depend on it. They also complain about the quality of institutional food and the handling of food during transport, alleging that a dirty wooden board ruins meals. The Chamber dismisses the amparo in its entirety, holding that the circular does not absolutely prohibit food entry but rationally regulates quantities for reasons of health, order, and security. The health authority confirmed that handling procedures comply with standards, and the institutional menu meets nutritional requirements. The measure is reasonable and pursues legitimate aims, with no fundamental rights violation.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "22/06/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0007-750770.json", "html_url": "/legal/doc/nexus-sen-1-0007-750770", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-750770" }, { "id": "nexus-sen-1-0007-752092", "citation": "Res. 10886-2018 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to a healthy environment for inmates due to inadequate waste management", "title_es": "Derecho a ambiente sano de privados de libertad por manejo inadecuado de basura", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by an inmate at the Jorge Arturo Montero Castro Institutional Care Center, who alleged violations of his fundamental rights to health and a healthy environment due to pollution from a nearby garbage collection center, as well as tobacco smoke, cockroach and cat infestations, and sewage overflows. The inmate also claimed judicial delay in resolving complaint incidents. The Chamber partially granted the appeal solely regarding the inadequate handling of waste at the collection center, finding after a Ministry of Health inspection that organic waste remained exposed, promoting harmful fauna and affecting the inmate's healthy environment, despite adequate infrastructure. It ordered prison authorities to comply with the sanitary order issued to correct the deficiencies, while dismissing the other claims because corrective measures had been taken or no injury was proven.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "06/07/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0007-752092.json", "html_url": "/legal/doc/nexus-sen-1-0007-752092", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-752092" }, { "id": "nexus-sen-1-0007-752230", "citation": "Res. 17950-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Transitional provision of Drinking Water Regulation suspends pesticide parameters", "title_es": "Transitorio del Reglamento de Agua Potable suspende parámetros de plaguicidas", "summary_en": "The Constitutional Court reviewed a claim against Executive Decree No. 39144-S, which added a transitional provision to the Drinking Water Quality Regulation (Decree No. 38924-S). This provision suspended for three years the application of the original table of pesticide residue parameters—which used global maximum admissible values—and replaced it with a table of individual values, many using the category \"Not Detectable by Method\" (ND) instead of a concrete numeric value. The petitioner argued that the decree violated the rights to life, health, and a healthy environment, as well as the precautionary principle. The Court held that the transitional provision was unconstitutional because it represented a regression in public health protection without technical justification and contravened the precautionary principle by failing to ensure drinking water safety against toxic pesticides. The provision was annulled effective from the date of the ruling, without prejudice to potential liability for damages occurring while it was in force.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "art-50-constitution" ], "date": "08/11/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-752230.json", "html_url": "/legal/doc/nexus-sen-1-0007-752230", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-752230" }, { "id": "nexus-sen-1-0007-752597", "citation": "Res. 11353-2018 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas Corpus Denied for Failure to Appear in Environmental Criminal Case", "title_es": "Improcedencia de hábeas corpus por rebeldía en causa ambiental", "summary_en": "The Constitutional Chamber denies a habeas corpus petition filed on behalf of a defendant in criminal proceedings for the crime of Invasion of Protected Areas and Others. The petitioner argued that the Osa Criminal Court illegally declared the defendant in default and issued a capture order for his failure to appear at the preliminary hearing, claiming an erroneous interpretation of Article 318 of the Criminal Procedure Code. The Chamber held that the court's decision was not arbitrary: the defendant could not be located at the address provided for notifications and his attorney was unaware of his whereabouts, making it impossible to proceed in absentia. It further clarified that the proper application of Article 318 is a matter of legality to be resolved through ordinary criminal proceedings, not constitutional jurisdiction. The petition is therefore dismissed.", "primary_topic_id": null, "topic_ids": [], "date": "13/07/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0007-752597.json", "html_url": "/legal/doc/nexus-sen-1-0007-752597", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-752597" }, { "id": "nexus-sen-1-0007-80019", "citation": "Res. 00305-1990 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Outright dismissal of unconstitutionality action within habeas corpus proceedings", "title_es": "Rechazo de plano de acción de inconstitucionalidad en proceso de hábeas corpus", "summary_en": "The Constitutional Chamber dismisses outright the unconstitutionality action filed by Mr. Antonio Álvarez Desanti against Articles 26(2) and 52 of the Constitutional Jurisdiction Law, which regulate the award of damages in habeas corpus and amparo proceedings. The Chamber finds that the petitioner lacks standing because the action is not a reasonable means to protect the right or interest he claims is harmed. The possible award of damages is merely an eventual expectation, not a present injury; admitting the action would unjustifiably stay the prior habeas corpus proceeding, jeopardizing fundamental and inalienable rights to protect secondary pecuniary interests. The Chamber also rejects the argument of a diffuse interest, as the challenged provisions can be applied to the detriment of an individualized person. The ruling establishes strict admissibility requirements for unconstitutionality actions brought within habeas corpus or amparo proceedings, requiring that the action be absolutely necessary at that procedural stage.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/03/1990", "year": "1990", "json_url": "/data/legal/docs/nexus-sen-1-0007-80019.json", "html_url": "/legal/doc/nexus-sen-1-0007-80019", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-80019" }, { "id": "nexus-sen-1-0007-80027", "citation": "Res. 00453-1990 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Fines Created via Budget Are Unconstitutional", "title_es": "Multas creadas vía presupuesto son inconstitucionales", "summary_en": "The Constitutional Chamber declared unconstitutional subsection 33) of Article 19 of the Extraordinary Budget Law No. 7097, which created fines for vehicles without public service plates engaged in that activity and extended the validity of an ordinary law. The Chamber reasoned that while budget laws may include general provisions related to budget execution, they cannot incorporate non-budgetary matters without following the ordinary legislative process required by Articles 121(1) and (11) and 124 et seq. of the Political Constitution. Since the norm was adopted through the budget procedure rather than the ordinary one, it became unconstitutional. The ruling fully annulled the challenged subsection and recognized the right of those who had paid fines under that norm to reclaim their money.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/05/1990", "year": "1990", "json_url": "/data/legal/docs/nexus-sen-1-0007-80027.json", "html_url": "/legal/doc/nexus-sen-1-0007-80027", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-80027" }, { "id": "nexus-sen-1-0007-80042", "citation": "Res. 00568-1990 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Budget provision adding tax on public performances is unconstitutional", "title_es": "Norma presupuestaria que adiciona impuesto a espectáculos públicos es inconstitucional", "summary_en": "The Constitutional Chamber reviewed a constitutional challenge against Article 144 of Law 7097 of 1988, which added Article 72 to the Income Tax Law (7092). The provision created a single, definitive 40% tax on gross income from occasional public performances, and a 50% rate for performances with high cultural content recommended by the Ministry of Culture. Following the precedent set in Ruling 121-89, the Chamber held that the subject matter — imposing a tax — is neither budgetary in nature nor related to budget execution; rather, it constitutes an amendment to ordinary tax legislation. Consequently, it could not be enacted through the special and restricted procedure of the Budget Law, which grants the Executive exclusive initiative and eliminates the veto. Its inclusion in the budget law violated Articles 121 (clauses 1, 11, and 13) and 123 through 128 of the Political Constitution. The action was granted, and the provision was annulled with retroactive effect to the date it took effect, recognizing taxpayers’ right to recover amounts paid.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/05/1990", "year": "1990", "json_url": "/data/legal/docs/nexus-sen-1-0007-80042.json", "html_url": "/legal/doc/nexus-sen-1-0007-80042", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-80042" }, { "id": "nexus-sen-1-0007-80061", "citation": "Res. 00718-1990 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Atypical budget rules cannot amend tax legislation", "title_es": "Normas presupuestarias atípicas no pueden reformar legislación tributaria", "summary_en": "The Constitutional Chamber annuls article 178 of the Extraordinary Budget Law No. 6995 and its implementing decree, finding them unconstitutional. The budget law has a special material content and a qualified legislative procedure; it cannot be used to modify taxes, fees, or create or transfer administrative units—matters reserved for ordinary legislation. The ruling restores the provisions repealed by the annulled article and orders the State to refund overpaid amounts with legal interest, not only to the plaintiffs but to all affected payers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/06/1990", "year": "1990", "json_url": "/data/legal/docs/nexus-sen-1-0007-80061.json", "html_url": "/legal/doc/nexus-sen-1-0007-80061", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-80061" }, { "id": "nexus-sen-1-0007-80200", "citation": "Res. 00447-1991 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of the Maritime Zone Law", "title_es": "Constitucionalidad de la Ley de Zona Marítimo Terrestre", "summary_en": "The Constitutional Chamber dismissed an unconstitutionality action against the Maritime-Terrestrial Zone Law (No. 6043) and its regulation. The plaintiff alleged violation of Article 45 of the Constitution for lack of a qualified vote, violation of due process (Art. 39) for eviction without prior information, an open-ended criminal offense (Art. 62), and undue powers of the Attorney General's Office. The Chamber held that the law does not impose limitations on private property but regulates public domain assets, which are imprescriptible and inalienable, so a qualified vote was not required. It interpreted Article 13 as always requiring prior information, except when the offender expressly accepts guilt, and that the exemption of liability for authorities only applies to legitimate actions. It upheld the criminal provision as a constitutional \"blank criminal law\" and clarified that the Attorney General's Office acts in a consultative capacity, not issuing administrative decisions, thus not violating due process. The action was dismissed on all grounds, with interpretations consistent with the Constitution.", "primary_topic_id": null, "topic_ids": [], "date": "21/02/1991", "year": "1991", "json_url": "/data/legal/docs/nexus-sen-1-0007-80200.json", "html_url": "/legal/doc/nexus-sen-1-0007-80200", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-80200" }, { "id": "nexus-sen-1-0007-82085", "citation": "Res. 04205-1996 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Duty to cede green areas in subdivisions and municipal autonomy", "title_es": "Obligación de ceder áreas verdes en fraccionamientos y autonomía municipal", "summary_en": "The Constitutional Chamber resolves a challenge against INVU Subdivision and Urbanization Regulations requiring developers to cede 10% of subdivided land for green areas and urban infrastructure, and allowing cash payment as a substitute. The Chamber holds that the obligation to cede land to municipalities is constitutionally grounded in the social function of property and urban planning, and does not constitute an expropriation requiring compensation. However, it strikes down several provisions: the cession cannot be replaced by monetary payment, agricultural parcels are exempt from this burden, and exclusive municipal powers in urban planning cannot be exercised by INVU. It also declares unconstitutional Transitional Provision II of the Urban Planning Law because it was enacted through a budget law, restoring its prior text.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "20/08/1996", "year": "1996", "json_url": "/data/legal/docs/nexus-sen-1-0007-82085.json", "html_url": "/legal/doc/nexus-sen-1-0007-82085", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-82085" }, { "id": "nexus-sen-1-0007-82278", "citation": "Res. 01319-1997 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right of every minor to appeal adverse criminal decisions", "title_es": "Derecho de todo menor a recurrir decisiones penales adversas", "summary_en": "The Constitutional Chamber declared unconstitutional by omission Article 71 of the Organic Law of the Juvenile Guardianship Jurisdiction, which limited the right to appeal to only three grounds: measures restricting liberty, redoing evidence, or exempting from responsibility. The ruling holds that this restriction violates due process and human rights recognized in the Convention on the Rights of the Child (Art. 40.2.b.V) and the American Convention (Art. 8.2.h), by denying minors the right to have any adverse criminal decision or measure reviewed by a higher court. The Chamber emphasizes that minors enjoy the same procedural guarantees as adults and that international norms are self-executing and hold supra-legal rank. Although the guardianship law was repealed by the Juvenile Criminal Justice Law (No. 7576), the Chamber gives the ruling temporal effect so that in pending cases where an appeal was filed, the respective courts must admit the appeal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/03/1997", "year": "1997", "json_url": "/data/legal/docs/nexus-sen-1-0007-82278.json", "html_url": "/legal/doc/nexus-sen-1-0007-82278", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-82278" }, { "id": "nexus-sen-1-0007-82653", "citation": "Res. 07294-1998 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reduction of Tivives Protected Zone without technical studies", "title_es": "Reducción de la Zona Protectora Tivives sin estudios técnicos", "summary_en": "The Constitutional Court declared unconstitutional Article 71 of Forestry Law No. 7575, which had modified the boundaries of Tivives Protected Zone, reducing its area by 14%. The plaintiffs argued that the reduction would cause biodiversity loss, mangrove sedimentation, agricultural frontier expansion, and disintegration of the conservation unit, violating Article 50 of the Constitution. The Court held that once an area is declared a protected zone, any reduction must be supported by prior technical studies justifying that the right to a healthy environment is not harmed, as required by Article 38 of the Environmental Law. The Legislative Assembly did not conduct such studies, so the provision contravenes the principle of reasonableness and Article 50. The ruling has retroactive effects and reinstates the original boundary set by Decree No. 17023-MAG.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "environmental-law-7554", "forestry-law-7575" ], "date": "13/10/1998", "year": "1998", "json_url": "/data/legal/docs/nexus-sen-1-0007-82653.json", "html_url": "/legal/doc/nexus-sen-1-0007-82653", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-82653" }, { "id": "nexus-sen-1-0007-83621", "citation": "Res. 06240-1993 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Right to a Healthy Environment and Mandatory Prior Environmental Impact Studies for Hydrocarbon Concessions", "title_es": "Derecho a un ambiente sano y obligatoriedad de estudios de impacto ambiental previos a concesiones de hidrocarburos", "summary_en": "The Constitutional Chamber reviewed the Hydrocarbons Bill (Legislative File No. 9573) following optional legislative consultations. Multiple provisions were declared unconstitutional, including those granting the General Directorate of Hydrocarbons —a mere deconcentrated body of MIRENEM— near-full legal personality, encroaching on the powers of the Executive Branch, the National Treasury, and the constitutional budget regime. On environmental matters, the Chamber set fundamental precedents: it recognized the right to a healthy environment derived from Articles 21, 50, and 89 of the Constitution and international law, and declared Article 41(2) of the bill unconstitutional because it allowed environmental impact studies to be submitted after concession contracts were signed, violating the precautionary principle. It also struck down indiscriminate confidentiality of information and the exclusion of the Directorate's officials from the Civil Service.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "26/11/1993", "year": "1993", "json_url": "/data/legal/docs/nexus-sen-1-0007-83621.json", "html_url": "/legal/doc/nexus-sen-1-0007-83621", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-83621" }, { "id": "nexus-sen-1-0007-83741", "citation": "Res. 07598-1994 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Duty to include positions in the Civil Service Regime and prohibition of exclusion through budget law", "title_es": "Deber de incluir puestos en el Régimen de Servicio Civil y prohibición de exclusión por ley de presupuesto", "summary_en": "The Constitutional Chamber resolved a facultative legislative consultation on the 1995 budget bill. It declared multiple budget execution norms unconstitutional for regulating matters outside the budget's specialized scope, such as modifying labor rights, creating earmarked funds in violation of the single-treasury principle, and provisions affecting the independence of autonomous institutions. Notably, it held that a simple “(e)” notation next to Subdirector of Education positions is insufficient to exclude them from the Civil Service Regime, as every public office must be under that regime except for express legal exceptions; reasoned resolution by the General Directorate of Civil Service is required for exclusions. The Chamber reaffirmed that the budget is a special law that may only contain norms linked to its execution, without modifying ordinary laws or creating new competencies. It also clarified that authorizing the Executive Branch to transfer budget items is not unconstitutional if done within the same program, and that issuing internal debt bonds is a constitutionally valid financing mechanism.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/12/1994", "year": "1994", "json_url": "/data/legal/docs/nexus-sen-1-0007-83741.json", "html_url": "/legal/doc/nexus-sen-1-0007-83741", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-83741" }, { "id": "nexus-sen-1-0007-84187", "citation": "Res. 03789-1992 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "CGR opportunity control over municipal concessions and transfer of powers to the Government Council", "title_es": "Control de oportunidad de la CGR sobre concesiones municipales y traslado de competencias al Consejo de Gobierno", "summary_en": "The Constitutional Chamber reviewed the draft General Law on Public Works Concession (Legislative File 11344) following two accumulated facultative legislative consultations. Several issues were analyzed: (i) the processing of motions under article 41 of the Legislative Rules, finding no procedural defect since the core subject matter remained unchanged; (ii) the compatibility of the concession regime for new railway, dock, and airport facilities with article 121(14) of the Constitution, holding there is no transfer or loss of state ownership; (iii) the grant to the Comptroller General of an opportunity review over municipal concession agreements, declared unconstitutional for violating municipal autonomy (articles 169 and 170); (iv) the assignment to the Government Council of the power to grant public works concessions, also found unconstitutional for contravening the distribution of executive powers (articles 140(19) and 147); (v) the establishment of peremptory deadlines for the Legislative Assembly to approve concessions, deemed unconstitutional for infringing Parliament's self-regulatory powers; and (vi) the alleged environmental omission, rejected since the bill includes provisions on environmental impact, concessionaire liability, and citizen standing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/11/1992", "year": "1992", "json_url": "/data/legal/docs/nexus-sen-1-0007-84187.json", "html_url": "/legal/doc/nexus-sen-1-0007-84187", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-84187" }, { "id": "nexus-sen-1-0007-849632", "citation": "Res. 13137-2018 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with delivery of labor case file copies", "title_es": "Incumplimiento en entrega de copias de expediente laboral", "summary_en": "The Constitutional Chamber reviews a non-compliance claim regarding the alleged failure to comply with ruling No. 2018-009402, which ordered the delivery of copies of an electronic court file. The claimant argues that the audio recordings provided do not correspond to the entire hearing. The court reports that it attempted to contact the claimant and her lawyer by phone, without success, and sent an email informing them that the file was available and requesting they appear with a storage device. The Chamber finds that the impediments to compliance are attributable to the claimant and her lawyer, and denies the claim for lack of current interest.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/08/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0007-849632.json", "html_url": "/legal/doc/nexus-sen-1-0007-849632", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-849632" }, { "id": "nexus-sen-1-0007-851481", "citation": "Res. 13718-2018 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of road reopening in Tortuguero for lack of environmental study", "title_es": "Suspensión de reapertura de camino en Tortuguero por falta de estudio ambiental", "summary_en": "The Constitutional Chamber reviewed an amparo petition against the Municipality of Pococí and MINAE for reopening the Caño Chiquero road, which crosses the Tortuguero Protective Zone and National Park. The petitioner argued that works were authorized without an environmental impact study, even though the road runs more than 50% through a wetland in an environmentally fragile area. The Chamber confirmed that part of the road lies within these protected areas, which require special protection due to their biodiversity. Applying the precautionary principle, the Chamber held that an environmental impact study was mandatory before starting works. Although the road was listed in an emergency decree, no causal link between the emergency and the works was proven, so the exception regime did not apply. The majority granted the petition, ordering suspension of works until environmental permits were obtained. Two justices dissented, arguing the case should be resolved in ordinary jurisdiction as a legality matter.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "procedural-environmental", "environmental-law-7554", "art-50-constitution" ], "date": "24/08/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0007-851481.json", "html_url": "/legal/doc/nexus-sen-1-0007-851481", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-851481" }, { "id": "nexus-sen-1-0007-858267", "citation": "Res. 16535-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to Monitor Sea Turtle Nesting Area in Tortuguero", "title_es": "Omisión de vigilancia en zona de desove de tortugas marinas en Tortuguero", "summary_en": "The Constitutional Chamber reviewed an amparo action against the Tortuguero Conservation Area (ACTo) of SINAC for an alleged failure to monitor the beach between Jalova Lagoon and the Parismina River mouth, a nesting site for leatherback, hawksbill, olive ridley, and green sea turtles, all CITES I endangered species. Petitioners reported a July 25, 2017 incident of turtle poaching and killing, claiming lack of state presence violated the right to a healthy and ecologically balanced environment under Articles 50 and 89 of the Constitution, as well as CITES obligations. The majority dismissed the action, finding that ACTo had taken patrol and reinforcement measures after the complaint and already had a prevention, protection, and control plan. However, two justices dissented, granting the amparo because they considered the state’s response reactive rather than preventive, ordering an evaluation and effective protective measures. The ruling highlights the debate between reactive and proactive environmental protection under constitutional review.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "procedural-environmental" ], "date": "13/10/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-858267.json", "html_url": "/legal/doc/nexus-sen-1-0007-858267", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-858267" }, { "id": "nexus-sen-1-0007-87313", "citation": "Res. 02306-1991 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Revocation of street-vending permits requires due process", "title_es": "Revocación de permisos de ventas estacionarias debe respetar el debido proceso", "summary_en": "The Constitutional Chamber examines the legal nature of permits for stationary and ambulatory street vendors on public roads in San José under Law 6587 and the municipal regulation. It holds that although such permits are precariously granted over public domain property—inalienable, imprescriptible, and unseizable—the administration may not revoke them abruptly or without a prior procedure, particularly when they constitute the vendors’ means of subsistence. The lack of a cancellation procedure violates due process (Article 39 of the Constitution). The Chamber grants the amparo, restores the plaintiffs' fundamental rights, and orders the Municipality of San José and the State to pay costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "06/11/1991", "year": "1991", "json_url": "/data/legal/docs/nexus-sen-1-0007-87313.json", "html_url": "/legal/doc/nexus-sen-1-0007-87313", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-87313" }, { "id": "nexus-sen-1-0007-875804", "citation": "Res. 15711-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Mandatory indigenous consultation for El Diquís hydroelectric project", "title_es": "Consulta indígena obligatoria para proyecto hidroeléctrico El Diquís", "summary_en": "The Constitutional Chamber annuls Article 8 of Executive Decree 34312-MP-MINAE (2008), which authorized material extraction sites within indigenous territories for the El Diquís Hydroelectric Project. Ruling 2011-12975 had conditioned the article's validity on the completion of a prior, free, and informed consultation required by ILO Convention 169 within a non-extendable six-month period. Finding that the consultation never occurred, the Court declares a supervening unconstitutionality and voids the provision. The decision underscores the State's obligation to consult indigenous peoples in good faith before any measure affecting their lands, and that failure to meet this condition invalidates the enabling norm.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "26/10/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-875804.json", "html_url": "/legal/doc/nexus-sen-1-0007-875804", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-875804" }, { "id": "nexus-sen-1-0007-896758", "citation": "Res. 02375-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Law 9205 struck down for lack of prior technical studies", "title_es": "Ley 9205 declarada inconstitucional por falta de estudios técnicos previos", "summary_en": "The Constitutional Chamber declared unconstitutional Law No. 9205, which had authorized the titling of land within JAPDEVA's property in Limón. The law sought to grant property rights to long-term possessors, but involved the removal of protected wild areas, state natural heritage, wetlands and the maritime-terrestrial zone from their protective regime. The Chamber found that the legislature committed an essential procedural defect by failing to obtain prior technical studies justifying the reduction or declassification of these environmentally sensitive areas. It held that Article 38 of the Organic Environmental Law and the principle of constitutional reasonableness require such studies to be conducted before enactment, not afterwards. The absence of those studies violated Articles 50, 89 and 121(14) of the Constitution, as well as the principle of non-regression in environmental matters. The annulment has declaratory and retroactive effect to the date the law took effect, without prejudice to good-faith acquired rights.", "primary_topic_id": null, "topic_ids": [], "date": "15/02/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-896758.json", "html_url": "/legal/doc/nexus-sen-1-0007-896758", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-896758" }, { "id": "nexus-sen-1-0007-898439", "citation": "Res. 00021-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Advancement of Medical Appointment as Supervening Fact", "title_es": "Adelanto de cita médica como hecho sobreviniente", "summary_en": "The Constitutional Chamber heard an amparo action filed by a patient against the Costa Rican Social Security Fund (CCSS) regarding a neurosurgery appointment scheduled for February 2021, a delay she considered disproportionate and a violation of her fundamental rights due to two cervical herniated discs. During the proceedings, the hospital administratively advanced her appointment to December 6, 2018, before being notified of the amparo. The Chamber verified that the petitioner was indeed evaluated on that date and that the original appointment was removed from the system. Consequently, the appeal was dismissed, considering that the grievance had ceased due to this supervening event and that care was provided within a reasonable time, without the need for any remedial order.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/01/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-898439.json", "html_url": "/legal/doc/nexus-sen-1-0007-898439", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-898439" }, { "id": "nexus-sen-1-0007-899612", "citation": "Res. 00695-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Pineapple plantation aquifer contamination in Río Cuarto — duty of inter-institutional coordination", "title_es": "Contaminación de acuíferos por piñera en Río Cuarto — deber de coordinación interinstitucional", "summary_en": "The Constitutional Chamber upheld an amparo filed by community water boards (ASADAs) of Santa Rita, La Tabla and Santa Isabel de Río Cuarto de Alajuela, due to contamination of their drinking water sources with agrochemicals (bromacil) attributed to a pineapple plantation. The Chamber found that despite complaints filed since 2011 with the Environmental Administrative Tribunal, the Ministry of Health, the State Phytosanitary Service and other authorities, the response was delayed and negligent, forcing several springs to be taken out of service in 2018. The ruling is based on the rights to health and a healthy environment (Art. 50 of the Constitution), the precautionary principle, and the duty of inter-institutional coordination in environmental matters. It orders the immediate start of a remediation process for the water sources, through a single plan to be prepared jointly by all respondent authorities under the direct coordination of the Minister of Health, who must report progress every six months. It warns that mandatory setbacks, prohibition of contaminating agrochemicals and even closure of enterprises may be ordered if the instructions are not followed. Pending completion of remediation, the authorities must ensure continuity of drinking water service to the affected communities.", "primary_topic_id": "water-law", "topic_ids": [ "art-50-constitution", "water-law", "procedural-environmental" ], "date": "18/01/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-899612.json", "html_url": "/legal/doc/nexus-sen-1-0007-899612", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-899612" }, { "id": "nexus-sen-1-0007-904306", "citation": "Res. 02553-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Compliance with Sanitary Order to Clean Up Estero de Puntarenas", "title_es": "Cumplimiento de orden sanitaria para descontaminar Estero de Puntarenas", "summary_en": "The Constitutional Chamber granted an amparo filed by residents of Chacarita, Puntarenas, regarding authorities' failure to address pollution in the Estero de Puntarenas. The court found solid waste, untreated wastewater, and lack of a sewage system in a protected mangrove wetland, harming health, the environment, and biodiversity. It ordered the Municipality, the Ministry of Health, and SINAC to coordinate enforcement of Sanitary Order No. 0219-Reg-2018, requiring a corrective action plan with a timeline, and to respond in writing to the complainants. The ruling emphasizes the State's duty to protect the environment under the precautionary principle and the need for inter-institutional coordination. Non-compliance may constitute criminal disobedience.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "art-50-constitution", "procedural-environmental" ], "date": "15/02/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-904306.json", "html_url": "/legal/doc/nexus-sen-1-0007-904306", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-904306" }, { "id": "nexus-sen-1-0007-908938", "citation": "Res. 00673-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Segregation of Border Corridor Wildlife Refuge requires technical studies and compensation", "title_es": "Segregación del Refugio Corredor Fronterizo requiere estudios técnicos y compensación", "summary_en": "The Constitutional Chamber upholds an unconstitutionality action against Law 8803 and its Regulation, which segregated about 13 hectares of the Border Corridor National Wildlife Refuge for the Las Tablillas Border Post. The Chamber finds that, although the reduction was done by law, it lacked sufficient technical studies justifying the measure and did not establish compensation measures—requirements set by constitutional case law for reducing protected wild areas. The existing technical study addressed an initial 236-hectare proposal deemed unviable, without explaining why reducing to 13 hectares would not cause the same negative impacts. Additionally, the law omitted any compensation. Consequently, the norms are annulled, but the effects are modulated: the Legislative Assembly is urged to approve, within 18 months, a new law meeting constitutional requirements, while the voided norms remain in force in the interim.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "16/01/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-908938.json", "html_url": "/legal/doc/nexus-sen-1-0007-908938", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-908938" }, { "id": "nexus-sen-1-0007-915252", "citation": "Res. 06994-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of road works for risk to aquifers in Naranjo", "title_es": "Suspensión de obra vial por riesgo a mantos acuíferos en Naranjo", "summary_en": "The Constitutional Chamber partially granted an amparo action against the Municipality of Naranjo regarding the widening and paving of the road \"La Casona\", located within the 200-meter protection zone of springs that supply drinking water to local communities. The court applied the precautionary principle after finding that the hydrogeological study submitted by the municipality had not been reviewed or approved by the competent authorities (AyA, SENARA, ASADAs), so there was reasonable doubt about the environmental impact. It ordered the immobilization of the works until a valid technical report certifies that the aquifers will not be affected, and ordered the municipality to pay costs, damages and losses. The action was dismissed against AyA, Ministry of Health and SENARA, as they had not incurred in omissions or arbitrary conduct.", "primary_topic_id": "water-law", "topic_ids": [ "art-50-constitution", "water-law", "procedural-environmental" ], "date": "26/04/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-915252.json", "html_url": "/legal/doc/nexus-sen-1-0007-915252", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-915252" }, { "id": "nexus-sen-1-0007-915693", "citation": "Res. 07690-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rural aqueduct contamination by bromacil: state duty to remediate", "title_es": "Contaminación de acueductos rurales por bromacil: deber estatal de saneamiento", "summary_en": "The Constitutional Chamber reviews an amparo filed by the rural aqueduct association (ASADA) of Veracruz de San Carlos against several state agencies. Since 2016, its seven water springs were closed due to high levels of bromacil, a herbicide used in nearby pineapple farms, and the authorities have not implemented definitive remediation solutions. Although the contaminated water supply was suspended, an inter-institutional commission was created, and the use of bromacil was banned as of 2017, the necessary actions to eliminate the contamination and recover the sources have not been carried out. The measures adopted so far are merely palliative. The Court finds that the respondent authorities have violated the rights to health and a healthy environment, disregarding the principles of prevention and precaution. It therefore grants the amparo and orders the defendant institutions to immediately begin the process of remediation and elimination of pesticide residues from the water sources, under a unified plan coordinated by the Ministry of Health, within a maximum period of six months.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "03/05/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-915693.json", "html_url": "/legal/doc/nexus-sen-1-0007-915693", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-915693" }, { "id": "nexus-sen-1-0007-917377", "citation": "Res. 09493-2016 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration to the Legislative Assembly to remedy omission in Article 28 of the Forestry Law", "title_es": "Reiteración a la Asamblea Legislativa de subsanar omisión en artículo 28 de la Ley Forestal", "summary_en": "The Constitutional Chamber addressed a disobedience claim against the Legislative Assembly for failing to comply with ruling 2007-003923, which declared a relative unconstitutional omission in Article 28 of the Forestry Law due to the absence of precautionary measures to ensure environmental protection. The Chamber reiterates the order to the new legislative president to enact such measures, noting that more than nine years have passed without remedying the normative gap, despite two failed legislative bills. The ruling discusses the nature of unconstitutionality judgments and the lack of a concrete deadline, but the majority holds that the Assembly is obliged to comply within a reasonable time, without coercion, based on its constitutional duty to protect the environment and the principle of constitutional supremacy.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "08/07/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0007-917377.json", "html_url": "/legal/doc/nexus-sen-1-0007-917377", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-917377" }, { "id": "nexus-sen-1-0007-91751", "citation": "Res. 02233-1993 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Protection of Forest Resources and Requirement of Management Plans for Permits in Reserves", "title_es": "Protección del recurso forestal y exigencia de planes de manejo para permisos en reservas", "summary_en": "The Constitutional Chamber annuls a permit granted by the Ministry of Natural Resources to build a road inside the Golfo Dulce Forest Reserve, finding it was issued without the Management Plan required by the Forestry Law. The petitioner alleged excessive logging and damage to his property, but the court focuses on the violation of the principle of legality and the right to a healthy environment, grounded in Articles 6, 69 and 89 of the Constitution. The Chamber holds that management plans are essential technical instruments for achieving environmental protection and rational resource exploitation, and their omission renders the administrative act void. It also orders certification of records for potential criminal investigation and condemns the State to pay costs, damages, and losses, without prejudice to good-faith rights already acquired by third parties.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "28/05/1993", "year": "1993", "json_url": "/data/legal/docs/nexus-sen-1-0007-91751.json", "html_url": "/legal/doc/nexus-sen-1-0007-91751", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-91751" }, { "id": "nexus-sen-1-0007-918603", "citation": "Res. 08680-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo on aerial spraying of mancozeb and health of pregnant women in Matina", "title_es": "Amparo sobre fumigación aérea con mancozeb y salud de embarazadas en Matina", "summary_en": "The Constitutional Chamber rejects an amparo filed by the president of a development association against the Ministry of Health and the Ministry of Agriculture. The petitioner alleged that the authorities failed to address her requests to review Executive Decree 34202, which reduced buffer zones for aerial spraying, and to identify the agrochemicals used in Matina and their health effects, citing IRET-UNA studies showing elevated ETU levels in pregnant women. The court finds that the Ministry of Health did respond and that the Ministry of Agriculture did not receive the request. On the merits, it refers to ruling 2017-18360, which dismissed the constitutional challenge to the decree, holding that the regulation is not unconstitutional provided strict oversight is enforced. The Chamber declines to review the scientific methodology of the studies, stating that such debate belongs in the ordinary jurisdiction. The amparo is denied.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "17/05/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-918603.json", "html_url": "/legal/doc/nexus-sen-1-0007-918603", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-918603" }, { "id": "nexus-sen-1-0007-918703", "citation": "Res. 09036-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Correction of clerical error in amparo judgment", "title_es": "Corrección de error material en sentencia de amparo", "summary_en": "The Constitutional Chamber corrects a clerical error ex officio in the heading of its previous judgment No. 2019-02819, where the name of the petitioner and the respondent authority were incorrectly recorded. The amparo action was filed by Fernando Rottier Salguero, on his own behalf and that of Leisure Relax Unlimited S.A., against the Municipality of Garabito, not the third parties that erroneously appeared. The correction is based on Article 12 of the Constitutional Jurisdiction Law, which allows judgments to be clarified or supplemented as necessary to give full effect to the ruling. The Chamber clarifies that the amendment affects only the heading, leaving the rest of the decision unchanged. Additionally, the parties are warned to retrieve any physical documents or electronic devices within thirty working days, under penalty of destruction.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "21/05/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-918703.json", "html_url": "/legal/doc/nexus-sen-1-0007-918703", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-918703" }, { "id": "nexus-sen-1-0007-918961", "citation": "Res. 09221-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Rejection of unconstitutionality of “permanentes” in Art. 33(a) of the Forestry Law", "title_es": "Rechazo de inconstitucionalidad de «permanentes» en Art. 33(a) de la Ley Forestal", "summary_en": "The Constitutional Chamber rejects a claim of unconstitutionality against the word “permanentes” in Article 33(a) of the Forestry Law. The petitioners argued that distinguishing permanent from intermittent water sources allows reducing protection areas from 100 meters to 50 or 60 meters when a source ceases to be permanent, violating the principles of non-regression, objectification of environmental protection, precaution, forest irreducibility, environmental compensation, and Articles 50 and 89 of the Constitution. The Chamber dismisses all arguments. It holds that all water sources receive some protection based on technical criteria, not arbitrariness. Determining whether a source is permanent or intermittent is a technical administrative decision; different regulations reflect real differences between types. Changing a source’s classification does not mean absolute loss of protection or regression, but a scientifically grounded adjustment. Moreover, the petitioners confuse protection zones with protected wilderness areas that are part of the nation’s natural heritage, and their argument focuses on a specific case, not the norm’s general application. The Chamber finds no constitutional defect in the provision.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "22/05/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-918961.json", "html_url": "/legal/doc/nexus-sen-1-0007-918961", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-918961" }, { "id": "nexus-sen-1-0007-919766", "citation": "Res. 09734-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "ASADA access to spring on private property for community water system maintenance", "title_es": "Acceso de ASADA a naciente en propiedad privada para mantenimiento del acueducto comunal", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by members of the ASADA of Concepción and Los Negritos de Aguas Zarcas against the owners of a property where the spring supplying drinking water to approximately 1,165 people is located. The owners installed a gate and a livestock fence that prevented ASADA personnel from accessing the site for cleaning and maintenance. The Chamber partially granted the appeal, ordering the owners to immediately allow ASADA workers access and to refrain from any obstructive measures. It held that, although the respondents are private individuals, they were in a position of power against which ordinary judicial remedies were insufficient, and that preventing maintenance of the sole drinking water source violated the communities' right to water. The appeal against MINAE, SINAC, and other public agencies was dismissed, as the Chamber found they had acted diligently.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "31/05/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-919766.json", "html_url": "/legal/doc/nexus-sen-1-0007-919766", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-919766" }, { "id": "nexus-sen-1-0007-920460", "citation": "Res. 09778-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative precautionary measure in Térraba Sierpe National Wetland", "title_es": "Medida cautelar administrativa en el Humedal Nacional Térraba Sierpe", "summary_en": "The Constitutional Chamber heard an amparo filed by Douglas Ríos Coronado on behalf of Everardo Cortés Rodríguez against the Osa Conservation Area System. The petitioner challenged a precautionary measure ordering him not to plant rice within the limits of the Térraba Sierpe National Wetland, alleging it lacked proper reasoning and failed to indicate available remedies. The Chamber verified that the administration issued the measure without listing the remedies or deadlines for challenge, but found that this defect was remedied by a subsequent resolution that fully granted the appeal filed by the affected party. Regarding the request to declare the act void for insufficient reasoning, the Court declined to rule, noting that it is neither a legality controller nor a reviewing body for administrative decisions, and that such matters must be addressed through ordinary channels. The appeal was therefore dismissed.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "31/05/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-920460.json", "html_url": "/legal/doc/nexus-sen-1-0007-920460", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-920460" }, { "id": "nexus-sen-1-0007-923008", "citation": "Res. 11203-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo against environmental viability of Vista Islas project and unattended environmental complaint", "title_es": "Amparo contra viabilidad ambiental del proyecto Vista Islas y denuncia ambiental no atendida", "summary_en": "The Constitutional Chamber reviews an amparo filed by Fundación Corcovado against ACOPAC and SETENA, challenging the 2017 environmental viability permit for the “Vista Islas” real estate project in Manuel Antonio. The claimant argues that in 2002, SETENA had imposed strict conditions on a similar project on the same land, whereas ACOPAC’s technical criteria shifted without justification to favor approval in 2017. It also alleges that an environmental complaint filed by neighbors in 2018 received no response. The Chamber finds that SETENA did resolve the complaint (rejecting it), and that substantive disputes over the environmental permit must be litigated before the administrative contentious jurisdiction, not in amparo. However, it finds that SINAC failed to adequately investigate the reported environmental risks. It partially grants the remedy, ordering SINAC to verify within one month whether a new criminal complaint should be filed or protective measures adopted.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "21/06/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-923008.json", "html_url": "/legal/doc/nexus-sen-1-0007-923008", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-923008" }, { "id": "nexus-sen-1-0007-924047", "citation": "Res. 01079-2018 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-Evacuation of Consultation on Integrated Water Resource Management Law", "title_es": "Inevacuabilidad de consulta sobre Ley de Gestión Integrada del Recurso Hídrico", "summary_en": "The Constitutional Chamber declares the facultative legislative consultation on the Integrated Water Resource Management Law bill (file 17.742) – promoted by popular initiative – non-evacuable. The majority holds the bill constitutionally non-viable due to expiration of the peremptory two-year deadline set by Article 123 of the Constitution and the Popular Initiative Law, since the bill was not put to an immediate definitive vote as required. The Legislative Assembly is found to have disregarded that deadline and continued with an ordinary proceeding, including substantive motions and procedural waivers, thereby distorting the citizen initiative. The dissenting vote of Justice Hernández López considers that the expiration of the deadline does not bar the bill’s progress and, upon reviewing the merits, finds only the proposed amendment to Articles 33 and 34 of the Forestry Law (Article 126(7) of the bill) unconstitutional for violating the principle of non-regression in environmental matters. Additional arguments on procedural flaws and the principle of connection are also presented.", "primary_topic_id": null, "topic_ids": [], "date": "24/01/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0007-924047.json", "html_url": "/legal/doc/nexus-sen-1-0007-924047", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-924047" }, { "id": "nexus-sen-1-0007-924860", "citation": "Res. 12312-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Stand by previous ruling: remediation of bromacil-contaminated springs ordered in prior decision", "title_es": "Estese a lo resuelto: medidas de saneamiento de nacientes contaminadas por bromacil ordenadas en sentencia previa", "summary_en": "The Constitutional Chamber reviews an amparo filed by a community water board (ASADA) representative from Pital de San Carlos against several government agencies for their alleged failure to protect water resources from contamination with bromacil and oxamil, agrochemicals used in pineapple farming. Although studies by the CICA-UCR confirmed contamination since at least 2016, the authorities acted inadequately: the Ministry of Health closed affected springs, the Plant Health Service (SFE) and Ministry of Agriculture (MAG) issued bans, and the Water and Sewerage Institute (AyA) provided temporary support, but no effective remediation was undertaken and the court-ordered hydrogeological study was not completed. The Chamber determines that this same issue was already addressed and decided in ruling 2019-007690 of 3 May 2019, which granted a similar amparo and ordered, among other measures, a unified remediation plan within six months, under penalty of disobedience. Since the deadline has not expired and there are no grounds to change the criterion, the Chamber holds that the petitioner must abide by that prior ruling, without prejudice to the authorities' continued execution of ordered measures to eliminate pesticide residues, maintain drinking water supply, and if necessary, prohibit agrochemical use or shut down offending operations.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "05/07/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-924860.json", "html_url": "/legal/doc/nexus-sen-1-0007-924860", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-924860" }, { "id": "nexus-sen-1-0007-925435", "citation": "Res. 12351-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Suspension of administrative eviction for failure to notify all occupants", "title_es": "Suspensión de desalojo administrativo por falta de notificación a todos los ocupantes", "summary_en": "The Constitutional Court reviewed an amparo petition filed by a woman living with her family on a lot in Alajuelita, against the Ministry of Public Security. The petitioner alleged that they had been notified to vacate the property within one month but lacked resources to do so and requested more time. During the proceedings, it was established that the administrative eviction order was not executed because when police arrived at the site, they found over sixty informal dwellings, not a single construction. The police authorities confirmed that not all occupants had been notified of the eviction order, in violation of due process. Consequently, they suspended the eviction and conducted a census to determine the number of affected persons, including minors and elderly adults. The Court dismissed the amparo, as the underlying facts had already been analyzed in a prior ruling (No. 2019-011374) and the irregular situation had been rectified without judicial intervention. The petitioner was ordered to abide by that ruling, and the request for an extension of time was denied as it was beyond the Court's jurisdiction.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "05/07/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-925435.json", "html_url": "/legal/doc/nexus-sen-1-0007-925435", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-925435" }, { "id": "nexus-sen-1-0007-92711", "citation": "Res. 03705-1993 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Definition of the right to a healthy environment and closure of the dump in La Caraña creek", "title_es": "Definición del derecho al ambiente y cierre de botadero en quebrada La Caraña", "summary_en": "The Constitutional Chamber heard an amparo action filed by a minor against the Municipality of Santa Ana and the Ministry of Health for using the La Uruca creek as a garbage dump, polluting the environment and affecting the community's health. In its ruling, the Chamber developed an extensive constitutional framework for the right to a healthy environment, defining key concepts such as environment, ecosystem, pollution, and sustainable development. It held that the right to a healthy environment is a fundamental right derived from Article 21 (right to life) and Article 50 (ecologically balanced environment) of the Constitution, and that its protection is exercised through diffuse interests, granting broad procedural standing, even to minors. The Chamber found that the problem persisted despite prior orders in decisions 1580-91 and 2728-91, evidencing disobedience and negligence by the respondent authorities. It declared the appeal with merit, ordered the immediate closure of the municipal dump adjacent to the Caraña creek, ordered the Municipality of Santa Ana and the State to pay costs and damages, and ordered the initiation of criminal proceedings against the responsible officials for disobedience under Article 72 of the Constitutional Jurisdiction Law.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "30/07/1993", "year": "1993", "json_url": "/data/legal/docs/nexus-sen-1-0007-92711.json", "html_url": "/legal/doc/nexus-sen-1-0007-92711", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-92711" }, { "id": "nexus-sen-1-0007-932285", "citation": "Res. 15743-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Labor relocation amparo in prison facility", "title_es": "Amparo por reubicación laboral en centro penitenciario", "summary_en": "The Constitutional Chamber examined an amparo filed by a group of inmates challenging their transfer to a new work module in the Jorge Arturo Montero Castro prison. They alleged the space was unsuitable and they were threatened with revocation of work permits if they refused. After reviewing reports from prison authorities, the Chamber confirmed the space complied with the Urban Code, the transfer was voluntary, and those who declined were offered alternative work placements to safeguard their right to work. It found no violation of fundamental rights, denied the appeal, and noted that any remaining disagreement could be raised before the Sentence Enforcement Court.", "primary_topic_id": null, "topic_ids": [], "date": "23/08/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-932285.json", "html_url": "/legal/doc/nexus-sen-1-0007-932285", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-932285" }, { "id": "nexus-sen-1-0007-933193", "citation": "Res. 91839-2018 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Prior Indigenous Consultation for Water Use in State Natural Heritage", "title_es": "Consulta indígena previa para aprovechamiento de agua en patrimonio natural del Estado", "summary_en": "The Constitutional Chamber admits for processing an unconstitutionality claim filed by two indigenous citizens against Law No. 9590, which authorizes water extraction for human consumption and ancillary works in State natural heritage areas. The plaintiffs argue that the law permits land-use changes in protected areas without proper technical studies, omits strategic environmental impact assessment, and excludes various categories of protected wilderness areas from the application of Article 38 of the Environmental Organic Law. They also contend that prior consultation with potentially affected indigenous peoples was not conducted, in violation of ILO Convention 169. The Chamber finds that the claim meets legal requirements, grants a hearing to the parties, and orders publication of notices to allow interested parties to appear, without suspending the general validity of the norm.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "environmental-law-7554" ], "date": "04/10/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0007-933193.json", "html_url": "/legal/doc/nexus-sen-1-0007-933193", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-933193" }, { "id": "nexus-sen-1-0007-936552", "citation": "Res. 01220-2002 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Blanket exclusion of EIA for urban projects under local zoning plan is unconstitutional", "title_es": "Exclusión genérica de EIA para proyectos urbanísticos bajo plan regulador es inconstitucional", "summary_en": "The Constitutional Chamber struck down, on unconstitutionality grounds, the amendment to the SETENA Procedures Regulation (Executive Decree 26,228‑MINAE) that exempted from the obligation to submit a Preliminary Environmental Assessment Form (FEAP) —and thus from any environmental impact assessment— urban projects and housing developments located in territories with a regional plan (scale ≤1:50,000) and a current cantonal zoning plan, as well as those with a total property area of ten thousand square meters or less. The Court found that such blanket exemptions, lacking any technical justification, exceed regulatory power and hollow out the constitutional guarantee of Article 50, which requires environmental oversight for every human activity capable of altering the environment. By connection, the original Article 20 of the same regulation, which established similar exclusion scenarios, was also annulled. The Chamber emphasized that the obligation to assess arises from the specific nature of each project, not from abstract regulatory categories. With respect to the challenged public road dimensions in the Subdivision Regulation, the action was rejected, as the provisions were deemed to follow urban planning criteria and did not violate the rights to health or the environment.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554", "subdivision-fraccionamiento" ], "date": "06/02/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0007-936552.json", "html_url": "/legal/doc/nexus-sen-1-0007-936552", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-936552" }, { "id": "nexus-sen-1-0007-938352", "citation": "Res. 17446-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "INDER delay in delivering title deed to elderly possessor of agrarian plot", "title_es": "Dilación del INDER en entrega de escritura a adulto mayor poseedor de parcela agraria", "summary_en": "The Constitutional Chamber hears an amparo action filed by an elderly person who alleges excessive delay by the Rural Development Institute (INDER) in delivering the title deed for plot No. 72 in the Valle Verde rural settlement in Upala, which he has possessed for over two decades. The petitioner sought regularization of his tenure two years ago, and although INDER's Board of Directors approved the transfer in January 2019 and scheduled the signing for April, it did not materialize because the institutional notary raised doubts about the procedure. The Chamber finds that, despite full administrative approval and instructions to the notary, nearly eight months have passed without completion. It holds that the delay is unreasonable and disproportionate, violating the petitioner's fundamental rights, especially the right to prompt and complete justice under Article 41 of the Constitution. Consequently, it grants the amparo, orders INDER to immediately complete the necessary steps for the deed to be signed within 15 days, and awards costs, damages and losses against the institute.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "13/09/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-938352.json", "html_url": "/legal/doc/nexus-sen-1-0007-938352", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-938352" }, { "id": "nexus-sen-1-0007-940675", "citation": "Res. 18986-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reiteration of prison amparo denied", "title_es": "Reiteración de amparo penitenciario declarado sin lugar", "summary_en": "The Constitutional Chamber hears an amparo filed by inmates of the Jorge Arturo Montero Castro Institutional Care Center against relocation to a new module (B-8), alleging inadequate conditions. However, the Chamber finds that the same allegations were already resolved by a prior ruling (2019-015743), which denied the amparo on the grounds that the space complies with the Urban Code, that the transfers were mostly voluntary, and that any discontent should be addressed to the Sentence Enforcement Judge. Consequently, the Chamber orders adherence to that prior ruling.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/10/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-940675.json", "html_url": "/legal/doc/nexus-sen-1-0007-940675", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-940675" }, { "id": "nexus-sen-1-0007-943553", "citation": "Res. 16271-2017 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Judicial consultation on alternative measures in environmental crimes", "title_es": "Consulta judicial facultativa sobre medidas alternas en delitos ambientales", "summary_en": "The Constitutional Chamber dismisses a judicial consultation filed by the Flagrancy Court of the Southern Zone. The consultation questioned the constitutionality of the State's and the Attorney General's denial of an alternative measure (suspension of the trial process) for low-income defendants accused of invading a conservation area in Corcovado National Park. The Chamber holds that the consultation does not meet the legal requirements, as it does not concern the constitutionality of a specific norm or act to be applied by the judge, but rather raises doubts about the interpretation and application of procedural norms and the parties' conduct. It reaffirms the doctrine from Ruling 6350-2011: the Attorney General must justify its refusal of alternative measures based on suitability, necessity, and proportionality criteria. The consultation is declared inadmissible.", "primary_topic_id": null, "topic_ids": [], "date": "11/10/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0007-943553.json", "html_url": "/legal/doc/nexus-sen-1-0007-943553", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-943553" }, { "id": "nexus-sen-1-0007-944283", "citation": "Res. 17952-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Disproportionate use of Marshall restraints during aerial transport of pregnant detainee", "title_es": "Uso desproporcionado de esposas Marshall en traslado aéreo de mujer embarazada", "summary_en": "The Constitutional Chamber ruled on a habeas corpus petition filed on behalf of a woman detained on drug trafficking charges and held in pretrial detention. The petitioner alleged that Marshall-style restraints were placed on her abdomen and hands, she was transported by air without prior medical consultation despite being five months pregnant, a video of the transport was disseminated, and an erroneous date was set for her investigative statement, impairing her defense. The majority of the court dismissed the petition, finding the detention lawful, no health impairment per medical reports, and the date error corrected. However, Judge Monge Pizarro issued a partially dissenting opinion, holding that the use of restraints was disproportionate and unnecessary, violating human dignity and physical integrity given the detainee's pregnancy and lack of reasonable justification.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/09/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-944283.json", "html_url": "/legal/doc/nexus-sen-1-0007-944283", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-944283" }, { "id": "nexus-sen-1-0007-947013", "citation": "Res. 16792-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Environmental viability for timber harvesting in protected areas", "title_es": "Viabilidad ambiental para aprovechamiento maderable en áreas protegidas", "summary_en": "The Constitutional Chamber analyzed the unconstitutionality action against Article 5(3) of SETENA resolutions 2373-2016 and 1909-2017, which exempted timber harvesting in forest plantations, agroforestry systems, individually planted trees, and trees on non-forest agricultural land from environmental viability requirements. The plaintiff argued this exemption allowed logging on private lands within protected wild areas without sufficient environmental control, violating the precautionary principle, principle of non-reduction of forests, and non-regression. The Chamber dismissed the action but issued an interpretative judgment: the exemption only applies to very low environmental impact activities and cannot extend to timber exploitation permits in protective zones, forest reserves, and wildlife refuges where higher regulations require environmental viability. Thus, the resolutions remain valid, conditioned on respecting environmental impact studies when mandated by law.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "04/09/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-947013.json", "html_url": "/legal/doc/nexus-sen-1-0007-947013", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-947013" }, { "id": "nexus-sen-1-0007-947034", "citation": "Res. 17397-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Water extraction in natural heritage without indigenous consultation", "title_es": "Aprovechamiento de agua en patrimonio natural sin consulta indígena", "summary_en": "This key ruling by the Constitutional Chamber addresses a constitutional challenge against Law No. 9590, which authorizes the extraction of water for human consumption in the State's Natural Heritage areas. The plaintiffs, Brunca and Bribrí indigenous persons, alleged violations of the right to a healthy environment, the principle of science-based environmental protection, and the duty of prior consultation with indigenous peoples. The Court partially upheld the action, striking down only the phrase \"authorization before Minae shall not be necessary\" from article 2 of the law, finding that exempting certain service providers from the Environment Ministry's authorization threatened the right to a healthy environment. It dismissed the remaining claims, holding that the law provides sufficient technical and environmental controls on a case-by-case basis, and that indigenous consultation is required not at the legislative stage but during the execution of specific projects affecting indigenous territories. The Chamber reaffirmed the State's duty to conduct environmental impact assessments, the precautionary principle, and the principle of non-regression in environmental matters.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "art-50-constitution", "indigenous-law-6172" ], "date": "11/09/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-947034.json", "html_url": "/legal/doc/nexus-sen-1-0007-947034", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-947034" }, { "id": "nexus-sen-1-0007-947079", "citation": "Res. 12745-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reduction of Gandoca-Manzanillo Refuge by Law 9223", "title_es": "Reducción del Refugio Gandoca-Manzanillo por Ley 9223", "summary_en": "The Constitutional Chamber partially struck down Law No. 9223 'Recognition of the Rights of the Inhabitants of the South Caribbean,' which redefined the boundaries of the Gandoca-Manzanillo National Wildlife Refuge. The Chamber found that while the law aimed to correct a historical error and recognize community rights, the removal of approximately 188 hectares of forested area lacked sufficient technical studies and did not include compensation measures. The annulment was limited to the forested zone, preserving the exclusion of urban settlements occupied by original inhabitants. The court ordered SINAC to demarcate the forested area and, together with the State Attorney, take legal action to defend public property if the lands are public domain. The Chamber applied the in dubio pro natura principle due to uncertainty over the legal status of the excluded lands.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "art-50-constitution" ], "date": "10/07/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-947079.json", "html_url": "/legal/doc/nexus-sen-1-0007-947079", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-947079" }, { "id": "nexus-sen-1-0007-948404", "citation": "Res. 22684-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Administrative detention of a foreigner for immigration irregularity and claim of being a trafficking victim", "title_es": "Aprehensión administrativa de extranjero por irregularidad migratoria y alegato de víctima de trata de personas", "summary_en": "The Constitutional Chamber reviewed a habeas corpus petition filed on behalf of a Chinese citizen detained by the Immigration Police since May 2019 for irregular stay and use of a false visa. The petitioner argued that the detainee had been held for five months, was a victim of human trafficking, and that the Chinese Consulate had not issued travel documents, requesting a change in the precautionary measure. The Chamber found that immigration authorities had properly justified the administrative detention and extended it within legal timeframes. Moreover, after the detainee claimed to be a trafficking victim, authorities activated the relevant protocols, involving the Trafficking and Illicit Migrant Smuggling Prosecutor's Office (FACTRA), which dismissed the case due to inconsistencies in the account and lack of objective indicators. The Chamber concluded that no fundamental rights were violated, the request to change the measure was reasonably resolved, and the delay in consular documentation was attributable to the Chinese Consulate, not the immigration authority. The petition was denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/11/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-948404.json", "html_url": "/legal/doc/nexus-sen-1-0007-948404", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-948404" }, { "id": "nexus-sen-1-0007-948712", "citation": "Res. 21889-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Amparo for illegal constructions in protected zone Cerro de la Carpintera", "title_es": "Amparo por construcciones ilegales en zona protectora Cerro de la Carpintera", "summary_en": "The Constitutional Chamber granted an amparo filed by residents of La Unión canton against the Municipality of La Unión. The residents reported illegal housing construction in the Cerros de la Carpintera, a protected zone established by executive decree with an inter-institutional management plan. The constructions lacked municipal permits, did not meet engineering standards, damaged the environment, and posed landslide risks according to the National Emergency Commission. The Chamber found that the municipality had failed to respond to the complaints or take effective measures to address the situation, despite having been aware of the illegal constructions since 2014 and prior court rulings ordering demolition. The municipal omission violated the rights to prompt administrative justice, a healthy environment, and physical integrity. The Chamber ordered the municipality to answer the complaints, verify all illegal constructions in the area, initiate or continue procedures to bring them into compliance, and finalize required technical studies.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/11/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-948712.json", "html_url": "/legal/doc/nexus-sen-1-0007-948712", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-948712" }, { "id": "nexus-sen-1-0007-948932", "citation": "Res. 16793-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Reduction of protected zone requires law and technical studies", "title_es": "Reducción de zona protectora solo por ley y con estudios técnicos", "summary_en": "The Constitutional Chamber reviewed the unconstitutionality claim against Executive Decree No. 29278-MINAE, which modified the boundaries of the Cerro de la Carpintera Protected Zone. The decree both reduced the protected area by excluding lands with productive value and expanded it elsewhere. The Chamber held that under Article 38 of the Organic Environmental Law and its own consistent case law, any reduction of a protected wild area must be done by formal law (not executive decree) and only after prior technical studies justify the measure. Because the reduction was made by decree without proper technical support, it violates both the legal reserve principle and the constitutional right to a healthy, ecologically balanced environment. The Chamber therefore partially granted the action, annulling only the reduction while leaving the expansion in force, and ordered SINAC to demarcate the expanded area within 12 months.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "04/09/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-948932.json", "html_url": "/legal/doc/nexus-sen-1-0007-948932", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-948932" }, { "id": "nexus-sen-1-0007-95161", "citation": "Res. 01763-1994 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Annulment of IDA land allocations in Tivives Protected Zone", "title_es": "Declaratoria de nulidad de adjudicaciones del IDA en la Zona Protectora Tivives", "summary_en": "The Constitutional Chamber granted an amparo action against the Agrarian Development Institute (IDA), annulling all land parcel allocations made within the Tivives Protected Zone between May 1986 and April 1994. The petitioners argued that, upon the creation of the protected zone by Executive Decree 17023-MAG, the lands of the Salinas II farm automatically became part of the State’s forest heritage under Articles 32 and 34 of the Forestry Law, thus barring IDA from disposing of them. The Chamber upheld this argument, ruling that incorporation into the State forest heritage is automatic and immediate for all public-entity lands declared of forest aptitude, without prior compensation. All allocations after that date are null and void. The respondent authorities were ordered to pay damages and costs, while preserving the rights of beneficiaries whose allocations predate the decree.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "13/04/1994", "year": "1994", "json_url": "/data/legal/docs/nexus-sen-1-0007-95161.json", "html_url": "/legal/doc/nexus-sen-1-0007-95161", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-95161" }, { "id": "nexus-sen-1-0007-951854", "citation": "Res. 23112-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Legal queries to Procuraduría are not pure petitions nor access to information", "title_es": "Consultas jurídicas a la Procuraduría no son peticiones puras ni acceso a la información", "summary_en": "The Constitutional Court dismissed an amparo filed by a congresswoman against the Attorney General's Office (Procuraduría General de la República) for failing to respond to a legal query. The court found that the request was not a pure and simple petition for information covered by Articles 27 and 30 of the Constitution, but rather a technical-legal consultation requiring complex legal analysis. Reiterating its consistent case law, the Court clarified that requests for legal opinions are not protected by the right to petition or the right to access information, as they do not seek public records but a legal assessment. It also stressed that, although the Procuraduría had eventually responded with legal opinion OJ-128-2019, its advisory function is legally limited to the Public Administration, and there is no constitutional duty to answer queries from legislators or individuals. The appeal was dismissed because no fundamental rights were violated.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/11/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-951854.json", "html_url": "/legal/doc/nexus-sen-1-0007-951854", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-951854" }, { "id": "nexus-sen-1-0007-956698", "citation": "Res. 00007-2020 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Non-compliance with order to appoint teacher and build school infrastructure", "title_es": "Incumplimiento de orden de nombramiento docente y construcción de infraestructura escolar", "summary_en": "The Constitutional Chamber reviewed a contempt proceeding filed by a group of petitioners against officials of the Ministry of Public Education for non-compliance with judgment 2018-012839. That earlier ruling had ordered the appointment of a teacher and the initiation of procedures to build new infrastructure at La Katira School. In this new resolution, the Chamber found that the appointment order was complied with, but the construction of classrooms has not been completed more than a year after the judgment, with the request for budget allocation made only in October 2019. Consequently, it reiterates the duty to comply with the order, warning the Director of Infrastructure and Equipment of possible administrative proceedings for failure to comply.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/01/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0007-956698.json", "html_url": "/legal/doc/nexus-sen-1-0007-956698", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-956698" }, { "id": "nexus-sen-1-0007-968221", "citation": "Res. 06275-2020 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Bromacil contamination in Aguas Zarcas water sources requires remedial plan", "title_es": "Contaminación por bromacil en fuentes de agua de Aguas Zarcas obliga a plan remedial", "summary_en": "The Constitutional Chamber grants an amparo action regarding the contamination with bromacil —a pesticide banned since 2017— of water sources that supply the communities of Los Llanos and Santa Fe in Aguas Zarcas, San Carlos. Although state institutions had implemented a 'Single Attention Plan' and closed the contaminated well, the Chamber finds that actions have been insufficient, as a March 2020 sample revealed that bromacil still exceeded maximum permissible levels. The ruling reaffirms the State's duty to act preventively to protect health and the environment, and orders the Ministries of Health, Environment, and Agriculture, the State Phytosanitary Service, and AyA to continue the cleanup and eliminate pesticide residues. It also orders the creation of a single remedial plan within a maximum of six months, under penalty of disobedience. The State and AyA are ordered to pay costs, damages, and losses.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "27/03/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0007-968221.json", "html_url": "/legal/doc/nexus-sen-1-0007-968221", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-968221" }, { "id": "nexus-sen-1-0007-969778", "citation": "Res. 24513-2019 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Banning neonicotinoid use to protect bees", "title_es": "Prohibición del uso de neonicotinoides para proteger abejas", "summary_en": "The Constitutional Chamber heard an amparo filed by a congressman against the Ministry of Agriculture (MAG) for failing to ban neonicotinoid agrochemicals. The petitioner argued these pesticides are highly dangerous to bees and threaten food security and biodiversity. The Chamber requested expert reports from the University of Costa Rica and the Technological Institute of Costa Rica, which confirmed risks to pollinators and potential human health effects. MAG claimed there was no scientific certainty of harm in Costa Rica, but the Chamber held that the precautionary principle required action. The amparo was granted, ordering MAG to prepare, within one year, a scientific study on the effects of neonicotinoids on health, biodiversity, and the environment, and, if serious risks or harm are found, to adopt appropriate measures to protect those constitutional assets.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "art-50-constitution", "procedural-environmental" ], "date": "06/12/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0007-969778.json", "html_url": "/legal/doc/nexus-sen-1-0007-969778", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-969778" }, { "id": "nexus-sen-1-0007-973344", "citation": "Res. 08489-2020 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Habeas corpus for excessive detention and prison conditions", "title_es": "Hábeas corpus por plazo excesivo de detención y condiciones carcelarias", "summary_en": "The Constitutional Chamber reviewed a habeas corpus petition filed on behalf of two foreign nationals detained for violation of the Psychotropic Substances Law. The petitioners claimed: 1) excessive pre-judicial detention; 2) lack of reasoning for pretrial detention; 3) prison overcrowding and COVID-19 risk; 4) procedural defects; 5) lack of reasoning for denial of a less restrictive measure; and 6) erroneous classification of the seized substance as marijuana instead of hemp. The Chamber partially granted the petition solely for the illegitimate detention of approximately 46 hours without judicial order, exceeding the constitutional 24-hour limit. It denied the remaining claims, holding that pretrial detention was properly reasoned, penitentiary authorities had adopted COVID-19 measures, and evidentiary and substance-related challenges pertain to the ordinary criminal jurisdiction. Damages were awarded, to be liquidated in administrative proceedings, and authorities were ordered to refrain from similar conduct.", "primary_topic_id": null, "topic_ids": [], "date": "08/05/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0007-973344.json", "html_url": "/legal/doc/nexus-sen-1-0007-973344", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-973344" }, { "id": "nexus-sen-1-0007-985758", "citation": "Res. 13848-2020 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "ASADA Pital vs. Bromacil contamination in water sources", "title_es": "ASADA de Pital vs. contaminación por Bromacil en fuentes de agua", "summary_en": "The Constitutional Chamber dismisses an amparo action filed by the ASADA of Pital de San Carlos against several public authorities (Ministry of Health, MAG, AyA) for alleged omissions in addressing the contamination of its water sources with the herbicide Bromacil. The Chamber finds that, at the time of the ruling, the Pital ASADA sources are free of toxic substances and the population receives a continuous and quality water service. It highlights that Bromacil was banned in 2017 and that a Single Plan for the Northern Zone is underway to address agrochemical pollution in the region. However, the authorities are ordered to conduct quarterly monitoring of all sources and control water sufficiency to guarantee the human right to drinking water.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "24/07/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0007-985758.json", "html_url": "/legal/doc/nexus-sen-1-0007-985758", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-985758" }, { "id": "nexus-sen-1-0007-990571", "citation": "Res. 15574-2020 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Failure to define electric service Hacienda Sierpe", "title_es": "Omisión en definición del servicio eléctrico Hacienda Sierpe", "summary_en": "The Constitutional Chamber reviewed an amparo filed by a resident of Hacienda de Sierpe, Osa, against SINAC and ICE, for the lack of electric service for over 40 years and failure to respond to requests. Although the electrification project was proposed in 2017, its feasibility had not been defined due to uncertainty about the exact geographical location and the legal status of the lands (potential State Natural Heritage). The Chamber held that, while the lack of service might be due to technical criteria, administrative inertia in defining the feasibility of the service does violate fundamental rights. It partially granted the appeal and ordered SINAC and ICE, in coordination with INDER and municipalities, to define within six months the geographic, technical, and legal situation, and within twelve months to execute the project if viable. It also condemned both entities to pay costs, damages, and losses.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "21/08/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0007-990571.json", "html_url": "/legal/doc/nexus-sen-1-0007-990571", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-990571" }, { "id": "nexus-sen-1-0007-99352", "citation": "Res. 07190-1994 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Due Process and Precautionary Measures in the Removal of Bank Directors", "title_es": "Debido proceso y medidas cautelares en la remoción de directivos bancarios", "summary_en": "The Constitutional Chamber reviewed an amparo action filed by members of the Board of Directors of Banco Nacional de Costa Rica, who were suspended by the Government Council following a report from the General Audit of Financial Entities. The court held that the audit report is not a sanctioning procedure itself, but a mere statement of results that can initiate one, provided due process is respected. The temporary suspension was considered a reasonable and proportionate precautionary measure while the investigation proceeds. The Chamber concluded that the Government Council, as the hierarchical authority, is the competent body to conduct the disciplinary procedure and issue the final decision, not the General Audit, whose role is supervisory rather than punitive. The appeal was denied.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "06/12/1994", "year": "1994", "json_url": "/data/legal/docs/nexus-sen-1-0007-99352.json", "html_url": "/legal/doc/nexus-sen-1-0007-99352", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-99352" }, { "id": "nexus-sen-1-0007-996549", "citation": "Res. 13837-2020 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Constitutionality of the Sustainable Shrimp Fishing Bill", "title_es": "Constitucionalidad de la Ley para el aprovechamiento sostenible de la pesca de camarón", "summary_en": "The Constitutional Chamber adjudicates a facultative legislative consultation regarding the bill for the 「Sustainable Use of Shrimp Fishing in Costa Rica」 (legislative file No. 21.478). By majority, the Chamber rules that the bill contains no substantial procedural or substantive defects, provided that the reform to Article 46 of the Fisheries and Aquaculture Law is interpreted as preserving intact the powers of the Ministry of Environment and Energy (MINAE). The majority holds that legislators complied with the requirements set forth in decision 2013-10540 by conditioning the granting of trawl fishing licenses on the completion of technical and scientific studies demonstrating a significant reduction of incidental catch and compatibility with democratic sustainable development. The dissenting vote of three judges, by contrast, finds two substantial procedural defects—violation of the principles of objectivation of environmental protection, democratic sustainable development, publicity, and transparency—and one substantive vice for infringement of the principles of progressivity and non-regression in environmental protection by amending Article 46 of the Fisheries and Aquaculture Law.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "22/07/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0007-996549.json", "html_url": "/legal/doc/nexus-sen-1-0007-996549", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-996549" }, { "id": "nexus-sen-1-0007-998591", "citation": "Res. 13836-2020 Sala Constitucional", "section": "nexus_decisions", "doc_type": "constitutional_decision", "title_en": "Deaffectation of Lomas de Barbudal Biological Reserve and PAACUME Project", "title_es": "Desafectación de la Reserva Biológica Lomas de Barbudal y proyecto PAACUME", "summary_en": "The Constitutional Chamber reviewed a constitutional challenge to Law 9610, which reduced 113 hectares of the Lomas de Barbudal Biological Reserve to allow a reservoir for the PAACUME water supply project and established compensation with adjacent private lands. The majority dismissed the action regarding the right to a healthy environment (Art. 50 of the Constitution), holding that the law is “conditioned” and its effectiveness depends on a future environmental impact study confirming prior results and ensuring environmental protection and ecological compensation. However, three justices dissented and would have struck down the law for violating the precautionary, non-regression, irreductibility, and objectification principles of environmental protection, finding that the OET study was insufficient, no specific technical study justified the need for deaffectation, and the proposed compensation was not evaluated with the required rigor.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "22/07/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0007-998591.json", "html_url": "/legal/doc/nexus-sen-1-0007-998591", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0007-998591" }, { "id": "nexus-sen-1-0031-1190279", "citation": "Res. 03307-2023 Tribunal de la Inspección Judicial", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of Complaint for Jurisdictional Matters", "title_es": "Desestimación de queja por cuestiones jurisdiccionales", "summary_en": "This resolution of the Judicial Inspection Tribunal dismisses and orders the filing of a complaint filed by an external user against the Agrarian Court of Turrialba. The complainant alleged that after being acquitted in an agrarian proceeding, the judge ordered a police eviction from his property, which he considered illegitimate. He also narrated a background of environmental and criminal complaints with neighbors. After investigation, the Investigating Inspector determined that the disagreement focused on the processing and resolution of the judicial case, i.e., strictly jurisdictional matters. The Tribunal bases its decision on the principle of judicial independence, noting that it cannot review or interfere with judges' decisions, as its function is administrative and disciplinary, not jurisdictional. It cites Constitutional Chamber jurisprudence establishing that disagreements with the content of rulings must be addressed through ordinary procedural remedies, not in disciplinary venues. As no objective or subjective elements of a disciplinary offense were found, the dismissal is ordered.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0031-1190279.json", "html_url": "/legal/doc/nexus-sen-1-0031-1190279", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0031-1190279" }, { "id": "nexus-sen-1-0031-1247313", "citation": "Res. 02474-2024 Tribunal de la Inspección Judicial", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of disciplinary proceedings against judicial technician of Golfito Environmental Prosecutor's Office", "title_es": "Declaratoria sin lugar de procedimiento disciplinario contra técnica judicial de la Fiscalía Ambiental de Golfito", "summary_en": "The Judicial Inspection Tribunal reviewed two accumulated disciplinary files against a judicial technician from the Golfito Environmental Prosecutor's Office, accused of irregularities in managing two environmental criminal cases. In the first, it was alleged she called a defense attorney to coordinate an inspection with SINAC and Judicial Power's Planimetry, perceived as pressure for illicit payment. In the second, she was accused of soliciting money from a defendant charged with illegal logging in exchange for making the case disappear and returning a seized chainsaw. After evaluating testimonial and documentary evidence, the Tribunal found no proof of willful misconduct or gross negligence, nor corrupt intent. The call was part of her duties under her superior's orders, and the mention of money could refer to alternative case resolutions like conciliation or integral damage repair allowed by law. Given reasonable doubt, applying the in dubio pro employee principle, the disciplinary proceeding was dismissed.", "primary_topic_id": null, "topic_ids": [], "date": "23/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0031-1247313.json", "html_url": "/legal/doc/nexus-sen-1-0031-1247313", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0031-1247313" }, { "id": "nexus-sen-1-0031-1262646", "citation": "Res. 00848-2024 Consejo Superior Segunda Instancia Procesos Disciplinarios", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Disciplinary sanction against judge for breach of telework contract and undue zonaje payment", "title_es": "Sanción disciplinaria a juez por incumplir contrato de teletrabajo y cobro indebido de zonaje", "summary_en": "This second-instance ruling by the Judicial Branch's Superior Council upholds a two-month suspension without pay imposed on a judge of the Civil and Labor Appeals Court of the Atlantic Zone, Limón. The judge was accused of breaching his telework contract by working under a different modality than agreed (only one in-person day per week instead of four) and of improperly collecting a zonaje allowance while teleworking from his actual residence rather than his accidental domicile. On appeal, the Council rejects the arguments of the defense and the accused, which alleged lack of jurisdiction, inconsistencies, the absence of intent, and disproportionate sanction. The Council holds that it is legally empowered to hear these breaches, that any error in signing the contract does not excuse the conduct, and that the zonaje payment was improper because the judge worked remotely from his home. The majority upholds the classification as a very serious offense, while a dissenting vote proposes reducing it to a minor offense and absolving liability regarding the zonaje.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0031-1262646.json", "html_url": "/legal/doc/nexus-sen-1-0031-1262646", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0031-1262646" }, { "id": "nexus-sen-1-0031-1279053", "citation": "Res. 00099-2025 Tribunal de la Inspección Judicial", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of disciplinary complaint against judges for environmental restoration order", "title_es": "Desestimación de queja disciplinaria contra jueces por orden de restauración ambiental", "summary_en": "The Judicial Inspection Tribunal dismisses the disciplinary complaint filed by an attorney against a criminal judge and a judge of a criminal appellate court. The complaint arose from a criminal case for illegal logging and invasion of a stream protection area, where the judge ordered environmental restoration measures, including the demolition of an illegal construction by the municipality and obligations to refrain from certain acts imposed on the registered owners of the affected properties, who were not defendants. The complainant alleged due process violations and legal error. The Tribunal holds that the challenged actions are purely jurisdictional and that, under the principle of judicial independence, disciplinary proceedings cannot review judges' interpretive criteria or interfere with their decisions, which were upheld on appeal. The file is ordered archived.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "20/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0031-1279053.json", "html_url": "/legal/doc/nexus-sen-1-0031-1279053", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0031-1279053" }, { "id": "nexus-sen-1-0031-1316853", "citation": "Res. 02080-2025 Tribunal de la Inspección Judicial", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of complaint against judge for alleged pressure in municipal session", "title_es": "Desestimación de queja contra juez por presunta presión en sesión municipal", "summary_en": "The Judicial Inspection Tribunal dismisses a disciplinary complaint against a judge. The complainant alleged that the judge used his official capacity to pressure the Dota Municipal Council during a session on April 7, 2025, to force compliance with a ruling from the Environmental Administrative Tribunal. After reviewing the audio recording, the council minutes, and interviewing the municipal president, the Inspection finds no merit to initiate disciplinary proceedings. The judge did not expressly present himself as a judge or utter direct threats; his interventions were made as a private citizen and lawyer, illustrating professional duties. No evidence of intent (dolo) or gross negligence (culpa grave) was found, nor misuse of office for personal advantage. The case is definitively archived.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0031-1316853.json", "html_url": "/legal/doc/nexus-sen-1-0031-1316853", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0031-1316853" }, { "id": "nexus-sen-1-0031-1316998", "citation": "Res. 02534-2025 Tribunal de la Inspección Judicial", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Disciplinary complaint against Osa prosecutors dismissed for lack of evidence", "title_es": "Queja disciplinaria contra fiscales de Osa desestimada por falta de prueba", "summary_en": "The Judicial Inspection Tribunal rules on a dismissal request filed by the Assistant Judicial Inspector in case file 24-000516-1821-DI, stemming from a complaint by Mr. [Nombre 001] against the Osa Prosecutor's Office, Puntarenas. The complainant alleged irregular and arbitrary actions by prosecutors, including lack of objectivity, failure to receive complaints, preferential treatment toward an opposing party ([Nombre 008]), and issuance of a border alert against his son without basis. The investigation found that the alleged disciplinary infractions were not substantiated: no blood, affinity, or friendship relationship between the prosecutors and Mr. [Nombre 008] was proven; no improper entry into offices or differentiated treatment was shown; the complainant's reports were processed or are in prosecutorial archive within legal channels; and it could not be determined that a complaint expansion was improperly rejected. Given the absence of objective and subjective elements constituting a disciplinary offense under Article 211 of the General Public Administration Act and cited constitutional rulings, the complaint is dismissed and the file is ordered archived, in accordance with Articles 174, 175, 176 and 207 of the Judicial Branch Organic Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0031-1316998.json", "html_url": "/legal/doc/nexus-sen-1-0031-1316998", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0031-1316998" }, { "id": "nexus-sen-1-0031-1342029", "citation": "Res. 03248-2025 Tribunal de la Inspección Judicial", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of complaint for delay in agrarian case without gross negligence", "title_es": "Archivo de queja por atraso en expediente agrario sin dolo ni culpa grave", "summary_en": "The resolution addresses a complaint filed by a user against the Civil and Agrarian Court of Turrialba for delay in processing case file 20-000102-1002-AG, an ordinary damages lawsuit involving a water association and potential environmental impacts. The Judicial Inspection Tribunal analyzes whether the delay constitutes a disciplinary offense. It concludes that the court's actions were reasonably adjusted to its workload and the complexities of the case, such as requests for reports from SETENA and the Water Directorate, and that there is no evidence of negligence, disinterest, intent, or gross negligence. Additionally, the complainant expressed satisfaction and requested archiving. The request for dismissal filed by the Assistant Judicial Inspector is granted, ordering the archiving of the disciplinary file, in application of principles of reasonableness and proportionality, and in accordance with articles 192.8 and 199 of the Organic Law of the Judicial Branch and 211.1 of the General Public Administration Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0031-1342029.json", "html_url": "/legal/doc/nexus-sen-1-0031-1342029", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0031-1342029" }, { "id": "nexus-sen-1-0031-1352568", "citation": "Res. 04581-2025 Tribunal de la Inspección Judicial", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of disciplinary complaint on judicial inaction in environmental crimes in the Southern Caribbean", "title_es": "Desestimación de queja disciplinaria sobre inacción judicial en delitos ambientales del Caribe Sur", "summary_en": "The resolution addresses a complaint filed by an environmental defender before the Judicial Inspection against judicial officials for alleged inaction or irregularities in the prosecution of environmental crimes in the Gandoca-Manzanillo National Wildlife Refuge, in connection with Law 9223 and a purported real estate mafia. The complainant demanded various measures, including expanding a criminal case for prevarication, recusing MINAE-SINAC officials, and appointing a special prosecutor for organized crime. However, the Judicial Inspection Court dismisses the complaint and orders its closure, because the complainant, despite being warned to specify whether he intended to file a disciplinary case against any judicial official and to provide details with specific elements of time, place, and manner, did not respond. The lack of basic information made it impossible to conduct the preliminary examination and determine whether a disciplinary offense might exist, in accordance with Article 207 of the Organic Law of the Judiciary.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0031-1352568.json", "html_url": "/legal/doc/nexus-sen-1-0031-1352568", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0031-1352568" }, { "id": "nexus-sen-1-0034-1001947", "citation": "Res. 01027-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of Forested Lands Through Possessory Information Proceedings", "title_es": "Titulación de terrenos boscosos mediante información posesoria", "summary_en": "The Agrarian Tribunal upholds a lower court ruling that granted a possessory information proceeding to title two parcels with forest cover (secondary forest and scrubland) located outside protected wild areas in Playa Camarón, Puntarenas. The State appealed, arguing that forests are public domain, inalienable, and imprescriptible under the Forestry Law, and that possession was not adequately proven. The Tribunal rejects the grievances, holding that Article 7 of the Possessory Information Law—in force and upheld as constitutional by the Constitutional Chamber—expressly permits titling of forested properties outside protected areas if the requirements are met: ten-year possession, protection of the natural resource, and proper demarcation. It finds that this provision removed the public domain character of forests for such cases, and that the petitioners demonstrated an attitude of conservation combined with agricultural production acts, consistent with the sustainable development objectives of Environmental Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "28/10/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-1001947.json", "html_url": "/legal/doc/nexus-sen-1-0034-1001947", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1001947" }, { "id": "nexus-sen-1-0034-1001956", "citation": "Res. 01036-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Secondary forest is not public domain in possessory information proceedings", "title_es": "Bosque secundario no es demanio público en información posesoria", "summary_en": "The Agrarian Court resolved an appeal by the Attorney General's Office against a ruling that approved possessory information proceedings for a 93‑hectare property in San José composed of secondary and primary forest. The State argued that forest lands are public domain and part of the national natural heritage since the 1969 Forestry Law, and therefore cannot be acquired by adverse possession. The Court rejected that argument, holding that secondary forest —defined as successional woody vegetation that develops after the original cover is removed— does not constitute public domain, as it resulted from regeneration promoted by the possessor on what was previously pasture. It reasoned that declaring such forest to be state property would discourage forest regeneration and carbon sequestration, both vital for climate change mitigation. The Court further verified that the property lies outside any protected wild area and that water sources are properly safeguarded. It therefore upheld the registration of the property in favor of the plaintiff company, affirming a decade of public, peaceful, continuous and good-faith possession.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "29/10/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-1001956.json", "html_url": "/legal/doc/nexus-sen-1-0034-1001956", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1001956" }, { "id": "nexus-sen-1-0034-1001964", "citation": "Res. 01044-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of Possessory Information Proceeding on State Opposition for Public Domain Status in Arenal Volcano National Park", "title_es": "Archivo de información posesoria ante oposición estatal por demanialidad en Parque Nacional Volcán Arenal", "summary_en": "The Agrarian Tribunal upholds the dismissal of a possessory information proceeding filed by Dora Cristina Vargas Valverde (case 19-000355-0297-CI) concerning land located within the Arenal Volcano National Park. The decision is based on the substantiated opposition of the Attorney General's Office, arguing that the same property had already been rejected in a prior proceeding (EXPN1) because it is public domain land (demanialidad). The Tribunal holds that the dispute over ownership cannot be resolved in a non-contentious proceeding, as its adversarial nature requires a full declaratory process that produces final and binding material res judicata. A dissenting judge concurs with the dismissal but on different grounds: applying the new Civil Procedure Code (Law 9342), which grants formal res judicata effects to decisions in non-contentious proceedings, thus the State's opposition based on the formal res judicata of the prior proceeding is valid.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "29/10/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-1001964.json", "html_url": "/legal/doc/nexus-sen-1-0034-1001964", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1001964" }, { "id": "nexus-sen-1-0034-1001976", "citation": "Res. 01058-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory Information Denied in Nicoya Peninsula Protected Zone", "title_es": "Improcedencia de información posesoria en la Zona Protectora Península de Nicoya", "summary_en": "The Agrarian Court overturned the lower court decision that had granted possessory information to Ganadera Los Sobrinos S.A. for 91 ha 8500 m² in Vainilla de Paquera, Puntarenas. The court found that the company did not clearly prove the chain of possession, especially the ten-year possession prior to the creation of the Nicoya Peninsula Protected Zone (Executive Decree 22968-MIRENEM of 1994). Witnesses were imprecise about the transferred possession time, and there were discrepancies between the sale deeds (which described 39 ha 8704.46 m²) and the applied area (91 ha 8500 m²). The majority concluded that possession dating back to at least 1984 was not demonstrated, nor was the coincidence between witness and documentary evidence. One judge in a separate note indicated that ecological possession was proven but agreed the increase in area was unjustified; the title was denied.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "30/10/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-1001976.json", "html_url": "/legal/doc/nexus-sen-1-0034-1001976", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1001976" }, { "id": "nexus-sen-1-0034-1005048", "citation": "Res. 00627-2020 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental restitution not orderable without civil action in acquittal", "title_es": "Restitución ambiental no ordenable sin acción civil en sentencia absolutoria", "summary_en": "The Court of Appeal of Criminal Sentences of Cartago, by majority, rejected the appeals filed by the Attorney General's Office and declared the Public Prosecutor's appeal inadmissible. The original acquittal had absolved the defendant of land-use change, invasion of a protection area, and opening of a trail in forest, and denied both the civil compensatory action and the request for restitution of things to their prior state. The majority of the court held that ordering restitution as a civil consequence of a punishable act requires a civil compensatory action, under Article 103 of the Penal Code. Furthermore, since neither criminal nor subjective civil liability of the defendant was proven, the authority to restore the forest lies with the State Forest Administration, which must exercise its administrative powers. The court ordered notification to the Central Pacific Conservation Area for follow-up on the affected area. The dissenting vote argued that restitution may be ordered ex officio without a civil action, and that strict liability applies in environmental matters.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "23/10/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-1005048.json", "html_url": "/legal/doc/nexus-sen-1-0034-1005048", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1005048" }, { "id": "nexus-sen-1-0034-1006170", "citation": "Res. 01189-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict liability for damages caused by herbicide drift", "title_es": "Responsabilidad objetiva por daños causados por deriva de herbicida", "summary_en": "The Agrarian Court partially overturns the first-instance judgment and partially grants the ordinary agrarian claim filed by the owner of a sweet pepper plantation against a neighboring cattle farm corporation. The court finds that the defendant applied the herbicide Pastar (key ingredient 2,4-D) on its property during the first week of October 2018, and that the windy conditions at the time caused the product to drift onto the plaintiff's crop, poisoning and completely destroying 32,000 pepper plants. Based on Articles 2, 98 and 101 of the Organic Environmental Law and Article 32 of the Plant Protection Law, the court applies strict liability for the risk created by hazardous activities and reverses the burden of proof: the plaintiff only had to show damage and a plausible causal link, while the defendant had to prove that it was not the cause. Given the defendant's insufficient evidence, the court awards material damages and lost profits (to be quantified in judgment enforcement), moral damages of ₡300,000, legal interest, and both personal and procedural costs.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779" ], "date": "26/11/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-1006170.json", "html_url": "/legal/doc/nexus-sen-1-0034-1006170", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1006170" }, { "id": "nexus-sen-1-0034-1008106", "citation": "Res. 01205-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inaction as Possession in Forest Lands and Double-Title Conflict", "title_es": "Inacción como posesión en terrenos forestales y conflicto de doble titulación", "summary_en": "The Agrarian Tribunal upholds the judgment that resolved a double-title conflict over a property with forest areas in Guanacaste. The plaintiff —a corporation that owns a hotel— and the defendant —Inversiones [Nombre12] S.A.— held overlapping registered titles. The Tribunal determines that the prevailing title is the older one (from 1991), which is also accompanied by material possession, even though possession consisted of conserving the existing forest resource in the disputed area. The ruling emphasizes that inaction, under Articles 45 and 50 of the Constitution, is a valid form of agrarian possession when it serves environmental protection. The adverse possession defense is rejected because both titles are repeated titles; the overlapping area is ordered restored, cadastral plots are annulled, and costs are imposed on the losing party.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "02/12/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-1008106.json", "html_url": "/legal/doc/nexus-sen-1-0034-1008106", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1008106" }, { "id": "nexus-sen-1-0034-1011848", "citation": "Res. 00062-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction for tree felling in urban area without administrative act", "title_es": "Competencia agraria para derribo de árboles en zona urbana sin acto administrativo", "summary_en": "The Agrarian Court resolved a jurisdictional challenge filed by the Municipality of Heredia in a summary proceeding for the felling of two trees located in the protection zone of the Burío River, within a private urban property. The municipality argued the dispute should be heard by the contentious-administrative jurisdiction because the property was a built lot, not a rustic estate. The Court held that while the property is not agrarian, the subject matter—tree cutting—is governed by Article 108 of the Biodiversity Law, which assigns to the agrarian jurisdiction disputes between private parties over biodiversity where no administrative act or public domain is involved. Since there was no prior administrative act and the trees were not on public land, the Court rejected the challenge, confirmed its jurisdiction, and returned the case to the lower court.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "28/01/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1011848.json", "html_url": "/legal/doc/nexus-sen-1-0034-1011848", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1011848" }, { "id": "nexus-sen-1-0034-1012530", "citation": "Res. 00121-2020 Tribunal Contencioso Administrativo Sección VII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of parcel adjudication containing mangrove in the maritime terrestrial zone", "title_es": "Nulidad de adjudicación de parcela con manglar en la zona marítimo terrestre", "summary_en": "The Administrative Litigation Tribunal upholds the INDER's “lesividad” claim against Quiubra S.A., partially annulling the IDA Board's 2001 decision that adjudicated a parcel from the Coto Brus Titling Program to the defendant. The ruling finds the administrative act absolutely null due to the omission of essential requirements under the Land Titling in National Reserves Law (Law No. 7599): no verification of natural resource conservation, no MINAE pronouncement on whether the property affected conservation areas or formed part of the State's Natural Heritage, and no soil suitability study. Furthermore, evidence showed the parcel includes maritime terrestrial zone areas with ría and mangrove, which are inalienable, imprescriptible public domain assets. Law No. 7599 was declared unconstitutional before the validation period elapsed, rendering the adjudication void. The defenses of prescription and expiration were dismissed because the claim concerns the protection of public domain goods. The Tribunal also ordered partial annulment of the transfer deed and cancellation of the registry entry, but awarded no costs, finding the defendant had grounds to litigate.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "09/11/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-1012530.json", "html_url": "/legal/doc/nexus-sen-1-0034-1012530", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1012530" }, { "id": "nexus-sen-1-0034-1015508", "citation": "Res. 00109-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over removal of urban trees on private property", "title_es": "Competencia agraria para derribo de árboles urbanos en propiedad privada", "summary_en": "The Agrarian Tribunal rejects the objection to jurisdiction filed by the Municipality of Heredia in a summary proceeding where a resident seeks the removal of two trees (Cedro Amargo and Guachipelín) located at the entrance of a condominium in an urban area. The plaintiff argues that the trees, 25 and 22 meters tall and in poor phytosanitary condition, pose a danger. The municipality claimed that since the trees are on private property and a state entity is being sued, the matter belongs to the administrative litigation jurisdiction. Based on Articles 1 and 2 of the Agrarian Jurisdiction Law and Article 108 of the Biodiversity Law, the Tribunal holds that agrarian jurisdiction is triggered when the dispute concerns natural resources between private parties without an administrative act or public domain involved, regardless of whether the property is used for housing and located in an urban area. It reaffirms that the fact that the defendant is a municipality does not change the material jurisdiction assigned by law to the agrarian courts.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "05/02/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1015508.json", "html_url": "/legal/doc/nexus-sen-1-0034-1015508", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1015508" }, { "id": "nexus-sen-1-0034-1015887", "citation": "Res. 00115-2021 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Envision Festival and Medicinal Hemp: Denial of Home Detention Extension Due to Prohibition Error", "title_es": "Festival Envisión y cáñamo medicinal: rechazo de prórroga de arresto domiciliario por error de prohibición", "summary_en": "The Criminal Appeals Tribunal of Cartago denied the prosecution's request to extend home detention with electronic monitoring for two U.S. citizens accused of drug trafficking at the Envision Festival in Bahía Ballena, Osa. The defendants had been selling cannabis-derived products at a festival stand, claiming they were legal medicinal hemp authorized in New York. Despite forensic reports identifying the substance as cannabis sativa, the court found the probability of criminal participation to be weak. The public nature of the activity, along with documentation of licenses and the festival invitation, suggested a high likelihood that the defendants, as foreigners passing through, were unaware their conduct was illegal in Costa Rica. The court held that a prohibition error excluded culpability and ordered their immediate release, while also requiring the prosecution to submit certified digital copies of the case file in future proceedings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/02/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1015887.json", "html_url": "/legal/doc/nexus-sen-1-0034-1015887", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1015887" }, { "id": "nexus-sen-1-0034-1017864", "citation": "Res. 00087-2021 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Extension of house arrest for drug trafficking at festival", "title_es": "Prórroga de arresto domiciliario por venta de drogas en festival", "summary_en": "The Cartago Criminal Appeals Court, Second Section, reviewed a request by the Public Prosecutor's Office to extend for one additional month the house arrest with electronic monitoring imposed on an individual accused of drug trafficking, to the detriment of Public Health. The events occurred at the Envisión Festival, where the accused was found in possession of a significant variety of illicit drugs. The prosecution argued that the precautionary measure was necessary to prevent flight, as the defendant lacked ties to the community and could face a prison sentence of 8 to 15 years if convicted. The court determined it had residual jurisdiction under Article 258 of the Criminal Procedure Code, since the ordinary one-year limit for pretrial detention had expired. It found that the delay in holding the oral trial was not attributable to the prosecution but to excusable circumstances, and that it was essential to ensure the defendant's presence at the pending trial. Consequently, the court granted the extension of house arrest from February 18 to March 18, 2021.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/02/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1017864.json", "html_url": "/legal/doc/nexus-sen-1-0034-1017864", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1017864" }, { "id": "nexus-sen-1-0034-1021638", "citation": "Res. 00196-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over tree-felling summary proceeding based on public environmental interest", "title_es": "Competencia agraria en proceso sumario de derribo de árbol por interés público ambiental", "summary_en": "The Agrarian Tribunal reviews an abstention (inhibitoria) by the Agrarian Court of Liberia, which refused to hear a summary proceeding for the felling of a water-apple tree situated between two small properties zoned for construction. The Court had found the lots unsuitable for agricultural activities. The Tribunal overturns that decision, rejects the inhibition, and orders the case to proceed. It holds that trees, as natural resources, are subject to the public environmental interest criterion set out in the Biodiversity Law (article 11(3)), which must be weighed in resolving the case. It also relies on article 108 of the same law, which assigns disputes between private parties over biodiversity to the agrarian jurisdiction when no administrative act or public domain is involved. The central holding is that the presence of a natural element —the tree— and the need to apply environmental principles vest jurisdiction in the agrarian courts, even if the properties are not used for farming.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "04/03/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1021638.json", "html_url": "/legal/doc/nexus-sen-1-0034-1021638", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1021638" }, { "id": "nexus-sen-1-0034-1021701", "citation": "Res. 00260-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of precautionary measure due to procedural defects and lack of capacity of the counter-defendant", "title_es": "Anulación de medida cautelar por vicios procesales y falta de capacidad del reconvenido", "summary_en": "The Agrarian Tribunal annuls on its own motion the precautionary resolution 181 of September 8, 2020, issued in an ordinary agrarian proceeding concerning easements. The decision is based on the need to correct procedural defects before deciding on precautionary measures. The court finds that the counterclaimant has not proven the legal representation of the counter-defendant company Gerencia Hotelera Husco S.A., nor provided its address for service, affecting procedural capacity. Additionally, the counterclaim's requests regarding easements lack precision, omitting essential details such as length, width, bearings, and dominant and servient tenements. The counterclaim has also not been served on that company. The counterclaimant is ordered to remedy these defects within three days, under warning of termination of the counterclaim. The resolution also notes insufficient reasoning in the original precautionary orders. This ruling is procedural in nature and does not address the environmental merits of the dispute.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/03/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1021701.json", "html_url": "/legal/doc/nexus-sen-1-0034-1021701", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1021701" }, { "id": "nexus-sen-1-0034-1021817", "citation": "Res. 00284-2021 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquittal for lack of direct intent in invasion of a protection area", "title_es": "Absolución por falta de dolo directo en invasión de área de protección", "summary_en": "The Criminal Appeals Court of San Ramón upheld the acquittal of a civil engineer accused of invading the protection area of the Mastate River by building five social-interest houses. The Court held that the crime under Article 58(a) of the Forestry Law requires direct intent, meaning the defendant must have known with certainty he was invading a protected area. Here, a 15-meter setback had been set by the INVU in 2008, while SINAC officials later determined a 50-meter setback applied due to the slope. Since this inter-institutional discrepancy was not resolved before construction, it could not be proven the defendant had certainty of invading the protection zone, constituting a mistake of fact that negates criminal intent. The civil claim for damages was also rejected for lack of intent, in accordance with the principle of congruence.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "17/03/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1021817.json", "html_url": "/legal/doc/nexus-sen-1-0034-1021817", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1021817" }, { "id": "nexus-sen-1-0034-1026960", "citation": "Res. 00357-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction excluded: sale of commercial enterprise, no primary or connected agrarian activity", "title_es": "Competencia agraria excluida: compraventa de empresa comercial, sin actividad agraria principal ni conexa", "summary_en": "The Agrarian Tribunal resolved a jurisdictional challenge in a case involving the alleged breach of a sale contract for Grupo Belina, a group of companies engaged in the production, distribution, commercialization, and export of animal feed. Although the companies' corporate purposes included livestock, agriculture, and agroindustry, the Tribunal found that in practice they were primarily dedicated to trade and importation, without producing raw materials. Therefore, none of the parties qualified as agrarian entrepreneurs under the theory of agrariety, which requires an activity based on the biological cycle or connected thereto. Consequently, the Tribunal approved the lower court's declination of jurisdiction, but since a conflict of jurisdiction had arisen with the Civil Court that had also previously declared itself incompetent, the file was referred to the First Chamber of the Supreme Court for resolution. The parties were granted a three-day hearing.", "primary_topic_id": null, "topic_ids": [], "date": "22/04/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1026960.json", "html_url": "/legal/doc/nexus-sen-1-0034-1026960", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1026960" }, { "id": "nexus-sen-1-0034-1026976", "citation": "Res. 00375-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over tree removal between private parties", "title_es": "Competencia agraria sobre derribo de árbol entre particulares", "summary_en": "The Agrarian Tribunal rules on a request to dismiss for lack of subject-matter jurisdiction in a summary proceeding for the removal of a cenízaro tree. The defendant argued the case belongs in civil court, since neither the property hosting the tree nor the plaintiff's property are agrarian lands. The Tribunal denies the exception: although the lots are not agrarian, jurisdiction is conferred by Article 108 of the Biodiversity Law, which assigns to the agrarian jurisdiction any dispute between private parties over biodiversity where no administrative act or public domain is involved. The ruling confirms that a private-party dispute over tree removal, without state intervention, falls under agrarian jurisdiction.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "26/04/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1026976.json", "html_url": "/legal/doc/nexus-sen-1-0034-1026976", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1026976" }, { "id": "nexus-sen-1-0034-1026977", "citation": "Res. 00376-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forest lands through possessory information: ecological possession and second paragraph of Article 7", "title_es": "Titulación de terrenos forestales mediante información posesoria: posesión ecológica y segundo párrafo del artículo 7", "summary_en": "The Agrarian Tribunal hears an appeal in a possessory information proceeding brought by Cloudbridge S.A. over two secondary‑forest properties in Pérez Zeledón. The General Attorney’s Office appeals, arguing that the properties are part of the State’s Natural Heritage according to a SINAC report and therefore inalienable. The Tribunal upholds the first‑instance ruling that approved the possessory information. It holds that, under Article 7, paragraph 2 of the Possessory Information Law —as amended by Forestry Law No. 7575 of 1996— forested land may be titled provided a ten‑year possession (original or transmitted) is proved and that the possessory acts have consisted of conserving and protecting the forest resource (‘ecological possession’). Here, it was established that the land lies outside any protected wild area, has a certificate of compliant land use, witnesses attested to possession of more than ten years, and the applicants have devoted the properties to the regeneration of secondary forest, demonstrating sustainable agroforestry activity. The Tribunal stresses that denying title under these circumstances would penalise conservation and could encourage deforestation in order to obtain title.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "26/04/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1026977.json", "html_url": "/legal/doc/nexus-sen-1-0034-1026977", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1026977" }, { "id": "nexus-sen-1-0034-1028269", "citation": "Res. 00241-2021 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Breach of conciliation does not extinguish criminal action but restarts proceedings", "title_es": "Incumplimiento de conciliación no extingue acción penal sino reanuda proceso", "summary_en": "The Cartago Criminal Appeals Court, by majority, holds that an accused’s breach of a conciliation agreement in a Forestry Law violation case does not warrant a definitive dismissal; instead, the proceedings must be restarted under Article 36 of the Criminal Procedure Code. The trial court had definitively dismissed the case on the grounds that the one-year period had expired without the Prosecutor’s Office reporting non-compliance, thereby extinguishing the criminal action. The majority reverses, explaining that extinction only occurs upon the accused’s full performance; the suspension of the statute of limitations protects against abuse, and the State representative’s inaction does not relieve the accused. One judge dissents, arguing that the Prosecutor’s own inertia caused the dismissal and that judicial or counterparty deficiencies cannot prejudice the accused. The ruling is overturned and the case is remanded for the trial court to determine whether ordinary proceedings should resume.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "26/04/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1028269.json", "html_url": "/legal/doc/nexus-sen-1-0034-1028269", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1028269" }, { "id": "nexus-sen-1-0034-1029185", "citation": "Res. 00259-2021 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal challenging preventive detention imposed in criminal sentence", "title_es": "Apelación sobre prisión preventiva dictada en sentencia penal", "summary_en": "The Criminal Appeals Court of Cartago declares inadmissible two appeals filed by defense attorneys against the preventive detention of two convicted defendants, ordered during the reading of the operative part of a complex criminal sentence. That sentence addressed crimes including Forestry Law violations (invasion of protected areas, illegal logging and land-use change), appropriation of public domain property, embezzlement, aggravated drug trafficking, and money laundering, resulting in prison terms of up to 26 years and various confiscation orders, restitutions, and awards for environmental and social damages. The defense argued there was no substantive basis to presume flight risk and, in one case, that detention could worsen a degenerative health condition. The appeals court held that preventive detention imposed in the sentencing phase under Article 258 of the Code of Criminal Procedure is a procedural safeguard to ensure the defendants’ continued presence in the proceedings, and that the appeals did not fit any of the statutory categories for appeal in Articles 452, 458, and 459. Consequently, both appeals were denied as inadmissible.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "30/04/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1029185.json", "html_url": "/legal/doc/nexus-sen-1-0034-1029185", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1029185" }, { "id": "nexus-sen-1-0034-1035711", "citation": "Res. 00625-2021 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Statute of limitations for land-use change crime — instantaneous crime with permanent effects", "title_es": "Prescripción en delito de cambio de uso de suelo — delito instantáneo con efectos permanentes", "summary_en": "The Sentencing Appeals Court of San Ramón upholds the definitive dismissal due to expiration of the statute of limitations in a case of violation of the Forestry Law for land-use change. The Criminal Prosecutor argued the crime was permanent, so the statute of limitations would only begin once the unlawful activity ceased (removal of terraces and forest regeneration). However, the Court holds that land-use change is an instantaneous crime with permanent effects: the act of changing use is consummated at a single moment, even if the effects persist. Under Article 32 of the Code of Criminal Procedure, the limitation period runs from consummation, not from cessation of effects. The Court confirms that the period had lapsed because, between the initial formal charge and the first preliminary hearing, there were no adequate interrupting acts. It also denies the request to restore the land to its original condition, since the existence of a punishable offense was not established due to the statute of limitations. The decision includes a thorough doctrinal analysis distinguishing permanent, continuous, instantaneous, and state crimes, citing Roxin and Mir Puig, and emphasizes that while environmental protection is paramount, the principle of legality and limitation periods cannot be overlooked.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "22/06/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1035711.json", "html_url": "/legal/doc/nexus-sen-1-0034-1035711", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1035711" }, { "id": "nexus-sen-1-0034-1036935", "citation": "Res. 00513-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Removal of a Guanacaste tree — agrarian jurisdiction", "title_es": "Derrribo de árbol de Guanacaste — competencia agraria", "summary_en": "The Agrarian Court of the Second Judicial Circuit of San José resolves a challenge to its jurisdiction raised by the Agrarian Court of Liberia in a summary proceeding for the removal of a Guanacaste tree. The lower court had argued that merely involving a tree was insufficient to trigger agrarian jurisdiction. The Appellate Court disagrees, finding that it has subject-matter competence. It relies on Articles 1 and 2 of the Agrarian Jurisdiction Law, Article 113 of the Organic Law of the Judiciary, and especially two provisions of the Biodiversity Law: subsection 3 of Article 11, which declares environmental public interest as a criterion for applying that statute, and Article 108, which assigns to the agrarian courts disputes between private parties concerning biodiversity when no administrative act or public domain is involved. Because the plaintiff alleges danger from the tree's size and proximity to a building, the Court rules that the matter falls under agrarian jurisdiction, rejects the challenge, and returns the case file for further proceedings.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "04/06/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1036935.json", "html_url": "/legal/doc/nexus-sen-1-0034-1036935", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1036935" }, { "id": "nexus-sen-1-0034-1036992", "citation": "Res. 00572-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land outside protected wild areas", "title_es": "Titulación de terrenos con bosque fuera de áreas silvestres protegidas", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding to register a 5.3 ha property with scrubland and secondary forest, located outside protected wild areas in Pérez Zeledón. The Attorney General's Office appealed, arguing that the forested land forms part of the State Natural Heritage (PNE) under Article 13 of the Forestry Law, and is therefore inalienable, imprescriptible, and cannot be titled via possessory information. The Tribunal dismisses the appeal. It interprets Article 7 of the Possessory Information Law — amended by Forestry Law 7575 — distinguishing two scenarios: land within protected wild areas (requiring possession consolidated ten years before the area's declaration) and forested land outside such areas, which only requires proof of ten-year possession, protection of the natural resource, and proper delimitation. Since the applicants met these requirements and SINAC certified the land lies outside protected areas, the lower court's ruling is confirmed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "23/06/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1036992.json", "html_url": "/legal/doc/nexus-sen-1-0034-1036992", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1036992" }, { "id": "nexus-sen-1-0034-1037004", "citation": "Res. 00585-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over tree removal due to environmental public interest", "title_es": "Competencia agraria en derribo de árboles por interés público ambiental", "summary_en": "The Agrarian Tribunal rejects a motion to decline jurisdiction and affirms its competence to hear a summary tree-removal proceeding, despite the involved properties being residential. The majority holds that trees, as natural resources, are governed by the Biodiversity Law, and the guiding criterion of environmental public interest triggers agrarian jurisdiction, especially when the trees are located near a water protection zone. The dissenting vote argues that tree-removal actions are civil injunctions and that, absent agrarian activity on the land, jurisdiction lies with civil courts. This decision broadens the scope of agrarian jurisdiction to include private environmental disputes involving natural resources, pursuant to Article 108 of the Biodiversity Law.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "24/06/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1037004.json", "html_url": "/legal/doc/nexus-sen-1-0034-1037004", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1037004" }, { "id": "nexus-sen-1-0034-1041706", "citation": "Res. 01097-2021 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Land-use change is a permanent offense, prescription runs from cessation", "title_es": "Cambio de uso de suelo es delito permanente, prescripción corre al cesar", "summary_en": "The Criminal Appeals Chamber partially overturned the trial court's ruling that had declared three land-use change offenses time-barred and acquitted the defendants. It upheld the appeals by the Public Prosecutor and the Attorney General, holding that the trial court erred in calculating the statute of limitations from the moment trees were cut. Land-use change is a permanent-effect offense: as long as the hotel buildings, roads, and pools remain on the land, the illegal conduct persists, continuously harming the legal interest protected by the Forestry Law. The Chamber also found flaws in the assessment of evidence, as the trial court failed to properly weigh testimony and studies indicating the existence of forest on the land. A new trial was ordered for the forestry and related offenses, as well as the civil damages claim, without prejudging the final outcome.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "23/07/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1041706.json", "html_url": "/legal/doc/nexus-sen-1-0034-1041706", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1041706" }, { "id": "nexus-sen-1-0034-1050653", "citation": "Res. 00377-2021 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Distinction between simple subdivision and subdivision for urban development requires full access and services", "title_es": "Distinción entre fraccionamiento simple y fraccionamiento con fines urbanísticos requiere acceso y servicios completos", "summary_en": "The Administrative Appeals Tribunal upholds the denial of a municipal approval for the subdivision of two adjacent properties into eight lots with access via an easement. The appellant argued it was a simple subdivision, but the Tribunal finds that the proposal, named “Condominio Horizontal Vertical Residencial Comercial Vila de San Francisco I and II Etapa,” constitutes a subdivision for urban development purposes. Thus, merely creating an easement is insufficient; all urban development requirements must be met, including provision of public roads, green areas, water, electricity, and stormwater drainage, as well as prior approval from INVU. The ruling emphasizes that simple subdivisions are exempt only when carried out in previously urbanized areas that already have access and communal facilities. Since the appellant did not meet these conditions, the appeal is dismissed, and the administrative process is exhausted.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "31/08/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1050653.json", "html_url": "/legal/doc/nexus-sen-1-0034-1050653", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1050653" }, { "id": "nexus-sen-1-0034-1053273", "citation": "Res. 00322-2020 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Wildlife electrocution by power lines and lack of specificity in precautionary measure", "title_es": "Electrocución de fauna silvestre por tendidos eléctricos y falta de precisión en medida cautelar", "summary_en": "The Contentious-Administrative Appeals Court upholds the denial of a precautionary measure filed by an individual against Coopeguanacaste R.L., which sought the immediate installation of protective devices on the electricity grid to prevent wildlife electrocution. The court finds the request generic and imprecise, failing to specify devices, characteristics, or locations, and lacking instrumentality because it does not materially differ from the substantive claims of a yet-to-be-filed main proceeding. While acknowledging the electrocution risk and existence of guidelines, it requires precautionary measures to be specific, reasonable, and technically supported.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "17/06/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-1053273.json", "html_url": "/legal/doc/nexus-sen-1-0034-1053273", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1053273" }, { "id": "nexus-sen-1-0034-1053931", "citation": "Res. 00554-2021 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of Jurisdiction to Extend House Arrest Because Ordinary Detention Period Has Not Expired in Organized Crime Case", "title_es": "Incompetencia para prórroga del arresto domiciliario por subsistencia del plazo ordinario en delincuencia organizada", "summary_en": "The Cartago Criminal Appeals Court declared itself without jurisdiction to hear the prosecutor's request to extend the house arrest with electronic monitoring imposed on the defendant, who was convicted of illicit association and money laundering in a case designated as organized crime. The ruling explains that both pre-trial detention and house arrest count toward the same precautionary period, and under Law 8754 (Organized Crime Law), the ordinary detention period can be up to 24 months. Since one month and two days of that ordinary period remained when the request was filed, jurisdiction over any extension lay with the trial court and not the appellate chamber, whose jurisdiction arises only after the maximum legal deadlines have been exhausted; therefore, the case file was returned to the originating court.", "primary_topic_id": null, "topic_ids": [], "date": "06/10/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1053931.json", "html_url": "/legal/doc/nexus-sen-1-0034-1053931", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1053931" }, { "id": "nexus-sen-1-0034-1057136", "citation": "Res. 01025-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory Title Granting in Barra del Colorado Wildlife Refuge with Pre-Existing Livestock Farming", "title_es": "Titulación posesoria en Refugio de Vida Silvestre Barra del Colorado con posesión ganadera previa", "summary_en": "The Agrarian Tribunal overturned the lower court ruling and approved the possessory title proceedings for a 112-hectare property located within the Barra del Colorado National Wildlife Refuge. The court held that the applicant proved the exercise of qualified possessory rights for at least ten years prior to the creation of the refuge in 1985, including the possession of predecessors. Testimonial and documentary evidence established a chain of possessors since 1970 engaged in cattle ranching and agriculture, consistent with the area's original use. The argument that livestock activity was incompatible with environmental protection was dismissed, given its pre-existence to the protected area declaration and its rational management. Registration is ordered subject to protection areas for water bodies under the Forestry Law and Water Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "22/10/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1057136.json", "html_url": "/legal/doc/nexus-sen-1-0034-1057136", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1057136" }, { "id": "nexus-sen-1-0034-1059893", "citation": "Res. 00105-2021 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial nullification of INDER titling for encroaching on State Natural Patrimony", "title_es": "Nulidad parcial de titulación del INDER por afectar Patrimonio Natural del Estado", "summary_en": "The Administrative Appeals Tribunal, Section V, resolved a lesividad action brought by INDER against RRRD de Cerro Blanco, S.A., and the company's counterclaim. INDER sought the absolute nullity of its Board's 29 November 2004 agreement that titled plot 1501, block 9-A in Alajuela, alleging it partly constituted State Natural Patrimony (PNE). The defendant opposed and counterclaimed against INDER and the State for compensation or property recognition, arguing ecological possession and good faith. The Tribunal found that 5 hectares (4 of forest and 1 of wetland) were indeed PNE and public domain, thus declaring that titling absolutely null. Regarding the remaining 16 hectares, not being PNE, the initial claim was declared inadmissible due to time bar, and the company's ownership of those hectares was recognized. No compensation was awarded because the company had known about the PNE encumbrance since 2003 and was not a good-faith acquirer.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "procedural-environmental" ], "date": "01/11/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1059893.json", "html_url": "/legal/doc/nexus-sen-1-0034-1059893", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1059893" }, { "id": "nexus-sen-1-0034-1059904", "citation": "Res. 00134-2021 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of parcel award in Golfo Dulce Forest Reserve for public interest lesion", "title_es": "Nulidad de adjudicación de parcela en Reserva Forestal Golfo Dulce por lesividad", "summary_en": "The Contentious-Administrative Tribunal, Section VI, upholds the lesividad (public interest lesion) claim filed by INDER against its former Board of Directors' 1999 resolution that awarded parcel 14 of the Los Planes de Drake Settlement to two individuals. The Tribunal finds the property lies entirely within the Golfo Dulce Forest Reserve, established in 1978, and has since been part of the State's Natural Heritage (PNE) under Forestry Law 7575, Articles 13-15. As public domain property, inalienable and imprescriptible, the award is absolutely null. The statute of limitations defense is rejected because public domain assets are not time-barred for lesividad actions. The court declares absolute nullity of the agreement and orders material surrender of the property to MINAE (SINAC). Costs are not imposed, as the defendants are deemed to have litigated in good faith.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "procedural-environmental", "environmental-law-7554" ], "date": "13/10/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1059904.json", "html_url": "/legal/doc/nexus-sen-1-0034-1059904", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1059904" }, { "id": "nexus-sen-1-0034-1060251", "citation": "Res. 00640-2021 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Precautionary Measure for Possession Due to Lack of Proof of Harm in Administrative Eviction", "title_es": "Denegatoria de medida cautelar de posesión por falta de prueba del daño en desalojo administrativo", "summary_en": "The Administrative Contentious Court denies the precautionary measure requested by Abraham Jiménez Matarrita, who sought to be restored to possession of a property after an administrative eviction carried out by the Ministry of Public Security. The plaintiff argued that the eviction was illegal because the property was not included in the ministerial order. However, the Court finds that, although the plaintiff has a prima facie case to discuss the legality of the administrative procedure in a main proceeding, he failed to demonstrate the danger in delay. The only evidence provided related to the administrative procedure, but did not prove the severity of the harm, the impossibility of moving elsewhere, or the economic dependence of his family. Furthermore, it balances that the measure would affect a third party—Gerardo Pizarro Espinoza—put in possession by the administration, with the public interest prevailing. The precautionary measure is denied.", "primary_topic_id": null, "topic_ids": [], "date": "06/10/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1060251.json", "html_url": "/legal/doc/nexus-sen-1-0034-1060251", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1060251" }, { "id": "nexus-sen-1-0034-1061581", "citation": "Res. 00619-2021 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Extension of house arrest in illicit association and money laundering case", "title_es": "Prórroga de arresto domiciliario en asociación ilícita y legitimación de capitales", "summary_en": "The Cartago Court of Criminal Sentencing Appeals grants the prosecutor’s request to extend the house arrest with electronic monitoring of a defendant convicted at a retrial for illicit association and money laundering. The ruling recounts the full history of pretrial measures since 2016, including periods of pretrial detention and their replacement with house arrest. The court extends the measure for six months, finding that the procedural risks of flight persist —precarious employment ties, an 11-year prison sentence, and the seriousness of the harm— and that the conviction has already passed the plenary stage. It underscores that house arrest carries the same effects as pretrial detention and that, because the case was declared an organized-crime proceeding, the ordinary time limits are doubled. The defense did not object, deferring to the court’s competence.", "primary_topic_id": null, "topic_ids": [], "date": "08/11/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1061581.json", "html_url": "/legal/doc/nexus-sen-1-0034-1061581", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1061581" }, { "id": "nexus-sen-1-0034-1062625", "citation": "Res. 00145-2021 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad upheld for titling of a plot in the Talamanca-Caribe Biological Corridor constituting illegal transfer of State Natural Heritage", "title_es": "Lesividad declarada por titulación de parcela en el Corredor Biológico Talamanca-Caribe que constituye enajenación ilícita del Patrimonio Natural del Estado", "summary_en": "The Administrative Litigation Court (Section VI) upheld the lesividad claim filed by INDER against the Association of Organizations of the Talamanca-Caribe Biological Corridor. It declared the absolute nullity of the titling agreement for an 18.3-ha plot in Gandoca, as well as the deed of segregation and transfer, and the corresponding registry entry. The Court found the titling act illegal for two main reasons: (1) the mandatory soil studies required by Articles 58, 60, and 61 of the Soil Use Law Regulation (Decree 29375) were never conducted, which restricted IDA's competence to title land without agricultural suitability; and (2) the plot was part of the State Natural Heritage, according to a SINAC certification, making it inalienable, imprescriptible, and non-transferable under Articles 261 and 262 of the Civil Code and the Forestry Law. The Court rejected the Association's defense of possession prior to the land being designated public domain due to insufficient evidence. It applied the temporal exception of Article 34.2 CPCA, which provides that lesividad for protecting public domain assets is not subject to any time limit.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "procedural-environmental" ], "date": "29/10/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1062625.json", "html_url": "/legal/doc/nexus-sen-1-0034-1062625", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1062625" }, { "id": "nexus-sen-1-0034-1062636", "citation": "Res. 01061-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over tree-felling actions based on environmental public interest", "title_es": "Competencia agraria en interdicto de derribo por interés público ambiental", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José resolves a dismissal motion raised by the Agrarian Court of Liberia in a summary tree-felling action. The first-instance judge had declined jurisdiction considering the properties as urban. The Tribunal overturns this decision and declares that the Agrarian Jurisdiction is competent to hear the case. The basis is that trees are natural resources part of the national biodiversity, regulated by the Biodiversity Law No. 7788. Article 108 of that law provides that disputes between private parties regarding biodiversity, not involving an administrative act or public domain, fall under agrarian jurisdiction. Additionally, Article 11(3) imposes environmental public interest as a guiding criterion, requiring the guarantee of future development options, ecosystem conservation, and health protection. Consequently, the Agrarian Tribunal orders the proceedings to continue and assumes jurisdiction of the action.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "05/11/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1062636.json", "html_url": "/legal/doc/nexus-sen-1-0034-1062636", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1062636" }, { "id": "nexus-sen-1-0034-1062645", "citation": "Res. 01070-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Posesory information titling within the Los Santos Forest Reserve", "title_es": "Titulación por información posesoria dentro de la Reserva Forestal Los Santos", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding concerning a 33,471 m² plot in Copey de Dota, located within the Los Santos Forest Reserve (established 1975). The corporation Future Coffe S.A. demonstrated, through witness testimony and documentary evidence, an unbroken chain of possession dating back to at least 1950, exceeding the ten years prior to the protected area's creation required by Article 7 of the Posesory Information Law. The Tribunal dismisses the Attorney General's objections regarding the land's location within public domain, the insufficiency of witness evidence, the failure to prove transmission of possession, and the alleged discrepancies between testimony and the land-use study. It holds that the witnesses, despite their youth at the time of initial possession, provided coherent statements that, evaluated in conscience, prove ecological and peaceful possession, with respect for existing natural resources, including protection of the stream crossing the property.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "05/11/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1062645.json", "html_url": "/legal/doc/nexus-sen-1-0034-1062645", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1062645" }, { "id": "nexus-sen-1-0034-1062673", "citation": "Res. 01098-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction in a summary tree-felling proceeding involving public environmental interest", "title_es": "Competencia agraria en proceso de derribo de árboles de laurel con interés público ambiental", "summary_en": "The Agrarian Tribunal reverses a lower agrarian court's decision declining jurisdiction over a summary proceeding for the felling of two large laurel trees on an urban property. The tribunal examines the material competence of the agrarian jurisdiction under Articles 1 and 2 of the Agrarian Jurisdiction Act and Article 113 of the Organic Law of the Judiciary. It interprets Article 108 of the Biodiversity Act, which reserves to the agrarian jurisdiction private disputes over biodiversity where no administrative act intervenes. It holds that because a natural resource is at stake, the public environmental interest —a guiding criterion of biodiversity legislation under Article 11(3)— requires the case be heard by agrarian tribunals regardless of the urban character of the land.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "11/11/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1062673.json", "html_url": "/legal/doc/nexus-sen-1-0034-1062673", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1062673" }, { "id": "nexus-sen-1-0034-1064856", "citation": "Res. 00112-2021 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of authorization for PSA on State Natural Heritage land", "title_es": "Improcedencia de autorización de PSA sobre terreno del Patrimonio Natural del Estado", "summary_en": "The Administrative Court rejects the lawsuit of a settler from the Osa Settlement seeking INDER’s authorization to access the Environmental Services Payment (PSA) program. The court finds that the property lies within the Golfo Dulce Forest Reserve, thus constituting State Natural Heritage—a public domain asset that is inalienable, unseizable, and imprescriptible. Due to its demanial nature, it cannot be the object of legitimate private possession, rendering any claim of rights inadmissible. INDER’s role is limited to certifying the status of registered occupant, beneficiary, or grantee; it does not issue authorizations for PSA, which falls under FONAFIFO’s exclusive purview. The plaintiff failed to prove any prior application to FONAFIFO or receipt of payment, and an INDER inspection confirmed neither habitation nor maintenance of the parcel. All claims are dismissed, and the plaintiff is ordered to pay costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "15/12/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1064856.json", "html_url": "/legal/doc/nexus-sen-1-0034-1064856", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1064856" }, { "id": "nexus-sen-1-0034-1064858", "citation": "Res. 00160-2021 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of land allocation within border strip as public domain", "title_es": "Nulidad de adjudicación en franja fronteriza por bien demanial", "summary_en": "The Administrative Court partially annuls an INDER agreement that allocated a plot within the Southern Border Strip, deeming it an inalienable and imprescriptible public-domain asset. The ruling declares absolute nullity of the original transfer and all subsequent deeds, ordering registration under the State’s name. It grounds its decision on legislation historically subjecting border zones to public domain (Baldíos Law, Land and Colonization Law) and constitutional and civil jurisprudence protecting them for national security and environmental conservation. A lesividad action for reclaiming public-domain goods has no statute of limitations. The court rejects an ancillary State request for lack of a formal claim and SINAC certification excluding the area from State Natural Heritage. The precautionary annotation measure remains in effect until State registration.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "14/12/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1064858.json", "html_url": "/legal/doc/nexus-sen-1-0034-1064858", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1064858" }, { "id": "nexus-sen-1-0034-1066140", "citation": "Res. 01127-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested lands through possessory information proceedings", "title_es": "Titulación de terrenos con bosque mediante información posesoria", "summary_en": "The Agrarian Court confirms the approval of a possessory information proceeding over a parcel with forest cover outside protected wilderness areas. The Attorney General appealed, arguing that the forest constitutes State Natural Heritage and is inalienable public domain. The Court rejects the appeal: the property is not in a protected area nor owned by a public institution (INDER confirmed it is not theirs). The Court holds that Article 7 of the Possessory Information Law expressly allows titling forested lands outside protected areas if ten-year possession, resource protection, and demarcation are proved, without needing to show possession prior to 1969. The applicant's possession (over 40 years including his mother's) was established, and all legal requirements were met.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "09/12/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1066140.json", "html_url": "/legal/doc/nexus-sen-1-0034-1066140", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1066140" }, { "id": "nexus-sen-1-0034-1066147", "citation": "Res. 01234-2021 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of possessory information due to partial overlap with Natural State Heritage", "title_es": "Anulación de información posesoria por traslape documental con Patrimonio Natural del Estado", "summary_en": "The Agrarian Tribunal annuls the judgment that approved the possessory information of Camino Verde JV LTDA over an 8-hectare property in San Ramón, Alajuela. The Attorney General's Office appealed, arguing that the cadastral plan (A-1258087-2008) partially overlaps with the State's registered farm (A-505346-000), which forms part of the Natural State Heritage, as per a report from the Real Estate Registry. The tribunal finds that the lower court improperly dismissed this public document based on private reports and one from INDER, which lacked jurisdiction, thus distorting the non-contentious procedure. It reiterates that possessory information proceedings do not allow evidentiary debate, nor can the veracity of public documents be challenged through private expert opinions. Consequently, it annuls the judgment and orders the lower court to request the National Cadastre and the Central Conservation Area of SINAC to clarify whether an overlap exists, and if so, to require the applicant to submit a new plan that does not encroach on the state farm, ensuring due process and preserving the non-adversarial nature of the proceeding.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "14/12/2021", "year": "2021", "json_url": "/data/legal/docs/nexus-sen-1-0034-1066147.json", "html_url": "/legal/doc/nexus-sen-1-0034-1066147", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1066147" }, { "id": "nexus-sen-1-0034-1070261", "citation": "Res. 00114-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of Possessory Information inside Río Macho Forest Reserve due to Witness Deficiency", "title_es": "Rechazo de información posesoria dentro de Reserva Forestal Río Macho por falta de testigos", "summary_en": "The Agrarian Tribunal, by majority, revokes the approval of a possessory information proceeding seeking to register an 11,609 m² plot entirely within the Río Macho Forest Reserve, created in 1964. The majority holds that Article 6 of the Possessory Information Law requires that the ten-year possession prior to the land's designation be proven by the testimony of three witnesses who have known the property since at least ten years before that designation. Here only two of three witnesses established familiarity with the land before 1954 (ten years before the reserve), the third having known it only from 1955. The majority treats this as a strict legal requirement, not a system of weighted evidence, and denies the petition. Judge Díaz Bolaños dissents, arguing that the evidence must be assessed as a whole and that the testimonies, considered together with documentary evidence, do prove the requisite possession.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "30/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1070261.json", "html_url": "/legal/doc/nexus-sen-1-0034-1070261", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1070261" }, { "id": "nexus-sen-1-0034-1070262", "citation": "Res. 00115-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information denied in Los Santos Forest Reserve", "title_es": "Improcedencia de información posesoria en Reserva Forestal Los Santos", "summary_en": "The Agrarian Tribunal, by majority vote, reversed the approval of a possessory information claim over a 30.2-hectare property located entirely within the Los Santos Forest Reserve (established in 1975). The majority found two insurmountable defects: (i) of the three witnesses required by Article 6 of the Possessory Information Law, only two knew the property before 1965, thus the claimant failed to prove ten-year possession prior to the protected area's creation as required by Article 7; and (ii) no ecological possession was exercised, since the full setback of the spring-fed creek on the property and the protection of its banks were not observed, in violation of Article 33 of the Forestry Law and the Water Law. The proceedings were dismissed. The dissenting opinion held that the evidence should have been assessed holistically under the free evaluation system of Article 54 of the Agrarian Jurisdiction Law, and that qualified possession and resource protection were proven, so the lower court's decision should have been upheld.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "30/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1070262.json", "html_url": "/legal/doc/nexus-sen-1-0034-1070262", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1070262" }, { "id": "nexus-sen-1-0034-1071992", "citation": "Res. 00051-2022 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Criminal sentence annulment for defective reasoning and remand", "title_es": "Anulación de sentencia penal por defectos de fundamentación y reenvío", "summary_en": "The Criminal Sentence Appeals Court of Cartago annulled the conviction (No. 170-2021) issued by the Trial Court of the Southern Zone (Pérez Zeledón) against several defendants for forestry, drug trafficking, and money laundering crimes. The defense's appeal argued, among other things, deficiencies in the descriptive reasoning of the judgment, as it failed to adequately summarize the witness testimonies, fragmenting the evidence and violating the right to defense. The Appeals Court granted this first ground, stating that the judgment must be self-sufficient and that descriptive reasoning is essential for the parties to understand the evidence. It also granted the third ground regarding the lack of reasoning on the determination of liability for money laundering. The court declared the total nullity of the appealed judgment and the preceding trial, remanding the case to the lower court with a new panel. It ordered the cessation of pre-trial detention for the convicted women.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "27/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1071992.json", "html_url": "/legal/doc/nexus-sen-1-0034-1071992", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1071992" }, { "id": "nexus-sen-1-0034-1072168", "citation": "Res. 00010-2022 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipal liability for annulment of land‑use permit ending gas‑station construction after lesividad", "title_es": "Responsabilidad municipal por anulación de uso de suelo tras lesividad que paralizó construcción de gasolinera", "summary_en": "Inversiones Pelyo del Este S.A. sued the Municipality of Vásquez de Coronado, the State, SENARA and SETENA for damages caused by the suspension and eventual annulment of land‑use permits and the construction license for a gas station. Construction was halted by a precautionary measure after groundwater was discovered affecting an aquifer; the Municipality then declared the permits void (lesividad) and obtained a court ruling annulling them. The Court partially granted the claim against the Municipality only: it ordered compensation for material damage (costs actually incurred in construction before the halt), to be determined in the enforcement phase with reliable accounting evidence. Claims against the State, SENARA and SETENA were dismissed for lack of causation, and compensation for the land value, loss of profits and moral damages was denied.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "27/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1072168.json", "html_url": "/legal/doc/nexus-sen-1-0034-1072168", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1072168" }, { "id": "nexus-sen-1-0034-1072169", "citation": "Res. 00012-2022 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INDER cannot award parcels to a possessor who has not requested recognition of possessory status", "title_es": "INDER no puede adjudicar parcelas sin que el poseedor haya tramitado el reconocimiento de su posesión", "summary_en": "The Administrative Court dismissed the claim of Olivier Sánchez Jiménez, who sought recognition of a subjective right to have INDER award him three parcels in Agua Buena, Coto Brus, based on a 2004 Board agreement and the agency's failure to execute it. The court found the plaintiff lacked standing because he was not named in the cited agreement or the supporting technical studies. Further, he never requested INDER to recognize his possessory status or participated in the beneficiary selection process. The ruling emphasizes that general censuses do not replace individual procedures, and the court cannot substitute administrative action. The claim was denied with costs to the plaintiff.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "09/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1072169.json", "html_url": "/legal/doc/nexus-sen-1-0034-1072169", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1072169" }, { "id": "nexus-sen-1-0034-1072280", "citation": "Res. 00008-2022 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Compensation for expropriation of usucapient possessors in the Golfo Dulce Forest Reserve", "title_es": "Indemnización por expropiación a poseedores usucapientes en Reserva Forestal Golfo Dulce", "summary_en": "The Administrative Litigation Tribunal, Section V, ruled on a claim filed by two possessors of a plot within the Golfo Dulce Forest Reserve against the State, INDER, and SINAC. The plaintiffs sought annulment of an INDER agreement that revoked a titling procedure, recognition of their decade-long possession, compensation for expropriation, and damages. The Court rejected the annulment claim, finding that the revoked agreement did not create subjective rights, but upheld the recognition of 68 years of accumulated possession based on INDER's own certifications and the principle of legitimate expectations. It ordered the State to pay just compensation for expropriation, holding that Executive Decree 8494-A of 1978 mandated such payment since neither relocation nor compensation had been provided. Claims for damages arising from forest restrictions were rejected, but subjective moral damages were partially granted for the State's over 40-year omission. SINAC was dismissed for lack of standing.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "31/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1072280.json", "html_url": "/legal/doc/nexus-sen-1-0034-1072280", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1072280" }, { "id": "nexus-sen-1-0034-1072284", "citation": "Res. 00002-2022 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Validity of Sanitary Permit and License for Los Laureles Landfill Conversion Without Environmental Viability", "title_es": "Validez de permiso sanitario y patente para reconversión de vertedero Los Laureles sin viabilidad ambiental", "summary_en": "Ruling by the Administrative Court, Section VI, that denies the absolute nullity claim against sanitary operating permit HC-ARSP-10703-2017 and commercial license No. 11831 granted to Corporación Tecnológica Magallanes S.A. for the conversion of the Los Laureles landfill in Pococí. Plaintiffs argued the project lacked SETENA environmental viability and caused severe environmental harm. The Court held that the Constitutional Court, in ruling 2017-00956, established that environmental viability was not required for this conversion because it was a pre-existing activity, not a new project — a matter of constitutional res judicata. Alleged operational breaches (lack of waste coverage, biogas flaring, leachate treatment) were dismissed as not directly related to the validity of the challenged acts; the administration demonstrated periodic oversight. The municipal license was deemed valid as it relied on the sanitary permit and land-use certificate. No costs were awarded due to sufficient grounds for litigation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "17/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1072284.json", "html_url": "/legal/doc/nexus-sen-1-0034-1072284", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1072284" }, { "id": "nexus-sen-1-0034-1072296", "citation": "Res. 00006-2022 Tribunal Contencioso Administrativo Sección VII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INDER annuls Coto Brus land titling due to defects in forested lot adjudication", "title_es": "INDER anula titulación en Coto Brus por vicios en adjudicación de terreno boscoso", "summary_en": "The Administrative Appeals Tribunal annuls the IDA Board’s 2001 adjudication that titled a Coto Brus project parcel to a private individual, after declaring the act harmful to public interests due to non-compliance with environmental and possession requirements. The court finds that the original award violated the National Reserve Titling Law (7599)—later declared unconstitutional—as well as the Forestry Law (7575), because it lacked a MINAE certification on impacts to State Natural Heritage, and missing soil-use or geographic reports. The ruling reaffirms that State Natural Heritage lands are inalienable, imprescriptible public domain assets, so prescription cannot apply. It orders the absolute nullity of the original title and all subsequent segregations and transfers, including properties now owned by third parties and an indigenous person, without costs due to the complexity of the litigation. The decision prioritizes protection of the public forest domain over possessory and property rights derived from an act void from the outset.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "28/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1072296.json", "html_url": "/legal/doc/nexus-sen-1-0034-1072296", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1072296" }, { "id": "nexus-sen-1-0034-1073312", "citation": "Res. 00001-2022 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of Municipal Quarry License for Violation of Zoning Plan", "title_es": "Anulación de patente municipal de cantera por violación del Plan Regulador", "summary_en": "The Fourth Section of the Contentious-Administrative Tribunal reviews a challenge by a neighborhood association against the Municipality of La Unión, the State, and a quarry company. The plaintiffs sought to annul the municipal commercial license for a quarry (tajo) located in a forest protection zone under the cantonal Zoning Plan, which allows only forestry, single-family housing, nurseries, and ecotourism, and expressly prohibits quarries. They also challenged the environmental viability permit (SETENA) and the mining concession (MINAE). The Tribunal partially grants the claim. It holds that the Municipality violated the principle of singular non-derogability of regulations (Art. 13 LGAP) and Articles 28 and 29 of the Urban Planning Law by issuing the license without a land-use certificate and in contravention of zoning. It annuls the commercial license and related acts, but upholds the environmental viability and mining concession, finding that they were not contingent on municipal land-use certification and that mining is declared of public utility by law. It orders communication to the Comptroller General and the Anti-Corruption Prosecutor due to the manifest nullity.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "04/01/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1073312.json", "html_url": "/legal/doc/nexus-sen-1-0034-1073312", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1073312" }, { "id": "nexus-sen-1-0034-1078539", "citation": "Res. 00227-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reforestation duty in stream protection area when authorizing tree removal", "title_es": "Deber de reforestación en área de protección de quebrada al autorizar derribo", "summary_en": "The Agrarian Court hears an appeal against a ruling that authorized the removal of two trees (oak and guanacaste) located in a stream's protection area. The Attorney General's Office requested adding the obligation to replace the cut trees with native species, based on Article 145 of the Water Law and Article 50 of the Political Constitution. The Court upheld the cutting authorization but modified the ruling, ordering the plaintiff to plant five native trees for each one cut in the stream protection area, under MINAE technical guidance. It emphasizes the state and private duty to protect forest and water resources, and the environmental function of trees in water protection zones.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "24/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1078539.json", "html_url": "/legal/doc/nexus-sen-1-0034-1078539", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1078539" }, { "id": "nexus-sen-1-0034-1078542", "citation": "Res. 00229-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of precautionary measure for preterition of evidence in agrarian dispute", "title_es": "Nulidad de medida cautelar por preterición de prueba en conflicto agrario", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José annuls the lower court's denial of an atypical anticipatory precautionary measure requested by a goat farmer against the owner of an adjacent farm. The Tribunal accepts the appeal by finding a concomitant nullity due to preterition of evidence: the first-instance judge conducted a judicial inspection without admitting the testimonial evidence or the video offered by both parties, leaving them defenseless. Furthermore, the challenged decision lacked a list of proven and unproven facts and made unsupported assertions about possible forestry infractions concerning watercourse encroachment. The Tribunal orders a new judicial inspection and instructs the lower court to proceed according to law, emphasizing that claims about crimes cannot be made without evidentiary support.", "primary_topic_id": null, "topic_ids": [], "date": "25/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1078542.json", "html_url": "/legal/doc/nexus-sen-1-0034-1078542", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1078542" }, { "id": "nexus-sen-1-0034-1083617", "citation": "Res. 00245-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Provisional water supply as interim measure in right-of-way dispute", "title_es": "Suministro provisional de agua potable como medida cautelar en servidumbre de paso", "summary_en": "The Agrarian Court (Decision No. 00245-2022, Second Judicial Circuit of San José) hears an appeal against the lower court's denial of interim measures sought by the plaintiff—owner of a property with coffee and fruit trees—to allow the installation of a temporary water pipeline and electrical wiring across the defendant's land while the main claim for declaration of an easement is pending. After evaluating the requisites of periculum in mora, fumus boni iuris, proportionality, and connection to the main claim, the Court authorizes only the provisional installation of a half-inch underground pipe for potable water along the existing access route, restricting its use exclusively to human consumption and worker hygiene, warning that non-compliance will void the measure. The request for electricity is denied due to lack of justification. The ruling underscores the purpose of atypical interim measures in agrarian matters to safeguard production continuity and natural resources without prejudging the merits of the case. (Excerpt from judicial ruling, Agrarian Court, March 7, 2022).", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "07/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1083617.json", "html_url": "/legal/doc/nexus-sen-1-0034-1083617", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1083617" }, { "id": "nexus-sen-1-0034-1083626", "citation": "Res. 00254-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling in protected areas requires proof of prior decennial possession", "title_es": "Titulación en área protegida requiere posesión decenal previa demostrada", "summary_en": "The Agrarian Court confirms the judgment that approved the possessory information over a 1-hectare plot within the Los Santos Forest Reserve, used for blackberry and fallow land with an agroforestry system. The Attorney General's Office appealed, asserting that the property lay within the 2-km oak protection strip along the Pan-American Highway, which was declared a National Park between 1945 and 1973 and thus public domain not subject to adverse possession. The Court dismisses this argument because the evidence did not show an oak forest but scattered trees and recent regeneration, and because witnesses proved possession since the 1960s, beyond the ten-year period prior to the reserve's creation in 1975. The ruling emphasizes that testimonial evidence must be precise regarding time and chain of possession; here, consistent witnesses established a clear, continuous possession.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "08/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1083626.json", "html_url": "/legal/doc/nexus-sen-1-0034-1083626", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1083626" }, { "id": "nexus-sen-1-0034-1083649", "citation": "Res. 00277-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information proceeding upheld in Los Santos Forest Reserve despite State objection based on prior public domain", "title_es": "Procedencia de información posesoria en la Reserva Forestal Los Santos a pesar de oposición estatal por dominio público previo", "summary_en": "The Agrarian Court upholds the judgment approving the possessory information over a 3,657 m² property located in Jaboncillo, Dota, within the Los Santos Forest Reserve. The General Attorney's Office opposed, arguing the land had been public domain since 1939, then a National Park in 1945, and that the 1973 repeal was followed almost immediately by the Reserve's creation in 1975, leaving no time for adverse possession. The Court rejects the appeal, applying a recent analogous precedent holding that, under Article 7 of the Possessory Information Law, the petitioner proved through witnesses a ten-year possession prior to 1975 (since 1954-1962) and compliant land use (agroforestry or conservation), thus establishing the possessory chain and meeting legal requirements for titling in protected wild areas.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "11/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1083649.json", "html_url": "/legal/doc/nexus-sen-1-0034-1083649", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1083649" }, { "id": "nexus-sen-1-0034-1083703", "citation": "Res. 00327-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian usucapion on registered land — good faith and possession", "title_es": "Usucapión agraria sobre terreno inscrito — buena fe y posesión", "summary_en": "The Agrarian Court affirms a lower court decision that partially granted an ordinary agrarian lawsuit, awarding usucapion (acquisitive prescription) to the plaintiffs over a disputed piece of land, even though the property was registered in the name of Banco Popular. The court holds that the plaintiffs possessed the land in good faith, using it for agricultural activities such as cattle raising and farming, and that the defendant failed to rebut the presumption of good faith or continuous possession. The plea of incongruity is dismissed because the lawsuit, read as a whole, was interpreted as a petition for ordinary usucapion under the Civil Code (articles 853 et seq.), not the special agrarian usucapion of the Land and Colonization Law. The appeals chamber further confirms that the main claim for reivindication was denied due to lack of standing, as plaintiffs were not the registered owners, and the granted usucapion did not constitute an ultra petita ruling.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "22/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1083703.json", "html_url": "/legal/doc/nexus-sen-1-0034-1083703", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1083703" }, { "id": "nexus-sen-1-0034-1090930", "citation": "Res. 00412-2022 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Transporting timber without documentation is a crime even if it comes from Nicaragua", "title_es": "Transporte de madera sin documentación configura delito aunque provenga de Nicaragua", "summary_en": "The Criminal Appeals Court of San Ramón upheld the conviction of two individuals for violating the Forestry Law through illegal transport of almendro amarillo timber. The defense argued on appeal that the wood came from Nicaragua, that Costa Rican forestry law does not protect foreign natural resources, and that the case involved extraterritoriality. The court rejected these claims, finding that the acts occurred in Costa Rican territory—the transport was detected in San Isidro de Pocosol—and that the law requires documentation for moving any type of timber regardless of origin, including from non-forest plantations or pastures. The ruling holds that Article 56 of the Forestry Law, in conjunction with Article 63(a), criminalizes timber transport without proper documentation, irrespective of whether it comes from a forest or plantation in a broad sense. The court emphasized that the defendants lacked any paperwork, tried to hide the timber, and were stopped at a non-border crossing, undermining the claim of lawful entry from Nicaragua. It stressed that the crime of illicit timber movement is committed by the act of transporting within national territory, thus avoiding extraterritoriality issues.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "13/05/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1090930.json", "html_url": "/legal/doc/nexus-sen-1-0034-1090930", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1090930" }, { "id": "nexus-sen-1-0034-1093481", "citation": "Res. 00040-2022 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Limits to reviewing expropriation compensation in an ordinary proceeding", "title_es": "Límites a la revisión del justiprecio fijado en proceso expropiatorio mediante proceso ordinario", "summary_en": "The First Section of the Administrative Litigation Tribunal declares inadmissible the claim filed by Brigantina del Orfebre Espartano S.A., which sought to review the compensation set in a prior expropriation judgment issued by the Administrative Litigation and Tax Court. The tribunal holds that the discussion on the expropriated property's value, residual damages, or loss of opportunity cannot be reopened because these matters were already settled in a final judgment in the special expropriation proceeding, which is exclusively designed to determine the compensation amount. Under the Expropriation Law and the constitutional jurisprudence of both the Constitutional Chamber and the Cassation Court, only the validity of the expropriation decree may be challenged in an ordinary proceeding, not the quantum of compensation. By failing to appeal on time, the claimant acquiesced to the decision, and an ordinary proceeding cannot serve as a reviewing instance of judicial decisions. The tribunal upholds the defenses of res judicata and act not subject to challenge, and orders the claimant to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/04/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1093481.json", "html_url": "/legal/doc/nexus-sen-1-0034-1093481", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1093481" }, { "id": "nexus-sen-1-0034-1093482", "citation": "Res. 00043-2022 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No state-judge liability for confirming precautionary measures in national park area", "title_es": "Inexistencia de responsabilidad del Estado-Juez por confirmación de medidas cautelares en zona de parque nacional", "summary_en": "The Administrative Appeals Court rejects a claim for damages against the State based on alleged State-Judge liability. The plaintiffs sought compensation for being evicted from land they occupied under precautionary measures confirmed on appeal. The Court held that the challenged decision merely confirmed prior rulings without judicial error. It found that the plaintiffs failed to prove any irregularity in the judicial action or the unlawfulness of the harm, as they remained registered owners of the properties and the eviction only temporarily affected possession of the physical space in dispute. It concluded that the plaintiffs had a duty to bear the effects of the precautionary measures, dismissing the lawsuit in its entirety and awarding costs against the plaintiffs.", "primary_topic_id": null, "topic_ids": [], "date": "11/05/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1093482.json", "html_url": "/legal/doc/nexus-sen-1-0034-1093482", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1093482" }, { "id": "nexus-sen-1-0034-1093532", "citation": "Res. 00193-2022 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of illegal subdivision for lack of permits", "title_es": "Rechazo de urbanización ilegal por falta de permisos", "summary_en": "The Administrative Appeals Court upholds the municipal rejection of the \"La Pavilla\" residential project and denies construction permits to Titlis S.A. for failing to meet essential requirements: the project lacked environmental feasibility approval from SETENA, INVU approval, certified water availability, and was located in an agricultural zone under the local zoning plan. The company irregularly segregated 42 lots and built infrastructure without a final permit, based only on a preliminary project approval which does not create vested rights. The Court stresses that the right to build is limited by mandatory urban and environmental regulations, and municipalities must exercise police powers to prevent illegal development. The appeal is dismissed and the administrative process is exhausted.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "environmental-law-7554" ], "date": "28/04/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1093532.json", "html_url": "/legal/doc/nexus-sen-1-0034-1093532", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1093532" }, { "id": "nexus-sen-1-0034-1093580", "citation": "Res. 00049-2022 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Indefinite Registration Freeze Due to Calification Error and Environmental Lesividad", "title_es": "Inmovilización registral indefinida por error calificador y lesividad ambiental", "summary_en": "The Sixth Section of the Contentious-Administrative Tribunal partially annuls Vote 408-2018 of the Administrative Registry Tribunal, confirming the precautionary measures of warning and immobilization on farm 31052 in Guanacaste, owned by Complejo Turístico Manzanillo S.A., only regarding the double registration with INDER farms, and lifts them concerning the alleged inclusion of maritime-terrestrial zone. The Tribunal determines that the National Registry committed errors in its qualification function by failing to detect the alleged irregularities for decades, and that since it was the State obliged to challenge the favorable act (property registration) through a lesividad process —never filed—, the precautionary measures became illegitimate for lacking instrumentality and becoming definitive. It also declares the INDER farms 19996, 19998, and 20000 null for misuse of power, because the ITCO titled in its own name lands exclusively destined to solve precarious occupation conflicts in the San Juanillo Project. It rejects compensation for lost chance due to lack of evidence of the tourism project.", "primary_topic_id": "property-and-titling", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "30/05/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1093580.json", "html_url": "/legal/doc/nexus-sen-1-0034-1093580", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1093580" }, { "id": "nexus-sen-1-0034-1093582", "citation": "Res. 00032-2022 Tribunal Contencioso Administrativo Sección VII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "TCA judicial review of CGR sanction for titling Natural State Heritage lands", "title_es": "Auditoría de legalidad del TCA sobre sanción de la CGR por titulación de PNE", "summary_en": "The Administrative and Civil Treasury Court, Section VII, reviews the validity of the Comptroller General's Office (CGR) resolution PA-22-2013 and its confirming resolution R-DC-032-2014, which imposed a six-year prohibition from holding public office on the plaintiff, a former Executive President and member of the Board of Directors of the Institute of Agrarian Development (IDA, now INDER). The CGR sanctioned the plaintiff for voting to approve the titling of several properties that, due to their forest nature, constituted Natural State Heritage (Patrimonio Natural del Estado, PNE) and were inalienable under Articles 13, 14, and 15 of Forestry Law No. 7575, and for failing to require a land-use capacity study and PNE classification from MINAE-SINAC, violating the Soil Use, Management and Conservation Law. The Court examines each of the plaintiff's challenges: inadequate factual findings, lack of analysis of his duties, insufficient legal reasoning, lack of clarity on the prohibited conduct, and lack of proportionality. It concludes that the CGR's resolution meets the requirements of motivation, sufficiently describes the facts and breached norms, treats the conduct as grave, and justifies the sanction's duration. It rejects all claims, dismisses the State's objection of lack of passive standing, upholds the objection of lack of right, and imposes costs on the plaintiff. The ruling reaffirms the Court's judicial review over CGR acts concerning administrative liability for harm to the Public Treasury and Natural State Heritage.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "25/04/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1093582.json", "html_url": "/legal/doc/nexus-sen-1-0034-1093582", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1093582" }, { "id": "nexus-sen-1-0034-1096249", "citation": "Res. 00496-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over tree-felling injunction for danger", "title_es": "Competencia agraria en interdicto de derribo de árbol por peligrosidad", "summary_en": "The Agrarian Court rules that a summary proceeding to fell a fig tree due to danger falls under agrarian jurisdiction because it involves a natural resource. The defendant argued lack of jurisdiction since the properties were not agrarian and the tree was not a protected species. The Court, based on Article 108 of the Biodiversity Law, holds that trees are part of biodiversity and any dispute over them between private parties is within agrarian competence. It states that the environmental public interest under Article 11(3) of the Biodiversity Law requires considering ecosystem protection and quality of life. The jurisdictional challenge is denied and the case is remanded to the originating court for continuation.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "19/05/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1096249.json", "html_url": "/legal/doc/nexus-sen-1-0034-1096249", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1096249" }, { "id": "nexus-sen-1-0034-1099216", "citation": "Res. 00199-2022 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Joining SINAC as a Necessary Co-Defendant in Land Titling Within a Forest Reserve", "title_es": "Integración del SINAC como litisconsorte pasivo necesario en titulación de tierras en reserva forestal", "summary_en": "The Appeals Court of Administrative and Civil Tax Matters overturned the lower court's decision that had denied the joinder of the National System of Conservation Areas (SINAC) as a necessary co-defendant in a declaratory judgment action seeking title to land located within the Los Santos Forest Reserve. The court held that, even though no administrative act by SINAC is being challenged, the nature of the underlying legal relationship — involving the administration of State Natural Heritage and the potential exclusion of land from a forest reserve — requires its participation as a defendant to safeguard its right of defense and ensure the proper execution of any resulting judgment. The decision is grounded in Article 22.1 of the Civil Procedure Code, in conjunction with Article 220 of the Administrative Procedure Code, and the statutory duties of SINAC under the Organic Environmental Law, the Forestry Law, and the Biodiversity Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "08/06/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1099216.json", "html_url": "/legal/doc/nexus-sen-1-0034-1099216", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1099216" }, { "id": "nexus-sen-1-0034-1099679", "citation": "Res. 00558-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Title to forested land outside protected areas via possessory proceeding", "title_es": "Titulación de terreno boscoso fuera de área silvestre protegida mediante información posesoria", "summary_en": "The Agrarian Court upheld a ruling that approved the registration of a 35-hectare forested property, located outside any protected area, via a possessory proceeding (información posesoria). The Attorney General's Office appealed, arguing that all forests constitute public domain assets within the State's Natural Heritage and are therefore inalienable and imprescriptible, incapable of private possession. The Court rejected this argument, drawing a distinction between land inside protected areas (whose titling is possible only if possession was consolidated prior to the area's declaration) and forested land outside such areas. It held that Article 7 of the Possessory Proceedings Law expressly allows titling of the latter, provided that the applicant proves ten years of possession, protection of the natural resource, and proper demarcation. The applicants demonstrated over 20 years of qualifying possession, satisfying the legal requirements. The ruling reaffirms the validity of Article 7, upheld as constitutional by the Constitutional Chamber in opinions 4587-97 and 1667-2010.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "07/06/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1099679.json", "html_url": "/legal/doc/nexus-sen-1-0034-1099679", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1099679" }, { "id": "nexus-sen-1-0034-1099736", "citation": "Res. 00615-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land partially within a Protected Zone", "title_es": "Titulación de terreno con bosque parcialmente en Zona Protectora", "summary_en": "The Agrarian Court upheld the registration of a 29.2-hectare property containing secondary forest, springs and streams, located in Pital de Jicaral, Puntarenas. Approximately 11.31% of the land lies within the Península de Nicoya Protected Zone, established in 1994. The applicant company proved through three witnesses a quiet, public and peaceful possession exercised by the family since at least 1982, i.e., more than ten years before the creation of the protected area. The Court rejected the Attorney General's objections regarding insufficient evidence and lack of a transfer document for previous possessors, stating that the law only requires the applicant to prove its own title of acquisition, and that the family chain of possession was demonstrated. It was also verified that the land has been dedicated to conservation, with no logging or exploitation, meeting the requirements for titling forested land both outside and inside protected wild areas.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "22/06/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1099736.json", "html_url": "/legal/doc/nexus-sen-1-0034-1099736", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1099736" }, { "id": "nexus-sen-1-0034-1100727", "citation": "Res. 00336-2022 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict civil liability for environmental damage — acquittal does not bar compensation", "title_es": "Responsabilidad civil objetiva en daño ambiental — absolución penal no excluye indemnización", "summary_en": "The Court of Appeal of Criminal Sentencing of Cartago reviews an appeal against a ruling that acquitted the defendant criminally and dismissed the civil claim for environmental damages (forest clearing, land-use change, construction of a trail near a spring). The court finds that the trial judge erroneously tied civil liability to the existence of a criminal act and proof of intent or negligence. Relying on the precedent of the Third Chamber (ruling 2022-00437) and article 52 of the Soil Use, Management and Conservation Law, as well as articles 2, 98 and 101 of the Environmental Organic Law and article 8 of the Biodiversity Law, the court concludes that environmental damage triggers strict civil liability: the owner or usufructuary of the property or activity must repair the proven damage, regardless of whether criminal guilt is established. Consequently, it upholds the State Attorney’s appeal, partially nullifies the trial judgment concerning the civil claim, and orders a remand for the compensation claim to be reheard.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "soil-conservation-7779", "criminal-environmental", "forestry-law-7575" ], "date": "29/06/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1100727.json", "html_url": "/legal/doc/nexus-sen-1-0034-1100727", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1100727" }, { "id": "nexus-sen-1-0034-1103521", "citation": "Res. 00396-2022 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Timber transport requires certificate of origin even with logging permit", "title_es": "Movilización de madera requiere certificado de origen aunque medie permiso de corta", "summary_en": "The Criminal Appeals Tribunal of Guanacaste, through Vote 2022-306 (Resolution No. 00396-2022), overturned a definitive dismissal issued by the Flagrancy Court for lacking criminal elements, in a case involving transport of stolen forest products. The prosecution had charged the defendant with mobilizing timber without the required documentation, under Articles 56 and 63 of Forestry Law No. 7575. The lower court held that failure to prove the origin of the forest resource rendered the conduct non-criminal. However, the Appeals Tribunal found that Article 31 of the same law requires a certificate of origin to remove timber from forest plantations, and failure to provide such documentation—even when a logging permit is not required—violates the prohibition on transporting timber without proper documentation. Therefore, it granted the appeal and ordered remittance for a new panel to hear the expedited procedure request. The decision underscores that timber transport regulation is integral to environmental protection and is not contingent solely on proving origin, but on compliance with all documentation mandated by law.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "26/07/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1103521.json", "html_url": "/legal/doc/nexus-sen-1-0034-1103521", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1103521" }, { "id": "nexus-sen-1-0034-1104264", "citation": "Res. 00709-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of agrarian recusal regarding tree felling in a protected area", "title_es": "Rechazo de inhibitoria agraria sobre derribo de árbol en área protegida", "summary_en": "The Agrarian Court resolves a conflict of jurisdiction arising from the recusal of the Corredores Agrarian Court in a summary proceeding for the felling of a tree located in Corcovado National Park. The lower court recused itself arguing the tree is within a national protected area. The Agrarian Court rejects the recusal and confirms the agrarian jurisdiction's competence, relying on Articles 1 and 2 of the Agrarian Jurisdiction Law and Article 108 of the Biodiversity Law. The latter provides that disputes between private parties regarding biodiversity, without an administrative act, fall under agrarian jurisdiction. It emphasizes that the public environmental interest, as defined in Article 11 of the same law, requires consideration of ecosystem conservation and the rights of future generations, factors that form part of agrarian subject-matter competence. The State Attorney's Office did not object to the jurisdiction. The proceedings are ordered to continue before the agrarian court.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "21/07/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1104264.json", "html_url": "/legal/doc/nexus-sen-1-0034-1104264", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1104264" }, { "id": "nexus-sen-1-0034-1104626", "citation": "Res. 00985-2022 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Demolition order in wildlife refuge despite criminal acquittal", "title_es": "Orden de derribo en refugio de vida silvestre pese a absolutoria penal", "summary_en": "This ruling addresses the appeal filed by a defendant acquitted on doubt grounds for invasion and land-use change, but against whom the trial court ordered the demolition of a dwelling built without a permit inside the Barra del Colorado National Wildlife Refuge. The Court of Appeals declared inadmissible the appeal against the acquittal on doubt, as the defendant suffered no grievance since he was never subjected to precautionary measures and the type of acquittal only affects indemnity. Regarding the demolition, the court upheld the order, concluding the structure was built after the refuge was established in 1985, lacked SINAC authorization, and that legislation (Wildlife Conservation Law, Forestry Law) prohibits constructions in protected areas within the state's natural heritage, regardless of whether the refuge is state-owned, mixed, or private. It underscores the inalienability and unseizability of forested lands and the obligation to restore protected areas.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "wildlife-law-7317", "forestry-law-7575", "criminal-environmental" ], "date": "12/07/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1104626.json", "html_url": "/legal/doc/nexus-sen-1-0034-1104626", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1104626" }, { "id": "nexus-sen-1-0034-1107081", "citation": "Res. 00012-2022 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inalienability of the southern border strip and nullity of INDER land transfer", "title_es": "Inalienabilidad de la franja fronteriza sur y nulidad de traspaso del INDER", "summary_en": "The Administrative Court partially annuls a 2005 INDER board resolution that segregated and transferred a parcel of the Asentamiento Amalia Hernández Piedra, partially located within the southern 2,000‑meter border strip with Panama. The court holds that lands in this zone are public‑domain assets, inalienable, imprescriptible, and unseizable by mandate of the Land and Colonization Law (Law 2825, Art. 7(f)) and earlier legislation. The INDER’s 2016 declaration of harm to public interest is upheld because the administrative act of adjudication is absolutely null due to defects in its motive, content, and purpose. Consequently, the transfer deed, the registration entry, and the mortgage lien in favor of Banco de Costa Rica are also annulled, since good‑faith reliance on the registry cannot validate void acts pertaining to public‑domain property. No costs are awarded.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "24/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1107081.json", "html_url": "/legal/doc/nexus-sen-1-0034-1107081", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1107081" }, { "id": "nexus-sen-1-0034-1107271", "citation": "Res. 00018-2022 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "EPR Cannot Force Current Owner to Constitute Unregistered Easement", "title_es": "EPR no puede obligar a propietario actual a constituir servidumbre no inscrita", "summary_en": "The Administrative Court dismisses the claim of Empresa Propietaria de la Red (EPR) seeking to compel the current property owner to execute an easement deed for the SIEPAC electric transmission line. The easement had been agreed in 2005 with the prior possessor, who was compensated, but it was never recorded in the National Registry. Later, the property was registered, subdivided, merged, and sold to the defendant in 2018 without any easement appearing on record. The Court holds that, absent registration, the easement is unenforceable against third-party purchasers who relied on the registry's public records. It also denies the subsidiary claims: court-ordered easement constitution, acquisition by adverse possession (public entities cannot acquire by prescription), and obligation to respect the 2005 agreement. It stresses that EPR, as a public-service manager, was bound by the principle of legality and should have recorded the encumbrance to make it known to third parties. Costs are imposed on the losing plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1107271.json", "html_url": "/legal/doc/nexus-sen-1-0034-1107271", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1107271" }, { "id": "nexus-sen-1-0034-1108354", "citation": "Res. 00019-2022 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Unlawfulness of transferring a lot in the southern border strip due to inalienability", "title_es": "Improcedencia del traspaso de parcela en franja fronteriza sur por inalienabilidad", "summary_en": "The Administrative Litigation Tribunal Section II upholds an action for lesividad filed by INDER, partially annulling the board agreement that authorized the segregation and transfer of a lot from Settlement [Nombre 003] to private individuals, as well as the public deed and corresponding registry entries. The court finds that the property is partially located within the 2,000-meter southern border strip with Panama, which is inalienable and public domain under Article 7(f) of Law 2825 and historic regulations dating back to 1926. It relies on the doctrine of demanial assets, emphasizing they are imprescriptible, unseizable, and inalienable, and their removal from public domain requires a formal law. The Constitutional Chamber has reinforced this protection for reasons of sovereignty, national security, and environmental protection. The administrative act is absolutely null due to defects in its motive, content, and purpose. The creditor bank is not affected after the claim against it was withdrawn, and the defendants' acquiescence allows nullity with no cost order.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "11/03/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1108354.json", "html_url": "/legal/doc/nexus-sen-1-0034-1108354", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1108354" }, { "id": "nexus-sen-1-0034-1112964", "citation": "Res. 00828-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment for lack of judicial inspection in protected wilderness area", "title_es": "Anulación por falta de reconocimiento judicial en área silvestre protegida", "summary_en": "The Agrarian Tribunal annuls a judgment that had approved a possessory information proceeding over an 11.7 ha plot located within the Barra del Colorado Wildlife Refuge, created in 1985. The Attorney General's Office appealed, arguing that possession prior to the land becoming public domain was not proven, ecological possession was not accredited, and res judicata applied due to a previous unsuccessful proceeding. The Tribunal does not yet rule on the merits, but finds that a judicial on-site inspection is essential before issuing a judgment. It holds that although the law does not require an inspection for parcels under 30 hectares, it is advisable when the property lies within protected wilderness areas, in order to verify ecological possession. It annuls the appealed judgment and orders the lower court to conduct the inspection and then issue a new decision properly weighing the testimonial evidence on ecological possession.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "30/08/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1112964.json", "html_url": "/legal/doc/nexus-sen-1-0034-1112964", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1112964" }, { "id": "nexus-sen-1-0034-1118621", "citation": "Res. 00066-2022 Tribunal Contencioso Administrativo Sección VIII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of environmental viability for omission of protected wetland", "title_es": "Nulidad de viabilidad ambiental por omisión de humedal protegido", "summary_en": "The Administrative Court dismisses the lawsuit of Marina Resort Moín S.A. against the annulment by MINAE and the Comptroller General of the environmental viability granted in 2008 for a tourist project in Moín, Limón. The company sought nullity of multiple administrative acts that revoked the permit, arguing that the viability was final and created acquired rights. The court concludes that the original act incurred absolute, evident, and manifest nullity by ignoring the existence of the Cariari National Wetland, a protected wildlife area. The project impacts on this ecosystem were not analyzed, violating environmental regulations. Although the company invoked procedural errors and prescription, the ruling validates the Administration's power to annul acts declaring rights when the defect is serious and notorious. Claims for compensation are rejected and the administrative annulment is confirmed.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "22/07/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1118621.json", "html_url": "/legal/doc/nexus-sen-1-0034-1118621", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1118621" }, { "id": "nexus-sen-1-0034-1118912", "citation": "Res. 00414-2022 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary measure denied against INDER eviction for lack of legal title", "title_es": "Rechazo de medida cautelar ante desalojo del INDER por falta de título habilitante", "summary_en": "The Administrative Court denies the precautionary measure sought by two occupants of Lot 16 in the Sansi Settlement, who attempted to suspend an administrative eviction ordered by the Rural Development Institute (INDER). The applicants argued the eviction proceeding was null due to notification defects, lack of document disclosure, and INDER's lack of standing, given a prior adjudication to third parties. The Court examines the three requirements for a precautionary measure: appearance of a good right, danger in delay, and balancing of interests. While it acknowledges the existence of a questionable administrative act and the harm eviction would cause, it finds the balancing of interests is not met, because INDER has been the registered owner since 2014 and the occupants lack any legal title. Moreover, the new adjudicatees, joined as necessary passive co-parties, hold a right protected by Article 45 of the Constitution. The previously granted provisionalísima measure is lifted.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "13/07/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1118912.json", "html_url": "/legal/doc/nexus-sen-1-0034-1118912", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1118912" }, { "id": "nexus-sen-1-0034-1125530", "citation": "Res. 00972-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict liability for agrochemical damage between neighboring landowners", "title_es": "Responsabilidad objetiva por daños con agroquímicos entre colindantes", "summary_en": "The Agrarian Tribunal hears an appeal in a possessory interdict (amparo de posesión) filed by a farmer against his neighbor, whom he accuses of applying a chemical from his property that damaged plants and a living fence in the boundary area. The lower court upheld the claim, ordering the defendant to refrain from burning, to pay damages, and to bear costs. The defendant appealed, arguing lack of passive standing and erroneous weighing of evidence. The Agrarian Tribunal partially reverses the ruling regarding costs, considering the defendant is elderly and acted in good faith, but affirms the remainder based on the theory of created risk and strict liability, inferring that the harm originated from the land in the defendant’s possession and that he failed to rebut the causal link. Article 54 of the Agrarian Jurisdiction Law and Articles 106.1 and 106.2 of the Civil Procedure Code are applied.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779" ], "date": "07/10/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1125530.json", "html_url": "/legal/doc/nexus-sen-1-0034-1125530", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1125530" }, { "id": "nexus-sen-1-0034-1127620", "citation": "Res. 00017-2022 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullification of Land Titles on Maritime Zone and Ostional Refuge", "title_es": "Nulidad de tierras inscritas sobre zona marítimo-terrestre y Refugio Ostional", "summary_en": "The Administrative Court annulled 16 properties and their cadastral maps in Guanacaste, owned by four companies, after finding they encompass public domain lands: the maritime-terrestrial zone (MTZ), mangroves, and part of the Ostional National Wildlife Refuge. The ruling confirms the applicability of the 'lesividad' procedure to protect public domain assets, which is not subject to statutes of limitations or expiration. The defendants' exceptions are dismissed, including the argument that mangroves, as wetlands and equivalent reserves, are excluded from Law 6043. The Court holds that Law 6043 applies regarding the delimitation of public and restricted zones, and that registration cannot validate the occupation of inalienable lands. The cancellation of titles is ordered, and costs are imposed on the defendants.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "21/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1127620.json", "html_url": "/legal/doc/nexus-sen-1-0034-1127620", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1127620" }, { "id": "nexus-sen-1-0034-1128476", "citation": "Res. 00013-2022 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of SINAC acts for extensive interpretation of Article 5 of Decree 25902 in Río Grande protected zone", "title_es": "Nulidad de actos del SINAC por interpretación extensiva del artículo 5 del Decreto 25902 en zona protectora Río Grande", "summary_en": "The Second Section of the Contentious Administrative Tribunal adjudicates a claim by Rosario Development Corporation S.A. against SINAC and the State following the denial of cadastral approval for 27 survey plans covering land within the Río Grande Protected Zone in Naranjo. SINAC rejected the applications based on Article 5 of Executive Decree No. 25902-MIVAH-MP-MINAE, which prohibits subdivisions smaller than 5 hectares in the \"Special Forest Protection Zones\" of the Greater Metropolitan Area (GAM). The claimant argued that its property lies in the Rosario district of Naranjo, a territory explicitly excluded from the GAM’s urban control area under Article 1 of the decree, and that the subdivision restriction was therefore inapplicable. After a detailed historical and systematic review of decrees 6112-A, 13583, 25902, and 38334, the Tribunal finds that Naranjo is outside the GAM’s urban‑control boundaries. It holds that SINAC’s interpretation of Article 5 was unjustifiably broad, applying metropolitan land‑use restrictions to a protected zone that, while subject to environmental rules, is not covered by that planning framework. Consequently, the court declares the absolute nullity of the 27 field‑inspection reports and all subsequent resolutions denying approval, for a defect in the basis and reasoning of the acts, and orders SINAC to issue a new decision respecting only the restrictions set out in Decree 6112‑A and applicable environmental law, without relying on Decree 25902. The request that the court itself grant the approvals is denied as beyond its jurisdiction; costs are awarded against the defendants. The judgment stresses that urban development fully impacts the environment, and that plan approval in protected areas must observe the precautionary and in dubio pro natura principles, but administrative authorities may not extend metropolitan planning regulations to territories they do not govern.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "subdivision-fraccionamiento", "procedural-environmental" ], "date": "25/02/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1128476.json", "html_url": "/legal/doc/nexus-sen-1-0034-1128476", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1128476" }, { "id": "nexus-sen-1-0034-1128667", "citation": "Res. 00424-2022 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "State Need Not Be Joined in Expropriation Suit for Indigenous Reserve Lands", "title_es": "Improcedencia de integrar al Estado en litis por expropiación de tierras en reserva indígena", "summary_en": "The Court of Appeals for Administrative and Civil Tax Matters upholds the denial of the defense of failure to join necessary parties. INDER sought to join the State, the Quitirrisí Indigenous Development Association, and SINAC in a case where a defendant company counterclaimed against INDER and CONAI for failing to conduct expropriation proceedings for lands within the indigenous reserve. The court majority holds that in civil tax matters, the plaintiff and counterclaimant decide against whom to direct their action, unless joinder is required by law. Under the Indigenous Law, the obligation to expropriate falls exclusively on INDER, in coordination with CONAI; the source of funds is a matter of internal administrative coordination. The association need not be joined because CONAI represents its interests, and SINAC’s involvement is unwarranted because the environmental status of the land is not directly relevant to the compensation claim. Judge González Vilchez dissents, arguing the State must be joined because it finances indemnifications under Article 5 of the Indigenous Law.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "property-and-titling" ], "date": "25/11/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1128667.json", "html_url": "/legal/doc/nexus-sen-1-0034-1128667", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1128667" }, { "id": "nexus-sen-1-0034-1135232", "citation": "Res. 01188-2022 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Land Titling in Los Santos Forest Reserve via Possessory Information Proceeding", "title_es": "Titulación de terreno en Reserva Forestal Los Santos mediante información posesoria", "summary_en": "The Agrarian Court upholds the ruling that granted a possessory information proceeding filed by an individual to title a 1,786 m² plot located in Copey de Dota, within the Los Santos Forest Reserve (created in 1975). The Attorney General's Office appealed, alleging failure to prove decennial possession prior to the protected area designation and lack of ecological possession. The Court rejects both grievances. It finds that the testimonial evidence, assessed under the free evidentiary evaluation system of agrarian jurisdiction, establishes a possessory chain dating back to the 1950s, thus meeting the requirement of Article 7 of the Possessory Information Law to prove possession for at least ten years before the reserve's creation (prior to 1965). Furthermore, it considers that permanent crops of avocado, soursop, and other fruit trees constitute compliant land use and do not harm natural resources, thereby satisfying the ecological possession requirement.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "15/12/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-0034-1135232.json", "html_url": "/legal/doc/nexus-sen-1-0034-1135232", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1135232" }, { "id": "nexus-sen-1-0034-1135697", "citation": "Res. 00036-2023 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullification of criminal sentence for manú logging in Tenorio National Park", "title_es": "Nulidad de sentencia penal por tala de manú en Parque Nacional Tenorio", "summary_en": "The Criminal Appeals Court of the Third Judicial Circuit of Alajuela, San Ramón, entirely annulled the conviction by the Trial Court of Ciudad Quesada against two defendants for illegal logging and timber exploitation. The original ruling imposed prison sentences commuted to fines, conditional execution benefit, and civil damages for environmental harm. The appeals court identified a critical error in the evidentiary assessment: the trial judge accepted that the events took place on November 28, 2020—the date of the inspection and seizure—while testimony from SINAC officials and park rangers indicated the cutting and sawing of the manú tree had occurred several days earlier. This contradiction was not examined, violating the rules of sound criticism and the principle of correlation between accusation and judgment. The case was remanded for new proceedings.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "20/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1135697.json", "html_url": "/legal/doc/nexus-sen-1-0034-1135697", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1135697" }, { "id": "nexus-sen-1-0034-1138177", "citation": "Res. 00044-2023 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Restitution and bank liability for invasion of a protected area", "title_es": "Restitución al estado original y responsabilidad del banco por invasión de zona de protección", "summary_en": "The Criminal Appeals Court of Guanacaste upholds the conviction for invasion of a protected area of the Chipanzo River and orders restitution to the original state through complete demolition of all structures within the ten-meter protection zone. The appeals of the accused and Banco Popular are dismissed, finding that the pre-existing construction was demolished and replaced by a new one that fully invaded the buffer zone, without municipal permits and in violation of the forestry setback. The court extends the demolition order to include the property-owning corporation as jointly liable, and holds Banco Popular responsible for the deterioration of its mortgage guarantee due to inadequate supervision of the credit, which was approved for remodeling rather than the new construction that encroached on the protected area.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "30/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1138177.json", "html_url": "/legal/doc/nexus-sen-1-0034-1138177", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1138177" }, { "id": "nexus-sen-1-0034-1140098", "citation": "Res. 00032-2018 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of land adjudication in maritime-terrestrial zone for lesivity", "title_es": "Nulidad de adjudicación de lotes en zona marítimo terrestre por lesividad", "summary_en": "The Administrative Contentious Tribunal grants the INDER's lesivity claim, annulling the 1995 board agreement that adjudicated two lots (9 and 11-1) in Bahía settlement, Osa, Puntarenas, to an environmental association. The ruling finds that both properties are part of the maritime-terrestrial zone (affected by tidal ingress, the Uvita River estuary, and in lot 11-1 also by State Natural Heritage as wetland), making them inalienable and imprescriptible public domain assets. The defenses of expiration and prescription are rejected due to their demanial nature. The court declares the absolute nullity of the agreement and the corresponding registry entries, ordering registration in the name of the State. Costs are not imposed on the defendant due to good faith litigation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "15/03/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-1140098.json", "html_url": "/legal/doc/nexus-sen-1-0034-1140098", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1140098" }, { "id": "nexus-sen-1-0034-1142146", "citation": "Res. 00030-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over lands within State Natural Heritage", "title_es": "Competencia agraria para terrenos en Patrimonio Natural del Estado", "summary_en": "The Agrarian Tribunal overturns the lower court’s decision declining jurisdiction in a case where privately registered lands overlap with Braulio Carrillo National Park and La Selva Protective Zone. It holds that agrarian courts are competent to hear declaratory real actions and rectification of land registry entries even when the properties form part of the State Natural Heritage, because environmental protection is a cross-cutting duty of all jurisdictional bodies under Articles 50 and 69 of the Constitution. It applies Article 108 of the Biodiversity Law and underscores that the criteria for defining an agrarian holding must adapt to modern technologies. The case is remanded to the lower court for continued proceedings.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "biodiversity-law-7788" ], "date": "24/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1142146.json", "html_url": "/legal/doc/nexus-sen-1-0034-1142146", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1142146" }, { "id": "nexus-sen-1-0034-1142255", "citation": "Res. 00143-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Transfer of INDER parcel is void even if limitations have expired", "title_es": "Traspaso de parcela con limitaciones del INDER es nulo aunque las limitaciones estén vencidas", "summary_en": "The Agrarian Court upholds the ruling that revoked the allocation of a parcel granted by INDER under the Land and Colonization Law. The allottees breached their obligations by allowing indirect exploitation by a third party without authorization, bequeathing the parcel, and transferring it to a company they represented while social-interest restrictions were in effect and revocation proceedings were pending. The Court rejects the allottees' appeal, which argued that the restrictions had expired and that the sharecropping agreement with a third party was constitutionally protected. It holds that the administrative proceeding initiated by INDER before the expiry of the restrictions interrupted the time limit, keeping the revocation claim alive. The transfer and legacy are declared absolutely void for violating public-order norms, and the land must revert to INDER.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "20/02/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1142255.json", "html_url": "/legal/doc/nexus-sen-1-0034-1142255", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1142255" }, { "id": "nexus-sen-1-0034-1149512", "citation": "Res. 00231-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Land titling in Los Santos Forest Reserve through possessory information", "title_es": "Titulación de terreno en Reserva Forestal Los Santos mediante información posesoria", "summary_en": "The Agrarian Court reversed the lower court's decision and granted the possessory information requested by María Eduvigis Valderramos Solano for a 113,444 m² mountain property within the Los Santos Forest Reserve. The applicant proved a chain of possession dating back to the 1960s, totaling over sixty years of uninterrupted, public, peaceful possession as owner, including that of her transferor Antonio de Jesús Solano Montoya. Compliance with Article 7 of the Possessory Information Law was demonstrated, as the ten-year possession predates the reserve's creation in 1975. The court relied on a judicial inspection that confirmed protection of the spring and forest cover, plus a soil use compliance report from INTA, rejecting the Attorney General's arguments about oak groves or a former national park. It ordered registration of the property with restrictions under the Forestry Law, Water Law, and Public Roads Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "16/03/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1149512.json", "html_url": "/legal/doc/nexus-sen-1-0034-1149512", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1149512" }, { "id": "nexus-sen-1-0034-1149539", "citation": "Res. 00260-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ecological possession and titling of forested land in national reserves", "title_es": "Posesión ecológica y titulación de terrenos con bosque en reservas nacionales", "summary_en": "The Agrarian Tribunal upholds a judgment approving possessory information proceedings for land with pasture and forest, rejecting the Attorney General's appeal. The court holds that Article 7 of the Possessory Information Law, interpreted in light of constitutional precedent, permits adverse possession (usucapion) of forested land outside protected wild areas if the claimant proves ten-year possession and protection of the forest resource (ecological possession). It rejects the argument that forest is inalienable public domain, clarifying that the public-domain designation did not affect the land because the possession necessary for usucapion was consolidated before such designation. The 1996 Forestry Law amendment and the evolution of environmental law allow titling such land if possessory and conservation requirements are met, without requiring exclusive personal possession—transmitted possession is also valid.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "28/03/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1149539.json", "html_url": "/legal/doc/nexus-sen-1-0034-1149539", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1149539" }, { "id": "nexus-sen-1-0034-1151705", "citation": "Res. 00030-2023 Tribunal de Apelación Civil y Trabajo Puntarenas Sede Puntarenas Materia Laboral", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Confirmation of Labor Judgment Against Red Cross for Pre-Appointment Period", "title_es": "Confirmación de condena laboral a Cruz Roja por período previo a nombramiento formal", "summary_en": "The Civil and Labor Appeals Tribunal of Puntarenas upheld the lower court ruling in favor of a former lifeguard against the Costa Rican Red Cross Association, ordering payment of wages, vacation, year-end bonus, and severance for the period from December 1, 2018 to March 3, 2019, which the employer had classified as unpaid volunteer work. The trial judge, applying the principle of the primacy of reality, found that a remunerated employment relationship existed during that time based on the worker's relocation to Parrita under the promise of a paid position, the performance of duties under a fixed schedule, and the existence of an economic dependency. The Red Cross appealed, alleging nullity for failure to deliver the ruling orally, violation of the principle of impartiality, and erroneous assessment of evidence, but the Appeals Tribunal dismissed the appeal as vague and unsubstantiated, holding that the appellant did not specifically challenge the trial judge's reasoning. The decision reinforces the labor principle of primacy of reality over the formal labels given to employment relationships.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1151705.json", "html_url": "/legal/doc/nexus-sen-1-0034-1151705", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1151705" }, { "id": "nexus-sen-1-0034-1153219", "citation": "Res. 00497-2023 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict civil liability for environmental damages — Appeals court reverses denial of civil reparations claim", "title_es": "Responsabilidad civil objetiva en daños ambientales — Corte apela rechazo de acción resarcitoria", "summary_en": "This ruling addresses an appeal by the Attorney General's Office against the acquittal and dismissal of a civil damages claim for two defendants accused of invading a protected area and changing land use in the Barra del Colorado National Wildlife Refuge. While the criminal acquittal based on mistake of fact was upheld, the appeals court focused on the civil claim. It found that the lower court failed to apply environmental laws establishing strict civil liability for environmental damages, regardless of fault or intent. The court underscored principles such as \"polluter pays\" and the reversal of the burden of proof, extensively citing Articles 98 and 101 of the Organic Environmental Law and Article 52 of the Soil Use, Management and Conservation Law, along with case law from the Criminal Cassation Chamber and the Constitutional Chamber. Consequently, the ruling partially annuls the decision on civil aspects and orders a rehearing.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "environmental-law-7554", "soil-conservation-7779" ], "date": "14/04/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1153219.json", "html_url": "/legal/doc/nexus-sen-1-0034-1153219", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1153219" }, { "id": "nexus-sen-1-0034-1153350", "citation": "Res. 00538-2023 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest restitution to original state is proper even if defendant is acquitted", "title_es": "Restitución del bosque a su estado original procede aunque se absuelva penalmente al imputado", "summary_en": "The Criminal Sentencing Appeals Court reviewed appeals against a judgment that acquitted three defendants of usurpation, illegal logging, and land-use change, yet ordered restitution of the property to its original forest state, eviction, and demolition of structures. The defendants had occupied a forested estate under a conservation regime and payment for environmental services. The acquittal was based on insufficient evidence of individual participation, applying the in dubio pro reo principle. The defense argued lack of injury from an acquittal based on doubt rather than certainty, and that the restitution order violated possessory rights and exceeded the criminal court's material jurisdiction. The Chamber admitted the appeals but declared the first ground inadmissible for failure to show concrete injury, and rejected the second ground. It held that restitution is a constitutional mandate under Articles 50 and 74 of the Political Constitution, flowing from the principle of forest irreductibility, and may be ordered sua sponte as a direct consequence of proven illicit facts and environmental harm, regardless of the criminal acquittal.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "24/04/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1153350.json", "html_url": "/legal/doc/nexus-sen-1-0034-1153350", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1153350" }, { "id": "nexus-sen-1-0034-1153431", "citation": "Res. 00020-2023 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad granted for titling that omitted land use certificate and ignored PNE", "title_es": "Lesividad acogida por titulación omite uso de suelos e ignora PNE", "summary_en": "The Administrative Litigation Tribunal granted a lesividad action filed by INDER against Carlos María Rojas Sánchez and Hills and Castles EyA S.A., annulling the titling of a 1,327,417 m² parcel in the Puriscal-Parrita Project. The ruling held that the beneficiary failed to submit the “Uso Conforme de Suelos” (land-use conformity) certificate required by Article 58 of the Soil Use Regulation, and that IDA officials disregarded a SINAC certification warning of the presence of State Natural Heritage (PNE) on the parcel. Both defects constitute absolute nullity of the administrative act, for lack of the “motive” element and for violating prohibitory provisions of the Forestry Law that declare such lands inalienable and imprescriptible. Additionally, the regulation underpinning the titling was declared unconstitutional with retroactive effects, reinforcing the act’s legal nonexistence. The court ordered cancellation of the transfer deed, cancellation of the registry entry, and restitution of the property to the State under SINAC administration, with no costs awarded due to sufficient grounds for litigation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "procedural-environmental" ], "date": "03/03/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1153431.json", "html_url": "/legal/doc/nexus-sen-1-0034-1153431", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1153431" }, { "id": "nexus-sen-1-0034-1153512", "citation": "Res. 00111-2023 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial annulment of municipal agreement imposing reforestation in a protected zone without technical basis", "title_es": "Anulación parcial de acuerdo municipal que imponía reforestación en zona de protección sin respaldo técnico", "summary_en": "The Administrative Appeals Court hears an appeal against a Cartago Municipal Council agreement that, in granting land-use for a private property partially within the Cerros de la Carpintera Protected Zone, ordered reforestation of 50% of the land. The court analyzes the conflict between property rights and environmental protection, and the overlapping powers of the municipality and SINAC in protected wild areas. It finds the municipal agreement lacked technical precision to impose reforestation and that the municipality lacks jurisdiction over land use within the protected zone, which is exclusively for the Executive Branch through SINAC. The appeal is partially granted: the already-allowed 50% industrial use is upheld, the reforestation obligation is annulled, and the municipality is ordered to rule solely on the remaining 5% of the land outside the protected zone, without imposing further environmental restrictions.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "22/03/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1153512.json", "html_url": "/legal/doc/nexus-sen-1-0034-1153512", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1153512" }, { "id": "nexus-sen-1-0034-1154810", "citation": "Res. 00016-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Labor Court Jurisdiction for Municipal Employment Disputes", "title_es": "Incompetencia del Tribunal Contencioso en conflicto laboral municipal", "summary_en": "The Administrative Appeals Tribunal reviews an appeal filed by María Morales Villafuerte against two resolutions of the Municipality of Corredores. The contested resolutions ordered the unilateral termination of a 2009 commitment agreement and the transfer of the official from the position of Environmental Manager to that of Secretary Assistant, with salary adjustment. The Tribunal examines its jurisdiction as a non-hierarchical legality reviewer over municipal acts and concludes that it lacks subject-matter jurisdiction, as the appealed acts are purely employment-related. Its decision is grounded on Articles 159 and 170 of the Municipal Code, which exclude labor matters assigned to the Mayor's Office from the Tribunal's review. It cites Supreme Court precedent (case 000174-C-S1-2015) in support. Consequently, the Tribunal declares itself incompetent and orders the case transferred to the Civil and Labor Court of Corredores, to be heard by the labor jurisdiction as improper hierarchical superior.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1154810.json", "html_url": "/legal/doc/nexus-sen-1-0034-1154810", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1154810" }, { "id": "nexus-sen-1-0034-1155274", "citation": "Res. 00004-2023 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of Compensation Claim for Environmental Viability Denial over Pochotal Lagoon Wetland", "title_es": "Improcedencia de indemnización por archivo de viabilidad ambiental sobre humedal Laguna Pochotal", "summary_en": "The Administrative Appeals Tribunal dismisses the lawsuit brought by La Residencia Soñada de Costa Rica Tres S.A. against the State and SINAC, seeking compensation for damages resulting from a determination that 78% of its property lay within the Pochotal Lagoon Wetland and its protection zone, which prevented the development of the real estate project Villas Villa Bella.\n\nThe company claimed that SETENA's denial of environmental viability and the delimitation of the wetland caused an economic loss of US$2,430,000 plus lost profits. However, the Tribunal finds the claim inadmissible because the plaintiff failed to challenge the validity of the administrative acts that established the wetland's boundaries (SETENA decisions and the SINAC memorandum determining the 78% overlap) and failed to argue that the damage arose from lawful or normal administrative conduct causing a special sacrifice. Without an adequate basis for imputing liability, the court rules that the State cannot be held liable, upholds the defense of lack of standing, and awards costs against the plaintiff.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "water-law" ], "date": "30/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1155274.json", "html_url": "/legal/doc/nexus-sen-1-0034-1155274", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1155274" }, { "id": "nexus-sen-1-0034-1155301", "citation": "Res. 00021-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Domain third-party claim excludes Crucitas project properties from enforcement", "title_es": "Tercería de dominio excluye fincas del proyecto Crucitas de ejecución", "summary_en": "The Administrative Appeals Court grants a domain third-party claim (tercería de dominio) filed by Reforestación Industrial Los Nacientes S.A., which acquired five properties formerly owned by Industrias Infinito S.A.—the company behind the Crucitas mining project. The claimant asserted ownership of the properties on which a notice of pending litigation (anotación de demanda) had been placed during the enforcement proceedings for environmental damages. The court applies the principles of publicity and priority of registration under Articles 455 and 456 of the Civil Code, along with procedural rules for third-party claims. It finds that the sales deed was filed with the National Registry on August 11, 2015, at 11:41 a.m., while the notice of pending litigation was filed on August 13, 2015, at 12:04 p.m. Because the real property right was first in time, it prevails over the personal right of the creditors. The court orders the removal of the notices of pending litigation from the properties, excluding them from the enforcement process. The decision does not address any possible simulation of the transaction, as that is beyond the scope of this procedural mechanism.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1155301.json", "html_url": "/legal/doc/nexus-sen-1-0034-1155301", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1155301" }, { "id": "nexus-sen-1-0034-1155432", "citation": "Res. 00090-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of preliminary ruling exception for distinct objects and possible joinder of proceedings concerning mining concession and disturbances on Río Cañas", "title_es": "Rechazo de prejudicialidad por objetos distintos y posible acumulación de procesos sobre concesión minera y perturbaciones en Río Cañas", "summary_en": "The Administrative Contentious Court resolves a preliminary ruling exception raised by the defendant, Proyecto La Macha de Quepos S.A., in a knowledge proceeding where the plaintiff, Alfredo Chavarría Ferraro, seeks the demolition of a bridge built over the Cañas River and the cessation of disturbances to his mining concession right. The court finds that the main object of this proceeding (the demolition of an unlicensed bridge) differs from the object of case file 16-006698-1027-CA, which addresses registry irregularities and disturbances through fences and boundary markers on the same river. It concludes there is no preliminary ruling requirement because one proceeding's outcome does not condition the other's. Nevertheless, the court notes that both proceedings share a common factual and evidentiary root—the plaintiff's concession and the defendant's disturbing acts—and thus there is a risk of contradictory rulings. Therefore, while the preliminary ruling exception is denied, the court orders a hearing for the parties to consider joinder of the proceedings under Article 47 of the Administrative Contentious Procedure Code.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "25/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1155432.json", "html_url": "/legal/doc/nexus-sen-1-0034-1155432", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1155432" }, { "id": "nexus-sen-1-0034-1155530", "citation": "Res. 00121-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Writ of legality for TAA inaction resolved by belated compliance", "title_es": "Amparo de legalidad por omisión de respuesta del TAA resuelto por cumplimiento tardío", "summary_en": "The University of Costa Rica filed a writ of legality against the State, specifically against the Environmental Administrative Tribunal (TAA), alleging failure to resolve a substantive request submitted on February 28, 2022, and an appeal for reversal and motion to lift a precautionary measure filed on April 1, 2022. The Contentious-Administrative Tribunal admitted the complaint and gave the State the fifteen-business-day period provided in Article 35.2 of the Contentious-Administrative Procedure Code to remedy the inaction. Within that period, the administrative resolution 1250-22-TAA was notified, thereby satisfying the obligation. The defenses of lack of jurisdiction and lis pendens were rejected because they pertained to different matters. Consequently, the tribunal ordered the case closed without an award of costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1155530.json", "html_url": "/legal/doc/nexus-sen-1-0034-1155530", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1155530" }, { "id": "nexus-sen-1-0034-1155932", "citation": "Res. 00034-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Injunctive Relief Against Suspension of Discharge Permit", "title_es": "Denegatoria de medida cautelar contra suspensión de permiso de vertido", "summary_en": "Berthier Ebi de Costa Rica S.A., operator of the Limón Environmental Technology Park, sought urgent injunctive relief to suspend MINAE's indefinite suspension of its treated wastewater discharge permit. The Water Directorate of MINAE based the suspension on its finding that the receiving water body (a creek) lacked permanent flow—a sine qua non condition of the permit. Although the court found a prima facie case (fumus boni iuris), it denied the injunction for failure to prove danger in delay: the alleged serious economic harm was not demonstrated with objective evidence. Furthermore, in balancing the competing interests, the public environmental interest prevailed, as the administrative requirements imposed were designed to improve the discharge activity and protect the environment, applying the in dubio pro natura principle. The previously granted interim provisional measure was lifted.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "24/01/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1155932.json", "html_url": "/legal/doc/nexus-sen-1-0034-1155932", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1155932" }, { "id": "nexus-sen-1-0034-1157778", "citation": "Res. 00153-2023 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Exclusion of the Public Prosecutor in retrial due to procedural inertia", "title_es": "Exclusión del Ministerio Público en juicio de reenvío por inercia procesal", "summary_en": "The Guanacaste Criminal Appeals Court annuls a conviction for illegal acquisition of forest products due to an absolute procedural defect: the trial judge excluded the Public Prosecutor from the retrial, reasoning that the Prosecutor's Office had not appealed the prior acquittal. The Court finds this exclusion violates Article 178 of the Criminal Procedure Code, which safeguards prosecutorial initiative and participation. It emphasizes that there is no procedural sanction barring the Prosecutor from intervening in a retrial. A new trial is ordered with a different judge and mandatory prosecutorial presence. The case arises from the seizure of cocobolo wood, an endangered species, transported without legal documentation.", "primary_topic_id": null, "topic_ids": [], "date": "29/03/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1157778.json", "html_url": "/legal/doc/nexus-sen-1-0034-1157778", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1157778" }, { "id": "nexus-sen-1-0034-1161538", "citation": "Res. 00269-2023 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Absolution revoked for erroneous evidence assessment in illegal forest harvesting", "title_es": "Absolución revocada por errónea valoración de prueba en aprovechamiento forestal ilegal", "summary_en": "The Criminal Appeals Tribunal of Guanacaste overturned the acquittal of municipal official María Wilman Acosta Gutiérrez, who was charged with illegal forest harvesting. The trial court had absolved her, applying the in dubio pro reo principle, on the grounds that it was not proven that municipal worker Jimmy Vega Rodríguez had cut the Cocobolo and Guanacaste trees or that the accused had given the order. The appeal, filed by the Attorney General's Office and the Public Prosecutor, argued errors in the assessment of circumstantial evidence and lack of comprehensive analysis. The Appeals Chamber granted the appeals, finding that the trial court failed to properly weigh documentary and testimonial evidence, ignoring key indicators such as the size of the confiscated chainsaw, the presence of fresh sawdust, and the worker's initial statements. The court declared the acquittal void in its entirety, including the civil damages claim, and ordered a retrial with a different judicial panel.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "02/06/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1161538.json", "html_url": "/legal/doc/nexus-sen-1-0034-1161538", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1161538" }, { "id": "nexus-sen-1-0034-1161669", "citation": "Res. 00208-2023 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment for erroneous concurrence determination in environmental and drug crimes", "title_es": "Anulación por errónea determinación de concursos en delitos ambientales y narcotráfico", "summary_en": "The Cartago Criminal Sentencing Appeals Court annuls a trial court ruling that had convicted several defendants for environmental crimes, illicit association, and drug trafficking, imposing sentences of up to 15 years. The defense argued lack of reasoning due to improper application of material concurrence instead of ideal concurrence, claiming that all acts (logging, invasion, land-use change, cannabis cultivation) shared a single final factor: growing marijuana in a national park. The appeals court grants the claim, finding that the trial court only examined the group's 'general plan' without analyzing whether there was a unity of action in the specific case, an error that taints the entire sentencing decision. The case is remanded for a new hearing with a different panel, and the court refrains from ruling on the prosecution's appeal, which sought harsher penalties.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "29/05/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1161669.json", "html_url": "/legal/doc/nexus-sen-1-0034-1161669", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1161669" }, { "id": "nexus-sen-1-0034-1167817", "citation": "Res. 00519-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling land with forest through possessory information and ecological possession", "title_es": "Titulación de terreno con bosque mediante información posesoria y posesión ecológica", "summary_en": "The Agrarian Court upheld the ruling that approved the possessory information proceedings brought by Denia María Prendas Segura concerning a 9,068 m² property consisting of pastureland and forest in Horquetas, Sarapiquí, located outside any protected wilderness areas. The Attorney General's Office appealed, arguing that the forest constitutes inalienable and imprescriptible State Natural Heritage and that no possessory title predating the public domain designation was proven. The Court rejected the arguments, holding that the evolution of legislation and constitutional case law permit titling of forested land if ecological possession is demonstrated—i.e., the forest resource has been conserved for more than ten years, whether the possession is personal or transmitted. It was shown that the applicant had exercised sustainable possession with land use in conformity with a soil conservation certificate from INTA, that fences separated pasture and forest areas to conserve the forest, and that all requirements of the Possessory Information Law were met, including Article 7 as amended by the Forestry Law. Accordingly, the registration in her name was confirmed, subject to the restrictions of the Forestry, Waters, and Public Roads Laws.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "26/06/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1167817.json", "html_url": "/legal/doc/nexus-sen-1-0034-1167817", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1167817" }, { "id": "nexus-sen-1-0034-1177820", "citation": "Res. 00558-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling land in a protected area requires ten-year possession prior to the creation decree", "title_es": "Titulación de terreno en área protegida requiere posesión decenal anterior al decreto de creación", "summary_en": "The Agrarian Court confirms the registration of a property through possessory information proceedings, despite it being located within the Río Macho Forest Reserve. The appellant argued that the land was affected by public domain under previous regulations, such as the two-kilometer strip along the Inter-American Highway and its declaration as a National Park. Applying the free appraisal of evidence under Article 54 of the Agrarian Jurisdiction Law, the Court validated the testimony that established possession since 1950, prior to the reserve creation decree in 1964. It held that Article 7 of the Possessory Information Law defaced the prior regulatory scheme, allowing titling if decennial possession before the protected area's creation is demonstrated. The Court also endorsed the lower court's finding of ecological possession, given insufficient evidence of significant harm to natural resources.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "05/07/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1177820.json", "html_url": "/legal/doc/nexus-sen-1-0034-1177820", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1177820" }, { "id": "nexus-sen-1-0034-1181670", "citation": "Res. 01016-2023 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Criminal acquittal does not bar civil liability, but causal link must be proven", "title_es": "Absolución penal no impide condena civil, pero debe probarse nexo causal", "summary_en": "The Criminal Appeals Court of the Second Judicial Circuit of San José heard the appeal filed by the defense of the accused and civil defendant, who had been acquitted in the criminal proceedings for illegal harvesting of forest resources but ordered to pay environmental damages in the civil claim. The appeal was granted and the judgment partially reversed. The appeals court upheld the criminal acquittal due to lack of evidence linking the accused to the felling or harvesting of trees beyond the permit. Regarding the civil damages claim, the court noted that civil liability can attach despite a criminal acquittal, but found that the causal link between the defendant’s conduct and the alleged environmental damage was not proven, nor was any theory of imputation established. No expert evidence quantifying the damage was presented. The civil claim was therefore dismissed, without awarding costs against the State given reasonable grounds to litigate.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "07/08/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1181670.json", "html_url": "/legal/doc/nexus-sen-1-0034-1181670", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1181670" }, { "id": "nexus-sen-1-0034-1181733", "citation": "Res. 01098-2023 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Criminal action for land-use change does not prescribe while its effects persist", "title_es": "No prescribe acción penal en delito de cambio de uso del suelo mientras persistan sus efectos", "summary_en": "The Criminal Appeals Court of San José overturned a definitive dismissal based on prescription for a defendant accused of invading a protected area, changing land use, illegal logging, and draining a wetland in Tortuguero National Park. The appeal argued these crimes are permanent or have permanent effects, meaning prescription only starts when environmental harm ceases. The court agreed, unifying criteria under Third Chamber precedent (ruling 2022-00691), and held that land-use change is a crime of permanent effects: so long as invasive works remain and the ecosystem is unregenerated, the criminal action does not prescribe. Since cessation of the effects was not proven, the case was sent back for a new trial with a different panel.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "24/08/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1181733.json", "html_url": "/legal/doc/nexus-sen-1-0034-1181733", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1181733" }, { "id": "nexus-sen-1-0034-1182102", "citation": "Res. 00218-2023 Tribunal de Apelación Civil y Trabajo Heredia Sede Heredia Materia Laboral", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of appeal against denial of revocation in special jurisdiction proceeding", "title_es": "Inadmisibilidad del recurso de apelación contra denegatoria de revocatoria en proceso de fuero especial", "summary_en": "The Civil and Labor Appeals Tribunal of Heredia, in a ruling dated August 28, 2023, declared inadmissible an appeal filed by the plaintiff in a special jurisdiction proceeding against the Ministry of Public Education. The plaintiff challenged the order that dismissed a revocation motion filed against a prior ruling. The Tribunal determined that the appealed order — which merely denied the revocation — does not appear in the exhaustive list of appealable orders established in Article 583 of the Labor Code. Moreover, under the supplementary application of Article 66.1 of the Civil Procedure Code, an order denying a revocation is not subject to any appeal. Consequently, the appeal was declared inadmissible, without addressing the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/08/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1182102.json", "html_url": "/legal/doc/nexus-sen-1-0034-1182102", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1182102" }, { "id": "nexus-sen-1-0034-1185898", "citation": "Res. 02331-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad upheld on parcel of State Natural Heritage titled by IDA", "title_es": "Lesividad declarada sobre parcela del Patrimonio Natural del Estado titulada por el IDA", "summary_en": "The Administrative Litigation Court annulled a 2004 decision by the former Agrarian Development Institute (IDA) that had titled parcel 13-C-1501 of the Zona Norte Project to a private individual. The court found that the 7-hectare mountainous property in Bijagua, Upala, was part of the State Natural Heritage (Patrimonio Natural del Estado) under Articles 13, 14 and 15 of Forestry Law 7575, making it inalienable and imprescriptible. The titling lacked the mandatory land-use compliance studies and violated the prohibition on transferring public-domain assets. The Constitutional Chamber had already annulled the regulation supporting such titlings in 2007, with retroactive effect. The court upheld INDER's lesividad claim, declared the absolute nullity of the agreement, the transfer deed and the land registry entries, and maintained the precautionary measure to recover the land. The defense of lack of right was rejected; no costs were awarded because there was sufficient reason to litigate.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "procedural-environmental" ], "date": "21/08/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1185898.json", "html_url": "/legal/doc/nexus-sen-1-0034-1185898", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1185898" }, { "id": "nexus-sen-1-0034-1186164", "citation": "Res. 00745-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment for Omissive Judgment in Possessory Information with State Opposition", "title_es": "Anulación por sentencia omisa en información posesoria con oposición estatal", "summary_en": "The Agrarian Tribunal annulled the lower court ruling that approved a possessory information proceeding brought by Refugio de los Pumas S.A. over a 50-hectare property in Paquera, Puntarenas. The Attorney General's Office had opposed the proceeding, arguing that the promoting company is part of a group of corporations with the same representatives that are simultaneously filing multiple possessory information claims in different agrarian courts, accumulating significant land extensions. The tribunal found that the trial judge entirely failed to address these arguments, simply approving the possessory information without ruling on the issues raised. This omission constitutes a violation of due process, as Article 54 of the Agrarian Jurisdiction Law requires the judgment to resolve all debated points. Consequently, the Agrarian Tribunal annulled the judgment and ordered the case remanded to the lower court for a new decision that substantively addresses all objections raised by the State.", "primary_topic_id": null, "topic_ids": [], "date": "06/09/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1186164.json", "html_url": "/legal/doc/nexus-sen-1-0034-1186164", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1186164" }, { "id": "nexus-sen-1-0034-1186560", "citation": "Res. 02637-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "ICE Liability for Electrocution on Public Road", "title_es": "Responsabilidad del ICE por electrocución en la vía pública", "summary_en": "The Administrative Court partially upheld a claim against the Costa Rican Electricity Institute (ICE) for injuries suffered by a pedestrian who received an electric shock while walking on a sidewalk near a medium-voltage pole. The court found electrocution proved through testimony, medical records, and expert evidence, despite ICE's arguments of technical impossibility and the hypothesis of a bird causing the short circuit. The State's strict liability regime for public service operation was applied, rejecting force majeure. Subjective moral damages were awarded (¢15 million), quantification of permanent physical disability was deferred to the execution phase. Material damages were denied due to lack of causation and evidence.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/08/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1186560.json", "html_url": "/legal/doc/nexus-sen-1-0034-1186560", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1186560" }, { "id": "nexus-sen-1-0034-1186638", "citation": "Res. 02733-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Public liability for tree fall on public road during cold front", "title_es": "Responsabilidad patrimonial por caída de árbol en vía pública durante frente frío", "summary_en": "The Administrative and Civil Tax Court dismisses the claim of a woman seeking compensation for subjective moral damages after a tree fell on her vehicle in Santa Cecilia, Santa Cruz, Guanacaste. The plaintiff alleged omission-based liability of the State, AYA, CONAVI, and the Municipality of Santa Cruz. The Court finds no omission was proven: there had been no complaints about the tree, and evidence did not link AYA's repair works to the fall. The accident occurred during a cold front with strong wind gusts, which the Court considers the most probable cause. The plaintiff failed to prove the damages claimed or the causal link. The lack-of-right defense is upheld, and the plaintiff is ordered to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/08/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1186638.json", "html_url": "/legal/doc/nexus-sen-1-0034-1186638", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1186638" }, { "id": "nexus-sen-1-0034-1186641", "citation": "Res. 02738-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Indemnification Action for Electric Easement Rejected", "title_es": "Acción de indemnización por servidumbre eléctrica rechazada", "summary_en": "The Administrative Court rejected Randall Martínez Calvo's lawsuit against ICE, which sought compensation for alleged unindemnified easement portions, tower sites, and changes in limitations due to Decree 29296-SALUD-MINAE. The court found lack of active standing because the plaintiff acquired the property when the easement was already established and could not claim rights belonging to his father, the original owner. Additionally, no evidence proved unindemnified portions, changes in limitations —since the decree does not oblige ICE to modify pre-existing easements— or material and moral damages. The payment and lack of right defenses were upheld. Therefore, the lawsuit was dismissed in its entirety, with costs to the plaintiff.", "primary_topic_id": null, "topic_ids": [], "date": "30/08/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1186641.json", "html_url": "/legal/doc/nexus-sen-1-0034-1186641", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1186641" }, { "id": "nexus-sen-1-0034-1186672", "citation": "Res. 02770-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of Virtual Preliminary Hearing for Excessive Formalism", "title_es": "Anulación de audiencia preliminar virtual por formalismo excesivo", "summary_en": "The Contentious-Administrative Court annuls ex officio the third virtual preliminary hearing held on May 25, 2022, in an environmental lesividad proceeding initiated by INDER against an individual and a corporation. The court found that the procedural judge refused to send the connection link to the parties who had agreed to participate virtually, arguing that the email addresses provided were for notifications and not for receiving the invitation. This formalistic distinction, unsupported by the Protocol for virtual hearings or the convening order, prevented the participation of SINAC, INDER, and, most critically, the defendant and counterclaimant, whose preliminary defenses and evidence were rejected without an opportunity to be heard. The court held that the right to defense, access to justice, and effective judicial protection were seriously violated, and therefore annulled the entire hearing and ordered its repetition, guaranteeing the participation of all parties.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "31/08/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1186672.json", "html_url": "/legal/doc/nexus-sen-1-0034-1186672", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1186672" }, { "id": "nexus-sen-1-0034-1187964", "citation": "Res. 03505-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad declaration for land adjudication in the southern border strip", "title_es": "Declaratoria de lesividad sobre adjudicación en la franja fronteriza sur", "summary_en": "The Contentious-Administrative Tribunal upholds the lesividad action filed by INDER, partially annulling its Board agreement (article 66, session 041-05 of 2005) which authorized the award and transfer of parcel 78 of the Amalia Hernández Piedra Settlement, located entirely within the two-kilometer southern border strip. The Tribunal finds the administrative act violated the legal system by disposing of an inalienable public domain property, declaring absolute nullity with declaratory and retroactive effects. Consequently, the public deed of segregation and transfer, the subsequent sale deed, and the registry entry are also annulled, ordering the parcel to return to the parent property. No special costs award is imposed, as the award was the Administration's own doing.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "19/09/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1187964.json", "html_url": "/legal/doc/nexus-sen-1-0034-1187964", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1187964" }, { "id": "nexus-sen-1-0034-1190481", "citation": "Res. 00397-2023 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Suspension of capture order for Black-Plate snakes and removal of radio transmitters", "title_es": "Suspensión de orden de captura de serpientes Plato Negro y remoción de radiotransmisores", "summary_en": "The Contentious-Administrative and Civil Treasury Appeals Tribunal hears an appeal filed by César Luis Barrio Amorós and his attorneys against the National System of Conservation Areas (SINAC) and the State, within a precautionary measure proceeding. The court upholds the lower court's decision denying the requested precautionary measure, which sought to suspend an order for the capture of \"Black-Plate\" snakes and the removal of radio transmitters placed on those animals. The decision is based on the protection of wildlife, considering that the capture and handling of these snakes could affect their conservation. The court dismisses the claimed nullity and confirms the appealed decision, in a unanimous vote.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "06/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1190481.json", "html_url": "/legal/doc/nexus-sen-1-0034-1190481", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1190481" }, { "id": "nexus-sen-1-0034-1191285", "citation": "Res. 04296-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Construction Regulation in Ostional Wildlife Refuge Buffer Zone", "title_es": "Reglamento de Construcción en Zona de Amortiguamiento del Refugio Ostional", "summary_en": "The Administrative Contentious Tribunal denied the nullity claim filed by JBR Capital Ventures S.R.L. against the Construction Permit Regulation for the Ostional National Wildlife Refuge Buffer Zone, issued by the Municipality of Nicoya. The plaintiff, owner of properties within the regulated area, argued the regulation violated the Refuge Creation Law (Law 9348) and the Urban Planning Law by being enacted without a prior management plan or a regulatory plan. The Tribunal rejected the arguments: Law 9348 had been declared unconstitutional by the Constitutional Chamber, removing the invoked legality parameter. Furthermore, it stressed that the lack of a regulatory plan does not prevent municipalities from fulfilling their constitutional duty to protect the environment, especially applying the precautionary principle given the risk of serious harm to species such as the olive ridley sea turtles. The First Chamber and the Constitutional Chamber have recognized municipal regulatory power on environmental matters even without zoning plans. The Tribunal also found that citizen participation had occurred via public hearings. A partial lack of current interest was declared due to the supervening unconstitutionality, but the lack of standing exception was dismissed. The complaint was denied in full without an award of costs, as sufficient reason to litigate existed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "11/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1191285.json", "html_url": "/legal/doc/nexus-sen-1-0034-1191285", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1191285" }, { "id": "nexus-sen-1-0034-1194730", "citation": "Res. 01311-2023 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Leatherback turtle egg extraction and proven environmental harm", "title_es": "Extracción de huevos de tortuga baula y daño ambiental comprobado", "summary_en": "The Criminal Appeals Court upheld the conviction for destruction of nests of endangered wildlife against an individual caught extracting leatherback turtle eggs on Matina beach, Limón. The defense argued violation of the in dubio pro reo principle, questioning the number of eggs seized (174 versus a maximum of 100 per nest) and proof of environmental harm. The court rejected the appeal, reasoning that the key factor was the illegal extraction, not the exact count, and that harm was proven by the mere human interference in embryonic development, exposing eggs to germs and bacteria. It also assessed impacts on the food chain, tourism, and scenic beauty, relying on the marine biologist's testimony and rules of sound criticism.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "wildlife-law-7317" ], "date": "06/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1194730.json", "html_url": "/legal/doc/nexus-sen-1-0034-1194730", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1194730" }, { "id": "nexus-sen-1-0034-1194821", "citation": "Res. 00430-2023 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Compensation for Electrical Transmission Easement — Reduction of Affection Percentage and Remnant Damages", "title_es": "Fijación de justiprecio en servidumbre eléctrica — reducción del porcentaje de afectación y daño al remanente", "summary_en": "The Court of Appeals modified the lower court's ruling that set the compensation for an electrical transmission easement over a property in Ulloa, Heredia. The Instituto Costarricense de Electricidad (ICE) appealed the unit value ($64.90/m²), the 100% affection percentage, and the remnant damages. The Court corrected the unit value to $57.91/m² based on an expert's clarification overlooked in the first instance. It partially granted the appeal regarding the affection percentage: reduced it to 60% because the easement only crosses an old quarry without crops, no towers are located there, and the lines pass at great height, thus the restrictions do not completely prevent the current land use. As for remnant damages, it rejected the judicial expert's calculations based on subjective criteria (location, registry mortgage affection, loss of desirability) lacking technical support, and only recognized a 0.25% for loss of desirability. Total compensation was recalculated at ₡256,706,224.31, plus interest and costs on the difference from the original administrative appraisal. The Court confirmed the inappropriateness of maintaining 2012 prices without updating, rejecting ICE's claim to uphold the administrative appraisal of ₡10,840/m².", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1194821.json", "html_url": "/legal/doc/nexus-sen-1-0034-1194821", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1194821" }, { "id": "nexus-sen-1-0034-1195594", "citation": "Res. 04037-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of commercial license for keeping horses in an urban zone", "title_es": "Rechazo de licencia comercial para tenencia de caballos en zona urbana", "summary_en": "The Administrative Litigation Court, acting as an improper hierarchical reviewer of municipal decisions, upheld the Municipality of Mora's denial of a commercial license for keeping horses requested by Inmobiliaria Pacacua S.A. The company claimed a vested right since 1995, but the Court found no such right existed because the land-use certificate was only for segregation and did not authorize constructions such as stables. Furthermore, the property is zoned as urban under the current regulatory plan, making the keeping of animals incompatible. The Court emphasized the distinction between a land-use certificate and a construction permit, noting that the appellant lacked the necessary permits for the existing structures, meaning the situation only gave rise to an expectation of a right rather than a consolidated subjective right.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1195594.json", "html_url": "/legal/doc/nexus-sen-1-0034-1195594", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1195594" }, { "id": "nexus-sen-1-0034-1195610", "citation": "Res. 04060-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of precautionary measure to suspend hotel tax collection", "title_es": "Improcedencia de medida cautelar para suspender cobro tributario de hotel", "summary_en": "The Administrative Appeals Tribunal denies a precautionary measure requested by Desarrollos Hoteleros Guanacaste S.A. to suspend collection proceedings for over 2.528 billion colones, arising from tax assessments by the Large Taxpayers Directorate and rulings of the Tax Administrative Tribunal regarding sales tax and withholding on foreign remittances. The company argued fumus boni iuris, periculum in mora due to imminent seizures and business closure, and serious financial and reputational harm. After examining the requirements under Article 21 of the Administrative Procedure Code, the Tribunal finds that although fumus boni iuris exists, periculum in mora is not met because the company failed to prove actual inability to pay or to exhaust mechanisms such as deferral, installment plans, or payment in kind provided by tax regulations. Moreover, the public interest in efficient tax collection prevails. The measure is denied and the initially granted provisional measure is lifted.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1195610.json", "html_url": "/legal/doc/nexus-sen-1-0034-1195610", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1195610" }, { "id": "nexus-sen-1-0034-1195748", "citation": "Res. 04270-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of contractual penalty for automatic application of penal clause", "title_es": "Nulidad de multa contractual por aplicación automática de cláusula penal", "summary_en": "The Administrative Appeals Tribunal dismisses the claim of Consorcio Proyecto BP, which sought the annulment of a US$588,682.75 penalty imposed by Banco Popular for delays in Stage III of a consulting contract. The court applies the doctrine of constitutional res judicata based on Constitutional Chamber ruling 2428-2020, which rejected a prior amparo and upheld the automatic application of the penal clause without a prior summary procedure. It finds no nullity for lack of reasoning or content, since the delay was verified against the contractual schedule known to the parties. The court also rejects the alleged recognition of 40 extra days discussed in dialogue tables due to lack of formalization and technical proof of impact. However, the court partially grants the claim regarding the denial of administrative appeals, declaring a violation of the right to appeal, but without annulling the penalty or ordering reimbursement.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1195748.json", "html_url": "/legal/doc/nexus-sen-1-0034-1195748", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1195748" }, { "id": "nexus-sen-1-0034-1195772", "citation": "Res. 04303-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of Land-Use Denial for Lack of Reasoning and Due-Process Violation", "title_es": "Anulación de denegatoria de uso de suelo por falta de motivación y violación al debido proceso", "summary_en": "The Administrative Appeals Court annuls the Quepos Municipality's decision denying a land-use permit to Joshua Tree Limitada. The Municipality refused the certificate on grounds that the property should be included in a lesividad action concerning the Lomas del Cruce development and that there was overlap with the site design, but it failed to provide technical justification or legible proof. The Court finds the decision lacks proper reasoning, imposes on the applicant evidentiary burdens that belong to the Municipality, and violates due process by attributing consequences of a lawsuit in which the applicant is not a party. The case is remanded for a properly motivated decision respecting defense rights.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1195772.json", "html_url": "/legal/doc/nexus-sen-1-0034-1195772", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1195772" }, { "id": "nexus-sen-1-0034-1195785", "citation": "Res. 04322-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of bid award challenge in public tender due to failure to demonstrate better right", "title_es": "Rechazo de impugnación de adjudicación en licitación pública por falta de demostración de mejor derecho", "summary_en": "The Contentious-Administrative and Civil Treasury Court resolved a pure-law proceeding filed by Constructora Sánchez Carvajal S.A. against the State, CONAVI, and the Comptroller General of the Republic. The company challenged its exclusion from Public Tender 2014LN-000018-0CV00 and various MINAE resolutions requiring fuel storage licenses for its asphalt mixing plants. The court analyzed whether the plants required storage tanks under Executive Decree 30131-MINAE-S, concluding that not all plants need them, but that the plaintiff failed to prove that its plants operated without tanks; on the contrary, MINAE inspections confirmed their existence and use. Regarding the tender, it found that the company did not demonstrate the required minimum experience or the necessary operating permits, making the rejection of its bid and the dismissal of its appeal lawful. Consequently, it dismissed the lawsuit in its entirety, including the claim for damages, and imposed costs on the plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1195785.json", "html_url": "/legal/doc/nexus-sen-1-0034-1195785", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1195785" }, { "id": "nexus-sen-1-0034-1195874", "citation": "Res. 04470-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Joinder of SINAC as Necessary Active Co-Plaintiff in Proceedings Involving Natural State Heritage", "title_es": "Integración del SINAC como litisconsorte activo necesario en proceso sobre Patrimonio Natural del Estado", "summary_en": "The Contentious-Administrative Tribunal orders, on its own motion, the joinder of the National System of Conservation Areas (SINAC) as a necessary active co-plaintiff in a proceeding brought by the State against private parties. The lawsuit seeks a declaration that certain real estate forms part of the State’s Natural Heritage because it lies within the northern border strip —designated as the Northern Border Corridor National Wildlife Refuge by Decree 22962-MIRENEM— and contains protected wetlands. Following Supreme Court precedent (opinion 191-F-S1-2022), the Tribunal holds that SINAC’s participation is indispensable: as the entity with instrumental legal personality responsible for administering such public-domain assets, its absence would undermine the constitutionality of any judgment, since the underlying legal relationship is indivisible and the decision directly affects SINAC’s statutory powers. The objections raised by the defendants, which addressed the merits, are dismissed. The Tribunal orders that SINAC be notified and afforded full procedural guarantees to present its position, offer evidence, and exercise its right of defense.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "18/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1195874.json", "html_url": "/legal/doc/nexus-sen-1-0034-1195874", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1195874" }, { "id": "nexus-sen-1-0034-1196097", "citation": "Res. 04768-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of precautionary measure against road direction change in Goicoechea", "title_es": "Rechazo de medida cautelar contra cambio de sentido vial en Goicoechea", "summary_en": "The Administrative Appeals Court denies the precautionary measure requested by the Environmental Protection Association Valle Verde against the Municipality of Goicoechea. The measure sought to prevent the municipality from converting a section of public road 1-08-023 (Barrio Esquivel Bonilla) into a one-way street. The plaintiff claimed that the road does not meet minimum width requirements and lacks sidewalks, violating laws such as the General Public Roads Law and the Equal Opportunities for Persons with Disabilities Law, and argued that changing traffic direction would alter the object of the main proceeding and could destroy evidence. The Court finds that the precautionary measure lacks instrumentality, as it is not aimed at ensuring the effectiveness of the principal proceeding's judgment, which concerns road dimensions and sidewalks, not traffic direction. Additionally, the appearance of a good right (fumus boni iuris) is weakened, and no imminent danger or serious harm is proven. Balancing interests favours the public interest in municipal planning powers. The measure is denied without costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1196097.json", "html_url": "/legal/doc/nexus-sen-1-0034-1196097", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1196097" }, { "id": "nexus-sen-1-0034-1196111", "citation": "Res. 04783-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of IDA agreement revoking titling procedure in Golfo Dulce Forest Reserve", "title_es": "Nulidad de acuerdo del IDA que revocó procedimiento de titulación en la Reserva Forestal Golfo Dulce", "summary_en": "The Administrative Contentious Court dismisses the nullity claim against agreement No. 35 of session 040-2007, issued on November 10, 2007 by the Board of Directors of INDER, which revoked the special titling procedure in the Osa Peasant Settlement, located within the Golfo Dulce Forest Reserve. The plaintiffs argued the agreement was void because it was not notified, nullified previously recognized usucapion rights, and was not preceded by a 'lesividad' process. The Court finds that the plaintiffs failed to prove recognized possession rights, that the revoked agreement was merely an administrative procedure that did not create subjective rights, and that a 'lesividad' process was not required for its repeal. Compensatory and moral damages claims are rejected due to lack of evidentiary support. The claim is dismissed in its entirety.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "27/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1196111.json", "html_url": "/legal/doc/nexus-sen-1-0034-1196111", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1196111" }, { "id": "nexus-sen-1-0034-1196139", "citation": "Res. 04834-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "State liability for Ceibo River flooding and diversion", "title_es": "Responsabilidad del Estado por inundación y desvío del río Ceibo", "summary_en": "The Administrative Court dismissed the claim by Álvaro Vargas Barrantes against the State and the Municipality of Buenos Aires for damages suffered on his property due to the flooding of the Ceibo River in 2018. The plaintiff argued that cleanup and channeling works carried out by the Ministry of Public Works (MOPT) at the municipality's request diverted the riverbed, flooding his land and causing loss of crops, lumber, and structures. The Court analyzed the State's strict liability under Articles 9 and 41 of the Constitution and Article 190 of the General Public Administration Law, requiring proof of an unlawful, effective, and measurable harm and a direct causal link with administrative conduct. Based on documentary and expert evidence, it concluded that the works were merely maintenance, without altering the riverbed, and that the flooding was due to a natural event (force majeure) characteristic of the river's meandering behavior, as confirmed by the National Geographic Institute. Since no causal link was demonstrated, the court upheld the exception of lack of right and dismissed the claim, exempting the plaintiff from costs because there were sufficient grounds to have litigated in good faith.", "primary_topic_id": null, "topic_ids": [], "date": "27/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1196139.json", "html_url": "/legal/doc/nexus-sen-1-0034-1196139", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1196139" }, { "id": "nexus-sen-1-0034-1196181", "citation": "Res. 04877-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of interim measure on earthworks in Osa", "title_es": "Rechazo de medida cautelar sobre movimientos de tierra en Osa", "summary_en": "The Administrative Litigation Court denied an interim measure sought by an individual against the Municipality of Osa to suspend earthworks permits granted for agricultural plots in a subdivision. The claimant argued the permits were part of a larger project purposefully split to avoid SETENA environmental viability review. The Municipality contended each permit was for independent properties with earthworks under 200 m³, exempt from environmental viability under the EIA regulation. The Court held the appellant failed to provide technical evidence that the 200 m³ threshold was exceeded or that environmental damage was occurring, thus not meeting the requirements of fumus boni iuris, periculum in mora, and balancing of interests. The ruling emphasizes the evidentiary burden on the applicant for environmental interim measures and the validity of municipal permits when compliant with regulations.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554", "subdivision-fraccionamiento" ], "date": "28/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1196181.json", "html_url": "/legal/doc/nexus-sen-1-0034-1196181", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1196181" }, { "id": "nexus-sen-1-0034-1196220", "citation": "Res. 04935-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipal liability denied for land-use certificate containing environmental restriction", "title_es": "Improcedencia de responsabilidad municipal por certificado de uso de suelo con advertencia ambiental", "summary_en": "A plaintiff sued the Municipality of Montes de Oca for material and moral damages after purchasing a lot that was later found unbuildable due to its total location within a 100-meter protection radius of a permanent water spring under Article 33 of the Forestry Law. The plaintiff claimed that the land-use certificate declared the zoning compatible for housing and that municipal staff told him the environmental restriction was merely for reference, prompting him to buy the property with a mortgage. However, the Administrative Appeals Court found that the certificate explicitly warned: \"not suitable for construction due to spring radius affectation,\" supported by a technical memo from the Municipal Environmental Office. The ruling held that there was no breach of good faith or legitimate expectations, as the municipality never conferred a right to build but merely disclosed a pre-existing legal limitation. Finding no causal link between the municipal conduct and the harm—since the plaintiff knowingly bought despite the warning—the court dismissed the claim in its entirety, with costs imposed on the plaintiff.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "30/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1196220.json", "html_url": "/legal/doc/nexus-sen-1-0034-1196220", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1196220" }, { "id": "nexus-sen-1-0034-1196223", "citation": "Res. 04939-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "PSA Ineligibility on State Natural Heritage Lands", "title_es": "Improcedencia de PSA en terrenos del Patrimonio Natural del Estado", "summary_en": "The Administrative Court dismisses a private individual’s claim seeking ratification of possession over an unregistered property and an order for INDER to authorize its enrollment in the Sustainable Biodiversity Fund. The land lies entirely within the Golfo Dulce Forest Reserve and constitutes State Natural Heritage under articles 13, 14 and 15 of the Forestry Law. The court holds that the plaintiff lacks standing because he holds no enabling title over a public domain asset reserved exclusively for environmental purposes, which is incompatible with the incentives under Law 8640. The plaintiff’s merely occasional occupation, absence of ecological possession, forest protection or prior filings before FONAFIFO further support the ruling. The claim is denied and costs are awarded against the plaintiff.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "30/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1196223.json", "html_url": "/legal/doc/nexus-sen-1-0034-1196223", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1196223" }, { "id": "nexus-sen-1-0034-1196262", "citation": "Res. 05081-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of Workplace Harassment and Wrongful Dismissal Claims Against SINAC", "title_es": "Improcedencia de reclamo por acoso laboral y despido en SINAC", "summary_en": "The Administrative Appeals Court dismisses a lawsuit filed by a former employee of the National System of Conservation Areas (SINAC). The plaintiff claimed he had been subjected to workplace harassment and that his dismissal — without employer liability — was invalid. As coordinator of the SINAC marketing office, he was dismissed after an administrative disciplinary process confirmed serious irregularities in a project for a Protected Areas Guide, including misuse of SINAC’s logo and name to solicit sponsorships. The court examines all alleged harassing acts and concludes they do not constitute mobbing; rather, they are lawful management decisions, justified sanctions for repeated failure to submit mandatory reports, or legitimate exercise of disciplinary power. It further finds that the dismissal procedure respected due process and that the proven conduct — such as facilitating logos and contacts to third parties without a formal agreement — was sufficiently serious to justify termination. All claims for reinstatement, backpay, and moral damages are rejected, with costs imposed on the plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1196262.json", "html_url": "/legal/doc/nexus-sen-1-0034-1196262", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1196262" }, { "id": "nexus-sen-1-0034-1196266", "citation": "Res. 05089-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad claim time-barred for titling lands in private wildlife refuge", "title_es": "Declaratoria de lesividad caduca por titular tierras en refugio privado", "summary_en": "The Contentious-Administrative Tribunal dismisses as untimely INDER's lesividad claim seeking to annul the titling of a 76-hectare parcel in Puntarenas. The core reason is that the internal lesividad declaration was issued in 2015—over 14 years after the 2001 segregation and transfer agreement—far exceeding the four-year statute of limitations under the Law Regulating the Contentious-Administrative Jurisdiction, which governs because the act became final before the current procedural code took effect. The court rejects the State's argument that the land constitutes Natural Heritage of the State merely because it lies partly within the Private National Wildlife Refuge \"Cataratas de Cerro Redondo.\" Under the Wildlife Conservation Law and the Biodiversity Law, private refuges are not public-domain property; ownership remains private, subject to a management plan supervised by SINAC.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "wildlife-law-7317", "procedural-environmental" ], "date": "01/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1196266.json", "html_url": "/legal/doc/nexus-sen-1-0034-1196266", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1196266" }, { "id": "nexus-sen-1-0034-1196465", "citation": "Res. 00836-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Extension of summons period for Indigenous person in vulnerable condition", "title_es": "Ampliación del emplazamiento a persona indígena en condición de vulnerabilidad", "summary_en": "The Agrarian Tribunal hears an appeal in an ordinary proceeding where the defendant is an Indigenous person from Talamanca, declared in default for failing to answer the complaint within the statutory period. The public defender requested an extension of the summons period, arguing that the client faces multiple vulnerabilities (poverty, geographic remoteness, lack of transportation, and status as an Indigenous woman), and that special Indigenous legislation and judicial circulars mandate the resetting of deadlines to ensure access to justice. The Tribunal grants the appeal, reverses the lower court's decision, and orders a one-time 15-day extension of the summons period. In its reasoning, the Tribunal invokes the recent constitutional amendment recognizing Costa Rica as a multi-ethnic and multicultural state, the Law on Access to Justice for Indigenous Persons (Law 9593), Circular 67-2019 of the Superior Council, and international instruments such as the Brasilia Rules and the Escazú Agreement, reinterpreting Article 40 of the Agrarian Jurisdiction Law in light of this special protection.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "03/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1196465.json", "html_url": "/legal/doc/nexus-sen-1-0034-1196465", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1196465" }, { "id": "nexus-sen-1-0034-1196491", "citation": "Res. 00862-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over land undergoing natural regeneration", "title_es": "Competencia agraria sobre fundo en regeneración natural", "summary_en": "The Agrarian Court addressed an objection to subject-matter jurisdiction in an interdictal proceeding involving a property larger than eight hectares, currently covered in scrubland (secondary forest in regeneration). The defendant argued that the property had no productive agricultural activity and that the plaintiff was a merchant, so jurisdiction should lie with the civil courts. The Court rejected the objection, applying the functional, objective, and subjective criteria that define agrarian jurisdiction, and found that the property, due to its size and suitability, was an agrarian estate undergoing natural regeneration—an activity classified as an environmental service (carbon sequestration) and a sustainable agro-environmental activity. The ruling reaffirms that agrarian jurisdiction can be asserted when the land, even if not actively farmed, has an agrarian nature or aptitude, including forest regeneration processes.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "09/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1196491.json", "html_url": "/legal/doc/nexus-sen-1-0034-1196491", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1196491" }, { "id": "nexus-sen-1-0034-1196518", "citation": "Res. 00889-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian Jurisdiction over Soil Resource Disputes and Law 7779", "title_es": "Competencia agraria en conflictos sobre el recurso suelo y la Ley 7779", "summary_en": "The Agrarian Tribunal resolves a jurisdictional conflict arising from the San Carlos Agrarian Court's recusal in an ordinary proceeding concerning a contract for river material extraction. The tribunal holds that, pursuant to Article 56 of the Soil Use, Management and Conservation Law (Law 7779), the agrarian jurisdiction is competent to hear all disputes originating from the application of said law. It examines the soil resource as an object of both environmental and agrarian law protection, emphasizing that agrarian productive activity and fertile layer protection form the core of agrarian material jurisdiction. It reaffirms Supreme Court and Agrarian Tribunal jurisprudence recognizing that contractual disputes over soil exploitation or mining, when implicating Law 7779, must be heard by the specialized agrarian courts. The recusal is rejected and the case remanded for further proceedings.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779" ], "date": "24/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1196518.json", "html_url": "/legal/doc/nexus-sen-1-0034-1196518", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1196518" }, { "id": "nexus-sen-1-0034-1200448", "citation": "Res. 00465-2023 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Determination of indemnity in expropriation of farm for Borinquen geothermal project", "title_es": "Fijación de justiprecio en expropiación de finca para proyecto geotérmico Borinquen", "summary_en": "The First Section of the Administrative and Civil Treasury Appeals Court partially modifies the lower court's determination of just compensation for the expropriation of 60.8456 hectares for the Borinquen geothermal project in Liberia, Guanacaste. Regarding land value, the Court finds both the administrative appraisal and the court-appointed expert's report flawed due to non-homogeneous comparables, and instead uses the per-hectare value set in a prior expropriation for the same project as a reference, averaging it with the value assigned to a common comparable, setting the land value at ₡465,668,111.00. It holds that volcanic risk is not a depreciating factor, as the proximity to the volcano is the very quality that makes the land suitable for the project and must be assumed by ICE. For pastures, due to uncertainty over mechanization, the Court averages costs for non-mechanized pastures from both reports with corrected area, setting their value at ₡12,105,564.40. It confirms the forest resource indemnity set by ICE and rejects the expropriated party's claims for PVC piping and a declaration of non-compliance of the administrative appraisal due to lack of technical arguments.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1200448.json", "html_url": "/legal/doc/nexus-sen-1-0034-1200448", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1200448" }, { "id": "nexus-sen-1-0034-1203234", "citation": "Res. 00506-2023 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forfeiture of a third-party vessel in low-scale illegal fishing", "title_es": "Comiso de embarcación de tercero en pesca ilegal a baja escala", "summary_en": "The Criminal Sentence Appeals Court of Guanacaste ruled on an appeal filed by the Attorney General's Office against a judgment of the Flagrancy Court of Liberia that convicted an individual for illegal fishing in Santa Rosa National Park and, among other measures, ordered the return of the vessel to its lawful owner, a third party not involved in the crime. The Attorney General argued that forfeiture of the vessel was an automatic civil consequence of the crime and that the judgment lacked reasoning for not ordering it. The Appeals Court denied the appeal, holding that Article 110 of the Penal Code protects the rights of third parties over instruments of crime. In this case, the registered owner proved ownership, was neither a party to the criminal proceedings nor to the civil damages claim, and was not attributed with intent or negligence. The court also applied proportionality reasoning, considering that the vessel was not per se an instrument of the crime but a means of transport, and its forfeiture would be disproportionate in a low-scale illegal fishing case, without prejudice to the conviction for environmental damage.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "25/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1203234.json", "html_url": "/legal/doc/nexus-sen-1-0034-1203234", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1203234" }, { "id": "nexus-sen-1-0034-1203249", "citation": "Res. 00531-2023 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Conviction for Illicit Mining Sponsorship Overturned for Lack of Reasoning", "title_es": "Anulación de condena por patrocinio de minería ilícita por falta de fundamentación", "summary_en": "The Criminal Appeals Court of Guanacaste overturned the trial court conviction of a landowner for illicit mining sponsorship under Article 140 of the Mining Code. The lower court had found him responsible for allowing illegal extraction of ballast from his property, sentencing him to three months in prison with conditional execution and awarding abstract damages for environmental harm. The defense appealed on grounds of lack of criminality due to an overly broad interpretation of the verb \"sponsor\" and deficiencies in the civil claim. The appeals court partially granted the appeal and declared the judgment ineffective due to reasoning defects: the testimonial evidence was superficially assessed, without explaining how the action of sponsoring (defend, protect, favor or aid) was inferred from proven facts. The ruling identified fallacies, a reversal of the burden of proof, and an absence of a complete intellectual foundation. It refrained from ruling on the civil action and remanded the case for a new trial.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "15/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1203249.json", "html_url": "/legal/doc/nexus-sen-1-0034-1203249", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1203249" }, { "id": "nexus-sen-1-0034-1203253", "citation": "Res. 00539-2023 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Defiance of construction-stop order and demolition order for wall inside Riyito River protection zone", "title_es": "Incumplimiento de suspensión de obras y orden de derribo de tapia en zona protectora del río Riyito", "summary_en": "The Guanacaste Criminal Sentencing Appeals Court upholds the acquittal for violation of the Forestry Law but keeps the demolition order for a 94.5-meter perimeter wall that encroaches on the protection zone of the Riyito River in Santa Cruz. The defense alleged procedural defects in the admission of evidence, a lack of correlation between the charges and the verdict, and errors in evaluating evidence regarding the length of the wall. The Court dismisses all claims, finding that the evidence was correctly assessed under the rules of sound criticism. It was proven that the wall was built starting in 2010, that by 2013 it measured 94.5 meters, and that it encroaches on the river protection zone, which obliges restoration of the original state, in line with the pro natura and forest irreducibility principles. The demolition order is based on the inalienable and public domain nature of the protection zone and the obligation to repair environmental damage.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "21/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1203253.json", "html_url": "/legal/doc/nexus-sen-1-0034-1203253", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1203253" }, { "id": "nexus-sen-1-0034-1203258", "citation": "Res. 00545-2023 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of Intellectual Rationale in Conviction for Illegal Logging in Forested Area", "title_es": "Falta de fundamentación intelectiva en condena por tala ilegal en zona boscosa", "summary_en": "The Guanacaste Criminal Sentencing Appeals Court overturns a conviction for two counts of Forestry Law violations (illegal harvesting of forest resources on private property), finding that the trial court failed to provide an intellectual rationale. The appealed judgment described the evidence but did not analyze or link the testimonies to the proven facts to conclude, without proper reasoning, that the defendant was the perpetrator of the felling of 45 trees in 2017 and 4 trees in 2018 in a forested area in Nandayure. The Appeals Chamber notes that the ruling merely mentioned direct evidence (a witness who claimed to have seen the defendant cutting trees) and circumstantial evidence, but did not explain how that evidence connected to the specific facts, neglecting to assess contradictions and the defense's theory. It orders a retrial for new proceedings.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "23/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1203258.json", "html_url": "/legal/doc/nexus-sen-1-0034-1203258", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1203258" }, { "id": "nexus-sen-1-0034-1203628", "citation": "Res. 05232-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Adjudication of a forested plot as State Natural Heritage", "title_es": "Adjudicación de parcela con cobertura boscosa como Patrimonio Natural del Estado", "summary_en": "The Contentious-Administrative Court dismissed the claim for adjudication of a rural parcel that, due to its forest vocation—76% forest cover certified by SINAC—, forms part of the State Natural Heritage and is therefore inalienable and unseizable. The Court held that the plaintiffs failed to prove lawful possession, that a previous adjudicatee existed and the revocation proceedings had lapsed, and that the alleged improvements would amount to environmental harm. The lack-of-right defense was upheld and costs were imposed on the plaintiffs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "08/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1203628.json", "html_url": "/legal/doc/nexus-sen-1-0034-1203628", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1203628" }, { "id": "nexus-sen-1-0034-1203699", "citation": "Res. 05406-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of IDA land award on parcel within Keköldi Indigenous Territory", "title_es": "Nulidad de adjudicación del IDA sobre parcela en territorio indígena Keköldi", "summary_en": "The Administrative Appeals Court resolved two consolidated cases: a lesividad action brought by INDER against Felicia Cantillano Obando seeking annulment of a 1999 IDA agreement awarding her a parcel within the Bribrí Indigenous Reserve of Keköldi, and a claim by Ms. Cantillano for expropriation indemnification and damages. The Court upheld the lesividad action, annulled the award agreement, the transfer deeds, and the registry inscriptions, and ordered eviction and delivery of possession to the Indigenous Development Association. It dismissed the indemnification claim because the parcel had been part of the indigenous reserve since 1977, rendering the 1999 award absolutely null as the land is inalienable. The plaintiff failed to prove possession prior to the reserve's creation or good faith, and the original title was legally voided.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "property-and-titling", "procedural-environmental" ], "date": "15/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1203699.json", "html_url": "/legal/doc/nexus-sen-1-0034-1203699", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1203699" }, { "id": "nexus-sen-1-0034-1203723", "citation": "Res. 05461-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "AyA opposition to possessory registration over water protection zones", "title_es": "Oposición del AyA a información posesoria sobre zonas de protección hídrica", "summary_en": "The Administrative Court upheld the Costa Rican Institute of Aqueducts and Sewers (AyA) claim opposing possessory registration proceedings initiated by Edith Naranjo Villalobos for a property in Guatuso de Patarrá. AyA proved public, peaceful, continuous possession of a 7,382 m² area where the Guatuso de Patarrá treatment plant, water intakes on the Damas River, pipelines, and other complementary works of the ME-A-11 system are located. Technical studies showed that cadastral plan SJ-1663335-2013 overlapped 4,976 m² (71%) with zones subject to the domain reserve under Article 31 of the Water Law, watercourse protection under Article 33 of the Forestry Law, and absolute and direct operational protection zones defined by AyA's Environmental Management Unit. The court ruled that these areas are public domain by nature due to their public service purpose —drinking water supply—, making them inalienable, imprescriptible, and unattachable, and cannot be titled to private parties through possessory registration. The defendant conceded to the claims, acknowledging AyA's superior right over the overlapping portion. Costs were not awarded.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "water-law" ], "date": "16/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1203723.json", "html_url": "/legal/doc/nexus-sen-1-0034-1203723", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1203723" }, { "id": "nexus-sen-1-0034-1203786", "citation": "Res. 05602-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Expiration of the action to challenge SENARA's Aquifer Protection Matrix", "title_es": "Caducidad de la acción para impugnar la Matriz Genérica de Protección de Acuíferos del SENARA", "summary_en": "The Administrative Contentious Tribunal dismissed the lawsuit brought by Corporación de Supermercados Unidos S.R.L. (CSU) to directly challenge SENARA's \"Generic Aquifer Protection Matrix: urban, condominium, tourism, and commercial activities,\" due to expiration of the action. The Matrix was published on October 12, 2017, but the complaint was filed on December 12, 2018, exceeding the one-year statute of limitations under Article 39(1)(b) of the Administrative Contentious Procedure Code for direct challenges to general provisions. The Tribunal held that expiration is not subject to interruption or suspension, so administrative remedies had no effect on the deadline. As the main claim was time-barred, the ancillary claims (annulment of the suspension and rejection of the revocation appeal) were likewise declared inadmissible. No costs were imposed because the Tribunal found that the administrative confusion justified the plaintiff's litigation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1203786.json", "html_url": "/legal/doc/nexus-sen-1-0034-1203786", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1203786" }, { "id": "nexus-sen-1-0034-1203806", "citation": "Res. 05654-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of Cost Overrun Claim in Hydroelectric BOT Contract", "title_es": "Improcedencia de reclamo por sobrecostes en contrato BOT hidroeléctrico", "summary_en": "The Administrative Litigation Court dismissed the lawsuit by Unión Fenosa Generadora Torito S.A. against ICE, which sought to annul resolutions denying its administrative claim for US$36,183,010 in cost overruns during the construction of the Torito Hydroelectric Project. The plaintiff argued that three unforeseeable geological events (south slope landslide of the intake chamber, redesign of the entrance portal, and entrapment of the tunnel boring machine in the DOÁN formation) upset the contract's economic equilibrium. The Court held that, being a BOT (Build, Operate, Transfer) contract, the contractor globally assumed the risks of the construction phase, including foreseeable geological risks. The contractual clauses allocated to the contractor the duty to anticipate and prevent incidents, and the alleged events did not constitute force majeure or acts of God but were foreseeable and should have been considered in planning. The lack of proof of unforeseeability and the contractual assumption of risk led to dismissal of the claim, upholding the lack-of-right defense and imposing costs on the plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1203806.json", "html_url": "/legal/doc/nexus-sen-1-0034-1203806", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1203806" }, { "id": "nexus-sen-1-0034-1203821", "citation": "Res. 05687-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Property Limitation Due to Spring Protection Radius Does Not Empty Property Rights", "title_es": "Limitación de propiedad por radio de protección de naciente no vacía el derecho", "summary_en": "The Third Section of the Contentious-Administrative and Civil Treasury Tribunal heard a claim by a company that owned two properties in Alajuela, partially affected by the 200-meter protection radius of the La Pradera spring, which the municipality had tapped for potable water. The plaintiff argued that this restriction, along with an alleged loss of access to a public road, emptied its property rights, seeking total expropriation and compensation, or alternatively, damages. The Tribunal, following the First Chamber's precedent, held that the restriction under Article 31 of the Water Law and Article 43 of Alajuela's Zoning Plan is a general social-interest limitation that does not empty property rights, as it only prohibits construction in the affected strip without depriving the owner of use, enjoyment, and disposal. Expert and documentary evidence showed the properties still had vehicular access and that the land-use certificate authorized urban development respecting the protection zone. The claim was dismissed in its entirety, but the plaintiff was exempted from paying costs due to sufficient reason to litigate.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "23/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1203821.json", "html_url": "/legal/doc/nexus-sen-1-0034-1203821", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1203821" }, { "id": "nexus-sen-1-0034-1203834", "citation": "Res. 05737-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Income tax liability of educational association not declared of public utility", "title_es": "Sujeción al impuesto sobre la renta de asociación educativa no declarada de utilidad pública", "summary_en": "The Contentious-Administrative and Civil Treasury Court rejects the lawsuit filed by the Lincoln School Association against tax assessments for the 2008 fiscal periods. The association challenged tax adjustment notices and resolutions modifying income tax, withholding tax, and a penalty for inaccuracy. On the merits, the judgment holds that since the association lacks a public utility declaration from the Executive Branch under Article 32 of the Associations Law, it is fully subject to income tax under Law 7092. The court upholds adjustments for omitted income (physical plant contribution, mutual assistance fund, uniform sales) and disallowed expenses (scholarship fund for employees' children as benefits akin to salary, severance payments to the solidarity association due to lack of vouchers), along with the corresponding penalty, as the plaintiff failed to prove any facts preventing, modifying, or extinguishing its tax liability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1203834.json", "html_url": "/legal/doc/nexus-sen-1-0034-1203834", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1203834" }, { "id": "nexus-sen-1-0034-1204013", "citation": "Res. 06226-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INDER has no obligation to title lands in Golfo Dulce Forest Reserve", "title_es": "INDER no tiene obligación de titular tierras en Reserva Forestal Golfo Dulce", "summary_en": "The Administrative Litigation Court dismissed the claim of an occupant of the Osa Peasant Settlement against INDER, alleging an omission to title land he claimed to possess since 1959 within the Golfo Dulce Forest Reserve. The ruling concludes that the plaintiff failed to prove usucaption or possessory rights prior to the creation of the reserve in 1978, that the invoked INDER Board agreements conferred no individual rights, and that INDER does not administer the State Natural Heritage, thus lacking legal authority to title lands forming part of that public domain. Furthermore, the special titling procedure adopted in 2005 was revoked in 2007 upon finding a legal impossibility to title within the forest reserve. The lack-of-right defense was upheld, and costs were imposed on the plaintiff.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "06/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1204013.json", "html_url": "/legal/doc/nexus-sen-1-0034-1204013", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1204013" }, { "id": "nexus-sen-1-0034-1204171", "citation": "Res. 06418-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of tobacco promotion sanction against a small grocery store for failing to weigh legal exception", "title_es": "Nulidad de sanción por promoción de tabaco en pulpería sin ponderar excepción legal", "summary_en": "The Administrative Appeals Court partially annulled a sanction imposed by the Ministry of Health on the owner of Pulpería Nataly for allegedly promoting tobacco products by possessing 17 cigarette packs with attached lighters. The Court found that the Minister's resolution confirming the fine lacked proper reasoning, as it failed to analyze the exception under Article 12(b) of Law No. 9028, which allows advertising and promotion through direct communication between sellers and consumers according to a regulatory protocol. Testimonial evidence showed the cigarette-lighters packages had been delivered by distributors, were stored out of public view, and were not actively displayed at the point of sale. Consequently, the Court declared the absolute nullity of the sanctioning resolution DM-LC-801-2020 due to a defect in the act's motivation, and ordered the removal of the plaintiff's name from the offenders' registry. Other claims regarding inspector authority and missing signatures were dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1204171.json", "html_url": "/legal/doc/nexus-sen-1-0034-1204171", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1204171" }, { "id": "nexus-sen-1-0034-1205452", "citation": "Res. 05208-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of interim measure against sanitary closure for environmental pollution", "title_es": "Denegatoria de medida cautelar contra clausura sanitaria por contaminación ambiental", "summary_en": "The Administrative Court denied the interim measure sought by Concreto Asfáltico Nacional S.A. against the State, which aimed to suspend the closure of its commercial establishment ordered by the Ministry of Health for failure to comply with corrective measures related to environmental pollution. The judge found the existence of fumus boni iuris (appearance of a good right), since the lawsuit seeks to review the legality of the administrative sanction imposed. However, she concluded that the periculum in mora (danger in delay) was not demonstrated: the company alleged serious financial losses but provided no evidence to prove such current or potential damage. Since this requirement was not met, the interim measure was denied. In the balancing of interests, the court favored the protection of the public interest, highlighting the Ministry of Health's sanctioning power, public health, and the diffuse interests linked to a healthy environment recognized in Article 50 of the Constitution.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1205452.json", "html_url": "/legal/doc/nexus-sen-1-0034-1205452", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1205452" }, { "id": "nexus-sen-1-0034-1205462", "citation": "Res. 05226-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary measure against dismissal of forestry engineer Eduardo Murillo Marchena", "title_es": "Medida cautelar contra despido del ingeniero forestal Eduardo Murillo Marchena", "summary_en": "The Administrative Court hears a precautionary measure requested by Eduardo Murillo Marchena, a forestry engineer at MINAE, seeking to suspend his dismissal without employer liability and order his reinstatement. The plaintiff alleges procedural defects in the administrative process before the Civil Service Tribunal. After examining the three legal requirements (fumus boni iuris, periculum in mora, and balance of interests), the judge finds that, while the claim is not frivolous, the plaintiff failed to prove — even indiciarily — the gravity of the alleged harm (patrimonial damage and violation of the right to work). The extent of the harm was not established through the evidence provided. Furthermore, in weighing the interests, the public interest prevails given the existence of a valid and unchallenged administrative act. The precautionary measure is denied without costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1205462.json", "html_url": "/legal/doc/nexus-sen-1-0034-1205462", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1205462" }, { "id": "nexus-sen-1-0034-1205566", "citation": "Res. 05608-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary protection of sea turtles at Playa Zapotillal", "title_es": "Protección cautelar de tortugas marinas en Playa Zapotillal", "summary_en": "The Administrative Contentious Court grants a precautionary measure in favor of Punta Sabana Developments Ltda. against the Municipality of Santa Cruz. The plaintiff argues that municipal inaction in preventing vehicle ingress and transit on the public zone of Playa Zapotillal, along with uncontrolled camping and bonfires, is causing serious harm to sea turtles, especially the critically endangered black turtle, by destroying nests, eggs, and disrupting nesting habitat. The Court, finding a prima facie case based on constitutional provisions (Art. 50), the Biodiversity Law, and traffic regulations, and having verified the serious and certain environmental risk through expert evidence and SINAC reports, applies the precautionary principle (Principle 15 of the Rio Declaration). It orders the Municipality to install physical barriers to block vehicle access (not just signs), maintain constant police surveillance to prevent camping, bonfires, and egg poaching, while preserving pedestrian beach access. It authorizes the assistance of the Public Force and warns the Mayor of criminal liability for non-compliance. The measure is urgent, provisional, and instrumental to the main proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "biodiversity-law-7788", "art-50-constitution" ], "date": "20/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1205566.json", "html_url": "/legal/doc/nexus-sen-1-0034-1205566", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1205566" }, { "id": "nexus-sen-1-0034-1205596", "citation": "Res. 05743-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Earthworks on agricultural subdivisions do not require individual environmental viability", "title_es": "Movimientos de tierra en fraccionamientos agrícolas no requieren viabilidad ambiental individual", "summary_en": "The Contentious-Administrative Tribunal resolved an appeal against municipal earthwork permits granted to individual landowners within an agricultural subdivision in the Municipality of Osa. The appellant argued that the earthworks should be evaluated jointly and cumulatively, not per individual lot, due to the risk of cumulative environmental harm. The Tribunal found that once the subdivision was completed and independent properties with distinct registered owners were created, each owner has the right to exercise their power of transformation over the property (articles 45 of the Constitution and 264 of the Civil Code), which includes carrying out earthworks of less than 200 cubic meters without needing environmental viability, as per article 4 bis subsection 2 of the General Regulation on Environmental Impact Assessment Procedures. However, it cautioned that environmental viability should have been requested at the time of approving the original subdivision, not at the individual lot stage, and ordered the Municipality to investigate possible omissions of environmental requirements in the authorization of the parent subdivision, determine responsible officials, quantify environmental damages, and, if necessary, refer the case to the Public Prosecutor's Office.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "environmental-law-7554", "subdivision-fraccionamiento" ], "date": "24/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1205596.json", "html_url": "/legal/doc/nexus-sen-1-0034-1205596", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1205596" }, { "id": "nexus-sen-1-0034-1205648", "citation": "Res. 05892-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Commercial use denied in Special Protection Zone due to insufficient lot size", "title_es": "Improcedencia de uso comercial en Zona Especial de Protección por cabida insuficiente", "summary_en": "The Contentious-Administrative and Civil Treasury Tribunal, Second Judicial Circuit of San José, acting as non-hierarchical comptroller of legality, hears an appeal by Pablo Gómez Steller against the decision of the Municipality of Barva denying an urban planning permit for commercial use on property 4-268497-00. The property, only 1038 square meters, is located in a Special Protection Zone under the Regional Urban Development Plan for the Greater Metropolitan Area (Executive Decree No. 25902-MIVAH-MP-MINAE). Article 4.4.4 of that decree requires a minimum area of two hectares for commercial uses. The appellant argued that he did not intend to build but only to commercially exploit an existing structure, and that the norm limits constructions, not activities. The Tribunal rejects the appeal and upholds the municipal decision, holding that the minimum lot size requirement applies regardless of whether a building already exists, and that the principle of legality requires adherence to the clear literal text of the rule. The appeal is dismissed and the administrative process is considered exhausted.", "primary_topic_id": null, "topic_ids": [], "date": "28/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1205648.json", "html_url": "/legal/doc/nexus-sen-1-0034-1205648", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1205648" }, { "id": "nexus-sen-1-0034-1205664", "citation": "Res. 05938-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Precautionary Measure for Lack of Urgency and Public Environmental Interest", "title_es": "Improcedencia de medida cautelar por falta de peligro en la demora y protección del interés público ambiental", "summary_en": "The Administrative Litigation Court denies the precautionary measure requested by Tajo Comag de Pavas S.A. against the Municipality of San José. The plaintiff sought to suspend the effects of a municipal administrative act concerning environmental and security conditions at an illegal dump. After analyzing the requirements, the judge found a fumus boni iuris, but the periculum in mora was not proven: no serious current or potential harm was demonstrated to justify the measure. In balancing interests, the public interest in environmental protection prevailed over the applicant's private interest, given that the municipality acted under its constitutional and legal powers. The ruling makes no order as to costs and notes the availability of an appeal.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "29/11/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1205664.json", "html_url": "/legal/doc/nexus-sen-1-0034-1205664", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1205664" }, { "id": "nexus-sen-1-0034-1205745", "citation": "Res. 06429-2023 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of TAN ruling on Avon royalties", "title_es": "Anulación de resolución del TAN sobre royalties de Avon", "summary_en": "The Administrative Court hears a lesividad action filed by the State against resolution 107-2015 of the National Customs Tribunal (TAN), which annulled the determinative procedure against Avon de Costa Rica S.A. for undeclared royalty payments. The TCA examines whether the license agreements with Avon Products, Disney, and Mattel constitute royalties under Article 8.1.c of the WTO Customs Valuation Agreement. It finds the three conditions met: the payment was not included in the declared price, it is related to the imported goods, and it constitutes a condition of sale. It rejects the defects identified by the TAN: there was no denial of defense because the initial act described the facts and evidence; the taxable base has legal support in Article 57 of the General Customs Law and international norms; the calculation methodology (aliquot) was based on objective data from the company; and the right to defense was not violated. It concludes that the TAN's resolution is harmful to public interests, annuls it, and upholds the legality of the original administrative procedure, confirming the tax determination for approximately ¢38 million.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1205745.json", "html_url": "/legal/doc/nexus-sen-1-0034-1205745", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1205745" }, { "id": "nexus-sen-1-0034-1206709", "citation": "Res. 00451-2023 Tribunal de Apelación Civil y Trabajo Zona Sur Sede Pérez Zeledón Materia Civil", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "New work suspension interdict denied for lack of contiguity and proven risk", "title_es": "Interdicto de suspensión de obra nueva desestimado por falta de colindancia y riesgo acreditado", "summary_en": "The Civil and Labor Appeals Court of the Southern Zone upholds the lower court's ruling dismissing the new work suspension interdict filed by Mauren Calderón Mora against Carlos Sáenz Zúñiga, Heidy Sáenz Brenes, and Karla Sáenz Brenes. The plaintiff alleged that earth movements and material accumulation on neighboring properties posed an imminent landslide danger to her home and that rainwater runoff was improperly channeled. The court finds that the plaintiff's property does not adjoin the Sáenz Brenes defendants' property, so no direct impact exists. As for co-defendant Sáenz Zúñiga, the court-appointed expert report concludes that the accumulated material on his land poses no danger to the plaintiff. The appeal arguments concerning the expert report's value, failure to require an environmental impact study, and alleged disobedience of a suspension order are all rejected, and the cost award against the plaintiff stands.", "primary_topic_id": null, "topic_ids": [], "date": "18/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1206709.json", "html_url": "/legal/doc/nexus-sen-1-0034-1206709", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1206709" }, { "id": "nexus-sen-1-0034-1206714", "citation": "Res. 00456-2023 Tribunal de Apelación Civil y Trabajo Zona Sur Sede Pérez Zeledón Materia Civil", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Prescription of bill of exchange in joint obligation with unnotified co-defendant", "title_es": "Prescripción de letra de cambio en obligación solidaria codemandada no notificada", "summary_en": "The Civil and Labor Appeals Court of the Southern Zone reviewed an appeal by the plaintiff against a decision that declared the monetary obligation from a bill of exchange to be prescribed. The lower court upheld the prescription defense against all defendants. The plaintiff argued that the co-defendant corporation is dissolved and without a liquidator, so it could not be served, preventing the prescription from being decided without proper joinder. The Court analyzed that under the rules governing abstract negotiable instruments like bills of exchange, the principle of individual exchange liability applies, as per Articles 796 and 802(g) of the Commercial Code. Therefore, the interruption of prescription only takes effect against the person on whom the interrupting act was performed. It concluded that prescription had run against the served defendants, but it cannot be declared ex officio against the unserved corporation, as it must be raised by the interested party. The decision was revoked regarding the prescription against the co-defendant corporation, and the proceedings must continue against it.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1206714.json", "html_url": "/legal/doc/nexus-sen-1-0034-1206714", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1206714" }, { "id": "nexus-sen-1-0034-1206954", "citation": "Res. 01050-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over removal of a cenízaro tree in a residential condominium", "title_es": "Competencia agraria sobre derribo de árbol de cenízaro en condominio habitacional", "summary_en": "The Agrarian Court resolves a jurisdictional conflict after the Agrarian Court of Santa Cruz declined to hear a petition for the removal of a cenízaro tree located in a residential condominium, whose risk of falling threatened a common access way. The majority opinion rejects the recusal and finds that the Agrarian Jurisdiction has subject-matter competence, based on Articles 1 and 2 of the Agrarian Jurisdiction Law in conjunction with Article 108 of the Biodiversity Law, considering that trees as natural resources are subject to environmental public interest and that disputes between private parties over biodiversity fall under this jurisdiction. The dissenting opinion argues that the determining criterion is the land use, which as a residential condominium lacks an agrarian purpose, so jurisdiction should belong to the civil courts.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "biodiversity-law-7788", "procedural-environmental" ], "date": "06/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1206954.json", "html_url": "/legal/doc/nexus-sen-1-0034-1206954", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1206954" }, { "id": "nexus-sen-1-0034-1206956", "citation": "Res. 01052-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of possessory interdict by non-indigenous person in China Kichá territory due to activation of state land recovery plan", "title_es": "Improcedencia de interdicto posesorio de no indígena en territorio China Kichá por activarse el plan estatal de saneamiento", "summary_en": "The Agrarian Court overturned a lower court ruling that had granted a possessory interdict to a non-indigenous person over several properties within the China Kichá indigenous territory. The Court held that although the interdict process protects current and momentary possession, a lack of current legal interest had arisen because the State, through INDER and in compliance with the Indigenous Territories Recovery Plan, had already initiated an administrative procedure that declared the plaintiff a good-faith possessor for most properties and ordered their expropriation. The judicial solution had to be harmonized with the State's international obligations under ILO Convention 169 and the Inter-American Court's jurisprudence, which require guaranteeing collective indigenous property through territorial clarification and avoiding conflicts. The Court found that maintaining the interdict would cause a regression and deepen social conflict, and therefore dismissed the claim in its entirety.", "primary_topic_id": null, "topic_ids": [ "indigenous-law-6172", "property-and-titling" ], "date": "06/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1206956.json", "html_url": "/legal/doc/nexus-sen-1-0034-1206956", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1206956" }, { "id": "nexus-sen-1-0034-1206984", "citation": "Res. 01080-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Sale of lot in Radiant Sun Valley — claims for hidden defects barred by statute of limitations", "title_es": "Venta de lote en Radiant Sun Valley — pretensiones por vicios ocultos prescritas", "summary_en": "The Agrarian Court upholds the lower court's ruling that declared the contractual resolution and damages claim brought by The Blue Ocean S.A. against Radiant Sun Valley S.A. time-barred. The plaintiff alleged breach of contract based on hidden defects (lack of infrastructure, water availability, and concealment of an environmental proceeding before the Environmental Administrative Tribunal) regarding a lot purchased in 2011 to build a home. While the Court corrects the lower court's reasoning —which assumed the starting date was the contract date without analyzing whether the defects were truly hidden— it finds that the claim for lack of electricity, water, and sewer at the time of transfer is barred because the buyer was aware of and accepted that situation when finalizing the purchase. The alleged lack of water availability does not constitute a hidden defect because it was verifiable before purchase. As for the administrative environmental proceeding, the evidence does not show that the lot is unfit for its intended use, so it does not qualify as a hidden defect. Therefore, all claims are time-barred under Article 868 of the Civil Code.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "procedural-environmental", "subdivision-fraccionamiento" ], "date": "16/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1206984.json", "html_url": "/legal/doc/nexus-sen-1-0034-1206984", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1206984" }, { "id": "nexus-sen-1-0034-1206987", "citation": "Res. 01083-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over tree removal in a residential zone", "title_es": "Competencia agraria sobre corta de árbol en zona habitacional", "summary_en": "The Agrarian Tribunal reviewed a lower court's decision to decline jurisdiction in a summary proceeding for the removal of a tree located on the boundary of two residential properties. The majority held that a tree, as a natural resource, triggers agrarian subject-matter jurisdiction under Articles 1 and 2 of the Agrarian Jurisdiction Law and Article 108 of the Biodiversity Law, which assigns disputes between private parties not involving administrative acts or public domain to agrarian courts. The ruling emphasizes the public environmental interest in ecosystem conservation. Consequently, the jurisdictional challenge was rejected, and the case was remanded to the Agrarian Court for further proceedings, including the urgent measure requested. Judge Alpízar Rodríguez dissented, arguing that since the properties lack agrarian vocation and are in an urban area, the matter should be heard by a civil court.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "16/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1206987.json", "html_url": "/legal/doc/nexus-sen-1-0034-1206987", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1206987" }, { "id": "nexus-sen-1-0034-1206998", "citation": "Res. 01095-2023 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Requirements for titling within Los Santos Forest Reserve via possessory information", "title_es": "Requisitos para titular dentro de la Reserva Forestal Los Santos mediante información posesoria", "summary_en": "The Agrarian Court upholds the approval of a possessory information proceeding over a 4.583,88 m² plot in San Gerardo de Dota, within Los Santos Forest Reserve. The applicant proved a possessory chain since the 1960s, prior to the creation of the protected area in 1975. The Attorney General's Office appealed, arguing that the land had been in the public domain since 1939 due to the two-kilometer strip of the Pan-American Highway, and that no ecological possession had been demonstrated. The Court rejects these arguments: the deaffection from public domain occurred upon the entry into force of Article 7 of the Law on Possessory Information; moreover, although the land is used as pasture with scattered trees, it was confirmed that there was no impact on forest cover, and the use was deemed compatible with the Forest Reserve regime. The ruling emphasizes that each case must be analyzed individually and that, once the requirements of prior ten-year possession and protection of natural resources are met, titling is proper.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "20/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1206998.json", "html_url": "/legal/doc/nexus-sen-1-0034-1206998", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1206998" }, { "id": "nexus-sen-1-0034-1209775", "citation": "Res. 00487-2023 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Restitution of things to prior state in forestry crimes despite acquittal", "title_es": "Restitución de cosas al estado anterior en delitos forestales pese a absolutoria penal", "summary_en": "The Criminal Sentence Appeals Court of Cartago, by majority, upheld the appeal filed by the Attorney General's Office against an acquittal that denied restitution to the prior state. The case involved the invasion of a water protection area through crops and a road on private land. The trial court acquitted the defendant due to doubt about authorship but refused to restore the affected area, arguing the current owner was unknown and the persistence of damage unproven. The majority of the Appeals Court found the judgment lacked adequate reasoning, since restitution is proper even without a criminal conviction, as it derives from the fundamental right to a healthy environment; moreover, jurisprudence has established that third-party owners lack standing to oppose restoration of illegally affected protection zones, given the legal restriction on property rights. The judgment was partially annulled and remanded solely to decide restitution, with notice to the recorded owner. The dissenting vote held that the civil action was not directed against the new owner and that environmental restoration measures belong in the administrative sphere.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "20/12/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-0034-1209775.json", "html_url": "/legal/doc/nexus-sen-1-0034-1209775", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1209775" }, { "id": "nexus-sen-1-0034-1210587", "citation": "Res. 00128-2024 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquittal for doubt in illegal timber acquisition crime overturned for insufficient reasoning", "title_es": "Absolución por duda en delito de adquisición ilegal de madera anulada por falta de fundamentación", "summary_en": "The Specialized Criminal Appeals Court for Organized Crime reviewed an appeal filed by the Attorney General's Office against an acquittal by the trial court for the crime of illegal acquisition or processing of forest products, based on the in dubio pro reo principle. The prosecution argued erroneous assessment of evidence and lack of reasoning, contending that the trial court required elements not in the statutory definition (such as proving business ownership) and failed to integrally assess documentary and testimonial evidence linking the accused to the illegal use of 486 pieces of timber. The appeals court upheld the appeal, overturned the acquittal, and ordered a new trial, finding that the judgment's reasoning did not meet the standards of sufficiency and respect for the rules of sound critical reasoning.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "29/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1210587.json", "html_url": "/legal/doc/nexus-sen-1-0034-1210587", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1210587" }, { "id": "nexus-sen-1-0034-1211574", "citation": "Res. 00052-2024 Tribunal de Apelación de Trabajo del I Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity for Failure to Join Necessary Party", "title_es": "Nulidad por falta de integración del litis consorcio pasivo necesario", "summary_en": "The Labor Appeals Court annuls the lower court's ruling after finding that the judge held the defendants (an investor and his company) jointly liable as employers, even though the answer and the plaintiff's own confession indicated the real employer was an undemand cooperative. The Court holds that the judge should have ordered joinder of the necessary party under Article 496 of the Labor Code — specifically, by giving the plaintiff the option to include the cooperative — before entering judgment. It rejects applying the in dubio pro operario principle to fill a procedural gap: procedural law is governed by principles of equality and legality, and a court may not impose liability based on doubts alone without joining the alleged employer. The nullity is decreed to safeguard due process and the right to defense, returning the case for correction of the litisconsortium defect.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1211574.json", "html_url": "/legal/doc/nexus-sen-1-0034-1211574", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1211574" }, { "id": "nexus-sen-1-0034-1212811", "citation": "Res. 00006-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of possessory interdict for lack of current interest in China Kichá indigenous territory", "title_es": "Rechazo de interdicto posesorio por pérdida de interés actual en territorio indígena China Kichá", "summary_en": "The Agrarian Tribunal overturns a judgment that had upheld a possessory interdict claim filed by a non-indigenous person, Miguel Vargas Mata, against members of the China Kichá indigenous community and its development association. The plaintiff sought possession of several properties located within the China Kichá Indigenous Reserve. During the proceedings, the Rural Development Institute (INDER), implementing the National Plan for the Recovery of Indigenous Territories (PLAN-RTI), declared the plaintiff a bad-faith possessor of those properties and ordered the initiation of procedures to nullify the transfers and return the lands to the indigenous people. This administrative decision was confirmed by the same Agrarian Tribunal in a hierarchical appeal. The Tribunal finds that, given the ongoing state action to recover the indigenous territory in accordance with conventionality and constitutionality standards, a lack of current interest has arisen in the interdict proceedings. It holds that the interdict cannot serve as a mechanism that contradicts the State's international obligations to protect the territorial rights of indigenous peoples. Consequently, it dismisses the claim in its entirety and lifts the precautionary measures granted to the plaintiff.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "10/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1212811.json", "html_url": "/legal/doc/nexus-sen-1-0034-1212811", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1212811" }, { "id": "nexus-sen-1-0034-1212813", "citation": "Res. 00008-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Authorization to use timber from tree felled due to danger", "title_es": "Autorización de aprovechamiento de árbol derribado por peligrosidad", "summary_en": "The Agrarian Tribunal hears an appeal in a summary proceeding for the felling of a cedar tree located on a property in Nicoya, Guanacaste. The plaintiff, owner of the property, sought judicial authorization to cut down the tree because it posed a danger, and also requested the right to use the timber to offset the costs of felling. The lower court authorized the felling but referred the plaintiff to MINAE to process the timber use. The Agrarian Tribunal reverses this decision and directly authorizes the use, holding that since the felling was authorized due to danger based on a technical report from MINAE, use of the timber is a logical consequence of the felling (Article 509 of the Civil Code) and requires no additional administrative authorization. It distinguishes that Article 27 of the Forestry Law, which regulates tree cutting on agricultural land, does not apply to this interdictal danger-felling case. Moreover, there is no evidence in the record that the tree is located in a river protection zone. The court clarifies that the interested party must request the respective transport permits if timber transport is needed.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "10/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1212813.json", "html_url": "/legal/doc/nexus-sen-1-0034-1212813", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1212813" }, { "id": "nexus-sen-1-0034-1212824", "citation": "Res. 00020-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian Jurisdiction over Tree Removal in Urban Areas", "title_es": "Competencia agraria en derribo de árbol en zona urbana", "summary_en": "The Agrarian Tribunal resolves a jurisdictional conflict in which the Agrarian Court of Santa Cruz declined to hear a summary proceeding for tree removal, arguing the property was civil rather than agrarian in nature. The Tribunal overrules the abstention, holding that trees are natural resources governed by laws such as the Biodiversity Law. It notes that Article 108 of that law assigns jurisdiction to the agrarian courts for disputes between private parties that do not involve administrative acts or public domain. Additionally, Article 11 of the same law incorporates environmental public interest criteria that must be considered. The Tribunal concludes that the claim—danger from a tree falling on a house—concerns a natural resource and therefore falls under agrarian jurisdiction, ordering the proceedings to continue.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "17/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1212824.json", "html_url": "/legal/doc/nexus-sen-1-0034-1212824", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1212824" }, { "id": "nexus-sen-1-0034-1214016", "citation": "Res. 00266-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Execution of judgment on damages for termination of the Parismina Hydroelectric Project", "title_es": "Ejecución de sentencia sobre daños y perjuicios por rescisión del Proyecto Hidroeléctrico Parismina", "summary_en": "This resolution by the Administrative Contentious Court addresses the execution of Judgment No. 13-2019, which ordered the Costa Rican Electricity Institute (ICE) to pay damages for terminating the Parismina Hydroelectric Project, limited to pre-investment expenses between October 24, 2012, and October 31, 2013. The plaintiff, Desarrollo Hidroeléctrico Parismina S.A., sought provisional execution for various items, including land, logistical and administrative costs, engineering designs, and financial services. The resolution details the proven facts, mainly contracts, invoices, checks, and other accounting documents supporting the expenditures. However, multiple inconsistencies are evident: invoices and payments in the name of Proveedora de Servicios Eléctricos de Guácimo (PSEG) instead of the plaintiff, duplicate records, illegible documents, and expenses that may not be directly linked to pre-investment. The executing judge does not decide the final liquidation in this act, but rather analyzes the expert and testimonial evidence, including reports by certified public accountants and an actuary, to determine the appropriateness and amount of the claimed sums, leaving the case for later decision.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1214016.json", "html_url": "/legal/doc/nexus-sen-1-0034-1214016", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1214016" }, { "id": "nexus-sen-1-0034-1214158", "citation": "Res. 00456-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Closure of unlicensed construction potentially affecting a spring in Puriscal", "title_es": "Clausura de obra sin licencia por posible afectación de naciente en Puriscal", "summary_en": "The Administrative Court confirms the Puriscal Mayor's resolution upholding the closure of an unlicensed housing extension on a property where a spring is allegedly present. The owner claimed defenselessness because the Municipality postponed a final decision pending the Water Directorate's technical opinion on the spring's nature. Acting as a non-hierarchical legality controller, the Court holds that the challenged act, though a procedural step, has direct legal effect due to the closure. On the merits, it finds the municipal requirement for a construction license and the postponement until certainty on the protection zone are lawful. Invoking the precautionary principle and Article 50 of the Constitution, the Court rules that environmental protection must prevail given the uncertainty about the spring. The administrative path is deemed exhausted.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "art-50-constitution", "procedural-environmental" ], "date": "24/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1214158.json", "html_url": "/legal/doc/nexus-sen-1-0034-1214158", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1214158" }, { "id": "nexus-sen-1-0034-1214170", "citation": "Res. 00474-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Registry inscription does not validate private ownership of mangroves and maritime-terrestrial zone", "title_es": "Inscripción registral no convalida dominio privado sobre manglares y zona marítimo terrestre", "summary_en": "The Administrative Litigation Tribunal dismissed the lawsuit filed by Coffee Zombi S.A. and Valle Perdido Dos S.A., who claimed invasion of their properties and irregular granting of concessions in the maritime-terrestrial zone in Playa Hermosa de Jacó. The plaintiffs failed to prove standing, as they had not registered the \"resto reservado\" (reserved remainder) they claimed to have acquired, nor did they demonstrate that the disputed portions were not part of the maritime-terrestrial zone. Regarding the State's counterclaim, the Tribunal ruled in its favor: based on reports from the National Geographic Institute, it determined that 32% of the property registered to Coffee Zombi S.A. (folio real 6-150867-000) lies within the restricted area of the maritime-terrestrial zone, an area that due to its public domain nature and because it contains a protected mangrove forest as State Natural Heritage, cannot be reduced to private ownership. The court ordered the cadastral plan and registry entry to be corrected to exclude the public domain area, reaffirming the imprescriptibility, inalienability and unseizability of these public goods.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "25/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1214170.json", "html_url": "/legal/doc/nexus-sen-1-0034-1214170", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1214170" }, { "id": "nexus-sen-1-0034-1214265", "citation": "Res. 00606-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Overlapping Regimes and Disaffection in the Caldera Port Zone", "title_es": "Regímenes superpuestos y desafectación en la Zona Portuaria de Caldera", "summary_en": "The Administrative Litigation and Civil Treasury Court decided a declaratory action brought by development and neighborhood associations against the Municipality of Esparza, with a third-party claim by the State. The dispute concerned the legal regime applicable to lands originally designated as Reserved Port Zone (ZPR) by Laws 5582 and 6309, and later partially disaffected by Law 7915, in the area known as Mata Limón. The ruling holds that public domain status permits overlapping regulatory layers; thus, disaffection does not automatically remove all protective regimes. It declares that in the current ZPR, Law 6043 (Maritime-Terrestrial Zone) applies complementarily, but Laws 9242 and 9408 do not. For the disaffected coastal area, the Urban Planning Law governs, and an Urban Regulatory Plan—not a Coastal Plan—must be prepared per amended Article 79 of Law 6043. The court also granted the State's claims excluding municipal planning from the Tivives Protected Zone, mangroves, and other State Natural Heritage areas, which are administered by SINAC. Both the main action and the third-party claim were partially granted, with no costs due to reciprocal partial success.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "forestry-law-7575" ], "date": "31/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1214265.json", "html_url": "/legal/doc/nexus-sen-1-0034-1214265", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1214265" }, { "id": "nexus-sen-1-0034-1214268", "citation": "Res. 00611-2024 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Court Denies Order for AyA to Take Over Amapola Aqueduct", "title_es": "Improcedencia de orden judicial al AyA para asumir acueducto Amapola", "summary_en": "The Administrative Appeals Tribunal dismisses the lawsuit filed by the El Roble Integral Development Association, which sought to declare the drinking water service provided by the Municipality of Santa Bárbara from the 'Amapola' system as inefficient and to order the AyA (Institute of Aqueducts and Sewers) to take over its administration. The ruling examines the scope of Article 2(g) of the AyA's Constitutive Law, which grants AyA discretionary power to assume municipal aqueducts, weighing not only service efficiency but also convenience and resource availability. The Tribunal finds that the plaintiff failed to prove through competent expert evidence that the service was technically or scientifically inefficient, nor did it establish the necessary conditions of convenience and budgetary feasibility. Although historical deficiencies and non-compliance with sanitary orders were demonstrated, AyA had determined the water to be potable and has exercised its governing powers through intervention and monitoring, thus the requested court order is denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1214268.json", "html_url": "/legal/doc/nexus-sen-1-0034-1214268", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1214268" }, { "id": "nexus-sen-1-0034-1214271", "citation": "Res. 00615-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Request to halt urban development due to possible impact on protected area", "title_es": "Solicitud de paralización de proyecto urbanístico por posible afectación a zona protegida", "summary_en": "The Association Salvemos Las Lomas requested a precautionary measure to suspend construction permits and environmental viability for the 'La Arboleda' project, alleging it lies within the Buffer Zone of Loma Salitral, a protected area under Desamparados' POT. It claimed serious and irreparable environmental damage. The Administrative Court denied the measure, finding no proof of urgency: the evidence assumed the disputed premise that the project is in the buffer zone, which is unproven; moreover, SETENA and MINAE reports indicate works will occur outside the protected area. The balance of interests also favored the public interest in a housing development that holds valid environmental viability and judicially confirmed permits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "31/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1214271.json", "html_url": "/legal/doc/nexus-sen-1-0034-1214271", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1214271" }, { "id": "nexus-sen-1-0034-1214465", "citation": "Res. 00771-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Equestrian School and Horse Keeping in Mora's Industrial Zone", "title_es": "Escuela de equitación y tenencia de equinos en zona industrial de Mora", "summary_en": "The Contentious Administrative Court partially granted the claim filed by Centro Ecuestre del Sol S.A. against the Municipality of Mora. The dispute centered on whether a land-use certificate for an equestrian school in an industrial zone (Types 1 and 2) could lawfully prohibit the keeping of horses on the premises. The court annulled the certificate issued on August 6, 2009, which allowed the commercial activity but barred the presence of animals, and also voided all related administrative acts that upheld that restriction. It held that the municipality's interpretation lacked technical and legal justification, given that SENASA and the Ministry of Health had recommended keeping animals on site to avoid health risks from frequent transport. The ruling emphasized that land-use certificates are declaratory and must align with zoning regulations, and found that the municipality had violated principles of reasonableness, proper motivation, and the bounds of its discretionary powers. The municipality was ordered to issue a new certificate without the animal-keeping restriction and was condemned to pay costs.", "primary_topic_id": null, "topic_ids": [], "date": "09/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1214465.json", "html_url": "/legal/doc/nexus-sen-1-0034-1214465", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1214465" }, { "id": "nexus-sen-1-0034-1214466", "citation": "Res. 00792-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lifting of precautionary measure for road in primary forest", "title_es": "Levantamiento de medida cautelar por camino en bosque primario", "summary_en": "The Contentious-Administrative Tribunal denies a precautionary measure requested by Alejandro Country Life S.A. against the Municipality of Upala, which sought to halt intervention on a trail considered a public road by the municipality. The company argued that the trail crosses an area of primary forest on its property and that intervention would cause irreversible environmental damage and illegal land-use change. The Tribunal analyzes the precautionary requirements and concludes that, although there may be a risk of property damage, the appearance of good law is weakened because official documents indicate the road is public. Moreover, in balancing interests, the public interest in free transit and security prevails, leading to the lifting of the previously granted provisional measure.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "09/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1214466.json", "html_url": "/legal/doc/nexus-sen-1-0034-1214466", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1214466" }, { "id": "nexus-sen-1-0034-1214545", "citation": "Res. 00848-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal dismissed for lack of illegality claims and Cartago minimum frontage", "title_es": "Apelación rechazada por falta de agravios de ilegalidad y frente mínimo en Cartago", "summary_en": "The Costa Rican Administrative Appeals Tribunal ruled on an appeal against the Municipality of Cartago, which had denied a compliant land-use certificate for the subdivision of a property in the San Francisco district. The applicant sought to split a remainder of a farm into two lots with a 7-meter frontage onto a public road. The Municipality found the use non-compliant because the lots failed to meet the minimum 8-meter frontage required by the local zoning plan for the ZRMD (S3) residential zone. The Tribunal dismissed the appeal, holding that the applicant had not raised any grounds of illegality against the administrative act, but instead explicitly acknowledged that the denial was legal due to non-compliance with the zoning plan. It also noted that municipal autonomy does not authorize disregard of specific regulations to accommodate individual interests, and that the Tribunal could not by its own motion supply missing legal arguments on behalf of the appellant. The administrative remedy was considered exhausted.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1214545.json", "html_url": "/legal/doc/nexus-sen-1-0034-1214545", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1214545" }, { "id": "nexus-sen-1-0034-1214666", "citation": "Res. 00947-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Unavailability of Adverse Possession in the Maritime-Terrestrial Zone", "title_es": "Improcedencia de usucapión en la zona marítimo terrestre", "summary_en": "The Third Section of the Contentious Administrative Tribunal dismissed the adverse possession claim filed by José Enrique Cruz Zeledón against the Municipality of Puntarenas over a 1,207 m² plot located in the maritime-terrestrial zone between Chacarita and the mouth of the Barranca River. The tribunal determined that the property has been public domain since colonial times under Article 1 of Law No. 6043, making it inalienable, imprescriptible, and unseizable. Although the plaintiff showed acts of possession since 1998 over land adjacent to his own property, the public-domain status precludes acquiring ownership by adverse possession. The claim for improvements was also rejected due to lack of evidence. The tribunal clarified that the only way the plaintiff could acquire rights is through a municipal sale authorized by Article 76 of the Law, subject to its requirements and restrictions. Both costs were awarded against the plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "16/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1214666.json", "html_url": "/legal/doc/nexus-sen-1-0034-1214666", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1214666" }, { "id": "nexus-sen-1-0034-1215338", "citation": "Res. 00109-2024 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Invasion of a protection zone without joint evidence analysis", "title_es": "Invasión de área de protección sin análisis conjunto de pruebas", "summary_en": "The Criminal Appeals Court overturned the acquittal by the Alajuela Trial Court, finding the evidentiary assessment deficient and incomplete. The trial judge had acquitted the defendant of invading a conservation area based on in dubio pro reo, concluding that it was not proven that the structures within the spring protection zone were new. The Attorney General's Office appealed, arguing that the trial judge failed to jointly analyze the SINAC officers' testimonies—who detailed the new constructions (access ramp, concrete slab, warehouse expansion) and the dates of inspections—and the documentary evidence (reports and forensic planimetry). The Appeals Court held that the trial judge truncated the testimonies, omitted relevant information about the new works, and did not confront the testimonies with the documents, merely citing them without rigorous analysis. The trial court also omitted analysis of the environmental legislation on strict civil liability. The case was remanded for a new trial on both criminal and civil liability.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "20/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1215338.json", "html_url": "/legal/doc/nexus-sen-1-0034-1215338", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1215338" }, { "id": "nexus-sen-1-0034-1216807", "citation": "Res. 00148-2024 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Restitution to original state is not a precautionary measure: it must be reasoned even if the accused is acquitted", "title_es": "Restitución al estado original no es medida cautelar: debe motivarse aun si se absuelve al imputado", "summary_en": "The Court of Criminal Appeal of the Second Judicial Circuit of San José annuls the acquittal issued in case No. 11-000899-0485-PE for invasion of a protected area in Tortuguero, but only regarding the civil claims (damages and demolition) brought by the Attorney General’s Office. The court upholds the appeal of the State’s criminal attorney because the trial judge rejected the restitution of things to their original state by mistakenly treating it as an \"atypical precautionary measure\", without assessing the technical evidence or properly reasoning the decision. Errors in the factual determination were found: the trial court focused on whether the accused lived in the building, instead of examining whether he participated in the construction and invasion of the protected area, and it dismissed, without methodological comparison, the conclusions of experts and technical witnesses who identified a stream, relying instead on a witness with empirical knowledge. The appellate court concludes that the judgment lacks logic, fails to analyze the nature of restitution under Article 366 of the Criminal Procedure Code and the various jurisprudential positions. The criminal acquittal remains final and binding, and a new civil-environmental trial is ordered before a different court.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "30/01/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1216807.json", "html_url": "/legal/doc/nexus-sen-1-0034-1216807", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1216807" }, { "id": "nexus-sen-1-0034-1217241", "citation": "Res. 00190-2024 Tribunal de Familia", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Digital Signature Invalid in Family Appeal", "title_es": "Firma digital inválida en recurso de familia", "summary_en": "The Family Court ruled on an appeal in a summary divorce proceeding. The appellant filed the appeal via a digital document containing images of signatures, rather than valid handwritten or digital signatures as required by procedural rules. The court recalled that, under Article 114 of the 1989 Civil Procedure Code, all filings must bear the signature of a lawyer authenticating the petitioner's signature. In the digital context, the Regulation on Electronic Judicial Files requires digital, electronic, or holographic signatures ensuring authenticity, integrity, and security. However, in family matters, digital signatures based on a digital certificate are prohibited by Article 5(c) of Law 8454, as they contravene the nature of family acts. The court clarified that it only admits handwritten signatures, which may be incorporated via scanned document, fax, or physical filing. Since the appeal lacked a valid signature, it was summarily dismissed. This decision does not address any environmental issue, being purely a matter of family procedural law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1217241.json", "html_url": "/legal/doc/nexus-sen-1-0034-1217241", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1217241" }, { "id": "nexus-sen-1-0034-1217483", "citation": "Res. 00098-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over rural aqueduct water catchment tank", "title_es": "Competencia agraria para tanque de captación de acueducto rural", "summary_en": "The Agrarian Tribunal rejects the jurisdictional challenge raised by the Agrarian Court and holds that the possessory information proceeding concerning a 381-square-meter plot housing a rural aqueduct association's water catchment tank falls within the specialized agrarian jurisdiction. Although the property is small and designated as a green zone and water tank, the tribunal finds that its current use for water supply is essential for rural communities and for the development of agrarian activities and enterprises in the area. The tribunal broadly construes Articles 1 and 2(h) of the Agrarian Jurisdiction Law, stating that agrarian competence extends to disputes connected to agrarian or agro-environmental activities, and that access to water resources is a fundamental environmental consideration for such activities. It orders the case to proceed before the originating Agrarian Court.", "primary_topic_id": null, "topic_ids": [], "date": "01/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1217483.json", "html_url": "/legal/doc/nexus-sen-1-0034-1217483", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1217483" }, { "id": "nexus-sen-1-0034-1217487", "citation": "Res. 00102-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Landlord not liable for damage caused by another's cattle", "title_es": "Improcedencia de responsabilidad del arrendante por daños causados por ganado ajeno", "summary_en": "The Agrarian Tribunal overturns the lower court's ruling that had held the defendant—owner of a leased property—liable for damage caused by his tenant's cattle to the plaintiff's corn and bean crops. The Tribunal finds that the requirements of passive standing and causation for a tort claim are not met, because the animals that caused the damage did not belong to the defendant but to a third party, Mr. Nicanor Mora, as acknowledged by the plaintiff in the complaint. Under Article 22 of the Animal Welfare Law, the obligation to indemnify for damage caused by animals falls on their owner or possessor, not on the owner of the premises where they were kept. The defense of lack of passive standing is upheld, the claim is dismissed in its entirety, and the plaintiff is ordered to pay the costs of the proceedings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1217487.json", "html_url": "/legal/doc/nexus-sen-1-0034-1217487", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1217487" }, { "id": "nexus-sen-1-0034-1217525", "citation": "Res. 00151-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of possessory information over land in Río Macho Forest Reserve for failure to prove decennial possession prior to its creation", "title_es": "Improcedencia de información posesoria sobre terreno en Reserva Forestal Río Macho por falta de prueba de posesión decenal anterior a su creación", "summary_en": "The Agrarian Court overturned the approval of a possessory information proceeding concerning a property located within the Río Macho Forest Reserve, established in 1964. The petitioner failed to prove, through adequate testimonial evidence, the exercise of agrarian possession for at least ten years prior to the creation of the protected area—an essential requirement under Article 7 of the Possessory Information Law. The witnesses could not attest to such possession because two of them were born after 1964 and the third was only three years old at that time. The court emphasized that titling land within the State’s Natural Heritage requires proving not only prior decennial possession but also forest conservation, and that witness testimony must be based on directly known facts. Since these requirements were unmet, the proceeding was denied and the lower court’s ruling reversed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "16/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1217525.json", "html_url": "/legal/doc/nexus-sen-1-0034-1217525", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1217525" }, { "id": "nexus-sen-1-0034-1220408", "citation": "Res. 00066-2024 Tribunal de Apelación Civil y Trabajo Guanacaste Sede Liberia Materia Civil", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of appeal against rejection of lack of subject-matter jurisdiction in civil proceedings", "title_es": "Rechazo de apelación por denegatoria de excepción de incompetencia material en proceso ordinario civil", "summary_en": "The Civil and Labor Appeals Court of Guanacaste, Liberia Division, hears an appeal against the denial of an appeal filed by the defendant against the decision that rejected the exception of lack of subject-matter jurisdiction. The plaintiff, Inmobiliaria San Aquileo S.A., sued José Antonio Méndez Montero in ordinary civil proceedings. The defendant argued that the case falls under agrarian jurisdiction due to the land's nature, where he claims agricultural activities take place. The trial court rejected the jurisdictional exception, and upon appeal, denied it as it is not listed among the appealable decisions under Article 67.3 of the Civil Procedure Code. The appeals court confirms that, under Article 67.3.6, only decisions upholding procedural exceptions are appealable, not those rejecting them. It notes that Article 10 of the Civil Procedure Code, which allows appeal on jurisdictional decisions, does not define specific cases, so the general rule applies. Other arguments regarding nullity and lack of judicial inspection are deemed unrelated to the subject of the appeal against denial. The appeal is denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1220408.json", "html_url": "/legal/doc/nexus-sen-1-0034-1220408", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1220408" }, { "id": "nexus-sen-1-0034-1221639", "citation": "Res. 00259-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ecological Possession and Usucapion on Forest Land Outside Protected Area", "title_es": "Posesión ecológica y usucapión en terreno forestal fuera de área protegida", "summary_en": "The Agrarian Court confirms the approval of a possessory information proceeding over an 82-hectare property with forest cover and livestock use, located outside protected wilderness areas. It rejects the State Attorney General's appeal, which argued that forest lands belong to the state's natural heritage and that possession predating the public domain declaration was not proven. The court applies Article 7 of the Possessory Information Law, allowing titling upon proof of over ten years of possession and protection of the forest resource, including transmitted possession. The decision traces the regulatory evolution from the 1961 Land and Colonization Law to Forestry Law 7575, emphasizing ecological possession and the environmental function of property. It verifies that the property is not in a protected area, that sustainable possession was certified by INTA, and that witnesses confirm the chain of possession. It subjects the property to legal restrictions on water, roads, and forest protection.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "13/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1221639.json", "html_url": "/legal/doc/nexus-sen-1-0034-1221639", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1221639" }, { "id": "nexus-sen-1-0034-1221669", "citation": "Res. 00289-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory Information Denied in Tiribí River Protective Zone", "title_es": "Improcedencia de información posesoria en Zona Protectora del Río Tiribí", "summary_en": "The Agrarian Court upheld the denial of a possessory information proceeding sought by Trio Roseden Ranred S.A. over a 70,042.24 m² property located in the Tiribí River Protective Zone. The petitioner only demonstrated possession from September 24, 1982, whereas the zone was created by Decree 6112 on July 17, 1976, requiring proof of ten-year possession prior to that date. The court applied Article 7 of the Possessory Information Law and reaffirmed that lands within protected wild areas are part of the State's Natural Heritage, are inalienable and imprescriptible public domain property, so possession after the public domain designation is not suitable for adverse possession. The ruling emphasizes that the burden of proof lies with the petitioner.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "15/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1221669.json", "html_url": "/legal/doc/nexus-sen-1-0034-1221669", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1221669" }, { "id": "nexus-sen-1-0034-1221673", "citation": "Res. 00293-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of interdict by non-indigenous party in China Kichá territory due to state recovery plan", "title_es": "Improcedencia de interdicto de no indígena en territorio China Kichá por plan de recuperación estatal", "summary_en": "The Agrarian Tribunal overturns a lower court ruling that had granted an interdict action for possession protection filed by Agropecuaria La Silva S.A., a non-indigenous company, against indigenous individuals in the China Kichá territory. The Tribunal finds that because the property lies within an indigenous territory and is part of the National Plan for the Recovery of Indigenous Territories led by INDER, there is a lack of current legal interest that bars the interdict action. It relies on the principle that indigenous lands are the exclusive property of indigenous communities under Indigenous Law No. 6172 and ILO Convention 169, rendering non-indigenous possession null and void. As the State has initiated an administrative preliminary investigation and potential expropriation of the property, the dispute must be resolved through that channel, harmonizing judicial actions with Costa Rica’s international obligations to protect indigenous territorial rights. The lawsuit is dismissed in all respects, with no special award of costs.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "property-and-titling" ], "date": "19/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1221673.json", "html_url": "/legal/doc/nexus-sen-1-0034-1221673", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1221673" }, { "id": "nexus-sen-1-0034-1221765", "citation": "Res. 00427-2024 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Marine-Terrestrial Zone Invasion — Annulment for Inconsistency", "title_es": "Invasión de zona marítimo terrestre — nulidad por incongruencia", "summary_en": "The Criminal Sentence Appeals Tribunal of the Second Judicial Circuit of San José annulled an acquittal issued by the Criminal Trial Court of the First Atlantic Judicial Circuit in a case of marine-terrestrial zone invasion. The appealed ruling acquitted the defendant based on the in dubio pro reo principle, yet its findings of fact fully established all elements of the crime, including the defendant’s authorship of two houses built within the public zone. The appeals court detected an absolute inconsistency between the proved facts and the acquittal reasoning, violating the duty to provide proper grounds under Articles 142 and 184 of the Criminal Procedure Code. The ruling was entirely nullified, lifting the demolition order and the restitution to the prior state. The case was remanded for new proceedings, without addressing the four grounds of appeal raised by the defense.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "13/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1221765.json", "html_url": "/legal/doc/nexus-sen-1-0034-1221765", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1221765" }, { "id": "nexus-sen-1-0034-1222964", "citation": "Res. 01005-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Joinder of necessary co-defendant in precautionary measure for lack of environmental studies", "title_es": "Integración de litis consorcio pasivo en medida cautelar por falta de estudios ambientales", "summary_en": "The Contentious-Administrative and Civil Treasury Tribunal ex officio orders the joinder of Gocesa del Molino S.A. as a necessary co-defendant in a precautionary measure brought by an individual against the Municipality of Coto Brus. The petitioner seeks the immediate suspension of the administrative act awarding a public tender for the design and construction of a monument and boulevard, arguing that the project lacks environmental impact studies, hydrological studies, and public consultation. The tribunal finds that the awarded company must be joined to the proceedings to safeguard its rights and interests, as required by Articles 12, 3) and 71 of the Contentious-Administrative Procedure Code. The claimant is warned to provide the company's legal registration, exact address, and copies of the case file within three working days, under penalty of the precautionary measure being declared inadmissible and archived.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1222964.json", "html_url": "/legal/doc/nexus-sen-1-0034-1222964", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1222964" }, { "id": "nexus-sen-1-0034-1223053", "citation": "Res. 01138-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of AyA Regional Director for deficiencies in contract supervision", "title_es": "Despido de Director Regional de AyA por faltas en fiscalización de contrato", "summary_en": "The Administrative and Civil Treasury Court denies the claim filed by Irving Zelaya Palacios against AyA, upholding his dismissal without employer liability. The claimant, former Regional Director for Brunca at the Costa Rican Institute of Aqueducts and Sewers, was sanctioned by the General Management with dismissal and ordered to pay 10,341,616.5 colones after an internal disciplinary procedure. He was found to have committed a serious fault as contract administrator for a public works project, by failing to properly supervise the work, approving payments for unbuilt infrastructure and signing the final settlement without verifying full contractual compliance. The Court rejects all the claimant's arguments: the expiration of the disciplinary power, alleged violations of due process (hearing, defense, equality, impartial tribunal, presumption of innocence, material truth, proportionality) and the challenge to the administrative charge. It concludes that the dismissal was based on gross negligence and loss of trust, which the claimant failed to rebut. Costs are awarded against the claimant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1223053.json", "html_url": "/legal/doc/nexus-sen-1-0034-1223053", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1223053" }, { "id": "nexus-sen-1-0034-1223056", "citation": "Res. 01143-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of titling on State Natural Heritage lands", "title_es": "Nulidad de titulación sobre terrenos del Patrimonio Natural del Estado", "summary_en": "The Administrative Court rules in favor of the nullity action (lesividad) filed by INDER against Marvin Porras Sánchez and Palacios y Paraísos Tropicales S.A. The 2004 IDA Board decision granting title to a plot in Naranjito, Puntarenas, as well as the transfer deeds and registration, are annulled. The Court finds the property constitutes State Natural Heritage under Articles 13, 14 and 15 of the Forestry Law, given it originated from a national reserve titling program later declared unconstitutional and had a MINAE certificate confirming it. As a public domain asset, the nullity action is not subject to statute of limitations or prescription. Absolute nullity is declared, with retroactive effects to the date of the annulled acts. Defenses of prescription, expiry, and lack of right are dismissed; no costs are imposed due to sufficient reason to litigate.", "primary_topic_id": "property-and-titling", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "23/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1223056.json", "html_url": "/legal/doc/nexus-sen-1-0034-1223056", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1223056" }, { "id": "nexus-sen-1-0034-1223105", "citation": "Res. 01202-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of tax audit procedure due to inconsistency in fiscal periods requested", "title_es": "Nulidad de procedimiento de fiscalización tributaria por incongruencia en los períodos fiscales requeridos", "summary_en": "The Administrative Appeals Court reviewed an appeal against Municipal Resolution R-124-22, which confirmed a business license tax assessment against Empresas Berthier EBI de Costa Rica S.A. The company argued that the tax audit procedure initially requested information only for fiscal years 2017-2021, but the regularization proposal also included 2022, without any formal expansion of the request. The Court granted the appeal and annulled the entire administrative procedure, ordering it to be restarted, holding that the inconsistency between what was requested and what was decided violated due process and the right to a defense. The municipality failed to clearly and precisely explain the true scope of the audit, causing defenselessness. The defect was present from the outset and contaminated all subsequent actions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1223105.json", "html_url": "/legal/doc/nexus-sen-1-0034-1223105", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1223105" }, { "id": "nexus-sen-1-0034-1223342", "citation": "Res. 01649-2024 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Civil liability for landslide in condominiums and talud coverage exclusion", "title_es": "Responsabilidad civil por deslizamiento en condominios y exclusión de cobertura por talud", "summary_en": "The Administrative Litigation Court analyzes claims by homeowners in the Lomas de Cabrera, Villa del Sol, and Vista del Este condominiums in Moravia, affected by a landslide on November 14, 2007. Plaintiffs sue the Municipality of Moravia, the National Insurance Institute (INS), Banco Popular, and Mutual Alajuela, among others, for damages resulting from the disaster that destroyed or rendered their homes uninhabitable. The Court examines the strict liability of the Costa Rican State and the applicability of civil and commercial liability regimes to the defendants. It concludes that the Municipality is not liable for hidden construction defects, which are attributable to developers and responsible professionals, and that the building permit was lawfully issued. Regarding INS, it declares the absolute nullity of the contractual clause excluding landslide coverage when the home is located closer than twice the height of the slope, deeming it abusive and limiting liability, and orders the insurer to compensate the plaintiffs under the policies. Other claims against financial entities are dismissed for lack of causal link and insufficient evidence of claimed moral damages.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1223342.json", "html_url": "/legal/doc/nexus-sen-1-0034-1223342", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1223342" }, { "id": "nexus-sen-1-0034-1223347", "citation": "Res. 01653-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Legality of creating multiple regional sub-directorates in the Public Force via circular", "title_es": "Legalidad de crear múltiples subdirecciones regionales en la Fuerza Pública mediante circular", "summary_en": "The Administrative Litigation Court dismissed the claim brought by the National Association of Public Employees (ANEP) against Circular N° 153-2017-DGFP-A and the creation of second regional sub-directorates in several Regional Directorates of the Public Force. ANEP argued that Article 61 of the General Police Law permits only one sub-director per police body, that the creation lacked motivation and grounds, and that appointments should have been made by competitive examination. The Court, after analyzing the regulatory framework —including the Organic Law of the Ministry of Public Security (Art. 6), the General Police Law (Arts. 61, 64) and the Political Constitution (Art. 12)—, concluded that the law establishes a minimum, not a maximum, number of directors and sub-directors, and that the ministerial decision was supported by technical studies and a legal opinion justifying the need to strengthen upper commands to meet the growing demand for citizen security. The Court ruled out the alleged nullity defects, considered the appointments to be interim promotions of free designation, and exempted ANEP from paying costs because it litigated in the collective interest.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1223347.json", "html_url": "/legal/doc/nexus-sen-1-0034-1223347", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1223347" }, { "id": "nexus-sen-1-0034-1223427", "citation": "Res. 01743-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipal liability for failure to oversee storm drainage and flooding in a condominium", "title_es": "Responsabilidad municipal por omisión de fiscalizar desfogues pluviales e inundaciones en condominio", "summary_en": "The Administrative Litigation Court partially grants the claim against the Municipality of Garabito for abnormal omission in overseeing the Vistas de Leona project. It finds that the local government failed in its duty to inspect and control construction and storm drainage permits it issued, and did not implement mitigation measures ordered by the Ministry of Health and the Constitutional Chamber to prevent flooding in the Las Lapas Condominium. Indemnification claims are rejected due to lack of proof of current compensable damage, but the Municipality is ordered to immediately exercise its police powers to require the developer to carry out necessary hydraulic works and prevent future harm, retaining jurisdiction for eventual liquidation of future damages.", "primary_topic_id": null, "topic_ids": [], "date": "20/03/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1223427.json", "html_url": "/legal/doc/nexus-sen-1-0034-1223427", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1223427" }, { "id": "nexus-sen-1-0034-1223701", "citation": "Res. 02134-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of standing in environmental appeal against landfill closure", "title_es": "Falta de legitimación en recurso ambiental contra clausura de botadero de tierra", "summary_en": "The Administrative Court hears an appeal against the inadmissibility ruling issued by the Mayor's Office of the Municipality of Naranjo, which rejected the ordinary appeal filed by Constructora Gonzalo Delgado S.A. The appellant challenged an official communication from the Municipal Environmental Technical Unit that ordered the immediate closure of a landfill and the processing of an environmental viability permit, after a complaint about water pollution and earthworks. The company claimed it complied with environmental regulations and sought damages due to the closure, but it was not the registered owner of the property. The Court finds that the appellant lacks standing to challenge the administrative act, as it fails to prove a subjective right or legitimate interest affected by the closure order. The decision is based on the fact that the administrative act was directed at the registered owner and the company does not demonstrate a legal connection that would allow it to appeal. Consequently, the appeal against inadmissibility is declared without merit (inadmissible), upholding the rejection of the ordinary appeal for lack of standing. Additionally, the Court notes that the claim for damages must be pursued in the ordinary judicial venue, not in this administrative forum.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "02/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1223701.json", "html_url": "/legal/doc/nexus-sen-1-0034-1223701", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1223701" }, { "id": "nexus-sen-1-0034-1223724", "citation": "Res. 02160-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Water availability denied due to lack of AyA infrastructure", "title_es": "Disponibilidad de agua potable sin infraestructura del AYA", "summary_en": "The Administrative Appeals Court ruled on a lawsuit filed by Carlos Alberto Rodríguez Morales against the Costa Rican Institute of Aqueducts and Sewers (AyA). The plaintiff sought to annul AyA’s denial of a water and sewer availability certificate for his property in Santa Ana, arguing lack of motivation and violation of his fundamental right to water. The majority of the Court dismissed the claim, finding that the final administrative decision (resolution GG-2020-569) sufficiently explained the factual and legal grounds: the absence of AyA infrastructure in the area and lack of technical and legal feasibility. The majority held that any motivational deficiency in the initial act could be remedied on appeal by the hierarchical superior, and that AyA cannot be compelled to provide service where no networks exist. Costs were awarded against the plaintiff. One judge dissented, concluding that the final act’s motivation was grossly inadequate and that such a defect cannot be cured on appeal or through trial testimony, rendering the act absolutely void.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "03/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1223724.json", "html_url": "/legal/doc/nexus-sen-1-0034-1223724", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1223724" }, { "id": "nexus-sen-1-0034-1223788", "citation": "Res. 02255-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reaffirmation of inalienability and imprescriptibility of State Natural Heritage", "title_es": "Reiteración de inalienabilidad e imprescriptibilidad del Patrimonio Natural del Estado", "summary_en": "The Administrative Litigation Court partially annuls a 2004 IDA (now INDER) board resolution that authorized the transfer of a plot from the Puriscal-Parrita Titling Project to an individual, finding it harmful to public interest. The court holds that the plot—described as mountainous land in the notarial deed and certified by SINAC—was State Natural Heritage under Articles 13, 14, and 15 of Forestry Law 7575, and therefore inalienable and imprescriptible. The defendants' objections of statute of limitations and prescription are dismissed because lesividad actions concerning public-domain assets are not subject to any deadline (Art. 34.2 CPCA). The court stresses that private possession over Natural Heritage lands does not confer any rights, and that the SINAC certification and the notarial deed are public documents that prove the forested nature of the land. The judgment orders cancellation of the registration of the segregated farm and its reincorporation into the parent property owned by INDER, or its registration in INDER's name. No costs are awarded, as the court finds there was sufficient reason to litigate.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "08/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1223788.json", "html_url": "/legal/doc/nexus-sen-1-0034-1223788", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1223788" }, { "id": "nexus-sen-1-0034-1227027", "citation": "Res. 00661-2024 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reclassification of illegal fishing to piracy under precautionary principle", "title_es": "Recalificación de pesca ilegal a piratería bajo principio precautorio", "summary_en": "The Criminal Appeals Court of the Second Judicial Circuit of San José resolved an appeal against a conviction for illegal fishing in the Barra del Colorado National Wildlife Refuge. The defense argued there was no proof of fish capture and that witness testimony was contradictory. The court upheld the conviction, holding that environmental crimes are abstract danger offenses; merely using prohibited fishing gear suffices to endanger species continuity under the precautionary principle. The court also corrected the legal classification ex officio: it found the Wildlife Conservation Law inapplicable because the species involved are of fishing interest, and that Article 153 of the Fisheries and Aquaculture Law only punishes authorized fishing in protected areas. Since the defendant lacked a license, the court reclassified the conduct as piracy under Article 265(1) of the Criminal Code. However, applying the non-reformation in peius principle, the original two-month prison sentence remained unchanged.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "wildlife-law-7317" ], "date": "22/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1227027.json", "html_url": "/legal/doc/nexus-sen-1-0034-1227027", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1227027" }, { "id": "nexus-sen-1-0034-1227063", "citation": "Res. 00706-2024 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of conviction for failure to analyze agricultural zone in forestry offense", "title_es": "Nulidad de sentencia por falta de análisis de zona agrícola en delito forestal", "summary_en": "The Criminal Sentencing Appeals Court of the Second Judicial Circuit of San José annulled the conviction and trial, ordering a new trial before a different judge. The defendants had been convicted for harvesting forest products on private property without state authorization after felling four laurel trees that did not match those in a prior permit. The appeals court identified multiple errors: the trial judge failed to analyze whether the felled trees were in a cultivated area (agroforestry system) exempt from permit requirements under the Forestry Law; the burden of proof was reversed, violating the presumption of innocence; a possible mistake of fact or law invoked by the defense was ignored; and the reasoning was contradictory regarding environmental harm and civil liability. The sentence was also silent on sentence commutation under Article 69 of the Penal Code. The decision underscores the duty to provide reasoned judgments in criminal matters.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "29/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1227063.json", "html_url": "/legal/doc/nexus-sen-1-0034-1227063", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1227063" }, { "id": "nexus-sen-1-0034-1227150", "citation": "Res. 00316-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdictional challenge over easement on coffee farm", "title_es": "Excepción de incompetencia en servidumbre sobre finca cafetalera", "summary_en": "The Agrarian Court of the Second Judicial Circuit of San José resolves a subject-matter jurisdiction challenge raised by the defendant in an ordinary proceeding seeking the forced establishment of an agricultural easement. The defendant argued that the complaint failed to specify the agricultural activities carried out on the properties, thus the matter should not fall under agrarian jurisdiction. The court analyzes the criteria defining agrarian competence under Articles 1, 2(h), and 4 of the Agrarian Jurisdiction Law, emphasizing the functional criterion of productive agricultural activity, supplemented by the nature or aptitude of the land and the subjects involved. Here, the property on which the easement is sought is a coffee farm of 7,000 square meters, as evidenced by the land registry certification and cadastral map. The court concludes that the land has agrarian aptitude, so agrarian jurisdiction is competent to hear the case and rejects the challenge.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "01/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1227150.json", "html_url": "/legal/doc/nexus-sen-1-0034-1227150", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1227150" }, { "id": "nexus-sen-1-0034-1227165", "citation": "Res. 00331-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over disputes involving potentially public-domain land", "title_es": "Competencia agraria para conflictos sobre inmuebles con posible carácter demanial", "summary_en": "The Agrarian Tribunal denies a motion to dismiss for lack of subject-matter jurisdiction filed by the State, in a case involving the alleged overlap of two plots with private title, one obtained under a law later declared unconstitutional. The State counterclaimed that the land has 97% forest cover and thus forms part of the State's Natural Heritage — making it public domain subject to administrative law. The Tribunal holds that agrarian jurisdiction is defined by the land’s agricultural or agro-environmental activity and the nature of the right in dispute, not merely by the State’s involvement. Even if the land is ultimately deemed public domain, agrarian courts can resolve the matter, including protecting public property. The 2008 Administrative Litigation Code did not strip other courts of the power to safeguard public-domain goods. No administrative act is challenged solely within the exclusive purview of the administrative court.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "05/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1227165.json", "html_url": "/legal/doc/nexus-sen-1-0034-1227165", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1227165" }, { "id": "nexus-sen-1-0034-1227168", "citation": "Res. 00334-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Entry onto Land Between Possessors Defined in Possessory, Not Interdictal, Proceeding", "title_es": "Ingreso a terreno entre poseedores se define en proceso posesorio no interdictal", "summary_en": "The Agrarian Court annuls the first-instance ruling that dismissed an interdictal action for protection of possession, due to lack of proper reasoning by omitting proven facts. The appellate court points out that the trial judge failed to structure the judgment in accordance with Article 61 of the Civil Procedure Code, by not dedicating any section to proven facts and by making a confusing evidentiary assessment. In its analysis, the court emphasizes that, under settled case law, when two individuals claim possession over the same property and one enters it, the dispute is not resolved through an interdictal action, but through an ordinary possessory proceeding. The appeal included a concomitant nullity plea, which is granted; thus, the challenged ruling is annulled without addressing the merits. The decision highlights the importance of distinguishing the requirements for an interdict (disturbance of current and exclusive possession) from those of a possessory action (declaration of better right to possession), and remands the case for a new, properly reasoned judgment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1227168.json", "html_url": "/legal/doc/nexus-sen-1-0034-1227168", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1227168" }, { "id": "nexus-sen-1-0034-1227174", "citation": "Res. 00340-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Timber utilization in summary tree-felling proceeding", "title_es": "Aprovechamiento de madera en sumario de derribo", "summary_en": "The Agrarian Court confirms the ruling that authorized the felling of a ceiba tree on private property due to imminent danger, but referred the plaintiff to seek timber utilization permits from MINAE. The plaintiff appealed, arguing the court should also decide on timber use. The court clarifies that the summary tree-felling proceeding aims solely to prevent imminent danger, not to decide on economic use of wood. If the tree is on private land, the owner may utilize it in accordance with the law without judicial authorization, unless legal restrictions apply. However, the owner must obtain required administrative permits under the Forestry Law, depending on whether the tree is planted, naturally regenerated, or part of a forest ecosystem. The decision does not deny timber utilization; it simply clarifies MINAE's administrative authority to grant necessary permits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1227174.json", "html_url": "/legal/doc/nexus-sen-1-0034-1227174", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1227174" }, { "id": "nexus-sen-1-0034-1227236", "citation": "Res. 00403-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Timber Use from Tree in Protection Zone Within Private Property", "title_es": "Aprovechamiento de madera de árbol en zona de protección dentro de propiedad privada", "summary_en": "The Agrarian Court resolved an appeal in a summary proceeding for the felling of a guanacaste tree located within a stream protection area on private land. The lower court authorized the felling due to imminent risk but denied the landowner the right to use the timber, requiring him to seek approval from the Ministry of Environment. The plaintiff appealed the denial. The Court partially overturned the decision, holding that the tree is an accessory to the property under Civil Code articles 505 and 506, and that the owner is entitled to dispose of the timber without further administrative steps, except the transportation permit if needed. The ruling relied on property rights and constitutional case law, emphasizing that no illegal act had occurred to justify confiscation. It clarified that environmental restrictions in protection zones do not nullify the core attributes of ownership, such as the right to use and enjoy the fruits of the land.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "water-law" ], "date": "29/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1227236.json", "html_url": "/legal/doc/nexus-sen-1-0034-1227236", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1227236" }, { "id": "nexus-sen-1-0034-1227991", "citation": "Res. 00159-2024 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reclassification from Manslaughter to Negligent Abortion: Effects on Criminal Limitation and Civil Damages", "title_es": "Recalificación de homicidio culposo a aborto culposo y sus efectos en prescripción penal y acción civil resarcitoria", "summary_en": "The Criminal Appeals Court of Cartago resolved appeals against a judgment that acquitted a defendant of manslaughter and ordered the CCSS to pay moral damages. The CCSS challenged the legal classification, arguing that fetal death without the onset of labor constitutes negligent abortion, already time-barred. The court accepted this reclassification, declaring the criminal action extinguished by prescription, and clarified that criminal prescription does not bar the civil action, which is subject to a ten-year limitation under Article 868 of the Civil Code. It reviewed the CCSS's objective liability, upholding the civil judgment due to a causal link between the omission of unidentified medical staff and the harm. The court rejected the civil plaintiff's appeals against the acquittal of the defendant, who had no duty to interpret fetal monitoring, and against the university for lack of causation. However, it partially annulled the judgment regarding the denial of material damages, ordering a retrial to determine compensation for loss of opportunity.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1227991.json", "html_url": "/legal/doc/nexus-sen-1-0034-1227991", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1227991" }, { "id": "nexus-sen-1-0034-1230032", "citation": "Res. 00188-2024 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Validity of SINAC officers entering a farm without a court order", "title_es": "Validez del ingreso a finca por funcionarios del SINAC sin orden judicial", "summary_en": "The Cartago Criminal Appeals Court upheld a conviction for illegal firearm possession. The defense argued that SINAC officers' entry onto the farm was illegal due to lack of prosecutorial direction. The court found that Article 16 of the Wildlife Conservation Law authorizes SINAC officers to enter any rural property for inspections when there are indications of wildlife violations, without needing a court order, unless it is a private dwelling. Since the land was proven to be a cattle farm and not a dwelling, the entry and subsequent firearm seizure were lawful.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "23/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1230032.json", "html_url": "/legal/doc/nexus-sen-1-0034-1230032", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1230032" }, { "id": "nexus-sen-1-0034-1232217", "citation": "Res. 02440-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "ICE recovers demanial land in Arenal Reservoir buffer zone", "title_es": "Restitución de bienes demaniales del ICE en zona de amortiguamiento del Embalse Arenal", "summary_en": "The Administrative Litigation Court resolved the claim by the Costa Rican Electricity Institute (ICE) to recover three properties expropriated in 1978 for the Arenal Reservoir, which were subsequently illegally donated by the former owner, consolidated, mortgaged, and sold to third parties. The Court determined that the properties are public domain (demanial) assets due to their public utility purpose as a buffer zone and water reservoir. Given their demanial nature, they are imprescriptible and inalienable; therefore, the exceptions of expiration and statute of limitations were rejected. The Court annulled the illegitimate deeds and registrations and ordered the return of the properties to ICE. Regarding third-party purchasers after the mortgage auction, the Court considered them to be in good faith but still ordered restitution, holding ICE liable for damages caused to these third parties due to its negligence in failing to register the expropriation. The claims against the State, National Registry, and National Bank were dismissed, and the counterclaims were denied.", "primary_topic_id": null, "topic_ids": [], "date": "12/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1232217.json", "html_url": "/legal/doc/nexus-sen-1-0034-1232217", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1232217" }, { "id": "nexus-sen-1-0034-1232286", "citation": "Res. 03088-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of Private Property Registrations Overlapping State Natural Heritage in Quepos", "title_es": "Nulidad de asientos registrales de inmuebles privados por traslape con el Patrimonio Natural del Estado en Quepos", "summary_en": "The Court hears two consolidated cases: a lesividad action brought by the State, and another initiated by Catalina Castro Chaves and Condominio Vistas Damas de Quepos S.A. against the State and other entities. In the lesividad process, the State seeks the annulment and cancellation of several properties registered to private parties and their cadastral plans, arguing that they overlap state-owned property 6-164408-000, which is part of the State's Natural Heritage and thus an inalienable and imprescriptible public domain asset. The contested properties originated from a 1983 possessory information proceeding that registered the parent property 6-49255, from which the others were segregated. The Court finds that, despite technical difficulties in the original delimitation of state lands, subsequent cadastral and registry studies demonstrated the overlap. It rules that registry principles do not prevail over the public domain character of the affected asset, thus upholding the lesividad action and ordering the cancellation of the registry entries. It dismisses the private parties' claims due to expiration and on the merits, denying compensation because the assets are public domain.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "10/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1232286.json", "html_url": "/legal/doc/nexus-sen-1-0034-1232286", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1232286" }, { "id": "nexus-sen-1-0034-1232329", "citation": "Res. 03470-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory Claims in Osa Settlement Within Golfo Dulce Forest Reserve Dismissed", "title_es": "Improcedencia de reclamos posesorios en Asentamiento Osa dentro de la Reserva Forestal Golfo Dulce", "summary_en": "The Administrative Contentious Tribunal fully dismissed the claim of Lisbeth Alemán Fajardo against INDER, seeking compensation for the Institute's alleged omission in resolving land tenure conflicts in the Osa Campesino Settlement. The plaintiff claimed possession of land in Bahía Drake, acquired by donation in 2011. The Tribunal found the property is entirely within the Golfo Dulce Forest Reserve, established in 1978, and therefore forms part of the State's Natural Heritage. Under Articles 13, 14, and 15 of the Forestry Law, such assets are inalienable, unseizable, and imprescriptible, and possession by private parties confers no rights. The plaintiff failed to prove decennial possession prior to the reserve's creation, a prerequisite for any recognition. Moreover, the original possessor, Arturo Aguilar Vindas, had already been compensated by the State in the 1980s for the same lands. The claim was dismissed, with defenses of lack of standing and lack of right upheld, and costs imposed on the plaintiff.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "30/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1232329.json", "html_url": "/legal/doc/nexus-sen-1-0034-1232329", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1232329" }, { "id": "nexus-sen-1-0034-1232454", "citation": "Res. 00462-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory interdict over private road", "title_es": "Interdicto de amparo de posesión sobre camino privado", "summary_en": "The Agrarian Tribunal upheld the judgment rejecting a possessory interdict filed by three plaintiffs who claimed that their access road was being obstructed. The plaintiffs argued that the road was public under the Public Roads Law and that they had used it for over twelve years. The court found no evidence that the road was public domain; if it were, jurisdiction would lie with the contentious-administrative court, not the agrarian court. The public-road argument was only raised in closing arguments. Furthermore, the plaintiffs failed to prove that their properties were landlocked or that a legally constituted easement existed in their favor. The defense of lack of right was properly sustained, and the lower court's dismissal of the claim — with an award of attorney fees against the plaintiffs — was affirmed.", "primary_topic_id": null, "topic_ids": [], "date": "13/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1232454.json", "html_url": "/legal/doc/nexus-sen-1-0034-1232454", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1232454" }, { "id": "nexus-sen-1-0034-1232483", "citation": "Res. 00494-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agricultural right-of-way as possessory fact subject to protection", "title_es": "Servidumbre de paso agraria constituye hecho posesorio tutelable", "summary_en": "The Agrarian Tribunal reversed the lower court ruling and granted the possessory protection action brought by Hacienda La Cabaña S.A. against Hechizo de Luna S.A. The plaintiff, a dairy operation, had used a path crossing the defendant’s farm for over fifteen years to move cattle between pastures and the milking parlor. The defendant blocked the path with posts and barbed wire, halting production. The tribunal found that, although the plaintiff’s farms fronted a public road, that access was inadequate and dangerous for dairy activity, making the blockade a disturbance of actual and momentary agricultural possession. The tribunal distinguished this case from one of mere tolerance, emphasizing that visible signs, continuity of production, and the parties’ agreement to maintain the path sufficed for standing to seek summary protection, without the need to prove a formally constituted easement.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1232483.json", "html_url": "/legal/doc/nexus-sen-1-0034-1232483", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1232483" }, { "id": "nexus-sen-1-0034-1232516", "citation": "Res. 00522-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Timber use from felled tree in protected area", "title_es": "Aprovechamiento de madera por derribo en área de protección", "summary_en": "The Agrarian Court heard a summary proceeding for the felling of a cedar tree on private property, located within a river protection area. The plaintiff sought authorization to fell the dangerous tree and to use the resulting timber. The trial court authorized the felling but denied timber use, requiring administrative proceedings before MINAE. The plaintiff appealed. The Court partially reversed, holding that the timber belongs to the property owner, who may dispose of it economically without need for administrative approval, as it is an accessory to the land (Articles 505 and 506 of the Civil Code). It rejected donating the timber to the Board of Education, as it did not stem from an illicit act. Transport permits must be obtained from MINAE if the timber is moved off the property, but no administrative authorization is required for the economic use itself.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "29/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1232516.json", "html_url": "/legal/doc/nexus-sen-1-0034-1232516", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1232516" }, { "id": "nexus-sen-1-0034-1232517", "citation": "Res. 00523-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary easement of passage on forest land without environmental harm", "title_es": "Medida cautelar de paso en fundo boscoso sin impacto ambiental", "summary_en": "The Agrarian Court hears an appeal against an atypical precautionary measure that ordered the defendant to allow the plaintiff pedestrian access to their property via an existing path for maintenance and surveillance. The defendant argued that the order violated the precautionary principle and endangered water resources and biodiversity, citing extensive environmental case law. However, the court upheld the lower court's decision after confirming that no new road would be opened, but rather an existing access would be used, with no significant environmental impact. The court balanced environmental interests by imposing a counter-security requiring the plaintiff to respect the current state of the land and the watercourse protection zones. The fumus boni iuris and danger in delay justified the measure, and a prior scientific expert opinion was deemed unnecessary since the facts observed on-site showed no environmental risk.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "29/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1232517.json", "html_url": "/legal/doc/nexus-sen-1-0034-1232517", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1232517" }, { "id": "nexus-sen-1-0034-1232526", "citation": "Res. 00532-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Timber use after authorized tree felling on private property", "title_es": "Aprovechamiento de madera tras derribo autorizado en propiedad privada", "summary_en": "The Agrarian Court hears an appeal against a ruling that authorized the felling of two trees (guanacaste and rain tree) due to their dangerous state but referred the request to use the resulting timber to MINAE. The Court partially overturns the decision and authorizes the plaintiff to use the timber, finding that the trees are located on his property and therefore belong to him under Article 505 of the Civil Code. It states that in a summary felling proceeding, the judge must also rule on the resulting timber so as not to deprive the owner of this resource, especially since he must bear the costs of felling. It clarifies, however, that if the timber is to be moved off the property, the required permits and transport guides must still be obtained from MINAE. The decision rests on criteria of necessity and private property rights, without discussing ownership in this type of summary proceeding.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "30/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1232526.json", "html_url": "/legal/doc/nexus-sen-1-0034-1232526", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1232526" }, { "id": "nexus-sen-1-0034-1232584", "citation": "Res. 03114-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No compensation for expropriation due to legal stormwater easement", "title_es": "Improcedencia de indemnización expropiatoria por servidumbre legal de aguas pluviales", "summary_en": "The Administrative Appeals Tribunal dismissed a property owner's claim for expropriation compensation from the Municipality of Orotina regarding a stormwater easement on her land. The Tribunal found that the easement was not constructed by the municipality but constitutes a legal easement under Article 20 of the General Public Roads Law, since the waters from a public road flow according to the land's natural slope. It held that there was no municipal omission in the expropriation procedure because such charge does not empty the essential content of the property right and thus is not compensable. However, the Tribunal partially granted the claim ordering the Municipality to implement actions to identify and resolve the stormwater system capacity problems of the El Vivero Settlement affecting the property, in coordination with other entities, within a maximum of three months. No award of costs due to mutual defeat.", "primary_topic_id": null, "topic_ids": [], "date": "13/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1232584.json", "html_url": "/legal/doc/nexus-sen-1-0034-1232584", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1232584" }, { "id": "nexus-sen-1-0034-1232830", "citation": "Res. 02567-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cost assessment after dismissal of Los Mangos landfill claim", "title_es": "Liquidación de costas tras rechazo de demanda sobre relleno sanitario Los Mangos", "summary_en": "This decision assesses the personal costs that plaintiff WPP Continental de Costa Rica S.A. must pay to the State after its claim was dismissed in the main proceedings. The company sought annulment of Ministry of Health administrative acts that prevented it from continuing to receive solid waste at the Los Mangos Landfill, compensation for damages, or subsidiarily expropriation of the landfill. The First Section of the Court dismissed the claim in its entirety and ordered the plaintiff to pay costs. The appeal was rejected as untimely. At this enforcement stage, the State requested ¢4,000,000 in attorney’s fees, but the executing judge, applying discretionary criteria from the Civil Procedure Code and the Bar Association Organic Law, set the amount at ¢1,500,000. The sum reflects the procedural activity: answering the complaint, attending the preliminary hearing, and the oral trial where no evidence was presented and only closing arguments were given. Payment must be made within one month.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1232830.json", "html_url": "/legal/doc/nexus-sen-1-0034-1232830", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1232830" }, { "id": "nexus-sen-1-0034-1232903", "citation": "Res. 02681-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Request to Suspend Demolition Order for Excess Density in Protected Zone", "title_es": "Solicitud de suspensión de demolición por densidad de vivienda en zona de protección", "summary_en": "The Administrative Appeals Court denies an intra-procedural injunction requested by property owners against the Municipality of San Rafael de Heredia. They sought to suspend the effects of Resolutions IU-119-2022 and IU-010-2024, which ordered them within 30 days to make modifications or demolitions to adjust the construction to the permitted density of a single dwelling (pursuant to construction permit No. 5-1563) and to the approved plans. The court found no appearance of good right, since the municipality had approved only one independent housing unit and the challenged orders merely demanded compliance with that condition. Furthermore, serious harm was not proven, as the petitioners neither detailed nor proved the specific modifications required or their financial impact. In balancing interests, public interest in land-use planning and environmental protection prevailed, as the property lies in an area of high aquifer pollution vulnerability per SETENA. The injunction is therefore denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1232903.json", "html_url": "/legal/doc/nexus-sen-1-0034-1232903", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1232903" }, { "id": "nexus-sen-1-0034-1233047", "citation": "Res. 02966-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of land use permit for spring protection", "title_es": "Rechazo de uso de suelo por protección de naciente", "summary_en": "The Administrative Court upholds the denial of two land-use permits for housing by the Municipality of San Carlos, because the properties fall within the protection radius of a spring used for human consumption, pursuant to Articles 31 of the Water Law and 33-34 of the Forestry Law. The Court rejects the appellant's arguments of discrimination based on permits granted to neighbors and change of land use, clarifying that environmental legal restrictions are of public order and do not require registration. It also dismisses the claim for damages, including moral damages, as inadmissible in the administrative appeal, since that matter must be pursued in a full judicial proceeding. The decision exhausts administrative remedies regarding the requested lifting of restrictions.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "07/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1233047.json", "html_url": "/legal/doc/nexus-sen-1-0034-1233047", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1233047" }, { "id": "nexus-sen-1-0034-1233051", "citation": "Res. 02973-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Enforcement of damages award against ICE in the Hidroflorencia case", "title_es": "Ejecución de indemnización por daños y perjuicios contra el ICE en el caso Hidroflorencia", "summary_en": "This ruling resolves the enforcement phase of the contentious-administrative proceeding brought by Hidroflorencia S.A. against the Costa Rican Electricity Institute (ICE). The court quantifies and approves the indexation of the compensatory sum set at ₡8,636,975,173.14, updated from December 31, 2013 to November 4, 2022, as well as statutory interest from the date the judgment became final (June 23, 2023) until payment (July 19, 2023). The central dispute concerns the base amount for calculation: the plaintiff sought to base calculations on the full award, while ICE argued that a prior deposit of ₡217,645,252.17 made in 2017 under an earlier, later annulled judgment should be deducted. The court partially upholds ICE’s position, ruling that this deposit—though the judgment was annulled—must be credited against the principal, making the correct base ₡8,419,329,920.97. It accordingly approves indexation of ₡2,134,437,335.87 and interest of ₡44,154,708.03. The court also orders that the plaintiff be compensated for the unavailability of the deposit by paying the interest accrued on the judicial account, per Supreme Court circular.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1233051.json", "html_url": "/legal/doc/nexus-sen-1-0034-1233051", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1233051" }, { "id": "nexus-sen-1-0034-1233055", "citation": "Res. 02981-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of precautionary measure against SINAC eviction in Chirripó National Park", "title_es": "Denegatoria de medida cautelar contra desalojo SINAC en Parque Nacional Chirripó", "summary_en": "The Contentious-Administrative Tribunal denied the precautionary measure requested by Rigoberto Arias Fonseca, who sought to suspend an eviction order issued by SINAC for ecotourism and agricultural activities within Chirripó National Park. The claimant argued that the order endangered crops, livestock, and the livelihoods of several families. The tribunal held that while the main claim had the appearance of good law, the applicant failed to prove a serious, actual or potential harm, as the evidence submitted was directed at the merits and did not substantiate the alleged injury. In balancing the interests, the public interest in protecting the State's Natural Heritage prevailed, in observance of the in dubio pro natura principle, given the unauthorized activities within the protected area.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1233055.json", "html_url": "/legal/doc/nexus-sen-1-0034-1233055", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1233055" }, { "id": "nexus-sen-1-0034-1233098", "citation": "Res. 03077-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of interim measure against battery recycling plant", "title_es": "Denegatoria de medida cautelar contra planta recicladora de baterías", "summary_en": "The Administrative Court denied an interim measure sought by a community development association to halt the operation of a battery recycling plant in Pocosí pending the outcome of an action to annul administrative permits. The court found that the petition did present a prima facie case, but failed to demonstrate danger in delay. The petitioner provided no evidence — not even indicia — of imminent serious harm to health or environment. Absent proof of grave actual or potential injury during litigation, the interim measure could not be granted. The ruling underscores that environmental claims, even when invoking the public interest and the pro natura principle, must be supported by at least minimal evidence of the risk of severe harm suffered during judicial proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1233098.json", "html_url": "/legal/doc/nexus-sen-1-0034-1233098", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1233098" }, { "id": "nexus-sen-1-0034-1233133", "citation": "Res. 03149-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of passive standing of ESPH in claim over legal restrictions on property with water intakes", "title_es": "Falta de legitimación pasiva de ESPH en reclamo por limitaciones legales a inmueble con tomas de agua", "summary_en": "The Administrative Litigation Court dismissed the claim filed by Inmobiliaria Tres AN del Sur S.A. against the Public Services Company of Heredia (ESPH) on the grounds of lack of passive standing. The plaintiff, owner of a property affected by two water supply intakes—Mata de Maíz and Mata de Café—sought either payment for the full value of the property or the initiation of expropriation proceedings, arguing that the restrictions imposed emptied the essential content of its property right and amounted to a de facto expropriation. ESPH had denied water service to the property based on board resolutions (JD-076-2008 and JD-185-2015) restricting service provision in protection zones for water sources and intakes under the Water Law (Law No. 276) and Forestry Law (Law No. 7575). The Court found that the limitations on the property stemmed directly from statutory provisions, not from ESPH's resolutions. Therefore, the challenged conduct was not attributable to the defendant but to the State, which must answer for restrictions imposed by the Legislature. The Court refrained from ruling on the exception of lack of right raised by the defendant and ordered the plaintiff to pay both procedural and personal costs.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "15/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1233133.json", "html_url": "/legal/doc/nexus-sen-1-0034-1233133", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1233133" }, { "id": "nexus-sen-1-0034-1233187", "citation": "Res. 03245-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Water Availability Due to Lack of Technical Feasibility and Omission in Construction of Storage Tank", "title_es": "Denegatoria de disponibilidad de agua por falta de factibilidad técnica y omisión en construcción de tanque de almacenamiento", "summary_en": "The ruling resolves a contentious-administrative claim against the Playa Potrero-Surfside ASADA and the National Water and Sewer Institute (AyA) for refusing to connect water and failing to build a storage tank. The plaintiff alleged omissions. The Court dismisses both claims. On the first, it finds no omission because the plaintiff requested water availability—not connection—and it was denied through unchallenged administrative acts. Connection requires prior positive availability and construction permits, both absent. On the second, it declares the ASADA lacks passive standing to build the tank, as the law assigns that obligation to AyA or developers, not to ASADAs. No special costs awarded.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "_off-topic" ], "date": "21/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1233187.json", "html_url": "/legal/doc/nexus-sen-1-0034-1233187", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1233187" }, { "id": "nexus-sen-1-0034-1233201", "citation": "Res. 03259-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of current interest in appeal against municipal cleanup order", "title_es": "Falta de interés actual en apelación contra orden de limpieza municipal", "summary_en": "The Administrative Appeals Court hears an appeal filed by Yuk Shai Lai against municipal resolution AM-01-2022, which confirmed a cleanup order for a property overgrown with weeds and litter. The appellant argued she could not comply because she was not the registered owner and the property was subject to criminal proceedings. However, the Court confirmed that since April 27, 2023, the property has been registered in the appellant's name. The original claim —to await the property being placed in her name— has thus lost its purpose. The appeal is dismissed due to a supervening lack of current interest, without ruling on the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1233201.json", "html_url": "/legal/doc/nexus-sen-1-0034-1233201", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1233201" }, { "id": "nexus-sen-1-0034-1233230", "citation": "Res. 03309-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Revocation of a precarious permit in the Maritime Terrestrial Zone does not require the procedure of article 173 LGAP, but rather article 154", "title_es": "Revocación de permiso precario en Zona Marítimo Terrestre no requiere procedimiento del artículo 173 LGAP, sino del artículo 154", "summary_en": "The Administrative Court, acting as a non-hierarchical controller of legality, hears a veto filed by the Mayor of Santa Cruz against a Municipal Council agreement ordering the municipality to refrain from seizing furniture until completing the procedure under article 173 LGAP. The Court upholds the veto, annulling the Council's agreements for lacking technical motivation. It rules that precarious use permits over public domain property, such as the Maritime Terrestrial Zone, are governed by article 154 LGAP (revocation for reasons of opportunity or convenience, with reasonable notice, without formal procedure), not by articles 155, 173, or 183 LGAP, which protect subjective rights. It orders the local government to restore public enjoyment, remove infrastructure within 10 to 15 days, carry out eviction if the company refuses, and initiate environmental impact studies and a remediation plan if warranted. It rejects requests to notify other bodies, reminding officials of the duty to report crimes under article 281 Criminal Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1233230.json", "html_url": "/legal/doc/nexus-sen-1-0034-1233230", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1233230" }, { "id": "nexus-sen-1-0034-1234150", "citation": "Res. 00164-2024 Tribunal de Apelación Civil y Trabajo Guanacaste Sede Liberia Materia Civil", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Confirmation of interdictal injunction for ecological easement and costs order", "title_es": "Confirmación de interdicto por servidumbre ecológica y condena en costas", "summary_en": "The Civil and Labor Appeals Court of Guanacaste upholds the first-instance ruling that granted the interdictal injunction filed by ROMANOR R.M. SOCIEDAD ANÓNIMA against TUANIS GUANACASTE LIMITADA. The claim alleged disturbance of possession due to constructions built by the defendant within a three-meter-wide ecological easement encumbering its property. The appellate court emphasizes the nature of the ecological easement as a continuous, non-apparent real right, whose protection does not require actual possessory acts but only registry inscription. It rejects the grievances regarding improper evidentiary assessment and the alleged need to prove momentary and current possession, noting that the defendant did not deny having carried out the works nor proved they did not affect scenic beauty. The judgment is modified solely to clarify that the awarded sum of ₡1,400,000 corresponds to procedural costs, not attorney fees.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "31/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1234150.json", "html_url": "/legal/doc/nexus-sen-1-0034-1234150", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1234150" }, { "id": "nexus-sen-1-0034-1235995", "citation": "Res. 00243-2024 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquittal due to defective charge for illegal forest exploitation", "title_es": "Absolución por defecto en la imputación del delito de aprovechamiento forestal", "summary_en": "The Criminal Appeals Court of Cartago upheld the acquittal of the defendant for violations of the Forestry Law, holding that the accusation did not adequately describe the conduct of 'exploitation' of forest products. The majority found that the charge merely stated a legal concept without the necessary factual details, violating the principle of proper imputation and the right to defense, thereby constituting a defect of predetermination of the judgment. The civil action was also dismissed as accessory to the criminal case. A dissenting judge argued that the accusation sufficiently described the facts, and thus the judgment should have been annulled and a retrial ordered.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "25/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1235995.json", "html_url": "/legal/doc/nexus-sen-1-0034-1235995", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1235995" }, { "id": "nexus-sen-1-0034-1237350", "citation": "Res. 00266-2024 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of precautionary measure against La Arboleda development in Lomas de Salitral", "title_es": "Rechazo de medida cautelar contra desarrollo La Arboleda en Lomas de Salitral", "summary_en": "The Contentious Administrative and Civil Treasury Appeals Court upheld the denial of the precautionary measure requested by the association Salvemos las Lomas Salitral. The association sought to suspend the La Arboleda urban development, located in the Lomas de Salitral buffer zone, arguing potential environmental harm. The court dismissed the nullity motion filed by the plaintiff and affirmed the lower court's ruling. Consequently, the project was not suspended, allowing it to proceed under existing conditions. The decision was based on procedural criteria governing precautionary measures in contentious administrative proceedings, without addressing the substantive environmental claims.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1237350.json", "html_url": "/legal/doc/nexus-sen-1-0034-1237350", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1237350" }, { "id": "nexus-sen-1-0034-1237997", "citation": "Res. 01024-2024 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Burden of proof for mistake of law in protected area invasion", "title_es": "Carga de la prueba del error de prohibición en invasión de área protegida", "summary_en": "The Criminal Appeals Court upholds a conviction for invasion of a protected area in the Barra del Colorado National Wildlife Refuge. The defense argued that the accused acted under a mistake of fact, believing the land belonged to his father and not knowing it was within the refuge. The court rejects the appeal, holding that the burden of proving a mistake of law rests on the defense, and the accused failed to substantiate his claim. The testimony of the accused and his brother was contradictory; the SINAC official used GPS to verify the location within the refuge; and the accused, being familiar with the area, could have known the boundaries. The three-month prison sentence with conditional execution is upheld, and restoration of the area to its natural state is ordered.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "18/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1237997.json", "html_url": "/legal/doc/nexus-sen-1-0034-1237997", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1237997" }, { "id": "nexus-sen-1-0034-1238043", "citation": "Res. 01093-2024 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental Restoration of Wetlands Despite Acquittal", "title_es": "Restitución ambiental de humedales pese a absolución penal", "summary_en": "The Criminal Appeals Tribunal of the Second Judicial Circuit of San José partially annulled an acquittal that had refused to order the restoration of a wetland to its original state after draining and drying activities by two defendants in Pococí. Although the accused were acquitted on criminal grounds due to doubt about their knowledge of the wetland’s existence, the Attorney General’s Office and the Public Prosecutor’s Office appealed solely on the issue of non‑restoration. The appeals tribunal found that the trial judge based the denial on legally incorrect and insufficient arguments: it required evidence of the property’s condition before the defendant acquired it, when only the state prior to the dredging intervention mattered; it incorrectly delegated restoration to administrative proceedings, overlooking that a civil indemnification action in criminal court is equivalent to a full trial; and it undervalued the constitutional protection of a healthy environment (Article 50) against the right to property. The case was remanded for a trial court to decide on restoration.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "27/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1238043.json", "html_url": "/legal/doc/nexus-sen-1-0034-1238043", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1238043" }, { "id": "nexus-sen-1-0034-1239553", "citation": "Res. 00455-2024 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict liability of legal representative not automatic", "title_es": "Responsabilidad solidaria de representante legal no es objetiva", "summary_en": "The appeals court overturns a trial court ruling that held a company's legal representative jointly and severally liable for breach of contract solely due to his representative capacity. It finds that the trial court erroneously relied on the Commerce Code to impose strict liability. The appeals court holds that joint civil liability is subjective in nature, requiring proof of a causal link between the defendant's specific conduct and the harm, as per Article 1048 of the Civil Code and Supreme Court precedent. Since the remand had ordered an examination of the co-defendant's personal actions, the case is sent back for a proper subjective analysis of civil liability, not based on mere corporate representation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1239553.json", "html_url": "/legal/doc/nexus-sen-1-0034-1239553", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1239553" }, { "id": "nexus-sen-1-0034-1240542", "citation": "Res. 00559-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precarious occupation does not generate right to improvements or legitimate possession", "title_es": "Posesión en precario no genera derecho a mejoras ni posesión legítima", "summary_en": "The Agrarian Tribunal upholds the lower court's ruling dismissing Ramiro García Ellington's claim against Corporación Bananera Nacional S.A. (CORBANA). The plaintiff sought a better right of possession over a 200 m² plot and payment for improvements, alleging good faith possession since 2014. The Tribunal finds the plaintiff lacks active and passive standing because he occupied the dwelling and land as part of an employment relationship with the lessee (Del Monte), under mere tolerance. The plaintiff failed to prove possession with intent to own (animus domini) or agrarian possessory acts; his maintenance work does not qualify as compensable improvements. The defendant is the registered owner, and a claim for better right of possession cannot be brought against a registered owner, as that action applies only between possessors. The Tribunal confirms the award of costs due to the plaintiff's lack of good faith.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "06/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1240542.json", "html_url": "/legal/doc/nexus-sen-1-0034-1240542", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1240542" }, { "id": "nexus-sen-1-0034-1240546", "citation": "Res. 00563-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Expiration of interdictal action for disturbance in forest protection area", "title_es": "Caducidad de acción interdictal por perturbación en área de protección forestal", "summary_en": "The Agrarian Tribunal heard a summary interdictal proceeding filed by Corporación de Desarrollo Agrícola del Monte S.A. against Luis Ángel Fuentes Chacón. The plaintiff claimed disturbances to its possession of a property designated for forest protection and regeneration near the General River, including tree felling, construction, and occupation by the defendant. The first-instance judgment upheld the claim, ordering cessation of disturbances and restoration of possession. However, the appellate court overturned this decision by sustaining the exception of expiration of the interdictal action. It established that the plaintiff became aware of the disturbances in early August 2021, but the lawsuit was filed on December 8, 2021, exceeding the three-month statute of limitations under Article 106.1 of the Civil Procedure Code. The court stressed that the expiration period runs from the beginning of the acts, not from identification of the perpetrator, rendering the action time-barred. No ruling on the merits or other defenses was made, and costs were not imposed as the plaintiff was deemed to have acted in good faith.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "10/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1240546.json", "html_url": "/legal/doc/nexus-sen-1-0034-1240546", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1240546" }, { "id": "nexus-sen-1-0034-1240553", "citation": "Res. 00569-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over summary tree-removal proceedings", "title_es": "Competencia agraria en sumario de derribo de árboles", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José reviews a recusal by an agrarian court of Guanacaste in a summary proceeding for the removal of five trees. The lower court had recused itself because the trees were on land with a dwelling and designated for construction. The Agrarian Tribunal overrules the recusal, holding that subject-matter jurisdiction over summary tree-removal proceedings belongs to the agrarian jurisdiction, based on Article 108 of the Biodiversity Law. It reasons that trees are natural resources forming part of the national biodiversity and that disputes between private parties over natural resources, without administrative acts or public domain involvement, fall exclusively under the agrarian jurisdiction. As to territorial jurisdiction, it orders the originating court to continue processing the case pursuant to Article 16 of the Agrarian Jurisdiction Law.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "10/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1240553.json", "html_url": "/legal/doc/nexus-sen-1-0034-1240553", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1240553" }, { "id": "nexus-sen-1-0034-1240568", "citation": "Res. 00583-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of agrarian interdict in water-use conflicts", "title_es": "Improcedencia del interdicto agrario en conflictos por aprovechamiento hídrico", "summary_en": "The Agrarian Tribunal upholds the lower court’s ruling that an interdictal action is inadmissible when the core dispute concerns water use. A construction company sued neighbors for allegedly entering its land to lay a 400-meter water pipe along a stream, seeking an order to cease the invasion, remove the illegal water intake, and pay damages. The Tribunal relies on Article 212 of the Water Law, which expressly bars interdictal proceedings in water matters. It reiterates settled case law that disputes over access to water resources must be pursued through administrative channels or ordinary judicial proceedings—not through summary interdictal remedies. The court finds that the alleged trespass was merely ancillary to the real issue: the extraction and use of water. Consequently, the complaint is declared legally non-viable and the case is ordered archived. No costs are imposed, as the court acknowledges that the initial procedural misstep by the lower court may have led the plaintiffs to believe the interdictal route was proper.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "13/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1240568.json", "html_url": "/legal/doc/nexus-sen-1-0034-1240568", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1240568" }, { "id": "nexus-sen-1-0034-1240581", "citation": "Res. 00595-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Land titling partly in Nicoya Peninsula Protective Zone without transfer deed", "title_es": "Titulación de terreno parcialmente en Zona Protectora Península de Nicoya sin documento de traspaso", "summary_en": "The Agrarian Court upholds the approval of a possessory information to register a 37.9 ha land in Cerro Frío, Puntarenas, which overlaps 0.066 % with the Nicoya Peninsula Protective Zone (created in 1994). The State’s appeal argued lack of just title, no ten-year possession prior to the public-domain declaration, and absence of ecological possession. The Court rejects all three claims: (1) although the petitioner did not present a deed of transfer from his father, he proved personal possession for over 10 years, and testimonial evidence established continuous family possession since the 1960s; (2) testimonies were consistent and covered the required period before 1994; (3) the overlapping area is private property, not public domain, so ecological possession is not required; cattle ranching complies with the certified land use. Registration is ordered with statutory restrictions.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "13/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1240581.json", "html_url": "/legal/doc/nexus-sen-1-0034-1240581", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1240581" }, { "id": "nexus-sen-1-0034-1240604", "citation": "Res. 00619-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over summary tree felling proceedings in maritime-terrestrial zone", "title_es": "Competencia agraria para sumario de derribo de árboles en zona marítimo terrestre", "summary_en": "The Agrarian Court reviews a recusal by the Agrarian Court of Puntarenas, Jicaral venue, in a summary tree felling proceeding filed by Evigreys Montiel Araya. The plaintiff seeks authorization to cut or prune three trees located in Playa Pájaros, Paquera, alleging danger and possession of the land. The lower court recused itself considering that the trees are in a forest within the maritime-terrestrial zone, land that is part of the Public Natural Heritage administered by MINAE-SINAC, requiring prior administrative authorization. The Agrarian Court overturns the recusal, holding that, pursuant to Article 108 of the Biodiversity Law, when no administrative act is involved and public domain is not in dispute—only a safety measure between private parties—jurisdiction lies with the agrarian courts. In addition, the incompetence claim was untimely and the proceeding is at an advanced stage, so it orders the lower court to continue with the case.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "biodiversity-law-7788", "forestry-law-7575", "procedural-environmental" ], "date": "25/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1240604.json", "html_url": "/legal/doc/nexus-sen-1-0034-1240604", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1240604" }, { "id": "nexus-sen-1-0034-1240612", "citation": "Res. 00627-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Approval of boundary rectification revoked for lack of ecological possession", "title_es": "Se revoca aprobación de rectificación de medida por falta de posesión ecológica", "summary_en": "The Agrarian Tribunal overturns the lower court's ruling that had approved a possessory information proceeding to rectify the boundaries of a property located 100% within the Río Navarro and Río Sombrero Protected Zone, a state-owned protected wild area forming part of the Natural Heritage of the State. The lower court approved the rectification despite finding it was not proven that the area was dedicated to ecological possession; instead, the land was used for cattle grazing. The Agrarian Tribunal upholds the State's appeal and holds that in protected wild areas, the possessor must prove a decade of ecological possession prior to the area's creation, consistent with the environmental function of conserving and protecting soil, water, and ecosystems, rather than conventional agricultural activities. Since no such ecological possession was demonstrated, the proceeding is rejected.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "25/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1240612.json", "html_url": "/legal/doc/nexus-sen-1-0034-1240612", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1240612" }, { "id": "nexus-sen-1-0034-1243471", "citation": "Res. 00673-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Negatory action improper due to right-of-way easement by destination of the father of the family", "title_es": "Acción negatoria improcedente por servidumbre de paso constituida por destino de padre de familia", "summary_en": "The Agrarian Court upholds the judgment dismissing the negatory action filed by a property owner seeking to deny the existence of a right-of-way easement. The plaintiff sought a declaration that her land was free of such encumbrance and that the defendants cease using the path, while the defendants claimed a right of way for over 50 years. Applying the free evaluation of evidence under the Agrarian Jurisdiction Law, the Court found that the easement was established by destination of the father of the family under Article 380 of the Civil Code, since the dominant and servient tenements originally belonged to co-owner brothers who set up the path in 1956, with apparent signs still existing and no contrary provision in subsequent transfers. The need for a written deed is dismissed, recognizing the tacit agreement among the original co-owners. Additional reasons by Judge Ulate Chacón delve into the normative reinterpretation of the Civil Code in light of the social and economic function of agrarian property, accepting adverse possession and tacit agreement as means of creating discontinuous rights-of-way when visible signs and continuous use are proven. Thus, as the easement was legally constituted, the negatory action could not succeed.", "primary_topic_id": null, "topic_ids": [], "date": "11/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1243471.json", "html_url": "/legal/doc/nexus-sen-1-0034-1243471", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1243471" }, { "id": "nexus-sen-1-0034-1243509", "citation": "Res. 00717-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Early dismissal of claim in unregistered farm proceeding", "title_es": "Improponibilidad de la demanda en proceso por finca sin inscribir", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José overturns a ruling that dismissed an ordinary agrarian claim as non-viable. The plaintiff asserted the existence of an unregistered 53,926 m² farm, over ten years of possession, violent dispossession by the defendant, and subsidiary usucapion. The lower court found lack of standing because plaintiff was not the registered owner, that the proper avenue was possessory information, and that the requirement of just title for usucapion was unmet. The Agrarian Tribunal finds that the non-viability was neither manifest nor evident, since standing derives from the claim of possessory right itself, while other matters belong to the merits. It rejects the plea of non-viable claim and orders the proceedings to continue, emphasizing the restrictive application of this doctrine and the distinction between non-viability and improper choice of procedural avenue.", "primary_topic_id": null, "topic_ids": [], "date": "19/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1243509.json", "html_url": "/legal/doc/nexus-sen-1-0034-1243509", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1243509" }, { "id": "nexus-sen-1-0034-1243512", "citation": "Res. 00723-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over tree removal injunction for boundary vegetation", "title_es": "Competencia agraria en interdicto de derribo por árboles y vegetación colindante", "summary_en": "The Agrarian Court resolves a jurisdictional conflict after the Agrarian Court of Cartago declined to hear a suit brought by Virginia Segura Mora against Omar Durán Salas. The plaintiff sought an order for the defendant to cut or remove fruit trees, banana and plantain plants, and weeds along the property line, alleging risk of falling trees, structural damage to her house, and health nuisances from farm animals and trash burning. The lower court found the plots too small to qualify as agrarian. The Tribunal revokes, holding that trees and the described vegetation are natural resources regulated by the Biodiversity Law, whose Article 11(3) mandates protection of the environmental public interest, and whose Article 108 assigns controversies between private parties over biodiversity to the agrarian jurisdiction where no administrative act is involved. Citing its prior Ruling 1577-C-12, it finds the agrarian court competent and remands the case for continued proceedings.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "22/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1243512.json", "html_url": "/legal/doc/nexus-sen-1-0034-1243512", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1243512" }, { "id": "nexus-sen-1-0034-1244526", "citation": "Res. 00617-2024 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Civil Damages for Mangrove Destruction in Parrita Upheld", "title_es": "Confirmación de condena civil por daño a manglar en Parrita", "summary_en": "The Criminal Appeals Tribunal of San Ramón upholds the joint civil liability imposed on an individual and the company Marina Linda S.A. for the destruction of 4.6 hectares of mangrove forest in Estero Zapote, Parrita. At the first trial, the accused was found responsible for development in public areas, but the Appellate Court partially annulled the sentence and remanded the case for quantification of environmental damage and restoration orders. The lower court, relying on SINAC technical reports, awarded $106,295.60 in damages, incorporating valuations for loss of ecosystem services such as carbon sequestration, sustainable forestry, ecotourism, and others. The defense appealed, arguing errors in evaluating expert evidence, disputing the area's classification as a forest, and challenging the calculation methodology. The Appellate Court rejects all claims, holding that the existence of damage was already firmly established, SNIAC reports constitute objective technical evidence unchallenged by the defense, and the judgment adequately explained the proportionality of the amount. It also confirms the restoration order under a plan to be set by SINAC.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "12/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1244526.json", "html_url": "/legal/doc/nexus-sen-1-0034-1244526", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1244526" }, { "id": "nexus-sen-1-0034-1244574", "citation": "Res. 03530-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental Protection Zones Around Water Springs Are Not Expropriatory or Compensable", "title_es": "Limitaciones ambientales de protección de nacientes no son expropiatorias ni indemnizables", "summary_en": "The Administrative-Contentious Court rejects the claim by the Padilla Pérez family seeking compensation for the total value of their properties in Puriscal, which are located within the protection zones of two water springs (permanent and intermittent). The plaintiffs argued that the restrictions under Articles 33 and 34 of the Forestry Law and Article 149 of the Waters Law emptied their property right by prohibiting construction, constituting a de facto expropriation. The Court holds that such restrictions are not expropriatory; they are reasonable and do not empty the essential content of the property right, as other uses (possession, usufruct, etc.) remain—their impossibility was not proven. The State's liability for legislative special or abnormal damage is rejected because neither the emptying of the right nor a small proportion of affected persons was demonstrated. The defense of lack of right is upheld, and costs are awarded against the plaintiffs.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "03/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1244574.json", "html_url": "/legal/doc/nexus-sen-1-0034-1244574", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1244574" }, { "id": "nexus-sen-1-0034-1244667", "citation": "Res. 03682-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary suspension of condominium construction in forested area of Manuel Antonio", "title_es": "Paralización cautelar de condominio en zona boscosa en Manuel Antonio", "summary_en": "The Contentious-Administrative Tribunal, Second Judicial Circuit of San José, partially grants a precautionary measure requested by a citizen against the State, SINAC, the Municipality of Quepos, and the developer Vista Paradise MA SRL S.R.L., to suspend construction of the Condominio Residencial Vista Islas project in Manuel Antonio, Quepos. The court analyzes the requirements for a precautionary measure in contentious-administrative proceedings (appearance of a good right, danger in delay, and balancing of interests) under environmental law principles such as in dubio pro natura, precautionary, and preventive. It holds that while proof of actual harm is not required, there must be certainty and immediacy of environmental risks. Based on evidence including SINAC reports, machinery seizure records, and administrative orders showing logging and earthmoving in a forested area, the court finds the danger in delay requirement satisfied. It orders SINAC and the State (SETENA) to halt all works and activities and to produce an environmental impact study within one month. The original and first amended requests are rejected as moot, given the project already had a construction permit and tree-cutting permits had been denied. The ruling prioritizes environmental protection over the developer's private interest.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "07/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1244667.json", "html_url": "/legal/doc/nexus-sen-1-0034-1244667", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1244667" }, { "id": "nexus-sen-1-0034-1244737", "citation": "Res. 03758-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of standing due to absence of just title for possession of plot within forest reserve", "title_es": "Falta de legitimación activa por ausencia de justo título en posesión de parcela dentro de reserva forestal", "summary_en": "The Administrative Litigation Court dismissed the lawsuit brought by the Mendoza Gómez sisters against the State, INDER, and SINAC due to lack of active standing. The plaintiffs sought nullification of the IDA's decision revoking a special titling procedure within the Golfo Dulce Forest Reserve and, alternatively, compensation for expropriation. The Court held that they failed to prove a just title for their possession: they did not demonstrate agricultural labor (the only valid title in special agrarian usucaption) nor the alleged donation of possession by their father through a public deed. Their sworn statements regarding the origin and length of possession were also contradictory. While prescription and expiration defenses were rejected, the lack of standing as a procedural prerequisite rendered the claim inadmissible. Costs were not awarded given the Administration's erratic conduct.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "12/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1244737.json", "html_url": "/legal/doc/nexus-sen-1-0034-1244737", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1244737" }, { "id": "nexus-sen-1-0034-1244836", "citation": "Res. 03900-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of Claim for Road Widening Due to Lack of Causal Link and Third-Party Acts", "title_es": "Improcedencia de pretensión de ampliación de vía pública por ausencia de nexo causal y hecho de tercero", "summary_en": "The Administrative Court dismissed the lawsuit filed by the environmental association against the Municipality of Goicoechea seeking a declaration of liability for failure to widen the access road to the Kamir lot development to 14 meters and to build sidewalks. The court found that the project was never authorized as an urbanization but as individual lot segregation, and that the access road is a pre-existing, inventoried public way. No causal link was proven between municipal conduct and the road width, and exemptions for third-party acts (the developer) and victim fault (the buyers) applied. Defenses of prescription and lack of standing were rejected, but lack of right was upheld.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1244836.json", "html_url": "/legal/doc/nexus-sen-1-0034-1244836", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1244836" }, { "id": "nexus-sen-1-0034-1245058", "citation": "Res. 04086-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Stay of title annulment proceedings pending environmental lesividad action", "title_es": "Suspensión de proceso sobre anulación de título por litispendencia con lesividad ambiental", "summary_en": "The Administrative Court stays the proceedings brought by Karen González Mayorga against INDER seeking to annul a decision that revoked an agrarian land award and canceled the title, due to the existence of a later lesividad action filed by INDER against the same parties, which seeks to invalidate the original award, annul the titles, and return the property to the State. The court finds that both proceedings share the same parties, subject matter, and cause of action, and that simultaneous prosecution could lead to contradictory rulings. Invoking constitutional principles of legal certainty and \"non bis in idem\", the court temporarily archives the older case until the lesividad proceeding is resolved, as both parties agreed during the preliminary hearing.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "property-and-titling", "forestry-law-7575" ], "date": "26/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245058.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245058", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245058" }, { "id": "nexus-sen-1-0034-1245088", "citation": "Res. 04135-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of precautionary suspension of amendment to Art. 112 of the Phytosanitary Protection Regulation", "title_es": "Denegatoria de suspensión cautelar de reforma al Art. 112 del Reglamento de Protección Fitosanitaria", "summary_en": "The Administrative Contentious Court denied the precautionary measure requested by the Biodiversity Coordination Network Association, which sought to immediately suspend the amendment to Article 112 of the Phytosanitary Protection Regulation (Executive Decree No. 44020-MAG). The amendment changed the composition of the National Technical Commission on Biosafety, excluding the plaintiff, which was previously a member. The court found that while there was a fumus boni iuris, the claimant failed to prove periculum in mora and also did not satisfy the balancing of interests. No technical evidence was submitted to demonstrate that the new membership—still including three ministries and other technical bodies—posed a real risk to the environment or biodiversity, or that public interests would be harmed. Consequently, lacking two of the three necessary requirements under Articles 21 and 22 of the Contentious Administrative Procedure Code, the precautionary measure was denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "biodiversity-law-7788", "procedural-environmental" ], "date": "27/06/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245088.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245088", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245088" }, { "id": "nexus-sen-1-0034-1245153", "citation": "Res. 04230-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of Compensation for Detention Without Arbitrariness or Gross Error", "title_es": "Improcedencia de indemnización por detención sin arbitrariedad ni grave error", "summary_en": "The Administrative Court dismisses the plaintiff's claim for damages against the State, arising from a detention of less than six hours and a subsequent dismissal of the criminal case. The plaintiff alleged liability for abnormal functioning of the Public Prosecutor's Office and the Judicial Investigation Agency, arguing he was wrongfully arrested on a public street in front of his family and subjected to an excessively long criminal process. The Court analyzes the State's liability regime: for administrative functions (which include the auxiliary activity of the Public Prosecutor and OIJ), objective liability applies; for jurisdictional functions, arbitrariness or gross negligence must be proven, per Article 271 of the Criminal Procedure Code. In this case, no arbitrariness or abnormal functioning was proven: the detention was based on a photographic identification by the victim and other reasonable indications, and the duration of the proceedings was not excessive. No pretrial detention was imposed, and there was no acquittal with full demonstration of innocence, but rather a dismissal due to insurmountable doubt. The defense of lack of right is upheld and costs are imposed on the plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245153.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245153", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245153" }, { "id": "nexus-sen-1-0034-1245164", "citation": "Res. 04250-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of interim measure against San Vito boulevard project", "title_es": "Rechazo de medida cautelar contra proyecto de boulevard en San Vito", "summary_en": "The Administrative Court denied a pre-trial interim measure requested by a resident of San Vito, Coto Brus, to halt the construction of a municipal \"Boulevard\" project on Mottola Street. The plaintiff argued that the project lacked environmental impact studies, hydrology studies, and public consultation, and that it would restrict free transit, parking, and cause environmental risks due to the absence of a sewer system. The Court found that, although there was a fumus boni iuris, the plaintiff failed to provide sufficient evidence to prove periculum in mora—that the administrative action caused serious actual or potential harm. It stressed that the burden of proof lies with the plaintiff and that mere statements are insufficient. The Municipality asserted that the project only involved replacing asphalt with cobblestones and improving sidewalks, without closing the street or needing SETENA environmental approval. The defense of failure to exhaust administrative remedies was dismissed, and no costs were awarded.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "01/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245164.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245164", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245164" }, { "id": "nexus-sen-1-0034-1245170", "citation": "Res. 04265-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Suspensive Precautionary Measure Against SINAC Stop-Work Orders Issued at the Request of the Environmental Prosecutor", "title_es": "Rechazo de medida cautelar suspensiva contra órdenes de paralización del SINAC en auxilio de Fiscalía Ambiental", "summary_en": "The Contentious-Administrative Court denies the precautionary measure requested by the developers of the Acquarello Escaleras Dominical project, which sought to suspend the effects of two SINAC administrative orders that halted construction. The orders were issued by SINAC acting as judicial police under the functional direction of the Environmental Prosecutor’s Office, within a criminal case for possible violation of the Forestry Law (affecting protected areas under Article 34). The Court holds that such actions are not subject to challenge in the contentious-administrative jurisdiction; their legality must be reviewed by the criminal judge. It further rules that none of the precautionary requirements are met: no appearance of good right, no proven imminent harm, and the public environmental interest—strengthened by the precautionary principle—outweighs the private interest. The offered additional evidence is also rejected.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "02/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245170.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245170", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245170" }, { "id": "nexus-sen-1-0034-1245183", "citation": "Res. 04281-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Indigenous individual denied commercial zoo permit within indigenous territory", "title_es": "Indígena no obtiene permiso para zoológico comercial en territorio indígena", "summary_en": "The Administrative Court denied Orlando Rivera Beita's lawsuit seeking annulment of the administrative procedure that rejected his operating permit for the 'Zoológico del Sur' in the Ujarrás Indigenous Territory and the seizure of wild and exotic animals. The Court found that Executive Decree 40548-MINAE is not illegal nor does it violate indigenous rights, because Article 1 of the Wildlife Conservation Law excludes only non-profit activities based on traditional practices, and the plaintiff's project was commercial. It was proven that he lacked authorization from the Integral Indigenous Development Association of Ujarrás, an essential requirement for a wildlife management site in indigenous territory. SINAC's actions were lawful and respected due process. All claims were dismissed, including damages, and costs were imposed on the plaintiff.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "02/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245183.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245183", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245183" }, { "id": "nexus-sen-1-0034-1245189", "citation": "Res. 04288-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "TCA lacks subject-matter jurisdiction over municipal external hiring competitions", "title_es": "Incompetencia del TCA por materia laboral en concursos externos municipales", "summary_en": "The Administrative Appeals Tribunal (TCA) declines subject-matter jurisdiction over an appeal filed by Enny Johanna Briceño Hernández against the 2024 external hiring competitions (for Budget Management, Environmental Manager, Project Manager, and Social Promoter positions) of the Municipality of Nandayure. The tribunal finds that authority over these positions rests solely with the Municipal Mayor, as documented by the Department of Human Resources. Under Articles 159, 161 and 170 of the Municipal Code, decisions on labor matters entrusted to the mayor fall outside the TCA’s review and must be heard by the labor court as improper hierarchical superior. Relying on the Superior Council of the Judiciary’s opinion (session No. 87-2023), the TCA declares itself incompetent and orders the case transferred to the Contraventional Court of Nandayure (Labor Division).", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245189.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245189", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245189" }, { "id": "nexus-sen-1-0034-1245242", "citation": "Res. 04372-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Interim measure against cancellation of maritime zone concession", "title_es": "Medida cautelar por cancelación de concesión en zona marítimo terrestre", "summary_en": "The Administrative Court hears an interim measure requested by Desarrollos Platinos DP S.A. against the Municipality of Santa Cruz, the State, and the Administrative Board of the National Registry, seeking to prevent any action on a maritime-terrestrial zone concession that had been cancelled in the registry, despite the applicant's claim of having entered into a payment agreement for outstanding fees. The judge analyzes the requirements of fumus boni iuris, periculum in mora, and balancing of interests, finding that the claim is not frivolous and that there is risk of harm from delay, but granting the measure as requested would nullify the Administration's powers of self-protection over public domain. The measure is partially granted, ordering the municipality and the State not to grant the concession to third parties until the main proceedings are decided, and the applicant to continue honoring the payment agreement.", "primary_topic_id": null, "topic_ids": [], "date": "07/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245242.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245242", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245242" }, { "id": "nexus-sen-1-0034-1245259", "citation": "Res. 04390-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of Trust Annulment Suit for Failure to Sue the Independent Estate", "title_es": "Improcedencia de demanda de nulidad de fideicomiso de garantía por falta de técnica jurídica al no demandar al patrimonio autónomo", "summary_en": "The Administrative and Civil Treasury Court dismissed the lawsuit filed by Armando Moya Morera against Banco de Costa Rica (BCR) and Banco Improsa S.A. The plaintiff sought the absolute nullity of a guarantee trust contract constituted over two properties to secure a loan, alleging defects in consent, abusive clauses, and lack of clarity. The Court upheld the lack of passive standing exception raised by Banco Improsa S.A., reasoning that the trust constitutes an autonomous estate with its own procedural capacity under Article 9 of the Administrative Procedure Code (CPCA). Therefore, by suing the bank directly instead of the trust represented by its trustee, the action was dismissed. As for BCR, although it had standing due to the merger by absorption of Banco Crédito Agrícola de Cartago, the claim was also dismissed for the same reason: the trust was not sued as an essential party. The plaintiff was ordered to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245259.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245259", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245259" }, { "id": "nexus-sen-1-0034-1245264", "citation": "Res. 04395-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipality of Talamanca seeks to lift closure of recyclable waste center", "title_es": "Municipalidad de Talamanca solicita suspender clausura de centro de residuos valorizables", "summary_en": "The Administrative Contentious Court denied the precautionary measure requested by the Municipality of Talamanca, which sought to suspend the effects of sanitary orders and the closure of the Volio Transfer and Recyclable Waste Center, imposed by the Ministry of Health. The Municipality argued that the closure severely affected the public waste collection service and the right to a healthy environment. The Court analyzed the requirements of fumus boni iuris, periculum in mora, and balancing of interests, pursuant to Articles 19, 21, and 22 of the Administrative Contentious Procedure Code. It found that no serious, actual or potential harm was proven, as the Municipality failed to provide sufficient evidence; its arguments were deemed mere presumptions. When weighing the interests at stake, the public interest safeguarded by the Ministry of Health as the governing body for integrated waste management prevailed over the Municipality's private interest. The measure was denied, with no special ruling on costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245264.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245264", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245264" }, { "id": "nexus-sen-1-0034-1245265", "citation": "Res. 04396-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INDER Recovers Lot in Southern Border Strip Illegally Titled", "title_es": "INDER recupera terreno en franja fronteriza sur titulado ilegalmente", "summary_en": "The Costa Rican Administrative Court upheld a “lesividad” (detrimentality) action brought by INDER, annulling the title to a plot in the Amalia Hernández settlement in Coto Brus, Puntarenas. It was proven that Parcel 40 (202.69 m²) lies entirely within the 2-kilometer border strip with Panama, which is public domain land and inalienable under Article 7(f) of Law 2825. Consequently, the 2005 board resolution that authorized segregation and transfer to Yahaira Monge Barboza is absolutely null. The Court also nullified all subsequent public deeds by which the property was bought, sold, and donated among several individuals, ending with the current registered owner María Emilia Jiménez Quesada. The National Registry is ordered to cancel the registration, and the court orders eviction and return of possession to INDER. Costs were not imposed because the defendants acted in good faith or did not oppose the action.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "08/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245265.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245265", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245265" }, { "id": "nexus-sen-1-0034-1245280", "citation": "Res. 04416-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Preliminary injunction against ban on vaping liquids with cannabinoids", "title_es": "Medida cautelar contra prohibición de líquidos de vapeo con cannabinoides", "summary_en": "The Administrative Litigation Court denies the preliminary injunction filed by CMM DISTRO S.R.L. against the Ministry of Health. The company, dedicated to distributing vaping liquids with cannabinoids, sought to partially suspend Resolution MS-DM-RC-2381-2024 which bans the import, sale and marketing of these products as a precautionary measure due to public health risks. The court recognized the serious harm to the company's commercial activity from an absolute and indefinite ban, but in balancing interests, the prevailing public health interest prevails. It applies the enhanced precautionary principle in public health, under Articles 21 and 50 of the Constitution, the General Health Law and constitutional case law, concluding that protection of life and public health cannot be subordinated to economic considerations. The court emphasizes that the proponents of the activity bear the burden of proving the safety of the products beyond reasonable doubt.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "_off-topic" ], "date": "09/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245280.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245280", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245280" }, { "id": "nexus-sen-1-0034-1245316", "citation": "Res. 04460-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of interim measure for transfer of plains zebras", "title_es": "Denegatoria de medida cautelar para traslado de cebras de planicie", "summary_en": "The resolution analyzes and denies the interim measure requested by Finca Rosita S.R.L. to suspend SINAC's administrative acts that prevent the transfer of female zebras (Equus quagga) from a zoo in Guanacaste to its breeding center in Alajuela, arguing that the species is endangered and that the refusal affects its reproduction. The judge evaluates the requirements under the Administrative Litigation Procedure Code: appearance of good right, danger in delay, and balancing of interests, concluding they are not met. Specifically, she finds that the applicant fails to demonstrate, even indicatively, compliance with regulatory requirements that would allow transfer between management sites with divergent purposes (zoo vs. breeding center), nor does she prove the impossibility of other reproductive techniques or a serious harm. The public interest in the administrative oversight of wildlife under the principles of legality and pro natura prevails, so the interim measure is denied.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "_off-topic" ], "date": "11/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245316.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245316", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245316" }, { "id": "nexus-sen-1-0034-1245462", "citation": "Res. 04639-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Liability of contractor and State for entering private property before official handover of possession", "title_es": "Responsabilidad de contratista y Estado por ingreso a propiedad privada antes de la puesta en posesión", "summary_en": "The Costa Rican Contentious-Administrative Court decides a claim for damages brought by the owner of a property affected by the expansion of National Route 32. The plaintiff alleged that the contractor China Harbour Engineering Company (CHEC) and the National Roads Council (CONAVI) caused harm by entering his land without authorization before judicial handover of possession, building a slope that blocked access, and felling trees. The Court analyzes the objective liability of the Administration and the contractor, concluding that CHEC is solely liable for cutting 30 trees without permission, due to gross negligence of its employees. Other claimed damages, such as the slope construction, are dismissed for lack of proof. A partial award for subjective moral damages is granted. The State is absolved for lack of passive standing, and CONAVI for failure to prove breach of its supervisory duty. The economic quantification of the felled timber is deferred to the enforcement stage.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "18/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245462.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245462", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245462" }, { "id": "nexus-sen-1-0034-1245554", "citation": "Res. 04757-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Declares inadmissible nullity of registration due to expiration and statute of limitations", "title_es": "Declara inadmisible nulidad de inscripción por caducidad y prescripción", "summary_en": "The contentious-administrative court dismisses the lawsuit filed by Agencia Aduanal C.R. S.A. that sought to annul the registration of property 2-206757-000 owned by Banco Nacional, and to claim damages. The court upholds the defenses of expiration and statute of limitations raised by the defendants: INDER, the State, Banco Nacional, the National Registry Board, and SINAC. It finds that the registration act in favor of Banco Nacional in 2000 became final before the current Administrative Contentious Procedure Code (2008) entered into force; thus the prior legislation applies, setting a 4-year expiration period (art. 175 LGAP), which had long elapsed when the lawsuit was filed in 2018. The indemnification claim also expired under art. 198 LGAP. The declaratory claim regarding plaintiff's property is dismissed, and a prior ruling (N°1226-2016) already established Banco Nacional's superior property right.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "23/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245554.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245554", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245554" }, { "id": "nexus-sen-1-0034-1245566", "citation": "Res. 04780-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal over electric poles in Maritime Zone dismissed for lack of technical grievances", "title_es": "Apelación por postes eléctricos en Zona Marítimo Terrestre rechazada por falta de agravios técnicos", "summary_en": "The Administrative Court, acting as improper municipal hierarch, heard an appeal by the Costa Rican Federation for Environmental Conservation against a Santa Cruz Municipal Council decision that denied an extraordinary review appeal. The review sought to nullify a permit for electric poles in the maritime zone of Playa El Coco de Marbella, alleging light pollution and lack of environmental impact studies affecting turtle nesting. The Court dismissed the appeal, finding that the appellant failed to raise technical, legal, and procedural grievances to justify modifying or annulling the municipal ruling. It held that the arguments were merely subjective statements, without proving any norm requiring specific environmental impact studies for pole installation in that area, and without technically refuting that the poles had no lamps, thus ruling out light pollution. This decision exhausted the administrative remedy.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245566.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245566", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245566" }, { "id": "nexus-sen-1-0034-1245612", "citation": "Res. 04850-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Restoration of the Pochotal Lagoon Wetland due to State Omission", "title_es": "Restauración del humedal Laguna Pochotal por omisión estatal", "summary_en": "The Administrative Court partially grants a lawsuit filed by a private attorney against the State and SINAC, ordering the restoration of the Pochotal Lagoon Wetland ecosystem in Playa Hermosa, Jacó. The ruling finds that the wetland has suffered severe deterioration due to human actions, especially the construction of artificial drainage channels that alter its hydrology. Despite multiple technical reports and recommendations since 2014, the defendants have failed to implement effective material measures to recover the ecosystem, engaging in an omission contrary to Article 50 of the Constitution and environmental principles such as prevention, precaution, and non-regression. The Court orders the elimination of artificial channels, establishment of the wetland's true boundaries, recovery of its water mirror, strict surveillance, and identification of properties encroaching on the protected area. It mandates coordination with the Municipality of Garabito and SETENA, and submission of a work plan with specific deadlines. No costs are awarded due to the environmental nature of the case.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "29/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245612.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245612", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245612" }, { "id": "nexus-sen-1-0034-1245639", "citation": "Res. 04879-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Statute of Limitations Applied to INDER's Alleged Failure to Execute Land Titling Agreements in Osa", "title_es": "Caducidad de acción sobre omisión del INDER en ejecutar acuerdos de titulación de tierras en Osa", "summary_en": "The Administrative Litigation Tribunal declared the action time-barred and dismissed the claims filed by Gregorio Alemán Valencia against the Rural Development Institute (INDER). The plaintiff sought to declare INDER's omission in executing agreements from the former ITCO's Board of Directors (1965-1974) aimed at resolving land tenure conflicts in the Osa Peninsula. The Tribunal found the agreements were executed and their effects ceased by 1980. Applying a ten-year statute of limitations under Civil Code Article 868, any judicial action expired by December 1990. The lawsuit filed in 2013 was thus time-barred. Claims for relocation, compensation, and recognition of possessory rights were also dismissed. The court further ruled that a 2005 agreement had been revoked in 2007 and could not form the basis of an omission claim.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "30/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245639.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245639", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245639" }, { "id": "nexus-sen-1-0034-1245676", "citation": "Res. 04918-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipality liable for metal plate detaching from vehicle", "title_es": "Municipalidad responsable por desprendimiento de platina de vehículo", "summary_en": "The Administrative Appeals Court resolved a claim for damages filed by a person who was struck on the right foot by a metal plate that detached from a vehicle owned by the Municipality of Desamparados while she was walking on a public road. The Court analyzed the objective liability of the Administration under Articles 190 and 191 of the General Public Administration Act, finding a causal link between the Administration's conduct and the physical and moral harm suffered by the plaintiff. It was proven that the accident occurred on July 28, 2015, that the vehicle was owned by the municipality, and that the detachment of the plate caused injuries resulting in temporary disability for 6 weeks and permanent disability of 5%, according to a forensic medical report. The Court ordered the municipality to pay ₡7,500,000 for subjective moral damages and to compensate the physical harm in abstract, with the amount to be determined in the judgment execution phase. Indexation was denied but statutory interest was granted from the date the amounts become final.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245676.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245676", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245676" }, { "id": "nexus-sen-1-0034-1245681", "citation": "Res. 04923-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of a Request for Declaration of “Lesividad” of Land Use by Private Parties", "title_es": "Improcedencia de declarar lesividad del uso de suelo por vía de demanda de particulares", "summary_en": "The Administrative Court dismisses a lawsuit filed by two residents of Vázquez de Coronado seeking a judicial declaration that a municipal land-use certificate issued for a planned gas station is “lesivo” (harmful to the public interest). Plaintiffs argued the municipality misapplied the Zoning Plan, placing the property in a commercial rather than residential zone. The ruling thoroughly examines the nature of the “lesividad” (harmfulness) action and concludes that courts lack the power to declare an administrative act harmful to the public interest at the request of private individuals. The declaration of “lesividad” is an exclusive, discretionary power of the Public Administration itself, serving as a prerequisite for the Administration to challenge its own beneficial acts. The subsidiary request for the court to “clarify” which zoning provision applies is also denied, as it seeks an advisory opinion outside the court’s adjudicatory role. Court costs are imposed on plaintiffs.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "31/07/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1245681.json", "html_url": "/legal/doc/nexus-sen-1-0034-1245681", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1245681" }, { "id": "nexus-sen-1-0034-1246127", "citation": "Res. 00648-2024 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Demolition of Works in Protected Zone Proceeds Even Without Criminal Conviction", "title_es": "Derribo de obras en zona de protección procede aunque no haya condena penal", "summary_en": "The Criminal Appeals Tribunal partially overturned an acquittal regarding the refusal to order the demolition of works (street, sidewalk, culvert, and water tank) built within a permanent spring protection zone. The trial court had rejected the demolition, arguing that the acquittal lacked proven facts about the damage and that the civil compensation claim had been withdrawn. The Chamber held that the absence of criminal liability does not preclude assessing whether the evidence shows harm to public domain goods and whether restoration to the prior state is warranted, since such measure depends on wrongfulness, not on the defendant's guilt. The appeals by the Attorney General's Office and the Prosecution were granted, the ruling on demolition was annulled, and the case was remanded for a new panel to determine, based on the original evidence, whether the works affect the protected water resource and whether their destruction should be ordered.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "water-law" ], "date": "21/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1246127.json", "html_url": "/legal/doc/nexus-sen-1-0034-1246127", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1246127" }, { "id": "nexus-sen-1-0034-1248773", "citation": "Res. 00672-2024 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Civil damages for moral harm to shareholders of a defrauded legal entity", "title_es": "Condena civil por daño moral a socios de persona jurídica víctima de estafa", "summary_en": "The Penal Sentencing Appeals Court of the Third Judicial Circuit of Alajuela, San Ramón, reviewed the criminal and civil conviction for ideological falsehood and major fraud involving the dispossession of a property. It upheld the declaration of instrumental falsehood of the power of attorney and of the subsequent mortgage and sale deeds, but corrected the civil award. It annulled the moral damages awarded to the individual shareholders of the victim company, holding that moral harm belongs to the legal entity; it also revoked the joint civil liability against the notary, acquitted of fraud due to statute of limitations, for lack of proof of her involvement in the material loss to the creditor company. It remanded the matter of costs from the criminal complaints for a new trial. The principle of appellate jurisdiction limited to the appellant's grievances is applied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1248773.json", "html_url": "/legal/doc/nexus-sen-1-0034-1248773", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1248773" }, { "id": "nexus-sen-1-0034-1248775", "citation": "Res. 00350-2024 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Suspension of works and mitigation measures for environmental damage in a forested area", "title_es": "Suspensión de obra y medidas de mitigación por daño ambiental en zona boscosa", "summary_en": "The Appeals Court for Administrative and Civil Tax Matters, First Section, decided an appeal in a precautionary measure proceeding for environmental damage in a forested area. The plaintiff, Walter Brenes Soto, sought the suspension of works and the imposition of precautionary measures against the company Vista Paradise Ma SRL, the Municipality of Quepos, SINAC, and the State. The court upheld the lower court's order suspending the works, but added: it ordered MINAE and SINAC to take mitigation measures in the affected areas, according to their competencies, and to submit quarterly progress reports to the court's Execution Area. It also rejected documentary evidence and a nullity motion filed by the co-defendant company. The decision is based on the need to prevent further environmental harm while the main proceedings are pending, applying the principles of precaution and effective environmental protection.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1248775.json", "html_url": "/legal/doc/nexus-sen-1-0034-1248775", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1248775" }, { "id": "nexus-sen-1-0034-1248776", "citation": "Res. 00348-2024 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of precautionary measure for environmental damage in real estate project", "title_es": "Denegatoria de medida cautelar por daño ambiental en proyecto inmobiliario", "summary_en": "The Appeals Court of Administrative and Civil Treasury Litigation confirmed the denial of a precautionary measure requested by Acquarello Escaleras Dominical S.A. against the State and SINAC. The company sought enforcement of a criminal act for alleged environmental damage, seeking to suspend administrative actions or impose urgent measures. In a unanimous decision, the court dismissed the appeal and upheld the lower court's refusal to grant the precautionary measure. Although the full written text is unavailable, the ruling emphasizes the inappropriateness of interim relief in this context, likely due to failure to meet the requirements of fumus boni iuris or periculum in mora. The case is part of an administrative contentious process concerning precautionary measures in environmental matters, where the court balances environmental protection against procedural requirements and the presumption of legality of administrative acts.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1248776.json", "html_url": "/legal/doc/nexus-sen-1-0034-1248776", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1248776" }, { "id": "nexus-sen-1-0034-1249281", "citation": "Res. 00802-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of judgment on possessory state liquidation for lack of reasoning", "title_es": "Anulación de sentencia sobre liquidación de estado posesorio por falta de fundamentación", "summary_en": "Plaintiff Gladis Oporta Arista filed an ordinary agrarian proceeding against Banco Nacional de Costa Rica and Finca Dos Ríos Three Hundred Twenty-Nine HA LLC, seeking positive prescription (special agrarian adverse possession) over a portion of a Limón district property, or alternatively, payment for improvements and a right of retention. The Agrarian Court partially granted the claim, recognizing only useful and necessary improvements with a right of retention in favor of the plaintiff, despite having declared the main claim unallowable and having found bad faith on her part. Both parties appealed. The Agrarian Tribunal annuls the judgment due to defective reasoning regarding the possessory state liquidation. It finds the judgment failed to identify and reason about the improvements, their nature, the effects of good or bad faith on the improvements regime and right of retention, and did not assess the dwelling or other evidence, causing defenselessness and complicating enforcement. A new judgment must be issued complying with the duties of reasoning and consistency.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "16/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1249281.json", "html_url": "/legal/doc/nexus-sen-1-0034-1249281", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1249281" }, { "id": "nexus-sen-1-0034-1249287", "citation": "Res. 00808-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precarious possession by worker on leased farm does not create possessory right", "title_es": "Posesión precaria de trabajador en finca arrendada no genera derecho de posesión", "summary_en": "The Agrarian Tribunal upholds the dismissal of an ordinary lawsuit in which a former employee of the National Banana Corporation (CORBANA) claimed a better right of possession and payment of improvements for a plot of approximately 200 square meters with a dwelling within CORBANA's registered farm. The plaintiff had occupied the property since 2014 by mere tolerance after his employment with the lessee ended. The Tribunal finds that the occupant lacks standing because he is a mere precarious holder, without animus domini or good faith, and that his maintenance work and temporary crops do not constitute agrarian possessory acts or compensable improvements. The property is part of the main farm leased to a third party, the housing was provided free of charge and subject to conditions, and the lawsuit should have been directed against the lessee rather than the registered owner. The plaintiff is ordered to pay costs for suing without standing and without factual or legal basis.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "20/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1249287.json", "html_url": "/legal/doc/nexus-sen-1-0034-1249287", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1249287" }, { "id": "nexus-sen-1-0034-1249297", "citation": "Res. 00821-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory protection: lack of active standing in overlapping-property case", "title_es": "Amparo de posesión: ausencia de legitimación activa en predio con traslape", "summary_en": "The Agrarian Tribunal's ruling (Vote 00821-2024) confirms the lower court's dismissal of a summary interdictal proceeding (possessory amparo, restitution, and boundary restoration) filed by Lorelly Jara Solís against Miguel Sibaja Vargas. The plaintiff claimed disturbances to her possession, including illegal cutting of a boundary tree, threats, and a cadastral overlap. The Agrarian Court of Pérez Zeledón denied all claims, finding no proven disturbance or intent to dispossess. On appeal, the plaintiff argued inadequate assessment of expert and witness evidence and violation of agrarian law principles. The Agrarian Tribunal confirms the decision, holding the appeal insufficiently substantiated: it failed to identify specific errors in evidentiary evaluation or challenge the proven facts, and did not address the central issue of lack of active standing. Costs are imposed on the losing appellant.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "21/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1249297.json", "html_url": "/legal/doc/nexus-sen-1-0034-1249297", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1249297" }, { "id": "nexus-sen-1-0034-1249503", "citation": "Res. 00556-2024 Tribunal de Apelación Civil y Trabajo Heredia Sede Heredia Materia Civil", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction over executive collection of TAA environmental indemnity awards", "title_es": "Determinación de competencia para cobro ejecutivo de indemnización ambiental del TAA", "summary_en": "This ruling by the Civil and Labor Appeals Court of Heredia resolves a conflict of jurisdiction between the Heredia Collection Court and the Heredia Civil Court. The State filed a monetary payment order to collect an environmental damage award imposed on the defendants by the Environmental Administrative Tribunal (TAA) in an administrative proceeding. The Collection Court declined jurisdiction, sending the case to the Civil Court, which also refused it. The Appeals Court clarifies that this is not enforcement of a judicial judgment, but rather the exercise of the Public Administration's coercive collection power through an enforceable title issued under Articles 149(1)(a) and 150 of the General Public Administration Law, in conjunction with Article 111(2)(7) of the Civil Procedure Code. Consequently, it declares the Heredia Collection Court competent to continue hearing the monetary payment order proceeding.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1249503.json", "html_url": "/legal/doc/nexus-sen-1-0034-1249503", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1249503" }, { "id": "nexus-sen-1-0034-1249919", "citation": "Res. 00354-2024 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest restoration may be ordered despite criminal acquittal", "title_es": "Restitución del bosque puede ordenarse pese a absolutoria penal", "summary_en": "The Criminal Sentence Appeals Court of Cartago upholds a judgment that acquitted the defendant of land-use change but ordered him to submit a forest restoration plan and refrain from planting coffee in a forested area. The Chamber holds that restoration of the forest to its previous state is permissible even without a criminal conviction, under Article 361(e) of the Criminal Procedure Code and the principle of forest irreducibility. Environmental damage was proven through SINAC reports showing understory removal and cutting of all small-diameter oak trees across 7,730 m² within the Los Santos Forest Reserve. The court dismisses arguments that the previous state cannot be determined or that the plan imposes an undue economic burden, noting that the damage is documented in technical reports and the duty to repair stems from the proven punishable act, not from authorship. It also denies the request to order the Attorney General’s Office to pay costs, finding there was reasonable cause to litigate.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "05/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1249919.json", "html_url": "/legal/doc/nexus-sen-1-0034-1249919", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1249919" }, { "id": "nexus-sen-1-0034-1251772", "citation": "Res. 01598-2024 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal of acquittal for illegal fishing with speargun", "title_es": "Apelación de absolución por pesca ilegal con arbaleta", "summary_en": "The Criminal Sentencing Appeals Court overturned the acquittal issued by the Heredia Criminal Court, Sarapiquí seat, in favor of a defendant accused of illegal fishing in protected inland waters using a speargun, conduct criminalized under Article 97 of the Wildlife Conservation Law (Law 7317). The acquittal was based on the in dubio pro reo principle due to alleged irregularities in the chain of custody and crime scene management. However, the Appeals Court found that the trial judge lacked proper reasoning, erred in evaluating evidence, and made contradictory statements by failing to comprehensively assess the testimony of SINAC officials and documentary evidence that proved flagrancy. It was shown that there was no defect in the chain of custody or police actions, and that the lower court's doubts were speculative and unsupported by evidence. Consequently, the acquittal was annulled and the case remanded for a new trial, including the civil damages claim filed by the Attorney General's Office.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "wildlife-law-7317" ], "date": "25/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1251772.json", "html_url": "/legal/doc/nexus-sen-1-0034-1251772", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1251772" }, { "id": "nexus-sen-1-0034-1254241", "citation": "Res. 00904-2024 Tribunal de Apelación de Trabajo de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Definition of piecework wages in hospital maquila contract", "title_es": "Definición de salario a destajo en contrato de maquila hospitalaria", "summary_en": "The San Jose Labor Appeals Court hears the appeal of a trial court decision that had jointly ordered the State (representing the 4-S Clubs National Foundation) and the Costa Rican Social Security Fund to pay wage differences and overtime, among others, to a group of women who worked in a maquila workshop sewing hospital clothing. The appellant mainly argues that there was no employment relationship with FUNAC 4-S because the foundation only coordinated with the Acosta Maquiladora Industrial Association, of which the plaintiffs were members, and that the payment system was piecework (per unit produced), so no differences with respect to minimum wage nor overtime were applicable. The Court confirms the existence of the employment relationship based on the institutional agreement and evidence, but revokes the wage differences and overtime precisely because the work was piecework, with no fixed schedule or time supervision. It also modifies the amounts of benefits (vacation, year-end bonus, severance notice and severance pay) based on the ₡50,000 monthly that the plaintiffs claimed to receive. It rejects the statute of limitations and upholds the costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1254241.json", "html_url": "/legal/doc/nexus-sen-1-0034-1254241", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1254241" }, { "id": "nexus-sen-1-0034-1254928", "citation": "Res. 00906-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Better Right of Possession Against Registered Owner — Lack of Standing", "title_es": "Mejor derecho de posesión frente a propietario registral — falta de legitimación", "summary_en": "The Agrarian Tribunal confirms the lower court's dismissal of a claim for better right of possession and reimbursement of improvements filed by a former employee against CORBANA, the registered owner of a banana plantation. The claimant had occupied a house on the property provided rent‑free while employed by the lessee (Corporación Agrícola del Monte). After his employment ended, he remained on the premises by mere tolerance, without any intention to hold as owner. The Tribunal holds that the claimant lacks both active and passive standing: he is a mere precarious occupant; maintenance activities and perishable crops do not constitute agrarian possessory acts or compensable improvements. The action for better right of possession cannot be directed against the registered owner. Costs are upheld against the claimant for lack of good faith.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "13/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1254928.json", "html_url": "/legal/doc/nexus-sen-1-0034-1254928", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1254928" }, { "id": "nexus-sen-1-0034-1254938", "citation": "Res. 00916-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over tree-felling summary proceeding in an urban area", "title_es": "Competencia agraria en sumario de derribo de árbol en zona urbana", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José reviews a declination of jurisdiction by the Agrarian Court of Cartago in a summary proceeding for the felling of a \"higuerón\" tree located in a predominantly urban area. The lower court had declined jurisdiction, finding no agrarian activities on the plaintiff's property, where the tree allegedly damages a boundary wall and poses a danger. The Tribunal rules that it does have jurisdiction, holding that trees are natural resources that form part of the national biodiversity, and that Article 108 of the Biodiversity Law assigns agrarian courts jurisdiction over disputes between private parties concerning natural resources when no administrative act or public domain is involved. The urban character of the property is irrelevant because the object of the proceeding is a forest element. Based on Articles 11(3) and 108 of the Biodiversity Law and the Agrarian Jurisdiction Law, the Tribunal overrules the declination and remands the case to the court of origin to continue proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "biodiversity-law-7788", "procedural-environmental" ], "date": "19/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1254938.json", "html_url": "/legal/doc/nexus-sen-1-0034-1254938", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1254938" }, { "id": "nexus-sen-1-0034-1254940", "citation": "Res. 00918-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possession in the border strip does not exclude agrarian jurisdiction", "title_es": "Posesión en la franja fronteriza no excluye competencia agraria", "summary_en": "The Agrarian Tribunal denies the jurisdictional challenge raised by the Alajuela Agrarian Court and rules that jurisdiction over an ordinary lawsuit for better right to possession lies with agrarian courts. It holds that the location of the land within the northern border strip—a public domain area declared a National Wildlife Refuge—does not strip the property of its agrarian nature nor the agrarian court of jurisdiction to resolve the private dispute. The public domain classification grants the property special features that any court may protect, without implying that judicial decisions will confer property or possession rights in violation of the border strip’s special regime. The INDER and the Attorney General’s Office participate as interested third parties to safeguard public interests. The decision relies on Articles 1 and 2 of the Agrarian Jurisdiction Law and Constitutional Chamber ruling 9928-2010.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "wildlife-law-7317" ], "date": "19/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1254940.json", "html_url": "/legal/doc/nexus-sen-1-0034-1254940", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1254940" }, { "id": "nexus-sen-1-0034-1254944", "citation": "Res. 00922-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Tree felling in a National Park and burden of proof", "title_es": "Derribo de árbol en Parque Nacional y carga probatoria", "summary_en": "The Agrarian Court reviews an appeal against a judgment that denied summary proceedings for the felling of a cenízaro tree located inside Barra Honda National Park, on land registered in the plaintiff's name. The lower court relied on a technical report from MINAE that recommended against cutting, arguing there were no nearby houses and no unauthorized persons should transit the area. The Court overturns the judgment for lack of reasoning and inadequate evidentiary assessment, noting the lower court ignored the tree's risk of falling, the existence of a road used by park staff and others, the tree's lean, exposed roots, and the plaintiff’s unexpropriated property right. It orders the trial court to urgently request MINAE to clarify whether there is an imminent risk of the tree falling onto the road, and then to rule by weighing the on-site reality, property rights, environmental restrictions, and public safety.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "19/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1254944.json", "html_url": "/legal/doc/nexus-sen-1-0034-1254944", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1254944" }, { "id": "nexus-sen-1-0034-1255670", "citation": "Res. 05898-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary measure denied against Los Pinos Sanitary Landfill operation", "title_es": "Medida cautelar rechazada contra operación del Relleno Sanitario Los Pinos", "summary_en": "The Administrative Litigation Tribunal denies the precautionary measure requested by an individual against the State, the municipalities of Cartago, El Guarco and Cervantes, and operators of the Los Pinos Sanitary Landfill. The measure sought an immediate halt to solid waste transfer and disposal at an adjacent dump, cleanup of exposed waste, and monthly operational reports to the court. The tribunal finds the claim lacks instrumentality, as granting it would indirectly resolve the main dispute, breaking the accessory link to the final judgment. It also concludes the danger in delay (periculum in mora) is unproven, since the evidence is insufficient to show serious actual or potential harm, merely pointing to possible contractual breaches. The appearance of good right is acknowledged, but the absence of the other requirements leads to total denial, without costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1255670.json", "html_url": "/legal/doc/nexus-sen-1-0034-1255670", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1255670" }, { "id": "nexus-sen-1-0034-1255733", "citation": "Res. 06087-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Invoice collection dismissed for lack of proof of administrative contract", "title_es": "Improcedencia de cobro de factura por falta de prueba de contrato administrativo", "summary_en": "The Administrative Litigation Court dismisses in its entirety the claim filed by Constructora Hermanos Brenes S.A. against CONAVI and the State, which sought payment for an invoice for works allegedly performed on Route 1856 (Border Trail) under an unforeseeability procedure. The Court finds that the plaintiff failed to prove the existence of a contractual relationship with the Administration to support the claim. It highlights multiple inconsistencies in the documentation, including uncertainty about the works' location, mismatched execution dates, absence of the payment resolution signed by the Executive Director, and unregistered machinery. It stresses that the burden of proof fell on the contractor, according to the verification duty under Article 218 of the Regulation to the Administrative Contracting Law. The prior criminal dismissal does not prove administrative conformity. The statute of limitations defense is rejected, but the lack of right defense is upheld, with costs imposed on the plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1255733.json", "html_url": "/legal/doc/nexus-sen-1-0034-1255733", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1255733" }, { "id": "nexus-sen-1-0034-1255764", "citation": "Res. 06293-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of causal link between EIA omission and damages from municipal stormwater works", "title_es": "Falta de nexo causal entre omisión de EIA y daños por obras pluviales municipales", "summary_en": "Ruling No. 06293-2024 of the Contentious-Administrative Tribunal dismissed the claim of a company seeking damages for harm allegedly caused by stormwater drainage works carried out by the Municipality of San Mateo without SETENA environmental viability. The Court held that the proceedings concerned liability for damages, not the legality of the omitted environmental impact assessment. Applying the objective liability regime for public entities, it found that the lack of environmental viability could not be considered the causal link for the claimed damages. Expert and witness evidence did not prove that the municipal works increased water flow or caused erosion on the plaintiff’s remaining property; rather, it showed that damage to an open-air channel resulted from accelerated water flow due to a culvert built without permits by the plaintiff itself on an adjacent lot. The defense of lack of right was upheld, and costs were imposed on the plaintiff.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "20/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1255764.json", "html_url": "/legal/doc/nexus-sen-1-0034-1255764", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1255764" }, { "id": "nexus-sen-1-0034-1255771", "citation": "Res. 06328-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of Nullity Claim Against Endorsement Noting Location Within Las Baulas National Marine Park", "title_es": "Improcedencia de nulidad de visado que advierte ubicación dentro de Parque Nacional Marino Las Baulas", "summary_en": "The Court rejected the claim by Rancho Bammea Ltda. seeking nullity of Endorsement No. 83-2018 issued by the Tempisque Conservation Area (SINAC-MINAE). The endorsement noted that 52.73% of the property lies within Las Baulas National Marine Park. The plaintiff alleged violation of the legal reserve principle, legality principle, and a conflict of jurisdiction with the municipality, arguing the endorsement was a de facto expropriation. The Court held the act does not hollow out property rights but warns of social-interest limitations for environmental reasons, protecting the right to a healthy and ecologically balanced environment. It relied on Article 80 of the National Cadastre Law Regulation requiring prior authorization to register plans in national parks. It found no violation of legal reserve, legality, or jurisdictional conflict, and upheld the lack-of-right defense.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "23/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1255771.json", "html_url": "/legal/doc/nexus-sen-1-0034-1255771", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1255771" }, { "id": "nexus-sen-1-0034-1255781", "citation": "Res. 06355-2024 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Patrimonial liability for granting then denying land use in a wetland", "title_es": "Responsabilidad patrimonial por autorización y denegación de uso de suelo en humedal", "summary_en": "The Administrative Court partially granted the claim of a plaintiff who bought a property trusting a land-use certificate issued by the Municipality of Puntarenas authorizing a residence and mechanic workshop. Later, the municipality denied the use because the land lies within the Laguna Bonilla wetland – information it had known since 2013. The court found that the municipality's conduct, even if lawful, caused a special compensable injury: the plaintiff was misled into buying, and the denial caused subjective moral damage. The municipality was ordered to pay the current value of the property (up to ¢14,300,000) and ¢5,000,000 for moral damage, with the property being transferred to the municipality to avoid unjust enrichment. Claims for loss of chance, indexation, and interest were rejected as they constitute lost profits not recoverable for lawful-conduct liability.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "23/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1255781.json", "html_url": "/legal/doc/nexus-sen-1-0034-1255781", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1255781" }, { "id": "nexus-sen-1-0034-1255862", "citation": "Res. 00937-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of felling of yellow almond tree and buffer zone obligation", "title_es": "Denegatoria de derribo de almendro amarillo y obligación de zona buffer", "summary_en": "The Agrarian Court upholds the denial of the felling of a yellow almond tree requested by the pineapple company Ananas Export Company S.A. The court ruled that despite fractures, the tree is alive and poses no imminent danger of falling according to SINAC's technical report, prevailing over the party's expert. It also confirmed the imposition of a 50-meter buffer zone around the tree as a safety measure to protect workers and the tree, based on Article 108 of the Civil Procedure Code and Article 50 of the Constitution. The decision elaborates on the evolution of environmental law from an anthropocentric to biocentric and ecocentric perspectives, emphasizing the environmental function of property and sustainable development.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "30/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1255862.json", "html_url": "/legal/doc/nexus-sen-1-0034-1255862", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1255862" }, { "id": "nexus-sen-1-0034-1256469", "citation": "Res. 00722-2024 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Conviction for Negligent Injury in Bicycle Traffic Accident: Duty of Care and Fortuitous Event", "title_es": "Condena por lesiones culposas en accidente vial con bicicleta: deber de cuidado y caso fortuito", "summary_en": "The Criminal Appeals Court upholds the negligent injury conviction of a motorcyclist who invaded the lane in which a cyclist with right of way was traveling. The appellant alleged lack of correlation between accusation and judgment, fortuitous event due to the victim’s self-endangerment, and violation of the in dubio pro reo principle. The court dismisses all grounds: the conviction was based on breach of the duty of care by turning without ensuring the maneuver was safe, not on the non-existent stop sign; lighting conditions allowed the cyclist to be seen even without reflective devices; the efficient cause of the accident was the sudden lane invasion, not an alleged excessive speed by the victim; and the certainty judgment resulted from a reasonable assessment of the evidence, ruling out a state of doubt. It emphasizes that the cyclist’s lack of safety equipment does not exonerate a driver who abruptly enters a preferential lane.", "primary_topic_id": null, "topic_ids": [], "date": "16/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1256469.json", "html_url": "/legal/doc/nexus-sen-1-0034-1256469", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1256469" }, { "id": "nexus-sen-1-0034-1256529", "citation": "Res. 01239-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Challenge to Tivives Protected Zone dismissed on statute of limitations and lack of standing", "title_es": "Improcedencia de impugnación de la Zona Protectora Tivives por caducidad y falta de legitimación", "summary_en": "The Administrative Appeals Court dismisses a lawsuit filed by the Salina Dos Producers Association against INDER and the State, seeking the annulment of Decree 17023-MAG (which established the Tivives Protected Zone in 1986), a 2011 IDA board resolution transferring land to MINAE, and the transfer deed. The Court upholds the statute of limitations defense for most claims, as the time limits under the old Administrative Jurisdiction Law and General Public Administration Act had long expired. For the remaining claims, it finds lack of active standing: the plaintiff failed to prove ownership, lawful possession, or any protected legal interest in the affected lands. The Court stresses that Article 50 of the Constitution cannot be invoked to attack environmental protection, and the association sued on its own behalf, not representing diffuse interests. The lawsuit is thus declared inadmissible and dismissed, with costs against the plaintiff.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "29/02/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1256529.json", "html_url": "/legal/doc/nexus-sen-1-0034-1256529", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1256529" }, { "id": "nexus-sen-1-0034-1256590", "citation": "Res. 02464-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipal Liability for Denial of Water Availability", "title_es": "Responsabilidad municipal por denegatoria de disponibilidad de agua", "summary_en": "The Administrative Appeals Court rejects a claim for damages against the Municipality of Santa Bárbara de Heredia, filed by property owners seeking compensation for material and moral damages arising from the municipality's refusal to grant water availability. The plaintiffs argued that the municipality had misled them by issuing permits and subsequently denying water service, amounting to abnormal functioning through omission. The court found that the conduct complained of was not a material omission but a series of formal administrative acts denying the requests. Since the plaintiffs had not sought annulment of those acts nor challenged their legality, no abnormal functioning giving rise to liability was proven. The defense of lack of right was upheld and the plaintiffs were ordered to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/04/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1256590.json", "html_url": "/legal/doc/nexus-sen-1-0034-1256590", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1256590" }, { "id": "nexus-sen-1-0034-1256753", "citation": "Res. 05094-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary measure to prevent landfill cell demolition did not prove serious harm", "title_es": "Medida cautelar para evitar demolición de celda en relleno sanitario no acreditó daño grave", "summary_en": "The Contentious Administrative Tribunal denied the precautionary measure requested by Empresas Berthier EBI de Costa Rica S.A. against the Municipality of Aserrí. The company, operator of the 'Parque de Tecnología Ambiental Aczarrí' landfill, built a 'Celda Única' without a construction permit and sought an order preventing eviction and demolition, as well as any action compromising the landfill's operation. The Court found the claim not frivolous and with prima facie legal basis, but ruled that the applicant failed to prove the existence of serious current or potential harm—a prerequisite for interim relief. It noted that no eviction or demolition order existed at the time, and the alleged environmental and health impacts were unsubstantiated. Lacking the requisite showing of irreparable harm, the measure was denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1256753.json", "html_url": "/legal/doc/nexus-sen-1-0034-1256753", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1256753" }, { "id": "nexus-sen-1-0034-1256790", "citation": "Res. 05154-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal dismissed against municipal denial of payment for earthworks at landfill", "title_es": "Rechazo de recurso de apelación contra negativa municipal de pago por movimientos de tierra en relleno sanitario", "summary_en": "The company Excavaciones y Movimientos de Tierra WR de Jacó Limitada filed an administrative claim against the Municipality of Garabito for payment of earthworks carried out at the Garabito Solid Waste Environmental Park, totaling over seventy-two million colones plus interest and indexation. The Municipality denied the claim through resolution RAM-015-2024, and the company appealed, seeking revocation and payment. The Administrative Appeals Tribunal, acting as non-hierarchical controller of legality, dismisses the appeal, ruling that the claim for damages exceeds its jurisdiction and must be brought in a full jurisdictional proceeding. It holds that the administrative route is not the correct forum for resolving this type of patrimonial dispute with the Administration, which must be processed according to constitutional articles 49 and 173 and the Administrative Procedure Code. The ruling does not address the merits but solely the inadmissibility of the appeal, preserving the right of the party to directly bring the claim before the ordinary courts if it so wishes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1256790.json", "html_url": "/legal/doc/nexus-sen-1-0034-1256790", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1256790" }, { "id": "nexus-sen-1-0034-1256814", "citation": "Res. 05178-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reclaiming land with spring protection zones and rural aqueduct easements", "title_es": "Reivindicación de terrenos con áreas de protección de nacientes y servidumbres de acueducto rural", "summary_en": "The plaintiff company, owner of a forested property under a payment-for-environmental-services contract, sued two rural aqueduct associations (ASADAS) and the national water institute (AyA) for allegedly occupying approximately seven hectares with water intakes and pipelines, seeking restitution, moral and material damages, and lost profits. The Administrative Court held that spring protection zones and aquifer recharge areas are public domain (Natural Heritage of the State), so reivindication and private negotiation are not allowed. Outside those zones, the court found pipelines lacking formalized easements, affecting the owner's rights. The judgment partially granted restitution only for non-public-domain land, ordering AyA and the ASADAS to establish and register water and access easements within three months, and to vacate and demolish any structures outside those areas. Moral damages were rejected (plaintiff is a legal entity), and material damages and lost profits were denied for lack of evidence and causation.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "property-and-titling" ], "date": "12/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1256814.json", "html_url": "/legal/doc/nexus-sen-1-0034-1256814", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1256814" }, { "id": "nexus-sen-1-0034-1256909", "citation": "Res. 05314-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Adverse possession not applicable to maritime-terrestrial zone lands", "title_es": "Improcedencia de usucapión sobre terrenos en zona marítimo terrestre", "summary_en": "The Administrative Court dismisses the adverse possession claim filed by CARPRO INVERSIONES INTERNACIONALES S.A. over two parcels located in the maritime-terrestrial zone of Puntarenas. The company argued continuous, public, and peaceful possession since 2002, but the Court finds the lands are public domain assets, inalienable and imprescriptible under the Maritime-Terrestrial Zone Law (No. 6043). The ruling offers a detailed historical and legal analysis of the coastal strip’s public-domain status, emphasizing that adverse possession cannot apply to such goods. The subsidiary claim for compensation for improvements is also rejected for lack of evidence. The judgment clarifies that the only path to obtain rights over the leftover lands in that specific area is sale by the Municipality of Puntarenas under Article 76 of the law, subject to appraisal and respect for public-zone setbacks.", "primary_topic_id": "_off-topic", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "19/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1256909.json", "html_url": "/legal/doc/nexus-sen-1-0034-1256909", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1256909" }, { "id": "nexus-sen-1-0034-1256925", "citation": "Res. 05331-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Injunction to suspend agricultural activities in mangrove", "title_es": "Medida cautelar para suspender actividades agrícolas en manglar", "summary_en": "The Administrative Court grants the State's request for an injunction against Unión Distribuidora Ferarosse S.A., ordering the immediate suspension of all productive, agricultural, or livestock activities within the mangrove area delimited by report SINAC-ACOPAC-CH-00034-2023. The decision rests on established fumus boni iuris and periculum in mora. The court dismisses the defendant's confidentiality challenge to the technical report and rules that the public interest in environmental protection—particularly of a mangrove wetland ecosystem—prevails over the company's private interests. The defendant's request for a counter-bond is rejected as unfounded. The ruling emphasizes that environmental protection enjoys special constitutional status, applying the precautionary and preventive principles, and that agricultural activities encroaching upon state-owned natural heritage areas cannot be justified by sustainability certifications.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "20/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1256925.json", "html_url": "/legal/doc/nexus-sen-1-0034-1256925", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1256925" }, { "id": "nexus-sen-1-0034-1256969", "citation": "Res. 05378-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Sanitary order annulment denied due to fulfillment of public oversight mandate", "title_es": "Improcedencia de anular orden sanitaria por cumplimiento del fin público de fiscalización", "summary_en": "The Administrative Court dismisses the lawsuit filed by Fabián Bonilla Murillo against the State and the bus company Rutas Cincuenta y Uno y Cincuenta y Tres S.A. The plaintiff sought annulment of Sanitary Order 067-2018, revocation of the operating permit, and closure of the bus terminal, alleging omission by the Health Authority of Montes de Oca regarding noise pollution. The Court finds no omission: the Ministry of Health issued and followed up on three sanitary orders, conducted noise measurements, and verified compliance with the acoustic confinement plan. It emphasizes that sanitary orders are procedural instruments aimed at oversight and bringing activities into compliance, not automatic closure. Order 063-2017 did not include a closure warning; Order 067-2018 was deemed fulfilled after inspections, and the plaintiff prevented further noise tests. No health damages or nullity defects were proven. The defense of lack of right is upheld, and costs are imposed on the plaintiff.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1256969.json", "html_url": "/legal/doc/nexus-sen-1-0034-1256969", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1256969" }, { "id": "nexus-sen-1-0034-1256987", "citation": "Res. 05402-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No Compensation for Unviable Housing Project", "title_es": "Improcedencia de indemnización por proyecto habitacional no viable", "summary_en": "The Administrative Litigation Tribunal denies in full the claim filed by Ana Yensy Monge Vargas against the Municipality of Desamparados. The plaintiff alleged having made payments to the 'Asociación Pro Vivienda Proyecto de Dios' for a lot in a housing project that was never built. She sought economic, moral, and consequential damages, blaming the municipality for a seven-year freeze caused by an alleged misinterpretation of the zoning and land-use certificates. The Tribunal, after examining the administrative record, holds that the municipality acted lawfully when requiring compliance with the Land-Use Plan requirements, especially the stormwater discharge permit. It finds that the association's own failure to fulfill these conditions, not any wrongful municipal conduct, halted the project. Additionally, the Tribunal rules sua sponte that the municipality lacked standing to be sued for the economic damage claim, since the payments were made to the association without municipal intervention. The court upholds the defense of lack of right, dismisses all claims, and orders the plaintiff to pay costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1256987.json", "html_url": "/legal/doc/nexus-sen-1-0034-1256987", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1256987" }, { "id": "nexus-sen-1-0034-1257015", "citation": "Res. 05451-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Compensation denied for occupation on State Natural Heritage land", "title_es": "Indemnización improcedente por ocupación en Patrimonio Natural del Estado", "summary_en": "The Administrative Litigation Tribunal dismissed the lawsuit filed by Pedro Caravaca Guadamuz against INDER, which sought compensation for the Institute's alleged failure to resolve land tenure issues in the Osa Peasant Settlement, within the Golfo Dulce Forest Reserve. The plaintiff claimed to be a possessor and allottee of land, but the Court found he did not prove ten-year possession prior to the reserve's creation in 1978, as required by Article 7 of the Possessory Information Law. Moreover, the property is State Natural Heritage, a public domain asset that is inalienable and imprescriptible, precluding compensation or recognition of possessory rights. The defenses of res judicata, statute of limitations, and laches were rejected, but the exception of lack of right was upheld, entirely dismissing the case.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "23/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1257015.json", "html_url": "/legal/doc/nexus-sen-1-0034-1257015", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1257015" }, { "id": "nexus-sen-1-0034-1257119", "citation": "Res. 05561-2024 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of claims for remnant damage and loss of opportunity after partial expropriation in Las Baulas National Marine Park", "title_es": "Improcedencia de reclamos de daño al remanente y pérdida de oportunidad tras expropiación parcial en Parque Nacional Marino Las Baulas", "summary_en": "The Contentious-Administrative Court, Section IV, dismisses the lawsuit of Saino Mar Vista Estates F.R.L. against the State, which sought compensation for remnant damage, loss of opportunity, and other items allegedly uncovered in a prior expropriation proceeding. The plaintiff argued that the partial expropriation of its land for the Las Baulas National Marine Park had diminished the value of the remaining property and deprived it of future profits. The Court finds that remnant damage is an element proper to the expropriation process, and the prior judgment had already denied it, constituting an improper res judicata. Furthermore, the plaintiff failed to prove the existence of real and actual damage, thus not meeting the burden of proof. Claims for plan and boundary rectification costs are considered inherent to the expropriation process, while loss of opportunity is rejected as future expectations not compensable under Article 22 of the Expropriation Law. The lack of right exception is upheld, and the plaintiff is ordered to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1257119.json", "html_url": "/legal/doc/nexus-sen-1-0034-1257119", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1257119" }, { "id": "nexus-sen-1-0034-1257157", "citation": "Res. 05604-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Banco Nacional's liability for financing lots in an unfinished development project", "title_es": "Responsabilidad del Banco Nacional por financiamiento de lotes en proyecto urbanístico no completado", "summary_en": "The Administrative Appeals Tribunal resolved on the objective liability of the Banco Nacional de Costa Rica arising from its activity as a provider of financial services in the sale of lots in the Bariloche Real Condominium. The buyers, grouped as plaintiffs, requested that the Bank be declared liable for damages caused by financing the purchase of lots that were not developed as offered. The Tribunal analyzed the consumer relationship between the Bank and the buyers, applying the Law on Promotion of Competition and Effective Consumer Defense (Law 7472), which establishes an objective liability regime. Documentary, expert, and testimonial evidence was assessed, including an internal audit report of the Bank that revealed weaknesses in internal control and supervision of mortgage loans granted at the Palmares Branch. The ruling determines that the Bank, although not the developer, acted as a provider of consumer services and must answer for the damages caused to the buyers, having failed to adopt the necessary control and supervision measures to ensure the project's viability. The Bank is ordered to pay patrimonial and moral damages, as well as the corresponding interest.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/08/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1257157.json", "html_url": "/legal/doc/nexus-sen-1-0034-1257157", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1257157" }, { "id": "nexus-sen-1-0034-1257275", "citation": "Res. 05768-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Expropriation in Las Baulas Marine National Park: the State must indemnify for inaction", "title_es": "Expropiación en Parque Nacional Marino Las Baulas: el Estado debe indemnizar por inacción", "summary_en": "The Administrative Court of Appeals rules on a lawsuit filed by two companies owning 22 properties within or bordering Las Baulas Marine National Park (PNMB). The plaintiffs sought to annul SINAC certifications placing their land inside the park and the official boundary resolution, and requested an order of expropriation. The Court rejects the main annulment claims, holding that the PNMB’s terrestrial boundary is 125 meters inland from the high‑water mark, as the “aguas adentro” (seaward) phrase in Law 7524 is a legislative error that cannot be enforced without violating the environmental non‑regression principle. However, it partially grants the subsidiary claims: it orders the Executive Branch to issue a public‑interest declaration and administrative appraisal within three months for seven properties owned by one plaintiff, finding that the more than 33‑year delay in expropriation amounts to unlawful State inaction causing compensable harm. Expressly excluded from indemnification are any areas falling within the maritime‑terrestrial zone or the State's Natural Heritage, and payment is conditioned on the absence of any illegal land registration.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "environmental-law-7554" ], "date": "03/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1257275.json", "html_url": "/legal/doc/nexus-sen-1-0034-1257275", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1257275" }, { "id": "nexus-sen-1-0034-1257683", "citation": "Res. 06528-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Review appeal against conditional land-use certificate for gas station in Escazú", "title_es": "Recurso de revisión contra certificado de uso de suelo condicional para gasolinera en Escazú", "summary_en": "The Administrative Court, acting as non-hierarchical legality controller, confirmed the dismissal of the review appeal filed by Manuel Ramírez Castro against the Municipality of Escazú. The appellant challenged the land-use certificate that classified the requested use to build a gas station on a property in a linear commercial zone as conditional. He alleged the use was conforming, not conditional, and that the activity was incompatible with the residential surroundings, violating urban-environmental norms. After analyzing the admissibility of the extraordinary review appeal under Article 172 of the Municipal Code, the Court found the procedural requirements were met. On the merits, it held that the land-use certificate was properly reasoned, since the fuel retail activity, by its nature and under applicable hydrocarbon regulations, requires compliance with special conditions (setbacks, parking, safety measures) to protect public interest and the environment. Thus, the appeal was dismissed, the challenged decision was confirmed, and administrative remedies were exhausted.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "27/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1257683.json", "html_url": "/legal/doc/nexus-sen-1-0034-1257683", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1257683" }, { "id": "nexus-sen-1-0034-1257706", "citation": "Res. 06576-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Irregular contracting of technical direction in educational construction", "title_es": "Contratación irregular de dirección técnica en obra educativa", "summary_en": "The Administrative Appeals Court fully dismissed the lawsuit filed by a labor contractor against the State and the Administrative Board of a technical school. The plaintiff sought enforcement of the labor contract, payment of fees as technical director, and damages for alleged unilateral rescission of the contract. The Court found that the labor contract was not unilaterally terminated but rather modified through a change order recommended by the DIEE to comply with a Constitutional Court ruling and a health order, without the DIEE endorsing an addendum that increased the cost. The designation of the plaintiff as technical director was deemed an irregular contracting for failing to follow public procurement procedures, so the payment of fees was not owed. The claimed damages and their causal link to the defendants’ conduct were not proven. The exceptions of lack of right and lack of passive standing raised by the State and the Administrative Board were upheld, and the plaintiff was ordered to pay the costs of the proceedings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1257706.json", "html_url": "/legal/doc/nexus-sen-1-0034-1257706", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1257706" }, { "id": "nexus-sen-1-0034-1257888", "citation": "Res. 06788-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipality Responds to Request for Recovery of Public Spaces", "title_es": "Municipalidad responde solicitud de recuperación de espacios públicos", "summary_en": "The Valle Verde Environmental Protection Association filed a legality amparo against the Municipality of Goicoechea, alleging a violation of its right to a response regarding requests for recovery of public spaces submitted on April 26 and July 28, 2022. The Municipality responded to the claim and demonstrated that it replied through official letters MG-AG-04583-2022 of September 15, 2022, and MG-AG-O485-2022 of September 16, 2022, which were duly notified to the plaintiff. The Administrative Litigation Court found that the Administration did not exceed legal deadlines and ceased its inactivity by addressing the requests. Consequently, the claim was denied, with no award of damages or costs, and the case was ordered archived.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1257888.json", "html_url": "/legal/doc/nexus-sen-1-0034-1257888", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1257888" }, { "id": "nexus-sen-1-0034-1258007", "citation": "Res. 06919-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of precautionary measure for zebra captive breeding facility", "title_es": "Denegatoria de medida cautelar para zoocriadero de cebra", "summary_en": "The Administrative Court (Second Judicial Circuit, San José) denies the precautionary measure requested by FINCA ROSITA S.R.L. against the State and SINAC. The plaintiff sought to suspend the effects of resolution SINAC-ACAHN-SCH-099-2024, which denied the operating permit for a commercial captive breeding facility, and to maintain custody of a male zebra Equus quagga. The court analyzes the requirements for precautionary measures: fumus boni iuris (appearance of right), periculum in mora (danger in delay), and balancing of interests. It finds no appearance of right, as the plaintiff failed to demonstrate that the administrative action was arbitrary or that it met the requirements of Article 112 of the Wildlife Conservation Law Regulations for commercializing an endangered species. The danger in delay is also not proven, lacking evidence of serious economic harm or risk of extinction of the species without the measure. In the balancing of interests, the public interest in verifying compliance with environmental regulations prevails over private interest. No costs are awarded, and an appeal is available.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "wildlife-law-7317", "procedural-environmental" ], "date": "10/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1258007.json", "html_url": "/legal/doc/nexus-sen-1-0034-1258007", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1258007" }, { "id": "nexus-sen-1-0034-1258016", "citation": "Res. 06929-2024 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Hidden Defects Waiver Clause in Sale of Adjudicated Property Is Void", "title_es": "Cláusula de renuncia por vicios ocultos en venta de inmueble adjudicado es nula", "summary_en": "The Court declares absolutely null the clause by which the purchaser of a property adjudicated to Banco de Costa Rica waived claims for hidden defects and eviction, finding it abusive and contrary to law. The seller has a legal obligation to guarantee the free enjoyment of the property, even if it was acquired through judicial auction. However, the Court rejects the claims for nullity of the sale and moral damages, finding that no serious redhibitory defect vitiating consent was proven. The buyer inspected the property and was aware of the proximity of the condominium's common areas to the Puruses River; damages from undercutting and the old environmental complaint were insufficient to annul the contract. The impact on recreational areas does not empty the right of ownership or seriously affect the quality of life of the plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1258016.json", "html_url": "/legal/doc/nexus-sen-1-0034-1258016", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1258016" }, { "id": "nexus-sen-1-0034-1258063", "citation": "Res. 06980-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental viability as challengeable preparatory act in construction permit annulment", "title_es": "Viabilidad ambiental como acto de trámite impugnable en nulidad de permisos de construcción", "summary_en": "This ruling by the Contentious Administrative Tribunal (Res. No. 06980-2024) addresses a preliminary defense of non-challengeable act raised by the State in an ordinary proceeding. The plaintiff, a development association, sought annulment of several administrative acts, including construction permits granted by a municipality and the environmental viability decisions issued by SETENA. The State argued that environmental viability decisions are merely preparatory or procedural acts without independent legal effect and therefore unchallengeable. The judge rejects this defense, reasoning that although environmental viability decisions are preparatory acts required for obtaining construction licenses, when challenged together with the construction permits, they acquire an independent effect and are subject to judicial review because they form part of a complex or composite administrative act. Excluding them from the claim could lead to inconsistency in the final decision. The preliminary defense is dismissed, and proceedings are to continue.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "11/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1258063.json", "html_url": "/legal/doc/nexus-sen-1-0034-1258063", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1258063" }, { "id": "nexus-sen-1-0034-1258335", "citation": "Res. 07290-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Project rejection due to Water Law prevailing over Forestry Law for captured springs", "title_es": "Rechazo de proyecto por prevalencia de Ley de Aguas sobre Ley Forestal en nacientes captadas", "summary_en": "The Administrative and Civil Hacienda Tribunal (second circuit) dismisses the lawsuit filed by Industrias Alimenticias JE de Costa Rica S.A. against the National Institute of Housing and Urbanism (INVU) seeking annulment of the Colina Real condominium project rejection and damages. The court finds that the project site lies within the 200‑meter protection zone of two permanent, captured springs (Pasito 1 and Pasito 2) used for human water supply, as certified by the Ministry of Environment. Because these are springs captured for potable water, the court holds that the Water Law (Article 31(a)'s 200‑m radius) applies, not the Forestry Law's 100‑m radius. The INVU's refusal to approve the project was lawful and did not violate the plaintiff's acquired rights. The claims for damages are dismissed, and the plaintiff is ordered to pay costs.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "subdivision-fraccionamiento" ], "date": "22/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1258335.json", "html_url": "/legal/doc/nexus-sen-1-0034-1258335", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1258335" }, { "id": "nexus-sen-1-0034-1258337", "citation": "Res. 07294-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Failure to Substantiate Environmental Harm in Electric Pole Installation in the Maritime Terrestrial Zone", "title_es": "Falta de acreditación de agravios ambientales en instalación de postes eléctricos en Zona Marítimo Terrestre", "summary_en": "The Costa Rican Federation for Environmental Conservation appealed an agreement of the Municipal Council of Santa Cruz that denied an extraordinary review against a prior authorization for the installation of two electric poles in the Maritime Terrestrial Zone of Playa Frijolar, Santa Cruz. The appellant argued that the installation lacked an environmental license from SETENA and caused negative impacts on the high environmental fragility of the area, light pollution, landscape damage, and harm to nesting sea turtles, invoking, among others, the precautionary principle and the Biodiversity Law. The Administrative Contentious Tribunal, acting as a non-hierarchical legality controller, dismissed the appeal. It held that the grievances were not adequately substantiated: no proof was provided of a legal obligation to obtain an environmental license for such poles, nor was there technical evidence of the alleged impacts. The appellant's statements were deemed subjective and insufficient to establish the claimed regulatory violations. The administrative avenue was declared exhausted. A request for joinder with other cases was not addressed.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "landscape-protection" ], "date": "22/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1258337.json", "html_url": "/legal/doc/nexus-sen-1-0034-1258337", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1258337" }, { "id": "nexus-sen-1-0034-1258429", "citation": "Res. 07396-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "State's duty to expropriate properties in the Cabo Blanco Absolute Natural Reserve", "title_es": "Obligación estatal de expropiar inmuebles en la Reserva Natural Absoluta Cabo Blanco", "summary_en": "The Administrative Contentious Court ruled on a claim by Small Chickadee Bird S.A. against SINAC and the State for failing to expropriate a portion of its property located within the boundaries of the Cabo Blanco Absolute Natural Reserve, as expanded by Executive Decree 23775 of 1994. The plaintiff argued that the environmental protection regime affecting its property requires compensation, and that the Administration breached its legal duty to initiate expropriation proceedings. The Court held that, under Article 50 of the Constitution, Articles 1, 13, 34, and 37 of the Organic Environmental Law, and Article 2 of the Forestry Law, the State is obligated to protect wild areas and to expropriate private lands within them, without any need for the owner to first request it. Although SINAC began direct purchase procedures, the Court granted the main claim and ordered the Executive Branch, through MINAE, to formally and immediately commence expropriation proceedings, without prejudice to the parties continuing with the direct purchase. The defenses of lack of passive standing and lack of right were dismissed, and the defendants were ordered to pay costs.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "environmental-law-7554", "forestry-law-7575" ], "date": "23/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1258429.json", "html_url": "/legal/doc/nexus-sen-1-0034-1258429", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1258429" }, { "id": "nexus-sen-1-0034-1258452", "citation": "Res. 07422-2024 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inapplicability of Positive Silence in Legally Flawed Administrative Contract", "title_es": "Improcedencia del silencio positivo en contrato administrativo viciado de ilegalidad", "summary_en": "The Contentious-Administrative and Civil Treasury Tribunal dismisses the claim of an architect seeking payment for professional services related to educational infrastructure design. The plaintiff argued that positive silence applied because the Dirección de Infraestructura y Equipamiento Educativo (DIEE) never responded to her request for invoice approval. The Tribunal finds that the parties bypassed administrative contracting procedures: originally a direct competitive procurement for minor works was transformed, without any new competitive process or formalities, into a demolition and construction project for an entirely new school, multiplying the professional fees. It concludes that no valid administrative contract existed, since the modification exceeded the legally permitted 50% and public bidding was omitted. Without a legally constituted contract, the positive silence under articles 330-331 of the General Public Administration Act and article 16 of the Administrative Contracting Act is inapplicable. The Tribunal upholds the absence-of-rights defense, denies the invoice payment and claimed damages, and orders the plaintiff to pay costs, emphasizing that the irregularity was co-participated by the contractor despite her verification duty.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1258452.json", "html_url": "/legal/doc/nexus-sen-1-0034-1258452", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1258452" }, { "id": "nexus-sen-1-0034-1258504", "citation": "Res. 07480-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INCOFER Liable for Omission Regarding Illegal Dumping from Railway Line", "title_es": "INCOFER responsable por omisión ante vertedero ilegal desde vía férrea", "summary_en": "The Administrative Court upholds the claim of [Nombre 002] S.A. against INCOFER for objective liability, due to its failure to prevent third parties from accessing the adjacent railway line and dumping waste onto the plaintiff's property. The Court finds the omission, damage and causal link proven, rejecting the defenses of lack of standing and lack of right. INCOFER is ordered in abstract to compensate damages, to be quantified in enforcement proceedings, and to implement a comprehensive plan to stop the dumping, with quarterly progress reports. The ruling relies on Article 50 of the Constitution, Article 190 of the General Public Administration Act, the General Health Law and the Integral Waste Management Law, emphasizing every public entity's duty to ensure a healthy environment.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "25/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1258504.json", "html_url": "/legal/doc/nexus-sen-1-0034-1258504", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1258504" }, { "id": "nexus-sen-1-0034-1258537", "citation": "Res. 07535-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipal duty to correct polluting private properties", "title_es": "Deber municipal de corregir inmuebles privados contaminantes", "summary_en": "The Administrative Contentious Court annulled the Curridabat Mayor's Office resolution that had dismissed an administrative complaint by the Vía Cipreses Condominium regarding wastewater pollution. The court found that the Municipality had been inconsistent, first claiming it had referred the matter to the Ministry of Health and later stating no such referral occurred. Substantively, it held that local governments have a constitutional and legal duty to oversee urban development and guarantee a healthy environment, including the power to require private owners to correct works that cause unsanitary, unsafe, or nuisance conditions. It analyzed Articles 14, 17, 33, 87, 88, 89, and 95 of the Construction Law, which empower the Municipality to inspect, order modifications, impose sanctions, and even carry out the works directly at the owner's expense. The court concluded that municipal jurisdiction over urban planning and environmental protection is autonomous and does not depend on the Ministry of Health's intervention, ordering the Municipality to resolve the complaint with proper reasoning.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779" ], "date": "28/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1258537.json", "html_url": "/legal/doc/nexus-sen-1-0034-1258537", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1258537" }, { "id": "nexus-sen-1-0034-1259380", "citation": "Res. 01785-2024 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Upheld conviction for aggravated fraud and instrumental falsehood regarding INDER lands", "title_es": "Confirmación de condena por estafa mayor y falsedad instrumental sobre tierras del INDER", "summary_en": "The Court of Criminal Appeals upheld the aggravated fraud conviction of an individual who, using a false notarial certification and a non-existent possessory information proceeding, managed to register over 106 hectares of land in the Golfo Dulce Forest Reserve, owned by INDER, in his name. The defendant, who had previously failed to obtain title to the same land through administrative channels, exploited a fictitious agrarian court proceeding to create a registered estate, which he then donated to a third party to give an appearance of legality. The lower court's judgment, besides imposing a three-year prison sentence with conditional execution, declared the instrumental falsehood of the notarial documents, the cadastral map, and ordered the cancellation of the fraudulent registrations. The appellate court dismissed the defense's claims regarding lack of criminal intent, quantification of damage, third-party participation, and the timeliness of the civil action for damages, holding that the defendant acted with full knowledge of the illegitimacy of his actions and that the environmental damage caused is inestimable.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "property-and-titling" ], "date": "21/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1259380.json", "html_url": "/legal/doc/nexus-sen-1-0034-1259380", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1259380" }, { "id": "nexus-sen-1-0034-1261713", "citation": "Res. 00973-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory rights and improvements on banana plantation housing", "title_es": "Derecho de posesión y mejoras en vivienda de finca bananera", "summary_en": "The Agrarian Tribunal upholds the lower court's ruling dismissing the ordinary proceeding filed by Federico Castillo Jiménez against Corporación Bananera Nacional S.A. (CORBANA). The plaintiff claimed superior possessory rights over a roughly 200 m² plot and a dwelling within CORBANA's registered property, plus compensation for improvements such as cleaning, maintenance, and crops. The Tribunal found no standing to sue or be sued: the plaintiff lacked intent to own (animus domini), occupying the property through mere tolerance as a former employee of the lessee (Corporación Agrícola del Monte), and his activities did not constitute agrarian possessory acts. Perishable crops and basic maintenance did not qualify as compensable improvements under agrarian case law. The Tribunal also upheld the award of costs against the plaintiff for bad-faith litigation, given the clear lack of right. The decision reiterates that a publiciana action (better right of possession) only lies between possessors, not against the registered owner, and that acts of mere tolerance do not create legitimate possession.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "08/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1261713.json", "html_url": "/legal/doc/nexus-sen-1-0034-1261713", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1261713" }, { "id": "nexus-sen-1-0034-1261715", "citation": "Res. 00975-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precarious Possession on Banana Farm Does Not Generate Right to Improvements", "title_es": "Posesión precaria en finca bananera no genera derecho a mejoras", "summary_en": "The Agrarian Tribunal affirms the lower court's dismissal of the ordinary lawsuit filed by Ermelindo Morales Pedro against Corporación Bananera Nacional S.A. (CORBANA). The plaintiff, a former worker of a lessee company (Corporación Agrícola del Monte), occupied a dwelling and a small lot within a banana plantation farm of over 500 hectares. The Tribunal holds that the plaintiff never possessed with intent to own; his occupation was merely tolerated because the dwelling was lent to him as a worker. It finds a lack of active and passive standing: a claim for better possessory right only lies between possessors, not against the registered owner. Moreover, the alleged maintenance and short-cycle crops do not qualify as agrarian improvements that enhance the farm's productive capacity. The award of costs against the plaintiff is upheld due to lack of good faith in suing without right.", "primary_topic_id": "_off-topic", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "08/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1261715.json", "html_url": "/legal/doc/nexus-sen-1-0034-1261715", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1261715" }, { "id": "nexus-sen-1-0034-1261728", "citation": "Res. 00988-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Monitory proceeding and arbitration clause in agrarian lease contract", "title_es": "Proceso monitorio y cláusula arbitral en contrato de arrendamiento agrario", "summary_en": "The Agrarian Court heard an appeal against a judgment that upheld an arbitration agreement exception filed by the defendant in a monitory proceeding for unpaid rent and alleged environmental damages under an agrarian lease contract. The plaintiff argued that the contract had expired, was breached, and that the exception was time-barred. The Court confirmed the lower court's decision, holding that the arbitration clause was valid, in force when the dispute arose, and timely raised by the defendant. It distinguished between the exceptions of lack of jurisdiction and arbitration agreement, emphasizing that the latter is a substantive defense that must be decided at first instance. The Court ruled that the parties must resort to arbitration as agreed, leading to the closure of the judicial file.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1261728.json", "html_url": "/legal/doc/nexus-sen-1-0034-1261728", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1261728" }, { "id": "nexus-sen-1-0034-1261735", "citation": "Res. 00995-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precarious occupancy of housing on banana plantation generates no right to claim improvements", "title_es": "Posesión precaria de vivienda en finca bananera no genera derecho a mejoras", "summary_en": "The Agrarian Court upholds the lower court decision dismissing the claim of Hemenegildo Jiménez Jiménez against Corporación Bananera Nacional (CORBANA). The plaintiff, a former worker of the estate's tenant, occupied a house lent free of charge. He sought recognition of a good-faith possessory right over a 200 m² area and payment for useful and necessary improvements. The Court held that the plaintiff did not possess with 'animus domini' (intent to own), but rather as a precarious occupant or mere holder by tolerance, having entered the property by virtue of his employment and the housing loan. Mere occupation and maintenance work or subsistence crops do not constitute agrarian possessory acts giving rise to a possessory right enforceable against the registered owner. The Court also found lack of active and passive standing: the plaintiff is not a legitimate possessor, and the action was filed directly against the registered owner without a possessory conflict between co-possessors. The alleged improvements were not proven as compensable agrarian improvements under the Civil Code. The Court imposes costs on the plaintiff for failing to litigate in good faith, as he sought rights over property he knew was not his and was occupied precariously.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "12/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1261735.json", "html_url": "/legal/doc/nexus-sen-1-0034-1261735", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1261735" }, { "id": "nexus-sen-1-0034-1261739", "citation": "Res. 00999-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian Jurisdiction Over Properties in Maritime-Terrestrial Zone", "title_es": "Competencia agraria sobre bienes en zona marítimo terrestre", "summary_en": "The Agrarian Tribunal resolves a jurisdictional conflict raised by the Agrarian Court of Puntarenas, which declined to hear an ordinary proceeding on the grounds that the disputed property is located in the maritime-terrestrial zone and is intended for construction, not agricultural activity. The Tribunal analyzes agrarian jurisdiction over public domain property, interpreting articles 1, 2 and 22 of the Agrarian Jurisdiction Law, article 108 of the Biodiversity Law, articles 106.2 and 106.3 of the Civil Procedure Code, and article 49 of the Constitution. It concludes that the administrative-contentious jurisdiction does not have exclusivity over disputes involving public domain assets, provided the administrative function of the State is not challenged. In the specific case, it determines that the dispute concerns agrarian real rights over a property registered in the name of a private individual, with fruit tree crops and subsistence livestock activity, even though it lies within the public mangrove zone. Consequently, it rejects the declination and orders the lower court to continue hearing the matter.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "12/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1261739.json", "html_url": "/legal/doc/nexus-sen-1-0034-1261739", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1261739" }, { "id": "nexus-sen-1-0034-1261767", "citation": "Res. 01027-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction for tree removal for municipal community project", "title_es": "Competencia para derribo de árboles por proyecto comunal municipal", "summary_en": "The Agrarian Tribunal of Costa Rica resolved a jurisdictional conflict arising from a petition by the Municipality of Dota to fell six trees on its own property, where municipal training classrooms were to be built. The case was filed as a summary proceeding for tree removal (interdicto de derribo) without a named defendant. The Tribunal held that, although trees are natural resources protected by the Biodiversity Law, the matter did not fall under agrarian jurisdiction. The ruling reasoned that the municipality was exercising a public function and the project was communal in nature, which falls within the jurisdiction of the administrative courts under Article 108 of the Biodiversity Law and Articles 1 and 2 of the Administrative Procedure Code. The Tribunal upheld the lower agrarian court's abstention and ordered the file be transferred to the Administrative Court.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "24/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1261767.json", "html_url": "/legal/doc/nexus-sen-1-0034-1261767", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1261767" }, { "id": "nexus-sen-1-0034-1264934", "citation": "Res. 01904-2024 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "PGR Required as Party for Probation Suspension in Environmental Cases", "title_es": "PGR parte necesaria en suspensión del proceso a prueba por delito ambiental", "summary_en": "The Criminal Appeals Tribunal of the Second Judicial Circuit of San José overturned a definitive dismissal ruling in a case concerning the illegal trafficking of sea turtles. The lower court had approved a suspension of the criminal procedure on probation without summoning or considering the input of the Attorney General’s Office (PGR), which had appeared as a party in the case. The Appeals Tribunal held that the PGR, as the State’s legal representative in environmental matters and as the victim in crimes affecting diffuse interests, must be summoned to the hearing and must consent to the alternative resolution, in accordance with Articles 25 and 70 of the Criminal Procedure Code, the PGR’s Organic Law, and Article 16 of the CPP. Excluding the PGR constituted a procedural defect that rendered the homologation ineffective, and consequently nullified the dismissal judgment that relied on that invalid act. The case was remanded to the lower court to cure the procedural defects.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "13/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1264934.json", "html_url": "/legal/doc/nexus-sen-1-0034-1264934", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1264934" }, { "id": "nexus-sen-1-0034-1266213", "citation": "Res. 08740-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary measure denied in indigenous land dispute", "title_es": "Medida cautelar denegada en disputa territorial indígena", "summary_en": "The Administrative Court denies a precautionary measure filed by an individual claiming possession in good faith over a property located in Palmital de Salitre, Buenos Aires, Puntarenas. The plaintiff sought an order compelling the defendants—the Asociación de Desarrollo Integral de la Reserva Indígena de Salitre, INDER, CONAI, and the State—to refrain from disturbing his possession. The court examined the requirements under the Administrative Contentious Procedure Code (Arts. 21 and 22) and found that, although the appearance of good right (fumus boni iuris) was established, the plaintiff failed to prove danger in delay (periculum in mora) by not demonstrating a serious, current, or potential harm with adequate evidence. Since not all prerequisites were met simultaneously, the measure is denied without special costs, leaving the substantive issues for the main proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "25/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1266213.json", "html_url": "/legal/doc/nexus-sen-1-0034-1266213", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1266213" }, { "id": "nexus-sen-1-0034-1266214", "citation": "Res. 08741-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary suspension of livestock in Salitre indigenous territory", "title_es": "Suspensión cautelar de ganadería en territorio indígena Salitre", "summary_en": "The Administrative-Contentious Court resolved an anticipatory precautionary measure requested by Samuel Delgado Rojas against the State, the Integral Development Association of the Salitre Indigenous Reserve, INDER, CONAI, and two individuals. The petitioner claimed that after being dispossessed of a property located in Palmital de Salitre, Buenos Aires, Puntarenas, the defendants were conducting livestock activities (cattle and horses) that caused soil degradation, biodiversity loss, and habitat disturbance, infringing indigenous and environmental rights. The Court examined the requirements: fumus boni iuris was satisfied as the claim was serious and the defendants agreed; periculum in mora was found due to actual and potential environmental harm and the special protection owed to indigenous lands under Article 50 of the Constitution and ILO Convention 169. The balancing of interests favored environmental and indigenous protection over private interests. Therefore, the precautionary measure was granted, ordering the total suspension of all livestock activity within 15 calendar days, with no special award of costs.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "25/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1266214.json", "html_url": "/legal/doc/nexus-sen-1-0034-1266214", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1266214" }, { "id": "nexus-sen-1-0034-1266218", "citation": "Res. 08747-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Liability of senior official who approves a CGR request despite knowing technical deficiencies", "title_es": "Responsabilidad del jerarca que aprueba solicitud a la CGR pese a conocer deficiencias técnicas", "summary_en": "The Administrative Court fully denies the claim of Carlos Segnini Villalobos against the Comptroller General of the Republic, the State, and ICE. The plaintiff, former Minister of MOPT and president of CONAVI, challenged the two-year debarment sanction imposed by the CGR after finding that, as a member of CONAVI's Board, he approved a request to the CGR for direct contracting of the design and construction of national road 257 (access to the Moín Container Terminal), knowing that the proposal did not guarantee the connection to the terminal due to an 80-meter offset and environmental feasibility limitations. The court upholds the CGR's action, finds gross negligence by the plaintiff, and dismisses all annulment and compensation claims.", "primary_topic_id": null, "topic_ids": [], "date": "25/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1266218.json", "html_url": "/legal/doc/nexus-sen-1-0034-1266218", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1266218" }, { "id": "nexus-sen-1-0034-1266257", "citation": "Res. 08901-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Subdivision without municipal approval is not urbanization", "title_es": "Fraccionamiento sin visado municipal no es urbanización", "summary_en": "The Specific Development Association Pro-Obras de Puente Salas de Barva de Heredia filed a lawsuit seeking the nullity of the municipal approval (“visto bueno únicamente para efectos catastrales”) granted to 276 subdivision plans by the company Ganadera ARIAMO del Monte S.A., as well as the nullity of the resulting property registrations. The Association argued that the project was actually an urbanization with environmental and urban planning implications. The Administrative Contentious Court dismissed the claim due to lack of active standing. It held that under the Community Development Law (Ley 3859), development associations have a specific territorial scope and purposes defined in their constitutive charter. The plaintiff failed to prove that the subdivided lots fell within its territorial boundaries or that filing lawsuits was among its statutory objectives. It also did not demonstrate it was acting to protect diffuse interests or on behalf of a member. Lacking standing, the court did not analyze the merits, including alleged violations of the Urban Planning Law or the Subdivision Regulation.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "28/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1266257.json", "html_url": "/legal/doc/nexus-sen-1-0034-1266257", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1266257" }, { "id": "nexus-sen-1-0034-1266313", "citation": "Res. 09387-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of property titles in the maritime-terrestrial zone due to lack of prior just title", "title_es": "Anulación de títulos de propiedad en zona marítimo terrestre por carecer de justo título previo", "summary_en": "The Administrative Contentious and Civil Treasury Court upheld the State's claim against Limbo del Sol S.A., annulling property registration 7-23356-000 and its segregations 7-26695-000 and 7-26697-000, as well as cadastral plans L-485774-1982, L-485773-1982, and L-485776-1982. It found that the properties lie entirely within the maritime-terrestrial zone, which is inalienable and imprescriptible public domain. The original title arose from possessory proceedings approved in 1980, based on possession starting in 1976, long after the public domain designation dating to 1828. The Court rejected the defendant's arguments regarding registry validity, good faith, and legitimate expectations, holding that the public domain regime prevails over registration principles and that registration does not cure absolute nullity. Limbo del Sol S.A.'s counterclaim was dismissed in its entirety, including the subsidiary claim for State liability indemnification, as there was no unlawful injury that a private party must not bear. Both parties were exempted from costs due to sufficient reason to litigate.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "11/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1266313.json", "html_url": "/legal/doc/nexus-sen-1-0034-1266313", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1266313" }, { "id": "nexus-sen-1-0034-1267092", "citation": "Res. 01046-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction for tree-felling injunction on public road", "title_es": "Competencia en interdicto de derribo de árboles en calle pública", "summary_en": "The Agrarian Court resolves a jurisdictional conflict regarding a summary tree-felling injunction filed by Sandra Rivas Carrillo against the Ministry of Public Works and Transport. The plaintiff sought the removal of several Guanacaste and Guácimo trees located on National Route 917, alleging danger to passersby and schoolchildren due to their poor phytosanitary condition. The Agrarian Court had declined jurisdiction because the defendant is a public entity. The Court analyzes Article 108 of the Biodiversity Law, which grants jurisdiction to agrarian courts in disputes between private parties over natural resources, but excludes cases involving an administrative act or public domain. Since the trees are on a public road managed by the Ministry, the Court finds that the case falls under the administrative contentious jurisdiction, per Articles 1 and 2 of the Contentious Administrative Procedure Code. Accordingly, it upholds the declination of jurisdiction and transfers the file to the Administrative and Treasury Court of San José.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "biodiversity-law-7788", "procedural-environmental" ], "date": "08/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1267092.json", "html_url": "/legal/doc/nexus-sen-1-0034-1267092", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1267092" }, { "id": "nexus-sen-1-0034-1267093", "citation": "Res. 01047-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of judgment for evidentiary omission concerning damages to boundary and slope between neighboring properties", "title_es": "Anulación de sentencia por preterición probatoria sobre daños a lindero y talud en colindancia", "summary_en": "The Agrarian Tribunal reviewed an appeal against a judgment dismissing a claim filed by Jeanina García Ureña against Bladimir Arroyo Rojas and Inmobiliaria Arroyo y Blanco S.A. The plaintiff sought restoration of the northern boundary of her property and compensation for damages caused by earthworks that allegedly removed a slope, affecting land stability, scenic beauty, and environmental conservation. The lower court upheld the defenses of lack of passive standing and lack of right, and exempted the plaintiff from costs. On appeal, the plaintiff challenged the omission of essential evidence, including her unanswered interrogatory, the municipal inspection findings, and the consideration of subsidiary claims. The Tribunal found that the trial judgment failed to analyze the plaintiff’s interrogatory and the consequences of the defendant’s absence, as well as documentary evidence about the municipal notice for unpermitted excavations. It held this omission violated due process and the right to defense, annulled the judgment, and instructed the lower court to rule on the case amount and render a new decision with a comprehensive evidentiary assessment under Article 54 of the Agrarian Jurisdiction Law. The defendant also appealed regarding cost exemption and uncertainty of the amount in dispute, issues to be resolved in the new judgment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1267093.json", "html_url": "/legal/doc/nexus-sen-1-0034-1267093", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1267093" }, { "id": "nexus-sen-1-0034-1267102", "citation": "Res. 01056-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian Court Declares Lack of Jurisdiction over SINAC Order in Tortuguero National Park", "title_es": "Incompetencia agraria para suspender orden de SINAC en Parque Nacional Tortuguero", "summary_en": "The Agrarian Court of the Second Judicial Circuit of San José, in a majority vote within an early evidence proceeding, declares its lack of subject-matter jurisdiction to hear the appeal against a lower court's denial of a preliminary injunction. The applicant, who claims long-standing possession of land within Tortuguero National Park, sought to suspend an administrative order from SINAC requiring her to cease agricultural activities, coconut extraction, and livestock grazing. The Court holds that the core issue is not the protection of agrarian activity or possession, but the challenge to an administrative act issued by SINAC in its capacity as the environmental authority managing a protected wild area. Based on Articles 1 and 2 of the Agrarian Jurisdiction Law and Article 10 of the Contentious-Administrative Procedure Code, it finds that the contentious-administrative courts have exclusive jurisdiction over disputes concerning the legality, motivation, and purpose of administrative actions. Accordingly, it remits the case to the Contentious-Administrative and Civil Treasury Court for resolution.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "12/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1267102.json", "html_url": "/legal/doc/nexus-sen-1-0034-1267102", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1267102" }, { "id": "nexus-sen-1-0034-1267148", "citation": "Res. 01103-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory titling in Barra del Colorado Refuge with private wetlands", "title_es": "Titulación posesoria en Refugio Barra del Colorado con humedales privados", "summary_en": "The Agrarian Tribunal overturns the lower court's denial of a possessory information proceeding for a 30-hectare property in La Pajarera, Pococí, Limón, located within the Barra del Colorado National Wildlife Refuge. The applicant, Araya y Jiménez S.A., proved decennial possession predating the refuge's creation in 1985, exercised by predecessors since the 1970s through agricultural activities. The Tribunal considers a photo-interpretation study showing a 56.22% reduction in forest cover by 1985, followed by an increase to 13.32% since 2010, reflecting ecological recovery efforts including water buffalo ranching and living fences. Regarding on-site wetlands, the Tribunal reaffirms settled doctrine: undeclared wetlands on private land are of public interest and subject to protection restrictions, but do not belong to the public domain nor require exclusion from the survey plan. The court orders registration of the property subject to legal restrictions under the Water Law (Arts. 72 and 73) and the Forestry Law (Arts. 13, 14 and 33).", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "wildlife-law-7317" ], "date": "18/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1267148.json", "html_url": "/legal/doc/nexus-sen-1-0034-1267148", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1267148" }, { "id": "nexus-sen-1-0034-1267898", "citation": "Res. 01007-2024 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquittal of seafood transporter due to lack of intent and mistake of law", "title_es": "Absolución de transportista de mariscos por falta de dolo y error de prohibición", "summary_en": "The Criminal Appeals Court of the Third Judicial Circuit of Alajuela upholds the acquittal of a driver accused of illegal possession and transport of aquatic fauna products. The trial court acquitted the defendant under the principle of in dubio pro reo, finding no proof that he knew his conduct was illegal or that he had purchased or commercialized the fish. The prosecution's appeal alleged lack of reasoning, contradictions, and misapplication of the Fisheries and Aquaculture Law, but the appellate court rejects all grievances. It holds that the defendant was an employee of Sea Food Mandarín S.A., had no duty to know the transport permits required by INCOPESCA, and his actions lack criminal unlawfulness. Administrative responsibility falls on the company, not the driver. The court emphasizes that the absence of permits does not constitute a crime in this context, but an administrative infraction, and that no environmental harm attributable to the defendant was proven. The acquittal is confirmed, and the return of seized property and money is ordered.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "wildlife-law-7317" ], "date": "05/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1267898.json", "html_url": "/legal/doc/nexus-sen-1-0034-1267898", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1267898" }, { "id": "nexus-sen-1-0034-1267967", "citation": "Res. 00494-2024 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Prevalence of environmental interest confirms denial of interim measure", "title_es": "Prevalencia del interés ambiental confirma denegatoria de medida cautelar", "summary_en": "The Contentious Administrative Appeals Court, in a unanimous ruling, confirms the denial of an interim measure requested by FINCA ROSITA S.R.L. against the State and SINAC. The request sought to suspend allegedly environmentally harmful administrative actions. The court bases its decision on the prevalence of the public environmental interest over the applicant's private interest. It applies the principle of irreversibility of environmental damage, considering that granting the measure could cause harm to the ecosystem that is difficult or impossible to repair. The ruling highlights the precautionary nature of the proceedings and the need to weigh conflicting interests, giving priority to environmental and natural resource protection, in accordance with Costa Rican environmental law principles and Article 50 of the Constitution.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1267967.json", "html_url": "/legal/doc/nexus-sen-1-0034-1267967", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1267967" }, { "id": "nexus-sen-1-0034-1268568", "citation": "Res. 01143-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of possessory interdict in water matters", "title_es": "Imposibilidad de interdicto posesorio en materia de aguas", "summary_en": "The Agrarian Tribunal rules that a possessory-interdict action is inadmissible when based on water-related works (tank, dredge, and piping of a spring). The court holds that Article 212 of the Water Law expressly bars the interdict route for disputes over the use of waters, springs, streams, and water easements, reserving only the ordinary declaratory route (administrative or judicial). Using Article 35.5.1 of the Civil Procedure Code applied supplementally, the claim is dismissed outright as manifestly contrary to law. The defendant’s objection of lack of subject-matter jurisdiction is rejected; the issue is one of inadmissibility, not jurisdiction. A dissenting vote argues that the dispute arises from a public-domain concession and should be remitted to the contentious-administrative jurisdiction.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "02/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1268568.json", "html_url": "/legal/doc/nexus-sen-1-0034-1268568", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1268568" }, { "id": "nexus-sen-1-0034-1268573", "citation": "Res. 01148-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Extension of Filing Deadline for Indigenous Defendant in Agrarian Proceeding", "title_es": "Ampliación de plazo para contestación indígena en proceso agrario", "summary_en": "The Agrarian Tribunal heard an appeal against the denial of a request to extend the time to respond to a complaint, filed by the public defender representing the Indigenous Court of Bribri Self-Governance, a defendant in an ordinary agrarian proceeding. The lower court had deemed the response untimely and declared the defendant in default. The Agrarian Tribunal reversed this decision, reasoning that, in light of the constitutional amendment to Article 1 recognizing Costa Rica as a multi-ethnic and multicultural state, as well as international instruments like the Brasilia Rules, ILO Convention 169, and the Escazú Agreement, Article 40 of the Agrarian Jurisdiction Law must be reinterpreted to ensure effective access to justice for indigenous communities in vulnerable conditions. It ordered that the response be accepted as timely filed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1268573.json", "html_url": "/legal/doc/nexus-sen-1-0034-1268573", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1268573" }, { "id": "nexus-sen-1-0034-1268597", "citation": "Res. 01172-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Requirements for possessory information proceeding on forested land", "title_es": "Requisitos para información posesoria sobre terreno con bosque", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding for a 14.5-hectare property in Turrialba, covered by primary forest and a forestry plantation. The Attorney General's Office appealed, arguing the land belongs to the State's natural heritage and cannot be privately possessed. The Tribunal dismisses the appeal, holding that the Possessory Information Law, as amended by the Forestry Law, allows titling of forested land outside protected wild areas if ecological possession is proven for over ten years, including possession transmitted from prior holders. The applicant demonstrated decade-long possession, forest conservation, and compliant land use per an INTA certification and witness testimony. The Tribunal reaffirms Constitutional Chamber doctrine: possession capable of adverse possession on forested land must predate any protected area designation, and the restrictive interpretation requiring personal possession was declared unconstitutional.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "16/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1268597.json", "html_url": "/legal/doc/nexus-sen-1-0034-1268597", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1268597" }, { "id": "nexus-sen-1-0034-1268611", "citation": "Res. 01186-2024 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Special Agrarian Usucapion Based on State of Necessity", "title_es": "Usucapión especial agraria por estado de necesidad", "summary_en": "The Agrarian Court overturns the lower court's ruling and grants the special agrarian usucapion claim filed by María Victoria Dávila Jarquín. The plaintiff, an elderly Nicaraguan woman in a vulnerable situation, entered a plot in Matina, Limón, in 2006 out of a state of necessity, building a shack and engaging in subsistence farming. The court finds that testimonial evidence and a judicial inspection prove entry by necessity and agrarian possession for over thirteen years, satisfying the requirements of Articles 92 and 101 of the Land and Colonization Law. It orders registration of the possessed portion as an independent parcel, with costs imposed on the defendant. The ruling stresses that an administrative declaration by INDER is not required to prove the state of necessity, and that special usucapion does not require good faith or a title of transfer, which are replaced by alimentary necessity and family agrarian work.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "16/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1268611.json", "html_url": "/legal/doc/nexus-sen-1-0034-1268611", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1268611" }, { "id": "nexus-sen-1-0034-1268665", "citation": "Res. 01970-2024 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Validity of Joint USCG Patrols in International Waters", "title_es": "Validez del patrullaje de guardacostas estadounidenses en aguas internacionales", "summary_en": "This ruling by the Criminal Appeals Tribunal upholds the 8-year prison sentence of three Costa Rican nationals for international drug trafficking. The court validates the actions of the U.S. Coast Guard under the Bilateral Joint Patrol Agreement (Law 7929), which authorizes the boarding and search of suspicious Costa Rican-flagged vessels beyond the territorial sea. It rejects claims of sovereignty violations, finding the vessel was intercepted in international waters. The decision examines the legality of the notitia criminis, the collection of evidence by foreign authorities, and the chain of custody of the seized cocaine. It holds that the evidence was lawfully obtained, that the defendants acted with intent (knowledge and will), and that the controlled sinking of the vessel for safety reasons does not affect the validity of the proceedings, applying the principle of freedom of proof.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1268665.json", "html_url": "/legal/doc/nexus-sen-1-0034-1268665", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1268665" }, { "id": "nexus-sen-1-0034-1268670", "citation": "Res. 01992-2024 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ideological Falsehood and Major Fraud: Ideal and Material Concurrence in Fraudulent Property Registration", "title_es": "Falsedad ideológica y estafa mayor: concurso ideal y material en inscripción fraudulenta de inmueble", "summary_en": "The Criminal Appeals Court confirms the conviction for ideological falsehood and major fraud against a defendant who, while possessing land owned by INDER, falsified a notarial certification to fraudulently register the property in his name and later donated part of it to his brother. The ruling examines the proper application of concurrence rules, distinguishing between ideal concurrence (falsehood and fraud to achieve registration) and material concurrence (the subsequent donation as a new falsehood). The court rejects the defense's claims of error of type, insufficient evidence, and incorrect concurrence classification, holding that circumstantial evidence—though individually ambiguous—when assessed as a whole under sound critical reasoning, establishes certainty as to authorship and intent. The decision reinforces the interpretation of unity of action based on the agent's purpose and normative disvalue, finding that the later donation breaks the unity of action with the prior offenses, thus justifying material concurrence.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1268670.json", "html_url": "/legal/doc/nexus-sen-1-0034-1268670", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1268670" }, { "id": "nexus-sen-1-0034-1268829", "citation": "Res. 00654-2024 Tribunal Segundo de Apelación Civil de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Confirmation of judgment due to deficient appeal in ordinary neighborhood dispute", "title_es": "Confirmación de sentencia por apelación deficiente en proceso ordinario de vecindad", "summary_en": "The Second Civil Appeals Court of San José upholds the lower court's judgment that partially granted an ordinary lawsuit over neighborhood disturbances. The plaintiff's succession appealed, arguing: (a) misapplication of Article 39 of the Civil Procedure Code regarding default; (b) denial of a judicial inspection; (c) failure to assess municipal documentary evidence; (d) death of a defendant who held usufruct; and (e) need to build a dividing wall. The court dismisses all grievances for lack of developed argument: the appellant did not explain how admitted evidence contradicted the unproven facts, did not timely challenge the evidentiary ruling, mentioned municipal documents generically without showing specific impact, and failed to identify prejudice from the death. It reiterates that a civil appeal is not a generic review but a mechanism to expose specific errors; insufficient argument prevents reversal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1268829.json", "html_url": "/legal/doc/nexus-sen-1-0034-1268829", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1268829" }, { "id": "nexus-sen-1-0034-1268957", "citation": "Res. 03471-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of construction permit for telecom tower due to lack of environmental viability", "title_es": "Denegatoria de permiso de construcción para torre de telecomunicaciones por falta de viabilidad ambiental", "summary_en": "The Administrative Litigation Court dismisses the nullity claim filed by Continental Towers Costa Rica S.R.L. against the Municipality of Desamparados. The company sought a construction permit for an already-built telecom tower, citing Article 93 of the Construction Law, which allows regularization of unlicensed construction. The Municipality denied the permit due to lack of environmental viability from SETENA, a requirement under the municipal regulation for telecom infrastructure. The Court finds no contradiction between the Construction Law and the municipal regulation; the latter complements the former by addressing novel matters. It holds that Article 93 does not exempt compliance with all requirements, including environmental viability. Notably, the company never even requested environmental clearance from SETENA for this case. The defense of lack of right is granted, and costs are imposed on the plaintiff.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "31/05/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1268957.json", "html_url": "/legal/doc/nexus-sen-1-0034-1268957", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1268957" }, { "id": "nexus-sen-1-0034-1269027", "citation": "Res. 07675-2024 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Double Titling by IDA Constitutes Compensable De Facto Expropriation", "title_es": "Doble titulación por el IDA constituye expropiación de hecho indemnizable", "summary_en": "The Fifth Section of the Contentious Administrative Tribunal reviewed Momo de Occidente S.A.'s claim against INDER, in which the company asserts its lawful ownership of property 22706-000 in Puntarenas, registered since 1976. Despite this registered title, the former ITCO (later IDA) acquired the Finca Colorado in 1980 and in 1991 subdivided parcels of the Gromaco settlement that overlapped with the plaintiff's land, resulting in double titling. The court finds that the plaintiff holds a legitimate and current property right, protected by Article 45 of the Constitution, and that INDER's actions in subdividing and allocating parcels on the same land without compensation constituted a forced de facto expropriation. It partially grants the claim, recognizes the plaintiff's title, and orders INDER to pay compensation for the land's value (to be determined in enforcement proceedings) and costs. It dismisses INDER's counterclaim and defenses of prescription and lack of right, holding that the state's error and double registration do not extinguish the registered owner's property right.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "30/10/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1269027.json", "html_url": "/legal/doc/nexus-sen-1-0034-1269027", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1269027" }, { "id": "nexus-sen-1-0034-1269219", "citation": "Res. 07922-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of interim measure for passage over children's play area", "title_es": "Rechazo de medida cautelar de paso sobre área de juegos infantiles", "summary_en": "The Administrative Litigation Tribunal denies the interim measure requested by ASADA La Cima and the La Cima Improvement Association against the Municipality of La Unión. The plaintiffs sought an order for the municipality to stop blocking access and clean up around ASADA's water intakes, alleging a violation of fundamental rights and a risk to public health. The court finds that the legal requirements are not met: the appearance of good right is negated because the Constitutional Chamber had already dismissed an amparo action on the same facts, holding that the properties are not landlocked and the blocked passage was a children's play area invaded without permits; the danger in delay is also not established, as the constitutional ruling disproves the alleged potential harm; and the balance of interests favors the protection of public domain assets over private interests. Consequently, the previously granted ultra-provisional measure is lifted.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1269219.json", "html_url": "/legal/doc/nexus-sen-1-0034-1269219", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1269219" }, { "id": "nexus-sen-1-0034-1269463", "citation": "Res. 08259-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of provisional remedy against pesticide registration decree", "title_es": "Rechazo de medida cautelar contra decreto de registro de plaguicidas", "summary_en": "The Administrative Court denies the provisional remedy requested by several agrochemical companies against executive decrees reforming the registration and renewal procedure for formulated synthetic pesticides for agricultural use. The plaintiffs alleged defects in the exercise of regulatory power, violation of the principle of normative hierarchy and prohibition of arbitrariness, and sought suspension of the decrees. The Court, after analyzing the requirements of fumus boni iuris and periculum in mora, concludes that while the action is not frivolous, the applicants failed to prove a grave, actual or potential damage, basing their claim on speculative scenarios. In balancing interests, the protection of health and the environment prevails over private economic interests. The provisional remedy is denied, without a special order on costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "13/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1269463.json", "html_url": "/legal/doc/nexus-sen-1-0034-1269463", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1269463" }, { "id": "nexus-sen-1-0034-1269552", "citation": "Res. 08290-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of permit for pumping station in Playa Blanca public zone", "title_es": "Rechazo de permiso para estación de bombeo en zona pública de Playa Blanca", "summary_en": "The Costa Rican Administrative and Civil Treasury Court hears the non-hierarchical appeal filed by the Altos de Leonamar Neighborhood Association against the Municipality of Garabito, which denied approval for the construction of a water pumping station in the public zone of Playa Blanca, within the maritime-terrestrial zone. The plaintiff argued that the project was exceptional under Article 18 of the Maritime-Terrestrial Zone Law and that it ensured the human right to water. The Court reviews the demanial nature of the maritime-terrestrial zone and its legal framework, emphasizing that the public zone is intended for free use, access, and transit, making any permit or concession null, except for exceptions with indispensable public purposes. It concludes that there is no technical evidence proving that the proposed location is the only means to supply water to the community, which already had water service, and that the project primarily benefited a private condominium, thus not fitting the legal exceptions. The appeal is dismissed, the municipal resolution is upheld, and the administrative route is deemed exhausted.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "14/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1269552.json", "html_url": "/legal/doc/nexus-sen-1-0034-1269552", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1269552" }, { "id": "nexus-sen-1-0034-1269612", "citation": "Res. 08381-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Order to join SINAC and State in precautionary measure for eviction in protected zone", "title_es": "Orden de integrar SINAC y Estado en medida cautelar por desalojo en zona de protección", "summary_en": "The Contentious-Administrative Tribunal hears a request for a suspensory precautionary measure filed by Geovanni Espinoza Cubillo and Jenny Cordero Varela against the Municipality of Heredia. The petitioners seek to halt an administrative eviction and demolition ordered by the municipality over 50.42 square meters it considers public domain, part of a protected zone. The petitioners claim ownership of the land, allege irregularities in the donation of the area to the municipality, and raise potential environmental harm from sewage diversion into the Aries creek, requesting intervention by SINAC and MINAE. The tribunal, on its own motion, finds a lack of necessary joinder of defendants because the petitioners’ claims include an order directed at SINAC and the State (MINAE) to verify the alleged environmental damage. Accordingly, it orders the joinder of the State (MINAE) and SINAC to the proceedings and requires the petitioners to provide copies of the file and an address for service on the new parties, under warning that no further motions will be entertained until compliance.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "15/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1269612.json", "html_url": "/legal/doc/nexus-sen-1-0034-1269612", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1269612" }, { "id": "nexus-sen-1-0034-1269700", "citation": "Res. 08493-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Joinder of necessary passive co-plaintiffs in public road recovery case", "title_es": "Integración de litis consorcio pasivo necesario para recuperación de calle pública", "summary_en": "The Administrative Trial Court declared ex officio the absence of necessary passive joinder in a lawsuit brought by the Asociación de la Protección Ambiental Valle Verde against the Municipality of La Unión. The association sought a declaration of the municipality’s liability for a public road invasion and the construction of pedestrian sidewalks. Evidence introduced later showed that INVERSIONES JUAN LEÓN claimed to own the affected land and accused the municipality of \"de facto expropriation.\" The judge found that the claims—recovering the land, removing structures, and building sidewalks—would affect that entity’s legal sphere, making it essential to join it as a defendant to safeguard due process and prevent defenselessness. The plaintiff was ordered to provide copies of the file and an address to notify the joined party.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1269700.json", "html_url": "/legal/doc/nexus-sen-1-0034-1269700", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1269700" }, { "id": "nexus-sen-1-0034-1269824", "citation": "Res. 08668-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of compensation for precautionary mining suspension in public watercourse", "title_es": "Improcedencia de indemnización por medida cautelar de suspensión minera en cauce de dominio público", "summary_en": "The Administrative Appeals Court dismisses the claim brought by mining concessionaire Quebradores de Ujarrás S.A. and a related company against the State. The plaintiffs sought to annul a three‑month precautionary suspension of mining activities imposed in 2021 by the Directorate of Geology and Mines over concession 8‑91, and claimed over two billion colones in lost profits. The Court holds that the precautionary measure was supported by expert geological reports documenting regressive and lateral erosion, stream‑bed incision, and fluvial disequilibrium in the Agua Caliente and Reventazón rivers. The measure was lawful under the precautionary principle and the state’s duty to protect the environment. Consequently, no unlawful administrative conduct was found, and the claim for damages is denied in its entirety.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "22/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1269824.json", "html_url": "/legal/doc/nexus-sen-1-0034-1269824", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1269824" }, { "id": "nexus-sen-1-0034-1269934", "citation": "Res. 08829-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of precautionary measure due to prevalence of environmental public interest", "title_es": "Denegatoria de medida cautelar por prevalencia del interés público ambiental", "summary_en": "The Administrative Litigation Court denies the precautionary measure requested by Parque Industrial Jateo S.A. against the Municipality of Mora, which sought to suspend the effects of the Municipal Regulation on Solid Waste Management and to obtain a stormwater drainage permit for a landfill project. The Court finds the measure lacks instrumentality and provisionality, as granting it would amount to prematurely deciding the merits. Additionally, the plaintiff failed to prove the danger in delay by not specifying or quantifying the alleged damages. In balancing interests, the Court applies the precautionary principle and in dubio pro natura, tilting the balance in favor of public interest, public health, and environmental protection, given the risk of irreversible environmental harm. It stresses that in case of doubt, environmental protection must prevail, leading to the denial of the precautionary measure in its entirety.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "26/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1269934.json", "html_url": "/legal/doc/nexus-sen-1-0034-1269934", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1269934" }, { "id": "nexus-sen-1-0034-1270003", "citation": "Res. 08964-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Veto of La Unión Municipal Council agreements on San Rafael quarry", "title_es": "Veto a acuerdos del Concejo Municipal de La Unión sobre Tajo San Rafael", "summary_en": "The Administrative and Civil Treasury Court declared inadmissible the veto filed by the Mayor of La Unión against Municipal Council Agreements 495 and 496. Agreement 495 was rejected for lack of substantiation. Agreement 496 approved the transcription of the specific agreement of the San Rafael District Council regarding the San Rafael quarry, ordered its referral to the Mayor's Office and the Internal Audit, and set a 10-business-day deadline for compliance. The Court held that Agreement 496 is an act of ratification and execution of a prior district council agreement, and therefore is not subject to veto under Article 169(f) of the Municipal Code. It did not address the Mayor's arguments about pending amparo and cassation appeals, as these fall outside the scope of veto legality review.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "29/11/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1270003.json", "html_url": "/legal/doc/nexus-sen-1-0034-1270003", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1270003" }, { "id": "nexus-sen-1-0034-1270292", "citation": "Res. 09425-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental Property Limitations Are Non-Compensable and Do Not Constitute Expropriation", "title_es": "Limitaciones ambientales a la propiedad no son indemnizables ni constituyen expropiación", "summary_en": "The Administrative Contentious Tribunal fully dismissed the lawsuit filed by the succession of a property owner and his spouse against the Municipality of Desamparados, INVU, SINAC, and the State. Plaintiffs claimed that defendants induced error when they acquired a lot in the Cerros de La Carpintera Protected Zone and invested in it, and that the subsequent application of Article 33 of the Forestry Law —upon identifying water sources and their protection areas— stripped them of the property’s value and their investment, causing material and moral damages. The Tribunal examined two liability theories: abnormal and normal administrative functioning. It found no administrative error: the 1997 approval, the land-use certificate, and prior construction permits were lawful, as the water sources were discovered later in 2019. Regarding liability for lawful conduct, it held that the water-source protection limits do not hollow out property rights because the land retains alternative uses (forestry, conservation, ecotourism) and residential use was not the dominant but only an accessory purpose. The ruling dismissed all claims, upheld the lack-of-right defense, and imposed costs on the plaintiffs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "12/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1270292.json", "html_url": "/legal/doc/nexus-sen-1-0034-1270292", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1270292" }, { "id": "nexus-sen-1-0034-1270672", "citation": "Res. 09639-2024 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Homologation of vehicle closure at Playa Conchal", "title_es": "Homologación de cierre vehicular en Playa Conchal", "summary_en": "The Administrative Appeals Court homologates the extrajudicial settlement between Desarrollos Hoteleros Guanacaste S.A. and the Municipality of Santa Cruz, with approval of the State, SINAC, ICT, and the Road Safety Council. The plaintiff sued over vehicle traffic on Conchal and Puerto Viejo beaches, alleging risk to life, environmental damage to the mangrove ecosystem within the Conchal Mixed National Wildlife Refuge, and violation of Article 50 of the Constitution. The 2021 precautionary measure ordered vehicle closure, which the Municipality maintained. The settlement commits the Municipality to keep the closure of motor vehicle access to the public maritime zone of Playa Conchal, including the stretch between Playa Real and Brasilito. Each party bears its own costs. The Court verifies the plaintiff's standing via popular action, the municipal jurisdiction over the maritime zone, and the prohibition under Article 133 of the Traffic Law, homologating the settlement as lawful.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/12/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-0034-1270672.json", "html_url": "/legal/doc/nexus-sen-1-0034-1270672", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1270672" }, { "id": "nexus-sen-1-0034-1270788", "citation": "Res. 00006-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lifting of interim measure in wildlife refuge due to lack of use permit", "title_es": "Levantamiento de medida cautelar en refugio de vida silvestre por falta de permiso de uso", "summary_en": "The Contentious-Administrative Court denies the precautionary measure requested by company 3-101-530680 S.A., which sought to suspend SINAC resolutions that had denied the removal of exotic vegetation (Jaragua grass and hicaco shrubs) on land located within the Preciosa-Platanares National Wildlife Refuge, and to authorize such cleanup with heavy machinery on their own. The court finds that the claimant lacks a fumus boni iuris because the use permits invoked (2017 resolutions) were conditional upon obtaining an environmental viability permit and submitting a specific project, requirements never fulfilled; moreover, those permits expired in 2022. It also fails to prove periculum in mora or serious damage, since the stoppage is precisely due to the lack of final authorization in a doubly-protected area (State Natural Heritage and Maritime Terrestrial Zone). Having failed the legal prerequisites, the previously granted interim injunction is lifted and the matter is resolved without a special ruling on costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "wildlife-law-7317" ], "date": "03/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1270788.json", "html_url": "/legal/doc/nexus-sen-1-0034-1270788", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1270788" }, { "id": "nexus-sen-1-0034-127366", "citation": "Res. 00896-2000 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Preterintentional homicide conviction overturned for lack of established initial intent and negligence", "title_es": "Improcedencia del homicidio preterintencional por falta de dolo inicial y culpa acreditada", "summary_en": "The Third Chamber of the Supreme Court annuls the conviction for preterintentional homicide against Ricardo Mayorga Umaña. The Chamber finds that the lower court failed to establish the essential elements of the crime: the initial intent to harm, the breach of duty of care, and the causal link between the accused's conduct and the death. The proven facts only describe a brief altercation in which the accused pushed the victim, who fell and hit his head on a stone, but the judgment does not analyze whether that push constituted a willful act aimed at causing injury, nor why death was a foreseeable result. Moreover, the judgment omits consideration of other injuries suffered by the victim and contradictory testimonies. Due to these deficiencies in factual and legal reasoning, the appeal is granted, the conviction and trial are annulled, and the case is remanded for a new trial.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/08/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0034-127366.json", "html_url": "/legal/doc/nexus-sen-1-0034-127366", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-127366" }, { "id": "nexus-sen-1-0034-1274158", "citation": "Res. 00017-2025 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquittal for Prevarication in the Crucitas Mining Project National Convenience Decree", "title_es": "Absolución por prevaricato en Decreto de Conveniencia Nacional del Proyecto Minero Crucitas", "summary_en": "The Criminal Sentence Appeals Court of the Second Judicial Circuit of San José upheld the acquittal of the former Minister of Environment and other defendants on charges of prevarication related to Executive Decree 34801-MINAE, which declared the Crucitas Mining Project of public interest and national convenience. The trial court acquitted after finding that the required intent (dolo) was not proven; the defendant signed the decree relying on legal and technical opinions from various administrative offices, and no evidence showed he acted with knowledge and will to issue a resolution contrary to law. The appellants (Prosecutor's Office and Attorney General's Office) argued errors in evidence assessment and arbitrary exclusion of witnesses deemed suspicious. The Appeals Court dismissed the appeals, endorsing the trial court's reasoning and finding no procedural violations, as the circumstantial evidence was insufficient to prove intent and the classification of suspicious witnesses complied with constitutional jurisprudence.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "08/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1274158.json", "html_url": "/legal/doc/nexus-sen-1-0034-1274158", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1274158" }, { "id": "nexus-sen-1-0034-1274184", "citation": "Res. 00047-2025 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquittal for doubt due to inconsistency in date of the act", "title_es": "Absolución por duda ante inconsistencia en fecha del hecho", "summary_en": "The Criminal Sentencing Appeals Court of the Second Judicial Circuit of San José annulled the acquittal issued by the Trial Court of the Atlantic Zone, which had acquitted two defendants of illegal logging in a protected area due to doubt, based on inconsistencies in the date of the events. The appeal was filed by the Attorney General's Office, arguing that the trial judge conducted a biased and insufficient analysis of the evidence, giving excessive weight to the discrepancy between the dates mentioned by the SINAC witness (August 20, 24, or 25, 2020) and the date stated in the accusation, without considering the context of material error and the passage of time. The Appeals Court found that the judgment lacked adequate reasoning, violated the rules of sound criticism, and did not evaluate other evidence or the defense strategy. Consequently, it upheld the appeal, annulled the judgment and the trial, and ordered a retrial before a different panel.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "14/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1274184.json", "html_url": "/legal/doc/nexus-sen-1-0034-1274184", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1274184" }, { "id": "nexus-sen-1-0034-1275051", "citation": "Res. 00036-2025 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of expiration in environmental proceeding due to consented resolution", "title_es": "Anulación de caducidad declarada en proceso ambiental por resolución consentida", "summary_en": "The Contentious-Administrative and Civil Tax Appeals Court annuls two decisions of the lower court in a declaratory proceeding brought by Manizales J Cinco S.A. against the Municipality of Garabito, INVU, the State, SETENA, and Soluciones Integrales en Seguridad SIS S.A. The first decision had declared the contentious-administrative proceeding expired; the second denied a motion for clarification and expansion. The Appeals Court finds that the expiration was incorrectly decreed because the plaintiff had already consented to a prior resolution that reactivated the proceeding, creating res judicata on that point. Consequently, it annuls both decisions and orders the lower court to continue processing the main case. Although the case involves the National Environmental Technical Secretariat (SETENA) and likely concerns environmental matters (given the type of claims against the municipality and state entities in a highly environmentally complex area like Garabito), the appeal is resolved exclusively on procedural issues of expiration and res judicata.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "27/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1275051.json", "html_url": "/legal/doc/nexus-sen-1-0034-1275051", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1275051" }, { "id": "nexus-sen-1-0034-1275767", "citation": "Res. 00021-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling Within a Protected Zone: Ten-Year Ecological Possession", "title_es": "Titulación dentro de Zona Protectora: posesión ecológica decenal", "summary_en": "The Agrarian Tribunal confirms the registration of a possessory information proceeding over a property partially located within the Nicoya Peninsula Protected Zone. The applicants proved public, peaceful, and continuous possession since before 1984, satisfying Article 7 of the Possessory Information Law. The Tribunal rejects the State's appeal, which argued a lack of proof of ecological possession. It analyzes testimonial evidence, judicial inspection, and a soil use study, concluding that the land use —originally pasture and later natural regeneration with scrub vegetation— respects natural resources. It notes that no damage to soil, water, or logging was proven, and that restrictions in a protected zone do not wholly exclude human activity, provided it conforms to the management plan and technical recommendations. The ruling applies environmental law principles, particularly the scientific-technical criterion.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "16/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1275767.json", "html_url": "/legal/doc/nexus-sen-1-0034-1275767", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1275767" }, { "id": "nexus-sen-1-0034-1275796", "citation": "Res. 00052-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Use of timber from felled trees in a protection zone within private property", "title_es": "Aprovechamiento de madera de árboles talados en área de protección dentro de propiedad privada", "summary_en": "The Agrarian Tribunal heard a summary tree-felling proceeding in which the plaintiff sought authorization to cut down two trees (espavel and alcornoque) located within the protection zone of a stream on her property, due to safety concerns. The lower court authorized the felling of three trees (espavel, melina, and ojoche) based on a MINAE report, but ordered the timber donated to the local school board, denying the owner its use. On appeal, the Tribunal partially reversed the decision. It held that the trees, as accessories to the land, belong to the owner under Articles 505 and 506 of the Civil Code, and that the protection zone under Article 33 of the Forestry Law does not transfer ownership of forest resources to the State. It found that denying the owner's use without an underlying offense would constitute an unconstitutional confiscation. Therefore, it authorized the plaintiff to economically exploit the resulting timber without needing MINAE approval, except for any required transport permit.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "28/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1275796.json", "html_url": "/legal/doc/nexus-sen-1-0034-1275796", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1275796" }, { "id": "nexus-sen-1-0034-1275797", "citation": "Res. 00053-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over tree removal in a municipal protection zone", "title_es": "Competencia agraria en derribo de árboles en zona de protección municipal", "summary_en": "The Agrarian Tribunal, by majority vote, overrules the lower Agrarian Court of Cartago's decision to decline jurisdiction because the land belongs to the municipality. The plaintiff seeks removal of ten trees in the Norberta creek protection zone, alleging danger. The Tribunal holds that trees are natural resources governed by the Biodiversity Law. Article 108 of that law assigns jurisdiction over private-party controversies regarding biodiversity (where no administrative act or public domain is at issue) to agrarian courts. The public environmental interest criterion under Article 11 reinforces this material jurisdiction. The mere fact that the defendant is a municipality does not automatically transfer the case to the administrative courts, since Article 22 of the Agrarian Jurisdiction Law allows public entities to be parties in agrarian proceedings. The case (file 24-000172-0699-AG) is remanded for continued proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "biodiversity-law-7788", "procedural-environmental" ], "date": "28/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1275797.json", "html_url": "/legal/doc/nexus-sen-1-0034-1275797", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1275797" }, { "id": "nexus-sen-1-0034-1275804", "citation": "Res. 00060-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ten-year possession in a protected zone allowed if ecological possession and possessory chain are proven", "title_es": "Posesión decenal en zona protectora procede si se acredita posesión ecológica y cadena posesoria", "summary_en": "The Agrarian Court upheld the approval of a possessory information proceeding over a 1,986 m² property within the Río Navarro-Río Sombrero Protected Zone (established in 1984). The applicant proved ten-year possession prior to the zone’s creation through witness testimony, showing a possessory chain dating to at least 1973, with conservation activities and no change in land use. The court rejected the state’s arguments, holding that the presence of houses, an orchard with fruit trees, and small-scale crops did not harm natural resources, as forest cover increased between 1974 and 1992 and there was no logging or intervention in the bordering stream. It concluded that the possession respected the protected zone’s purposes and that the compliant land use, supported by a technical study, did not contradict the ecological possession required by Article 7 of the Possessory Information Law. The decision integrates principles of sustainable development and the compatibility of low-impact human activities with protected area management categories, citing constitutional case law recognizing the right to use property according to a management plan.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "28/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1275804.json", "html_url": "/legal/doc/nexus-sen-1-0034-1275804", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1275804" }, { "id": "nexus-sen-1-0034-1275959", "citation": "Res. 00045-2025 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquittal for usurpation and damage to Térraba archaeological monument", "title_es": "Absolución por usurpación y daño a monumento arqueológico Térraba", "summary_en": "The Cartago Criminal Appeals Court upheld the acquittal of two defendants charged with usurpation and violation of the National Archaeological Heritage Law to the detriment of the Térraba indigenous territory. The trial court acquitted because the clandestine nature of the disturbance of possession was not proven; the female defendant had lived there for 50 years, and the operator merely followed orders. Regarding the archaeological damage, it was concluded that an insurmountable mistake of fact existed, as it was not proven that they knew of the Crun Di monument before the archaeological survey conducted two days after the events. The appeals court validated the lower court's reasoning, emphasizing the absence of intent and the inability to prove the objective and subjective elements of the crimes. It also confirmed the dismissal of the civil claim for lack of causal link based on the alleged criminal offense.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703", "indigenous-law-6172" ], "date": "30/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1275959.json", "html_url": "/legal/doc/nexus-sen-1-0034-1275959", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1275959" }, { "id": "nexus-sen-1-0034-1277474", "citation": "Res. 00088-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Breach of Precautionary Measure on Mining Concession No. 7-2016", "title_es": "Incumplimiento de medida cautelar sobre Concesión Minera N° 7-2016", "summary_en": "The resolution addresses a request to declare non-compliance with a precautionary measure ordered by the Contentious-Administrative Appeals Court in case 21-007586-1027-CA. The measure required the Directorate of Geology and Mines to conduct inter-institutional inspections every four months at Mining Concession No. 7-2016 and submit reports. The plaintiff, Walter Brenes Soto, alleged that the directorate was negligent in its oversight duties, but his arguments did not aim to prove that the inspections were not being carried out or that the competent bodies were not participating. The Executing Judge denies the non-compliance request but orders that the report \"Extractive Strategies and Associated Risk\" regarding the concession be brought to the attention of the National Commission for Risk Prevention and Emergency Response and the National Environmental Technical Secretariat (SETENA), so they may act within their powers regarding possible environmental and structural damage.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1277474.json", "html_url": "/legal/doc/nexus-sen-1-0034-1277474", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1277474" }, { "id": "nexus-sen-1-0034-1277479", "citation": "Res. 00094-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Damages for Precautionary Suspension Based on In Dubio Pro Natura Principle", "title_es": "Improcedencia de indemnización por suspensión cautelar basada en principio in dubio pro natura", "summary_en": "The Administrative Appeals Court denies the damages claim brought by a real estate developer against the Municipality of Escazú. The plaintiff alleged that the municipality unlawfully halted his subdivision permit process by pointing to the possible existence of a water spring on his property and applying the precautionary principle in dubio pro natura, even though prior opinions from the Water Directorate (Dirección de Agua) had ruled out a watercourse. He argued that a municipal official inserted false information into public documents and that this caused economic harm by frustrating his development project. The court, however, finds the municipality's actions to be lawful. It stresses that the principle in dubio pro natura operates as a special precautionary principle that lowers the required threshold of damage severity. Given a neighbor's complaint, on-site inspections showing constant water, and the Water Directorate’s ambiguous stance (it acknowledged reasonable doubt and requested further studies), the precautionary suspension was reasonable, proportionate, and did not constitute falsification or jurisdictional overreach. The court concludes that there was no abnormal or unlawful administrative conduct giving rise to liability, dismisses the lawsuit, and orders the plaintiff to pay costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "10/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1277479.json", "html_url": "/legal/doc/nexus-sen-1-0034-1277479", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1277479" }, { "id": "nexus-sen-1-0034-1277520", "citation": "Res. 00160-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary measure for fill and securing works in Barranca River protection zone", "title_es": "Medida cautelar de relleno y aseguramiento en zona de protección del río Barranca", "summary_en": "Jungle Park Investments sought a precautionary measure against CONAVI and Puentes y Calzadas to carry out fill and securing works on its property, claiming that bridge rehabilitation works over the Barranca River caused damage. The property sits in the river's protection zone, lacked a construction permit, and had prior erosion. The court assessed the precautionary requirements: it found no fumus boni iuris since the building encroaches on public domain; it did find periculum in mora due to imminent risk; however, weighing interests, it held that granting the measure would perpetuate danger to occupants and contravene Article 50 of the Constitution and the Forestry Law, with public interest prevailing over private property. The measure was denied, without costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "13/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1277520.json", "html_url": "/legal/doc/nexus-sen-1-0034-1277520", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1277520" }, { "id": "nexus-sen-1-0034-1278551", "citation": "Res. 00067-2025 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Civil action dismissed where no criminal wrong proven for forest offense", "title_es": "Improcedencia de acción civil si no se acredita injusto penal en infracción forestal", "summary_en": "The Criminal Appeals Court of Guanacaste upholds the dismissal of a civil damages claim brought by the Attorney General’s Office against two defendants acquitted of illegal timber transport and acquisition. The trial court had rejected the civil action because no offense, quasi-offense, or even a criminal wrong (typical and unlawful conduct) was proved, given the seizure was deemed illegal due to lack of criminis noticia. The prosecution appealed, arguing insufficient reasoning, but the Appeals Court found the acquittal adequately explained: under Article 1045 of the Civil Code and national case law, civil liability requires at least an unjust criminal act. The decision reaffirms that a civil claim in criminal proceedings cannot succeed without proof of a typical and unlawful act, regardless of the acquittal’s grounds.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "17/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1278551.json", "html_url": "/legal/doc/nexus-sen-1-0034-1278551", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1278551" }, { "id": "nexus-sen-1-0034-1278637", "citation": "Res. 00071-2025 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Non-joinder of corporation in environmental proceeding", "title_es": "No integración de sociedad anónima a proceso ambiental", "summary_en": "The Asociación de la Protección Ambiental Valle Verde filed a declaratory proceeding against the Municipality of La Unión with several co-plaintiffs. In the course of proceedings, the lower court issued an order joining the corporation Inversiones Juan León as a party. The plaintiff appealed, arguing lack of connection with the case. The Appeals Court on Contentious-Administrative and Civil Treasury matters, by unanimous vote, granted the appeal, revoked the appealed order, and ordered that said corporation not be joined to the proceedings, directing the case to continue according to law. This is a procedural decision resolving an incident on standing and proper constitution of the parties in an environmental lawsuit. The merits of the environmental claim are not addressed; only the strictly procedural question of who should be a party is decided.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1278637.json", "html_url": "/legal/doc/nexus-sen-1-0034-1278637", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1278637" }, { "id": "nexus-sen-1-0034-1278642", "citation": "Res. 00080-2025 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Necessary passive joinder in environmental proceedings", "title_es": "Litisconsorcio pasivo necesario en proceso ambiental", "summary_en": "The Appellate Court for Administrative and Treasury Matters, First Section, hears an appeal by the plaintiff, Asociación de la Protección Ambiental Valle Verde, against a first-instance ruling that ordered the joinder of ASOMINAE as a necessary passive co-party. The court revokes the joinder, finding that ASOMINAE's presence is not essential to resolve the environmental dispute brought against state institutions and individuals. The decision rests on principles of procedural economy and the lack of an inseparable legal bond requiring its participation. The unanimous ruling denies the forced joinder, allowing the case to proceed without that party.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1278642.json", "html_url": "/legal/doc/nexus-sen-1-0034-1278642", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1278642" }, { "id": "nexus-sen-1-0034-1280289", "citation": "Res. 00979-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Construction Permit for Environmental Project Splitting", "title_es": "Rechazo de permiso de construcción por fraccionamiento de proyecto ambiental", "summary_en": "The Administrative Litigation Tribunal, acting as a non-hierarchical legality reviewer, hears the appeal filed by Fonseca Holdings S.A. against the Osa Municipal Mayor's resolution confirming the denial of a construction permit. The Municipality denied the permit on the grounds that the requested construction was part of a single project that had been split into individual applications which, when combined, exceeded 500 square meters, thereby avoiding the requirement to submit an Environmental Diagnostic Study (EDA) to SETENA, as mandated by Decree 31849-MINAE-S-MOPT-MAG-MEIC. The appellant argued that each permit was an independent procedure and that no prior infringement had been demonstrated. The Tribunal, weighing the right to property (ius aedificandi) against the right to a healthy environment, finds that the appellant's arguments are merely subjective and do not invalidate the municipal oversight authority regarding land-use planning and environmental protection, thus dismissing the appeal and upholding the challenged administrative act.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "subdivision-fraccionamiento", "procedural-environmental" ], "date": "07/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1280289.json", "html_url": "/legal/doc/nexus-sen-1-0034-1280289", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1280289" }, { "id": "nexus-sen-1-0034-1280415", "citation": "Res. 01123-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullification of land allocations in Osa Settlement due to overlap with Golfo Dulce Forest Reserve", "title_es": "Anulación de adjudicaciones parcelarias del Asentamiento Osa por superposición con Reserva Forestal Golfo Dulce", "summary_en": "The Administrative Contentious Court ruled in favor of the State against the Rural Development Institute (INDER) and individuals Víctor Arguijo Arguijo and María Cecilia Arroyo Acuña. After reviewing documentary evidence and a SINAC certification, it found that parcels 5-55, 5-56, and 5-57 of the Osa Settlement, located on property 39334 in Puntarenas and described in cadastral plans P-1061109-2006, P-1060475-2006, and P-1061111-2006, fall entirely within the Golfo Dulce Forest Reserve, established in 1978. Therefore, these lands are part of the State's Natural Heritage, are public domain, inalienable, and imprescriptible. The court declared the 1980 and 1999 allocations absolutely null for improperly disposing of such assets, granting the State's declaratory and annulment claims. Objections of expiration, statute of limitations, and lack of standing were dismissed. The court imposed no costs on the individual co-defendants, recognizing their complex procedural situation caused by INDER's conduct.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "11/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1280415.json", "html_url": "/legal/doc/nexus-sen-1-0034-1280415", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1280415" }, { "id": "nexus-sen-1-0034-1280448", "citation": "Res. 01158-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Attorney Fee Collection Incident against Municipality of La Unión", "title_es": "Incidente de cobro de honorarios contra Municipalidad de La Unión", "summary_en": "The Administrative Court declares inadmissible the privileged attorney fee collection incident filed by lawyer Rolando Romero Obando against the Municipality of La Unión. The lawyer had represented the municipality in a process to recover public domain property and sought payment for his services. However, the court finds that the relationship stemmed from an administrative procurement contract with a budget limit and a payment system based on justified professional hours invoiced. Since the lawyer had already invoiced and settled the contract, his claim seeks to alter the agreed terms and is grounded in an alleged contractual breach, exceeding the scope of the privileged fee collection incident. The proper channel to discuss outstanding obligations would be an ordinary process. The incident is declared inadmissible, and the plaintiff is ordered to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1280448.json", "html_url": "/legal/doc/nexus-sen-1-0034-1280448", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1280448" }, { "id": "nexus-sen-1-0034-1280674", "citation": "Res. 01416-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precarious possession on public domain assets of the Golfo Dulce Forest Reserve generates no right", "title_es": "Posesión precaria en bienes demaniales de la Reserva Forestal Golfo Dulce no genera derecho", "summary_en": "The Administrative Litigation Court fully dismissed the lawsuit filed by Pamela Nave Stowers against INDER, the Rural Development Institute. The plaintiff claimed relocation or compensation for her possession of parcel No. 14 in the Osa Campesino Settlement, Drake sector, arguing INDER's failure to resolve a land tenure conflict originating in the 1960s. The judgment establishes that since 1978 said parcel lies within the Golfo Dulce Forest Reserve and thus forms part of the State's Natural Heritage, bearing the status of a public domain asset, inalienable and imprescriptible. The plaintiff's possession, which began in 1989, postdates the public domain designation and, pursuant to article 14 of the Forestry Law, generates no rights. Additionally, the 1999 adjudication agreement had been annulled by a final judgment in a 'lesividad' proceeding. Costs were imposed on the plaintiff.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "18/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1280674.json", "html_url": "/legal/doc/nexus-sen-1-0034-1280674", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1280674" }, { "id": "nexus-sen-1-0034-1280833", "citation": "Res. 01590-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Analysis of admissibility of procedural acts in ongoing environmental administrative proceedings", "title_es": "Análisis de procedibilidad de actos de trámite en procedimientos administrativos ambientales en curso", "summary_en": "The Administrative Contentious Court declares inadmissible in its entirety the lawsuit filed by WPP Continental de Costa Rica S.A. against the State, concerning the challenge of procedural acts within administrative files FEAP-037-2002-SETENA and 132-18-03-TAA, related to the Los Pinos landfill. The company sought the annulment of resolutions 1818-2020-SETENA, 180-2021-SETENA and R-073-2021-MINAE, as well as the declaration of expiration of the administrative sanctioning proceeding. The court finds that these resolutions are not final, definitive, or procedural acts with independent effects, and therefore cannot be autonomously challenged in court under Article 36(c) of the Administrative Contentious Procedure Code. Resolution 1818-2020-SETENA merely orders the reassessment of two points of a complaint brought by a third party against the plaintiff, without determining liability. Resolution 180-2021-SETENA orders the initiation of an administrative sanctioning proceeding and appoints its directing body, which are procedural acts with no independent prejudice. As for the expiration request, it is rejected because the proceeding is still pending without a final act. The plaintiff is exempted from costs due to sufficient grounds for litigation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "22/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1280833.json", "html_url": "/legal/doc/nexus-sen-1-0034-1280833", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1280833" }, { "id": "nexus-sen-1-0034-1280983", "citation": "Res. 01827-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Indemnity denied for restrictions in protected zone without challenging legality of SINAC's acts", "title_es": "Indemnización denegada por restricciones en zona protectora sin cuestionar legalidad de actos del SINAC", "summary_en": "The Costa Rican Contentious-Administrative Tribunal denied a claim by Desarrollos La Piedrona S.A. against the State, INDER, and SINAC for material and moral damages. The plaintiff argued that the denial of cadastral plan approvals for its property—located within the Tivives Protected Zone—emptied its property right, frustrating a tourism development. The property had been acquired in 2008 from previous INDER adjudicatees, with no registry annotations about the protected zone. The Tribunal found that the suit only sought liability for lawful conduct, not an annulment of the administrative acts. It held that land-use restrictions in a protective zone (limited to agricultural and forestry activities) do not constitute a hollowing-out of property rights; the plaintiff failed to prove special damage (few affected or exceptional intensity), and was contributorily negligent by not investigating permissible uses before purchase. The State's counterclaim seeking annulment of the property title was declared inadmissible as a disguised lesividad action.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "27/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1280983.json", "html_url": "/legal/doc/nexus-sen-1-0034-1280983", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1280983" }, { "id": "nexus-sen-1-0034-1281021", "citation": "Res. 01885-2025 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of judicial-risk incentive of Environmental Administrative Tribunal employee", "title_es": "Anulación de incentivo de riesgo judicial a funcionaria del Tribunal Ambiental Administrativo", "summary_en": "The Administrative Litigation Court, Section V, upheld the State's lesividad claim against Sandra Miranda Loría, an employee of the Environmental Administrative Tribunal (TAA). The challenged resolution, issued by the Ministry of Environment and Energy in 2008, had granted her an 18% salary incentive for \"Risk in the Exercise of the Judicial Function,\" erroneously based on a Constitutional Chamber ruling concerning the Fiscal Administrative Tribunal. The Court found the incentive lacked legal basis, as the Organic Environmental Law does not provide salary equivalence with the Judicial Branch, and the principle of legal reserve requires salary components in public employment to be authorized by law. The act was declared absolutely null, and the future inapplicability of the incentive was ordered, with no costs imposed due to sufficient grounds to litigate.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1281021.json", "html_url": "/legal/doc/nexus-sen-1-0034-1281021", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1281021" }, { "id": "nexus-sen-1-0034-1281024", "citation": "Res. 01889-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INDER property rights consolidate upon expiry of 15-year limitations", "title_es": "Propiedad del INDER se consolida al vencer las limitaciones de 15 años", "summary_en": "The Administrative Litigation Court partially grants a claim against INDER filed by recipients of a housing lot in the Santa Teresa settlement. The core issue is whether INDER acted lawfully by revoking the allocation and voiding the title for alleged unjustified abandonment. The court holds that the 15-year limitations under the Land and Colonization Law (Law 2825) began to run from the IDA Board of Directors’ agreement of January 23, 1996, not from the date of the public deed. Therefore, those limitations expired on January 23, 2011, before the plaintiffs were served by edicts (January 27 and 28, 2011). Since the plaintiffs’ property rights had already consolidated, the administrative revocation proceeding is null and void. The court orders INDER to return the property to the plaintiffs and to pay costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1281024.json", "html_url": "/legal/doc/nexus-sen-1-0034-1281024", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1281024" }, { "id": "nexus-sen-1-0034-1281077", "citation": "Res. 01975-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of preliminary defense in environmental omission case against municipality", "title_es": "Rechazo de defensa previa en proceso contencioso por omisión municipal ambiental", "summary_en": "This ruling by the Contentious-Administrative Tribunal resolves a preliminary defense of 'act not subject to challenge' raised by the Municipality of La Unión in an ordinary proceeding filed by the Asociación de la Protección Ambiental Valle Verde. The plaintiff sought civil liability and injunctive relief for municipal omissions regarding street encroachment and sidewalk construction. The Municipality argued the matter should follow the Construction Law and Municipal Code, and that no formal administrative act was being challenged. The Tribunal dismisses the preliminary defense, holding that the contentious-administrative jurisdiction, under the Constitution (Art. 49) and the Contentious-Administrative Procedural Code (Art. 1), controls both active and omissive administrative conduct. The Municipality's arguments are deemed a substantive defense (lack of right) rather than proof of non-reviewability. The case must proceed to trial for a merits determination.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "03/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1281077.json", "html_url": "/legal/doc/nexus-sen-1-0034-1281077", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1281077" }, { "id": "nexus-sen-1-0034-1281082", "citation": "Res. 01982-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of current interest in precautionary measure against environmental viability", "title_es": "Falta de interés actual en medida cautelar contra viabilidad ambiental", "summary_en": "The Administrative Court denied a preliminary injunction requested by the Municipality of Montes de Oro against Berthier EBI de Costa Rica S.A. The municipality sought to suspend a land-use certificate and the environmental viability license granted by SETENA (Resolution 02031-2023-SETENA, upheld by R-570-2024-MINAE). The court found that, although a prima facie case existed, the municipality's own procedural inaction for over a year caused a loss of current interest – the environmental permit had become final before the request was revived. Moreover, the applicant failed to prove grave, actual or potential harm (periculum in mora), merely citing jurisprudence without demonstrating specific injury. Since not all legal prerequisites for a precautionary measure were met, the request was denied without costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "03/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1281082.json", "html_url": "/legal/doc/nexus-sen-1-0034-1281082", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1281082" }, { "id": "nexus-sen-1-0034-1284088", "citation": "Res. 00137-2025 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Building a path and logging in a spring protection zone", "title_es": "Construcción de trocha y tala en zona de protección de naciente", "summary_en": "The Criminal Sentencing Appeals Court of Cartago upholds the conviction of the defendant for invading a protection zone, building a path in a protected area, and destruction of vegetation, in ideal concurrence. The trial court found him criminally responsible and sentenced him to one year and three months in prison, with conditional execution, plus civil damages for environmental harm and costs. His public defender appealed on six grounds: challenging the indictment's time ranges, arguing an invincible mistake of law negating intent, alleged contradictions in the judgment's reasoning, omission of a cadastral map, violation of in dubio pro reo, and failure to obtain a social vulnerability study. The appeals court dismissed all claims, holding that the imputed periods were reasonable and did not impair the defense, that the permanent nature of the spring and the defendant's knowledge were proven by technical reports and witness testimony, that the judgment properly analyzed intent and the documentary evidence, and that the prosecution had no legal duty to request a social assessment. The ruling reinforces the protection of water resources as part of the right to a healthy environment and confirms the validity of charging continued conduct in environmental criminal cases.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "water-law", "forestry-law-7575" ], "date": "14/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1284088.json", "html_url": "/legal/doc/nexus-sen-1-0034-1284088", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1284088" }, { "id": "nexus-sen-1-0034-1284716", "citation": "Res. 00098-2025 Tribunal Segundo de Apelación Civil de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reversal of dismissal for partial compliance with order on water-source study", "title_es": "Revocatoria de inadmisibilidad por cumplimiento parcial de prevención sobre estudio de nacientes", "summary_en": "The Second Civil Appeals Tribunal of San José reverses the dismissal of a possessory information proceeding filed by Geovacal y Compañía S.A. The petitioner was ordered to request a technical report from the Costa Rican Institute of Aqueducts and Sewers on the existence of springs or water sources on the claimed property. Although the deadline was extended, the party submitted filings showing it made the request to AyA and the institution was processing the study. The court finds the petitioner complied with the order by making the required request, whose outcome depends on a public entity, not on the party. The lower court’s failure to rule on the follow‑up filings renders the appealed order invalid, so the titling proceeding must continue.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "water-law" ], "date": "21/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1284716.json", "html_url": "/legal/doc/nexus-sen-1-0034-1284716", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1284716" }, { "id": "nexus-sen-1-0034-1285131", "citation": "Res. 00348-2025 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Duty to order restoration of environmental harm even after acquittal", "title_es": "Deber de resolver la restitución del estado anterior del bien en sentencia penal ambiental aunque sea absolutoria", "summary_en": "The Sentencing Appeals Court of the Second Judicial Circuit of San José annulled the acquittal issued by the Atlantic Zone Criminal Court in a case of invasion of the Tortuguero National Park and usurpation of public domain property. The Chamber found that the judgment lacked adequate reasoning, as it failed to assess key evidence (testimony from SINAC officials, geolocation and environmental damage reports) and reached contradictory conclusions about the location of the land. Moreover, the trial court refused to order restoration of the property to its prior state, referring the parties to another jurisdiction, which violated Articles 50 of the Constitution, 140 of the Code of Criminal Procedure, and 103 of the Penal Code. The appellate court stressed that restitution can and must be ordered ex officio, even after a criminal acquittal, when public interest is at stake. Consequently, it ordered a retrial before a differently composed court.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1285131.json", "html_url": "/legal/doc/nexus-sen-1-0034-1285131", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1285131" }, { "id": "nexus-sen-1-0034-1286104", "citation": "Res. 00122-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Requirements and Burden of Proof for Summary Tree-Felling Action in Water Protection Zone", "title_es": "Requisitos y carga probatoria del sumario de derribo de árboles en zona de protección hídrica", "summary_en": "The Agrarian Court annuls a ruling from the Guápiles Agrarian Court that had summarily dismissed a tree-felling summary action brought by a neighbor alleging imminent danger of trees falling onto dwellings. The lower court had refused to hear the case on the grounds that a logging permit had already been issued by SINAC. The Agrarian Court holds that the appealed decision committed evidentiary omission and violated due process, since it did not properly assess the content of the permit nor determine whether it resolved the urgent situation. In its substantive analysis, the Court restates the requirements for this summary action: there must be an imminent danger to life, physical integrity, or property; the plaintiff must prove the facts grounding the claimed right in accordance with the burden of proof; and even when an environmental asset such as a tree is involved, felling must be necessary and proportionate. It also emphasizes that the fact that the property lies in a water protection zone does not relieve the judge of verifying the risk; rather, it demands a rigorous technical and evidentiary analysis. It orders the trial court to proceed with the case and to issue a swift decision, either granting the request or dismissing it by way of a duly reasoned ruling.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1286104.json", "html_url": "/legal/doc/nexus-sen-1-0034-1286104", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1286104" }, { "id": "nexus-sen-1-0034-1286109", "citation": "Res. 00126-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Confirmation of precautionary measure due to failure to comprehensively assess evidence in water conflict", "title_es": "Confirmación de medida cautelar por omisión de valoración integral de prueba en conflicto de agua", "summary_en": "The Agrarian Tribunal confirmed a precautionary measure issued by the Cartago Agrarian Court in favor of the ASADA of Alto San Juan de Tarrazú, ordering the defendants to allow access to the water spring and infrastructure, provide keys to padlocks, and prohibiting tree-cutting or works within the spring protection zone. However, the Tribunal found that the lower court failed to consider the defendants' documentary evidence and arguments, including proceedings from a related criminal case (file 18-185-567-PE) where an environmental remediation plan had been approved, and an agreement with the Municipality of Tarrazú regarding access conditions to the property. The Tribunal ordered the lower court to issue a new precautionary decision that comprehensively assesses all evidence and arguments, including the impact of the criminal proceedings, to avoid contradictory rulings and uphold due process and legal certainty. The precautionary measure remains in effect, protecting the constitutional right to water and applying the environmental precautionary principle.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "13/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1286109.json", "html_url": "/legal/doc/nexus-sen-1-0034-1286109", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1286109" }, { "id": "nexus-sen-1-0034-1286123", "citation": "Res. 00140-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over boundary crops and soil damage", "title_es": "Competencia agraria por cultivos en lindero y daño al suelo", "summary_en": "The Agrarian Tribunal resolves a jurisdictional challenge based on subject matter filed by the defendant in an ordinary proceeding. The plaintiff claimed damages from crops planted along the boundary and obstruction of a ditch, which harmed his plantations and sterilized the soil. The defendant argued her land is a lot for construction acquired through a housing bond, thus not agrarian. The Tribunal rejects the challenge and affirms agrarian jurisdiction, finding that the dispute involves agrarian production activities (subsistence crops), albeit on a small scale, and damage to the soil resource, a matter governed by the Soil Use, Management and Conservation Law, whose Article 56 assigns jurisdiction to agrarian courts.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779", "property-and-titling" ], "date": "17/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1286123.json", "html_url": "/legal/doc/nexus-sen-1-0034-1286123", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1286123" }, { "id": "nexus-sen-1-0034-1286155", "citation": "Res. 00170-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over possession in protected zone", "title_es": "Competencia agraria sobre posesión en zona protectora", "summary_en": "The Agrarian Tribunal reverses a lower court's decision to decline jurisdiction over a possessory information proceeding involving a property located entirely within the Cerros de la Carpintera Protected Zone. The lower court had ruled that the presence of a house and garage made it a civil rather than agrarian matter. The Tribunal holds that agrarian jurisdiction is proper based on the property's location in a protected area and the need to apply agro-environmental legislation, including the Biodiversity Law and specific possessory regimes for protected zones. It emphasizes that the agrarian jurisdiction is exclusive and non-waivable for matters involving natural resources and conservation, and orders the lower court to proceed with the case.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "21/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1286155.json", "html_url": "/legal/doc/nexus-sen-1-0034-1286155", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1286155" }, { "id": "nexus-sen-1-0034-1286159", "citation": "Res. 00173-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Use of Timber from Court-Authorized Tree Removal", "title_es": "Aprovechamiento de madera producto de derribo autorizado judicialmente", "summary_en": "The Agrarian Court confirms the authorization to fell two cedar trees due to imminent danger but denies granting direct use of the timber in court because the land is unregistered. The plaintiff possesses an unregistered property acquired via a private sale agreement, which prevents certainty over ownership. The court distinguishes between the felling authorization—based on risk to persons and property—and timber use, which requires permits from MINAE under Forestry Law 7575. Prior case law is cited where, for registered properties, timber use was allowed as a consequence of ownership. Since this land is unregistered, the request must be filed administratively. The court emphasizes that the felling does not stem from an illegal act but from a preventive measure; however, the property's registration status is decisive in denying direct timber use in this summary proceeding.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "22/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1286159.json", "html_url": "/legal/doc/nexus-sen-1-0034-1286159", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1286159" }, { "id": "nexus-sen-1-0034-1286170", "citation": "Res. 00183-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INDER adjudication error does not validate replevin and allows agrarian adverse possession", "title_es": "Error en adjudicación del INDER no valida reivindicación y permite usucapión agraria", "summary_en": "The Agrarian Tribunal heard an appeal against a ruling by the Agrarian Court of Upala that had partially granted both the replevin claim of Rosa Eugenia Cortés Araya and the adverse possession counterclaim of Olman Bustos García. The Tribunal fully reversed the lower court's decision. It found that the adjudication of plot 4 to Cortés Araya by the former IDA (now INDER) was based on an error in the object, as she had always possessed plot 7. This administrative error does not create rights, so it upheld the exceptions of lack of right, lack of active and passive standing raised by Bustos García, and entirely dismissed the replevin claim. Regarding the counterclaim for special agrarian adverse possession, the Tribunal held that Bustos García had exercised dynamic, productive possession in good faith since 1996 over plot 4, fulfilling the social function of property. It therefore granted the adverse possession claim and ordered the property registered in his name. Cortés Araya and INDER were ordered to pay costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "26/02/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1286170.json", "html_url": "/legal/doc/nexus-sen-1-0034-1286170", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1286170" }, { "id": "nexus-sen-1-0034-1286285", "citation": "Res. 00298-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mandatory forest restoration after tree felling in river protection zone", "title_es": "Reposición forestal obligatoria tras derribo de árbol en zona de protección de río", "summary_en": "The Agrarian Court confirms the authorization to fell an Almendrillo tree in a river protection area but modifies the lower court's judgment to order the plaintiff to reforest with native species within one month. The decision is based on Articles 33 (Forestry Law) and 145 (Water Law), and Article 50 of the Constitution requiring the State to guarantee a healthy environment. The court emphasizes that tree felling in a protection zone is exceptional and requires proof of imminent threat to human safety; even when granted, restoration must be ordered to protect the water body. The judgment mandates coordination with the Arenal Tempisque Conservation Area to verify compliance, under penalty of disobedience to authority.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1286285.json", "html_url": "/legal/doc/nexus-sen-1-0034-1286285", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1286285" }, { "id": "nexus-sen-1-0034-1286748", "citation": "Res. 00316-2025 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cutting a fallen tree constitutes unlawful exploitation", "title_es": "Acción de cortar un árbol caído constituye aprovechamiento ilícito", "summary_en": "The Criminal Appeals Court of the Third Judicial Circuit of Alajuela, San Ramón, upheld the criminal conviction for illegal exploitation of forest products but partially annulled the civil damages award. The defendants had removed a tree that had fallen into the Paires River, located within a protected area under the Forestry Law, and cut it into pieces with a chainsaw without the required permits. The defense argued they acted due to an imminent danger to swimmers and that there was no exploitation for profit. However, the court held that cutting the trunk into pieces, even if the tree had already fallen, constitutes exploitation under Article 3 of the Forestry Law, given its potential to generate some benefit. It also rejected the defense of necessity, because although removing the tree from the river might be justified, processing it with a chainsaw exceeded any urgently necessary measure. Regarding the civil action, the court partially annulled the award because the expert report included amounts related to the initial felling, which was not attributed to the defendants. A retrial was ordered to recalculate the environmental damage and the costs of the civil restitution action.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "08/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1286748.json", "html_url": "/legal/doc/nexus-sen-1-0034-1286748", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1286748" }, { "id": "nexus-sen-1-0034-1286855", "citation": "Res. 02115-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Suspension of eviction and demolition of a house in a protection zone", "title_es": "Suspensión de desalojo y demolición de vivienda en zona de protección", "summary_en": "This ruling by the Contentious-Administrative Tribunal decides a precautionary measure requested by homeowners against the Municipality of Heredia, the State (MINAE), and SINAC. The Municipality ordered the eviction and partial demolition (50.42 m²) of the house for encroachment on public domain land in a water protection zone, per resolution AMH-0803-2024. The plaintiffs claim registered ownership for over 28 years, deny the encroachment, and challenge the validity of the donation that transferred the area to the municipality. They also argue that demolition would render the home uninhabitable and cause severe patrimonial and personal harm. The tribunal examines the three requirements for precautionary measures: appearance of good right (non-frivolity of the claim), danger in delay (serious potential harm from demolition), and balancing of interests. It concludes that, while the public interest is important, the encroachment has existed for many years, no significant harm to the public interest has been demonstrated during the prior provisional suspension, and the harm to the plaintiffs would be grave and immediate. It therefore partially grants the measure, suspending the effects of the administrative act and the demolition, but rejects the request to order SINAC and MINAE to conduct an environmental inspection due to lack of instrumentality with the proceeding’s object.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "05/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1286855.json", "html_url": "/legal/doc/nexus-sen-1-0034-1286855", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1286855" }, { "id": "nexus-sen-1-0034-1286921", "citation": "Res. 02232-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of construction permit for Galagarza Environmental Technology Park", "title_es": "Anulación de permiso de construcción Parque Tecnología Ambiental Galagarza", "summary_en": "The Administrative Appeals Court hears an improper hierarchy appeal filed by Empresas Berthier EBI de Costa Rica S.A. against the decision of the Municipal Mayor of Montes de Oro that annulled the conditional and suspensory construction permit granted by the Urban Development Department for the \"Galagarza Environmental Technology Park\". The Mayor annulled the permit arguing environmental damage and that the previous Mayor had already rejected granting a conditional permit. However, the Court finds that the grounds invoked by the Mayor are non-existent: no environmental damage was proven, and the previous Mayor's decision did not reject the subsidiary claim, but rather recognized the Urban Development Department's authority to analyze it. As the challenged act lacks truthful motivation, it is vitiated by absolute nullity. The Court annuls the appealed decisions and orders the Municipality to issue the requested construction permit, maintaining the prior verification of requirements already carried out.", "primary_topic_id": null, "topic_ids": [], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1286921.json", "html_url": "/legal/doc/nexus-sen-1-0034-1286921", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1286921" }, { "id": "nexus-sen-1-0034-1286924", "citation": "Res. 02240-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cancellation of mining concession on Río Naranjo due to repeated environmental breaches", "title_es": "Cancelación de concesión minera sobre el Río Naranjo por incumplimientos ambientales reiterados", "summary_en": "The court upholds the claim brought by a private attorney against Los Manantiales del Pacífico N Y S S.A. and the State for breaches of the conditions governing the exploitation concession on the Río Naranjo bed, granted under resolution R-097-2018-MINAE. The Tribunal identified numerous irregularities: encroachment on protection zones of intermittent streams and the river itself, an illegal well, non-laminar extraction exceeding authorized depths, damage to levees, non-compliance with oversized material management, dust emissions, failure to build sedimentation ponds, and illegal road construction. It finds the concessionaire environmentally liable and the State remiss in its oversight duties. It orders cancellation of the concession, mandates a remedial and recovery plan for the river and surrounding areas under State supervision, and keeps in force the earlier precautionary measure ordering routine inspections. Both defendants are ordered to pay costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1286924.json", "html_url": "/legal/doc/nexus-sen-1-0034-1286924", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1286924" }, { "id": "nexus-sen-1-0034-1287005", "citation": "Res. 02428-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Injunction Denied for Lack of Instrumentality and Unproven Harm in Barbilla River Material Extraction Concession", "title_es": "Denegatoria de medida cautelar por falta de instrumentalidad y daño no acreditado en concesión de extracción de material en río Barbilla", "summary_en": "The Administrative Court denied the injunction sought by Martha Cecilia Muñoz Hernández, who requested the immediate suspension of material extraction activities by Desarrollos Henalfa, S.A. in the Barbilla River, claiming environmental damage and economic harm to her property. The Court found that the injunction lacked instrumentality, as the requested suspension differed from the main claim for damages. Furthermore, the plaintiff failed to demonstrate any grave, current, or potential harm, or a causal link to the contested concession. Given the lack of evidence, the risk of delay was not established, and the balancing of interests favored protecting the public interest, leaving the final decision to the main proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1287005.json", "html_url": "/legal/doc/nexus-sen-1-0034-1287005", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1287005" }, { "id": "nexus-sen-1-0034-1287049", "citation": "Res. 02512-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inapplicability of Positive Administrative Silence in Urban Planning and Environmental Authorizations", "title_es": "Improcedencia del silencio positivo en autorizaciones urbanísticas y ambientales", "summary_en": "The Contentious-Administrative Tribunal, acting as Improper Hierarch in municipal matters, hears the appeal filed by Fela S.A. against the denial of a land-use permit for a commercial establishment in a residential area of Los Parques Urbanization, in San Ramón. The appellant argued that positive administrative silence had occurred and that the administrative act was contradictory. The Tribunal upheld the municipal decision, declaring the appeal unfounded. It held that positive silence does not automatically apply to authorizations, licenses, or acts related to the environment, a concept that includes urban planning and land-use determinations. The protection of the right to a healthy and ecologically balanced environment (Article 50 of the Constitution) prevents an omission from being construed as tacit authorization. It also found that the original act’s contradiction was a material error correctable under Article 157 of the General Public Administration Act, and that the appellant failed to raise technical grievances that would justify modifying the decision.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "12/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1287049.json", "html_url": "/legal/doc/nexus-sen-1-0034-1287049", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1287049" }, { "id": "nexus-sen-1-0034-1287267", "citation": "Res. 02823-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "CNFL indemnification claim dismissed for tree fall on AyA property", "title_es": "Improcedencia de indemnización a CNFL por caída de árbol en propiedad de AyA", "summary_en": "The Administrative Litigation Court dismisses the claim filed by the National Power and Light Company (CNFL) against the Costa Rican Institute of Aqueducts and Sewers (AyA), seeking ₡3,811,638.86 in damages allegedly caused by a tree that fell on two utility poles. The court applied the objective liability regime for public administration (articles 190 ff. of the General Public Administration Law) and held that CNFL failed to prove the existence of the alleged damage or a causal link between the tree fall and any active or omissive conduct by AyA. The evidence submitted (technical reports, poor-quality photographs, indirect testimony, and site visits conducted months after the incident) was insufficient to substantiate the claim. The defense of lack of right was upheld and costs were awarded against the plaintiff. The judgment does not address the substantive obligations for tree maintenance in water-source protection zones, as the basic evidentiary requirements were not met.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1287267.json", "html_url": "/legal/doc/nexus-sen-1-0034-1287267", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1287267" }, { "id": "nexus-sen-1-0034-1287288", "citation": "Res. 02848-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No Compensation for Demolition in Maritime Terrestrial Zone", "title_es": "Improcedencia de indemnización por demolición en zona marítimo terrestre", "summary_en": "The Administrative Court dismisses the claim for damages brought by Guillermo Ramírez Chaves against the Municipality of Quepos for the demolition of the \"Balú\" restaurant on Espadilla Beach. Although the demolition order was annulled by the Improper Hierarchy as a factual route, the Court finds that the plaintiff lacks a legitimate interest or protectable legal position. Law 9373, on which the annulment was based, was declared unconstitutional with retroactive effects. Moreover, the plaintiff never held a subjective right over the public maritime-terrestrial zone, nor did he have valid licenses or concessions. Environmental damage is evidenced by fecal contamination and impacts to coastal ecosystems. Article 195 of the General Public Administration Law is applied, which exempts liability when the injured interest is contrary to public order. The plaintiff is ordered to pay costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1287288.json", "html_url": "/legal/doc/nexus-sen-1-0034-1287288", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1287288" }, { "id": "nexus-sen-1-0034-1287376", "citation": "Res. 02958-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Annulment of SETENA Resolutions for Archiving Environmental Feasibility Due to Repeated Non-Compliance", "title_es": "Improcedencia de nulidad de resoluciones de SETENA por archivo de viabilidad ambiental por incumplimientos reiterados", "summary_en": "The Administrative-Contentious Tribunal denies the lawsuit filed by two trout-farming corporations against the State, seeking annulment of three SETENA and MINAE resolutions that refused to lift a precautionary suspension of environmental feasibility and ordered archiving of administrative file D1-1241-2006. The tribunal finds that Truchas San Gerardo S.A. lacks standing, as it was not the addressee of the challenged acts. On the merits for Truchas Reales de Costa Rica S.A., no incompetence of SETENA is found; it acted within its oversight functions under Articles 84 and 89 of the Environmental Law. No due-process violation occurred, as this was not a cancellation but a filing due to non-compliance with multiple requirements imposed since 2017, including lack of a valid water concession and illegal water use. The argument that impossible compliance was required is rejected, as the plaintiff could have applied for a new feasibility or corrected deficits. The court upholds the State’s defense of lack of right and imposes costs on plaintiff.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554", "water-law" ], "date": "26/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1287376.json", "html_url": "/legal/doc/nexus-sen-1-0034-1287376", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1287376" }, { "id": "nexus-sen-1-0034-1287410", "citation": "Res. 02996-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Breach of contract in public school expansion", "title_es": "Incumplimiento contractual en ampliación de colegio público", "summary_en": "The Contentious-Administrative Tribunal hears a claim and counterclaim for breaches in the expansion of the Vásquez de Coronado Technical Professional High School. The Administrative Board contracted architect Abel Castro Laurito for design and technical direction, and Fernando Blanco Barboza for labor. The project suffered serious deviations: non-contracted items were built, there were construction defects, the retaining wall and covered walkway were omitted, and the material supplier was irregularly changed. The DIEE suspended fund transfers due to mismanagement. The Tribunal finds both contractors in serious breach, holds them in a legally reproachable position, and declares the contract resolved. It rejects the actors' claims for professional fees and labor payments, and orders both to pay damages to the Board. The material supplier fails to prove a formal contracting, so its claim is also denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1287410.json", "html_url": "/legal/doc/nexus-sen-1-0034-1287410", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1287410" }, { "id": "nexus-sen-1-0034-1287419", "citation": "Res. 03007-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Liability for Flooding in San Pancracio and Administrative Omissions", "title_es": "Responsabilidad por inundaciones en San Pancracio y omisiones administrativas", "summary_en": "The Administrative Court resolved a lawsuit by residents of the San Pancracio Settlement in Siquirres against two banana companies, the State, the Municipality of Siquirres and the CNE, for recurrent flooding. Claimants sought damages and mitigation works, arguing that unpermitted dikes and earthworks worsened flooding and that public entities failed to supervise and prevent it. The prior judgment was annulled by the First Chamber for lack of clarity regarding facts attributed to Chiquita Brands. In this new ruling, the Court analyzes extensive expert and witness evidence from both sides, as well as a prior Constitutional Chamber decision (2004-04944) that had ordered technical studies. After assessing defenses like force majeure, victim's fault and lack of standing, the Court dismisses indemnity claims due to insufficient proof of damages and causation. However, it orders public entities to jointly carry out actions and works to prevent and reduce flood impacts, reflecting a solution focused on future prevention rather than retroactive compensation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1287419.json", "html_url": "/legal/doc/nexus-sen-1-0034-1287419", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1287419" }, { "id": "nexus-sen-1-0034-1287467", "citation": "Res. 03064-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No permits for ecotourism in public zone of a wildlife refuge", "title_es": "Improcedencia de permisos para ecoturismo en zona pública de refugio de vida silvestre", "summary_en": "The Administrative-Contentious Court dismisses the claim filed by Turismo Curú S.A. against SINAC and the State. The company conducted ecotourism activities, including the use of vehicles and boats, on the public beach zone of the Curú National Wildlife Refuge without the MINAE authorization required by Article 18 of the Forestry Law and Article 39 of the Biodiversity Law. The court upholds the legality of the evacuation and activity-suspension order issued by the Tempisque Conservation Area, emphasizing that there is no unrestricted right to trade on State Natural Heritage property and that any activity, even ecotourism, must comply with permits and the current management plan. The court also rejects the requests to order future permits, revise the management plan, or replace officials, as no concrete harm or abuse of power was proven.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1287467.json", "html_url": "/legal/doc/nexus-sen-1-0034-1287467", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1287467" }, { "id": "nexus-sen-1-0034-1287483", "citation": "Res. 03084-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ratification of Sanction by the CGR on a CONAVI Board Member for Approving a Road Contract Without Disclosing a Known Technical Discrepancy", "title_es": "Ratificación de sanción de la CGR a miembro del Consejo del CONAVI por aprobar contratación vial sin advertir desfase técnico conocido", "summary_en": "The Administrative and Civil Tax Court dismissed the claim brought by Christian Campos Monge against the Office of the Comptroller General (CGR) and the State, upholding the legality of the disciplinary procedure that imposed a two-year ban from holding public office. The plaintiff, as a member of CONAVI's Board of Directors, voted in 2015 to request authorization from the CGR for an expedited direct contracting procedure for studies, design, and construction of National Route No. 257, providing access to the Moín Container Terminal (TCM). The CGR found him administratively liable for gross negligence, considering that he was aware—due to his participation in multiple working sessions—of an 80-meter discrepancy between the route layout and the entrance to the TCM, which would prevent the required functional connection, and that this fact was not disclosed to the oversight body when the authorization was sought. The Court held that the procedure respected due process, that the charges were clearly stated, that the evidentiary assessment was appropriate, and that the sanction was proportionate and reasonable. It also denied the claims for moral damages due to lack of a causal link with the State's actions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1287483.json", "html_url": "/legal/doc/nexus-sen-1-0034-1287483", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1287483" }, { "id": "nexus-sen-1-0034-1287501", "citation": "Res. 03108-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of municipal resolution for appeal against a nonexistent act", "title_es": "Anulación de resolución municipal por recurso sobre acto inexistente", "summary_en": "The Administrative Appeals Court hears an appeal by EBI Berthier de Costa Rica S.A. against Resolution 07-2024 of the Municipality of Montes de Oro, which granted an extraordinary review motion filed by a resident and annulled the conditional construction permit for the “Galagarza Environmental Technology Park.” The Court finds that the challenged resolution was issued concerning an administrative act — official communication MMO-DDU-023-2024 — that had already been annulled by the same Municipality through a resolution dated May 10, 2024. Since the original act no longer existed, the review motion lacked purpose and the Municipality should have declared it inadmissible for lack of current interest. Consequently, the Court grants the appeal and annuls Resolution 07-2024, thereby exhausting the administrative process. The ruling focuses solely on the procedural validity of the administrative act and does not address the environmental merits of the project.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1287501.json", "html_url": "/legal/doc/nexus-sen-1-0034-1287501", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1287501" }, { "id": "nexus-sen-1-0034-1289366", "citation": "Res. 00310-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over summary tree-felling proceeding for municipal aqueduct", "title_es": "Competencia agraria en sumario de derribo de árboles en acueducto municipal", "summary_en": "The Agrarian Tribunal overturns the recusal by the Agrarian Court of Cartago and holds that the summary tree-felling proceeding brought by the Municipality of Cartago against unknown defendants falls under agrarian jurisdiction. The plaintiff seeks the cutting of 16 trees on its properties 12213 and 24533 that endanger municipal aqueduct infrastructure (a 250 mm cast-iron pipe and a concrete capture slab). The Tribunal grounds its decision on Article 108 of the Biodiversity Law, which assigns disputes over natural resources between private parties without an administrative act or public domain to agrarian jurisdiction, and on the environmental public interest in Article 11(3) of the same law. It finds the Municipality is acting as any other private party and that trees are natural resources. It orders the court of origin to continue proceedings and urgently decide on the requested measures, given the imminent risk of harm and a technical recommendation from MINAE.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "02/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1289366.json", "html_url": "/legal/doc/nexus-sen-1-0034-1289366", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1289366" }, { "id": "nexus-sen-1-0034-1289403", "citation": "Res. 00347-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Res judicata prevents reopening possessory dispute over land strip", "title_es": "Cosa juzgada impide reabrir discusión posesoria sobre franja de terreno", "summary_en": "The Agrarian Tribunal upholds a ruling that partially granted a possessory injunction filed by PETER K DOS RÍOS S.A. against Ademar Varela Castro. The plaintiff claimed the defendant brought machinery onto its land and opened a road, causing material, moral, and environmental damages. The Tribunal finds res judicata based on a prior ordinary proceeding (case 06-160036-0188-ag) that declared the plaintiff the rightful owner of the property including the disputed strip and ordered restitution. That decision was affirmed by the Agrarian Tribunal and the First Chamber of the Supreme Court. Since the appellant's grievances were already definitively adjudicated, the Tribunal rejects the appeal and upholds the lower court's ruling, barring further litigation over the ownership of the land.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1289403.json", "html_url": "/legal/doc/nexus-sen-1-0034-1289403", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1289403" }, { "id": "nexus-sen-1-0034-1289409", "citation": "Res. 00353-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Affirmation of Agrarian Possessory Title over Land with Forest Cover", "title_es": "Confirmación de titulación posesoria agraria sobre terreno con cobertura boscosa", "summary_en": "The Agrarian Court confirms the approval of possessory information proceedings over approximately 5.98 hectares of mountain and pasture land in Quepos, with 45.40% forest cover according to FONAFIFO. The Attorney General's Office appealed, arguing that forest land forms part of the State Natural Heritage and is therefore not subject to titling. The Court rejects the appeal, reiterating that since the 1996 Forestry Law amendment to Article 7 of the Possessory Information Law, acquiring ownership of forested land by adverse possession is possible upon proof of ten-year possession and conservation of forest resources. In this case, the petitioner and the previous possessor demonstrated public, peaceful, and continuous possession for over ten years, compatible with livestock activities on pasture outside the forest cover and protection of the primary forest. The ruling reaffirms that a possessor who conserved forest resources acquires a right to title, even in areas that were part of national reserves, provided possession predates any protected area designation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "23/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1289409.json", "html_url": "/legal/doc/nexus-sen-1-0034-1289409", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1289409" }, { "id": "nexus-sen-1-0034-1289428", "citation": "Res. 00359-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Tree Felling for Medium Fall Risk: Right to Life Prevails over Tree Protection in Stream Buffer Zone", "title_es": "Derribo por riesgo medio de caída: prevalece derecho a la vida sobre protección de árbol en área de quebrada", "summary_en": "The Agrarian Tribunal heard a partial appeal by the plaintiff against a lower court ruling that authorized pruning but denied felling of a tree (Tree No. 2) located on her property, near a stream and a home inhabited by elderly adults. The technical report from SINAC rated the fall risk as “medium” with a “probable” likelihood of failure, citing exposed roots, unstable soil, trunk cracks, and wind exposure. The Tribunal partially revoked the ruling and ordered the felling of Tree No. 2, weighing the fundamental right to life and physical integrity against forest protection duties, especially given technical uncertainty about the tree’s stability. It ordered SINAC to provide technical support for replanting replacement species and measures to avoid harming wildlife, in compliance with the Water Law, Biodiversity Law, and Forestry Law. Felling and other measures must follow the technical conditions set in the first instance.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1289428.json", "html_url": "/legal/doc/nexus-sen-1-0034-1289428", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1289428" }, { "id": "nexus-sen-1-0034-1289430", "citation": "Res. 00362-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of Properties in Wildlife Refuge and Ecological Possession", "title_es": "Titulación de inmuebles en Refugio de Vida Silvestre y posesión ecológica", "summary_en": "The Agrarian Court confirms the approval of possession information proceedings initiated by Roberto González Cordero over two properties located in the Barra del Colorado National Wildlife Refuge. The court finds the chain of possessory transmission since before 1975 sufficiently proven through agricultural and livestock activities, rejecting the Attorney General's objections regarding failure to prove the chain of possessors and lack of ecological possession. It reasons that the refuge's creation in 1984 did not prejudice pre-existing usucapion rights, and that the agricultural and livestock character of the land dates back to the 1970s. The court also orders the titleholder to comply with the refuge's management plan and coordinate with SINAC-ACTo.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "wildlife-law-7317" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1289430.json", "html_url": "/legal/doc/nexus-sen-1-0034-1289430", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1289430" }, { "id": "nexus-sen-1-0034-1290315", "citation": "Res. 00509-2025 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mining exploitation in the Elia River protection zone", "title_es": "Actividad de explotación minera en área de protección del río Elia", "summary_en": "The Criminal Appeals Court of the Second Judicial Circuit of San José upholds the conviction of the defendant for a crime of mining exploitation activity, committed in 2009 within the 15-meter protection zone of the Elia River in Guácimo, Limón. The defense argued lack of precision in the charge regarding joint participation and errors in evidentiary assessment, as well as lack of reasoning in the civil damages award. The appeals court rejects both grounds: it finds that joint perpetration is duly established, since all three defendants participated in artisanal extraction of flagstone, each with essential roles (cutting, bagging, transporting), and that the evidence, despite minor discrepancies after fifteen years, was assessed according to sound criticism. Regarding the civil action, it determines that environmental damage is proven by the unlawful conduct, but given site variations and the passage of time, quantification was set in the abstract, which is correct. The appeal is denied and the sentence of three months' imprisonment, conditional execution for three years, and civil damages in the abstract are upheld.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "_off-topic" ], "date": "26/03/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1290315.json", "html_url": "/legal/doc/nexus-sen-1-0034-1290315", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1290315" }, { "id": "nexus-sen-1-0034-1290901", "citation": "Res. 00116-2025 Tribunal de Apelación Civil y Trabajo Cartago Sede Cartago Materia Civil", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Expiry of interdict actions: the time limit runs from the start of the disturbing acts, not from when the affected party discovers them", "title_es": "Caducidad del interdicto: el plazo corre desde el inicio de los hechos perturbatorios, no desde que la parte afectada los descubre", "summary_en": "The Civil and Labor Appeals Court of Cartago upheld the dismissal of an interdict action filed by Proyecto Esquipulas S.A. against Luis Ángel Jiménez Mora. The plaintiff alleged invasion, removal of boundary markers, and illegal logging on a 54.9-hectare property, mostly forest and scrubland. The trial court ordered the plaintiff to specify the exact date when the disturbing acts began, in order to assess the three-month expiry period under Article 106.1 of the Civil Procedure Code. The plaintiff stated that the acts started in late November or early December 2023, but that its representatives personally verified them on February 17-18, 2024. The Court of Appeals held that the start date of the acts was indeterminate and that the plaintiff had failed to comply with the court’s order, thus confirming the dismissal on grounds of expiry. It emphasized that the time limit runs from the actual occurrence of the disturbing acts, not from when the affected party discovers them.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "29/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1290901.json", "html_url": "/legal/doc/nexus-sen-1-0034-1290901", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1290901" }, { "id": "nexus-sen-1-0034-1292766", "citation": "Res. 00030-2018 Tribunal Contencioso Administrativo Sección VIII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Constitutional res judicata and state liability for expropriation omission in Golfo Dulce Forest Reserve", "title_es": "Cosa juzgada constitucional y responsabilidad estatal por omisión expropiatoria en Reserva Forestal Golfo Dulce", "summary_en": "The Administrative Litigation Tribunal examines a claim by an occupant of the Osa Peasant Settlement within the Golfo Dulce Forest Reserve. The plaintiff sought nullification of an INDER resolution revoking a land titling procedure, plus damages and forestry incentives. The Tribunal upholds the constitutional res judicata exception based on a prior Constitutional Chamber ruling (vote 14134-2008) which held that the procedure created no subjective rights. Accordingly, it dismisses all annulment and titling claims. Regarding compensation for the State's failure to expropriate, the Tribunal rejects the claims because no proven decennial possession right or actual omission causing harm was established. Prescription and expiry exceptions are denied, but lack of right is partially accepted. All claims are dismissed with costs to the plaintiff.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "04/04/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-1292766.json", "html_url": "/legal/doc/nexus-sen-1-0034-1292766", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1292766" }, { "id": "nexus-sen-1-0034-1295447", "citation": "Res. 00797-2025 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict civil liability for environmental damage after criminal acquittal", "title_es": "Responsabilidad civil objetiva por daño ambiental tras absolución penal", "summary_en": "The Sentencing Appeals Court of the Second Judicial Circuit of San José partially annulled the acquittal issued by the Sarapiquí Criminal Court, which had dismissed the civil indemnity claim for illegal logging on the grounds that not all co-owners were sued and that no intent or negligence was proven. The Attorney General's Office appealed, arguing that the claim was based on strict civil liability, which does not require proof of intent or negligence. The appeals court granted the appeal and ordered a retrial, instructing the lower court to examine whether, under Articles 98 and 101 of the Environmental Organic Law and Article 52 of the Soil Use, Management and Conservation Law, the sued co-owner is strictly and jointly liable for the environmental damage caused on his property, regardless of the criminal acquittal. The criminal acquittal for both defendants remains final.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "19/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1295447.json", "html_url": "/legal/doc/nexus-sen-1-0034-1295447", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1295447" }, { "id": "nexus-sen-1-0034-1296143", "citation": "Res. 04295-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "State Liability Denied for Valladolid Urbanization Landslide", "title_es": "Improcedencia de indemnización estatal por deslizamiento en urbanización Valladolid", "summary_en": "The Administrative Court dismisses the claim for material and moral damages filed by residents of the Valladolid urbanization, who lost their homes due to a landslide in 2020. The plaintiffs argued that the Municipality of Desamparados and the National Emergency Commission (CNE) were negligent in failing to take timely measures to stabilize the terrain, despite being aware of the risks since the first landslide in 2017 and having studies from the University of Costa Rica and the Federated College of Engineers and Architects. The Court finds that no causal link was proven between the alleged omissions and the damage, given that both institutions did carry out mitigation, monitoring, and coordination actions appropriate to the technical complexity of the event. Moreover, the UCR's proposal was not a definitive solution but a preliminary study. It also rules that wastewater and stormwater management is the homeowners' responsibility under the General Health Law, and that the residents' non-compliance contributed to worsening conditions. The claim is denied in its entirety.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1296143.json", "html_url": "/legal/doc/nexus-sen-1-0034-1296143", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1296143" }, { "id": "nexus-sen-1-0034-1296206", "citation": "Res. 04383-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "AyA's Clarification on Well Protection Radii and Loss of Current Interest", "title_es": "Aclaración del AYA sobre radio de protección en pozos de abastecimiento y pérdida de interés actual", "summary_en": "The court dismissed the suit filed by possessors of a property affected by the Edward and Corteza N°1 wells, which sought the annulment of several AyA (Costa Rican Institute of Aqueducts and Sewers) technical reports and a declaration that article 8, rather than article 31, of the Water Law governs the setback for drilled wells. The plaintiffs argued that the AyA had wrongly applied a 200-meter protection radius under article 31 of the Water Law instead of the 40-meter operational setback set forth in article 8. During the proceedings, the AyA issued document UEN-GA-2024-00374, clarifying that for land titling purposes the 40-meter setback of article 8 applies, and that the 200-meter baseline for assessing surrounding activities is not an absolute protection area nor a public domain reservation. Because the legal dispute underpinning the action ceased to exist, the court upheld the defense of loss of current interest for the first five claims. The fourth and sixth claims were dismissed on the merits for lack of specificity and legal basis. Costs were not imposed.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1296206.json", "html_url": "/legal/doc/nexus-sen-1-0034-1296206", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1296206" }, { "id": "nexus-sen-1-0034-1296209", "citation": "Res. 04386-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Suspension of the Wildlife Conservation Law Regulation", "title_es": "Suspensión del Reglamento a la Ley de Conservación de la Vida Silvestre", "summary_en": "The Association of Wildlife Management Sites VITA EX SITU requested a precautionary measure to suspend entirely Executive Decree No. 40548 (Regulation to the Wildlife Conservation Law No. 7317), claiming it was absolutely null and caused serious harm to its members, who would lose their income by not being able to renew permits under the new rules. The Administrative Contentious Court analyzed the legal requirements under Article 21 of the Administrative Contentious Procedure Code: fumus boni iuris, periculum in mora, and balancing of interests. While it found the claim was not frivolous (fumus boni iuris), the plaintiff failed to provide adequate evidence of actual or potential serious harm, merely alleging it. In the absence of proven periculum in mora, the court could not balance interests and, protecting the public interest in wildlife conservation (constitutional rank), dismissed the precautionary measure.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "wildlife-law-7317", "procedural-environmental" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1296209.json", "html_url": "/legal/doc/nexus-sen-1-0034-1296209", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1296209" }, { "id": "nexus-sen-1-0034-1296222", "citation": "Res. 04402-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of interim injunction against solid waste transport via Route 32", "title_es": "Rechazo de medida cautelar sobre traslado de residuos sólidos por la Ruta 32", "summary_en": "The Administrative Contentious Court denied the interim injunction requested by the Municipality of Limón against Empresas Berthier Ebi de Costa Rica, S.A. and the State. The municipality sought to suspend the transport of solid waste from the Greater Metropolitan Area to the \"El Tomatal\" environmental treatment park in Limón, arguing that the transport along National Route 32 —which crosses Braulio Carrillo National Park— lacked environmental impact studies and could cause serious damage to the environment, biodiversity, and public domain assets, invoking the precautionary principle. The court examined the three requirements for injunctive relief: appearance of good right, danger in delay, and balancing of interests. It found that the appearance of good right was met under the pro actione principle, as the claim was not frivolous. However, it held that the municipality failed to prove the grave, actual or potential damage required by Article 21 of the Administrative Procedure Code. It did not provide evidence of spills, leaks, environmental harm, reduction in landfill lifespan, or tourism losses. The mere invocation of the precautionary principle does not remedy the lack of evidence of a danger of serious and irreversible damage. In balancing interests, the court prioritized public health and the environment, noting that suspending transport would worsen the waste management crisis. Since the requirements were not met, the injunction was denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "12/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1296222.json", "html_url": "/legal/doc/nexus-sen-1-0034-1296222", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1296222" }, { "id": "nexus-sen-1-0034-1296325", "citation": "Res. 04613-2025 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipal duty to oversee construction and liability for continuous damages", "title_es": "Deber de fiscalización municipal de construcciones y responsabilidad por daños continuados", "summary_en": "The First Chamber of the Supreme Court fully overturned the lower court's judgment and remanded the case to the Contentious Administrative Tribunal (Section IV) to rule on the damages claimed by the three plaintiffs —Shon Shai Tsafrir, Olga Shutaleva, and the minor Lian Tsafrir Shutaleva— against the State (Ministry of Health), the Municipality of Escazú, and several construction companies. The dispute concerns the harm suffered by the Tsafrir family due to multiple high-rise buildings constructed around their home in Urbanización Quintanar, Escazú, between 2006 and 2011. The plaintiffs claim property damage, health damage, moral damages, and loss of income stemming from the public entities' failure to oversee and control the construction projects, as well as the direct nuisances caused by the companies. The First Chamber held that the four-year statute of limitations had not expired because the harmful acts and the plaintiffs' complaints continued beyond 2007, at least until 2010, and ordered the trial court to decide on the merits of the three plaintiffs' claims for compensation, except for the part of the fourth claim based on the approval of the Regulatory Plan, which is time-barred.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1296325.json", "html_url": "/legal/doc/nexus-sen-1-0034-1296325", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1296325" }, { "id": "nexus-sen-1-0034-1296333", "citation": "Res. 04631-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inapplicability of penalty clause and contract rescission due to trust's breach", "title_es": "Improcedencia de cláusula penal y rescisión contractual por incumplimiento del fideicomiso", "summary_en": "The Administrative Appeals Court partially upholds the claim by the IDECO-RUCO-GCI Consortium against the National Bank of Costa Rica, annulling penalty clause decisions for delays in three school projects. The court finds that the trust breached its contractual duties, particularly regarding the Liceo Rural Santa Rosa project, where unforeseeable soil conditions led to prolonged suspensions not attributable to the consortium. The administration rejected valid administrative claims and failed to maintain the economic equilibrium of the contract, impairing the contractor's capacity. It orders payment for unpaid work and return of guarantees, with interest and costs to be liquidated in enforcement proceedings. The ruling reaffirms that automatic application of penalty clauses is arbitrary without excluding exonerating circumstances.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1296333.json", "html_url": "/legal/doc/nexus-sen-1-0034-1296333", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1296333" }, { "id": "nexus-sen-1-0034-1296370", "citation": "Res. 04696-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad over award of plot located in State Natural Heritage", "title_es": "Lesividad por adjudicación de parcela en Patrimonio Natural del Estado", "summary_en": "The Administrative Court upheld the INDER's lesividad action against the successors of the plot N°9 awardees in Asentamiento El Manú. The court found that the land, awarded in 1998, has forest cover and a ravine, automatically making it part of the State Natural Heritage under articles 13, 14 and 15 of Forestry Law 7575. The award was made without prior MINAE classification, voiding the act because it involves a public domain asset that is inalienable and imprescriptible. The defendants' statute of limitations objection was rejected because actions to recover public domain assets are not time-barred. The court also voided the cadastral registry entry for the site plan to prevent future misuse.", "primary_topic_id": "property-and-titling", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "20/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1296370.json", "html_url": "/legal/doc/nexus-sen-1-0034-1296370", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1296370" }, { "id": "nexus-sen-1-0034-1296470", "citation": "Res. 04854-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inapplicability of judicial-risk pay incentive for TAA officials without authorizing law", "title_es": "Improcedencia del incentivo de riesgo judicial para funcionarios del TAA sin ley que lo autorice", "summary_en": "The Contentious-Administrative Court upholds the State's 'lesividad' claim against Daniel Montero Bustabad, an official of the Environmental Administrative Tribunal (TAA). The 2009 ministerial resolution granting an 18% salary incentive for 'Risk in the exercise of judicial function' is annulled. The court finds that this recognition lacks legal basis: no law equates TAA members to those of the Judicial Branch. The interpretation of Constitutional Court ruling 1880-96 was erroneous, as it referred to the Tax Administrative Tribunal and was grounded in an express provision of the Tax Code. The exceptions of statute of limitations and prescription are rejected because the act has continuing effects. The incentive is declared inapplicable only for future payments. The defendant is not ordered to pay costs due to sufficient reason to litigate.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1296470.json", "html_url": "/legal/doc/nexus-sen-1-0034-1296470", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1296470" }, { "id": "nexus-sen-1-0034-1296531", "citation": "Res. 04964-2025 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Land Reivindication Over Springs and Water Easements in San Carlos", "title_es": "Reivindicación de tierras con nacientes y servidumbre de aguas en San Carlos", "summary_en": "The Contentious-Administrative and Civil Treasury Court, Section IV, resolved a civil proceeding involving a main claim and counterclaim over land possession and water use in San Carlos, Alajuela. Plaintiffs, owners of properties under environmental-services payment contracts, alleged the defendant companies usurped portions of their land for water intakes and pipelines without permission. Defendants argued they held water easements acquired through oral agreement and adverse possession. The Court found that the intake structures were situated within springs and streams—public-domain assets—so plaintiffs lacked standing for reivindication. Only one co-defendant had obtained a valid water concession; the other was not using the water. Both the main claim and counterclaim were dismissed, as public-domain assets are imprescriptible, and constituting an easement over a highway right-of-way is legally impossible. Costs were not awarded due to reciprocal defeat.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "26/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1296531.json", "html_url": "/legal/doc/nexus-sen-1-0034-1296531", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1296531" }, { "id": "nexus-sen-1-0034-1298340", "citation": "Res. 00400-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Order for technical accompaniment for tree felling due to failure risk", "title_es": "Orden de acompañamiento técnico para derribo de árboles por riesgo de fallo", "summary_en": "The Agrarian Court of the Second Judicial Circuit of San José, acting sua sponte to supplement Ruling No. 2025000359, orders the Central Conservation Area Biosphere Reserve Cordillera Volcánica Central (SINAC) to provide technical accompaniment to the plaintiff in the felling of trees 2 and 4, authorized due to failure risk. The Court determines that once those trees are removed, the environmental authority must technically determine the species, quantity, and site for their replacement in order to restore the ecosystem. Likewise, during the felling and pruning of the remaining trees, technical measures must be taken to avoid harm to the fauna that may inhabit them, and, if necessary, the authority shall order the plaintiff to relocate the animals that are found, within the same site. The technical measures and recommendations issued in the original ruling remain in force, and the trial court is tasked with formally communicating this order to SINAC.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "09/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1298340.json", "html_url": "/legal/doc/nexus-sen-1-0034-1298340", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1298340" }, { "id": "nexus-sen-1-0034-1298366", "citation": "Res. 00427-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory Information Proceeding in the Los Santos Forest Reserve", "title_es": "Información posesoria agraria en la Reserva Forestal Los Santos", "summary_en": "The Agrarian Court overturns the lower court ruling and approves the possessory information proceeding initiated by Luis Ricardo Calderón Madrigal over a 28,315 m² property located within the Los Santos Forest Reserve. The Procuraduría and INDER opposed the petition, arguing a lack of a written acquisition title and failure to prove ecological possession. Applying the principle of free evaluation of evidence under agrarian law (Article 54 of the repealed Agrarian Jurisdiction Law), the Court finds that the petitioner proved a chain of possession dating back to 1955 through witness testimony, thus satisfying the requirement of ten-year possession prior to the creation of the reserve in 1975. Furthermore, it holds that ecological possession was demonstrated, as the property has been used for agroforestry (coffee and grenadilla cultivation) and forest conservation, with no evidence of environmental damage. The Court orders registration in the property registry free of liens, subject to legal reserves and environmental restrictions.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "20/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1298366.json", "html_url": "/legal/doc/nexus-sen-1-0034-1298366", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1298366" }, { "id": "nexus-sen-1-0034-1298367", "citation": "Res. 00428-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Failure to Consider Brucellosis Voids Agrarian Precautionary Measure", "title_es": "Omisión de valorar brucelosis anula medida cautelar agraria", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José reviewed an appeal against an atypical precautionary measure issued in an agrarian possessory action. The trial court had ordered the defendant to provide copies of the keys to the farm gate so that the plaintiff and her workers could attend to the cattle. The defendant argued that the resolution failed to conduct a prior judicial inspection, did not assess the alleged presence of brucellosis in the herd—which could imply a sanitary quarantine—and ignored the opposition arguments. The Tribunal found that the judge breached the duty to evaluate evidence, particularly the alleged brucellosis, which affects the right of defense and public health. In environmental and public health matters, agrarian judges are required to adopt a proactive stance in defense of the population's superior interests. Consequently, the precautionary ruling was annulled, and the trial court was ordered to conduct a judicial inspection, coordinate with SENASA to verify the existence of a brucellosis quarantine, and, with those elements, resolve the precautionary measure anew.", "primary_topic_id": null, "topic_ids": [], "date": "20/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1298367.json", "html_url": "/legal/doc/nexus-sen-1-0034-1298367", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1298367" }, { "id": "nexus-sen-1-0034-1298372", "citation": "Res. 00433-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cutting of Guapinol tree due to future moderate risk", "title_es": "Corta de árbol Guapinol por riesgo moderado futuro", "summary_en": "The Agrarian Tribunal upholds the ruling ordering the defendant to cut down a Guapinol tree on her property, at the request of her neighbor who claimed danger to her home and passersby. Although the SINAC technical report indicated no imminent risk or current disease, it found the tree’s root collar was buried, compromising future stability due to potential pathogen entry, with risk of falling. The court weighed the tree’s height (11 m), crown spread (16 m), tilt toward a public road, and high occupancy of homes and traffic in the area. It held that, despite no immediate danger, the future risk justifies the measure to protect life, integrity, and property. It applied Article 108 of the Civil Procedure Code (summary process for tree felling due to threat) and constitutional principles prioritizing the right to life over other interests.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "21/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1298372.json", "html_url": "/legal/doc/nexus-sen-1-0034-1298372", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1298372" }, { "id": "nexus-sen-1-0034-1298406", "citation": "Res. 00469-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Adverse possession titling inside a National Wildlife Refuge", "title_es": "Titulación por usucapión dentro de Refugio Nacional de Vida Silvestre", "summary_en": "The Agrarian Tribunal overturns the lower court and approves the possessory information of Comercial Super Unión Ltda. over a pastureland located within the Barra del Colorado National Wildlife Refuge. The court finds that the company and its predecessors have exercised decennial possession since before 1975, ten years prior to the refuge’s creation in 1985, satisfying Article 7 of the Possessory Information Law. It weighs that livestock and agricultural activities are compatible with the refuge’s founding decree, whose Article 9 does not forbid such pre-existing uses but instead offers technical assistance. It cites Constitutional Chamber precedent (vote 4587-97) requiring proof of adverse possession before the area’s designation as public domain. The tribunal stresses that titling does not exempt the owner from complying with the refuge’s management plan and environmental limitations under the Biodiversity Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "wildlife-law-7317" ], "date": "29/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1298406.json", "html_url": "/legal/doc/nexus-sen-1-0034-1298406", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1298406" }, { "id": "nexus-sen-1-0034-1298689", "citation": "Res. 00131-2025 Tribunal de Apelación Civil y Trabajo Cartago Sede Cartago Materia Laboral", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Worker's Unilateral Resignation Precludes Employer Liability", "title_es": "Renuncia unilateral del trabajador descarta responsabilidad patronal", "summary_en": "The Cartago Civil and Labor Appeals Court affirmed the dismissal of Juan Carlos Gómez Rodríguez's labor claims against several Marvi Group companies. The worker sought severance, overtime, wage differences, and damages, alleging dismissal with employer liability. The court found the employment ended by the worker's unilateral resignation: he sent a WhatsApp message in June 2022 terminating the relationship and failed to return to work after the last contract suspension authorized by the Ministry of Labor. Evidence showed he blocked employer communications and ignored calls to receive suspension notices, acting in bad faith. Regarding overtime, the plaintiff did not clearly specify daily hours and work performed, and witness and documentary evidence did not support the claim. The worker was ordered to pay 15% of the absolved amount in legal costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1298689.json", "html_url": "/legal/doc/nexus-sen-1-0034-1298689", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1298689" }, { "id": "nexus-sen-1-0034-1298865", "citation": "Res. 03682-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "ARESEP charging AyA the regulatory fee for ASADAS", "title_es": "Cobro del canon regulatorio de ASADAS por ARESEP al AyA", "summary_en": "The Administrative Court resolved a lawsuit filed by the Costa Rican Institute of Aqueducts and Sewers (AyA) against the Regulatory Authority for Public Services (ARESEP). AyA sought an order for ARESEP to stop charging the regulatory fee corresponding to the ASADAS (community water and sewer associations) and to reimburse payments made since 2009. ARESEP charged the fee to AyA on the grounds that AyA is the service holder. The Court held that under the ASADAS Exemption Law (Law 8776), these associations are exempt from all fees, including the regulatory fee, since its enactment in 2009, as clarified by the 2021 amendment. It found that shifting this cost to AyA’s tariffs violates the principle of legality and the cost-of-service principle. The claim was partially granted, with the defense of prescription upheld for payments before October 23, 2016. ARESEP was ordered to stop the charge and reimburse AyA for payments from Q3 2016 to Q2 2020 plus interest. AyA must return those funds to users as a discount on future bills.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1298865.json", "html_url": "/legal/doc/nexus-sen-1-0034-1298865", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1298865" }, { "id": "nexus-sen-1-0034-1299140", "citation": "Res. 03787-2025 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lapse of Administrative Procedure and Revocation of Parcel Allocation in Forested Area within Protected Zone", "title_es": "Caducidad y revocatoria de adjudicación en parcela con cobertura forestal y zona protectora", "summary_en": "The Administrative Appeals Court Section V denied the lawsuit filed by José Torres Cerdas and María Ester Alvarado Alvarado against INDER, which sought the expiration of the revocation procedure for the allocation of parcel No. 28 in the Altamira Settlement, Upala, as well as the annulment of related administrative and judicial acts and the transfer of ownership. The Court found that administrative lapse did not occur because the procedure was not paralyzed for more than six months due to the administration's fault; rather, upon discovering new facts—illegal sale of part of the parcel and repeated breaches of natural resource conservation rules—it was correctly restarted with expanded charges. It considered unjustified abandonment, unauthorized partial sale, and illegal logging within the Miravalles Protected Zone to be proven, so the revocation complied with Articles 67 and 68 of the Land and Colonization Law (Law 2825). Claims for damages were rejected, with plaintiffs' lack of right declared and costs imposed on them.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "22/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1299140.json", "html_url": "/legal/doc/nexus-sen-1-0034-1299140", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1299140" }, { "id": "nexus-sen-1-0034-1299432", "citation": "Res. 03977-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "CCJ and Unions’ Liability for Preliminary Investigation of Medical Director", "title_es": "Responsabilidad de la CCSS y sindicatos por investigación preliminar a directora médica", "summary_en": "The Administrative Court rejected the claim for moral and material damages by a medical director against the Costa Rican Social Security Fund (CCSS) and seven unions. The plaintiff alleged an unjustified preliminary investigation and forced vacation caused her emotional and financial harm. The CCSS conducted the investigation after union complaints of labor practices, and the final report cleared her. The Court held that the CCSS acted lawfully, the investigation did not harm her legal standing, and no objective liability arose from the vacation order since its annulment was not sought. Regarding unions, no malice or fault was proven; their actions were legitimate collective representation. Lack of right was upheld, and the plaintiff was ordered to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1299432.json", "html_url": "/legal/doc/nexus-sen-1-0034-1299432", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1299432" }, { "id": "nexus-sen-1-0034-1299452", "citation": "Res. 03991-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lapse of environmental precautionary measure due to plaintiff inactivity", "title_es": "Caducidad de medida cautelar ambiental por inactividad del actor", "summary_en": "The Administrative and Civil Tax Court declares, sua sponte, the lapse of a precautionary measure filed by Alex Gustavo Campos Rojas against the Municipality of Garabito. The plaintiff sought an order for the municipality to take provisional measures to minimize environmental impact but failed to comply with the requirement to submit copies for notifying the respondent entities. After more than a year of procedural inactivity attributable to the plaintiff, the court applies Articles 112 bis and 112 ter of the Administrative Procedure Code, which establish that precautionary measures lapse after three months of inactivity caused by the applicant. The ruling emphasizes that lapse is an abnormal form of terminating the proceeding, punishing the plaintiff's negligence and preventing indefinite prolongation of cases, thus safeguarding legal certainty and effective judicial protection. The file is archived without a costs order.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1299452.json", "html_url": "/legal/doc/nexus-sen-1-0034-1299452", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1299452" }, { "id": "nexus-sen-1-0034-1303044", "citation": "Res. 05188-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Flooding from culverted creek not attributable to municipal negligence", "title_es": "Inundaciones por entubamiento de quebrada no atribuibles a negligencia municipal", "summary_en": "The Administrative-Contentious Tribunal denies a property owner's claim against the Municipality of Garabito for flooding on his property in Herradura. The plaintiff alleged that the Municipality negligently authorized construction of the Arenas Condominium without providing for the increased stormwater and sewage flows this development would cause, leading to overflow of the drain in front of his property. The Tribunal finds that the Municipality acted diligently, requiring and approving technical studies, the SETENA environmental viability permit, and water-management infrastructure (retention ponds, treatment plant). It also confirms that an intermittent stream named Quebrada Sin Nombre crosses the plaintiff's property, that this watercourse is public domain per multiple rulings by the MINAE Water Directorate, and that the flooding problem originates from the culverting of that stream at the entrance to the plaintiff's land – work not attributable to the Municipality – which reduced its discharge capacity. The defense of lack of right is sustained and the lawsuit is dismissed in its entirety, with costs imposed on the plaintiff.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1303044.json", "html_url": "/legal/doc/nexus-sen-1-0034-1303044", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1303044" }, { "id": "nexus-sen-1-0034-1308164", "citation": "Res. 00264-2025 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict civil liability for environmental damage despite criminal acquittal", "title_es": "Responsabilidad civil objetiva por daño ambiental tras absolución penal", "summary_en": "The Guanacaste Criminal Appeals Court reviewed a ruling that acquitted a defendant of invasion of a protected area and water-related crimes, yet upheld a civil damages claim against the company owning the property, ordering payment of ₡15,230,131.40 for environmental and water damage and restoration of the site. The company's lawyer appealed, arguing the damaging works existed before purchase and challenging the quantum. The Appeals Court dismissed both grounds: evidence showed the works—a channel, a cement wall, and a pit for a watering hole in the protection zone of a stream—were recent; damages were based on a SINAC-MINAE technical report admissible under the principle of freedom of proof. It confirmed that criminal acquittal does not bar civil liability based on strict liability, citing Constitutional and Supreme Court precedents.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "24/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1308164.json", "html_url": "/legal/doc/nexus-sen-1-0034-1308164", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1308164" }, { "id": "nexus-sen-1-0034-1308277", "citation": "Res. 05320-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Injunctive Relief for Lack of Fumus Boni Iuris and Periculum in Mora in Hacienda Miraflores Construction", "title_es": "Rechazo de medida cautelar por falta de fumus boni iuris y periculum in mora en construcción en Hacienda Miraflores", "summary_en": "The Administrative Court denies the injunctive relief sought by Roberto Iglesias Mora on behalf of the diffuse interests of the Hacienda Miraflores Owners Association against the National Power and Light Company (CNFL) and José Luis Madrigal Villalobos. The petitioner sought to prevent CNFL from connecting electricity service and to bar Madrigal Villalobos from further construction on his plot, alleging illegal construction causing environmental harm. The court relies on the lack of fumus boni iuris, finding the claim reckless and lacking seriousness, as CNFL had not approved any connection and lacks authority over construction matters. Furthermore, it finds no showing of periculum in mora: the evidence —complaints, photos, and plans— does not prove grave actual or potential harm to the environment, wildlife, or aquifers, absent technical criteria. In balancing interests, the public interest in legal certainty prevails. No award of costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "02/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1308277.json", "html_url": "/legal/doc/nexus-sen-1-0034-1308277", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1308277" }, { "id": "nexus-sen-1-0034-1308341", "citation": "Res. 05434-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Expiry of Tax Procedure and Rejection of Sales Incentives", "title_es": "Caducidad del procedimiento tributario y rechazo de incentivos en ventas", "summary_en": "The Administrative Court denies the claim of Eaton Electrical S.R.L. against the State regarding the 2017 income tax determination. The plaintiff argued the expiry of the tax procedure under Article 340 of the General Public Administration Act due to inactivity exceeding six months, violation of the principle of notification and due process by requesting additional evidence, and substantive defects in the rejection of sales incentive discounts. The Court holds that expiry does not apply to tax procedures by express exclusion in Article 367.2.d of the LGAP, and there was no change in the grounds for determination or violation of the alleged principles. It upholds the legality of the discount adjustment for non-compliance with the requirements of Article 9(b)(5) of the Income Tax Law Regulation, in force at the time of the audit, and the proper reclassification of income from drop shipments.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1308341.json", "html_url": "/legal/doc/nexus-sen-1-0034-1308341", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1308341" }, { "id": "nexus-sen-1-0034-1308446", "citation": "Res. 05608-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Indemnification Set for Land Occupied by State Levee in High-Risk Zone and Forest Setback", "title_es": "Fijación de indemnización por terreno ocupado por dique estatal en zona de alto riesgo y retiro forestal", "summary_en": "In the sentence enforcement phase, the Administrative Court set the indemnification value for two portions of a property in Puntarenas (folio 73.211-000) occupied by a levee built by the National Emergency Commission and the strip between the levee and the Parrita River. The original judgment ordered the State and CNE to compensate for these areas, considering limitations under Article 33 of the Forestry Law, the Parrita Zoning Plan (which classifies the zone as high-risk), and the increase in value of the area protected by the levee. The court accepted the expert appraisal of Engineer Rodríguez Cruz, which set a total value of ₡19,320,031.04 using the market approach and deducting the enhanced-area increase. It rejected objections from the State and CNE about inconsistencies in comparables and inclusion of forest setback zones, noting they provided no contrary technical evidence. It also set personal and procedural costs, denied cassation and enforcement costs, and ordered the indemnified land be registered in the State's name.", "primary_topic_id": null, "topic_ids": [], "date": "09/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1308446.json", "html_url": "/legal/doc/nexus-sen-1-0034-1308446", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1308446" }, { "id": "nexus-sen-1-0034-1308510", "citation": "Res. 05724-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of precautionary suspension of sanitary order regarding Los Pinos landfill", "title_es": "Rechazo de suspensión cautelar de orden sanitaria por relleno sanitario Los Pinos", "summary_en": "The Administrative Contentious Court denied the precautionary measure requested by the Municipality of Cartago to suspend the sanitary order issued by the Ministry of Health, which required it to carry out maintenance works at the Los Pinos landfill. The Municipality argued that the technical and legal responsibility for the landfill belonged to WPP Continental Los Pinos S.A. and that the order caused it serious economic harm. The Court found that the precautionary claim lacked the structural elements of provisionality and instrumentality, as it would have resolved the core dispute between the Municipality, WPP, and the State over who is responsible for the site's maintenance. Furthermore, it held that the existence of serious damage was not sufficiently proven, since the reports submitted by the Municipality were not suitable or quantified evidence of the alleged harm. In balancing the interests, the public interest in protecting health and the environment prevailed, applying the reinforced precautionary principle, given the evidence of contamination and abandonment of the landfill.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "art-50-constitution" ], "date": "11/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1308510.json", "html_url": "/legal/doc/nexus-sen-1-0034-1308510", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1308510" }, { "id": "nexus-sen-1-0034-1308522", "citation": "Res. 05746-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Price Adjustment for Interferences in Public Works — Denial for Lack of Administrative Claim", "title_es": "Reajuste de precios por interferencias en obra pública — Rechazo por falta de gestión administrativa", "summary_en": "The Administrative Court rejected the claim of CODOCSA S.A. against the Costa Rican Institute of Aqueducts and Sewers (AyA). The company sought ₡1.598 million for an alleged financial imbalance in the contract for the construction of secondary sewer networks in the Environmental Improvement Project of the San José Metropolitan Area, claiming the existence of 504 interferences (pipes not shown on plans) during execution. The court dismissed the suit, upholding the defense of lack of right, for three reasons: (1) the plaintiff never filed an administrative claim for price adjustment, thus failing to follow the procedure under Article 31 of the Regulation to the Public Procurement Law; (2) the existence and impact of the alleged interferences were not proven, as only a unilateral list was provided without logs or certifications; (3) the expert evidence and the ‘Detektor’ GPS system were insufficient to quantify the cost overruns. Furthermore, the court emphasized that the bidding documents warned about the inaccuracy of the plans and obligated the contractor to verify site conditions, bearing the cost of repairs and relocations. The plaintiff was ordered to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1308522.json", "html_url": "/legal/doc/nexus-sen-1-0034-1308522", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1308522" }, { "id": "nexus-sen-1-0034-1308594", "citation": "Res. 05861-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Amparo de legalidad for right of petition against Municipality of Goicoechea", "title_es": "Amparo de legalidad por derecho de petición ante Municipalidad de Goicoechea", "summary_en": "The Asociación de Protección Ambiental Valle Verde filed an amparo de legalidad against the Municipality of Goicoechea, claiming a violation of the right of reply regarding petitions submitted on November 9, 2021 and July 8, 2024. During the proceedings, the municipality answered the complaint and proved it had responded via official letters MG-AG-02255-2025 and MG-AG-02256-2025, both dated April 21, 2025. The Tribunal Contencioso Administrativo y Civil de Hacienda found that while the administration exceeded legal deadlines to resolve (Article 261 of the General Public Administration Law), it ceased its inactivity by issuing a response. The court therefore dismissed the lawsuit and ordered its closure, without awarding damages, court costs, or attorney fees, having found sufficient cause to litigate.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1308594.json", "html_url": "/legal/doc/nexus-sen-1-0034-1308594", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1308594" }, { "id": "nexus-sen-1-0034-1308611", "citation": "Res. 05883-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Legality of tax assessment for public-utility association", "title_es": "Legalidad de la determinación tributaria a asociación de utilidad pública", "summary_en": "The ruling addresses a lawsuit filed by the Asociación Centro Cultural Costarricense Norteamericano (CCCN), a public-utility association, against the State. The court examines two sets of administrative acts: the income tax assessment for fiscal year 2007, which questioned the investment of surpluses abroad and certain scholarship programs, and the denial of the renewal of authorization to receive deductible donations. Regarding the first issue, the court finds that the Tax Administration acted lawfully in determining that the association failed to meet the requirements of article 3, subsection ch) of the Income Tax Law, by not allocating all its income exclusively to public or charitable purposes. The court distinguishes between the public-interest declaration—which was not revoked—and the tax exemption, which is subject to additional conditions. As to the second claim, the court annuls the resolutions that denied the renewal for receiving donations, holding that the Tax Administration exceeded its powers by scrutinizing the purposes and operation of an association already classified as public-utility, a situation for which the law does not impose such additional verification. The lawsuit is partially granted, with no award of costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1308611.json", "html_url": "/legal/doc/nexus-sen-1-0034-1308611", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1308611" }, { "id": "nexus-sen-1-0034-1308619", "citation": "Res. 05895-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of gas station remodeling permit due to expired concession", "title_es": "Nulidad de permiso constructivo para remodelación de gasolinera por vencimiento de concesión", "summary_en": "The Administrative Contentious Court upheld the lesividad action filed by the Municipality of Orotina against Las Doce Tablas S.A., annulling construction permit No. MO-DPDT-CU-PC-121-2018 granted on July 30, 2018, for the remodeling and replacement of fuel tanks at the \"Bomba Orotina\" service station. The ruling finds the administrative act absolutely null due to procedural and substantive defects, as the prior approval of construction plans by the General Directorate of Fuel Transport and Marketing (DGTCC) of the Ministry of Environment and Energy (MINAE) was not obtained, as required by Executive Decree No. 30131. It is proven that the DGTCC rejected the approval due to the applicant's lack of standing and the expiration of the concession. The Court determines that the omission of this essential environmental and safety requirement renders the permit absolutely null. Since the one-year deadline for declaring lesividad had already passed, and the act produces continuous effects, the annulment only applies prospectively (non-applicability for the future). The defendant is ordered to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "16/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1308619.json", "html_url": "/legal/doc/nexus-sen-1-0034-1308619", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1308619" }, { "id": "nexus-sen-1-0034-1308692", "citation": "Res. 05999-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of damages for unfulfilled promise of a self-managed cooperative", "title_es": "Improcedencia de indemnización por incumplimiento de promesa de cooperativa autogestionaria", "summary_en": "The Administrative Contentious Court dismissed the claim of José Luis Conejo Leitón against the State and INFOCOOP, which sought material and moral damages for the alleged breach of promises to hand over Ingenio Atirro to a self-managed cooperative of former workers. The majority held that there was no binding promise, but a conditional alternative dependent on external factors, and that subsequent actions (training, feasibility study) did not constitute an enforceable legal commitment. The violation of legitimate expectations was ruled out, as the actor's expectations did not reach the level of 'reinforced legitimate interest'. Defenses of prescription and settlement were dismissed, but the defense of lack of right was granted, with no cost order because there was sufficient reason to litigate. A dissenting vote upheld lack of standing, omitting any ruling on the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1308692.json", "html_url": "/legal/doc/nexus-sen-1-0034-1308692", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1308692" }, { "id": "nexus-sen-1-0034-1308784", "citation": "Res. 06161-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of nullity of permits in Loma Salitral buffer zone due to lack of cartographic delimitation", "title_es": "Rechazo de nulidad de permisos en zona de amortiguamiento de Loma Salitral por falta de delimitación cartográfica", "summary_en": "The Administrative Court denies the claims of the Salvemos las Lomas Association against the State, the Municipality of Desamparados, INVU, and Urbanizadora La Laguna. The plaintiff sought to annul the permits for the La Arboleda housing project, alleging it fell within the buffer zone of Loma Salitral, protected by the GAM Regional Urban Development Plan (Decree 25902) and the Desamparados Territorial Plan. The Court held that the buffer zone was never precisely delimited: the required maps were not published, and its boundaries are imprecise, relying on a never-built road. Expert evidence confirmed it was impossible to determine with certainty whether the project sits within that area. Additionally, the Court found the legal action time-barred with respect to the municipal and SETENA decisions, whose prior administrative challenges had exhausted remedies with no judicial filing within the one-year deadline. The claim is dismissed in full, and the plaintiff is ordered to pay costs.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "23/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1308784.json", "html_url": "/legal/doc/nexus-sen-1-0034-1308784", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1308784" }, { "id": "nexus-sen-1-0034-1308832", "citation": "Res. 06229-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Non-payment of fees due to irregular contracting without challenging the denial", "title_es": "Improcedencia de pago de honorarios por contratación irregular sin impugnación del acto denegatorio", "summary_en": "The contentious-administrative court dismissed the claim of a civil engineer who sought payment of the final installment of his fees as manager of educational infrastructure works, plus moral damages. The plaintiff had been hired by the Administrative Board of the Liceo Santo Domingo to supervise the construction of a building and complementary works. During execution, he made contractual extensions exceeding 50% of the original amount in some items without requesting authorization from the Comptroller General, which led the Directorate of Educational Infrastructure and Equipment (DIEE) to refuse to endorse his final payment on the grounds of irregular contracting. Although the plaintiff unsuccessfully sought annulment of that decision at the administrative level, his judicial complaint failed to expressly challenge the administrative act that denied payment. The court held that since the validity of that act was not contested, it retained its presumption of legality, making it impossible to address the financial claims. The defenses of lack of right were upheld and costs were imposed on the plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1308832.json", "html_url": "/legal/doc/nexus-sen-1-0034-1308832", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1308832" }, { "id": "nexus-sen-1-0034-1309052", "citation": "Res. 00737-2025 Tribunal de Apelación de Trabajo de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Salary differences denied for failing to meet higher position requirements", "title_es": "Improcedente pago de diferencias salariales al no cumplir requisitos del puesto superior", "summary_en": "The Labor Appeals Tribunal of San José affirms the lower court's dismissal of Laura Aguilar Soto's claim against the Costa Rican Institute of Aqueducts and Sewers (AyA). The plaintiff sought salary differences for performing duties as Director of the Contracts Unit from February 2013 to January 2015 without receiving the corresponding pay. The Tribunal holds that, although the plaintiff holds a law degree, she failed to prove the required experience in construction processes and supervision related to the position, as mandated by the AyA's Job Manual. The ruling applies the constitutional principle of proven suitability (Article 192 of the Constitution) and the legality principle: public funds cannot be used to pay salaries for a position whose requirements are not met, even if the duties were performed. Precedents from the Second Chamber and the Constitutional Chamber confirm that public employment demands compliance with established job profiles to ensure efficiency and budgetary legality.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1309052.json", "html_url": "/legal/doc/nexus-sen-1-0034-1309052", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1309052" }, { "id": "nexus-sen-1-0034-1309208", "citation": "Res. 06347-2025 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ruling 06347-2025 Administrative Court Sec. III on EEESA contract", "title_es": "Resolución Nº 06347-2025 Tribunal Contencioso Secc. III sobre contrato EEESA", "summary_en": "The Administrative Litigation Court, Section III, hears a claim by the IDECO-RUCO-GCI Consortium against the BNCR-MEP Trust (Law 9124) regarding the design, construction, and equipping of the Santa Ana Special Education School. The Consortium seeks payment of outstanding milestones (mechanical systems and equipment), annulment of a penalty clause, and return of performance guarantees, alleging breach by the Trust. The Trust argues the Consortium abandoned the works unfinished. The Court examines the turnkey contract, the precedence of contractual documents, and each party’s obligations. It finds the Consortium failed to prove that claimed additional works were outside the design plans or that administrative claims were filed within the contractual 28-day limit. The Court rules against the Consortium on all counts, orders it to pay costs, and revokes the interim measure suspending enforcement of the penalty clause.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1309208.json", "html_url": "/legal/doc/nexus-sen-1-0034-1309208", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1309208" }, { "id": "nexus-sen-1-0034-1309255", "citation": "Res. 06452-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Horse ownership in urban growth zone in Mora", "title_es": "Tenencia de caballos en zona de crecimiento urbano en Mora", "summary_en": "The Administrative Court, acting as an improper municipal hierarchical authority, heard the appeal filed by Ingread Fournier Cruz against the Municipality of Mora's decision denying land use for horse ownership on her property. The appellant argued that the Regulatory Plan permitted such activity as part of traditional agricultural use, but the municipality deemed it non-conforming because it is located in an urban growth zone. The Court analyzed whether there was a vested right or consolidated legal situation under Constitutional Chamber ruling 2010-21258, which limited the effects of declarations of unconstitutionality of Regulatory Plan norms, protecting only those who already had approved permits or completed constructions. Since the appellant did not prove she had any prior permit, urban license, or resolution enabling horse ownership before the Regulatory Plan took effect, the Court upheld the municipal decision and dismissed the appeal.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "30/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1309255.json", "html_url": "/legal/doc/nexus-sen-1-0034-1309255", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1309255" }, { "id": "nexus-sen-1-0034-1309263", "citation": "Res. 06461-2025 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Compensation for Good-Faith Non-Indigenous Owner Within Térraba Indigenous Territory", "title_es": "Indemnización a propietario no indígena de buena fe dentro de territorio indígena Térraba", "summary_en": "The Administrative Contentious Court, Section V, rules in favor of Pedro García Murillo, a non-indigenous owner of a 272-hectare farm within the Térraba Indigenous Territory. The judgment finds the plaintiff to be a good-faith acquirer, because ITCO (now INDER) itself created and sold the property in 1973 without any registry annotation linking it to an indigenous reserve. For 46 years, neither INDER nor CONAI physically demarcated the territory or made the corresponding cadastral and registry entries, allowing multiple transfers, mortgages, and forestry encumbrances. The court rejects the state’s defenses of inalienability and nullity of title, holding that the very institutions now invoking these protections themselves disregarded the applicable norms and their omissions cannot now be used to harm third parties acting in good faith. INDER is ordered to compensate the full value of the property and, together with CONAI, to subsequently transfer it to the appropriate indigenous association once payment is made.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "property-and-titling" ], "date": "30/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1309263.json", "html_url": "/legal/doc/nexus-sen-1-0034-1309263", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1309263" }, { "id": "nexus-sen-1-0034-131091", "citation": "Res. 00725-2000 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Criminal liability of an air traffic controller in a mid-air collision during visual flight at Pavas", "title_es": "Responsabilidad penal del controlador aéreo en colisión durante vuelo visual en Pavas", "summary_en": "The Third Chamber of the Supreme Court of Justice dismisses the three cassation appeals filed against the acquittal of José Leonardo Guillén Valverde and Ronald Zúñiga Masís, accused of negligent homicide following a mid-air collision at the Tobías Bolaños International Airport (Pavas). The airport lacks radar and operates exclusively under visual flight rules (VFR), a regime in which the responsibility for maintaining separation between aircraft and avoiding collisions rests with the pilots — not the controller, whose duty is limited to advising of conflicting traffic and who lacks the technical means to detect positions precisely. The Court upholds the trial judges’ assessment of the evidence, finding no defect in reasoning, and reinforces that the principle of confidence — and the impossibility of demanding the unfeasible — preclude a criminal finding against Zúñiga Masís, confirming the full acquittal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/06/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0034-131091.json", "html_url": "/legal/doc/nexus-sen-1-0034-131091", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-131091" }, { "id": "nexus-sen-1-0034-131099", "citation": "Res. 00733-2000 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Criminal liability for water contamination with agrochemicals in a spring", "title_es": "Responsabilidad penal por contaminación de agua con agroquímicos en naciente", "summary_en": "The Third Chamber of the Supreme Court of Costa Rica rejects a cassation appeal against a conviction for the crime of corruption of food or medicinal substances (Article 261 of the Penal Code). The defendant was found guilty of applying a highly toxic nematicide (Contex or Biofox) to the roots of coffee plants planted along the bank of a spring that supplied water to the community of San Rafael de Tarrazú. The court confirms that the testimonial evidence was sufficient to prove both the application of the product and its toxicity, emphasizing that Costa Rica's criminal system is governed by the principle of freedom of evidence and that expert evidence is not required to sustain a conviction. It further clarifies that Article 261 defines a crime of concrete danger, meaning that it is enough for the conduct to be capable of creating a risk to public health, without any need for actual harm to occur. The Chamber dismisses the arguments regarding violation of sound judicial reasoning and the in dubio pro reo principle, and upholds the five-year prison sentence.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "30/06/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0034-131099.json", "html_url": "/legal/doc/nexus-sen-1-0034-131099", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-131099" }, { "id": "nexus-sen-1-0034-1315849", "citation": "Res. 01199-2025 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial conviction for water usurpation and illegal logging on private property", "title_es": "Condena parcial por usurpación de aguas y aprovechamiento forestal en propiedad privada", "summary_en": "The Juvenile Criminal Appeals Court ruled on an appeal against a conviction for two counts of water usurpation and illegal logging on private property, acquitting the accused of protected area invasion. The appeal contested the concurrence of offenses, sentencing rationale, evidence assessment, and civil liability for environmental damage. The court partially granted the appeal, reducing the prison term from 10 to 4 months per water usurpation count (8 months total), but upheld the logging conviction, civil damages, and demolition orders. It reaffirmed that objective environmental liability does not require intent or negligence, as long as a causal link exists between the risky activity tolerated by the property owner and the damage.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "21/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1315849.json", "html_url": "/legal/doc/nexus-sen-1-0034-1315849", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1315849" }, { "id": "nexus-sen-1-0034-1316454", "citation": "Res. 01214-2025 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Restitution to prior state in usurpation offense requires civil action", "title_es": "Restitución de cosas a estado anterior en delito de usurpación requiere acción civil", "summary_en": "The Criminal Sentencing Appeals Tribunal of the Second Judicial Circuit of San José reviews an appeal against an acquittal for usurpation of the maritime-terrestrial zone. The trial court acquitted the defendants but, on its own motion, ordered eviction and demolition of structures built without a concession in the restricted zone. The appellate tribunal examines the application of Law 6043 on the Maritime-Terrestrial Zone and its amendments (Law 10489), finding that the defendants do not qualify as 'occupants' or 'settlers' under that law, as they were born after 1977. However, by majority, the appeal is partially granted: the order for demolition and eviction issued sua sponte is revoked, because restitution to the prior state, as a civil consequence of the offense, requires the filing of a civil compensation action and cannot be ordered ex officio in criminal proceedings. The matter is referred to the civil courts. One judge dissents, arguing that the measure is a procedural consequence of effective judicial protection. The acquittal remains final.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "23/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1316454.json", "html_url": "/legal/doc/nexus-sen-1-0034-1316454", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1316454" }, { "id": "nexus-sen-1-0034-1319312", "citation": "Res. 00515-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction for tree-felling interdict in Piedras Blancas National Park", "title_es": "Competencia en interdicto de derribo en Parque Nacional Piedras Blancas", "summary_en": "The Agrarian Court approves the jurisdictional challenge declared by the Agrarian Court of Turrialba in a tree-felling interdict concerning trees located within Piedras Blancas National Park, a public domain asset. The plaintiff, a private individual, sought the cutting of trees that posed a danger to passersby. The Court analyzes material jurisdiction under Article 108 of the Biodiversity Law, which establishes as an exception to agrarian jurisdiction cases involving public domain assets. Since the trees are in a protected wilderness area under a management category that does not admit private property, and the proceedings involve state interests, jurisdiction lies with the contentious-administrative courts. This is distinguished from prior cases where the interdict was brought between private parties or on private land, in which agrarian jurisdiction was appropriate.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "_off-topic" ], "date": "11/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1319312.json", "html_url": "/legal/doc/nexus-sen-1-0034-1319312", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1319312" }, { "id": "nexus-sen-1-0034-1319389", "citation": "Res. 00554-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ecological possession in possessory information within a protected zone", "title_es": "Posesión ecológica en información posesoria dentro de zona protectora", "summary_en": "The Agrarian Court confirms the lower court ruling approving a possessory information proceeding over a 99,500 m² property located entirely within the Río Navarro-Río Sombrero Protected Zone (established in 1984). Despite opposition from the Attorney General's Office, the court conducts a comprehensive evidentiary analysis of witness testimony, a soil study, a judicial site inspection, and a photointerpretation forest cover study. It finds that the applicant and his predecessors have exercised decennial possession since at least 1973, with a proven chain of possession, and that this possession has been ecological—focused on conserving forest vegetation, soil, and water resources, with no evidence of logging, timber extraction, or land-use change. The ruling emphasizes that existing agricultural and grazing activities do not inherently conflict with the protective zone’s purposes, and that no environmental violations were proven. The court applies the agrarian procedural principle of free evidentiary assessment to integrate all proof and dismiss the appeal's grievances.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "19/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1319389.json", "html_url": "/legal/doc/nexus-sen-1-0034-1319389", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1319389" }, { "id": "nexus-sen-1-0034-1319443", "citation": "Res. 00581-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Special agrarian usucapion based on state of necessity", "title_es": "Usucapión especial agraria por estado de necesidad", "summary_en": "The Agrarian Tribunal reversed the lower court’s decision that had denied the special agrarian usucapion to a woman who had occupied land registered to third parties for over ten years. The Tribunal found that the plaintiff entered the property in 2005 in a state of necessity, after separating from an abusive husband and becoming the head of household with small children, without housing or means of support. During her possession, she carried out subsistence agricultural activities including diverse crops (yucca, plantain, fruit trees, coconuts), raising laying hens, and selling food, combined with family housing. The Tribunal emphasized that special agrarian usucapion under Articles 92 and 101 of the Land and Colonization Law does not require large-scale production or a transfer of title document, as the need for food and family agricultural work replaces the good faith and just title of ordinary usucapion. The absence of a precarious possession declaration by INDER does not preclude judicial analysis, since once a decennial possession is alleged the administrative path is exhausted and it falls to the courts to decide. The Tribunal ordered segregation and registration of the land in favor of the plaintiff, with costs awarded against the defendant. The decision reaffirms the protection of precarious possession as a mechanism for access to agrarian property to guarantee the social function of land and food security for vulnerable families.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "25/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1319443.json", "html_url": "/legal/doc/nexus-sen-1-0034-1319443", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1319443" }, { "id": "nexus-sen-1-0034-1319488", "citation": "Res. 00606-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Special Agrarian Usucaption Granted Based on State of Necessity", "title_es": "Usucapión agraria especial procede por estado de necesidad", "summary_en": "The Agrarian Tribunal reversed the trial court’s denial of a special agrarian usucaption claim and instead granted the claim to Pedro José Cerdas Cortés. The Tribunal found that Cerdas entered the land in 2006 out of a clear state of necessity to provide for his own subsistence and that of his family, and has maintained continuous, public, peaceful, and uninterrupted possession for over ten years. Evidence showed he cultivated yuca, plantains, coconuts, and avocados for self-consumption and local sale, constituting subsistence agrarian activity under Article 92 of the Lands and Colonization Law. The ruling highlights that neither just title nor good faith is required, as necessity substitutes for both. The court also rejected the argument concerning the lack of an administrative declaration from INDER, holding that decennial possession allowed direct judicial recourse. The Tribunal ordered segregation and registration of the parcel in the claimant’s name and upheld the absence of a cost award.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1319488.json", "html_url": "/legal/doc/nexus-sen-1-0034-1319488", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1319488" }, { "id": "nexus-sen-1-0034-1319501", "citation": "Res. 00609-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Compulsory right of way due to landlocked property", "title_es": "Obligación forzosa de paso por enclave", "summary_en": "The Agrarian Court upheld the trial court's decision imposing a compulsory right of way over the defendant's property in favor of the co-owned estates of the plaintiff. The defendant argued that the plaintiff had not localized its undivided rights, that an alternative adequate access existed, and that there was no evidence of possessory acts over the claimed route. The Court rejected those arguments, finding that a co-owner has standing to bring the action without prior localization of rights under the Undivided Rights Law, and that the alternative path was unsuitable because it runs across multiple private properties, is in poor condition, and is not a municipal road. Applying proportionality and reasonableness criteria, the Court held that the right of way over the defendant's property is the only viable access that prevents the isolation of the estates and allows their use, and confirmed that the defendant will be compensated.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1319501.json", "html_url": "/legal/doc/nexus-sen-1-0034-1319501", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1319501" }, { "id": "nexus-sen-1-0034-1319529", "citation": "Res. 00634-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction for tree removal in protection zone", "title_es": "Competencia agraria en derribo de árbol en zona de protección", "summary_en": "The Agrarian Tribunal reviewed a jurisdictional challenge by the Agrarian Court of Cartago, which had declared itself incompetent to hear a summary proceeding for the removal of a dangerous tree located in a stream protection zone adjacent to municipal land. The Agrarian Court held that since the tree was on municipal land, the matter fell under the Administrative-Contentious Jurisdiction. The Agrarian Tribunal reversed this decision, ruling that the material jurisdiction to hear the tree removal case—involving a natural resource in a stream protection zone regulated by the Biodiversity Law—belongs to the agrarian jurisdiction. The Tribunal grounded its decision in Articles 1 and 2 of the Agrarian Jurisdiction Law, Article 113 of the Organic Law of the Judicial Branch, and Article 108 of the Biodiversity Law, which provides that disputes between private parties not involving an administrative act or public domain are an exception to administrative-contentious jurisdiction and fall under agrarian jurisdiction. As the case involved no administrative act or public domain dispute and the tree is a natural resource, the Tribunal found agrarian jurisdiction applicable and ordered the lower court to continue proceedings.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "water-law" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1319529.json", "html_url": "/legal/doc/nexus-sen-1-0034-1319529", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1319529" }, { "id": "nexus-sen-1-0034-1323473", "citation": "Res. 00697-2025 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Demolition order in stream protection area proceeds even after criminal acquittal", "title_es": "Derribo de obra en área de protección de quebrada procede aunque se haya absuelto penalmente", "summary_en": "The Criminal Appeals Court partially overturned an acquittal that had refused to order the demolition of a structure encroaching into a stream's protection area. Two defendants were acquitted of Forest Law violations because they lacked intent—they had built with municipal and INVU permits that overlooked the stream's existence. The trial court acknowledged the current invasion but denied demolition, citing variability in measurements and uncertainty about conditions in 2005. The prosecution's appeal was granted: the appellate chamber found the ruling contradictory, as it recognized the protected area's encroachment and the public-domain nature of water resources yet failed to order restoration to the prior state, violating logical reasoning and Article 50 of the Constitution. The matter was remanded for a new tribunal to decide on the demolition, while the criminal acquittal stands.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "water-law" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1323473.json", "html_url": "/legal/doc/nexus-sen-1-0034-1323473", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1323473" }, { "id": "nexus-sen-1-0034-1327965", "citation": "Res. 00366-2025 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Interest and costs not awardable beyond plea agreement in environmental summary proceeding", "title_es": "Improcedencia de intereses y costas pactadas en procedimiento abreviado ambiental", "summary_en": "The Guanacaste Sentencing Appeals Court reviews an appeal by the Attorney General’s Office against a judgment that, under Costa Rica’s abbreviated (plea-bargain) procedure, convicted the defendant of invading a protected area, illegal logging, and usurpation of public domain lands, and granted civil damages for environmental harm. The appellant argued the judgment failed to award interest and civil procedural costs. The appeals court denies the appeal, holding that during the abbreviated-procedure hearing, the State’s representative expressly agreed to a single civil award of ₡814,394.94, without reserving interest or costs. Under Constitutional Chamber precedent (Ruling 5409-1999), plea agreements bind the parties in good faith and due process. Since interest and costs were not part of the bargain, the civil award cannot exceed what was stipulated.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "29/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1327965.json", "html_url": "/legal/doc/nexus-sen-1-0034-1327965", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1327965" }, { "id": "nexus-sen-1-0034-1331451", "citation": "Res. 04070-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Exclusion of candidate for not reaching 70% in selection predictors in MINAE internal competition", "title_es": "Exclusión de concursante por no alcanzar el 70% en predictores de selección en concurso interno del MINAE", "summary_en": "The Administrative Appeals Court denies the claim of María Teresa Urbina Hidalgo against the State and Yesenia Araya Trejos. The plaintiff, a provisional MINAE employee, was excluded from internal competition 001-2017 for the position she held, after scoring 50% on selection predictors, below the required 70% minimum. She alleged lack of reasoning in the exclusion act and failure to communicate format requirements for her experience certificates. The Court holds that the Administration cured the defect by providing a breakdown of scores and that the plaintiff had an opportunity to defend herself. The Law on Simplification of Procedures does not apply, as this was not an administrative request but a regulated competition. The lack-of-right defense is upheld, and reinstatement and damages are denied, since the plaintiff was already appointed to another permanent position and the vacancy was filled by a qualified candidate through an external competition.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1331451.json", "html_url": "/legal/doc/nexus-sen-1-0034-1331451", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1331451" }, { "id": "nexus-sen-1-0034-1331478", "citation": "Res. 06518-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Health order to landfill operator is valid despite contractual dispute", "title_es": "Orden sanitaria a operador de relleno sanitario es válida pese a conflicto contractual", "summary_en": "The Contentious-Administrative and Civil Treasury Court dismisses the lawsuit filed by WPP Continental against the State and the Director of the Cartago Health Area. The company sought annulment of a sanitary order that prohibited it from receiving further waste in the Municipal-owned section of the Los Pinos landfill and ordered technical closure, alleging defects in motivation, lack of jurisdiction, impossibility of compliance, violation of the Landfill Regulation, and supervening nullity following a conciliation agreement with the Municipality. The Court held that the order was sufficiently motivated by a technical report evidencing health risks from leachate and exposed waste; that the Director acted within her constitutional and legal powers to protect public health; that the measure was neither impossible to comply with nor contrary to technical regulations; and that the purpose of the order was health protection, not resolution of the contractual dispute, so the subsequent agreement did not void the order. The claim was rejected in full, including the claim for damages, and the plaintiff was ordered to pay costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "02/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1331478.json", "html_url": "/legal/doc/nexus-sen-1-0034-1331478", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1331478" }, { "id": "nexus-sen-1-0034-1331479", "citation": "Res. 06531-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Expiry of action against Decree 40136-MOPT on RTV rate adjustment", "title_es": "Caducidad de acción contra Decreto 40136-MOPT sobre reajuste tarifario RTV", "summary_en": "The Administrative Court upheld the statute of limitations (caducidad) defense and dismissed Riteve SyC S.A.'s lawsuit challenging Executive Decree No. 40136-MOPT, which approved the rate adjustment model for the vehicle technical inspection service. Riteve claimed breach of contract and absolute nullity of the decree, arguing it imposed a 35% cap on rate adjustments, resulting in an 89.21% reduction from the technical methodology. The Court held that the decree, as a general act published in 2017, was subject to a one-year limitation period for judicial review, which had lapsed before the filing of the lawsuit. The company also failed to challenge in time the annual tariff resolutions (2017-2021) that applied the cap. The Court rejected the argument of continuing effects, finding the 35% cap was a one-time application in Resolution RIT-029-2017. Since the principal nullity claim was time-barred, all derivative claims for compensation and economic recognition were inadmissible. The plaintiff was ordered to pay legal costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1331479.json", "html_url": "/legal/doc/nexus-sen-1-0034-1331479", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1331479" }, { "id": "nexus-sen-1-0034-1331481", "citation": "Res. 06543-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Validity of CTNBio opinion for environmental release of transgenic cotton COT-102", "title_es": "Validez de dictamen CTNBio para liberación de algodón transgénico COT-102", "summary_en": "The Administrative Appeals Tribunal dismissed the nullity claim brought by environmental associations against the favorable opinion of the National Technical Commission for Biosafety (CTNBio) and the environmental release certificate for transgenic cotton COT-102. Plaintiffs argued that the opinion was issued with missing information, voting flaws, and insufficient public notice. The Tribunal held that the CTNBio's opinion is a preparatory act, not a final administrative act, and thus not subject to the same validity requirements. It found the vote was valid: members voted on an informed basis, and the departure of two members after casting their votes did not invalidate the result. The minority's additional information requests were excessive and did not constitute an official Commission requirement. The public notice substantially fulfilled its purpose, and any deficiency did not vitiate the act. The court upheld the lack-of-right defense and ordered plaintiffs to pay costs.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "02/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1331481.json", "html_url": "/legal/doc/nexus-sen-1-0034-1331481", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1331481" }, { "id": "nexus-sen-1-0034-1331494", "citation": "Res. 06570-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Public domain nature of expropriated lands for the Arenal Reservoir", "title_es": "Naturaleza demanial de bienes expropiados para el Embalse Arenal", "summary_en": "The Administrative Litigation Court resolved a case brought by the Costa Rican Electricity Institute (ICE) to recover lands expropriated in 1978 for the Arenal Hydroelectric Project, which were subsequently donated, merged, mortgaged, auctioned, and sold to third parties due to ICE's failure to register the expropriation. The court held that the lands acquired by eminent domain and destined to form part of the reservoir and its buffer zone are public domain assets (demanial), and therefore inalienable, imprescriptible, and unattachable. It rejected the defenses of expiration and prescription, and declared the nullity of subsequent deeds and registrations, ordering the restitution of the properties to ICE. However, it distinguished between the original acquirers (the expropriated owner's children), who acted in bad faith, and good-faith third parties who purchased in reliance on the public registry. Regarding the latter, the court partially granted a counterclaim for economic damages against ICE, ordering payment in the abstract for its negligence in failing to register the expropriation. Claims for tree felling and environmental damage were not proven.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "03/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1331494.json", "html_url": "/legal/doc/nexus-sen-1-0034-1331494", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1331494" }, { "id": "nexus-sen-1-0034-1331580", "citation": "Res. 06784-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of judicial-risk incentive for Environmental Administrative Tribunal employee", "title_es": "Nulidad de incentivo por riesgo judicial a funcionaria del Tribunal Ambiental Administrativo", "summary_en": "The Administrative and Civil Finance Tribunal granted the State's lesividad claim against María Julia Alvarado Rojas, an employee of the Environmental Administrative Tribunal (TAA). The challenged resolution, R-DRH-AJ-266-2011 issued by the Ministry of Environment and Energy, had granted her an 18% salary bonus for risk in the exercise of judicial functions, based on a Constitutional Chamber ruling that equalized salaries of the Tax Administrative Tribunal with those of the judiciary. The Tribunal held that the bonus lacked legal basis, as no law authorizes salary equalization between TAA members and judicial judges. The defense argued expiration, statute of limitations, and violation of the environmental non-regression principle, but the Tribunal rejected these. It found the act had continuous effects, so the expiration period had not lapsed, and no evidence showed the nullity would harm environmental protection. Consequently, the resolution and related acts were annulled, and future inapplicability of the incentive was ordered, without costs, given the defendant's reasonable grounds to litigate.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "08/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1331580.json", "html_url": "/legal/doc/nexus-sen-1-0034-1331580", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1331580" }, { "id": "nexus-sen-1-0034-1331716", "citation": "Res. 07159-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipal reorganization dismissal and nullity for violation of due process", "title_es": "Despido por reorganización municipal y nulidad por violación al debido proceso", "summary_en": "The Administrative Litigation Court ruled in favor of a topography assistant dismissed by the Municipality of San José as part of a 2020 reorganization plan prompted by the COVID-19 pandemic. The judgment annuls the dismissal acts due to absolute nullity defects. First, the court found a violation of the right to defense, as the employee was not provided with the technical documentation (financial studies, human resources analysis) supporting the elimination of his position, preventing him from properly challenging the decision—a violation previously declared by the Constitutional Chamber in an amparo ruling. Second, the reorganization process lacked prior technical studies before the Municipal Council's authorization, as required by Article 155(b) of the Municipal Code. Third, the collective bargaining agreement's Article 16(a), which required the reorganization to affect at least 60% of municipal workers, was not met; the court found no proof of this threshold. The court dismissed other arguments, such as the need for approval by the Comptroller General and the Labor Relations Board, as they were not applicable under the invoked subsection. Consequently, the court ordered reinstatement, payment of back wages and benefits, and awarded subjective moral damages and costs against the municipality.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1331716.json", "html_url": "/legal/doc/nexus-sen-1-0034-1331716", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1331716" }, { "id": "nexus-sen-1-0034-1331746", "citation": "Res. 07271-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partially Expropriated Property with Road Access Is Not Landlocked", "title_es": "Acceso de finca parcialmente expropiada no constituye enclavamiento", "summary_en": "The Administrative Court dismissed a landowner's suit alleging that the western portion of his property became landlocked without public road access after two expropriations for the San Carlos highway. The court found that the western portion does have an existing access located at station 13+900, documented in CONAVI technical reports and confirmed by expert testimony. Additionally, the MOPT is managing a contract (CR-L1151-P00004) including a preliminary design for a definitive access at station 12+500. Since the property is not landlocked under Civil Code Article 395, the court denied the request to build access, to issue a new cadastral plan, and to expropriate the remainder. The lack-of-right defense was upheld, the lawsuit was dismissed in its entirety, and the plaintiff was ordered to pay costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "18/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1331746.json", "html_url": "/legal/doc/nexus-sen-1-0034-1331746", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1331746" }, { "id": "nexus-sen-1-0034-1331758", "citation": "Res. 07309-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No right to donation over municipal property occupied by tolerance", "title_es": "Inexistencia de derecho a donación sobre inmueble municipal ocupado por tolerancia", "summary_en": "The Tribunal Contencioso Administrativo dismissed in its entirety the claim brought by Gloria Morales Arce, who sought an order directing the Municipality of Sarchí to complete a donation and transfer title to a lot within municipal property 224094-000, where she has resided for over thirty years. The plaintiff also requested cessation of alleged eviction proceedings, a determination as to whether her home lies within water source and river protection zones, and damages against the Municipality, SINAC, and the State. The Tribunal found that the plaintiff offered no evidence of any administrative act granting her a right or expectation of right over the demanial property, and that her occupancy was by mere municipal tolerance, which creates no possessory or ownership right. It ruled out any eviction threat and noted the municipality had already identified her dwelling as outside the protection zone. It upheld the procedural defenses of lack of standing raised by SINAC and the State, and the defense of lack of right by the Municipality, imposing costs on the unsuccessful plaintiff.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "water-law" ], "date": "21/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1331758.json", "html_url": "/legal/doc/nexus-sen-1-0034-1331758", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1331758" }, { "id": "nexus-sen-1-0034-1331809", "citation": "Res. 07450-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Land-use certificate does not replace construction permit", "title_es": "Certificado de uso de suelo no reemplaza licencia constructiva", "summary_en": "The Administrative Litigation Tribunal, acting as a non-hierarchical comptroller of legality in municipal matters, upholds the denial of a construction permit for an eco-lodging project in Mora. The plaintiff argued that it had a compliant land-use certificate and environmental viability from SETENA, rendering the municipal denial illegal. The Tribunal distinguishes between a land-use certificate — which certifies conformity with zoning — and a construction permit — which analyzes project-specific technical factors — clarifying that the former does not replace the latter. Moreover, it was determined that access to the property is via a private right-of-way, not a public road, as confirmed in a prior administrative proceeding for reopening a public road that was not challenged by the plaintiff. The Tribunal upholds the municipal denial because commercial use is incompatible with access via a right-of-way, given the increased vehicular and pedestrian traffic that would affect neighboring properties. The appeal is denied and the administrative route exhausted. Claims for damages are dismissed for lack of jurisdiction at this stage.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1331809.json", "html_url": "/legal/doc/nexus-sen-1-0034-1331809", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1331809" }, { "id": "nexus-sen-1-0034-1331851", "citation": "Res. 07600-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad for land adjudication in southern border strip", "title_es": "Lesividad por adjudicación de terreno en franja fronteriza sur", "summary_en": "The Administrative Court partially annuls an agreement by the former IDA that adjudicated a parcel from the Amalia Hernández Settlement to an individual, because it was located entirely within the two-kilometer southern border strip with Panama. The ruling grants INDER's lesividad claim and declares the absolute nullity of the agreement, the segregation and transfer deed, and the property's registration, as the land is an inalienable and imprescriptible public domain asset. The judgment reaffirms the special protection of border zones for reasons of sovereignty, national security, and state natural heritage, and confirms that lesividad actions for safeguarding public domain assets are not subject to any statute of limitations. No costs are ordered.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "29/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1331851.json", "html_url": "/legal/doc/nexus-sen-1-0034-1331851", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1331851" }, { "id": "nexus-sen-1-0034-1332046", "citation": "Res. 08224-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Job reclassification annulled for lack of internal auditor approval in municipal restructuring", "title_es": "Reivindicación laboral por reasignación descendente en auditoría municipal sin autorización del auditor interno", "summary_en": "The Administrative Contentious Court annulled the downward reclassification of four Internal Audit officials of the Municipality of San José, who were demoted from department heads to Professional 2 as part of a reorganization plan prompted by the Covid-19 financial crisis. The court found that the transformation of the audit positions violated Art. 24 of the General Internal Control Law because it lacked the express approval of the internal auditor, a mandatory prerequisite for any personnel action in that office. The court also found a breach of due process and employment stability, constituting an abusive ius variandi. No personal liability was established against the co-defendant mayor, so the claim against him was dismissed. The court ordered the reinstatement of the plaintiffs to their former positions and payment of lost salary differentials since January 2021, plus legal interest.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332046.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332046", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332046" }, { "id": "nexus-sen-1-0034-1332098", "citation": "Res. 08384-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Contractual termination of BOT energy purchase agreement between Hidrotárcoles S.A. and ICE", "title_es": "Resolución contractual de compra de energía bajo esquema BOT entre Hidrotárcoles S.A. e ICE", "summary_en": "Hidrotárcoles S.A. sued the Costa Rican Institute of Electricity (ICE) seeking nullification of the administrative acts that terminated the energy purchase agreement under the BOT (Build, Operate and Transfer) modality for the Capulín-San Pablo Hydroelectric Project, a declaration of its right to a Guaranteed Commercial Operation Start Date (FGIOC) of June 1, 2017, recognition of additional costs, price adjustments, and damages totaling USD 468.36 million. The plaintiff argued that events of force majeure or fortuitous event—delays in the ARESEP concession and financial closing with Banco Nacional—justified shifting the original FGIOC (August 1, 2015) and that ICE had implicitly accepted the new date. ICE maintained that the FGIOC was fixed, delays were attributable to the contractor, and the contractual termination was lawful due to a serious breach. The Court analyzed the legal nature of BOT contracts, risk allocation, clauses on force majeure, the financial closing, work plan, and the differences between FGIOC and FIOC. It concluded that the alleged exemptions from liability were not proven, the FGIOC was never modified, and the termination procedure was valid, therefore denying all claims and ordering the losing party to pay court costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332098.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332098", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332098" }, { "id": "nexus-sen-1-0034-1332110", "citation": "Res. 08407-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No private right over maritime-terrestrial zone from mere assignment of possession", "title_es": "Inexistencia de derecho particular sobre la zona marítimo terrestre por mera cesión de posesión", "summary_en": "The Administrative Appeals Court resolved a civil liability lawsuit filed by an individual against the Municipality of Parrita, the Costa Rican Tourism Institute (ICT), the State, and two municipal officials. The plaintiff claimed patrimonial and moral damages for alleged defective public service due to the non-execution of an eviction order on a plot in the restricted zone of the maritime-terrestrial zone, over which he claimed rights based on a possession assignment contract. After an exhaustive analysis of the legal regime of the maritime-terrestrial zone as inalienable and imprescriptible public domain property, the Court determined that the plaintiff held no right whatsoever over the property. The assignment of possessory rights is legally ineffective against the land's public nature, and the alleged assignors were neither concessionaires nor recognized as 'occupants' or 'settlers.' Furthermore, the precarious use permit granted temporarily did not create enforceable rights. Therefore, the lawsuit was dismissed, the defenses of lack of standing and lack of right were upheld, and the plaintiff was ordered to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332110.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332110", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332110" }, { "id": "nexus-sen-1-0034-1332179", "citation": "Res. 08561-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INCOPESCA liability for shrimp trawling cessation after unconstitutionality ruling", "title_es": "Responsabilidad de INCOPESCA por cese de pesca de arrastre de camarón tras inconstitucionalidad", "summary_en": "The Administrative Appeals Court dismisses the claim filed by Compañía Pesquera Moncharelo S.A. and the estate of Alfredo Sánchez against INCOPESCA, seeking compensation for the inability to renew a shrimp trawling license for the vessel Punta Guiones. Plaintiffs argued the license was originally granted under norms later declared unconstitutional (Constitutional Chamber ruling 2013-10540) and that INCOPESCA failed to conduct scientific studies or promote legal reform to allow the activity to continue. The Court finds no unlawful or omissive conduct attributable to INCOPESCA: the supervening nullity from the unconstitutionality declaration does not make prior administrative action illegitimate; the license expired by term and impossibility of purpose under Law 8436; and the vessel’s failure to adapt to sustainable technologies constitutes victim’s fault. The claim is dismissed in full with costs awarded against plaintiffs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332179.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332179", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332179" }, { "id": "nexus-sen-1-0034-1332203", "citation": "Res. 08613-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Health Ministry's omission to declare cigarette butts as special waste", "title_es": "Omisión del Ministerio de Salud en declarar colillas de cigarro como residuo de manejo especial", "summary_en": "The Administrative Court dismissed a lawsuit seeking to declare the Health Ministry's omission in classifying cigarette butts as special waste and issuing a management regulation. The plaintiff, a lawyer, argued these non-biodegradable wastes, containing heavy metals, pollute water and ecosystems, and that the Administration breached the Integrated Waste Management Law. The State countered that a General Tobacco Control Law already exists and such declaration requires complex technical studies, which the plaintiff failed to provide. The Court found no express legal duty to regulate and that the Ministry has discretionary authority based on technical criteria, not subject to judicial substitution. The plaintiff's request had already been answered, informing about an action plan. The lack-of-right defense was upheld, and costs were imposed on the plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332203.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332203", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332203" }, { "id": "nexus-sen-1-0034-1332222", "citation": "Res. 08643-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "MEP contractual liability for indefinite suspension of awarded public works contract", "title_es": "Responsabilidad contractual del MEP por suspensión indefinida de obra adjudicada", "summary_en": "The Fifth Chamber of the Contentious-Administrative Tribunal partially upheld a claim brought by the consortium Consultoría y Construcción P y S S.A. and Multiservicios Machado S.A. against the State and the Administrative Board of the Enrique Menzel de Turrialba Night School. The Chamber ruled that although the public works contract was validly awarded and ratified, the Administration breached its contractual duties by keeping execution suspended for over five years without resolving the matter as required by the Public Procurement Regulations. The initial suspension was ordered by the Constitutional Chamber due to possible impacts on a water source; later, SENARA confirmed the existence of a spring and five water outflows, rendering the project unfeasible. Despite being informed of this in May 2016, the DIEE of the Ministry of Public Education (MEP) continued demanding that the consortium renew the performance bond under penalty of enforcement. The Chamber rejected extracontractual liability arguments and found the State and the School Board jointly and severally liable. It awarded lost profits (10% of the contract amount), costs related to the performance bond to be determined in the enforcement phase, and ordered payment of both legal costs. It also directed the MEP to issue a formal statement on the contract status and referred the matter to the Internal Audit Office to investigate administrative omissions.", "primary_topic_id": null, "topic_ids": [], "date": "28/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332222.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332222", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332222" }, { "id": "nexus-sen-1-0034-1332249", "citation": "Res. 08706-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of Compensation Claim for Property Overlapping with State Lands in National Park", "title_es": "Improcedencia de reclamo indemnizatorio por propiedad traslapada con terrenos estatales en parque nacional", "summary_en": "The Administrative Litigation Court analyzed the claim of the Estate of a deceased individual and a co-owner, who asserted ownership of a registered property located within the boundaries of Piedras Blancas National Park. They sought payment of the current indexed value of the property, lost profits, and damages (including moral damages), or alternatively, restitution and exclusion from the park. They alleged they were de facto dispossessed by MINAE officials and had not been compensated, suffering economic and emotional harm. The State and SINAC opposed, arguing the property was not expropriated and that owners retain their rights until payment. However, the court found that the cadastral map supporting the property totally or partially overlapped with lands the State had already acquired from previous possessors, thus the actual existence of a private property within the park was not proven. The court upheld the defenses of lack of right and lack of passive standing, dismissed the lawsuit in its entirety, and awarded costs against the plaintiffs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "29/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332249.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332249", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332249" }, { "id": "nexus-sen-1-0034-1332266", "citation": "Res. 08749-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial recovery of public maritime zone and mangrove registered as private property", "title_es": "Recuperación parcial de zona marítimo terrestre y manglar inscrita como propiedad privada", "summary_en": "The Costa Rican Administrative Litigation Court rules on a lawsuit filed by the State against two U.S. citizens who hold registered title to property 6-139159 in Puntarenas. The State seeks absolute nullity and cancellation of the registration, claiming that approximately 95.2% of the land overlaps with the public maritime zone and mangrove swamp—inalienable and imprescriptible public domain assets. The court examines the legal status of mangroves as part of the State's Natural Heritage and of the maritime zone, stressing that they are outside commerce and no private person may acquire ownership rights over them. Although the defendants argue they are good-faith third parties and that a private portion exists, the court partially grants the claim. It orders restitution of the public-domain area (95.2%) while preserving the remaining 4.8% in the defendants' name, with precise demarcation to occur during the enforcement phase with expert assistance. Costs are not imposed, given the defendants' good faith.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "01/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332266.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332266", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332266" }, { "id": "nexus-sen-1-0034-1332301", "citation": "Res. 08811-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of injunction termination in Vista Islas project", "title_es": "Rechazo de cese de medida cautelar en proyecto Vista Islas", "summary_en": "The Administrative Court denies the request by developer Vista Paradise MA SRL S.R.L. to revoke an injunction that halted construction of the Vista Islas Residential Condominium Project in Quepos, Manuel Antonio. The injunction was granted in June 2024 on grounds that activities were taking place in a forested zone with high environmental impact and fragility. The company alleged a change in circumstances, but the Court found its arguments merely reweighed the original documentary evidence and failed to demonstrate any real change in the factual basis for the injunction. It also denied a request for a $73 million counterbond for lost profits, deeming it premature. The ruling relies on Article 29 of the Administrative Procedure Code, requiring a modification in the original factual matrix to revisit an injunction, which was not proven. The injunction remains in force, with no order as to costs.", "primary_topic_id": null, "topic_ids": [], "date": "02/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332301.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332301", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332301" }, { "id": "nexus-sen-1-0034-1332304", "citation": "Res. 08819-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of nullity claims against denial of water connection and construction permit in Aserrí", "title_es": "Improcedencia de nulidad de denegatoria de paja de agua y permiso de construcción en Aserrí", "summary_en": "The Administrative Disputes and Civil Hacienda Court dismissed the lawsuit filed by Soluciones y Eventos Empresariales Arrieta Ramírez S.A. and Carlos Jeiner Arrieta Badilla against the Municipality of Aserrí. The company, owner of a property in Salitrillos de Aserrí, sought the annulment of the resolution denying its water connection and the rejection of its construction permit, and claimed moral, economic, and loss-of-value damages. The court found that the municipal cadastral map approval for segregation does not guarantee the existence of a water supply network, and the municipality never provided water service in that area. It also found that the plaintiff carried out construction without a license, despite being warned to regularize the works. The court upheld the exception of lack of active standing of Mr. Arrieta Badilla to claim subjective moral damage because the company owns the property, and the exception of lack of right by the company, declaring the lawsuit unfounded in all claims and imposing costs on the plaintiffs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332304.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332304", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332304" }, { "id": "nexus-sen-1-0034-1332407", "citation": "Res. 09020-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Municipal liability for annulment of construction permits after environmental damage caused by developer", "title_es": "Responsabilidad municipal por anulación de permisos de construcción tras daño ambiental causado por el desarrollador", "summary_en": "The Administrative Court rules on a damages claim filed by Inversiones Pelyo del Este S.A. against the State, SENARA, and the Municipality of Vásquez de Coronado, arising from the frustration of a fuel service station project. The plaintiff argued that the municipality's refusal to lift a precautionary work suspension and subsequent annulment of its zoning certificate caused material damages exceeding 800 million colones. The Court rejects liability for the State and SENARA due to lack of causation, finding their actions constituted legitimate and favorable oversight. However, it partially upholds the claim against the Municipality, holding that the issuance and later annulment of permits caused construction costs incurred in good faith. Compensation is limited to proven construction costs, with quantum determined at enforcement stage, and excludes land value, lost profits, and moral damages; no special costs order is made.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "10/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332407.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332407", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332407" }, { "id": "nexus-sen-1-0034-1332423", "citation": "Res. 09041-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial sidewalk removal in a condominium is not optional for the developer", "title_es": "Supresión parcial de aceras en condominio no es opcional para el desarrollador", "summary_en": "The ruling examines the legality of two Municipal Council agreements of San Pablo de Heredia that denied a construction permit modification to eliminate sidewalks in the Condominio Residencial Vistas de San Pablo. The plaintiff argued that the condominium's internal roads are private and that sidewalk construction depends on the condominium owners‘ autonomy, making municipal subdivision and urbanization regulations inapplicable. The Administrative Contentious Court, acting as improper hierarchical superior, dismissed the lawsuit in its entirety. It found that although the condominium’s internal roads are private, Article 34 (now 44) of the Regulation to the Condominium Property Law expressly refers to the National Regulation for the Control of Subdivisions and Urbanizations for internal road design, which requires sidewalks as a matter of pedestrian safety and public order. The court concluded there was no defect in the challenged municipal acts, confirming that sidewalks are mandatory regardless of the owners' wishes.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "_off-topic" ], "date": "10/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332423.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332423", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332423" }, { "id": "nexus-sen-1-0034-1332426", "citation": "Res. 09048-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Contract termination for Quepos La Managua airfield improvement due to contractor breaches", "title_es": "Resolución contractual del mejoramiento del aeródromo de Quepos La Managua por incumplimientos del contratista", "summary_en": "The Administrative Court hears a lawsuit filed by Grupo Orosi S.A. against the Technical Council of Civil Aviation (CETAC) and the State, seeking annulment of resolutions that unilaterally terminated the contract for the improvement of the Quepos La Managua airfield. The claimant argues that the Administration was in serious breach for lacking environmental viability and delays in expropriations. The Court examines the alleged lack of reasoning and the multiple contractual breaches attributed to the consortium, including failure to pay social security contributions, lack of a registered technical director, absence of an environmental regent, non-compliance with the work schedule, inadequate machinery, and lack of quality self-control. The Court finds no material defects in the administrative acts and deems the breach attributable to the contractor, thus dismissing the annulment claim and all compensation claims.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332426.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332426", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332426" }, { "id": "nexus-sen-1-0034-1332427", "citation": "Res. 09050-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Electronic banking fraud ruling: exemption from liability due to third-party action", "title_es": "Fallo por estafa bancaria electrónica: eximente de responsabilidad por acción de un tercero", "summary_en": "The Administrative Court heard a claim by a Banco Nacional customer whose account was debited for over eleven thousand dollars through electronic transfers. She sought objective liability under the Consumer Protection Law and the General Public Administration Act, alleging the bank's systems were breached and its response was deficient. The bank pleaded lack of right, invoking victim's fault and third-party act. Technical evidence showed the transactions required the customer's username, password, OTP codes from her security device, and verification codes sent to her phone. The Court found that a third party impersonated the plaintiff by obtaining her confidential information, with no proof of system failure or employee involvement. The exception was upheld, the claim dismissed entirely, but each party was ordered to bear its own costs because there was reasonable cause to litigate.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332427.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332427", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332427" }, { "id": "nexus-sen-1-0034-1332499", "citation": "Res. 00760-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Indigenous property and Maleku customary law in land tenure dispute", "title_es": "Propiedad indígena y derecho consuetudinario Maleku en disputa de tenencia de tierra", "summary_en": "The Agrarian Court upholds the ruling granting a better right of possession to the plaintiff, an indigenous Maleku person, over two parcels within the Guatuso Indigenous Territory, revoking only the cost award. The plaintiff claimed tenure of a five-manzana plot donated by his uncle via public deed and a three-hectare plot awarded by the Indigenous Development Association (ADI). The defendants, sisters of the deceased, alleged co-possession and challenged the donation's validity. The Court applies Indigenous Customary Law rather than civil possession rules, recognizing community autonomy and the deceased's last will, endorsed by the ADI and a cultural expert report. It finds the plaintiff proved his indigenous status, community recognition, and compliance with Maleku customs on property transmission. It rejects defendants' claims of gender discrimination and bad faith in the donation. The cost award is revoked due to the reinforced gratuity protecting indigenous persons assisted by the Public Defender's Office.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "11/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332499.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332499", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332499" }, { "id": "nexus-sen-1-0034-1332512", "citation": "Res. 00773-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Better right of possession over unregistered forest land — Affirms dismissal of claim and grants restitution", "title_es": "Mejor derecho de posesión sobre terreno boscoso no inscrito — Confirma rechazo de demanda y acoge restitución", "summary_en": "The Agrarian Court upholds the trial court ruling that dismissed the claim of Juan Bautista García Rodríguez and granted the counterclaim of Leslie Simmons Cannon, declaring her as the possessor with better right over an unregistered property of approximately 22 hectares in Los Mogos de Sierpe de Osa, bordering MINAE. The court finds that the counterclaimant proved legitimate, public, peaceful, continuous, and good-faith possession since 1999, first with her ex-husband and later exclusively after his death in 2012. The plaintiff’s possession, which began in 2013-2014 by mere tolerance and without intent to own, is deemed in bad faith because he entered knowing the property belonged to another. The elements of both the declaratory action and the publician action are analyzed, concluding that the plaintiff holds no real right of possession that can be asserted. The defenses of positive and negative prescription are dismissed, as is the subsidiary claim for payment of improvements. Judge Fischer González issues a separate note on the prescription of possession rights when there is a ten-year possession capable of usucapion, although this was not proven in this case.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "13/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332512.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332512", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332512" }, { "id": "nexus-sen-1-0034-1332527", "citation": "Res. 00788-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Authorization to fell tree in protection zone due to risk to life and property", "title_es": "Tala de árbol en zona de protección autorizada por riesgo a la vida e integridad", "summary_en": "The Agrarian Tribunal overturned the lower court ruling that only authorized partial pruning of a ‘terciopelo’ tree located four meters from the plaintiff's house, within the Nandayure River protection zone. The plaintiff sought full felling due to the risk to her family and property, citing trunk base damage, termite presence, and tree height. The Tribunal assessed the judicial inspection that confirmed the real danger to people and surrounding structures, and found the SINAC technical report limited as it did not analyze the impact in case of failure or climate change effects in the area. It ruled that when rights collide, the right to life and integrity prevails over forest protection, ordering felling under strict environmental measures, with SINAC oversight and replacement of native species.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "20/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332527.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332527", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332527" }, { "id": "nexus-sen-1-0034-1332796", "citation": "Res. 07292-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of interim measure to prevent demolition of wall in stream channel", "title_es": "Rechazo de medida cautelar para evitar demolición de muro en cauce de quebrada", "summary_en": "The company Wabe Carrocería y Pintura S.A. filed an urgent and very provisional atypical interim measure to prevent the State, through the Ministry of Environment and Energy (MINAE), from executing the demolition order of a retaining wall built in the Poró stream channel. The Administrative Litigation Tribunal denied the request, finding that the requirements of fumus boni iuris and periculum in mora were not met. The court noted that the challenged notification was merely a procedural act that did not order the demolition itself. Additionally, there was already a demolition order and restitution order in the criminal case 24-000011-0611-PE, which weakened the appearance of a good right. Regarding the danger in delay, the technical reports filed by the company itself concluded that the property was immune to flood risk and failed to substantiate the alleged monetary or psychological damages. The court balanced the interests at stake and concluded that the public environmental interest must prevail over the private interest.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332796.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332796", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332796" }, { "id": "nexus-sen-1-0034-1332878", "citation": "Res. 07464-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Injunction against solid waste regulation denied for failure to prove harm", "title_es": "Solicitud de medida cautelar contra reglamento de residuos sólidos rechazada por falta de prueba del daño", "summary_en": "The Municipality of San Pablo de Heredia requested a precautionary measure to suspend Executive Decree 44974-S, which establishes regionalized management of ordinary and organic solid waste. It argued that the regulation imposes impossible obligations and would cause a health emergency, but it did not provide sufficient evidence of serious harm or danger in delay. The Contentious Administrative Court analyzed the requirements of fumus boni iuris and periculum in mora, and concluded that although the challenge does not appear frivolous (appearance of good right), the Municipality did not prove the real existence of current or potential serious harm. Nor did it demonstrate the urgency of the measure or the causal link between the decree and the alleged injury. Therefore, the request was denied, without prejudice to the merits being discussed in the main proceedings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1332878.json", "html_url": "/legal/doc/nexus-sen-1-0034-1332878", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1332878" }, { "id": "nexus-sen-1-0034-1333254", "citation": "Res. 08193-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of legality amparo for failure to comply with court order", "title_es": "Inadmisión de amparo de legalidad por incumplimiento de prevención", "summary_en": "The Administrative and Civil Treasury Court dismissed and archived the legality amparo filed by the Valle Verde Environmental Protection Association against the National Roads Authority (CONAVI). The plaintiff alleged failure to respond to requests for construction of pedestrian sidewalks. The court had previously ordered the plaintiff to provide a legible received-stamped copy or electronic receipt of the administrative request, warning that non-compliance would result in dismissal and archiving. The plaintiff failed to comply, so the court found that the legal prerequisites to compel the administrative response had not been met. Based on Articles 35.2 and 61 of the Administrative Procedure Code, the court terminated the proceedings without a special award of costs and ordered the case file archived.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1333254.json", "html_url": "/legal/doc/nexus-sen-1-0034-1333254", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1333254" }, { "id": "nexus-sen-1-0034-1333417", "citation": "Res. 08646-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of precautionary measure for lack of fumus boni iuris in aquifer recharge zone supervision", "title_es": "Rechazo de medida cautelar por falta de apariencia de buen derecho en supervisión de zona de recarga acuífera", "summary_en": "The Administrative Contentious Court denies in full the precautionary measure requested by the Costa Rican Federation for Environmental Conservation (FECON) and other co-plaintiffs against the Municipality of Belén, the State, AyA, SINAC, and private companies. The request sought the suspension of activities and new construction in the high-vulnerability zone delimited by SENARA, as well as the implementation of environmental monitoring and oversight. The Court finds that the appearance of good legal right (fumus boni iuris) is not proven, as the claim is based on an alleged municipal omission that does not reach a reasonable degree of likelihood warranting interim relief. Nor is the danger in delay (periculum in mora) demonstrated, since the plaintiffs fail to provide sufficient evidence of serious harm, whether actual or potential, and do not specify its concrete impact. Furthermore, in the balancing of interests, the public interest prevails, because granting the measure would curtail the municipality's powers of urban planning control and enforcement, without evidence of serious prejudice to the applicants. The ruling is based on articles 20, 21 and 22 of the Administrative Contentious Procedure Code.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "28/08/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1333417.json", "html_url": "/legal/doc/nexus-sen-1-0034-1333417", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1333417" }, { "id": "nexus-sen-1-0034-1333459", "citation": "Res. 08773-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of interim measure against Decree 44710-MINAE", "title_es": "Rechazo de medida cautelar contra Decreto 44710-MINAE", "summary_en": "The Administrative Court denied a precautionary measure sought by a geologist to suspend the effects of Executive Decree No. 44710-MINAE, which reforms environmental zoning provisions in land-use plans. The plaintiff argued deficiencies including elimination of the Environmental Fragility Index, introduction of untested alternative methodologies, SETENA's exemption from liability, and a 10-year validity period for environmental clearances. The Court found a prima facie case but ruled that the applicant failed to prove any serious actual or potential harm, as required by Articles 21 and 22 of the Administrative Procedure Code. The balancing of interests favored the public interest in applying the decree, without prejudice to a final ruling.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "01/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1333459.json", "html_url": "/legal/doc/nexus-sen-1-0034-1333459", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1333459" }, { "id": "nexus-sen-1-0034-1333489", "citation": "Res. 08898-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Primate electrocution in Nosara — precautionary measure against ICE denied", "title_es": "Electrocución de primates en Nosara — rechazo de medida cautelar contra el ICE", "summary_en": "The Contentious-Administrative Tribunal denies the atypical precautionary measure requested by Walter Brenes Soto against the Costa Rican Electricity Institute (ICE), which sought an immediate order to install protective devices to prevent wildlife electrocution, especially howler monkeys, in the Nosara, Guanacaste power grid. The applicant alleged ICE’s omissions in identifying and mitigating “hotspots,” relying on expert reports and recent regulations like Executive Decree 44329-MINAE. The court examines the three requirements for interim relief: fumus boni iuris (appearance of a good right), periculum in mora (urgency), and balancing of interests. It finds the underlying claim is not frivolous and recognizes the public interest in protecting wildlife, but rules that the applicant failed to prove grave harm or precisely identify hotspots, and the requested measure was generic and identical to the main claim, making it unsuitable for summary proceedings. The petition is denied without special costs order.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "05/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1333489.json", "html_url": "/legal/doc/nexus-sen-1-0034-1333489", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1333489" }, { "id": "nexus-sen-1-0034-1333502", "citation": "Res. 08952-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Enforcement of Construction Permit for Parque de Tecnología Ambiental Galagarza", "title_es": "Ejecución de permiso de construcción para Parque de Tecnología Ambiental Galagarza", "summary_en": "EMPRESAS BERTHIER EBI DE COSTA RICA S.A. sought enforcement of a final and favorable administrative act, Resolution No. 2232-2025 of the Tribunal Contencioso Administrativo (acting as improper hierarchical authority in municipal matters), which ordered the Municipality of Montes de Oro to issue a construction permit for the 'Parque de Tecnología Ambiental Galagarza' project. The municipality opposed, citing pending nullity incidents, an appeal before MINAE, and new evidence regarding road alignment. The court partially granted the enforcement, holding that the dispute over the phrase 'si nada lo impide' (if nothing prevents it) and the pending matters cannot be litigated in this summary enforcement proceeding, which is limited to executing the firm and favorable act. The court ordered immediate compliance with the administrative order to issue the construction permit, without special award of costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "08/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1333502.json", "html_url": "/legal/doc/nexus-sen-1-0034-1333502", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1333502" }, { "id": "nexus-sen-1-0034-1333546", "citation": "Res. 09115-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of annulment of construction permit denial for lack of environmental viability", "title_es": "Improcedencia de anular rechazo de permiso constructivo por falta de viabilidad ambiental", "summary_en": "The Administrative Court dismisses the lawsuit filed by Continental Towers Costa Rica SRL against the Municipality of Desamparados. The company sought annulment of several administrative acts denying a construction permit for a telecommunications tower due to lack of environmental viability from SETENA, a requirement under Article 17(i) of the Municipal Regulation. The plaintiff argued that Article 93 of the Construction Law allowed regularization without this requirement, as the tower was already built and obtaining viability was impossible. The court rejects the arguments, finding that the Municipality acted lawfully; the regulatory requirement is clear, and the company failed to fulfill it. The court emphasizes that any issue with SETENA's denial is separate and must be challenged directly, not imputed to the Municipality. The defense of lack of right is accepted, lack of interest is rejected, and costs are imposed on the plaintiff.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "environmental-law-7554", "subdivision-fraccionamiento" ], "date": "16/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1333546.json", "html_url": "/legal/doc/nexus-sen-1-0034-1333546", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1333546" }, { "id": "nexus-sen-1-0034-1333619", "citation": "Res. 00879-2025 Tribunal de Familia", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Confirmation of unenforceability of psychological evidence due to proposing party's neglect", "title_es": "Confirmación de inevacuabilidad de prueba psicológica por desidia de la parte proponente", "summary_en": "The Family Court upholds the lower court's decision declaring the psychological evaluation of two minors unenforceable in a family resolution proceeding. The plaintiff failed to present the minors at the scheduled appointment despite being notified with ample notice and offered no justification for the absence. The court finds that the evidence was timely admitted, but its non-performance resulted from the plaintiff's own neglect, breaching her duty to cooperate under Article 152 of the Family Procedure Code. By analogy, Article 41, subsection 10 of the current Civil Procedure Code is applied, allowing evidence not carried out through the proponent's fault to be deemed unenforceable without the need for an express ruling. The decision does not cause defenselessness, as the frustration of the evidence is attributable solely to the plaintiff's omissive conduct. The court stresses that in the current orality-based system, the figure of unenforceability is not expressly regulated in the Family Procedure Code but is integrated analogously, and that the sanction is to consider the evidence abandoned and, potentially, to presume the contrary fact proven.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1333619.json", "html_url": "/legal/doc/nexus-sen-1-0034-1333619", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1333619" }, { "id": "nexus-sen-1-0034-1333827", "citation": "Res. 09191-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary Measure Regarding Taxi Concessions Denied for Lack of Standing", "title_es": "Medida cautelar sobre concesiones de taxi rechazada por falta de legitimación", "summary_en": "The Administrative Court denies two precautionary measures filed by attorneys acting on their own behalf, purportedly in defense of diffuse and collective interests, seeking to suspend administrative proceedings against taxi concessions. The ruling finds that the applicants lack standing, as they are neither concessionaires nor hold a special judicial power of attorney from the plate holders. Furthermore, the appearance of good right is not established, since the concessions remain active and no cancellation proceedings are pending. No danger in delay is demonstrated, nor is the public interest adequately weighed against the private one. A previously granted provisional precautionary measure is lifted.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1333827.json", "html_url": "/legal/doc/nexus-sen-1-0034-1333827", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1333827" }, { "id": "nexus-sen-1-0034-1334940", "citation": "Res. 01983-2025 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of payment for reassignments and overloads to SINAC official", "title_es": "Rechazo de pago por reasignaciones y recargos a funcionario del SINAC", "summary_en": "The Second Chamber of the Supreme Court of Justice hears a cassation appeal filed by a former official of the National System of Conservation Areas (SINAC), who claimed payment of salary differences for alleged reassignments and function overloads performed between 2010 and 2016, including roles as Coordinator of the Environmental Education Program, Head of Territorial Unit, and administrator of La Amistad International Park. The Labor Court dismissed the claim, finding that the assigned functions did not constitute a substantial and permanent reassignment under the Civil Service Statute, but rather were inherent to his Professional Civil Service 2 position. The Chamber rejects the appeal for lack of precise grounds and because the plaintiff did not expressly request salary differences between Professional Civil Service Chief 1 and Professional Civil Service 2 classes. The lower court ruling is upheld and the cassation is dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1334940.json", "html_url": "/legal/doc/nexus-sen-1-0034-1334940", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1334940" }, { "id": "nexus-sen-1-0034-1335010", "citation": "Res. 02053-2025 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Recognition of \"high risk\" incentive for border agent", "title_es": "Reconocimiento de incentivo por \"alto riesgo\" a agente de fronteras", "summary_en": "The Second Chamber of the Supreme Court hears an appeal by the State against a Labor Court ruling that ordered the State to pay the high-risk operations incentive to a Border Police agent. The State argued violation of the principles of legality and budget legality, as there was no rule authorizing payment to that police force. The Chamber rejects the appeal and upholds the lower court's decision. It holds that although the original agreement created the bonus for articles 21 and 22 of the General Police Law (Civil Guard and Rural Assistance Guard), the duties of other police forces—such as the Border Police—are comparable in terms of high-risk activities. Therefore, denying payment based on a formal budgetary code criterion creates unjustified inequality. The Chamber emphasizes that courts are not obliged to apply provisions that generate inequality, and that superior legal values, such as the right to equality, prevail over the decision of the Budgetary Authority. It also confirms the award of costs against the State as the losing party, with no good faith shown.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1335010.json", "html_url": "/legal/doc/nexus-sen-1-0034-1335010", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1335010" }, { "id": "nexus-sen-1-0034-1335227", "citation": "Res. 02277-2025 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of Police Risk Pay for SINAC Park Rangers", "title_es": "Improcedencia del plus por riesgo policial para guardaparques del SINAC", "summary_en": "The Second Chamber of the Supreme Court of Justice rules on a cassation appeal filed by a SINAC employee who claimed retroactive payment of the police risk pay bonus. The worker argued that the Forestry Law (Art. 54) and other norms grant him police authority status, so his duties as park ranger —including environmental protection and control, seizures, and patrols— entitle him to the 18 % base salary incentive provided in the General Police Law. The Chamber upholds the lower court ruling and declares the appeal without merit. It holds that, although various laws confer police authority status on SINAC officials, that authority is limited to reporting infractions and cooperating with competent authorities. Their duties are not comparable to those of police forces responsible for national security, public order, and crime repression; therefore, the degree of risk is not the same. The Chamber concludes that the plaintiff's duties do not fit the legal and jurisprudential parameters required for granting the incentive.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/07/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1335227.json", "html_url": "/legal/doc/nexus-sen-1-0034-1335227", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1335227" }, { "id": "nexus-sen-1-0034-1335997", "citation": "Res. 03070-2025 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Wage differentials for Guardacostas II duties and the suitability requirement", "title_es": "Reconocimiento de diferencias salariales por funciones de Guardacostas II y requisito de idoneidad", "summary_en": "The Second Chamber reviews the cassation appeal filed by a National Coast Guard agent who claimed wage differentials for allegedly performing Guardacostas II (Liaison Sailor) duties instead of those of his Guardacostas I position. The court upholds the lower ruling denying the claim, finding that the plaintiff failed to prove he carried out all the functions of the higher class or that he met all the requirements set out in the Classes Manual, specifically the Inspector Officer grade. The Chamber reaffirms that public employment is governed by the principles of proven suitability (Article 192 of the Constitution) and legality, so salary for a position cannot be paid when the conditions are not met. It stresses that job assignment is the exclusive domain of the Administration, not the courts. In a separate note, two justices express a dissenting view on the viability of payment based on work actually performed, but agree with the majority that, in this case, the plaintiff did not demonstrate execution of all functions of the claimed class.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1335997.json", "html_url": "/legal/doc/nexus-sen-1-0034-1335997", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1335997" }, { "id": "nexus-sen-1-0034-1336322", "citation": "Res. 09328-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial compliance with interim injunction at Playa Zapotillal", "title_es": "Cumplimiento parcial de medida cautelar en Playa Zapotillal", "summary_en": "The Administrative Court, in enforcement proceedings, finds partial compliance with the interim injunction issued in November 2023 against the Municipality of Santa Cruz. The injunction aimed to protect the maritime-terrestrial zone of Playa Zapotillal and sea turtles, ordering the installation of physical barriers to block vehicles and constant police surveillance. The Court holds that the Municipality did install physical barriers (culverts) and carried out awareness campaigns, waste management, and reforestation, thus partially complying. However, surveillance has not been constant or periodic, and no evidence shows that the Municipal Police requested assistance from the Public Force as the injunction itself authorized. The Court therefore orders reinforced surveillance with Public Force collaboration and monthly compliance reports, warning of procedural sanctions for non-compliance.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "24/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1336322.json", "html_url": "/legal/doc/nexus-sen-1-0034-1336322", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1336322" }, { "id": "nexus-sen-1-0034-1336361", "citation": "Res. 09388-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of parcel award in Golfo Dulce Forest Reserve", "title_es": "Nulidad de adjudicación de parcela en Reserva Forestal Golfo Dulce", "summary_en": "The Administrative Litigation Court annuls the 1999 agreement by which the IDA awarded Parcel 40 of the Osa Settlement to a private individual, finding that the property lies entirely within the Golfo Dulce Forest Reserve and therefore constitutes State Natural Heritage (PNE). The ruling holds that PNE lands are public-domain assets, inalienable and imprescriptible, so any act of disposal to private parties is vitiated by absolute nullity. It dismisses the defenses of time bar, lack of standing and lack of right, and orders the physical handover of the property to MINAE-SINAC. The Court concludes that the forest cover and location within the reserve imposed a legal prohibition on IDA from issuing title, and that environmental public interest prevails over the legitimate expectations of the awardee.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1336361.json", "html_url": "/legal/doc/nexus-sen-1-0034-1336361", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1336361" }, { "id": "nexus-sen-1-0034-1336390", "citation": "Res. 09426-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary Suspension of the Regulation for Regionalized Management of Solid and Organic Waste", "title_es": "Suspensión cautelar del Reglamento para la gestión regionalizada de residuos sólidos y orgánicos", "summary_en": "The Municipality of Zarcero filed a precautionary measure seeking to suspend Executive Decree 44974-S, which establishes the Regulation for Regionalized Management of Ordinary Solid and Organic Waste in Costa Rica. The municipality argued the decree imposes obligations contrary to law and violates municipal autonomy. The judge analyzed the requirements of fumus boni iuris (appearance of good right), periculum in mora (danger in delay), and balance of interests. While she found fumus boni iuris in the municipality's claim, she determined that no grave or imminent harm to the canton of Zarcero was demonstrated and no technical evidence was provided. In balancing interests, the public interest in integrated waste management and public health prevailed. The court therefore denied the precautionary measure without ruling on costs; the decision is appealable.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1336390.json", "html_url": "/legal/doc/nexus-sen-1-0034-1336390", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1336390" }, { "id": "nexus-sen-1-0034-1336667", "citation": "Res. 00869-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity for Omission of Evidence in Better Right of Possession", "title_es": "Nulidad por preterición de prueba en mejor derecho de posesión", "summary_en": "The Agrarian Court of San José annuls the ruling of the Agrarian Court of Upala that had upheld Marta Montano Hernández's claim for better right of possession over a 2-hectare plot. The court identifies multiple procedural defects: omission of evidence, as the appealed ruling neither assessed the defendants' testimonial evidence (generically labeling it as complacent without detailed analysis) nor the documentary evidence (judgments from prior possessory and domestic violence proceedings); inconsistency and lack of reasoning, because it awarded damages without any analysis and failed to address the claimed moral damages. It rejects the grievance regarding the expert not being summoned to the trial hearing, considering that the Agrarian Jurisdiction Law does not require mandatory presence and the parties did not request it. It orders the lower court to issue a new, fully reasoned judgment assessing all evidence and completely resolving all claims.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1336667.json", "html_url": "/legal/doc/nexus-sen-1-0034-1336667", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1336667" }, { "id": "nexus-sen-1-0034-1336683", "citation": "Res. 00885-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Felling of trees leaning over a creek and replacement with native species", "title_es": "Corta de árboles inclinados sobre quebrada y reposición con especies nativas", "summary_en": "The Agrarian Tribunal heard a summary felling proceeding in which the plaintiff sought authorization to cut down two trees located within the protection area of a creek, due to the danger of them falling onto her property caused by erosion from the Chipanzo River. The lower court had only granted the subsidiary claim, authorizing pruning of 50% of the crowns. The Tribunal partially overturned and granted the main claim of felling, having verified that the trees’ leaning constituted a current and imminent danger, based on Article 275 of the Agrarian Procedural Code, which permits felling when works or goods pose a threat to persons or public property. Moreover, it ordered the replacement of the forest resource: the plaintiff must plant four smaller native species for each tree felled, under the technical guidance of MINAE, grounded on Articles 145 and 148 of the Water Law, which impose the duty to conserve and replace trees on riverbanks and creek margins.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "19/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1336683.json", "html_url": "/legal/doc/nexus-sen-1-0034-1336683", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1336683" }, { "id": "nexus-sen-1-0034-1336733", "citation": "Res. 00911-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Boundary dispute and reivindicatory action over construction of hydroelectric dam in Varablanca", "title_es": "Conflicto de linderos y reivindicación por construcción de represa hidroeléctrica en Varablanca", "summary_en": "Resolution of the Agrarian Tribunal in an ordinary proceeding brought by Cataratas Marianne y Maristella S.A. against Fiduciaria AML S.A. and Central Hidroeléctrica El Arrayán S.A., in which the plaintiff claims ownership of a property in Varablanca, Heredia, and the encroachment of its boundaries by the construction of a hydroelectric dam on the San Rafael River. The plaintiff seeks a declaration of ownership according to the recorded boundaries, demolition of the works, and damages. Defendant Fiduciaria answered negatively and filed a counterclaim seeking the nullity of the cadastral plan and the merger of properties that created the plaintiff's farm, alleging absolute nullity. Arrayán, joined as co-defendant sua sponte, also answered negatively and raised defenses of statute of limitations and lack of standing. The Agrarian Court dismissed the main claim, sustained various exceptions of lack of standing, and partially granted the statute of limitations regarding Arrayán's plan. On appeal, the Agrarian Tribunal, after a detailed analysis of the topographical expert evidence showing no overlap between the plaintiff's and Fiduciaria's plans and that the disputed area belongs to Arrayán, upholds the denial of the reivindicatory and nullity claims, but partially reverses the judgment as to costs, ordering the plaintiff to pay the costs of the action against Arrayán.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1336733.json", "html_url": "/legal/doc/nexus-sen-1-0034-1336733", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1336733" }, { "id": "nexus-sen-1-0034-1336755", "citation": "Res. 00939-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Revocation of possessory interdict in INDER settlement", "title_es": "Revocatoria de interdicto posesorio en asentamiento del INDER", "summary_en": "The Agrarian Tribunal revokes a lower court ruling that had granted a possessory interdict in favor of César Carmona Alvarado over a plot in the Cámara de Ganaderos de Coyolar Settlement, Orotina. The plaintiff claimed agrarian possession of the property, but the Tribunal found that there was no real, stable, and effective possession at the time the defendants entered the land after its allocation by the Rural Development Institute (INDER). Evidence, including witness testimony and a judicial inspection, showed the lot was abandoned: fences in poor condition or missing, no buildings, crops, or rural housing. The defendants, instead, took legitimate possession in January 2021 after being selected as allottees, cleaned the land, repaired fences, and built a rustic dwelling. The Tribunal upheld the exception of lack of active standing and dismissed the claim, ordering the plaintiff to pay costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "29/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1336755.json", "html_url": "/legal/doc/nexus-sen-1-0034-1336755", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1336755" }, { "id": "nexus-sen-1-0034-1336756", "citation": "Res. 00940-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information in Los Santos Forest Reserve: ten-year possession prior to declaration", "title_es": "Información posesoria en Reserva Forestal Los Santos: posesión decenal previa a la declaratoria", "summary_en": "The Agrarian Court upheld the approval of possessory information over a 4,793 m² property located in Copey de Dota, within the Los Santos Forest Reserve. The petitioner proved ten-year possession since 1965—prior to the reserve’s 1975 creation decree—through compelling testimony from elderly neighbors. The chain of possession dates back to the 1960s, with successive transfers established, despite minor inconsistencies the Court deemed insufficient to overturn the evidence. The State’s argument of lack of just title was rejected because standing derives from usucapion, not the public deed of acquisition. Regarding ecological possession, the Court found that the historical silvopastoral use is compatible with the reserve’s regime and that the land now shows natural regeneration, fulfilling its environmental function. The ruling reaffirms that rights consolidated before the protected area’s creation prevail, and that possessory information is proper upon proof of quiet, public, and ownerly possession for at least ten years prior to the declaration.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "29/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1336756.json", "html_url": "/legal/doc/nexus-sen-1-0034-1336756", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1336756" }, { "id": "nexus-sen-1-0034-1337222", "citation": "Res. 09551-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of Res Judicata Defense on Environmental Precautionary Measure", "title_es": "Rechazo de defensa de cosa juzgada material sobre medida cautelar ambiental", "summary_en": "The Administrative and Civil Tax Court, in Resolution No. 09551-2025, decides a preliminary defense of res judicata raised by Hacienda Guacalillo S.A. in a case filed by the National Power and Light Company (CNFL). CNFL sought a precautionary measure to allow access to a property for maintenance of transmission lines and a buffer slope. The defendant argued that this same precautionary claim had already been decided in Judgment No. 1558-2015 of the same court, thus creating res judicata. The Court analyzes the nature of material res judicata and concludes that a ruling on a precautionary measure in a prior proceeding does not produce the effect of material res judicata, since res judicata only arises from final judgments on the merits. Therefore, the defense is rejected and the ordinary proceedings are to continue.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1337222.json", "html_url": "/legal/doc/nexus-sen-1-0034-1337222", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1337222" }, { "id": "nexus-sen-1-0034-1337223", "citation": "Res. 09552-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Enforcement of judgment for loss of desirability in condominium due to health order and loss of common areas", "title_es": "Ejecución de sentencia por pérdida de deseabilidad en condominio por orden sanitaria y pérdida de áreas comunes", "summary_en": "The Contentious-Administrative Court resolved the enforcement of a prior judgment that found material damage due to the devaluation of homes in the Vila del Lago Condominium, caused by a loss of 'desirability' stemming from a health order for sewage management issues and the reduction of common areas to build a treatment plant. The initial trial judgment held the developer GVL AKARI SRL and the Municipality of Alajuela jointly liable. In this phase, the court rejected the plaintiff's private expert evidence for lack of qualifications and relied on the judicial expert's report but adjusted the loss-of-desirability percentage from the proposed 29.43% to 12%, granting 4% for loss of social areas and 8% for the health order. It dismissed other claimed items (plant maintenance, water meters, wall repairs, odors, and issues with unit 23) as exceeding the judgment's scope or being already adjudicated. It set individualized awards for 16 co-owners totaling ₡108,845,535 plus partial indexation, and granted procedural costs for the prior expert fees.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "30/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1337223.json", "html_url": "/legal/doc/nexus-sen-1-0034-1337223", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1337223" }, { "id": "nexus-sen-1-0034-1337276", "citation": "Res. 09468-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of exclusion acts and non-extension of contracts in administrative proceeding", "title_es": "Nulidad de actos de descalificación y no prórroga contractual en procedimiento administrativo", "summary_en": "The Administrative Appeals Court dismisses a nullity claim against acts by the Municipality of Heredia and the Comptroller General's Office (CGR) that disqualified Mantenimiento Zonas Verdes Gabelo S.A. from two public tenders and did not renew three existing contracts, because the company fell under the prohibition regime of the Administrative Contracting Law (LCA). The plaintiff argued that its vice-president served as an alternate district councilor, a position not listed in the exhaustive prohibition lists, and that the CGR changed its criteria without notification, violating due process and freedom of enterprise. The Court declares one challenge time-barred, and on the merits, holds that subsection d) of Article 22 bis LCA empowers the CGR to determine additional prohibitions based on the potential to influence. It concludes that alternate councilors, by proposing district needs for the municipal budget, can affect procurement, so the prohibition is legal and proportionate. It denies damages and orders plaintiff to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1337276.json", "html_url": "/legal/doc/nexus-sen-1-0034-1337276", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1337276" }, { "id": "nexus-sen-1-0034-1337281", "citation": "Res. 09473-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of interim measure over alleged chlorothalonil contamination in Oreamuno water", "title_es": "Rechazo de medida cautelar por presunta contaminación con clorotalonil en agua de Oreamuno", "summary_en": "The Administrative Court denied the interim measure requested by Álvaro Sagot Rodríguez and Fabián Pacheco Rodríguez, who challenged the ministerial decision MS-DM-2187-2025 authorizing risk-adjusted maximum allowable values for chlorothalonil metabolites in drinking water. The plaintiffs argued that this decision effectively suspended the Potable Water Quality Regulation and posed a grave risk to the life and health of the communities of Santa Rosa, San Pablo, and Cipreses in Oreamuno. After analyzing the legal requirements, the court found that while there was a prima facie case regarding the challengeability of the act, the plaintiffs failed to prove the 'periculum in mora' (danger in delay), i.e., a grave and imminent harm justifying interim relief. The State's evidence, based on risk assessments by the Pan American Health Organization, showed that the detected concentrations did not pose an unacceptable risk to human health, whereas the plaintiffs offered no contrary technical evidence. Furthermore, the court balanced the interests at stake, concluding that the public interest in ensuring access to drinking water based on scientific evidence prevailed.", "primary_topic_id": null, "topic_ids": [], "date": "29/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1337281.json", "html_url": "/legal/doc/nexus-sen-1-0034-1337281", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1337281" }, { "id": "nexus-sen-1-0034-1337335", "citation": "Res. 09593-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of preliminary objection for failure to exhaust administrative remedies in contentious proceeding on use permits in wildlife refuge", "title_es": "Rechazo de defensa previa por agotamiento de la vía en proceso contencioso sobre permisos de uso en refugio de vida silvestre", "summary_en": "The Contentious Administrative Tribunal resolves a preliminary objection of failure to exhaust administrative remedies filed by SINAC officials in a proceeding brought by two corporations. The plaintiffs seek nullification of administrative acts that disregarded use permits granted in the Maritime Terrestrial Zone of the Preciosa-Platanares Wildlife Refuge, as well as a declaration of liability for damages. The tribunal recalls that, pursuant to Article 31 of the Contentious Administrative Procedure Code and constitutional case law, exhaustion of administrative remedies is optional, except in municipal and public procurement matters. Since the case concerns SINAC acts and does not fall within those exceptions, the preliminary objection is rejected and proceedings are ordered to continue.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "02/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1337335.json", "html_url": "/legal/doc/nexus-sen-1-0034-1337335", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1337335" }, { "id": "nexus-sen-1-0034-133941", "citation": "Res. 00323-2000 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Possessory Information Claim in a Forest Reserve for Lack of Ecological Possession", "title_es": "Denegatoria de información posesoria en reserva forestal por falta de posesión ecológica", "summary_en": "The Agrarian Tribunal reverses a lower court decision that had granted a possessory information claim over approximately 299 hectares located entirely within the Cordillera Volcánica Central Forest Reserve. The claimant argued possession through successive purchases since 1974. The Tribunal holds that the land is part of the State's Natural Heritage and that acquiring rights over it requires proof of “ecological possession”—possessory acts aimed at protecting and conserving the forest and its natural resources—rather than ordinary agrarian possession. Witness testimony failed to establish such ecological care, and the transfer deeds do not by themselves prove material possession as required by law. The information is therefore denied, reinforcing the principle that only possession that fulfills an ecological function may serve as the basis for titling within State protected areas.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "07/07/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0034-133941.json", "html_url": "/legal/doc/nexus-sen-1-0034-133941", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-133941" }, { "id": "nexus-sen-1-0034-1341179", "citation": "Res. 09643-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial compliance with municipal ruling on wastewater discharge", "title_es": "Cumplimiento parcial de condena municipal por vertido de aguas residuales", "summary_en": "This ruling by the Administrative Litigation Court resolves the execution phase of judgment 67-2021-V, which ordered the Municipality of San Rafael de Heredia to carry out infrastructure works to address untreated stormwater and wastewater discharges affecting a property owned by Vera Garita Araya, and to pay material and moral damages. During execution, the Court found that the moral damage payment had been made, but the ordered works had not been effectively completed, so it reiterates the order to carry them out. Regarding material damages, the plaintiff requested over 161 million colones based on an expert appraisal that the Court found inconsistent and not properly grounded. The Court accepts the expert’s lower “salvage value” of 9,510,720 colones as the appropriate compensation for the deterioration of the land, rather than its full market value. It also orders the municipality to pay this amount along with interest and grants personal costs of 1,000,000 colones, rejecting the addition of VAT.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "06/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1341179.json", "html_url": "/legal/doc/nexus-sen-1-0034-1341179", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1341179" }, { "id": "nexus-sen-1-0034-1341214", "citation": "Res. 09687-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Suspension of Natural Watercourse Cleanup Order Denied", "title_es": "Suspensión de orden de limpieza de cauce natural denegada", "summary_en": "The Administrative Court denied a precautionary measure requested by CARVASA S.A. to suspend the effects of official communication DA-UHSAN-0215-2025 and related resolutions, through which the State ordered works on a watercourse. The company alleged absolute nullity of the administrative act and potential serious economic harm. The court found that there was an appearance of good right but concluded that the applicant failed to demonstrate danger in delay or a serious, actual or potential harm warranting the interim suspension. In the balancing of interests, the public interest and the precautionary principle in environmental matters prevailed, protecting public domain assets, especially the ecological and hydrological balance of the area, over the private interest of the company.", "primary_topic_id": null, "topic_ids": [], "date": "07/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1341214.json", "html_url": "/legal/doc/nexus-sen-1-0034-1341214", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1341214" }, { "id": "nexus-sen-1-0034-1342744", "citation": "Res. 00450-2025 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Obligation to prove the origin of transported timber", "title_es": "Obligación de acreditar el origen de la madera transportada", "summary_en": "The Criminal Appeals Tribunal of Guanacaste overturns an acquittal in a case of illegal timber transportation. The accused was caught carrying 4.06 m³ of sawn wood without permits, but the trial judge acquitted on the grounds that the prosecution failed to state whether the wood came from a forest or plantation. The appellate tribunal rejects this narrow reading and holds that Article 56 of the Forestry Law, in conjunction with Article 63(a), requires the transporter to prove the origin of any wood in logs, squared, or sawn, regardless of its source. To comply, the transporter must present a certificate of origin, a harvesting permit, or the corresponding invoice. The Chamber finds the prosecution’s charges legally sufficient and orders a new trial to properly evaluate the evidence, including the invoice provided by the accused and his defense narrative.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "23/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1342744.json", "html_url": "/legal/doc/nexus-sen-1-0034-1342744", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1342744" }, { "id": "nexus-sen-1-0034-1342814", "citation": "Res. 09787-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Joinder of necessary passive litisconsortium for public road widening", "title_es": "Integración de litis consorcio pasivo necesario para ampliación de calle pública", "summary_en": "The Administrative Litigation Tribunal orders the ex officio joinder of Inversiones Romu KGZP del Pacífico S.A. and Corporación El Potrero Nacional del Este S.A., owners of properties bordering the north and south sides of Calle Bonilla in Goicoechea, in a proceeding where the Valle Verde Environmental Protection Association sues the Municipality of Goicoechea to widen the road to 14 meters and build sidewalks in compliance with the General Public Roads Law and pedestrian mobility and disability regulations. The Tribunal holds that a potential favorable ruling could require expropriation of adjacent properties, affecting the rights of the neighbors, making it necessary to join them as necessary passive litisconsorts to allow their defense and avoid an inutile judgment. Additionally, previous procedural acts —including the initial rejection of joinder, preliminary hearings, and judicial inspection— are annulled, and the case is remanded to the procedural phase to complete the required steps with the new parties.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1342814.json", "html_url": "/legal/doc/nexus-sen-1-0034-1342814", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1342814" }, { "id": "nexus-sen-1-0034-134284", "citation": "Res. 00318-1999 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest harvesting without permit on private land", "title_es": "Aprovechamiento forestal sin permiso en predio privado", "summary_en": "The Criminal Cassation Court resolves a sentence review regarding an illegal logging conviction. The defendant argued a violation of the legality principle because the facts did not fit Article 61(c) of the Forestry Law, claiming the land was not a forest nor under forest regime. The Court corrects a material error in the conviction: it actually applied Article 61(a), which punishes forest harvesting on private property without a permit, regardless of land classification. It upholds that the conduct—clearing half a hectare for cucumber farming without authorization—fits the criminal definition in subsection (a). The Court also rejects arguments on violation of sound criticism rules, use of prior convictions to deny suspended sentence, and statute of limitations for the penalty. The review is dismissed.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "20/08/1999", "year": "1999", "json_url": "/data/legal/docs/nexus-sen-1-0034-134284.json", "html_url": "/legal/doc/nexus-sen-1-0034-134284", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-134284" }, { "id": "nexus-sen-1-0034-1342857", "citation": "Res. 09841-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Claim for alleged municipal-built ditch dismissed: court finds natural stream, not man-made", "title_es": "Demanda por supuesta acequia construida por la Municipalidad es rechazada al probarse que se trata de una quebrada natural", "summary_en": "The Administrative Litigation Court dismissed the lawsuit filed by Ana Lucía Víquez Hidalgo and La Casita de Esmeralda S.A. against the Municipality of Cartago. The plaintiffs sought damages and the relocation of what they claimed was an illegally built ditch on their properties, arguing it impaired residential use and diminished value. Based on technical evidence from the Water Directorate (MINAE) and the municipality, the court found that no artificial ditch exists; instead, the Quebrada María Antonieta, a natural, permanent public-domain stream, flows through the lots. Evidence showed the stream had been illegally piped and diverted by previous owners, and that the municipality’s 2003 intervention merely executed a Constitutional Chamber order to restore the natural watercourse. The court held no causal link existed between any wrongful municipal conduct and the alleged harm, dismissed the claim, and ordered the plaintiffs to pay costs.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "13/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1342857.json", "html_url": "/legal/doc/nexus-sen-1-0034-1342857", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1342857" }, { "id": "nexus-sen-1-0034-1342946", "citation": "Res. 09977-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary Measure to Suspend Export of Silky and Thresher Sharks Rejected", "title_es": "Medida cautelar para suspender exportación de tiburón sedoso y zorro rechazada", "summary_en": "The Administrative Contentious Court rejects a precautionary measure filed by a private individual acting under popular environmental action to immediately suspend the export of silky shark and three thresher shark species, listed as threatened or endangered in resolution R-SINAC-CONAC-008-2021. Although the court acknowledges prima facie good right based on instrumentality previously declared by the Court of Appeals and the plaintiff's standing under Article 50 of the Constitution, it finds no proof of danger in delay. The biological reports submitted only document export volumes (738 tons of silky shark meat between June 2023 and May 2024) but do not analyze the current status of the marine stock or refute the positive non-detriment findings (NDFs) supporting exports under CITES Appendix II. In balancing interests, the court concludes that the public interest in regulating and licensing fishing activities prevails over an absolute ban, given the economic impact on coastal communities and the lack of scientific evidence justifying a total restriction. The provisional measure is revoked and the injunction is denied in its entirety.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1342946.json", "html_url": "/legal/doc/nexus-sen-1-0034-1342946", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1342946" }, { "id": "nexus-sen-1-0034-1343035", "citation": "Res. 10055-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of jurisdictional challenge in environmental judgment enforcement", "title_es": "Rechazo de incompetencia para ejecutar sentencia ambiental", "summary_en": "The Enforcement Judge of the Contentious Administrative Court rejects the jurisdictional challenge raised by Industrias Infinito S.A. to enforce judgment 4933-2010. The company argued that a parallel process before the Constitutional Chamber (file 19-0011277-007-CO) had a similar judgment and that joint enforcement would ensure adequate environmental damage repair. The judge, while acknowledging the request's expediency, found no legal basis to decline the exclusive jurisdiction granted by the Political Constitution (Article 49) and the Contentious Administrative Procedure Code (Articles 155-157) to enforce its own judgments. The challenge was rejected, and enforcement proceedings continued.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1343035.json", "html_url": "/legal/doc/nexus-sen-1-0034-1343035", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1343035" }, { "id": "nexus-sen-1-0034-1343038", "citation": "Res. 10063-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Injunction against criminal reparatory plan and SINAC inspections", "title_es": "Medida cautelar contra plan reparador penal y visitas del SINAC", "summary_en": "The Administrative Litigation Court denies an injunction requested by Cristobal Matías Murasso Schellhorn against the State, SINAC, and an ASADA. The plaintiff owns a 46.12-hectare avocado farm in El Guarco, Cartago, and sought to suspend administrative acts by SINAC and MINAE, as well as items 2 and 3 of a reparatory plan approved in criminal proceedings (case 21-002317-0345-PE) following a complaint about encroachment on a protection zone. The judge analyzes the three precautionary requirements: fumus boni iuris, periculum in mora, and balancing of interests. She finds no semblance of good right, as the claim is imprecise and conflates administrative acts with criminal matters already under another jurisdiction. No serious and irreparable harm justifying the injunction is proven. In balancing interests, the judge favors the public interest and the application of the environmental precautionary principle. The request is denied, with no order as to costs due to the precautionary nature.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "22/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1343038.json", "html_url": "/legal/doc/nexus-sen-1-0034-1343038", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1343038" }, { "id": "nexus-sen-1-0034-1343041", "citation": "Res. 10067-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of dismissal due to violation of defense rights and lack of technical studies in municipal reorganization", "title_es": "Nulidad del despido por violación al derecho de defensa y falta de estudios técnicos en reorganización municipal", "summary_en": "The Contentious Administrative Court nullifies the dismissal of an architect from the Municipality of San José during the 2020 restructuring. Serious defects are found: (i) the technical documents supporting the elimination of his position were not provided, violating his right to defense; (ii) the reorganization was approved before having the technical studies required by Article 155(b) of the Municipal Code; and (iii) it was not proven that the restructuring affected at least 60% of workers, as required by Article 16 of the Collective Agreement. The court orders the nullity of the challenged acts, reinstatement, payment of lost wages, moral damages, and costs. The ruling emphasizes that collective agreements have the force of law and that restructuring processes must respect due process and prior technical studies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1343041.json", "html_url": "/legal/doc/nexus-sen-1-0034-1343041", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1343041" }, { "id": "nexus-sen-1-0034-1343054", "citation": "Res. 10101-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "State liability for pre-trial detention followed by acquittal with proof of innocence", "title_es": "Responsabilidad del Estado por prisión preventiva seguida de absolución por certeza", "summary_en": "The Administrative Litigation Court orders the State to pay ₡30 million for moral damages to a woman who, after being convicted at first instance of sexual crimes, spent 16 months and 19 days in pre-trial detention until an appellate court overturned the conviction and, on remand, she was acquitted with absolute certainty of innocence. The Court applies Article 271(2) of the Criminal Procedure Code, which imposes on the State the duty to compensate when pre-trial detention ends in acquittal based on full proof of innocence. Although the plaintiff claimed lost income, this was denied for lack of evidence of steady earnings. Moral damages were assessed considering not only the unjust deprivation of liberty per se, but the degrading conditions suffered in prison: physical and verbal abuse by other inmates, humiliating strip searches by guards, sabotage of her belongings, and the additional anguish from knowing of her daughters' suffering (one lost a job, the younger suffered bullying and drug use) and the breakdown of her marriage. The Court clarifies that the daughters' own damages are not directly compensated, only factored in as they aggravated the plaintiff's moral suffering. It declines to follow prior case-law amounts and sets compensation based on the exceptional circumstances of the case.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1343054.json", "html_url": "/legal/doc/nexus-sen-1-0034-1343054", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1343054" }, { "id": "nexus-sen-1-0034-1343310", "citation": "Res. 00534-2025 Tribunal Segundo de Apelación Civil de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Expiry of Possessory Interdict — Computation from the Perturbing Acts, Not from Their Discovery", "title_es": "Caducidad del interdicto posesorio — cómputo desde los hechos perturbadores, no desde su conocimiento", "summary_en": "The Second Civil Appeals Court of San José upholds the dismissal of a possessory interdict claim on grounds of expiry. The plaintiff alleged disturbance from earthworks carried out in 2017 causing dampness in her house, but filed the lawsuit in May 2021. The trial court found the action expired under Art. 106.1 of the Civil Procedure Code, which sets a three‑month limit from “the facts or works complained of.” The appeals court holds that the calculation starts not from the knowledge of the disturbance—here, the dampness appearing in 2021—but from the perturbing act itself. It distinguishes between the triggering event (earth movement) and its effects (dampness). It concludes that the three‑month period had long since elapsed before the claim was brought. It also rejects challenges to the assessment of evidence and the exclusion of expert testimony, and upholds the order that the plaintiff pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1343310.json", "html_url": "/legal/doc/nexus-sen-1-0034-1343310", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1343310" }, { "id": "nexus-sen-1-0034-1347843", "citation": "Res. 00950-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of sentence enforcement for lack of delimitation and res judicata", "title_es": "Nulidad de ejecución de sentencia por falta de delimitación y cosa juzgada", "summary_en": "The Agrarian Tribunal annuls the enforcement ruling issued by the Agrarian Court of San Carlos, which ordered the restitution of a 35-hectare disputed property containing forests and wetlands. The appellate court finds that the challenged decision lacks proper reasoning and violates the principle of res judicata, as it relied on expired cadastral plans covering a larger area (approximately 123 hectares) without accurately delimiting the land to be returned. Furthermore, it improperly delegated to the police force the task of establishing the boundaries, neglecting the judicial duty to specify the hectares subject to the judgment. The defendants argued that the plans used did not correspond to the disputed area and that the enforcement sought to seize additional lands they had possessed for over twenty years. The tribunal upholds the ancillary nullity motion and annuls the ruling, without addressing the substantive grievances, including the presence of wetlands and the potential impact on the State's natural heritage.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "01/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1347843.json", "html_url": "/legal/doc/nexus-sen-1-0034-1347843", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1347843" }, { "id": "nexus-sen-1-0034-1347888", "citation": "Res. 00996-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Subject-matter challenge: neighborhood dispute not within agrarian jurisdiction", "title_es": "Inhibitoria por materia: conflicto de vecindad no corresponde a sede agraria", "summary_en": "The Agrarian Court addresses the competence challenge raised by the Agrarian Court of Guanacaste (Liberia) in a summary condominium dispute brought by Ladera del Mar Homeowners Association against Ladera du Pacifique S.R.L. The plaintiff alleges construction of a fence without approval from the Architectural Review Committee and breach of the Ecological Easement and Restrictions Regulation, invoking the right to a healthy environment (Article 50 of the Constitution). The Agrarian Court holds that the dispute is of a civil, not agrarian, nature: the property—though registered as agricultural land—serves a purely residential purpose, no agricultural production activity takes place, and the core conflict is a neighborhood disagreement over a fence. The mere invocation of environmental norms or the existence of an ecological easement does not confer agrarian jurisdiction. Accordingly, it upholds the challenge, declares the Civil Court of Santa Cruz competent, and, in light of the latter’s declination, certifies a conflict of jurisdiction and remands the file to the First Chamber of the Supreme Court of Justice for final determination.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1347888.json", "html_url": "/legal/doc/nexus-sen-1-0034-1347888", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1347888" }, { "id": "nexus-sen-1-0034-1347943", "citation": "Res. 00976-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian Interdict Dismissal Against Court-Ordered Eviction", "title_es": "Improponibilidad de interdicto agrario contra desalojo ordenado judicialmente", "summary_en": "The Agrarian Tribunal upholds the dismissal of a summary agrarian interdict action for restitution of possession. The plaintiff claimed to have been dispossessed through an eviction carried out by public force on June 11, 2024, ordered within a criminal proceeding under case file 22-000913-0076-PE, initiated by the defendant. The Tribunal reiterates its settled case law: an agrarian interdict is not admissible when the dispossession results from a judicial or administrative order, since its validity cannot be reviewed in summary interdict proceedings; it must be challenged in the appropriate venue. Holding otherwise would create a jurisdictional overlap and violate due process and the natural judge principle. The plaintiff is ordered to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1347943.json", "html_url": "/legal/doc/nexus-sen-1-0034-1347943", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1347943" }, { "id": "nexus-sen-1-0034-1348007", "citation": "Res. 00268-2025 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Restoration of Water Protection Areas Against a Subsequent Owner", "title_es": "Restitución de áreas de protección hídrica a tercero propietario sobrevenido", "summary_en": "The Criminal Sentencing Appeals Court of Cartago upheld a ruling ordering the restoration of water protection areas to their original state, even against a third-party owner who acquired the property after the environmental offenses occurred. The court held that although the original defendant's criminal liability was not established, the invasion of spring and stream protection areas by coffee and banana crops and a road was proven, per the OIJ's expert report. The third-party owner was ordered to allow the State (SINAC and the Municipality of Tarrazú) to carry out the restoration, with the State bearing the costs. The Chamber rejected the third party's appeal claiming violation of defense rights because he could not challenge evidence earlier. The ruling finds his late appearance was due to his post-offense acquisition, and in the re-trial he had full opportunity to defend himself but requested no new evidence. It reaffirms the duty to restore a healthy environment over property rights in cases of environmental wrongdoing.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1348007.json", "html_url": "/legal/doc/nexus-sen-1-0034-1348007", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1348007" }, { "id": "nexus-sen-1-0034-1348055", "citation": "Res. 00449-2025 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Criminal acquittal on statute of limitations, civil damages upheld for logging in water protection area", "title_es": "Absolución penal por prescripción y confirmación de condena civil por tala en área de protección", "summary_en": "The Cartago Criminal Appeals Court heard two appeals against a conviction for forest harvesting within a permanent water spring protection area. Unanimously, the court declared the criminal action extinguished by the statute of limitations, as more than eighteen months had elapsed since the last interrupting act (full reading of the judgment) without the appeals being processed, due to negligent handling by the trial court. Consequently, the accused was acquitted. By majority, however, the court upheld the civil damages award in favor of the State and the confiscation of chainsaws, on the grounds that the civil action prescribes independently (ten-year period under Article 868 of the Civil Code) and that the unlawful act and causal link to environmental harm were proven. Judge Fernández Mora's dissenting vote argues that the civil action also prescribed along with the criminal action under Article 871 of the Civil Code, and that the Third Chamber's interpretation of its tacit repeal is mistaken.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "11/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1348055.json", "html_url": "/legal/doc/nexus-sen-1-0034-1348055", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1348055" }, { "id": "nexus-sen-1-0034-1348068", "citation": "Res. 00468-2025 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Transporting wood without documentation is a crime regardless of exact origin", "title_es": "Transportar madera sin documentación constituye delito, independientemente de su origen exacto", "summary_en": "The Criminal Appeals Court of Cartago overturned an acquittal issued by the Flagrancy Court of Corredores, which had acquitted a defendant of illegal transportation of forest products. The trial judge considered that the prosecution failed to prove the wood came from a forest or forest plantation as defined by Article 3 of the Forestry Law, and did not establish how the defendant acquired the wood. The Appeals Court granted the prosecutor's appeal, annulled the judgment, and ordered a retrial. It held that Article 56 of the Forestry Law penalizes transporting or moving wood without documentation proving its legitimate origin, without requiring proof of the wood's exact source (forest or forest plantation). It interpreted that the obligation to carry documents (certificate of origin, transport guide, or invoice) applies to all wood movement, whether from forest, forest plantation, agroforestry systems, or even individually planted trees, as otherwise the forest resource and chain of custody would be unprotected. It cited case law from the Third Chamber and the Constitutional Chamber to support that exemption from a cutting permit does not exempt from transport documentation, and that the concept of plantation is broader than the Article 3 definition. The court also noted a lack of reasoning regarding the acquisition, but the main defect was the improper requirement to prove the wood's exact origin.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "23/09/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1348068.json", "html_url": "/legal/doc/nexus-sen-1-0034-1348068", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1348068" }, { "id": "nexus-sen-1-0034-1348171", "citation": "Res. 00135-2025 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal Inadmissible Against Denial of Environmental Intervention", "title_es": "Improcedencia de apelación contra rechazo de coadyuvancia ambiental", "summary_en": "The Appeals Court of Contentious Administrative and Civil Matters of the Treasury flatly dismisses an appeal filed against an order that denied an active intervention (coadyuvancia) sought by an individual in an ordinary proceeding initiated by an environmental association against the Municipality of Goicoechea. The underlying claim involved the municipality's alleged failure to require the dedication of green areas and recovery of a playground in a residential development. The lower court denied the intervention request, finding that the applicant did not demonstrate an indirect interest as required by Article 13 of the Contentious Administrative Procedure Code; the applicant's reliance on the general right to a healthy and ecologically balanced environment was deemed a direct, rather than indirect, interest. Upon the denial of a motion to reconsider that decision, the applicant attempted to appeal. The Appeals Court holds the appeal inadmissible because Article 71(4) of the Code only allows an appeal against an order deciding joinder in a passive joinder situation, not against a ruling on an intervention request under Article 13, which is subject only to a motion to reconsider. The Court thus confirms that no vertical appeal lies against the denial of a coadyuvante application.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "07/04/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1348171.json", "html_url": "/legal/doc/nexus-sen-1-0034-1348171", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1348171" }, { "id": "nexus-sen-1-0034-1349202", "citation": "Res. 03627-2025 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Police-risk pay for SINAC officials", "title_es": "Plus por riesgo policial para funcionarios del SINAC", "summary_en": "The Second Chamber of the Supreme Court, by majority, rejects the cassation appeal of a SINAC official who claimed retroactive payment of a police-risk bonus. The plaintiff held positions including Natural Resources Guard, Civil Service Professional, and Manager of Prevention, Protection and Control, and argued that the Forestry Law, the National Parks Service Law, and the Wildlife Conservation Law grant him police-authority status, and that his field duties expose him to risks comparable to those of the Public Force. The majority held that, although those laws confer that character, his duties are limited to reporting violations, collaborating, and seizing illegal products, but do not constitute police functions as described in the General Police Law and its Regulations. The bonus is reserved exclusively for members of police corps with formal investiture under those regulatory provisions. A dissenting vote of two judges found that the plaintiff’s tasks do involve comparable risks and that the principle of equal pay justifies granting the bonus.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1349202.json", "html_url": "/legal/doc/nexus-sen-1-0034-1349202", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1349202" }, { "id": "nexus-sen-1-0034-1349207", "citation": "Res. 03632-2025 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of Judgment for Unresolved Appeal on Evidence", "title_es": "Anulación de sentencia por apelación de prueba no resuelta", "summary_en": "The Second Chamber of the Supreme Court of Justice reviewed a cassation appeal filed by a Ministry of Health employee against a judgment that denied his claim for a hazardous duty pay incentive. The plaintiff argued that the trial court had issued its judgment without first resolving the appeal against the order that rejected his testimonial and party-declaration evidence, thereby leaving him defenseless. The Chamber majority held that, although the Appeals Court had granted the appeal with deferred effect, it should have been processed immediately under Article 585 of the Labor Code, since it was a pure legal matter. Because the first-instance judgment was issued without resolving the appeal on the evidentiary denial, due process and the right of defense were violated. Consequently, the appealed judgment was annulled and the case file was remanded to the trial court to promptly process the appeal. A dissenting vote argued that deferred appeal was appropriate and that the Chamber should have addressed the grievance in cassation, but due to the majority result, it declined to rule on the legality of the evidence rejection.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1349207.json", "html_url": "/legal/doc/nexus-sen-1-0034-1349207", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1349207" }, { "id": "nexus-sen-1-0034-1349221", "citation": "Res. 03646-2025 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of appeal over high-risk operations bonus", "title_es": "Rechazo de recurso sobre sobresueldo por operaciones de alto riesgo", "summary_en": "The Second Chamber upheld the ruling ordering the Costa Rican State to grant the plaintiff, a border officer, the High-Risk Operations salary incentive. The court analyzed STAP-5878, which created this bonus, and concluded it applies to those performing police duties under Articles 21 and 22 of the General Police Law, not only to those executing specific tasks like raids or counter-terrorism. It found the plaintiff's duties comparable to those of the police forces mentioned in the law and that the incentive compensates the possibility of being called to riskier operations, not their continuous execution. It rejected the State's argument that the police risk incentive already covered this risk, noting both concepts are distinct. Finally, it reiterated that courts are not bound to apply rules creating unfounded salary inequality, per Article 57 of the Constitution and Article 167 of the Labor Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1349221.json", "html_url": "/legal/doc/nexus-sen-1-0034-1349221", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1349221" }, { "id": "nexus-sen-1-0034-1349237", "citation": "Res. 03663-2025 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of Labor Judgment for Denial of Defense in Appeal Procedure on Rejection of Witness Evidence", "title_es": "Anulación de sentencia laboral por indefensión en el trámite de apelación sobre rechazo de prueba testimonial", "summary_en": "The Second Chamber of the Supreme Court heard a cassation appeal filed by the Municipality of Cartago against a labor judgment that ordered payment of overtime to an environmental promoter. The majority annulled the first-instance judgment, finding that the lower court improperly handled the appeal against the rejection of the municipality's witness evidence. After the case was declared purely legal and the oral hearing waived, the appeal against the evidence denial should have been processed immediately before the Court of Appeals, not deferred and conditional on the cassation. This omission left the defendant defenseless and violated due process. Consequently, the appealed judgment was annulled, and the case file was ordered returned to the original court for immediate processing of the appeal. A dissenting minority opinion argued that deferred appeal was proper and that the merits should have been addressed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1349237.json", "html_url": "/legal/doc/nexus-sen-1-0034-1349237", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1349237" }, { "id": "nexus-sen-1-0034-1349434", "citation": "Res. 01092-2025 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal of judgment in civil damages action for land-use change", "title_es": "Apelación de sentencia en acción civil resarcitoria por cambio de uso de suelo", "summary_en": "The Criminal Appeals Court of San Ramón affirms the ruling that dismissed the State's civil damages action against Don Quijote S.A. and denied restoration of the land. The Attorney General's Office alleged that 5.23 hectares of natural forest were cut and cleared in 2017. However, the trial court found that the existence of a forest ecosystem in the affected area was not proven under the Forestry Law definition. Evidence from SINAC, defense expert reports, and a topographic study indicated historical agricultural use of the land. The Appeals Chamber upholds this evidentiary assessment and rejects the challenges regarding the admission of expert evidence and the State's exoneration from costs, finding no procedural bad faith.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "10/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1349434.json", "html_url": "/legal/doc/nexus-sen-1-0034-1349434", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1349434" }, { "id": "nexus-sen-1-0034-1349512", "citation": "Res. 10137-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of lawsuit seeking to annul agrarian interdict proceeding over maritime-terrestrial zone plot", "title_es": "Inadmisibilidad de demanda para anular proceso interdictal agrario sobre terreno en zona marítimo-terrestre", "summary_en": "Monte Castillo S.A. sued for the absolute nullity of an interdict proceeding conducted by the Agrarian Court of Santa Cruz (file 14-000023-0391-AG), which had restored possession of a property in Playa Lagarto, Santa Cruz, to Ms. Enny Clarissa Castillo Cubillo. The plaintiff alleged the agrarian judge lacked subject-matter jurisdiction and that the Municipality of Santa Cruz—administrator of the maritime-terrestrial zone where the land sits—should have been joined as a party. The Administrative-Contentious Tribunal declared the lawsuit inadmissible, finding that the claims challenged purely jurisdictional acts—a judicial proceeding and judgment—which are not subject to administrative-contentious review under Article 120(1)(a) of the Administrative-Contentious Procedural Code. This jurisdiction only reviews acts, regulations, and omissions of the Public Administration, not judicial decisions. The defendant parties argued the land, being within the maritime-terrestrial zone and possibly mangrove and wetland areas, is inalienable and imprescriptible, but the Tribunal did not reach the merits due to the inadmissibility ruling.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1349512.json", "html_url": "/legal/doc/nexus-sen-1-0034-1349512", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1349512" }, { "id": "nexus-sen-1-0034-1349536", "citation": "Res. 10171-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "SETENA's archiving of environmental viability for mining project in Abangares confirmed by the Court", "title_es": "SETENA archivó viabilidad ambiental de proyecto minero en Abangares, confirmado por el Tribunal", "summary_en": "MCC MINING CO S.A. sought nullification of SETENA's decision archiving its environmental viability application for the 'Leona de Boston Underground Gold Mining' project, filed in 2003. The company alleged violation of the principles of legitimate expectations, non-retroactivity, and irrevocability of administrative acts, arguing the 2010 amendment to Article 8 of the Mining Code should not apply. The Administrative Appeals Tribunal dismissed all claims. It held that SETENA's 2005 resolution was merely procedural and did not grant any favorable rights or subjective rights. The company had not fulfilled all requirements for environmental viability before the legal change occurred. The amendment declared Abangares a mining reserve, restricting concessions to small-scale worker cooperatives—a status the corporation did not hold. The supervening legal prohibition rendered the environmental viability process impossible to continue, and the archiving was therefore lawful. The ruling emphasized the precedence of legality, precautionary principle, and pro natura over the company's expectations.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "27/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1349536.json", "html_url": "/legal/doc/nexus-sen-1-0034-1349536", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1349536" }, { "id": "nexus-sen-1-0034-1349576", "citation": "Res. 10221-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory Information Denied on Lands with Water Reserve Domain", "title_es": "Improcedencia de información posesoria sobre terrenos con reserva de dominio hídrico", "summary_en": "The Administrative Court partially granted the claim filed by the Costa Rican Water and Sewerage Institute (AyA) against Las Guiguisas, S.A., declaring that the property subject to possessory information proceedings (cadastral map A-259229-1995) is entirely affected by the reserve domain zone established in Article 31 of the Water Law, given its location in the upper basin of the Barranca River and its high environmental fragility. The court also found an overlap between said map and an AyA map (A-501573-1983), thereby affecting a public-domain property (the Barrantes spring protection area). Accepting the defendant’s acquiescence, the court ruled that such land cannot be titled to private parties. The Agrarian Court was to be notified of this ruling. No costs were imposed.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "29/10/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1349576.json", "html_url": "/legal/doc/nexus-sen-1-0034-1349576", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1349576" }, { "id": "nexus-sen-1-0034-1349691", "citation": "Res. 10379-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Extension of maritime terrestrial zone concession without ICT approval is ineffective", "title_es": "Prórroga de concesión en zona marítimo terrestre sin aprobación del ICT es ineficaz", "summary_en": "The Administrative Contentious Court declares inadmissible the lawsuit filed by Enfi de Tamarindo S.A. against the Municipality of Santa Cruz, the ICT, and the State. The company sought to give effect to a municipal agreement extending a concession, claiming violation of the principles of inviolability of its own acts and legitimate expectations. The Court holds that ICT approval is a requirement for the act's effectiveness and, since it was not obtained, the municipal agreement is ineffective and not subject to challenge under Article 141 of the General Public Administration Law. The plaintiff is ordered to pay costs only to the Municipality; ICT and State costs are exempted due to their involuntary inclusion.", "primary_topic_id": null, "topic_ids": [], "date": "04/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1349691.json", "html_url": "/legal/doc/nexus-sen-1-0034-1349691", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1349691" }, { "id": "nexus-sen-1-0034-1349775", "citation": "Res. 10505-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of interested third party in municipal construction permit appeal", "title_es": "Rechazo de tercero interesado en apelación municipal de permiso de construcción", "summary_en": "The Administrative Court denied José Rafael Fonseca Molina's request to be recognized as an interested third party in the appeal against the municipal denial of a construction permit. The appeal arose from the Municipality of Buenos Aires' rejection based on a pending judicial proceeding (docket 19-006246-1027-CA) between Fonseca and the State regarding the cancellation of a health operating permit. Fonseca argued that granting the construction permit would create an incompatibility between a gas station and a paint and solvent warehouse located less than 100 meters apart, posing a public health risk. The Court found that Fonseca lacks a legitimate interest or subjective right in the appeal proceedings, since the challenged act was issued by the municipal authority and not the Ministry of Health, and the judicial claim does not challenge any municipal action. It also held that the outcome of the appeal would not directly affect him, thus failing to meet the requirements of Article 15 of the Administrative Procedure Code for third-party intervention.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1349775.json", "html_url": "/legal/doc/nexus-sen-1-0034-1349775", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1349775" }, { "id": "nexus-sen-1-0034-1349780", "citation": "Res. 10510-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lawsuit for damages in Condominio Villa Leona denied", "title_es": "Demanda por daños en Condominio Villa Leona declarada sin lugar", "summary_en": "The Administrative Contentious Court dismissed the lawsuit filed by owners of subsidiary lots in Condominium Villa Leona, Phase II, in Garabito, who sought material and moral damages against the State (SETENA), the Municipality of Garabito, INVU, and the developer Soluciones Integrales en Seguridad SIS S.A. The plaintiffs argued that failures in oversight and municipal permitting, along with the developer's lack of disclosure about geological risks, caused the loss of their lots and homes following a rotational landslide triggered in October 2020. The Court held that the plaintiffs failed to discharge their procedural burden to specifically and individually prove the alleged material damages for each property, precluding any causation or liability analysis. Because the moral damages were logically dependent on the material damages, all claims were denied. The defense of lack of right raised by the State and the developer was upheld, and the same defense was declared ex officio for the Municipality and INVU. No costs were awarded, as the Court found the plaintiffs had sufficient grounds to litigate.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "environmental-law-7554" ], "date": "10/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1349780.json", "html_url": "/legal/doc/nexus-sen-1-0034-1349780", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1349780" }, { "id": "nexus-sen-1-0034-1349882", "citation": "Res. 10636-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Administrative Court declares main claims inadmissible but admits ASADAS' financial claim for aquifer contamination", "title_es": "Tribunal Contencioso declara inadmisibles pretensiones principales pero admite reclamo patrimonial de ASADAS por contaminación de acuíferos", "summary_en": "The Administrative Court ruled on a lawsuit filed by three rural water associations (ASADAS) from Río Cuarto against AyA, the State, and SFE. The plaintiffs alleged administrative omissions leading to agrochemical contamination of their aquifers, violation of participation and information rights, and sought compensation for material and moral damages. The Court upheld the plea of res judicata against the declaratory and injunction claims (first through fourth), finding that the Constitutional Court had already resolved those issues in judgment 2019-0695, which ordered a Unified Sanitation Plan. However, the Court found the financial compensation claim for material damages admissible, and ordered the damages assessment to continue in the enforcement phase.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "13/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1349882.json", "html_url": "/legal/doc/nexus-sen-1-0034-1349882", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1349882" }, { "id": "nexus-sen-1-0034-1350151", "citation": "Res. 03789-2025 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Salary differences for higher-rank duties require proven suitability", "title_es": "Diferencias salariales por funciones de puesto superior exigen idoneidad", "summary_en": "The Second Chamber reviews an ordinary labor proceeding where an employee of the Ministry of Environment and Energy (MINAE) claimed salary differences for having performed, since 2005, the duties of Head of the General Services Department—corresponding to a higher-rank position—despite being formally appointed to lower-level posts. The Chamber reaffirms that, under Article 192 of the Constitution, the recognition of salary differences for performing higher duties requires that the employee has carried out all functions of the superior position and meets the suitability requirements (academic degree, experience, professional licensing, etc.) established in the job classification manual. In this case, the plaintiff did not hold the required university degree and professional license until December 2011, and did not supervise professional staff until June 2014, when his situation fully matched the profile of the higher post. Consequently, the Chamber partially grants the plaintiff's appeal and orders payment of salary differences only for the period from June 27 to August 31, 2014, with adjustments and interest, denying the remaining claims. Costs are not awarded.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1350151.json", "html_url": "/legal/doc/nexus-sen-1-0034-1350151", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1350151" }, { "id": "nexus-sen-1-0034-1350625", "citation": "Res. 00492-2025 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Vessel forfeiture and civil liability for unlicensed illegal fishing — appeal partially granted", "title_es": "Comiso de embarcación y responsabilidad civil por pesca ilegal sin licencia — apelación parcialmente con lugar", "summary_en": "The Criminal Appeals Court of Guanacaste heard an appeal against a conviction for unlicensed fishing and illegal possession of aquatic fauna, which imposed a fine of eight base salaries (approx. $6,800 USD), vessel forfeiture, and joint civil liability. The defense argued improper police intervention, lack of reasoning, violation of defense rights, and disproportionate sentence. The court partially granted the appeal: it annulled the fine due to insufficient justification, the strict civil liability attributed to the vessel owner for lack of legal and evidentiary basis, and the forfeiture order for failing to rule out the third-party owner’s good faith. It upheld the criminal conviction and lawfulness of the boarding. A retrial was ordered on the annulled points. The decision emphasizes the need for reasoned sentencing, a causal link in civil liability from crime, and the protection of good-faith third parties in forfeiture proceedings.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "19/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1350625.json", "html_url": "/legal/doc/nexus-sen-1-0034-1350625", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1350625" }, { "id": "nexus-sen-1-0034-1350784", "citation": "Res. 01089-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction covers properties classified as mountain and forest", "title_es": "Competencia agraria incluye fincas con naturaleza de montaña y bosque", "summary_en": "The Agrarian Tribunal resolved a conflict of jurisdiction between civil and agrarian courts, arising from a lawsuit seeking nullity of property transfer deeds for two rural properties in Volcán de Buenos Aires, Puntarenas. The lower court had declined jurisdiction, reasoning that no agricultural activities were pleaded and the properties — mountainous and ‘forest, pasture, and broken terrain’ — fell under civil jurisdiction. The Tribunal reversed. It held that agrarian competence does not require the complaint to explicitly allege productive activities; it is sufficient that the properties, by their nature—including ‘mountain’ and ‘forest’—are inherently agrarian and environmental in character. Therefore, the case must remain in the specialized agrarian track. The file was ordered returned to the originating court for continuation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "19/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1350784.json", "html_url": "/legal/doc/nexus-sen-1-0034-1350784", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1350784" }, { "id": "nexus-sen-1-0034-1350785", "citation": "Res. 01090-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reversal of Tree-Felling Denial Based on Imminent Risk", "title_es": "Revocatoria de denegatoria de derribo de árboles por riesgo inminente", "summary_en": "The Agrarian Tribunal reviewed an appeal filed by an elderly woman against a Limón Agrarian Court ruling that denied authorization to fell four trees on a steep slope near her home. The petitioner argued that the trees posed an imminent threat to her life and dwelling. The lower court denied the request based on an apparent contradiction between a SINAC report — warning that felling without prior slope stabilization could accelerate a landslide — and a National Emergency Commission (CNE) report recommending cutting trunks to a height of no more than two meters. The Agrarian Tribunal reversed the decision and authorized controlled felling, holding that the two reports were complementary and that the CNE’s recommended measure was reasonable and proportionate to address the urgent risk without destabilizing the terrain. The court also ordered social welfare agencies to attend to the petitioner’s vulnerable situation.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "19/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1350785.json", "html_url": "/legal/doc/nexus-sen-1-0034-1350785", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1350785" }, { "id": "nexus-sen-1-0034-1350832", "citation": "Res. 01138-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Summary tree-felling claim dismissed for lack of imminent danger", "title_es": "Derribo improcedente por falta de peligro inminente", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José overturns the lower court ruling and dismisses the summary tree-felling claim concerning three trees on the defendant's property adjacent to the plaintiff's. The plaintiff complained that the tree crowns extended over her house, dropped leaves and branches, and stood less than a meter from the boundary. The tribunal holds that the claimant failed to prove the fundamental requirement for a summary felling action: imminent danger of collapse. The SINAC technical report showed no structural damage, nor any risk of falling. Nuisances from leaves, branches, or proximity to the property line do not constitute a real threat to human safety. The tribunal clarifies that neighbor disputes over branches or roots must be pursued through ordinary proceedings (Civil Code articles 403 and 404), not through the summary felling process, which is reserved solely for cases of imminent danger.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1350832.json", "html_url": "/legal/doc/nexus-sen-1-0034-1350832", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1350832" }, { "id": "nexus-sen-1-0034-1350834", "citation": "Res. 01140-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Atypical precautionary measure denied in agrarian co-ownership division proceeding", "title_es": "Improcedencia de medida cautelar atípica en proceso de división de copropiedad agraria", "summary_en": "The Agrarian Tribunal upheld the denial of an atypical precautionary measure sought by a co-owner in a proceeding for material division of farms. The plaintiff sought to prohibit changes in land use and stop activities causing environmental damage. The court found that the judicial inspection showed the farms had been used for agriculture and cattle ranching for years, with no abrupt change in use or environmental harm. Because this was the pre-existing situation before the lawsuit, there was no danger in delay to justify the measure. Objections regarding nullity due to a different judge conducting the inspection and deciding, and alleged contradictions in proven facts, were dismissed. A judge added a concurring note on the improper joinder of claims for division and claims related to co-ownership administration, as they are distinct in nature and require separate proceedings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1350834.json", "html_url": "/legal/doc/nexus-sen-1-0034-1350834", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1350834" }, { "id": "nexus-sen-1-0034-1350996", "citation": "Res. 00327-2025 Tribunal de Apelación Civil y Trabajo Cartago Sede Cartago Materia Laboral", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal confirms labor infractions at landfill against Municipality of Turrialba", "title_es": "Apelación confirma infracciones laborales en relleno sanitario contra Municipalidad de Turrialba", "summary_en": "The Civil and Labor Appeals Court of Cartago upholds the lower court ruling that found the Municipality of Turrialba liable for violations of labor and social security laws at its municipal landfill. A Ministry of Labor inspection uncovered failures to provide running potable water, adequate showers and washbasins, an incomplete first-aid kit, no no-smoking sign, and deficient communication radios. Unpaid overtime for workers was also established. The Municipality argued defective notification, claiming the prevention order was sent to unofficial emails and that the new administration was unaware. The Court rejects these arguments: notification was valid because it reached multiple institutional channels and the prior mayor secured an extension, proving knowledge. A change in administration does not extinguish state liability. Testimony from municipal employees was insufficient to rebut the inspection reports, which carry elevated evidentiary weight under Article 94 of the Organic Law of the Ministry of Labor. The Court emphasizes that denying workers piped potable water affronts human dignity and upholds the fine of six base salaries plus costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1350996.json", "html_url": "/legal/doc/nexus-sen-1-0034-1350996", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1350996" }, { "id": "nexus-sen-1-0034-1351053", "citation": "Res. 00452-2025 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction over interim measures during cassation — referral to trial court", "title_es": "Competencia sobre medidas cautelares en fase de casación — remisión al tribunal de primera instancia", "summary_en": "The Court of Appeals for Administrative and Tax Matters reviewed an application to expand interim measures filed by the plaintiff in an environmental lawsuit against the State and Los Manantiales del Pacífico NYS S.A., concerning a public watercourse concession on the Naranjo River. After the trial court issued a condemnatory judgment and cassation appeals were pending, the plaintiff sought immediate suspension of concession activities. The First Chamber forwarded the application to this Court, but the Court held it lacks jurisdiction to decide at first and sole instance, as its role is limited to hearing appeals from decisions by trial judges. The Court ordered the matter transferred to the Third Section of the Administrative and Tax Trial Court for processing and decision at first instance, thereby preserving the parties' right to a two-tier review.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1351053.json", "html_url": "/legal/doc/nexus-sen-1-0034-1351053", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1351053" }, { "id": "nexus-sen-1-0034-1351580", "citation": "Res. 00576-2025 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of environmental restitution for insufficient evidentiary reasoning", "title_es": "Anulación de restitución ambiental por falta de fundamentación probatoria", "summary_en": "The Criminal Appeals Tribunal of Cartago, by majority vote, annulled a lower court ruling that had ordered the restitution of a property to its original state for invasion of water body protection areas. The majority held that the trial court's reasoning was insufficient, as it failed to comprehensively analyze the evidence submitted by the interested third party (the property-owning company), including an environmental expert report that questioned the existence of damage and whether the water bodies were streams or drainage channels. The Chamber found that the judge merely dismissed the report as subjective without confronting it in detail with the prosecution's evidence, and failed to consider whether restitution could cause greater harm to the ecosystem after more than a decade since the original intervention. The case was remanded for new proceedings.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1351580.json", "html_url": "/legal/doc/nexus-sen-1-0034-1351580", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1351580" }, { "id": "nexus-sen-1-0034-1352862", "citation": "Res. 10797-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Mining Concession Extension Due to Previously Concessioned Area", "title_es": "Rechazo de ampliación de concesión minera por área previamente concesionada", "summary_en": "The Administrative Contentious Court denies the claim brought by F Mena P S.A. against the Directorate of Geology and Mines (MINAE) and La Murta S.A. The plaintiff, holder of a concession to extract materials from the Reventado riverbed (file No. 66-94), sought an extension over an area that the Administration determined was entirely (100 %) within the area concessioned to La Murta S.A. (file No. 1646) for quarrying and for riverbed cleaning and monitoring activities recognized in prior administrative acts. The court finds that, despite the poor cadastral delimitation of the co-defendant's riverbed area, valid administrative acts (1984 condition, 2010 renewal) conferred the right to exploit the riverbed, thus justifying the denial of the extension under Article 79(a) of the Mining Code. The arguments of nullity, violation of the first-in-time rule, and other alleged defects are all rejected. The claim is dismissed in its entirety and costs are awarded against the plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1352862.json", "html_url": "/legal/doc/nexus-sen-1-0034-1352862", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1352862" }, { "id": "nexus-sen-1-0034-1352956", "citation": "Res. 10918-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Impropriety of Extending Joint Liability for Environmental Damages in Administrative Litigation", "title_es": "Improcedencia de extender responsabilidad solidaria por daño ambiental en proceso contencioso", "summary_en": "The Administrative and Civil Treasury Court fully denies the claim of Empresa de Servicios Públicos de Heredia S.A., which sought to extend joint civil liability from final criminal judgments against a gas station to a group of companies, individuals, and a fiduciary bank. The plaintiff grounded its suit on an alleged joint liability for environmental damage under Article 101 of the Organic Environmental Law, asserting that the criminal awards constituted environmental damage. The court reviews the record and finds that none of the final monetary awards to the plaintiff corresponded to environmental damage reparation; they exclusively covered material damages and lost profits from the contamination of a water well, while environmental damage was recognized only to the State. Without an environmental-damage award, the legal basis for claiming environmental solidarity, including economic-group or third-party liability, is absent. It also denies the defendants' counterclaim for damages, because the type of moral damage was not specified, and seeking compensation for merely being named in a suit is unfounded. The plaintiff is ordered to pay costs solely regarding Banco Improsa.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "25/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1352956.json", "html_url": "/legal/doc/nexus-sen-1-0034-1352956", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1352956" }, { "id": "nexus-sen-1-0034-1352974", "citation": "Res. 10936-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mining concession extension and administrative inaction", "title_es": "Prorroga de concesion minera e inactividad administrativa", "summary_en": "The Contentious-Administrative Court dismissed a claim for damages against the State for delay in resolving an extension of a mining concession on a public riverbed. The plaintiff company argued that the Administration incurred in unlawful formal inaction by taking almost two years to approve the extension, causing operational losses and lost profits. The State responded that the delay was justified by the need to address multiple environmental and community complaints against the project, as well as technical deficiencies in the application. The Court held that there was no illegal or abnormal omission: the application was not complete until August 2013, the submitted topographic survey was inaccurate and had to be redone, and the Administration had a constitutional and legal duty to investigate the complaints before deciding. Moreover, it was proven that the plaintiff did not totally suspend its operations during the process. The defense of lack of right was upheld and costs were awarded against the plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1352974.json", "html_url": "/legal/doc/nexus-sen-1-0034-1352974", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1352974" }, { "id": "nexus-sen-1-0034-1352980", "citation": "Res. 10944-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reproduction of a final act on a public road in Liberia does not reopen statute of limitations", "title_es": "Reproducción de acto firme sobre camino público en Liberia no reabre plazos de caducidad", "summary_en": "The Contentious-Administrative Court declared inadmissible the claim filed by the Moya White plaintiffs against the Municipality of Liberia. The claim challenged a 2019-2021 act by the Municipal Road Unit that reaffirmed the existence of a public road on the plaintiffs' property and denied the installation of a gate, applying what had already been decided by the Municipal Council in 1989 and confirmed by the Superior Contentious-Administrative Court in 1990. The Court determined that the challenged act was a mere reproduction of those final 1989-1990 acts, and therefore the statute of limitations had expired, pursuant to Article 38 of the Contentious-Administrative Procedure Code. The plaintiffs were ordered to pay both procedural and personal costs. The claim included moral, material, and environmental damages, which were not decided on the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1352980.json", "html_url": "/legal/doc/nexus-sen-1-0034-1352980", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1352980" }, { "id": "nexus-sen-1-0034-1352986", "citation": "Res. 10950-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "ICE subject to municipal patent tax for telecom activities in Heredia", "title_es": "ICE sujeto al impuesto de patentes por telecomunicaciones en Heredia", "summary_en": "The Administrative Court dismisses ICE's lawsuit against the Municipality of Heredia, which required a business license and payment of the patent tax for Kölbi stores. ICE argued non-subjection because it must capitalize its surpluses, thus not a lucrative activity. The Court distinguishes non-subjection from exemption; ICE only pleaded non-subjection. It finds ICE's telecom activity lucrative under the new legal framework (Law 8660) that positions it as a market competitor. The taxable event is the exercise of a lucrative activity, not the generation of profits. Difficulties in separating accounting or identifying income by canton do not prevent the taxable event. The legal concession to operate does not exempt from municipal tax compliance. The defense of lack of right is upheld, and ICE is ordered to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/11/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1352986.json", "html_url": "/legal/doc/nexus-sen-1-0034-1352986", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1352986" }, { "id": "nexus-sen-1-0034-1356774", "citation": "Res. 01200-2025 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal against trial suspension due to new legal representative", "title_es": "Apelación contra suspensión de debate por nueva personería jurídica", "summary_en": "The Sentencing Appeals Court of San Ramón reviewed an appeal by the Attorney General's Office against the Trial Court of Quepos' decision to suspend the oral and public trial and send the case back for further investigation of a new legal representative of a company linked to the crime of usurpation of public domain property with environmental impact. The defense argued that the accused was no longer the owner of the adjacent shrimp farm and that the new company should be summoned. The trial court upheld the defective procedural action, admitted registry certifications, and ordered the investigation to be expanded. The Attorney General's Office challenged the decision, claiming incorrect use of evidence for better decision, biased assessment of evidence, and disruption of procedural order. The appellate court found the challenged decision appealable under a pro actione interpretation of Article 458 of the Criminal Procedure Code, linked to Article 41 of the Constitution, because it frustrated the right to swift justice. It deemed the nearly 10-year-old case's trial suspension unreasonable, annulled the decision, and ordered the trial to continue, without prejudice to separate investigations against other possible suspects.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "04/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1356774.json", "html_url": "/legal/doc/nexus-sen-1-0034-1356774", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1356774" }, { "id": "nexus-sen-1-0034-1356775", "citation": "Res. 01201-2025 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Criminal conciliation for repaired environmental damage", "title_es": "Conciliación penal por daño ambiental reparado", "summary_en": "The Court of Criminal Appeal of the Third Judicial Circuit of Alajuela (San Ramón) denies the appeal filed by the Office of the Attorney General against the definitive dismissal of charges against two defendants for the crime of invading a conservation area. The trial court approved a conciliation agreement between the defendants and the Attorney General's Office, conditioned on a SINAC expert report attesting to full remediation of the environmental harm. SINAC confirmed such remediation. The prosecutor appealed, arguing that its consent was only a basis for a future agreement and lacked the Attorney General's written authorization. The appellate chamber rejects the appeal as excessively formalistic: the prosecutor consented to the conciliation at the hearing, the expert report was carried out and confirmed the remediation, and the authorization required by Article 3(I) of the Attorney General's Organic Law may be delegated. Finding no substantial prejudice, it upholds the dismissal.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "04/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1356775.json", "html_url": "/legal/doc/nexus-sen-1-0034-1356775", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1356775" }, { "id": "nexus-sen-1-0034-1356854", "citation": "Res. 11059-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Disciplinary liability for land titling in a wildlife refuge", "title_es": "Responsabilidad disciplinaria por titulación en refugio de vida silvestre", "summary_en": "The Administrative Disputes Court dismisses all claims filed by Marco Antonio Zúñiga Montero against the Comptroller General, INDER, the State, and another official. The plaintiff, an Agrarian Technician of IDA, was dismissed without employer liability and barred from public office for four years, because in 2000 he recommended the titling of a plot located within the Gandoca Manzanillo National Wildlife Refuge, even though article 8 of Law 7599, which authorized such titling, had been declared unconstitutional in 1999. The Court holds that the sanction was lawful, finding gross negligence by the official for failing to verify the validity of the enabling legislation and thereby disposing of State Natural Heritage assets. Arguments of prescription, absence of damage to public property, and due process violations are rejected, confirming the validity of the challenged administrative acts and ordering the plaintiff to pay legal costs.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "property-and-titling" ], "date": "02/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1356854.json", "html_url": "/legal/doc/nexus-sen-1-0034-1356854", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1356854" }, { "id": "nexus-sen-1-0034-1356996", "citation": "Res. 11243-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Request for precautionary measure against decree on regionalized solid waste management", "title_es": "Solicitud de medida cautelar contra Decreto de gestión regionalizada de residuos sólidos", "summary_en": "The Municipality of Desamparados sought a precautionary measure to suspend the effects of Executive Decree 44974-S, \"Regulation for the Regionalized Management of Ordinary and Organic Solid Waste in Costa Rica,\" alleging threats to public health and environmental impact. The Administrative Contentious Tribunal denied the measure for failure to demonstrate danger in delay: the Municipality did not provide adequate evidence of serious and irreparable harm to warrant a precautionary suspension. While the claim had an appearance of good right, the lack of proof of imminent injury and the consequent inability to properly balance the competing interests led to the denial of the measure without special cost award.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1356996.json", "html_url": "/legal/doc/nexus-sen-1-0034-1356996", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1356996" }, { "id": "nexus-sen-1-0034-1357026", "citation": "Res. 11281-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Noncompliance with precautionary measure for removal of jaragua grass in Wildlife Refuge", "title_es": "Incumplimiento de medida cautelar sobre eliminación de pasto jaragua en Refugio de Vida Silvestre", "summary_en": "The ruling addresses a claim of noncompliance with a precautionary measure ordered by the Contentious-Administrative Appeals Court, requiring SINAC to remove jaragua grass from lots 4 and 5 in the Preciosa Platanares Mixed Wildlife Refuge. The plaintiff alleged total noncompliance, but the enforcement judge analyzed the evidence and found that SINAC acted in accordance with science and technique, recommending gradual management through shade and construction of firebreaks to avoid damaging biodiversity. Partial noncompliance was declared solely due to failure to submit the third quarterly report and the specific management plan. SINAC is ordered to submit these documents, while the request for immediate total removal and individualization of responsibilities is rejected as premature.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "wildlife-law-7317", "biodiversity-law-7788" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1357026.json", "html_url": "/legal/doc/nexus-sen-1-0034-1357026", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1357026" }, { "id": "nexus-sen-1-0034-1357037", "citation": "Res. 11295-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Suspension of administrative eviction in National Park due to cadastral uncertainty", "title_es": "Suspensión de desalojo administrativo en Parque Nacional por incertidumbre catastral", "summary_en": "The Administrative and Civil Treasury Tribunal grants a pre-action interim measure in favor of ELICAM DEL CERRO S.A., ELADIO ELIZONDO BLANCO, and CAFETERÍAS DEL CERRO S.A., ordering the immediate suspension of administrative eviction order SINAC-ACC-BTMM-PNTMM-60-2025 issued by SINAC. The plaintiffs claim that the order is based on an administrative act tainted with absolute nullity, as the cancellation of their concession and the eviction of a movable property (a cafeteria) might affect a property they privately own according to cadastral plan N° C-202296-1994, rather than a State-owned area (Natural Heritage of the State, plan N° C-205500-1994). The Tribunal finds a reasonable appearance of right (fumus boni iuris) given the alleged defects in the administrative procedure that led to the termination of the use permit. It also finds danger in delay (periculum in mora) because carrying out the eviction would cause serious economic harm to the plaintiffs and their employees, and would permanently end their commercial activity before the merits are resolved. In weighing the interests, the Tribunal considers there is no legal certainty about the exact location of the property to be evacuated, so the private interest prevails over the execution of an order based on uncertain cadastral situation, without this implying serious harm to the environmental public interest, since the measure is provisional and does not prejudge the merits. The plaintiffs are granted 15 days to file the main lawsuit, under penalty of automatic lifting of the measure.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "12/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1357037.json", "html_url": "/legal/doc/nexus-sen-1-0034-1357037", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1357037" }, { "id": "nexus-sen-1-0034-1357097", "citation": "Res. 11374-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary measure denied for failure to prove periculum in mora", "title_es": "Se rechaza medida cautelar por no acreditarse el peligro en la demora", "summary_en": "The Administrative Litigation Tribunal, acting as improper municipal hierarchical authority, rules on the precautionary measure requested by Fiduciaria Castro Garnier S.A. against the Municipality of Carrillo. The appellant sought to suspend the closure of a construction project authorized under permit P-062-2017, alleging violation of due process, economic harm, and lack of proportionality. The Court analyzes the requirements of fumus boni iuris, periculum in mora, and balancing of interests. It finds fumus boni iuris satisfied but determines that the appellant failed to provide any evidence of the serious, actual, or potential harm required to prove periculum in mora. The photographs and administrative documents submitted are insufficient to demonstrate the company's particular economic situation, making it impossible to infer the magnitude of the alleged harm. Since periculum in mora is not met, the balance of interests favors the public interest represented by the challenged administrative act. Consequently, the precautionary measure is denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1357097.json", "html_url": "/legal/doc/nexus-sen-1-0034-1357097", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1357097" }, { "id": "nexus-sen-1-0034-1357146", "citation": "Res. 11442-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Necessary passive joinder of a third party is improper when damages are claimed solely against the Municipality of Cartago", "title_es": "Improcedencia del litisconsorcio pasivo necesario contra tercero cuando las pretensiones indemnizatorias se dirigen exclusivamente contra la Municipalidad de Cartago", "summary_en": "The plaintiffs, Blasar Soluciones S.A. and Eliecer Marín Brenes, sued the Municipality of Cartago to comply with an order from the Environmental Administrative Tribunal (resolution 1077-13-TAA of October 23, 2023), restore the Caídas Creek bed, reopen a public road, and pay damages for material and moral harm. The municipality raised a preliminary objection of failure to join a necessary party, arguing that Mr. José Néstor Mata Solano, who allegedly diverted and piped the creek causing the claimed damages, should also have been sued. The Contentious-Administrative and Civil Treasury Tribunal denied the objection. It held that the claims are directed exclusively against the municipality for its failure to act on administrative complaints, and the causal link of the harm is tied to that omission, not to Mr. Mata Solano’s conduct. Any favorable judgment could not impose liability on him because no claim for damages was filed against him; doing so would render the judgment incongruent. Therefore, joinder was unnecessary, and the proceedings were ordered to continue.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "18/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1357146.json", "html_url": "/legal/doc/nexus-sen-1-0034-1357146", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1357146" }, { "id": "nexus-sen-1-0034-1357705", "citation": "Res. 01179-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Felling of mango trees posing risk to adjoining dwelling", "title_es": "Corta de árboles de mango que representan riesgo para vivienda colindante", "summary_en": "The Agrarian Tribunal resolves an appeal against a judgment ordering the felling of two mango trees in a summary proceeding for tree removal. The plaintiff sought removal due to the risk branches posed to her home. The first instance granted the claim, ordering felling within 15 working days and imposing costs on the defendant. On appeal, the defendant argued improper valuation of evidence, claiming periodic pruning eliminated the risk. After reviewing an expanded technical report from SINAC, the Tribunal determines that total felling is the appropriate remedy: the report states that severe pruning would unbalance the trees, increasing the risk of falling, and that technical pruning would require constant interventions without eliminating the imminent danger to people and structures. The felling order is upheld, but the cost award is reversed because both parties litigated under the Agrarian Public Defender's Office and in good faith; the case is resolved without special award of costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "09/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1357705.json", "html_url": "/legal/doc/nexus-sen-1-0034-1357705", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1357705" }, { "id": "nexus-sen-1-0034-1357711", "citation": "Res. 01185-2025 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of judgment for failing to address subsidiary claims in agrarian usucapion", "title_es": "Anulación de sentencia por omisión de pretensiones subsidiarias en usucapión agraria", "summary_en": "This ruling by the Agrarian Court annuls a summary judgment that declared the main claim of agrarian usucapion unfounded, but entirely failed to address the subsidiary claims (accession to buildings) and those included in the amended complaint against the National Bank of Costa Rica. The court finds that the trial judgment was incongruent and lacked proper reasoning, violating due process and Article 54 of the Agrarian Jurisdiction Law, as it did not resolve all disputed points. The plaintiff appealed, alleging violations of due process, right to defense, and access to justice, as well as errors in the evaluation of documentary evidence without conducting an oral hearing. The Court does not address the merits of the usucapion claim; instead, it reviews the procedures and, upon finding the defect of incongruity, declares the absolute nullity of the appealed decision and orders the continuation of the oral agrarian proceedings.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "11/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1357711.json", "html_url": "/legal/doc/nexus-sen-1-0034-1357711", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1357711" }, { "id": "nexus-sen-1-0034-1358981", "citation": "Res. 02075-2025 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of criminal conviction for lack of legal reasoning in environmental crimes", "title_es": "Nulidad de condena penal por falta de fundamentación en delitos ambientales", "summary_en": "The Criminal Sentencing Appeals Court of the Second Judicial Circuit of San José partially annuls a conviction issued in abbreviated proceedings for the crimes of invasion of a protected area, illegal waste disposal, and usurpation of public domain property. The Chamber finds that the trial judge failed to conduct a legal analysis of the objective and subjective elements of each offense, merely stating dogmatically that the evidence was overwhelming. This violates the constitutional duty to provide reasoned judgments, which applies even in abbreviated proceedings, as required by Article 142 of the Criminal Procedure Code and the case law of the Constitutional Chamber (ruling 2003-02130). The absence of reasoning prevents understanding why the proven facts fit the criminal statutes, rendering the decision void. The case is remanded for a new hearing with a different panel; the definitive dismissal for the non-appealed disobedience charges remains intact.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "10/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1358981.json", "html_url": "/legal/doc/nexus-sen-1-0034-1358981", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1358981" }, { "id": "nexus-sen-1-0034-1361223", "citation": "Res. 00010-2026 Tribunal de Apelación Civil y Trabajo Alajuela Sede Alajuela Materia Civil", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal in Possessory Information Does Not Include Road Setbacks for Omission", "title_es": "Apelación en información posesoria no incluye reservas viales por omisión", "summary_en": "The Civil and Labor Appeals Court of Alajuela declares the appeal filed by the Attorney General's Office inadmissible. The Office sought to add road setback reservations to a possessory information judgment. The appellate court found it lacked jurisdiction to clarify or amend first-instance rulings, and that the procedural path used (clarification and amendment with subsidiary appeal) was improper. It also held that there was no grievance against the decision, as an omission cannot be challenged via appeal. The appeal was therefore dismissed without reaching the merits.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "08/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1361223.json", "html_url": "/legal/doc/nexus-sen-1-0034-1361223", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1361223" }, { "id": "nexus-sen-1-0034-1362415", "citation": "Res. 00087-2026 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquittal for protected area invasion and denial of demolition due to lack of proven facts", "title_es": "Absolución por invasión a área de protección y rechazo de derribo por falta de acreditación de hechos", "summary_en": "The Criminal Sentencing Appeals Court of the Third Judicial Circuit of Alajuela, San Ramón, reviewed appeals against an acquittal for the crime of invading a conservation and protection area. Both the Public Prosecutor's Office and the Attorney General's Office appealed. The Attorney General's appeal was dismissed as untimely. The prosecutor's appeal alleged a contradiction in the judgment's reasoning regarding the denial of a demolition order for structures built within a river protection zone, as the trial court acquitted due to doubt about intent while acknowledging the constructions' existence. The Appeals Chamber upheld the ruling, finding that the trial court determined the charged facts were not proven, and that determination was not challenged on appeal. Therefore, the acquittal became final, and no remand could be ordered to address the demolition request. The prosecutor's appeal was dismissed.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "26/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1362415.json", "html_url": "/legal/doc/nexus-sen-1-0034-1362415", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1362415" }, { "id": "nexus-sen-1-0034-1362562", "citation": "Res. 00005-2026 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Civil damages claim cannot be dismissed due to penal conciliation without Attorney General's approval", "title_es": "Acción civil resarcitoria no puede archivarse por conciliación penal sin aval del Procurador General", "summary_en": "The Criminal Sentencing Appeals Court partially overturned a lower court ruling that had dismissed the State's civil damages claim in a negligent injury case. While the penal conciliation between defendant and victim was valid and led to a dismissal of charges, the trial court erroneously extended that agreement to the civil claim without the express written authorization of the Attorney General, as required by Article 20 of its Organic Law. The Attorney General's Office, acting as civil party, needed hierarchical approval to settle civil aspects, and also required input from the National Insurance Institute (INS) regarding the damaged state vehicle's policy. By ignoring these prerequisites, the judgment is partially void, and the case is remanded for proper resolution of the civil action.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1362562.json", "html_url": "/legal/doc/nexus-sen-1-0034-1362562", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1362562" }, { "id": "nexus-sen-1-0034-1362599", "citation": "Res. 00061-2026 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial annulment for lack of reasoning in quantifying environmental damage from trafficking of leatherback turtle eggs", "title_es": "Anulación parcial por falta de fundamentación en cuantificación del daño ambiental por trasiego de huevos de tortuga baula", "summary_en": "The Criminal Appeals Court of the Second Judicial Circuit of San José reviewed an appeal against a conviction by the Flagrancy Court of Limón. The defendant was convicted of violating the Wildlife Conservation Law, sentenced to one year in prison, and ordered to pay three thousand dollars in environmental damages. The defense appealed, claiming the civil damages award lacked reasoning and was disproportionate to the defendant's financial situation. The Appeals Court found that while the trial judge established the elements of environmental civil liability—harmful act, causation, and damage—no justification was provided for quantifying the damage at three thousand dollars. This omission breaches the duty to state reasons for judicial decisions. Accordingly, the appeal was granted, and the case was remanded for a new hearing solely to determine the compensation amount with proper reasoning, with the rest of the ruling untouched. Judge Montero Mena submitted a separate note on the preference for using colones as legal tender.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "wildlife-law-7317", "criminal-environmental" ], "date": "14/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1362599.json", "html_url": "/legal/doc/nexus-sen-1-0034-1362599", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1362599" }, { "id": "nexus-sen-1-0034-1362608", "citation": "Res. 00080-2026 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Water Usurpation Crime: Elements and Determination of Economic Damage", "title_es": "Delito de usurpación de aguas: elementos típicos y determinación del daño económico", "summary_en": "The Criminal Sentencing Appeals Tribunal of the Second Judicial Circuit of San José partially upheld a conviction for water usurpation against an individual who diverted a public-domain stream to benefit an oil palm plantation, causing environmental damage. The defense argued contradictions in the evidence assessment and the absence of the profit element required by the criminal statute. The court rejected these claims, finding the evidence sufficient and coherent, and that the profit element was satisfied because the plantation owners benefited, and the defendant received compensation for his collaboration. However, the court partially granted the second appeal ground, annulling the civil damages award for the economic value of the harm and associated costs due to insufficient reasoning on the exact extent of the damaged area. The case was remanded for recalculation of those items, while the rest of the judgment remained intact.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "16/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1362608.json", "html_url": "/legal/doc/nexus-sen-1-0034-1362608", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1362608" }, { "id": "nexus-sen-1-0034-1362782", "citation": "Res. 11485-2025 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of registered property in mangrove and maritime-terrestrial zone due to public domain status", "title_es": "Nulidad de finca inscrita en manglar y zona marítimo terrestre por demanialidad", "summary_en": "The Administrative Litigation Court upholds the State's claim against Grupo Eminova del Pacífico S.A., declaring the nullity of the registration of property [Valor 002], plan [Valor 003], because it includes mangrove and maritime-terrestrial zone lands, which are inalienable and imprescriptible public domain assets. The court rejects the defendant's counterclaim that sought recognition of ownership and expropriation with compensation, holding that the property could never be private due to its public domain nature. Technical reports from SINAC and INTA show that 39% of the land is mangrove (wetland) and the rest is within the restricted zone of the Maritime-Terrestrial Zone, a status that is not lost by artificial fill or registration. The court reiterates that inalienability and imprescriptibility prevent adverse possession and any private property rights, and the State's vindicatory action does not prescribe. Costs are imposed on the defendant.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "19/12/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-0034-1362782.json", "html_url": "/legal/doc/nexus-sen-1-0034-1362782", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1362782" }, { "id": "nexus-sen-1-0034-1363080", "citation": "Res. 00242-2026 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Voluntary dismissal in environmental process challenging SETENA permit", "title_es": "Desistimiento en proceso ambiental anula viabilidad de SETENA", "summary_en": "Ruling No. 00242-2026 of the Administrative Appeals Court (January 13, 2026) grants the plaintiff's voluntary dismissal of his lawsuit, which had sought nullification of a SETENA environmental viability permit (Res. 1739-2017-SETENA), annulment of related SINAC acts, and restoration of forest on a property in Quepos. The plaintiff asserted a supervening loss of interest based on a SINAC technical report and MINAE determinations. The co-defendant accepted the dismissal. The court terminated the proceedings, lifted precautionary measures, and ordered archival without costs, per Article 113 of the Administrative Procedure Code, emphasizing the plaintiff's discretionary right to discontinue the action.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575", "environmental-law-7554" ], "date": "13/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1363080.json", "html_url": "/legal/doc/nexus-sen-1-0034-1363080", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1363080" }, { "id": "nexus-sen-1-0034-1363140", "citation": "Res. 00283-2026 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Joinder of EBI in appeal against construction permit", "title_es": "Integración de litis a EBI en apelación contra permiso de construcción", "summary_en": "The Contentious-Administrative and Civil Treasury Tribunal addressed a joinder request in a municipal improper hierarchy proceeding brought by María Gabriela Sagot Amador against the Municipality of Montes de Oro. The plaintiff had appealed a municipal resolution confirming a construction permit granted to EMPRESAS BERTHIER EBI DE COSTA RICA, S.A. for the \"Galagarza Environmental Technology Park\" project. EBI sought to be joined as a defendant, arguing that the final decision could affect its rights. After hearing the parties (municipal consent, plaintiff’s silence), the Tribunal ordered EBI’s joinder as a defendant, based on Article 12.3 of the Contentious-Administrative Procedural Code and case law on litisconsortium, which ensures the participation and defense of all those whose legal sphere may be affected by the substantive decision. The resolution does not analyze the environmental merits of the project or the validity of the construction permit, being strictly a procedural ruling on the composition of the parties in the litigation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1363140.json", "html_url": "/legal/doc/nexus-sen-1-0034-1363140", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1363140" }, { "id": "nexus-sen-1-0034-1363313", "citation": "Res. 00419-2026 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal inadmissibility against preparatory act in zoning plan reform", "title_es": "Inadmisibilidad de apelación contra acto preparatorio en reforma de plan regulador", "summary_en": "The Administrative and Civil Hacienda Court confirms the inadmissibility of the appeal against inadmissibility filed by 3-101-648120 S.A. against Agreement 11 of ordinary session 132 of the Municipal Council of Santa Ana. The appellant challenged the Council's decision that had declared inadmissible a motion for reconsideration with subsidiary appeal against Agreement 03 of session 129-2022, which had rejected its request to extend to the entire property a more development-favorable zoning in the context of the Regulatory Plan reform. The Court holds that the challenged act is a mere procedural or preparatory act within the plan modification procedure, and therefore cannot be independently challenged under Article 163(b) of the Municipal Code. Any challenge must be directed at the final act once the plan is approved and published. It also notes that acts of a regulatory nature, such as a plan modification, cannot be contested via improper hierarchical appeals, but must be challenged before the ordinary contentious-administrative jurisdiction.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1363313.json", "html_url": "/legal/doc/nexus-sen-1-0034-1363313", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1363313" }, { "id": "nexus-sen-1-0034-1363370", "citation": "Res. 00545-2026 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of State intervention and lack of standing regarding Tivives Protective Zone regulatory plan", "title_es": "Inadmisibilidad de tercería estatal y falta de legitimación en plan regulador de Zona Protectora Tivives", "summary_en": "The Sixth Section of the Contentious Administrative Court decided two accumulated actions. Regarding the State's third-party intervention, which sought to exclude municipal planning from the Tivives Protective Zone, the Court on its own motion found res judicata based on a prior final judgment (N° 2024000606) that had already granted that claim, thus declaring the intervention inadmissible. Regarding the lawsuit by ICO Noventa y Uno S.A. and ICO de Esparza Noventa y Siete S.A., claiming formal inactivity of the Municipality of Esparza for failing to issue the urban regulatory plan mandated by Law 7915 for areas released from the reserved port zone, the Court found lack of both active and passive standing. It held that the plaintiffs' property lies entirely within the Tivives Protective Zone, which, by law and the prior final judgment, is excluded from municipal planning. Therefore, the plaintiffs lack a legitimate interest and the Municipality has no jurisdiction to plan there. The claim was dismissed in its entirety, but both parties were exempted from costs due to sufficient reason to litigate.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "26/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1363370.json", "html_url": "/legal/doc/nexus-sen-1-0034-1363370", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1363370" }, { "id": "nexus-sen-1-0034-1363411", "citation": "Res. 00621-2026 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mere verification of property location within a national park is not appealable", "title_es": "Acta de mera constatación de ubicación de inmueble dentro de parque nacional no es impugnable", "summary_en": "The Administrative Appeals Tribunal dismissed the lawsuit filed by Summer Sunshine Ltd., the owner of a property within the boundaries of Las Baulas Marine National Park. The company sought to nullify several SINAC communications stating that its property was located inside the protected area, arguing that this restricted its property rights. The Tribunal held that the challenged acts were mere procedural steps with no independent legal effects, as they merely responded to inquiries and confirmed facts without deciding, modifying, or extinguishing any rights. It emphasized that any limitations on ownership stemmed not from these communications but from the park's creation regulations and constitutional case law, which were in force before the property was acquired. The plaintiff failed to substantiate the alleged nullity or challenge the substantive rules establishing the park. The defense of lack of right was upheld, and costs were imposed on the losing party.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "29/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1363411.json", "html_url": "/legal/doc/nexus-sen-1-0034-1363411", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1363411" }, { "id": "nexus-sen-1-0034-1363449", "citation": "Res. 00668-2026 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of land-use certificates incompatible with the zoning plan", "title_es": "Anulación de certificados de uso de suelo incompatibles con el plan regulador", "summary_en": "The Administrative Court granted a lesividad claim brought by the Municipality of Belén against Watch Tower Bible and Tract Society of Pennsylvania. The claim challenged three land-use certificates issued in 2019 for two properties in a Low-Density Residential Zone, authorizing uses as 'office building' and 'educational center', which were incompatible with the permitted uses under the municipal Zoning Plan (residential, hotels, and recreational areas). The Court verified compliance with lesividad prerequisites: standing of the issuing administration, express declaration by the Municipal Council, absolute nullity defects due to violation of the urban planning legality principle, and no lapse since the acts were still effective. The defendant acquiesced and no costs were awarded. The judgment annulled the certificates with retroactive effect.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "procedural-environmental", "subdivision-fraccionamiento" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1363449.json", "html_url": "/legal/doc/nexus-sen-1-0034-1363449", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1363449" }, { "id": "nexus-sen-1-0034-1363458", "citation": "Res. 00677-2026 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of challenge to expired wildlife management permits", "title_es": "Improcedencia de anular permisos de manejo de fauna silvestre ya vencidos", "summary_en": "The Administrative Court dismisses the lawsuit filed by biologist Rodolfo Vargas Leitón, owner of the Herpetological Refuge of Costa Rica, who sought to annul two SINAC resolutions (ACC-OSJ-VS-013-R-ZOO-19 and ACC-OSJ-VS-004-R-ZOO-2020) that modified his commercial zoo operating permit and ordered him to cease wildlife rescue and reproduction activities, and to restore the original 2016 permit. The Court upholds the State's defense of lack of current interest, noting that all permits in question expired on November 12, 2021, before the judgment date. It reasons that there is no legal utility in reviewing an administrative act whose effects have already ended, especially absent a linked claim for damages. The lawsuit is dismissed without special condemnation in costs, as both sides had reasonable grounds to litigate.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "30/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1363458.json", "html_url": "/legal/doc/nexus-sen-1-0034-1363458", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1363458" }, { "id": "nexus-sen-1-0034-1363795", "citation": "Res. 00093-2026 Tribunal de Apelación Civil y Trabajo Zona Sur Sede Pérez Zeledón Materia Civil", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "State Opposition Alone Does Not Suffice Without Proper Reasoning in Possessory Proceedings", "title_es": "Oposición estatal no basta sin debida fundamentación en información posesoria", "summary_en": "The Civil and Labor Appeals Court of the Southern Zone, in ruling 2026000093, heard the appeal filed by the applicants against the decision of the Civil and Labor Court of Golfito that upheld the State's opposition and ordered the closure of the possessory information proceedings. The lower court considered that the land lacked forest cover and had inconsistencies in the chain of title, thus referring the promoters to the contentious-administrative jurisdiction. The appeals court annulled that decision, finding a lack of reasoning, as the lower court merely accepted the State's opposition verbatim without a comprehensive assessment of the evidence, particularly the certification from the Osa Conservation Area stating the property is outside protected areas. It emphasized that the State's mere opposition is not binding and must be weighed together with other evidence, in compliance with the duty to provide reasoned judicial decisions.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "28/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1363795.json", "html_url": "/legal/doc/nexus-sen-1-0034-1363795", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1363795" }, { "id": "nexus-sen-1-0034-1364169", "citation": "Res. 00169-2026 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Treatment plant technician fails to prove higher biological risk for hazard pay increase", "title_es": "Técnico de planta de tratamiento no acredita mayor riesgo biológico para aumento de peligrosidad", "summary_en": "The Second Chamber of the Supreme Court of Justice reviews a cassation appeal filed by an electromechanical technician of the Costa Rican Institute of Aqueducts and Sewers (AyA), who sued for recognition of a 5% hazard pay —instead of the 3% he was receiving— alleging exposure to serious biological risk at the Los Tajos Wastewater Treatment Plant. The court upholds the trial court ruling that dismissed the claim. The Chamber holds that the lower court's decision is properly reasoned and that the evidence was correctly assessed: the technical studies submitted (particularly the Hazard Risk Compensation Application Matrix and Risk Study SO-IT-2024-00015) classify the plaintiff's biological risk as low (grade 60), not as extreme or unbearable, which is the threshold required for the 5% under the institutional Hazard Pay Regulation and the collective bargaining agreement. The argument that the collective agreement automatically grants 5% to every plant worker is rejected, as the instrument refers to the regulation and technical studies for the percentage assignment. The Chamber finds no error in the lower court's decision and dismisses the appeal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1364169.json", "html_url": "/legal/doc/nexus-sen-1-0034-1364169", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1364169" }, { "id": "nexus-sen-1-0034-1366345", "citation": "Res. 00341-2026 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction in probate proceedings over small non-agricultural properties", "title_es": "Competencia en proceso sucesorio con inmuebles de pequeña extensión sin vocación agraria", "summary_en": "The Second Chamber of the Supreme Court resolves a jurisdictional conflict between a civil court and an agrarian court in Limón in a probate proceeding. The civil court had declined jurisdiction based on the registered nature of the properties as pasture and green area. The agrarian court, upon receiving the case, raised the conflict because the applicant argued that the properties, measuring 326 m² and 363 m² and located in downtown Guápiles, lack real agricultural aptitude and that a vehicle was included in the inventory. The Chamber determines that, despite the registry entries, the small size of the lots – well below the 5,000 m² minimum established in the Subdivision and Urbanization Regulation – their urban location, the decedent's profession as a cabinetmaker, and the presence of a private vehicle in the estate, lead to the conclusion that the properties are not destined for nor suitable for agricultural activities. Therefore, the civil court is declared competent.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "04/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1366345.json", "html_url": "/legal/doc/nexus-sen-1-0034-1366345", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1366345" }, { "id": "nexus-sen-1-0034-1366502", "citation": "Res. 00045-2026 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquittal for invasion of protected area and partial annulment of civil action", "title_es": "Absolución por invasión en área protegida y anulación parcial de acción civil", "summary_en": "The Criminal Appeals Court of the Second Judicial Circuit of San José, in resolution 00045-2026, hears the appeal filed by the Attorney General's Office against the acquittal issued by the Limón Criminal Court in favor of the defendant for the crime of invasion of a conservation area, harming natural resources, specifically within Tortuguero National Park. The trial court acquitted the defendant applying the in dubio pro reo principle, finding it was not proven that the occupied land was part of the national park, and dismissed the civil compensatory action. On appeal, the Court declares the appeal partially inadmissible regarding the criminal aspect, due to the double conformity principle, as this was a second consecutive acquittal. However, it upholds the grounds concerning the civil compensatory action and the restoration of things to their prior state, partially annulling the judgment. It finds the trial court erred by assuming that the criminal acquittal automatically required dismissal of the civil action, and failed to assess relevant evidence placing the property within the park and the environmental damage caused. The case is remanded for a new hearing solely on the civil aspect.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "13/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1366502.json", "html_url": "/legal/doc/nexus-sen-1-0034-1366502", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1366502" }, { "id": "nexus-sen-1-0034-1367189", "citation": "Res. 00232-2026 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of Dismissal for Violation of the Fisheries Law", "title_es": "Anulación de sobreseimiento por infracción a la Ley de Pesca", "summary_en": "The San Ramón Sentencing Appeals Court overturned a definitive dismissal in favor of a defendant accused of illegal fishing during a closed season in the Gulf of Nicoya. The lower court had dismissed the case as atypical, reasoning that the small catch and gear indicated subsistence rather than commercial fishing. The appeals court annulled this decision, finding that the judge exceeded his authority during the initial hearing by weighing evidence without a trial, thereby violating due process. It also noted that INCOPESCA, which had joined as an injured party, was denied participation. The case was remanded to the Flagrancy Court for a new proceeding under expedited rules, without ruling on the substantive claim of atypicality.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "wildlife-law-7317", "criminal-environmental" ], "date": "25/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1367189.json", "html_url": "/legal/doc/nexus-sen-1-0034-1367189", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1367189" }, { "id": "nexus-sen-1-0034-1367285", "citation": "Res. 00024-2026 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reversal of denial of joinder in environmental suit against municipality", "title_es": "Revocatoria de inadmisión de coadyuvancia en proceso ambiental contra municipalidad", "summary_en": "The Contentious-Administrative Appeals Court reverses a lower ruling that had excluded several coadjuvant parties from a proceeding brought by the Asociación de Protección Ambiental Valle Verde against the Municipality of Goicoechea. The appealed decision, issued by the Fifth Section of the Contentious-Administrative Court, had denied the joinder of the coadjuvants. The appeals court grants the plaintiff's appeal and orders the continuation of the proceedings with all current parties, including the coadjuvants. Although the vote does not detail the substantive grounds for reversal, the decision reaffirms the right of interested third parties to participate in environmental contentious-administrative proceedings, ensuring access to justice and effective judicial protection in defense of the environment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1367285.json", "html_url": "/legal/doc/nexus-sen-1-0034-1367285", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1367285" }, { "id": "nexus-sen-1-0034-1367660", "citation": "Res. 00111-2026 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Overturning of acquittal for logging in a protection zone due to flawed evidentiary assessment", "title_es": "Anulación de absolución por tala en zona de protección por defectuosa valoración de prueba", "summary_en": "The Court of Appeals for Criminal Sentences of the Second Judicial Circuit of San José overturns the acquittal issued by the Criminal Court of the Atlantic Zone in favor of a defendant charged with logging in a protection zone. The prosecution's appeal is upheld because the trial court's judgment lacked intellectual reasoning, misvalued evidence, and deviated from the rules of sound criticism. The trial court acquitted the accused based on an unreasonable doubt regarding identification, built on speculation and fragmented evidence, ignoring documentary and testimonial evidence linking him to the events of March 4, 2019, in a wetland in Colorado, where he was caught logging without a permit using a chainsaw confiscated by SINAC. The Court determines that reasonable doubt cannot be based on unproven hypotheses, such as identity theft, and orders a remand for a new trial with a different panel, emphasizing the need for a comprehensive and logical evaluation of all evidence, including official reports and matching signatures.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "23/01/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1367660.json", "html_url": "/legal/doc/nexus-sen-1-0034-1367660", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1367660" }, { "id": "nexus-sen-1-0034-1368711", "citation": "Res. 00581-2026 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Abusive ius variandi due to change in corporate control", "title_es": "Ius variandi abusivo por cambio de control accionario", "summary_en": "The Second Chamber of the Supreme Court of Justice reviews the appeal of a former Operations Director against a lower court ruling that dismissed his constructive dismissal claim. The plaintiff alleged abusive ius variandi after Total Petróleo was acquired by PetroDelta, arguing that the new management stripped him of managerial functions—lubricants oversight, budgetary autonomy, board membership—, imposed subordinate-level operational tasks, and introduced rigid time controls, thereby demoting him. The Chamber upholds the dismissal because the changes were neither arbitrary nor degrading: selling the lubricants division justified removing those duties; the company retained minimal supervisory responsibilities, and tighter time controls do not constitute an abuse. The ruling only reverses the award of costs against the plaintiff, finding he litigated in good faith under a reasonable belief of unlawful treatment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1368711.json", "html_url": "/legal/doc/nexus-sen-1-0034-1368711", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1368711" }, { "id": "nexus-sen-1-0034-1368778", "citation": "Res. 00668-2026 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "High-Risk Operations Incentive for Border Agents", "title_es": "Incentivo de Operaciones de Alto Riesgo para agentes de fronteras", "summary_en": "The Second Chamber of the Supreme Court of Justice reviews a case in which a Border Police officer sues the State seeking retroactive recognition of the High-Risk Operations salary supplement. The State opposes, arguing that the officer’s budget code is not authorized for the incentive and that his duties do not involve the contemplated risk level. The Chamber dismisses the State’s appeal and upholds the lower court’s ruling, holding that the incentive was created for all police officers whose duties fall under Articles 21 and 22 of the General Police Law, without being limited to specific budget codes. It finds that the border agent’s duties—such as surveillance, combating transnational crime, environmental protection, and crime control in border zones—are comparable to those of the Civil Guard and Rural Assistance Guard, thus entitling him to the payment. It further rules that the police-risk supplement does not preclude the high-risk incentive, as they compensate for different factors.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1368778.json", "html_url": "/legal/doc/nexus-sen-1-0034-1368778", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1368778" }, { "id": "nexus-sen-1-0034-1374450", "citation": "Res. 01006-2026 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental internal regency and 25% surcharge under Law 8412", "title_es": "Regencia interna ambiental y cobro del 25% adicional según Ley 8412", "summary_en": "The Second Chamber of the Supreme Court of Justice reverses a labor judgment that had denied an ICE chemical engineer the 25% additional payment for serving as internal environmental regent for several power generation projects. The court interprets Article 126 of the Regulation to Law 8412 (College of Chemical Engineers) and holds that the internal regent hypothesis in subsection 1 applies to staff professionals who take on regency duties beyond their original contract, without the salaried nature of the relationship barring the recognition. The Chamber finds that the absence of an express provision in ICE’s internal rules is no ground to deny the right, since the worker demonstrably expanded his responsibilities from 2012 when he was appointed environmental manager for the Garabito Production Center, Orotina Thermal Plant, Pirrís Hydroelectric Plant and Peñas Blancas Hydroelectric Plant projects. ICE is ordered to pay retroactively the 25% surcharge, plus interest, adjustments to bonuses, social charges, school salary, guarantee fund and costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "17/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1374450.json", "html_url": "/legal/doc/nexus-sen-1-0034-1374450", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1374450" }, { "id": "nexus-sen-1-0034-1380179", "citation": "Res. 01050-2026 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Employment relationship between geologist and mining company — Geological regency and administrative functions", "title_es": "Existencia de relación laboral entre geólogo y mina — Regencia geológica y funciones administrativas", "summary_en": "The Second Chamber of the Supreme Court examines whether the relationship between a geologist and Mina Orotex S.A. was an employment relationship or a professional services contract. The lower court had dismissed the claim, considering the plaintiff a liberal professional providing consultancy. The Second Chamber partially reverses and declares the existence of an employment relationship from June 16, 2014, to December 31, 2016. Applying the presumption of Article 18 of the Labor Code and the principle of the primacy of reality, it finds that the plaintiff performed functions beyond mere geological regency — including project coordination, hiring, administrative management, and employer representation — under the instructions of the general manager. It recognizes in-kind salary for the discretionary use of a vehicle (10% of salary) and orders payment of notice, severance pay, vacation, year-end bonus, interests, and costs. Claims for availability and back wages are rejected for lack of legal basis.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1380179.json", "html_url": "/legal/doc/nexus-sen-1-0034-1380179", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1380179" }, { "id": "nexus-sen-1-0034-1380280", "citation": "Res. 01156-2026 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "High-Risk Operations Bonus for Border Police Agent", "title_es": "Sobresueldo por Operaciones de Alto Riesgo para Agente de Fronteras", "summary_en": "The Second Chamber of the Supreme Court resolves a cassation appeal filed by the State against a judgment that ordered the Ministry of Public Security to pay the 'High-Risk Operations' salary incentive to a Border Police Agent II. The State alleged violation of the principles of legality and budgetary legality, arguing that the incentive is only for Civil Guard and Rural Assistance officers under Articles 21 and 22 of the General Police Law, and that the plaintiff did not prove he performed high-risk duties. The Chamber dismisses the appeal. It holds that the trial judge correctly assessed the job functions described in the Police Position Manual, which entail a risk higher than ordinary police risk and are comparable to those in the cited articles. The Chamber reiterates that although the former Civil Guard and Rural Assistance units no longer exist, their functions remain, and entitlement to the bonus is determined by the nature of the duties performed, not by the budget code. The State failed to disprove that the plaintiff's duties correspond to high-risk operations, so the ruling ordering retroactive and future payment of the benefit is upheld.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/03/2026", "year": "2026", "json_url": "/data/legal/docs/nexus-sen-1-0034-1380280.json", "html_url": "/legal/doc/nexus-sen-1-0034-1380280", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-1380280" }, { "id": "nexus-sen-1-0034-140177", "citation": "Res. 00254-2000 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Positive silence inapplicable to tree felling permits", "title_es": "Inaplicabilidad del silencio positivo en tala de árboles", "summary_en": "The Administrative Litigation Court, Section II, upheld the lower court's dismissal of a lawsuit brought by a businessman seeking to annul the denial of his tree felling permit and seeking compensation from the State for confiscated timber. The plaintiff argued that positive silence had operated regarding his renewal application to fell trees on private land. Citing binding Constitutional Chamber precedent, the court rejected this argument and held that positive silence does not apply to the exploitation of natural resources, particularly forest wealth, as it would enable irrational exploitation. The ruling stresses that express permission or renewal is required before any felling, and the absence of an administrative response does not constitute tacit authorization. The decision upholds the principle of environmental protection over private interests, applying the constitutional mandate to safeguard forest resources.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "30/08/2000", "year": "2000", "json_url": "/data/legal/docs/nexus-sen-1-0034-140177.json", "html_url": "/legal/doc/nexus-sen-1-0034-140177", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-140177" }, { "id": "nexus-sen-1-0034-141123", "citation": "Res. 00413-1999 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "National park invasion and aggravated resistance upheld on appeal", "title_es": "Invasión de parque nacional y resistencia agravada confirmadas en casación", "summary_en": "The Criminal Appeals Court of San José rejects the appeal filed by the defense of several defendants convicted of invading Guanacaste National Park (violation of the Forestry Law) and aggravated resistance against park rangers. The defendants were conducting agricultural activities inside the protected area with intent to appropriate land, even though the zone was demarcated, marked with boundary posts, and patrolled. The lower court acquitted other co-defendants due to insufficient evidence but convicted two for the forestry offense and one for aggravated resistance, imposing prison sentences with conditional execution. The defense argued that the reasoning was contradictory regarding land ownership and that self-defense was improperly rejected; the appeals court dismisses these claims. It upholds that the national park status was duly proven and that the rangers acted in legitimate performance of duty, without abuse of authority, while the defendants attacked them with a machete. The ruling fully confirms the convictions.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "06/10/1999", "year": "1999", "json_url": "/data/legal/docs/nexus-sen-1-0034-141123.json", "html_url": "/legal/doc/nexus-sen-1-0034-141123", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-141123" }, { "id": "nexus-sen-1-0034-147240", "citation": "Res. 00145-1998 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment for lack of reasoning in defendant's statement", "title_es": "Anulación por falta de fundamentación en declaración del imputado", "summary_en": "The Criminal Cassation Court of San José annuls a conviction for violation of the Forestry Law, after verifying that the trial judge erroneously stated that the defendant confessed. Upon reviewing the hearing recording, the court finds that the accused denied cutting trees and only admitted moving trunks damaged by Hurricane César to protect his pre-existing coffee plantation. The judgment is found to have omitted substantial details of the statement, constituting a fundamental reasoning defect that affects the right to defense. The case is remanded for a new trial, without ruling on the other ground of appeal.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "31/03/1998", "year": "1998", "json_url": "/data/legal/docs/nexus-sen-1-0034-147240.json", "html_url": "/legal/doc/nexus-sen-1-0034-147240", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-147240" }, { "id": "nexus-sen-1-0034-147335", "citation": "Res. 00178-1998 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Protected zone must be delimited under the law in force at the time of the act", "title_es": "Zona protectora debe ser delimitada conforme a la ley vigente al momento del hecho", "summary_en": "The Criminal Cassation Court of San José reviewed an appeal against a conviction for violating the Forestry Law. The defendant had been found guilty of cutting trees in an alleged aquifer protection zone (Pococí-Guácimo) under Executive Decree 17390-MAG-S of 1986. The cassation court found that this decree was a regulation of Forestry Law 7032, which had been declared unconstitutional. As the act occurred in 1997, the applicable law was Forestry Law 7575, which requires protection areas to be delimited by competent bodies under its own regulation — a step that had not been completed. Additionally, the defendant acted with authorization from a forestry regent, constituting the legitimate exercise of a right. The conviction was overturned and the defendant acquitted.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "16/03/1998", "year": "1998", "json_url": "/data/legal/docs/nexus-sen-1-0034-147335.json", "html_url": "/legal/doc/nexus-sen-1-0034-147335", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-147335" }, { "id": "nexus-sen-1-0034-148447", "citation": "Res. 00019-1988 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Civil Jurisdiction over Collusion in Cases of Civil Fraud", "title_es": "Competencia civil para conocer sobre connivencia en el ámbito del dolo civil", "summary_en": "The First Chamber of the Supreme Court reviews an ordinary proceeding challenging final judgments and ownership of bearer shares. It addresses whether civil judges had jurisdiction to rule on the alleged 'fraudulent collusion'. The Chamber holds that fraud (dolo) and deceit are not exclusive to criminal law, as they also apply in private law under articles 1045, 1046, 701, and 1020 of the Civil Code. Under Costa Rican law, a civil action may be brought even if the facts could constitute a criminal offense, except in exceptional cases of subordination of civil to criminal jurisdiction. Thus, the civil courts had jurisdiction to decide the claim. The Chamber also examines res judicata defenses, the nature of corporations—holding that shareholders are not co-owners of corporate assets—and the donation of bearer shares, which does not require a public deed. The plaintiffs' appeal is dismissed, and the defendants' appeal is partially granted, overturning the co-ownership declaration and reversing the judgment regarding share ownership, as the alleged donation was not proved.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/05/1988", "year": "1988", "json_url": "/data/legal/docs/nexus-sen-1-0034-148447.json", "html_url": "/legal/doc/nexus-sen-1-0034-148447", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-148447" }, { "id": "nexus-sen-1-0034-148606", "citation": "Res. 00228-1998 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Criminal liability for illegal logging and mistake of law", "title_es": "Responsabilidad penal por tala ilegal y error de prohibición", "summary_en": "The Criminal Cassation Court of San José reviewed an appeal against a conviction by the Criminal Court of Turrialba, which found an agricultural worker guilty of illegal tree felling to the detriment of natural resources, sentencing him to two months in prison commuted to daily fines. The appeal argued contradictory reasoning, as the judge mitigated the sentence based on a possible avoidable mistake of law. The Court held there was no contradiction but rather confusion that benefited the defendant, given that his intentional participation was clearly established in the judgment's reasoning. The finding of a possible mistake of law only served to reduce the penalty below the statutory minimum. The conviction for illegal logging was upheld and the appeal dismissed, reinforcing the principle that doubt about the illegality of an act may mitigate punishment but does not eliminate criminal liability.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "31/03/1998", "year": "1998", "json_url": "/data/legal/docs/nexus-sen-1-0034-148606.json", "html_url": "/legal/doc/nexus-sen-1-0034-148606", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-148606" }, { "id": "nexus-sen-1-0034-149238", "citation": "Res. 00456-1998 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Evidence standard in forestry criminal conviction", "title_es": "Libertad probatoria en condena penal forestal", "summary_en": "The Criminal Cassation Court of San José resolves an appeal against a conviction for illegal logging under the Forestry Law. The appellant argued that the testimony relied upon was insufficient and violated the principle of sufficient reason. The Court rejected the claim, holding that under the principle of freedom of evidence, a conviction may be based solely on the testimony of one or two persons, provided the judicial reasoning is consistent and reasoned. It found the appellant failed to identify specific flaws in the evidentiary assessment or demonstrate the decisive nature of uncalled witnesses. The conviction was supported by testimony placing the accused as having authorized the logging. The decision reaffirms the validity of single-witness convictions in criminal procedure, without establishing a special evidentiary standard for environmental offenses.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "30/06/1998", "year": "1998", "json_url": "/data/legal/docs/nexus-sen-1-0034-149238.json", "html_url": "/legal/doc/nexus-sen-1-0034-149238", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-149238" }, { "id": "nexus-sen-1-0034-159045", "citation": "Res. 00037-1993 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Non-applicability of moral damages to legal entities for breach of contract", "title_es": "Improcedencia del daño moral en personas jurídicas por incumplimiento contractual", "summary_en": "The First Chamber of the Supreme Court of Justice resolved a cassation appeal filed by the defendant against a judgment that upheld a claim for breach of contract. The plaintiffs, commercial companies, alleged that the defendant manufactured defective thermal cups (with leaks) and claimed, among other remedies, moral damages for commercial discredit. The Court of Appeals upheld the claim but denied moral damages, arguing that legal entities, being abstractions, have no feelings. The First Chamber overturned the Superior Court’s ruling and confirmed the first-instance judgment, which had dismissed the claim. However, in its reasoning, the Chamber did not rule on the merits of moral damages since it deemed it unnecessary after annulling the judgment. The decision is relevant because it sets out the doctrinal discussion on the viability of moral damages for legal entities, distinguishing between subjective moral damage (affective) and objectified moral damage (with patrimonial or reputational consequences), and leaves open the possibility of their recognition in Costa Rican law, although in this specific case they were not awarded.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/05/1993", "year": "1993", "json_url": "/data/legal/docs/nexus-sen-1-0034-159045.json", "html_url": "/legal/doc/nexus-sen-1-0034-159045", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-159045" }, { "id": "nexus-sen-1-0034-159501", "citation": "Res. 00122-2001 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Considering prior criminal record in sentencing for forestry offense", "title_es": "Consideración de antecedentes penales para fijar la pena en delito forestal", "summary_en": "The Criminal Appeals Tribunal of San José, in a majority decision, reviewed a cassation appeal against a conviction for violating Forestry Law No. 7575. The defendant was found guilty of illegally felling oak trees in a primary forest without authorization and was sentenced to eight months in prison. The appellant raised procedural defects regarding lack of factual specification, violation of the right to evidence, and incorrect application of substantive law in sentencing. The Tribunal rejected all grounds, holding that the trial court’s factual findings were sufficiently detailed as to time, place, and manner of the offense, without double jeopardy concerns. It further ruled that a judge is not required to order an on-site inspection sua sponte when other valid evidence exists. Regarding sentencing, it held that prior criminal records may be considered in setting the penalty, provided they are not the sole basis, and that the eight-month sentence fell within the prescribed range and complied with proportionality principles.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "09/02/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0034-159501.json", "html_url": "/legal/doc/nexus-sen-1-0034-159501", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-159501" }, { "id": "nexus-sen-1-0034-160420", "citation": "Res. 00502-2001 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over forest exploitation contracts with management plans", "title_es": "Competencia agraria en contratos de aprovechamiento forestal con plan de manejo", "summary_en": "The Agrarian Tribunal resolves a jurisdictional conflict between civil and agrarian courts in Limón. The dispute centers on whether a contract for the sale of timber should be heard by the agrarian or civil jurisdiction. The Tribunal finds that, although the contract is titled a timber sale, the clauses requiring the buyer to cover costs of surveying, titling, forest management plans, and extraction indicate that it is a contract for forest exploitation under a forest management plan, aimed at developing a productive silvicultural activity and forest recovery. Consequently, it involves human intervention in the forest’s biological cycle, which qualifies as an agrarian activity, placing the case within the competence of agrarian jurisdiction. The civil court’s declination of jurisdiction is therefore overruled.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "24/07/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0034-160420.json", "html_url": "/legal/doc/nexus-sen-1-0034-160420", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-160420" }, { "id": "nexus-sen-1-0034-162826", "citation": "Res. 00051-1995 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Possession in the Guanacaste Volcanic Range Forest Reserve", "title_es": "Negatoria de posesión en Reserva Forestal de la Cordillera Volcánica de Guanacaste", "summary_en": "The First Chamber of the Supreme Court, in an ordinary agrarian proceeding, examines the claim of several farmers seeking to be declared possessors of lands located within the Guanacaste Volcanic Range Forest Reserve. The plaintiffs alleged decennial possession through livestock, agriculture, and conservation activities. The Court rejects most of the claims by applying forestry regulations in force since 1969, which establish that possession of State Forest Heritage lands generates no rights, is imprescriptible and inalienable. Possession is denied to those who did not demonstrate effective agricultural or ecological activities, and to those who had already been relocated by the IDA. Only a limited right is recognized for certain plaintiffs who made improvements before the creation of the reserve, for compensation purposes, but denying them ownership and possession as a real right. Thus, the impossibility of acquiring state forest lands by usucapion is confirmed, and the character of national reserves as inalienable public heritage is emphasized.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "26/05/1995", "year": "1995", "json_url": "/data/legal/docs/nexus-sen-1-0034-162826.json", "html_url": "/legal/doc/nexus-sen-1-0034-162826", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-162826" }, { "id": "nexus-sen-1-0034-163776", "citation": "Res. 00119-1995 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Interruption of Prescription of Mortgage Bonds through Tacit Notification", "title_es": "Interrupción de la prescripción de cédulas hipotecarias mediante notificación tácita", "summary_en": "The First Chamber of the Supreme Court resolves a cassation appeal in a mortgage enforcement proceeding. The defendant had raised a statute of limitations incident regarding two mortgage bonds issued in 1984 and due in 1983, claiming that more than ten years had elapsed without any interrupting acts. The appellate court reversed the statute of limitations, finding that interrupting acts had occurred, such as the acceptance of the position of legal representatives and various procedural actions by the defendant's attorneys, which constituted tacit notification. The First Chamber dismisses the appeal, confirming that the ten-year prescription of the mortgage bonds was interrupted by automatic or tacit notification arising from the many actions of the debtor company's representatives, who demonstrated knowledge of the proceedings. The Chamber reiterates its case law that merely filing a lawsuit does not interrupt prescription; effective notification or appearing in court aware of the ruling is required, in accordance with Article 296 of the Civil Procedure Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/10/1995", "year": "1995", "json_url": "/data/legal/docs/nexus-sen-1-0034-163776.json", "html_url": "/legal/doc/nexus-sen-1-0034-163776", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-163776" }, { "id": "nexus-sen-1-0034-164485", "citation": "Res. 00030-2001 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Suspension of power-line easement in wildlife refuge", "title_es": "Suspensión de servidumbre eléctrica en refugio de vida silvestre", "summary_en": "The Administrative Court suspends the ICE agreement that established an easement for the Tarbaca-Lindora transmission line over the Gingold Family Private Wildlife Refuge. The court finds that executing the agreement would cause serious or irreparable harm to endangered species, applying the precautionary principle. It rejects arguments that the challenge is premature or that lacking an environmental impact study justifies proceeding; rather, the absence of such a study necessitates the injunction. The court emphasizes that protecting wildlife refuges serves a constitutionally rooted public interest that must be balanced against the project's public interest. The suspension is provisional, allowing ICE to complete the impact study and explore alternative routes.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "art-50-constitution", "biodiversity-law-7788" ], "date": "02/02/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0034-164485.json", "html_url": "/legal/doc/nexus-sen-1-0034-164485", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-164485" }, { "id": "nexus-sen-1-0034-168475", "citation": "Res. 00397-2001 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inapplicability of Positive Silence in Forestry Matters", "title_es": "Inaplicabilidad del silencio positivo en materia forestal", "summary_en": "The First Chamber of the Supreme Court confirms that positive silence (tacit approval) does not apply to forestry permit requests. The case involved a private party who argued that administrative inaction had tacitly renewed a logging permit. The Court rejected the claim, relying on binding constitutional precedent that treats forest resources as a constitutionally protected interest, barring the creation of exploitation rights through administrative silence. The Court clarified that this was not a retroactive application of the later Forestry Law No. 7575 (which explicitly barred positive silence), but a direct application of constitutional principles. Additionally, the unsigned resolution never took legal effect, so no administrative act granting rights existed. The ruling reinforces forest protection and establishes that positive silence is inapplicable in environmental matters.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "06/06/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0034-168475.json", "html_url": "/legal/doc/nexus-sen-1-0034-168475", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-168475" }, { "id": "nexus-sen-1-0034-173105", "citation": "Res. 00264-1996 Tribunal Segundo Civil Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of Res Judicata Exception When Civil Action Not Decided on Merits", "title_es": "Improcedencia de excepción de cosa juzgada material por acción civil no resuelta en fondo", "summary_en": "The Second Civil Superior Court, First Section, ruled on the appeal filed by the defendant against the order rejecting preliminary exceptions of res judicata, statute of limitations, and lack of necessary passive joinder, in an ordinary proceeding for breach and nullity of mortgage contracts. The plaintiff, a fraud victim, sued Inmobiliaria Teremar S.A. based on the same facts that gave rise to a prior criminal proceeding, in which he had also filed a civil damages action against the defendant and the accused. The Court confirmed the rejection of the exceptions. Regarding res judicata, it held that it did not apply because the civil action brought in the criminal court was never decided on the merits, as the criminal case ended with a mandatory dismissal, which extinguished the civil action without any trial or judgment. As to the necessary joinder, the Court found that the State was not affected by the claims and thus did not need to be joined. On the statute of limitations, it concluded that the ten-year prescription period for nullity actions was interrupted by service of process in 1995, before the period elapsed from the execution of the contracts in 1987.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/11/1996", "year": "1996", "json_url": "/data/legal/docs/nexus-sen-1-0034-173105.json", "html_url": "/legal/doc/nexus-sen-1-0034-173105", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-173105" }, { "id": "nexus-sen-1-0034-175782", "citation": "Res. 00340-2001 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Public transport concession — Duty to adapt to subsequent regulations", "title_es": "Concesión de transporte público — Deber de adaptación a normativa posterior", "summary_en": "The First Section of the Contentious-Administrative Tribunal upheld the judgment dismissing the annulment claim brought by a public transport concessionaire against the Regulatory Authority of Public Services (ARESEP). The claimant challenged an order requiring the installation of an emergency exit door in its buses (busetas) as a condition for future rate applications, arguing that its units had entered into operation before Law No. 7331 and that the requirement constituted retroactive application of the law. The Tribunal held that, upon signing the concession contract in 1993, the company expressly undertook to make all technically necessary improvements for the proper provision of the service and to comply with the legal system in force, including provisions adopted over time. Therefore, the requirement of an additional emergency exit does not amount to retroactive application of the law, but rather the enforcement of a rule from its effective date in respect of a legal relationship in which the concessionaire agreed to adapt to future technical and legal changes. The appeal is dismissed and costs are imposed on the claimant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/11/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0034-175782.json", "html_url": "/legal/doc/nexus-sen-1-0034-175782", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-175782" }, { "id": "nexus-sen-1-0034-179813", "citation": "Res. 00985-2001 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation on forest use without authorization", "title_es": "Casación sobre aprovechamiento forestal sin autorización", "summary_en": "The Criminal Cassation Court of San José upholds a one-month prison sentence for a merchant convicted of violating the Forestry Law by illegally harvesting timber without authorization. The defense argued insufficient evidentiary foundation and misclassification, claiming no economic benefit was proven and the wood was intended for a community hall. The Court rejects both grounds: the timber's destination is irrelevant to the offense, and Article 61 of the Forestry Law does not require specific economic gain—merely the illicit disposal of forest products suffices. Criminal intent is established as the defendant admitted knowing a permit was required. The ruling reinforces a broad interpretation of 'use' under Costa Rican forestry legislation, rejecting exemptions based on community or altruistic purposes.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "30/11/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0034-179813.json", "html_url": "/legal/doc/nexus-sen-1-0034-179813", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-179813" }, { "id": "nexus-sen-1-0034-184604", "citation": "Res. 00194-2002 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of possessory information claim on land within Golfo Dulce Forest Reserve", "title_es": "Rechazo de información posesoria sobre terreno en Reserva Forestal Golfo Dulce", "summary_en": "The Agrarian Tribunal overturned a trial court ruling that had granted a possessory information claim over a 16-hectare property located within the Golfo Dulce Forest Reserve, declared in 1978. The Attorney General's Office objected, arguing the land is part of the State's Natural Heritage and is inalienable. The trial judge approved the titling, but the Tribunal found serious defects in the evidentiary assessment and in the judgment, which ignored the state's opposition. The testimonial and documentary evidence failed to prove the required ten-year possession under Article 7 of the Possessory Information Law, nor the protection of the forest resource. The Tribunal held the claimant did not show possession for more than ten years before the reserve's creation in 1968, and therefore rejected the claim. A separate opinion by Judge Alvarado Paniagua elaborates on public domain regime, imprescriptibility and inalienability of State Natural Heritage, and the impossibility of private possession generating rights over such lands.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "21/03/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0034-184604.json", "html_url": "/legal/doc/nexus-sen-1-0034-184604", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-184604" }, { "id": "nexus-sen-1-0034-206922", "citation": "Res. 00248-1990 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Court dismisses appeal: burning and planting on another's land is usurpation, not a forestry crime", "title_es": "Corte rechaza casación: quemar y sembrar en terreno ajeno no es delito forestal, es usurpación", "summary_en": "The Criminal Chamber of the Supreme Court dismisses an appeal filed by the defense of an individual convicted of usurpation. The Agrarian Court of Limón found the defendant guilty of usurpation against a corporation, for entering and conducting burning, clearing, and planting activities on land of the company that had not been assigned to him. The defense alleged lack of reasoning in the judgment and violation of the non bis in idem principle, since the defendant had already been sanctioned for a Forestry Law violation for the same acts. The Criminal Chamber rejects both arguments: the judgment did consider all defense allegations, and the criminal acts are distinct: one is disturbance of possession (usurpation), the other is damage to forest resources (Forestry Law violation). The resolution confirms that the same material act (burning, clearing, planting) can carry different criminal liabilities when it harms different legal interests.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "31/08/1990", "year": "1990", "json_url": "/data/legal/docs/nexus-sen-1-0034-206922.json", "html_url": "/legal/doc/nexus-sen-1-0034-206922", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-206922" }, { "id": "nexus-sen-1-0034-213041", "citation": "Res. 00319-1996 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of factual basis and violation of presumption of innocence in forestry crime", "title_es": "Falta de fundamentación fáctica y violación del principio de inocencia en delito forestal", "summary_en": "The Criminal Cassation Court of San José annuls a conviction for violating the Forestry Law due to serious flaws in the judgment's reasoning. The lower court had convicted the defendant for farming on forestry land without authorization. The appeals court finds the judgment lacked a precise and detailed determination of the proven facts: it did not establish whether the defendant personally cleared the land or ordered it, nor the date, harming the defense and possibly affecting the statute of limitations. Furthermore, the judge impermissibly used the defendant's silence against him, inferring ownership and awareness from his failure to deny the facts. This violates the presumption of innocence and the right to remain silent. The conviction and trial are voided, and the case remanded for new proceedings. The ruling reinforces evidentiary standards in environmental criminal cases and the prohibition of reversing the burden of proof to the defendant's detriment.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "31/05/1996", "year": "1996", "json_url": "/data/legal/docs/nexus-sen-1-0034-213041.json", "html_url": "/legal/doc/nexus-sen-1-0034-213041", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-213041" }, { "id": "nexus-sen-1-0034-213739", "citation": "Res. 00606-1996 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Unauthorized cutting of white guácimo constitutes a forestry offense", "title_es": "Tala de guácimo blanco sin permiso sí constituye delito forestal", "summary_en": "The Criminal Cassation Court of San José upheld a conviction for illegal logging of white guácimo trees, rejecting the defense's arguments. The appellant claimed the defendants had merely cut shrubs on fallow land, not trees, and thus the conduct was atypical. The court found that the proven facts showed the sawing of 187 pieces of wood with a volume of 2.46 m³, evidencing the cutting of woody plants capable of providing timber under Article 2 of the Forestry Law Regulations. It also rejected the challenge to the forfeiture of the chainsaws, clarifying that forfeiture is a civil consequence of the crime under Article 110 of the Criminal Code, supplementarily applicable to the Forestry Law, and not a criminal penalty. The decision also noted that the new Forestry Law 7575 did not favor the defendants, since unpermitted cutting remained criminalized and forfeiture of instruments remained appropriate.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "04/10/1996", "year": "1996", "json_url": "/data/legal/docs/nexus-sen-1-0034-213739.json", "html_url": "/legal/doc/nexus-sen-1-0034-213739", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-213739" }, { "id": "nexus-sen-1-0034-216245", "citation": "Res. 00845-2002 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of conviction for illegal wood processing due to lack of reasoning", "title_es": "Anulación de condena por procesamiento ilegal de madera por falta de fundamentación", "summary_en": "The Criminal Cassation Court annuls the conviction for illegal wood processing due to essential flaws in the reasoning. The trial judge failed to specify the legal requirements the defendant should have met, and whether the acts actually constituted processing of forest products under the Forestry Law. The court also ignored the defendant's explanation that he was acting at the request of the landowner, who assured him he had the necessary permit. The Chamber holds that the defendant's experience in the activity is insufficient to establish criminal liability; the objective and subjective circumstances described in his statement must be assessed. Furthermore, it was not determined whether the wood came from a forest, a forest plantation, or a property under special conditions—relevant for criminal classification. The appeal is granted, the ruling and trial are annulled, and the case is remanded for new proceedings.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "11/10/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0034-216245.json", "html_url": "/legal/doc/nexus-sen-1-0034-216245", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-216245" }, { "id": "nexus-sen-1-0034-219474", "citation": "Res. 00238-1998 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possession in a forest reserve: neither agrarian nor ecological", "title_es": "Posesión en reserva forestal: ni agraria ni ecológica", "summary_en": "The Agrarian Tribunal reviews a possessory dispute between two private parties over land located within the Cordillera Volcánica Central Forest Reserve. The plaintiff claims exclusive ownership and eviction; the defendant counterclaims for a better right of possession and ownership of a commercial business. Neither party proved qualified agrarian or ecological possession: they engaged in no organized cultivation or protection of forest resources; on the contrary, severe deforestation and herbicide use were confirmed. The Tribunal emphasizes that in protected wild areas, possession must predate the reserve’s creation by ten years and be aimed at ecosystem conservation. Because the land is a demanial asset, adverse possession and the recognition of civil ownership or possession are not possible. Only a right of use over the existing commercial building is granted to the plaintiff, given its settled situation, and the eviction of the defendant is ordered.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "17/04/1998", "year": "1998", "json_url": "/data/legal/docs/nexus-sen-1-0034-219474.json", "html_url": "/legal/doc/nexus-sen-1-0034-219474", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-219474" }, { "id": "nexus-sen-1-0034-220489", "citation": "Res. 00682-1998 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of title to primary forest in protective zone for lack of decennial possession prior to 1979", "title_es": "Improcedencia de titular bosque primario en zona protectora por falta de posesión decenal anterior a 1979", "summary_en": "The Agrarian Court reviews an appeal against the denial of a possessory information proceeding over 202 hectares in Aguas Zarcas de Limón, located within the Protective Zone of the Río Banano Basin. The applicant claimed transmitted possession and acts of forest conservation. The Court, following the Constitutional Chamber's case law (Ruling 4587-97) and Article 7 of the Possessory Information Law, holds that because the land is within a protected area created in 1989, the applicant had to prove decennial possession exercised at least ten years prior to that date (i.e., since 1979 or earlier). Possession prior to 1983 was not proven, so the temporal requirement was unmet. It is clarified that ecological possession requires active protection of the ecosystem, and without the minimum term, titling cannot proceed. The lower court's ruling is upheld.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "16/10/1998", "year": "1998", "json_url": "/data/legal/docs/nexus-sen-1-0034-220489.json", "html_url": "/legal/doc/nexus-sen-1-0034-220489", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-220489" }, { "id": "nexus-sen-1-0034-227398", "citation": "Res. 00033-2003 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ten-year possession for title in forest reserve measured from creation decree", "title_es": "Posesión decenal para titular en reserva forestal se mide desde decreto de creación", "summary_en": "The Agrarian Tribunal reversed a lower court ruling that had approved a possessory information for land partially within the Golfo Dulce Forest Reserve and the Térraba-Sierpe National Wetland. The majority held that the ten-year possession required under Article 7 of the Possessory Information Law must be proven with ten years preceding the decree that created the protected area, not from the 1961 Land and Colonization Law as the State argued. Because the witnesses only placed knowledge of the property around 1969 at the earliest — not ten years before the 1978 decree — the title was denied. A dissenting judge argued the benchmark should be the 1961 Land and Colonization Law, contending that forests in national reserves have always been inalienable and imprescriptible state patrimony.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "30/01/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0034-227398.json", "html_url": "/legal/doc/nexus-sen-1-0034-227398", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-227398" }, { "id": "nexus-sen-1-0034-229394", "citation": "Res. 00157-2002 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Personal criminal liability of a physical person for forestry crimes committed as a representative of a corporation", "title_es": "Responsabilidad penal de persona física por delitos forestales cometidos como representante de sociedad anónima", "summary_en": "The Criminal Cassation Court of San José, in resolution No. 00157-2002, decides an appeal against a conviction for three violations of the Forestry Law (logging in protected areas, logging on private property without a permit, and land-use change). The lower court sentenced the defendant, president of a corporation that owned the property, to eight months in prison and payment of damages. The appellant argued procedural and substantive defects, including lack of proof of his participation, erroneous attribution of personal liability instead of corporate liability, inaccurate dates, and a possible mistake of law. The Court rejects all grounds. It reaffirms that under Costa Rican law legal persons cannot be held criminally liable, so criminal offenses are attributed to the physical persons who commit them. It declares the proven facts untouchable in a substantive appeal and upholds the conviction.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "22/02/2002", "year": "2002", "json_url": "/data/legal/docs/nexus-sen-1-0034-229394.json", "html_url": "/legal/doc/nexus-sen-1-0034-229394", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-229394" }, { "id": "nexus-sen-1-0034-230690", "citation": "Res. 00410-2001 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Order for evidence for better decision in ordinary proceeding against CCSS", "title_es": "Resolución que ordena prueba para mejor resolver en proceso ordinario contra la CCSS", "summary_en": "This order by the Second Section of the Contentious-Administrative Tribunal, in case file 93-100006-0178-CA, is an interlocutory ruling in an ordinary proceeding brought by Flor Reyes Brenes and others against the Costa Rican Social Security Fund (CCSS). The instructing judge, for the purpose of better provision, orders two evidentiary measures: requesting ad effectum videndi the labor case file 93-1880-213-L.A from the Labor Court, as it may be related; and requiring CCSS's Retirement Fund Administration Department to certify the benefits or status of a lengthy list of individuals apparently involved in the dispute. The order contains no substantive analysis, does not resolve the proceeding, and makes no decision on the merits of the controversy; it merely incorporates evidence into the record to clarify relevant facts prior to the final judgment. Accordingly, it lacks any environmental or other substantive legal content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/12/2001", "year": "2001", "json_url": "/data/legal/docs/nexus-sen-1-0034-230690.json", "html_url": "/legal/doc/nexus-sen-1-0034-230690", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-230690" }, { "id": "nexus-sen-1-0034-235605", "citation": "Res. 00396-2003 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mandatory forest restitution after illegal logging and land-use change", "title_es": "Obligatoriedad de restituir el bosque tras tala ilegal y cambio de uso", "summary_en": "The Criminal Cassation Tribunal of San José partially overturned a trial sentence that had convicted a defendant for illegal logging and land-use change in a forest, but had refused to order the uprooting of the coffee plantation established on the deforested area. The lower court had allowed the continuation of coffee farming with organic fertilizers, arguing that restitution was discretionary and would harm the defendant's family. The Cassation Tribunal corrected this error: it declared that forest restitution is mandatory, not discretionary, when environmental crimes are proven. It applied the principle of forest irreductibility (no net loss), derived from Articles 50 and 74 of the Political Constitution, the Forestry Law, the Organic Environmental Law, and the Biodiversity Law. It stated that restitution and punishment are legally distinct, and that a family's economic hardship is not a valid reason to deny restitution. Consequently, it ordered the immediate removal of the coffee crop and the restoration of the forest as soon as possible, granting no right to the defendant arising from the crime.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "08/05/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0034-235605.json", "html_url": "/legal/doc/nexus-sen-1-0034-235605", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-235605" }, { "id": "nexus-sen-1-0034-235646", "citation": "Res. 00450-2003 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Failure to order forest restitution violates the principle of irreducibility", "title_es": "Omisión de ordenar restitución del bosque vulnera el principio de irreductibilidad", "summary_en": "The Criminal Cassation Court partially annuls a conviction for Forestry Law violations (illegal logging, land-use change, invasion of a protection zone, and illegal trail construction) because the lower court failed to order restitution of the affected forest to its original state. The Attorney General's Office appealed, arguing insufficient reasoning. The Court grants the appeal and rules on the merits: an environmental crime makes the community a victim entitled to reparation. Applying the principle of forest irreducibility, protection of forest soil does not cease when degraded by human or natural events. Since demolition is unfeasible, it orders total closure of the trail, a ban on its use, and forest restitution by planting native species, to be supervised by administrative or corrections authorities.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "22/05/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0034-235646.json", "html_url": "/legal/doc/nexus-sen-1-0034-235646", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-235646" }, { "id": "nexus-sen-1-0034-237670", "citation": "Res. 00674-2003 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of nullity for unwarned testimony in forest crime case", "title_es": "Improcedencia de nulidad por testimonio no advertido", "summary_en": "The Criminal Cassation Court of San José rejected an appeal against a conviction for violating the Forestry Law. The defense argued that the defendant's statement was obtained without advising him of his right to remain silent, rendering it illegal evidence. The Court acknowledged that MINAE inspectors indeed failed to give the required warning once the defendant was considered a suspect, so that statement could not be used. However, even after hypothetically excluding that evidence, the conviction stood because the defendant's participation was proven through other valid evidence, such as the proximity of the felled trees to his home, the lack of permits, and recent dragging marks. The court concluded that the challenged evidence was not essential to the verdict; therefore, nullity was unwarranted.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "17/07/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0034-237670.json", "html_url": "/legal/doc/nexus-sen-1-0034-237670", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-237670" }, { "id": "nexus-sen-1-0034-238700", "citation": "Res. 00713-2003 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Scope of the verb “invade” in the crime of invasion of forest area", "title_es": "Alcances del verbo “invadir” en el delito de invasión a área de bosque", "summary_en": "The Criminal Cassation Court of San José interprets the verb “invade” in Article 58(a) of the Forestry Law. The defense argued that unauthorized clearing near a spring and creek does not constitute invasion, since no possessory acts like building were proven. The court rejects this: using a dictionary of synonyms, it holds that “invade” includes “burst into, penetrate, occupy, undertake”, not only possessory acts. Entering the protection zone of a spring or creek and deforesting fulfills the statutory verb. The accused’s conduct—cutting vegetation in that protected area without a permit—meets both objective and subjective elements, as he acted with full control of the deed. The conviction for invasion of a spring and creek zone is upheld.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "24/07/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0034-238700.json", "html_url": "/legal/doc/nexus-sen-1-0034-238700", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-238700" }, { "id": "nexus-sen-1-0034-241690", "citation": "Res. 00100-1994 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction based on the productive purpose of the land", "title_es": "Competencia agraria según el destino productivo del fundo", "summary_en": "The First Chamber of the Supreme Court resolved a jurisdictional conflict between civil and agrarian courts in a material division proceeding for a property in San Antonio de Belén. The defendant argued civil court lacked jurisdiction. The Chamber reaffirmed that agrarian jurisdiction depends on the land's use—whether it is devoted to a business agricultural activity. Examining the property's features—eight houses, a pigsty, old coffee, bamboo, yucca, and corn—it found no business agrarian activity. It therefore ruled the matter civil, under the Heredia Civil Court's competence.", "primary_topic_id": null, "topic_ids": [], "date": "10/06/1994", "year": "1994", "json_url": "/data/legal/docs/nexus-sen-1-0034-241690.json", "html_url": "/legal/doc/nexus-sen-1-0034-241690", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-241690" }, { "id": "nexus-sen-1-0034-254447", "citation": "Res. 01227-2003 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Correlation between accusation and judgment in forestry crimes", "title_es": "Correlación entre acusación y sentencia en delitos forestales", "summary_en": "The San José Criminal Cassation Court rejects an appeal against a conviction for Forestry Law violations — illegal logging, land-use change, and exploitation in a protected area — plus usurpation. The defense argued breach of the correlation principle between accusation and judgment, violation of the in dubio pro reo rule, and contradictory reasoning. The Court finds no substantial discrepancy: the manner of commission (directly or through hired third parties) is a variation that does not surprise the defense or violate due process, especially when the defendant admitted participation during a conciliation hearing. The Court sees no doubt about the intentional conduct and no contradiction in the proven facts; the trial judgment is adequately reasoned. The appeal is dismissed.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "27/11/2003", "year": "2003", "json_url": "/data/legal/docs/nexus-sen-1-0034-254447.json", "html_url": "/legal/doc/nexus-sen-1-0034-254447", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-254447" }, { "id": "nexus-sen-1-0034-258643", "citation": "Res. 00013-2004 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of standing in agrarian usucapion over registered forest land", "title_es": "Falta de legitimación en usucapión agraria sobre terreno boscoso inscrito", "summary_en": "The Agrarian Court upheld the dismissal of an ordinary agrarian lawsuit filed by an individual seeking to be declared the superior possessor and owner of a mostly forested property located within land registered under a company. The plaintiff claimed over ten years of personal and transferred possession, but in a judicial confession he admitted to having felled trees without permits, changed land use, and carried out clearing activities—conduct contrary to forest protection and the ecological possession requirements set forth in the Possessory Information Law. The Court found no valid transfer of title, no good faith, and no qualified possession, and ordered that records be sent to the Public Prosecutor's Office for potential environmental crimes. The decision emphasizes that possession of forested land must comply with natural resource protection regulations to merit judicial protection.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "29/01/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-258643.json", "html_url": "/legal/doc/nexus-sen-1-0034-258643", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-258643" }, { "id": "nexus-sen-1-0034-260396", "citation": "Res. 00150-2004 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal: Art. 61(a) Forest Law requires tree cutting in forest or plantation", "title_es": "Recurso por el fondo: Art. 61 inciso a) Ley Forestal exige que la corta sea en bosque o plantación", "summary_en": "The Criminal Cassation Court of San José, by majority vote 00150-2004, grants the cassation appeal on the merits filed by the defense and acquits the defendant of the crime of illegal harvesting of forest products under Article 61(a) of the Forestry Law. The court reaffirms the restrictive interpretation of that criminal provision, established in prior case law (votes 682-F-97, 845-F-97, and 929-2001), under which the mere cutting of a tree on private property does not constitute the offense; it is essential that the tree come from a forest or a forest plantation. In the present case, the prosecution and the trial court's judgment failed to prove that the felled laurel tree was part of a forest or plantation; it was only stated that it was on land owned by a development association. Given the impossibility of remedying that defect without violating the prohibition of reformatio in peius (Article 432 of the Code of Criminal Procedure), the court finds the conduct atypical and directly acquits the accused.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "24/02/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-260396.json", "html_url": "/legal/doc/nexus-sen-1-0034-260396", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-260396" }, { "id": "nexus-sen-1-0034-266935", "citation": "Res. 00359-2004 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Logging on non-forest land does not constitute a forestry crime", "title_es": "La tala en terrenos no boscosos no constituye delito forestal", "summary_en": "The Criminal Appeals Court of San José reviews the conviction of a defendant for forestry-law violation after he used wood from two Guanacaste trees that had been cut by an unknown person on a cattle farm. The court holds that Articles 61(a) and 58 of the Forestry Law punish only the logging or use of forest products from forests or forest plantations, not isolated trees on agricultural or non-forest land. It rejects the expansive interpretation of 'forestal' as synonymous with 'tree' and warns that the Forestry Law Regulation cannot broaden the criminal offense by defining agricultural or urban land as forest. The conduct is deemed atypical, and the defendant is acquitted. The decision reaffirms the principles of legality and harm (lesividad) in criminal law.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental", "procedural-environmental" ], "date": "22/04/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-266935.json", "html_url": "/legal/doc/nexus-sen-1-0034-266935", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-266935" }, { "id": "nexus-sen-1-0034-267307", "citation": "Res. 00217-2004 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Failure to Prove Decennial Possession in Golfo Dulce Forest Reserve Bars Titling", "title_es": "Falta de posesión decenal en Reserva Forestal Golfo Dulce impide titulación", "summary_en": "The Agrarian Court upholds the denial of a possessory information claim over a property partially within the Golfo Dulce Forest Reserve. The applicant failed to prove decennial possession prior to the 1961 Land and Colonization Law, an essential requirement for acquiring rights over lands forming the State's Natural Heritage. The court emphasizes that forested land in a National Reserve automatically constitutes public domain, inalienable and imprescriptible, and any subsequent possessory acts are illegitimate and confer no rights. The testimonial evidence did not establish the required possession, and admission of new evidence was not justified, thus the lower court's ruling is affirmed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "22/04/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-267307.json", "html_url": "/legal/doc/nexus-sen-1-0034-267307", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-267307" }, { "id": "nexus-sen-1-0034-268461", "citation": "Res. 00493-2004 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict liability for water contamination", "title_es": "Responsabilidad objetiva por contaminación de aguas", "summary_en": "The Criminal Cassation Court upholds the civil judgment against Inversiones Sábalo S.A. for contamination of the Coto and Sábalo rivers caused by aerial spraying of toxic agrochemicals. Although the criminal defendant was acquitted due to doubt, objective civil liability is applied: the foundation is not fault or intent, but the occurrence of damage. Arguments regarding violation of the chain of custody for water samples are rejected, as this is a criminal procedural institute not applicable to civil liability. The decision is grounded in Articles 41, 46 and 50 of the Political Constitution, and Articles 2.d, 59, 66 and 101 of the Organic Environmental Law, which embody the 'polluter pays' principle. The Court relies on circumstantial evidence (temporal and geographic proximity, product toxicity, observations by neighbors and authorities) to establish the causal link, even without necropsy of the fish.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "20/05/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-268461.json", "html_url": "/legal/doc/nexus-sen-1-0034-268461", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-268461" }, { "id": "nexus-sen-1-0034-268898", "citation": "Res. 00567-2004 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Social interest housing transfer without INVU permission confers no certain right", "title_es": "Vivienda de interés social no confiere derecho cierto si se transfiere sin permiso del INVU", "summary_en": "The Third Chamber of the Supreme Court of Justice overturns the conviction for fraudulent transfer (estelionato) and acquits the defendant. The accused had received, via public deed, a low-income housing lot originally assigned by the INVU to her son, who had earlier sold it —without institutional authorization— to the alleged victim. The Chamber determines that the original transaction between the original allottee and the victim did not vest any certain right in the latter, because INVU regulations prohibit any transfer of the lot without the entity’s prior and express consent, and the allottee’s possession is precarious. Since there was no certain right that could have been rendered uncertain or disputed, the defendant’s conduct is atypical for the crime of estelionato. The eviction order is vacated and the civil damages claim dismissed, exempting the civil plaintiff from costs because there was plausible cause to litigate, with the State bearing the court costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/05/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-268898.json", "html_url": "/legal/doc/nexus-sen-1-0034-268898", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-268898" }, { "id": "nexus-sen-1-0034-275937", "citation": "Res. 00704-1997 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Unauthorized harvesting of forest products and logging in protected areas under Law 7575", "title_es": "Aprovechamiento de productos forestales sin autorización y tala en áreas de protección bajo la Ley 7575", "summary_en": "The Criminal Cassation Court resolves an appeal against a conviction for illegal logging. The appellant alleged errors in evidence assessment and improper application of Forestry Law No. 7174, repealed by Law No. 7575. The court rejects the procedural grounds, holding that authorship and guilt were based on valid circumstantial evidence, excluding statements obtained without guarantees. On the merits, it partially grants the appeal: although the acts occurred under Law 7575, the conduct remains punishable. It modifies the classification from “illegal logging” under art. 122 of Law 7174 to “unauthorized harvesting of forest products” under art. 61(a) of Law 7575, upholding the one-year prison sentence and conditional execution. Art. 58(b) (protected areas) is not applied to avoid worsening the appellant’s situation. The ruling clarifies that logging or felling is indeed criminalized under current law.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "05/09/1997", "year": "1997", "json_url": "/data/legal/docs/nexus-sen-1-0034-275937.json", "html_url": "/legal/doc/nexus-sen-1-0034-275937", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-275937" }, { "id": "nexus-sen-1-0034-275947", "citation": "Res. 00696-1997 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reversal for lack of reasoning in forestry violation conviction", "title_es": "Nulidad por falta de fundamentación en condena por infracción forestal", "summary_en": "The Criminal Cassation Court of San José sua sponte reversed a trial court conviction for forestry law violations due to multiple reasoning defects. It held that the lower court failed to cite any criminal provisions supporting the offense classification and sentencing, neglecting to identify the objective and subjective elements of the crime. The sentencing analysis was also flawed, as the judge did not refer to the factors required by Article 71 of the Penal Code. As for the evidence, the court found it improper to rely on statements the defendant made to MIRENEM inspectors without defense safeguards, and observed that the lower court inexplicably omitted testimony from private individuals referenced by those officials. The appellate chamber deemed these deficiencies a violation of due process and remanded the case for a new trial, with a cap stipulating that any new conviction may not exceed the original six‑month sentence, in compliance with the prohibition on reformatio in peius.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "29/08/1997", "year": "1997", "json_url": "/data/legal/docs/nexus-sen-1-0034-275947.json", "html_url": "/legal/doc/nexus-sen-1-0034-275947", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-275947" }, { "id": "nexus-sen-1-0034-281433", "citation": "Res. 00951-2004 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment for lack of correlation between charges and conviction in forestry crimes", "title_es": "Anulación por falta de correlación entre acusación y sentencia en delitos forestales", "summary_en": "The Criminal Cassation Court annulled a conviction for illegal logging and land-use change after finding essential defects. The trial court introduced uncharged facts —a second logging and burning incident— violating the principle of correlation and the right to defense. Furthermore, the judgment lacked reasoning on authorship, failing to link the defendant to the discovered acts. The case was remanded for new proceedings, reaffirming that convictions must adhere strictly to the charges and be adequately reasoned.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "16/09/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-281433.json", "html_url": "/legal/doc/nexus-sen-1-0034-281433", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-281433" }, { "id": "nexus-sen-1-0034-283707", "citation": "Res. 00532-2004 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Suspension of environmental fine for terracing and water erosion", "title_es": "Suspensión de multa ambiental por terraceo y erosión hídrica", "summary_en": "The Administrative Appeals Court upheld the denial of the suspension of a fine of one hundred thousand colones and the order to conduct soil studies imposed by the Environmental Administrative Tribunal. The landowner alleged he had not carried out the terracing, earthmoving, and tree-cutting works, and lacked resources to comply with the measures. The court dismissed his arguments, noting he had not proven irreparable or difficult-to-repair harm. It added that, even if he did not personally perform the works, he consented to them without taking preventive measures. It emphasized the prevalence of environmental law and the pro natura principle in the face of the public interest in protecting the environment, given that the water erosion detected constituted harm deserving protection.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "procedural-environmental", "soil-conservation-7779" ], "date": "21/10/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-283707.json", "html_url": "/legal/doc/nexus-sen-1-0034-283707", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-283707" }, { "id": "nexus-sen-1-0034-284643", "citation": "Res. 01152-2004 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Principle of non-reform in peius in restoration for land-use change", "title_es": "Principio de no reforma en perjuicio en restauración por cambio de uso del suelo", "summary_en": "The Criminal Appeals Chamber reviewed a sentence requiring a convicted person for land-use change to uproot coffee and restore the forest. The original judgment offered two options: replant local species or allow natural regeneration. After a defense appeal, the remand judge removed the natural regeneration option and imposed specific native species planting. The Appeals Chamber annulled this modification as a violation of the prohibition of reformatio in peius: since only the defendant appealed, his situation could not be worsened. It reinstated the coffee uprooting with the possibility of natural regeneration. It also rejected the argument that the order affects private property, because the environmental public interest prevails and the defendant was the one who planted the coffee. Restoration does not require an express civil damages claim, as it arises from the commission of the intentional crime itself.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "05/11/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-284643.json", "html_url": "/legal/doc/nexus-sen-1-0034-284643", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-284643" }, { "id": "nexus-sen-1-0034-287254", "citation": "Res. 00810-2004 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Limitation period for actions due to hidden defects in commercial sales", "title_es": "Plazo aplicable a acciones por vicios ocultos en compraventa mercantil", "summary_en": "The First Chamber of the Supreme Court resolves a cassation appeal filed by Yanber S.A. against a lower court ruling that upheld the statute-of-limitation defense. The plaintiff alleged breach of contract and hidden defects in an extrusion line sold by Alpha Marathon Mfg. Inc., seeking damages, application of the exceptio non adimpleti contractus, and a declaration that the bill of exchange was unenforceable. The Chamber holds that, in a commercial sale between companies, the applicable limitation period is the one-year term under Article 984(e) of the Commercial Code, not the three-month expiry period under Article 450, because the claim was not for restitution of payment but for damages for breach of contract. It also dismisses the challenges regarding interruption of prescription and the validity of the bill of exchange due to lack of proper cassation arguments. The appealed judgment is upheld, and costs are imposed on the appellant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/09/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-287254.json", "html_url": "/legal/doc/nexus-sen-1-0034-287254", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-287254" }, { "id": "nexus-sen-1-0034-287806", "citation": "Res. 00866-2004 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian Court annuls lower court ruling for procedural defects involving IDA", "title_es": "Nulidad de sentencia agraria por defectos procesales IDA", "summary_en": "The Agrarian Tribunal annuls the lower court's ruling in an ordinary proceeding seeking damages against the Institute of Agrarian Development (IDA). The plaintiff claimed he was dispossessed of his allocated parcel, which the IDA used for a housing project, causing material, moral, and lost-profit damages. The Civil Court of Puntarenas had dismissed the claim and upheld the IDA's defenses of lack of right and lack of standing, even though the IDA's response was filed late and it was in default. The Tribunal found that the lower court committed serious procedural errors: it ruled on defenses already rejected as untimely, failed to take the defendant's requested interrogatory, and disregarded without justification evidence admitted for better resolution. These omissions left the plaintiff defenseless, violating due process and the right to defense. Consequently, the ruling is declared null, and the lower court is ordered to correct the identified errors.", "primary_topic_id": null, "topic_ids": [], "date": "16/11/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-287806.json", "html_url": "/legal/doc/nexus-sen-1-0034-287806", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-287806" }, { "id": "nexus-sen-1-0034-292194", "citation": "Res. 01393-2004 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian possession protected by law excludes the crime of usurpation", "title_es": "Posesión agraria amparada por el ordenamiento excluye el delito de usurpación", "summary_en": "The Third Chamber of the Supreme Court of Justice, through Resolution 01393-2004, dismissed an appeal filed against an acquittal of the defendants on charges of usurpation, attempted extortion, criminal association, stellionate, and fraud. The appellant, the special representative of the plaintiff, argued that the trial court erred in not applying the criminal usurpation provision, as it failed to consider that the defendants had transferred their possessory rights to the victim for consideration. The Chamber upheld the acquittal, finding that the defendants' possession was of an agrarian nature, protected by law, and consolidated through a titling process before the Agrarian Development Institute (IDA). The Chamber emphasized that the crime of usurpation protects effective possession, not ownership rights or the better right to possess, and that conduct supported by agrarian legislation cannot be deemed unlawful. It also rejected claims of improper evidence evaluation and insufficient reasoning, reaffirming that criminal proceedings are not the proper forum for resolving disputes over superior possessory rights.", "primary_topic_id": null, "topic_ids": [], "date": "03/12/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-292194.json", "html_url": "/legal/doc/nexus-sen-1-0034-292194", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-292194" }, { "id": "nexus-sen-1-0034-292565", "citation": "Res. 00643-2004 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental public interest prevails over economic damages in precautionary marina closure", "title_es": "Interés público ambiental prevalece sobre daños económicos en cierre cautelar de marina", "summary_en": "This ruling by the Second Section of the Administrative Contentious Tribunal overturns the precautionary suspension of the closure of operations of Marina y Club de Yates Playa Flamingo S.A., ordered by the Administrative Environmental Tribunal. The closure was based on serious non-compliance: pollution from fuel spills, operation of a fuel station without authorization, violation of the Law on Concessions and Operation of Tourist Marinas, and lack of an environmental impact study. On appeal by the State, the higher court weighs the constitutional right to a healthy and ecologically balanced environment (Article 50) and the protection of diffuse public goods in a fragile coastal zone. Applying the precautionary principle and the criterion of environmental public interest, the court holds that public interest must prevail over the certain economic damages caused by the closure, especially since the Constitutional Chamber had already rejected claims of fundamental rights violations. Consequently, it dismisses the suspension motion and upholds the enforceability of the closure order.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "art-50-constitution", "biodiversity-law-7788", "procedural-environmental" ], "date": "17/12/2004", "year": "2004", "json_url": "/data/legal/docs/nexus-sen-1-0034-292565.json", "html_url": "/legal/doc/nexus-sen-1-0034-292565", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-292565" }, { "id": "nexus-sen-1-0034-304293", "citation": "Res. 00133-2005 Tribunal Segundo Civil Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Indemnification under Law 6209 does not allow additional compensation for unilateral termination", "title_es": "La indemnización bajo la Ley 6209 no admite ampliación cuando hay incumplimiento por terminación unilateral", "summary_en": "The Civil Appellate Court clarifies the scope of the indemnity owed to national representatives and distributors when a foreign principal unjustifiably terminates the relationship. The plaintiff sought additional compensation for moral damages and investments, arguing the law sets only a minimum indemnity. The majority decision denies both claims: moral damages are not independently recoverable because the law establishes a single fixed indemnification that covers all harm arising from the termination. To obtain greater compensation, the plaintiff would have needed to allege and prove contractual fraud (dolo), which was not done. Regarding the recovery of investment costs, the statute only applies when the distributor holds unsold inventory at the end of the relationship, a condition that was not met here.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/04/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0034-304293.json", "html_url": "/legal/doc/nexus-sen-1-0034-304293", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-304293" }, { "id": "nexus-sen-1-0034-310361", "citation": "Res. 00292-2005 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Review of conviction for logging in a stream protection zone", "title_es": "Revisión de condena por tala en zona de protección de quebrada", "summary_en": "The Criminal Cassation Court denies the review of a conviction for violating the Forestry Law. The defendant was found guilty of ordering the felling and destruction of an intermittent stream's protection zone on his property, including building a dam, without any forestry permit. The defense argued the conduct became non-criminal under the new Forestry Law 7575, which allegedly would no longer penalize logging on private property without a permit. The Court holds that logging in protection zones, even on private property, remains punishable under article 58(b) read with articles 33 and 3 of Law 7575, since using forest resources in those areas for non-legal purposes constitutes a crime. It distinguishes this case from precedents that considered logging in non-forested areas atypical, stressing that the proven facts here involve destruction of a stream protection zone, which is expressly regulated. The review is denied.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "15/04/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0034-310361.json", "html_url": "/legal/doc/nexus-sen-1-0034-310361", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-310361" }, { "id": "nexus-sen-1-0034-311415", "citation": "Res. 00412-2005 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Prosecutor cannot appeal acquittal they themselves requested", "title_es": "Fiscal no puede recurrir absolutoria que él mismo solicitó", "summary_en": "The Criminal Cassation Court, by majority, dismissed the cassation appeal filed by a deputy prosecutor against the acquittal of a defendant for violation of the Forestry Law. The majority held that the Public Prosecutor’s Office suffered no harm because the trial prosecutor expressly requested acquittal, and the trial court granted that request. Under Article 424 of the Criminal Procedure Code, parties may only challenge decisions that cause them harm without having contributed to it. Article 18 of the Organic Law of the Public Prosecutor’s Office allows a superior to correct a subordinate prosecutor’s requests before the ruling is issued, and later to replace the prosecutor in order to file appeals, but it does not authorize ignoring the consequences of the position taken by the prosecutor at trial. The dissenting judge, in contrast, admitted the appeal and addressed the merits, holding that cutting a tree in a mangrove—a protected area—constitutes a forestry offense even if it is not a forest, so the acquittal for lack of typicality was erroneous.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "12/05/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0034-311415.json", "html_url": "/legal/doc/nexus-sen-1-0034-311415", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-311415" }, { "id": "nexus-sen-1-0034-312582", "citation": "Res. 00529-2005 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment for lack of reasoning in legal classification and civil damages in forestry crimes", "title_es": "Nulidad por infundamentación de la calificación jurídica y condena civil en delitos forestales", "summary_en": "The Criminal Appeals Chamber of San José annulled an entire conviction for forestry crimes—illegal logging, land-use change, unauthorized trail building, and destruction of vegetation in a protected zone—after upholding two grounds of appeal. The Chamber found the lower court failed to provide reasoning for its legal classification: it did not explain why it applied a material concurrence of offenses rather than an ideal or apparent concurrence, nor did it specify the concrete actions supporting each criminal charge. It also found the civil damages award lacked evidentiary foundation, as the judgment did not identify the evidence used to calculate ecological damage and direct/indirect use values. The Chamber ordered a retrial and emphasized that a judgment must be self-contained, stating all factual and legal grounds for its conclusions.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "09/06/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0034-312582.json", "html_url": "/legal/doc/nexus-sen-1-0034-312582", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-312582" }, { "id": "nexus-sen-1-0034-312606", "citation": "Res. 00614-2005 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation annuls forestry conviction for lack of legal subsumption", "title_es": "Casación anula condena forestal por falta de subsunción típica", "summary_en": "The Criminal Cassation Court of San José, by majority vote, granted a cassation appeal against a conviction for violating the Forestry Law. The trial court had convicted the defendant of two counts of illegal tree felling, imposing a total sentence of three years and six months in prison. The cassation court identified a fundamental defect: the appealed judgment lacked adequate legal reasoning. It merely cited Article 61 of the Forestry Law without specifying which of its five subsections applied to the charged conduct. This omission made it impossible to verify whether the proven facts had been correctly subsumed under the specific criminal provision, a requirement of due process under Article 39 of the Constitution and the judgment reasoning rules in the Criminal Procedure Code. Consequently, both the judgment and the preceding hearing were annulled, and the case was remanded for a new proceeding. A dissenting vote argued that the defect could have been remedied at the cassation level.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "30/06/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0034-312606.json", "html_url": "/legal/doc/nexus-sen-1-0034-312606", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-312606" }, { "id": "nexus-sen-1-0034-315117", "citation": "Res. 00909-2005 Tribunal Primero Civil", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Stay of mortgage foreclosure for criminal proceedings", "title_es": "Suspensión de ejecutivo hipotecario por causa penal", "summary_en": "The First Civil Chamber hears the appeal of annotator Asesole S.A. against the order denying its request to stay the mortgage foreclosure proceeding due to a pending criminal case. The appellant argues that the criminal case is linked to the mortgage that underlies the enforcement. The Chamber, applying Article 654 of the Civil Procedure Code, reasons that in mortgage foreclosure proceedings, a stay does not automatically follow from the mere existence of a criminal case; rather, it must be assessed at the time of approving or rejecting the auction. Here, the auction had already taken place and the plaintiff was awarded the property despite the criminal case. Moreover, the appellant does not challenge the validity of the mortgage within the criminal case, so there is no reason to halt the proceeding. The appealed order is confirmed, allowing the foreclosure to continue.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/08/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0034-315117.json", "html_url": "/legal/doc/nexus-sen-1-0034-315117", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-315117" }, { "id": "nexus-sen-1-0034-317245", "citation": "Res. 00902-2005 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment for lack of reasoning in illegal timber harvesting conviction", "title_es": "Anulación por falta de fundamentación en condena por aprovechamiento ilegal de madera", "summary_en": "The San José Criminal Appeals Chamber annuls a conviction for illegal timber harvesting under Article 61(a) of the Forestry Law. The trial court had sentenced the defendant to three months in prison, but a procedural appeal demonstrated a lack of evidentiary and intellectual reasoning. The appealed judgment merely transcribed witness statements and the acquitted co-defendant's testimony, without genuinely evaluating the evidence according to the rules of sound criticism. It also failed to analyze documentary evidence (MINAE reports, records, certifications) and expert evidence (timber appraisal). Furthermore, the description of proven facts was imprecise regarding essential elements of the crime, such as what the harvesting specifically consisted of and the private property status of the land. The Appeals Chamber upholds the appeal, fully annuls the judgment and trial, and remands for new proceedings.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "14/09/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0034-317245.json", "html_url": "/legal/doc/nexus-sen-1-0034-317245", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-317245" }, { "id": "nexus-sen-1-0034-318865", "citation": "Res. 00988-2005 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Use of false forest report to obtain logging permit in forested area", "title_es": "Uso de informe forestal falso para obtener permiso de tala en zona boscosa", "summary_en": "The Third Chamber of the Supreme Court of Justice denies an appeal against a conviction for use of a false document, confirming that the defendant used a fraudulent forest report to obtain a logging permit from MINAE. The trial court had acquitted him of substantive forestry crimes (illegal logging, land-use change, encroachment on protected zones) but convicted him for the offense against public trust. The Chamber finds the report contained false information by locating protected forest trees as if they were on agricultural land, and the defendant knew of the falsehood. It emphasizes that ideological falsehood can arise from inserting false data or deliberately omitting relevant aspects. The harm is twofold: undermining the credibility of public documents and causing concrete environmental damage by cutting protected trees. The sentence of one year in prison is the statutory minimum, with conditional execution granted.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "26/08/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0034-318865.json", "html_url": "/legal/doc/nexus-sen-1-0034-318865", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-318865" }, { "id": "nexus-sen-1-0034-320887", "citation": "Res. 00474-2005 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary measure partially allows mining extraction at Pedregal Quarry under strict hydrogeological conditions", "title_es": "Medida cautelar permite extracción minera parcial en Tajo Pedregal bajo condiciones hidrogeológicas estrictas", "summary_en": "The Contentious-Administrative Tribunal, Section II, resolves a precautionary measure incident within the ordinary mining proceeding brought by Productos Pedregal S.A. and other companies against the State. The plaintiffs seek the suspension of the effects of administrative acts that ordered the cessation of activities and the cancellation of mining concession No. 1547 at the Pedregal Quarry in San Antonio de Belén. After reviewing hydrogeological studies, the environmental management plan, the extraction plan, an independent expert opinion from a qualified hydrogeologist, and an on-site judicial inspection, the Tribunal finds that the company would suffer damages of difficult or impossible reparation. Nevertheless, it also finds a preponderant public interest: the protection of the water resources of the Upper Colima aquifer, which is vulnerable to extractive activity. It balances both interests and partially grants the precautionary measure, authorizing material extraction only in Zone F of the western sector of the concession, subject to strict technical and environmental conditions, and under the supervision of the competent entities. The ruling balances the right to precautionary judicial protection with the precautionary principle and the protection of groundwater.", "primary_topic_id": null, "topic_ids": [], "date": "12/10/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0034-320887.json", "html_url": "/legal/doc/nexus-sen-1-0034-320887", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-320887" }, { "id": "nexus-sen-1-0034-325862", "citation": "Res. 00929-2005 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ecological possession prevails over squatter invasion — Better possessory right confirmed with dissenting vote", "title_es": "Posesión ecológica prevalece sobre invasión precarista — Confirmación de mejor derecho posesorio con voto salvado", "summary_en": "The Agrarian Court upholds the lower court's ruling in favor of [Nombre1]'s claim of better possessory right against [Nombre2]. The court found that the plaintiff had exercised possessory acts for years by abandoning pasture areas for natural regeneration and dedicating the property to forest and ecological conservation, even applying for forestry incentives with MINAE. The defendant entered clandestinely, cleared regenerating areas, built a hut, and planted short-cycle crops, failing to prove legitimate agrarian possession. The court rejected the appellant's arguments that the plaintiff lacked possession and that entry was lawful, confirming eviction, damages, and costs. A dissenting vote argued that the registered owner Chocuaco S.A. was a necessary passive joint-party, and the judgment should have been annulled to include it.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "11/11/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0034-325862.json", "html_url": "/legal/doc/nexus-sen-1-0034-325862", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-325862" }, { "id": "nexus-sen-1-0034-330689", "citation": "Res. 01413-2005 Tribunal Primero Civil", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Fraud not presumed in breach of contract for delivery of vehicle with different specifications", "title_es": "Dolo no se presume en incumplimiento contractual por entrega de vehículo con especificaciones distintas", "summary_en": "The First Civil Court hears an appeal by the plaintiffs (the Diermissen Picado family) against the judgment of the Second Civil Court of San José. The plaintiffs sued Auto Ensambladora S.A. for breach of contract, after purchasing an Asia Topic minibus 1999 model that, they allege, was not delivered with the agreed features (air conditioning, power steering, etc.). They sought contract termination, refund of the purchase price, and damages, including moral damages. The trial court found a breach of contract but dismissed all monetary claims and ordered the plaintiffs to pay costs. The First Civil Court upholds the judgment on the merits, holding that although the defendant was at fault, there was no proof of fraud (dolo), as fraud is not presumed and there is no evidence of deliberate intent to cause harm. Moreover, the claimed damages lack proof or are not a direct consequence of the breach. However, the court reverses the cost order, finding that there was reciprocal success (vencimiento recíproco), applying procedural good faith under Article 222 of the Civil Procedure Code. Thus, the plaintiffs are relieved of costs and the rest of the judgment is confirmed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/12/2005", "year": "2005", "json_url": "/data/legal/docs/nexus-sen-1-0034-330689.json", "html_url": "/legal/doc/nexus-sen-1-0034-330689", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-330689" }, { "id": "nexus-sen-1-0034-331554", "citation": "Res. 00042-2006 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Injunction against Ballena Beach Regulatory Plan amendment on environmental grounds", "title_es": "Suspensión de modificación del Plan Regulador de Playa Ballena por vulneración ambiental", "summary_en": "The Administrative Contentious Tribunal, Section II, hears a request to stay the effects of a municipal planning decision, within an appeal against Osa Municipal Agreement No. 3-2004, which approved an amendment and expansion of the Playa Ballena Regulatory Plan, Playa Arco sector. The appellant argued soil fragility, coastal erosion, presence of wetlands and forests, and proximity to Ballena Marine National Park. Without prejudging the merits, relying on the precautionary principle, the right to a healthy environment under Article 50 of the Constitution, and extensive international instruments, the Tribunal stays the challenged agreement. It finds that procedural delays (incomplete documentation) and possible implementation of the new zoning could cause serious and irreparable harm before the appeal is resolved, establishing periculum in mora and prima facie case, granting immediate environmental protection.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "art-50-constitution", "biodiversity-law-7788" ], "date": "08/02/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0034-331554.json", "html_url": "/legal/doc/nexus-sen-1-0034-331554", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-331554" }, { "id": "nexus-sen-1-0034-337540", "citation": "Res. 00160-2006 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of polychaete exploitation permit under the precautionary principle", "title_es": "Denegación de permiso de explotación de poliqueto por principio precautorio", "summary_en": "The Administrative Court hears on appeal a motion to suspend the administrative act filed by Bloody Worm S.A. against INCOPESCA, which denied the extension of an experimental extraction and commercialization permit for the polychaete Americonuphis reesei. The company argued the denial caused irreparable harm by prohibiting its economic activity. The Court analyzes the requirements for injunctive relief, stressing that even summary proof of irreparable harm was lacking, as the extraction activity was not the sole source of income and no financial studies were provided. It further highlights the application of the precautionary principle or in dubio pro natura, enshrined in international instruments and the Biodiversity Law, requiring authorization to be withheld in the face of scientific uncertainty over environmental impact. Based on the absence of harm evidence and the prevalence of the precautionary principle, it upholds the lower court decision rejecting the motion to suspend.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "04/04/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0034-337540.json", "html_url": "/legal/doc/nexus-sen-1-0034-337540", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-337540" }, { "id": "nexus-sen-1-0034-337629", "citation": "Res. 00419-2006 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Propriety of possessory titling on forest‑apt land under natural‑resource protection", "title_es": "Procedencia de titulación posesoria en terreno con aptitud forestal bajo protección del recurso natural", "summary_en": "The Agrarian Tribunal, with a dissenting vote, rules on an appeal against the approval of possessory information proceedings brought by a livestock corporation over a 95‑hectare property containing forest, scrubland, and pasture in Pococí. The lower agrarian court had approved the titling, imposing restrictions from the Water, Public Roads, and Forestry laws and forbidding vegetation removal on riverbanks. The majority confirms that ruling. It holds that although a previous proceeding had noted forest clearing along the river, the new judicial inspection and a MINAE report now show the resource is protected and no land‑use change exists. It applies the constitutional principle of sustainable development (Article 50) and finds that the duty to protect forest under Article 7 of the Possessory Information Law must be read in light of current circumstances without denying the applicant’s right to property. The dissenting vote, by contrast, argues that the creation of a lane on the riverbank still demonstrates harm to the protected zone, making it impossible to deem the protection requirement satisfied, and therefore the titling should be denied.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "26/04/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0034-337629.json", "html_url": "/legal/doc/nexus-sen-1-0034-337629", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-337629" }, { "id": "nexus-sen-1-0034-345644", "citation": "Res. 00698-2006 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of possessory information claim in Puriscal-Parrita Titling Zone", "title_es": "Improcedencia de información posesoria en Zona de Titulación Puriscal-Parrita", "summary_en": "The Agrarian Court upholds the dismissal of a possessory information claim regarding land in Higuerón de León Cortés upon finding the property falls within the Puriscal-Parrita Titling Zone registered under IDA (now INDER). Although the Law on Land Titling in National Reserves was annulled by the Constitutional Chamber in 2001, prior good-faith titles remain valid, yet it is impossible to issue a new title over an area already registered under IDA, as this would create double ownership. The Court rejects the applicant's argument that the land was acquired at a judicial auction, since this does not alter the property's location within the titling zone or turn the proceeding into a contentious matter; moreover, no evidence showed the land lay outside that zone.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "11/07/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0034-345644.json", "html_url": "/legal/doc/nexus-sen-1-0034-345644", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-345644" }, { "id": "nexus-sen-1-0034-345742", "citation": "Res. 00066-2006 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Upheld cancellation of quarry concession for Virilla river diversion", "title_es": "Confirmación de cancelación de concesión por desvío del cauce del río Virilla", "summary_en": "The Fourth Section of the Contentious-Administrative Tribunal resolves the appeal against a judgment that upheld sanctions imposed by the Environmental Administrative Tribunal (TAA) on Constructora Zurquí S.A. and its representative. The case originated from a complaint about the unauthorized diversion of the Virilla River's course during quarry operations, causing severe environmental damage documented in multiple inspections since 1993. The TAA, after a procedure that respected due process, imposed precautionary measures of suspension and, in its final ruling, permanent cancellation of the concession. The appellants alleged retroactive application of laws, lack of evidence, violation of due process, and disproportionate sanctions. The Court dismisses all grievances: the events occurred when protective legislation already existed; damage was amply proven by technical reports; the TAA acted under the Environmental Framework Law and the Mining Code; and the maximum sanction was proportional to the magnitude of the harm. The first-instance judgment is upheld, including the award of costs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "13/07/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0034-345742.json", "html_url": "/legal/doc/nexus-sen-1-0034-345742", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-345742" }, { "id": "nexus-sen-1-0034-350144", "citation": "Res. 00804-2006 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Restitution for land-use change even without criminal liability", "title_es": "Restitución por cambio de uso del suelo aun sin responsable penal", "summary_en": "The Criminal Cassation Court of San José reviews an appeal against an acquittal from the Guanacaste Trial Court, which, while absolving the defendant of all criminal responsibility for illegal logging and land-use change, ordered the affected forest area to be restored to its prior state. The public defender argued the order lacked grounds, that no perpetrator was identified, and that it imposed an illegal restriction on property rights. The Cassation Court dismissed the appeal, holding that restitution under Article 103 of the Penal Code is an accessory consequence of any punishable act, available even without a convicted perpetrator, and that the area was already restricted under the Forestry Law (Articles 19, 20, 33, 34) due to its forest cover, streams, and steep slopes. Furthermore, the court found the public defender lacked standing because the restitution order was directed at the Ministry of Environment (MINAE), not the acquitted defendant personally.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "10/08/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0034-350144.json", "html_url": "/legal/doc/nexus-sen-1-0034-350144", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-350144" }, { "id": "nexus-sen-1-0034-356372", "citation": "Res. 00392-2006 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Enforcement of judgment for environmental damages from illegal logging", "title_es": "Ejecución de sentencia por daños ambientales derivados de tala ilegal de bosque", "summary_en": "This ruling by the Second Section of the Contentious-Administrative Tribunal confirms the enforcement of a judgment ordering an individual to pay the State ¢16,243,155.75 for environmental damage caused by illegally logging one hectare of forest. The criminal court of Guanacaste had convicted the defendant in abstract for violating Article 61 of the Forestry Law. In this enforcement phase, the tribunal upheld an environmental valuation by MINAE that quantified damage to environmental services (forest, carbon, biodiversity, water, scenic beauty) using a methodology from the Tropical Science Center, applied over a 25-year recovery period. The tribunal rejected the defendant's arguments about lack of evidentiary analysis and disproportionality, and emphasized that an abstract conviction does not cap the amount. It ruled that funds received by the State must be used directly for comprehensive environmental repair in the affected area, not absorbed into the general national budget. The decision links to Article 50 of the Constitution and Articles 2.d and 101 of the Environmental Law, mandating full reparation.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "31/08/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0034-356372.json", "html_url": "/legal/doc/nexus-sen-1-0034-356372", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-356372" }, { "id": "nexus-sen-1-0034-356535", "citation": "Res. 00934-2006 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquittal for forest crimes as protected area was not proven", "title_es": "Absolución por delitos forestales al no acreditarse zona protegida", "summary_en": "The Criminal Cassation Court of San José upholds the acquittal of the defendant for the crimes of illegal timber harvesting, land-use change, and invasion of a protected area. In the cassation appeal, the Attorney General's Office argued that the trial court had found proven the damage to a protected area located ten meters from a water body. However, the cassation court determined that the appealed judgment did not find the prosecution's facts proven. A concurring opinion clarifies that the failure to mention the term 'wetland' in the charges is not sufficient reason for acquittal per se; rather, the key point is that the existence of a protected area was not established. According to cited case law (vote 2005-461), wetlands must be created and delimited by executive decree.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "08/09/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0034-356535.json", "html_url": "/legal/doc/nexus-sen-1-0034-356535", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-356535" }, { "id": "nexus-sen-1-0034-356672", "citation": "Res. 00379-2006 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Standing of associations to claim compensation for collective environmental damage", "title_es": "Legitimación de asociaciones para reclamar indemnización por daño ambiental colectivo", "summary_en": "The Administrative Appeals Court, Section III, resolved the enforcement of a Constitutional Court ruling that had granted an amparo for contamination of the Siquiares River. The Constitutional Court had jointly and severally ordered Dos Pinos Cooperative and the State to pay damages. The Court held that the plaintiff associations (ACORACI and ASAMARS) have standing to enforce the judgment and receive compensation, acting on behalf of the affected communities. It applied the 'class actions' concept to recognize collective entitlement to indirect environmental damage. It partially granted the claims, ordering payment of $27,665 for biotic damage and ₡5 million for social costs, to be used exclusively for river restoration projects. It also ordered Dos Pinos to adjust its operations to environmental standards and clean the riverbed annually for three years, and reminded the Ministry of Health of its monitoring duty.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/09/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0034-356672.json", "html_url": "/legal/doc/nexus-sen-1-0034-356672", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-356672" }, { "id": "nexus-sen-1-0034-358157", "citation": "Res. 00560-2006 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Uprooting of trees planted at less than legal setback and application of Forestry Law", "title_es": "Derribo de árboles plantados a distancia inferior a la legal y aplicación de la Ley Forestal", "summary_en": "The First Chamber of the Costa Rican Supreme Court resolves a cassation appeal in a neighbor dispute. The plaintiff sought removal of 37 Australian pines planted by the defendant within the statutory setback of five meters, citing property damage. The defendant argued prescription, lack of standing, and that only pruning of branches and roots (Article 404 of the Civil Code) should apply, not uprooting. She further argued that the Forestry Law required a prior administrative permit. The Chamber rejects all arguments. It holds that the plaintiff’s right does not prescribe because the harm is ongoing and continuously renewed as the trees grow. It interprets Article 403 of the Civil Code as authorizing the complete removal of trees planted too close to the boundary, while Article 404 on pruning is reserved for trees planted in compliance. Regarding the Forestry Law, it finds that the permit requirement applies only to forested land (over two hectares) and not to individually planted trees on a non-forest private property, pursuant to Article 28 of that law.", "primary_topic_id": null, "topic_ids": [], "date": "17/08/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0034-358157.json", "html_url": "/legal/doc/nexus-sen-1-0034-358157", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-358157" }, { "id": "nexus-sen-1-0034-359372", "citation": "Res. 01151-2006 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Invasion of a protected area is a permanent-effects crime — statute of limitations does not run while occupation continues", "title_es": "Invasión a zona protegida es delito de efectos permanentes — prescripción no corre mientras persista la ocupación", "summary_en": "The Criminal Cassation Court overturns a dismissal based on statute of limitations issued by the Trial Court of Pérez Zeledón in a case involving illegal logging and land-use change in a tropical rainforest 75 meters from a spring. The Attorney General's Office had charged three defendants with crimes under Articles 58 (invasion of a protected area) and 61 of the Forestry Law. The trial court held that the charges did not properly describe the invasion offense and dismissed the case for expiration of the statute of limitations. The Cassation Court reverses, finding that the accusatory pleadings did contain the necessary elements for the crime of invasion of a protected area, and that whether the spring is permanent is a matter of evidence to be determined at trial. Furthermore, it reaffirms that this crime has permanent effects, so the statute of limitations only begins to run when the invasion ceases; since the coffee crops remained, the computation had not even started.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "27/10/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0034-359372.json", "html_url": "/legal/doc/nexus-sen-1-0034-359372", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-359372" }, { "id": "nexus-sen-1-0034-363280", "citation": "Res. 01229-2006 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Decennial possession requirements in protected wilderness areas", "title_es": "Requisitos de posesión decenal en áreas silvestres protegidas", "summary_en": "The Agrarian Court confirms the ruling that dismissed the ordinary agrarian lawsuit, in which the plaintiff sought to be declared as having a better right of possession over a property located within the Golfo Dulce Forest Reserve. The ruling analyzes the normative evolution of Article 7 of the Possessory Information Law and concludes that, since the land is within a protected wilderness area created in 1978, the plaintiff had to prove decennial possession exercised at least ten years before that declaration. The evidence shows that the earliest possession dates back to 1982, failing to meet the requirement. It also ratifies that the lands are public domain goods, inalienable and imprescriptible, and that the sale of another's property by a transferor who was no longer the owner is void. The court emphasizes the importance of protecting the State's forest heritage and biodiversity, and orders the first-instance decision to be confirmed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "14/12/2006", "year": "2006", "json_url": "/data/legal/docs/nexus-sen-1-0034-363280.json", "html_url": "/legal/doc/nexus-sen-1-0034-363280", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-363280" }, { "id": "nexus-sen-1-0034-372905", "citation": "Res. 00224-2007 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Civil liability for sedimentation from La Esperanza hydroelectric project", "title_es": "Responsabilidad civil por sedimentación de proyecto hidroeléctrico La Esperanza", "summary_en": "The Agrarian Court of the Second Judicial Circuit of San José overturned the lower court's dismissal of María Isabel Campos Jiménez's claim against Inversiones La Manguera S.A., owner of the La Esperanza hydroelectric project. The Court found a causal link between the project's construction works and damages to the plaintiff's farm: sediment accumulation in excavations intended for tilapia farming, loss of use of the land, and flood risk from a potential dam break. Based on expert, judicial inspection, and testimonial evidence, the defendant was ordered to pay CRC 22,509,462.84 to restore the property to its original state, plus CRC 3,163,050 for loss of use over nine years. It also ordered the diversion of a drainage channel to the La Esperanza River within one month to eliminate risk. The defenses of lack of right and standing were rejected; costs were imposed on the company. Other claims—noise pollution, obstruction of a stream, and replacement of ornamental plants—were denied for lack of sufficient evidence.", "primary_topic_id": null, "topic_ids": [], "date": "14/03/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0034-372905.json", "html_url": "/legal/doc/nexus-sen-1-0034-372905", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-372905" }, { "id": "nexus-sen-1-0034-373407", "citation": "Res. 00274-2007 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Sharecropping cattle contract does not constitute a de facto partnership", "title_es": "Contrato de 'trabajar ganado a medias' no constituye sociedad de hecho", "summary_en": "The Third Chamber of the Supreme Court reviews an appeal against a conviction for misappropriation. The defendant received 83 head of cattle under an oral contract known as 'sharecropping cattle' (trabajar ganado a medias), by which he was to care for and fatten the animals until sale, receiving the weight difference as profit. However, at the time of sale, he kept the cattle instead of returning them to the owner. The defense argued the contract constituted a de facto partnership, making the defendant a co-owner and his actions a mere breach of contract. The Chamber rejects this argument, finding the contract lacked the elements of a de facto partnership: there was no permanence, no common fund, and no affectio societatis; it was a specific transaction, not an ongoing enterprise. The court confirms the defendant had a duty to return the cattle, and by selling them on his own, he committed misappropriation. Nevertheless, the sentence is partially vacated regarding the penalty, as it was based on illegitimate factors such as lack of remorse, and a remand is ordered for resentencing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/03/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0034-373407.json", "html_url": "/legal/doc/nexus-sen-1-0034-373407", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-373407" }, { "id": "nexus-sen-1-0034-374801", "citation": "Res. 00137-2007 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Suspension of Comptroller's report on pesticide registration", "title_es": "Suspensión de informe de Contraloría sobre registro de plaguicidas", "summary_en": "The Administrative Court denies the request to suspend the effects of a Comptroller General's report that ordered the Ministry of Agriculture to stop applying the current pesticide registration regulation and adopt new guidelines based on FAO and WHO standards. The National Chamber of Generic Producers argued the measure paralyzed registrations, causing irreparable economic harm and a monopoly for large corporations. The Court found no evidence of harm difficult to repair for the plaintiffs, while there was a serious risk to public health and the environment, evidenced by reports on excessive agrochemical use, poisonings, and pollution. The lower court's ruling was confirmed, prioritizing the general interest.", "primary_topic_id": null, "topic_ids": [], "date": "30/03/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0034-374801.json", "html_url": "/legal/doc/nexus-sen-1-0034-374801", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-374801" }, { "id": "nexus-sen-1-0034-376072", "citation": "Res. 00557-2007 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Prohibition of reformatio in peius in forestry crimes", "title_es": "Prohibición de reforma en perjuicio en delitos forestales", "summary_en": "The Criminal Cassation Court annuls a conviction for forestry crimes (illegal logging, illegal trail construction, illegal land use change, and destruction of protected-zone plants) due to serious procedural defects that violate constitutional guarantees. The court finds that the trial court imposed harsher criminal and civil penalties than those in a previously annulled judgment, even though the prior appeal only benefited the defendant, thereby violating the principles of non bis in idem and prohibition of reformatio in peius. It also upholds the defense's cassation arguments, including the introduction of illegitimate evidence (co-defendant statements without prior warnings) and lack of reasoning on several aspects of the ruling. A retrial with new judges is ordered, within the bounds set by the first judgment.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "25/05/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0034-376072.json", "html_url": "/legal/doc/nexus-sen-1-0034-376072", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-376072" }, { "id": "nexus-sen-1-0034-387557", "citation": "Res. 00964-2007 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Restoration of protected area despite acquittal", "title_es": "Restitución del área de protección sin condena penal", "summary_en": "The Criminal Cassation Court of San José examines whether, despite acquitting the defendant due to a mistake of law, it is proper to order the demolition of works built in a protected area of the Ángel River. The trial court acquitted the accused but ordered the illegal constructions to be demolished. The defense argued lack of reasoning and misapplication of norms, claiming that without a crime there could be no restitution. The Court rejects the claims: although the defendant was acquitted for ignorance of Costa Rican law, it was proven that the works invaded a protected area in violation of the Forestry Law, constituting a criminal wrong. Restitution of things to their previous state is a civil consequence of the punishable act that may be ordered ex officio, without the need for a civil damages action, pursuant to articles 103 of the Penal Code, 123 of the civil liability rules, and constitutional article 50, which protects the right to a healthy environment. The demolition order for the metal and concrete structures built within five meters of the riverbed is upheld, reaffirming the principle of forest irreducibility and the obligation to repair environmental harm even without a criminal conviction.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "30/08/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0034-387557.json", "html_url": "/legal/doc/nexus-sen-1-0034-387557", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-387557" }, { "id": "nexus-sen-1-0034-390371", "citation": "Res. 00958-2007 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict liability for agrochemical damage to rice crops", "title_es": "Responsabilidad objetiva por daños de agroquímicos en cultivos de arroz", "summary_en": "The Agrarian Court of the Second Judicial Circuit of San José, in ruling No. 958-F-07, addressed an appeal against a judgment that partially granted an ordinary claim for damages brought by three rice farmers against AGROSUPERIOR S.A., a distributor and seller of agrochemicals. The plaintiffs alleged that the application of the herbicide Harness 90 EC, purchased and applied on the defendant's recommendation, burned their rice crops across ninety hectares. The Court upheld the lower court's decision in full, applying the theory of created risk to ground the company's strict civil liability, based on the Phytosanitary Protection Law (No. 7664), the Civil Aviation Law, the Law on Promotion of Competition and Consumer Defense, and case law from the Supreme Court's First Chamber. It dismissed the defendant's arguments seeking to exclude such liability due to a prior contract or the victim's fault, and also rejected the plaintiffs' appeal regarding compensation for the second planting, for lack of valid evidence. The ruling reiterates that whoever profits from a risky activity, such as selling pesticides, must compensate for damages, with the plaintiff only needing to prove damage and causation.", "primary_topic_id": null, "topic_ids": [ "soil-conservation-7779" ], "date": "22/11/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0034-390371.json", "html_url": "/legal/doc/nexus-sen-1-0034-390371", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-390371" }, { "id": "nexus-sen-1-0034-397481", "citation": "Res. 00075-2008 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Extraction of Own Timber After Expiry of Forest Lease", "title_es": "Extracción de madera propia tras vencimiento de contrato de arrendamiento forestal", "summary_en": "The Agrarian Tribunal heard an appeal from a defendant in an ordinary proceeding where the plaintiff reforestation company claimed ownership of timber planted on the defendant's land under a lease agreement. The 13-year lease had expired, but uncut timber remained. The Tribunal rejected the nullity claim alleging procedural inconsistency, as the lease's existence was not disputed. On the merits, it confirmed that the plaintiff owned the plantation per a contractual clause, and that the lease's expiration did not bar granting a reasonable period to remove its property, avoiding unjust enrichment. However, it modified the first-instance deadline, reducing it from six to four months deemed reasonable, without unduly restricting the defendant's property rights since rent would continue.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "30/01/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0034-397481.json", "html_url": "/legal/doc/nexus-sen-1-0034-397481", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-397481" }, { "id": "nexus-sen-1-0034-400032", "citation": "Res. 00132-2008 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of Possessory Information for Insufficient Testimony in a Protected Wilderness Area", "title_es": "Improcedencia de información posesoria por insuficiencia de testigos en área silvestre protegida", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José, through ruling 0132-F-08, reviewed a possessory information proceeding initiated by Sociedad Ganadera Madre Selva S.A. concerning an 87-hectare property located within Los Santos Forest Reserve, created by Decree 5389-A on November 12, 1975. The Tribunal corrected the lower court's erroneous application of a repealed provision but upheld the dismissal of the possessory information. The substantive reason was that the petitioner failed to demonstrate, through the concordant testimony of at least three witnesses, ten years of possession prior to the creation of the protected area, as required by Article 7 of the Possessory Information Law. The testimonies were insufficient and contradictory regarding both the length of possession and the identity of the previous possessor, thus failing to meet the evidentiary standard for land titling within protected wilderness areas.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "26/02/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0034-400032.json", "html_url": "/legal/doc/nexus-sen-1-0034-400032", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-400032" }, { "id": "nexus-sen-1-0034-401920", "citation": "Res. 00244-2008 Tribunal Primero Civil", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Admissibility of the procedural fraud incident during enforcement stage", "title_es": "Procedencia del incidente de fraude procesal en etapa de ejecución", "summary_en": "This ruling by the First Civil Court of San José addresses the admissibility of a procedural fraud incident filed by the defendants in a summary enforcement proceeding. The majority of the court, applying Articles 100 and 483 of the Civil Procedure Code, held that procedural fraud can be declared at any time, including during the enforcement stage, and that the incident is the appropriate procedural mechanism for its processing. Consequently, the order that had dismissed the incident outright was overturned, and the lower court was ordered to process and decide it. The dissenting vote, however, considered that there was a prejudicial relationship due to a pending ordinary proceeding where the validity of the enforcement instrument was being challenged, thus proposing to annul the order and await the resolution of that proceeding before deciding the appeal. The underlying case involves a bill of exchange allegedly used to commit procedural fraud, according to a criminal conviction against the original plaintiff.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/03/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0034-401920.json", "html_url": "/legal/doc/nexus-sen-1-0034-401920", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-401920" }, { "id": "nexus-sen-1-0034-418528", "citation": "Res. 01391-2007 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal on estelionato and simulated fraud regarding land adjudicated by IDA", "title_es": "Recurso de casación por estelionato y fraude de simulación sobre terreno adjudicado por el IDA", "summary_en": "The Third Chamber of the Supreme Court of Justice resolves a cassation appeal filed by the private prosecutor, Asociación de Iglesias D., against the acquittal of L., M., and R. for the crimes of fraud, estelionato, and simulated fraud. The trial court had acquitted the defendants, finding that the proven facts did not fit the criminal charges. The Third Chamber upholds the acquittal after analyzing that the defendants' conduct —conveying possessory rights over a property they did not own— does not meet the elements of estelionato, which requires the agent to have previously granted a right to the victim, a condition absent here since the defendants were merely caretakers of the property. Neither fraud nor simulated fraud is established because there was no deception between the parties, and the simulation concerned property the defendants did not own. The Chamber emphasizes that the loss of the plaintiff's possessory rights stemmed from an administrative act by the Agrarian Development Institute that adjudicated the parcel to R., not from the defendants' behavior. The appeal is dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/11/2007", "year": "2007", "json_url": "/data/legal/docs/nexus-sen-1-0034-418528.json", "html_url": "/legal/doc/nexus-sen-1-0034-418528", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-418528" }, { "id": "nexus-sen-1-0034-425503", "citation": "Res. 00525-2008 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation Denied for Formal Defects in Attorney Fee Incident", "title_es": "Improcedencia de casación por defectos formales en incidente de honorarios", "summary_en": "The First Chamber of the Supreme Court of Justice dismisses the cassation appeal filed by Infarma Ltda. against the ruling that set legal fees in a privileged collection incident brought by its former attorney. The appellant argued errors in evidentiary assessment, violations of documentary evidence rules, the existence of a quota litis contract, incongruence of the judgment, and failure to take a witness statement. The Chamber rejects all grounds for lack of proper appeal technique: the appellant failed to specify the substantive rules violated or clearly articulate the alleged defect. On the merits, it confirms that no quota litis contract existed between the parties, as it lacked legal requirements, and the fee projections did not constitute a binding agreement. The Attorney Fee Decree governs the calculation of fees.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/08/2008", "year": "2008", "json_url": "/data/legal/docs/nexus-sen-1-0034-425503.json", "html_url": "/legal/doc/nexus-sen-1-0034-425503", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-425503" }, { "id": "nexus-sen-1-0034-427299", "citation": "Res. 00175-2009 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Distinction between simple subdivision and urbanization and municipal annulment procedures", "title_es": "Distinción entre fraccionamiento simple y urbanización y vías de anulación municipal", "summary_en": "The Administrative Litigation Tribunal upholds a decision of the Municipal Council of Oreamuno that revoked a precautionary measure suspending the issuance of subdivision approvals and construction permits for a development project. The ruling develops three central issues: (a) urban planning as a component of environmental law with constitutional status, obliging municipalities to exercise police powers to protect both the urban and natural environment; (b) the distinction between “simple subdivisions” in already urbanized areas – which do not require the dedication of land for parks and communal facilities – and subdivisions with urbanization, which impose obligations to dedicate land for roads, green areas, and community amenities, and must be processed as complex projects under the Planning Law; (c) the avenues for annulling an act that has created vested rights at the municipal level: the extraordinary appeal for review filed by third parties, and the ex officio annulment by the Council, which requires an ordinary administrative procedure with due process and a binding opinion from the Attorney General’s Office or the Comptroller General, limited to cases of absolute, evident, and manifest nullity. In the specific case, the Tribunal finds that the revoked precautionary measure lacked the required principal annulment proceeding, making its lifting lawful, without prejudice to the municipality’s ability to adopt new measures within a formal proceeding.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "30/01/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-427299.json", "html_url": "/legal/doc/nexus-sen-1-0034-427299", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-427299" }, { "id": "nexus-sen-1-0034-427792", "citation": "Res. 00019-2009 Tribunal Contencioso Administrativo Sección X", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental liability for owner's omission in primary forest", "title_es": "Responsabilidad ambiental por omisión de propietario en bosque primario", "summary_en": "The Administrative Appeals Court (Sección X) upholds the Environmental Administrative Tribunal (TAA) ruling that fined owners of a primary forest property in Osa for environmental damage caused by a third party. The plaintiffs, owners of 134 hectares of forest, failed to adequately monitor their land, enabling Ronny Monge Castro to illegally fell trees and open trails. Although the owners did not directly carry out the logging, the court holds them liable for omission under Articles 98 and 101 of the Environmental Organic Law, as owning ecologically functional land entails conservation duties. The court rejects the plaintiffs' arguments: prior criminal acquittal does not preclude administrative liability; the existence of a direct perpetrator does not exclude liability for omission; and the reversal of the burden of proof under Article 109 of the same law is constitutional and applicable. The court corrects inconsistencies in the TAA's decision but concludes the sanction was lawful.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "13/02/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-427792.json", "html_url": "/legal/doc/nexus-sen-1-0034-427792", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-427792" }, { "id": "nexus-sen-1-0034-430263", "citation": "Res. 00176-2009 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mayor's Veto Against Annulment of Agreements on Taquiscú Project", "title_es": "Veto del Alcalde de Oreamuno contra anulación de acuerdos sobre proyecto Taquiscú", "summary_en": "The Third Section of the Contentious-Administrative Tribunal rejects the veto filed by the Mayor of Oreamuno against Municipal Council Agreement 1652-2008. That agreement had annulled, by granting an extraordinary review, earlier agreements 333-2006 and 414-2006 which denied a construction permit for the \"Taquiscú\" project and imposed precautionary measures. The Tribunal finds the veto procedurally admissible but dismisses it on the merits, holding that the Council correctly annulled the earlier agreements because they violated the procedural steps required by the Municipal Code, especially the failure to waive committee review. The Tribunal also stresses that annulment of those agreements does not authorize the project; the project still lacks permits, and the Council must promptly review the visas granted and, if necessary, initiate legality or annulment proceedings.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "30/01/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-430263.json", "html_url": "/legal/doc/nexus-sen-1-0034-430263", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-430263" }, { "id": "nexus-sen-1-0034-430282", "citation": "Res. 00177-2009 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mayor's veto against council resolution lifting construction permit suspension in Takiscú subdivision", "title_es": "Veto del alcalde contra acuerdo que levantó suspensión de permiso de construcción en lotificación Takiscú", "summary_en": "The Administrative Court (Section III) rejects the veto filed by the mayor of Oreamuno against a municipal council resolution that lifted the suspension of a construction permit application by Finca Upsilón S.A. in the Takiscú subdivision. The mayor argued that a previous council decision (No. 333-2006) had denied the project's permits and ordered work stoppage, thus preventing the reactivation of the process. The Court found that said prior decision had already been annulled by the Council itself upon granting an extraordinary review motion, a ruling now final, rendering the argument groundless. It emphasizes that the precautionary suspension cannot be maintained indefinitely without a verification procedure. The ruling also includes extensive doctrine on urban planning as an environmental law matter, the distinction between simple subdivision and urbanization, and the mechanisms to annul acts that create rights at the municipal level, including the lesividad process and extraordinary review motion.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "procedural-environmental" ], "date": "30/01/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-430282.json", "html_url": "/legal/doc/nexus-sen-1-0034-430282", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-430282" }, { "id": "nexus-sen-1-0034-431937", "citation": "Res. 00164-2009 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest harvest on State Natural Heritage land requires AFE authorization", "title_es": "Aprovechamiento forestal en terreno del Patrimonio Natural del Estado requiere autorización de la AFE", "summary_en": "The San José Criminal Cassation Court dismisses the appeal against a conviction for two forestry-law violations —harvesting forest resources on State Natural Heritage land and illegal logging—. The defendant argued contradictory evidentiary reasoning, violation of the in dubio pro reo principle, mistake of fact, and retroactive application of a more favorable norm. The Court finds the trial court correctly assessed the evidence, crediting an eyewitness and disbelieving the implausible defense. It rejects the alleged mistake of prohibition: the accused knew MINAE permits were required, felled trees surreptitiously in the early morning, and the plot was registered under IDA as State Natural Heritage land requiring authorization from the State Forest Administration under Art. 11 of the Forestry Law Regulation. The Court upholds the three-month prison sentence commuted to a fine and the confiscation of the timber.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575", "property-and-titling" ], "date": "18/02/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-431937.json", "html_url": "/legal/doc/nexus-sen-1-0034-431937", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-431937" }, { "id": "nexus-sen-1-0034-442553", "citation": "Res. 00088-2009 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ecological possession and titling forests as State Natural Heritage", "title_es": "Posesión ecológica y titulación de bosques como Patrimonio Natural del Estado", "summary_en": "The Agrarian Court heard a possessory information claim brought by a corporation over forested land in Puntarenas. The majority confirmed the approval of titling, applying Article 7 of the Possessory Information Law and the principles of ecological possession and the ecological function of forest property. According to the majority, current possessors may rely on transmitted possession to meet the required ten-year period, provided they prove they conserved the forest resource throughout that time. A chain of possession spanning over thirty years, combining cattle ranching and forest protection, was established, thus fulfilling ecological usucaption. The dissenting judge issued a separate opinion arguing that the land, being predominantly forest, constitutes State Natural Heritage, and no decennial possession prior to the 1961 Land and Colonization Law was demonstrated; hence, the titling should have been denied. The ruling highlights the tension between protecting public forest domain and the jurisprudential evolution toward recognizing possessory rights when long-standing ecological possession is proven.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "24/02/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-442553.json", "html_url": "/legal/doc/nexus-sen-1-0034-442553", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-442553" }, { "id": "nexus-sen-1-0034-448506", "citation": "Res. 01842-2009 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of IDA land titling on forested property declared State Natural Heritage", "title_es": "Nulidad de titulación del IDA sobre terreno con cobertura boscosa declarado Patrimonio Natural del Estado", "summary_en": "The Court annuls the land title granted by the Agrarian Development Institute (IDA) to an individual over a 35‑ha property in La Legua de Aserrí, because it constitutes State Natural Heritage. Despite SINAC certifications and cadastral maps showing forest cover, the IDA proceeded with the titling. The ruling holds that forested land is automatically incorporated into the State Natural Heritage without the need for an express declaration. Additionally, the titling was based on a regulation declared unconstitutional (vote 02063‑07), the executive decree that created the parent property was repealed, and the IDA failed to conduct the mandatory land‑use capability study under Law 7779. The Court orders the annulment of the board agreement, the public deed and the registry entry, and transfers the property to MINAET.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "soil-conservation-7779" ], "date": "31/08/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-448506.json", "html_url": "/legal/doc/nexus-sen-1-0034-448506", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-448506" }, { "id": "nexus-sen-1-0034-448879", "citation": "Res. 00053-2009 Tribunal Contencioso Administrativo Sección IX", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mining concession cancellation for risk to the Colima Superior aquifer", "title_es": "Cancelación de concesión minera por riesgo al acuífero Colima Superior", "summary_en": "The Administrative Appeals Court upholds two resolutions of the Directorate of Geology and Mines: a 2001 precautionary measure that fully suspended mining operations of Productos Pedregal S.A. after a second outcrop of the Colima Superior aquifer was discovered, and the subsequent 2002 cancellation of the concession for non-compliance. The Court extensively develops the constitutional protection of groundwater and applies the precautionary principle, holding that the lack of absolute scientific certainty about the harmlessness of the mining activity to the aquifer fully justified the total suspension and, given the company's disobedience, the cancellation of the concession right. The lawsuit is dismissed in its entirety, deeming the administrative acts lawful and aligned with the fundamental right to a healthy environment.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "30/06/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-448879.json", "html_url": "/legal/doc/nexus-sen-1-0034-448879", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-448879" }, { "id": "nexus-sen-1-0034-451571", "citation": "Res. 00628-2009 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ideological falsehood in IDA titling records does not require effective economic harm", "title_es": "Falsedad ideológica en fichas de titulación del IDA no requiere perjuicio patrimonial efectivo", "summary_en": "The Third Chamber of the Supreme Court of Justice resolved a cassation appeal against a conviction by the Criminal Trial Court of the First Judicial Circuit of the Atlantic Zone, which found an official of the Agrarian Development Institute (IDA) guilty of two counts of ideological falsehood in material concurrence, for inserting false data in land titling technical records. The defense argued there was no economic harm, that the judgment was contradictory, and that the records were not public documents. The Chamber upheld the conviction, ruling that the crime of ideological falsehood does not require effective economic harm, but merely the possibility of harm, which can be of any nature. It held that titling records are public documents prepared by officials vested with public faith, and that the defendant acted with intent by entering false information to favor third parties, bypassing administrative controls and harming public trust and the IDA's objectives of providing land to farming families.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/04/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-451571.json", "html_url": "/legal/doc/nexus-sen-1-0034-451571", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-451571" }, { "id": "nexus-sen-1-0034-452311", "citation": "Res. 00174-2009 Tribunal de Casación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "SINAC's Authority to Receive Possession of Expropriated Property", "title_es": "Competencia del SINAC para recibir la posesión de bienes expropiados", "summary_en": "The Contentious-Administrative and Civil Finance Court of Cassation ruled on an appeal within an expropriation proceeding filed by the State against Arenas de Oro J.S.L. S.A. regarding lands in Las Baulas National Marine Park. The expropriated party claimed the possession-taking proceeding was null, arguing that the National System of Conservation Areas (SINAC) lacked authority to receive the property and that its Executive Director had no representative powers. The Court held that under the Biodiversity Law (Law 7788), SINAC administers protected wilderness areas, including national parks, and that its Executive Director holds legal representation of the System by supplementary application of Article 103 of the General Public Administration Law. It further found that the absence of express documentation in the record regarding the Executive Director's standing did not cause defenselessness and was curable. Consequently, it dismissed the appeal and upheld the lower court's decision validating the possession-taking.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "20/08/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-452311.json", "html_url": "/legal/doc/nexus-sen-1-0034-452311", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-452311" }, { "id": "nexus-sen-1-0034-457718", "citation": "Res. 00253-2009 Tribunal de Casación Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Illegal logging and land-use change — annulment for lack of reasoning", "title_es": "Tala ilegal y cambio de uso del suelo — anulación por falta de fundamentación", "summary_en": "The Cartago Criminal Cassation Court annulled the acquittal issued by the Corredores Trial Court in favor of the defendant, who was accused of illegal logging, land-use change, opening trails, and destruction of vegetation in protected areas. The cassation court found that the appealed judgment lacked adequate reasoning because the trial judge failed to jointly evaluate the testimonial and documentary evidence admitted at trial, nor did she analyze the serious indicia arising from that evidence, in accordance with the rules of sound judgment. Additionally, contradictions were found in the evidence assessment, since credibility was given to the testimonies of the investigative officers and MINAE officials, but their accounts were not assessed in relation to the investigation they conducted. The court remanded the case for a new oral public trial before a different judicial panel, declining to rule on the remaining cassation grounds as unnecessary.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "25/08/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-457718.json", "html_url": "/legal/doc/nexus-sen-1-0034-457718", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-457718" }, { "id": "nexus-sen-1-0034-460091", "citation": "Res. 00038-2010 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of IDA titling over forested property constituting State Natural Heritage", "title_es": "Nulidad de titulación del IDA sobre inmueble boscoso que constituye Patrimonio Natural del Estado", "summary_en": "The Administrative Contentious Court declares the absolute nullity of the titling carried out by the Institute for Agrarian Development (IDA) in favor of an individual over a 12-hectare plot in Tarrazú, after determining it is forest-covered and thus constitutes State Natural Heritage (PNE). The ruling thoroughly examines the PNE as an expression of the right to a healthy environment, its public domain nature (inalienable, imprescriptible, unattachable) and the automatic and immediate affectation of any real property with forest cover. It also nullifies the public deeds, the registry entry and the executive decree that transferred lands to the IDA, based on defects such as the omission of the land use capacity study required by Law 7779, and the retroactive effects of the unconstitutionality annulment of the Titling Regulation in National Reserves. The IDA is ordered to recover the asset, prepare a deed in favor of the State and register the property in its name, and MINAE/SINAC to identify it as PNE.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "11/01/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-460091.json", "html_url": "/legal/doc/nexus-sen-1-0034-460091", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-460091" }, { "id": "nexus-sen-1-0034-460215", "citation": "Res. 01482-2009 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of forest land titling as State Natural Heritage", "title_es": "Anulación de titulación de terrenos boscosos por ser Patrimonio Natural del Estado", "summary_en": "The Contentious Administrative Court upheld the complaint by the Comptroller General against the Institute of Agrarian Development (IDA) and an individual, annulling the titling of a 35-hectare farm in Aserrí. The court found that the property has significant forest cover and natural regeneration areas, thus constituting State Natural Heritage under Articles 13 and 14 of Forestry Law 7575, making it inalienable and imprescriptible. The titling was based on a regulation declared unconstitutional by the Constitutional Chamber and lacked the soil use capacity study required by Article 27 of Law 7779 and its Regulation. The court ordered the annulment of the IDA’s agreement, the public deed, and the registry entry; declared the farm State Natural Heritage to be administered by MINAET; ordered the eviction of the occupant; and directed the State to prepare a new transfer deed. The IDA was ordered to pay abstract damages and costs; the individual was exonerated due to lack of bad faith.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling", "soil-conservation-7779" ], "date": "31/08/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-460215.json", "html_url": "/legal/doc/nexus-sen-1-0034-460215", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-460215" }, { "id": "nexus-sen-1-0034-461289", "citation": "Res. 00050-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information over secondary forest may be approved", "title_es": "Información posesoria sobre bosque secundario es aprobable", "summary_en": "The Agrarian Court upholds the approval of possessory information proceedings over lands with secondary forest and pasture in Golfito, Puntarenas. The Attorney General's Office appealed, arguing the properties are state-owned forest under the Forestry Law. The Court holds by majority that secondary forest, regenerated by the possessors from pastures, should not be considered public domain land. Applying the criterion that only decennial possession predating the 1969 Forestry Law allows usucapio of forest lands would disincentivize forest regeneration. Silvicultural activities and secondary forest regeneration are positively valued for carbon capture and climate change mitigation. Public, peaceful, continuous, and good faith possession for over thirty years is credited, and the lands are not within protected areas or aquifer recharge zones. The ruling adds protective measures for water sources and streams under the Forestry and Water Laws, and establishes public road rights-of-way.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "28/01/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-461289.json", "html_url": "/legal/doc/nexus-sen-1-0034-461289", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-461289" }, { "id": "nexus-sen-1-0034-461385", "citation": "Res. 01523-2009 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation on falsification of forest management report and civil environmental liability", "title_es": "Casación sobre falsedad en informe de regencia forestal y responsabilidad civil ambiental", "summary_en": "The Third Chamber of the Costa Rican Supreme Court, in resolution 01523-2009, resolves multiple cassation appeals against a judgment convicting a forest regent for ideological falsehood and use of false documents, while acquitting another defendant due to statute of limitations. The Chamber examines whether documentary and testimonial evidence proves the regent inserted false data in management reports by claiming the logged trees were in pasture rather than forest. It upholds the conviction, validating the MINAE inspection and qualitative expert evidence on forest cover. Arguments of due process violation from the Attorney General's intervention are dismissed, as the law grants standing to defend the environment. The Chamber confirms the criminal conviction and abstract civil damages, emphasizing civil liability is independent of criminal liability. However, it grants the acquitted defendant's appeal regarding an unsupported order to restore the forest, remanding only that portion for proper justification.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "11/11/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-461385.json", "html_url": "/legal/doc/nexus-sen-1-0034-461385", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-461385" }, { "id": "nexus-sen-1-0034-461476", "citation": "Res. 01261-2009 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary Principle in Bovine Tuberculosis Outbreak", "title_es": "Principio precautorio ante brote de tuberculosis bovina", "summary_en": "The First Chamber of the Supreme Court examines whether the Administration acted lawfully by ordering quarantine and culling of cattle during a bovine tuberculosis outbreak despite scientific uncertainty about the tuberculin's quality. The Chamber holds that given reasonable doubt arising from three independent positive detections and the risk to public and animal health, the precautionary principle justified the administrative action. It upholds compensation at 50% of the culled animals' value under the Bovine Tuberculosis Law, rejecting additional damages for lack of evidence.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "biodiversity-law-7788" ], "date": "10/12/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-461476.json", "html_url": "/legal/doc/nexus-sen-1-0034-461476", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-461476" }, { "id": "nexus-sen-1-0034-461854", "citation": "Res. 00011-2010 Tribunal Contencioso Administrativo Sección IX", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of claim to annul a first administrative act not declared lesivo", "title_es": "Improcedencia de declarar lesivo un primer acuerdo no impugnado administrativamente", "summary_en": "The Agrarian Development Institute (IDA) sought the annulment of several of its own board resolutions that had allocated and transferred lots from rural settlements to the Association for the Protection of the Environment of IDA (APROAMBIDA), arguing they were injurious to public interests. The trial court dismissed the claim concerning the first resolution (resolution 24, session 11-95 of March 20, 1995) because IDA had not declared it lesivo (injurious) at the administrative level, a mandatory prerequisite under article 35.1 of the Law Regulating the Contentious-Administrative Jurisdiction. IDA appealed, contending that it had declared lesivo the second resolution (resolution 8, session 038-95 of July 19, 1995), which modified and superseded the first, and that mentioning the first resolution in the complaint was a mistake. The Contentious-Administrative Court upheld the dismissal, since IDA never declared the first resolution lesivo and the lawsuit expressly targeted that resolution, not the second. The court emphasized that without such prior administrative declaration, a self-annulment action cannot proceed, in order to protect legal certainty and acquired rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/02/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-461854.json", "html_url": "/legal/doc/nexus-sen-1-0034-461854", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-461854" }, { "id": "nexus-sen-1-0034-465423", "citation": "Res. 01394-2009 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation appeal on concurrence of norms in illegal fishing in a protected zone", "title_es": "Casación sobre concurso de normas en pesca ilegal en zona protectora", "summary_en": "The Criminal Cassation Court partially annuls a conviction for illegal fishing in the Tivives Protected Zone. The lower court had classified the facts as violations of both the Fishing and Aquaculture Law and the Wildlife Conservation Law, but failed to adequately justify whether there was an ideal, material, or apparent concurrence of norms, or to analyze whether the conduct actually fit the cited criminal provisions. The Court found that the trial judge did not determine whether the protected zone in question was equivalent to a national park, natural monument, or biological reserve, as required by the cross-reference in Article 153 to the first paragraph of Article 9 of the Fishing Law, nor did she address the distinction between prohibition and restriction of fishing activities in protected areas. It was also not verified whether the conduct constituted a crime or merely an administrative infraction. The case is remanded for a new judge to legally classify the facts and determine the corresponding penalty.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "wildlife-law-7317", "criminal-environmental" ], "date": "17/12/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-465423.json", "html_url": "/legal/doc/nexus-sen-1-0034-465423", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-465423" }, { "id": "nexus-sen-1-0034-466242", "citation": "Res. 00216-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Private ownership of secondary forest is not public domain", "title_es": "Propiedad privada sobre bosque secundario no es demanial", "summary_en": "The Agrarian Tribunal upholds the approval of an información posesoria (possessory information proceeding) over a plot partially covered by secondary forest. The Attorney General's Office had appealed, arguing the land was mountainous and thus public domain, not subject to private ownership. The Tribunal rejects this: although the land may have once been deforested, it now hosts secondary forest, evidencing natural regeneration and a conservation-minded possessor. Denying titling because of secondary forest, the Tribunal finds, would be counterproductive, discouraging reforestation on private lands. The ruling already incorporates the water source protections under Articles 33 and 34 of the Forestry Law. The lower court's decision is upheld in full.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "11/03/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-466242.json", "html_url": "/legal/doc/nexus-sen-1-0034-466242", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-466242" }, { "id": "nexus-sen-1-0034-466864", "citation": "Res. 00716-2010 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Rejection of green and communal area reception in urbanization must ensure urban-environmental compliance", "title_es": "Rechazo de recepción de áreas verdes y comunales en urbanización debe velar por cumplimiento de normativa urbano-ambiental", "summary_en": "The Tribunal Contencioso Administrativo upheld the Mora Municipal Council's decision that partially rejected the reception of green areas, parks, and communal facilities in the La Cabriola residential project. The ruling stems from the fact that several lots were crossed by an intermittent stream, breaching Article II.3 of the National Subdivisions and Urbanizations Control Regulations, which mandates that such areas be transferred 'without restrictions.' The Tribunal affirms that environmental law — particularly Forest Law Article 33, which establishes riparian protection zones — is binding and of public order, and therefore cannot be set aside or negotiated. It clarifies that the municipal approval of cadastral survey plans (\"visado de planos\") is not a declaration of urbanization rights but a step solely enabling lot segregation, thus no vested rights or lesividad claim arose. The decision reinforces the municipal police power to enforce urban and environmental rules at each project stage and underscores that green and communal areas are inalienable, imprescriptible public-domain assets.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "forestry-law-7575", "procedural-environmental" ], "date": "25/02/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-466864.json", "html_url": "/legal/doc/nexus-sen-1-0034-466864", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-466864" }, { "id": "nexus-sen-1-0034-467196", "citation": "Res. 00240-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of properties outside protected areas containing forest through possessory information", "title_es": "Titulación de inmuebles fuera de zonas protegidas con bosque mediante información posesoria", "summary_en": "The Agrarian Court, by majority, confirmed the lower court's ruling approving the possessory information proceeding over a 135-hectare property in Guanacaste, located outside protected wildlands, containing pasture, scrubland, and forest. The majority found that the requirements of Article 7 of the Possessory Information Law were met: ten-year possession was proven, the forest resource was protected, and the land was properly delimited. It held that Article 7 allows titling of properties outside protected areas that contain forest, a view supported by the Constitutional Chamber. The dissenting vote argued that the forested area (approximately 45 ha) forms part of the State's Natural Heritage because it has been public domain since the 1969 Forest Law, and that the special forest regime (Articles 13 and 14 of Law 7575) prevails over the general provisions of the Possessory Information Law; therefore, the titling should have been denied.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "16/03/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-467196.json", "html_url": "/legal/doc/nexus-sen-1-0034-467196", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-467196" }, { "id": "nexus-sen-1-0034-472739", "citation": "Res. 00370-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Decennial possession in forested area outside protected area allows titling", "title_es": "Posesión decenal en zona boscosa fuera de ASP permite titular", "summary_en": "The Agrarian Court upholds the approval of a possessory information proceeding over a 35-hectare property in Purruja de Golfito, Puntarenas, despite most of it being secondary forest. The Attorney General's Office appealed, arguing that the forest forms part of the State's forest heritage and is therefore ineligible for adverse possession (usucapión). The Court rejects this challenge: the property is not located within a protected wild area, and the petitioner proved more than ten years of possession, both his own and that of his predecessors, in accordance with the Possessory Information Law. He also demonstrated conservation of the forest resource, as required by Article 7 of that law. The Court orders the Public Registry to register the land in the petitioner's name, but imposes restrictions for the protection of watercourses and buffer zones under Article 33 of Forestry Law 7575, the Water Law, and the Land and Colonization Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "22/04/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-472739.json", "html_url": "/legal/doc/nexus-sen-1-0034-472739", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-472739" }, { "id": "nexus-sen-1-0034-473038", "citation": "Res. 00257-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory Titling of Property with Forest Cover Outside Protected Areas", "title_es": "Titulación posesoria de inmueble con cobertura boscosa fuera de áreas protegidas", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding for a property of approximately 26.5 hectares in Guaycará de Golfito, Puntarenas. The State Attorney General appealed, claiming the land contained forest and that, under Forestry Law 7575, it should be considered public domain. The tribunal rejects the appeal after reviewing the evidence: the land is mainly abandoned pastures and scrubland in an early stage of natural regeneration fostered by the applicants, not a mature forest. It applies Article 7 of the Possessory Information Law, which allows titling of properties outside protected areas even if they contain forest, as long as decennial possession, forest protection, and boundaries are proven. It notes that the Constitutional Chamber has repeatedly rejected challenges to this article. The ruling imposes restrictions: any activity affecting riparian forest conservation requires MINAE authorization, and tree cutting is prohibited in the stream protection area (Forestry Law Art. 33(b)).", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "19/03/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-473038.json", "html_url": "/legal/doc/nexus-sen-1-0034-473038", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-473038" }, { "id": "nexus-sen-1-0034-473219", "citation": "Res. 00375-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of discovery and determination of damages in agrarian sentence enforcement", "title_es": "Rechazo de prueba para mejor proveer y fijación de perjuicios en ejecución de sentencia agraria", "summary_en": "The Agrarian Tribunal partially upheld the plaintiff's appeal in a sentence enforcement proceeding stemming from a forest logging dispute. It confirmed the lower court's award for damages (value of logged timber) and costs, but reversed the denial of lost profits, awarding 4,611,000 colones for the environmental services payments (PSA) the plaintiff company failed to receive over ten years. In setting this amount, the Tribunal directly applied the parameters of Executive Decree No. 26141-H-MINAE, noting that public regulations are binding knowledge. It also denied the request for additional discovery, finding it unnecessary and reiterating that the burden of proof in enforcement lies with the enforcing party.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "23/04/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-473219.json", "html_url": "/legal/doc/nexus-sen-1-0034-473219", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-473219" }, { "id": "nexus-sen-1-0034-473785", "citation": "Res. 00503-2009 Tribunal de Casación Penal de San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of conviction for use of fallen timber without proof of benefit", "title_es": "Anulación de condena por aprovechamiento de madera caída sin acreditar provecho", "summary_en": "The Criminal Cassation Court of San Ramón annulled a conviction for breach of the Forestry Law, holding that the trial court failed to properly substantiate the element of timber harvesting. The original judgment had convicted two individuals for processing a fallen bitter cedar log at the request of the landowner, who intended to use it for home repairs. The trial court applied Article 3 of Forestry Law 7575, which defines harvesting as the use of fallen trees, but omitted to analyze whether the conduct generated or could generate a benefit for the defendants or the person they represented. The cassation court noted that the effective or potential benefit, the relationship between the defendants and the beneficiary, and the defendants' awareness of the illegality were not established. Due to this lack of reasoning, a new trial was ordered.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "10/12/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-473785.json", "html_url": "/legal/doc/nexus-sen-1-0034-473785", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-473785" }, { "id": "nexus-sen-1-0034-477185", "citation": "Res. 01573-2010 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Veto of municipal fuel-storage license lacking SETENA environmental approval", "title_es": "Veto a licencia municipal de almacenamiento de combustible sin viabilidad ambiental de SETENA", "summary_en": "The Contentious-Administrative Court, Section III, upholds the veto by the Mayor of Escazú against municipal council resolutions that ordered a construction license to be issued to Tractores Escazú S.A. for two diesel storage tanks without prior environmental feasibility clearance (viabilidad ambiental) from SETENA. SETENA had refused to issue the clearance, arguing that environmental impact assessment is preventive and the activity had already begun in 2003. The Court holds that lack of absolute scientific certainty about the harmlessness of a hazardous activity such as fuel storage requires application of the precautionary principle. Local governments cannot waive technical environmental requirements, and the burden is on the company to prove its activity will not harm the environment. Without that study, granting the license violates the legality block, and the veto is proper.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "art-50-constitution", "environmental-law-7554" ], "date": "29/03/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-477185.json", "html_url": "/legal/doc/nexus-sen-1-0034-477185", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-477185" }, { "id": "nexus-sen-1-0034-478388", "citation": "Res. 02166-2010 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of property in national reserve constitutes State Natural Heritage", "title_es": "Titulación de inmueble en reserva nacional constituye Patrimonio Natural del Estado", "summary_en": "The Court annuls the IDA's agreement that titled a 59-hectare forested property in Tarrazú, San José, and the subsequent deeds, because it constitutes State Natural Heritage (SNH) and public domain land. The Constitutional Chamber had previously struck down the Regulation for Titling in National Reserves, on which the title was based. The Court finds that the land has always been forested and, under articles 13, 14, and 15 of the Forestry Law, its incorporation into the SNH is automatic and immediate, without need for declaration. Furthermore, the IDA failed to conduct the land-use capacity study required by article 27 of Law 7779. The Court orders the State to recover the property, register it in the State's name, and condemns the IDA to abstract damages. The ruling reaffirms the State's duty to protect the SNH as an expression of the right to a healthy and ecologically balanced environment.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "07/06/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-478388.json", "html_url": "/legal/doc/nexus-sen-1-0034-478388", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-478388" }, { "id": "nexus-sen-1-0034-479370", "citation": "Res. 00510-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Secondary Forest and Brushland Are Not Public Domain", "title_es": "Bosque secundario y tacotal no son bienes demaniales", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding over a 12 ha property in Golfito consisting of secondary forest, brushland, and a teak plantation. The Attorney General appealed arguing the land is forest and thus public domain under Forestry Law 7575. The Tribunal rejects this argument based on a soils study and technical definitions: the land is secondary succession vegetation, regenerated by the possessor, and not primary forest, so public domain status does not apply. It holds that denying title in such cases would discourage forest regeneration and carbon capture, consistent with environmental protection.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "26/05/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-479370.json", "html_url": "/legal/doc/nexus-sen-1-0034-479370", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-479370" }, { "id": "nexus-sen-1-0034-479587", "citation": "Res. 00480-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possession in a protected zone must align with environmental purposes", "title_es": "Posesión en zona protectora debe alinearse con fines ambientales", "summary_en": "The Agrarian Court upholds the denial of a possessory information claim for a property located within the Río Toro Protected Zone. The claimant sought to register a 7,034.91 m² lot based on acts of clearing, fencing, and maintaining green area. Applying Article 7 of the Possessory Information Law, the court requires possession in protected wild areas to align with the environmental function of ecosystem conservation. It finds that maintaining pasture and scrub does not fulfill the duty to promote forest cover and protect natural resources inherent to a protected zone, whose purpose under the Environmental Organic Law is soil and water conservation. Mere soil conservation, proven by a soil study, is insufficient to establish ecological possession. The court stresses that possessory acts in such areas must go beyond those required for other land uses, demanding concrete actions of environmental restoration and protection.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "25/05/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-479587.json", "html_url": "/legal/doc/nexus-sen-1-0034-479587", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-479587" }, { "id": "nexus-sen-1-0034-485372", "citation": "Res. 00623-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ecological possession in protected areas: prior forest conservation requirement", "title_es": "Posesión ecológica en áreas protegidas: requisito de conservación forestal previa", "summary_en": "The Agrarian Court upholds the approval of a possessory information proceeding over a 58-hectare property located within the Golfo Dulce Forest Reserve. The Attorney General’s Office had appealed, arguing that the land showed high erosion (71%) and that the applicant had not proven protection of the forest resource, as required by Article 7 of the Possessory Information Law. The Court rejects the appeal. It analyzes possessory information as a non-contentious procedure to formalize rights acquired by adverse possession (usucapion), subject to heightened requirements when the property lies in a protected area: decennial possession prior to the area’s designation and forest conservation. It distinguishes “ecological” or “forest” possession from agricultural or civil possession: it must be aimed at conserving forest resources, not exploiting them. Based on witness testimony, judicial inspection, and an INTA soil study, the Court finds that the possessor entered in 1967 (before the reserve’s creation in 1978) and that, despite pre-existing erosion, the property is currently undergoing natural forest regeneration, thus meeting the legal requirements. It confirms the approval, conditioning the titleholder on complying with INTA’s technical recommendations and submitting to the environmental services payment regime.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "29/06/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-485372.json", "html_url": "/legal/doc/nexus-sen-1-0034-485372", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-485372" }, { "id": "nexus-sen-1-0034-486405", "citation": "Res. 00760-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information over land with scrub and fallow — not state-owned forest", "title_es": "Información posesoria sobre terreno con tacotal y charral — no constituye bosque demanial", "summary_en": "The Agrarian Court confirms the approval of possessory information proceedings over a 91.9-hectare property in Guatuso, Cartago, brought by Hacienda Los Jaules S.A. The State Attorney General's Office appealed on the grounds that the land contained forest and therefore formed part of the State's Natural Heritage, making it ineligible for acquisitive prescription. The Court rejects this argument: the soil study and witness testimony show that the vegetation is predominantly scrubland (tacotal), fallow (charral), and pasture, without forest cover under the technical definitions of Forestry Law No. 7575. The mere mention of 'mountains' in the judicial inspection record is not a sufficient technical criterion to classify the land as forest. Moreover, a peaceful, uninterrupted decade-long possession since the 1950s was proven, along with a conservationist attitude toward the two existing springs. The Court adds a declaration of a 100-meter protection zone around the springs, prohibiting tree felling, and reaffirms public ownership of the watercourses.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling", "water-law" ], "date": "12/08/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-486405.json", "html_url": "/legal/doc/nexus-sen-1-0034-486405", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-486405" }, { "id": "nexus-sen-1-0034-487547", "citation": "Res. 01046-2010 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Demolition of constructions in a protected zone without a civil claim", "title_es": "Demolición de construcciones en zona de protección sin demanda civil", "summary_en": "The Criminal Cassation Court upholds the demolition order of a stable and certain construction rods located in the protected zone of Cerros de Escazú, on a property in San Antonio de Alajuelita, even though the defendant was acquitted on criminal charges due to doubt and no civil damages action was filed against both co-owners. The court holds that the demolition is a direct consequence of the crime of invading a protected zone, under Articles 140, 366, and 367 of the Criminal Procedure Code, and requires no civil claim. The ruling reaffirms that environmental protection takes precedence and that service by publication to the untraceable co-owner safeguards due process, especially since he was the defendant's spouse. The cassation appeal is dismissed, maintaining the demolition obligation on the defendant as co-owner.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "08/09/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-487547.json", "html_url": "/legal/doc/nexus-sen-1-0034-487547", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-487547" }, { "id": "nexus-sen-1-0034-489056", "citation": "Res. 00837-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory Information on Forested Land Outside Protected Area", "title_es": "Información posesoria sobre terreno boscoso fuera de área protegida", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José confirms the lower court ruling approving possessory information proceedings for a 13-hectare property in Tarrazú, San José, entirely covered by forest. The Attorney General's Office appealed, arguing that forested land is part of the State's Natural Heritage and cannot be acquired by adverse possession. The Tribunal rejects the argument because the property is outside any protected wild area, as certified by SINAC. It applies Article 7 of the Possessory Information Law, which allows titling of forested land outside protected areas if the applicant proves ten-year possession and resource protection. Witness testimony and a technical study showed over 24 years of peaceful possession and conservation efforts. The Tribunal does uphold the appeal regarding the omission of waterway protection zones: it orders the addition of Forest Law (Article 33(a)) restrictions along the banks of the Arroyo and Blanco streams, prohibiting vegetation removal and declaring the watercourses as public domain.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "31/08/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-489056.json", "html_url": "/legal/doc/nexus-sen-1-0034-489056", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-489056" }, { "id": "nexus-sen-1-0034-490498", "citation": "Res. 00318-2010 Tribunal de Casación Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Invasion of protected area and delimitation of Corcovado National Park", "title_es": "Invasión de área protegida y delimitación del Parque Nacional Corcovado", "summary_en": "The Criminal Cassation Court of Cartago confirms a two-year-and-six-month prison sentence for invasion of a protected area in Corcovado National Park under Article 58(a) of the Forestry Law. The defendant was caught clearing, planting, and building a rustic dwelling inside the park. The defence argued confusion in river names in the executive decree expanding the park, claiming the land was outside its boundaries. The Court held that despite the naming error, the decree's geographic coordinates placed the acts within the protected area. It rejected the claim of inadequate reasoning and upheld application of the special offence of invasion of a protected area over the generic offence of usurpation of public domain property. The Court also acquitted the defendant of illegal land-use change and illegal logging, considering those acts subsumed under the protected area invasion.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "30/09/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-490498.json", "html_url": "/legal/doc/nexus-sen-1-0034-490498", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-490498" }, { "id": "nexus-sen-1-0034-491054", "citation": "Res. 00909-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Admissibility of possessory information over forested land", "title_es": "Procedencia de información posesoria sobre terrenos con bosque", "summary_en": "The Agrarian Court confirms the approval of a possessory information proceeding over land with forest cover, rejecting the appeal by the Attorney General's Office. The State argued that forests are part of the State's natural patrimony and inalienable, and that original ten-year possession was not proven. The Court interprets that the amendment to Article 7 of the Possessory Information Law (introduced by Law 7174) allows titling of forested land outside protected wild areas if ten years of qualified possession are proven: public, peaceful, continuous, with protection of the forest resource and physical demarcation. Forestry Law 7575 did not repeal this, as its Article 13 defines natural patrimony only for national reserves and other specific cases. Here, proof showed agrarian possession with coffee crops and protection of the Grande River banks, fencing, and reforestation, meeting the legal standard. The argument of insufficient decennial possession is also rejected, since the applicant added his seller father's time, as permitted.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "23/09/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-491054.json", "html_url": "/legal/doc/nexus-sen-1-0034-491054", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-491054" }, { "id": "nexus-sen-1-0034-491541", "citation": "Res. 00952-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ruling on titling of tree plantation and sustainable development", "title_es": "Sentencia sobre titulación de plantación forestal y desarrollo sostenible", "summary_en": "This ruling by the Agrarian Tribunal of the Second Judicial Circuit of San José upholds the approval of possessory information proceedings for a property that the Attorney General's Office claimed contained forest and was therefore subject to State Natural Heritage restrictions dating back to 1969. The Court determines that the tree coverage on the land (2,136.64 m², 21% of the total area) does not meet the technical definition of forest under Article 3(d) of Forestry Law 7575 (minimum two hectares, among other criteria), but is rather a plantation of timber trees (laurel, cedar) with a distinct legal regime. It applies the constitutional principle of sustainable development (Article 50 of the Constitution) and the silvicultural promotion goals of Law 7575, holding that lands with forest plantations on private property are not public domain and only require ten years of possession to be titled under Article 7 of the Possessory Information Law. The decision stresses that the applicant was improving forest cover and the environment, and that titling such areas supports rural development.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "12/10/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-491541.json", "html_url": "/legal/doc/nexus-sen-1-0034-491541", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-491541" }, { "id": "nexus-sen-1-0034-491747", "citation": "Res. 00081-2010 Tribunal Contencioso Administrativo Sección VIII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mining concession: denial of forest removal not liable for lost profits", "title_es": "Concesión minera: denegatoria de remoción boscosa no genera responsabilidad por lucro cesante", "summary_en": "The Administrative Litigation Tribunal, Section VIII, dismissed the claim of Servicios de Maquinaria Mora de Fraijanes S.A. against the State for damages arising from SINAC's refusal to authorize forest cover removal within a mining concession. The court held that the denial was a lawful, normal act grounded in Article 19 of the Forestry Law, which prohibits land-use change in forested areas. Although MINAE agencies poorly coordinated during the EIA approval, that omission was not challenged in the suit. The plaintiff sought only lost profits, which are not compensable for lawful conduct under Article 194 of the General Public Administration Act. Moreover, the alleged damages were based on uncertain future expectations rather than a certain, effective harm. The trial court's ruling against the State was reversed, the lack‑of‑right defense upheld, and the complaint dismissed entirely without costs. One judge partially dissented, arguing the concessionaire should not have needed explicit warning of post‑concession requirements.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "30/09/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-491747.json", "html_url": "/legal/doc/nexus-sen-1-0034-491747", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-491747" }, { "id": "nexus-sen-1-0034-491920", "citation": "Res. 00928-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of land covered with fallow and shrubland", "title_es": "Titulación de terreno con cobertura de tacotal y charral", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding for a property in Guanacaste, rejecting the Attorney General's objections that the land contained forest and thus belonged to the State's Natural Heritage, making it ineligible for adverse possession. After evaluating the judicial inspection, the soil study by INTA, and witness testimony, the Tribunal finds the vegetation consists of fallow land and shrubland, not forest under the technical definition of Forestry Law 7575. The applicant demonstrated qualified, conservationist, ten-year possession, and the property lies outside protected wild areas. Registration is ordered subject to legal reservations on public roads, watercourse protection, public ownership of waters, and the prohibition on cutting trees in protection zones, confirming the lower court's ruling.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "30/09/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-491920.json", "html_url": "/legal/doc/nexus-sen-1-0034-491920", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-491920" }, { "id": "nexus-sen-1-0034-491956", "citation": "Res. 01019-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Decennial possession of land with scrubland does not bar its titling", "title_es": "Posesión decenal de terreno con tacotal no impide su titulación", "summary_en": "The Attorney General's Office appealed the approval of a possessory information proceeding over a 47-hectare property in Puntarenas, arguing that the presence of “montaña” made it State-owned forest land. The Agrarian Court upheld the lower court’s ruling granting title. It distinguished between the colloquial term “montaña” and the technical definition of forest under Forestry Law No. 7575 and the National Forest Certification Commission standards. Based on the INTA soil study, the judicial inspection, and witness testimony, it found the property contained improved pastures (85%) and tacotal/scrubland (15%) under natural regeneration, failing to meet the size, density, and canopy requirements of a protected forest. The Court reasoned that punishing such regeneration would discourage beneficial carbon-capture practices. It also confirmed the exercise of uninterrupted, public, and peaceful decennial possession by the applicant and his predecessors, in compliance with Article 7 of the Possessory Information Law, and that the land lay outside protected wild areas. Once the applicant proved lawful possession and the absence of a technically defined forest, registration was warranted.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "28/10/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-491956.json", "html_url": "/legal/doc/nexus-sen-1-0034-491956", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-491956" }, { "id": "nexus-sen-1-0034-491966", "citation": "Res. 01040-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of property with secondary forest in possessory information proceedings", "title_es": "Titulación de inmueble con bosque secundario en información posesoria", "summary_en": "The Agrarian Court of the Second Judicial Circuit of San José upheld the approval of possessory information proceedings regarding a property with secondary forest in Nicoya, Guanacaste. The Attorney General's Office appealed, arguing that forested lands belong to the State Natural Heritage and cannot be acquired by adverse possession. The Court rejected the appeal, noting that the property is not within a protected wilderness area and that the Possessory Information Law allows titling of properties with forest outside such areas if the petitioner proves ten-year possession and conservation acts. The ruling conceptually distinguishes between primary forest, secondary forest, and scrubland, concluding that the existence of regenerated secondary forest does not turn the land into public domain property, provided that proper land use and protection of the natural resource are demonstrated. Moreover, the Court found that the witnesses consistently proved an uninterrupted possessory chain for over ten years, meeting the legal requirements for registration in the Public Registry.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "29/10/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-491966.json", "html_url": "/legal/doc/nexus-sen-1-0034-491966", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-491966" }, { "id": "nexus-sen-1-0034-492005", "citation": "Res. 03609-2010 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Invalidity of title grant for forested property deemed State Natural Heritage", "title_es": "Invalidez de titulación de inmueble boscoso que constituye Patrimonio Natural del Estado", "summary_en": "The Sixth Section of the Contentious-Administrative Tribunal, in an inter-administrative preferential proceeding, upheld the claim filed by the Comptroller General of the Republic (CGR) against the Institute of Agrarian Development (IDA) and a private individual. The CGR sought the annulment of the title granted by the IDA over a property of approximately 52 hectares located in Turrubares, San José, which, according to technical evidence, had more than 60% forest coverage and soils with forestry aptitude (classes VII and VIII). The court determined that the property constitutes State Natural Heritage (PNE), a public domain asset that is inalienable, imprescriptible and unseizable, and therefore could not be titled in favor of private parties. The IDA Board of Directors' agreement, the transfer deeds, the registry entries, and the environmental services payment contract with FONAFIFO were all declared void. The court ordered the recovery of the property by the State (MINAET) and its registration under the State's name. The IDA was ordered to pay damages in abstract for its abnormal functioning; the defenses of expiry, prescription, and lack of standing were dismissed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "23/09/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-492005.json", "html_url": "/legal/doc/nexus-sen-1-0034-492005", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-492005" }, { "id": "nexus-sen-1-0034-492078", "citation": "Res. 00954-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of land with secondary forest and natural regeneration", "title_es": "Titulación de terreno con bosque secundario y regeneración natural", "summary_en": "The Agrarian Tribunal upheld the approval of a possessory information proceeding over a property containing secondary forest and natural regeneration. The Attorney General's Office argued that the land was forest and therefore public domain, not subject to titling. The Tribunal, after analyzing the legal definitions of forest, brushland (tacotal), and secondary forest under Forestry Law 7575, its regulations, and Decree 27998-MINAE, concluded that the described vegetation (old abandoned coffee plantation overgrown with brush and scattered trees) did not meet the requirements to be considered forest in a legal sense; instead, it was a tacotal or low‑density secondary forest resulting from natural regeneration. It rejected the argument that denying titling due to natural regeneration would be a contradiction that discourages conservation. It also found that, having proven more than thirty years of personal possession, the applicant was not required to present the transfer title.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "14/10/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-492078.json", "html_url": "/legal/doc/nexus-sen-1-0034-492078", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-492078" }, { "id": "nexus-sen-1-0034-492677", "citation": "Res. 01069-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of Land with Secondary Forest Allowed Under Possessory Information Law", "title_es": "Titulación de terreno con bosque secundario procede bajo Ley de Informaciones Posesorias", "summary_en": "The Agrarian Tribunal reviewed an appeal by the Attorney General's Office against a lower court ruling that approved a possessory information claim over a plot of agricultural and forest land in San Carlos. The State argued that forested areas are part of the National Natural Heritage and therefore inalienable public domain. The Tribunal affirmed the lower court, applying Article 7 of the Possessory Information Law, as amended by Forestry Law 7575, which allows titling of forested land outside protected areas if the petitioner proves decennial possession and protection of the natural resource, with proper boundaries and fencing. Since the plot measured 0.45 hectares, it did not meet the legal definition of forest, and witnesses confirmed possession and conservation since 1996, the requirements were met. Additionally, the ruling clarified that the area adjacent to the river (floodplain) is subject to legal protection zones, including those under the Mining Code and Water Law. The decision reaffirms that private forested land may be titled under possessory legislation if all legal conditions are strictly met.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "11/11/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-492677.json", "html_url": "/legal/doc/nexus-sen-1-0034-492677", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-492677" }, { "id": "nexus-sen-1-0034-492679", "citation": "Res. 01070-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land through possessory information proceedings", "title_es": "Titulación de terrenos con bosque mediante información posesoria", "summary_en": "The Agrarian Tribunal upholds a ruling approving a possessory information proceeding for a 52,371.53 m² plot in Osa used for cacao cultivation. The Attorney General argued that because the property had forest, it was part of the State's Natural Heritage and therefore inalienable public domain. The Tribunal rejects this based on Article 7 of the reformed Possessory Information Law, which allows titling of forested land outside protected wilderness areas if the petitioner proves ten-year possession and care of the natural resource. Testimonial evidence and a compliant land-use certificate from INTA confirmed cacao cultivation, boundary delimitation, and possession exceeding ten years. The ruling adds that the property remains subject to public road rights-of-way and watercourse protection zones under the Public Roads Law and the Forestry Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "11/11/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-492679.json", "html_url": "/legal/doc/nexus-sen-1-0034-492679", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-492679" }, { "id": "nexus-sen-1-0034-492763", "citation": "Res. 00987-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Admissibility of possessory information proceedings for forested lands outside protected areas", "title_es": "Procedencia de informaciones posesorias en terrenos con bosque fuera de áreas protegidas", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José upholds the approval of a possessory information proceeding for a 2.7-hectare plot with forest cover in Cartago, filed by a woman farmer who received it as a donation from her husband in 1987. The Office of the Attorney General objected, arguing that the forest is part of the State’s natural heritage and thus inalienable. The Tribunal traces the legislative evolution: the repealed Forestry Law No. 4465 barred registration of forest land, but Law No. 7174 amended Article 7 of the Possessory Information Law (No. 139) to allow titling of forested parcels outside national parks, biological reserves, or protective zones, provided the applicant proves ten years of possession, protection of the forest, and demarcation with live fences. The current Forestry Law No. 7575, Article 13, does not repeal this option. In this case, witness testimony, the judicial inspection, and the land-use certificate established decennial possession (a chain of transferors spanning more than 20 years), predominantly agricultural use (70%), and protection of the stream and the Jaúl grove. Hence the requirements of Article 7 of the Possessory Information Law are met, and the registration is confirmed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "26/10/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-492763.json", "html_url": "/legal/doc/nexus-sen-1-0034-492763", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-492763" }, { "id": "nexus-sen-1-0034-492888", "citation": "Res. 01089-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Secondary forest on a lot under two hectares is not State Natural Heritage", "title_es": "El bosque secundario en finca menor a dos hectáreas no constituye Patrimonio Natural del Estado", "summary_en": "The Agrarian Court upholds the approval of a possessory information proceeding over a 6,368 m² lot with natural pastures and a small area of secondary forest. The Attorney General's Office appealed, arguing that the forest cover constituted public domain land forming part of the State Natural Heritage. The Court rejects the argument, holding that under the judicial inspection record and the INTA soil study, the land does not meet the technical definition of forest under Forestry Law 7575—which requires a minimum of two hectares—and the vegetation is merely natural regeneration or thicket. It relies on Article 7 of the Possessory Information Law and Article 856 of the Civil Code to find the lot susceptible to adverse possession, as it lies outside any protected area. It also dismisses objections regarding insufficient witness evidence and the mention of an easement in the boundary description, confirming the lower court's ruling.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "16/11/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-492888.json", "html_url": "/legal/doc/nexus-sen-1-0034-492888", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-492888" }, { "id": "nexus-sen-1-0034-502829", "citation": "Res. 01205-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of private forested lands through possessory information proceedings", "title_es": "Titulación de terrenos privados con bosque mediante información posesoria", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José ruled on an appeal by the Attorney General's Office against the approval of a possessory information proceeding. The applicant sought registration of a land parcel containing agriculture and forest in San Carlos, Alajuela, based on ten years of possession. The appeal argued that due to its forest cover, the property formed part of the state's natural heritage and that ten-year possession prior to the legal affectation was not proven. The tribunal upheld the lower court's decision, finding that under Article 856 of the Civil Code and Article 7 of the Possessory Information Law, a forested property can be acquired by usucapion if peaceful, public, uninterrupted possession and protection of natural resources are demonstrated, provided the land is not within a declared protected wild area. Testimonial evidence, judicial inspection, and a soil study confirmed the existence of ten-year possession and a conservationist attitude, allowing titling.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "21/12/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-502829.json", "html_url": "/legal/doc/nexus-sen-1-0034-502829", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-502829" }, { "id": "nexus-sen-1-0034-502834", "citation": "Res. 01210-2010 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Secondary forest combined with mango cultivation does not constitute a forestry offense", "title_es": "Bosque secundario combinado con cultivo de mango no constituye delito forestal", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José, by majority vote, confirmed the approval of a possessory information claim over a 4,238.06 m² property in Santa Cruz, Guanacaste. The Attorney General's Office appealed, arguing that the soil use certificate classified the entire land as secondary forest, that mango cultivation constituted illegal land-use change, and that certified copies should be sent to the Public Prosecutor for a possible criminal offense under Articles 19 and 61(c) of the Forestry Law. The Tribunal dismissed the appeal, holding that secondary forest is regenerating vegetation on previously disturbed land, that combining it with agricultural crops amounts to an agroforestry system and not an unlawful change of use, and that prohibiting such activity would be incompatible with the principle of sustainable development. The Tribunal noted the property is not located in a protected wild area and that the combined activity even favors carbon sequestration. It also denied the request to send copies to the Prosecutor's Office, finding no criminal conduct. Finally, it rejected the appeal regarding the public road width, clarifying that the area for future road expansion had not been included within the property boundaries.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "22/12/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-502834.json", "html_url": "/legal/doc/nexus-sen-1-0034-502834", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-502834" }, { "id": "nexus-sen-1-0034-503094", "citation": "Res. 04254-2010 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal dismissed against mere procedural act and municipal urban environmental control", "title_es": "Improcedencia de apelación contra acto de mero trámite municipal y control urbanístico ambiental", "summary_en": "The Administrative and Civil Treasury Court, Third Section, dismisses the appeal filed by Recess P.K.P.S.A. against a communication from the Mayor of La Cruz dated September 23, 2008, which merely stated that investigations would continue to determine whether the construction permit could be granted, without deciding on the merits. The Court characterizes the communication as a mere procedural act not subject to appeal under Article 154 of the Municipal Code, as it did not conclude the proceeding or create a definitive legal status. It further notes that the final decision was Resolution 02-0312-2008 of December 3, 2008, which denied the permit, and against which no appeal was timely filed. By way of obiter dictum, the Court extensively discusses the municipal duty to exercise urban planning control as part of the right to a healthy and ecologically balanced environment (Article 50 of the Constitution), the distinction between simple land divisions and full urbanizations, and the illegality of enabling residential projects through agricultural easements instead of public roads in accordance with the Subdivision and Urbanization Regulation.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "11/11/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-503094.json", "html_url": "/legal/doc/nexus-sen-1-0034-503094", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-503094" }, { "id": "nexus-sen-1-0034-503425", "citation": "Res. 00043-2011 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Intermittent springs are protected — Art. 149 Water Law and TAA precautionary measure", "title_es": "Nacientes intermitentes sí están protegidas — Art. 149 Ley de Aguas y medida cautelar TAA", "summary_en": "The Contentious-Administrative Tribunal, Section VI, reviews the legality of Resolution No. 908-09-TAA of the Environmental Administrative Tribunal (TAA), which modified a precautionary measure to protect three intermittent springs on a property where the “Mi Hogar” subdivision is being developed. The plaintiff argued that Article 33 of the Forestry Law only protects permanent springs and that the TAA applied a 60-meter setback without legal basis, violating his property right. The Tribunal dismisses the claim. It holds that Costa Rican law does protect intermittent springs under Article 149 of the Water Law, which prohibits destroying trees within 60 meters of springs without distinguishing their permanence. The precautionary measure is lawful, adequately grounded on technical criteria from the Water Department and SENARA, and respects the principles of provisional and accessory nature. Damages are denied for lack of causation and proof of harm. The tribunal emphasizes that environmental precautionary measures are justified by the State’s duty to guarantee a healthy and ecologically balanced environment, and that the protective setbacks are based on Article 149 of the Water Law, not on Article 33 of the Forestry Law.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "17/02/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-503425.json", "html_url": "/legal/doc/nexus-sen-1-0034-503425", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-503425" }, { "id": "nexus-sen-1-0034-504787", "citation": "Res. 01505-2010 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest product criminal liability does not require a forest under the Forestry Law", "title_es": "Producto forestal no requiere bosque para configurar delito de la Ley Forestal", "summary_en": "The Criminal Cassation Court overturns an acquittal and redefines the scope of the offenses under the Forestry Law. The lower court had acquitted the defendants because the logged area did not meet the two-hectare threshold to be classified as a «forest» under Article 3 of Law 7575. The Cassation Court rejects that reasoning and abandons the precedent set in ruling 682-F-97, which equated «forest product» with «forest.» Through a textual, systematic, and teleological interpretation of Articles 1, 3, 27, 58, and 61 of the Forestry Law, the Court holds that «forest product» refers to any timber-yielding tree, regardless of whether it is located in a forest or plantation. Thus, the criminal offense under Article 61 does not require the logging to take place in a forest; it is sufficient that the harvest occurs on private property without a permit or exceeds what was authorized. The case is remanded for a new trial.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "23/12/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-504787.json", "html_url": "/legal/doc/nexus-sen-1-0034-504787", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-504787" }, { "id": "nexus-sen-1-0034-505284", "citation": "Res. 00095-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Regenerating secondary forest is not state-owned if there is ten-year possession and environmental conservation", "title_es": "Bosque secundario en regeneración no es demanial si hay posesión decenal y conservación ambiental", "summary_en": "The Agrarian Court upholds the approval of a possessory information proceeding for several properties, including one with scrubland and trees that the Attorney General's Office sought to classify as state-owned forest. The court finds the land does not meet the technical forest definition under Forestry Law No. 7575, as the vegetation cover does not reach the threshold of a forest ecosystem. It emphasizes that natural regeneration not only does not exclude the possibility of usucapio, but should be viewed as an environmentally positive activity that must not be penalized by denying the title. The possessor's conservation of natural resources is positively valued under Article 7 of the Possessory Information Law. It is confirmed the area is not within any protected wild area and that ten-year, uninterrupted, and public possession was proven. A clarification is added that the property is subject to public road setback reserves.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "03/02/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-505284.json", "html_url": "/legal/doc/nexus-sen-1-0034-505284", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-505284" }, { "id": "nexus-sen-1-0034-506245", "citation": "Res. 00021-2011 Tribunal de Casación Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Material harm in forest crimes disregards prior land-use practices", "title_es": "Lesividad en delitos forestales y la irrelevancia de prácticas anteriores", "summary_en": "The Cartago Criminal Cassation Court upholds a conviction for invasion of protection areas, illegal logging, and land-use change. The defense argued that the clearing and sowing of pasture had been occurring on the farm for thirty years, so there was no harm to the legal interest or change in land use. The Court rejects this: crimes under the Forestry Law are abstract danger crimes, not requiring measurable environmental damage for conviction. The conduct is materially unlawful because it harms the environment, and the harm cannot be deemed insignificant. The fact that prior owners engaged in similar practices does not eliminate the typicality or unlawfulness of the accused’s conduct. The sentence of one year and two months imprisonment, conditionally suspended, and the civil damages award are affirmed.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "31/01/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-506245.json", "html_url": "/legal/doc/nexus-sen-1-0034-506245", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-506245" }, { "id": "nexus-sen-1-0034-506261", "citation": "Res. 00092-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Secondary forest and agro-environmental possession in possessory information proceedings", "title_es": "Bosque secundario y posesión agroambiental en información posesoria", "summary_en": "The Agrarian Court upholds the approval of possessory information proceedings for a 4,021 m² property in San Carlos, used for pasture and containing secondary forest along the Los Negritos River. The Attorney General's Office appealed, arguing that a judicial inspection was needed to verify forest protection, as a soil study indicated part of the land was secondary forest. The Court distinguishes 'secondary forest' from 'forest' under Forestry Law No. 7575, noting the former does not meet legal parameters (minimum 2 ha, >60 trees/ha with DBH ≥15 cm, crown cover >70%). It finds the possession has been agro-environmentally sustainable, with recovery of forest cover in the river protection zone, meeting the requirements of Article 7 of the Possessory Information Law. It orders registration of the property with 15 m (flat terrain) or 50 m (steep terrain) protection areas on both sides of the river, under Article 33(b) of the Forestry Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "03/02/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-506261.json", "html_url": "/legal/doc/nexus-sen-1-0034-506261", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-506261" }, { "id": "nexus-sen-1-0034-506284", "citation": "Res. 00125-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of land with regenerating forest and State Natural Heritage", "title_es": "Titulación de terreno con bosque en regeneración y Patrimonio Natural del Estado", "summary_en": "The Agrarian Court upholds the approval of possessory information over a 12,228 m² parcel in Turrubares, San José, which had scrubland, mountain, and abandoned pasture cover. The Attorney General’s Office appealed, arguing that the presence of forest made it part of the State’s Natural Heritage and thus not subject to adverse possession. The Court rejects this claim after evaluating the soil study, judicial inspection, and witness testimony, which show that the original forest was cleared decades ago for pasture, and the current vegetation is secondary forest undergoing natural regeneration. It emphasizes that regeneration activities should be encouraged for their environmental benefits and that it would be inconsistent to deny title to possessors who protect the resource. It concludes that the property, being outside protected wilderness areas and having had ten-year possession with conservation acts, is eligible for usucapion under Article 856 of the Civil Code and the Possessory Information Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "11/02/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-506284.json", "html_url": "/legal/doc/nexus-sen-1-0034-506284", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-506284" }, { "id": "nexus-sen-1-0034-506507", "citation": "Res. 00126-2011 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Expiration of the special tax proceeding from the initial filing of the claim", "title_es": "Caducidad del proceso especial tributario a partir de la interposición de la demanda", "summary_en": "The First Chamber of the Supreme Court of Justice rules on a cassation appeal filed by the Costa Rican Social Security Fund (CCSS) against a judgment of the Contentious-Administrative Court that declared the expiration of a special tax proceeding. The CCSS argued that the proceeding was suspended due to a constitutional challenge against Article 68.1 of the Law Regulating the Contentious-Administrative Jurisdiction and that it had not been notified of the administrative file's entry. The Chamber rejects both arguments. It holds that the constitutional action only suspended the resolution of expiration motions in specific cases, not the progression of the proceeding, and that the plaintiff should have continued to move it forward. It finds that more than six months of procedural inactivity attributable to the CCSS passed between the last act of prosecution (publication of edicts) and the State's expiration request, and therefore confirms the expiration declaration, ordering the appellant to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/02/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-506507.json", "html_url": "/legal/doc/nexus-sen-1-0034-506507", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-506507" }, { "id": "nexus-sen-1-0034-507466", "citation": "Res. 00090-2011 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary measures and the precautionary principle in mining affecting an aquifer", "title_es": "Medidas cautelares y principio precautorio frente a explotación minera que afecta manto acuífero", "summary_en": "The Supreme Court's First Chamber rejects the appeal filed by Grupo Pedregal companies, upholding the precautionary measures issued by the Directorate of Geology and Mines (DGM) that suspended mining operations and later revoked the concession due to the emergence and risk of damage to the Colima Superior aquifer. The Court endorses the application of the precautionary principle and in dubio pro natura, based on Article 50 of the Constitution, the Biodiversity Law, and the Forestry Law, to protect water resources and public health. Allegations of lack of grounds, disproportionality, or due process violations are dismissed, holding that the Administration acted lawfully in the face of scientific uncertainty and environmental danger, and that the concessionaire breached its environmental obligations. The ruling establishes an important precedent on environmental precautionary measures and the scope of the precautionary principle in Costa Rican law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "art-50-constitution", "forestry-law-7575", "procedural-environmental" ], "date": "03/02/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-507466.json", "html_url": "/legal/doc/nexus-sen-1-0034-507466", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-507466" }, { "id": "nexus-sen-1-0034-507529", "citation": "Res. 00158-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information on land with secondary forest", "title_es": "Información posesoria sobre terreno con bosque secundario", "summary_en": "The Agrarian Court upheld the first-instance ruling approving possessory information proceedings over a 14-hectare property in Golfito which included a small area of secondary forest and scrubland. The Attorney General's Office had argued on appeal that forested land is public domain property forming part of the State's Natural Heritage and thus not subject to adverse possession. The Court rejected this, relying on Article 7 of the Possessory Information Law as amended by Forestry Law 7575, which permits titling of forested land outside protected areas upon proof of ten-year possession and protection of the natural resource. It found that the vegetation described in the judicial inspection and soil survey does not meet the Forestry Law's technical definition of “forest” but instead qualifies as scrubland and naturally regenerating secondary forest. It concluded that over ten years of possession had been adequately proven through testimony and that the property is properly surveyed, thus confirming its registration.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "16/02/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-507529.json", "html_url": "/legal/doc/nexus-sen-1-0034-507529", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-507529" }, { "id": "nexus-sen-1-0034-507666", "citation": "Res. 00207-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory registration of forested rural property", "title_es": "Información posesoria sobre inmueble con cobertura boscosa", "summary_en": "The Agrarian Court confirms the approval of a possessory registration proceeding brought by a corporation for a 101-hectare property in Guanacaste, which is 41% forested. The Attorney General's Office appealed, arguing that a forested property has public domain status and cannot be privately owned. The court rejects the appeal, applying Article 7 of the Possessory Information Law, which allows registration of forested properties if the applicant proves ten-year possession, protection of forest resources, and proper boundaries. The evidence shows over thirty years of continuous possession, limited livestock use during the rainy season, and forest conservation with fences and clean firebreaks. A material error in the cadastral plan number is corrected, but the registration order in favor of the applicant is upheld, subject to the protection area of the Chircó River and the public road right-of-way.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "03/03/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-507666.json", "html_url": "/legal/doc/nexus-sen-1-0034-507666", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-507666" }, { "id": "nexus-sen-1-0034-509054", "citation": "Res. 00189-2011 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Public domain nature of a recreational park after annulment of its donation", "title_es": "Naturaleza demanial de un parque recreativo tras nulidad de su donación", "summary_en": "The First Chamber of the Supreme Court hears the cassation appeals filed by the Institute of Agrarian Development (IDA) and the Pro Construction of the Northern Recreational Park Association against the judgment of the Administrative Court which, at the request of the Comptroller General, declared null and void the transfer of land to the Association and its character as a public domain asset. The lower court annulled the donation acts authorized by a law later declared unconstitutional, restored the property to state ownership, and entrusted its administration to the Municipality of Moravia, also imposing costs. The First Chamber dismisses both appeals. Regarding the IDA, it finds that the order to initiate liability proceedings against officials does not constitute an ultra petita inconsistency, as it derives from a legal duty. As for the Association, it confirms that the park is a public domain asset dedicated to public use, imprescriptible and inalienable, so the claimed adverse possession did not occur and its possession generates no property rights.", "primary_topic_id": null, "topic_ids": [], "date": "03/03/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-509054.json", "html_url": "/legal/doc/nexus-sen-1-0034-509054", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-509054" }, { "id": "nexus-sen-1-0034-509123", "citation": "Res. 00402-2009 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Land-use permit in maritime-terrestrial zone denied absent a regulatory plan", "title_es": "Improcedencia de permiso de uso en zona marítimo terrestre sin plan regulador", "summary_en": "The Administrative Appeals Tribunal, Section II, upholds the municipality’s denial of a land-use permit for a plot in the maritime-terrestrial zone of Playa Tortuga, Osa, because no regulatory plan exists. The appellant argued that a use permit does not require such a plan and that there was confusion over which decision was being challenged. The Tribunal clarifies that the challenged decision is the one rejecting the permit, and that the absence of a regulatory plan is sufficient reason to deny it, even if a concession procedure had been started. It reiterates that a concession is the proper mechanism for private use of the maritime-terrestrial zone and that a regulatory plan is an indispensable prerequisite for orderly and sustainable development of this public-domain asset. The decision follows consistent precedent of the same court.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "water-law" ], "date": "09/10/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-509123.json", "html_url": "/legal/doc/nexus-sen-1-0034-509123", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-509123" }, { "id": "nexus-sen-1-0034-511323", "citation": "Res. 00404-2011 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of conviction over deficient reasoning in forestry offenses", "title_es": "Anulación de sentencia por defectos de fundamentación en delitos forestales", "summary_en": "The Criminal Cassation Court of San José annuls the trial court's conviction for land-use change and the acquittals for intentional forest fire and invasion of a protected area, issued by the Criminal Court of the Second Judicial Circuit of the Atlantic Zone. The Public Prosecutor's appeal argued that the trial judge's reasoning was deficient: she dismissed the charges of forest fire and protected-area invasion based on a mere mention of a possible \"apparent concurrence\" without developing supporting arguments. She also failed to weigh relevant circumstantial evidence linking the burned area to subsequent cattle use. The Cassation Court does not prejudge the merits, but grants the appeal on the ground that the trial court failed to apply the rules of sound criticism properly. It annuls the judgment and the trial hearing, ordering a remand for a new proceeding with a full and impartial analysis of all charged offenses.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "04/04/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-511323.json", "html_url": "/legal/doc/nexus-sen-1-0034-511323", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-511323" }, { "id": "nexus-sen-1-0034-512448", "citation": "Res. 00353-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Approval of Possessory Information on Land with Secondary Forest", "title_es": "Aprobación de Información Posesoria sobre Terreno con Bosque Secundario", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José upholds the ruling approving possessory information proceedings over a secondary forest lot in Guanacaste, initiated by a private individual. The Attorney General's Office appealed, claiming that forested land belongs to the State's natural heritage and is inalienable. The Tribunal rejects the appeal, finding that the requirements of Article 7 of the Possessory Information Law are met: ten-year possession proven by witnesses, protection of natural resources through fence maintenance, firebreaks, and prohibition on logging and hunting, and proper delimitation. It holds that although the land is forested, it is secondary forest regenerated after original vegetation was removed, and that denying titling would discourage private conservation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "06/04/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-512448.json", "html_url": "/legal/doc/nexus-sen-1-0034-512448", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-512448" }, { "id": "nexus-sen-1-0034-512473", "citation": "Res. 00429-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of possessory information for non-compliance with agri-environmental regulations", "title_es": "Anulación de información posesoria por incumplimiento de normativa agroambiental", "summary_en": "The Agrarian Tribunal annuls a ruling that approved possessory information proceedings, because the lower court failed to properly verify compliance with proper soil use. The submitted certification stated that proper use had not been exercised and it included conservation recommendations, but the judge ignored them. The Tribunal reiterates that agrarian judges must ensure the environmental function of property, citing legal restrictions such as environmental impact assessment, forest protection, soil management, and water conservation. It rules that, when agri-environmental regulations are not fulfilled, the possessory proceeding must be denied until compliance with management plans and proper use is verified.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "soil-conservation-7779", "environmental-law-7554", "forestry-law-7575" ], "date": "03/05/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-512473.json", "html_url": "/legal/doc/nexus-sen-1-0034-512473", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-512473" }, { "id": "nexus-sen-1-0034-512477", "citation": "Res. 00438-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land through possessory information proceedings", "title_es": "Titulación de terrenos con cobertura boscosa vía información posesoria", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José hears an appeal by the Attorney General's Office against the approval of a possessory information proceeding for a 10-hectare property with forest and scrubland in Upala, Alajuela. The Attorney General argues that forests are public domain, inalienable and imprescriptible, and cannot be titled through this procedure. The Tribunal rejects these arguments and confirms the titling, with boundary modifications. It holds that Article 7 of the Possessory Information Law, as amended by the current Forestry Law, expressly permits titling of forested lands outside protected areas, provided that decade-long possession, natural resource protection, and proper demarcation are demonstrated. It also clarifies that merely indicating an easement on a cadastral map does not legally constitute one. A judge issues a separate note, stating that the property is predominantly agricultural with secondary forest and thus is not public domain, applying simple agrarian possession rules.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "09/05/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-512477.json", "html_url": "/legal/doc/nexus-sen-1-0034-512477", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-512477" }, { "id": "nexus-sen-1-0034-512807", "citation": "Res. 00233-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information for land with scrub can be approved if it is not public domain forest and the resource is protected", "title_es": "Información posesoria sobre terreno con tacotal puede aprobarse si no es bosque demanial y se protege el recurso", "summary_en": "The Agrarian Court upheld the approval of possessory information for a 50-hectare property in Lepanto, Puntarenas, rejecting the State's appeal. The Deputy Attorney General argued the land contained forest and was therefore part of the State Natural Heritage, and that witness testimony did not prove ten-year possession. The Court found the land was not public domain forest, but pasture, scrub, mango plantation, and a small area of secondary forest under natural regeneration. It held that classifying such vegetation as public domain would punish conservationist behavior and discourage regeneration, contrary to environmental objectives. Based on Article 7 of the Possessory Information Law and forestry legislation, the property was suitable for adverse possession because it was outside protected areas and conservation acts were proven. Witnesses were deemed sufficient. The appeal was partially granted to add the Lepanto River protection zone and declare public ownership of watercourses and waters.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "11/03/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-512807.json", "html_url": "/legal/doc/nexus-sen-1-0034-512807", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-512807" }, { "id": "nexus-sen-1-0034-512846", "citation": "Res. 00397-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land through possessory information proceedings", "title_es": "Titulación de finca boscosa mediante información posesoria", "summary_en": "The Agrarian Court affirms the approval of possessory information proceedings for a 30.6-hectare property with forest cover and pasture in Uvita de Osa, rejecting the appeal of the Office of the Attorney General, which argued that because of the forest cover, the land formed part of the State's natural heritage and was not susceptible to private possession or adverse possession. The Court distinguishes between the national reserve regime (public domain assets, immune from prescription) and privately owned forested land, and holds that the law allows the titling of forested land through possessory information proceedings if the applicant proves decennial possession prior to the creation of any protected area and demonstrates protection of natural resources. Testimonial, judicial inspection, and soil study evidence proved quiet, public, uninterrupted possession as owner for more than fifteen years, with acts of forest conservation and protection of an existing stream, so the first-instance judgment is upheld and the cancellation of a cadastral plan registered in the name of the Institute for Agrarian Development (IDA) is ordered.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "27/04/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-512846.json", "html_url": "/legal/doc/nexus-sen-1-0034-512846", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-512846" }, { "id": "nexus-sen-1-0034-513527", "citation": "Res. 00435-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land outside protected areas via possessory information proceedings", "title_es": "Procedencia de titular bosque fuera de áreas protegidas mediante información posesoria", "summary_en": "The Agrarian Court upheld a ruling ordering the registration of a 3.4-hectare property in Paquera, Puntarenas, despite a portion containing natural forest. The majority applied Article 7 of the Possessory Information Law, which permits titling of forested land outside protected areas if the applicant proves ten-year possession, protection of forest resources, and delimitation. The court found the property was outside any protected wild area, the existing forest had been conserved according to a technical certificate, and quiet, public, peaceful possession had been exercised for over ten years. It rejected the Attorney General's argument that all forested land is part of the State's Natural Heritage and thus inalienable, relying on the constitutionality of Article 7 per Constitutional Chamber ruling 4587-97. A separate note by Judge Alvarado Paniagua dissented, considering the property predominantly agricultural with secondary forest and only requiring simple agrarian possession, not the Article 7 analysis.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "09/05/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-513527.json", "html_url": "/legal/doc/nexus-sen-1-0034-513527", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-513527" }, { "id": "nexus-sen-1-0034-514739", "citation": "Res. 00307-2011 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Cassation denied on trafficking of leatherback turtle eggs", "title_es": "Casación rechazada sobre tráfico de huevos de tortuga baula", "summary_en": "The Criminal Cassation Court of San José denies the cassation appeal filed by the defense of a defendant convicted for violating the Wildlife Conservation Law, specifically for trafficking leatherback turtle eggs. The defense argued that irreconcilable contradictions among the testimonies of the arresting officers prevented a conviction. The Court reviewed the statements and found them consistent on key facts: the defendant was carrying a sack with 268 fresh leatherback turtle eggs, a protected species, during nesting season. Minor discrepancies did not create reasonable doubt. The ruling upholds the criminal liability, the one-year prison sentence, and the grant of conditional sentence execution.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "11/03/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-514739.json", "html_url": "/legal/doc/nexus-sen-1-0034-514739", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-514739" }, { "id": "nexus-sen-1-0034-514935", "citation": "Res. 00573-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of scrub with natural regeneration and distinction from forest", "title_es": "Titulación de charral en regeneración y distinción frente al bosque", "summary_en": "The Agrarian Court confirms the approval of a possessory information proceeding over a 2.8 ha property in Montaña Grande, Puntarenas, whose vegetative cover is predominantly scrub in natural regeneration. The Attorney General's Office appealed, arguing the land is mountainous and therefore part of the public domain, thus not susceptible to titling, invoking the Forestry Law and Constitutional Chamber jurisprudence. The court analyzes expert evidence, the compliant land use certificate, and witness statements, concluding that the property does not meet the legal characteristics of \"forest\" under Article 3 of the Forestry Law (over 2 ha, canopy cover >70%, >60 trees/ha with DBH ≥15 cm). It classifies it as scrub and secondary regenerational succession. It argues that denying titling for having regenerated vegetation would be a contradiction and would discourage conservation, thus confirming title in favor of the possessor who proved over ten years of quiet, peaceful possession as owner.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "13/06/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-514935.json", "html_url": "/legal/doc/nexus-sen-1-0034-514935", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-514935" }, { "id": "nexus-sen-1-0034-514939", "citation": "Res. 00571-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested parcels through possessory information", "title_es": "Titulación de fincas con bosque mediante información posesoria", "summary_en": "The Agrarian Tribunal upholds a ruling granting possessory title to a 39-hectare parcel in San Carlos containing pasture and forest cover. The Attorney General appealed, arguing that forested land falls under public domain (State's natural heritage) and that ten-year possession was not proven. The Tribunal rejects both arguments: it notes that Article 7, second paragraph, of the Possessory Information Law, as amended by Forestry Law 7575, allows titling of forested parcels outside protected areas if ten-year possession and resource protection are demonstrated. Witness testimony and an INTA certificate confirmed the land was used for cattle ranching, forest and streams were protected, and an uninterrupted chain of possession exceeding ten years was established. The court holds that the land is not part of public domain and that legal requirements for titling are satisfied.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "13/06/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-514939.json", "html_url": "/legal/doc/nexus-sen-1-0034-514939", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-514939" }, { "id": "nexus-sen-1-0034-518411", "citation": "Res. 00555-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested property through possessory information proceeding", "title_es": "Titulación de inmueble con bosque mediante información posesoria", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José affirms the judgment approving possessory information over a 6.22-hectare property in Horquetas de Sarapiquí, consisting of wooded pasture, shrubby pastures, and forest. The Attorney General's Office appealed, arguing the forest turns the land into State Natural Heritage, which is imprescriptible and inalienable. However, the Tribunal finds that Article 7 of the Possessory Information Law allows titling forested properties if decennial possession, forest protection, and delimitation are proven, which were verified. Moreover, the property lies outside protected wilderness areas, and witnesses demonstrated continuous possession for over 20 years. A separate opinion discusses the nature of public domain and regulatory evolution, stressing that forest does not automatically convert the land into public domain, as disaffection can occur by law, as happened with the reform to Article 7.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "08/06/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-518411.json", "html_url": "/legal/doc/nexus-sen-1-0034-518411", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-518411" }, { "id": "nexus-sen-1-0034-518881", "citation": "Res. 00175-2011 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of land titling for constituting State Natural Heritage", "title_es": "Nulidad de titulación de terreno por constituir Patrimonio Natural del Estado", "summary_en": "The Administrative Court grants the petition of the Comptroller General and annuls the titling, by the Rural Development Institute (IDA), of a property in Matina, Limón, finding it has always been forest-covered State Natural Heritage—inalienable, imprescriptible public domain. Evidence showed forest coverage since 1960; IDA omitted mandatory soil-use studies and relied on a regulation later declared unconstitutional and a repealed decree. The court orders recovery of the land, registration in the State's name, eviction of the occupant, and abstract condemnation of IDA for damages. The occupant's counterclaim is dismissed for lack of passive legitimacy of the State, though he is exempted from costs due to good faith.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "18/08/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-518881.json", "html_url": "/legal/doc/nexus-sen-1-0034-518881", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-518881" }, { "id": "nexus-sen-1-0034-519509", "citation": "Res. 00064-2011 Tribunal Contencioso Administrativo Sección VII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of Decree 17023-MAG on Tivives Protective Zone", "title_es": "Nulidad del Decreto 17023-MAG sobre Zona Protectora Tivives", "summary_en": "The Seventh Section of the Administrative Appeals Tribunal annulled the lower court's ruling that had declared the absolute nullity of Executive Decree 17023-MAG (1986), which established the Tivives Protective Zone. The appellate court found defects of incongruence and lack of reasoning in the challenged judgment, as the lower court failed to analyze the State's defenses and exceptions—such as lack of current interest, lack of right, lack of standing, and statute of limitations—and did not address several joinders of supporting parties or an incident concerning new documents. Furthermore, the lower court relied on arguments not subjected to adversarial debate, such as the retroactive application of Articles 361-363 of the General Public Administration Act. Consequently, the tribunal annulled the judgment and remanded the case to the lower court for a new decision in accordance with the law, without ruling on the merits of the appeals filed by the State and the Comptroller General's Office.", "primary_topic_id": null, "topic_ids": [], "date": "18/08/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-519509.json", "html_url": "/legal/doc/nexus-sen-1-0034-519509", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-519509" }, { "id": "nexus-sen-1-0034-521634", "citation": "Res. 00655-2009 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ten-year possession of unregistered partially forested land outside a protected wild area", "title_es": "Posesión decenal sobre inmueble sin inscribir parcialmente boscoso fuera de área silvestre protegida", "summary_en": "The Agrarian Court of the Second Judicial Circuit of San José heard the appeal of the Attorney General's Office against a judgment that approved the possessory information proceeding for a 23-hectare property in San Carlos, partially covered by forest but located outside protected wild areas. The Attorney General argued that forest lands are public domain assets—state natural heritage—and therefore imprescriptible. The Court rejected this argument, stating that Article 7 of the Possessory Information Law allows the titling of forested properties outside protected areas if ten-year possession and forest protection are proven. Based on Constitutional Chamber case law (vote 4587-97), which declared unconstitutional the requirement of personal possession but upheld the rule, the Court verified that the petitioner had exercised public, peaceful, and continuous possession for more than ten years, that the land was fenced, and that the forest and water sources were protected, thus confirming the appealed judgment.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "18/09/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-521634.json", "html_url": "/legal/doc/nexus-sen-1-0034-521634", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-521634" }, { "id": "nexus-sen-1-0034-523224", "citation": "Res. 00900-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of lands with secondary forest through possessory information", "title_es": "Titulación de terrenos con bosque secundario mediante información posesoria", "summary_en": "The Agrarian Court upheld the approval of possessory information proceedings over a 8.28 ha property in San Ramón, Alajuela. The Attorney General's Office had appealed arguing that the land was forested and therefore public domain under forestry laws. The Court, in a majority vote, dismissed the appeal: it found that the predominant use is pasture and scrubland, with an area of secondary forest in natural regeneration along riverbanks and streams. It held that this does not constitute primary forest and that denying title due to natural regeneration would discourage conservation practices. Two judges added a concurring note clarifying that, under Article 7 of the Possessory Information Law, lands covered by any type of forest (primary or secondary) may be titled if decennial possession and protection of the forest resource are proven, thereby rejecting the thesis that the decennial count must predate the 1969 Forestry Law.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "29/08/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-523224.json", "html_url": "/legal/doc/nexus-sen-1-0034-523224", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-523224" }, { "id": "nexus-sen-1-0034-524138", "citation": "Res. 00219-2011 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of municipal agreements authorizing a housing development in a water-protection zone", "title_es": "Nulidad de acuerdos municipales que autorizaron proyecto urbanístico en zona de protección hídrica", "summary_en": "The Administrative Appeals Tribunal annulled the Barva Municipal Council's agreements authorizing a deal with the Espinos de la Montaña company. The municipality lacked jurisdiction over the water system, which it had transferred to AyA and was delegated to the local ASADA. The well permit only allowed domestic use and irrigation, insufficient for a 62-lot project. The so-called agricultural parceling was actually a residential subdivision prohibited in the special protection zone under the Metropolitan Area Regional Urban Plan. The court found misuse of power, declared the agreements and the deal absolutely null, and ordered immediate construction halt under the precautionary principle.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "16/06/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-524138.json", "html_url": "/legal/doc/nexus-sen-1-0034-524138", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-524138" }, { "id": "nexus-sen-1-0034-525742", "citation": "Res. 01384-2011 Tribunal de Casación Penal de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Eventual intent of tractor driver in illegal logging for failing to verify permits", "title_es": "Dolo eventual del tractorista en tala ilegal sin verificar permisos", "summary_en": "The Criminal Cassation Court of San José upholds a conviction for illegal harvesting of forest products on private property. The defendant, a tractor driver, cleared and piled trees in 1.32 hectares of secondary forest without a permit. The defense argued violation of the in dubio pro reo principle and lack of intent, claiming the accused merely followed the owner’s orders and was unaware of the permit requirement. The Court dismisses the appeal: it finds intent—at least eventual intent—because the accused, as a tractor operator in an area of clear forestry vocation, had a duty to verify permits and failed to do so, thereby accepting the breach of the prohibition. The ruling emphasizes that ignorance of the law does not excuse liability when the agent could and should have informed himself, and that willful blindness satisfies the mental element. The sentence is upheld at three months’ imprisonment with suspended execution, plus civil damages.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "19/10/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-525742.json", "html_url": "/legal/doc/nexus-sen-1-0034-525742", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-525742" }, { "id": "nexus-sen-1-0034-526182", "citation": "Res. 01036-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possibility of titling forested land through possessory information", "title_es": "Posibilidad de titular terrenos boscosos mediante información posesoria", "summary_en": "The Agrarian Court upholds the judgment approving possessory information proceedings over a plot with forest cover and a spring, rejecting the appeal by the Attorney General's Office. The Attorney General argued that forests are inalienable public domain under the Forestry Law and that possession had not been proven. The Court holds that Article 7 of the Possessory Information Law, in force and declared constitutional, allows titling of forested land outside protected wild areas when ten-year adverse possession, resource protection, and delimitation are proven. The court found a possessory chain exceeding ten years, prior agricultural use, a current conservationist attitude, and fulfillment of legal requirements. The untimely request for amendment is denied, and the restrictions from the Public Roads Law, Water Law, and Forestry Law regarding protection areas for waterways and springs remain in place.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "27/09/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-526182.json", "html_url": "/legal/doc/nexus-sen-1-0034-526182", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-526182" }, { "id": "nexus-sen-1-0034-527466", "citation": "Res. 00794-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of titling of State Natural Heritage forests without proven decennial possession prior to 1961", "title_es": "Improcedencia de titular bosques del Patrimonio Natural del Estado sin posesión decenal anterior a 1961", "summary_en": "The Agrarian Court hears an ordinary proceeding brought by the Monteverde Conservationist Association against several individuals who were pursuing possessory information proceedings to title lands covered by primary forest within the Arenal‑Monteverde Protective Zone. The Court analyzes the legal nature of public domain and the State Natural Heritage, emphasizing their inalienability, imprescriptibility, and immunity from seizure. It concludes that the disputed properties constitute State Natural Heritage and that the applicable law for calculating the required ten‑year possession is the 1961 Land and Colonization Law, not the later decrees creating the protective zone or forest reserve. Since the defendants failed to prove decennial possession prior to 1961, the Court partially reverses the lower court’s judgment, upholds the plaintiff association’s standing based on the diffuse interest enshrined in Article 50 of the Constitution, and orders the possessory information proceedings archived, declaring that they shall have no legal effect to create possessory rights over the public‑domain lands.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "27/07/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-527466.json", "html_url": "/legal/doc/nexus-sen-1-0034-527466", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-527466" }, { "id": "nexus-sen-1-0034-528238", "citation": "Res. 01317-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Enforcement of environmental damages and dispossession — Cabécar Indigenous Territory", "title_es": "Ejecución por daños ambientales y despojo — Territorio Indígena Cabécar", "summary_en": "The Agrarian Tribunal reviewed the enforcement phase of a reivindicatory action brought by the Cabécar Indigenous Development Association against three non-indigenous individuals. The prior judgment ordered the defendants to pay in the abstract for damages and losses caused by the dispossession of nearly 100 hectares over twelve years, including environmental harm from clearing, logging, and road construction. In the enforcement stage, the lower court quantified damages based on 16.2 hectares affected, timber extraction, and lost use. The Tribunal partially upheld the ruling but reduced the environmental damages area to 5 hectares based on the judicial inspection, lowering that sum to ¢2,190,296.30. It affirmed the timber extraction damages (¢2,693,950.43) and the losses for dispossession (¢12,000,000). It reversed the award of personal costs in the enforcement phase on the ground that the reduction justified a finding of sufficient cause to litigate. The decision upholds the territorial rights of the indigenous community and sets criteria for quantifying collective damages in indigenous territories.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "forestry-law-7575" ], "date": "26/11/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-528238.json", "html_url": "/legal/doc/nexus-sen-1-0034-528238", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-528238" }, { "id": "nexus-sen-1-0034-529807", "citation": "Res. 00241-2011 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Land Use Permit in Gandoca-Manzanillo Wildlife Refuge", "title_es": "Improcedencia de permiso de uso de suelo en Refugio Gandoca-Manzanillo", "summary_en": "The Administrative Court (Section V), through judgment No. 00241-2011, dismissed a lawsuit brought by an individual against the State and the National System of Conservation Areas (SINAC), which sought a land-use permit for a dwelling within the Gandoca-Manzanillo National Wildlife Refuge. The plaintiff had purchased possessory rights to a lot in the urban quadrant of Manzanillo after the refuge was created, and argued that Article 152 of the Wildlife Conservation Law Regulation was mandatory. The Court held that the property is State-owned public domain, so no possession rights can be claimed. It further interpreted Article 152 as granting SINAC discretionary — not mandatory — authority to issue use permits, which must align with the only activities allowed on State natural heritage under Article 18 of the Forestry Law: research, training, and ecotourism. The request for a residential dwelling was incompatible with these provisions. The Court also clarified that the maritime-terrestrial zone within the refuge is subject to stricter control by SINAC, reinforcing the prohibition of non-permitted activities.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "property-and-titling", "forestry-law-7575", "wildlife-law-7317" ], "date": "07/12/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-529807.json", "html_url": "/legal/doc/nexus-sen-1-0034-529807", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-529807" }, { "id": "nexus-sen-1-0034-532845", "citation": "Res. 01403-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information: temporary spring does not require new cadastral plan", "title_es": "Información posesoria: ojo de agua temporal no exige nuevo plano catastral", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José heard the appeal filed by the Attorney General's Office against the approval of a possessory information proceeding initiated by María Baltodano Baltodano to register a 37-hectare property in Nicoya, Guanacaste, in her name. The Prosecutor argued that the judicial inspection and an ICAA report revealed the existence of a spring not depicted in the cadastral plan, and therefore a new plan including that water body should be required. The Tribunal rejected the argument, noting that the judicial inspection identified a \"water eye\" that dries up in summer—a temporary water source. It emphasized that the stream's protection zone was well-preserved and that the first-instance ruling already ordered the protection zones around water bodies to be respected under articles 33 and 34 of the Forestry Law. It concluded that requiring a new plan would impose an excessive economic burden on the applicant when the Possessory Information Law provides other means to protect water resources. Consequently, it upheld the appealed decision.", "primary_topic_id": null, "topic_ids": [], "date": "15/12/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-532845.json", "html_url": "/legal/doc/nexus-sen-1-0034-532845", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-532845" }, { "id": "nexus-sen-1-0034-534420", "citation": "Res. 00046-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested lands outside protected areas with ten-year ecological possession", "title_es": "Titulación de terrenos boscosos fuera de áreas protegidas con posesión decenal y ecológica", "summary_en": "The Agrarian Tribunal confirms the lower court ruling that approved a possessory information proceeding for a forested and scrubland property in Guápiles, Limón. The Attorney General's Office appealed, arguing that forested lands in national reserves are part of the State's natural heritage and thus inalienable. The Tribunal rejects that argument, finding no evidence that the property lies within a national reserve or protected wild area. Through an extensive historical analysis of land titling legislation in Costa Rica, it concludes that, under Article 7 of the Possessory Information Law, forested lands outside protected areas may be titled if a ten-year possession is proven, with protection of natural resources and defined boundaries. Here, the applicant corrected the initial cadastral plan that partially overlapped with the Cordillera Volcánica Central Forest Reserve, and the new plan was entirely outside any protected area. Witnesses confirmed over ten years of continuous possession. The Tribunal holds that sustainable development allows both public and private ownership of forests, subject to legal restrictions.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "24/01/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-534420.json", "html_url": "/legal/doc/nexus-sen-1-0034-534420", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-534420" }, { "id": "nexus-sen-1-0034-534446", "citation": "Res. 00017-2012 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reaffirmation that environmental viability is a preparatory act not subject to direct challenge", "title_es": "Reafirmación de la naturaleza de acto preparatorio de la viabilidad ambiental y su inimpugnabilidad directa", "summary_en": "The Administrative Court, Section VI, dismisses the claim of Name Calling Disease Ltda. against resolution 1342-2010-SETENA, which ordered the developer to reformulate the Environmental Management Plan based on an integrated study of Las Baulas National Marine Park. The court reiterates its own and the Court of Cassation's case law: environmental viability is a preparatory act without independent legal effect, subordinated to a subsequent authorizing procedure (the municipal building permit). Therefore, it cannot be directly challenged in administrative litigation. It may only be challenged when it is a denial or together with the final act. The State's preliminary defense is upheld and costs are imposed on the plaintiff.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "01/02/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-534446.json", "html_url": "/legal/doc/nexus-sen-1-0034-534446", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-534446" }, { "id": "nexus-sen-1-0034-534927", "citation": "Res. 00085-2012 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of acquittal for invasion of protected area and forest fire", "title_es": "Anulación de absolución por delitos de invasión de área de protección e incendio forestal", "summary_en": "The Criminal Appeals Court of the Third Judicial Circuit of Alajuela, San Ramón, annuls the acquittal of the defendant for the crimes of invasion of a protected area and forest fire. The appellate court upholds the prosecutor's arguments, finding that the trial court erred in substantive law by ruling that the indictment lacked objective elements of the crime, specifically the 100-meter radius from the water source. It holds that the legal concept of 'protected area' inherently includes that distance under Article 33(a) of the Forestry Law, so its omission from the indictment does not render the conduct atypical. The court also upholds procedural challenges for insufficient reasoning and failure to comprehensively analyze the evidence, including witness testimony that demonstrated illegal logging and use of forest products. A retrial is ordered.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "14/02/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-534927.json", "html_url": "/legal/doc/nexus-sen-1-0034-534927", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-534927" }, { "id": "nexus-sen-1-0034-535479", "citation": "Res. 00410-2011 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "TCA jurisdiction as improper hierarchical superior and environmental requirements for a cement plant", "title_es": "Competencia del TCA como jerarca impropio municipal y exigencias ambientales para instalación cementera", "summary_en": "Resolution 00410-2011 of the Administrative Contentious Court, Section III, acting as improper hierarchical superior of the Municipality of Alajuela in a case brought by the Integral Development Association of San Rafael de Ojo de Agua against a decision of the Mayor that favored the companies Comcoas and DIP. The Court grants the appeal, annuls the Mayor's resolution with absolute nullity, orders the immediate closure of the cement plant works, and instructs the Municipality to renew the procedures, including possible demolition. The ruling is based on the absence of an adequate environmental impact study for a highly polluting industry, violations of urban-environmental regulations, the breach of the precautionary principle and Article 50 of the Constitution, and the lack of complete construction permits.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution" ], "date": "31/10/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-535479.json", "html_url": "/legal/doc/nexus-sen-1-0034-535479", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-535479" }, { "id": "nexus-sen-1-0034-535533", "citation": "Res. 00076-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested property outside protected wilderness area through possessory information", "title_es": "Titulación de inmueble boscoso fuera de área silvestre protegida mediante información posesoria", "summary_en": "The Agrarian Tribunal upholds the approval of possessory information proceedings over a 35-hectare property in Punta Mala, Osa, covered by scrubland and secondary forest, located outside any protected wilderness area. The Attorney General's Office argued that, being forested, the land was part of the State's forest patrimony and not subject to adverse possession. The Tribunal rejects this argument, distinguishing between national reserves (unregistered vacant lands, imprescriptible) and private property. It finds the land suitable for acquisition by adverse possession under Article 856 of the Civil Code, as the ten‑year possession was proven through witness testimony and judicial inspection, showing the applicant's conservationist attitude. It also notes that the Possessory Information Law allows titling of lands in protected areas when possession exceeds ten years prior to the area's creation, further supporting the decision.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "30/01/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-535533.json", "html_url": "/legal/doc/nexus-sen-1-0034-535533", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-535533" }, { "id": "nexus-sen-1-0034-535604", "citation": "Res. 00161-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling Forested Land under Article 7 of the Possessory Information Law", "title_es": "Titulación de predio boscoso bajo artículo 7 de la Ley de Informaciones Posesorias", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding over a parcel with forest cover and pasture, rejecting the arguments of the Attorney General's Office. The PGR argued that forests are part of the State's natural heritage, inalienable and imprescriptible since the 1969 Forestry Law, and that the applicant failed to prove ten-year possession. The Tribunal distinguishes two scenarios under Article 7 of the Possessory Information Law: (a) land within protected wild areas, where possession must predate the protected-area declaration by ten years; (b) land outside protected areas with forest, where it suffices to prove ten-year possession, resource protection, and demarcation, regardless of when the forest heritage was declared. The Tribunal holds that the legislature expressly authorized titling of forested land outside protected areas, and that the witnesses and the applicant's sworn statement established possession for over thirty years, protection of streams, and tree planting, thereby confirming the lower court's ruling.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "15/02/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-535604.json", "html_url": "/legal/doc/nexus-sen-1-0034-535604", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-535604" }, { "id": "nexus-sen-1-0034-536143", "citation": "Res. 01472-2011 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Assignment of environmental viability between private project developers is not personal and does not require new proceedings", "title_es": "Cesión de viabilidad ambiental entre empresas desarrolladoras de proyectos privados no es personalísima ni requiere trámites nuevos", "summary_en": "The First Chamber of the Supreme Court rejects the cassation appeal filed by Sépticos El Nacional S.A. against the judgment that declared its lack of active standing to challenge the suspension of the sanitary operating permit for the 'El Nacional' septic sludge treatment plant. The Chamber confirms that the plaintiff, by public deed, assigned for consideration all environmental viability rights to Planta de Tratamiento de Lodos Sépticos el Arca S.A., which was accepted by SETENA as the new project developer. The Court holds that environmental viability is granted to the project, not to the developer's person, so the assignment is valid and does not require starting proceedings from scratch. Subsequent non-compliance with requirements or lack of registry updates before other authorities do not invalidate the assignment or restore standing to the assignor. The appeal is dismissed, with costs imposed on the appellant.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "08/12/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-536143.json", "html_url": "/legal/doc/nexus-sen-1-0034-536143", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-536143" }, { "id": "nexus-sen-1-0034-536717", "citation": "Res. 00569-2012 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Burden of proof in forest crimes lies with the prosecutor, not the defendant", "title_es": "Carga de la prueba en delitos forestales compete al acusador, no al imputado", "summary_en": "The Criminal Appeals Tribunal upholds the acquittal of a defendant charged with illegal logging on private land under the Forestry Law. The prosecution appealed, arguing insufficient reasoning and violation of Article 27 of the Forestry Law, claiming the defendant had to prove he held a permit. The Tribunal rejects both grounds, affirming that in criminal proceedings the burden of proof lies with the accuser and the presumption of innocence prevails. The prosecution should have proven the absence of a permit through proper evidence, such as a certification from MINAET, rather than relying solely on the testimony of an official who asked the defendant. It also holds that statements made by the defendant to an official without prior legal warnings cannot be used as valid proof. The ruling clarifies that Article 27 imposes an obligation but does not reverse the burden of proof or allow convictions without sufficient evidence.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "26/03/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-536717.json", "html_url": "/legal/doc/nexus-sen-1-0034-536717", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-536717" }, { "id": "nexus-sen-1-0034-537562", "citation": "Res. 00063-2009 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of the Coastal Regulatory Plan and Concessions in Punta Ventanas de Osa for Constituting State Natural Heritage", "title_es": "Nulidad del Plan Regulador Costero y Concesiones en Punta Ventanas de Osa por constituir Patrimonio Natural del Estado", "summary_en": "The Administrative Appeals Tribunal, Section VI, annuls the Coastal Regulatory Plan of Punta Ventanas de Osa and the concession contracts granted by the Municipality of Osa to private companies. It declares that most of the land in the maritime-terrestrial zone consists of forested areas and thus constitutes State Natural Heritage (PNE) under the administration of MINAET, not the Municipality. The Plan's nullity is based on: municipal lack of jurisdiction over PNE, absence of MINAET's PNE certification, lack of an environmental impact assessment by SETENA, and the Plan's preparation by a private company in violation of the exclusive public planning power. The concessions are also annulled due to the lack of ICT approval and for being granted without PNE certification. The Tribunal further declares the companies' occupation illegitimate, orders eviction, and holds the State, SINAC, ICT, INVU, and the Municipality liable in abstract for damages to the forest ecosystem due to their omissions and illegal acts. However, it exempts the defendant companies from civil liability for lack of proven malice or gross negligence, and orders the Municipality to compensate Las Ventanas de Osa S.A. for the value of the buildings constructed, given historical municipal tolerance.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "environmental-law-7554" ], "date": "19/01/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-537562.json", "html_url": "/legal/doc/nexus-sen-1-0034-537562", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-537562" }, { "id": "nexus-sen-1-0034-537568", "citation": "Res. 00047-2012 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Application of expiration to IDA revocation procedures and limits on restrictions to awarded property", "title_es": "Aplicación de la caducidad a procedimientos revocatorios del IDA y límites de las restricciones a la propiedad adjudicada", "summary_en": "The ruling declares the expiration of the administrative revocation and title nullity procedure initiated by the IDA against the plaintiffs, finding a suspension of more than six months exclusively attributable to the Administration, applying Article 340 of the General Law of Public Administration. The Tribunal reaffirms that the procedural principles of the LGAP (including expiration) are complementary and supplementary to special procedures such as the IDA's, and that awarded parcels are not public domain property but private domain, thus not enjoying imprescriptibility. Furthermore, the IDA is ordered to refrain from initiating a new revocation procedure, as the 15-year limitation period under Article 67 of the Land and Colonization Law has expired and the awardees fulfilled their obligations, thus consolidating full property rights.", "primary_topic_id": null, "topic_ids": [], "date": "09/03/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-537568.json", "html_url": "/legal/doc/nexus-sen-1-0034-537568", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-537568" }, { "id": "nexus-sen-1-0034-538415", "citation": "Res. 00044-2012 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Enforcement of favorable IDA act subject to forestry limitations", "title_es": "Ejecución de acto favorable del IDA sujeto a limitaciones forestales", "summary_en": "The Administrative Court hears a claim against the Agrarian Development Institute (IDA) for material inactivity in executing a Board decision granting title to a parcel in Sarapiquí. IDA argued the property contains 1.67 ha of forest, which under Forestry Law articles 15 and 33 is inalienable and prevents titling that area. The Court finds IDA breached its duty to execute a final favorable act, having not resorted to lesividad or nullity procedures to annul it. It orders IDA to enforce the decision: segregate the forest area, transfer the remainder to plaintiff, impose legal limitations, and convey the forest to State Natural Heritage. Claim for exemption from limitations based on possession is denied for lack of proof. Costs imposed on IDA.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "procedural-environmental" ], "date": "09/03/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-538415.json", "html_url": "/legal/doc/nexus-sen-1-0034-538415", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-538415" }, { "id": "nexus-sen-1-0034-538519", "citation": "Res. 00057-2012 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Caducity of IDA adjudication revocation procedure and time limit on agrarian property restrictions", "title_es": "Caducidad del procedimiento de revocatoria de adjudicación del IDA y límite temporal de las restricciones a la propiedad agraria", "summary_en": "The Administrative Litigation Court declared the administrative procedure 039-09 NUL expired (caducity) due to IDA’s inactivity exceeding six months, applying Article 340 of the General Public Administration Law. It also ruled that IDA lacks authority to register annotations extending the restrictions under Article 67 of the Land and Colonization Law, since the 15-year term ended on March 18, 2009, and all obligations were fulfilled. The court held that IDA-adjudicated parcels are private domain assets, not public domain, so caducity applies and restrictions are not perpetual. It ordered IDA to refrain from new revocation proceedings on the same property and to lift the registry annotation. Judge Hernández Gutiérrez issued a dissenting vote only on IDA’s competence to issue precautionary annotations, deeming them a valid measure to safeguard the procedure.", "primary_topic_id": null, "topic_ids": [], "date": "29/03/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-538519.json", "html_url": "/legal/doc/nexus-sen-1-0034-538519", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-538519" }, { "id": "nexus-sen-1-0034-539358", "citation": "Res. 00014-2012 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "IDA Lesividad Action for Bahía Settlement Lot Adjudication Declared Expired", "title_es": "Lesividad del IDA por adjudicación de lotes en Asentamiento Bahía declarada caduca", "summary_en": "In this ruling, the Administrative Litigation Tribunal (Section VI) reviews a lawsuit filed by the Agrarian Development Institute (IDA) against the IDA Environmental Protection Association, seeking to annul a 1995 board resolution that allocated two lots in the Bahía Settlement, Osa, Puntarenas. IDA argued that the transfer harmed public interest and that the properties were public domain assets, which would exempt the action from any statute of limitations. The Tribunal analyzes the elements of public domain (subjective, objective, normative, and teleological) and concludes that the lots were not demanial property but private assets of IDA, as they lacked a specific legal designation and were intended for transfer to private individuals. Moreover, a land-use study confirmed the plots had no forest cover and were not part of the National Natural Heritage. Since they are not public domain, the ordinary limitations periods under the former Administrative Jurisdiction Law apply: four years from the act’s issuance to declare lesividad, and two months thereafter to file suit. Because the contested resolution dates from 1995 and the lesividad declaration from 2005, the Tribunal upholds the caducity defense and dismisses the action.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "30/01/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-539358.json", "html_url": "/legal/doc/nexus-sen-1-0034-539358", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-539358" }, { "id": "nexus-sen-1-0034-540142", "citation": "Res. 00035-2009 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental viability not directly contestable in administrative court", "title_es": "Viabilidad ambiental no es impugnable directamente en sede contenciosa", "summary_en": "The Administrative Court (Section VI) dismissed a lawsuit challenging SETENA environmental viability resolutions for real estate projects in Tamarindo. It held that environmental viability (or environmental license) is not a final act or an interlocutory act with independent effect, but rather a preparatory or instrumental act within the main authorization procedure (e.g., municipal construction permit). Therefore, it is not directly contestable in administrative court, unless it denies the application. Challenges must target the final authorization act, where environmental deficiencies may be raised. The ruling relies on Articles 36, 66.g, and 92.5 of the Administrative Procedure Code, and Articles 163.2 and 345.3 of the General Public Administration Law. The court clarified that this approach does not conflict with constitutional case law that has annulled environmental viabilities, since the administrative court's review is limited to legality, not fundamental rights protection.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "14/01/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-540142.json", "html_url": "/legal/doc/nexus-sen-1-0034-540142", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-540142" }, { "id": "nexus-sen-1-0034-541203", "citation": "Res. 00348-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ten-Year Possession of Land with Forest and Compliance with Article 7 of the Possessory Information Law", "title_es": "Posesión decenal de terreno con bosque y cumplimiento del artículo 7 de la Ley de Informaciones Posesorias", "summary_en": "The Agrarian Tribunal upholds the approval of possessory information proceedings for a property with forest cover, regeneration, and reforestation areas. The State Attorney’s Office appealed, claiming that forested lands are inalienable public domain and cannot be titled. The Tribunal rejects the appeal, finding that the petitioner proved ten-year possession, proper delimitation, and protection of the forest resource, in compliance with Article 7 of the Possessory Information Law as amended by Forestry Law No. 7575. The decision relies on a land-use certificate from INTA, a judicial inspection report, and witness testimony confirming over thirty years of possession, fencing, and reforestation activities. The ruling emphasizes that in forest possession, possessory acts must aim at protecting and conserving the natural resource rather than exploiting it, thereby constituting an ‘ecological possession.’ Registry inscription is ordered subject to legal protections for watercourses and public road rights-of-way.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "20/03/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-541203.json", "html_url": "/legal/doc/nexus-sen-1-0034-541203", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-541203" }, { "id": "nexus-sen-1-0034-541454", "citation": "Res. 00305-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Statute of limitations for possession interdicts in wildlife refuge areas", "title_es": "Caducidad en interdictos de posesión en zona de refugio de vida silvestre", "summary_en": "The Agrarian Tribunal of the Second Judicial Circuit of San José overturned the lower court ruling and dismissed as time-barred the possession interdict action filed by a corporation against a group of squatters in the Caño Negro National Wildlife Refuge. The corporation claimed that the defendants invaded its property in October 2009, but witness testimony and documentary evidence proved that entry occurred in 2007, more than three months before the lawsuit was filed. Applying Article 458 of the Civil Procedure Code supplementarily, which requires interdicts to be filed within three months of the start of disturbing acts, the court found that the defendants had engaged in possession activities since 2007, including building shacks and opening roads. Consequently, the court refrained from examining the merits and ordered the plaintiff to pay procedural and personal costs, including the Public Defender's fees.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "15/03/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-541454.json", "html_url": "/legal/doc/nexus-sen-1-0034-541454", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-541454" }, { "id": "nexus-sen-1-0034-542961", "citation": "Res. 00257-2012 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest harvesting does not require direct felling — annulment for lack of reasoning", "title_es": "Aprovechamiento forestal no requiere tala directa — anulación por falta de fundamentación", "summary_en": "The Criminal Appeals Court of Cartago annulled an acquittal by the Trial Court of Osa for lack of reasoning, in a case where W. was charged with harvesting forest products without a permit. The appeals court found that the trial judge misinterpreted Article 61 of the Forestry Law by requiring that the defendant had felled the trees to convict him, when the law also punishes cutting and sawing without a permit. It also criticized the judge for considering that a planted forest does not qualify as a forest under the Forestry Law, which is incorrect, as the legal definition covers both intervened and non-intervened forests. The court also faulted the judge for giving more weight to defense witnesses than to officials from MINAET without technical expertise. Consequently, the case was remanded for a new trial with a different panel, while the civil ruling remained untouched.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "18/05/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-542961.json", "html_url": "/legal/doc/nexus-sen-1-0034-542961", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-542961" }, { "id": "nexus-sen-1-0034-546117", "citation": "Res. 00153-2012 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Standing and validity of the Moín Container Terminal concession contract", "title_es": "Legitimación y validez del contrato de concesión de la Terminal de Contenedores de Moín", "summary_en": "The Administrative Appeals Court examines the lawsuit filed by CANABA and SINTRAJAP against the concession contract for the design, financing, construction, operation, and maintenance of the Moín Container Terminal (TCM). Multiple aspects are analyzed, including the standing of the parties, compliance with the principle of legality, the sufficiency of technical, economic, and environmental feasibility studies, the preclusion of challenges to the bidding terms, the potential environmental viability (VAP) as a valid instrument in projects that include design, and the absence of an illegal monopoly. The Court finds that CANABA has associational standing but dismisses the lawsuit on the merits, holding that the bidding process met legal requirements and that the VAP granted by SETENA is appropriate pending a final design for the full Environmental Impact Study. It also rejects claims of nullity based on modifications to the bidding terms or the non-completion of phase 1 of the Master Plan.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "06/08/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-546117.json", "html_url": "/legal/doc/nexus-sen-1-0034-546117", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-546117" }, { "id": "nexus-sen-1-0034-546122", "citation": "Res. 00159-2012 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Applicability of Expiration to IDA Revocation Procedures", "title_es": "Aplicabilidad de la caducidad a procedimientos de revocatoria del IDA", "summary_en": "The Administrative Court, Section VI, rules on a case against the Agrarian Development Institute (IDA) claiming expiration of the administrative revocation procedure for a land parcel, initiated for alleged abandonment and illegal sale. The judgment addresses whether Article 340 of the General Public Administration Law on expiration applies to IDA procedures, considering the nature of adjudicated assets and limitations under the Land and Colonization Law. It finds expiration applicable because the land is not public domain but private property with a special regime, and due process requires timely termination of proceedings. Having verified administrative inactivity exceeding six months, it declares the procedure expired and orders removal of the registry annotation. It also determines that after the legal fifteen-year limitations expired and the property was transferred, the IDA lost jurisdiction to impose new annotations or initiate a new proceeding, thereby protecting the consolidated property right.", "primary_topic_id": null, "topic_ids": [], "date": "13/08/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-546122.json", "html_url": "/legal/doc/nexus-sen-1-0034-546122", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-546122" }, { "id": "nexus-sen-1-0034-546350", "citation": "Res. 00580-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information proceeding for land with secondary forest is not public domain", "title_es": "Información posesoria sobre inmueble con bosque secundario no es bien demanial", "summary_en": "The Agrarian Court of the Second Judicial Circuit of San José confirms the lower court ruling that approved possessory information proceedings filed by a corporation over an approximately 11-hectare property used for pasture and regenerating secondary forest. The Attorney General's Office opposed, arguing that the wooded nature of the land made it state natural heritage. The Court rejects that argument, finding that the property is not primary forest and is not located within a protected wilderness area, therefore it is not public domain. The court finds the ten-year possession requirement met by adding the possession of the applicant's predecessors, in accordance with Article 7 of the Possessory Information Law after the constitutional ruling that struck down the interpretation requiring personal possession predating the creation of the protected area. The court emphasizes that the possessor has conserved natural resources, maintaining the stream protection zone and not harming the secondary forest. The judge who writes a separate note stresses that applying a legal framework designed for primary forests to a regenerating secondary forest would discourage that activity, which is beneficial for carbon capture and the fight against global warming.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "15/05/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-546350.json", "html_url": "/legal/doc/nexus-sen-1-0034-546350", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-546350" }, { "id": "nexus-sen-1-0034-547057", "citation": "Res. 00665-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over intellectual property linked to biodiversity", "title_es": "Competencia agraria en propiedad intelectual vinculada a biodiversidad", "summary_en": "The Agrarian Court of the Second Judicial Circuit of San José resolved a jurisdictional dispute in an ordinary proceeding concerning intellectual property rights related to an eco-label and the 'Climate Change Friendly' program. The plaintiff sought precautionary measures to protect her registered trademark and authorship of a program linked to biodiversity and agricultural production. The co-defendants challenged the agrarian court's jurisdiction, arguing the matter was civil or commercial in nature. Relying on precedent from the First Chamber and Article 108 of the Biodiversity Law, the Court held that disputes between private parties over intellectual property arising within agricultural production or biodiversity conservation are within the agrarian jurisdiction. The decision confirms that agrarian courts are competent to hear such cases, including those involving unfair competition claims, given their direct connection to productive activity and natural resource protection.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "31/05/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-547057.json", "html_url": "/legal/doc/nexus-sen-1-0034-547057", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-547057" }, { "id": "nexus-sen-1-0034-547130", "citation": "Res. 00438-2012 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Land-use change is an instantaneous crime, not permanent — statute of limitations applies", "title_es": "Cambio de uso del suelo es delito instantáneo, no permanente — prescripción procedente", "summary_en": "The Criminal Appeals Chamber of the Third Judicial Circuit of Alajuela, San Ramón, dismissed the prosecutor's cassation appeal and upheld the acquittal of the defendant on three charges of violation of the Forestry Law (land-use change and illegal logging) due to the expiration of the statute of limitations. The court analyzes the doctrinal classification of crimes into instantaneous, permanent, and state crimes, and concludes that the crime of land-use change provided in Articles 19 and 61(c) of the Forestry Law is an instantaneous crime with permanent effects (state crime), not a permanent crime. The verb \"to change\" describes a one-time action consummated the moment the nature of the soil is altered; the continued new use does not reiterate the criminal act. The court interprets Article 32 of the Criminal Procedure Code in harmony with the doctrine to cure its technical inaccuracy and sets the beginning of the limitations period at the moment of consummation, not at the cessation of effects. Applied to the facts, the period between the suspect's preliminary statement (October 20, 2008) and the first scheduling of the preliminary hearing (July 19, 2010) far exceeded the 18-month limitation period, so the criminal action was extinguished.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "01/06/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-547130.json", "html_url": "/legal/doc/nexus-sen-1-0034-547130", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-547130" }, { "id": "nexus-sen-1-0034-549268", "citation": "Res. 01275-2012 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Conviction for usurpation of public forestland — intent established despite claim of long-term possession", "title_es": "Condena por usurpación de dominio público forestal — dolo acreditado pese a alegato de posesión decenal", "summary_en": "The Criminal Appeals Tribunal confirms the conviction of an individual for the crime of usurpation of public domain property, committed against the State's Forest Heritage. The defendant clandestinely entered a property owned by MINAE and destined for forest conservation, carried out acts of possession such as introducing livestock, building corrals and a trough, and persisted in occupying it even after being notified and administratively evicted. The defense alleged agrarian possession for more than 20 years, good faith, and lack of intent, but the court rejected these arguments, finding that the defendant knew the land was state-owned and that his occupation post-dated the transfer from IDA to MINAE. The ruling analyzes the evidence to rule out any reasonable belief or mistake, and upholds the prison sentence, civil damages, and eviction.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "27/06/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-549268.json", "html_url": "/legal/doc/nexus-sen-1-0034-549268", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-549268" }, { "id": "nexus-sen-1-0034-550950", "citation": "Res. 00236-2012 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Expiration of IDA parcel revocation proceedings and private domain lands", "title_es": "Caducidad en revocatoria de parcelas del IDA y bienes de dominio privado", "summary_en": "The Contentious Administrative Tribunal, Section VI, declares the expiration of an IDA parcel revocation proceeding due to a halt exceeding six months attributable to the Administration. It determines that IDA procedures, although special, are subject to the principles of the General Law of Public Administration, including expiration. Furthermore, the nature of IDA assets is analyzed, concluding that parcels adjudicated to individuals are private domain goods, not public domain, and thus governed by ordinary property rules. The IDA is ordered to refrain from initiating a new revocation procedure, as the 15-year limitations under Article 67 of the Land and Colonization Law had expired, consolidating the plaintiffs' property right. The registry annotation of the administrative exhortation is annulled.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "25/10/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-550950.json", "html_url": "/legal/doc/nexus-sen-1-0034-550950", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-550950" }, { "id": "nexus-sen-1-0034-552000", "citation": "Res. 04399-2010 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of the Crucitas Mining Project concession and full environmental restoration", "title_es": "Nulidad de la concesión del Proyecto Minero Crucitas y reparación ambiental integral", "summary_en": "The Contentious-Administrative Tribunal, Section IV, annulled the environmental viability, the approval of changes without a new EIA, the exploitation concession, the national interest decree, and the land-use change permit for the Crucitas mining project. It held that these acts violated the principle of non-derogation of regulations by disregarding the mining moratorium decree, failed to require a new environmental impact study despite substantial changes, improperly applied conversion to an act already annulled by the Constitutional Chamber, and suffered from serious procedural, motivational, and substantive defects. The State, SINAC, and Industrias Infinito S.A. were ordered to provide full restoration of environmental damage, including forest restoration and cessation of works. The court rejected the defenses of res judicata, statute of limitations, consent, and prescription, ruling that a dismissed amparo action does not preclude examination of ordinary legality. It also found misuse of power and a fraud on the law in the project's processing.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "forestry-law-7575" ], "date": "14/12/2010", "year": "2010", "json_url": "/data/legal/docs/nexus-sen-1-0034-552000.json", "html_url": "/legal/doc/nexus-sen-1-0034-552000", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-552000" }, { "id": "nexus-sen-1-0034-552572", "citation": "Res. 00127-2012 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Declaration of settlers and right to a plot on fiscal lands in Quepos", "title_es": "Declaratoria de pobladores y derecho a lote en terrenos fiscales de Quepos", "summary_en": "The Administrative Contentious Tribunal, Section IV, decided a declaratory proceeding filed by occupants of dwellings on fiscal lands of the former “American Zone” in Quepos, which were leased to Compañía Palmatica S.A. The plaintiffs sought recognition as settlers and the grant of property title over the occupied parcels. After an extensive historical analysis of the banana contracts and colonization legislation (Law 133 of 1938 and Law 26 of 1939), the Tribunal declared that the plaintiffs—except one—hold the status of settlers. However, it denied the claim for direct ownership of the occupied properties, since it exceeded the legal provisions and there was a public environmental and cultural interest in the area. Instead, it ordered the State to convert and deliver an urban-suitable plot to each plaintiff for housing construction, on land within the same fiscal estates. It further ordered that the eviction cannot be carried out until the corresponding plot is handed over, and condemned the payment of improvements and interest.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "03/12/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-552572.json", "html_url": "/legal/doc/nexus-sen-1-0034-552572", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-552572" }, { "id": "nexus-sen-1-0034-555933", "citation": "Res. 02418-2012 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment for generic charge in illegal hunting in Tortuguero National Park", "title_es": "Nulidad por imputación genérica en caza ilegal en Parque Nacional Tortuguero", "summary_en": "The Criminal Sentence Appeals Tribunal of the Second Judicial Circuit of San José, by majority vote, overturned a conviction issued in summary proceedings against an individual charged with violating the Wildlife Conservation Law. Although the court found the flagrante delicto arrest valid and considered that serious and consistent circumstantial evidence pointed to his involvement in illegal hunting inside Tortuguero National Park —including possession of a dead paca, hunting equipment, and flight upon noticing authorities— the majority held that the prosecution's charge lacked a concrete description of the punishable act. The accused was not specifically charged with pursuing, harassing, or killing the animal; instead, the indictment merely described generic acts such as carrying objects and fleeing. This omission severely violated the right to defense and due process, as the defendant did not know precisely the circumstances and elements of the alleged crime. Since the defect could not be cured by remanding the case without prejudicing the accused, his acquittal was ordered. One judge issued a partial dissent, arguing that the defect was waived because the defense did not object and understood the charge.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "wildlife-law-7317" ], "date": "05/12/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-555933.json", "html_url": "/legal/doc/nexus-sen-1-0034-555933", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-555933" }, { "id": "nexus-sen-1-0034-556421", "citation": "Res. 00488-2012 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Illegal timber harvesting includes felling in protected areas", "title_es": "Aprovechamiento forestal ilegal incluye la tala en área protegida", "summary_en": "The Cartago Criminal Appeals Court overturns an acquittal for an offense against the Forestry Law. The trial judge had acquitted the defendant because she considered that the prosecution had only charged 'forest harvesting' while the proven conduct was 'felling,' which had not been charged. The Appeals Court corrects this restrictive interpretation: under Article 3 of the Forestry Law, timber harvesting expressly includes the action of cutting or felling trees. Moreover, Article 58(b) punishes anyone who harvests forest resources in protected areas for unauthorized purposes, without requiring proof of any specific economic benefit. The court finds that the prosecution's accusation adequately described the invasion of a protected area through unauthorized felling, making the appealed judgment contradictory and erroneous in the application of substantive law. It orders a new trial before a different trial panel.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "25/09/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-556421.json", "html_url": "/legal/doc/nexus-sen-1-0034-556421", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-556421" }, { "id": "nexus-sen-1-0034-557137", "citation": "Res. 00368-2011 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of municipal agreement for lack of reasoning in requiring environmental impact study", "title_es": "Nulidad de acuerdo municipal por falta de motivación en exigencia de estudio de impacto ambiental", "summary_en": "The Administrative Litigation Court annuls agreement SE-969-2009 of the Naranjo Municipal Council and consequently point 4 of agreement SE-7-197-2010, which had suspended the \"Agricultural Parcels\" subdivision project filed by Feruga Limitada and demanded an additional environmental impact study. While the Court acknowledges the Council's competence in urban planning matters and the validity of applying the principles of objective environmental protection and precaution when there are doubts about the project's nature (possible residential instead of agricultural) and the impact on water resources from five springs, it declares absolute nullity for total lack of reasoning. The agreement did not explain why a new EIA was required when SETENA had already granted environmental viability, and the local corporation did not attach the technical report that supported its doubts. The ruling instructs the municipality to act with proper justification in the exercise of its environmental police power, allowing the decision-making procedure to continue.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "30/09/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-557137.json", "html_url": "/legal/doc/nexus-sen-1-0034-557137", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-557137" }, { "id": "nexus-sen-1-0034-565582", "citation": "Res. 00046-2013 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "SINAC liability for omission in protecting State Natural Heritage", "title_es": "Responsabilidad del SINAC por omisión en protección del Patrimonio Natural del Estado", "summary_en": "The Administrative Contentious Court, Section Six, partially grants a lawsuit against the State and SINAC (National System of Conservation Areas) for failing to exercise their oversight and guardianship powers over a strip of land in the maritime-terrestrial zone of Sámara beach, which is State Natural Heritage. The ruling declares that the land, located between meridians 367.5–368 and parallels 206.5–207, is State Natural Heritage and must be administered by SINAC. It deems the inactivity of the Tempisque Conservation Area legally non-conforming, as it allowed logging, burning, extraction of flora and fauna, and introduction of exotic species, damaging the ecosystem. The State and SINAC are jointly and severally ordered to pay environmental damages to be determined during sentence enforcement, and the court orders registration of the property, its demarcation and signage, and measures for restoration and rehabilitation. The request to create a Regional Environmental Council is denied because legally constituted bodies already exist. Precautionary measures are maintained and extended. The court upholds the plaintiff's standing as a popular environmental action based on Article 50 of the Constitution and Article 106 of the Biodiversity Law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "06/03/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-565582.json", "html_url": "/legal/doc/nexus-sen-1-0034-565582", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-565582" }, { "id": "nexus-sen-1-0034-565604", "citation": "Res. 00024-2013 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of IDA official for irregular titling in Chirripó National Park", "title_es": "Despido de funcionario del IDA por titulación irregular en el Parque Nacional Chirripó", "summary_en": "The Administrative Appeals Court, Section V, reviews a lawsuit by an IDA official dismissed by the Comptroller General after a disciplinary administrative procedure. The official was sanctioned for signing official letter STA-251, which recommended titling a parcel in the Valle del General project, despite the cadastral map endorsed by MINAE warning that approximately 10% of the property lay within Chirripó National Park, part of the State’s natural heritage. The court rejects all of the plaintiff’s arguments: it confirms that the procedure respected due process, that the official qualifies as a public finance officer for having disposed of a public domain asset, and that the dismissal sanction was not disproportionate given the seriousness of the fault. It also dismisses the claims for damages due to lack of causation. Consequently, the court denies the lawsuit in its entirety, upholds the defenses of lack of standing for the State and lack of right, and orders the plaintiff to pay legal costs.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "11/03/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-565604.json", "html_url": "/legal/doc/nexus-sen-1-0034-565604", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-565604" }, { "id": "nexus-sen-1-0034-567323", "citation": "Res. 00023-2013 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Contentious Administrative Court recognizes property rights for a decennial possessor without agrarian-law limitations", "title_es": "Tribunal Contencioso reconoce derecho de propiedad a poseedor decenal sin limitaciones de ley agraria", "summary_en": "The Contentious Administrative Tribunal, Section IV, ruled in favor of Olivier Sánchez Jiménez, who proved decennial, quiet, public, peaceful, and continuous possession of three parcels in Coto Brus, Puntarenas, acquired by INDER from the defunct Banco Anglo. The Court held that INDER, through a 2004 Board agreement, recognized subjective rights of the historical occupants and could not disregard them without initiating a lesividad (nullity review) suit. It found that the plaintiff consolidated ownership via adverse possession (usucapión) before the donation to INDER, so titling must proceed without the limitations of Article 67 of the Land and Colonization Law (prohibiting transfer, encumbrance, or subdivision for 15 years). Nevertheless, the court imposed environmental protection on forested areas, springs, and streams on the parcels, ordering INDER to produce plans showing natural reserves and MINAE to inspect their conservation. It rejected the State’s and Comptroller’s defenses of lack of standing and right, and awarded costs against the defendants.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "water-law" ], "date": "21/03/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-567323.json", "html_url": "/legal/doc/nexus-sen-1-0034-567323", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-567323" }, { "id": "nexus-sen-1-0034-568417", "citation": "Res. 00032-2013 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Recognition of improvements and moral damages for eviction on INDER lands", "title_es": "Reconocimiento de mejoras y daño moral por desalojo en tierras del INDER", "summary_en": "The Administrative Contentious Court examines the claims of a group of good-faith occupants of a farm owned by INDER (formerly IDA) in Los Chiles, Alajuela, who sought title by adverse possession and claimed material and moral damages after an administrative eviction. The Court rejects acquisition by usucapion due to the absence of a just title and the special legal regime of INDER lands, which cannot be acquired by prescription. However, it partially grants the claim, ordering INDER to pay for the useful and necessary improvements (crops, infrastructure) made by the evicted occupants, with the amount to be determined in execution of sentence. It also awards subjective moral damages: three million colones to the claimant evicted despite having a pending selection request, and one million colones to each of the other claimants for the failure to timely pay those improvements, not for the eviction itself. Finally, it orders INDER to resolve the outstanding selection applications.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "23/04/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-568417.json", "html_url": "/legal/doc/nexus-sen-1-0034-568417", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-568417" }, { "id": "nexus-sen-1-0034-569227", "citation": "Res. 00041-2013 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Impossibility of Adverse Possession Over Lands Near Drinking Water Wells Due to Public Domain Status", "title_es": "Imposibilidad de usucapión sobre terrenos cercanos a pozos de agua potable por su carácter demanial", "summary_en": "The Administrative Contentious Court, Section IV, dismissed in all its parts a claim seeking adverse possession (usucapión) and registration of a plot located less than 200 meters from a drinking water well in La Cartonera, Corredores. After an extensive analysis of environmental law principles and the public domain regime for waters, the ruling concludes that the disputed land is indirectly affected to public use, because it is essential to guarantee the fundamental public service of water supply. Therefore, it constitutes a public domain asset, inalienable, imprescriptible, and unseizable, which cannot be the object of private possession or adverse possession. The Court also found a lack of right of the plaintiff, rejected her claim for damages, and warned the defendant municipality about the need to follow the 'lesividad' procedure to annul the still-existing declaratory act of rights in the plaintiff's favor.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "30/04/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-569227.json", "html_url": "/legal/doc/nexus-sen-1-0034-569227", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-569227" }, { "id": "nexus-sen-1-0034-570503", "citation": "Res. 00029-2013 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of IDA official for titling lands within Chirripó National Park", "title_es": "Despido de funcionario del IDA por titular tierras del Parque Nacional Chirripó", "summary_en": "The Administrative Contentious Tribunal reviewed a lawsuit by an IDA official dismissed by the Comptroller General after a disciplinary procedure. The sanction was imposed because the plaintiff signed a document recommending the titling of a property that partially overlapped with Chirripó National Park, considered state natural heritage. The plaintiff alleged procedural flaws, lack of field verification, statute of limitations, and due process violations. The Court rejected all arguments: it found that the procedure respected minimum guarantees, the limitation period had not expired, and the plaintiff, as a public finance officer, breached his duty of care by allowing public domain land to be transferred to a private individual. It upheld the validity of the Comptroller's acts and dismissed the lawsuit, ordering the plaintiff to pay costs.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "20/03/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-570503.json", "html_url": "/legal/doc/nexus-sen-1-0034-570503", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-570503" }, { "id": "nexus-sen-1-0034-570705", "citation": "Res. 00051-2013 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad and absolute nullity declared for land titling affecting State natural heritage", "title_es": "Declara lesividad y nulidad absoluta de titulación de parcela que afecta patrimonio natural del Estado", "summary_en": "The Administrative Appeals Court, Section IV, partially grants the lesividad action brought by the Rural Development Institute (INDER) and declares the absolute nullity of the Board of Directors' agreement that authorized the transfer of a parcel within the Los Chiles titling project, as it affects public domain assets forming part of the State's natural heritage. The ruling examines the requirements for declaring an administrative act creating subjective rights harmful to the public interest in the context of demanial property, and finds that the titling was vitiated by absolute nullity: it relied on an incomplete MINAET certification regarding the property's status as natural heritage, lacked a mandatory soil-use conformity study, and the land contained forest cover and wetlands that made it ineligible for titling under the Forestry Law. The Court holds that, as demanial assets —inalienable and imprescriptible— the lesividad action is not subject to any statute of limitations, and orders the cancellation of the corresponding registry entries.", "primary_topic_id": "property-and-titling", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "31/05/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-570705.json", "html_url": "/legal/doc/nexus-sen-1-0034-570705", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-570705" }, { "id": "nexus-sen-1-0034-578166", "citation": "Res. 01816-2012 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Fraud in the Nairi-Awari Indigenous Reserve through fraudulent collection of environmental service payments", "title_es": "Estafa en reserva indígena Nairi-Awari mediante cobro fraudulento de servicios ambientales", "summary_en": "The Third Chamber of the Supreme Court resolves a cassation appeal against a judgment convicting two officials of the National Commission of Indigenous Affairs (CONAI) for fraud to the detriment of the Integral Development Association of the Nairi-Awari Indigenous Reserve. The defendants, taking advantage of their positions, misled the board of directors into believing they would process FONAFIFO environmental service payments for the benefit of the community. They obtained the president's signature on a blank document, which they later used to falsely certify themselves as possessors of parcels within the reserve and collect the incentives personally. The Chamber upholds the fraud conviction, recognizes the Association's active standing for civil damages, and validates the application of indigenous customary law, according to ILO Convention 169 and Indigenous Law No. 6172, to determine that the defendants, being outsiders to the Cabécar ethnic group, could not possess land in the reserve. However, it upholds a cassation ground from the Public Prosecutor's Office for insufficient reasoning in sentencing, ordering a remand for new determination.", "primary_topic_id": null, "topic_ids": [ "indigenous-law-6172" ], "date": "05/12/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-578166.json", "html_url": "/legal/doc/nexus-sen-1-0034-578166", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-578166" }, { "id": "nexus-sen-1-0034-578271", "citation": "Res. 00385-2013 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Art. 61(a) Forestry Law — Forest harvesting does not require forest", "title_es": "Art. 61(a) Ley Forestal — Aprovechamiento forestal no exige bosque", "summary_en": "The Sentence Appeals Court of the Third Judicial Circuit of Alajuela, San Ramón, overturns an acquittal that had classified as atypical the felling of 35 trees on private pastureland, erroneously holding that the offense under Art. 61(a) of the Forestry Law only penalized cutting in forested areas. The appeal argues that “forestry” is not synonymous with “forest,” but a broad normative term covering any forest product, based on a systematic interpretation of the law (Arts. 1, 3, 6, 13, 27, and 61). The court grants the appeal, orders a retrial, and rules that the conduct is typical even in non-forested areas, such as pasturelands, when carried out without State Forestry Administration permission.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "26/06/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-578271.json", "html_url": "/legal/doc/nexus-sen-1-0034-578271", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-578271" }, { "id": "nexus-sen-1-0034-580743", "citation": "Res. 00036-2013 Tribunal Contencioso Administrativo Sección VII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of land titling over forested lands in Coto Brus", "title_es": "Nulidad de titulación de tierras con cobertura boscosa en Coto Brus", "summary_en": "The Administrative Court annuls an IDA agreement that titled a 296-hectare parcel to individuals, after proving that 59% of the land has forest cover according to FONAFIFO maps and therefore constitutes State natural heritage. The court upholds the IDA's lesividad claim, confirming that lands forming part of the State’s natural heritage are inalienable, unseizable, and imprescriptible, and that the administration may recover them without any time limit. The administrative segregation decision, the transfer public deed, and the corresponding registry entry are partially annulled, only as they relate to the co-defendants. The judgment clarifies that private possession over such assets creates no rights, and that lesividad actions aimed at protecting public domain are not subject to a statute of limitations. Costs are not imposed because the defendants had sufficient reason to litigate.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "procedural-environmental" ], "date": "27/06/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-580743.json", "html_url": "/legal/doc/nexus-sen-1-0034-580743", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-580743" }, { "id": "nexus-sen-1-0034-585397", "citation": "Res. 00068-2013 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Public Domain Property — Imprescriptible and Inalienable Nature of the State's Natural Heritage", "title_es": "Bien demanial — naturaleza imprescriptible e inalienable del Patrimonio Natural del Estado", "summary_en": "The Administrative Court denies the claim of two individuals who alleged possession over forested land and sought to annul its transfer from the Agrarian Development Institute (IDA) to the environment ministry. The Court finds that the parcel constitutes State Natural Heritage due to its forest cover, forestry aptitude, and location in a protective zone of the Banano River. It holds that such public domain assets are inalienable, unattachable, and imprescriptible, meaning private possession creates no rights and cannot lead to acquisition by adverse possession. The transfer to the environmental authority is deemed lawful, following recommendations from the Comptroller General. The claim is dismissed in its entirety, including claims for material and moral damages.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "29/07/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-585397.json", "html_url": "/legal/doc/nexus-sen-1-0034-585397", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-585397" }, { "id": "nexus-sen-1-0034-586937", "citation": "Res. 00093-2013 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ten-year possession of secondary forest not part of State natural heritage", "title_es": "Posesión decenal sobre bosque secundario no afecto al patrimonio natural del Estado", "summary_en": "The Agrarian Court confirms the approval of a possessory information proceeding over a 25-hectare property containing secondary forest, watercourse protection areas, and pasture with trees. The Attorney General’s Office appealed, arguing that the witness had only known the land for three years and that the forest was public domain as State natural heritage under the Forestry Law. The Court rejects both challenges. On the witness, it integrates his testimony with others that establish a derivative possession of over ten years from the previous possessor. Regarding the forest, after considering a technical study from INTA that classifies the terrain as regenerating secondary forest, it holds that declaring this type of forest as public domain would discourage forest regeneration by possessors, which would be environmentally counterproductive and undermine carbon sequestration. It concludes that the requirements of public, peaceful, continuous, and good-faith possession for over ten years are met, without needing to trace possession back to before the 1969 Forestry Law.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "31/01/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-586937.json", "html_url": "/legal/doc/nexus-sen-1-0034-586937", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-586937" }, { "id": "nexus-sen-1-0034-586940", "citation": "Res. 00096-2013 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling Forested Land Outside Protected Areas Through Possessory Information", "title_es": "Titulación de terreno boscoso fuera de ASP mediante información posesoria", "summary_en": "The Agrarian Court upholds the trial court's ruling granting possessory information over a 24-hectare forested property in Guanacaste, located outside protected wild areas. It rejects the appeal by the Attorney General's Office, which argued that forests are inalienable and imprescriptible public domain assets not susceptible to private possession or adverse possession. The Court holds that Article 7 of the Possessory Information Law, as amended by Forestry Law No. 7575, expressly authorizes titling of forested lands outside protected areas, provided the applicant proves ten-year possession, protection of forest resources, and proper demarcation. In this case, more than 15 years of continuous, peaceful possession were proven, along with the chain of transmission through inheritance, forest care, and demarcation by fences and lanes. The ruling relies on the constitutionality of Article 7 upheld by the Constitutional Chamber in opinion 4587-97, and orders registration with legal encumbrances (watercourse protection zones, public domain of waters).", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "31/01/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-586940.json", "html_url": "/legal/doc/nexus-sen-1-0034-586940", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-586940" }, { "id": "nexus-sen-1-0034-587076", "citation": "Res. 00192-2013 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Usucaption denied for lands within Golfo Dulce Forest Reserve as public domain assets", "title_es": "Improcedencia de usucapión en Reserva Forestal Golfo Dulce por ser bien demanial", "summary_en": "The Agrarian Tribunal denied the usucaption claim filed by a corporation over a property located entirely within the Golfo Dulce Forest Reserve, created by decree in 1978. The land, approximately 192 hectares, was registered under the Agrarian Development Institute (now INDER), but due to its location in a protected area, it constitutes Natural Heritage of the State, managed by MINAE-SINAC. The Tribunal found that the plaintiff failed to prove prescriptive possession for ten years prior to the creation of the reserve or fulfillment of the environmental function of forest conservation. Moreover, as a public domain asset, the property is inalienable and imprescriptible, and thus cannot be acquired through adverse possession. The INDER's counterclaim was upheld, ordering restitution of the property, while recognizing certain necessary and useful improvements on approximately 25 hectares, subject to the landowner's election. Once final, the administration of the property shall be transferred to the Ministry of Environment, not INDER, in accordance with constitutional jurisprudence.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "28/02/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-587076.json", "html_url": "/legal/doc/nexus-sen-1-0034-587076", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-587076" }, { "id": "nexus-sen-1-0034-587105", "citation": "Res. 00215-2013 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forests under two hectares in possessory information proceedings", "title_es": "Titulación de bosques menores a dos hectáreas en información posesoria", "summary_en": "The Agrarian Tribunal confirms the approval of a possessory information proceeding for rectification of measure on a 6,885 m² plot with forest cover. The majority holds that the property does not meet the definition of \"forest\" under Article 3 of Forestry Law No. 7575 because it is less than two hectares, and that Article 7 of the Possessory Information Law allows titling of forests outside protected areas when the applicant proves ten-year possession and protection of the resource. In a separate opinion, a judge dissents on the reasoning, arguing that the Forestry Law's definition of forest should not restrict titling and that forest resources are protected even in areas smaller than two hectares under environmental principles. The decision is affirmed unanimously, clarifying that the applicant met all requirements for possession, proper land use, and forest conservation.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "28/02/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-587105.json", "html_url": "/legal/doc/nexus-sen-1-0034-587105", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-587105" }, { "id": "nexus-sen-1-0034-588424", "citation": "Res. 00728-2013 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of Unregistered Forested Lands Inside or Outside Protected Areas", "title_es": "Posibilidad de titular terrenos no inscritos con cobertura forestal fuera o dentro de áreas protegidas", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding over a forested property outside a protected wild area. The Attorney General's Office appealed, arguing that forests are inalienable and imprescriptible public domain assets that cannot be privately possessed or titled. The Tribunal rejects this argument, relying on Article 7 of the Possessory Information Act—as amended by Forestry Law No. 7575—which expressly allows titling of forested lands outside protected areas, provided the applicant proves at least ten years of possession, protection of the natural resource, and proper delimitation of the property. The Constitutional Chamber has already upheld the constitutionality of that provision, which the Tribunal considers fully in force. In this case, the applicant demonstrated more than ten years of possession, land use in accordance with soil conservation, and fencing, so the registration in the Property Registry is confirmed.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "31/07/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-588424.json", "html_url": "/legal/doc/nexus-sen-1-0034-588424", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-588424" }, { "id": "nexus-sen-1-0034-588451", "citation": "Res. 00482-2013 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land via possessory information proceedings outside protected areas", "title_es": "Titulación de terrenos con bosque mediante información posesoria fuera de ASP", "summary_en": "The Agrarian Tribunal upholds the ruling that approved the registration of a property with forest and pasture through possessory information proceedings, having demonstrated legitimate ten-year possession and protection of natural resources. The property, located outside protected areas, was first possessed by the transferor's father for over 35 years and later by the son and the applicant company. The Attorney General's Office appealed, arguing that forest land is State Natural Heritage not subject to private possession, but the Tribunal holds that Article 7 of the Possessory Information Law, whose constitutionality was upheld by the Constitutional Chamber in ruling 4587-97, expressly allows titling of forested lands outside protected areas upon proof of ten-year possession, resource protection, and proper delimitation. This rejects arguments of inalienability and imprescriptibility. Testimonial evidence and judicial inspection confirmed public, peaceful, and uninterrupted possession and the applicants’ conservationist attitude.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "28/05/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-588451.json", "html_url": "/legal/doc/nexus-sen-1-0034-588451", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-588451" }, { "id": "nexus-sen-1-0034-588516", "citation": "Res. 00517-2013 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information over land with secondary forest and crops upheld against public domain claim", "title_es": "Información posesoria sobre terreno con bosque secundario y cultivos aprobada frente a reclamo de demanialidad", "summary_en": "The Agrarian Court upheld the approval of a possessory information proceeding over a 20-hectare property in Buenos Aires de Puntarenas, mostly used for crops (rice, corn, plantain, nampí) and 28.7 % secondary forest or scrubland. The Attorney General’s Office appealed, arguing that the presence of forest made the land part of the State’s Natural Heritage. The Court rejected the argument: because the forest is secondary and regenerated by the possessor, declaring it public domain would discourage forest regeneration. Decennial possession was proven through witness testimony and a judicial inspection, along with resource protection. A separate opinion elaborates on the evolution of “ecological possession,” the requirement to prove possession predating the creation of protected areas, and the view that secondary forest is not presumed public when it results from the possessor’s conservation activity. Registration is ordered subject to Forestry and Water Law restrictions.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "31/05/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-588516.json", "html_url": "/legal/doc/nexus-sen-1-0034-588516", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-588516" }, { "id": "nexus-sen-1-0034-588696", "citation": "Res. 00830-2013 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "IDA exhorts not enforceable against prior registered titles", "title_es": "Los exhortos del IDA no son oponibles a títulos inscritos con anterioridad al amparo del Registro", "summary_en": "The First Chamber of the Supreme Court partially overturns the lower court's ruling that had dismissed the lawsuit by Molaretto S.A. against IDA, the National Registry, and others. The company had purchased a farm in Alajuela in good faith, relying on the public registry, on July 30, 2009, by which time the statutory restrictions under Article 67 of Law 2825 had expired. Later, IDA submitted an exhort (executive order) to annul the registration and revert title to itself, based on the previous adjudicatee's waiver. The Chamber holds that although such exhorts are enforceable under Article 7 of Law 6735, this one could not be registered because at the time of filing (August 28, 2009) the property was already recorded in the plaintiff's name. The principle of registry publicity is affirmed: unregistered instruments are not enforceable against third parties acting in good faith. The registration in IDA's name is declared null and the farm must be registered in the name of Molaretto S.A., with costs imposed on the registrar and the National Registry.", "primary_topic_id": null, "topic_ids": [], "date": "04/07/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-588696.json", "html_url": "/legal/doc/nexus-sen-1-0034-588696", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-588696" }, { "id": "nexus-sen-1-0034-589878", "citation": "Res. 00103-2013 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Confirmation of dismissal of official for irregular titling of State Natural Heritage lands", "title_es": "Confirmación de despido de funcionario por titulación irregular de terrenos del Patrimonio Natural del Estado", "summary_en": "The Administrative Appeals Tribunal rejects the lawsuit filed by a former IDA official who challenged his disciplinary dismissal imposed by the Comptroller General’s Office. The plaintiff had participated in the titling of two parcels located within the Los Santos Forest Reserve and the Gandoca-Manzanillo National Wildlife Refuge, at a time when the rule allowing titling in national reserves (Article 8 of the Titling and National Reserves Law) had already been declared unconstitutional. The ruling finds no due process violations, determines that the plaintiff was a Public Treasury official by disposing of public domain assets, and confirms that the properties belonged to the State Natural Heritage and were inalienable. All claims for annulment, reinstatement, and damages are dismissed, the dismissal is upheld as lawful, and the plaintiff is ordered to pay costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "28/10/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-589878.json", "html_url": "/legal/doc/nexus-sen-1-0034-589878", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-589878" }, { "id": "nexus-sen-1-0034-589963", "citation": "Res. 00133-2013 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Adenda to environmental viability for SIEPAC transmission line rerouting in Matapalo does not require new public hearing", "title_es": "Adenda a viabilidad ambiental para cambio de ruta de línea de transmisión SIEPAC en Matapalo no requiere nueva audiencia pública", "summary_en": "The Administrative Contentious Court, Section VI, examined the legality of an addendum approved by SETENA to modify the route of the CR-7 Portalón subsection of the SIEPAC project, authorizing a rerouting to avoid wildlife refuges and unstable areas, passing near Matapalo. The plaintiff alleged procedural flaws, lack of public hearing, damage to biodiversity and health, and absence of MOPT permission. The Court concluded the addendum is legal: the rerouting was based on technical and environmental criteria, regulations did not require a full new assessment or public hearing for an addendum, and SETENA conducted prior technical evaluation. Moreover, the community actively participated in discussions on the route, safeguarding their rights. Expert evidence dismissed alleged damages to biodiversity and health. The lack of MOPT permission did not invalidate the addendum, as it remained an environmental commitment. The claim was dismissed, with the precautionary measure upheld until the judgment becomes final.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "04/11/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-589963.json", "html_url": "/legal/doc/nexus-sen-1-0034-589963", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-589963" }, { "id": "nexus-sen-1-0034-590038", "citation": "Res. 00400-2013 Tribunal de Apelación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Just compensation for land incorporated into Manuel Antonio National Park", "title_es": "Justiprecio de terreno incorporado al Parque Nacional Manuel Antonio", "summary_en": "The Court of Appeals for Contentious-Administrative and Civil Tax Matters reviewed the compensation amount set at first instance for the partial expropriation of a property owned by Desarrollos Playas Manuel Antonio S.A., included within the boundaries of Manuel Antonio National Park. The court held that just compensation must be based on the property's current market value at the time of the final judgment, without penalizing its location within the protected area. The compensation was modified to ₡1,848,494,000 colones; the indexation applied by the lower court was revoked; and legal interest was granted from the historical dispossession date of December 27, 1982, when Law 6794 effectively deprived the owner of its property rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/07/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-590038.json", "html_url": "/legal/doc/nexus-sen-1-0034-590038", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-590038" }, { "id": "nexus-sen-1-0034-591804", "citation": "Res. 00380-2013 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of Forest Land via Possessory Information Outside Protected Wild Areas", "title_es": "Titulación de terreno boscoso mediante información posesoria fuera de áreas silvestres protegidas", "summary_en": "The Agrarian Tribunal upholds a ruling approving a possessory information claim over forested land outside protected wild areas. The Attorney General’s Office objected, arguing forests are inalienable public domain goods and cannot be acquired by adverse possession. The Tribunal rejects this, holding that Article 7 of the Possessory Information Law expressly allows titling of forested areas if the claimant proves ten-year possession, protection of the natural resource, and proper demarcation. It distinguishes lands within protected areas—where possession must have consolidated ten years before the protection declaration—from those outside, where ten-year possession alone suffices. The constitutionality of this interpretation was upheld by the Constitutional Chamber in ruling 4587-97. Here, witness testimony sufficiently proved decennial possession, and the land registration was ordered.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "24/04/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-591804.json", "html_url": "/legal/doc/nexus-sen-1-0034-591804", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-591804" }, { "id": "nexus-sen-1-0034-591808", "citation": "Res. 00384-2013 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information within a protected zone: decennial possession and ecological possession", "title_es": "Información posesoria dentro de zona protectora: posesión decenal y posesión ecológica", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information claim over a 38-hectare property within the Nicoya Peninsula Protected Zone – Carmona Sector. The Attorney General's Office appealed, alleging errors regarding the property's location and failure to prove ecological possession. The Tribunal corrects the factual finding and confirms the land lies within the 1994 protected area. It interprets Article 7 of the Possessory Information Law, concluding the claimant proved personal possession since 1980, exceeding the ten-year period prior to the protected area’s creation. On ecological possession, the Tribunal considers the land use—pasture, abandoned pasture, and forest—the creek's forested protection area, and compliance with technical recommendations, as sufficient evidence. It elaborates on the concept and environmental purpose of protective zones, drawing on Attorney General opinions and historical legislation. Finally, it imposes statutory reserves and waterway and roadway protections.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "24/04/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-591808.json", "html_url": "/legal/doc/nexus-sen-1-0034-591808", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-591808" }, { "id": "nexus-sen-1-0034-591991", "citation": "Res. 00789-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land outside protected areas", "title_es": "Titulación de terrenos con cobertura boscosa fuera de áreas protegidas", "summary_en": "The Agrarian Tribunal annuls a lower court ruling that approved possessory information proceedings for a 72‑hectare forested parcel in Savegre, Puntarenas. The State argued that forests are public‑domain goods and therefore cannot be privately possessed or acquired by adverse possession. The Tribunal rejects that argument, recalling that Article 7 of the Possessory Information Law —whose constitutionality was upheld by the Constitutional Chamber— expressly allows titling of forested land outside protected areas if ten years of possession, protection of the resource, and proper demarcation are demonstrated. However, it finds that the judge failed to require the petitioner to respond to the soil‑use certificate issued by INTA, which recommended maintaining forest cover and promoting natural regeneration. It orders annulment of the judgment, grants the petitioner a hearing, and if he agrees to follow the recommendations, requires verification of compliance before issuing a new judgment.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "28/06/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-591991.json", "html_url": "/legal/doc/nexus-sen-1-0034-591991", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-591991" }, { "id": "nexus-sen-1-0034-591993", "citation": "Res. 00791-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of Forested Lands Through Possessory Information Proceedings", "title_es": "Titulación de terrenos con cobertura forestal mediante información posesoria", "summary_en": "This Agrarian Court ruling decides an appeal by the Attorney General's Office against the approval of possessory information proceedings over a forested property in Buenos Aires de Pacayitas, Turrialba. The State argued that forests are inalienable and imprescriptible public domain assets and therefore cannot be privately possessed or acquired by adverse possession. The Court rejects this argument, reaffirming that Article 7 of the Possessory Information Law —amended by Forestry Law No. 7575— expressly allows titling of forested lands outside protected areas, provided three requirements are met: proper demarcation, protection of forest resources, and ten years of quiet, peaceful, public, and uninterrupted possession. After reviewing witness testimony, technical certifications from INTA, and a judicial inspection report, the Court finds these elements satisfied and upholds the lower court's ruling ordering registration of the property.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "28/06/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-591993.json", "html_url": "/legal/doc/nexus-sen-1-0034-591993", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-591993" }, { "id": "nexus-sen-1-0034-592010", "citation": "Res. 00808-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land through possessory information", "title_es": "Titulación de terreno boscoso mediante información posesoria", "summary_en": "The Agrarian Court confirms the ruling approving a possessory information over a forested property located outside protected wild areas. The appellant, the Attorney General's Office, argued that forests are public domain assets and therefore inalienable and imprescriptible, meaning they cannot be titled to private individuals. The Court rejects this position and holds that Article 7 of the Possessory Information Law, as amended by Forestry Law 7575, expressly authorizes the titling of forested estates outside protected areas, provided that decennial possession, protection of the forest resource, and proper demarcation of the property are demonstrated. In this case, the promoters proved possession transmitted by their father for over forty years, compliant land use certified by INTA, and demarcation with fences and markers, so the registration is confirmed. This ruling reaffirms the validity of Article 7 and the possibility of titling forest lands under the established legal conditions.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "29/06/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-592010.json", "html_url": "/legal/doc/nexus-sen-1-0034-592010", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-592010" }, { "id": "nexus-sen-1-0034-592037", "citation": "Res. 00836-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possession in a protected zone must prove environmental function", "title_es": "Posesión en zona protectora debe acreditar función ambiental", "summary_en": "The Agrarian Court upheld the denial of a possessory information proceeding for a property located within the Río Toro Protected Zone. It held that while the petitioner proved possessory acts such as clearing, fencing, and maintaining a green area, such possession did not meet the environmental function required by Article 7 of the Possessory Information Law. The court ruled that in protected wild areas, specifically under the “protective zone” management category, possession must aim at protecting and conserving natural resources, going beyond ordinary possessory acts. Here, the land use as pasture and scrubland did not promote forest cover nor fulfill the public environmental purpose of protecting soil and water. Therefore, even if ten-year possession predated the zone’s creation, it was insufficient to obtain title.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "29/06/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-592037.json", "html_url": "/legal/doc/nexus-sen-1-0034-592037", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-592037" }, { "id": "nexus-sen-1-0034-592055", "citation": "Res. 00854-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land through possessory information proceedings", "title_es": "Posibilidad de titular terrenos con cobertura boscosa mediante información posesoria", "summary_en": "The Agrarian Court confirms the registration of a forested plot through possessory information proceedings, despite opposition from the State and the IDA, who argued that forests are inalienable public domain. The court holds that Article 7 of the Possessory Information Law, still in force after Forestry Law 7575, expressly allows titling of forested lands outside protected wild areas, provided that ten-year possession, resource protection, and demarcation are proven. The argument that the mere presence of forest automatically converts the land into State Natural Heritage is rejected, highlighting the possessor's conservation efforts. The ruling establishes that adverse possession is viable if legal requirements are met before any public domain designation.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "24/07/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-592055.json", "html_url": "/legal/doc/nexus-sen-1-0034-592055", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-592055" }, { "id": "nexus-sen-1-0034-592277", "citation": "Res. 01046-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction for damages from breach of forestry contract", "title_es": "Competencia agraria para daños por incumplimiento de contrato forestal", "summary_en": "The Agrarian Tribunal rules that a claim for damages arising from the inability to exploit timber under a forestry contract falls within agrarian jurisdiction, not administrative litigation. The dispute stems from a land overlap between two privately owned forested properties, seeking compensation for lost timber exploitation and for logging and environmental damage. Applying an agro-environmental criterion, the tribunal holds that timber extraction contracts regulated by forestry law involve a management plan structuring a forestry enterprise and thus constitute productive agrarian activity. Forest conservation and sustainable management are integral to agro-environmental activity. Although the properties are not State natural heritage, they are governed by the Forestry Law regarding private forest management. The tribunal overturns the lower court's declination of jurisdiction and orders the case to proceed within the agrarian courts.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "24/08/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-592277.json", "html_url": "/legal/doc/nexus-sen-1-0034-592277", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-592277" }, { "id": "nexus-sen-1-0034-595471", "citation": "Res. 00985-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land outside protected areas via possessory information", "title_es": "Procedencia de titular bosque fuera de área protegida mediante información posesoria", "summary_en": "The Agrarian Tribunal confirms the approval of possessory information proceedings for a property with forest cover located outside of protected wild areas. The appellant, the Attorney General's Office, argued that forests are public domain and inalienable, therefore not subject to private possession or adverse possession. The court rejects these claims, holding that Article 7 of the Possessory Information Law, as amended by Forestry Law 7575, expressly authorizes titling of forested land outside protected areas if the applicant proves ten-year possession, protection of the natural resource, and proper demarcation of the property. The decision relies on Constitutional Court ruling 4587-97, which upheld the constitutionality of that provision. Furthermore, witness testimony and expert evidence demonstrated more than ten years of quiet, public, peaceful, and uninterrupted possession, as well as the conservation of forest and water resources.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "14/08/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-595471.json", "html_url": "/legal/doc/nexus-sen-1-0034-595471", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-595471" }, { "id": "nexus-sen-1-0034-595798", "citation": "Res. 01063-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary measure for forest clearing denied for lack of proven threat", "title_es": "Medida cautelar por socola de bosque no se otorga al no acreditarse amenaza", "summary_en": "The Agrarian Court reviewed on appeal a precautionary measure requested by a counterclaiming defendant who alleged the plaintiffs had clandestinely entered the disputed property and were clearing forest and cutting trees to cultivate naranjilla. The trial judge denied the prohibitive precautionary measure after conducting an on-site judicial inspection without the requesting party's presence, as he had repeatedly submitted medical excuses. The inspection revealed areas without forest where naranjilla was being cultivated, but did not verify the claimed forest clearing or tree cutting. The Court upheld the decision, arguing that urgency and threat to the right were not proven, and that land with forestry aptitude can support sustainable development combining productive and conservation activities. It further held that atypical precautionary measures require certain and verifiable assessment parameters, not mere allegations. A possible dilatory intent on the part of the appellant was noted.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "28/08/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-595798.json", "html_url": "/legal/doc/nexus-sen-1-0034-595798", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-595798" }, { "id": "nexus-sen-1-0034-596857", "citation": "Res. 00032-2014 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest restitution ordered ex officio despite criminal acquittal", "title_es": "Restitución del bosque procede de oficio aun con absolución penal", "summary_en": "The Criminal Sentencing Appeals Court of Cartago partially annuls an acquittal from the Trial Court of Pérez Zeledón concerning illegal logging and land-use change in a protected area near a water source, where avocado trees were planted. The Appeals Court holds that, despite the defendants' acquittal based on reasonable doubt, the principle of forest irreducibility and procedural norms (Articles 140 and 466 of the Criminal Procedure Code) and substantive norms (Article 103 of the Criminal Code) compel the judge to order restitution to the state prior to the offense, even ex officio and without a civil damages action. The case is remanded for the trial court to rule on the restoration of the affected forest, after hearing the property owner, who was not a defendant. The acquittal is confirmed and the Public Prosecutor's appeal regarding the analysis of mistake of law is rejected.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "soil-conservation-7779", "forestry-law-7575", "criminal-environmental" ], "date": "28/01/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-596857.json", "html_url": "/legal/doc/nexus-sen-1-0034-596857", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-596857" }, { "id": "nexus-sen-1-0034-600181", "citation": "Res. 00089-2013 Tribunal Contencioso Administrativo Sección VII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of IDA's adjudication of lands forming part of the State's natural heritage", "title_es": "Nulidad de adjudicación del IDA sobre terrenos que constituyen patrimonio natural del Estado", "summary_en": "The Contentious-Administrative Tribunal, Section VII, partially grants the lesividad action filed by the Rural Development Institute (formerly IDA) against the cooperative COOPROSUR R.L. The challenged act is the 1998 IDA Board of Directors' agreement that segregated, adjudicated, and transferred approximately 292 hectares of the Nazareno Farm in Piedras Blancas de Osa to the cooperative, purportedly for protection and conservation. The Tribunal finds that the land was entirely covered by forest and therefore automatically formed part of the State's natural heritage under Articles 13 and 14 of the Forestry Law. Consequently, the agreement is absolutely null due to defects in its motive, content, and purpose, as it illegally disposed of a public domain asset—inalienable and imprescriptible—without the prior classification by MINAE required by Article 15 of the same law. It rejects the statute of limitations defense due to the imprescriptibility of public domain property and confirms the act's harmfulness to the public interest. It also annuls the transfer deed, orders a marginal note in the notarial protocol, and the delivery of the property to IDA, but denies placing SINAC in possession for lack of standing to request on behalf of a third party. No special award of costs is made due to sufficient grounds to litigate.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling", "procedural-environmental" ], "date": "13/12/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-600181.json", "html_url": "/legal/doc/nexus-sen-1-0034-600181", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-600181" }, { "id": "nexus-sen-1-0034-600222", "citation": "Res. 00344-2013 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Conviction upheld for forest extraction without permit on private property", "title_es": "Confirma condena por aprovechamiento forestal sin permiso en propiedad privada", "summary_en": "The Criminal Sentencing Appeals Court of the Third Judicial Circuit of Alajuela, in San Ramón, dismissed both grounds of appeal filed by the defendant's counsel and upheld the conviction issued by the Ciudad Quesada Trial Court. The defendant was found guilty of violating the Forestry Law under Article 61(a) in connection with Article 3(a) of Law No. 7575 for extracting forest products on private property without the required permit from the State Forest Administration. The defense argued lack of reasoning and breach of the rules of sound judgment, claiming the defendant merely sawed wood on the order of a third party and that no direct benefit was proven. The Appeals Court held that the lower court's judgment was sufficiently reasoned and that acting under another's mandate does not exempt from criminal liability, as each participant answers for their own actions. Furthermore, the benefit required by the offense was satisfied by fulfilling an order that would bring utility to the instructing party. The sentence of one month in prison was imposed with a three-year suspended sentence.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "06/06/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-600222.json", "html_url": "/legal/doc/nexus-sen-1-0034-600222", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-600222" }, { "id": "nexus-sen-1-0034-602220", "citation": "Res. 00201-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory titling of secondary forest land", "title_es": "Titulación posesoria de terrenos con bosque secundario", "summary_en": "The Agrarian Court confirms the approval of a possessory information proceeding for a 43-hectare property covered by secondary forest, requested by a corporation. The State Attorney General’s Office had objected, arguing that forested lands are public domain under historical forestry laws and constitutional jurisprudence, making them inalienable, imprescriptible, and not subject to adverse possession. The Court rejects that argument. It holds that Article 7 of the Possessory Information Law, as amended by Forestry Law 7575, expressly permits titling of forested areas if ten-year possession and resource protection are proven, and that Article 13 of the Forestry Law must be interpreted in harmony with that amendment. The Court finds that not all forested land automatically forms part of the natural heritage of the State, and here the qualified possession was demonstrated, along with the property’s location outside any protected area. The ruling further emphasizes that secondary forest regeneration is an environmentally beneficial activity that should not be punished by denying a property title.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "07/03/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-602220.json", "html_url": "/legal/doc/nexus-sen-1-0034-602220", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-602220" }, { "id": "nexus-sen-1-0034-603315", "citation": "Res. 01392-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land through possessory information proceedings", "title_es": "Titulación de terrenos con bosque mediante información posesoria", "summary_en": "The Agrarian Tribunal upheld the first-time registration of a 9.5-hectare property with pastures and secondary forest in Santa Cruz, Guanacaste, in favor of a private individual through possessory information proceedings. The Attorney General's Office appealed, arguing that forests are public domain assets and cannot be possessed or acquired by adverse possession by private parties. The Tribunal rejected the appeal and held that Article 7 of the Possessory Information Law, as amended by Forestry Law 7575, expressly allows the titling of forested land located outside protected wilderness areas, provided the applicant demonstrates ten-year possession, protection of the natural resource, and proper delimitation. The Constitutional Chamber, in decision 4587-97, declared this provision constitutional. In this case, possession for more than ten years, livestock activity compatible with conservation, and the absence of logging or forest damage were proven, so the titling was upheld.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "06/11/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-603315.json", "html_url": "/legal/doc/nexus-sen-1-0034-603315", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-603315" }, { "id": "nexus-sen-1-0034-603389", "citation": "Res. 00112-2012 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of agricultural-to-high-density-residential land-use change in Vásquez de Coronado", "title_es": "Anulación de cambio de uso de suelo agrícola a residencial de alta densidad en Vásquez de Coronado", "summary_en": "The Administrative Contentious Court, Section III, annulled the municipal agreement that applied the Fourth Transitional Provision of the Vásquez de Coronado Regulatory Plan to authorize a high-density housing project in an Agricultural Parcel Zone. The ruling found that the agreement lacked a legitimate motive, as there were no technical, environmental, or social studies to support it. Additionally, the transitional rule was incorrectly applied because the existence of squatter settlements with consolidated rights predating the plan was not proven. The Court emphasized that land-use certificates are declaratory acts that do not create rights, and that any urban-environmental decision must be based on environmental impact assessments and objective technical criteria, in application of the precautionary principle and the objectification of environmental protection.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "05/05/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-603389.json", "html_url": "/legal/doc/nexus-sen-1-0034-603389", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-603389" }, { "id": "nexus-sen-1-0034-603537", "citation": "Res. 00100-2012 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal denied for subdivision in special protection zone", "title_es": "Apelación negada para fraccionamiento en zona de protección especial", "summary_en": "The Administrative Contentious Court Section III upholds the denial of a subdivision plan approval for the 'Highland Ranch Ecological Estates' project. The court rules that despite being presented as a simple subdivision, the project constitutes a residential development given the required civil works — roads, sidewalks, potable water, wastewater treatment, and earthworks — and must meet all urban development requirements. The court interprets the applicable regulations: the GAM Regional Urban Development Plan (Decree 25902) creates a Special Protection Zone where only simple subdivisions along public roads existing prior to 1982 and equipped with utilities are allowed, while residential developments are restricted to expansion areas of urban blocks. The project lies outside such areas and within a high aquifer recharge zone. Arguments of vested rights based on preliminary administrative acts (land-use certificate and requirements resolution) are rejected as they did not create subjective rights. The Municipality acted lawfully.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "09/03/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-603537.json", "html_url": "/legal/doc/nexus-sen-1-0034-603537", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-603537" }, { "id": "nexus-sen-1-0034-604122", "citation": "Res. 00183-2014 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Conviction upheld for land-use change after clearing primary forest", "title_es": "Confirma condena por cambio de uso de suelo tras tala de bosque primario", "summary_en": "The Cartago Criminal Sentencing Appeals Court confirms a one-year prison sentence for land-use change (Forestry Law 7575, Art. 61(c)) after the defendant cleared approximately 20 hectares of primary forest and planted African palm in Cuatro Bocas, Corredores. The defense argued errors in weighing evidence: discrepancies in affected-area measurements, failure to prove the land met the legal definition of forest under Art. 3, and lack of direct proof linking the defendant to the clearing in one area. The court rejects all arguments. It finds that the trial court properly assessed MINAET officials' testimony describing species diversity, density, and extent exceeding statutory thresholds, along with evidence of affected wildlife and palm planting. A tractor driver's testimony that the defendant hired him and the corporate registry showing the defendant was president of the owning company establish authorship. The defense expert report was dismissed as it was conducted long after the forest had been destroyed. The court holds that the evidentiary evaluation followed the principle of derivation and upholds the conviction.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "14/05/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-604122.json", "html_url": "/legal/doc/nexus-sen-1-0034-604122", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-604122" }, { "id": "nexus-sen-1-0034-604201", "citation": "Res. 00188-2012 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of IDA forest-land transfer to cooperative for being State Natural Heritage", "title_es": "Nulidad de traspaso de terreno boscoso del IDA a cooperativa por ser Patrimonio Natural del Estado", "summary_en": "The Administrative Appeals Court, Section VI, annuls the 1998 IDA agreement that adjudicated and transferred 150 hectares of the Guaycará Cattle Farm to Sermucoop R.L. The ruling establishes that at the time of transfer the land already had forest cover and thus constituted State Natural Heritage (PNE) under articles 13, 14, and 15 of Forestry Law 7575. As a public domain asset, it was inalienable and imprescriptible and could not be subject to private appropriation. The court rejects the statute-of-limitations defense, reclassified as caducity, holding that actions to recover public domain assets are not subject to any time limit. It declares the absolute nullity of the IDA agreement and the transfer deed, orders the property be registered in the State's name, and directs the cooperative to deliver possession to MINAET. It also declares the illegality manifest and orders IDA to initiate proceedings to determine disciplinary or pecuniary liability of the involved officials. No special award of costs is made, recognizing sufficient grounds to litigate.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "14/09/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-604201.json", "html_url": "/legal/doc/nexus-sen-1-0034-604201", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-604201" }, { "id": "nexus-sen-1-0034-607375", "citation": "Res. 00048-2014 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Liability for environmental damage to wetland — conviction of Argon Transport S.A.", "title_es": "Responsabilidad por daño ambiental en humedal — condena a Argon Transport S.A.", "summary_en": "The Contentious-Administrative Tribunal, Section VI, partially granted the claim for environmental damage against Argon Transport S.A. and dismissed it against JAPDEVA, SINAC, and the State. The court found that the company deposited granular material (ballast) on 0.15 hectares of the Central Caribbean Zone Wetland (yolillo) without environmental feasibility or municipal permits. The Tribunal held that this filling was the direct cause of the damage, rejecting the joint liability of the public entities because there was no administrative inaction. Argon Transport S.A. is ordered to pay ₡779,323.20 in damages, to refrain from any works within the wetland’s area of influence, and to carry out, in coordination with SINAC, planned forestry enrichment with native species. The compensation will be deposited in a special account of the State Single Fund for the regeneration and rehabilitation of the wetland, under MINAE’s ownership. The precautionary suspension of works remains in force until the judgment becomes final.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "07/04/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-607375.json", "html_url": "/legal/doc/nexus-sen-1-0034-607375", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-607375" }, { "id": "nexus-sen-1-0034-608396", "citation": "Res. 00512-2013 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inapplicability of positive silence in urban-environmental matters", "title_es": "Improcedencia del silencio positivo en materia urbano-ambiental", "summary_en": "The Administrative Court annuls a municipal resolution of Naranjo that denied endorsements and land-use certificates for an agricultural subdivision, after recognizing that the Municipality had previously granted those acts. It reiterates that positive silence does not apply in urban or environmental matters, because control of urban development and environmental protection are non-waivable public duties. The ruling confirms 52 plan endorsements and the conditioned land-use certificate, subjecting any future construction to compliance with Chapter VI of the Subdivisions and Urbanizations Regulation and the hydrogeological study ordered by the Constitutional Chamber. The Municipality must supervise that the project adjusts to the environmental viability granted by SETENA and to Constitutional Chamber ruling 2010-014773.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "subdivision-fraccionamiento", "procedural-environmental" ], "date": "11/12/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-608396.json", "html_url": "/legal/doc/nexus-sen-1-0034-608396", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-608396" }, { "id": "nexus-sen-1-0034-610691", "citation": "Res. 01043-2014 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Transporting plantation timber requires certificate of origin", "title_es": "Movilización de madera de plantación requiere certificado de origen", "summary_en": "The Third Chamber of the Supreme Court resolves a cassation appeal filed by the Public Prosecutor against an acquittal for illegal timber transport. The appellate court had interpreted that Art. 28 of the Forestry Law exempts plantations from all permits, including transport permits, and that the seized teak pieces (average diameter 27 cm) did not qualify as logs under Art. 42. The Chamber clarifies that while Art. 28 exempts from cutting and transport permits, Art. 31 requires a certificate of origin for moving plantation timber — a document distinct from a permit — aimed at ensuring legitimate provenance. It also rejects the appellate court's interpretation of the 29 cm minimum diameter, considering it only relevant for forest tax purposes and not for excluding the obligation to carry the certificate. It thus grants the appeal, overturns the acquittal, and orders remanding for a new appellate review.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "27/06/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-610691.json", "html_url": "/legal/doc/nexus-sen-1-0034-610691", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-610691" }, { "id": "nexus-sen-1-0034-611009", "citation": "Res. 01164-2014 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Statute of limitations in ideal concurrence and procedural fraud with IDA-restricted property", "title_es": "Prescripción en concurso ideal y estafa procesal con bien sujeto al IDA", "summary_en": "The Third Chamber of the Supreme Court dismissed the cassation appeal filed by the Public Prosecutor's Office against an acquittal by the Criminal Appeals Court. The ruling addresses two main legal issues. First, when the statute of limitations should be declared for crimes forming an ideal concurrence: the Chamber reaffirms that, to avoid harming the factual framework and the principle of res judicata, the statute of limitations must be decided in the judgment, not before trial, and the facts related to the time-barred crime cannot support a conviction for other offenses. Second, on the merits, it confirms the acquittal for procedural fraud because the alleged victim was aware of the restrictions imposed by the Instituto de Desarrollo Agrario (IDA) on the property given as mortgage guarantee and consented to the legal transaction, thereby ruling out deceit and financial harm, elements required for this crime. The decision emphasizes the need for a comprehensive assessment of the ideal concurrence and the requirement to prove all elements of procedural fraud.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "04/07/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-611009.json", "html_url": "/legal/doc/nexus-sen-1-0034-611009", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-611009" }, { "id": "nexus-sen-1-0034-611193", "citation": "Res. 00303-2013 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possibility of titling forested land through possessory information", "title_es": "Posibilidad de titular terreno con bosque mediante información posesoria", "summary_en": "The Agrarian Court upholds the approval of a possessory information proceeding over a property containing mountain forest, coffee and pasture, rejecting the appeal of the Attorney General's Office. The State argued that forests are public domain goods forming part of the Natural Heritage of the State since the 1969 Forestry Law, and thus cannot be possessed by private individuals or acquired by adverse possession. Citing First Chamber precedent, the Court distinguishes three categories within the forest heritage: the forest regime, private property uses, and national reserves. It holds that only national reserves—unowned lands not subject to private property—are inalienable and imprescriptible. Outside protected wild areas, titling of forested land is possible provided decennial possession predating the protected area’s creation and protection of the natural resource are demonstrated. The on-site inspection confirmed conservation of the forest and no tree cutting; testimonial evidence proved more than ten years of possession. The ruling therefore orders registration, subject to mandatory protection of water sources and riverbanks under the Forestry Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "22/03/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-611193.json", "html_url": "/legal/doc/nexus-sen-1-0034-611193", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-611193" }, { "id": "nexus-sen-1-0034-612504", "citation": "Res. 00947-2013 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land through agricultural possessory information proceedings", "title_es": "Titulación de inmueble con bosque mediante información posesoria agraria", "summary_en": "The Agrarian Tribunal upholds a lower court ruling ordering the registration of a 20.9-hectare forested property located outside protected wild areas in Gigante de Paquera, Puntarenas, in favor of a private individual. The applicant proved more than ten years of possession—both personal and transmitted—forest protection, and proper boundary demarcation, satisfying Article 7 of the Possessory Information Law. The Tribunal rejects the State's argument that the land forms part of the National Natural Heritage, clarifying that Article 7 allows titling of forested parcels when these conditions are met, even with transmitted possession. The ruling also imposes legal reservations such as respecting watercourse protection zones and prohibiting tree cutting without a permit.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "04/10/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-612504.json", "html_url": "/legal/doc/nexus-sen-1-0034-612504", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-612504" }, { "id": "nexus-sen-1-0034-612696", "citation": "Res. 00412-2013 Tribunal Contencioso Administrativo Sección IX", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mallon Oil must complete EIA for Phase I oil prospecting", "title_es": "Mallon Oil debe cumplir con EIA para la Fase I de prospección petrolera", "summary_en": "The Contentious-Administrative Tribunal, Section IX, dismissed Mallon Oil Company's lawsuit against the State, which sought to compel the Executive to sign the concession contract for hydrocarbon exploration and exploitation in blocks 5–10. The company argued it had fulfilled the environmental impact study requirement by submitting an information compilation and analysis project, which SETENA mistakenly approved as an EIA. However, the Court concluded that this document does not constitute a true EIA, as it only involved desktop activities without environmental impact, whereas the regulations require fieldwork for Phase I prospecting. Consequently, the award lacked legal efficacy and the State is not obligated to sign the contract. The ruling reaffirmed the precautionary principle, the objective environmental protection principle, and the reversal of the burden of proof.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "17/05/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-612696.json", "html_url": "/legal/doc/nexus-sen-1-0034-612696", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-612696" }, { "id": "nexus-sen-1-0034-613475", "citation": "Res. 01062-2013 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Affirmed possessory titling of mixed land with forest, scrub, and fallow", "title_es": "Confirmación de titulación posesoria de terreno mixto con bosque, charral y tacotal", "summary_en": "The Agrarian Tribunal affirms the approval of possessory information proceedings over a 119-hectare property with pasture, forest, scrub, and fallow land. The Attorney General’s Office appealed, arguing that the forest is public domain and unregistrable, and that no decennial possession was proven. The Tribunal rejects both: evidence — MINAE’s soil-use certificate, witness testimony, judicial inspection, and certifications — demonstrates over 10 years of quiet, public, and peaceful possession, including acts like building a house, fences, lanes, and protection of primary forest. Regarding the land’s character, the ruling distinguishes between forest (Forestry Law art. 3), scrub, and fallow; 60% is under forest protection, but allowing regeneration on the rest shows conservation intent. Furthermore, article 7, paragraph 2 of the Possessory Information Law permits titling forested areas if the possessor proves decennial possession and resource protection, with boundaries and fences — all present here. Denying titling for allowing regeneration would be contradictory and discourage conservation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "14/11/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-613475.json", "html_url": "/legal/doc/nexus-sen-1-0034-613475", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-613475" }, { "id": "nexus-sen-1-0034-614406", "citation": "Res. 00126-2014 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of land title in Wildlife Refuge through lesividad action", "title_es": "Nulidad de titulación de terreno en Refugio de Vida Silvestre por lesividad", "summary_en": "The Administrative Contentious Court, Section VI, granted the lesividad action brought by the Agrarian Development Institute (IDA, now Inder) against two individuals, annulling the 2005 Board of Directors agreement that segregated and transferred a 82.64-hectare property in Pital de San Carlos. The court verified that the property lies entirely within the Maquenque Mixed National Wildlife Refuge and is covered by natural forest, thus belonging to the State's natural heritage as an inalienable and imprescriptible public domain asset. The titling violated articles 13, 14 and 15 of the Forestry Law by failing to comply with prior land classification and natural heritage protection requirements. The transfer deed and the registry entry were also annulled, and the precautionary measure of immobilization was maintained. The defendants' defenses were dismissed, but they were not ordered to pay costs given their reason to litigate.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling", "procedural-environmental" ], "date": "14/08/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-614406.json", "html_url": "/legal/doc/nexus-sen-1-0034-614406", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-614406" }, { "id": "nexus-sen-1-0034-615168", "citation": "Res. 00137-2014 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad declaration by incompetent body — inadmissibility of claim", "title_es": "Declaratoria de lesividad por órgano incompetente — inadmisibilidad de la demanda", "summary_en": "The Administrative Contentious Tribunal, Section VI, declares inadmissible the lesividad claim filed by the National University (UNA) against an employee, finding an incurable flaw in the procedural requirement. The UNA sought to annul a resolution of the Administrative Career Commission that awarded the defendant ten additional points for formal education. However, the prior lesividad declaration (resolution 001-2011) was issued by the Commission itself —a deconcentrated body— and not by the supreme hierarchical superior (University Council), as required by article 34 of the Code of Administrative Contentious Procedure (CPCA). The Tribunal reasons that, although the supreme head cannot review acts of a maximum deconcentrated body in its exclusive domain, a lesividad declaration does not constitute a substantive review but merely a procedural prerequisite, which the law reserves for the supreme head. Due to this breach, the claim was inadmissible and the UNA was ordered to pay both costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/09/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-615168.json", "html_url": "/legal/doc/nexus-sen-1-0034-615168", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-615168" }, { "id": "nexus-sen-1-0034-615281", "citation": "Res. 00100-2014 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquittal for lack of criminality in cleaning a trail on private property inside Turrialba Volcano National Park", "title_es": "Absolución por atipicidad en limpieza de sendero en propiedad privada dentro de Parque Nacional Volcán Turrialba", "summary_en": "The Criminal Appeals Court of Cartago overturns the conviction for invasion of a protected area, holding that the lower court erroneously applied Article 58 of the Forestry Law 7575 and the ICT Law. The correct laws were Article 7 of the Land and Colonization Law and Articles 32(c) and 37 of the Environmental Organic Law. The court finds that the defendant's property, although located within the Turrialba Volcano National Park, is private land held under a legitimate title. The State had neither purchased nor expropriated the land with prior compensation, nor had the owner voluntarily submitted to the forestry regime. Cleaning a pre-existing trail on his own farm does not constitute a crime; thus, the defendant is acquitted of all criminal and civil liability due to lack of criminality of the act.", "primary_topic_id": null, "topic_ids": [], "date": "17/03/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-615281.json", "html_url": "/legal/doc/nexus-sen-1-0034-615281", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-615281" }, { "id": "nexus-sen-1-0034-615439", "citation": "Res. 00201-2014 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Admissibility of appeal against order suspending trial on probation for environmental crime", "title_es": "Admisibilidad del recurso de apelación contra auto que suspende el proceso a prueba en delito ambiental", "summary_en": "The Criminal Sentencing Appeals Court of Guanacaste upholds an appeal filed by the Attorney General's Office, representing natural resources as the victim, against an order that validated a reparation plan and granted the suspension of trial on probation in a case of illegal timber harvesting. The lower court had approved the agreement without the express approval of the Attorney General's Office, despite it having appeared as a party. The Chamber analyzes the admissibility of the appeal and, departing from a restrictive literal interpretation of Article 458 of the Criminal Procedure Code, concludes that an appeal against the order resolving probation is admissible, applying the principles of prompt justice, procedural speed, and reasonableness, and in line with constitutional case law recognizing the victim's right to challenge such decisions. The challenged order is annulled and the case is remanded for further proceedings in accordance with the law, guaranteeing the victim's effective participation in the establishment of the reparation plan.", "primary_topic_id": null, "topic_ids": [], "date": "19/09/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-615439.json", "html_url": "/legal/doc/nexus-sen-1-0034-615439", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-615439" }, { "id": "nexus-sen-1-0034-616120", "citation": "Res. 00080-2014 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquiescence in lesividad proceeding over IDA land segregation affecting State Natural Heritage", "title_es": "Allanamiento en proceso de lesividad por segregación de predio del IDA en zona de Patrimonio Natural del Estado", "summary_en": "Section VI of the Contentious-Administrative Tribunal heard an acquiescence filed by Jadimar Bosques de Doña Rosa S.A. in a lesividad proceeding brought by the Agrarian Development Institute (IDA). The lawsuit sought the partial absolute nullity of a 2003 IDA board agreement that segregated a lot from the Llanuras de San Carlos y Sarapiquí titling project in favor of the defendant company, alleging non-compliance with State Natural Heritage protection rules. It also requested the annulment of the related public deed and the closure of the property's registry entry. The tribunal verified that the acquiescence was express, unequivocal, and compliant with the legal system, without harm to the public interest. It found that the company freely accepted the nullity of acts that had previously granted it a patrimonial advantage, reserving only potential possessory rights. Finding no substantial legal violation or defect in the lesividad requirements, the court granted the lawsuit and ordered the requested nullifications and registry measures, respecting the cost arrangement reached during conciliation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "03/06/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-616120.json", "html_url": "/legal/doc/nexus-sen-1-0034-616120", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-616120" }, { "id": "nexus-sen-1-0034-616123", "citation": "Res. 00084-2014 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad annulment of agrarian titling over Public Natural Heritage land", "title_es": "Lesividad de titulación agraria sobre terreno del Patrimonio Natural del Estado", "summary_en": "The Administrative Court hears a lesividad (harmfulness) claim filed by the Rural Development Institute (INDER) against an individual, seeking to annul the titling of a property granted by the former IDA in 2005, on the grounds that the land belongs to the State's Natural Heritage and its allotment violated protective regulations. The defendant acquiesced, and the Court accepts the acquiescence after verifying that it does not infringe the legal order and that the procedural requirements for lesividad are met: standing of the issuing entity, affected public interest, and a favorable act to an individual. The ruling grants the claim, annuls the IDA Board agreement, the public deed of transfer, and the registry entry, ordering the cancellation of the respective inscription. No costs are awarded because the acquiescence occurred before the preliminary hearing, in accordance with Article 197.1 of the Administrative Procedure Code.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "10/06/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-616123.json", "html_url": "/legal/doc/nexus-sen-1-0034-616123", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-616123" }, { "id": "nexus-sen-1-0034-617960", "citation": "Res. 00980-2011 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Tacotal and forest cover under 2 hectares are not state natural patrimony", "title_es": "Tacotal y cobertura boscosa menor a 2 hectáreas no son patrimonio natural del Estado", "summary_en": "The Agrarian Tribunal upholds the approval of possessory information proceedings for a plot of approximately 1.18 ha, mostly pasture, with a small area of forest cover (0.2 ha). The Attorney General's Office appealed, arguing that the forest cover constituted state-owned natural patrimony and was thus inalienable. The Tribunal rejects this argument: it applies the technical definition of forest in Article 3(d) of Forestry Law 7575 (more than 2 ha, >70% canopy cover, specific density) and concludes that 0.2 ha does not meet these requirements. It distinguishes between secondary forest, tacotal (thicket), and forest cover undergoing natural regeneration, holding that the latter is not public domain forest. It stresses that denying title to a possessor who has conserved and allowed natural regeneration would discourage positive environmental practices. One judge issues a concurring opinion arguing that the legal definition of forest should not limit environmental protection of smaller ecosystems, but agrees to uphold the judgment because the possessory requirements and resource protection were proven.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "09/09/2011", "year": "2011", "json_url": "/data/legal/docs/nexus-sen-1-0034-617960.json", "html_url": "/legal/doc/nexus-sen-1-0034-617960", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-617960" }, { "id": "nexus-sen-1-0034-618640", "citation": "Res. 00339-2014 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest restitution can be ordered ex officio despite criminal acquittal", "title_es": "Restitución del bosque procede de oficio pese a absolutoria penal", "summary_en": "The Criminal Sentence Appeals Court of Cartago partially upheld an appeal by the Attorney General's Office and ordered the case remanded for the trial court to rule on restoring the damaged forest to its original state. The lower court had acquitted the defendant of building a trail in a forest, illegal logging, removal, and transportation of timber due to reasonable doubt. However, the appellate court held that environmental harm—felling 31 trees and opening a 160-meter trail in secondary forest—was proven, and restitution must be ordered even ex officio, regardless of criminal liability, based on the principle of forest non-reduction and the constitutional right to a healthy environment. The other grounds of appeal were dismissed, upholding the acquittal and rejecting the challenge to a co-defendant's suspended probation process.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "31/07/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-618640.json", "html_url": "/legal/doc/nexus-sen-1-0034-618640", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-618640" }, { "id": "nexus-sen-1-0034-619080", "citation": "Res. 00469-2014 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Correct classification of the crime of invasion in a protected area", "title_es": "Correcta calificación del delito de invasión en área de protección", "summary_en": "The Cartago Criminal Sentencing Appeals Court overturned a dismissal due to statute of limitations for two defendants accused of illegally building in a stream protection area. The trial judge had classified the conduct as forest harvesting on private property (art. 61(a) of the Forestry Law) and declared the criminal action time-barred. However, the Appeals Court ruled that the facts actually constituted the crime of invasion of a protected area (art. 58(a)), which is a permanent-effect offense. Because it is permanent, the statute of limitations does not begin to run as long as the illegal occupation continues. The court concluded that the criminal action was not time-barred, declared the appealed judgment ineffective, and ordered the case remanded for further proceedings. The ruling emphasizes the judge's duty to correctly classify the facts, regardless of the parties' proposed charges, and establishes that permanent environmental crimes do not prescribe while harm to the protected legal interest persists.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "09/10/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-619080.json", "html_url": "/legal/doc/nexus-sen-1-0034-619080", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-619080" }, { "id": "nexus-sen-1-0034-619392", "citation": "Res. 00158-2014 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "FUNDAZOO challenge to zoo regulation annulled", "title_es": "Anulación de reglamento zoológicos por FUNDAZOO", "summary_en": "The Sixth Section of the Administrative Court dismisses the claim by Fundación Pro Zoológicos against Executive Decree 37747-MINAE, which regulates the Simón Bolívar Zoo and the Santa Ana Conservation Center. FUNDAZOO alleged absolute nullity of the decree due to breach of Law 7369, lack of motivation, excess of regulatory power, and unilateral modification of its administration contract. The Court concluded that the decree is valid, does not remove the assets from the public domain, maintains exhibition as a zoo objective while regulating its form, and reproduces contractual obligations without imposing new sanctions. The claim is dismissed in its entirety and costs are awarded against the plaintiff.", "primary_topic_id": null, "topic_ids": [], "date": "10/10/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-619392.json", "html_url": "/legal/doc/nexus-sen-1-0034-619392", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-619392" }, { "id": "nexus-sen-1-0034-620703", "citation": "Res. 00513-2014 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Statute of limitations for permanent-effect forestry crimes", "title_es": "Prescripción en delitos forestales de efectos permanentes", "summary_en": "The Cartago Criminal Sentence Appeals Court overturns a definitive dismissal due to statute of limitations in favor of a defendant accused of forestry crimes. The trial court had found the criminal action time-barred after 1.5 years from the investigative statement, applying ordinary time limits. The Attorney General's Office appealed, arguing that the acts —illegal logging, land-use change, trail opening, and invasion of protection areas— constitute permanent-effect crimes, whose limitation period starts when the effects cease, per Article 32 of the Criminal Procedure Code. The Appeals Court grants the appeal, finds the lower court failed to analyze whether the effects persisted, and orders remand for a new trial.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "31/10/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-620703.json", "html_url": "/legal/doc/nexus-sen-1-0034-620703", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-620703" }, { "id": "nexus-sen-1-0034-620728", "citation": "Res. 00279-2014 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Illegal timber harvesting does not require proving felling, only unauthorized utilization", "title_es": "Aprovechamiento ilegal de madera no requiere demostrar tala, solo aprovechamiento sin permiso", "summary_en": "The Guanacaste Criminal Appeals Court upholds a conviction for illegal timber harvesting under Article 61(a) of Forestry Law 7575. The defense argued the indictment lacked detail and that the defendant, an employee, lacked intent because he was not required to verify permits. The court rejects both arguments: the trial court's ruling sufficiently described the facts, the defendant's participation, and the evidence proving the absence of permits. It emphasizes that the offense does not require proving the tree was felled, only the unauthorized utilization of the timber. Because the defendant admitted the facts in a fast-track proceeding and was caught in flagrante delicto, the defense cannot challenge on appeal evidence it had the opportunity to contest at trial. The appeal is dismissed.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "27/11/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-620728.json", "html_url": "/legal/doc/nexus-sen-1-0034-620728", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-620728" }, { "id": "nexus-sen-1-0034-623323", "citation": "Res. 00792-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land through possessory information and protection of forest resources", "title_es": "Titulación de terreno con bosque mediante información posesoria y protección del recurso forestal", "summary_en": "The Agrarian Court reviews a possessory information proceeding concerning a forested property bordering the Juan Castro Blanco National Park. The Attorney General's Office appealed the trial court's approval of the titling, arguing that forested land is part of the public domain and thus inalienable and not subject to adverse possession. The Court dismisses the appeal and upholds the ruling. It notes that the 1996 Forestry Law reform to Article 7 of the Possessory Information Law permits adverse possession of forested lands if the claimant demonstrates ecological possession for more than ten years—that is, possession aimed at conserving the forest resource. Here, the court found that the petitioner and his transferor exercised decennial possession, conserving the forest and conducting cattle ranching compatible with protecting water resources and land use, thereby fulfilling the economic, social, and environmental function of the property.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "12/09/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-623323.json", "html_url": "/legal/doc/nexus-sen-1-0034-623323", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-623323" }, { "id": "nexus-sen-1-0034-623330", "citation": "Res. 00803-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land through possessory information proceedings", "title_es": "Titulación de terrenos con bosque mediante información posesoria", "summary_en": "The Agrarian Tribunal reviewed an appeal by the Attorney General's Office against a lower court decision that granted a possessory information claim over an 18-hectare property containing pasture, forest, and scrubland in San Carlos. The Attorney General argued that forested land forms part of the State's Natural Heritage, making it inalienable and imprescriptible, thus not subject to titling. The Tribunal affirmed the appealed decision, holding that Article 7 of the Possessory Information Law expressly allows the titling of forested properties located outside protected wild areas, provided that decennial possession, protection of natural resources, and proper boundary demarcation are demonstrated. It found that the claimant satisfied these requirements through testimonial and documentary evidence, including proof of onerous acquisition. The Tribunal also noted that the constitutionality of this provision was upheld by the Constitutional Chamber in ruling 4587-97.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "17/09/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-623330.json", "html_url": "/legal/doc/nexus-sen-1-0034-623330", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-623330" }, { "id": "nexus-sen-1-0034-623334", "citation": "Res. 00819-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of possessory information for failure to resolve opposition regarding protected wild areas", "title_es": "Nulidad de información posesoria por no resolver oposición sobre áreas silvestres protegidas", "summary_en": "The Agrarian Court annuls a first-instance ruling that had approved possessory information proceedings to title a property adjacent to the Río Macho Forest Reserve. The Attorney General's Office argued that the submitted cadastral map modified an earlier one, increasing the area by over 4,000 square meters and encroaching on lands of the forest reserve, which are public domain. The first-instance judge failed to address these arguments or state reasons for dismissing them, simply approving the proceedings without ruling on the State's opposition. The Court holds that this constitutes an incomplete judgment that violates due process and requires, under Article 54 of the Agrarian Jurisdiction Law, that all points raised in debate be resolved. Consequently, it annuls the judgment and orders the lower court to issue a reasoned decision on the nullity arguments raised by the Attorney General's Office, clarifying the possible overlap with the Río Macho Forest Reserve before deciding on the titling.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "18/09/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-623334.json", "html_url": "/legal/doc/nexus-sen-1-0034-623334", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-623334" }, { "id": "nexus-sen-1-0034-623344", "citation": "Res. 00840-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling Forested Land Through Possessory Information Proceedings", "title_es": "Titulación de terreno boscoso mediante información posesoria", "summary_en": "The Agrarian Court confirms the approval of possessory information over a 20,396 m² plot with forest, pasture, and buildings in Sarapiquí, Heredia. The petitioner proved decennial possession by himself and his predecessor, with environmentally friendly activities such as butterfly gardens, fruit tree planting, and fence maintenance. The Court determines the property is not part of the State's Natural Heritage (PNE) because it is not within a protected wilderness area nor was possession initiated after the 1969 public domain declaration of forest lands. It interprets Article 7 of the Possessory Information Law as allowing the titling of forested lands outside protected areas upon proof of ten-year possession and resource protection, without requiring that such possession predate the 1969 Forest Law. Therefore, it rejects the arguments of the Attorney General's Office regarding the inalienability and imprescriptibility of public domain assets, concluding the land is private and susceptible to acquisition by adverse possession. The property remains subject to Forest Law restrictions (art. 33) prohibiting tree felling and protecting public‑domain waters.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "19/09/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-623344.json", "html_url": "/legal/doc/nexus-sen-1-0034-623344", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-623344" }, { "id": "nexus-sen-1-0034-623368", "citation": "Res. 00883-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquisition of forest land by adverse possession through possessory information with proof of ecological decennial possession", "title_es": "Usucapión de terreno forestal mediante información posesoria y demostración de posesión decenal ecológica", "summary_en": "The Agrarian Tribunal confirms the approval of a possessory information proceeding regarding a 99-hectare forested property in Pérez Zeledón. The petitioner proved over thirty years of public, peaceful, and continuous possession, including that of his predecessors, and demonstrated conservation of primary forest, springs, and biodiversity. The Attorney General’s Office appealed, arguing that forest lands have been inalienable public domain since the 1969 Forestry Law, but the Tribunal reaffirms the doctrine of “ecological possession”: Article 7 of the Possessory Information Law, interpreted in accordance with Constitutional Chamber ruling 4587-97, allows adverse possession when a decennial possession — original or transmitted — exercised through acts of forest protection and conservation is proven. The Court orders registration of the land in the petitioner’s name and mandates protection of watercourses and springs under Article 33 of the Forestry Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "03/10/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-623368.json", "html_url": "/legal/doc/nexus-sen-1-0034-623368", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-623368" }, { "id": "nexus-sen-1-0034-623373", "citation": "Res. 00894-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling Forested Land Through Possessory Information Proceedings", "title_es": "Titulación de terrenos boscosos mediante información posesoria", "summary_en": "The Agrarian Court upholds the ruling that approved possessory information proceedings for two forest and fruit-tree lands in the province of Alajuela. The Attorney General's Office appealed on the grounds that forested lands are public domain, inalienable and imprescriptible, forming part of the State’s Natural Heritage, and that a ten-year possession prior to the public-domain declaration was not proved. The Court rejects these arguments, clarifying that the lands are not within a protected wild area and that Article 7 of the Possessory Information Law —as amended by Forestry Law 7575— expressly allows titling properties with forest cover outside such areas, requiring only proof of ten-year possession, protection of natural resources, and proper delimitation. Witness testimony and a judicial inspection confirm possession exceeding twenty years, continuous, in accordance with the land’s nature, without logging or timber extraction, and with maintenance of trails and boundaries. The Court concludes that the restrictions of inalienability and imprescriptibility applicable to public-domain assets do not apply here, as the legal scenario authorizes titling. The property’s registration in the promoters’ names is confirmed, subject to statutory setbacks for water bodies and public roads.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "07/10/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-623373.json", "html_url": "/legal/doc/nexus-sen-1-0034-623373", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-623373" }, { "id": "nexus-sen-1-0034-623550", "citation": "Res. 00343-2014 Tribunal Segundo Civil Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Hidden defects in new machinery and price refund", "title_es": "Vicios ocultos en maquinaria nueva y reintegro del precio", "summary_en": "The trial court dismissed an ordinary lawsuit for hidden defects filed by the buyer of a new excavator against the seller company. The buyer claimed the machinery suffered recurrent mechanical failures from the first months of use, including overheating, loss of power and speed, and damage to the valve bank and slewing ring. The trial judge denied the claim considering the defects were not hidden because a new good does not allow foreseeing future deficiencies. The Second Civil Court, Section II, partially overturned that decision: it upheld the hidden defects claim and ordered the seller to refund the price paid for the excavator, finding the defects were manufacturing flaws, not apparent at first sight, pre-existing the sale, and detrimental to the normal use of the good. However, it confirmed the dismissal of the claimed damages (lost profits and moral damages) for lack of proper evidence under article 351 of the Civil Procedure Code. The defendant appealed the ruling invoking statute of limitations and the exceptio non adimpleti contractus, but the court dismissed both arguments on grounds of procedural preclusion or lack of specific grievance. The decision relies on Supreme Court case law on the concept of hidden defects and the seller’s obligation to deliver a good fit for its normal purpose.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/10/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-623550.json", "html_url": "/legal/doc/nexus-sen-1-0034-623550", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-623550" }, { "id": "nexus-sen-1-0034-624308", "citation": "Res. 00737-2014 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Overturning acquittal for illegal logging and expert evidence weighing", "title_es": "Anulación de absolutoria por tala ilegal y valoración de prueba pericial", "summary_en": "The Criminal Appeals Court of San Ramón overturns an acquittal for violations of the Forestry Law, finding defective reasoning and errors in evidence weighing. The lower court in Ciudad Quesada had acquitted the defendant – accused of illegally transporting yellow almond wood (a protected species) and illegal logging inside a National Wildlife Refuge – on grounds of doubt. The acquittal held that the property's ownership was unproven and the seized logs could not be firmly tied to stumps on the land. The appeals chamber finds ownership irrelevant to the criminal offenses and deems that the trial court improperly disregarded the expert testimony of a MINAET biologist with 20 years of experience, whose tape-measure comparisons and field observations provided serious, precise, and unequivocal circumstantial evidence. A retrial is ordered.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "11/12/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-624308.json", "html_url": "/legal/doc/nexus-sen-1-0034-624308", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-624308" }, { "id": "nexus-sen-1-0034-624466", "citation": "Res. 00003-2015 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INDER lesividad annuls forest land titling", "title_es": "Titulación de terreno boscoso anulada por lesividad del INDER", "summary_en": "The Contentious Administrative Tribunal, Section IV, hears a lesividad action brought by INDER to annul the titling of a forested parcel, arguing it harmed the State's Natural Heritage and violated Forestry Law 7575. The defendants acquiesced to the annulment claims during conciliation. The Tribunal grants the complaint, annulling the IDA Board agreement, the transfer deed, and registry entries, and ordering their cancellation. The ruling stresses that the acquiescence does not breach the legal system and serves public interest, ensuring the land reverts to State domain under forest and natural heritage law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "procedural-environmental", "property-and-titling" ], "date": "20/01/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-624466.json", "html_url": "/legal/doc/nexus-sen-1-0034-624466", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-624466" }, { "id": "nexus-sen-1-0034-624467", "citation": "Res. 00003-2015 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Administrative Court ruling on the obligation to appoint pharmaceutical regents in decentralized EBAIS pharmacies", "title_es": "Sentencia del Tribunal Contencioso Administrativo sobre la obligación de nombrar regentes farmacéuticos en farmacias de EBAIS desconcentrados", "summary_en": "The Administrative Court, Section V, decided a lawsuit filed by the CCSS Pharmacy Workers Union against the Costa Rican Social Security Fund. The union alleged non-compliance with the legal obligation to appoint pharmaceutical regents in all EBAIS pharmacies and breach of a 2009 commitment agreement. The Court dismissed the claim regarding the agreement due to the union's lack of standing, as it was not a signatory. On the merits, it partially granted the claim. It found that, under Articles 54-56 of the General Health Law, dispensing medications is a professional activity exclusive to pharmacists. Evidence showed that in some decentralized EBAIS, medications were dispensed without a pharmaceutical regent, constituting a breach by the CCSS that affected the rights of insured persons and pharmacy technicians. The Court ordered the CCSS to appoint pharmaceutical regents in those EBAIS where this practice was occurring, but not nationwide, as a generalized situation was not proven. It set a one-year deadline for compliance and awarded costs against the defendant.", "primary_topic_id": null, "topic_ids": [], "date": "13/01/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-624467.json", "html_url": "/legal/doc/nexus-sen-1-0034-624467", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-624467" }, { "id": "nexus-sen-1-0034-625160", "citation": "Res. 00233-2015 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Invasion of protection zone is a permanent-effect crime", "title_es": "Invasión de zona de protección es delito de efectos permanentes", "summary_en": "The San José Criminal Appeals Court rejects the appeal against a conviction for a violation of the Forestry Law. The accused built a ranch and other structures in the protection zone of a river without MINAE permits. The defense argued an erroneous interpretation of Article 58(a) of said law, contending that it only sanctions the invasion of conservation areas understood as protected wild areas, not the watercourse protection zones under Article 33. The court confirms the conviction by holding that the integration of both articles is legal and was upheld by the Constitutional Chamber (Res. 2010-74). It also rejects the statute of limitations plea, since the crime of invasion of a protection zone is of permanent effects and, under Article 32 of the Criminal Procedure Code, the statute of limitations only begins to run when the permanence ceases, which has not happened as the constructions remain in place.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "13/01/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-625160.json", "html_url": "/legal/doc/nexus-sen-1-0034-625160", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-625160" }, { "id": "nexus-sen-1-0034-631397", "citation": "Res. 00154-2015 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Veto against municipal agreement reiterating prior conditions for accepting streets", "title_es": "Veto contra acuerdo municipal que reitera condiciones previas para recibir calles", "summary_en": "The Administrative Appeals Court rejects the veto filed by the Mayor of Osa against a Municipal Council agreement that urged interested parties to comply with previously established requirements (measurements, ballasting, curb and gutter, water and electricity services) for accepting public streets. The Court determines that the vetoed agreement is a reiteration and execution of a prior agreement from session No. 10-2014 of March 5, 2014, in which the mayor was authorized to accept the streets conditioned on compliance with those requirements. Since the mayor did not veto the original agreement, no veto lies against agreements of execution or reiteration, per Article 160(f) of the Municipal Code. The decision reaffirms that the mayor is obliged to oversee compliance with Council decisions and that a veto is not a means to challenge agreements that merely remind or execute prior unchallenged decisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/04/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-631397.json", "html_url": "/legal/doc/nexus-sen-1-0034-631397", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-631397" }, { "id": "nexus-sen-1-0034-631420", "citation": "Res. 00029-2015 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INDER Employee's Dismissal Barred by Prescription of Disciplinary Power", "title_es": "Improcedencia del despido de funcionario del INDER por prescripción de facultad disciplinaria", "summary_en": "The Administrative Court partially grants the claim of a former INDER employee dismissed for receiving land parcels under the so-called 'Burro Law'. It finds the employee was not a 'public treasury officer' concerning the sanctioned conduct, so the one-month prescription period of Article 603 of the Labor Code applies. Since over ten years elapsed between the land allocation and the initiation of disciplinary proceedings without valid interruption, the disciplinary power had prescribed. The dismissal is annulled, reinstatement and indexed back pay are ordered, with deductions for any public-sector income earned during the separation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/03/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-631420.json", "html_url": "/legal/doc/nexus-sen-1-0034-631420", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-631420" }, { "id": "nexus-sen-1-0034-631693", "citation": "Res. 00509-2014 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reversal for flawed determination of protected area and failure to analyze Art. 28 Forestry Law", "title_es": "Anulación por defectuosa determinación del área de protección y falta de análisis del Art. 28 Ley Forestal", "summary_en": "The Cartago Criminal Appeals Court overturns a conviction under the Forestry Law, finding serious flaws in the evidentiary reasoning. The trial court had convicted the defendant for exploiting forest resources in a protected area (Forestry Law, Art. 58(b)) by cutting nine gallinazo trees near a stream. The appellate court found that the judge failed to properly weigh contradictory testimony from MINAE officials and the original complaint regarding the slope percentage, which was critical to determine whether the protected zone was 15 or 50 meters. The court also failed to consider whether the stream was perennial or intermittent, and whether the permit exemption under Article 28 for planted trees applied, despite the defendant’s claim that the trees were from a plantation. The appeal is granted, the judgment and trial are annulled, and the case is remanded for a new proceeding.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "31/10/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-631693.json", "html_url": "/legal/doc/nexus-sen-1-0034-631693", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-631693" }, { "id": "nexus-sen-1-0034-632904", "citation": "Res. 00339-2009 Tribunal de Casación Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquittal for indirect mistake of law in logging within indigenous reserve", "title_es": "Absolución por error de prohibición indirecto en tala dentro de reserva indígena", "summary_en": "The Criminal Cassation Court of Cartago overturns a conviction for illegal forest harvesting and land-use change against an indigenous woman who cleared about three hectares of forest to plant corn. The defendant relied on the indigenous development association's verbal authorization, which claimed that the Indigenous Law and ILO Convention 169 permitted logging on secondary forest. The court finds the conduct typical and unlawful, but holds that she acted under an indirect, insurmountable mistake of law, genuinely believing she had legal permission. Her indigenous status, low education, deference to community leaders, and traditional subsistence agriculture are weighted. She is fully acquitted, with the court urging the State to properly advise indigenous communities on balancing traditional activities with environmental protection.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "indigenous-law-6172", "criminal-environmental", "forestry-law-7575" ], "date": "28/10/2009", "year": "2009", "json_url": "/data/legal/docs/nexus-sen-1-0034-632904.json", "html_url": "/legal/doc/nexus-sen-1-0034-632904", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-632904" }, { "id": "nexus-sen-1-0034-636735", "citation": "Res. 00286-2015 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ostional Wildlife Refuge and the non-application of Article 73 of the Maritime-Terrestrial Zone Law", "title_es": "Refugio de Vida Silvestre Ostional y la inaplicación del artículo 73 de la Ley 6043 sobre zona marítimo terrestre", "summary_en": "The First Chamber of the Supreme Court dismisses an appeal in cassation filed by an individual against a judgment ordering his eviction and the demolition of his structures in the public zone of Playa Guiones, within the Ostional National Wildlife Refuge. The appellant argued that under Article 73 of the Maritime-Terrestrial Zone Law (Law 6043), this law does not apply to national parks and equivalent reserves, thus his possession was legitimate. The Chamber interprets that said article does not exclude the maritime-terrestrial zone from the public domain, but rather subjects it to its special laws (Wildlife Conservation Law, Environmental Organic Law, and Law 6043 itself), reinforcing state protection. It also rejects arguments of res judicata based on a prior criminal acquittal, as the object of the criminal proceeding (intent) differs from the civil one (legitimacy of possession). It upholds the award of costs against the losing party. The judgment highlights the public, inalienable, and imprescriptible nature of maritime-terrestrial zone assets and the impossibility of acquiring possessory rights over them.", "primary_topic_id": "property-and-titling", "topic_ids": [ "water-law", "property-and-titling" ], "date": "06/03/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-636735.json", "html_url": "/legal/doc/nexus-sen-1-0034-636735", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-636735" }, { "id": "nexus-sen-1-0034-639054", "citation": "Res. 01073-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental function of property and wetlands in possessory information proceedings", "title_es": "Función ambiental de la propiedad y humedales en información posesoria", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding over a property containing a swamp, stream, and spring, challenged by the Attorney General’s Office on the grounds that wetlands are part of the State’s Natural Heritage and cannot be privately owned. The tribunal rules that agro-environmental limitations—stemming from the Organic Environmental Law, the Forestry Law, and the Soil Conservation Law—condition but do not bar private ownership. It distinguishes between wetlands formally declared as protected areas and wetlands on private land: the latter do not become public domain unless incorporated into the State’s Natural Heritage. Nonetheless, the property remains subject to legal protections for springs (Forestry Law Art. 33), a tree-cutting ban, public ownership of water, and restrictions under the Wildlife Conservation Law and the Organic Environmental Law to preserve wetland ecosystems, thus fulfilling the environmental function without expropriation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "25/11/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-639054.json", "html_url": "/legal/doc/nexus-sen-1-0034-639054", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-639054" }, { "id": "nexus-sen-1-0034-639080", "citation": "Res. 01145-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest titling by adverse possession requires proof of decennial ecological possession", "title_es": "Titulación de bosque por usucapión acredita posesión ecológica decenal", "summary_en": "The Agrarian Tribunal upholds the lower court's ruling granting possessory information proceedings over a secondary-forest property located outside any protected wild area. The Attorney General argued that forested land forms part of the national reserves and is inalienable; the Tribunal rejects this. Applying Article 7 of the Possessory Information Law — as interpreted in light of Forestry Law 7575 and Constitutional Chamber vote 4587-97 — the petitioner must prove decennial possession (either original or transmitted from prior possessors) exercised through protection and conservation of the forest resource (ecological possession). Evidence showed maintenance, brush-clearing and forest care for over ten years, as well as soil-conservation compliance. The ruling therefore confirms recordation of title in the company's name, subject to legal restrictions owing to the adjacent stream and public road.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "11/12/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-639080.json", "html_url": "/legal/doc/nexus-sen-1-0034-639080", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-639080" }, { "id": "nexus-sen-1-0034-639096", "citation": "Res. 01148-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Acquisition of Forest Land by Ecological Possession", "title_es": "Usucapión de bosque mediante posesión ecológica", "summary_en": "The Agrarian Tribunal upheld the approval of an information of possession over a property consisting of forest and pasture in Santo Domingo de Katira, Alajuela. The Attorney General's Office appealed, arguing that the forested land belongs to national reserves and is imprescriptible. However, the Tribunal held that the 1996 Forestry Law amended the Information of Possession Act to allow for acquisitive prescription of forested lands, provided that the applicant demonstrates possession for over ten years and the protection of forest resources, known as 'ecological possession'. The ruling clarifies that the interpretation of Article 7 of the Act was not declared unconstitutional, only the requirement of personal possession as opposed to summing up prior possessions. In this case, the plaintiff proved acts of possession such as fencing, planting fruit trees, reforestation, and protection of water resources, as well as possession transferred from a previous holder. Thus, the Tribunal concluded that all requirements to register the property in the company's name were met.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "11/12/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-639096.json", "html_url": "/legal/doc/nexus-sen-1-0034-639096", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-639096" }, { "id": "nexus-sen-1-0034-639102", "citation": "Res. 01157-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Definition of Forest in Agrarian Possessory Information Proceedings", "title_es": "Concepto de bosque en información posesoria agraria", "summary_en": "The Agrarian Tribunal, by majority vote, upheld the approval of possessory information proceedings over three lots located in Corredores, Puntarenas. The Attorney General's Office appealed, arguing that the lands, being forested in nature, formed part of the State's Natural Heritage and thus were not susceptible to possession or adverse possession. The Tribunal rejected this argument, finding that the actual nature of the plots was scrubland (charral), orchard, construction, forest plantation, and thicket (tacotal), not forest as defined by Article 3 of Forestry Law No. 7575. It highlighted that land use certificates proved proper use and that the petitioner had protected the resource by allowing natural regeneration. It emphasized that the Possessory Information Law, in Article 7, second paragraph, permits the titling of forested areas if decennial possession, resource protection, and proper demarcation are proven—requirements met in this case.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "16/12/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-639102.json", "html_url": "/legal/doc/nexus-sen-1-0034-639102", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-639102" }, { "id": "nexus-sen-1-0034-639846", "citation": "Res. 00024-2015 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of cadastral plan approval attempting to expand property into mangrove wetland protected area", "title_es": "Negatoria de visado de plano que extiende finca sobre humedal manglar declarado Área Silvestre Protegida", "summary_en": "The Administrative Contentious Court dismissed Hacienda Carrizal S.A.'s lawsuit challenging SINAC's refusal to approve a cadastral plan that would have added 3.89 hectares to its property. The plot originated from a 1916 titling law, but the expansion area fell within the \"Humedal Estero Puntarenas y Manglares Asociados\" protected area, declared by executive decree. The ruling thoroughly examines the public-domain nature of mangroves as part of the State's Natural Heritage—inalienable, imprescriptible, and unseizable—as protected by the Water Law, Forestry Law, and Organic Environmental Law. It holds that the denial was well-founded and that the company bore the burden of proving ownership over public-domain land, which it failed to do. The inadmissibility of the administrative appeal due to lack of joint representation was also upheld.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "24/03/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-639846.json", "html_url": "/legal/doc/nexus-sen-1-0034-639846", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-639846" }, { "id": "nexus-sen-1-0034-640650", "citation": "Res. 00078-2014 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Eviction from Río Celeste Parcel Upheld as State Natural Heritage", "title_es": "Desalojo de parcela en Río Celeste constituye Patrimonio Natural del Estado", "summary_en": "The Administrative Contentious Court dismisses the annulment claim against INDER's Board decision that ordered the eviction of an occupant from parcel 40 of the Río Celeste Settlement. The ruling declares the occupation entirely illegal because the plaintiff showed no right over the property —owned by INDER— and entered via an alleged unwritten 'gentlemen's agreement'. The court further confirms that the land, given its forest cover, constitutes State Natural Heritage and is immediately affected as such without need of an express administrative declaration. All due process challenges are rejected, and no compensation for improvements is granted, as the plaintiff is a bad-faith possessor of a public domain asset. The judgment applies Articles 13 and 14 of the Forestry Law and reaffirms the case law exempting formal declaration for State Natural Heritage designation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "11/11/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-640650.json", "html_url": "/legal/doc/nexus-sen-1-0034-640650", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-640650" }, { "id": "nexus-sen-1-0034-640875", "citation": "Res. 02264-2013 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Definition of forest as an integral ecosystem, not a registered area", "title_es": "Concepto de bosque como ecosistema integral y no medida registral", "summary_en": "The Criminal Appeals Court overturned the acquittal of three defendants charged with illegal logging, land-use change, and other forestry offenses on a property in Playa Tamarindo. The trial court had acquitted due to doubt about whether the land was forest, but the Appeals Court held that this doubt lacked proper foundation. It found the lower court failed to assess key evidence, including expert reports demonstrating the existence of forest and the lack of scientific rigor in the defense's expert opinion. Crucially, the ruling establishes that the legal definition of forest (Forestry Law Article 3(d)) must be understood as an integral, continuous ecosystem, not based on the registered size of the property; thus, a plot of less than two hectares can be part of a protected forest if ecological continuity exists. This prevents circumvention of the law through land segregations. The case was remanded for a new trial.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "02/10/2013", "year": "2013", "json_url": "/data/legal/docs/nexus-sen-1-0034-640875.json", "html_url": "/legal/doc/nexus-sen-1-0034-640875", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-640875" }, { "id": "nexus-sen-1-0034-641046", "citation": "Res. 00051-2015 Tribunal Contencioso Administrativo Sección VII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Caducity of INDER's administrative sanctioning procedure due to inactivity exceeding six months", "title_es": "Caducidad del procedimiento administrativo sancionador del INDER por inactividad superior a seis meses", "summary_en": "The Administrative Litigation Court, Section VII, upheld the claim filed by two parcel holders from the El Manú settlement in Sarapiquí against the Rural Development Institute (INDER). INDER had initiated two administrative sanctioning proceedings (files 052-06 and 005-09) to revoke the land grant and annul the property title based on alleged negligence in farming and payment default. The Court found that both proceedings remained inactive for more than six months without effective procedural impetus from the Administration, triggering the caducity (lapse) set forth in Article 340 of the General Public Administration Law. Moreover, due process was violated because the oral and private hearings required by law were never held, undermining the plaintiffs' right to defense. Consequently, the Court declared the entire proceedings absolutely null and void, including the warnings, and ordered the cancellation of the registry entry that had reverted ownership to INDER, restoring the title to the plaintiffs.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "26/05/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-641046.json", "html_url": "/legal/doc/nexus-sen-1-0034-641046", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-641046" }, { "id": "nexus-sen-1-0034-642440", "citation": "Res. 00114-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory titling over land with scrubland does not qualify as public forest domain", "title_es": "Titulación posesoria sobre terreno con tacotal no califica como bosque demanial", "summary_en": "The Agrarian Tribunal confirms the approval of possessory title proceedings over a 20-hectare property in Guacimal, Puntarenas, used for pasture and scrubland. The Attorney General appealed, arguing that the land contained forest and that forests are part of the State Natural Heritage, thus not subject to private appropriation. The Court rejects this argument because the area is not inside a protected area, the technical studies classify the soil as pasture and scrub/tacotal, and the legal definition of forest under Forestry Law 7575 is not met. It emphasizes that tacotal (scrub) is not forest and that natural regeneration does not turn the land into public domain property; on the contrary, encouraging reforestation is environmentally necessary and should not punish possessors by denying them title. It also validates the witness testimony as sufficient to prove ten-year adverse possession, rejecting the appellant's second grievance and confirming the lower court ruling in its entirety.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "07/02/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-642440.json", "html_url": "/legal/doc/nexus-sen-1-0034-642440", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-642440" }, { "id": "nexus-sen-1-0034-642474", "citation": "Res. 00206-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ruling 00206-2014 Agrarian Court: possessory information on land with scrubland does not constitute state forest", "title_es": "Resolución 00206-2014 Tribunal Agrario: información posesoria sobre terreno con tacotal no constituye bosque demanial", "summary_en": "The Agrarian Court upheld the approval of possessory information proceedings over a 14-hectare property in Golfito, rejecting the appeal by the Attorney General's Office. The appellant argued that the land contained forest and therefore was part of the State's Natural Heritage, not subject to adverse possession. The Court analyzed the expert evidence and the judicial inspection and concluded that the existing vegetation did not meet the parameters of the legal definition of forest under Forestry Law No. 7575, but rather consisted of scrubland and pastures, with an ongoing reforestation process. It emphasized that equating scrubland or regenerating secondary forest with state-owned forest would discourage forest regeneration activities, which are beneficial for carbon sequestration and the fight against global warming. It also found the ten-year possession required by the Possessory Information Law to be proven, so the land was eligible for adverse possession, being outside any protected wilderness area and having been subject to possessory acts of conservation of natural resources.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "07/03/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-642474.json", "html_url": "/legal/doc/nexus-sen-1-0034-642474", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-642474" }, { "id": "nexus-sen-1-0034-642575", "citation": "Res. 00045-2015 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested lands through possessory information and ecological possession", "title_es": "Titulación de terrenos con bosque mediante información posesoria y posesión ecológica", "summary_en": "The ruling confirms the approval of possessory information proceedings to register three properties (with pasture, cocoa, and forest) in Golfito, Puntarenas, in favor of Rio Claro Land Company LLC. The Attorney General's Office appealed, arguing that forested lands are part of national reserves and imprescriptible. The Agrarian Court reaffirms its criterion, based on legal evolution and constitutional case law (decisions 4587-97 and 2015-00087), that allows adverse possession of forested lands within national reserves if decennial ecological possession is demonstrated, based on conservation of forest resources, prior to the protected area declaration. In this case, possession for over thirty years and sustainable agroforestry use (scrubland, secondary forest, and abandoned pasture) were proven, thereby confirming the lower court's ruling that ordered registration with legal limitations (river protection areas, public domain of waters, etc.).", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "14/01/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-642575.json", "html_url": "/legal/doc/nexus-sen-1-0034-642575", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-642575" }, { "id": "nexus-sen-1-0034-642576", "citation": "Res. 00046-2015 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Adverse possession of forest land and ecological possession in national reserves", "title_es": "Usucapión de monte y posesión ecológica en reservas nacionales", "summary_en": "The Agrarian Tribunal confirms that a forested property (woodland, scrub, and fruit trees) may be titled via possessory information proceedings, provided the applicant proves ten-year possession with conservation of the forest resource. It rejects the Attorney General's objection that forested lands form part of the national reserves and are therefore imprescriptible and inalienable. The ruling clarifies that the 1996 Forestry Law amended Article 7 of the Possessory Information Law to allow adverse possession of forest land if the possessor demonstrates ten years of ecological possession—whether original or transmitted—predating any protected area declaration. In this case, over thirty years of possession and sustainable agroforestry management without logging were proven, satisfying the legal standard. The court also rules that possessory information proceedings do not improperly create easements; they merely recognize a factual reality without establishing other property rights.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "14/01/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-642576.json", "html_url": "/legal/doc/nexus-sen-1-0034-642576", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-642576" }, { "id": "nexus-sen-1-0034-642578", "citation": "Res. 00048-2015 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land through possessory information proceedings", "title_es": "Titulación de terreno boscoso mediante información posesoria", "summary_en": "The Agrarian Court confirms the approval of possessory information proceedings over a 404,633 m² forested property. The Attorney General argued that, being part of national reserves, it was imprescriptible. The Court, relying on Constitutional Chamber precedent (Vote 4587-97), holds that forested land in national reserves can be acquired by adverse possession if ten-year possession (original or transferred) with forest conservation is proven. The petitioner demonstrated that they and their predecessor conserved the forest for over ten years. The Court orders registration in the company's name, subject to restrictions including riverbank protection zones, prohibition on tree cutting, and public ownership of watercourses. The ruling affirms the compatibility of property rights with environmental protection under evolving human rights principles.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "14/01/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-642578.json", "html_url": "/legal/doc/nexus-sen-1-0034-642578", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-642578" }, { "id": "nexus-sen-1-0034-642595", "citation": "Res. 00075-2015 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Illegal timber transport: origin not required in prosecutorial accusation", "title_es": "Movilización ilícita de madera: procedencia no es requisito de la acusación fiscal", "summary_en": "The Criminal Appeals Court of Guanacaste, by majority vote, overturns an acquittal in an abbreviated procedure for illegal timber transportation. The flagrante delicto court had acquitted the defendant, finding the prosecution's accusation imprecise for omitting the exact place of origin of the seized wood, and citing evidentiary insufficiency. The Appeals Chamber holds that Article 56 of the Forestry Law does not require specifying the exact origin of the forest product; the offense penalizes transport without the proper documentation, regardless of whether the timber comes from a forest, forest plantation, or other lands. It further rules that an acquittal due to doubt in the evidence is improper in an abbreviated procedure; instead, the judge must reject the abbreviated process and send the case to trial. The judgment is reversed and remanded for new proceedings.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "29/04/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-642595.json", "html_url": "/legal/doc/nexus-sen-1-0034-642595", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-642595" }, { "id": "nexus-sen-1-0034-643149", "citation": "Res. 00044-2015 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of IDA adjudication on forest land forming part of the State’s natural heritage", "title_es": "Nulidad de adjudicación del IDA sobre terreno con bosque que constituye patrimonio natural del Estado", "summary_en": "The Administrative Litigation Tribunal declared the nullity of the IDA Board’s 2003 decision to segregate and transfer parcel 1-4 of the Cuenca del Río Aranjuez Project to Desarrollo Cerdeña Menorca S.A., along with subsequent registrations. The court upheld the State’s lesividad action, finding that at the time of adjudication the property contained between 17 and 21.1 hectares of forest cover and steep slopes qualifying as forest land, which under Articles 13, 14 and 15 of the Forestry Law automatically form part of the inalienable and imprescriptible natural heritage of the State. The IDA also failed to present the mandatory soil study required by the Soil Use, Management and Conservation Law (No. 7779) and its Regulation. The ruling emphasizes that the public forest domain arises from the existence of forest itself, not from formal classification or registry inscription, rendering the transfer void ab initio. No costs were awarded, as the court found a legitimate reason to litigate.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling", "procedural-environmental" ], "date": "13/05/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-643149.json", "html_url": "/legal/doc/nexus-sen-1-0034-643149", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-643149" }, { "id": "nexus-sen-1-0034-643538", "citation": "Res. 00324-2015 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Crimes of land-use change and invasion of protected zones are permanent crimes for statute-of-limitations purposes", "title_es": "Los delitos de cambio de uso del suelo e invasión de zona protectora son delitos permanentes a efectos de prescripción", "summary_en": "The Criminal Appeals Court of Cartago overturned a dismissal based on statute of limitations and held that the crimes of land-use change (Article 61(c) of the Forestry Law) and invasion of a protected zone (Article 58(a)) are permanent offenses. Consequently, the statute of limitations begins to run only when the unlawful situation ends — that is, when the original state of the protected legal interest is restored. The case involved the felling of secondary forest, planting of coffee in 5,000 m², and construction of a 627 x 6 meter road inside the protection zone of a stream. The appeals court stressed that the protected legal interest is the healthy and balanced environment under Article 50 of the Constitution, and the harm continues as long as the environmental damage is not undone. It also noted that even if the offenses of illegal logging and disobedience to authority were not permanent, they were joined in ideal concurrence (concurso ideal) with the permanent offenses and therefore could not prescribe separately. The case was remanded for a new trial.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "05/06/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-643538.json", "html_url": "/legal/doc/nexus-sen-1-0034-643538", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-643538" }, { "id": "nexus-sen-1-0034-643994", "citation": "Res. 00343-2015 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested lands in national reserves through possessory information", "title_es": "Titulación de terrenos boscosos en reservas nacionales mediante información posesoria", "summary_en": "The Agrarian Tribunal confirms the approval of a possessory information proceeding over a 79-hectare property with forest and pasture cover in Guanacaste, sought by individuals who proved decennial possession and conservation of forest resources. The Attorney General's Office appealed, arguing that the forested land belonged to the public domain under the 1969 Forestry Law and was inalienable. The Tribunal rejects the appeal: it holds that the 1996 Forestry Law amended Article 7 of the Possessory Information Law to allow adverse possession of forested lands, provided ecological possession is shown for over ten years through conservation activities. It reiterates that such possession may be original or transferred, per Constitutional Chamber ruling 4587-97. In this case, judicial inspection and witnesses confirmed possessory acts such as firebreak maintenance, fencing, forest conservation, and sustainable cattle farming, plus recovery of forest cover. The ruling orders registration of the property with legal restrictions for protection of watercourses and waters, declaring that forest-aptitude lands in national reserves are subject to usucapion if qualified possession is met.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "16/04/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-643994.json", "html_url": "/legal/doc/nexus-sen-1-0034-643994", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-643994" }, { "id": "nexus-sen-1-0034-644243", "citation": "Res. 00395-2015 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land through possessory information and resource conservation", "title_es": "Titulación de terrenos con bosque mediante información posesoria y conservación del recurso", "summary_en": "The Agrarian Court upholds the approval of possessory information proceedings for two forested lots in Osa, Puntarenas, brought by a corporation. The Attorney General's Office appealed, arguing that forested land belongs to the State's Natural Heritage and is inalienable public domain, thus not subject to private possession or adverse possession. The Court rejects this, holding that under Article 7 of the Possessory Information Law as amended by Forestry Law 7575, titling of forested land is possible by proving ten years of possession—original or transmitted—during which the forest resource was conserved. Here, the land evolved from pasture to secondary forest due to natural regeneration allowed by the possessors, demonstrating sustainable ecological possession. The decision clarifies the distinction between national reserves and State Natural Heritage, reaffirming the principle that those who restore forest cover should not be punished by denying titling.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "28/04/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-644243.json", "html_url": "/legal/doc/nexus-sen-1-0034-644243", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-644243" }, { "id": "nexus-sen-1-0034-645772", "citation": "Res. 00921-2015 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest restitution after illegal logging and land-use change despite penal acquittal", "title_es": "Restitución del bosque tras tala ilegal y cambio de uso del suelo pese a absolutoria penal", "summary_en": "This appellate ruling addresses the Public Prosecutor's challenge to an acquittal for illegal logging and land-use change on a property under the Forestry Regime. Although the accused was acquitted due to lack of evidence of his involvement, the Prosecutor argued that the trial court failed to order restitution of the forest to its original state. The Court of Appeals upheld the appeal and ordered the restoration of 5 deforested hectares, based on the principles of forest irreducibility and mandatory environmental remediation as a matter of public policy. It ordered MINAE to design and supervise a forest recovery plan and required the landowner to permit access and refrain from any intervention in the affected area, to enable natural regeneration and reintegration into the primary tropical humid forest.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "26/06/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-645772.json", "html_url": "/legal/doc/nexus-sen-1-0034-645772", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-645772" }, { "id": "nexus-sen-1-0034-648482", "citation": "Res. 00098-2015 Tribunal Contencioso Administrativo Sección VII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Statute of limitations for annulment of real estate registration entry", "title_es": "Caducidad de la acción para anular inscripción registral de inmueble", "summary_en": "The Seventh Section of the Contentious-Administrative Tribunal rules that the lawsuit filed by a guarantor seeking the annulment of a real estate registration entry from a 1996 judicial auction is time-barred. The tribunal applies a four-year statute of limitations under Article 175 of the General Public Administration Law (pre-CPCA version), as the entry is considered an act of absolute nullity with instantaneous effect; the deadline expired in May 2000. The claimant’s argument that a revendication action is imprescriptible is dismissed, because the claim was not for possession recovery but for the annulment of a definitive registration. Filed in 2012, the action is declared inadmissible. No costs are awarded due to sufficient grounds for litigation.", "primary_topic_id": null, "topic_ids": [], "date": "21/09/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-648482.json", "html_url": "/legal/doc/nexus-sen-1-0034-648482", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-648482" }, { "id": "nexus-sen-1-0034-648893", "citation": "Res. 00121-2015 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of claims for construction in protected areas and stream piping", "title_es": "Improcedencia de pretensiones por construcción en áreas de protección y entubamiento de quebradas", "summary_en": "The Judgment of the Contentious Administrative Tribunal, Section VI, dismisses in its entirety a lawsuit filed by an individual against the State, SINAC, the Municipality of Desamparados, and the company Compañía Inversionista Las Brisas S.A. The plaintiff alleged that the public entities failed to properly supervise a warehouse construction project involving the piping of the Lajas, Poró, and Sin Nombre streams in San Rafael de Desamparados, and that the company committed environmental irregularities causing damage. The Court found that no significant environmental damage was proven; technical reports from the Environmental Administrative Tribunal (TAA) and the Water Department ruled out harm, and the construction phase held the corresponding environmental viability permits. It was unproven that the company breached environmental regulations or built on protected zones. The Court also deemed inadmissible ordering SETENA or other institutions to enforce environmental commitments, which were already under the follow-up phase overseen by SETENA. Consequently, the defense of lack of right was upheld and the plaintiff was ordered to pay both court costs.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575", "procedural-environmental" ], "date": "22/07/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-648893.json", "html_url": "/legal/doc/nexus-sen-1-0034-648893", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-648893" }, { "id": "nexus-sen-1-0034-649081", "citation": "Res. 00678-2015 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling in protected zone requires ten-year possession prior to the declaration", "title_es": "Titulación en zona protectora requiere posesión decenal previa a la declaratoria", "summary_en": "The Agrarian Tribunal revokes the lower court ruling and grants the possessory information proceedings filed by an individual over a plot located within the Cuenca del Río Tuis Protected Zone, declared in 1986. The court concludes that the petitioner demonstrated quiet, public, peaceful and uninterrupted possession since 1972, i.e., more than ten years before the creation of the protected area. It applies Article 7 of the Possessory Information Law and the doctrine of the Constitutional Chamber (Ruling 4587-97), which holds that in protected zones, the period of possession capable of leading to adverse possession must elapse before the land is encumbered with public domain status, since afterwards the property becomes inalienable and imprescriptible. The court also considers the existence of primary forest and compliant land use, finding that titling does not harm the State’s forest heritage, as the possessor’s right had been consolidated prior to the protection declaration.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "09/07/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-649081.json", "html_url": "/legal/doc/nexus-sen-1-0034-649081", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-649081" }, { "id": "nexus-sen-1-0034-649145", "citation": "Res. 00762-2015 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Adverse possession of forest land in national reserves requires decennial possession and resource conservation", "title_es": "Usucapión de terreno de bosque en reserva nacional requiere posesión decenal y conservación del recurso", "summary_en": "The Agrarian Court adjudicates the Attorney General's Office's appeal against a judgment approving possessory information over two mountain plots in Santa Rosa, Puntarenas. The Attorney General argues that because the land is forested and lies within national reserves, it forms part of the State Natural Heritage and is therefore inalienable and imprescriptible, barring adverse possession. The Court dismisses the appeal and upholds the judgment. It finds that, pursuant to Article 7 of the Possessory Information Law (amended by Forestry Law 7575) and constitutional precedent, a possessor may acquire title to forested land in national reserves by proving decennial possession (either personal or transmitted) while conserving the forest resource. Here, expert and witness evidence demonstrated long-standing possession and the recovery of forest cover (secondary forest), qualifying as sustainable ecological possession. Denying title under these circumstances would discourage forest regeneration.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "31/07/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-649145.json", "html_url": "/legal/doc/nexus-sen-1-0034-649145", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-649145" }, { "id": "nexus-sen-1-0034-650918", "citation": "Res. 00876-2015 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Prior reforestation requirement for approving possessory information", "title_es": "Requisito de reforestación previa para aprobar información posesoria", "summary_en": "The Agrarian Tribunal overturns a judgment that had approved possessory information proceedings for a property with streams and springs, after finding clearing and unauthorized tree cutting in the water resource protection area. The ruling emphasizes that Article 7 of the Possessory Information Law requires, as a condition for titling, that natural resources must be cared for and not destroyed. The court orders the petitioner to reforest the stream and spring banks with native species, warning that the proceedings cannot continue until such reforestation is demonstrated as required by Article 33 of the Forestry Law, and directs that a new judicial inspection be carried out thereafter to verify compliance.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "28/08/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-650918.json", "html_url": "/legal/doc/nexus-sen-1-0034-650918", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-650918" }, { "id": "nexus-sen-1-0034-653458", "citation": "Res. 00194-2015 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental impact assessment during geological investigation phase of the Térraba PHD", "title_es": "Evaluación de impacto ambiental en fase de investigación geológica del PHD Térraba", "summary_en": "The Administrative Appeals Tribunal, Section VI, examines whether ICE carried out construction works during the geological investigation phase of the El Diquís Hydroelectric Project (PHD) in the Térraba Indigenous Reserve and whether a different environmental assessment instrument was required beyond the Sworn Declaration of Environmental Commitments (DJCA) granted by SETENA. It finds that, although it was not proven that the project was in the investment or operations phase, construction works such as earthworks, excavations, and a gabion wall were carried out, which were not assessed according to the regulations in force at the time the extension was requested. The Tribunal partially grants the claim, ordering that if ICE resumes the investigation phase, it must initiate a new environmental assessment procedure under current regulations, with SETENA defining the instrument. The claim for environmental damage remediation is dismissed due to lack of evidence.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "indigenous-law-6172" ], "date": "17/11/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-653458.json", "html_url": "/legal/doc/nexus-sen-1-0034-653458", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-653458" }, { "id": "nexus-sen-1-0034-653745", "citation": "Res. 00966-2015 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over special usucapión in Barra del Colorado National Wildlife Refuge", "title_es": "Competencia agraria sobre usucapión especial en Refugio Nacional de Vida Silvestre Barra del Colorado", "summary_en": "The Agrarian Tribunal resolved an exception of lack of jurisdiction filed by the Procuraduría General de la República in an ordinary proceeding where an individual claims special agrarian usucapión over part of a property registered under the name of the Instituto de Desarrollo Rural (INDER), located within the Barra del Colorado National Wildlife Refuge. The Procuraduría argued that, as a property forming part of the State’s Natural Heritage, jurisdiction belonged to the administrative litigation courts. However, the Tribunal upheld the agrarian jurisdiction on material grounds, holding that the dispute concerns possessory and agrarian rights (special usucapión based on cultivation acts of necessity) rather than challenging any administrative acts by INDER or the Ministry of Public Security. It further noted that private and public properties may coexist within wildlife refuges, rejecting an overly rigid demanial approach. The ruling is limited to the jurisdictional issue; the substantive question of usucapión and the public-domain status of the land was deferred to the final judgment.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "25/09/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-653745.json", "html_url": "/legal/doc/nexus-sen-1-0034-653745", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-653745" }, { "id": "nexus-sen-1-0034-658964", "citation": "Res. 00002-2016 Tribunal Contencioso Administrativo Sección I", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Upholding dismissal of official who participated in irregular titling within Gandoca-Manzanillo Refuge", "title_es": "Ratificación de despido de funcionario que participó en titulación irregular dentro del Refugio Gandoca-Manzanillo", "summary_en": "The Administrative Court reviewed the dismissal imposed by the Comptroller General of the Republic on an official of the Agrarian Development Institute (IDA) who, as Subregional Chief, recommended in 2000 the segregation and transfer to a private individual of a plot located within the Gandoca-Manzanillo National Wildlife Refuge. The titling was based on Article 8 of Law 7599, which had been declared unconstitutional by the Constitutional Chamber in April 1999. The court analyzed the nature of a wildlife refuge, the regulatory evolution of its boundaries, and constitutional case law establishing that any reduction of state forest heritage may only be done by law. It concluded that the official's conduct harmed the Public Treasury and that the sanctioning procedure was lawful, without prescription or defenselessness. It rejected the claim, confirmed the dismissal sanction, and declared the plaintiff lacked right.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "06/01/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-658964.json", "html_url": "/legal/doc/nexus-sen-1-0034-658964", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-658964" }, { "id": "nexus-sen-1-0034-659064", "citation": "Res. 00017-2016 Tribunal Contencioso Administrativo Sección VII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "No res judicata from criminal acquittal in disciplinary proceedings for forest land titling", "title_es": "Improcedencia de cosa juzgada penal frente a responsabilidad disciplinaria por titulación de tierras forestales", "summary_en": "The Administrative Appeals Court, Section VII, dismisses the lawsuit filed by a former IDA (now INDER) board member challenging a six-year debarment sanction imposed by the Office of the Comptroller General. The plaintiff had been sanctioned for voting in favor of agreements that titled forested lands considered State Natural Heritage, despite technical warnings about their forest suitability and without undertaking the land-use capacity studies required by Article 27 of the Soil Use, Management and Conservation Law. The Court finds no material res judicata or violation of the non bis in idem principle based on the prior criminal acquittal, because that ruling only ruled out fraud, whereas the disciplinary liability was based on gross negligence, a matter not reviewed in the criminal proceeding. The court also rejects the statute of limitations claim, holding that the 10-year period under Article 72 of the Comptroller General's Organic Law runs from the finality of judgments annulling the titling agreements, not from their execution. It therefore upholds the sanction's legality and orders the plaintiff to pay costs.", "primary_topic_id": null, "topic_ids": [ "soil-conservation-7779" ], "date": "22/02/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-659064.json", "html_url": "/legal/doc/nexus-sen-1-0034-659064", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-659064" }, { "id": "nexus-sen-1-0034-660736", "citation": "Res. 00043-2016 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Liability for Lesividad Against INDER over Parcel in State Natural Heritage", "title_es": "Indemnización por lesividad contra INDER por parcela en Patrimonio Natural del Estado", "summary_en": "This ruling from the Contentious-Administrative Tribunal, Section VI, addresses a claim against INDER for damages after the declaration of lesividad that nullified the titling of a parcel in Los Chiles, Alajuela. The claimant sought compensation for the property value and subjective moral damages. The court found that the parcel (278 ha) was part of the State Natural Heritage (class 5DN, wetlands, forest cover) and therefore a public domain asset — inalienable, imprescriptible, and non-transferable under the Forestry Law. Thus, compensation for the land's market value was denied. However, the court partially granted subjective moral damages: although the titling was void ab initio, INDER's actions created a good-faith situation for nearly seven years. INDER's failure to verify legal requirements (MINAET certification, soil suitability) caused emotional distress, compensable at ₡2,000,000. The expropriation claim was rejected, and costs were imposed on INDER.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "15/03/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-660736.json", "html_url": "/legal/doc/nexus-sen-1-0034-660736", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-660736" }, { "id": "nexus-sen-1-0034-660849", "citation": "Res. 00053-2016 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Illegal timber transportation does not require proof of exact place of origin", "title_es": "Movilización ilícita de madera no requiere acreditar lugar exacto de origen", "summary_en": "The Guanacaste Criminal Appeals Court reversed a definitive dismissal and ordered retrial for illegal wood transportation. The trial court had acquitted the defendant on grounds that the wood came from a private pasture rather than a forest or plantation. The Appeals Chamber held that Article 56 of the Forestry Law punishes transporting wood without proper documentation regardless of its precise origin. It emphasized that the Forestry Law's framework requires permits or certificates of origin even for trees planted individually or on non-forested land (Articles 27, 31, 61). The prosecution need not specify the exact place of origin; it suffices to prove lack of authorization. Finding otherwise would create a loophole for impunity and serious harm to natural resources, neglecting the comprehensive protection of forestry resources.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "09/03/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-660849.json", "html_url": "/legal/doc/nexus-sen-1-0034-660849", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-660849" }, { "id": "nexus-sen-1-0034-661141", "citation": "Res. 01230-2015 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Recognition of Property by Usucapion within a Protected Wild Area", "title_es": "Reconocimiento de propiedad por usucapión en área silvestre protegida", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding over pastureland located within a protected wild area. The Attorney General's Office appealed, arguing that cattle-raising activities are incompatible with the area's protection and that \"ecological possession\" should have been demonstrated. The Tribunal rejects this argument, noting that the usucapion as an original means of acquiring ownership was consolidated more than ten years before the protected area was declared (1994), so a private property right already existed. Furthermore, based on Article 114 of the Biodiversity Law (which amended Article 37 of the Forestry Law), it recalls that private lands only become effectively part of the protected area once they are paid for or expropriated, unless there is voluntary acceptance. Titling through possessory information merely formalizes a pre-existing right, and is not a new grant.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "biodiversity-law-7788" ], "date": "30/11/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-661141.json", "html_url": "/legal/doc/nexus-sen-1-0034-661141", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-661141" }, { "id": "nexus-sen-1-0034-661225", "citation": "Res. 01250-2015 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of secondary forest land through possessory information proceedings", "title_es": "Titulación de terrenos con bosque secundario mediante información posesoria", "summary_en": "The Agrarian Tribunal confirms the approval of possessory information proceedings for a property with secondary forest in natural regeneration, rejecting the arguments of the Attorney General's Office. The Attorney General alleged a change in land use detrimental to the forest resource and argued that the forest is public domain. The Tribunal found no prohibited change in land use under Article 19 of the Forestry Law, as the possessor voluntarily allowed forest regeneration, verified by judicial inspection and an INTA soil study. Regarding public domain, the ruling reiterates the prevailing criterion that unregistered land with forest cover outside protected wild areas can be titled, provided the requirements of Article 7 of the Possessory Information Law are met: ten-year possession, protection of natural resources, and proper delimitation. Judge Alvarado Paniagua added a concurring note emphasizing that declaring secondary forest regenerated by the possessor as public domain would discourage forest regeneration activities, which are essential for carbon sequestration and climate change mitigation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "02/12/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-661225.json", "html_url": "/legal/doc/nexus-sen-1-0034-661225", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-661225" }, { "id": "nexus-sen-1-0034-665694", "citation": "Res. 00118-2016 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Approval of possessory information on forested land", "title_es": "Aprobación de información posesoria sobre terrenos con cobertura boscosa", "summary_en": "The Agrarian Court confirms the approval of a possessory information proceeding for a 151-hectare property with pasture and forest in Coto Brus, overruling the appeal by the Attorney General's Office. The prosecution argued that forested land was part of the State Natural Heritage and could not be titled. However, the Court, relying on recent constitutional jurisprudence (Votes 4587-97 and 007-2015), holds that a possessor may acquire through adverse possession a forested land that is part of the national reserves, provided ten years of possession are proven—including transmitted possession—and that the possessor has exercised 'ecological possession' by conserving the forest resource. In this case, the evidence showed the property is not in a protected area, contains primary forest and natural regeneration, and that the applicant and his predecessors have possessed it for over ten years with forest protection and conservation activities, which qualifies as sustainable possession apt for usucapion.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "10/02/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-665694.json", "html_url": "/legal/doc/nexus-sen-1-0034-665694", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-665694" }, { "id": "nexus-sen-1-0034-665820", "citation": "Res. 00021-2016 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Transmitted decennial possession and forest conservation permit titling of land in a forest reserve", "title_es": "Posesión decenal trasmitida y conservación forestal permiten titular terrenos en reserva forestal", "summary_en": "The Agrarian Tribunal overturned the lower court's decision and approved the possessory information proceeding for a 268-hectare property covered by natural forest within the Los Santos Forest Reserve. The lower judge had rejected the titling, finding insufficient proof of decennial possession prior to the reserve's creation in 1975 and disregarding documentary evidence. The Tribunal accepted the appellant's arguments, holding that the 1953 public deed, the 1972 cadastral map, and witness statements proved uninterrupted, peaceful, public possession for over 50 years when combining the possession of previous transferors. It emphasized that the land was devoted to natural forest, demonstrating ecological possession through forest conservation. The Tribunal interpreted Article 7 of the Possessory Information Law in light of Constitutional Chamber Ruling 4587-97, which allows counting possession derived from prior possessors. It found all legal requirements met, including proof of decennial possession prior to 1965 and forest protection, and ordered registration of the property in the appellant's name, subject to restrictions under the Forestry Law and other protective statutes.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "18/01/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-665820.json", "html_url": "/legal/doc/nexus-sen-1-0034-665820", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-665820" }, { "id": "nexus-sen-1-0034-666108", "citation": "Res. 00056-2016 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Captain's liability for oil spill and validity of environmental damage assessment", "title_es": "Responsabilidad del capitán por derrame de hidrocarburos y validez de la valoración del daño ambiental", "summary_en": "The Administrative Appeals Court, Section V, dismisses the lawsuit brought by the captain of the vessel Cala Pinar del Río against the State. The plaintiff challenged two resolutions of the Environmental Administrative Tribunal (TAA) that held him liable for a spill of 82 gallons of IFO 380 in Puerto Limón on May 14, 2008, and ordered him to pay approximately ₡110,865,000.80 in compensation. The captain argued lack of standing (as an employee, not the owner), defects in the chain of custody of water samples, absence of significant environmental damage, and errors in the economic valuation of the damage. The ruling confirms that a ship captain is jointly liable under Article 101 of the Organic Environmental Law; that the CELEQ samples were taken following accredited procedures (ISO 17025); that the spill, given the volume and the persistent and bioaccumulative characteristics of IFO 380, caused significant unlawful environmental damage, which the plaintiff failed to rebut under Article 109 of the Biodiversity Law; and that the economic valuation methodology, based on EPA standards and corrected during the administrative proceeding, is reasonable. Both the main and subsidiary claims (offsetting already-paid cleanup costs) are rejected, and costs are imposed on the plaintiff.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-666108.json", "html_url": "/legal/doc/nexus-sen-1-0034-666108", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-666108" }, { "id": "nexus-sen-1-0034-668815", "citation": "Res. 00380-2016 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory Information Denied on State Natural Heritage in Maquenque Wildlife Refuge", "title_es": "Improcedencia de información posesoria sobre Patrimonio Natural del Estado en Refugio de Vida Silvestre Maquenque", "summary_en": "The Agrarian Tribunal overturned the approval of a possessory information proceeding over a forested property within the Maquenque Mixed National Wildlife Refuge. The promoting company failed to prove ten-year possession prior to the land’s designation as public domain. The court held that the area sought to be titled was not covered by the 1974 survey plan of a previous title, and any possession claimed was subsequent to the 1994 Executive Decree creating the Tamborcito Lacustrine Wetland. The witness evidence was insufficient and contradictory, failing to establish the chain of possessory transmission. A separate opinion provides a thorough analysis of the public domain regime, reiterating that State Natural Heritage lands are inalienable, imprescriptible, and immune from seizure, and that private possession confers no rights. The court anchors the calculation of ten-year possession to the 1961 Land and Colonization Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "29/04/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-668815.json", "html_url": "/legal/doc/nexus-sen-1-0034-668815", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-668815" }, { "id": "nexus-sen-1-0034-668861", "citation": "Res. 00352-2016 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Title of property within Río Macho Forest Reserve", "title_es": "Titulación de inmueble dentro de Reserva Forestal Río Macho", "summary_en": "The Agrarian Court reverses the lower court's dismissal of a possessory information proceeding for land located within the Río Macho Forest Reserve, established by Executive Decree 1-A of January 23, 1964. The Court holds that the applicant proved ten-year possession prior to 1964, relying on witness testimony dating possession to 1949-1950 and documentary evidence of a possessory claim filed in 1951. The decision traces the legal evolution—from the 1939 General Law on Public Lands, through the 1961 Land and Colonization Law, to the Law on Possessory Information—and concludes that Article 7 of the latter, when enacted, effected a disaffection from public domain, allowing titling of forested land within protected areas if possession is shown to predate the area's creation by ten years. The Court distinguishes prior public domain restrictions and post-1945 ownership-based possession, and determines that the two-kilometer strip along the Interamerican Highway containing oak groves ceased to be public domain upon repeal of the relevant provision. Consequently, the Court approves the proceedings and orders registration of the property in the applicant's name.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "26/04/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-668861.json", "html_url": "/legal/doc/nexus-sen-1-0034-668861", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-668861" }, { "id": "nexus-sen-1-0034-668892", "citation": "Res. 00393-2016 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Recognition of Ownership over Asentamiento Sara Plots Based on IDA Transfer Authorization", "title_es": "Reconocimiento de propiedad sobre parcelas del Asentamiento Sara por autorización de traspaso del IDA", "summary_en": "The Agrarian Tribunal partially overturns the lower court's ruling and grants the claim of [Nombre1], recognizing his ownership right over plots 79, 80, 82, and 93 of Asentamiento Sara. The tribunal finds that the IDA's Board of Directors authorized the transfer of title through agreement No. 16, session 008-90 of January 23, 1990, which was never revoked or annulled through a lesividad (adverse act) proceeding. This authorization perfected the transfer of ownership to the plaintiff, who purchased the plots from the original grantee. The subsequent annulment of the title in the original grantee's name does not affect the buyer's already consolidated subjective right. The INDER's reivindication claim is dismissed because the plaintiff is not an illegitimate possessor. The ruling emphasizes that the administration cannot unilaterally disregard acts that confer rights without initiating a lesividad process, which is a fundamental guarantee for individuals.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental", "_off-topic" ], "date": "29/04/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-668892.json", "html_url": "/legal/doc/nexus-sen-1-0034-668892", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-668892" }, { "id": "nexus-sen-1-0034-672173", "citation": "Res. 00086-2016 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Overturning acquittal for Guanacaste tree felling without forest permit", "title_es": "Anulación de absolución por tala de Guanacaste sin permiso forestal", "summary_en": "The Criminal Appeals Tribunal of Guanacaste overturned an acquittal for two defendants charged with violating the Forestry Law by felling a Guanacaste tree on private property without authorization. The appeals court found that the trial court failed to properly evaluate the evidence and left key contradictions unresolved, including the gap between the alleged permission and the act, the defendants' employment status, and testimony suggesting they knew the felling was illegal. The court ordered a new trial with a different panel of judges.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "27/04/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-672173.json", "html_url": "/legal/doc/nexus-sen-1-0034-672173", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-672173" }, { "id": "nexus-sen-1-0034-673395", "citation": "Res. 00720-2016 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reversal of acquittal for lack of reasoning in forestry and usurpation offenses", "title_es": "Anulación de absolución por falta de fundamentación en delitos forestales y usurpación", "summary_en": "The Criminal Sentencing Appeals Court of the Third Judicial Circuit of Alajuela, San Ramón, upheld the appeal filed by the private prosecutor and civil plaintiff against a first-instance acquittal for the offenses of ideological falsehood, use of false documents, usurpation, violation of the Forestry Law, and fraud. The trial court had acquitted all three defendants under the in dubio pro reo principle, finding the private complaint lacked a clear accusation and that evidence was insufficient. The Appeals Court found that the lower court’s judgment lacked adequate reasoning, as it analyzed the facts in a fragmented manner and failed to properly assess expert, testimonial, and documentary evidence, including a survey proving overlap of the properties and a prior agrarian judgment that had placed the complainant in possession. The Appeals Court annulled the entire judgment and the trial that preceded it, remanding the case to the court of origin with a different judicial panel for a new trial.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "25/08/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-673395.json", "html_url": "/legal/doc/nexus-sen-1-0034-673395", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-673395" }, { "id": "nexus-sen-1-0034-676695", "citation": "Res. 00741-2016 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Confirmation of possessory information in Río Toro Protective Zone", "title_es": "Confirmación de información posesoria en Zona Protectora Río Toro", "summary_en": "The Agrarian Tribunal, by majority, confirms the approval of a possessory information proceeding to title a 14,589 m² plot within the Río Toro Protective Zone (established in 1994). The applicant proved a continuous possessory chain since the 1950s — by his grandfather, father, and finally himself — involving cattle grazing, reforestation, and protection of a seasonal spring. The majority holds that possession prior to 1984 (ten years before the zone’s creation) met the requirements of Article 7 of the Possessory Information Law, with no change in land use harmful to the environment. The Procuraduría’s challenges based on witness inconsistencies, earlier denied proceedings, and the land’s pasture classification are dismissed, given evidence of forest succession and compliance with MINAE technical recommendations. The dissenting judge argues that ecological protection throughout the entire required possession period was not proven.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "12/08/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-676695.json", "html_url": "/legal/doc/nexus-sen-1-0034-676695", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-676695" }, { "id": "nexus-sen-1-0034-676724", "citation": "Res. 00774-2016 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Decennial Possession Prior to the Cordillera Volcánica Central Forest Reserve", "title_es": "Posesión decenal previa a la Reserva Forestal Cordillera Volcánica Central", "summary_en": "The Agrarian Court upholds the lower court's decision approving a possessory information proceeding for a forested property within the Cordillera Volcánica Central Forest Reserve. Applying Article 7 of the Possessory Information Law and settled case law, the court holds that the applicant must prove decennial possession prior to the creation of the protected area—before the 1975 executive decree—and demonstrate ecological possession by conserving the forest. The testimony of three witnesses shows that the applicant and his predecessors have possessed the land since at least 1962, allowing natural regeneration, and that there are no springs affecting public water supply. The court rejects the appeal by the Attorney General's Office, which argued the land was national reserve and the evidence insufficient. It emphasizes that legal developments and Constitutional Chamber rulings permit titling of forest lands in protected areas when legal requirements are met, providing legal certainty to possessors who have stewarded the forest.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "23/08/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-676724.json", "html_url": "/legal/doc/nexus-sen-1-0034-676724", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-676724" }, { "id": "nexus-sen-1-0034-676752", "citation": "Res. 00808-2016 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Correction of area of a property in a protected wilderness area", "title_es": "Rectificación de medida de finca en área silvestre protegida", "summary_en": "The Agrarian Court heard an appeal of a judgment that approved the correction of the area of a property registered through possessory information, located within the Cordillera Volcánica Central Forest Reserve. The applicant sought to increase its area from 223,547 m² to 803,466 m². The Attorney General's Office (PGR) appealed, arguing insufficient proof of ten-year possession prior to the reserve’s creation, incompatibility of livestock farming with the protected area, and failure to meet legal requirements. The majority of the Court confirmed the lower court’s decision, holding that the witness evidence—assessed comprehensively—proves the identity of the land and the absence of boundary changes, which is the key requirement in area correction proceedings, distinct from possessory information. The ruling was supplemented to mention the protection zone around water sources and the public nature of groundwater. One judge dissented, arguing that possession over the expanded area was not proven and that an increase of over 300% would amount to an encroachment on state-owned forest land.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "29/08/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-676752.json", "html_url": "/legal/doc/nexus-sen-1-0034-676752", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-676752" }, { "id": "nexus-sen-1-0034-676757", "citation": "Res. 00823-2016 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Decennial possession prior to protected-area decree requires testimonial proof", "title_es": "Posesión decenal previa a decreto de zona protectora requiere prueba testimonial", "summary_en": "The Agrarian Court reverses a judgment that had approved a possessory information proceeding for a property located within the Río Navarro-Río Sombrero Protected Zone, established by Decree No. 15436-MAG of 1984. The court holds that, for protected wild areas, Article 7 of the Possessory Information Law requires proof of decennial possession exercised at least ten years before the area was affected—in this case, since 1974—and that testimonial evidence is essential to prove it, even though Article 4 of the same law allows dispensing with witnesses if a public deed older than ten years is provided. Documentary evidence alone is insufficient; the three witnesses failed to clearly, circumstantially, and continuously prove possession by predecessors from the required date, only recent possession. The proceedings are therefore rejected and the registration order is revoked.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "31/08/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-676757.json", "html_url": "/legal/doc/nexus-sen-1-0034-676757", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-676757" }, { "id": "nexus-sen-1-0034-677", "citation": "Res. 00034-1991 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Indirect extra-contractual liability for aerial spraying", "title_es": "Responsabilidad civil extracontractual indirecta por fumigación aérea", "summary_en": "The First Chamber of the Supreme Court of Justice resolves a cassation appeal filed by the defendant company, Ganadera Río Toro S.A., against a ruling of the Second Civil Superior Court that held it liable for damages caused to a tomato crop by aerial spraying of an adjacent rice field, carried out by a company hired by the defendant. The Chamber confirms the second-instance ruling, rejecting both the procedural and substantive appeals. Regarding procedural matters, it finds no inconsistency in the appealed judgment and holds that the spraying company did not need to be sued, as there was no necessary joinder of defendants. On the merits, it analyzes the nature of indirect extra-contractual liability or liability for the acts of another, as provided in Article 1048(3) of the Civil Code, in its forms of 'culpa in eligendo' and 'culpa in vigilando'. It establishes that, once the culpable action of the direct tortfeasor (the spraying company) is proven, the principal's (the defendant's) fault in selection or supervision is presumed, shifting the burden of proof. The defendant failed to rebut this presumption or to prove a justification defense. Furthermore, it holds that Article 701 on contractual fraud was not violated, as the case involves extra-contractual liability, and dismisses the allegations of evidentiary errors for lack of proper pleading.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/03/1991", "year": "1991", "json_url": "/data/legal/docs/nexus-sen-1-0034-677.json", "html_url": "/legal/doc/nexus-sen-1-0034-677", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-677" }, { "id": "nexus-sen-1-0034-683768", "citation": "Res. 01023-2016 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity of title obtained under unconstitutional National Reserve Titling Law", "title_es": "Nulidad de título obtenido al amparo de Ley de Titulación en Reservas Nacionales declarada inconstitucional", "summary_en": "The Agrarian Tribunal overturns the lower court judgment and finds that a property title obtained under the National Reserve Titling Law (No. 7599) is absolutely null, as that law was declared unconstitutional by the Constitutional Chamber through Vote No. 2001-08560. The ruling emphasizes that the declaration of unconstitutionality has retroactive and erga omnes effects, and cannot validate an attack on a prior duly registered title. The court also exposes the false information used in the titling application, proving that the applicant never acquired rights from the registered possessor, contradicting her own allegations. Consequently, the counterclaim is partially upheld, ordering the cancellation of the map and the registry entry derived from the null title, while the principal claim for revindication is dismissed with costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "31/10/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-683768.json", "html_url": "/legal/doc/nexus-sen-1-0034-683768", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-683768" }, { "id": "nexus-sen-1-0034-684611", "citation": "Res. 01435-2016 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Notary's civil fraud in real estate scam", "title_es": "Dolo civil del notario en estafa inmobiliaria", "summary_en": "This ruling by the Criminal Appeals Court of the Second Judicial Circuit of San José addresses an appeal against a judgment that criminally convicted two defendants for fraud and simulation fraud, and civilly condemned three defendants, including a notary, for damages arising from a land-grabbing scheme against farmers in Guanacaste. The majority of the court overturns the civil judgment against the criminally acquitted notary, finding a violation of the principle of congruence: the civil action was based on joint fraudulent participation in the criminal plan, but the trial court condemned the notary for a negligent act (carelessness in his notarial duties) that was not pleaded in the statement of facts. The court emphasizes that a criminal acquittal does not automatically preclude civil liability, provided there is a separate legal basis (such as the Civil Code's extracontractual liability) and the right of defense is respected. The dissenting opinion argues that the notary's civil fraud was proven through his irregular legal advice, which induced the victims to dispose of their property. Additionally, the unanimous court overturns the criminal judgment for insufficient reasoning, as it relied on criteria foreign to the legal system (e.g., requiring that the buyer had money at the time of the transaction), and orders a retrial. The civil action against the other defendants is also annulled to ensure the right to be heard for third-party mortgage creditors. The pretrial detention of one defendant is extended by six months.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "12/10/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-684611.json", "html_url": "/legal/doc/nexus-sen-1-0034-684611", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-684611" }, { "id": "nexus-sen-1-0034-691099", "citation": "Res. 01015-2016 Sala Segunda de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of SINAC official for false wetland report", "title_es": "Despido de funcionario de SINAC por informe falso sobre humedal", "summary_en": "The Second Chamber of the Supreme Court of Justice upholds the justified dismissal of a National System of Conservation Areas (SINAC) official who, in a feasibility report and plan approval, omitted to indicate the existence of a wetland and the partial location of the property within the Ballena National Marine Park. The Chamber finds the report contained false and misleading data, inducing the administration into error and constituting a serious breach of trust. It emphasizes that the protection of a wetland does not depend on a formal declaration but on its physical existence, in accordance with environmental regulations and the Ramsar Convention. The ruling highlights the special diligence required of public officials in environmental matters, rejects claims of prescription of disciplinary power and due process violations, and reaffirms that public employment is governed by its own principles distinct from private labor law.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575", "environmental-law-7554" ], "date": "23/09/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-691099.json", "html_url": "/legal/doc/nexus-sen-1-0034-691099", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-691099" }, { "id": "nexus-sen-1-0034-691911", "citation": "Res. 00748-2016 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Court of Appeals upholds acquittal for rape due to lack of credibility of evidence", "title_es": "Tribunal de Apelación confirma absolución por violación por falta de credibilidad de la prueba", "summary_en": "The Criminal Sentence Appeals Court of Cartago, Second Section, rules on the appeal filed by the representative of the Victim's Civil Defense Office against the acquittal issued by the Trial Court of the Second Judicial Circuit of the Southern Zone, Osa. The appellant claimed improper intellectual reasoning for failing to correctly assess the testimony of the minor victim and her grandmother, as well as insufficient motivation for the dismissal of the civil compensation claim. The Appeals Court upholds the acquittal, finding that the trial judges clearly and thoroughly explained why they concluded the alleged facts did not occur, highlighting multiple contradictions between the victim's and her grandmother's accounts, and a history of false accusations by the complainant against the accused, motivated by revenge following a custody dispute. The lack of proof of the criminal act precludes the civil compensation claim.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/12/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-691911.json", "html_url": "/legal/doc/nexus-sen-1-0034-691911", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-691911" }, { "id": "nexus-sen-1-0034-692738", "citation": "Res. 01171-2016 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Validation of sale of another's property on INDER-adjudicated parcels in the Golfo Dulce Forest Reserve", "title_es": "Convalidación de venta de cosa ajena sobre parcelas adjudicadas por el INDER en la Reserva Forestal Golfo Dulce", "summary_en": "The Agrarian Tribunal partially overturns the lower court ruling that had nullified the 1994 sales of two properties located within the Osa Settlement, originally part of the Golfo Dulce Forest Reserve. The Chamber finds that, although the seller was not the registered owner at the time of the contracts — the land belonged to the Agrarian Development Institute (IDA, now INDER) — the nullity for sale of another's property was validated under Article 1063 of the Civil Code because the seller subsequently obtained adjudication via a land assignment contract. It further holds that there was no breach of Article 67 of the Land and Colonization Law, as the sales took place before the assignment contract came into legal effect. The plaintiff’s claims are partially granted, ordering the transfer of title and recognizing its good-faith possession, while INDER’s counterclaim is dismissed. The ruling clarifies that the properties do not fall within the public domain of the forest reserve but remain subject to forestry regulations.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "19/12/2016", "year": "2016", "json_url": "/data/legal/docs/nexus-sen-1-0034-692738.json", "html_url": "/legal/doc/nexus-sen-1-0034-692738", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-692738" }, { "id": "nexus-sen-1-0034-702083", "citation": "Res. 00411-2017 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of interim injunction against TAA environmental sanction", "title_es": "Rechazo de medida cautelar anticipada contra sanción ambiental del TAA", "summary_en": "This ruling by the Contentious-Administrative Court denies the request for an interim injunction filed by Agroindustrial Tico Verde S.A., which sought to suspend enforcement of the Environmental Administrative Tribunal's resolution 892-14-TAA. That resolution ordered the company and its legal representative to pay compensatory damages of approximately 116 million colones for environmental harm and social costs caused by impacts to stream buffer zones, construction without soil conservation works, and loss of biodiversity on a pineapple farm. The Court assesses the prerequisites of fumus boni iuris (appearance of good right) and periculum in mora (irreparable harm) under Articles 21 and 22 of the Contentious-Administrative Procedure Code. While acknowledging a sufficient appearance of good right to overcome a summary dismissal, the Court holds that the petitioner failed to prove the existence of serious, actual, or potential harm justifying injunctive relief. No causal link was established between the challenged act and the company’s closure, and the evidence submitted was insufficient. The interim injunction is therefore denied.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "23/02/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-702083.json", "html_url": "/legal/doc/nexus-sen-1-0034-702083", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-702083" }, { "id": "nexus-sen-1-0034-703235", "citation": "Res. 00101-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land through possessory information proceedings", "title_es": "Titulación de terreno con cobertura boscosa mediante información posesoria", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding over a forested mountain property in Pococí, Limón, located outside any protected wild area. The Attorney General's Office appealed, arguing that the land, being forested, forms part of the State's Natural Heritage and is a public domain asset that cannot be titled. The Tribunal rejects the appeal and reaffirms its longstanding position that, under Article 7 of the Possessory Information Law and constitutional case law (rulings 4587-97 and 2015-0063), forested land may be acquired by adverse possession if a ten-year period of possession is proven, during which the forest resource has been conserved, whether originally or through conveyance. The petitioner demonstrated over ten years of possession through witness testimony and a judicial inspection that confirmed sustainable agroforestry management and forest protection, thereby satisfying the legal requirements for titling.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "09/02/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-703235.json", "html_url": "/legal/doc/nexus-sen-1-0034-703235", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-703235" }, { "id": "nexus-sen-1-0034-703302", "citation": "Res. 00163-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Usucapion claim over land within the Golfo Dulce Forest Reserve is denied", "title_es": "Improcedencia de la usucapión de un predio ubicado dentro de la Reserva Forestal Golfo Dulce", "summary_en": "The Agrarian Tribunal upholds the lower court's ruling dismissing an ordinary usucapion claim brought by an individual against the Rural Development Institute (INDER) and other defendants. The disputed property, approximately 124 hectares, lies entirely within the Golfo Dulce Forest Reserve, established by executive decree in 1979. The Tribunal finds that the land forms part of the State's Natural Heritage and is thus a public domain asset, imprescriptible, inalienable, and unseizable. Although the claimant acquired it through a judicial auction, he failed to prove decennial possession predating the reserve's creation. The record shows that co-defendants were occupying the land, but such occupation creates no rights over public domain property. The court orders the Ministry of Environment and FONAFIFO to take conservation measures and suspend environmental services payments. The decision reaffirms that State Natural Heritage assets are outside commerce and not subject to usucapion, unless a qualified, ecological possession prior to the domain affectation is proven.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "23/02/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-703302.json", "html_url": "/legal/doc/nexus-sen-1-0034-703302", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-703302" }, { "id": "nexus-sen-1-0034-704791", "citation": "Res. 00037-2017 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "State liability for annulled zoning in the Cerros de Escazú Protective Zone", "title_es": "Responsabilidad del Estado por anulación de zonificación en Zona Protectora Cerros de Escazú", "summary_en": "The Administrative Litigation Court analyzes whether the sued administrations (State, Municipality of Mora, INVU, and SINAC) are civilly liable for damages claimed by a company owning a lot in the Hacienda Los Bambúes Condominium, acquired in 2007 under the 2001 Zoning Regulation, which allowed housing in the Cerros de Escazú Protective Zone. This regulation was annulled by the Constitutional Chamber in 2010 for omitting the environmental variable. The Court examines the nature of regulatory plans, the procedure for their issuance, the mandatory incorporation of the environmental variable, and the property-limitation regime. It concludes there was no absolute uselessness of the property, since the Management Plan issued by SINAC in 2016 allows single-family homes with different parameters. It rejects liability for unlawful conduct based on the regulation's annulment, considering that the constitutional ruling's effects only protect those who had already built and that mere annulment does not automatically generate liability. The ruling, however, focuses on establishing the legal framework for urban planning and its relationship to environment and property, without issuing an indemnity award.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "environmental-law-7554", "subdivision-fraccionamiento" ], "date": "22/03/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-704791.json", "html_url": "/legal/doc/nexus-sen-1-0034-704791", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-704791" }, { "id": "nexus-sen-1-0034-707238", "citation": "Res. 00236-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reversal of denial of possessory information claim in the Los Santos Forest Reserve", "title_es": "Revocatoria de improbación de información posesoria en la Reserva Forestal Los Santos", "summary_en": "The Agrarian Court, by majority, overturns the lower court’s denial of a possessory information claim filed by Agropecuaria La Florida S.A. concerning a property located within the Los Santos Forest Reserve, established in 1975. The majority holds that a comprehensive assessment of the evidence —three witness statements, a transfer deed, a land use study, and a judicial inspection— proved a chain of possession dating back to the 1950s, well over ten years before the protected area was created. Although the third witness stated he had known the land for 45 to 48 years, his coherent description of the chain of transfer allows inferring earlier knowledge. The court also confirmed that the land is used in compliance with soil conservation rules and that natural resources, especially streams and forests, are protected. It orders registration of the property free of liens, prohibits land-use change in forested areas, and subjects the property to the reserve’s management plan. Judge Alvarado Paniagua dissents, deeming the third witness’s testimony insufficient.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "17/03/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-707238.json", "html_url": "/legal/doc/nexus-sen-1-0034-707238", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-707238" }, { "id": "nexus-sen-1-0034-707246", "citation": "Res. 00244-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reversal of rejection of possessory information in a protected zone", "title_es": "Reversión de rechazo de información posesoria en zona protectora", "summary_en": "The Agrarian Court overturns the lower court's rejection of possessory information proceedings brought by Vista Alto del Monte S.A. for an 8,306 m² plot in Atenas, Alajuela, located within the Río Grande Protected Zone. The lower court had dismissed the petition because one 23-year-old witness could not personally attest to ten-year possession prior to the 1976 creation of the protected zone. Applying the free evaluation of evidence standard of agrarian jurisdiction (Article 54 of the Agrarian Jurisdiction Law), the Court considers the three testimonies, the notarized sale deed, and the chain of possession together, finding that quiet, public, peaceful, and uninterrupted possession for over 50 years was proven, both by the petitioner and its predecessors, before and after the protected area designation. It orders registration of the property in the company's name.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "20/03/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-707246.json", "html_url": "/legal/doc/nexus-sen-1-0034-707246", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-707246" }, { "id": "nexus-sen-1-0034-707261", "citation": "Res. 00259-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling requirements in a protected zone — possession chain and conforming use", "title_es": "Requisitos para titular en zona protectora — cadena posesoria y uso conforme", "summary_en": "The Agrarian Tribunal (majority opinion) reverses the lower court ruling and grants the possessory information for a 614 m² property within the Río Toro Protected Zone, established in 1994. The court finds that the petitioner proved a continuous, public, and peaceful family possession chain since the 1970s, satisfying the ten-year requirement of Article 7 of the Possessory Information Law. The majority integrally assessed testimonial and documentary evidence—including donation and sale deeds—and held that the possessory acts did not harm natural resources, as the land use (fallow, natural pastures, and regenerating thicket) conforms to the protected area’s management plan. The property is ordered inscribed with a prohibition on land-use change and subject to legal reserves. A dissenting judge argues that the decennial possession should have been counted from the 1961 Lands and Colonization Law, rather than the 1994 decree, and that converting forest to pasture contradicts the conservation objective.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "23/03/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-707261.json", "html_url": "/legal/doc/nexus-sen-1-0034-707261", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-707261" }, { "id": "nexus-sen-1-0034-707262", "citation": "Res. 00260-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested lands through possessory information", "title_es": "Titulación de terrenos boscosos por información posesoria", "summary_en": "The Agrarian Tribunal, by majority, upholds the approval of possessory information proceedings over a 136-hectare property containing primary and secondary forest, located outside protected wildlands. The tribunal holds that Article 7 of the Possessory Information Law, as amended by Forestry Law No. 7575, expressly allows the titling of forested lands if the petitioner proves ten-year possession, conservation of the natural resource, and demarcation of the property. The majority rejects the argument that forests automatically constitute inalienable State Natural Heritage, reasoning that the 1996 amendment removed that public-domain character and authorized private titling. Judge Alvarado Paniagua’s dissenting vote argues that primary forest has been State Natural Heritage since earlier legislation and that the petitioner failed to prove ten-year possession predating the 1969 Forestry Law. The ruling reveals the legal tension between forest protection as public domain and the statutory pathway for titling forested lands through “ecological possession.”", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "23/03/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-707262.json", "html_url": "/legal/doc/nexus-sen-1-0034-707262", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-707262" }, { "id": "nexus-sen-1-0034-708973", "citation": "Res. 00250-2017 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction over property inside a National Wildlife Refuge", "title_es": "Competencia jurisdiccional en predios dentro de Refugio de Vida Silvestre", "summary_en": "The First Chamber of the Supreme Court resolves a jurisdictional conflict between agrarian and administrative courts. The plaintiff seeks a declaration of ownership by adverse possession over roughly 300 hectares in Sarapiquí. SINAC determined that part of the claimed land lies entirely within the Barra del Colorado National Wildlife Refuge, an area of public domain forming part of the State's Natural Heritage. The Chamber analyzes Article 108 of the Biodiversity Law, which grants jurisdiction to the administrative courts over any biodiversity-related dispute involving the State or public domain property. Although the Agrarian Court had accepted jurisdiction, the First Chamber holds that since the property is public domain, the matter falls under the administrative jurisdiction. It orders the case transferred to the Administrative and Treasury Court.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "property-and-titling", "biodiversity-law-7788", "forestry-law-7575" ], "date": "09/03/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-708973.json", "html_url": "/legal/doc/nexus-sen-1-0034-708973", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-708973" }, { "id": "nexus-sen-1-0034-709057", "citation": "Res. 00305-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Decennial possession in Golfo Dulce Forest Reserve — possessory information approved", "title_es": "Posesión decenal en Reserva Forestal Golfo Dulce — aprobación de información posesoria", "summary_en": "The Agrarian Court upholds the approval of possessory information for a one-hectare property located within the Golfo Dulce Forest Reserve. The majority holds that the petitioner proved, through three witness statements freely assessed, a chain of possession exceeding ten years before the protected area was created in 1978. Although the witnesses did not give exact dates, they consistently described the succession of possessors since 1959, the sale in 2003, and the transfer to the petitioner in 2008-2009. Additionally, the judicial inspection and soil study certified that the land is covered by conserved forest, with no logging or springs, and is 100 % compliant with land-use requirements. The ruling applies Article 7 of the Possessory Information Law and the Constitutional Chamber’s doctrine on acquired rights in protected areas, and prohibits change of land use while ordering compliance with the reserve’s management plan. A dissenting vote argues that the testimony failed to sufficiently prove the required possession, so the petition should have been rejected.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "06/04/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-709057.json", "html_url": "/legal/doc/nexus-sen-1-0034-709057", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-709057" }, { "id": "nexus-sen-1-0034-709130", "citation": "Res. 00378-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Secondary forest regenerated by possessor can be acquired by prescription", "title_es": "Bosque secundario regenerado por poseedor puede ser apropiable por usucapión", "summary_en": "The Agrarian Tribunal resolved an appeal against a judgment that approved a possessory information claim over a property consisting of pasture, scrub, and secondary forest. The Attorney General's Office argued that forested lands are public domain and cannot be acquired by adverse possession. The Tribunal rejected that argument in this case because the forest was secondary, regenerated from pasture and scrub converted to tacotal by the possessor, who has cared for it. The Tribunal held that considering such secondary forest as state-owned would discourage forest regeneration, which is environmentally beneficial for carbon capture. It noted the property is not within a protected area and has no water springs. The Tribunal confirmed the approval of the possessory information and ordered registration in the applicant's name.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "28/04/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-709130.json", "html_url": "/legal/doc/nexus-sen-1-0034-709130", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-709130" }, { "id": "nexus-sen-1-0034-710515", "citation": "Res. 00392-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land through possessory information", "title_es": "Titulación de terreno con bosque mediante información posesoria", "summary_en": "The Agrarian Tribunal upholds the ruling approving the possessory information over a property with primary forest cover and agroforestry use in Acosta. The Attorney General appealed arguing that the forest is part of the State Natural Heritage and that no ten-year possession suitable for adverse possession was proven. The Tribunal reiterates its criterion, endorsed by the Constitutional Chamber (Vote 4587-97), that Article 7 of the Possessory Information Law does not require personal possession but allows benefiting from transmitted possession. It concludes that the petitioner demonstrated more than ten years of possession, both personally and from his predecessors, and that the natural resources have been protected. Only the eastern boundary is corrected to exclude the internal road. The property remains subject to Forestry and Water Law restrictions.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "08/05/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-710515.json", "html_url": "/legal/doc/nexus-sen-1-0034-710515", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-710515" }, { "id": "nexus-sen-1-0034-712907", "citation": "Res. 00050-2017 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of municipal agreement for flawed rationale and lack of technical basis", "title_es": "Nulidad de acuerdo municipal por vicio en el motivo y ausencia de criterio técnico", "summary_en": "The Fourth Chamber of the Contentious Administrative Tribunal declares the absolute nullity of Municipal Agreement No. 03, Ordinary Session 2487-2012, of the Parrita Municipal Council, which revoked a concession application for a coastal lot by classifying it as State Natural Heritage. The Court finds that the municipality relied on an erroneous factual premise: the plaintiff held no current concession but an expired application, and there was no technical proof that over 90% of the plot lay within the Natural Heritage. The lack of documented technical criteria to justify the land-use change and the failure to verify geographic coordinates constitute a defect in the act's rationale, rendering it absolutely void under the principle against arbitrariness and the material truth principle. The claim is partially granted, also annulling all subsequent acts dependent on the challenged agreement.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "17/05/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-712907.json", "html_url": "/legal/doc/nexus-sen-1-0034-712907", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-712907" }, { "id": "nexus-sen-1-0034-712937", "citation": "Res. 00208-2017 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of Municipal Pineapple Moratorium for Lack of Jurisdiction", "title_es": "Anulación de moratoria piñera municipal por vicio de competencia", "summary_en": "The Administrative Appeals Tribunal annulled the Los Chiles Municipal Council's agreement imposing a five-year moratorium on new permits and land-use certificates for pineapple farms. While acknowledging the municipality's commendable environmental intent, the tribunal found the measure exceeded its legal authority and violated the principle of legality, as it restricted fundamental rights—property and freedom of commerce—without a foundation in formal law or a zoning plan. It noted that pesticide regulation falls under national bodies such as the State Phytosanitary Service, and municipalities may only deny licenses under Article 81 of the Municipal Code or where zoning prohibits the use. The tribunal concluded the municipal agreement suffered from a jurisdictional defect, as local authorities cannot impose land-use restrictions through a simple agreement but must do so through zoning plans.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "26/05/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-712937.json", "html_url": "/legal/doc/nexus-sen-1-0034-712937", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-712937" }, { "id": "nexus-sen-1-0034-715612", "citation": "Res. 00575-2017 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction to hear annulment of protected area regulation", "title_es": "Competencia para conocer nulidad de reglamento de área silvestre protegida", "summary_en": "The First Chamber of the Supreme Court confirms that the contentious-administrative jurisdiction is competent to hear a claim seeking the annulment of the Public Use Regulation for Las Baulas de Guanacaste Marine National Park. The plaintiff argued the decree was void and, alternatively, that it did not apply to its properties because they were not part of the protected area. The State raised a jurisdictional challenge, asserting the case fell under agrarian and/or environmental jurisdiction. Interpreting Article 108 of the Biodiversity Law, the Chamber holds that, in the absence of specialized environmental courts, disputes involving administrative acts or public domain assets—here, the plaintiff's properties were partially within the park—belong to the contentious-administrative jurisdiction, thereby clarifying the allocation of jurisdiction in environmental matters.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "biodiversity-law-7788", "procedural-environmental" ], "date": "17/05/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-715612.json", "html_url": "/legal/doc/nexus-sen-1-0034-715612", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-715612" }, { "id": "nexus-sen-1-0034-716039", "citation": "Res. 00077-2017 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of Municipal Cell Tower Regulation Exceeded Regulatory Authority", "title_es": "Anulación de reglamento municipal de torres de celulares por extralimitación de potestad reglamentaria", "summary_en": "The First Chamber of the Supreme Court partially overturns a lower court ruling that had declared absolute nullity of several articles of a municipal regulation on cell tower infrastructure issued by the Municipality of Curridabat. The Chamber holds that the lower court disregarded municipal autonomy and the regulatory power granted by Articles 169 and 170 of the Constitution to local governments to regulate local interests and services, including urban planning, environmental protection, and visual impact. The municipality’s decision to favor utility poles in public spaces over towers on private property to reduce visual and environmental impact falls within its regulatory competence and does not constitute an excess of authority. The Chamber revokes the annulment, dismisses the lawsuit in its entirety, and orders the plaintiff company to pay legal costs.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution" ], "date": "26/01/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-716039.json", "html_url": "/legal/doc/nexus-sen-1-0034-716039", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-716039" }, { "id": "nexus-sen-1-0034-716297", "citation": "Res. 00534-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information titling within Golfo Dulce Forest Reserve", "title_es": "Titulación por información posesoria dentro de Reserva Forestal Golfo Dulce", "summary_en": "The Agrarian Court upheld the approval of a possessory information proceeding for a 54-hectare property within the Golfo Dulce Forest Reserve, established in 1978. The claimant corporation sought registration of title based on the possessory rights of its predecessors. The court found sufficient proof of decennial possession predating the protected area's creation, with a continuous chain of possession dating back to the 1950s, exercised publicly, peacefully, and with respect for natural resources. The Attorney General's Office appealed, alleging inconsistencies between witness testimony and documentary evidence regarding prior possessors, and the improper inclusion of a stream bed in the survey plan. The court rejected these arguments, crediting the witnesses and explaining discrepancies by the reduction in area after excluding land adjacent to the maritime-terrestrial zone. It affirmed the lower court but added restrictions: prohibition of land-use change in forested areas, obligation to comply with the reserve's management plan, respect for watercourse protection areas under the Forestry Law, and subjection to legal reservations of public domain over waters, roads, and forests.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "23/06/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-716297.json", "html_url": "/legal/doc/nexus-sen-1-0034-716297", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-716297" }, { "id": "nexus-sen-1-0034-716311", "citation": "Res. 00550-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Requirements to title a property within a protected wild area", "title_es": "Requisitos para titular finca dentro de área silvestre protegida", "summary_en": "The Agrarian Court overturns the lower court's dismissal of a possessory information proceeding for a forested property inside the Los Santos Forest Reserve. The lower judge had required the applicant to prove possession predating the 1939 Baldíos Law, a revoked statute. The Court corrects this, holding that under Article 7 of the Possessory Information Law, property within a protected wild area requires proof of ten years’ possession prior to the creation of that area—here, before November 12, 1975—plus compliant land use and forest protection. Finding possession since at least 1955, the Court grants titling and orders registration, subject to ICE easement and legal reserves. The ruling clarifies that repealed laws cannot justify denial and reaffirms that land inside protected areas can be titled if historical and ecological requirements are met, protecting the property rights of good-faith possessors who have conserved the forest.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "26/06/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-716311.json", "html_url": "/legal/doc/nexus-sen-1-0034-716311", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-716311" }, { "id": "nexus-sen-1-0034-716340", "citation": "Res. 00519-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Admissibility of titling secondary forest land through possessory information proceedings", "title_es": "Procedencia de titular terreno con bosque secundario mediante información posesoria", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding for land with secondary forest and agricultural use, located outside wilderness protected areas. The Attorney General's Office appealed, arguing that forests are public domain property, inalienable and imprescriptible, and thus could not be possessed or acquired by adverse possession. The Tribunal rejects those arguments, relying on Article 7 of the Possessory Information Law, as amended by Forestry Law 7575, which expressly allows the titling of forested properties outside protected areas if the applicant proves ten-year possession, protection of natural resources, and proper demarcation. The constitutional validity of this provision was confirmed by the Constitutional Chamber (decision 4587-97), so it cannot be disregarded. In this case, the applicants demonstrated possession for over 40 years, the forest is secondary and regenerating, and the property lies outside any protected zone. The ruling notes that the possession exercised combines forest conservation with agricultural production, consistent with sustainable development. In a separate opinion, one judge stresses that this is not primary forest or public domain, and that applying public domain restrictions to secondary forests would discourage forest regeneration.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "19/06/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-716340.json", "html_url": "/legal/doc/nexus-sen-1-0034-716340", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-716340" }, { "id": "nexus-sen-1-0034-718409", "citation": "Res. 00706-2017 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over tree removal involving public domain", "title_es": "Competencia agraria en derribo de árboles con dominio público", "summary_en": "The First Chamber resolved a jurisdictional conflict arising from a tree-removal interdict filed by a rural water board (ASADA). The majority held that because the property involved was subject to public domain —the catchment tanks and the area surrounding the springs, deemed national heritage— jurisdiction lay with the contentious-administrative courts under Article 108 of the Biodiversity Law. The Agrarian Tribunal had rejected the plea of lack of jurisdiction, arguing that the same article assigns biodiversity matters to agrarian courts when the dispute is between private parties and no administrative act or public domain is involved; however, the Chamber found that the public-domain element was present, displacing agrarian jurisdiction. In a dissenting opinion, Justice Escoto maintained that, since neither ownership nor the validity of any administrative act was at issue and the land had agrarian suitability, the criteria established by the Constitutional Chamber pointed to agrarian jurisdiction, and that remitting the case at that stage undermined procedural speediness.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "water-law" ], "date": "22/06/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-718409.json", "html_url": "/legal/doc/nexus-sen-1-0034-718409", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-718409" }, { "id": "nexus-sen-1-0034-721819", "citation": "Res. 01539-2015 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Prevaricato in the Crucitas case: annulment of acquittals and conviction for deficient reasoning", "title_es": "Prevaricato en el caso Crucitas: anulación de absolutorias y condena por deficiente fundamentación", "summary_en": "The Criminal Appeals Court annulled the acquittals of the members of the SETENA Plenary Commission and of the former vice-minister and minister accused as accomplices, as well as the conviction of former Minister Roberto Dobles in the ‘Crucitas’ case. The trial court's judgment was deemed insufficiently reasoned on key aspects: it failed to analyze, through circumstantial evidence, the intent (dolo) in the omission to declare the expiration of the environmental viability permit; it misinterpreted the legal nature of the conversion of the administrative act; and it did not properly distinguish between perpetration and complicity in the crime of prevaricato. The Appeals Court ordered a retrial, holding that the original judgment's reasoning was merely apparent and did not meet the standard required by Article 142 of the Criminal Procedure Code. It also held that res judicata did not attach to the Constitutional Chamber's prior amparo rulings, as they involve proceedings of a different nature.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "environmental-law-7554" ], "date": "19/11/2015", "year": "2015", "json_url": "/data/legal/docs/nexus-sen-1-0034-721819.json", "html_url": "/legal/doc/nexus-sen-1-0034-721819", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-721819" }, { "id": "nexus-sen-1-0034-722019", "citation": "Res. 00632-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Confirmation of possessory information in a protected wilderness area", "title_es": "Confirmación de información posesoria en área silvestre protegida", "summary_en": "The Agrarian Court confirms the approval of possessory information for a property within the Río Macho Forest Reserve. The Attorney General's Office opposed, arguing that the land is within the two-kilometer strip of the Inter-American Highway and contains oak trees, and was therefore already subject to public domain before the reserve was created. The Court rejects this argument, noting that the 1996 Forest Law and Article 7 of the Possessory Information Law allow titling of protected wilderness areas if a ten-year possession prior to the creation of the protected area is proven. The testimonial evidence is assessed under the principle of free evidence evaluation inherent in agrarian proceedings, and the Court finds that quiet, public, peaceful, and continuous possession since at least 1950, prior to the 1964 reserve creation, is sufficiently proven. The ruling adds that the titleholder must comply with INTA recommendations for conservation of the forest, springs, and soils, in compliance with forestry and soil conservation regulations.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "soil-conservation-7779" ], "date": "07/08/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-722019.json", "html_url": "/legal/doc/nexus-sen-1-0034-722019", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-722019" }, { "id": "nexus-sen-1-0034-722984", "citation": "Res. 00414-2017 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Material joinder of Forestry Law violation and disobedience to authority", "title_es": "Concurso material entre infracción a la Ley Forestal y desobediencia a la autoridad", "summary_en": "The Cartago Criminal Appeals Court (Res. 00414-2017) addresses the legal characterization of the offenses of Forestry Law violation for invading a river protection area, disobedience to authority, and usurpation of public domain property. The majority corrects the trial court's ruling by excluding usurpation as it is absorbed by the forestry offense (specialty principle). Regarding the joinder of forestry violation and disobedience, the majority finds a material joinder because the invasion was completed before the cease order, so there is no unity of action: the first is an action offense, the second an omission. A dissenting vote argues for ideal joinder, considering both acts were part of a single authorial plan (building the house) and that disobedience can involve active conduct. The judgment is partially annulled and remanded for resentencing.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "18/08/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-722984.json", "html_url": "/legal/doc/nexus-sen-1-0034-722984", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-722984" }, { "id": "nexus-sen-1-0034-725129", "citation": "Res. 01039-2017 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction over injunction for tree removal in state forest area", "title_es": "Competencia jurisdiccional en interdicto de derribo de árboles en bosque estatal", "summary_en": "The First Chamber of the Supreme Court resolves a jurisdictional conflict between the agrarian and the administrative contentious courts regarding an injunction for tree removal. The plaintiff sought authorization to cut down five trees located in a forested area, alleging danger. The Attorney General's Office raised a material incompetence exception, arguing that since the trees were on state forest land, jurisdiction lay with the administrative contentious court under Article 108 of the Biodiversity Law. The Agrarian Court had rejected the exception, but the First Chamber, in consultation, overturns that decision. It interprets that under Article 108, agrarian jurisdiction only applies to disputes between private parties without any administrative act or public domain involvement. Because the trees are in a forest area that is part of the State's natural heritage, the matter involves public domain, so jurisdiction belongs to the administrative contentious court.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "forestry-law-7575" ], "date": "24/08/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-725129.json", "html_url": "/legal/doc/nexus-sen-1-0034-725129", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-725129" }, { "id": "nexus-sen-1-0034-725131", "citation": "Res. 01042-2017 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdictional competence in tree-felling interdict involving national park trees", "title_es": "Competencia jurisdiccional en interdicto de derribo con árboles en parque nacional", "summary_en": "The First Chamber of the Supreme Court resolves a jurisdictional conflict in a tree-felling interdict where a company sought authorization to cut trees located on its property and also within Piedras Blancas National Park. The Agrarian Tribunal had rejected the incompetence exception, assuming the trees were only on private land. The Chamber applies Article 108 of the Biodiversity Law and Articles 13 and 14 of the Forestry Law, which define the State’s Natural Heritage as unattachable and inalienable. Since public domain property —the national park— is involved, and a state interest is at stake, jurisdiction shifts from agrarian to administrative litigation courts. Consequently, it declares the Contentious-Administrative Court competent.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "property-and-titling" ], "date": "24/08/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-725131.json", "html_url": "/legal/doc/nexus-sen-1-0034-725131", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-725131" }, { "id": "nexus-sen-1-0034-727736", "citation": "Res. 00590-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Regenerating forest is not public domain for possessory information within a wildlife refuge", "title_es": "Bosque en regeneración no es demanio público para información posesoria en refugio de vida silvestre", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding for a 37-hectare property inside the Maquenque Mixed National Wildlife Refuge, established in 2005. The State argued the land was public domain as forest within a protected area and that qualified possession protecting natural resources had not been proven. After analyzing a historical aerial photo-interpretation study, the Tribunal concluded the forest is secondary, regenerating since deforestation halted between 1995 and 2005, and that declaring it public domain would discourage reforestation and carbon capture. It found that springs are protected and deforestation occurred before the relevant ten-year period, rejecting the State's appeals and confirming the ruling ordering registration in the petitioner's name.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "wildlife-law-7317" ], "date": "30/06/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-727736.json", "html_url": "/legal/doc/nexus-sen-1-0034-727736", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-727736" }, { "id": "nexus-sen-1-0034-727813", "citation": "Res. 00810-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information allowed on land in a protective zone if decennial possession predates its creation", "title_es": "Procede información posesoria sobre terreno en zona protectora si se demuestra posesión decenal previa a su creación", "summary_en": "The Agrarian Court of Cartago resolved an appeal by the Attorney General's Office against a judgment that approved possessory information over a plot within the Río Navarro-Río Sombrero Protective Zone, created in 1984. The Attorney General argued insufficient proof of decennial possession prior to the decree and that the current use (pasture and crops) was inconsistent with the protected area's purpose. The Court analyzed the testimonial and documentary evidence, concluding that the chain of possession was demonstrated at least from 1974, ten years before the decree, through complementary testimonies and the 2016 sale-purchase deed. It held that Article 7 of the Possessory Information Law does not require protective use of the resource as a prerequisite for titling, so the current agricultural use does not bar registration. It affirmed the judgment but supplemented it to expressly state that the property is subject to the Forestry Regime, with prohibition of logging, forest extraction, hunting, and burning without authorization.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "29/09/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-727813.json", "html_url": "/legal/doc/nexus-sen-1-0034-727813", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-727813" }, { "id": "nexus-sen-1-0034-731719", "citation": "Res. 00128-2017 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of Decree 26750-MINAE for weakening environmental controls in oil exploration", "title_es": "Anulación del Decreto 26750-MINAE por debilitar controles ambientales en exploración petrolera", "summary_en": "The Administrative Contentious Court declared the absolute nullity of Executive Decree 26750-MINAE of 1998, which had repealed Title X of the Hydrocarbons Law Regulation and divided the Environmental Impact Assessment (EIA) into two phases, allowing the awarding act of an oil concession to become final with only the approval of Phase I (prospecting). The Court held that this division weakened environmental protection by not requiring a comprehensive EIA before the contract became firm, in violation of Article 31 of the Hydrocarbons Law and the preventive and precautionary principles of the Biodiversity Law. It rejected the statute of limitations defense because the decree was an act of continuous effects involving the right to a healthy environment. As a consequence, it reinstated the repealed Title X, which contained a more thorough regulation of EIAs for hydrocarbons.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "04/12/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-731719.json", "html_url": "/legal/doc/nexus-sen-1-0034-731719", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-731719" }, { "id": "nexus-sen-1-0034-731844", "citation": "Res. 00700-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory title within forest reserve upheld", "title_es": "Titulación por información posesoria dentro de reserva forestal", "summary_en": "The Agrarian Tribunal overturned the lower court's ruling and granted a possessory information proceeding filed by Goede Leven DK S.R.L. for a 2,214 m² plot in Pococí, Limón, located within the Cordillera Volcánica Central Forest Reserve. The chamber held that testimonial and documentary evidence proved continuous, uninterrupted private possession since at least 1956—more than ten years before creation of the reserve in 1975—thus satisfying article 7 of the Possessory Information Law. The evidence was evaluated under free-assessment rules and, in applying a gender perspective, the tribunal harmonised the chain of title. It found no contradictions among witnesses, confirmed compliant land use, and found no environmental harm. The tribunal ordered registration of the property in the name of the petitioner, with a prohibition on land-use change and subjection to the reserve's management plan.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "31/08/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-731844.json", "html_url": "/legal/doc/nexus-sen-1-0034-731844", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-731844" }, { "id": "nexus-sen-1-0034-731845", "citation": "Res. 00701-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Land Titling in Los Santos Forest Reserve via Possessory Information", "title_es": "Titulación en Reserva Forestal Los Santos mediante información posesoria", "summary_en": "The Agrarian Tribunal confirms the approval of a possessory information proceeding to register a 21,508 m² plot located within the Los Santos Forest Reserve, established in 1975. The promoting corporation demonstrated, through testimonial and documentary evidence, continuous, public, peaceful, and decennial possession since at least 1952, predating the protected area's declaration. The Tribunal rejects the Attorney General's challenges regarding inconsistencies in the chain of possession and lack of conservation acts, concluding that the requirements of Articles 6 and 7 of the Possessory Information Law and the land tenure regime in protected areas were met. It orders the Public Registry to register the property, but prohibits land-use change in forested areas and mandates the corporation to comply with the reserve's management plan.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "31/08/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-731845.json", "html_url": "/legal/doc/nexus-sen-1-0034-731845", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-731845" }, { "id": "nexus-sen-1-0034-731849", "citation": "Res. 00709-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Approval of possessory information over non-public-domain secondary forest", "title_es": "Aprobación de información posesoria sobre bosque secundario no demanial", "summary_en": "The Agrarian Tribunal, in a majority vote, upholds the approval of a possessory information proceeding over a 956,923 m² property in Guacimal, Puntarenas, described as secondary forest land in regeneration. The Attorney General's Office appealed, arguing the land was forest and thus State natural heritage under the Forestry Laws of 1969, 1990, and the current Law 7575, making it public domain. The Tribunal rejects this argument: because the land is secondary, not primary, forest, the ten-year possession by the petitioners—who cared for and regenerated the land, and it is not within a protected wild area—is sufficient for adverse possession (usucapion). It holds that declaring such secondary forest as public domain would discourage forest regeneration and carbon-capture activities, contradicting environmental policy. Consequently, it upholds the registration order in favor of the petitioner company, subject to setbacks for water bodies and public-domain waters.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "31/08/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-731849.json", "html_url": "/legal/doc/nexus-sen-1-0034-731849", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-731849" }, { "id": "nexus-sen-1-0034-731882", "citation": "Res. 00844-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Possessory Information Claim in Cerros de Escazú Protected Zone", "title_es": "Rechazo de información posesoria en Zona Protectora Cerros de Escazú", "summary_en": "The Agrarian Court upholds the rejection of a possessory information claim filed by Lontananza S.A. concerning a property located within the Cerros de Escazú Protected Zone. The petitioner sought to register the roughly 5‑hectare property in the Public Registry by proving ten‑year adverse possession. However, because the land lies inside a protected wildlife area established in 1976, the law requires showing possession for at least ten years before the protected zone was created—i.e., before 1966—together with protection of the forest resource. After weighing the testimony of three witnesses and the supporting documents, the court found no evidence capable of establishing the requisite qualified possession prior to 1966; even the oldest witness statements reached back only to 1975. The appeal faulted the trial judge’s assessment of the evidence and alleged a failure to question the witnesses about that earlier period, but the court rejects these arguments, emphasizing that the burden of proof rests with the petitioner and that trial strategy is the responsibility of counsel. A mere chain of title does not cure the lack of ten‑year possession before the protective designation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "19/10/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-731882.json", "html_url": "/legal/doc/nexus-sen-1-0034-731882", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-731882" }, { "id": "nexus-sen-1-0034-731883", "citation": "Res. 00845-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling land in Golfo Dulce Forest Reserve through possessory information proceedings", "title_es": "Titulación de terreno en Reserva Forestal Golfo Dulce mediante información posesoria", "summary_en": "The Agrarian Tribunal upheld a ruling that approved the possessory information claim brought by an individual over a 74‑hectare property located within the Golfo Dulce Forest Reserve, created in 1978. The State Attorney’s Office appealed, arguing that possession for ten years prior to the reserve’s creation had not been proven, that a previous dismissed claim constituted res judicata, that a 2007 land-use certificate showed non-compliance, and that the boundary description omitted protection zones of streams. The Tribunal dismissed the objections after jointly evaluating the testimonial and documentary evidence, which showed possession dating back to 1962, and held that formal res judicata does not bar a new possessory information proceeding. It emphasized that the property had regenerated forest cover, demonstrating the applicant’s conservationist conduct, and that all legal requirements were met. The dissenting vote argued that natural-resource protection had not been shown for the entire decennial period prior to the reserve’s creation, so the land should remain public domain.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "19/10/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-731883.json", "html_url": "/legal/doc/nexus-sen-1-0034-731883", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-731883" }, { "id": "nexus-sen-1-0034-731884", "citation": "Res. 00846-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Land titling in Wildlife Refuge and prior ten-year possession", "title_es": "Titulación de terrenos en Refugio de Vida Silvestre y posesión decenal previa", "summary_en": "The Agrarian Tribunal upholds the dismissal of a possessory information claim for two properties located within the Barra del Colorado National Wildlife Refuge. The petitioner failed to prove ten-year possession prior to the creation of the protected area in 1985, as required by Article 7 of the Possessory Information Law as amended by the Forestry Law. The witness testimony was insufficient and contradictory. The ruling reaffirms that to title forested land within protected wild areas, the possessor must demonstrate conservation-oriented possession for at least ten years before the area's declaration, and that such possession may be transmitted by prior possessors according to constitutional case law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "wildlife-law-7317" ], "date": "20/10/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-731884.json", "html_url": "/legal/doc/nexus-sen-1-0034-731884", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-731884" }, { "id": "nexus-sen-1-0034-731949", "citation": "Res. 00883-2017 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "State not required as party in reivindication action despite wetland on private farm", "title_es": "Improcedencia de integrar al Estado en reivindicatoria por existencia de humedal en finca privada", "summary_en": "The Agrarian Tribunal rejects the nullity claim and upholds the first-instance ruling that partially granted an agrarian reivindication action. The plaintiff, a corporation registered as the owner of a farm within the Barra del Colorado Wildlife Refuge, sought recovery of a portion of land occupied by the defendant. The defendant appealed, arguing nullity because the farm includes a yolillal (wetland) allegedly part of the State's Natural Heritage and because of an alleged double title with JAPDEVA, requesting the State be joined. The Tribunal holds that a private farm does not become public domain merely by being within a protected wilderness area without expropriation or voluntary submission to the forestry regime, as this would hollow out the constitutional right to property. Furthermore, the defendant lacks standing to assert third-party rights (JAPDEVA). Challenges regarding proof of identity of the property and standing are rejected by applying the system of free evaluation of evidence, and the cost exemption is confirmed due to absence of procedural bad faith.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "30/10/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-731949.json", "html_url": "/legal/doc/nexus-sen-1-0034-731949", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-731949" }, { "id": "nexus-sen-1-0034-734181", "citation": "Res. 01557-2017 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of material and environmental damages in amparo enforcement for water pollution", "title_es": "Improcedencia de indemnización por daño material y ambiental en ejecución de amparo por contaminación de aguas", "summary_en": "The First Chamber of the Supreme Court reviews a cassation appeal filed in the enforcement stage of a constitutional amparo ruling that ordered the Municipalities of Barva and San Rafael de Heredia to stop the discharge of wastewater onto the claimant's property. The claimant had sought compensation for material, environmental, and moral damages. The First Chamber upholds the lower court's decision rejecting material and environmental damages and partially granting subjective moral damages. On material damages, the Chamber agrees that no causal link was proven between municipal omissions and housing decay, given natural deterioration and lack of maintenance. Environmental damage is rejected as a diffuse interest not individually compensable. As for moral damages, the awarded sum is maintained—despite the Chamber considering it could have been lower—under the principle of no reform to the appellant's detriment. The cassation appeal is dismissed with costs to the appellant.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "06/12/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-734181.json", "html_url": "/legal/doc/nexus-sen-1-0034-734181", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-734181" }, { "id": "nexus-sen-1-0034-737099", "citation": "Res. 00095-2018 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Restitution of property ordered despite penal acquittal and absence of civil action when better possessory right is proven", "title_es": "Restitución de inmueble procede pese a absolutoria penal y ausencia de acción civil si se acredita mejor derecho de posesión", "summary_en": "The Criminal Sentence Appeals Court of the Second Judicial Circuit of San José upheld a decision that acquitted a defendant of usurpation but ordered the restitution of the property to the victim. The defense argued that, since no civil action for damages had been filed and the defendant was acquitted, restitution could not be ordered ex officio. The court rejected the appeal, holding that Article 366 of the Criminal Procedure Code empowers the judge to order the restitution of objects involved in the proceeding even in acquittal judgments, without the need for the injured party to file a civil claim. It found that the victim proved a better right of possession over the lands, acquired since 1997, while the accused only presented a private document predating the victim's but failed to demonstrate effective possession. The restitution was deemed a logical consequence of the evidence, not a criminal or civil sanction. The ruling reaffirms the jurisprudence that allows the criminal judge to restore the situation prior to the crime when ownership or a better right is established in the trial, even ex officio.", "primary_topic_id": null, "topic_ids": [], "date": "30/01/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-737099.json", "html_url": "/legal/doc/nexus-sen-1-0034-737099", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-737099" }, { "id": "nexus-sen-1-0034-738986", "citation": "Res. 00017-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Impossibility of declaring a better right of possession over lands in the maritime zone and Gandoca-Manzanillo Wildlife Refuge", "title_es": "Imposibilidad de declarar mejor derecho de posesión sobre terrenos en zona marítimo terrestre y Refugio de Vida Silvestre Gandoca-Manzanillo", "summary_en": "The Agrarian Court heard an ordinary lawsuit in which the plaintiffs sought a declaration of a better right of possession over land located in the maritime terrestrial zone and within the Gandoca-Manzanillo National Wildlife Refuge. Both the State and the private co-defendant appealed the first-instance judgment, which had recognized such right in favor of the plaintiffs. The court analyzed the legal nature of the property and determined it is a public domain (demanial) asset with a dual designation: part of the maritime zone since 1828 and of the Wildlife Refuge since 1985. It held that demanial assets are inalienable, imprescriptible, and unseizable, thus outside commerce and not subject to private appropriation or possession giving rise to property or preferential possession rights. Further, it concluded that the plaintiffs failed to prove continuous possession consistent with the nature of the lands—characterized by dense forest cover and wetlands—and that their acts (clearing, fencing) were expressly prohibited by the Maritime Zone Law and the Forestry Law. Consequently, the appealed judgment was partially reversed, the defense of lack of right was upheld, and the lawsuit was dismissed in its entirety.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "wildlife-law-7317" ], "date": "24/01/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-738986.json", "html_url": "/legal/doc/nexus-sen-1-0034-738986", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-738986" }, { "id": "nexus-sen-1-0034-739877", "citation": "Res. 00190-2018 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial annulment of sentence for insufficient reasoning in forestry crimes", "title_es": "Anulación parcial de pena por falta de fundamentación en delitos forestales", "summary_en": "The Criminal Sentence Appeals Tribunal partially annuls criminal sentence 405-2017, which convicted a defendant for tree girdling, illegal forest harvesting, and forest land-use change, solely regarding the imposed penalty. The prosecution appealed the minimum sentence of one month per crime, arguing insufficient reasoning and failure to analyze the seriousness of the acts, such as the systematic deforestation of four hectares, loss of biodiversity, hydrological impacts, and landslide risks affecting the community. The appeals court grants the appeal, finding that the lower judge made contradictions and failed to evaluate key evidence on environmental harm, breaching Article 71 of the Penal Code and Article 66 of the Forestry Law. It also notes an error in the application of multiple-offense rules, as the total exceeded triple the highest penalty, violating Article 76 of the Penal Code. The case is remanded for a new penalty determination, keeping the rest of the judgment intact.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "16/02/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-739877.json", "html_url": "/legal/doc/nexus-sen-1-0034-739877", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-739877" }, { "id": "nexus-sen-1-0034-742224", "citation": "Res. 00157-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of titling in Río Macho Forest Reserve for insufficient proof", "title_es": "Titulación en Reserva Forestal Río Macho denegada por insuficiencia probatoria", "summary_en": "The Agrarian Tribunal overturns the approval of possessory information proceedings and denies the titling of a 3.36‑ha property located in La Esperanza, El Guarco, Cartago, within the Río Macho Forest Reserve. The estate claimed to have possessed the land since at least 1950, but the witnesses did not directly attest to the chain of transmission from the previous possessor or specify the duration and characteristics of that possession. The tribunal holds that, because the property lies in a protected area created in 1964, the possession required for adverse possession must have existed for at least ten years before that date, i.e., since 1954. The evidence —three witnesses who stated they knew the property since 1950 and 1955— failed to prove a ten‑year possession prior to 1964 with the requisite animus domini under Article 856 of the Civil Code, given that from 1945 to 1961 the land was declared a National Park and later subject to domain restrictions, which prevented valid possessory acts.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "27/02/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-742224.json", "html_url": "/legal/doc/nexus-sen-1-0034-742224", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-742224" }, { "id": "nexus-sen-1-0034-742421", "citation": "Res. 00113-2018 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Distinguishing permanent vs. instant forest crimes for criminal statute of limitations", "title_es": "Diferenciación de delitos forestales permanentes e instantáneos para la prescripción penal", "summary_en": "This ruling by the Guanacaste Criminal Appeals Court addressed an appeal against a definitive dismissal due to the statute of limitations in a case for violations of the Forestry Law. The Attorney General's Office argued that the charged offenses (invasion of water protection areas, construction of roads in forests, and land-use change) are permanent-effect crimes, so the statute of limitations had not begun while the works remained. The court distinguished between permanent-effect crimes (like the invasion of the water protection zone, where the constructed objects—bridge, sediment trap, ballast—persist in altering the stream) and instant crimes (like the road construction and terraces that eliminated forest cover, acts completed at a specific moment). It partially granted the appeal, annulled the dismissal for counts three and four (invasion of water protection areas), and ordered a retrial with a new panel, while upholding the dismissal for counts five and six (road and terrace construction) as time-barred.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575", "water-law" ], "date": "06/04/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-742421.json", "html_url": "/legal/doc/nexus-sen-1-0034-742421", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-742421" }, { "id": "nexus-sen-1-0034-746360", "citation": "Res. 00153-2018 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction over Forest Land Declared State Natural Heritage", "title_es": "Competencia sobre inmueble con bosque declarado Patrimonio Natural del Estado", "summary_en": "The First Chamber of the Supreme Court resolved a jurisdictional conflict between the agrarian and administrative contentious courts. The case concerns a lawsuit seeking annulment of an administrative procedure that revoked title to a parcel in the Lajas Settlement, whose land has forest cover and was classified as State Natural Heritage. Plaintiffs sought to revert the property registration to their name. The Agrarian Tribunal had dismissed the jurisdictional challenge, but the State objected, arguing the land is forest and part of the public domain. The Chamber held that under Article 108 of the Biodiversity Law and Articles 13-14 of the Forestry Law, since the property potentially forms part of the State's natural heritage, jurisdiction lies with the administrative contentious court, not the agrarian court. The case was transferred accordingly.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "01/03/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-746360.json", "html_url": "/legal/doc/nexus-sen-1-0034-746360", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-746360" }, { "id": "nexus-sen-1-0034-746524", "citation": "Res. 00208-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Requirements for titling land within protected wild areas", "title_es": "Requisitos para titular terrenos dentro de áreas silvestres protegidas", "summary_en": "This Agrarian Tribunal ruling analyzes an appeal against the denial of an agrarian possessory information proceeding concerning a property located within the Los Santos Forest Reserve. The court revokes the lower court's judgment and approves the possessory information, finding that the applicant proved an uninterrupted possessory chain of more than ten years before the reserve's creation in 1975. The decision applies Article 7 of the Possessory Information Law, Article 58 of the Biodiversity Law, and Article 13 of the Forestry Law, interpreting that while a protected area has a special legal regime and eventually becomes part of the State's natural heritage, previously acquired possessory rights must be recognized. The court evaluates new documentary evidence (a 1971 public deed) and testimonial evidence to establish the antiquity of possession, and rejects the appellant's nullity claims and challenges to witness examination. The ruling clarifies that the burden of proof lies with the applicant and that the mere existence of a protected area does not bar titling if the temporal requirements are met.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "biodiversity-law-7788" ], "date": "14/03/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-746524.json", "html_url": "/legal/doc/nexus-sen-1-0034-746524", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-746524" }, { "id": "nexus-sen-1-0034-746583", "citation": "Res. 00247-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict liability for herbicide damage to adjoining crop", "title_es": "Responsabilidad objetiva por daños de herbicida en cultivo colindante", "summary_en": "The Agrarian Tribunal upholds the award against the defendant, a sugarcane producer, for damage caused to the plaintiff's rice crop by application of the herbicide Diuron. The court applies a strict liability regime under the Organic Environmental Law (articles 2, 98, 101) and the Phytosanitary Protection Law (article 32), which imposes a duty to compensate without proof of fault because agricultural chemical application is a hazardous activity. The defendant's appeal grievances are rejected since the causal link between the Diuron application and the rice phytotoxicity was proven through expert evidence, residue sampling, and witness testimony. The judgment awards ₡5,376,601.75 for lost yield on 6.4 hectares, plus legal interest, without a special costs order. The ruling reaffirms the risk-creation theory for hazardous activities.", "primary_topic_id": null, "topic_ids": [ "soil-conservation-7779" ], "date": "21/03/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-746583.json", "html_url": "/legal/doc/nexus-sen-1-0034-746583", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-746583" }, { "id": "nexus-sen-1-0034-746945", "citation": "Res. 00079-2017 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad for Titling of Lands Belonging to State Natural Heritage", "title_es": "Lesividad por titulación de terrenos del Patrimonio Natural del Estado", "summary_en": "The Second Section of the Contentious-Administrative Tribunal upheld a lesividad claim filed by INDER against Ganadera Loma Linda S.A., declaring the absolute nullity of the IDA Board of Directors’ 2004 agreement that authorized the titling of a partially forested parcel under the Aranjuez River Basin Titling Project. The tribunal found that the IDA titled the land even though a MINAE certification stated that the property partially constituted State Natural Heritage under Articles 13, 14, and 15 of the Forestry Law, and without the soil-use conformity study required under the Soil Use, Management and Conservation Law. The court rejected the defendant’s statute-of-limitations and expiration defenses, reiterating that public-domain assets —such as the State Natural Heritage— are unseizable, inalienable, and imprescriptible, and that the lesividad action for their protection is not subject to any deadline under Article 34 of the Contentious-Administrative Procedure Code. Consequently, the court annulled the board resolution, the transfer deed, and the registry entry, and ordered the defendant to pay both sets of costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "soil-conservation-7779" ], "date": "30/11/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-746945.json", "html_url": "/legal/doc/nexus-sen-1-0034-746945", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-746945" }, { "id": "nexus-sen-1-0034-747333", "citation": "Res. 00011-2018 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INDER liability for unjustified delay in land titling procedure", "title_es": "Responsabilidad del INDER por retardo injustificado en procedimiento de titulación", "summary_en": "The Administrative Court reviews a claim against INDER for the excessive delay in titling a Gromaco Settlement plot. The parcel was awarded to an elderly woman in 2008 but not formally titled until 2017. The court finds multiple periods of unjustified stalling attributable to the Institute, including total inactivity in 2014 and failure to timely catch documentary and registry errors. This abnormal administrative functioning caused the beneficiary subjective moral damages—anguish and uncertainty—for which INDER is ordered to pay one million colones plus costs. However, the court denies the request to lift the fifteen-year statutory encumbrances on the property, since those limitations are mandated by Law 9036 and the Land and Colonization Law.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "27/02/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-747333.json", "html_url": "/legal/doc/nexus-sen-1-0034-747333", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-747333" }, { "id": "nexus-sen-1-0034-749625", "citation": "Res. 00263-2018 Sala Tercera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Invasion of a protected area subsumes usurpation of public domain", "title_es": "Invasión de área de protección subsume usurpación de dominio público", "summary_en": "The Third Chamber of the Supreme Court of Justice rejects the cassation appeal filed by the Public Prosecutor's Office and upholds the Appeals Court's decision to reclassify the facts as an apparent concurrence of norms. The accused invaded the protection area of the Limoncito River on state-owned land to build a house. The trial court convicted him of three offenses in material concurrence: invasion of a protected area (Forestry Law), disobedience to authority, and usurpation of public domain property. The Chamber holds that, under the principle of specialty in Article 23 of the Penal Code, the crime of usurpation of public domain property is subsumed within the crime of invasion of a protected area under Article 58(a) of the Forestry Law, because the latter contains all elements of usurpation plus a specializing element: harm to a protected environmental resource. The conduct constitutes a single action that primarily injures the legal interest of the environment, so the Forestry Law displaces the general usurpation provision.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "30/04/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-749625.json", "html_url": "/legal/doc/nexus-sen-1-0034-749625", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-749625" }, { "id": "nexus-sen-1-0034-749765", "citation": "Res. 00351-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Retroactive application of forestry and soil regulations cannot defeat agrarian land titling", "title_es": "No se puede negar titulación agraria basándose retroactivamente en normativa forestal y de suelos", "summary_en": "This Agrarian Tribunal ruling upholds a lower court decision granting an ordinary agrarian claim against INDER (Rural Development Institute). The plaintiff had possessed a parcel in the Paso Bolaños settlement for over 27 years and sought formal title. INDER opposed, arguing that part of the land was class VIII soil, forming part of the State Natural Heritage, and thus ineligible for adjudication. The Tribunal rejected this defense, holding that the invoked forestry and soil regulations postdate the original 1988 parcel allocation and cannot be applied retroactively without violating legal certainty. Furthermore, a MINAE certification confirmed the property is not part of the State Natural Heritage. The ruling orders INDER to grant the deed, subject to technical soil-use recommendations from the Certificate of Conforming Use, including mandatory riparian protection zones under the Forestry Law. The judgment also upholds the award of costs against INDER for its nearly 30-year administrative delay and bad faith litigation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "26/04/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-749765.json", "html_url": "/legal/doc/nexus-sen-1-0034-749765", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-749765" }, { "id": "nexus-sen-1-0034-848737", "citation": "Res. 00581-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling Forested Land via Possessory Information under Law 7575", "title_es": "Titulación de terrenos con bosque mediante información posesoria bajo la Ley 7575", "summary_en": "The Agrarian Tribunal upholds a lower court ruling that allowed a private individual to register a forested property (63% secondary forest) in Buenos Aires, Puntarenas, through a possessory information proceeding. The Prosecutor's Office appealed, arguing that the land, being mountainous, is state-owned natural heritage since the 1969 Forestry Law and that possession prior to that date was not proven. The Tribunal rejects the appeal based on Article 7 of the Possessory Information Law, as amended by Forestry Law 7575 of 1996, which permits titling forested land if the applicant proves ten years of forest protection and proper demarcation, without requiring possession predating 1969. The Constitutional Chamber upheld the constitutionality of this provision (rulings 4587-97 and 1667-2010), thus it remains applicable. The first-instance decision is confirmed, ordering registration with the limitation of respecting watercourse protection zones under Article 33 of the Forestry Law and Articles 1 and 3 of the Water Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "26/06/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-848737.json", "html_url": "/legal/doc/nexus-sen-1-0034-848737", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-848737" }, { "id": "nexus-sen-1-0034-848753", "citation": "Res. 00602-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested lands through possessory information proceedings", "title_es": "Titulación de terrenos boscosos por información posesoria", "summary_en": "The Agrarian Court upholds the approval of a possessory information proceeding to title a 59-hectare property covered with secondary forest in Hojancha, Guanacaste, outside protected areas. The Attorney General's Office appealed, arguing that forests are inalienable public domain goods not subject to adverse possession, and that the ten-year possession was insufficient. The Court rejects the grievances: Article 7 of the Possessory Information Law, as amended by Forestry Law 7575, expressly permits titling of forested lands if ten-year possession, resource protection, and proper demarcation are proven—a provision upheld as constitutional by the Constitutional Chamber. Here, peaceful possession for over 30 years, compliant land use, natural forest regeneration, and absence of logging or burning were demonstrated. The ruling is modified only to correct a boundary description by removing an unregistered right-of-way. One judge adds that denying title for regenerated secondary forest would discourage conservation and carbon sequestration efforts.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "28/06/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-848753.json", "html_url": "/legal/doc/nexus-sen-1-0034-848753", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-848753" }, { "id": "nexus-sen-1-0034-848781", "citation": "Res. 00363-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land through possessory information proceedings", "title_es": "Titulación de terrenos con cobertura forestal mediante información posesoria", "summary_en": "The Agrarian Court upheld the registration of a 41-hectare property with scrub and forest cover, located outside protected wild areas, in favor of the petitioner who proved possession and acts of protection of the natural resource for at least ten years, pursuant to Article 7 of the Possessory Information Law, as amended by Forestry Law No. 7575. The Attorney General's Office appealed, arguing that since it is forest land (State natural heritage under the 1969 Forestry Law), the petitioner had to prove ten-year possession exercised before that date. The Court rejected this, holding that the 1996 amendment only requires proof of protective acts for ten years prior to the application and that the property be demarcated, requirements met in the record. It cited Constitutional Chamber precedents (Rulings 4587-97 and 1667-2010) that upheld the constitutionality of Article 7 and its interpretation. The ruling imposed statutory limitations: Public Roads Law setbacks and watercourse protection zones under Forestry Law Article 33, prohibiting tree cutting in those areas.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "30/04/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-848781.json", "html_url": "/legal/doc/nexus-sen-1-0034-848781", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-848781" }, { "id": "nexus-sen-1-0034-849095", "citation": "Res. 01485-2017 Sala Primera de la Corte", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad and eviction in Alberto Manuel Brenes Biological Reserve", "title_es": "Lesividad y desalojo en Reserva Biológica Alberto Manuel Brenes", "summary_en": "The First Chamber of the Supreme Court, in a lesividad (harmfulness) proceeding brought by the State, declares the nullity of ministerial endorsements and cadastral entries granted to individuals over lands within the Alberto Manuel Brenes Biological Reserve. The Chamber holds that the authorization required by Article 47 of the National Cadastre Law Regulations, read together with Article 7 of the Possessory Information Law, is not a mere formality; it requires verification that applicants prove ten-year possession prior to the reserve’s creation (1975). Since such possession was not proven, the administrative acts were contrary to law and are annulled. The Chamber reverses the Administrative Court’s ruling that had dismissed the claim and, in addition to confirming the annulment, orders eviction of the occupants within 15 business days, commissioning the Public Force for enforcement. Other claims for damages are rejected for lack of evidence.", "primary_topic_id": "property-and-titling", "topic_ids": [ "procedural-environmental", "property-and-titling" ], "date": "30/11/2017", "year": "2017", "json_url": "/data/legal/docs/nexus-sen-1-0034-849095.json", "html_url": "/legal/doc/nexus-sen-1-0034-849095", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-849095" }, { "id": "nexus-sen-1-0034-850815", "citation": "Res. 00484-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling within Nicoya Peninsula Protective Zone Requires Pre-Existing Decennial Possession and Compliance with Technical Recommendations", "title_es": "Titulación en Zona Protectora Península de Nicoya exige posesión decenal previa y acatamiento de recomendaciones técnicas", "summary_en": "The Agrarian Court upheld the approval of a possessory information proceeding for land partly within the Nicoya Peninsula Protective Zone, established in 1994. The petitioner proved continuous material possession since at least 1968, first by a predecessor and then personally, meeting Article 7 of the Possessory Information Law’s requirement of ten-year possession prior to the creation of the protected area. The court rejected the Attorney General’s arguments regarding inconsistencies in transfer dates, finding the witnesses consistent in describing the possession chain. Regarding soil use conformity, three studies were evaluated; although the first two noted erosion from extensive livestock farming, the final study certified 100% conforming use after compliance with technical recommendations. The court emphasized that the property right was consolidated by adverse possession before the Soil Use, Management and Conservation Law (1998) took effect, so later regulatory requirements cannot be applied retroactively. The ruling clarifies that approving the possessory information does not exempt the owner from complying with technical recommendations or from state oversight.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "soil-conservation-7779" ], "date": "31/05/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-850815.json", "html_url": "/legal/doc/nexus-sen-1-0034-850815", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-850815" }, { "id": "nexus-sen-1-0034-850817", "citation": "Res. 00506-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information within Turrubares Hills Protective Zone", "title_es": "Información posesoria dentro de Zona Protectora Cerros de Turrubares", "summary_en": "The Agrarian Court upheld the approval of a possessory information proceeding filed by SAN [Nombre1] S.A., represented by its general agent, over a 738,526 m² property located in Turrubares, San José, within the Cerros de Turrubares Protective Zone (created by Law 6900 of 1983). The Attorney General's Office appealed, arguing insufficient evidence of ten-year possession prior to the creation of the protected area, failure to protect water and soil resources, and omission in the cadastral map of one of the springs. The Court dismissed the grievances after a comprehensive assessment of witness testimony—which established a chain of possession by the [Nombre5] family dating back before 1973—along with land use studies and a judicial inspection, concluding that continuous and suitable possession, compliance with environmental technical recommendations, and the existence of only one spring on the property were proven. The ruling reiterates that the property right by adverse possession was consolidated before the enactment of the Soil Use, Management and Conservation Law (1998) and that retroactive application of subsequent regulatory requirements is not permissible.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "11/06/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-850817.json", "html_url": "/legal/doc/nexus-sen-1-0034-850817", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-850817" }, { "id": "nexus-sen-1-0034-850830", "citation": "Res. 00066-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land outside protected areas via possessory information proceedings", "title_es": "Titulación de inmueble boscoso fuera de área silvestre protegida mediante información posesoria", "summary_en": "The Agrarian Court confirms the trial court's approval of possessory title registration for a forested property owned by the Consorcio Nacional de Empresas de Electrificación de Costa Rica R.L., located in San Bosco, San Ramón, Alajuela, outside protected areas. The Attorney General's Office appealed, arguing that forested land is public domain and cannot be acquired by adverse possession. The Court rejects this, holding that Article 7 of the Possessory Information Law, as amended by Forestry Law 7575, expressly authorizes titling of forested properties outside protected areas, provided the applicant proves ten-year possession, resource protection, and clear boundaries. The Court finds these met through testimony, judicial inspection, and soil study. It upholds the constitutionality of the rule (Constitutional Chamber decision 4587-97) and denies the claim that forests on private land outside protected areas automatically become inalienable public domain.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "31/01/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-850830.json", "html_url": "/legal/doc/nexus-sen-1-0034-850830", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-850830" }, { "id": "nexus-sen-1-0034-851348", "citation": "Res. 00052-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ecological Possession and Titling of Forested Land Through Possessory Information", "title_es": "Posesión ecológica y titulación de terreno con bosque mediante información posesoria", "summary_en": "This ruling by the Agrarian Tribunal decides an appeal filed by the Attorney General's Office against the approval of possessory information proceedings for a property with pasture and primary forest. The Attorney General argued that the forested land was part of national reserves and thus imprescriptible under prior laws. The Tribunal confirms the lower court's decision, elaborating on the concept of \"ecological possession\" as a requirement for adverse possession of forested land. It holds that, following the evolution of environmental law and the reform of Article 7 of the Possessory Information Law by Forestry Law No. 7575, it is possible to acquire ownership of formerly reserved forested land by proving a ten‑year possession characterized by conservation and protection of the forest resource, including possession transferred from predecessors. In this case, the applicant and her predecessors had maintained the forest, fostered natural regeneration, and refrained from commercial logging, thus meeting the ecological possession standard.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "22/01/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-851348.json", "html_url": "/legal/doc/nexus-sen-1-0034-851348", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-851348" }, { "id": "nexus-sen-1-0034-852017", "citation": "Res. 00281-2018 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Invasion of protected area and disproportionate security measure", "title_es": "Invasión a zona protegida y medida de seguridad desproporcional", "summary_en": "The Criminal Appeals Tribunal of Cartago partially overturned a ruling that imposed a six-month compulsory psychiatric internment measure on an elderly adult for the crimes of invading a protected area and changing land use. The trial court had relied on a forensic psychological report declaring the defendant lacked the cognitive and volitional capacity to understand the wrongfulness of his acts, and instead of a sentence, imposed a security measure. On appeal, the defense argued that the reasoning was insufficient because the court failed to consider less restrictive alternatives such as outpatient treatment, and gave no technical or proportionate explanation for the internment. The appeals court upheld the challenge by applying the constitutional principle of proportionality and its sub-principles of suitability, necessity, and proportionality in the strict sense, citing precedents of the Criminal Chamber of the Supreme Court. It ordered a retrial solely on the security measure, while affirming the finding of guilt.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "08/06/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-852017.json", "html_url": "/legal/doc/nexus-sen-1-0034-852017", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-852017" }, { "id": "nexus-sen-1-0034-852019", "citation": "Res. 00283-2018 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Failure to Notify Registered Owner Violates Due Process in Demolition Order for Forestry Offense", "title_es": "Omisión de notificar al propietario registral quebranta el debido proceso en orden de demolición por infracción forestal", "summary_en": "The Cartago Criminal Appeals Court partially annuls the trial court's judgment, which had acquitted the defendant of illegal logging and land-use change but ordered the demolition of a house built on the property. The appellate court held that the demolition order directly affected the property rights of the defendant's husband, the registered owner, who was never notified or given an opportunity to defend his interests in the criminal proceedings. This omission violated due process and effective judicial protection, leading the court to declare that part of the decision ineffective. The court further directed that any discussion about demolition must be conducted through the appropriate administrative or judicial channels, where the owner can fully participate. The ruling reaffirms the constitutional doctrine requiring that any judicial decision restricting a third party's property rights be preceded by proper notice and a chance to be heard.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "08/06/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-852019.json", "html_url": "/legal/doc/nexus-sen-1-0034-852019", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-852019" }, { "id": "nexus-sen-1-0034-854869", "citation": "Res. 00636-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ecological possession allows adverse possession on forest land", "title_es": "Posesión ecológica permite usucapión en terrenos con bosque", "summary_en": "The Agrarian Court confirms a possessory information proceeding over 62 hectares of primary forest in Golfito. The Attorney General's Office appealed, arguing that the forest is part of the State's Natural Heritage (Patrimonio Natural del Estado) and therefore inalienable, and that there was an undelimited public road. The Court rejects both arguments. Regarding the road, it finds that the Municipality of Golfito does not have it inventoried as a public thoroughfare, so it lacks demanial character. As for forest cover, the Court extensively develops the doctrine of 'ecological possession' (posesión ecológica): since the 1996 amendment to the Possessory Information Law, adverse possession of forested land is permitted provided that ten-year possession (original or transmitted) is proven and that the possessory acts consisted of conservation and protection of the forest resource. Here, judicial inspection and witness testimony demonstrated over 10 years of quiet, public possession dedicated to caring for the primary forest, with no impact on protected areas or springs. The ruling systematizes the legal evolution from the 1961 Land and Colonization Law to Forestry Law 7575, and cites Constitutional Court Vote 4587-97 to reiterate that Article 7 of the Possessory Information Law is not unconstitutional and that ecological possession qualifies for adverse possession.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "10/07/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-854869.json", "html_url": "/legal/doc/nexus-sen-1-0034-854869", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-854869" }, { "id": "nexus-sen-1-0034-856719", "citation": "Res. 00773-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Enforcement of judgment — lost profits for environmental services payments in disputed forest area", "title_es": "Ejecución de sentencia — lucro cesante por PSA en área boscosa en litigio", "summary_en": "The Agrarian Tribunal hears an enforcement action filed by Agro Forestales de Sixaola S.A. against a defendant who illegally occupied 53.21 hectares of forest on the plaintiff's property. The plaintiff seeks lost profits for being unable to enroll that area in FONAFIFO's environmental services payment (PSA) program. The lower court partially granted the claim, ordering the defendant to pay 12.1 million colones. The defendant appeals, arguing lack of proof of the affected area, the absence of PSA contracts during the entire claimed period, and that the land was not forest. The Tribunal partially overturns the ruling: it upholds that the disputed area was indeed forest and that the plaintiff had PSA contracts, but adjusts the compensable period, excluding times when no contract was in force (2002–2004 and 2010–2011). The Tribunal reduces the lost-profits award to 5,468,289.20 colones, corresponding to the first PSA contract (2005–2010), and affirms the remainder of the judgment.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "21/08/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-856719.json", "html_url": "/legal/doc/nexus-sen-1-0034-856719", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-856719" }, { "id": "nexus-sen-1-0034-856783", "citation": "Res. 00837-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Land survey correction in a protected area — Posessory chain from 1943 and protection of water resources", "title_es": "Rectificación de medida en área silvestre protegida — Cadena posesoria desde 1943 y protección del recurso hídrico", "summary_en": "The Agrarian Court upheld the approval of a land survey rectification for a property registered since 1887 within the Cerros de Escazú Protected Zone. The request sought to adjust the registered area from 1 ha 483.44 m² to the actual 3 ha 1108 m², under Articles 13 and 14 of the Possessory Information Law. The majority held that witness testimony proved a continuous possessory chain since at least 1943 and demonstrated ecological possession by protecting the stream crossing the land in accordance with Article 33 of the Forestry Law. It rejected the Attorney General's objections regarding res judicata, insufficient evidence, and the application of Article 7(c) of the Land and Colonization Law, finding no water catchments or springs supplying communities. The court ruled that the correction did not exceed Article 13 limits and that national reservations under the Water and Public Roads Laws remained in force. A dissenting judge argued the area increase exceeded the 50% cap and the land should be reserved as public domain due to its importance for drinking water supply.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "30/08/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-856783.json", "html_url": "/legal/doc/nexus-sen-1-0034-856783", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-856783" }, { "id": "nexus-sen-1-0034-857013", "citation": "Res. 00513-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land through possessory information outside protected wild areas", "title_es": "Titulación de terrenos boscosos por información posesoria fuera de áreas silvestres protegidas", "summary_en": "The Agrarian Tribunal, by majority vote, confirms the approval of a possessory information proceeding for a property with forest cover (reforestation and secondary forest) located outside protected wild areas. The Attorney General's Office opposed, arguing that forests and forest lands form part of the State's Natural Heritage, are inalienable and imprescriptible, and therefore cannot be titled to private individuals. The Tribunal rejects this argument, holding that Article 7 of the Possessory Information Law, as amended by Forestry Law 7575, expressly permits the titling of forested lands outside protected wild areas, provided that ten-year possession, protection of the natural resource, and proper delimitation of the property are demonstrated. It clarifies that, unlike protected wild areas, there is no requirement that possession must have been consolidated before the 1969 State forest heritage declaration. The constitutionality of this interpretation was upheld by the Constitutional Chamber in ruling 4587-97 and a subsequent consultation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "24/06/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-857013.json", "html_url": "/legal/doc/nexus-sen-1-0034-857013", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-857013" }, { "id": "nexus-sen-1-0034-860052", "citation": "Res. 00071-2018 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INDER revocation of family farm for abandonment — due process and social function", "title_es": "INDER revocación de granja familiar por abandono — debido proceso y función social", "summary_en": "The Contentious-Administrative Tribunal, Section IV, dismisses the claim of a family farm allottee who challenged the INDER’s revocation of his plot for unjustified abandonment. The ruling reaffirms that family farms allotted by INDER are subject to a special property regime, distinct from ordinary private property, driven by the social function of land under Article 50 of the Constitution and the Land and Colonization Law No. 2825. The beneficiary must personally farm the land and build a dwelling, on pain of losing the right. The court finds that although the claimant held the farm since 1999, he never lived there nor cultivated it effectively, and that INDER conducted multiple inspections and warnings, respecting due process, before revoking the allotment. The court holds that the administrative revocation had sufficient grounds and complied with the law.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "10/08/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-860052.json", "html_url": "/legal/doc/nexus-sen-1-0034-860052", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-860052" }, { "id": "nexus-sen-1-0034-861452", "citation": "Res. 00925-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Atypical Precautionary Measures in Agrarian Co-ownership with Natural Resources", "title_es": "Medidas cautelares atípicas en copropiedad agraria con recursos naturales", "summary_en": "The Agrarian Court hears the appeal against the order that denied the plaintiffs' requested precautionary measure to be reinstated in possession of the disputed property, and that sua sponte imposed restrictions on the plaintiffs' access and use, as well as on the defendants, including the protection of a spring and the prohibition of land use change. The plaintiffs seek usucaption of half a hectare and nullity of a conciliation agreement approved in a prior judicial auction proceeding. The Court partially revokes, adjusting the precautionary orders so that the plaintiffs, as co-owners, may enter the entire farm without restrictions on movement, but maintains the prohibition on changing the nature of the land or damaging environmental resources, in balance with the approved conciliation. It emphasizes that atypical precautionary measures in agrarian matters must protect natural resources and productive continuity, applying the requirements of prima facie case, danger of delay, and subsidiarity, and may be imposed sua sponte. It also orders the lower court to review the joinder of claims and the necessary joinder of all parties for the nullity of registry acts.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "27/09/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-861452.json", "html_url": "/legal/doc/nexus-sen-1-0034-861452", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-861452" }, { "id": "nexus-sen-1-0034-861760", "citation": "Res. 00128-2018 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Validity of CGR orders on environmental viability of Gandoca-Manzanillo Wildlife Refuge Management Plan", "title_es": "Validez de disposiciones de la CGR sobre viabilidad ambiental del Plan de Manejo del RNVS Gandoca-Manzanillo", "summary_en": "The Administrative Court rejects a lawsuit by private landowners in the Gandoca-Manzanillo National Wildlife Refuge against the Comptroller General (CGR), the State, and SINAC. The plaintiffs challenged CGR reports that suspended environmental clearances and construction permits until the Management Plan and Zoning Regulation were adjusted, and sought recognition of their right to voluntarily withdraw from the forestry regime. The Court held that CGR orders were reasonable and necessary to protect the State Natural Heritage, as the Zoning Regulation failed to clearly delimit public-domain areas and ignored the environmental fragility of forest ecosystems and wetlands on private lands. It reaffirmed that all land-use planning, including management plans for protected areas, must incorporate the environmental variable under Article 50 of the Constitution. It also rejected the voluntary withdrawal claim, ruling that inclusion in a mixed protected area imposes permanent land-use restrictions to safeguard the ecosystem. Damage claims were dismissed for lack of evidence.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554", "property-and-titling" ], "date": "24/10/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-861760.json", "html_url": "/legal/doc/nexus-sen-1-0034-861760", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-861760" }, { "id": "nexus-sen-1-0034-893297", "citation": "Res. 00436-2018 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Aerial fumigation over rice field adjacent to Wildlife Refuge", "title_es": "Fumigación aérea sobre arrozal colindante con Refugio de Vida Silvestre", "summary_en": "The Criminal Sentencing Appeals Court of Guanacaste overturned an acquittal of a defendant charged with two counts of illegal disposal of hazardous waste, harming the environment. The environmental prosecutor appealed, arguing that the trial court had erroneously assessed the evidence. The Appeals Chamber upheld the appeal, finding that the lower court analyzed each piece of evidence in isolation rather than collectively, and misapplied the criminal offense under Article 56 of the Comprehensive Waste Management Law. The Chamber clarified that the offense is committed by the act of dumping hazardous waste itself, regardless of whether actual water contamination or harm to species is proven. It further found that there was sufficient circumstantial evidence—including witness testimonies, purchase receipts for agrochemicals, and an invoice for aerial spraying—pointing to the defendant's involvement, which the trial court inadequately evaluated. The ruling was annulled and the case remanded for a new trial.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "07/11/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-893297.json", "html_url": "/legal/doc/nexus-sen-1-0034-893297", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-893297" }, { "id": "nexus-sen-1-0034-893579", "citation": "Res. 00081-2018 Tribunal de Apelación de Trabajo del II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Park Rangers Are Entitled to the Police-Risk Salary Bonus", "title_es": "Los guardaparques tienen derecho al sobresueldo de riesgo policial", "summary_en": "The Labor Appeals Tribunal of the Second Judicial Circuit of San José overturns the lower court’s ruling and partially upholds the claim brought by a group of park rangers (guardaparques) from SINAC-MINAE, who were denied payment of the police-risk salary bonus. Through a comprehensive analysis of the origin and nature of this incentive under Article 91 of the General Police Law, the Tribunal concludes that park rangers meet both statutory requirements: they perform police functions—such as maintaining public order, preventing and repressing environmental crimes, seizing goods, detaining individuals, and carrying firearms—and these duties involve a genuine risk to their physical safety. The ruling emphasizes that the right to a healthy environment is a fundamental right and a component of public order, and that environmental legislation (the Wildlife Conservation Law, Forestry Law, and Biodiversity Law) expressly grants park rangers the status of police authority. The Tribunal dismisses the State’s claims regarding the lack of an express legal provision and the alleged violation of the principle of legality, relying on case law from the Constitutional Chamber and the Second Chamber, which have extended such rights based on parity of functions with other police forces. The decision orders retroactive payment of the bonus from 2001 onward, plus interest and monetary adjustment, as well as recalculation of vacation and Christmas bonus entitlements.", "primary_topic_id": null, "topic_ids": [], "date": "26/02/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-893579.json", "html_url": "/legal/doc/nexus-sen-1-0034-893579", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-893579" }, { "id": "nexus-sen-1-0034-895412", "citation": "Res. 01646-2018 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Statute of limitations for land-use change offense under Forestry Law", "title_es": "Prescripción en delito de cambio de uso del suelo según Ley Forestal", "summary_en": "The Criminal Appeals Tribunal of the Second Judicial Circuit of San José upholds the acquittal of three defendants on forestry offenses —illegal logging, illegal harvesting of forest products, land-use change, and invasion of a protected zone— due to the statute of limitations. The ruling analyzes the legal nature of the land-use change offense under Article 61(c) of the Forestry Law, determining it is an instantaneous offense with permanent effects, not a continuing offense. Thus, the statute of limitations begins to run from the moment of consummation (the logging), not from the end of some alleged permanence. Applying the Criminal Procedure Code deadlines (three years, reduced to eighteen months after the formal charging), the court concludes the criminal action had already prescribed for all defendants by 2009, before the 2013 preliminary hearing. The prosecution's appeal is dismissed.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "20/11/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-895412.json", "html_url": "/legal/doc/nexus-sen-1-0034-895412", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-895412" }, { "id": "nexus-sen-1-0034-896450", "citation": "Res. 01055-2018 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of collective environmental-damages award against party not directly responsible", "title_es": "Improcedencia de indemnización por daño ambiental colectivo contra quien no fue responsable directo", "summary_en": "The Agrarian Court upheld the enforcement ruling that denied the collective environmental damages claimed by Inmobiliaria Las Petunias S.A. against Corporación de Balsa S.A. The claimant sought compensation for harm to the forest, land, and water sources caused by a sawmill established on the disputed property. The court held that, although Costa Rican law grants broad standing to claim environmental damages (article 50 of the Constitution and environmental statutes), compensation for collective environmental damage can only be awarded to the State, not to a private person. Moreover, there was no causal link between the defendant company and the harm, since the polluting activity was carried out by a third party (the lessee), against whom no judgment existed. The decision reiterates the distinction between pure (collective) environmental damage and individually borne damage, and clarifies the requirements for enforcing an abstract condemnation.", "primary_topic_id": null, "topic_ids": [], "date": "14/11/2018", "year": "2018", "json_url": "/data/legal/docs/nexus-sen-1-0034-896450.json", "html_url": "/legal/doc/nexus-sen-1-0034-896450", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-896450" }, { "id": "nexus-sen-1-0034-898169", "citation": "Res. 00592-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested lands outside protected areas through possessory information proceedings", "title_es": "Titulación de terrenos con bosque fuera de áreas protegidas mediante información posesoria", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding over a forested property located outside protected wild areas. The majority applies Article 7 of the Possessory Information Law, as amended by Forestry Law 7575, which allows titling of forested lands outside such areas upon proof of ten-year possession and resource protection. The State's argument that all forests are inalienable public domain is rejected, finding that the 1996 amendment declassified these lands outside protected zones. Transmitted possession from prior possessors and forest protection were duly proven, following binding Constitutional Chamber precedent. One judge dissents, arguing that primary forest constitutes State Natural Heritage and cannot be privately possessed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "21/07/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-898169.json", "html_url": "/legal/doc/nexus-sen-1-0034-898169", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-898169" }, { "id": "nexus-sen-1-0034-898171", "citation": "Res. 00594-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of Forested Land Outside Protected Areas Under the Possessory Information Law", "title_es": "Titulación de terrenos con bosque fuera de áreas protegidas bajo la Ley de Informaciones Posesorias", "summary_en": "The Agrarian Court upholds the approval of possessory information proceedings for a property with secondary forest and scrubland, located outside protected wild areas. The petitioner, a conservation organization, demonstrated compliance with Article 7 of the Possessory Information Law: decennial possession transmitted, land demarcation, and protection of natural resources. The court rejects the State's argument that forests retain public domain status since the 1969 Forestry Law, holding that the 1996 amendment introduced by Forestry Law 7575 removed such lands from public domain, allowing titling by private parties who meet the legal requirements. The ruling applies binding precedent from the Constitutional Chamber (vote 04587-97), which permits the joining of successive possessions and clarifies that the usucapion period must be completed before the area is declared protected, but does not bar transfer of possession.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "21/07/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-898171.json", "html_url": "/legal/doc/nexus-sen-1-0034-898171", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-898171" }, { "id": "nexus-sen-1-0034-898217", "citation": "Res. 00633-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of Land with Forest Plantation and Scrubland Outside Protected Area", "title_es": "Titulación de terreno con plantación forestal y tacotal fuera de área protegida", "summary_en": "The Agrarian Tribunal reviews the appeal by the Attorney General's Office against the approval of a possessory information proceeding to register a 22-hectare property with melina plantation, scrubland, and mountain in Santa Cruz, Guanacaste. The prosecution argued nullity due to lack of judicial inspection, that the forested land is part of the State's Natural Heritage, and that witness testimony did not prove ten-year possession. The Tribunal rejects all arguments: judicial inspection was not mandatory for less than 30 hectares; the soil study certifies there is no forest under Forestry Law No. 7575, only plantation and scrubland—vegetation not considered public domain; and witnesses prove uninterrupted possession for over 24 years. It upholds the lower court's ruling, allowing titling, as the property is outside protected areas and decennial possession with conservation of natural resources was demonstrated under Article 7 of the Possessory Information Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "29/07/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-898217.json", "html_url": "/legal/doc/nexus-sen-1-0034-898217", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-898217" }, { "id": "nexus-sen-1-0034-899199", "citation": "Res. 01069-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forest land outside protected areas through possessory information proceedings", "title_es": "Titulación de terreno boscoso fuera de áreas protegidas mediante información posesoria", "summary_en": "The Agrarian Court confirmed the judgment approving possessory information proceedings filed by a Dutch citizen to register a 64-hectare mountain property in Siquirres, Limón. The Attorney General's Office appealed, arguing the land included a public road and that the forested land was part of the State's Natural Heritage and therefore could not be titled. The Court dismissed both arguments: it found no municipal declaration of a public road and that an internal path could not be considered as such without following the corresponding legal procedure. Regarding the forest, it held that Article 7 of the Possessory Information Law (as amended by Forestry Law 7575) allows titling of forested lands outside protected wild areas if the applicant proves ten-year possession, protection of the natural resource, and proper demarcation, without requiring that possession be consolidated before 1969. Judge Alvarado appended a note clarifying the land included pasture, scrubland, and regenerating thicket, not primary forest, and that declaring such secondary forest as public domain would discourage regenerative activities beneficial to the environment.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "25/11/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-899199.json", "html_url": "/legal/doc/nexus-sen-1-0034-899199", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-899199" }, { "id": "nexus-sen-1-0034-899227", "citation": "Res. 01076-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land through possessory information proceedings", "title_es": "Titulación de terrenos con bosque mediante información posesoria", "summary_en": "The Agrarian Tribunal examines whether a forest-covered property located outside protected wilderness areas can be registered through possessory information proceedings. The Attorney General's Office argued that forests are public domain assets, inalienable and imprescriptible, and therefore cannot be acquired by adverse possession. However, the Tribunal acknowledges that Article 7 of the Possessory Information Law, affirmed as constitutional by the Constitutional Chamber in decision 4587-97, expressly authorizes the titling of forested properties provided that the requirements of ten-year possession, protection of natural resources, and demarcation of the land are met. Nevertheless, in the specific case the lower court's decision was overturned and the possessory information was denied because the applicant failed to prove possession exceeding ten years prior to filing the request, an essential requirement under that same article. The ruling clarifies that the mere presence of forest does not bar private titling if the statutory elements are demonstrated.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "25/11/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-899227.json", "html_url": "/legal/doc/nexus-sen-1-0034-899227", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-899227" }, { "id": "nexus-sen-1-0034-899232", "citation": "Res. 00650-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Definition of forest and suitability of scrubland for usucapion in possessory information proceedings", "title_es": "Definición de bosque y aptitud de tacotal para usucapir en información posesoria", "summary_en": "The Agrarian Tribunal confirms the approval of possessory information proceedings over a property with scrubland and pasture cover in Osa, Puntarenas, rejecting the arguments of the Attorney General's Office. The Attorney General argued that the land contained forest and therefore formed part of the State Natural Heritage, making it ineligible for usucapion. The Tribunal analyzes the technical definitions of forest, scrubland (tacotal), and secondary forest under Forestry Law 7575 and criteria from the National Forest Certification Commission. It concludes that the presence of 'mountain' or naturally regenerating vegetation does not equate to public-domain forest, and that the soil study and testimonies demonstrate no forest exists in legal terms, only natural pastures and scrubland. It also notes that even if forest were present, Article 7 of the Law on Possessory Information allows titling of properties with forest outside protected wildlife areas if ten-year possession and resource conservation are proven. The Tribunal also validates the decennial possession proven by witnesses, emphasizing that forest regeneration activity should not be punished but encouraged for its environmental benefits, such as carbon sequestration.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "31/07/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-899232.json", "html_url": "/legal/doc/nexus-sen-1-0034-899232", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-899232" }, { "id": "nexus-sen-1-0034-899249", "citation": "Res. 00689-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land through possessory information proceedings", "title_es": "Titulación de terreno con cobertura boscosa mediante información posesoria", "summary_en": "The Agrarian Tribunal confirms the ruling that ordered the registration of a 54-hectare property containing pastures and secondary forest in Puntarenas through possessory information proceedings. The Attorney General's Office appealed, arguing that forested lands are public domain, inalienable and imprescriptible, and therefore cannot be possessed or titled by private individuals. The Tribunal rejects the grievances and distinguishes two scenarios under Article 7 of the Possessory Information Law: within protected wild areas, ownership must have been consolidated at least ten years before the protection declaration; outside them, it suffices to prove ten-year possession, protection of the natural resource, and proper demarcation. Here, the property lies outside protected areas, the petitioners proved over ten years of quiet, public and peaceful possession, and care of the secondary forest was verified. The majority opinion stresses that the Constitutional Chamber upheld the constitutionality of Article 7, expressly allowing the titling of forested lands. The separate opinion emphasizes that the forest is a secondary regeneration on former pastures, and denying the title would penalize an environmentally beneficial activity.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "19/08/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-899249.json", "html_url": "/legal/doc/nexus-sen-1-0034-899249", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-899249" }, { "id": "nexus-sen-1-0034-900204", "citation": "Res. 00741-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land through possessory information proceedings", "title_es": "Posibilidad de titular terreno con bosque mediante información posesoria", "summary_en": "The Costa Rican Agrarian Tribunal, in Resolution No. 00741-2014, upheld the registration of three properties containing pasture, forest, and scrubland via possessory information, over the opposition of the Attorney General's Office. The appellant contended that forested land belongs to the State's Natural Heritage and cannot be acquired by adverse possession. The Tribunal rejected this argument, finding that the technical evidence and judicial inspection did not prove the existence of 'forest' as defined in Forestry Law No. 7575, but rather an area of regenerating scrubland. Applying Article 7 of the Possessory Information Law, the court held that the lots lie outside protected wilderness areas, and the petitioner demonstrated decade-long possession and resource conservation. The decision reinforces the principle that land with regenerating vegetation is not public domain and can be titled through possessory proceedings.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "29/08/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-900204.json", "html_url": "/legal/doc/nexus-sen-1-0034-900204", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-900204" }, { "id": "nexus-sen-1-0034-900206", "citation": "Res. 00743-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land through possessory information proceedings", "title_es": "Titulación de terreno con bosque mediante información posesoria", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding over a property combining pasture and regenerating forest. The Attorney General's Office appealed, arguing that forested areas are state natural heritage and cannot be acquired by adverse possession. The Tribunal rejects this argument because the technical study showed the coverage is scrubland (tacotal), not forest under Forestry Law 7575 standards. Moreover, the property lies outside protected wild areas, and the petitioner proved over ten years of uninterrupted possession and protection of natural resources. The decision applies Article 7 of the Possessory Information Law, which allows titling land with forest if decennial possession and conservation of the resource are proven. The Tribunal emphasizes that penalizing those who regenerate forests would discourage an environmentally beneficial activity like carbon capture.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "29/08/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-900206.json", "html_url": "/legal/doc/nexus-sen-1-0034-900206", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-900206" }, { "id": "nexus-sen-1-0034-900216", "citation": "Res. 00755-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information proceeding for land with regenerated secondary forest", "title_es": "Información posesoria sobre terreno con bosque secundario regenerado", "summary_en": "The Agrarian Court upheld the registration via possessory information of a 60-hectare property in Guanacaste composed of secondary forest (24.96%), scrub and brushland (68.39%), and crops (6.65%). The Attorney General's Office appealed, claiming all forest lands are state public domain since the 1969 Forestry Law. The Court, however, distinguished secondary forest regenerated by the possessor from original primary forest. It held that denying title to someone who regenerated forest would be a contradiction that discourages silviculture and carbon capture. The property lies outside protected wild areas, and testimonial and expert evidence confirmed decennial, public, peaceful, continuous, and good-faith possession. Legal restrictions protecting watercourses and prohibiting tree felling remain attached.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "29/08/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-900216.json", "html_url": "/legal/doc/nexus-sen-1-0034-900216", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-900216" }, { "id": "nexus-sen-1-0034-900805", "citation": "Res. 00957-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of Forested Property Outside Protected Areas via Possessory Information", "title_es": "Titulación de inmueble con bosque fuera de área protegida mediante información posesoria", "summary_en": "The Agrarian Tribunal upholds the approval of a possessory information proceeding for a forested property located outside protected wild areas, rejecting the appeal by the Attorney General's Office. The State argued that since the land was forested, it formed part of the State's Natural Heritage and was inalienable and imprescriptible public domain under forestry laws since 1969. The Tribunal holds that under the reform to Article 7 of the Possessory Information Law introduced by Forestry Law 7575 in 1996, forested properties outside protected areas were removed from public domain and may be titled by private parties who prove ten-year possession, protection of the resource, and proper demarcation. The ruling relies on Constitutional Chamber decision 04587-97, which struck down an interpretation requiring direct personal and non-transferable possession, allowing the joining of possessions. In this case, the applicant demonstrated transfer of possessory rights since 1994, compliant land use, forest protection, and fencing, satisfying all legal requirements.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "30/10/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-900805.json", "html_url": "/legal/doc/nexus-sen-1-0034-900805", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-900805" }, { "id": "nexus-sen-1-0034-900849", "citation": "Res. 01003-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested land outside protected areas via possessory information", "title_es": "Titulación de terreno boscoso fuera de ASP mediante información posesoria", "summary_en": "The Agrarian Tribunal, by majority, upholds the approval of a possessory information proceeding over a primary forest mountain land located outside protected wild areas. The court analyzes the tension between the public domain regime of the State's Natural Heritage and the possibility of titling forested lands under Article 7 of the Possessory Information Law, as amended by Forestry Law 7575. The majority concludes that the norm expressly authorizes the titling of forested properties outside protected areas, provided that the applicant proves ten-year possession, protection of natural resources, and delimitation of the property, without requiring possession to predate the declaration of State forest heritage. The Attorney General's Office appealed, arguing that forests are inalienable and imprescriptible public domain goods, but the court dismisses the appeal and orders registration. The dissenting vote argues that, as primary forest, possession should have been proven ten years before the 1969 Forestry Law or at least before the 1961 Land and Colonization Law.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "03/11/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-900849.json", "html_url": "/legal/doc/nexus-sen-1-0034-900849", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-900849" }, { "id": "nexus-sen-1-0034-900919", "citation": "Res. 01102-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of properties with forest outside protected areas via possessory information", "title_es": "Titulación de inmuebles con bosque fuera de áreas protegidas mediante información posesoria", "summary_en": "The Agrarian Tribunal upheld the approval of possessory information proceedings over a 45-hectare property with pasture and forest in Tilarán, Guanacaste. The Attorney General’s Office appealed, arguing the forested land was part of the State’s Natural Heritage and thus not subject to adverse possession. The Tribunal rejected this, noting the soil study certified compliant use as natural pasture without meeting the Forestry Law’s technical definition of forest (two or more hectares with over 70% tree cover and more than 60 trees per hectare of at least 15 cm diameter). Even though some forested area existed, titling was allowed under Article 7 of the Possessory Information Law, which permits titling properties with forest outside protected wild areas if decennial possession and resource protection are proved. The evidence demonstrated legitimate possession for over ten years, so the lower court ruling was confirmed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "27/11/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-900919.json", "html_url": "/legal/doc/nexus-sen-1-0034-900919", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-900919" }, { "id": "nexus-sen-1-0034-900925", "citation": "Res. 01108-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling land with secondary forest through possessory information", "title_es": "Titulación de terrenos con bosque secundario mediante información posesoria", "summary_en": "The Agrarian Tribunal ruled on an appeal against a judgment that approved a possessory information proceeding to register a 118-hectare property in Santo Domingo, Belén, Guanacaste. The Attorney General's Office objected, claiming the land was public forest domain, part of the State's natural heritage under the 1969 Forestry Law. The Tribunal upheld the registration, finding the land was not primary forest but stubble land or secondary forest regenerated by the possessor. It held that declaring secondary forest as public domain would discourage forest regeneration activities, which are environmentally beneficial for carbon capture and climate change mitigation. The property was outside protected areas and decennial possession was public, peaceful, continuous, and in good faith. The ruling requires continued natural forest regeneration and respects protection areas around water sources and channels under Articles 33 and 34 of Forestry Law 7575.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "27/11/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-900925.json", "html_url": "/legal/doc/nexus-sen-1-0034-900925", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-900925" }, { "id": "nexus-sen-1-0034-901064", "citation": "Res. 01204-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of secondary-forest lands through possessory information proceedings", "title_es": "Titulación de terrenos con bosque secundario mediante información posesoria", "summary_en": "The Agrarian Tribunal confirms the lower court ruling ordering the registration in the name of Corporación Wilkin S.A. of a 1.21-hectare property composed of secondary forest and improved pastures in Santa Elena de Monteverde, Puntarenas. The Office of the Attorney General had appealed, arguing the land was forested public domain under the 1969 Forestry Law. The Tribunal holds that when the original forest was destroyed and subsequently regenerated as secondary forest by the possessor, the rule requiring ten-year possession to predate the 1969 public-domain designation does not apply. Treating such secondary forest as state-owned would discourage forest regeneration, an activity beneficial for carbon sequestration and climate-change mitigation. The property lies outside protected areas. The ten-year possession was public, peaceful, continuous, and in good faith; the title grant is therefore upheld.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "19/12/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-901064.json", "html_url": "/legal/doc/nexus-sen-1-0034-901064", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-901064" }, { "id": "nexus-sen-1-0034-901466", "citation": "Res. 01103-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling Secondary Forest via Possessory Information Allowed If Decennial Possession and Natural Regeneration Proven", "title_es": "Procede titular bosque secundario en información posesoria si se probó posesión decenal y regeneración natural", "summary_en": "The Agrarian Court upheld the approval of possessory information proceedings over a property mainly covered by primary forest, pasture, and scrub. The Attorney General's Office appealed, arguing forested lands are public domain and not subject to titling, and that decennial possession was not proved. The Court rejected both arguments: testimonial evidence and the judicial inspection showed more than ten years of possession, and an analysis of the legal definitions of forest, scrub, and secondary forest showed the land is a naturally regenerated secondary forest on abandoned pasture, not untouched primary forest. Article 7, second paragraph of the Possessory Information Law allows titling of forested areas when decennial possession and resource protection are demonstrated. Denying title to someone who regenerates forest would be an environmental contradiction, discouraging land recovery.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "31/08/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-901466.json", "html_url": "/legal/doc/nexus-sen-1-0034-901466", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-901466" }, { "id": "nexus-sen-1-0034-901469", "citation": "Res. 01106-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested property through possessory information proceedings", "title_es": "Titulación de inmueble con cobertura boscosa mediante información posesoria", "summary_en": "The Agrarian Tribunal upholds the lower court ruling that approved possessory information proceedings for a 134-hectare property covered by forest, mountain, scrubland, and pasture, located outside protected wildlife areas. The Attorney General's Office appealed, arguing that the forested land forms part of the State's natural heritage and cannot be titled, and that the ten-year possession was not proven. The Tribunal rejects both arguments. It holds that Article 7 of the Possessory Information Law expressly allows the titling of forested land if the applicant proves possession for ten or more years and protection of the natural resource, provided the property is properly demarcated. The current Forestry Law 7575 did not repeal that possibility; the State's natural heritage is limited to forests in national reserves and areas declared inalienable. In this specific case, the applicant demonstrated demarcation with cleared paths and fences, protection of the forest and stream banks, proper land use, and quiet, public, uninterrupted possession for more than ten years through witness testimony and judicial inspection. The decision reaffirms the concept of ecological possession and the ecological function of forest property.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "31/08/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-901469.json", "html_url": "/legal/doc/nexus-sen-1-0034-901469", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-901469" }, { "id": "nexus-sen-1-0034-901548", "citation": "Res. 01154-2012 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Granting of possessory title on lands with forest cover", "title_es": "Procedencia de titular mediante información posesoria en terrenos con cobertura boscosa", "summary_en": "The Agrarian Tribunal confirms the approval of a possessory information proceeding over a property that, according to the certificate of soil use conformity, contains natural pastures and a portion of regenerated secondary forest. The Attorney General's Office appealed, arguing the land is forest and therefore part of the public domain, and that decennial possession was not proven. The Tribunal rejects both arguments. It defines forest under Forestry Law 7575 (minimum area of two hectares, canopy cover exceeding 70%, more than sixty trees per hectare with DBH over fifteen centimeters) and distinguishes secondary forest from scrubland. It concludes the property was used for pasture and the secondary forest is the result of natural regeneration after the original vegetation was removed, evidencing an intent to conserve and protect the resource. It applies paragraph two of Article 7 of the Possessory Information Law, which allows titling of forested areas if decennial possession and resource protection are proven. It warns that denying title would discourage forest regeneration.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "18/09/2012", "year": "2012", "json_url": "/data/legal/docs/nexus-sen-1-0034-901548.json", "html_url": "/legal/doc/nexus-sen-1-0034-901548", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-901548" }, { "id": "nexus-sen-1-0034-901565", "citation": "Res. 00459-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Inadmissibility of possessory information over forested public domain land in a protected zone", "title_es": "Improcedencia de información posesoria sobre bien demanial forestal en zona protectora", "summary_en": "The Agrarian Tribunal, by majority, reverses the lower court ruling and approves possessory information over an 82,880 m² property located entirely within the Nicoya Peninsula Protected Zone, with 83.26% forest cover. The majority finds that the petitioner met the requirements of Article 7 of the Possessory Information Law: ten-year possession prior to the protected area's creation (March 10, 1994), protection of forest resources, and boundary demarcation. Judge Alvarado Paniagua issues an extensive dissenting opinion, arguing that the land, being predominantly forest, is State Natural Heritage—a public domain asset that is inalienable and imprescriptible—and that no ten-year possession was proven before the land was declared public domain. She contends that possession of forest lands in national reserves has been prohibited since the 1961 Land and Colonization Law, making any possessory acts illegitimate, and therefore the information should have been denied.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "28/05/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-901565.json", "html_url": "/legal/doc/nexus-sen-1-0034-901565", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-901565" }, { "id": "nexus-sen-1-0034-901585", "citation": "Res. 00907-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of Forested Lands Outside Protected Areas Without Pre-Forestry-Law Possession", "title_es": "Titulación de terrenos boscosos fuera de ASP sin posesión decenal previa a Ley Forestal", "summary_en": "The Agrarian Tribunal upheld the approval of a possessory information proceeding over a 75-hectare property with forest cover and pasture in Buenos Aires, Puntarenas. The Attorney General’s Office appealed, arguing that forest lands are public domain and therefore inalienable and imprescriptible, and that no decennial possession prior to the State’s forest heritage declaration was proven. The Tribunal distinguished two scenarios under Article 7 of the Possessory Information Law: inside protected areas, possession must predate the protected-area declaration by at least ten years; outside them, as in this case, it suffices to prove decennial possession, resource protection, demarcation and fences, without requiring possession to pre-date the 1969 Forestry Law. Testimony, judicial inspection and a soil survey demonstrated possession exceeding ten years, forest protection and sustainable cattle farming, thus confirming the titling.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "10/10/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-901585.json", "html_url": "/legal/doc/nexus-sen-1-0034-901585", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-901585" }, { "id": "nexus-sen-1-0034-901591", "citation": "Res. 01210-2014 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Dismissal of possessory information claim in Piedras Blancas National Park for lack of ecological possession", "title_es": "Improcedencia de información posesoria en Parque Nacional Piedras Blancas por falta de posesión ecológica", "summary_en": "The Agrarian Tribunal overturned the approval of a possessory information claim over 79 hectares entirely within Piedras Blancas National Park. The claimants proved decade-long possession prior to the creation of the protected area but failed to demonstrate ecological possession—meaning conduct consistent with conservation and protection of natural resources. The property had 70% forest cover, yet grazing paddocks were found in riverbank buffer zones and erosion was evident on steep slopes from overgrazing. The ruling emphasizes that Article 7 of the Possessory Information Law and forestry legislation require, for protected wild areas, proof that possession was exercised while protecting the resource, not merely the passage of time. Because ecological possession was not established, the title registration was denied, and the land remains part of the State's Natural Heritage.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "19/12/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-0034-901591.json", "html_url": "/legal/doc/nexus-sen-1-0034-901591", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-901591" }, { "id": "nexus-sen-1-0034-905275", "citation": "Res. 00037-2019 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal inadmissibility in municipal patent assessment procedure under Law 7847", "title_es": "Inadmisibilidad de apelación en procedimiento determinativo de patente municipal por Ley 7847", "summary_en": "The Contentious-Administrative Tribunal, Section III, declares inadmissible the appeal filed by Servicentro Bahía Ballena S.A. against a decision of the Municipality of Osa that confirmed the rejection of a request to modify the taxable base of the patent tax. The Tribunal determines that the procedure is a \"determinative\" assessment procedure, not a licensing or sanctioning one. The Osa Municipal Tax Tariff Law (Law 7847), in its Article 11 final paragraph, provides that the Municipal Council's decision exhausts administrative remedies with no further appeal, thereby depriving the Tribunal of jurisdiction as a non-hierarchical controller. The decision underscores the need to analyze the applicable special law to define the appellate chain, as specific regimes for determinative procedures may exclude the intervention of the Contentious-Administrative Tribunal. The ruling confirms the exhaustion of administrative remedies before the Municipal Council of Osa, while preserving the possibility of an ordinary judicial action.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/01/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-905275.json", "html_url": "/legal/doc/nexus-sen-1-0034-905275", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-905275" }, { "id": "nexus-sen-1-0034-910824", "citation": "Res. 00022-2019 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Ruling 00022-2019 — Lesividad annulment of TFA decision on pineapple crop depreciation", "title_es": "Resolución 00022-2019 — Anulación por lesividad de fallo del TFA sobre depreciación de cultivo de piña", "summary_en": "This ruling by the Fifth Section of the Contentious-Administrative Tribunal decides a lesividad (harmfulness) action brought by the State against Inversiones y Procesadora Tropical S.A. (INPROTSA). The court annuls resolution TFA-140-2014 of the Tax Administrative Tribunal, which had partially overturned a tax assessment and ordered that pineapple cultivation costs be amortized over two years—rather than the three years set out in Annex 2 of the Income Tax Regulation. The TCA holds that the TFA committed absolute nullity due to lack of proper grounds and motivation, violating the principle of legality and the rule against singling out regulations for non-application. The TFA wrongly set aside a valid regulation by relying on the “economic reality” principle and a private expert study submitted by the taxpayer. Consequently, the original ruling of the Large Taxpayers Directorate (applying the three-year statutory period) is upheld, and the defendant is ordered to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/03/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-910824.json", "html_url": "/legal/doc/nexus-sen-1-0034-910824", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-910824" }, { "id": "nexus-sen-1-0034-916762", "citation": "Res. 00023-2019 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Expropriation omission in indigenous reserve — acquisition after delimitation", "title_es": "Omisión expropiatoria en reserva indígena — adquisición posterior a la delimitación", "summary_en": "Ruling of the Administrative Court which, by majority, partially granted a claim against INDER and CONAI for expropriation omission. The plaintiff, a registered landowner, sought compensation because its property was encompassed by the expansion of the Huetar de Quitirrisí Indigenous Reserve through Executive Decree No. 29452‑G of 2001. The majority held that since the property had been registered since 1903 and had not originally been affected by the reserve, the defendants had a duty under Article 5 of the Indigenous Law to initiate expropriation proceedings, even though the plaintiff acquired it in 2003, after the expansion. The dissenting vote argued that the post‑decree acquisition rendered the transaction void under Article 3 of the same law, as the land was inalienable and outside commerce, and therefore no right to compensation arose.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "29/03/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-916762.json", "html_url": "/legal/doc/nexus-sen-1-0034-916762", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-916762" }, { "id": "nexus-sen-1-0034-918524", "citation": "Res. 00675-2019 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Mistake of law does not exempt liability for invading protected area", "title_es": "Error de prohibición no exime en invasión de área protegida", "summary_en": "The Criminal Sentencing Appeals Tribunal of the Second Judicial Circuit of San José partially upheld the conviction of a farmer for illegal forest extraction and invasion of a conservation area (Wildlife Refuge Corredor Fronterizo Costa Rica-Nicaragua). The defendant argued he had acquired the land in good faith and acted under a mistake of law, believing his possession was lawful. The court rejected this defense, finding that a prior agrarian court proceeding had already warned him his occupation was illegitimate and that he nevertheless remained in the protected area without completing any registration or permit process. However, the court overturned the acquittal for the land-use change offense, ordering a retrial on that count, because the trial court’s evaluation of the evidence was incomplete and needed to determine whether the defendant was responsible for clearing 5.3 hectares of marsh forest.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575", "wildlife-law-7317" ], "date": "26/04/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-918524.json", "html_url": "/legal/doc/nexus-sen-1-0034-918524", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-918524" }, { "id": "nexus-sen-1-0034-918593", "citation": "Res. 00069-2019 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Conditions for suspended sentence in protected area invasion cases", "title_es": "Condiciones de la condena condicional en delitos de invasión de área protegida", "summary_en": "The Criminal Appeals Tribunal reviewed an appeal against a conviction for invasion of a protected area, harming natural resources. The defendant built a wall in a river protection zone and received a three-month prison sentence with a suspended execution. As conditions to avoid revocation, he was ordered to demolish the structures and remove debris within six months. The defense argued the trial court erred by not recognizing a state of necessity and imposed impossible economic conditions. The Tribunal rejects the necessity claim, finding no imminent danger and alternative solutions existed. However, it partially grants the appeal, holding the trial court failed to justify the defendant's personal and economic capacity to meet the conditions, which could render the suspended sentence unworkable. That portion is annulled, and the case is remanded for a proper motivation of the conditions.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "23/01/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-918593.json", "html_url": "/legal/doc/nexus-sen-1-0034-918593", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-918593" }, { "id": "nexus-sen-1-0034-929031", "citation": "Res. 00229-2019 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Contract interpretation and duty of care in agricultural lease of oil palm plantation", "title_es": "Interpretación contractual y deber de cuidado en arrendamiento agrario de palma aceitera", "summary_en": "The Agrarian Tribunal upholds a lower court ruling that partially granted a claim for breach of an agricultural lease of a farm used for oil palm cultivation. The court interprets the contract, holding that the 10% price increase must be applied annually based on the parties' intent and by analogy with urban lease regulations. Regarding plantation care, the defendant is found to have breached his duty of care by failing to maintain drainage, cleanliness, and proper fertilization, and by allowing constant entry of cattle and other animals that damaged the crop, all supported by technical reports, judicial inspections, and testimony. The claim that deforestation was caused by the plaintiff is rejected: the court finds that tree damage occurred during the defendant's possession and that he took no measures to protect the trees or notify the landlord. The breach of municipal tax payment is also confirmed. The court orders termination of the contract, eviction, and compensation for damages, to be quantified in execution proceedings.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "04/04/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-929031.json", "html_url": "/legal/doc/nexus-sen-1-0034-929031", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-929031" }, { "id": "nexus-sen-1-0034-930234", "citation": "Res. 00368-2019 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Environmental viability requirement for regularization of telecommunications towers", "title_es": "Requisito de viabilidad ambiental para regularización de torres de telecomunicaciones", "summary_en": "The Contentious Administrative Court reviewed an appeal by Continental Towers against the Municipality of Desamparados, which denied a construction permit for a telecommunications tower lacking an environmental viability certificate from SETENA. The tower was built without a permit, and the company argued that obtaining a post-facto viability was impossible because it is only for unbuilt projects. The Court partially annulled the municipal decisions, determining that requiring an ex post viability is legally unfeasible, but the company cannot avoid an environmental assessment. Based on Article 50 of the Constitution and Article 17 of the Organic Environmental Law, it held that in these cases, an Environmental Diagnostic Study (EDA)—a SETENA-created instrument for evaluating completed works—must be required. It ordered the proceedings to be rolled back so the appellant can obtain an EDA and the municipality can reassess the permit application.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "26/07/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-930234.json", "html_url": "/legal/doc/nexus-sen-1-0034-930234", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-930234" }, { "id": "nexus-sen-1-0034-930268", "citation": "Res. 00038-2019 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INDER's failure to challenge land award in forest reserve leads to compensation", "title_es": "Omisión del INDER en declarar lesiva adjudicación en reserva forestal genera indemnización", "summary_en": "The Fifth Section of the Contentious-Administrative Tribunal held that INDER engaged in an unlawful omission by failing to annul a 1999 board agreement that awarded a parcel within the Golfo Dulce Forest Reserve to the plaintiff, even though the land belongs to the State's Natural Heritage since 1978 and is therefore inalienable and imprescriptible under the Forestry Law. The court dismissed the main claims seeking annulment of a 2007 agreement revoking a special titling procedure, but ordered INDER to pay subjective moral damages and to compensate the plaintiff for the impossibility of executing that award due to the unlawful omission. The State and SINAC were found not to have standing and the claim was partially successful.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "07/05/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-930268.json", "html_url": "/legal/doc/nexus-sen-1-0034-930268", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-930268" }, { "id": "nexus-sen-1-0034-930283", "citation": "Res. 00052-2019 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "State liability dismissed for annulment of Zoning Regulation in Cerros de Escazú Protected Zone", "title_es": "Improcedencia de responsabilidad estatal por anulación del Reglamento de Zonificación en la Zona Protectora Cerros de Escazú", "summary_en": "The Administrative Litigation Court (Section VI) dismisses the claims of lot owners in the Hacienda Los Bambúes Condominium who purchased properties between 2006 and 2007 relying on a zoning amendment that allowed residential use in the Cerros de Escazú Protected Zone (ZPCE). The Constitutional Chamber annulled the amendment in 2010 for failing to consider environmental impacts, but limited the retroactive effects to protect only those who had completed or initiated construction with a license before August 17, 2009. The plaintiffs failed to prove they had exercised their construction rights before that date, and did not demonstrate total uselessness of their lots after the adoption of the ZPCE General Management Plan (2016). The Court holds that the mere annulment of the zoning regulation does not automatically trigger liability of the State, the Municipality, the INVU, or SINAC, and that the burden of proving impossibility to build rested on the plaintiffs.", "primary_topic_id": null, "topic_ids": [], "date": "13/05/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-930283.json", "html_url": "/legal/doc/nexus-sen-1-0034-930283", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-930283" }, { "id": "nexus-sen-1-0034-930292", "citation": "Res. 00069-2019 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial annulment of land titling with forest cover for constituting State Natural Heritage", "title_es": "Nulidad parcial de titulación de terreno con cobertura boscosa por constituir Patrimonio Natural del Estado", "summary_en": "The Administrative Litigation Court, Section VI, ruled on a lesividad action filed by INDER against an individual and a company, seeking to annul the titling of a plot in the Aranjuez River Basin Project, Puntarenas. The court found that the property, of about 24 hectares, contained 7.8460 hectares with forest cover classified as State Natural Heritage (PNE) under the Forestry Law, thus constituting public domain. This portion was declared absolutely null. Regarding the remaining 16.14 non-forest hectares, the court declared the claim inadmissible due to the expiration of the four-year statute under the previous law. It ordered the segregation and registration in the name of the State of the forested area, partially annulling deeds and registrations. No special costs were awarded.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling", "procedural-environmental" ], "date": "14/06/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-930292.json", "html_url": "/legal/doc/nexus-sen-1-0034-930292", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-930292" }, { "id": "nexus-sen-1-0034-930305", "citation": "Res. 00086-2019 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "INDER’s lesividad claim over land title in the Talamanca-Caribe Biological Corridor", "title_es": "Lesividad del INDER sobre titulación en Corredor Biológico Talamanca-Caribe", "summary_en": "The Administrative Contentious Court rejected the consent to judgment (allanamiento) filed by the Asociación de Organizaciones del Corredor Biológico Talamanca Caribe in a lesividad action brought by the Rural Development Institute (INDER). INDER sought the absolute nullity of a 2004 board resolution that awarded title to a parcel (real folio registration Placa3448) under the BIRF-2764-CR Titling Program to the association. The Court found that a critical procedural requirement was missing: the supreme authority’s internal declaration of harmfulness (lesividad) did not cover this specific parcel; the 2013 declaration only included two other parcels titled in favor of the same association. Because the mandatory prior declaration prescribed by Article 114 of the Contentious Administrative Procedure Code was absent, the court rejected the consent and returned the file to the trial judge for continuation of ordinary proceedings.", "primary_topic_id": "biological-corridors", "topic_ids": [ "procedural-environmental", "property-and-titling", "biological-corridors" ], "date": "12/07/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-930305.json", "html_url": "/legal/doc/nexus-sen-1-0034-930305", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-930305" }, { "id": "nexus-sen-1-0034-930536", "citation": "Res. 01226-2019 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial vehicular closure and oversight duties in Playa Conchal maritime-terrestrial zone", "title_es": "Cierre vehicular parcial y deberes de control en zona marítimo terrestre de Playa Conchal", "summary_en": "The Administrative Contentious Court ruled on a precautionary measure requested by Desarrollos Hoteleros Guanacaste S.A. to ban vehicular traffic on the maritime-terrestrial zone of Conchal Beach and protect the Mixed Wildlife Refuge and State Natural Heritage. Although it found fumus boni iuris based on municipal oversight duties and environmental principles, it denied full closure of the public road due to lack of periculum in mora—the road has existed for over 46 years and environmental damage is consolidated—and because closing the road would pre‑judge the merits. Instead, it adapted the measure sua sponte: it ordered provisional closure of vehicular traffic only in areas of State Natural Heritage and the Wildlife Refuge, to be inspected by SINAC and the State, and directed the Municipality of Santa Cruz to control commercial activities and protect the public zone by preventing parking, tree cutting, solid waste accumulation, and unauthorized ecological alterations, in coordination with traffic authorities and the ICT.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "15/07/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-930536.json", "html_url": "/legal/doc/nexus-sen-1-0034-930536", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-930536" }, { "id": "nexus-sen-1-0034-933696", "citation": "Res. 01453-2019 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest restoration ordered despite criminal acquittal and limits on property rights", "title_es": "Restauración de bosque dañado pese a absolución penal y límites al derecho de propiedad", "summary_en": "The Criminal Appeals Court of the Second Judicial Circuit of San José upheld a ruling that acquitted the defendant of forestry law violations while partially granting a civil damages claim for environmental harm. The court ordered a ban on human activity in the affected area for up to fifteen years to allow natural forest regeneration, even though the person responsible for the damage was not identified. The court held that forest restoration stems from the principle of forest irreducibility and the State's duty to protect the right to a healthy environment (Article 50 of the Constitution). It rejected arguments that the order violated legality or property rights, emphasizing that private property in forested lands is subject to legal restrictions, including the prohibition on land-use change and the requirement of permits for logging, as set out in Articles 13, 14, 19, and 33 of the Forestry Law. The restoration order binds the landowner, who is warned that non-compliance may result in charges of disobedience to authority.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "23/08/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-933696.json", "html_url": "/legal/doc/nexus-sen-1-0034-933696", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-933696" }, { "id": "nexus-sen-1-0034-933742", "citation": "Res. 00446-2019 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Prosecutor’s Standing to Appeal Acquittal on Facts Alleged Only by Civil Party", "title_es": "Legitimación del Ministerio Público para recurrir absolución por hechos solo querellados", "summary_en": "The Guanacaste Criminal Appeals Court declared inadmissible the appeal filed by the Public Prosecutor’s Office against an acquittal in a Forestry Law violation case. The trial court acquitted because it was not proved that the defendant changed the land use from forest to agriculture, though it did find he felled at least three trees. The appeals court noted that the trial judge failed to consider that the facts occurred within the two-kilometer Border Corridor with Nicaragua, where any forest harvesting is prohibited under Article 58(b) of the Forestry Law. However, this location was alleged only in the civil claim by the Attorney General’s Office, not in the prosecution’s charges. Since the prosecutor’s appeal was based solely on that omission, the appeals court held that the prosecution lacked standing because it suffered no grievance from its own charges, and therefore dismissed the appeal.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "30/08/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-933742.json", "html_url": "/legal/doc/nexus-sen-1-0034-933742", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-933742" }, { "id": "nexus-sen-1-0034-933873", "citation": "Res. 00424-2019 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Stay of demolition of building in spring protection area", "title_es": "Suspensión de demolición de edificio en área de protección de naciente", "summary_en": "The Administrative Contentious Court granted a pre-trial interim measure in favor of CORPORACIÓN ULSAN S.A., staying the effects of Resolution No. 811-19-TAA of the Environmental Administrative Tribunal (TAA) which ordered the demolition of its buildings for being within the protection area of a spring. The judge found that the requirements of fumus boni juris were met—given the technical dispute over whether the water body is truly a permanent spring and whether the studies were adequate—and of periculum in mora, due to the serious economic harm from demolishing a building worth several million dollars. In weighing the interests, the court concluded that for the time being the private interest prevails over the public environmental interest, since no imminent damage has been proven during the provisional suspension. However, as an innovative measure, it ordered the company not to use or exploit the buildings while the main proceedings are decided, thus implicitly acknowledging the environmental concern. The company must file the main claim within 15 days, under penalty of lifting the measure and being ordered to pay damages.", "primary_topic_id": "water-law", "topic_ids": [ "procedural-environmental", "water-law" ], "date": "16/08/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-933873.json", "html_url": "/legal/doc/nexus-sen-1-0034-933873", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-933873" }, { "id": "nexus-sen-1-0034-934883", "citation": "Res. 00351-2019 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Strict liability for rice crop loss due to agrochemical ineffectiveness", "title_es": "Responsabilidad objetiva por pérdida de cosecha de arroz ante inefectividad de agroquímicos", "summary_en": "The Agrarian Court upheld the lower court’s ruling partially granting a rice farmer’s claim against Industrias BioQuim Centroamericana S.A. for damages resulting from the total loss of an 18-hectare rice crop in 2012. The plaintiff alleged that the agrochemical products sold and recommended by the defendant failed to control weeds despite following instructions. The defendant argued that the farmer did not use certified seeds, applied the products incorrectly, and sought advice from third parties. Applying the strict liability regime of the Phytosanitary Protection Law (Arts. 28, 31, and 32), the Court found a causal link between the ineffectiveness of the recommended products and the harm. The evidence, assessed under the principles of free evaluation and unity of evidence, showed that the initial pre-emergent applications were completely ineffective, that the defendant’s own agronomist acknowledged product failure, and that alternative explanations (non-certified seeds, use of other products) did not break the causal chain. The Court relaxed the standard of proof for causation given the hazardous nature of the activity, allowing indirect or circumstantial evidence. It ordered the defendant to pay lost profits, consequential losses, and moral damages totaling ₡16,132,958.90, plus legal costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "soil-conservation-7779", "_off-topic" ], "date": "17/05/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-934883.json", "html_url": "/legal/doc/nexus-sen-1-0034-934883", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-934883" }, { "id": "nexus-sen-1-0034-935029", "citation": "Res. 00501-2019 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Reversal of denial of possessory information claim in protected wild area", "title_es": "Revocatoria de improbación de información posesoria en área silvestre protegida", "summary_en": "The Agrarian Court reversed the lower court's decision that had denied a possessory information claim for a property located within the Montes de Oro Protective Zone and the Peñas Blancas National Wildlife Refuge. The majority held that the claimant successfully demonstrated, through documentary evidence and three witness statements, a continuous, peaceful, and environmentally respectful chain of possession exceeding ten years prior to the creation of the protected areas (1985 and 1994), thus satisfying Article 7 of the Possessory Information Law. The court ordered registration of the property in the claimant's name, subject to management plan restrictions and respect for legal easements concerning water, forestry, and public roads.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "wildlife-law-7317" ], "date": "25/06/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-935029.json", "html_url": "/legal/doc/nexus-sen-1-0034-935029", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-935029" }, { "id": "nexus-sen-1-0034-938043", "citation": "Res. 00438-2019 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Validity of aerial flyover and entry into marijuana plantation in a national park without the presence of a judge or defense counsel", "title_es": "Validez de sobrevuelo e ingreso a plantación de marihuana en parque nacional sin presencia del juez o defensor", "summary_en": "The Criminal Appeals Tribunal of Cartago upheld the convictions for forestry and drug trafficking offenses but partially overturned the ruling due to lack of reasoning on the concurrence of crimes and the acquittal for money laundering. The decision analyzes the validity of police entry into a marijuana plantation inside La Amistad National Park without judicial authorization or defense presence, concluding it was unnecessary because it was a public, uninhabited area and investigative acts that did not affect fundamental rights. It also validates wiretaps, the use of coded language, and circumstantial evidence to prove the existence of the criminal group and the crimes of cultivation, transportation, and illicit association. Regarding environmental matters, the invasion of a protected area, illegal logging, and land-use change within a national park are discussed.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "17/09/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-938043.json", "html_url": "/legal/doc/nexus-sen-1-0034-938043", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-938043" }, { "id": "nexus-sen-1-0034-938957", "citation": "Res. 00501-2019 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Seizure of timber in a dwelling's yard not authorized without a warrant", "title_es": "Decomiso de madera en patio de vivienda no es autorizado sin orden judicial", "summary_en": "The Guanacaste Criminal Appeals Court upholds the acquittal of the defendant for illegal timber transport. The prosecution appealed, arguing that SINAC-MINAE officials and the police could enter the open yard of the dwelling without a warrant based on Article 54 of the Forestry Law. The appeals court holds that said article authorizes entry and inspection only in rustic or industrial forestry estates, not in dwelling houses or their dependencies, including yards. The trial court found that the seized timber was located in dependencies of the home and that there was no express consent from the defendant for the entry. As it was not proven that the place was a rustic or industrial estate, the authorities' actions were illegitimate and the evidence obtained was unlawful. The Chamber reaffirms the constitutional protection of domicile and privacy, concluding that the appeal is dismissed.", "primary_topic_id": null, "topic_ids": [], "date": "27/09/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-938957.json", "html_url": "/legal/doc/nexus-sen-1-0034-938957", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-938957" }, { "id": "nexus-sen-1-0034-942471", "citation": "Res. 00486-2019 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Partial annulment of land-use change conviction for insufficient evidentiary assessment", "title_es": "Anulación parcial de condena por cambio de uso de suelo por insuficiente valoración probatoria", "summary_en": "The Criminal Sentence Appeals Tribunal of Cartago partially overturned a conviction for the offense of land-use change under Article 61(c) of the Forestry Law. The appeals court found that the trial court failed to properly weigh the contradictions between the testimony and documentary evidence. A MINAE official testified that he found the accused at the scene, but the documents he authored did not record that presence. Moreover, the judicial investigation did not link the accused to the facts. The appellate tribunal held that this lack of proper reasoning undermined the certainty required for a conviction, ordering a partial remand for a new hearing before a different panel. The acquittals for other charges remained undisturbed.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "09/10/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-942471.json", "html_url": "/legal/doc/nexus-sen-1-0034-942471", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-942471" }, { "id": "nexus-sen-1-0034-944459", "citation": "Res. 00741-2019 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory information allowed despite partial overlap with protected zone if possession predates its creation", "title_es": "Información posesoria procede pese a afectación parcial por zona protectora si se acredita posesión anterior a su creación", "summary_en": "The Agrarian Tribunal overturned the lower court ruling and granted the possessory information proceedings filed by Zamuri S.A. over a 121-hectare property in Lepanto, Puntarenas. Approximately 50% of the land lies within the Nicoya Peninsula Protected Zone, established in 1994. The tribunal found that the petitioner proved more than ten years of possession prior to the creation of the protected area through documentary evidence (a 1975 deed transferring over ten years of prior possession) and witness testimony (neighbors who have known the farm for over 40 years). The joint assessment of evidence showed a chain of possession dating back to the 1960s, consolidating adverse possession before the protected zone was decreed. Additionally, the tribunal verified proper land use: 70% of the property is dedicated to natural regeneration, complying with technical recommendations. The court ordered the property's registration in the company's name, while recommending that regenerating areas remain undisturbed and that the management plan of the protected area be followed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "13/09/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-944459.json", "html_url": "/legal/doc/nexus-sen-1-0034-944459", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-944459" }, { "id": "nexus-sen-1-0034-944743", "citation": "Res. 00081-2019 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad action dismissed for lack of nullity in exclusive-dedication contract", "title_es": "Improcedencia de lesividad por inexistencia de nulidad en contrato de dedicación exclusiva", "summary_en": "The Fifth Chamber of the Contentious-Administrative Tribunal dismissed in its entirety the 'lesividad' action brought by the Municipality of Santa Bárbara against a municipal employee, which sought to annul an exclusive-dedication contract and the corresponding payment order. The Municipality had alleged absolute, evident, and manifest nullity based mainly on the lack of a prior technical study and the alleged absence of internal regulations governing the salary supplement. The Tribunal found these arguments unfounded: first, the Attorney General's opinion cited by the plaintiff was not binding for this case, as it concerned special service contracts and not a permanent position like that of the defendant. Second, it verified that the Municipality had indeed had a 'Regulation for the Application of Exclusive Dedication' since 2007, duly published, which did not require a prior study. Furthermore, it established that the employee met all the regulatory requirements for the benefit. Consequently, the Tribunal found no defect of nullity and dismissed the action, ordering the Municipality to pay costs.", "primary_topic_id": "_off-topic", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "30/09/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-944743.json", "html_url": "/legal/doc/nexus-sen-1-0034-944743", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-944743" }, { "id": "nexus-sen-1-0034-944752", "citation": "Res. 00111-2019 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lesividad action to recover land in the southern border zone", "title_es": "Lesividad para recuperar terreo en zona fronteriza sur", "summary_en": "The Administrative Court, Section VI, granted a lesividad claim filed by INDER against private individuals who had been awarded land within the two-kilometer strip of the Southern Border Zone. The court confirmed that lands in that zone are public domain assets, inalienable and imprescriptible, and thus the 2005 adjudication agreement was absolutely null for lacking lawful purpose and content. Although more than ten years had passed since the award, the court found that the action to recover domanial property is not subject to any statute of limitations. The defendants acquiesced to INDER's claims, and such acquiescence was accepted after verifying it did not violate the legal system. The court also rejected the defendants' request for priority consideration for a concession or payment for improvements, as it was not raised via a counterclaim.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "06/09/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-944752.json", "html_url": "/legal/doc/nexus-sen-1-0034-944752", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-944752" }, { "id": "nexus-sen-1-0034-949034", "citation": "Res. 00237-2019 Tribunal de Apelación Civil y Trabajo Guanacaste Sede Liberia Materia Civil", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Motion for reconsideration must be resolved before appeal in payment order proceeding", "title_es": "Recurso de revocatoria debe resolverse antes que apelación en proceso monitorio", "summary_en": "The Civil and Labor Appeals Court of Guanacaste reviews an appeal against an order that confirmed a payment order in a lease collection proceeding. The lower court had confirmed the order after finding the defendant made late rent payments. However, the appeals court notes that the defendant not only appealed but also filed a motion for reconsideration (revocatoria) against the same order. Under Article 66.1 of the Civil Procedure Code, the order is subject to reconsideration, so the lower court judge must rule on that motion before admitting the appeal. Since the motion had not been decided, the appeals court partially annuls the resolution admitting the appeal and remands the case to the lower court to rule on the reconsideration motion and, if appropriate, admit the appeal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/10/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-949034.json", "html_url": "/legal/doc/nexus-sen-1-0034-949034", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-949034" }, { "id": "nexus-sen-1-0034-951107", "citation": "Res. 00845-2019 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian jurisdiction over tree felling between private parties", "title_es": "Competencia agraria para derribo de árbol entre particulares", "summary_en": "The Agrarian Court resolves a jurisdictional conflict in a summary proceeding for the felling of a Malinche tree. The lower court judge had recused herself, considering the property not agrarian in nature and the tree outside a protected area. The Court overturns this, holding that trees as natural resources are governed by the Biodiversity Law and their protection serves the environmental public interest. Under Article 108 of that law, disputes between private parties without administrative acts or public domain involvement fall under agrarian jurisdiction. The ruling confirms that agrarian courts are competent to hear such tree felling cases between neighbors, recognizing the environmental dimension of trees as part of forest heritage and biodiversity.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "15/10/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-951107.json", "html_url": "/legal/doc/nexus-sen-1-0034-951107", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-951107" }, { "id": "nexus-sen-1-0034-951127", "citation": "Res. 00865-2019 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Requirements to Title Forested Land Within Río Macho Forest Reserve", "title_es": "Requisitos para titular terrenos boscosos dentro de Reserva Forestal Río Macho", "summary_en": "The Agrarian Court reversed the lower court and granted the possessory information proceedings to title a roughly 3.4-hectare property located inside the Río Macho Forest Reserve, established in 1964. The court examined compliance with Article 7 of the Law on Possessory Information, which requires proving ten years of possession prior to the creation of the protected area and ecological possession that respects natural resources. After holistically evaluating the testimonial and documentary evidence, it found that the petitioner and his father had possessed the land publicly, peacefully, and continuously since at least 1954, engaging in traditional farming without harming the forest or soil. The ruling reaffirms that the law permits titling forested properties inside wild protected areas when all legal requirements are met, including forest protection and boundary maintenance.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "25/10/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-951127.json", "html_url": "/legal/doc/nexus-sen-1-0034-951127", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-951127" }, { "id": "nexus-sen-1-0034-951128", "citation": "Res. 00866-2019 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of forested lot in Los Santos Forest Reserve — State’s appeal denied", "title_es": "Titulación de finca boscosa en Reserva Forestal Los Santos — rechazo de apelación del Estado", "summary_en": "The Agrarian Tribunal upheld the lower court's ruling ordering the registration of a primary-forest property located within the Los Santos Forest Reserve—a protected wild area created by Executive Decree No. 5389-A of 1975. The State, through the Attorney General's Office, appealed on three grounds: (1) that historical legislation dating from 1939 had designated the two-kilometer strip along the Inter-American Highway as public domain, making possession as owner impossible; (2) that the boundaries were not properly defined; and (3) that the true adjoining landowners were unclear. The Tribunal dismissed all arguments. It held that the entry into force of Article 7 of the Possessory Information Law had lifted the public-domain restriction, permitting sufficient possession as owner provided that ten years of possession predated the reserve’s creation (1975)—a requirement found to be satisfied. Neighbors had approved the proceeding, and physical boundaries existed. The ruling followed prior Tribunal precedent (votes 306-F-10 and 1044-F-10) and cited Constitutional Chamber vote 217-001142 (2017) rejecting a constitutionality challenge to Article 7. In short, the claimant demonstrated the required decennial possession and faced no legal bar to titling.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "25/10/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-951128.json", "html_url": "/legal/doc/nexus-sen-1-0034-951128", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-951128" }, { "id": "nexus-sen-1-0034-951224", "citation": "Res. 00985-2019 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Pre-protected area decennial possession allows titling", "title_es": "Posesión decenal anterior a área protegida permite titular", "summary_en": "The Agrarian Court upholds the approval of a possessory information proceeding for a property partially within Diriá National Park. The majority finds that the petitioners proved, through witness testimony and documentary evidence, a quiet, public, peaceful, and owner-like possession for more than ten years before the creation of the protected area, satisfying Article 7 of the Possessory Information Law. The court applies the free evaluation of evidence system under Article 54 of the Agrarian Jurisdiction Law, which requires a joint and logical analysis of the evidence. A separate note by Judge Alvarado Paniagua adds that, since the land is pasture rather than primary forest, the 1969 Forestry Law public-domain date should not apply, and that silvicultural and secondary-forest regeneration activities are environmentally beneficial; denying the title would discourage such practices. The ruling also rejects objections regarding the lack of protective possessory acts and the right-of-way.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "28/11/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-951224.json", "html_url": "/legal/doc/nexus-sen-1-0034-951224", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-951224" }, { "id": "nexus-sen-1-0034-958940", "citation": "Res. 01047-2019 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling forested land through possessory information", "title_es": "Titulación de terrenos con bosque mediante información posesoria", "summary_en": "The Agrarian Court rules on an appeal against the approval of a possessory information for a 117-hectare property in Pérez Zeledón, 89% covered by primary forest. The Attorney General argued that forested lands are part of the State's Natural Heritage, inalienable and imprescriptible, therefore titling should not proceed. The Court upholds the first-instance ruling, affirming that Article 7 of the Possessory Information Law, as amended by Forestry Law 7575, expressly authorizes titling forested lands outside protected areas, provided that ten-year possession, protection of natural resources, and boundary demarcation are proven. The Constitutional Court declared the norm constitutional in decision 4587-97. A possessory chain exceeding 40 years, conservation efforts, and absence of deforestation were demonstrated.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "18/12/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-958940.json", "html_url": "/legal/doc/nexus-sen-1-0034-958940", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-958940" }, { "id": "nexus-sen-1-0034-958955", "citation": "Res. 01062-2019 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Jurisdiction over possessory claims on public-domain wetlands", "title_es": "Definición de competencia en conflictos posesorios sobre humedales demaniales", "summary_en": "The Agrarian Court reviews an ordinary process involving a claim for better possessory right and a counterclaim for adverse possession over land that includes wetlands of the Medio Queso River in Los Chiles, Alajuela. The court examines whether the area qualifies as public domain, relying on Article 7(h) of the Land and Colonization Law, which declares as inalienable and imprescriptible those lands that flood during the rainy season and retain water in the summer, serving as the only water source for local livestock. It cites Constitutional Chamber rulings holding that wetlands on state property are part of the State's Natural Heritage, even if not declared a protected wilderness area. Finding the disputed land to be public domain, the court determines that jurisdiction lies with the Contentious-Administrative Court, as the case involves public interests and state property. The Agrarian Court sua sponte declares lack of subject-matter jurisdiction and transfers the case to the Contentious-Administrative Court.", "primary_topic_id": "property-and-titling", "topic_ids": [ "water-law", "property-and-titling" ], "date": "20/12/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-958955.json", "html_url": "/legal/doc/nexus-sen-1-0034-958955", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-958955" }, { "id": "nexus-sen-1-0034-963144", "citation": "Res. 00013-2020 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Lack of standing due to unregistered sale of property hosting a private wildlife refuge", "title_es": "Falta de legitimación activa por venta no inscrita de finca donde opera refugio privado de vida silvestre", "summary_en": "The Administrative Appeals Tribunal, Section V, declares inadmissible the claim filed by Avice Martha Friedman Cohen seeking compensation for environmental damages to the Gingold Family Private Wildlife Refuge. The court finds that the plaintiff lacks standing because, although the property is still registered in her name, she and the co‑owner sold it in 2007 to a corporation. Under Articles 480 and 1049 of the Civil Code, ownership transferred by consent alone, regardless of registration. Additionally, plaintiff failed to prove she was the refuge administrator or had submitted a management plan to SINAC; the Biodiversity Law regulations assign administration to the landowners. The tribunal also stresses that pure environmental‑damage compensation must go into a public fund, not to private individuals, and rejects the late change in legal theory (prohibition of mutatio libelli).", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "18/02/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-963144.json", "html_url": "/legal/doc/nexus-sen-1-0034-963144", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-963144" }, { "id": "nexus-sen-1-0034-965898", "citation": "Res. 00140-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possession requirements for titling in Los Santos Forest Reserve", "title_es": "Requisitos de posesión para titular en Reserva Forestal Los Santos", "summary_en": "The Agrarian Court reverses the lower court's decision and approves a possessory information proceeding over a 1,000 m² property within the Los Santos Forest Reserve. The court finds that the applicant proved, through witness testimony and documentary evidence, a chain of ownership-type possession dating back to the 1950s—more than ten years before the reserve was created in 1975. The Procuraduría's argument that the land had been subject to public domain restrictions since 1945 or 1961 is rejected, as the court holds that prior norms were repealed and Article 7 of the Possessory Information Law allows titling if decennial possession prior to the protected area decree is shown. Ecological possession is also confirmed, with no damage to forest or soil. The court orders registration free of liens in the applicant's name, with a prohibition on land-use change in forested areas and adherence to the reserve's management plan.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "20/02/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-965898.json", "html_url": "/legal/doc/nexus-sen-1-0034-965898", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-965898" }, { "id": "nexus-sen-1-0034-965948", "citation": "Res. 00190-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Absolute prohibition on harming trees in agrarian precautionary measure", "title_es": "Prohibición absoluta de daños a árboles en medida cautelar agraria", "summary_en": "The Agrarian Tribunal ruled on an appeal against a precautionary measure issued in an interdictal proceeding over land tenure. The original measure prohibited the plaintiffs from felling trees on the disputed property unless they had the corresponding permits. The defendant's attorney appealed, requesting an absolute prohibition extended to any act or omission harming the forest resource, including damaging bark to dry out trees and justify felling. The Tribunal partially granted the appeal, revoking the permit exception and ordering an absolute ban on felling, expanding the measure to a duty to care for the resource and not harm it in any way. The reasoning was that the forest resource is real property by destination and part of the dispute, so altering the property while tenure is under litigation is impermissible.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "27/02/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-965948.json", "html_url": "/legal/doc/nexus-sen-1-0034-965948", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-965948" }, { "id": "nexus-sen-1-0034-966376", "citation": "Res. 00020-2020 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Extinction of maritime-terrestrial zone concession due to lack of renewal request", "title_es": "Extinción de concesión en zona marítimo terrestre por falta de solicitud de prórroga", "summary_en": "The Contentious-Administrative Court dismisses the lawsuit filed by Servicios Ejecutivos S.A. against the Municipality of Nandayure and a third party. The company alleged defects in the notification of its concession expiration notice and violation of the principle of irrevocability of administrative acts. The Court finds that the concession expired by operation of law on September 7, 2011, due to the expiration of its term without the plaintiff filing a renewal request, an indispensable requirement under Article 50 of Law 6043. It clarifies that the obligation to request renewal rests exclusively with the concessionaire and is independent of municipal notice. Furthermore, notification via certified mail is legally valid, and a third party's challenge to a favorable act does not breach the intangibility of own acts. The defense of lack of current interest is upheld, and costs are imposed on the plaintiff.", "primary_topic_id": null, "topic_ids": [], "date": "25/02/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-966376.json", "html_url": "/legal/doc/nexus-sen-1-0034-966376", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-966376" }, { "id": "nexus-sen-1-0034-970066", "citation": "Res. 00143-2020 Tribunal de Apelación de Sentencia Penal de Guanacaste", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Timber transport does not require species identification", "title_es": "Transporte de madera no requiere identificar especie", "summary_en": "The Criminal Sentencing Appeals Court of Guanacaste overturned an acquittal for erroneous interpretation of the crime of illegal timber transport. The trial court had acquitted the defendants, reasoning that it was not proven that the logs were cocobolo wood or their exact origin. The Appeals Chamber found that the criminal offense in Article 56 of the Forestry Law does not require identification of the wood species or proof of its origin. It is sufficient to transport wood in any form (logs, squared, sawn) without the required documentation—namely, the transport permit and certificate of origin. The trial court also overlooked documentary evidence that did identify the wood as cocobolo. The case was remanded for a new trial with a different panel.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "14/04/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-970066.json", "html_url": "/legal/doc/nexus-sen-1-0034-970066", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-970066" }, { "id": "nexus-sen-1-0034-970307", "citation": "Res. 00203-2020 Tribunal Contencioso Administrativo Sección III", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of construction suspension in spring protection zone due to defective land-use certificate", "title_es": "Nulidad de suspensión de obra en zona de protección de naciente por vicios en certificado de uso de suelo", "summary_en": "The Administrative Contentious Court, Section III, annulled the order of the Mayor of Puriscal that suspended the construction of a house located within the protection zone of a spring. The owner held a municipal land-use certificate and construction permit indicating she could build while observing an eight-meter setback from the property line, with no warning of spring-related restrictions. The Court found that both administrative acts created vested rights, and the Municipality had failed to precisely demarcate the protection area, breaching the technical duty to prepare a sketch identifying the affected strips. The sudden suspension of works without a prior procedure violated good faith, legitimate expectations, and the principle of intangibility of the municipality's own acts. The ruling emphasizes that even when environmental protection is a duty, erroneous acts must be annulled through proper procedures, after technical certainty of the impact, and that a simple linear coordinate does not adequately delimit a spring's protection zone.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "01/04/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-970307.json", "html_url": "/legal/doc/nexus-sen-1-0034-970307", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-970307" }, { "id": "nexus-sen-1-0034-971482", "citation": "Res. 00033-2020 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of Land Titling on State Natural Heritage", "title_es": "Nulidad de titulación de lote en Patrimonio Natural del Estado", "summary_en": "The Administrative Contentious Court upholds a lesividad claim filed by INDER against a private individual, annulling the Board resolution that awarded him a plot from the Coto Brus Titling Project. The ruling holds that the property, with 89.8% forest cover, constitutes State Natural Heritage and is therefore inalienable, unseizable and imprescriptible under the Forestry Law. The titling is declared void ab initio on three concurrent grounds: 1) the land was awarded despite a SINAC certification stating it partially fell within State Natural Heritage, violating Articles 13, 14 and 15 of the Forestry Law; 2) the beneficiary failed to provide the conforming soil-use study required by the Soil Use Law Regulation; and 3) the regulation on which the titling was based was declared unconstitutional with retroactive effect. The Court orders cancellation of the property registration, eviction of the occupants, and recovery of the land by MINAET.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling", "procedural-environmental" ], "date": "14/04/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-971482.json", "html_url": "/legal/doc/nexus-sen-1-0034-971482", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-971482" }, { "id": "nexus-sen-1-0034-971483", "citation": "Res. 00034-2020 Tribunal Contencioso Administrativo Sección IV", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Absolute nullity of titling of a State Natural Heritage parcel due to non-compliance and unconstitutionality of regulation", "title_es": "Nulidad absoluta de titulación de parcela del Patrimonio Natural del Estado por incumplimiento de requisitos y vicio de inconstitucionalidad", "summary_en": "The Contentious-Administrative Tribunal nullifies the IDA (now INDER) Board of Directors' agreement that titled a parcel from the Puriscal-Parrita Titling Project to an individual, deeming the act harmful to the public interest. The parcel partially constituted State Natural Heritage (PNE) according to a MINAE certification, but the applicant concealed this condition and failed to present the required soil use study. The court finds absolute nullity defects: public domain property, inalienable and imprescriptible, was titled in violation of articles 13, 14 and 15 of the Forestry Law; the soil use certificate required by article 58 of the Soil Use Regulation was omitted; and the Regulation for Titling in National Reserves, the basis of the act, was declared unconstitutional with retroactive effect by the Constitutional Chamber. The act, subsequent transfer deeds, and registration entry are annulled, and the property is ordered returned to the public domain under SINAC administration, with disciplinary proceedings against the officials involved.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "14/04/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-971483.json", "html_url": "/legal/doc/nexus-sen-1-0034-971483", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-971483" }, { "id": "nexus-sen-1-0034-971513", "citation": "Res. 00029-2020 Tribunal Contencioso Administrativo Sección II", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of land transfer in southern border strip due to inalienability", "title_es": "Anulación de traspaso de terreno en franja fronteriza sur por inalienabilidad", "summary_en": "The ruling by the Second Section of the Contentious-Administrative Court upholds the lesividad claim brought by INDER and partially annuls a 2005 board agreement that authorized the segregation and transfer of a parcel within the Amalia Hernández Settlement, located in the 2,000-meter southern border strip with Panama, to a private individual. The court finds that the land, due to its location in said zone, is public domain and inalienable under the Land and Colonization Law (Article 7(f)), and therefore could not be transferred to a private party under any title. The administrative act is declared absolutely null for defects in motive, content, and purpose, with the connected public deed and registry entries also annulled. The ruling reaffirms the constitutional protection of border strips as public domain assets dedicated to sovereignty, national security, and a healthy environment, being imprescriptible, unseizable, and inalienable.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "23/04/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-971513.json", "html_url": "/legal/doc/nexus-sen-1-0034-971513", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-971513" }, { "id": "nexus-sen-1-0034-972878", "citation": "Res. 00238-2019 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Atipicity of timber transport without origin determination", "title_es": "Atipicidad del transporte de madera sin determinar origen", "summary_en": "The ruling upholds the acquittal of the defendant for illegal timber transport. The Criminal Appeals Court holds that the conduct does not fall under Article 61 of the Forestry Law (harvesting, acquisition, or land-use change), and although timber transport is regulated by Article 56, that norm requires documentation only when timber originates from a forest or plantation. Since the prosecution failed to prove the origin of the 48 pieces of 'fruta dorada' being transported, the act is atipical. The defense presented an invoice showing a lawful transaction, and the lack of investigation into origin prevents subsuming the facts under the criminal provision. The Public Prosecutor's objections regarding evidentiary assessment and lack of justification of the protected legal interest are dismissed, and the appeal is denied.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "10/12/2019", "year": "2019", "json_url": "/data/legal/docs/nexus-sen-1-0034-972878.json", "html_url": "/legal/doc/nexus-sen-1-0034-972878", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-972878" }, { "id": "nexus-sen-1-0034-976141", "citation": "Res. 00229-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian Tribunal upholds denial of possessory information for property partially within protected zone", "title_es": "Tribunal Agrario confirma improbación de información posesoria sobre inmueble parcialmente en zona protectora", "summary_en": "The Agrarian Tribunal upholds the first-instance ruling that denied the possessory information proceedings filed by Bendiciones Ojo de Agua S.A. for a 56-hectare property in Puntarenas, of which 37% lies within the Arenal Monteverde Protected Zone, created in 1977. The company claimed possession dating back to 1959, but the testimonial and documentary evidence failed to prove continuous, public, peaceful possession as owner for at least ten years prior to April 20, 1967 (ten years before the protected area’s establishment), as required by Article 7 of the Possessory Information Law. Witnesses placed the possession between 1969 and 1974, and the documents could not be reconciled with their testimony due to discrepancies in the property description. The court reiterates that documentary evidence alone is insufficient and that the burden of proof lies with the petitioner, thus confirming the lower court’s decision.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "18/03/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-976141.json", "html_url": "/legal/doc/nexus-sen-1-0034-976141", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-976141" }, { "id": "nexus-sen-1-0034-976272", "citation": "Res. 00359-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Decade-long possession for possessory title proceedings on land within a forest reserve", "title_es": "Posesión decenal en información posesoria sobre terreno dentro de reserva forestal", "summary_en": "The Agrarian Tribunal overturns the lower court decision and approves the possessory title proceedings brought by San Jaboncillos S.A. over a 1,759,372.59 m² forest property in Savegre, Pérez Zeledón, located within the Los Santos Forest Reserve. The core issue was whether decade-long possession prior to the creation of the protected area by Executive Decree 5389-A on November 12, 1975 had been proven. The tribunal jointly assessed documentary evidence—including final judgments from 1981 and 1982 in a reivindication suit establishing over 20 years of possession, and transfer deeds—as well as witness testimony, concluding that the transferors had possessed the property since at least 1961. It held that the lower judge erred by focusing on testimonial shortcomings and neglecting the documentary evidence. Additionally, compliant land use was verified, with the property consisting mainly of primary and secondary forest dedicated to conservation and natural regeneration. Registration is ordered in the company’s name, with legal reservations concerning river and spring protection areas, and a right-of-way easement is recognized.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "24/04/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-976272.json", "html_url": "/legal/doc/nexus-sen-1-0034-976272", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-976272" }, { "id": "nexus-sen-1-0034-976492", "citation": "Res. 00376-2020 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Standing of Private Forest Owner to File Criminal Complaint for Environmental Offenses", "title_es": "Legitimación del dueño de terreno forestal privado para querellarse por delitos ambientales", "summary_en": "The majority of the Court of Criminal Appeal of the Third Judicial Circuit of Alajuela (San Ramón) confirmed that the complainant, as the registered owner of a private forest property, had standing to file a criminal complaint and prosecute offenses under the Forestry Law without the need for intervention by the Public Prosecutor’s Office or the Attorney General’s Office. The ruling held that the acts did not occur on state forest land but on private forest land, making the owner the directly offended victim under Article 70(a) of the Criminal Procedure Code, and thus entitled to bring the criminal action independently under Articles 16, 71(g), and 75 of the CPP. The court rejected the defense arguments regarding lack of standing, the civil nature of the conflict, prior agrarian proceedings as res judicata, and violation of due process. However, one judge issued a dissenting opinion, arguing that environmental offenses protect a diffuse interest and that under Article 70(d) of the CPP and the principle of restrictive interpretation, an individual natural person cannot prosecute environmental crimes; only the legal entities listed in the law, the Public Prosecutor’s Office, or the Attorney General’s Office may do so. The dissenting judge would have acquitted the defendant on the forestry charges.", "primary_topic_id": null, "topic_ids": [], "date": "08/05/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-976492.json", "html_url": "/legal/doc/nexus-sen-1-0034-976492", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-976492" }, { "id": "nexus-sen-1-0034-983345", "citation": "Res. 00406-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling denied for land within protected area lacking prior ten-year possession", "title_es": "Improcedencia de titular tierras dentro de área silvestre protegida sin poseedor decenal anterior a la declaratoria", "summary_en": "The Agrarian Court upholds the denial of a possession claim over a property partially within Dirlá National Park. The claimant failed to prove the chain of possession or the required ten-year possession prior to the creation of the protected area in 2006. Witness testimony was insufficient and contradictory, falling short of Article 6 of the Possession Information Law requirements. Additionally, land use (agriculture and pasture) was incompatible with the area's forest vocation, failing the ecological possession requirement. The court reiterates that under Article 114 of the Biodiversity Law, private lands within national parks are not part of the protected area until the State pays or expropriates them, but titling still requires proof of ten-year possession before the protected area's declaration, which was not met here.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "06/05/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-983345.json", "html_url": "/legal/doc/nexus-sen-1-0034-983345", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-983345" }, { "id": "nexus-sen-1-0034-983348", "citation": "Res. 00409-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Admissibility of possessory title proceedings in wildlife refuge", "title_es": "Procedencia de información posesoria en refugio de vida silvestre", "summary_en": "The Agrarian Court upheld the approval of possessory title proceedings for a property cultivated with oil palm, partially located within the Barra del Colorado National Wildlife Refuge. The Attorney General argued the land was in a protected area, lacked ecological possession, and had inconsistencies in the chain of transfers. The Court rejected the grievances, finding that the ten-year possession before 1975 was sufficiently proven with witness and documentary evidence, predating the refuge's creation in 1985. It emphasized that under Article 114 of the Biodiversity Law and the amended Article 72 of the Forestry Law, private lands within wildlife refuges do not become part of the protected area until paid for or expropriated. Until then, possessors retain their property rights and can obtain title, as adverse possession predated the refuge declaration. The ruling clarifies that switching to oil palm does not constitute unlawful land use change if agrarian activity continues and some forest cover is preserved.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "wildlife-law-7317" ], "date": "07/05/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-983348.json", "html_url": "/legal/doc/nexus-sen-1-0034-983348", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-983348" }, { "id": "nexus-sen-1-0034-983406", "citation": "Res. 00468-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Regenerated secondary forest does not constitute public domain", "title_es": "Bosque secundario regenerado no constituye demanio público", "summary_en": "The Agrarian Court upholds the approval of possessory information proceedings over three lots covered by scrubland, secondary forest, and brush in Puntarenas. The Attorney General's Office appealed, arguing that forested lands are part of the public domain and cannot be privately possessed. The Court rejects that argument because, according to an INTA soil study, the original forest was converted to pasture and then regenerated as secondary forest by the possessor. It holds that declaring such vegetation as public domain would discourage natural regeneration and carbon sequestration, which are environmentally beneficial activities. Additionally, certifications from the Central Pacific Conservation Area confirm the properties lie outside protected wildlands. Testimonial evidence proves public, peaceful, continuous, and good-faith decennial possession, justifying registration.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "26/05/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-983406.json", "html_url": "/legal/doc/nexus-sen-1-0034-983406", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-983406" }, { "id": "nexus-sen-1-0034-983428", "citation": "Res. 00490-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "ASADA Access for Aqueduct Maintenance and Forest Protection in Agrarian Precautionary Measure", "title_es": "Acceso de ASADA para mantenimiento de acueducto y protección del bosque en medida cautelar agraria", "summary_en": "The Agrarian Tribunal overturns the denial of a precautionary measure requested by an ASADA to allow its officials to enter a private property for maintenance and inspection of an aqueduct that supplies several communities. The ASADA had not filed a counterclaim, but the Tribunal holds that the protection of human health and access to drinking water justify the measure, without the need for a counterclaim. The property owner is ordered to allow access, but counter-guarantees are imposed: prohibition on removing forest species, obligation not to harm the forest, and to cause the least possible disturbance. The ruling balances the human right to water with the protection of natural resources, given the existence of a forest under payment for environmental services. An urgent judicial inspection is ordered to verify the physical situation of the pipes and the need to maintain the measure.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "28/05/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-983428.json", "html_url": "/legal/doc/nexus-sen-1-0034-983428", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-983428" }, { "id": "nexus-sen-1-0034-983454", "citation": "Res. 00516-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Possessory title registration of land within Tuis River Protected Zone", "title_es": "Titulación posesoria de terreno dentro de zona protectora Río Tuis", "summary_en": "The Agrarian Court, by majority vote, overturned the lower court's denial and approved the possessory information proceeding for 18 hectares located within the Tuis River Basin Protected Zone, created in 1986. The applicant proved ten-year possession prior to the establishment of the protected area —since at least 1963— through consistent testimonial evidence and a judicial inspection that verified forest conservation and protection of watercourse margins. Conforming land use was certified by INTA, and the adoption of sustainable management measures was documented (natural regeneration, exclusion of livestock in fragile sectors). The dissenting opinion held that the full chain of possession by the transferors was not proved, nor the exact periods of occupancy of each. The majority decision orders registration of the property, subject to the reservations of the Forestry Law, the Water Law, and a prohibition on tree cutting in watercourse protection areas.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "05/06/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-983454.json", "html_url": "/legal/doc/nexus-sen-1-0034-983454", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-983454" }, { "id": "nexus-sen-1-0034-983475", "citation": "Res. 00537-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Decennial possession prior to forest-reserve creation is not required for publician agrarian action", "title_es": "Improcedencia de exigir posesión decenal previa a creación de reserva forestal en acción publiciana agraria", "summary_en": "The Agrarian Tribual annuls a judgment that dismissed a publician action brought by a farmer against a private party over a parcel within the Golfo Dulce Forest Reserve. The trial judge required the plaintiff to prove possession dating back at least ten years before the reserve was created, incorrectly applying Article 6 of the Possessory Information Law. The Tribunal holds that a publician action requires only proof of legitimate possession vis-à-vis the defendant; proving possession prior to the creation of the management category is not an element of the action. It finds the object of the proceedings was diverted by confusing it with a non-contentious possessory proceeding used to obtain registrable title. It further finds that the first-instance court omitted proper evaluation of all witness evidence, breaching Article 54 of the Agrarian Jurisdiction Law. The judgment is entirely annulled, and the case is remanded for a new decision, without prejudice to the rights of the State and pursuant to Article 286 of the Civil Code.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "11/06/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-983475.json", "html_url": "/legal/doc/nexus-sen-1-0034-983475", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-983475" }, { "id": "nexus-sen-1-0034-985048", "citation": "Res. 00414-2020 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Demolition of structures built with municipal permits requires prior declaration of harmfulness", "title_es": "Demolición de vivienda con permisos municipales requiere declaratoria de lesividad previa", "summary_en": "The Criminal Appeals Court of Cartago, by majority, revokes a demolition order issued within an acquittal judgment. The majority holds that the house was built under valid municipal permits, that the property was not registered as forest and did not meet the legal definition of forest under Article 3 of the Forestry Law (area less than 2 hectares), and that criminal courts lack jurisdiction to review the legality of administrative acts. The court rules that, until the building permit is declared harmful to public interests (\"lesivo\") through the administrative contentious procedure under Article 34 of the Contentious Administrative Procedure Code, demolition cannot be ordered in criminal proceedings. The dissenting vote argues the matter should be remanded to the lower court for a new adversarial hearing. The acquittal remains undisturbed in all other respects.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "forestry-law-7575" ], "date": "10/07/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-985048.json", "html_url": "/legal/doc/nexus-sen-1-0034-985048", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-985048" }, { "id": "nexus-sen-1-0034-985326", "citation": "Res. 01158-2020 Tribunal Contencioso Administrativo", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Denial of Precautionary Measure Against Eviction in State Natural Heritage Area", "title_es": "Rechazo de medida cautelar contra desalojo en área de Patrimonio Natural del Estado", "summary_en": "The Administrative Litigation Tribunal denied a precautionary measure requested by occupants of a property within the Cordillera Volcánica Central Forest Reserve, who sought to prevent a potential eviction by the Rural Development Institute (INDER). The applicants argued that they lived on the premises with their family, animals, and crops, and that eviction would cause serious harm, especially during the COVID-19 pandemic. However, the Tribunal found no formal act or material conduct proving the imminence of eviction, as INDER had not initiated any procedure. While the appearance of good right was acknowledged to allow a full discussion of the merits in a plenary proceeding, the measure was deemed premature and lacking urgency, and the danger in delay was not proven. The Tribunal also held that the applicants failed to demonstrate grave, current, or potential damage to justify precautionary relief, and that the public interest in protecting state-owned natural heritage prevailed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "09/07/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-985326.json", "html_url": "/legal/doc/nexus-sen-1-0034-985326", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-985326" }, { "id": "nexus-sen-1-0034-985912", "citation": "Res. 00881-2020 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of acquittal for invasion of protected area in Barra del Colorado", "title_es": "Nulidad de absolutoria por invasión a zona protegida en Barra del Colorado", "summary_en": "The Criminal Appeals Tribunal fully annulled the acquittal of the defendant for invading a protected area in the Barra del Colorado National Wildlife Refuge, as well as the preceding trial. The acquittal was based on the in dubio pro reo principle, considering there was no certainty the defendant personally built the illegal house or carried out all invasive acts himself, despite abundant documentary and testimonial evidence placing him repeatedly on site, performing activities such as clearing, farming, keeping farm animals, and remaining in the area. The appeals court found the lower court's decision lacked adequate reasoning, omitted weighing circumstantial evidence, contained contradictions regarding criminal theory, and failed to analyze the elements of dolus or possible strict civil liability. The eviction and demolition order was also annulled for lack of motivation. The case was remanded for a new trial with different judges, emphasizing the length of the proceedings and the gross errors detected.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "03/06/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-985912.json", "html_url": "/legal/doc/nexus-sen-1-0034-985912", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-985912" }, { "id": "nexus-sen-1-0034-985938", "citation": "Res. 00938-2020 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Nullity for confusion between mistake of fact and mistake of law", "title_es": "Nulidad por confusión entre error de tipo y error de prohibición", "summary_en": "The Criminal Appeals Tribunal of the Second Judicial Circuit of San José annuls the acquittal of several defendants for the offenses of invasion of a protected zone (Art. 58(a) of the Forestry Law) and usurpation. The chamber finds that the trial judge consistently confused the concepts of mistake of fact and mistake of law, misapplied them, and failed to conduct a thorough evidentiary analysis. Mistake of fact concerns ignorance of the objective elements of the offense, whereas a direct mistake of law relates to awareness of the unlawfulness of the conduct. The erroneous reasoning and evidentiary oversight lead to the nullity of the criminal ruling and the remand for a new trial. Meanwhile, the tribunal upholds the civil indemnification order against the civil defendant, reaffirming that civil liability is independent of criminal wrongdoing and may be imposed even alongside an acquittal.", "primary_topic_id": null, "topic_ids": [], "date": "10/06/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-985938.json", "html_url": "/legal/doc/nexus-sen-1-0034-985938", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-985938" }, { "id": "nexus-sen-1-0034-985958", "citation": "Res. 00972-2020 Tribunal de Apelación de Sentencia Penal II Circuito Judicial de San José", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Invasion of Protected Area Does Not Exempt Criminal Liability for Unrecognized Possession or Private Title", "title_es": "Invasión de área protegida no exime responsabilidad penal por posesión o título privado no reconocido", "summary_en": "The Criminal Appeals Court upholds the conviction for invasion of a protected area against a woman who built a house inside Tortuguero National Park. The defense argued that the land was private due to possession since 1980, and that the State should have expropriated it before considering it part of the protected area. The court rejects this argument: documentary evidence from SINAC shows the land is public domain, originally owned by JAPDEVA, and was incorporated into the park through executive decrees of expansion. Furthermore, it notes that even if possessory rights were hypothetically recognized in civil or agrarian proceedings, this would not authorize construction without forestry permits, since Article 58 of the Forestry Law punishes invasion even on privately owned land. The appeal is denied.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "16/06/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-985958.json", "html_url": "/legal/doc/nexus-sen-1-0034-985958", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-985958" }, { "id": "nexus-sen-1-0034-987298", "citation": "Res. 00075-2020 Tribunal Contencioso Administrativo Sección VII", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of land parcel award in southern border strip via lesividad", "title_es": "Nulidad de adjudicación de parcela en franja fronteriza sur por lesividad", "summary_en": "The Seventh Section of the Contentious-Administrative Tribunal hears a lesividad action brought by INDER to partially annul a 2005 board agreement that awarded, segregated, and transferred a parcel from the Amalia Hernández Piedra Settlement in Coto Brus, Puntarenas, to two individuals. The land, measuring 1,485.36 m², was found to lie entirely within the two-kilometer southern border strip, making it inalienable and imprescriptible public domain under the Land and Colonization Law and constitutional case law. The tribunal examines the requirements for a lesividad proceeding: a final act creating rights, absolute nullity, a declaration of harm to public interests by the highest authority, and no time limits for public domain assets. It holds that the agreement violated the legal framework by disposing of property outside commerce. The court grants the claim, partially annuls the agreement, the segregation deed, and the registration entry, maintains the interlocutory injunction until the judgment becomes final, and imposes no costs.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "30/07/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-987298.json", "html_url": "/legal/doc/nexus-sen-1-0034-987298", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-987298" }, { "id": "nexus-sen-1-0034-987801", "citation": "Res. 00686-2020 Tribunal de Apelación de Sentencia Penal III Circuito Judicial de Alajuela San Ramón", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Forest restitution ordered despite criminal acquittal", "title_es": "Restitución del bosque procede aun con absolutoria penal", "summary_en": "The San Ramón Criminal Appeals Court partially overturns an acquittal for land-use change, finding that the trial judge unreasonably denied the Attorney General's request to order restitution of the forest to its original state. The appellate court establishes that, in environmental criminal matters, restitution of things to their pre-offense condition is a civil consequence of the crime that must be ordered ex officio, even when the defendant is acquitted—for instance, under the in dubio pro reo principle—provided there is sufficient evidence of the wrongful act (the environmental damage). The principle of forest non-reducibility is emphasized: forest land affected by crimes must be recovered without exception. Furthermore, the court holds that the lack of hearing of the registered owner of the property does not bar restitution, because in an environmental crime in a forested area, no legitimate interest can oppose remediation, in protection of the fundamental right to a healthy and ecologically balanced environment (article 50 of the Constitution). The case is remanded for a new hearing and a properly reasoned decision on restitution.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "31/07/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-987801.json", "html_url": "/legal/doc/nexus-sen-1-0034-987801", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-987801" }, { "id": "nexus-sen-1-0034-993568", "citation": "Res. 00069-2020 Tribunal Contencioso Administrativo Sección V", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulling a land award for a forested parcel with water springs, declared State Natural Heritage", "title_es": "Nulidad de adjudicación de parcela con bosque y nacientes declarada Patrimonio Natural del Estado", "summary_en": "The Administrative Litigation Tribunal partially upheld the lawsuit filed by the Cuarros de Tárcoles Water Association. The court annulled the 1997 IDA (now INDER) board agreement that awarded parcel 69 to a private individual, finding it constituted State Natural Heritage due to existing forest and two water springs. It ordered transfer of the property to the Environment Ministry (MINAET), registration in the State's name, and eviction of the awardee. INDER was ordered to pay costs and damages. The Association was recognized as owner of water infrastructure works, but its abstract claim for compensation for improvements was rejected due to lack of proof of their nature and value.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "water-law" ], "date": "31/08/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-993568.json", "html_url": "/legal/doc/nexus-sen-1-0034-993568", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-993568" }, { "id": "nexus-sen-1-0034-996724", "citation": "Res. 00118-2020 Tribunal Contencioso Administrativo Sección VI", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Continental Towers v. Municipality of Santa Ana — demolition of tower without building permit", "title_es": "Continental Towers vs. Municipalidad de Santa Ana — derribo de torre sin licencia constructiva", "summary_en": "Continental Towers S.A. built a self-supporting telecommunications tower in Santa Ana without a building permit, relying only on a certificate of land use conformity. The municipality initiated a special regularization procedure and, given the inaction of the property owner and the company, ordered the demolition. It also denied a subsequent request for a building permit because the structure had already been built without environmental viability for construction —only viability for operation existed— and because it failed to meet the minimum distance of 250 meters from another licensed tower, violating Article 13 of the municipal telecommunications regulation. The Administrative Court dismissed the lawsuit, holding that although telecommunications is an activity declared to be of public interest, that does not exempt it from compliance with urban planning and environmental regulations. The court upheld the demolition order and the permit denial, finding that the plaintiff failed to meet substantive requirements and that the municipality's actions were lawful.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "22/09/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-996724.json", "html_url": "/legal/doc/nexus-sen-1-0034-996724", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-996724" }, { "id": "nexus-sen-1-0034-996817", "citation": "Res. 00589-2020 Tribunal de Apelación de Sentencia Penal de Cartago", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal judgment upholds conviction for illegal forest harvesting", "title_es": "Sentencia de apelación confirma condena por aprovechamiento forestal ilegal", "summary_en": "The Criminal Sentencing Appeals Court of Cartago upholds a one-month prison sentence for illegal forest harvesting and processing without permits, in violation of the Forestry Law. The defense argued that it was not proven the defendant cut and processed the trees, since he was found outside the property with the chainsaws, and that witnesses contradicted each other on his location. The appeals court endorsed the trial court's evidence assessment, highlighting the consistency between testimony and documentary evidence. It found that the defendant was surprised inside the farm, next to chainsaws with fresh sawdust, recently cut wood, a 'chapulín' (tractor), and drag marks from a stump. The defense witnesses were deemed biased and not credible. The court held that the evidentiary reasoning was logical and compliant with the rules of sound criticism, dismissing the appeal.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "05/10/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-996817.json", "html_url": "/legal/doc/nexus-sen-1-0034-996817", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-996817" }, { "id": "nexus-sen-1-0034-999600", "citation": "Res. 00885-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Formal res judicata bars refiling of possessory information within a protected wildlife area", "title_es": "Imposibilidad de replantear información posesoria por cosa juzgada formal dentro de área silvestre protegida", "summary_en": "The Agrarian Tribunal, by majority vote, upholds the definitive dismissal of a possessory information proceeding filed by Comercial Súper Unión S.R.L. over a 172,953 m² plot within the Barra del Colorado National Wildlife Refuge. The Attorney General's Office opposed the proceeding under Articles 5 and 8 of the Possessory Information Law, arguing that a prior possessory information case (file no. 11-000160-0507-AG) covering part of the same property had already been decided on the merits and rejected for failure to prove ten-year possession predating the refuge's creation (1985). The majority holds that the substantive rejection in the first case gives rise to formal res judicata, which legally bars refiling a new possessory information for the same purpose. The petitioner must therefore pursue an ordinary lawsuit. A dissenting vote considers that, as a non-contentious proceeding, res judicata does not arise and that the State's opposition based solely on the property's location within a protected area is unfounded, since Article 7 of the same law permits title claims if ten-year possession prior to the protective declaration is demonstrated.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "wildlife-law-7317" ], "date": "25/09/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-999600.json", "html_url": "/legal/doc/nexus-sen-1-0034-999600", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-999600" }, { "id": "nexus-sen-1-0034-999602", "citation": "Res. 00887-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of possessory information proceedings for lack of reasoning and protection of wetlands", "title_es": "Anulación de información posesoria por falta de fundamentación y tutela de humedales", "summary_en": "The Agrarian Tribunal annulled the first-instance judgment that approved possessory information proceedings over a pineapple farm in Buenos Aires, Puntarenas, brought by Corporación Bandeco CR S.A. The Attorney General's Office appealed, alleging environmental damage to two lagoons (Bruja and an unnamed one) and the Peje stream, which are public domain assets and wetland ecosystems. The Tribunal found the judgment lacked sufficient reasoning: it did not analyze SINAC's technical reports showing the existence of the wetlands, their impact from drainage and canals, nor did it resolve the effective exclusion of these areas from the base plan. It also failed to address the restoration of damaged ecosystems and illegal works like a road and an artificial canal crossing the unnamed lagoon. With a dissenting vote, the majority ordered annulment and instructed the lower court to request reports from MINAE/SINAC to clarify the exact location of the lagoons, their possible recovery, and measures needed to restore environmental balance before issuing a new judgment.", "primary_topic_id": null, "topic_ids": [], "date": "25/09/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-999602.json", "html_url": "/legal/doc/nexus-sen-1-0034-999602", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-999602" }, { "id": "nexus-sen-1-0034-999617", "citation": "Res. 00903-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Titling of farm with wetland inside Wildlife Refuge", "title_es": "Titulación de finca con humedal dentro de Refugio de Vida Silvestre", "summary_en": "The Agrarian Tribunal reversed the trial court and approved the possessory information proceedings for a 212-hectare farm, 34% of which lies within the Barra del Colorado National Wildlife Refuge and contains palustrine and fluvial wetlands. The majority held that inland wetlands are not automatically public domain — unlike coastal wetlands — and that since the land was not registered to the State and no environmental harm was proven, titling was proper. A possessory chain dating back more than ten years before the refuge's boundary expansion in 2004 was established. The ruling imposes restrictions: it prohibits land-use change in forest and wetland areas, and requires compliance with the refuge’s management plan, the Forestry Law, and the Wildlife Conservation Law. A dissenting vote argued that the wetland, as a Ramsar site and protected area, is public domain under the 1961 Land and Colonization Law.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "wildlife-law-7317" ], "date": "29/09/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-999617.json", "html_url": "/legal/doc/nexus-sen-1-0034-999617", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-999617" }, { "id": "nexus-sen-1-0034-999633", "citation": "Res. 00919-2020 Tribunal Agrario", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Precautionary protection of a spring in recharge zone", "title_es": "Protección cautelar de naciente en zona de recarga", "summary_en": "The Agrarian Court hears an appeal against the denial of an atypical precautionary measure sought by Compañía Agrícola Genarina de la Ceiba S.A., aimed at preventing the defendant-counterclaimant from removing undergrowth, scrub, thickets, or any vegetation on land adjacent to a spring captured by the plaintiff. The on-site judicial inspection showed that the defendant's property extends to within twelve meters of the spring, and that in that strip the vegetation (Kin Grass) had been cleared, leaving bare soil. The Court reverses the first-instance decision and partially grants the measure. It holds that, while the prohibition on tree-cutting and the duty to maintain a 100‑meter protection zone around springs are already set out in Articles 33 and 34 of the Forestry Law, the fact that the defendant is clearing within that zone justifies issuing the precautionary order. The Court orders the defendant to refrain from any clearing of vegetation within a 100‑meter radius of the spring, pending resolution on the merits.", "primary_topic_id": null, "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "29/09/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-0034-999633.json", "html_url": "/legal/doc/nexus-sen-1-0034-999633", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-0034-999633" }, { "id": "nexus-sen-1-1011-1102015", "citation": "Res. 00117-2022 Tribunal de Casación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Calculation of the statute of limitations in a claim for drowning in a public pool", "title_es": "Cómputo de la prescripción en reclamo indemnizatorio por ahogo en piscina pública", "summary_en": "The plaintiff sued Balneario River Side S.A., the Municipality of Bagaces, and the State jointly, for the death of her 14-year-old son who drowned in the tourist center's pool on July 14, 2013, alleging lack of lifeguards and first-aid room as required by the Public Pool Management Regulation (Decree No. 35309-S). The State raised the statute of limitations defense. The Contentious-Administrative Court upheld the defense and declared the compensatory claims against the State and the Municipality inadmissible, finding that between the date of the harmful event (07/14/2013) and service of process on the State (08/04/2017) more than four years had elapsed, exceeding the limitation period under Article 198 of the General Public Administration Law. The plaintiff appealed in cassation arguing that the period should run from the date she learned with certainty the cause of death (asphyxia by submersion) through the OIJ police report of September 21, 2013. The Cassation Court rejected the appeal: it held that the starting point is the date of death, since the report merely confirmed the cause and did not add new elements preventing a claim; therefore, the statute of limitations had expired. The case does not address the merits of state liability and is limited to confirming the declared prescription.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/05/2022", "year": "2022", "json_url": "/data/legal/docs/nexus-sen-1-1011-1102015.json", "html_url": "/legal/doc/nexus-sen-1-1011-1102015", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-1011-1102015" }, { "id": "nexus-sen-1-1011-1207336", "citation": "Res. 00101-2023 Tribunal de Casación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Statute of limitations for nullity action against revocation of forest land adjudication", "title_es": "Caducidad de la acción en nulidad de revocatoria de adjudicación sobre terreno forestal", "summary_en": "The Contentious-Administrative and Hacienda Court of Cassation dismisses the cassation appeal of the parcel's adjudicatees, confirming the inadmissibility of their claim due to the expiration of the statute of limitations. The plaintiffs sought annulment of the adjudication revocation procedure for land which, according to a SINAC certification, constitutes State Natural Heritage because it has forest cover. The court determines that, although the claim was originally filed before the agrarian jurisdiction, competence lies with the contentious-administrative courts because the land is a forestal public domain asset, and its designation is merely declaratory rather than constitutive. The statute of limitations exception, raised before the preliminary hearing, can be re-examined in the judgment under Article 67 of the CPCA. The argument that the challenged act produces ongoing effects is rejected; the act is classified as having an instantaneous effect. Therefore, the one-year limitation period under Article 39 of the CPCA, calculated from the negative administrative silence on the appeal, had clearly expired.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788" ], "date": "14/06/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-1011-1207336.json", "html_url": "/legal/doc/nexus-sen-1-1011-1207336", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-1011-1207336" }, { "id": "nexus-sen-1-1011-1207396", "citation": "Res. 00181-2023 Tribunal de Casación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Res judicata prevents reclassification of Rajada Beach concessions as non-PNE", "title_es": "Cosa juzgada impide reclasificación de concesiones en playa Rajada como no PNE", "summary_en": "The Contentious-Administrative and Civil Treasury Court of Cassation, in resolution 00181-2023, rejects the cassation appeal filed by the Guágula companies against the ruling that upheld the defense of material res judicata. In the original lawsuit, the companies sued the State and SINAC seeking the annulment of administrative acts that declared their concession lands in the maritime zone of Rajada Beach, Guanacaste, as State Natural Heritage (PNE). They argued the lands did not meet the parameters of the Forestry Law and Decree 36786-MINAET to be classified as forest or forest-suitable lands. The Court confirms that a firm judicial ruling (00625-2017 of the First Chamber) already declared the entire area between El Jobo and Manzanillo beaches, including the concessions, as PNE. The new action sought to review the specific classification of each concession, which should have been requested in the first proceeding. The appeal is denied, and costs are imposed on the plaintiff.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "12/10/2023", "year": "2023", "json_url": "/data/legal/docs/nexus-sen-1-1011-1207396.json", "html_url": "/legal/doc/nexus-sen-1-1011-1207396", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-1011-1207396" }, { "id": "nexus-sen-1-1011-1260721", "citation": "Res. 00121-2024 Tribunal de Casación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Appeal against denial of environmental interim measures deemed inadmissible", "title_es": "Improcedencia de apelación contra rechazo de medida cautelar ambiental", "summary_en": "The Contentious-Administrative Court of Cassation summarily dismisses the appeal filed by Asociación Salvemos las Lomas Salitral against a ruling that denied a request for interim measures aimed at halting actions by the Municipality of Desamparados, MINAE, INVU, SETENA, and Urbanizadora La Laguna S.A. The court bases its decision on the fact that rulings on interim measures do not produce res judicata nor terminate the proceedings, and therefore are not subject to appeal under Articles 134 and 140(a) of the Contentious-Administrative Procedure Code. The association sought to suspend permits or activities it considered environmentally harmful in the Lomas Salitral area, but the court does not examine the merits of the interim measure, limiting itself to declaring the appeal inadmissible on strictly procedural grounds. This ruling illustrates the rules for challenging decisions in Costa Rican administrative litigation and the impossibility of appealing orders on interim measures once the lower tribunal has issued its decision.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "27/09/2024", "year": "2024", "json_url": "/data/legal/docs/nexus-sen-1-1011-1260721.json", "html_url": "/legal/doc/nexus-sen-1-1011-1260721", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-1011-1260721" }, { "id": "nexus-sen-1-1011-1279293", "citation": "Res. 00010-2025 Tribunal de Casación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Annulment of judgment for lack of reasoning on admission of evidence for better provision", "title_es": "Anulación de sentencia por falta de motivación en la admisión de prueba para mejor proveer", "summary_en": "The Administrative Contentious and Civil Hacienda Cassation Court annulled the lower court’s judgment that had dismissed the lawsuit of Christian Campos Monge against the State and the Office of the Comptroller General. The plaintiff, a former member of CONAVI’s Board of Directors, was sanctioned by the Comptroller with a two-year ban from public office for voting in favor of a request to authorize a special procurement procedure for the construction of the access road to the Moín Container Terminal, despite being aware of a technical mismatch. The Cassation Court found that the trial court failed to rule on the admission of the technical expert report offered as evidence for better provision by the plaintiff, and only addressed the evidence offered by the opposing party. This omission constitutes a lack of reasoning that violated due process, as Article 50.2 of the Administrative Contentious Procedure Code requires an express ruling on the admissibility of all evidence for better provision. The judgment is quashed and the case remanded for a new decision.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/01/2025", "year": "2025", "json_url": "/data/legal/docs/nexus-sen-1-1011-1279293.json", "html_url": "/legal/doc/nexus-sen-1-1011-1279293", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-1011-1279293" }, { "id": "nexus-sen-1-1011-889830", "citation": "Res. 00029-2014 Tribunal de Casación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Agrarian eviction and dismissal due to statute of limitations", "title_es": "Desalojo agrario e improcedencia de reclamo por caducidad", "summary_en": "The Contentious-Administrative Court of Cassation reviews a claim by farmers evicted from IDA parcels in the Corobicí Settlement, Guanacaste, seeking nullity of the 2000 eviction order, restitution or relocation, and damages. The lower court declared almost all claims inadmissible due to statutes of limitations, leaving only a claim regarding MINAET’s failure to individualize lands. On appeal, the farmers argued lack of motivation, misapplication of prescription periods, and overlooking evidence. The Court denies the appeal: the eviction order was not a continuing-effect act; notification in March 2000 was valid; the lawsuit filed in 2010 exceeded the four-year periods under Articles 175 and 198 of the General Public Administration Act. It dismisses the cassation appeal and imposes costs.", "primary_topic_id": null, "topic_ids": [], "date": "10/04/2014", "year": "2014", "json_url": "/data/legal/docs/nexus-sen-1-1011-889830.json", "html_url": "/legal/doc/nexus-sen-1-1011-889830", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-1011-889830" }, { "id": "nexus-sen-1-1011-978757", "citation": "Res. 00023-2020 Tribunal de Casación Contencioso Administrativo y Civil de Hacienda", "section": "nexus_decisions", "doc_type": "court_decision", "title_en": "Suspension of forestry regent for certifying non-existent agroforestry system", "title_es": "Suspensión de regente forestal por certificar sistema agroforestal inexistente", "summary_en": "The ruling of the Contentious-Administrative Cassation Court examines the legality of a three-month suspension imposed by the College of Agronomists on a forestry engineer and regent. The plaintiff had certified the existence of an agroforestry system on a property in Osa, Puntarenas, to authorize a logging plan for 25 trees. However, SINAC inspections found that no agroforestry system existed; 22 marked trees were not in an agroforestry zone, and 8 were located within the water protection zone of a spring, prohibited under Article 33 of the Forestry Law. The Court upholds the disciplinary sanction, rejecting the appellant's arguments regarding errors in evidentiary assessment, lack of proportionality, and the imposition of costs. It finds that the professional's conduct was contrary to law and public interest, and that the sanction was consistent with the proven infractions, including false certification and marking trees in a protection zone.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "30/01/2020", "year": "2020", "json_url": "/data/legal/docs/nexus-sen-1-1011-978757.json", "html_url": "/legal/doc/nexus-sen-1-1011-978757", "source_url": "https://nexuspj.poder-judicial.go.cr/document/sen-1-1011-978757" }, { "id": "norm-100001", "citation": "Resolución 21", "section": "norms", "doc_type": "resolution", "title_en": "General Management Plan for Nogal Private National Wildlife Refuge", "title_es": "Plan General de Manejo del Refugio Nacional de Vida Silvestre Privado Nogal", "summary_en": "This resolution approves the General Management Plan for the Nogal Private National Wildlife Refuge, a technical planning instrument guiding the protected area's management toward long-term conservation goals. It identifies seven focal management elements, including the Sucio River, the tropical rainforest, and threatened species such as the Great Green Macaw, monkeys, and wildcats. The plan establishes four management zones with permissible activities: strict protection, low intervention, medium intervention (ecotourism, environmental education), and high intervention (infrastructure). Forest harvesting and land-use change are prohibited in all zones. The plan was prepared by the refuge's owner, Chiquita Brands, and validated by SINAC and the National Council of Conservation Areas.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "04/07/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100001.json", "html_url": "/legal/doc/norm-100001", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100001&strTipM=TC&nValor3=0" }, { "id": "norm-100019", "citation": "Decreto 44100", "section": "norms", "doc_type": "executive_decree", "title_en": "Coastal Urban Zones Regulation", "title_es": "Reglamento de Zonas Urbanas Litorales", "summary_en": "This regulation implements the Framework Law for the Declaration of Coastal Urban Zones (Law No. 9221) and establishes the procedure for coastal municipalities to request the declaration of coastal urban zones. It sets out essential requirements, including a current coastal regulatory plan, favorable opinions from ICT and INVU, georeferenced boundary delimitation, and a strategic environmental impact assessment approved by SETENA. It governs the involvement of the Interinstitutional Commission for Coastal Urban Zones (CIZUL), including public notice, objections, technical reports, and the final executive decree issued by the Ministry of Governance and Police. It also organizes the operation of CIZUL, its Board of Directors, and the functions of its Executive Director, ensuring an orderly process for granting a special territorial use regime in already consolidated coastal urban areas while requiring exclusion of State Natural Heritage areas.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "_off-topic" ], "date": "24/05/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100019.json", "html_url": "/legal/doc/norm-100019", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100019&strTipM=TC&nValor3=0" }, { "id": "norm-100052", "citation": "Ley 10375", "section": "norms", "doc_type": "law", "title_en": "Amendment to Transitory Provision X of Law 8904 (Open-Pit Metallic Mining Ban)", "title_es": "Reforma del Transitorio X de la Ley 8904 (Minería Metálica a Cielo Abierto)", "summary_en": "This law, enacted by the Legislative Assembly, amends Transitory Provision X of Law 8904, which declared Costa Rica a country free of open-pit metallic mining. The amendment temporarily authorizes, from August 16, 2023, to February 10, 2025, the exploitation and processing of gold by mining workers duly associated with cooperatives that have filed concession applications for the mining reserve area of the Abangares canton. Requirements are established for the export of the material, including indicating the origin, type, quantity, weight, tariff heading, destination country, and estimated commercial value. It also orders the Directorate of Geology and Mines of MINAE to resolve all pending concession applications before the expiration of the deadline. The norm constitutes a temporary exception to the general ban on open-pit metallic mining, allowing artisanal or small-scale mining activities in a specific area under certain conditions.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "16/08/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100052.json", "html_url": "/legal/doc/norm-100052", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100052&strTipM=TC&nValor3=0" }, { "id": "norm-100084", "citation": "Directriz 002", "section": "norms", "doc_type": "directive", "title_en": "Ministerial Directive MAG-002-2023: Integrated management action plan for crop residues and animal waste", "title_es": "Directriz MAG-002-2023: Plan de acción para el manejo integrado de rastrojos y residuos vegetales y animales", "summary_en": "Ministerial Directive MAG-002-2023 establishes an action plan for the integrated management of crop residues and waste of plant or animal origin, aiming to control the proliferation of the stable fly (Stomoxys calcitrans). It designates the National Directorate of Agricultural Extension (DNEA), the State Phytosanitary Service (SFE), the National Animal Health Service (SENASA), and the National Institute for Innovation and Transfer in Agricultural Technology (INTA) as responsible entities. It creates regional technical teams for inter-institutional coordination and details the specific functions of each agency: training for producers, phytosanitary inspections, issuance of sanitary orders, and procedures for non-compliance, including administrative sanctions and potential criminal complaints. It also regulates the communication of actions and the use of official forms. It repeals Directive MAG-006-2018.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/07/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100084.json", "html_url": "/legal/doc/norm-100084", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100084&strTipM=TC&nValor3=0" }, { "id": "norm-100100", "citation": "Resolución 0018-1", "section": "norms", "doc_type": "resolution", "title_en": "Sanitary measures against screwworm in the Brunca Region", "title_es": "Medidas sanitarias contra el gusano barrenador en la Región Brunca", "summary_en": "This SENASA resolution establishes urgent sanitary measures to control the spread of the screwworm (Cochliomyia hominivorax), a disease eradicated since 2000 but re-detected in July 2023 in a canine in Corredores, Puntarenas, bordering Panama. Based on the General Law of SENASA (Law 8495), which incorporates the precautionary and risk analysis principles, the movement of susceptible animals (bovines, goats, sheep, equines, swine, canines, among others) is prohibited within the cantons of Corredores, Coto Brus, and Golfito, except between 06:00 and 18:00 hours. Transporters must pass through public force checkpoints to verify the absence of wounds and movement documentation. Producers are required to perform routine monitoring, immediately report any suspicion, facilitate treatments, and attend training sessions. SENASA will implement road controls, outreach activities, and coordinate with the Public Force to prevent smuggling. Non-compliance is sanctioned under the General Animal Health Law, without prejudice to criminal charges. The measure is valid for three months, extendable, and can be lifted early if the situation allows. It repeals the previous resolution SENASA-DG-R-0017-2023.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/08/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100100.json", "html_url": "/legal/doc/norm-100100", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100100&strTipM=TC&nValor3=0" }, { "id": "norm-100103", "citation": "Reglamento municipal 267", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Solid Waste Management Regulation of the Municipality of Matina", "title_es": "Reglamento de manejo de residuos sólidos de la Municipalidad de Matina", "summary_en": "This Regulation establishes the normative framework for the integrated solid waste management in the canton of Matina, in accordance with Law 8839. It defines the municipal competencies, which include ordinary and selective collection, transportation, treatment, and final disposal of ordinary waste. It sets the obligations of generators, such as source separation and delivery of recyclable materials under specific conditions, and the responsibilities of authorized waste handlers. It creates a Materials Recovery Facility and regulates the management of special, hazardous, and infectious waste. It provides for a quarterly fee system for services and a system of violations classified as minor, serious, and very serious, with sanctions ranging from fines to permit suspension. Minor violations include unauthorized extraction of recyclable materials or presenting waste outside of schedule; serious violations cover burning or abandoning waste in unauthorized sites; and very serious violations refer to the illicit management of hazardous waste. The Regulation also requires a waste management program for massive events and stipulates that funds collected from fines shall finance the Municipal Integrated Waste Management Plan.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "27/07/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100103.json", "html_url": "/legal/doc/norm-100103", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100103&strTipM=TC&nValor3=0" }, { "id": "norm-100106", "citation": "Directriz 001", "section": "norms", "doc_type": "directive", "title_en": "NTIG_CR01_06.2023 Geodetic Reference System of Costa Rica", "title_es": "NTIG_CR01_06.2023 Sistema de Referencia Geodésico de Costa Rica", "summary_en": "Directive DIG-001-2023 updates the Technical Standard for Geographic Information on the Geodetic Reference System of Costa Rica, replacing the 2016 version. It defines the National Dynamic Geodetic Framework and the National Geodetic System, establishing the official horizontal reference system CR-SIRGAS, linked to the ITRF and aligned with SIRGAS-CON. It details transformation parameters between the CR05 and CR-SIRGAS datums, including Bursa-Wolf, Molodensky, and Molodensky Badekas models. It maintains the official cartographic projection CRTM05 and registers the corresponding EPSG codes. The standard is mandatory for producers, managers, and users of georeferenced geographic information in the public and private sectors, ensuring interoperability and standardization within the SNIT framework.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/06/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100106.json", "html_url": "/legal/doc/norm-100106", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100106&strTipM=TC&nValor3=0" }, { "id": "norm-100126", "citation": "Decreto 02", "section": "norms", "doc_type": "regulation", "title_en": "Internal Regulations of the National Commission for Drowning Prevention and Response", "title_es": "Reglamento Interno de la Comisión Nacional para la Prevención y Atención de Ahogamientos", "summary_en": "This Internal Regulation establishes the organizational and operational rules of the National Commission for Drowning Prevention and Response, created by Law No. 9780. It defines the Commission's composition with members from public and private entities, details its functions for implementing lifeguard units on national beaches, and regulates aspects such as meeting frequency, quorum, decision-making, duties of the president and secretary, responsibilities of members, the formation of working subcommittees (Financing, Evaluation and Certification, and Project Management), and the procedure for approving minutes and review appeals. It also establishes that sessions are private and decisions are made by an absolute majority of those present, with a casting vote for the president in case of a tie. For unregulated matters, the General Public Administration Law on collegiate bodies applies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/05/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100126.json", "html_url": "/legal/doc/norm-100126", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100126&strTipM=TC&nValor3=0" }, { "id": "norm-100138", "citation": "Acuerdo 7", "section": "norms", "doc_type": "agreement", "title_en": "Conversion of Coordinates for Cocos Island National Park and the Bicentennial Marine Management Area", "title_es": "Conversión de coordenadas del Parque Nacional Isla del Coco y el Área Marina de Manejo del Bicentenario", "summary_en": "The National Council of Conservation Areas (CONAC) approved Agreement 7 in Ordinary Session N°18-2023, regarding the conversion of coordinates for Cocos Island National Park and the Bicentennial Marine Management Area. The agreement receives and approves the official communication from the National Geographic Institute DIG-GED-0045-2023, which converts the coordinates originally published in La Gaceta N°89 of May 16, 2022, from sexagesimal degrees format to decimal degrees and minutes. An exception is made for vessels that are on a fishing trip at the time of publication: they must comply with the new coordinates starting from their next fishing trip. The agreement includes the tables with the converted coordinates for both protected marine areas. This measure aims to facilitate navigation and proper delimitation of the protected zones, aligning with the cartographic standards of the National Geographic Institute.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/08/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100138.json", "html_url": "/legal/doc/norm-100138", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100138&strTipM=TC&nValor3=0" }, { "id": "norm-100156", "citation": "Decreto 44184", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of public utility of the Asociación Movimiento Tiribí Limpio", "title_es": "Declaratoria de utilidad pública de la Asociación Movimiento Tiribí Limpio", "summary_en": "Executive Decree No. 44184-MJP declares the Asociación Movimiento Tiribí Limpio to be of public utility for the interests of the State. This non-profit organization focuses on cleaning and restoring the Tiribí River basin, primarily in the La Unión canton, as well as environmental education, promotion of the Blue Flag Ecological Program, and proper waste disposal. The declaration is based on Article 32 of the Associations Law, which empowers the Executive Branch to grant this recognition when an association's purposes address a primary social need. As a result, the association receives certain tax benefits: its income and assets used exclusively for public purposes, environmental protection, or charity are exempt from income tax, provided they are not distributed among its members. The decree also requires the association to submit an annual management report to the Ministry of Justice and Peace and subjects it to oversight by the Tax Administration. The decree takes effect upon publication, and the association must formalize the corresponding testimony for registration.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/07/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100156.json", "html_url": "/legal/doc/norm-100156", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100156&strTipM=TC&nValor3=0" }, { "id": "norm-100164", "citation": "Decreto 44139", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for Bahía Drake, Osa", "title_es": "Declaratoria de zona catastrada en Bahía Drake, Osa", "summary_en": "This executive decree declares the district of Bahía Drake, in the canton of Osa, province of Puntarenas, as a cadastral zone. The declaration follows the completion of the cadastral survey in that area, conducted under the National Cadastre and Registry Regularization Program. A public exhibition of results took place from November 15 to 22, 2021, and any claims by property owners were resolved. The declaration formalizes the definitive cadastral data and grants the legal effects and technical specifications already established in Executive Decree 36830-JP. This administrative act is based on the National Cadastre Law and its regulations, and aims to align cadastral and registry information to provide legal certainty for properties in the area.", "primary_topic_id": null, "topic_ids": [], "date": "07/06/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100164.json", "html_url": "/legal/doc/norm-100164", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100164&strTipM=TC&nValor3=0" }, { "id": "norm-100172", "citation": "Decreto 44140", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for Piedras Blancas district, Osa", "title_es": "Declaratoria de zona catastrada del distrito Piedras Blancas, Osa", "summary_en": "This executive decree declares cadastral zone the district 05 Piedras Blancas, of the canton of Osa, in the province of Puntarenas, in accordance with the National Cadastre Law No. 6545. The declaration is the final act of a cadastral survey process carried out by the Cadastre and Registry Regularization Program, funded by the IDB. During the process, a public exhibition of results was held from November 15 to 22, 2021, where property owners could express their agreement or disagreement. Complaints were resolved by the Directorate of the Real Estate Registry, and the cadastral data became final by resolution of September 15, 2022. The decree provides legal certainty to the cadastral data of the district and formally integrates them into the Real Estate Registry, applying the legal effects and technical specifications of Executive Decree No. 36830-JP.", "primary_topic_id": null, "topic_ids": [], "date": "07/06/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100172.json", "html_url": "/legal/doc/norm-100172", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100172&strTipM=TC&nValor3=0" }, { "id": "norm-100173", "citation": "Decreto 44141", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for District 04 Roxana, Canton 02 Pococí, Limón Province", "title_es": "Declaratoria de Zona Catastrada del Distrito 04 Roxana, Cantón 02 Pococí, Provincia de Limón", "summary_en": "This executive decree declares District 04 Roxana, Canton 02 Pococí, in Limón Province as a cadastral zone. It is based on the completion of the cadastral survey conducted under the Cadastre and Registry Regularization Program, funded by IDB loan 1284/OC-CR. The decree formalizes the conclusion of the process of measuring and reconciling cadastral and registry information for properties in this district, following a public exhibition of results and resolution of claims. With this declaration, the cadastral maps and data acquire legal certainty and are officially integrated into the National Cadastre administered by the Real Estate Registry. The decree does not amend any substantive environmental regulations; its purpose is purely cadastral and registral, aimed at updating and harmonizing property information in that geographic area. It does not establish regulations on land use, natural resource protection, or environmental impact assessment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/06/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100173.json", "html_url": "/legal/doc/norm-100173", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100173&strTipM=TC&nValor3=0" }, { "id": "norm-1002", "citation": "Decreto 16852", "section": "norms", "doc_type": "executive_decree", "title_en": "Mangrove Use Regulation", "title_es": "Regulación de Aprovechamiento en Manglares", "summary_en": "This decree amends Decree No. 7210, which declared mangrove areas as forest reserves, and Decree No. 2923, the Forestry Law Regulation, to establish a comprehensive regime for protection and controlled use of mangroves. It reaffirms that all continental and insular mangroves are forest reserves, even where mangroves have been removed. The Forestry Directorate manages the reserve, issuing permits and concessions; marine resources are handled by the Fisheries Directorate. It indefinitely prohibits concessions in three specific areas (Estero Punta Morales, Estero Pochote, and a zone between Parrita and Quepos), but the Directorate may extend these. Land-use change is not allowed, except for salt ponds, aquaculture (up to 0.5 ha for channels), and social-interest projects. Bark extraction is annual and selective. Concession holders on state land pay an annual fee of ₡2,000 per hectare. Commercial extraction of poles, firewood, and charcoal is banned unless under integral management. Finally, it updates Articles 80–84 of the forestry regulation regarding maximum areas and rights for mangrove, heart-of-palm, and charcoal exploitation.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "23/01/1986", "year": "1986", "json_url": "/data/legal/docs/norm-1002.json", "html_url": "/legal/doc/norm-1002", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=1002&strTipM=TC&nValor3=0" }, { "id": "norm-100262", "citation": "Reglamento municipal 35", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation on Use and Maintenance of Municipal Parks and Public Spaces of Goicoechea", "title_es": "Reglamento de Regulación del Uso y Mantenimiento de Parques y Espacios Públicos de Goicoechea", "summary_en": "This regulation from the Municipality of Goicoechea establishes the rules for the use, care, protection, and maintenance of parks, green areas, promenades, river protection zones, and other public spaces in the canton. It defines the rights and duties of citizens, as well as the obligations of the Municipality in the conservation of flora, fauna, and urban furniture. It regulates permitted and prohibited activities, including public events, temporary for-profit activities, and the installation of sales stands, requiring prior authorization from the Mayor's office and the signing of an agreement. It contains specific provisions on flora protection (prohibiting cutting, pruning, or damaging trees without permission), fauna protection (prohibiting hunting, mistreatment, or feeding of wildlife), visual pollution, and restrictions on the use of urban furniture. It promotes planting of native tree species and landscape conservation. It establishes infractions and sanctions, including the obligation to repair damages caused, without prejudice to civil or criminal liability, and empowers the Public Force and Municipal Police to report conduct contrary to the regulation.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "landscape-protection" ], "date": "28/08/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100262.json", "html_url": "/legal/doc/norm-100262", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100262&strTipM=TC&nValor3=0" }, { "id": "norm-100287", "citation": "Decreto 4268", "section": "norms", "doc_type": "regulation", "title_en": "ESPH Hydrological Environmental Service Payment Regulation", "title_es": "Reglamento de Pago por Servicio Ambiental Hídrico de la ESPH", "summary_en": "This regulation, issued by the Empresa de Servicios Públicos de Heredia S.A. (ESPH), establishes the procedures, requirements, and guidelines for payments for hydrological environmental services (PSAH) in aquifer recharge areas supplying its aqueduct. It defines five priority zones (from micro-watersheds of captured sources to the Braulio Carrillo National Park extension) and four project modalities: forest conservation, natural regeneration, reforestation, and established plantations. It details per-hectare payments by zone and modality, contract terms (5 years for conservation/plantations, 10 for reforestation/regeneration), and documentary requirements to apply for PSAH. It also regulates the obligations of beneficiaries, ESPH, and the forest manager, as well as follow-up and monitoring of management plans. Annexes include model management plans, contracts, and approval resolutions. It expressly repeals the previous 2021 regulation.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "07/08/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100287.json", "html_url": "/legal/doc/norm-100287", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100287&strTipM=TC&nValor3=0" }, { "id": "norm-100321", "citation": "Reglamento municipal 266", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Zoning Regulation of the Regulatory Plan of La Unión Canton", "title_es": "Reglamento de Zonificación del Plan Regulador del Cantón de La Unión", "summary_en": "This municipal regulation, adopted in September 2023, establishes zoning and land-use norms for the entire territory of La Unión canton, as an integral part of its Regulatory Plan. It defines a wide range of zones (historical-heritage, commercial, residential of varying densities, mixed-use, institutional, urban renewal, green recreation, forest protection, agroforestry, buffer, and road) accompanied by detailed rules on minimum lot sizes, setbacks, heights, maximum coverage, and green area percentages. The underlying policy pursues sustainable development, protecting aquifer recharge zones, forests, and the water network, while promoting reforestation, wastewater treatment, and waste management. It creates the Directorate of Urban Development and Control (DIDECU) as the oversight body and provides for tax incentives for environmental conservation, alignment procedures regarding rivers and springs, and the obligation of hydrogeological studies when sensitive areas are intervened. The Urban Planning Law, the Construction Law, and the National Subdivision and Urbanization Regulation apply supplementarily.", "primary_topic_id": null, "topic_ids": [ "water-law", "forestry-law-7575", "subdivision-fraccionamiento" ], "date": "07/09/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100321.json", "html_url": "/legal/doc/norm-100321", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100321&strTipM=TC&nValor3=0" }, { "id": "norm-100324", "citation": "Reglamento municipal 0 (Municipalidad de La Unión, 27/09/2023)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Official Map Regulation of the Municipality of La Unión", "title_es": "Reglamento del Mapa Oficial de la Municipalidad de La Unión", "summary_en": "This municipal regulation establishes the Official Map for the canton of La Unión, pursuant to Urban Planning Law No. 4240. It defines lands dedicated to public services (roads, parks, squares, community buildings) and preventive reserves for future public uses, derived from the Regulatory Plan and its Zoning Regulation. The Official Map serves as a reliable record of municipal and institutional property affected to public domain. It details procedures for annotating these properties in the Public Registry, acquiring new lands, and restrictions on private property over reserves: they cannot be subdivided or improved to increase future expropriation costs. It also regulates road setbacks, land grants, and their integration into public domain, and requires the Municipality to include Map objectives in its operational and strategic plans. It includes an extensive property inventory (organized by district) with lots, cadastral plans, areas, owners, and current uses (parks, schools, water tanks, river protection zones, etc.), which constitute the canton's official registry.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/09/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100324.json", "html_url": "/legal/doc/norm-100324", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100324&strTipM=TC&nValor3=0" }, { "id": "norm-100325", "citation": "Reglamento municipal 127-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Sustainable Development Regulation of the Municipality of La Unión", "title_es": "Reglamento de Desarrollo Sostenible de la Municipalidad de La Unión", "summary_en": "This municipal regulation establishes the regulatory framework to integrate the environmental variable into the territorial planning of the canton of La Unión. It defines principles, instruments, and actions to ensure the preservation, protection, restoration, and rehabilitation of the environment. It regulates environmental control and oversight through inspections, complaints, and penalties. It includes chapters on air, noise, water, soil, and visual pollution; conservation of flora and fauna; green areas; sustainable urban mobility; sustainable construction; and zones of municipal interest. It establishes urgent protective measures, obligations for developers, and coordination with institutions such as SETENA. It repeals any conflicting municipal provisions and takes effect together with the canton's Regulatory Plan.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "02/12/2021", "year": "2021", "json_url": "/data/legal/docs/norm-100325.json", "html_url": "/legal/doc/norm-100325", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100325&strTipM=TC&nValor3=0" }, { "id": "norm-100327", "citation": "Decreto 44201", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Environmental Benefit Procedure for Organic Production", "title_es": "Reforma al Procedimiento de Beneficio Ambiental para Producción Orgánica", "summary_en": "This executive decree amends the Regulation to Law No. 8591 (Law for the Development, Promotion, and Fostering of Organic Agricultural Activity) by modifying the procedure for recognizing the environmental benefit. The reform replaces Article 34 of the original regulation, establishing that recognition shall be granted via administrative resolution for a maximum of three years, eliminating the need for a formal agreement. The base amount per year per producer is determined by the Department of Organic Production (DPO) and approved by the National Director of Agricultural Extension, subject to annual review. Funds come from those stipulated in Article 5 of Law No. 8114, as modified by Law No. 8591. This amendment aims to streamline processes and reduce costs for both the administration and the public, in accordance with the Law for the Protection of Citizens from Excessive Administrative Requirements and Procedures.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100327.json", "html_url": "/legal/doc/norm-100327", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100327&strTipM=TC&nValor3=0" }, { "id": "norm-100332", "citation": "Decreto 44213", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to RTCR 509:2022 on registration of synthetic pesticides and related substances", "title_es": "Reforma RTCR 509:2022 sobre registro de plaguicidas sintéticos y afines", "summary_en": "Executive Decree No. 44213-MAG-S-MINAE amends Technical Regulation RTCR 509:2022 on the registration of formulated synthetic pesticides, technical-grade active ingredients, adjuvants, physical vehicles, and related agricultural substances. It introduces additions and reforms to streamline the process of recognition (homologación) with OECD member countries and those adhering to the Mutual Acceptance of Data system, allowing registrants to submit the same studies that supported the registration in the country of origin. Provisions are added to justify the non-submission of toxicological or ecotoxicological studies for adjuvants based on technical criteria, and the evaluations by the Ministry of Health (MINSA) and the Ministry of Environment and Energy (MINAE) for registration modifications are clarified. Application forms and requirements for toxicological, ecotoxicological, and environmental fate studies are also adjusted, as well as the sworn declarations for recognition. The reform enhances regulatory coherence, transparency, and efficiency in pesticide registration.", "primary_topic_id": null, "topic_ids": [], "date": "05/06/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100332.json", "html_url": "/legal/doc/norm-100332", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100332&strTipM=TC&nValor3=0" }, { "id": "norm-100339", "citation": "Directriz 0031", "section": "norms", "doc_type": "directive", "title_en": "Repeals the Internal Biosafety Commission (CIBio)", "title_es": "Deroga la Comisión Interna de Bioseguridad (CIBio)", "summary_en": "This directive from the National Animal Health Service (SENASA) repeals Directive SENASA-DG-D007-2012, which had created the Internal Biosafety Commission (CIBio). The repeal is based on the fact that, after the amendment of the Regulations to the Phytosanitary Protection Law by Executive Decree No. 44020 of 2023, the functions of the National Technical Commission on Biosafety were expanded to advise SENASA on genetically modified organisms of animal origin and other biotechnological applications, making the existence of CIBio redundant. This simplifies the institutional structure and avoids duplication of functions in the risk assessment of GMOs under SENASA's jurisdiction.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/09/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100339.json", "html_url": "/legal/doc/norm-100339", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100339&strTipM=TC&nValor3=0" }, { "id": "norm-100355", "citation": "Reglamento municipal 23", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for collecting the tax under Article 38 of the Mining Code in Golfito", "title_es": "Reglamento para el cobro del impuesto del artículo 38 del Código de Minería en Golfito", "summary_en": "This municipal regulation establishes the procedure and rules for collecting the tax created by Article 38 of the Mining Code, applicable to the exploitation of quarries, pits, and public waterways in the canton of Golfito. It defines taxpayers, the taxable base (market value of extracted material), and the obligation to file monthly sworn declarations. It sets tax rates: 30% of the sales tax paid on cubic meters sold, or fixed amounts per cubic meter (¢40 for quarries, ¢100 for waterways) adjustable for inflation when the material is not sold but used for the concessionaire's own industrial purposes. It also regulates ex officio assessments for omissions, payment deadlines, default interest, extensions, supervision, and sanctions, including treating non-payment as tax fraud. It further establishes a preferred legal mortgage on debtors' properties.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/08/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100355.json", "html_url": "/legal/doc/norm-100355", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100355&strTipM=TC&nValor3=0" }, { "id": "norm-100370", "citation": "Acuerdo 009", "section": "norms", "doc_type": "agreement", "title_en": "Official Notice No. 009-2023 — Demarcation of the public zone of estuary-mangrove in the central sector of Quepos", "title_es": "Aviso Nº 009-2023 — Delimitación de la zona pública de estero-manglar en el sector central de Quepos", "summary_en": "The National Geographic Institute (IGN) and the Central Pacific Conservation Area (ACOPAC) of SINAC digitally demarcated the public zone of the Maritime Terrestrial Zone corresponding to estuary-mangrove ecosystems in sectors 'Los Alfaro', 'Junta Naranjo', and 'Cementerio' of district 1 Quepos, canton 6 Quepos, province of Puntarenas. This demarcation was carried out in compliance with a Constitutional Chamber order (Resolution No. 2021002741) and is based on Article 11 of Law No. 6043, which declares all continental and insular mangroves as public zone, as well as the Forestry Law and Executive Decree No. 36786-MINAET for classification of State Natural Heritage lands. The publication formalizes the polygon coordinates in the CRTM05 system and updates the IGN's geo-referenced digital database. The demarcation does not affect previously officialized landmarks in the area.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "19/09/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100370.json", "html_url": "/legal/doc/norm-100370", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100370&strTipM=TC&nValor3=0" }, { "id": "norm-100386", "citation": "Acuerdo 190", "section": "norms", "doc_type": "agreement", "title_en": "Suspension of Articles 4 and 5 of AJDIP/280-2014 on Live Bait in the Pacific", "title_es": "Suspensión artículos 4 y 5 Acuerdo AJDIP/280-2014 sobre carnada viva en Pacífico", "summary_en": "Agreement AJDIP/190-2023 of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) temporarily suspends the application of Articles 4 (subsections a, b, c) and 5 of Agreement AJDIP/280-2014, which established management measures for the use of live bait by the commercial and sport fishing fleets in the Costa Rican Pacific. The suspension responds to observations received regarding the application of the original agreement, particularly in surveillance operations by the National Coast Guard Service in the Gulf of Nicoya, which generated uncertainty about the scope and implications of the norm for small-scale vessels. The Board of Directors refers the original agreement to the Research Department for a technical analysis to clarify the confusing points, and will adopt the corresponding measures once the report is received. The agreement is final from its adoption on August 15, 2023 and was subsequently repealed by agreement AJDIP/252-2023.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/08/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100386.json", "html_url": "/legal/doc/norm-100386", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100386&strTipM=TC&nValor3=0" }, { "id": "norm-100388", "citation": "Reglamento municipal 260", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Tariff Regulation for Integrated Solid Waste Management of the Canton of Orotina", "title_es": "Reglamento tarifario para la gestión integral de residuos sólidos del cantón de Orotina", "summary_en": "This municipal regulation establishes the framework for organizing and charging fees for the integrated solid waste management service in the canton of Orotina. It defines ratepayers, tariff categories based on commercial activity type and waste generation, and mechanisms for inclusion, exclusion, and complaints. The Municipality of Orotina bases its authority on Law 8839 (Integrated Waste Management), the Municipal Code, and Article 50 of the Constitution. The regulation details a tariff model that includes operational costs, a 10% surcharge for risk management, and an additional 10% for investment, with periodic updates. It also addresses situations such as multiple activities on one property, license suspension, and properties with active construction permits, all in compliance with Article 83 of the Municipal Code.", "primary_topic_id": null, "topic_ids": [], "date": "11/07/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100388.json", "html_url": "/legal/doc/norm-100388", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100388&strTipM=TC&nValor3=0" }, { "id": "norm-100403", "citation": "Resolución 0019", "section": "norms", "doc_type": "resolution", "title_en": "Investment Information Requirements for Water Sector Service Providers", "title_es": "Requerimientos de información de inversiones para prestadores del sector agua", "summary_en": "Resolution RE-0019-IA-2023 of the Water Intendency of ARESEP establishes, standardizes, and simplifies the technical information requirements that water sector public service providers (AyA, ESPH, and SENARA) must submit regarding investments, according to the planning and execution stages. It details the mandatory forms (ingresadores IIA-001 to IIA-007), their content, frequency, and submission deadlines for both tariff studies and semiannual monitoring. It establishes that compliance with these requirements is a condition for the admissibility of tariff requests. It repeals previous resolutions (RE-0016-IA-2021 and RE-0023-IA-2021) and provides that any modification to the formats must be processed by the Intendency. The resolution is based on ARESEP's oversight and rate-setting powers under Law 7593.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "28/09/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100403.json", "html_url": "/legal/doc/norm-100403", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100403&strTipM=TC&nValor3=0" }, { "id": "norm-100404", "citation": "Reglamento municipal 89", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Talamanca Coastal Regulatory Plan - Cahuita District", "title_es": "Plan Regulador Costero Talamanca - Distrito Cahuita", "summary_en": "The Cahuita Coastal Regulatory Plan Zoning Regulation establishes use, density, height, coverage, and setback standards for thirteen zones within the Maritime Zone between Cahuita and Manzanillo. It resulted from a participatory process with Afro-descendant communities and received approval from ICT, INVU, and SETENA (Environmental Viability 025-23). It defines community (CAN, CAR, EPC), tourism (MIX, TAP-BD), fishing (CBP), protection (PA), and road (OAV) zones, with densities up to 50 rooms/ha and heights up to 14 m. The plan mandates climate change adaptation measures (green infrastructure, bioclimatic strategies) and waste management. It recognizes the Afro-Costa Rican population as a tribal people, incorporating cultural elements into architectural conservation and allowing cultural projects in the public zone. Annexes include protocols on Law 9242, waste, wastewater, and water supply.", "primary_topic_id": null, "topic_ids": [], "date": "26/09/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100404.json", "html_url": "/legal/doc/norm-100404", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100404&strTipM=TC&nValor3=0" }, { "id": "norm-100405", "citation": "Reglamento municipal 89-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Talamanca Coastal Regulatory Plan — Cahuita District — Fee Regulation", "title_es": "Reglamento para el cobro del canon del Plan Regulador Costero Talamanca-Distrito Cahuita", "summary_en": "This municipal regulation establishes the fee framework for concessions within the Cahuita District’s Public Maritime Zone as an integral part of the Talamanca Coastal Regulatory Plan. It sets rates by use: residential at 0.40%, commercial and lodging at 0.75% of the appraisal value; and a reduced rate of 0.25% for low-income local residents whose concession is exclusively for housing. Fees are collected quarterly, with interest and penalties applied for late payments according to municipal rules and the Maritime Zone Law. Adopted by the Municipal Council through Agreement No. 2 on September 26, 2023, it received approvals from SETENA (environmental variable), the Costa Rican Tourism Institute, and the Housing and Urban Planning Institute. The regulation aims to balance private investment attractiveness with the strength of municipal finances.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "26/09/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100405.json", "html_url": "/legal/doc/norm-100405", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100405&strTipM=TC&nValor3=0" }, { "id": "norm-100423", "citation": "Reglamento 0 (Compañía Nacional de Fuerza y Luz S.A., 10/10/2023)", "section": "norms", "doc_type": "regulation", "title_en": "Temporary Regulation for Distributed Energy Resources for Self-Consumption at CNFL", "title_es": "Reglamento temporal para la atención de los recursos energéticos distribuidos para autoconsumo en la CNFL", "summary_en": "This temporary regulation establishes the requirements, procedures, and technical conditions for the interconnection of distributed energy resources (DER) based on renewable sources for self-consumption, both with and without delivery of surplus energy to the grid, within the distribution network of the Compañía Nacional de Fuerza y Luz (CNFL). It is issued in the absence of all regulatory instruments that ARESEP must issue pursuant to Law No. 10086 and its Executive Decree No. 43879-MINAE, in order not to hinder the development of distributed generation. It defines the responsibilities of CNFL and DER owners (PDER), the stages of application, inspection, contract signing, and meter installation, as well as tariff-related aspects and circuit penetration capacity. It includes the obligation to obtain environmental feasibility from SETENA for systems greater than 500 kVA. The provisions will be adjusted as ARESEP publishes definitive regulation.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "10/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100423.json", "html_url": "/legal/doc/norm-100423", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100423&strTipM=TC&nValor3=0" }, { "id": "norm-100430", "citation": "Decreto 44220", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Drinking Water Quality Regulation", "title_es": "Reforma al Reglamento para la Calidad del Agua Potable", "summary_en": "Executive Decree 44220-S, issued in February 2023, amends the Drinking Water Quality Regulation (Decree 38924-S of 2015). It updates the water quality parameter tables in Annexes 1, 2 and 3, establishing new alert and maximum allowable values for free and combined residual chlorine, turbidity, odor, pH and temperature, among others. It adjusts minimum sampling frequencies for sources, tanks and distribution networks according to the population served, and allows operators with a good track record to reduce the number of samples by up to 50%. The amendment is justified by the need to address emergency situations such as the COVID-19 pandemic, guarantee safe water for the population and adapt standards to updated technical criteria. It expressly repeals a previous reform (Decree 42332-S of 2020) and comes into effect upon publication in the Official Gazette.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "09/02/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100430.json", "html_url": "/legal/doc/norm-100430", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100430&strTipM=TC&nValor3=0" }, { "id": "norm-10044", "citation": "Ley 139", "section": "norms", "doc_type": "law", "title_en": "Possessory Information Law", "title_es": "Ley de Informaciones Posesorias", "summary_en": "The Possessory Information Law establishes a judicial procedure enabling possessors of real estate without a registered title to obtain registration of their property in the Public Registry, by demonstrating public, peaceful, and continuous possession for more than ten years, as per the Civil Code. The petition must meet detailed formal requirements, including a cadastral map and registry certifications. The judge summons neighbors, co-owners, the Attorney General's Office, and where applicable, the Rural Development Institute (Inder), and orders publication of a notice. Possession is proven by three local witnesses and, for rural properties exceeding 30 hectares, an on-site inspection. If no justified opposition arises, the judge approves the information and orders registration. The law caps titles at 300 hectares and consolidates ownership three years after registration, barring absolute nullity. Environmental provisions prohibit titling in protected wild areas without proof of possession predating the area's creation, and mandate forest protection and legal reserves.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "14/07/1941", "year": "1941", "json_url": "/data/legal/docs/norm-10044.json", "html_url": "/legal/doc/norm-10044", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=10044&strTipM=TC&nValor3=0" }, { "id": "norm-100450", "citation": "Reglamento municipal 162", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Integral Management of Solid Waste of the Canton of Tilarán", "title_es": "Reglamento para la gestión integral de residuos sólidos del Cantón de Tilarán", "summary_en": "This municipal regulation sets forth the rules and procedures for source separation, collection, awareness-raising, classification, valorization, and final disposal of ordinary solid waste generated in the canton of Tilarán. It defines the responsibilities of the Municipality—through the Environmental Management Unit—and the duties of waste generators, including mandatory separation of recoverable and non-recoverable waste, a ban on dumping waste in unauthorized sites, and separate handling of hazardous and special waste. It regulates collection frequencies, waste storage and presentation conditions, differentiated tariffs based on user categories and costs, and penalties for minor, serious, and very serious administrative infractions under Law 8839. It also promotes citizen participation, environmental education, and the contracting of authorized waste managers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/06/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100450.json", "html_url": "/legal/doc/norm-100450", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100450&strTipM=TC&nValor3=0" }, { "id": "norm-100487", "citation": "Reglamento municipal 166-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Reform to Nicoya's Coastal Zone Use Permit Regulation", "title_es": "Reforma al Reglamento de Permisos de Uso en Zona Marítimo Terrestre de Nicoya", "summary_en": "This reform modifies Article 22 of the Regulation for the Granting of Use Permits in the Maritime-Terrestrial Zone of the Canton of Nicoya, removing the requirement to submit a request for verification of state natural heritage status as part of the documentation needed to process use permits in the maritime-terrestrial zone. The Municipality of Nicoya, through a Municipal Council agreement, considered that such verification constitutes a check that should be carried out by the municipal administration itself, rather than a requirement imposed on the applicant. The reform underwent a non-binding public consultation and, after receiving no observations, was definitively approved and entered into force upon its publication in the official gazette La Gaceta. This modification aims to simplify the procedure for applicants by shifting the burden of verifying the property's status regarding the State Natural Heritage to the municipality, within the framework of its jurisdiction over the maritime-terrestrial zone.", "primary_topic_id": "_off-topic", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "04/07/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100487.json", "html_url": "/legal/doc/norm-100487", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100487&strTipM=TC&nValor3=0" }, { "id": "norm-100501", "citation": "Resolución 0098", "section": "norms", "doc_type": "resolution", "title_en": "Tariff methodology for the protection of the water resource (MTPRH)", "title_es": "Metodología tarifaria para la protección del recurso hídrico (MTPRH)", "summary_en": "Through Resolution RE-0098-JD-2023, the Board of Directors of the Public Services Regulatory Authority (Aresep) approved the modification of the Tariff Methodology for the Protection of the Water Resource (MTPRH), originally established in 2018. The reform aims to optimize the mechanism that allows water service providers —such as AyA, ESPH, and ASADAS— to include a tariff component to finance projects for the protection and conservation of water sources. The revised methodology introduces technical improvements: it adjusts nomenclature, updates reference guides, reinforces the need for separate regulatory accounting for these projects, reorganizes the calculation of total revenues, details the process for settling prior periods, and clarifies the cost structure (wages, services, depreciation, materials, supplies, and other expenses). The instrument covers operating, administrative, and commercial costs, as well as resources for financing investments and debt service, within a five-year planning horizon with annual tariff reviews. The methodology was subjected to a public hearing and incorporates adjustments derived from the analysis of the positions submitted. The Board of Directors deviated from a recommendation to submit a specific change to a new hearing, considering it a correctable material error.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "04/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100501.json", "html_url": "/legal/doc/norm-100501", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100501&strTipM=TC&nValor3=0" }, { "id": "norm-100503", "citation": "Ley 10391", "section": "norms", "doc_type": "law", "title_en": "Amendment Tax Exemption Wastewater Treatment Systems", "title_es": "Reforma Exoneración Tributos Sistemas Tratamiento Aguas Residuales", "summary_en": "This law amends Article 3 of Law 8932, extending the exemption from the selective consumption tax, the one percent tax under Law 6946, and the ad valorem tax to the acquisition of wastewater treatment systems and their components, as well as materials and supplies directly incorporated in their construction, when undertaken by Costa Rican public sector institutions and bodies, foundations, and non-profit associations. Its purpose is to help mitigate water resource pollution and improve water quality by facilitating the installation of such systems nationwide. The immediate loss of the benefit is triggered if the exempted goods are used for purposes other than those stipulated. The amendment took effect upon publication in the official gazette La Gaceta on October 11, 2023.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "11/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100503.json", "html_url": "/legal/doc/norm-100503", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100503&strTipM=TC&nValor3=0" }, { "id": "norm-100563", "citation": "Resolución 0298", "section": "norms", "doc_type": "resolution", "title_en": "Regulation for the right and use of a Costa Rican environmental label (EACR)", "title_es": "Reglamento para el derecho y uso de una etiqueta ambiental de Costa Rica (EACR)", "summary_en": "This ministerial resolution formalizes Costa Rica's environmental labeling program, administered by the Ministry of Environment and Energy (MINAE) through the Directorate of Environmental Quality Management (DIGECA). The regulation establishes the process for organizations to apply for the right to use Type I and Type III environmental labels, based on technical standards or product category rules from the National Quality System. It details requirements, obligations of license holders, usage restrictions for the logo, grounds for revocation, and oversight procedures. The right of use is valid for four years with annual reviews. It promotes sustainable production and consumption by distinguishing products and services with lower environmental impacts throughout their life cycle. The resolution repeals the previous labeling regulation (R-0274-2019-MINAE) and aligns with the National Policy on Sustainable Production and Consumption and international commitments such as the SDGs and the OECD.", "primary_topic_id": null, "topic_ids": [], "date": "25/09/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100563.json", "html_url": "/legal/doc/norm-100563", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100563&strTipM=TC&nValor3=0" }, { "id": "norm-100591", "citation": "Resolución 0583", "section": "norms", "doc_type": "resolution", "title_en": "Amendment to Entry Visa Guidelines for Hondurans", "title_es": "Reforma a Directrices de Visas de Ingreso para Hondureños", "summary_en": "Costa Rica's General Directorate of Migration and Foreigners, through resolution DJUR-0583-10-2023-JM, amends the General Guidelines for Entry and Stay Visas for Non-Residents, originally issued by circular DG-0030-10-2023-AJ. The amendment stems from a bilateral agreement between Costa Rica and Honduras, which established reciprocal exemption from consular visas for nationals of both countries traveling with ordinary passports. Consequently, Honduras is removed from the third group (which required a consular visa) and placed in the second group, allowing visa-free entry with a maximum stay of thirty calendar days, extendable up to ninety. Entry requires a police clearance certificate without apostille, except for those in air transit. International cargo transport personnel are exempt from the visa and may process the Multiple Permit for Carriers. The resolution takes effect upon publication in the Official Gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100591.json", "html_url": "/legal/doc/norm-100591", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100591&strTipM=TC&nValor3=0" }, { "id": "norm-100593", "citation": "Acuerdo 252", "section": "norms", "doc_type": "agreement", "title_en": "Amendment to Management Measures for Live Bait Use in the Pacific", "title_es": "Reforma a medidas de ordenamiento para uso de carnada viva en el Pacífico", "summary_en": "This agreement amends Articles 4 and 5 of Agreement AJDIP/280-2014 to clarify restrictions on fishing and storage of live bait in the Costa Rican Pacific Ocean. It exempts the tourism and small-scale fishing fleet, as well as sport fishing, from the prohibition, allowing them to use live bait even inside the Dulce, Nicoya, and Papagayo gulfs, provided they do not use surface longlines. Additionally, it prohibits the use of surface longlines with live bait within an area up to 30 nautical miles from the coast for all commercial fleets, to prevent targeted sailfish capture. Medium and advanced-scale fleets may capture bait within that zone, but only for transport and use in operations beyond 30 miles. The agreement aims to correct drafting errors that harmed artisanal fishers and ensure equitable and sustainable access to resources, in compliance with Article 50 of the Constitution and principles such as precaution and sustainable development.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100593.json", "html_url": "/legal/doc/norm-100593", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100593&strTipM=TC&nValor3=0" }, { "id": "norm-100595", "citation": "Decreto 44046", "section": "norms", "doc_type": "executive_decree", "title_en": "Public-interest declaration for neighborhood public docks in Puntarenas", "title_es": "Declaratoria de interés público de embarcaderos públicos vecinales en Puntarenas", "summary_en": "Executive Decree N° 44046-MOPT, issued by the President of Costa Rica and the Minister of Public Works and Transport, declares the construction of neighborhood public docks in nine coastal zones of the Puntarenas Province to be of public interest: Chira Island, Venado Island, Caballo Island, La Pitahaya in the Puntarenas Estuary, Tortuga Island, San Lucas Island, La Penca/Mangal, Pavones, and Zancudo. The measure is based on the need to provide minor port infrastructure that guarantees safe and adequate conditions for the embarkation and disembarkation of people and goods, protecting the life and physical integrity of the inhabitants of these communities who depend on maritime transport. It invokes Law No. 3155, which grants the MOPT authority over ports and inland navigation routes. The declaration empowers the Central Public Administration and state enterprises to provide cooperation, and urges private companies to collaborate, all within the legal framework. The decree does not establish environmental exemptions or modify environmental impact assessment procedures; it is limited to politically prioritizing the construction of these works for security and public order reasons, without displacing the application of current environmental regulations that may be required depending on the location and characteristics of the projects.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/05/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100595.json", "html_url": "/legal/doc/norm-100595", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100595&strTipM=TC&nValor3=0" }, { "id": "norm-100630", "citation": "Ley 10379", "section": "norms", "doc_type": "law", "title_en": "Virtual sessions for collegiate bodies", "title_es": "Sesiones virtuales en órganos colegiados", "summary_en": "This law amends the General Public Administration Law (6227) to authorize and regulate virtual sessions for collegiate bodies of the public administration. It amends Article 50 to require audio and video recording of sessions and the drafting of minutes that literally transcribe all interventions, guaranteeing publicity and citizen access. A new subsection is added to Article 52, allowing both ordinary and extraordinary sessions to be held virtually using telematic systems that ensure comprehensive, simultaneous, and uninterrupted communication of video, audio, and data, as well as the identity of attendees, the authenticity of the collegiate will, and the integrity of proceedings. When sessions are public, publicity must be guaranteed through virtual means so that citizens can follow deliberations in real time. A subsection is added to Article 53 establishing that in virtual sessions, quorum is formed by members connected via telematic links that allow uninterrupted simultaneous communication, and they must remain connected with audio and video throughout the session. Finally, Article 56 is amended to detail the content of minutes, which must include the literal transcription of all interventions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100630.json", "html_url": "/legal/doc/norm-100630", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100630&strTipM=TC&nValor3=0" }, { "id": "norm-100676", "citation": "Decreto 44231", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of the Transition Regulation for Regulatory Plans", "title_es": "Reforma Reglamento de la Transición para Planes Reguladores", "summary_en": "This executive decree amends the Transition Regulation for the Review and Approval of Regulatory Plans (Executive Decree No. 39150), extending its validity for two additional years, from September 5, 2023, to September 5, 2025. The amendment fulfills the Executive Branch's duty to assist municipalities in territorial planning by facilitating the incorporation of environmental considerations into regulatory plans. It is grounded in Articles 50 and 169 of the Political Constitution, the Organic Environmental Law (No. 7554), and the Urban Planning Law (No. 4240), among others. The aim is to maintain expedited tools for the review and approval of these local planning instruments, in line with constitutional jurisprudence urging the Executive to improve the regulatory framework so that local governments can enact urban legislation adapted to social and legal needs.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "29/09/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100676.json", "html_url": "/legal/doc/norm-100676", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100676&strTipM=TC&nValor3=0" }, { "id": "norm-100682", "citation": "Resolución 2794", "section": "norms", "doc_type": "resolution", "title_en": "2023 SUGEF ESG Guidelines", "title_es": "Lineamientos ASG SUGEF 2023", "summary_en": "Resolution SGF-2794-2023 of October 26, 2023 amends the General Guidelines of the Comprehensive Risk Management Regulation (SUGEF Agreement 2-10), incorporating environmental, social, and governance (ESG) due diligence into the loan portfolio and investment portfolio of supervised financial institutions. It mandates that entities assess environmental and social risks of borrowers from loan origination through ongoing monitoring, documenting the results. It defines a standard methodology in three steps: identification of risk factors, assessment according to potential and impact, and classification into risk categories. The rule applies to banks, finance companies, cooperatives, and Housing Finance System entities, and takes effect on January 1, 2027.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "26/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100682.json", "html_url": "/legal/doc/norm-100682", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100682&strTipM=TC&nValor3=0" }, { "id": "norm-100698", "citation": "Decreto 44200", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of National Convenience for the National Water Laboratory Building Construction Project", "title_es": "Declaratoria de Conveniencia Nacional del Proyecto Construcción del Edificio Laboratorio Nacional de Aguas", "summary_en": "Executive Decree No. 44200-MINAE declares the public works project 'National Water Laboratory Building Construction' to be of national convenience, to be carried out by the Costa Rican Institute of Aqueducts and Sewers (AyA). This declaration authorizes the felling of trees on forested land and within protection areas defined in Article 33 of Forestry Law No. 7575, subject to certain conditions. The project addresses the need to improve the infrastructure of the National Water Laboratory for quality control of drinking water and wastewater nationwide. The decree establishes that tree felling must be limited, proportional, and reasonable, following the necessary permits from the relevant SINAC Conservation Area. It also obligates the developer to comply with SETENA requirements, approved environmental measures, and to allocate funds for compensation through the planting of native trees.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554", "water-law" ], "date": "05/07/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100698.json", "html_url": "/legal/doc/norm-100698", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100698&strTipM=TC&nValor3=0" }, { "id": "norm-100726", "citation": "Reglamento municipal 0 (Municipalidad de Puriscal, 10/11/2023)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Parks and Green Areas Regulation of Puriscal", "title_es": "Reglamento de Parques y Zonas Verdes de Puriscal", "summary_en": "The Parks and Green Areas Regulation of the Municipality of Puriscal sets rules for the use, conservation, and administration of parks, gardens, and public green areas in the canton. It prohibits damage to flora, fauna, and urban furniture; regulates leashed dogs and excrement cleanup; and conditions sociocultural, commercial, or mass events on prior municipal authorization and payment of a rental fee, with exemptions for social action groups. It imposes a maintenance fee on property owners in districts with such spaces, calculated on the effective cost of the service plus a 10% development profit. It empowers the Municipal Police and Public Force to sanction improper behavior and orders offenders to repair environmental or infrastructural damage, with judicial collection possible. It repeals the previous regulation on the matter.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "10/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100726.json", "html_url": "/legal/doc/norm-100726", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100726&strTipM=TC&nValor3=0" }, { "id": "norm-100731", "citation": "Decreto 44244", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Phytosanitary Protection Regulation on Modern Biotechnology", "title_es": "Reforma al Reglamento de Protección Fitosanitaria sobre Biotecnología Moderna", "summary_en": "Executive Decree 44244-MAG reforms the Regulation to the Phytosanitary Protection Law to update the regulatory framework for living modified organisms (LMOs) for agricultural use and new breeding techniques. It incorporates definitions and procedures aligned with the Cartagena Protocol on Biosafety. It classifies organisms obtained through genome editing based on whether they contain a \"new combination of genetic material,\" determining whether they are subject to GMO regulation. It establishes a case-by-case evaluation procedure before the Genetically Modified Organisms Unit (UOGM) with the involvement of the National Technical Biosafety Commission (CTNBio). It regulates the registration of persons and projects with LMOs, authorization requests (including public consultation via an edict), risk assessment, and issuance of the Certificate of Release to the Environment (CLA). It introduces obligations for biosafety auditing, mitigation measures in case of accidental releases, and penalties for non-compliance. The decree aims to harmonize regulations with scientific advances and the principle of risk-proportionate regulatory oversight.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "06/09/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100731.json", "html_url": "/legal/doc/norm-100731", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100731&strTipM=TC&nValor3=0" }, { "id": "norm-100732", "citation": "Decreto 049", "section": "norms", "doc_type": "regulation", "title_en": "Regulation for the Acquisition of Assets Destined for the Public Domain of AyA", "title_es": "Reglamento de Adquisición de Bienes Destinados al Dominio Público del AyA", "summary_en": "This regulation of the Costa Rican Institute of Aqueducts and Sewers (AyA) establishes the procedure for acquiring land, establishing easements, and other property rights through expropriation or donation for drinking water and sanitation projects. It details steps from property selection, technical, cadastral, and environmental studies, to notification of the administrative appraisal, declaration of public utility, and notarial formalization. It incorporates provisions for land in Special Regime Areas (ABRE), such as State Natural Heritage and protected zones, requiring specific permits. It regulates the determination of protection areas for springs and water bodies based on hydrogeological criteria from the UEN Environmental Management, aligned with Forestry Law No. 7575 and the Water Law. It also addresses unregistered properties, coordination with municipalities for approvals and land use, and the responsibility of ASADAs for acquiring assets for delegated systems. The objective is to provide legal certainty, efficiency, and transparency in the use of public funds for water infrastructure.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "property-and-titling" ], "date": "24/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100732.json", "html_url": "/legal/doc/norm-100732", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100732&strTipM=TC&nValor3=0" }, { "id": "norm-100740", "citation": "Decreto 045", "section": "norms", "doc_type": "regulation", "title_en": "Reform of AyA Permanent Connection Requirements", "title_es": "Reforma a requisitos de conexión permanente de servicios de AyA", "summary_en": "This reform of the Service Provision Regulations of the Costa Rican Institute of Aqueducts and Sewers (AyA), approved by the Board of Directors in ordinary session 045-2023, amends Articles 68 and 70. It aims to simplify and reduce the requirements for applying for permanent connections to potable water and sanitation services, both for registered and unregistered properties. The reform incorporates the principle of ex officio verification: AyA must consult public databases (Civil Registry, National Cadastre, CFIA) instead of requiring users to provide certifications or documents already held by other institutions. For registered properties, requirements include an application form, identification (unless verified digitally), a cadastral or survey plan (if applicable), a CFIA APC project number for new buildings, fee payment, and for activities generating special wastewater, a sworn statement and Ministry of Health approval. In territories with special legal regimes (maritime-terrestrial zone, border zones, indigenous territories, tourism development poles, railway rights-of-way), express authorization from the relevant entity is required. For unregistered properties, the possessor must present a sworn statement of possession with two witnesses and comply with technical and payment requirements. In both cases, the resolution period is 15 working days. The reform relies on Law 8220 on protection of citizens from excessive requirements, the Expediency Decree 43665, and the General Public Administration Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100740.json", "html_url": "/legal/doc/norm-100740", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100740&strTipM=TC&nValor3=0" }, { "id": "norm-100758", "citation": "Reglamento municipal 0 (Municipalidad de Limón, 15/11/2023)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Zoning Regulations of the Central Limón Canton Urban Planning", "title_es": "Reglamento de Zonificación del Plan Regulador del Cantón Central de Limón", "summary_en": "This regulation establishes zoning and land use for the Central Limón Canton, as part of its Urban Planning. It defines urban and rural zones, including residential, commercial, industrial, touristic, and environmental protection areas. Each zone has specific parameters for coverage, height, minimum area, and density. The environmental variable is incorporated through a fragility zoning, which conditions uses based on terrain vulnerability to aquifer contamination, erosion, and flooding. Wetlands, primary and secondary forests, and aquifer recharge areas are recognized, subject to restrictions and specific technical requirements. The objective is to order sustainable urban development, protecting natural resources and architectural heritage, and promoting ecotourism infrastructure and reforestation.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "15/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100758.json", "html_url": "/legal/doc/norm-100758", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100758&strTipM=TC&nValor3=0" }, { "id": "norm-100759", "citation": "Reglamento municipal 0-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Limón Subdivision and Urbanization Regulation", "title_es": "Reglamento de Fraccionamientos y Urbanizaciones de Limón", "summary_en": "This regulation, part of the Limón Central Canton Regulatory Plan, sets the local legal framework for all subdivisions and urbanizations in the canton, excluding the Maritime-Terrestrial Zone, protected areas, and indigenous territories. It categorizes subdivisions into four types: simple, for urban purposes, exceptional access for residential use, and agricultural/livestock/forestry/mixed parcels. It defines requirements for location, direct access to public roads, indispensable services, and compliance with minimum lot areas and frontages per zoning. For parcels with forest cover, it imposes a minimum area of 20,000 m² under Forestry Law 7575. It governs urbanizations by use type, public area dedications, road systems, residential complexes, and approval procedures. It prevails over national norms applied supplementarily and aligns with the Urban Planning Law, coordinating with INVU, MINAE, MOPT, and other bodies. It incorporates principles of environmental sustainability, social inclusion, and citizen participation, and repeals the previous 2018 subdivision regulation.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "15/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100759.json", "html_url": "/legal/doc/norm-100759", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100759&strTipM=TC&nValor3=0" }, { "id": "norm-100761", "citation": "Reglamento municipal 0-C", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Official Map Regulation of Limón", "title_es": "Reglamento de Mapa Oficial de Limón", "summary_en": "This regulation is part of the Regulatory Plan of the Central District of Limón and establishes the Official Map, a special registry of public property and affected public domain lands or spaces designated for public uses, such as roads, parks, plazas, buildings, and other communal uses, in accordance with the Urban Planning Law. Its objectives are to clearly define publicly owned lands and their use, inventory public roads, green areas, and municipal or state-interest lands, promote the use of public spaces, and create linkages with protection areas defined in Article 33 of the Forestry Law. The regulation details categories of public assets included, such as parks, sports facilities, cemeteries, the municipal market, roads, sidewalks, and bridges. It also mandates the transfer of public areas to the Municipality in subdivisions and developments, regulates road continuities as public domain reserves for future road network expansion, and allows the Municipality to acquire land, charge betterment levies, and enter into administration agreements with third parties. Finally, it requires printed and digital versions of the Official Map and its cartographic annexes to be publicly available.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "15/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100761.json", "html_url": "/legal/doc/norm-100761", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100761&strTipM=TC&nValor3=0" }, { "id": "norm-100839", "citation": "Resolución 0110", "section": "norms", "doc_type": "resolution", "title_en": "Partial Modification of Tariff Methodologies for New Private Wind and Solar Generation Plants", "title_es": "Modificación parcial de metodologías tarifarias de generación privada para plantas nuevas de fuentes eólica y solar", "summary_en": "The Public Services Regulatory Authority (ARESEP) amends the tariff methodologies approved in 2011 and 2015 for new private wind and solar power generation plants. The resolution broadens the lower limit of the tariff band through a flexible mechanism that links the number of standard deviations to the average investment cost, allowing tariffs to better reflect cost reductions from technological advances. It also eliminates a second calculation option in the wind methodology as unnecessary. These amendments aim to enable ICE to purchase energy at more competitive prices, passing the benefits of international cost decreases to final consumers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100839.json", "html_url": "/legal/doc/norm-100839", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100839&strTipM=TC&nValor3=0" }, { "id": "norm-100894", "citation": "Decreto 44280", "section": "norms", "doc_type": "executive_decree", "title_en": "Chlorothalonil Ban", "title_es": "Prohibición del Clorotalonil", "summary_en": "The decree fully bans in Costa Rica the registration, import, export, manufacture, formulation, storage, distribution, transport, repackaging, handling, sale, mixing and use of the active ingredient chlorothalonil and formulated synthetic pesticides containing it. The decision is based on technical evidence from the Ministry of Health, MINAE and AyA showing contamination of drinking water with metabolites of the fungicide in aqueducts in Cartago, exceeding maximum permissible values. International studies (IARC, EFSA) are cited, classifying the substance as a probable human carcinogen (group 2B), endocrine disruptor and toxic to aquatic organisms. The decree invokes the precautionary principle and a Constitutional Court ruling (2023013384) ordering protective measures. New or pending registration applications will be rejected immediately; existing stocks may be used within a non-extendable six-month period, after which all registrations will be cancelled. Analytical standards are excluded.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "water-law" ], "date": "24/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-100894.json", "html_url": "/legal/doc/norm-100894", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100894&strTipM=TC&nValor3=0" }, { "id": "norm-100922", "citation": "Reglamento municipal 0 (Municipalidad de San Carlos, 13/10/2015)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Municipal Aqueduct Operation and Administration Regulation", "title_es": "Reglamento de Operación y Administración del Acueducto Municipal", "summary_en": "This municipal regulation from San Carlos (2015) establishes the comprehensive framework for providing potable water service through the municipal aqueduct. It defines the technical, administrative, and financial conditions under which water connections are granted to property owners, classifying uses as residential, ordinary, reproductive-commercial, preferential, and government. It regulates in detail the requirements for requesting new connections, service independence, and temporary services, as well as subscriber obligations for maintaining internal installations. It establishes a mandatory metering system with monthly billing after the fact and a ten-business-day grace period. Grounds for service suspension include delinquency, water waste, or unauthorized connections, along with administrative and judicial collection procedures, including staggered payment arrangements based on the amount owed. It includes provisions for protecting water sources and watersheds, foreseeing an environmental fee to finance the recovery and conservation of water resources. Finally, it regulates the installation and maintenance of hydrants in urban developments and expressly prohibits the alienation of municipal lands on the margins of rivers and springs.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "13/10/2015", "year": "2015", "json_url": "/data/legal/docs/norm-100922.json", "html_url": "/legal/doc/norm-100922", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=100922&strTipM=TC&nValor3=0" }, { "id": "norm-101004", "citation": "Ley 10400", "section": "norms", "doc_type": "law", "title_en": "Public Interest Declaration Law for the Humpback Whale Watching Season", "title_es": "Ley de Declaratoria de Interés Público de la Temporada de Avistamiento de Ballenas Jorobadas", "summary_en": "Law 10400 declares the humpback whale watching season on the Pacific coast of Costa Rica to be of public interest, establishing two annual periods: from mid-July to November and from mid-December to April. The State may promote activities under a scheme of sustainable development, community tourism, and sound environmental management that strengthen coastal communities. The law emphasizes that visitation levels and tourism practices must not harm whale populations, requiring the promotion of good practices for cetacean watching. The State may also support scientific research, ecological education, and conservation promotion to protect humpback whales and other important species for the ecological sustainability of the Ballena National Marine Park and the entire Pacific coast. The law took effect upon publication in November 2023.", "primary_topic_id": null, "topic_ids": [], "date": "14/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101004.json", "html_url": "/legal/doc/norm-101004", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101004&strTipM=TC&nValor3=0" }, { "id": "norm-101025", "citation": "Reglamento municipal 0-E", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Urban Renewal Regulation", "title_es": "Reglamento de Renovación Urbana", "summary_en": "This municipal regulation establishes the procedures and criteria for the recovery and renewal of deteriorated or deteriorating urban areas in the canton of Barva. It defines that the Municipality will delineate Urban Renewal Zones through the Zoning Map and technical studies, which must characterize deterioration by considering topographic aspects, buildings, roads, and the socioeconomic conditions of residents. Renewal projects require a favorable municipal opinion, full financing, environmental viability from SETENA, approval from the MOPT if national routes are affected, and consent from private property owners. The regulation complements the INVU's Urban Renewal Regulation #6259 and takes effect upon publication in La Gaceta.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "subdivision-fraccionamiento" ], "date": "07/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101025.json", "html_url": "/legal/doc/norm-101025", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101025&strTipM=TC&nValor3=0" }, { "id": "norm-101033", "citation": "Decreto 44266", "section": "norms", "doc_type": "executive_decree", "title_en": "Phytosanitary Emergency for Giant African Snail", "title_es": "Emergencia Fitosanitaria por Caracol Gigante Africano", "summary_en": "This Executive Decree declares a national phytosanitary emergency due to the presence of the Achatina fulica (giant African snail), an invasive exotic pest that causes severe damage to agriculture, public health, and the environment. It is based on the Phytosanitary Protection Law (Law No. 7664) and the WTO SPS Agreement. The decree imposes obligations on landowners and occupants, including mandatory reporting of the pest, cooperation with the State Phytosanitary Service (SFE), free access for officials to properties, and compliance with the updated Action Plan (version 2, June 2023). The emergency lasts two years, extendable until eradication. Funds from the ordinary budget are allocated for 2023-2025, and public and private institutions are urged to donate and collaborate. It is a phytosanitary norm with indirect environmental impacts through invasive species control.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/09/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101033.json", "html_url": "/legal/doc/norm-101033", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101033&strTipM=TC&nValor3=0" }, { "id": "norm-101046", "citation": "Reglamento municipal 179", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Palm Tax Student Scholarship Regulation", "title_es": "Reglamento de Becas Estudiantiles del Impuesto a la Palma", "summary_en": "This municipal regulation of the Corredores canton establishes the procedure and requirements for granting student scholarships funded by 5% of the palm oil tax collected under Law No. 7139. It defines eligible recipients (children of low-resource palm growers with up to 25 hectares in production), the educational levels covered (primary, secondary, and university), and selection criteria based on cultivation area. A Special Scholarship Commission is created to evaluate applications and recommend awards to the Municipal Council. It details variable amounts per level (15% primary, 35% secondary, 50% university), monthly payment methods, and grounds for suspension, including exceptions for disability or force majeure. The regulation aims to ensure transparency and legal certainty in administering these public funds for educational purposes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101046.json", "html_url": "/legal/doc/norm-101046", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101046&strTipM=TC&nValor3=0" }, { "id": "norm-101055", "citation": "Decreto 44292", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform to Decrees of Cocos Island National Park and Seamounts Marine Management Area", "title_es": "Reforma a los decretos del Parque Nacional Isla del Coco y Área Marina de Manejo Montes Submarinos", "summary_en": "This executive decree reforms the boundaries of Cocos Island National Park and transforms the Seamounts Marine Management Area into the Bicentennial Marine Management Area, adjusting their geographic coordinates. The National Park is expanded to approximately 54,844 km², while the new management area covers about 106,284 km² in Costa Rican jurisdictional waters of the Pacific. The reform responds to the need to strengthen the country's marine protected area system, in compliance with international commitments and based on Constitutional Article 50 guaranteeing a healthy environment. Coordinates converted by the National Geographic Institute and approved by INCOPESCA are incorporated. It does not create new procedures, thus not requiring regulatory improvement review. Effective upon publication in La Gaceta.", "primary_topic_id": null, "topic_ids": [], "date": "08/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101055.json", "html_url": "/legal/doc/norm-101055", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101055&strTipM=TC&nValor3=0" }, { "id": "norm-101095", "citation": "Reglamento municipal 43", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Procedure for charging for remodeling and improvements to water-mirror access structures, Golfito", "title_es": "Procedimiento para el cobro de remodelación y mejoras en estructuras de acceso a espejos de agua, Golfito", "summary_en": "This municipal regulation of Golfito establishes a procedure to authorize, regulate, and charge for remodeling and improvements to water-mirror access structures within the canton, excluding the maritime terrestrial zone. It defines requirements to obtain a precarious, discretionary, and revocable construction permit over public domain goods, without granting property rights. It details permitted construction features such as floating or fixed platforms, minimum distances to public docks, and maintenance obligations. An annual fee for public domain use and fines for non-compliance or unpermitted constructions, including demolition, are imposed. The Municipality bases its competence on constitutional municipal autonomy and the Municipal Code, without substantive reference to national environmental regulations, although structures are placed on coastal water mirrors.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101095.json", "html_url": "/legal/doc/norm-101095", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101095&strTipM=TC&nValor3=0" }, { "id": "norm-101109", "citation": "Decreto 44318", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Interest Declaration for Green Hydrogen Investment", "title_es": "Declaratoria de Interés Público para la Inversión en Hidrógeno Verde", "summary_en": "This executive decree declares investments in green hydrogen to be of public interest, covering infrastructure, business ventures, and alliances by electricity distributors using surplus energy from the national grid, as well as self-supply electricity generation plants using green hydrogen. It is grounded in Costa Rica's National Green Hydrogen Strategy, which aims to develop a domestic and export market for hydrogen produced via electrolysis from renewable energy. The norm instructs electricity service providers (public, municipal, or private) and state institutions to consider hydrogen production as an opportunity for value addition, skilled job creation, and attracting investments for economic development. The decree cites the constitutional and legal framework empowering the Executive Branch to issue sectoral directives, including the Organic Environmental Law. It does not create new procedures but seeks to rationalize existing ones and align energy policy with carbon neutrality goals.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "13/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101109.json", "html_url": "/legal/doc/norm-101109", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101109&strTipM=TC&nValor3=0" }, { "id": "norm-101111", "citation": "Decreto 44321", "section": "norms", "doc_type": "executive_decree", "title_en": "HFC Quota Regulation", "title_es": "Reglamento de Cuotas de HFC", "summary_en": "This executive decree establishes an import quota mechanism for the gradual reduction of hydrofluorocarbons (HFCs) in Costa Rica, in accordance with the Kigali Amendment to the Montreal Protocol. The Environmental Quality Management Directorate (DIGECA) of MINAE is responsible for calculating and assigning annual quotas to registered importers, based on a national baseline and a schedule of progressive reductions: 10% by 2029, 30% by 2035, 50% by 2040, and 80% from 2045 onward. The regulation creates a state reserve fund of 12% of the national quota to address critical uses and new importers, and prohibits domestic production of HFCs. Violations are penalized under the Environmental Organic Law.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "20/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101111.json", "html_url": "/legal/doc/norm-101111", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101111&strTipM=TC&nValor3=0" }, { "id": "norm-101113", "citation": "Acuerdo 302", "section": "norms", "doc_type": "agreement", "title_en": "Maximum tuna catch limit for foreign purse‑seine vessels in 2024", "title_es": "Límite máximo de captura de atún para embarcaciones extranjeras con red de cerco en 2024", "summary_en": "INCOPESCA Board Agreement 302 sets the maximum catch limit for yellowfin tuna by foreign-flagged purse-seine vessels in Costa Rica’s Pacific Exclusive Economic Zone for 2024 at 14,474 metric tons. Licenses are granted solely to supply the national processing industry, requiring vessels to commit to delivering 100% of their catch to that industry and to comply with Inter-American Tropical Tuna Commission (IATTC) regulations. The agreement details application procedures, contractual requirements between the industry and vessel owners, and exceptional circumstances that exempt vessels from the obligation to land their catch in Costa Rican ports. It also governs catch monitoring, exclusive landing at authorized national docks, a ban on exporting unprocessed whole tuna, and grounds for canceling licenses. The quota may be adjusted during the year upon a substantiated need for additional raw material, subject to a reasoned decision. The agreement is effective upon approval and publication in the official gazette.", "primary_topic_id": null, "topic_ids": [], "date": "12/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101113.json", "html_url": "/legal/doc/norm-101113", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101113&strTipM=TC&nValor3=0" }, { "id": "norm-101118", "citation": "Tratados Internacionales 10372", "section": "norms", "doc_type": "treaty", "title_en": "Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits", "title_es": "Protocolo de Nagoya sobre Acceso a los Recursos Genéticos y Participación Justa y Equitativa en los Beneficios", "summary_en": "Law No. 10372 approves the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity and its Annex, adopted in 2010. The Protocol aims to implement the third objective of the Convention: the fair and equitable sharing of benefits arising from the utilization of genetic resources, contributing to the conservation of biological diversity and the sustainable use of its components. Costa Rican law includes a series of interpretative declarations (Articles 2 to 14) that clarify the scope of the Protocol, particularly regarding indigenous peoples and local communities, their traditional knowledge, and prior informed consent. It also interprets aspects concerning human genetic resources, customary law, community intellectual rights, confidentiality of information, and the relationship with other international instruments. The law ratifies the Protocol with these interpretations, which seek to protect the rights of indigenous peoples and ensure a more beneficial application for conservation.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "14/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101118.json", "html_url": "/legal/doc/norm-101118", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101118&strTipM=TC&nValor3=0" }, { "id": "norm-101119", "citation": "Tratados Internacionales 10372-A", "section": "norms", "doc_type": "treaty", "title_en": "Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits", "title_es": "Protocolo de Nagoya sobre Acceso a los Recursos Genéticos y Participación Justa y Equitativa en los Beneficios", "summary_en": "This document is Law No. 10372 by which Costa Rica approves the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, adopted in 2010 under the Convention on Biological Diversity. The Protocol establishes an international framework so that countries of origin of genetic resources and indigenous and local communities holding associated traditional knowledge share fairly and equitably in the benefits from their utilization. It requires prior informed consent for access to genetic resources and traditional knowledge, and mutually agreed terms regulating monetary and non-monetary benefits. It includes provisions on national focal points, competent authorities, internationally recognized certificates of compliance, capacity building, technology transfer and compliance mechanisms. The law incorporates Costa Rica's interpretative declarations regarding the scope of the Protocol with respect to indigenous peoples, traditional knowledge, sui generis community intellectual rights, and the interpretation of customary law.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "14/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101119.json", "html_url": "/legal/doc/norm-101119", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101119&strTipM=TC&nValor3=0" }, { "id": "norm-101120", "citation": "Tratados Internacionales 10414", "section": "norms", "doc_type": "treaty", "title_en": "Accession to the International Convention for the Conservation of Atlantic Tunas", "title_es": "Adhesión al Convenio Internacional para la Conservación del Atún del Atlántico", "summary_en": "This law approves Costa Rica's accession to the International Convention for the Conservation of Atlantic Tunas (ICCAT) of 1966 and its 2019 Protocol of Amendment. It establishes the legal framework for the country to become a Contracting Party, accepting rights and obligations related to the conservation and management of tuna fisheries in the Atlantic. The law designates the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) as the primary responsible entity for national and international commitments under the convention, in coordination with the Ministry of Agriculture and Livestock (MAG). It also regulates the payment of annual contributions, assigning the first two years to MAG and subsequent years to INCOPESCA. Additionally, it includes an interpretative clause requiring that acceptance of future amendments follow the constitutional procedure for approval of international treaties, as per Article 121(4) of the Political Constitution. The norm came into effect upon publication and was later supplemented by Executive Decree 44386 of 2024, which formalized the accession.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "14/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101120.json", "html_url": "/legal/doc/norm-101120", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101120&strTipM=TC&nValor3=0" }, { "id": "norm-101129", "citation": "Decreto 44258", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Zona de los Santos Natural Monument", "title_es": "Creación del Monumento Natural Zona de los Santos", "summary_en": "This executive decree establishes the Zona de los Santos Natural Monument, a 1,861.36-hectare protected wilderness area in the cantons of Dota, Tarrazú, and León Cortés. The creation addresses the need to safeguard the water, forest, and scenic resources of the Cerros San Pedro, La Trinidad, La Roca, and Abejonal, which serve as the primary water source for these cantons. It is founded on the Biodiversity Law (7788), the Environmental Organic Law (7554), and the Forestry Law (7575). Administration falls to the local municipalities, with advisory support from SINAC, and a management plan must be prepared within three years. The designation aims to ensure the protection, conservation, and rational use of natural resources and the maintenance of biodiversity, in line with the constitutional right to a healthy environment (Article 50).", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "18/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101129.json", "html_url": "/legal/doc/norm-101129", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101129&strTipM=TC&nValor3=0" }, { "id": "norm-101138", "citation": "Reglamento municipal 0 (Municipalidad de San José, 21/12/2023)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Urban Development Regulation of the Canton of San José", "title_es": "Reglamento de Desarrollo Urbano del Cantón de San José", "summary_en": "This Urban Development Regulation (RDU) of the Municipality of San José constitutes the seventh comprehensive reform of the canton's master plan. It establishes a regulatory framework to manage land use, building, public space, mobility, and outdoor advertising. It consists of four regulations: General Provisions, Land-Use Zoning, Public Spaces and Mobility (Official Map), and Outdoor Advertising. It aims to guide urban development toward sustainability, improve quality of life, promote urban renewal and repopulation, and integrate environmental, sociocultural, economic, and political-institutional dimensions. It defines intervention zones such as the T24 Innovation District, the Historic Center, and González Víquez, with incentives for sustainable buildings and public space dedication. It regulates urban licenses, construction parameters (setbacks, maximum building area via Floor Area Ratio and Height Coefficient), and penalties for noncompliance. It repeals prior regulations and aligns with national laws such as the Urban Planning Law, Forestry Law, Organic Environmental Law, and the INVU Construction Regulations, among others.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "water-law" ], "date": "21/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101138.json", "html_url": "/legal/doc/norm-101138", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101138&strTipM=TC&nValor3=0" }, { "id": "norm-101140", "citation": "Reglamento municipal 0-B", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Mobility and Public Spaces Regulation (Official Map) of the Municipality of San José", "title_es": "Reglamento de Movilidad y Espacios Públicos (Mapa Oficial) de la Municipalidad de San José", "summary_en": "This Regulation, part of the Urban Development Regulations (RDU) of the San José canton, establishes the regulatory framework for the planning and management of mobility and public spaces. It is based on the Urban Planning Law and the General Public Roads Law, and regulates road hierarchy (national highways, local streets, bike lanes, pedestrian ways), occupation of public space, parking, and outdoor advertising. It defines competencies between the Municipality, MOPT, and INCOFER, and details procedures for municipal permits, including fee payments and sanctions for violations. The objective is to ensure city functionality, road safety, universal accessibility, and the enjoyment of public spaces, promoting sustainable mobility and quality of life.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101140.json", "html_url": "/legal/doc/norm-101140", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101140&strTipM=TC&nValor3=0" }, { "id": "norm-101152", "citation": "Reglamento municipal 44-1", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation on the Protection, Use and Maintenance of Parks and Public Spaces of the Municipality of Acosta", "title_es": "Reglamento sobre la Protección, Uso y Mantenimiento de Parques y Espacios Públicos de la Municipalidad de Acosta", "summary_en": "This municipal regulation establishes a comprehensive regime for the protection, use and maintenance of parks and public spaces in the canton of Acosta. It defines responsibilities of users and the municipality, prohibits activities that may damage flora, fauna, urban furniture or public tranquility, and regulates artistic, cultural and recreational activities through prior authorizations. It requires users to repair any damage caused, regardless of other legal sanctions, and holds guardians of minors liable. It also empowers the municipality to develop afforestation projects with native species, protect green areas, and adopt measures against encroachments.", "primary_topic_id": null, "topic_ids": [], "date": "31/10/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101152.json", "html_url": "/legal/doc/norm-101152", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101152&strTipM=TC&nValor3=0" }, { "id": "norm-101172", "citation": "Circular 33", "section": "norms", "doc_type": "circular", "title_en": "Adoption of IFRS Sustainability Disclosure Standards", "title_es": "Adopción de Normas Internacionales de Información Financiera Relacionada con Sostenibilidad", "summary_en": "The Board of the Costa Rican College of Public Accountants issues this Circular to fully adopt the IFRS Sustainability Disclosure Standards issued by the ISSB. It is grounded in Law No. 1038, which empowers the College to advance the accounting profession. The circular addresses the growing global demand for financial reporting that integrates environmental and climate risks, impacts, and opportunities. It highlights that Costa Rica, as an OECD member, must prioritize transparency and quality in financial reports, including sustainability. Future modifications to ISSB standards are automatically adopted. Voluntary application begins on January 1, 2024, with a phased mandatory rollout: large taxpayers and CONASSIF-regulated entities report in 2028 for fiscal year 2027; other entities and SMEs have different deadlines or voluntary application until required. It also recommends that CONESUP and CONARE incorporate these standards into university curricula.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101172.json", "html_url": "/legal/doc/norm-101172", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101172&strTipM=TC&nValor3=0" }, { "id": "norm-101180", "citation": "Decreto 44263", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Roads Definition, Classification and Coding Regulation", "title_es": "Reglamento para definir caminos públicos, su clasificación y codificación", "summary_en": "This executive decree, issued in 2023 by the Ministry of Public Works and Transport, formalizes uniform technical criteria for classifying and coding national roads and cantonal roads in Costa Rica. It establishes parameters for identifying national roads based on their membership in the Strategic Road Network, customs routes, a minimum right-of-way of 20 meters, and connections to provincial capitals, tourist centers, border posts, ports, and airports. It functionally classifies the national road network into primary, secondary, and tertiary according to traffic volumes and connectivity. For the cantonal network, it defines local streets, neighborhood roads, and unclassified roads, detailing criteria such as location in urban quadrants, available services, population served, and use. It also regulates unique road coding and repeals previous regulations on functional road classification.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/09/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101180.json", "html_url": "/legal/doc/norm-101180", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101180&strTipM=TC&nValor3=0" }, { "id": "norm-101208", "citation": "Reglamento municipal 187-1", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Integrated Solid Waste Management Plan of the Canton of Montes de Oro", "title_es": "Plan de Gestión Integral de Residuos Sólidos del Cantón de Montes de Oro", "summary_en": "This document contains the agreements of the Municipal Council of Montes de Oro approved in Ordinary Session No. 187-2023, updating the canton's Integrated Solid Waste Management Plan (PGIRS). Specifically, it adjusts the execution timelines for five operational actions: the formulation of the municipal GIRS regulation, extension of collection service to communities in the La Unión district, eradication of illegal dumps, environmental education training for schools, and provision of street sweeping and public area cleaning services. The update extends the deadlines by a period equal to or less than the time already elapsed, with new target dates between 2024 and 2026. It also orders the publication of the updated PGIRS on the municipality's official website and in the official gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101208.json", "html_url": "/legal/doc/norm-101208", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101208&strTipM=TC&nValor3=0" }, { "id": "norm-101213", "citation": "Decreto 44329", "section": "norms", "doc_type": "executive_decree", "title_en": "Official Adoption of the Guide for the Prevention and Mitigation of Wildlife Electrocution by Power Lines", "title_es": "Oficialización de la Guía para la Prevención y Mitigación de la Electrocución de Fauna Silvestre por Tendidos Eléctricos", "summary_en": "This executive decree officially adopts the Guide for the Prevention and Mitigation of Wildlife Electrocution by Power Lines in Costa Rica as a mandatory technical instrument for all electricity generation, transmission, and distribution companies. It creates the 'Electrificación Sostenible' (GES) working group to continuously improve mitigation measures, and requires concessionaires to annually report electrocution incidents, implement technical measures to eliminate hotspots, and prioritize endangered species and environmentally fragile areas. It urges the public utilities regulator (ARESEP) and municipalities to consider compliance with the guide in permitting and tariff adjustments, and stipulates that noncompliance may lead to administrative sanctions under existing environmental laws. The National Environmental Technical Secretariat has one year to incorporate electrocution analysis into Environmental Impact Assessment instruments.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "environmental-law-7554" ], "date": "15/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101213.json", "html_url": "/legal/doc/norm-101213", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101213&strTipM=TC&nValor3=0" }, { "id": "norm-101224", "citation": "Reglamento municipal 188-1", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Comprehensive Solid Waste Management Regulation — Municipality of Sarapiquí", "title_es": "Reforma al Reglamento de Gestión Integral de Residuos Sólidos — Municipalidad de Sarapiquí", "summary_en": "The Municipal Council of Sarapiquí partially amended the 2014 Comprehensive Solid Waste Management Regulation through an agreement adopted at ordinary session No. 188-2020-2024 on December 4, 2023. The amendment modifies Chapters IV, VII, and XII, updating generator responsibilities, establishing requirements for waste containers (strength, maximum 25 kg capacity, color coding by waste type), and detailing the separation and delivery of recyclables. It also regulates waste placement in condominiums and hard-to-access sites, requires a waste management plan endorsed by the Ministry of Health for fairs and public events, and expands the list of prohibitions for generators and collectors — including improper disposal of hazardous, construction, and dead animal waste, and mixing of waste categories. The amendment seeks to improve integrated solid waste management in the canton, protecting the environment and public health, and imposes penalties for non-compliance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101224.json", "html_url": "/legal/doc/norm-101224", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101224&strTipM=TC&nValor3=0" }, { "id": "norm-101226", "citation": "Acuerdo 312", "section": "norms", "doc_type": "agreement", "title_en": "Extension of radio beacon requirement for sport and tourist fishing vessels", "title_es": "Prórroga del sistema de radio baliza para pesca deportiva y turística", "summary_en": "INCOPESCA Agreement AJDIP/312-2023 amends the Regulation for Monitoring, Control and Surveillance of Fishing Vessels of the National and Foreign Fleets, specifically its Transitional Provision II, to postpone the effective date of the mandatory radio beacon system for medium-scale sport and tourist fishing vessels. Originally, under Agreement AJDIP/076-2022, this fleet segment was required to comply starting January 1, 2024. After consultation with industry representatives, the Board extended the deadline to July 1, 2024, to allow time for drafting exclusive regulations for sport and tourist fishing. The agreement also requests a working group to submit an alternative regulatory text by March 2024 and repeals Agreement AJDIP/116-2023. It took effect upon approval.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101226.json", "html_url": "/legal/doc/norm-101226", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101226&strTipM=TC&nValor3=0" }, { "id": "norm-101239", "citation": "Reglamento municipal 0 (Municipalidad de Coto Brus, 12/12/2023)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "General Regulation of the Coto Brus Municipality Recyclable Waste Collection Center", "title_es": "Reglamento General del Centro de Acopio de Residuos Valorizables de la Municipalidad de Coto Brus", "summary_en": "This municipal regulation from December 2023 establishes the internal rules for the operation of the Coto Brus Municipality Recyclable Waste Collection Center. It defines administrative and operational objectives, details the physical-sanitary conditions required for the facilities (maintenance, fumigation, pest control, hygiene), and occupational safety and electrical obligations. It regulates working hours, employee conduct, and disciplinary regime, as well as the procedure for selling recoverable materials (plastic, cardboard, glass, metals) through quotations and deposit of proceeds into municipal accounts, earmarking funds exclusively for solid waste management. It includes provisions on material classification, searching for ethical buyers, and alignment with Law 8839 on Integrated Solid Waste Management.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101239.json", "html_url": "/legal/doc/norm-101239", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101239&strTipM=TC&nValor3=0" }, { "id": "norm-101244", "citation": "Reglamento municipal 209", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Pérez Zeledón Regulatory Plan Public Hearing Regulation", "title_es": "Reglamento de la Audiencia Pública del Plan Regulador de Pérez Zeledón", "summary_en": "This municipal regulation establishes the procedure for conducting the public hearing on the Pérez Zeledón Canton Territorial Planning Plan, required by Article 17 of the Urban Planning Law. It details the call for the hearing, availability of documents, participant registration, and conduct of the session (project presentation, question and answer period). It provides that the hearing is held in an extraordinary session of the Municipal Council, broadcast live, and allows written observations to be submitted up to 8 business days later. The planning team must present a final report within 30 calendar days responding to observations, indicating which are incorporated or rejected with technical justification. The rules may be applied to other hearings or citizen participation mechanisms by Council agreement.", "primary_topic_id": null, "topic_ids": [], "date": "02/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101244.json", "html_url": "/legal/doc/norm-101244", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101244&strTipM=TC&nValor3=0" }, { "id": "norm-101287", "citation": "Ley 10430", "section": "norms", "doc_type": "law", "title_en": "Amendment to Article 36 of Law 8000 — National Coast Guard Service", "title_es": "Reforma al artículo 36 de la Ley 8000 — Servicio Nacional de Guardacostas", "summary_en": "This law amends Article 36 of Law 8000, which created the National Coast Guard Service, to regulate the handling of seized or abandoned naval property. It expands the Service's powers to use, donate, or destroy such property. Donations are authorized to public institutions with jurisdiction in coastal or riverine zones, municipalities, fishing organizations, community development associations, and non-profit entities, among others. It also establishes a procedure for abandoned property, including a single notice in the official gazette and a one-month period for claims. The destruction of unsuitable or dangerous property is permitted after publishing a list and no claims within one month. A transitional provision allows the immediate disposal of deteriorated property posing a health hazard, except judicial evidence or recent claims. The law aims to give effective use to seized assets, support coastal communities, and reduce overfishing, as well as simplify registration procedures for donees.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101287.json", "html_url": "/legal/doc/norm-101287", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101287&strTipM=TC&nValor3=0" }, { "id": "norm-101296", "citation": "Decreto 01", "section": "norms", "doc_type": "regulation", "title_en": "Regulation for the Organization and Operation of Regional, Municipal, District, and Community Emergency Committees", "title_es": "Reglamento para la organización y funcionamiento de los comités regionales, municipales, distritales y comunales de emergencia", "summary_en": "This regulation, issued by the Board of the National Commission for Risk Prevention and Emergency Response (CNE), governs the formation, functions, and operation of emergency committees at all territorial levels in Costa Rica: regional, municipal (cantonal), district, and community. It defines CNE's responsibilities as the governing body, including administrative control of resources, unified command in emergencies, and the power to intervene committees. It establishes each committee's structure through operational working groups (First Response, Health/Water and Sanitation, Productive and Environment, Social and Humanitarian Protection, Infrastructure and Services) and specifies their functions in preparedness, response, and rehabilitation. It details procedures for appointment, removal of members, management of assets and donations, and prohibitions such as political use or unauthorized decision-making. It repeals the previous regulation (Agreement No. 071-04-2022) and takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101296.json", "html_url": "/legal/doc/norm-101296", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101296&strTipM=TC&nValor3=0" }, { "id": "norm-101301", "citation": "Decreto 44336", "section": "norms", "doc_type": "executive_decree", "title_en": "National System for Individual Identification and Traceability of Cattle", "title_es": "Sistema Nacional de Identificación Individual y Rastreabilidad del Ganado Bovino", "summary_en": "This executive decree creates the National System for Individual Identification and Traceability of Cattle, administered by the National Animal Health Service (SENASA). It mandates the individual identification and registration of all cattle using an Official Individual Identification Device (DIIO) with visual and electronic components, along with establishment and movement registration. It amends the regulation to the Cattle Control Law to digitize movement permits and strengthen controls. Objectives include improving herd health management, ensuring food safety, meeting market requirements, and supporting prevention of cattle theft and smuggling. Phased implementation timelines are provided, with delayed entry into force.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101301.json", "html_url": "/legal/doc/norm-101301", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101301&strTipM=TC&nValor3=0" }, { "id": "norm-101306", "citation": "Decreto 44337", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Regulation on Allocation of Tuna Purse Seine Fishing Capacity", "title_es": "Reforma al Reglamento de asignación de capacidad de pesca de atún de cerco", "summary_en": "This executive decree amends Decree No. 43373-MAG regarding the allocation of tuna purse seine fishing capacity recognized to Costa Rica by the Inter-American Tropical Tuna Commission (IATTC). The main change establishes different validity periods for executive agreements depending on the applicant category: four years renewable for existing or new vessels (subsections a and c of Article 2), and ten years renewable for new processing companies that establish operations in the country (subsection b). A transitional provision automatically adjusts the terms of pre-existing agreements. The amendment aims to encourage investment in tuna processing plants in Costa Rica by providing legal certainty and sufficient raw material, in line with the designation of tuna as a strategic resource under Law No. 10304. The decree is based on national and international regulations on responsible fishing and the law of the sea.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101306.json", "html_url": "/legal/doc/norm-101306", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101306&strTipM=TC&nValor3=0" }, { "id": "norm-101325", "citation": "Reglamento municipal 0 (Municipalidad de Esparza, 08/01/2024)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the regularization of land use permits in the coastal zone of Caldera", "title_es": "Reglamento para la regularización de los permisos de uso de suelo en la zona litoral de Caldera", "summary_en": "This municipal regulation, approved by the Municipality of Esparza, establishes the procedure for regularizing precarious land use permits in the coastal zone formerly known as the maritime-terrestrial zone of the Caldera district. It stems from Law No. 10236, which transformed the area and granted the municipality planning authority until an urban regulatory plan comes into force. The regulation defines requirements for permit applications, including personal documentation, survey plans, and sworn statements proving occupancy for at least five years. It establishes the temporary and precarious nature of permits, their unilateral revocability by the municipality without indemnification rights, and the setting of an annual fee based on use (agricultural, residential, tourist, commercial). It also prohibits granting permits to certain individuals (council members, mayor, foreigners not residing for five years, bearer-share companies) and occupation of the public zone. It contains provisions on transfers, resignations, and administrative appeals. The regulation aims to temporarily order land use in this area, allowing occupants to formalize their situation while the regulatory plan is developed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101325.json", "html_url": "/legal/doc/norm-101325", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101325&strTipM=TC&nValor3=0" }, { "id": "norm-101327", "citation": "Circular 06", "section": "norms", "doc_type": "circular", "title_en": "Support for the Blue Flag Ecological Program Initiative", "title_es": "Apoyo a la iniciativa del Programa Bandera Azul Ecológica", "summary_en": "This circular from the Superior Council of the Judiciary, issued in January 2024, urges all judicial offices and chambers to actively support and engage in the Blue Flag Ecological Program (PBAE) initiative. The directive comes at the request of the Institutional Environmental Management Commission and seeks judicial personnel participation in environmental training and awareness activities called by that commission and the environmental subcommittees of judicial circuits. The basis is the importance of the PBAE for fulfilling the Judiciary’s commitment to Agenda 2030 and the Sustainable Development Goals (SDGs), particularly those related to sustainability and environmental management (goals 6, 7, 9, 12, 13, 14, 15, 16), and to the objectives of the Institutional Environmental Management Plan (PGAI) 2022-2026. The circular emphasizes the need for offices located in buildings where the initiative is underway to provide support, thereby strengthening institutional environmental management.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101327.json", "html_url": "/legal/doc/norm-101327", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101327&strTipM=TC&nValor3=0" }, { "id": "norm-101398", "citation": "Circular 19", "section": "norms", "doc_type": "circular", "title_en": "Duties of Judges in the Sustainability Model", "title_es": "Deberes de las juezas y jueces en el Modelo de Sostenibilidad", "summary_en": "This circular reiterates the duties of judges within the Judiciary's Sustainability Model. It establishes that, to ensure continuous improvement in redesigned offices, judges must analyze management indicators, define remedial plans, and supervise improvement teams. It emphasizes that the Judges' Council retains responsibility for the office's comprehensive management, in compliance with the Regulation on the Organization of Judges' Councils and the Organic Law of the Judiciary. The circular reinforces the obligation of active involvement of judges in monitoring and adjusting operational processes, aiming to optimize public service and resource use.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101398.json", "html_url": "/legal/doc/norm-101398", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101398&strTipM=TC&nValor3=0" }, { "id": "norm-101447", "citation": "Decreto 24", "section": "norms", "doc_type": "regulation", "title_en": "JAPDEVA Port Service Definitions", "title_es": "Definiciones de los servicios portuarios de JAPDEVA", "summary_en": "This document from the Atlantic Port Authority and Economic Development Board (JAPDEVA) approves the definitions of port services, in compliance with ARESEP resolution RE-0070-IT-2023, which sets maximum tariffs for maritime and port services at the ports of Limón and Moín. It details vessel services (attention, stay, towage, anchorage, launch), cargo services (dockage, parking, gantry crane, forklifts, storage, loading/unloading, container movements, receipt/dispatch, stuffing/stripping, power for refrigeration), ancillary services (drinking water, petroleum product transfer, ship chandlery, waste extraction), and other tariffs such as stevedoring company fees, delays, and area rental. Each service includes its unit of measure, tariff in US dollars, and a detailed definition of scope, conditions, and charging method. The decision was made by the Board of Directors at its ordinary session on December 21, 2023.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101447.json", "html_url": "/legal/doc/norm-101447", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101447&strTipM=TC&nValor3=0" }, { "id": "norm-101451", "citation": "Decreto 6609", "section": "norms", "doc_type": "regulation", "title_en": "ICE Corporate Ecosystem Services Policy", "title_es": "Política Corporativa de Servicios Ecosistémicos del ICE", "summary_en": "The Costa Rican Electricity Institute (ICE) approved this corporate policy to identify, value, and manage ecosystem services in its productive activities. The policy seeks to integrate an ecosystem approach into energy generation, telecommunications, and forest conservation by measuring impacts and reinforcing best practices. It assigns responsibilities to the Board of Directors, the Executive Presidency, and management, and is supported by national legislation such as the Biodiversity, Forestry, and Water Laws, as well as Regulation 41124. The document details definitions, applicable documents, and commitments such as valuing ecosystem services, legal compliance, accountability, and research. It applies to all ICE and subsidiary staff involved in goods or services, with the aim of controlling environmental impacts and strengthening corporate sustainability.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "30/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101451.json", "html_url": "/legal/doc/norm-101451", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101451&strTipM=TC&nValor3=0" }, { "id": "norm-101476", "citation": "Reglamento municipal 0-1", "section": "norms", "doc_type": "municipal_regulation", "title_en": "San Pablo Territorial Plan", "title_es": "Plan de Ordenamiento Territorial de San Pablo", "summary_en": "The San Pablo Territorial Plan (POT) is the local planning instrument that regulates land use, occupation, and transformation in the canton. Structured around general provisions, an official map, subdivisions and urbanizations, a dynamic zoning system, buildings, urban renewal, and mobility, the plan advances a compact, mixed-use city model to overcome the 'bedroom community' dynamic. It defines three land categories (urbanized, developable, non-developable) and nine zones (road axes, residential, employment center, centralities, suburban, environmental protection, riverine forest, and agro-ecological). A dynamic zoning regime offers baseline and improved parameters in exchange for sustainable practices. It governs urban charges, public area dedications, impact mitigation, and special contributions, in line with the Urban Planning Law and the Organic Environmental Law.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "12/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101476.json", "html_url": "/legal/doc/norm-101476", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101476&strTipM=TC&nValor3=0" }, { "id": "norm-101496", "citation": "Resolución 0011", "section": "norms", "doc_type": "resolution", "title_en": "Regulatory Quality Seal Guidelines for Water and Sanitation", "title_es": "Lineamientos Sello Regulatorio de Calidad para Acueducto y Saneamiento", "summary_en": "This resolution by ARESEP's Water Authority establishes the guidelines for implementing the 'Regulatory Quality Seal' for providers of public water and sanitation services. The seal recognizes operators that meet water quality and wastewater discharge standards under Costa Rican law. It sets eligibility requirements, including being up-to-date with regulatory reporting, submitting quality analyses from ECA-accredited laboratories, and having macro- and micro-metering. It specifies annual reporting deadlines, and conditions for maintaining or withdrawing the seal. The aim is to socialize and democratize water quality information, promote good operational and administrative practices, and encourage environmental protection through ensuring quality in wastewater treatment.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "26/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101496.json", "html_url": "/legal/doc/norm-101496", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101496&strTipM=TC&nValor3=0" }, { "id": "norm-101509", "citation": "Decreto 44366", "section": "norms", "doc_type": "executive_decree", "title_en": "National Action Plan for Artisanal and Small-Scale Gold Mining", "title_es": "Plan Nacional de Acción para la Extracción de Oro Artesanal y en Pequeña Escala", "summary_en": "This decree formalizes the National Action Plan (NAP) for artisanal and small-scale gold mining (ASGM) in Costa Rica, in compliance with the Minamata Convention on Mercury. It establishes an inter-institutional framework to address the technical, legal, socioeconomic, environmental, gender, and public health dimensions of ASGM. A Steering Committee is created, chaired by the Geology and Mines Directorate and including SETENA, DIGECA, and the Ministry of Health, tasked with coordinating plan implementation from 2023 to 2030. The NAP aims to progressively reduce mercury use, improve traceability of its legal trade, and ensure safe conditions for human health and the environment, in line with the principles of prevention and precaution. Responsible public institutions must carry out coordinated actions to achieve its objectives.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "06/03/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101509.json", "html_url": "/legal/doc/norm-101509", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101509&strTipM=TC&nValor3=0" }, { "id": "norm-101512", "citation": "Circular 9", "section": "norms", "doc_type": "circular", "title_en": "Modification of Minimum Environmental Management Controls — Paper Consumption", "title_es": "Modificación de Controles Mínimos de Gestión Ambiental — Consumo de Papel", "summary_en": "Circular No. 9-2024 from the Judicial Branch's Superior Council modifies the Minimum Environmental Management Controls related to paper consumption, originally approved in 2022. It updates Table No. 9, which details activities and IT systems aimed at reducing paper use across all judicial offices. The circular reinforces the use of tools such as the Integrated Electronic Correspondence System (SICE), electronic procurement offers, the system for Seized Vehicles, and electronic issuance of criminal record certificates. For systems like Proposición Inteligente de Nombramientos (PIN), Plan Anual Operativo (PAO), Sistema Específico de Valoración de Riesgos (SEVRI), and Plan Autoevaluación Institucional (PAI), it instructs to enhance their digital use and avoid unnecessary printing, except to serve vulnerable populations or where digital gaps exist. It also promotes electronic management of administrative documents like vacation forms, on-duty rosters, and meeting minutes. The amendment aims to standardize processes, leverage technology, obtain reliable data, and reduce paper consumption institution-wide.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101512.json", "html_url": "/legal/doc/norm-101512", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101512&strTipM=TC&nValor3=0" }, { "id": "norm-101537", "citation": "Resolución 011", "section": "norms", "doc_type": "resolution", "title_en": "General Management Plan for the Caraigres and Quebrada Rosario Protective Zones", "title_es": "Plan General de Manejo de las Zonas Protectoras Caraigres y Quebrada Rosario", "summary_en": "This resolution by the National Council of Conservation Areas (CONAC) approves and formalizes the General Management Plan (PGM) for the Caraigres and Quebrada Rosario Protective Zones, located in the Central Conservation Area. The plan establishes conservation objectives focused on the preservation of water resources, ecosystem services and forested areas of importance for the Central Valley. It defines a zoning system with four intervention levels — minimal/none, low, medium and high — based on slope, forest cover and land use capability criteria. For each zone, permitted and restricted uses are specified, integrating provisions from the Forestry Law, Biodiversity Law and related regulations. Four focal management elements (puma, goldfinch, water resources and forest) are prioritized, and conservation, protection, territorial regularization, knowledge and public participation strategies are articulated. The document is a binding planning instrument that guides the management and sustainable use of both protective zones.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788" ], "date": "06/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101537.json", "html_url": "/legal/doc/norm-101537", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101537&strTipM=TC&nValor3=0" }, { "id": "norm-101538", "citation": "Resolución 017", "section": "norms", "doc_type": "resolution", "title_en": "Executive Summary of the Carara National Park Management Plan", "title_es": "Resumen Ejecutivo del Plan de Manejo Parque Nacional Carara", "summary_en": "This document formalizes the General Management Plan (GMP) for Carara National Park, approved by the National Council of Conservation Areas (CONAC) through Resolution R-SINAC-CONAC-017-2023. The plan is based on the ecological and cultural importance of the park, which protects a transition zone between dry and humid tropical forests, hosts exceptional biodiversity with over 420 bird species and numerous threatened and endemic species, and safeguards the Lomas Entierro archaeological site. It establishes zoning in four categories —minimum, low, medium, and high intervention— defining allowed uses in each area, ranging from scientific research and monitoring in pristine zones to tourism and environmental education in higher intervention areas. It also details five strategic programs covering sustainable tourism, environmental education, administrative management, protection of natural and cultural resources, and wildlife management and research. The GMP is subject to review every five years and aims to ensure long-term conservation of ecosystems, biodiversity, and archaeological heritage while fostering the socioeconomic development of surrounding communities.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "archaeological-heritage-6703" ], "date": "25/08/2022", "year": "2022", "json_url": "/data/legal/docs/norm-101538.json", "html_url": "/legal/doc/norm-101538", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101538&strTipM=TC&nValor3=0" }, { "id": "norm-101567", "citation": "Acuerdo 052", "section": "norms", "doc_type": "agreement", "title_en": "Fishing Ban on Sardine Ophistonema sp with Any Type of Net", "title_es": "Veda de pesca de sardina Ophistonema sp con cualquier tipo de red", "summary_en": "The Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) decrees a temporary ban on sardine Ophistonema sp fishing from March 1 to May 31, 2024, in the Costa Rican Pacific, dividing the area into Zone C (Gulf of Nicoya) and Tárcoles Zone. In Tárcoles, one of three semi-industrial sardine seiners is allowed to fish one day per week to supply bait to the national fleet, with mandatory inspection of all landings. The incidental catch limit of no more than 10% established in Agreement AJDIP/049-2020 is maintained, and coordination with the National Coast Guard Service is established to enforce against illegal fishing. The measure aims to protect the resource during its reproductive period and ensure its sustainability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101567.json", "html_url": "/legal/doc/norm-101567", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101567&strTipM=TC&nValor3=0" }, { "id": "norm-101568", "citation": "Reglamento municipal 12", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Santa Cruz Municipal Regulation on Organization and Collection of Rates for Ordinary Waste, Street Cleaning, and Parks and Green Areas Maintenance Services", "title_es": "Reglamento para la organización y cobro de tasas por servicios de residuos ordinarios, limpieza de vías y mantenimiento de parques y zonas verdes de la Municipalidad de Santa Cruz", "summary_en": "This regulation of the Municipality of Santa Cruz establishes the framework for organizing and collecting rates for ordinary waste collection, adequate final treatment and disposal, public street cleaning, and park and green area maintenance services. It defines obligations of the municipality and taxpayers, classifies rates into categories such as social interest, residential, commercial, and industrial, and details weighting criteria based on vulnerability, property value, and volume of waste generated. It includes provisions on the taxable event for each service, enforceability and prescription of tax debts, and the procedure for modifying rates, which requires a financial study, approval of the Municipal Council, public consultation, and publication in La Gaceta. It also provides incentives for participants in integrated waste management, such as differentiated rates, and regulates administrative claims and appeals. As a municipal norm subordinate to the law, its purpose is to finance these local services, with scope over all properties in the canton, including those with valid construction permits and mass events.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "21/03/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101568.json", "html_url": "/legal/doc/norm-101568", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101568&strTipM=TC&nValor3=0" }, { "id": "norm-101600", "citation": "Resolución 0003", "section": "norms", "doc_type": "resolution", "title_en": "Amendment to Requirements for Registration in the Registry of Agricultural and Fishery Products", "title_es": "Reforma a los requisitos para inscripción en el registro de productos agropecuarios y pescadores", "summary_en": "This joint resolution by the Ministry of Agriculture and Livestock (MAG) and the General Directorate of Taxation amends Article 4 of Resolution MAG-DGT-R-52-2019. The amendment expressly includes marine aquaculture (class 0321) and freshwater aquaculture (class 0322) within the list of economic activities that allow an agricultural producer to register in the MAG's Unified Registry of Agricultural Producers. The modification corrects an omission that discriminated against marine aquaculturists, aligning the regulation with the Costa Rican Classification of Economic Activities (CAECR-2011). Registration in this registry is a prerequisite for agricultural producers and commercial fishermen to access the reduced 1% Value Added Tax (VAT) rate on the acquisition of goods and services related to the basic tax basket.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101600.json", "html_url": "/legal/doc/norm-101600", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101600&strTipM=TC&nValor3=0" }, { "id": "norm-101619", "citation": "Decreto 44395", "section": "norms", "doc_type": "executive_decree", "title_en": "Procedure to Demonstrate Equivalence with a Costa Rican or Central American Technical Regulation", "title_es": "Procedimiento para demostrar equivalencia con un Reglamento Técnico de Costa Rica o Centroamericano", "summary_en": "This Executive Decree establishes the administrative procedure for an interested party to demonstrate that a normative document (international, regional, or national standard, or a technical regulation from another country) is equivalent to a national or Central American technical regulation. Equivalence allows the conformity assessment results of that document to be accepted for compliance with the local technical regulation, facilitating trade without sacrificing legitimate objectives. The procedure consists of two stages: first, a technical evaluation by the National Standards Body (ENN) on the equivalence of specified requirements and test methods; and second, an evaluation by the National Competent Authority (ANC) on the equivalence of the conformity assessment procedure. Both stages have resolution deadlines. Granted equivalence can be indefinite but is subject to review if normative documents change. The decree repeals the previous regulation (Executive Decree 38849-MEIC) and applies to all products subject to technical regulations, with specific exclusions (such as products requiring sanitary registration). It aligns with Costa Rica's commitments under the World Trade Organization.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101619.json", "html_url": "/legal/doc/norm-101619", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101619&strTipM=TC&nValor3=0" }, { "id": "norm-101638", "citation": "Decreto 44370", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of National Convenience for the Fifth Expansion Project of the Metropolitan Aqueduct", "title_es": "Declaratoria de conveniencia nacional del Proyecto Quinta Ampliación del Acueducto Metropolitano", "summary_en": "This decree declares the Fifth Metropolitan Aqueduct Expansion Project (PAAM), developed by the Costa Rican Institute of Aqueducts and Sewers (AyA), to be of national convenience. The project involves diverting 2.1 to 4.6 m³/s of water from the ICE's Río Macho Hydroelectric Plant to the Central Valley via tunnels and pipelines for potabilization and distribution, aiming to address the current insufficient production of the metropolitan aqueduct, which serves over one million people—208,900 of whom face availability problems in summer—and meet demand until 2035. The declaration authorizes targeted tree cutting, including within the Cerros de la Carpintera Protective Zone, outside State Natural Heritage lands. AyA must secure forestry permits from SINAC, comply with the environmental viability granted by SETENA (Resolution 1600-2021-SETENA), and implement approved mitigation and compensation measures. Article 5 instructs the public administration to expedite project-related procedures.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "water-law" ], "date": "13/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101638.json", "html_url": "/legal/doc/norm-101638", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101638&strTipM=TC&nValor3=0" }, { "id": "norm-101674", "citation": "Reglamento municipal 201", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Santa Bárbara Urban Development and Road Regulations", "title_es": "Reforma del Reglamento de Desarrollo Urbano y Vialidad de Santa Bárbara", "summary_en": "The Municipal Council of Santa Bárbara approved an amendment to two municipal regulations: the Urban Development Regulation for the district head quadrants and the Road and Transportation Regulation. For the former, articles 2 through 7 are repealed, and the urban planning provisions and parameters of Executive Decree No. 25902, the INVU Subdivisions and Urbanizations Regulation, and the INVU Construction Regulation shall apply henceforth, maintaining in force articles 1 and 8 on the delimitation of the urban quadrants of the district heads (Santa Bárbara, San Pedro, San Juan, Jesús, Santo Domingo, and Purabá) and their expansion zones. For the Road and Transportation Regulation, articles 1 through 11, 15, and 16 are repealed, instructing the application of various national laws and regulations on public roads, road administration, transit, and construction, retaining only articles 12, 13, and 14. The reform was published in the official gazette for effectiveness against third parties.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/03/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101674.json", "html_url": "/legal/doc/norm-101674", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101674&strTipM=TC&nValor3=0" }, { "id": "norm-101681", "citation": "Directriz 038", "section": "norms", "doc_type": "directive", "title_en": "Directive on measures for the closure of La Amistad bridge over the Tempisque River", "title_es": "Directriz de medidas ante el cierre del puente La Amistad sobre el río Tempisque", "summary_en": "Directive No. 038-P-MOPT-MSP-MEP, issued by the Presidency of the Republic and the Ministries of Public Works and Transport, Governance, and Education, orders public sector institutions to implement a series of measures to mitigate the impact of the temporary closure of the La Amistad de Taiwán bridge over the Tempisque River, scheduled from April 1 to August 1, 2024. The intervention is necessary due to structural damage to pile 8, the expansion joint, and other elements, aggravated by seismic activity and an accident. The directive provides that MOPT will set up docks on both banks of the river, supply life jackets and fuel for the cabotage service, and reinforce traffic police. The Ministry of Governance will provide security for users, and INA will provide boats and a bus for transportation. The MEP will ensure educational continuity through autonomous work and provide vehicles for teachers and administrative staff, authorizing exceptional personnel transfers. It also envisages opening roads on private properties with owners' authorization and invites private parties to collaborate. The directive is based on the need to guarantee the public interest and mobility of the affected population, especially students, workers, and public officials.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/03/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101681.json", "html_url": "/legal/doc/norm-101681", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101681&strTipM=TC&nValor3=0" }, { "id": "norm-101700", "citation": "Decreto 44386", "section": "norms", "doc_type": "executive_decree", "title_en": "Accession to the International Convention for the Conservation of Atlantic Tunas", "title_es": "Adhesión al Convenio Internacional para la Conservación del Atún del Atlántico", "summary_en": "This executive decree formalizes Costa Rica's accession to the International Convention for the Conservation of Atlantic Tunas (ICCAT) and its Protocol of Amendments, adopted on November 18, 2019. The accession was previously approved by the Legislative Assembly through Law No. 10414 of November 14, 2023. The decree, issued by the President of the Republic and the Minister of Foreign Affairs and Worship, establishes that the accession enters into force as of its signature date, February 12, 2024. With this action, Costa Rica becomes a Party to ICCAT, committing to cooperate in the conservation and management of tuna and tuna-like species in the Atlantic Ocean and adjacent seas, which includes adopting fisheries management measures, scientific research, and compliance control to ensure the sustainability of these marine resources.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101700.json", "html_url": "/legal/doc/norm-101700", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101700&strTipM=TC&nValor3=0" }, { "id": "norm-101738", "citation": "Resolución 0012", "section": "norms", "doc_type": "resolution", "title_en": "Amendment to Generation Tariff Methodology — T-UD Rate as Maximum", "title_es": "Modificación Metodología Tarifaria Generación Eléctrica — Tarifa T-UD como Máxima", "summary_en": "This resolution by the Public Services Regulatory Authority (Aresep) partially amends the Ordinary Tariff Methodology for the Electric Power Generation Service provided by Public Operators and Rural Electrification Cooperatives (RJD-141-2015). The core change transforms the T-UD rate (applied to direct users of ICE's generation system) from a single or fixed rate to a maximum (ceiling) rate. This provides ICE with greater flexibility to negotiate final prices at or below the maximum rate, aiming to attract investment, promote incremental consumption, facilitate the sale of surplus energy, and support decarbonization, in line with the National Development Plan, the National Decarbonization Plan, and the Green Hydrogen Policy. The amendment was processed under file IRM-009-2023, included a public hearing, and is grounded in Aresep's tariff and normative powers under Law 7593. It establishes different settlement rules for non-incremental consumption (recognized at the maximum rate) and incremental consumption (at the agreed rate).", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/03/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101738.json", "html_url": "/legal/doc/norm-101738", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101738&strTipM=TC&nValor3=0" }, { "id": "norm-101739", "citation": "Reglamento 21", "section": "norms", "doc_type": "regulation", "title_en": "Technical Regulation for Water Supply, Sanitary Sewerage, and Hydrants (AR-RT-SUMAAH-2023)", "title_es": "Reglamento Técnico de Acueducto, Alcantarillado e Hidrantes (AR-RT-SUMAAH-2023)", "summary_en": "This regulation, issued by the Public Services Regulatory Authority (Aresep), comprehensively updates the conditions for providing water supply, sanitary sewerage, and hydrant services in Costa Rica. It establishes obligations for providers and subscribers, user rights, complaint and reporting procedures, and service quality, continuity, and quantity parameters. It includes an environmental protection chapter, requiring providers to develop water resource conservation plans, waste management, and pollution control. It repeals the previous AR-PSAYA-2015 regulation and its amendments, and is based on Law 7593, the constitutionally recognized human right to water, and national and international sanitation and sustainability policies.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "environmental-law-7554" ], "date": "19/03/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101739.json", "html_url": "/legal/doc/norm-101739", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101739&strTipM=TC&nValor3=0" }, { "id": "norm-101740", "citation": "Resolución 0014", "section": "norms", "doc_type": "resolution", "title_en": "Partial amendment to the Reference Tariff Methodology for new private hydroelectric generation plants", "title_es": "Modificación parcial a la Metodología tarifaria de referencia para plantas de generación privada hidroeléctricas nuevas", "summary_en": "This resolution by the ARESEP Board of Directors partially amends the tariff methodology for new private hydroelectric plants, originally approved by RJD-152-2011 and its amendments. The changes respond to an ICE appeal that identified two issues in the current methodology: (1) lack of clarity on the price index to update operating costs, causing uncertainty in tariff settings; and (2) distortions in calculating the average investment amount due to grouping plants with different capacities, without specifying whether a simple or weighted average should be used. The resolution specifies that operating costs will be updated using the BCCR manufacturing price index, and that the unit investment amount will be calculated using a simple average of investment costs per installed kW from all new hydroelectric plants with capacity ≤ 20 MW, eliminating the previous grouping. It also adds a transitional provision requiring the Energy Regulatory Authority to initiate a new tariff proceeding within 60 calendar days after the changes take effect. The decision rests on ARESEP's exclusive authority to set tariffs and methodologies, the cost-of-service principle, and the goal of promoting transparency, efficiency, and regulatory improvement. The amendment underwent a virtual public hearing with no opposition.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101740.json", "html_url": "/legal/doc/norm-101740", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101740&strTipM=TC&nValor3=0" }, { "id": "norm-101741", "citation": "Acuerdo 142", "section": "norms", "doc_type": "agreement", "title_en": "Guiding Principles of the Papagayo Gulf Tourism Zone Master Plan", "title_es": "Principios orientadores del Plan Maestro General del Polo Turístico Golfo de Papagayo", "summary_en": "Agreement SJD-142-2023 of the Costa Rican Tourism Institute (ICT) establishes guiding principles for the use of colors on visible external facades of tourist developments within the Papagayo Gulf Tourism Zone (PTGP). It prescribes a color palette inspired by earth tones (browns, sands, and greens) that must predominate on at least 90% of surfaces. Colors must be muted and recessive, with a light reflectance value (LRV) between 20% and 60%, to mitigate light impact and promote camouflage with the natural environment, archaeological heritage, and cultural context. Accent colors are allowed on up to 10% of facades. The Executive Directorate of the PTGP must approve the colors proposed by concessionaires, who must submit documentation detailing colors, LRV, and coverage percentages. The agreement is based on the objective of maintaining high-quality international tourism development in harmony with the region's ecosystem characteristics, and falls within the ICT's authority to issue design guidelines to prevent visual degradation of the landscape.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "02/05/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101741.json", "html_url": "/legal/doc/norm-101741", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101741&strTipM=TC&nValor3=0" }, { "id": "norm-101751", "citation": "Decreto 44367", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of EIA Technical Manuals Parts II and IV", "title_es": "Derogatoria de los Manuales de EIA Partes II y IV", "summary_en": "This executive decree formally repeals two technical manuals that previously governed the environmental impact assessment (EIA) process in Costa Rica: the Manual of Technical Instruments for the EIA Process – Part II (Decree No. 32712-MINAE) and the Manual of Technical Instruments for the EIA Process – Part IV (Decree No. 32966-MINAE). The repeal is based on the entry into force of the new Regulation for Environmental Assessment, Control and Monitoring (Decree No. 43898-MINAE-S-MOPT-MAG-MEIC), published in December 2022 and effective as of August 2023, which integrates and updates all necessary technical information into a single regulatory instrument. The decree emphasizes that the measure does not entail environmental regression or modify procedures for the public, and responds to the need to simplify requirements in compliance with the Law for the Protection of Citizens from Excessive Administrative Requirements and Procedures (Law No. 8220).", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "05/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101751.json", "html_url": "/legal/doc/norm-101751", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101751&strTipM=TC&nValor3=0" }, { "id": "norm-101753", "citation": "Decreto 44397", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Utility of the Association Friends of the Torres River", "title_es": "Declaratoria de Utilidad Pública de la Asociación Amigos del Río Torres", "summary_en": "Executive Decree No. 44397-MJP declares the Association Friends of the Torres River to be of public utility for State interests. The association is dedicated to the recovery, protection, and restoration of the Torres River micro-watershed and its interurban biological corridor. The declaration is based on Article 32 of the Associations Law, which empowers the Executive Branch to grant such recognition to entities whose activities address social needs. The association's statutory purposes include promoting river cleanup and recovery initiatives, mapping pollution sources, environmental education, fostering socio-environmental sustainability, and developing conservation-compatible enterprises. The decree requires annual management reports to the Ministry of Justice and Peace, and grants income-tax exemption for income and assets exclusively used for public and environmental protection purposes, subject to tax oversight. It takes effect upon publication in the official gazette.", "primary_topic_id": null, "topic_ids": [], "date": "12/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101753.json", "html_url": "/legal/doc/norm-101753", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101753&strTipM=TC&nValor3=0" }, { "id": "norm-101776", "citation": "Decreto 44405", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Law for the Rescue, Strengthening and Sustainability of the National Palm Sector", "title_es": "Reglamento a la Ley para el rescate, fortalecimiento y la sostenibilidad del sector Palmero Nacional", "summary_en": "This executive decree regulates Law No. 9817, aimed at rescuing, strengthening, and ensuring sustainability of the Costa Rican palm oil sector. It establishes the operational framework for Trust No. 955 Ministry of Finance-Banco Nacional de Costa Rica, defining its objectives, participants, assets, financing mechanisms, types of guarantees, and loan application processes. It details the institutional structure, including the Interinstitutional Commission (CIFOPALMA) and its Technical Body, responsible for setting credit policies and overseeing execution. The regulation covers aspects such as guarantees, counter-guarantees, debt restructuring, subsidized interest rates, and financing for innovation projects, precision agriculture, soil health, and insurance. It promotes sector competitiveness through coordination among public and private institutions, and sets requirements for small and medium producers to access credit for improving productivity and sustainability of oil palm cultivation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101776.json", "html_url": "/legal/doc/norm-101776", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101776&strTipM=TC&nValor3=0" }, { "id": "norm-101788", "citation": "Decreto 44421", "section": "norms", "doc_type": "executive_decree", "title_en": "Environmental Parks Regulation for Separation, Treatment, Recovery and Final Disposal of Solid Waste", "title_es": "Reglamento de parques ambientales para la separación, tratamiento, aprovechamiento y disposición final de residuos sólidos", "summary_en": "Executive Decree No. 44421-S establishes the technical, sanitary, and siting requirements for environmental parks (landfills) in Costa Rica focused on separation, treatment, valorization, and final disposal of solid waste. It defines key terms such as cells, leachate, sanitary landfill, and open dump. The regulation outlines the procedure for construction plan review, sanitary operating permits, and authorized waste manager certificates before the Ministry of Health. It details specifications for impermeabilization, daily and final cover, gas and leachate management, and environmental monitoring. Operational requirements, post-closure maintenance, and prohibition of open burning and scavenging are included. It provides a framework for closing and converting existing dumps, establishes operational reporting duties, and reinforces cross-control mechanisms. The regulation aims to protect public health and the environment, aligning with international commitments like the Paris Agreement and OECD standards.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "04/03/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101788.json", "html_url": "/legal/doc/norm-101788", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101788&strTipM=TC&nValor3=0" }, { "id": "norm-101794", "citation": "Acuerdo 094", "section": "norms", "doc_type": "agreement", "title_en": "Total fishing ban in the Gulf of Nicoya, May–July 2024", "title_es": "Veda total de pesca en el Golfo de Nicoya, mayo a julio 2024", "summary_en": "INCOPESCA Agreement AJDIP/094-2024 establishes a total fishing ban in a delimited area of the Gulf of Nicoya from May 1st to July 31st, 2024, with specific exceptions and conditions. The measure is based on technical criteria from the Directorate of Fisheries and Aquaculture Management and studies from the Research Department, including findings on low incidental catch by the semi-industrial sardine fleet. During June and July, semi-industrial sardine vessels are permitted to enter a designated zone to supply bait to the national fleet, with discharge inspections and a maximum 10% limit on incidental catch of non-target species. Exceptions to the ban include barracuda fishing with hand lines by authorized small-scale fishers, small-scale commercial tourism and sport fishing tournaments during the school break in a delimited area, extraction of pianguas (clams), marine cultures, and subsistence fishing for domestic consumption under previous conditions. Research activities under the croaker fishery project are also authorized under a special schedule, and coordination with the National Coast Guard Service and other entities is established for control and surveillance.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "16/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101794.json", "html_url": "/legal/doc/norm-101794", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101794&strTipM=TC&nValor3=0" }, { "id": "norm-10180", "citation": "Ley 7152", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Ministry of Environment and Energy", "title_es": "Ley Orgánica del Ministerio del Ambiente, Energía", "summary_en": "Law 7152 (enacted in 1990) transforms the former Ministry of Industry, Energy and Mines into the Ministry of Environment and Energy and designates it as the lead entity for the natural resources, energy and mines sector. The law lists the ministry's functions: formulating policies on natural resources, energy and mines; promoting and overseeing legislation on conservation and rational use of those resources; issuing mandatory regulations via executive decree; and granting permits and concessions. It sets out the internal structure (General Forestry Directorate, Wildlife Directorate, National Parks Service, among others) and transfers to the new ministry the administration of state forests and forest lands previously held by the Ministry of Agriculture and Livestock. It also amends several articles of the Forestry Law, the Wildlife Conservation Law and the National Parks Service Law to align their advisory councils with the new institutional framework. The law repeals all prior provisions that conflict with it.", "primary_topic_id": null, "topic_ids": [], "date": "05/06/1990", "year": "1990", "json_url": "/data/legal/docs/norm-10180.json", "html_url": "/legal/doc/norm-10180", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=10180&strTipM=TC&nValor3=0" }, { "id": "norm-101816", "citation": "Decreto 44420", "section": "norms", "doc_type": "executive_decree", "title_en": "National Policy for Integrated Waste Management 2023-2033", "title_es": "Política Nacional para la Gestión Integral de Residuos 2023-2033", "summary_en": "This decree formalizes the National Policy for Integrated Waste Management 2023-2033 and its first action plan, the National Plan for Integrated Waste Management 2023-2028. It establishes the strategic framework for integrated waste management in Costa Rica, aligned with international standards such as those of the OECD. The policy is mandatory for public institutions, the private sector, and civil society, with a focus on human rights, gender equality, transparency, and just transition. The Ministry of Health serves as the governing body, responsible for implementation, evaluation, and periodic review of the plan. The decree imposes no new procedures or requirements on citizens, but rather consolidates principles and strategic actions to address the environmental and public health impacts of inadequate waste management.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101816.json", "html_url": "/legal/doc/norm-101816", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101816&strTipM=TC&nValor3=0" }, { "id": "norm-101842", "citation": "Directriz 039", "section": "norms", "doc_type": "directive", "title_en": "Directive 039-S — Municipal management of recoverable organic waste", "title_es": "Directriz 039-S — Gestión de residuos orgánicos valorizables por las municipalidades", "summary_en": "Directive 039-S, issued by the President and the Minister of Health, instructs the Ministry of Health and the Municipal Development and Advisory Institute (IFAM) to build a planning process with municipalities to implement the separation, collection, recovery, and treatment of recoverable organic waste. The directive is grounded in the constitutional right to a healthy environment and the State’s duty to protect public health, noting that organic waste represents about 55% of ordinary waste generated in the country and that only 3.77% was composted in 2019. It orders a timeline for phased incorporation of selected municipalities until full national coverage is achieved, and that IFAM provide regulatory, financial, and logistical support. The directive fits within the National Strategy for Waste Separation, Recovery and Valorization (Executive Decree 39760-S) and the National Composting Plan 2020-2050, promoting a circular economy and social co-responsibility.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101842.json", "html_url": "/legal/doc/norm-101842", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101842&strTipM=TC&nValor3=0" }, { "id": "norm-101889", "citation": "Ley 10473", "section": "norms", "doc_type": "law", "title_en": "National Quality System Law", "title_es": "Ley del Sistema Nacional para la Calidad", "summary_en": "This law establishes Costa Rica's National Quality System (SNC) as a structural framework for quality development, demonstration, and regulation. It creates and regulates the National Quality Council (Conac), the Costa Rican Metrology Laboratory (Lacomet), the Costa Rican Accreditation Entity (ECA), the National Standardization Entity (ENN), the National Technical Regulation Council (Conart), and the National Codex Alimentarius Committee. It defines their functions in metrology, accreditation, standardization, technical regulation, conformity assessment, and market surveillance. It sets principles of harmonization, trade non-obstruction, participation, transparency, and impartiality. Public entities must use conformity assessment bodies accredited or recognized by ECA. It regulates certification marks and provides for market surveillance measures. Within its scope, it touches on environmental, health, and safety protection as legitimate objectives in technical regulations and conformity assessment, making it relevant to technical standards that may affect environmental compliance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101889.json", "html_url": "/legal/doc/norm-101889", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101889&strTipM=TC&nValor3=0" }, { "id": "norm-101891", "citation": "Resolución 135", "section": "norms", "doc_type": "resolution", "title_en": "PSA Program: distribution and payments 2024", "title_es": "Programa PSA: distribución y montos 2024", "summary_en": "This ministerial resolution sets spending limits, hectare distribution, and payment amounts for the Payment for Environmental Services (PSA) Program for 2024. It defines two main modalities: Forest Cover Recovery (reforestation with fast- and medium-growth species, short-rotation plantations, natural regeneration, and agroforestry systems) and Forest Cover Maintenance (forest management and forest protection, the latter to be implemented in the second four-month period). It also enables Forest Emission Reduction Contracts (CREF) for up to 450,000 hectares, funded by resources from the ERPA agreement with the International Bank for Reconstruction and Development. The resolution details per-hectare or per-tree payment amounts, contract terms, minimum growth thresholds (diameter and height) for payment eligibility, and special conditions, including the possibility of adjusting the distribution based on budget availability. Fonafifo is instructed to include contractual clauses on forestry supervision, monitoring, non-compliance, and coordination with the CCSS for beneficiaries in arrears.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "29/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101891.json", "html_url": "/legal/doc/norm-101891", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101891&strTipM=TC&nValor3=0" }, { "id": "norm-101897", "citation": "Tratados Internacionales 10414-A", "section": "norms", "doc_type": "treaty", "title_en": "International Convention for the Conservation of Atlantic Tunas", "title_es": "Convenio Internacional para la Conservación del Atún del Atlántico", "summary_en": "This law approves Costa Rica's accession to the International Convention for the Conservation of Atlantic Tunas (ICCAT) and its 2019 Protocol of Amendment. The Convention establishes an international commission for the conservation and sustainable use of tunas and related species in the Atlantic. It incorporates modern principles such as the precautionary and ecosystem approaches and the use of best available scientific evidence. It defines the structure and operation of the Commission, including sub-commissions by species or area, a Council, and a Secretariat. It regulates the adoption of conservation recommendations, which are binding on the parties unless a reasoned objection is filed. It introduces dispute settlement mechanisms, including arbitration. The 2019 Protocol updates the text to reflect contemporary international standards, strengthen decision-making by consensus, and regulate the participation of non-state fishing entities. As a developing coastal State in the Caribbean, Costa Rica will participate with full rights and obligations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101897.json", "html_url": "/legal/doc/norm-101897", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101897&strTipM=TC&nValor3=0" }, { "id": "norm-101898", "citation": "Tratados Internacionales 10414-B", "section": "norms", "doc_type": "treaty", "title_en": "Protocol Amending the International Convention for the Conservation of Atlantic Tunas", "title_es": "Protocolo de Enmienda al Convenio Internacional para la Conservación del Atún del Atlántico", "summary_en": "This document is the legislative approval by Costa Rica of its accession to the International Convention for the Conservation of Atlantic Tunas (ICCAT) and its Protocol of Amendment adopted in 2019. The Protocol updates the 1966 Convention to strengthen the conservation and sustainable use of tunas, related species, and oceanic elasmobranchs in the Atlantic. It introduces the precautionary and ecosystem approaches, establishes a Council, modifies decision-making procedures (consensus and two-thirds majority), and creates dispute settlement mechanisms including binding arbitration. It also regulates the participation of fishing entities such as Chinese Taipei. Costa Rica, as a developing coastal State, declares its acceptance of all rights and obligations as a Contracting Party. The law approves the accession and the texts of the Convention and Protocol, which form an integral part thereof.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-101898.json", "html_url": "/legal/doc/norm-101898", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101898&strTipM=TC&nValor3=0" }, { "id": "norm-101916", "citation": "Reglamento municipal 312", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Operation and Administration of the La Unión Municipal Aqueduct", "title_es": "Reglamento para la operación y administración del acueducto de la Municipalidad de La Unión", "summary_en": "This municipal regulation establishes the legal framework for the provision of potable water, sanitation, and fire hydrant services by the Municipality of La Unión. It defines the rights and obligations of both the Municipality and subscribers/users, including service availability, requirements for new connections, tariff classification (residential, commercial, reproductive, preferential, special, subsidized, provisional), billing procedures, meter readings, adjustments for leaks or errors, service suspension for non-payment, reconnection, and provisions for condominiums and developments. It also regulates subscriber prohibitions —such as fraud, illegal reconnections, and unauthorized uses— and establishes economic and administrative sanctions. The regulation seeks to ensure a continuous, efficient, and equitable service, with special attention to water resource sustainability and protection of vulnerable users through tariff subsidies.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "18/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101916.json", "html_url": "/legal/doc/norm-101916", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101916&strTipM=TC&nValor3=0" }, { "id": "norm-101931", "citation": "Acuerdo 0 (Instituto Nacional de Vivienda y Urbanismo, 29/02/2024)", "section": "norms", "doc_type": "agreement", "title_en": "Guide for Incorporating Disaster Risk Management and Climate Change into Cantonal Regulatory Plans", "title_es": "Guía para incorporación de GDR y CC en planes reguladores cantonales", "summary_en": "The National Institute of Housing and Urbanism (INVU), as the competent body for territorial planning, approved the 'Guide for Incorporating Disaster Risk Management and Climate Change into Cantonal Regulatory Plans' through a Board of Directors Agreement. Prepared with AFD funds and technical support from the National Emergency Commission, the National Meteorological Institute, and the Federated College of Engineers and Architects, the guide fulfills a commitment made to the International Monetary Fund. Its purpose is to provide municipalities with a technical tool to integrate disaster risk management (DRM) and climate change adaptation (CC) into the drafting and revision of regulatory plans. The guide sets out methodological guidelines for assessing natural hazards, vulnerability, and climate scenarios, promoting more resilient and sustainable urban development. The document is available on the INVU website and, while not a binding norm itself, guides territorial planning in line with national risk reduction and climate change policies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101931.json", "html_url": "/legal/doc/norm-101931", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101931&strTipM=TC&nValor3=0" }, { "id": "norm-101933", "citation": "Acuerdo 0 (Instituto Costarricense de Electricidad, 15/05/2024)", "section": "norms", "doc_type": "agreement", "title_en": "Purchase Price for Energy Surpluses 2024", "title_es": "Precio de compra de excedentes de energía 2024", "summary_en": "The Instituto Costarricense de Electricidad (ICE) announces the purchase price for energy surpluses for 2024, set at ¢26.4 CRC/kWh. This price is pursuant to Resolution RE-0105-IE-2023 issued by the Public Services Regulatory Authority (ARESEP), which sets maximum tariffs for the purchase and sale of energy surpluses from distributed generation. The communication does not establish new regulations or modify existing ones; it simply announces the applicable value for the indicated period, referring to the ICE Group website for further details.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/05/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101933.json", "html_url": "/legal/doc/norm-101933", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101933&strTipM=TC&nValor3=0" }, { "id": "norm-101969", "citation": "Decreto 44415", "section": "norms", "doc_type": "executive_decree", "title_en": "Ratification of the Nagoya Protocol", "title_es": "Ratificación del Protocolo de Nagoya", "summary_en": "This Executive Decree formally ratifies the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, adopted on October 29, 2010, in Japan. The Decree gives effect to prior legislative approval through Law 10372, in compliance with the constitutional procedure for incorporating international treaties into Costa Rican law. This ratification commits Costa Rica to implementing the Protocol's provisions, which establish an international framework for regulating access to genetic resources and ensuring the fair and equitable sharing of benefits arising from their utilization, in harmony with the Convention on Biological Diversity. The Decree provides for its immediate entry into force, representing the formal act by which the Costa Rican State becomes legally bound to this international legal instrument, reinforcing its commitment to the conservation and sustainable use of biodiversity.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "12/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101969.json", "html_url": "/legal/doc/norm-101969", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101969&strTipM=TC&nValor3=0" }, { "id": "norm-101975", "citation": "Resolución 0028", "section": "norms", "doc_type": "resolution", "title_en": "Admissibility Requirements for Electricity Generation Concessions under Law 7200", "title_es": "Requisitos de admisibilidad para concesiones de generación eléctrica bajo Ley 7200", "summary_en": "This resolution by the Board of Directors of ARESEP establishes the admissibility requirements for granting, modifying, extending, and transferring public service concessions for limited-capacity electricity generation under Law 7200. It sets out the documents and legal, tax, labor, and environmental conditions applicants must meet. A key element is the mandatory prior concession for hydraulic force use from MINAE for hydroelectric projects, derived from constitutional protection of water as a public domain asset. It updates the 2008 procedure, incorporates electronic verification of obligations, and underwent public consultation without opposition.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "02/05/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101975.json", "html_url": "/legal/doc/norm-101975", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101975&strTipM=TC&nValor3=0" }, { "id": "norm-101976", "citation": "Decreto 44448", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of the Gulf of Papagayo Tourism Hub Regulation", "title_es": "Reforma Reglamento Polo Turístico Golfo de Papagayo", "summary_en": "This executive decree reforms and adds to the Regulation of the Law Regulating the Gulf of Papagayo Tourism Hub (Decree 25439) to update and simplify concession procedures within the Gulf of Papagayo Tourism Project. It defines key concepts such as public domain asset, concession, fee, and tourism purpose; establishes a maximum concession term of 50 years with the possibility of extensions; details requirements for public tenders, economic capacity, and criminal record clearance of applicants; and introduces procedures for transfers, performance guarantees, access roads, and condominium regime submission. It includes a single annex with specific procedures for project approval, plan approval, fee indexation, and term adjustment. The reform aims to promote efficiency, control, and legal certainty in the development of the tourism hub, ensuring the public tourism purpose.", "primary_topic_id": null, "topic_ids": [], "date": "17/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101976.json", "html_url": "/legal/doc/norm-101976", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101976&strTipM=TC&nValor3=0" }, { "id": "norm-101980", "citation": "Reglamento municipal 208", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to Transitory I of the Poás Aqueduct Regulation", "title_es": "Reforma del Transitorio I del Reglamento del Acueducto de Poás", "summary_en": "The Municipal Council of Poás, in ordinary session 208-2024, unanimously approved a one-year extension of Transitory I of the Regulation for the Operation and Administration of the Poás Municipality Aqueduct. This transitory provision allows residents who have built a structure or dwelling without a municipal construction permit—and where the construction is over three years old—to install a potable water meter by submitting only an authenticated sworn statement. The extension grants one calendar year from the effective date to complete this simplified process. Once the new deadline expires, the procedure lapses, and meter installation must comply with all regulatory requirements. The amendment does not alter other aspects of the aqueduct regulation and was published by unanimous and definitive agreement of the Municipal Council.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-101980.json", "html_url": "/legal/doc/norm-101980", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=101980&strTipM=TC&nValor3=0" }, { "id": "norm-102091", "citation": "Reglamento municipal 120", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Integrated Waste Management in the Canton of San Mateo", "title_es": "Reglamento para la Gestión Integral de Residuos en el Cantón de San Mateo", "summary_en": "This municipal regulation establishes the legal framework for integrated waste management in the canton of San Mateo, pursuant to Law No. 8839. It defines obligations for generators, including source separation of recoverable, organic, and non-recoverable waste; municipal responsibilities for differentiated collection, street sweeping, and green area maintenance; and the fee regime for services provided. It regulates collective storage systems, recovery centers, and final disposal in authorized sanitary landfills. It prohibits mixing hazardous or special management waste with ordinary waste and delivery to unauthorized handlers. It includes non-fiscal incentives for good practices and a sanctioning regime with fines and suspension of licenses for violators.", "primary_topic_id": null, "topic_ids": [], "date": "16/08/2022", "year": "2022", "json_url": "/data/legal/docs/norm-102091.json", "html_url": "/legal/doc/norm-102091", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102091&strTipM=TC&nValor3=0" }, { "id": "norm-102092", "citation": "Resolución 002", "section": "norms", "doc_type": "resolution", "title_en": "Cocos Island National Park General Management Plan 2024", "title_es": "Plan General de Manejo del Parque Nacional Isla del Coco 2024", "summary_en": "Resolution 002-SINAC-ACMC-DR-2024 approves and formalizes the new General Management Plan (GMP) for Cocos Island National Park, an oceanic protected wild area of the National Park category created in 1978 and expanded in 2022. The GMP defines the vision, objectives, and strategies for the conservation of marine and insular biodiversity and the historical-cultural legacy over a 10-year period. It establishes detailed zoning with intervention levels (no, minimal, low, medium, high) in both terrestrial and marine sectors, guiding permitted activities: ecotourism (recreational diving, snorkeling, hiking), scientific research, and environmental education. It incorporates the minimum conservation objectives from Decree 43368, including protection of the Cocos Submarine Ridge, threatened species such as the hammerhead shark and green turtle, and promotion of connectivity within the Eastern Tropical Pacific Marine Corridor. The action plan, with 7 programs and 230 activities, addresses threats like illegal fishing, pollution, and climate change impacts, and is supported by a management model that identifies gaps in human resources, equipment, and infrastructure. The resolution repeals previous management plans (2012, 2018) and orders official publication.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "04/06/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102092.json", "html_url": "/legal/doc/norm-102092", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102092&strTipM=TC&nValor3=0" }, { "id": "norm-102100", "citation": "Directriz 00013", "section": "norms", "doc_type": "directive", "title_en": "Amendment to the Sanitary Symbol (SENASA-DG-D002-2018)", "title_es": "Reforma al Símbolo de Sanidad (SENASA-DG-D002-2018)", "summary_en": "Directive SENASA-DG-00013-2024 amends Directive SENASA-DG-D002-2018, which established the voluntary 'Sanitary Symbol' recognition for operators demonstrating compliance with food safety, environmental management, and continuous improvement standards. The reform eliminates the requirement for an 'Officialized Veterinarian' and the term 'cut', and adds specific requirements for laying hen farms and egg collection centers. It modifies subsections b), i), j), k), and l) of Article 4 regarding requirements for slaughter and processing establishments, adds a new subsection 3 to Article 4 detailing conditions for laying hen farms (traceability, monitoring programs, vaccination, biannual inspections, egg handling), and adjusts Article 7 on the use of the symbol on packaging. This amendment aims to update standards, incentivize adoption of best practices, and facilitate differentiation of animal-origin products for consumers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102100.json", "html_url": "/legal/doc/norm-102100", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102100&strTipM=TC&nValor3=0" }, { "id": "norm-102107", "citation": "Decreto 44473", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to Law 10152 on the Sarapiquí River Basin", "title_es": "Reglamento a la Ley 10152 sobre la Cuenca del Río Sarapiquí", "summary_en": "This regulation implements Law No. 10152 for the sustainable development of the Sarapiquí River basin and protection of its main channel. It establishes the Commission for Sustainable Development of the Sarapiquí River Basin (CODESOSA), comprised of public institutions and civil society organizations, to coordinate integrated water resource management and promote a healthy and ecologically balanced environment. It defines the 1,714.24 km² basin area, the coordinates of the safeguard for the main channel, and CODESOSA's operating procedures, including calls to meetings, quorum, voting, and creation of subcommittees. It regulates the investment of 1% of the water use fee generated in the basin, according to priorities in the annual work plan, and obliges CODESOSA to prepare a five-year strategic plan and annual operational plans. It promotes gender equality in representation and open participation of local residents. It takes effect upon publication.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "15/05/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102107.json", "html_url": "/legal/doc/norm-102107", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102107&strTipM=TC&nValor3=0" }, { "id": "norm-102121", "citation": "Acuerdo 002", "section": "norms", "doc_type": "agreement", "title_en": "Public Zone Demarcation for Mangrove in Esterillos Centro", "title_es": "Delimitación de zona pública en manglar de Esterillos Centro", "summary_en": "This notice officially publishes the georeferenced digital delimitation of the public zone of the Maritime-Terrestrial Zone for a mangrove sector at Esterillos Centro Beach, Parrita district, Puntarenas. The administrative act relies on the National Geographic Institute's authority to demarcate the public zone and on the classification of mangroves as part of the public zone and the State Natural Heritage under Laws 6043 and 7575. The delimitation is defined by two coordinate points in the national CRTM05 system, validated by the Central Pacific Conservation Area (ACOPAC) of SINAC. The notice communicates the registration of the data in the IGN's Georeferenced Digital Geodatabase and clarifies that previous mojon-based demarcations remain valid. This delimitation serves as a foundational instrument for coastal regulatory plans, concession grants, and territorial planning in the area.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "forestry-law-7575", "subdivision-fraccionamiento" ], "date": "20/03/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102121.json", "html_url": "/legal/doc/norm-102121", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102121&strTipM=TC&nValor3=0" }, { "id": "norm-102152", "citation": "Reglamento municipal 04", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Tariff Regulation for Municipal Services of Buenos Aires", "title_es": "Reglamento tarifario servicios municipales Buenos Aires", "summary_en": "This agreement by the Municipal Council of Buenos Aires temporarily modifies the tariff regulation for charging fees for ordinary solid waste management, street and public area cleaning, and park and beautification works maintenance services. The reform temporarily restores the user categories previously used for the waste collection service (Residential, Mixed, Commercial 1 to 4, Institutional 1 and 2, and Industrial) and suspends the application of the categories in Article 16 of the regulation, until a technical study defines the definitive categories. The agreement was unanimously approved at the 04-2024 ordinary session on May 27, 2024, waiving committee proceedings under Article 44 of the Municipal Code. It is a purely administrative act concerning tariffs and local public service management, with no environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/05/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102152.json", "html_url": "/legal/doc/norm-102152", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102152&strTipM=TC&nValor3=0" }, { "id": "norm-102153", "citation": "Decreto 44410", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of Chapters I, II, III, IV and VI of the Water Law", "title_es": "Reglamento a los Capítulos I, II, III, IV y VI de la Ley de Aguas", "summary_en": "This Executive Decree regulates the procedures before the Water Directorate (Dirección de Agua) of the Ministry of Environment and Energy (MINAE) for obtaining surface water use concessions, hydraulic force concessions, temporary extraction permits, in-stream works permits, agricultural drainage discharge permits, registration of water user associations, water body determinations, and other matters. It establishes admissibility requirements (property title, compliance with state obligations), timelines for each stage (edict publication, technical inspections, reports, and resolutions), and technical criteria for gauging, in-stream works, and concession renewal. It includes provisions on oppositions, expiration, administrative appeals, and the use of digital platforms such as SIPECO. It tacitly repeals prior incompatible regulations, modernizing and detailing administrative procedures under Water Law No. 276 and related laws.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "29/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102153.json", "html_url": "/legal/doc/norm-102153", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102153&strTipM=TC&nValor3=0" }, { "id": "norm-102156", "citation": "Decreto 44461", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Utility Declaration for Monteverde Community Fund", "title_es": "Declaratoria de utilidad pública Asociación Fondo Comunitario Monteverde", "summary_en": "Executive Decree No. 44461-MJP declares the Monteverde Community Fund for Sustainable Development association to be of public utility, recognizing its purposes as contributing to sustainable development in the Monteverde region and surrounding communities, thereby addressing a primary social need. The decree entails state acknowledgment of the association's activities, including creating sustainable development opportunities, developing innovative financial programs, promoting communication among sectors, strengthening community groups, and evaluating and monitoring projects. Consequently, the association must submit annual reports to the Ministry of Justice and Peace and may be exempt from income tax on income and assets exclusively allocated to public purposes, environmental protection, or charity, provided they are not distributed among its members. The Tax Administration will oversee compliance with these obligations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102156.json", "html_url": "/legal/doc/norm-102156", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102156&strTipM=TC&nValor3=0" }, { "id": "norm-102162", "citation": "Ley 10481", "section": "norms", "doc_type": "law", "title_en": "Disaffection of Public Road on Calle Tablón, Jiménez de Pococí", "title_es": "Desafectación de camino público en calle Tablón, Jiménez de Pococí", "summary_en": "Law 10481 disaffects from public use and domain a specific road located in the Jiménez district, Pococí canton. Article 1 declares the disaffection of the road indicated in cadastral plan L-361365-1979, on the northern boundary of the property described with real estate folio 7-32192-000. Article 2 specifies the dimensions of the disaffected road: 10 meters wide by 66.16 meters deep, between vertices O and 1 of the same plan. Finally, Article 3 authorizes the State Notary to carry out all necessary procedures, exempting them from taxes, fees or contributions, and to correct any errors or omissions in the property data for proper registration with the National Registry. The law takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/05/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102162.json", "html_url": "/legal/doc/norm-102162", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102162&strTipM=TC&nValor3=0" }, { "id": "norm-102177", "citation": "Reglamento municipal 313", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Use and Control Regulations for Properties 3-175963-000 and 3-210927-000 Tiribí River Environmental Park", "title_es": "Reglamento de uso y control de las propiedades 3-175963-000 y 3-210927-000 Parque Ambiental Río Tiribí", "summary_en": "This municipal regulation from La Unión establishes guidelines for the controlled public use of two municipal properties within the Tiribí River Protected Zone. It defines permitted uses (environmental education, research, ecotourism, recreation) and prohibitions for visitors, with the aim of protecting the water resource and biodiversity. It establishes management by the Environmental Unit, a two-stage entry permit system, and the possibility of charging admission fees. It also includes provisions on sustainable construction, trail management, and visitor obligations. The regulation seeks to harmonize public access with the conservation objectives of the protected zone's management plan.", "primary_topic_id": null, "topic_ids": [], "date": "25/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102177.json", "html_url": "/legal/doc/norm-102177", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102177&strTipM=TC&nValor3=0" }, { "id": "norm-102207", "citation": "Resolución 38", "section": "norms", "doc_type": "resolution", "title_en": "Ordinary methodology for setting tariffs for electricity cogeneration from different biomass sources", "title_es": "Metodología ordinaria para la fijación de tarifas para cogeneración de energía eléctrica con diferentes fuentes de biomasa", "summary_en": "The Public Services Regulatory Authority (ARESEP) approves a new unified tariff methodology for biomass-based electricity cogeneration (including sugarcane bagasse and other sources). This instrument repeals resolutions RJD-004-2010 and RJD-162-2011, consolidating into a single model the calculation of maximum tariffs for private generators selling energy to ICE under Chapter I of Law No. 7200. The methodology abandons the model-plant approach and is based on actual financial-accounting information from each provider (audited financial statements and regulatory accounting), computing a maximum tariff per kWh composed of exploitation costs, investment adjusted by a remaining utilization factor (Fu), and a rate of return (WACC). Tariff flexibility mechanisms are introduced to facilitate purchase-sale negotiations; a detailed calculation procedure with specific information sources is defined; and reporting obligations for cogenerators are established. The proposal underwent two public hearings, incorporating observations from ICE and the Energy Superintendence, and aligns with the national energy policy of diversifying renewable sources and advancing toward decarbonization.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/05/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102207.json", "html_url": "/legal/doc/norm-102207", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102207&strTipM=TC&nValor3=0" }, { "id": "norm-102208", "citation": "Decreto 44486", "section": "norms", "doc_type": "executive_decree", "title_en": "Environmental Noise Control Regulation", "title_es": "Reglamento para el control del ruido ambiental", "summary_en": "Executive Decree No. 44486-S establishes a comprehensive regulatory framework for the prevention and control of noise pollution in Costa Rica. It sets maximum permissible noise emission limits for different receptor zones (residential, commercial, industrial, tranquility, and mixed), distinguishing between daytime and nighttime periods. The regulation imposes obligations on individuals and public and private legal entities; prohibits the use of horns, loudspeakers, and other sound-producing devices that exceed the limits; and details the technical procedure for noise measurement, filing complaints, the inspection powers of the Ministry of Health, and corrective actions or acoustic confinement plans. It repeals previous decrees No. 32692-S and No. 39428-S, and delegates the regulation of vehicular noise and animal noise to other authorities. Its objective is to protect public health and guarantee the constitutional right to a healthy and ecologically balanced environment.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "17/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102208.json", "html_url": "/legal/doc/norm-102208", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102208&strTipM=TC&nValor3=0" }, { "id": "norm-102212", "citation": "Decreto 44510", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for Carmen District, San José", "title_es": "Declaratoria de zona catastrada para Distrito Carmen, San José", "summary_en": "Executive Decree 44510-JP, issued on April 19, 2024, declares the cadastral zone of District 01 Carmen, Canton 01 San José, Province 01 San José, following the completion of cadastral survey work by the Cadastre and Registry Regularization Program. This was done in compliance with the National Cadastre Law 6545 and the loan agreement with the IDB. Prior to issuance, a public display of results was held in October 2023, and any owner objections were resolved. Once declared a cadastral zone, the cadastral data becomes legally binding and the effects of Executive Decree 36830-JP apply. This decree has no direct environmental, forestry, or water regulation implications; it is a purely administrative cadastral regularization act for land registration purposes and does not affect environmental management, forest protection, land-use rules, or subdivision requirements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102212.json", "html_url": "/legal/doc/norm-102212", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102212&strTipM=TC&nValor3=0" }, { "id": "norm-102213", "citation": "Decreto 44511", "section": "norms", "doc_type": "executive_decree", "title_en": "Cadastral Zone Merced District", "title_es": "Zona Catastrada Distrito Merced", "summary_en": "This executive decree declares the 02 Merced District of Canton 01 San José, Province 01 San José, a cadastral zone, following the completion of cadastral surveying by the National Cadastre and Registry Regularization Program. It confirms that the resulting cadastral data were publicly displayed, owner claims were resolved, and the data were declared final by the Real Estate Registry. The declaration is issued under the National Cadastre Law No. 6545 and extends the legal effects and technical specifications of Executive Decree No. 36830-JP to the zone. Upon publication, the district formally enters the regularized cadastral system, providing legal certainty for real property in that area.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102213.json", "html_url": "/legal/doc/norm-102213", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102213&strTipM=TC&nValor3=0" }, { "id": "norm-102214", "citation": "Decreto 44512", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for Hospital District, San José Canton", "title_es": "Declaratoria de Zona Catastrada del Distrito Hospital, Cantón San José", "summary_en": "This executive decree declares District 03 Hospital, in Canton 01 San José, as a cadastral zone, pursuant to the National Cadastre Law No. 6545. The declaration is the administrative act that concludes the cadastral survey of the district, carried out under the Cadastre and Registry Regularization Program. The norm details the technical and legal background, including the reform of the National Registry that integrated the Cadastre into the Real Property Registry, the prior declaration of the entire national territory as a cadastral zone, and the public exhibition of results to property owners. The cadastral data becomes definitive and the zone is subject to the legal effects and technical specifications of Executive Decree No. 36830-JP. It establishes no environmental, territorial planning, or forestry regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102214.json", "html_url": "/legal/doc/norm-102214", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102214&strTipM=TC&nValor3=0" }, { "id": "norm-102215", "citation": "Decreto 44513", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for Catedral District, San José", "title_es": "Declaratoria de zona catastrada para el Distrito Catedral, San José", "summary_en": "This executive decree declares the cadastral zone for Catedral District (04), San José Canton (01), Province of San José, following the completion of the corresponding cadastral survey. The declaration is based on the National Cadastre Law (Law No. 6545) and its regulations, as well as the National Registry Creation Law and other related provisions. It details that the survey was executed by the Cadastre and Registry Regularization Program and that the results were publicly exhibited to property owners, who had the opportunity to express their agreement or disagreement. After resolving any claims, the Property Registry declared the cadastral data as firm. The decree establishes that the cadastral zone is governed by the same legal effects and technical specifications as Executive Decree No. 36830-JP and takes effect upon its publication.", "primary_topic_id": null, "topic_ids": [], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102215.json", "html_url": "/legal/doc/norm-102215", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102215&strTipM=TC&nValor3=0" }, { "id": "norm-102216", "citation": "Decreto 44514", "section": "norms", "doc_type": "executive_decree", "title_en": "Zapote, San José Declared a Cadastral Zone", "title_es": "Declaratoria de zona catastrada para Zapote, San José", "summary_en": "This executive decree officially declares District 05 Zapote of Canton 01 San José as a cadastral zone, in accordance with Article 20 of the National Cadastre Law No. 6545. The declaration follows the completion of the cadastral survey by the Cadastre and Registry Regularization Program, which ended in May 2014, and a public exhibition of results (October 2023) and resolution of claims. As of its publication, the zone is subject to the same legal effects and technical specifications established in Executive Decree No. 36830-JP of 2011. The act consolidates cadastral and registry information, providing legal certainty to property owners in the district.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102216.json", "html_url": "/legal/doc/norm-102216", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102216&strTipM=TC&nValor3=0" }, { "id": "norm-102218", "citation": "Decreto 44516", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of the Uruca District as a cadastral zone", "title_es": "Declaratoria de zona catastrada del Distrito Uruca", "summary_en": "This executive decree formally declares District 07 Uruca, Canton 01 San José, Province 01 San José, as a cadastral zone, pursuant to National Cadastre Law No. 6545. The declaration is based on the completion of the cadastral survey in that area, finished on May 7, 2014, and on the public exhibition process where property owners could express their agreement or disagreement with the results. The Real Estate Registry declared the cadastral data firm and resolved the claims filed, thus officially establishing the cadastral zone, granting it the legal effects and technical specifications set forth in Executive Decree No. 36830-JP. This declaration means that the cadastral information for the district has been verified and made compatible with the Registry, with full effects for the identification and legal certainty of properties.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102218.json", "html_url": "/legal/doc/norm-102218", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102218&strTipM=TC&nValor3=0" }, { "id": "norm-102219", "citation": "Decreto 44517", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for Mata Redonda, San José", "title_es": "Declaratoria de zona catastrada para Mata Redonda, San José", "summary_en": "This executive decree declares the district of Mata Redonda, San José canton, San José province, a cadastral zone, following the completion of the cadastral survey carried out by the Cadastre and Registry Regularization Program. The decree details the legal basis, including the National Cadastre Law and the Real Estate Registry Regulation, and explains that all required steps were fulfilled: public display of results, invitation to property owners, and resolution of claims. The declaration means that the cadastral data for the area are final and official, with the legal effects established in Executive Decree 36830-JP. The decree has no direct connection to environmental regulation; it is a purely registral and cadastral administrative act concerning the delimitation of real estate property in a consolidated urban district, without addressing matters such as forests, water, biodiversity, or environmental assessments.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102219.json", "html_url": "/legal/doc/norm-102219", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102219&strTipM=TC&nValor3=0" }, { "id": "norm-102220", "citation": "Decreto 44518", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for Pavas", "title_es": "Declaratoria de zona catastrada para Pavas", "summary_en": "This executive decree declares the district of Pavas, in the San José canton, as a cadastral zone after completing cadastral surveying by the Cadastre and Registry Regularization Program. This declaration means that the cadastral data (maps, boundaries, and ownership records) for all properties in the district become final and are integrated into the National Cadastre. The process included a public exhibition of results, where owners could express agreement or file claims. The Real Estate Registry resolved the claims and confirmed the data, triggering the legal effects established in earlier laws regarding mandatory cadastral registration. Although it is an administrative regularization act, it does not directly address environmental, forestry, biodiversity, water, or natural resource issues; its content is purely registry-cadastral.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102220.json", "html_url": "/legal/doc/norm-102220", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102220&strTipM=TC&nValor3=0" }, { "id": "norm-102221", "citation": "Decreto 44519", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for Hatillo, San José", "title_es": "Declaración de zona catastrada para Hatillo, San José", "summary_en": "This decree declares District 10 Hatillo of Canton 01 San José as a cadastral zone, pursuant to the National Cadastre Law No. 6545 and its regulations. The cadastral survey was carried out by the Cadastre and Registry Regularization Program, financed by the IDB. Results were presented in a public exhibition from October 10 to 17, 2023, and after resolving claims, the Real Estate Registry declared the cadastral data final on March 6, 2024. The declaration means that survey plans meet technical requirements and cadastral information is integrated into the Real Estate Registry, providing legal certainty regarding the physical and legal status of properties.", "primary_topic_id": null, "topic_ids": [], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102221.json", "html_url": "/legal/doc/norm-102221", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102221&strTipM=TC&nValor3=0" }, { "id": "norm-102222", "citation": "Decreto 44520", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone San Sebastián", "title_es": "Declaratoria de zona catastrada San Sebastián", "summary_en": "This executive decree declares cadastral zone the district 11, San Sebastián, of canton 01 San José, province San José, pursuant to the National Cadastre Law No. 6545 and the Cadastre and Registry Regularization Program. The declaration follows the completion of the cadastral survey in that district, after public exhibition of results, resolution of claims, and final determination of cadastral data by the Real Estate Registry. As a result, survey plans and cadastral information acquire full legal effect, enabling compatibility between the cadastre and the property registry. The decree references the legal effects and technical specifications of Executive Decree No. 36830-JP, which regulates the operation of the declared cadastre. This is a purely registral and cadastral administrative act, without direct environmental implications.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102222.json", "html_url": "/legal/doc/norm-102222", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102222&strTipM=TC&nValor3=0" }, { "id": "norm-102228", "citation": "Decreto 44503", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Regulation for the Rational Use of Energy", "title_es": "Reforma al Reglamento para la Regulación del Uso Racional de la Energía", "summary_en": "This executive decree amends the Regulation for the Rational Use of Energy (Decree No. 25584) by introducing new information requirements on energy efficiency and emissions for vehicle imports. The reform responds to a directive from the Comptroller General's Office, which found the regulatory framework insufficient to promote more efficient vehicles. Article 54 is modified to define regulated vehicles and mandate sworn statements for heavy freight and public transport vehicles. Article 64 is expanded with a detailed list of technical data importers must provide, including city and highway fuel consumption, equivalent CO2 emissions, and applicable emission standards. This data must be submitted annually for new vehicles and per shipment for used ones, and will serve the purposes of Law No. 7447. Articles 55 through 60 of the original regulation are repealed. The rule enters into force six months after its publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/05/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102228.json", "html_url": "/legal/doc/norm-102228", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102228&strTipM=TC&nValor3=0" }, { "id": "norm-102237", "citation": "Decreto 44506", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of public utility declaration for Asociación Planta Recicladora de Basura de Barra del Tortuguero", "title_es": "Derogatoria de declaratoria de utilidad pública de Asociación Planta Recicladora de Basura de Barra del Tortuguero", "summary_en": "Executive Decree No. 44506-MJP, issued on April 8, 2024, repeals the public utility declaration previously granted to Asociación Planta Recicladora de Basura de Barra del Tortuguero de Pococí under Decree No. 37234-JP of June 15, 2012. The repeal is based on the association's failure to submit its annual activity report for 2022, with no justification provided for the non-compliance. The measure relies on the powers granted by the Associations Law and its Regulations, which allow revocation of such benefit when the grounds for its granting cease to exist. The decision illustrates the Executive Branch's authority to withdraw public utility status from entities that do not comply with formal obligations, in this case concerning a waste management organization in an ecologically sensitive area.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102237.json", "html_url": "/legal/doc/norm-102237", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102237&strTipM=TC&nValor3=0" }, { "id": "norm-102239", "citation": "Resolución 0043", "section": "norms", "doc_type": "resolution", "title_en": "Procedure to Determine the Safe Penetration Capacity of Variable Renewable Energy in the National Electric System", "title_es": "Procedimiento para determinar la capacidad de penetración segura de energías renovables variables en el sistema eléctrico nacional", "summary_en": "This resolution of ARESEP's Board of Directors approves the technical procedure for the System Operator (OS) to determine the maximum safe penetration capacity of variable renewable energy sources (wind, solar, run-of-river hydro, and low-capacity reservoir hydro) into the National Electric System (SEN). The procedure sets forth criteria and minimum analyses to be performed by the OS, including studies on transmission capacity, regulation, and historical behavior of variable sources. It is grounded on Law No. 10086 on distributed energy resources, Law No. 7593 creating ARESEP, and the Sectorial Regulation for Electric Services. The OS is ordered to publish and periodically update the maximum and remaining capacity, in order to ensure the safety, quality, and performance of the electric system in light of the growing integration of these technologies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/06/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102239.json", "html_url": "/legal/doc/norm-102239", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102239&strTipM=TC&nValor3=0" }, { "id": "norm-102270", "citation": "Ley 10480", "section": "norms", "doc_type": "law", "title_en": "Declaration of public interest for the tourist, cultural, ecological, and natural development of Barrio Amón and Barrio Otoya", "title_es": "Declaratoria de interés público del desarrollo turístico, cultural, ecológico y natural de Barrio Amón y Barrio Otoya", "summary_en": "This law declares the tourist, cultural, ecological, and natural development of the Amón and Otoya neighborhoods in San José to be of public interest. The State, through its public institutions, may promote development, conservation, and tourism in the area under a sustainable development framework and proper environmental management, aiming to strengthen the social, cultural, and economic conditions of the zone. It is a planning instrument that enables, but does not require, state investment in the revitalization of these historic neighborhoods, integrating heritage conservation, environmental, and local economic promotion objectives. The law also provides for support to local development initiatives and micro, small, and medium-sized enterprises linked to tourism, seeking to protect and enhance cultural heritage.", "primary_topic_id": null, "topic_ids": [], "date": "30/05/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102270.json", "html_url": "/legal/doc/norm-102270", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102270&strTipM=TC&nValor3=0" }, { "id": "norm-102271", "citation": "Decreto 44498", "section": "norms", "doc_type": "executive_decree", "title_en": "RAC-16 Costa Rican Aeronautical Regulation on Emission Offsetting and Reduction", "title_es": "RAC-16 Compensación y Reducción de Emisiones para la Aviación Costarricense", "summary_en": "This executive decree, known as RAC-16 CORSIA, implements the ICAO Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) in Costa Rica and sets additional requirements for Costa Rican aviation. It applies to aircraft operators with annual CO2 emissions over 10,000 tonnes and aircraft with a maximum certified take-off mass above 5,700 kg on international flights. It mandates monitoring, reporting and verification (MRV) of fuel use and emissions, emissions monitoring plans, annual verified reports, and offsetting of emissions by canceling eligible emission units. It also covers emission reductions from sustainable aviation fuels, national aviation GHG inventories, and a 'Yo Vuelo Limpio por Costa Rica' recognition program for voluntary removal or offset actions. It includes provisions for aerodromes, data management, and accredited verification procedures.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/01/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102271.json", "html_url": "/legal/doc/norm-102271", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102271&strTipM=TC&nValor3=0" }, { "id": "norm-102279", "citation": "Reglamento municipal 0 (Concejo Municipal de Distrito de Colorado de Abangares, 27/06/2024)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Occupational Safety and Hygiene Regulation for Colorado Quarry Exploitation", "title_es": "Reglamento de Seguridad Laboral e Higiene para Explotación de Cantera Tajo Colorado", "summary_en": "This regulation, issued by the Municipal District Council of Colorado, establishes occupational safety and hygiene rules for the exploitation of the Colorado Quarry under concession 2020-CAN-PRI-006. It addresses slope and berm stability, internal traffic, machinery use, material storage, and ignition source control. It defines obligations such as personnel induction, hazard identification, risk communication, use of personal protective equipment, and preparation of an emergency plan. A prevention officer is appointed to evaluate, inspect, and train. It includes provisions on signage, silica dust management, noise, and heat exposure. Inspection frequencies and responsibilities of workers and operators are set. It takes effect three days after publication and notification to personnel. It does not replace general legal operating requirements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/06/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102279.json", "html_url": "/legal/doc/norm-102279", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102279&strTipM=TC&nValor3=0" }, { "id": "norm-102284", "citation": "Reglamento municipal 0198", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Collection of Tax on Concessionaires for the Exploitation of Materials in Public Domain Watercourses and Quarries in Zarcero", "title_es": "Reglamento para el Cobro del Impuesto a Concesionarios por Explotación de Materiales en Cauces de Dominio Público y Canteras en Zarcero", "summary_en": "This municipal regulation of the Zarcero canton establishes the procedures and obligations for collecting a tax on concessionaires exploiting materials such as sand, stone, ballast and their derivatives in public domain watercourses, quarries, placers or hand-washing operations, and for metallic mining activity, in accordance with the Mining Code. It defines taxpayers, the taxable base —a percentage of the sales tax or a fixed amount per extracted cubic meter if no sale occurs—, and the deadlines and manner for filing sworn statements. It regulates the municipality's oversight powers, penalties for non-compliance including suspension of the municipal license and closure of facilities, and mechanisms for payment arrangements, ex officio assessments and referral to judicial collection. It also addresses the statute of limitations for tax obligations as per the Municipal Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102284.json", "html_url": "/legal/doc/norm-102284", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102284&strTipM=TC&nValor3=0" }, { "id": "norm-102302", "citation": "Reglamento municipal 0198-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Operation and Administration of the Zarcero Municipal Aqueduct", "title_es": "Reglamento para la Operación y Administración del Acueducto de la Municipalidad de Zarcero", "summary_en": "This municipal regulation establishes the framework for providing, administering, and charging for potable water services in the canton of Zarcero. It defines the rights and obligations of subscribers and the Municipality, including requirements for new connections, service suspension for non-payment or infractions, and applicable tariffs. It classifies water uses into categories (residential, ordinary, commercial, preferential, and government) with minimum consumption thresholds. Technical aspects such as meter installation, reading, leak management, negative consumption, and high consumption are regulated. It includes provisions for segregations, subdivisions, and urbanizations, requiring feasibility studies. It also allows for well drilling when the aqueduct cannot supply new developments. Prohibitions, sanctions, and procedures for reporting fraud or tampering are established. Public service principles (quality, continuity, efficiency, equality) are incorporated, and a preferential legal mortgage on properties for service debts is provided.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "subdivision-fraccionamiento" ], "date": "13/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102302.json", "html_url": "/legal/doc/norm-102302", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102302&strTipM=TC&nValor3=0" }, { "id": "norm-102310", "citation": "Acuerdo 9", "section": "norms", "doc_type": "agreement", "title_en": "Management Plan for the Use of Farmed Shrimp Resource in the Gulf of Nicoya", "title_es": "Plan de Manejo para el Aprovechamiento de Recurso Camarón de Cultivo en el Golfo de Nicoya", "summary_en": "This is a management plan approved by the National Council of Conservation Areas (SINAC) through Agreement 9 of Ordinary Session No. 05-2024, for the use of farmed shrimp (Litopenaeus vannamei) in the mangroves of Colorado, San Buenaventura, and Níspero, within the Arenal-Tempisque Conservation Area. The plan establishes wetland zoning into high, medium, and low-intensity use areas, delineates 264.32 potentially productive hectares, and details semi-intensive fattening protocols, pond preparation, physicochemical parameters, and harvest techniques. Its objective is to formalize shrimp producers, promote good management practices with an ecosystem approach, and comply with applicable regulations, including Law 9814 and its regulations, as well as the Forestry Law and the Ramsar Convention.", "primary_topic_id": null, "topic_ids": [], "date": "01/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102310.json", "html_url": "/legal/doc/norm-102310", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102310&strTipM=TC&nValor3=0" }, { "id": "norm-102331", "citation": "Reglamento municipal 317", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Urban Regulatory Plan of the Central Canton of Cartago", "title_es": "Plan Regulador Urbano del Cantón Central de Cartago", "summary_en": "This document is the Comprehensive Reform of the Urban Regulatory Plan of the Central Canton of Cartago, integrating regulations on Construction, Subdivisions and Urbanizations, Land Use Zoning, Road Infrastructure, Urban Renewal, Protection of Historical-Architectural Heritage, Outdoor Advertising, and Official Map. It establishes territorial planning rules for the entire canton, defining parameters for municipal licenses, land uses, setbacks, alignments, protection of natural resources, environmental impact assessment, and provisions for urban developments, subdivisions, and urbanizations, including requirements for forested lots, forest protection areas, and springs. It was approved in November 2023 and repeals the previous regulatory plan of 2012.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "forestry-law-7575", "environmental-law-7554", "subdivision-fraccionamiento" ], "date": "26/03/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102331.json", "html_url": "/legal/doc/norm-102331", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102331&strTipM=TC&nValor3=0" }, { "id": "norm-102371", "citation": "Acuerdo 162", "section": "norms", "doc_type": "agreement", "title_en": "Repeal of Transitory II of the Fishing Vessel Monitoring Regulation", "title_es": "Derogatoria del Transitorio II del Reglamento de Seguimiento de Embarcaciones Pesqueras", "summary_en": "The INCOPESCA Board of Directors repealed Transitory II of Agreement AJDIP/076-2022 and its amendments (AJDIP/312-2023 and AJDIP/116-2023), which had postponed until July 1, 2024, the application of the Regulation for monitoring, control, and surveillance of fishing vessels to medium-scale sport and tourism fishing. The decision stems from the inability to develop a clear, participatory proposal to regulate this sector, whether through an alternative text in the general regulation or an exclusive regulation. It argues that sufficient elements were lacking to define conditions appropriate to the sector's reality, aiming to safeguard institutional and productive interests. The agreement is final and effective upon adoption.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102371.json", "html_url": "/legal/doc/norm-102371", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102371&strTipM=TC&nValor3=0" }, { "id": "norm-102383", "citation": "Reglamento municipal 0 (Municipalidad de Puriscal, 12/07/2024)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to Puriscal Parks and Green Zones Regulation", "title_es": "Reforma al Reglamento de Parques y Zonas Verdes de Puriscal", "summary_en": "This municipal amendment modifies the Puriscal Parks and Green Zones Regulation to introduce the concept of 'social action groups' — entities engaged in programs that address basic needs of the population. The amendment exempts these groups from paying the rental fee for the use of parks and public spaces, subject to verification of their social purpose by the Public Services office. Additionally, the formulas for calculating the daily rental fee are adjusted, differentiating between activities organized by the municipality (1.5% of the property value) and those by third parties (3%), and it is established that the revenue will be used for the maintenance, improvement, or creation of public spaces throughout the canton. The reform aims to encourage the participation of entrepreneurs, artisans, and social organizations, revitalizing the central park as a hub for recreation and temporary commerce, within the framework of municipal competencies for local development.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102383.json", "html_url": "/legal/doc/norm-102383", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102383&strTipM=TC&nValor3=0" }, { "id": "norm-102437", "citation": "Resolución 0078", "section": "norms", "doc_type": "resolution", "title_en": "Partial Suspension of Technical Regulation AR-RT-SUMAAH-2023", "title_es": "Suspensión parcial del Reglamento Técnico AR-RT-SUMAAH-2023", "summary_en": "The Board of Directors of ARESEP, through Resolution RE-0078-JD-2024, partially and temporarily suspends the effects of Articles 5 and 124 of the Technical Regulation AR-RT-SUMAAH-2023, which governs water supply, sanitary sewerage, and hydrant services. The decision responds to numerous user complaints, nine amparo actions before the Constitutional Chamber, and a precautionary measure in the Administrative Litigation Court, all evidencing substantial increases in utility bills for condominiums. ARESEP adopts technical reports showing that the current tariff structure is inconsistent with the high aggregate consumption of condominiums, resulting in disproportionate billing. It orders that each consumption unit within a condominium pays according to its corresponding tariff block, prorating total consumption among units. It also provides for adjusting charges already billed via credit note. The suspension lasts 12 months, during which the tariff structure must be modified.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102437.json", "html_url": "/legal/doc/norm-102437", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102437&strTipM=TC&nValor3=0" }, { "id": "norm-102466", "citation": "Decreto 44558", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Forestry Law Regulation for payment for environmental services in mangrove forests", "title_es": "Reforma al Reglamento de la Ley Forestal para el pago de servicios ambientales en bosques de mangle", "summary_en": "This executive decree incorporates Article 62 into the Forestry Law Regulation (Executive Decree No. 25721-MINAE) to regulate payment for environmental or ecosystem services plans and projects in mangrove forests. The amendment authorizes the execution of these mechanisms as recognition for organized rural communities that carry out sustainable harvesting of mollusks, monitoring, surveillance, and reforestation in mangroves, in coordination with the Ministry of Environment and Energy (MINAE), the National System of Conservation Areas (SINAC), the National Forestry Financing Fund (FONAFIFO), and funding entities. It is based on the need to comply with international commitments such as the Convention on Biological Diversity and the 2030 Agenda, as well as national legislation on biodiversity, forestry, and fisheries. The regulation aims to channel national and international cooperation resources, including a pilot project funded by The Earthshot Prize, to improve the living conditions of local communities through the fair distribution of benefits derived from the sustainable use of biodiversity.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102466.json", "html_url": "/legal/doc/norm-102466", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102466&strTipM=TC&nValor3=0" }, { "id": "norm-102470", "citation": "Decreto 44560", "section": "norms", "doc_type": "executive_decree", "title_en": "National Convenience Declaration for the Doña Julia Hydroelectric Plant Reservoir Expansion", "title_es": "Declaratoria de Conveniencia Nacional del Proyecto Ampliación del Embalse de la Central Hidroeléctrica Doña Julia", "summary_en": "Executive Decree No. 44560-MINAE declares the Doña Julia Hydroelectric Plant reservoir expansion project, developed by COOPELESCA R.L., to be of national convenience and public interest. This declaration exceptionally permits tree felling on privately owned forested land and in protection areas, pursuant to Articles 19(b), 33, and 34 of the Forestry Law No. 7575, on the grounds that the project's social benefits outweigh its socio-environmental costs. The expansion will increase storage capacity and renewable energy generation, reduce CO₂ emissions and diesel consumption, and improve electricity supply stability in rural areas. It is based on the environmental viability granted by SETENA, certification that the land is not part of the State Natural Heritage, a favorable technical-economic analysis by the MINAE Energy Directorate, and a positive socio-economic assessment. Tree cutting is authorized subject to prior SINAC approval, with mandatory replanting and maintenance of forest species.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "02/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102470.json", "html_url": "/legal/doc/norm-102470", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102470&strTipM=TC&nValor3=0" }, { "id": "norm-102506", "citation": "Decreto 44546", "section": "norms", "doc_type": "executive_decree", "title_en": "National Convenience Declaration: Improvements to the Integrated Aqueduct of Buenos Aires", "title_es": "Declaratoria de Conveniencia Nacional: Mejoras al Acueducto Integrado de Buenos Aires", "summary_en": "Executive Decree 44546 of June 19, 2024 declares the project “Improvements to the Integrated Aqueduct of Buenos Aires” as a matter of national convenience. Located in the districts of Volcán and Buenos Aires, Buenos Aires canton, Puntarenas province, this declaration—based on Article 6 of the National Planning Law—enables the Costa Rican Institute of Aqueducts and Sewerage (AyA) to obtain certain legal and administrative benefits, such as authorizations to use natural resources on public or private lands required for the project. The decree authorizes AyA to process permits, concessions, and other administrative acts before competent entities, including land occupation, material extraction, and water use, provided environmental regulations are met. The project aims to improve drinking water supply in the Buenos Aires region, and the national convenience declaration recognizes its overriding public interest, streamlining procedures without exempting it from the required environmental impact assessments.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "19/06/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102506.json", "html_url": "/legal/doc/norm-102506", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102506&strTipM=TC&nValor3=0" }, { "id": "norm-102507", "citation": "Decreto 44547", "section": "norms", "doc_type": "executive_decree", "title_en": "Improvements to the San Ramón and Palmares Aqueduct System, Alajuela", "title_es": "Mejoras al Sistema de Acueductos de San Ramón y Palmares, Alajuela", "summary_en": "Executive Decree 44547, issued on June 19, 2024, declares the project \"Improvements to the San Ramón and Palmares Aqueduct System\", located in the province of Alajuela, as a matter of national convenience and public and social interest. The declaration is based on the General Law of Public Administration (Article 11 of the Political Constitution) and other legal provisions. The decree consists of eight articles specifying that the Ministry of Environment and Energy (MINAE) and its affiliated bodies, including the National Environmental Technical Secretariat (SETENA), must coordinate with the Costa Rican Institute of Aqueducts and Sewers (AyA) to ensure compliance with environmental regulations during project execution. It also exempts AyA from paying taxes, fees, and contributions for the purchase of required goods and services, and authorizes the donation of materials to the municipality and other public entities. The decree establishes that the declaration does not exempt the project from complying with environmental protection laws, and any modification to the original design must be reported to SETENA for assessment. In the event of withdrawal, AyA must document it and issue an administrative act formalizing it. The decree becomes effective upon publication in the Official Gazette La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/06/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102507.json", "html_url": "/legal/doc/norm-102507", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102507&strTipM=TC&nValor3=0" }, { "id": "norm-102509", "citation": "Decreto 44564", "section": "norms", "doc_type": "executive_decree", "title_en": "Moratorium on metallic mining in Cutris", "title_es": "Moratoria de minería metálica en Cutris", "summary_en": "Executive Decree No. 44564-MINAE declares a moratorium on metallic mining and freezes metallic reserve areas in favor of the State in the District of Cutris, San Carlos Canton, Alajuela Province. Effective for twelve months with automatic renewal, the measure addresses illegal gold mining in the Crucitas area since 2017, which has led to farm invasions, water body damage, contamination by cyanide and mercury, and depletion of mineral reserves. During the moratorium, the Executive will not grant exploration permits or exploitation concessions until an integrated plan for sustainable use of metallic mineral resources is developed, ensuring social, environmental, and economic balance. MINAE, through the Directorate of Geology and Mines, is instructed to coordinate with the Public Prosecutor, Public Force, SETENA, and the Environmental Administrative Tribunal to combat illegal mining.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "17/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102509.json", "html_url": "/legal/doc/norm-102509", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102509&strTipM=TC&nValor3=0" }, { "id": "norm-102511", "citation": "Decreto 44568", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Storage, Transport, and Commercialization of Biogas and Biomethane in Costa Rica for Semi‑Industrial and Industrial Scales", "title_es": "Reglamento para la regulación del almacenamiento, transporte y comercialización del biogás y biometano en Costa Rica para escalas semiindustriales e industriales", "summary_en": "This Executive Decree 44568‑MINAE establishes the regulatory framework for the storage, transport, and commercialization of biogas and biomethane produced at semi‑industrial and industrial scales in Costa Rica. The regulation categorizes anaerobic digesters by liquid volume, requires registration of production facilities with MINAE’s General Directorate of Fuel Transport and Commercialization, and incorporates by reference NFPA standards and national regulations on stationary tanks, fuel transport, and hazardous materials. It mandates health operating permits from the Ministry of Health, sets up coordinated oversight by MINAE, the Health Ministry, the Fire Department, and municipalities, and subjects third‑party commercialization as a public service to ARESEP’s tariff and quality regulation. It also requires safe flaring of surplus biogas to prevent methane emissions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102511.json", "html_url": "/legal/doc/norm-102511", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102511&strTipM=TC&nValor3=0" }, { "id": "norm-102512", "citation": "Decreto 44569", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Article 39 of the Biodiversity Law", "title_es": "Reglamento al artículo 39 de la Ley de Biodiversidad", "summary_en": "This Executive Decree No. 44569-MINAE regulates the contracting of non-essential services and activities (SANE) within state-owned wild protected areas (ASP) pursuant to the amended Article 39 of Biodiversity Law No. 7788. Only community development associations, cooperatives, microenterprises, and non-profit social organizations made up of inhabitants from the zone of influence may hold such contracts, provided they pursue conservation objectives and incorporate environmental management. It establishes an approval procedure—first by the Regional Council (CORAC) and then by the National Council of Conservation Areas (CONAC)—requires a prior technical instrument (management plan or equivalent), and applies the General Public Procurement Law as supplementary legislation. It also amends subsection k) of Article 12 of the Biodiversity Law Regulation to align CONAC’s functions with the new contracting scheme. Neither access to biodiversity elements in favor of third parties nor the construction of private buildings are permitted. Conservation Areas are ordered to identify zones of influence and create a registry of local organizations within set timeframes.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "16/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102512.json", "html_url": "/legal/doc/norm-102512", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102512&nValor3=141772&strTipM=TC" }, { "id": "norm-102550", "citation": "Circular 159", "section": "norms", "doc_type": "circular", "title_en": "Mandatory use of the ruling submission module in agrarian matters", "title_es": "Obligatoriedad uso del módulo de pase a fallo en materia agraria", "summary_en": "Circular 159-2024 of the Superior Council of the Judiciary mandates the use of the ruling submission module by tasks in all first-instance judicial offices handling agrarian matters. It stems from prior agreements (session 96-2018) and session 64-2024, which implemented an improvement in the Virtual Desktop for registering case files ready for ruling. The circular details procedures: offices must monitor the reported information for at least six months, cross-checking against Excel controls; the coordinating judge must validate monthly data consistency and submit certification to the Statistics Subprocess. The generic task 'Exp. Ready to rule and enter electronic ruling book' is eliminated, replaced by specific tasks with defined time frames (24 to 360 working hours). Links to user manuals, certification formats, and a graphic explanatory are included. The measure aims to improve support resource allocation based on updated judicial information system data.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102550.json", "html_url": "/legal/doc/norm-102550", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102550&strTipM=TC&nValor3=0" }, { "id": "norm-102554", "citation": "Decreto 44594", "section": "norms", "doc_type": "executive_decree", "title_en": "National Convenience Declaration for the Borinquen Geothermal Project", "title_es": "Declaratoria de Conveniencia Nacional del Proyecto Geotérmico Borinquen", "summary_en": "Executive Decree No. 44594-MINAE, issued by the President of the Republic and the Minister of Environment and Energy, declares the Borinquen Geothermal Project of the Costa Rican Electricity Institute (ICE) to be of national convenience. This declaration authorizes the cutting of trees and land-use change in forested areas and protection zones, pursuant to Articles 19(b) and 34 of the Forestry Law No. 7575, arguing that the social and economic benefits outweigh the socio-environmental costs. The project, with environmental viability granted by SETENA, includes two 55 MW geothermal plants with a total capacity of 110 MW. It is grounded in national energy policy for decarbonization, the need to ensure electricity supply, and a social economic assessment concluding a positive social impact. The decree instructs ICE to comply with SETENA resolutions and coordinate with MINAE for the use of forest resources.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "19/06/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102554.json", "html_url": "/legal/doc/norm-102554", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102554&strTipM=TC&nValor3=0" }, { "id": "norm-102600", "citation": "Resolución 001275", "section": "norms", "doc_type": "resolution", "title_en": "Temporary exemption from vehicle restriction for heavy vehicles due to road works", "title_es": "Excepción temporal de restricción vehicular para vehículos pesados por obras viales", "summary_en": "This administrative resolution by the Ministry of Public Works and Transport (MOPT) grants a three-month temporary exemption from the heavy vehicle circulation schedule restriction established in Executive Decree No. 38238-MOPT. The measure is based on Article 5 of said regulation, which empowers the Minister to exceptionally suspend the restriction for reasons of public interest, efficiency, and effectiveness. The exemption is granted to allow the completion of the road interchange construction project on National Routes No. 2, 236, and 10 in Cartago, including improvements to the Taras-La Lima section. MOPT considers that completing these works is essential to improve traffic flow, thus constituting grounds of convenience, opportunity, and public interest. The resolution instructs the Traffic Police to cooperate in its enforcement and notifies various MOPT departments and CONAVI.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102600.json", "html_url": "/legal/doc/norm-102600", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102600&strTipM=TC&nValor3=0" }, { "id": "norm-102601", "citation": "Decreto 14", "section": "norms", "doc_type": "regulation", "title_en": "Navigation and Cabotage Regulation for the Northern Canals Network", "title_es": "Reglamento de navegación y cabotaje en la red de los Canales del Norte", "summary_en": "This regulation establishes the legal framework for navigation and cabotage services in the Northern Canals administered by JAPDEVA, including segments within Tortuguero National Park and Barra del Colorado Wildlife Refuge. It defines JAPDEVA's authority as port authority, requirements for navigation permits and cabotage licenses, restrictions in protected areas based on SINAC's management plan zoning, and obligations for safety and pollution prevention. It includes a sanctioning regime with very serious, serious, and minor infractions, and mandates coordination with SINAC, the Maritime-Port Division of MOPT, and other entities to ensure environmental conservation and safety. The regulation is grounded in Laws No. 3091, No. 5337, and especially Law No. 5680 which created Tortuguero National Park while preserving JAPDEVA's administration of the waterway.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "22/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102601.json", "html_url": "/legal/doc/norm-102601", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102601&strTipM=TC&nValor3=0" }, { "id": "norm-102608", "citation": "Acuerdo 194", "section": "norms", "doc_type": "agreement", "title_en": "Amendment to the Regulation for the Exercise of Subaquatic Fishing", "title_es": "Reforma al Reglamento para el Ejercicio de la Pesca Subacuática", "summary_en": "This agreement amends Article 4 of the Regulation for the Exercise of Subaquatic Fishing (AJDIP/098-2017) issued by the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA). The amendment introduces an exception to the general prohibition on using autonomous diving equipment (oxygen tanks) in sport subaquatic fishing. The exception permits the use of scuba gear exclusively in fishing tournaments approved by INCOPESCA and aimed solely at catching lionfish (Pterois volitans) in the Costa Rican Caribbean. The modification is based on a technical-scientific opinion highlighting the lionfish's invasive nature, voracious feeding habits, and high reproductive rate, posing a threat to commercially valuable marine species such as lobsters, shrimp, and snappers along the Limón coast. This decision aligns with prior policies for controlling and eradicating this invasive species, including the creation of a Lionfish Management Commission under Executive Decree No. 39627-MINAE-MAG-TUR, which declares extraction activities to be in the public interest.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102608.json", "html_url": "/legal/doc/norm-102608", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102608&strTipM=TC&nValor3=0" }, { "id": "norm-102618", "citation": "Decreto 44607", "section": "norms", "doc_type": "executive_decree", "title_en": "PSA Program Reform through Decree 44607", "title_es": "Reforma del Programa de Pago por Servicios Ambientales mediante el Decreto 44607", "summary_en": "Executive Decree 44607-MINAE fundamentally reforms Costa Rica's Payment for Environmental Services Program. It establishes a new payment model for forest protection that differentiates three environmental services: a base payment for GHG mitigation and general biodiversity, a biodiversity plus for high-biodiversity areas, and a water resource plus. It sets 2024 amounts (CRC 21,000/ha base, and CRC 16,000/ha for each plus). Introduces a scoring matrix with prioritization criteria (protected areas, biological corridors, NAMA, gender, low Social Development Index). Simplifies procedures by eliminating mandatory forest regency for new forest protection projects and setting deadlines for digital application submission. Repeals the former Ecosystem Services Regulation (Decree 41124). Creates two credit and promotion funds (FOINDES and the Green Development Fund) funded with 10% of emission reduction sales revenues, to foster productive ventures in rural landscapes. The reform aims to specialize payments, expand coverage, and leverage resources from the REDD+ strategy.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788" ], "date": "30/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102618.json", "html_url": "/legal/doc/norm-102618", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102618&strTipM=TC&nValor3=0" }, { "id": "norm-102643", "citation": "Ley 10507", "section": "norms", "doc_type": "law", "title_en": "Law for the Protection of Marine-Coastal Biodiversity Incentive", "title_es": "Ley de Incentivo para la Protección de la Biodiversidad Marino-Costera", "summary_en": "This law creates the Marine-Coastal Ecosystem Services Payment Fund to promote the conservation, sustainable use, and restoration of ecosystems within the territorial sea and exclusive economic zone. Administered by MINAE, the Fund will provide economic recognition to artisanal fishers, coastal associations, and other actors for activities such as mangrove and coral reef restoration, fishery biomass recovery, resource surveillance, waste collection, and good agricultural practices. It also amends the Fisheries Law so that IMAS may include marine-coastal conservation work in socioeconomic assistance programs for fishers affected by closed seasons. Payments are outcome-based, requiring a measurement, reporting, and verification mechanism. The Central Bank is to develop a Marine and Coastal Resources Environmental Account. The law took effect upon publication on August 26, 2024, with a six-month deadline for implementing regulations.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "26/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102643.json", "html_url": "/legal/doc/norm-102643", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102643&strTipM=TC&nValor3=0" }, { "id": "norm-102646", "citation": "Ley 10496", "section": "norms", "doc_type": "law", "title_en": "Authorization for aqueduct in the maritime zone of Isla Caballo", "title_es": "Autorización para acueducto en zona marítimo terrestre de Isla Caballo", "summary_en": "This law authorizes the Municipality of Puntarenas and the Municipal Council of the District of Lepanto to grant a twenty-five-year permit, renewable for an equal term, to the Costa Rican Institute of Aqueducts and Sewers (AyA) to carry out construction works and install pipelines within the maritime terrestrial zone. The purpose is to build, maintain, and operate an aqueduct system to supply drinking water to the inhabitants of Isla Caballo. The authorization is granted pursuant to Law 2726, the AyA's Founding Law, and allows for the existence, maintenance, and operation of the necessary infrastructure. It constitutes a specific legal exception for a public utility project within a public domain area protected by the Maritime Terrestrial Zone Law (Law 6043).", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102646.json", "html_url": "/legal/doc/norm-102646", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102646&strTipM=TC&nValor3=0" }, { "id": "norm-102647", "citation": "Ley 10497", "section": "norms", "doc_type": "law", "title_en": "Reform of the Phytosanitary Protection Law", "title_es": "Reforma de la Ley de Protección Fitosanitaria", "summary_en": "This law reforms and adds provisions to the Phytosanitary Protection Law No. 7664. It introduces a new administrative sanctions regime that defines violations such as failure to comply with technical measures for pest control, quarantines, plant waste management, requirements for nurseries and laboratories, use of chemical substances, and agricultural aviation practices. It establishes base fines of 1 to 5 base salaries, which increase up to 30 base salaries in cases of environmental damage, harm to health, or recidivism. It grants the State Phytosanitary Service the sanctioning power, subject to legality and due process principles, with appeal and revocation remedies. The statute of limitations for sanctions is four years, and administrative sanctions are without prejudice to criminal or civil liability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102647.json", "html_url": "/legal/doc/norm-102647", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102647&strTipM=TC&nValor3=0" }, { "id": "norm-102655", "citation": "Resolución 319", "section": "norms", "doc_type": "resolution", "title_en": "PSA spending limit for 2024-2025 contracts", "title_es": "Límite de gasto PSA para contratos 2024-2025", "summary_en": "This ministerial resolution sets the spending limit for the National Forest Finance Fund (FONAFIFO) for payment for environmental services (PSA) contracts to be signed in the 2024-2025 period, under the forest cover maintenance modality (forest protection activity). It establishes the number of hectares to be financed and the per-hectare payment amounts based on different recognitions: a base payment for greenhouse gas mitigation and biodiversity, and additional payments for water resource protection or location in high biodiversity areas. It details contract conditions, including duration, application requirements, handling of overlaps, involvement of forestry professionals, and expiry of installment claims. The allocation of hectares and resources may be adjusted based on budget availability, and FONAFIFO is instructed to apply these rules.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "27/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102655.json", "html_url": "/legal/doc/norm-102655", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102655&strTipM=TC&nValor3=0" }, { "id": "norm-102674", "citation": "Resolución 043", "section": "norms", "doc_type": "resolution", "title_en": "General Management Plan for Guácimo and Pococí Aquifer Protective Zone", "title_es": "Plan General de Manejo Zona Protectora Acuíferos de Guácimo y Pococí", "summary_en": "Resolution R-SINAC-CONAC-043-2024 formalizes the General Management Plan for the Guácimo and Pococí Aquifer Protective Zone (ZPAGP), approved by the National Council of Conservation Areas (CONAC). Developed with input from the Technical Scientific Committee and the Regional Council of the Tortuguero Conservation Area (ACTo), this plan establishes zoning, conservation objectives, and strategic guidelines for managing the protected area for the 2023–2027 period. The ZPAGP was created in 1987 to protect the water resources of aquifers supplying Guácimo and Pococí populations, threatened by human activities such as poor agricultural practices, deforestation, and well overexploitation. The management plan adopts an adaptive management and connectivity approach, promoting ecological integrity and environmental service provision, led by SINAC-ACTo with local stakeholder participation. Zoning was determined through analysis of variables including land use capacity, slope, forest cover, conservation gaps, and springs, producing a conservation potential map. A five-year implementation period is set, with a mid-term evaluation at three years for adjustments.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "biological-corridors" ], "date": "10/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102674.json", "html_url": "/legal/doc/norm-102674", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102674&strTipM=TC&nValor3=0" }, { "id": "norm-102687", "citation": "Reglamento municipal 22", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Orotina Aqueduct Regulation", "title_es": "Reforma al Reglamento del Acueducto de Orotina", "summary_en": "This amendment modifies Article 15 of the Orotina Municipal Aqueduct Regulation, establishing a procedure for construction project developers to carry out improvement works on the municipal aqueduct system when it is necessary to increase capacity to supply the new project. The Municipality, based on a technical report from the Public Services Unit, may authorize such works through a Mayoral resolution grounded in a project profile detailing technical specifications, resources, obligations, timeline, and supervision. Once commitments are fulfilled, the Municipality may grant an availability period of up to ten years, different from the one provided in Article 14 of the regulation. The norm aims to ensure that the quality and quantity of service to current users are not affected by new developments.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102687.json", "html_url": "/legal/doc/norm-102687", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102687&strTipM=TC&nValor3=0" }, { "id": "norm-102690", "citation": "Decreto 13", "section": "norms", "doc_type": "regulation", "title_en": "PAACUME Operational Regulation", "title_es": "Reglamento Operativo PAACUME", "summary_en": "The Operational Regulation for the Water Supply Project for the Middle Basin of the Tempisque River and Coastal Communities (PAACUME) establishes the structure, procedures, and rules for executing this water infrastructure project in Guanacaste, financed by CABEI and the Government of Costa Rica. It designates SENARA as the executing agency, creates the Project Management Directorate (DIGEP), and details its Administration, Supervision, and Environmental and Social Management units. It regulates budget planning, procurement under CABEI policies, and monitoring, evaluation, and control mechanisms, including environmental management per international safeguards. The regulation defines the project scope—reservoir, canal expansion, and distribution network—to increase water availability for human consumption, irrigation, and hydropower, contributing to sustainable socioeconomic development in the Chorotega region.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "05/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102690.json", "html_url": "/legal/doc/norm-102690", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102690&strTipM=TC&nValor3=0" }, { "id": "norm-102702", "citation": "Reglamento 0 (Sistema Nacional de Áreas de Conservación, 19/07/2024)", "section": "norms", "doc_type": "regulation", "title_en": "Protocol for Use of Lethal Force Against Crocodilians", "title_es": "Protocolo para uso de fuerza letal contra crocodílidos", "summary_en": "This joint resolution by the Ministry of Environment and Energy and the Ministry of Public Security approves a protocol for SINAC officials and police forces to eliminate crocodiles and caimans with lethal force in emergency situations, specifically when an imminent or fatal attack on a person is occurring and capture is not possible. The protocol details the procedure: assessment of the scene and ecosystem conditions, request for authorization from a hierarchical superior, coordination between SINAC and police, use of firearms with precise instructions on the shot, victim rescue, and disposal of the animal. It is based on the state's duty to protect human life and Article 22 of the Wildlife Conservation Law, which allows elimination of a threatening specimen as a last resort without penalty. It also covers exceptional cases where police must act without prior authorization to ensure the right to life. The protocol includes a standardized form to document the assessment and authorization for the use of lethal force.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "19/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102702.json", "html_url": "/legal/doc/norm-102702", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102702&strTipM=TC&nValor3=0" }, { "id": "norm-102707", "citation": "Reglamento municipal 015", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the operation and administration of the Municipal Waterworks of Turrialba", "title_es": "Reglamento para la operación y administración de los acueductos de la Municipalidad de Turrialba", "summary_en": "This municipal regulation establishes the rules for the operation and administration of the waterworks under the responsibility of the Municipality of Turrialba. The amendment approved in August 2024 regulates the provision of drinking water service, including the grounds for total, partial, or discontinuous suspension of supply due to repairs, maintenance, fortuitous events, or force majeure. It also obliges the Municipality to supply drinking water by alternative means to the affected areas or populations while normal service is restored, managing such provision immediately. It is a local administrative norm that does not address substantive environmental matters, but rather the operational management of the public water utility service.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102707.json", "html_url": "/legal/doc/norm-102707", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102707&strTipM=TC&nValor3=0" }, { "id": "norm-102721", "citation": "Decreto 44617", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Procedure of Authorizations or Approvals for Activities on Private Lands within the Tivives Protected Zone", "title_es": "Reglamento para el trámite de autorizaciones o vistos buenos de actividades en terrenos privados dentro de la Zona Protectora Tivives", "summary_en": "This executive decree establishes the procedure for the Central Pacific Conservation Area (ACOPAC) of SINAC to grant authorizations or approvals for activities on private lands located within the Tivives Protected Zone, created by Executive Decree No. 17023-MAG of 1986. The regulation clarifies that it only applies to lands registered before June 2, 1986, the effective date of the protected zone's creation. It defines the requirements the applicant must meet, such as submitting a written application, being up to date with CCSS and FODESAF, having environmental viability from SETENA, and being current with tax obligations. It details the process, which includes verification of requirements, a field inspection, preparation of a technical report, and final resolution by the Conservation Area Directorate within a maximum of 30 calendar days, extendable to three months in complex cases. The authorization is valid for three months and is not extendable.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "14/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102721.json", "html_url": "/legal/doc/norm-102721", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102721&strTipM=TC&nValor3=0" }, { "id": "norm-102727", "citation": "Decreto 04", "section": "norms", "doc_type": "regulation", "title_en": "Forestry Credit Regulation of FONAFIFO", "title_es": "Reglamento de Crédito Forestal de FONAFIFO", "summary_en": "The Forestry Credit Regulation of the National Forestry Financing Fund (FONAFIFO) establishes the regulatory framework for granting loans to small and medium forestry producers in Costa Rica, in compliance with Article 46 of Forestry Law No. 7575. It defines four credit subprograms: Productive Promotion (nurseries, plantations, agroforestry systems, forest protection, recovery of denuded areas, etc.), Forestry Industry (harvesting, transformation, and marketing of wood and non-wood products), Development Promotion (ecotourism ventures and forest-related activities), and Organizations (second-tier financing for organizations with FONAFIFO agreements). It details applicant requirements, property conditions, accepted collateral types (mortgage, fiduciary, tree pledge, among others), differentiated interest rates based on collateral and activity, and debtor classification mechanisms based on payment capacity and credit behavior. It also regulates the process of formalization, disbursements, administrative and judicial collection, and the management and sale of assets awarded to the trust. The regulation aims to democratize access to credit, promote sustainable forestry development, and ensure the recovery of trust resources managed by the National Bank of Costa Rica.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "10/04/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102727.json", "html_url": "/legal/doc/norm-102727", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102727&strTipM=TC&nValor3=0" }, { "id": "norm-10283", "citation": "Ley 6184", "section": "norms", "doc_type": "law", "title_en": "National Territory Reforestation Law", "title_es": "Ley de Reforestación del Territorio Nacional", "summary_en": "This now-repealed law declared the production, planting, and care of all types of trees to be in the public interest and established the State's obligation to reforest the national territory. It created a financing system through the national banking system, providing soft loans for forest plantations, nurseries, and silvicultural activities, and issued forestry bonds to back programs and expropriations. It established tax exemptions for lands dedicated to reforestation and for income from the sale of forest products. It required mandatory consultation with the General Forestry Directorate during possessory information proceedings for rural properties to determine their forestry suitability, prohibiting the cutting of 25% of the property if such suitability was declared. It declared absolute forest protection areas inalienable and authorized the expropriation of lands essential for protecting hydrographic basins. It also included educational provisions on reforestation for schoolchildren. It was repealed in its entirety by Article 73 of Forestry Law No. 7575 of 1996.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "29/11/1977", "year": "1977", "json_url": "/data/legal/docs/norm-10283.json", "html_url": "/legal/doc/norm-10283", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=10283&strTipM=TC&nValor3=0" }, { "id": "norm-102840", "citation": "Decreto 44575", "section": "norms", "doc_type": "executive_decree", "title_en": "Water Navigation Zones Regulation", "title_es": "Reglamento de Zonas de Navegación Acuática", "summary_en": "This executive decree establishes nine Water Navigation Zones to serve as a technical benchmark for the MOPT's Navigation and Safety Directorate in regulating vessel design, equipment, manning, and operations in national waters. The zones are defined by distance from shore or a port of refuge, ranging from beyond 60 nautical miles (Zone 1) to navigation in inland waters such as lakes, rivers, and mangroves (Zone 9). The regulation does not create new procedures but unifies technical criteria for applying existing rules on clearance, shipbuilding, and pollution prevention. Its purpose is to organize water transport and enhance safety of life at sea, especially for the fishing and tourism sectors that depend on these waterways.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102840.json", "html_url": "/legal/doc/norm-102840", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102840&strTipM=TC&nValor3=0" }, { "id": "norm-102850", "citation": "Decreto 44647", "section": "norms", "doc_type": "executive_decree", "title_en": "General Regulation of the Real Estate Registry", "title_es": "Reglamento General del Registro Inmobiliario", "summary_en": "This executive decree enacts the General Regulation of the Real Estate Registry, which governs the administrative activities and substantive aspects of Costa Rica's Real Estate Registry. Its purpose is to strengthen real estate registration security through material publicity, effectiveness, and efficiency in document processing. The regulation outlines the functions, organization, and competencies of the Registry, integrating cadastral and registration tasks. It defines registration principles, procedures for qualifying and registering survey plans and documents, and establishes requirements for subdivisions, urban developments, coastal zone concessions, and other registrable acts. It also includes provisions on the cadastral map, its formation, maintenance, accuracies, and tolerances. Appeals against qualifications, handling of complex documents, and precautionary measures are regulated. The regulation aims to harmonize and update registration and cadastral processes, in compliance with laws such as the National Cadastre Law, Forestry Law, Water Law, and others, to ensure legal certainty in real estate transactions.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "28/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102850.json", "html_url": "/legal/doc/norm-102850", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102850&strTipM=TC&nValor3=0" }, { "id": "norm-102875", "citation": "Tratados Internacionales 10520", "section": "norms", "doc_type": "treaty", "title_en": "Law 10520 — Fisheries Subsidies Protocol", "title_es": "Ley 10520 — Protocolo sobre Subvenciones a la Pesca", "summary_en": "Law 10520 approves the Protocol Amending the Marrakesh Agreement Establishing the World Trade Organization, incorporating the Agreement on Fisheries Subsidies adopted in Geneva on June 17, 2022. This international instrument disciplines subsidies that contribute to illegal, unreported and unregulated (IUU) fishing and those affecting overfished stocks. The law designates the Costa Rican Institute of Fisheries and Aquaculture (Incopesca) as the national authority responsible for implementing the obligations of WTO members under the Agreement, particularly notification and subsidy control. It is an active norm that ratifies and makes effective in Costa Rica the first binding multilateral agreement on fisheries subsidies, with direct implications for the sustainability of marine resources, biodiversity conservation, and the fight against illegal fishing. The Protocol's entry into force is contingent upon acceptance by two-thirds of the WTO membership.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "13/09/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102875.json", "html_url": "/legal/doc/norm-102875", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102875&strTipM=TC&nValor3=0" }, { "id": "norm-102876", "citation": "Tratados Internacionales 10520-A", "section": "norms", "doc_type": "treaty", "title_en": "Agreement on Fisheries Subsidies (Law No. 10520)", "title_es": "Acuerdo sobre Subvenciones a la Pesca (Ley Nº 10520)", "summary_en": "Law No. 10520 approves the Protocol Amending the Marrakesh Agreement Establishing the World Trade Organization and its Annex: Agreement on Fisheries Subsidies, adopted in Geneva on June 17, 2022. This international instrument prohibits WTO Members from granting or maintaining subsidies to marine wild capture fishing and related activities in three specific scenarios: (1) illegal, unreported and unregulated (IUU) fishing; (2) overexploited stocks, unless for recovery; and (3) fishing in unregulated areas outside the jurisdiction of a coastal Member. It establishes transparency and notification disciplines, technical assistance to developing countries, and a dispute settlement mechanism. Costa Rica ratifies the Protocol through this law, incorporating it into its domestic legal system.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "13/09/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102876.json", "html_url": "/legal/doc/norm-102876", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102876&strTipM=TC&nValor3=0" }, { "id": "norm-102900", "citation": "Reglamento municipal 0 (Municipalidad de Esparza, 27/09/2024)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Integral Waste Management Regulation of the Municipality of Esparza", "title_es": "Reglamento para la Gestión Integral de Residuos Sólidos de la Municipalidad de Esparza", "summary_en": "This municipal regulation, issued by the Municipal Council of Esparza, establishes the legal and operational framework for the comprehensive solid waste management in the canton. It defines principles, responsibilities, and procedures for source separation, differentiated collection, valorization, treatment, and final disposal of ordinary, recoverable, hazardous, and special waste. It sets forth municipal powers, duties of generators (residential, commercial, industrial, and large generators), and requirements for authorized waste managers. It includes provisions on collective storage systems, recovery centers, management of construction waste, organic waste and composting, as well as municipal services for street sweeping, green area maintenance, and storm drain cleaning. It regulates tariffs, incentives for proper management, and a penalty regime with minor, serious, and very serious infractions, in accordance with Law 8839.", "primary_topic_id": null, "topic_ids": [], "date": "27/09/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102900.json", "html_url": "/legal/doc/norm-102900", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102900&strTipM=TC&nValor3=0" }, { "id": "norm-102922", "citation": "Ley 10532", "section": "norms", "doc_type": "law", "title_en": "Penalizing Maltreatment in Domestic Animal Breeding Facilities", "title_es": "Penalización del maltrato en criaderos de animales domésticos", "summary_en": "This law amends Article 279 bis of Costa Rica's Criminal Code to more precisely criminalize cruelty against domestic and domesticated animals. It imposes prison sentences of three months to one year for anyone who directly or through another person causes persistent health damage to an animal, loss of a sense, organ, or limb, intense suffering or prolonged agony; performs sexual acts with animals; or practices vivisection for non-research purposes. The law defines 'domestic animal' and 'domesticated animal' and establishes aggravating factors when the perpetrator exploits a power relationship to intimidate, threaten, coerce, or subdue one or more persons; when the act is committed by two or more people; or when it involves managers, administrators, workers, or owners of establishments dedicated to breeding, reproduction, and sale of companion animals. It also grants standing to duly registered organizations to represent the diffuse interests of affected animals. The reform strengthens criminal protection for animals in commercial exploitation contexts and associated violence.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/09/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102922.json", "html_url": "/legal/doc/norm-102922", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102922&strTipM=TC&nValor3=0" }, { "id": "norm-102927", "citation": "Reglamento municipal 0 (Municipalidad de Esparza, 01/10/2024)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Esparza Parks and Public Green Areas Regulation", "title_es": "Reglamento de Parques y Zonas Verdes Públicas de Esparza", "summary_en": "This municipal regulation for the canton of Esparza establishes rules for the use, enjoyment, and conservation of public parks and green areas. It defines key concepts and sets forth prohibitions on private use of public goods. It details restrictions on street furniture (benches, playground equipment, trash cans, water fountains) and lists prohibited behaviors that affect aesthetics, environment, tranquility, and public health, such as alcohol and tobacco consumption, fireworks, and unauthorized motor vehicles. The regulation protects vegetation and regulates waste disposal. It outlines a permitting process for public events, including the possibility of special permits. Responsible pet ownership is regulated, including leash requirements and cleanup. Feeding or hunting wild animals is prohibited. A desired closing time of 8 pm is set for fenced parks in organized neighborhoods. Sanctions are linked to national laws on waste management, alcohol, tobacco, and street harassment. A maintenance fee is authorized, and the regulation replaces any prior conflicting rules.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102927.json", "html_url": "/legal/doc/norm-102927", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102927&strTipM=TC&nValor3=0" }, { "id": "norm-102936", "citation": "Reglamento municipal 017", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Municipal Regulation for Integrated Solid Waste Management of the Canton of Sarchí", "title_es": "Reglamento Municipal para la Gestión Integral de Residuos Sólidos del Cantón de Sarchí", "summary_en": "The Municipal Regulation for Integrated Solid Waste Management of the Canton of Sarchí establishes the local regulatory framework for the provision of ordinary solid waste management services, from generation to final disposal. It defines the competencies of the Municipality, the Environmental Management Department, and the Waste Management Unit, as well as the obligations of waste generators (residential, commercial, and institutional), including source separation, packaging, collection schedules, and the use of individual and collective storage systems. It regulates the different types of collection services (recoverable ordinary, non-recoverable ordinary, bulky, organic), prohibits the disposal of hazardous or special waste in ordinary routes and requires their handling by authorized agents. It incorporates a system of differentiated rates by generation category and weight, charged to the registered owner or possessor, and establishes incentives, prohibitions, a sanctioning regime (minor, serious, very serious), and mechanisms for citizen participation. It is based on the Integrated Waste Management Law No. 8839, the Organic Environmental Law No. 7554, and the Municipal Code, and repeals any previous contradictory regulation.", "primary_topic_id": null, "topic_ids": [], "date": "26/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102936.json", "html_url": "/legal/doc/norm-102936", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102936&strTipM=TC&nValor3=0" }, { "id": "norm-102942", "citation": "Decreto 44662", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to Article 80 of the Biodiversity Law", "title_es": "Reglamento al artículo 80 de la Ley de Biodiversidad", "summary_en": "This executive decree regulates the mandatory prior consultation with the Technical Office of CONAGEBIO, required of the Intellectual Property Registry (RPI) and the National Seeds Office (ONS) before granting patents or plant variety titles that involve genetic or biochemical resources or associated traditional knowledge of biodiversity. It establishes procedures and deadlines for both entities to submit necessary information and for the Technical Office to respond within a maximum of 15 business days. It also defines when there is no opposition (access before 2003, inclusion in the ITPGRFA Multilateral System, or foreign origin with certificate) and the consequences of non-compliance for public officials.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "03/09/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102942.json", "html_url": "/legal/doc/norm-102942", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102942&nValor3=142609&strTipM=TC" }, { "id": "norm-102957", "citation": "Decreto 0", "section": "norms", "doc_type": "regulation", "title_en": "Update of Technical Standard for Design and Construction of Potable Water, Sanitary Sewer, and Storm Drainage Systems (Agreement No. 2017-281)", "title_es": "Actualización de la Norma técnica para diseño y construcción de sistemas de abastecimiento de agua potable, de saneamiento y pluvial (Acuerdo N° 2017-281)", "summary_en": "This technical standard from the Costa Rican Institute of Aqueducts and Sewers (AyA) sets requirements for the design and construction of potable water supply, wastewater collection, and storm drainage systems. The document details modifications to specific sections of the previous version, including minimum pipe diameter in distribution networks (100 mm as general rule, 75 mm allowed in limited sites without hydrants), the obligation to comply with the Seismic Code, Electrical Code, and the General Specifications Manual for Construction of Roads, Paths, and Bridges (CR-2020). Duplicate provisions on hydrant spacing already regulated by Decree No. 42563-MP-MINAE are removed, and technical details for service connection interconnections with tee saddles or PVC tees are incorporated. This standard was repealed in 2025.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102957.json", "html_url": "/legal/doc/norm-102957", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102957&strTipM=TC&nValor3=0" }, { "id": "norm-102976", "citation": "Ley 10457", "section": "norms", "doc_type": "law", "title_en": "Hummingbird as National Symbol Law", "title_es": "Ley del Colibrí como Símbolo Nacional", "summary_en": "Law No. 10457 designates two hummingbird species —Amazilia boucardi and Microchera cupreiceps— as national symbols of Costa Rican wildlife. The primary purpose is to raise the profile of these endemic birds and reinforce the State's commitment to protecting their natural habitats. The law tasks MINAE with ensuring the conservation of hummingbird populations and enforcing applicable environmental laws and international agreements. It mandates MEP to include hummingbird and habitat protection in educational programs, and authorizes ICT to use their image in tourism campaigns. While the law does not create specific conservation obligations beyond those already existing, it elevates these species to a symbolic status that can strengthen the enforcement of environmental legislation, particularly the Wildlife Conservation Law and the Organic Environmental Law, within their range.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "20/03/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102976.json", "html_url": "/legal/doc/norm-102976", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102976&strTipM=TC&nValor3=0" }, { "id": "norm-102977", "citation": "Ley 10533", "section": "norms", "doc_type": "law", "title_en": "Blue Fund Creation Law", "title_es": "Ley de Creación del Fondo Azul", "summary_en": "Law 10533 creates the Blue Fund for Marine-Coastal Ecosystem Services for the conservation and economic development of coastal zones. It defines its legal, financial and operational structure to provide payments to projects for conservation, sustainable use, restoration, research, recovery and capacity building that maintain or increase marine and coastal ecosystem services. The Fund is administered by the Environmental Bank Foundation (Funbam), which will have a Technical-Scientific Advisory Committee and a Specialized Technical Execution Unit. Financing mechanisms include a voluntary recognition certificate for sport and tourist fishing, a blue maritime seal for cargo transport, and a levy for the transformation of the tuna fleet. At least 50% of revenues will go to solid waste pollution reduction projects in rivers and seas, prioritizing coastal municipalities and communities.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "02/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102977.json", "html_url": "/legal/doc/norm-102977", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102977&strTipM=TC&nValor3=0" }, { "id": "norm-102994", "citation": "Decreto 44678", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendments to the RTCA on fertilizers and agricultural soil amendments", "title_es": "Modificaciones al RTCA sobre fertilizantes y enmiendas de uso agrícola", "summary_en": "This executive decree incorporates into Costa Rican law the partial amendments to the Central American Technical Regulation RTCA 65.05.54:15, approved by COMIECO through Resolution No. 479-2023. The changes focus on labeling and composition: standardizing consistency between label and registration, identifying chelating agents, expressing components in mass/mass and mass/volume percentages, defining how to declare the minimum guaranteed concentration for inorganic amendments, and including the presence or absence of heavy metals. It also modifies the normative annexes on labeling information for solid and liquid fertilizers and amendments. The decree also amends Executive Decree No. 39733-COMEX-MEIC-MAG of 2016 to incorporate these provisions into national law, aiming to harmonize Costa Rican regulations with regional standards. It becomes effective upon publication in La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/05/2024", "year": "2024", "json_url": "/data/legal/docs/norm-102994.json", "html_url": "/legal/doc/norm-102994", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=102994&strTipM=TC&nValor3=0" }, { "id": "norm-103049", "citation": "Decreto 44688", "section": "norms", "doc_type": "executive_decree", "title_en": "Ratification of the WTO Fisheries Subsidies Agreement Amendment Protocol", "title_es": "Ratificación del Protocolo de Enmienda del Acuerdo sobre Subvenciones a la Pesca de la OMC", "summary_en": "This executive decree ratifies the Protocol Amending the Marrakesh Agreement Establishing the World Trade Organization (WTO) and its Annex on Fisheries Subsidies, previously approved by the Legislative Assembly through Law No. 10520 of September 13, 2024. The ratification formalizes Costa Rica's consent to the international treaty, which aims to discipline fisheries subsidies contributing to overcapacity and overfishing, thereby promoting the conservation of marine resources. The decree is issued under the constitutional powers of the Executive Branch and the Ministry of Foreign Trade, and it enters into force on September 26, 2024. It contains no additional substantive provisions, being merely the formal act of ratification.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/09/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103049.json", "html_url": "/legal/doc/norm-103049", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103049&strTipM=TC&nValor3=0" }, { "id": "norm-103050", "citation": "Decreto 44689", "section": "norms", "doc_type": "executive_decree", "title_en": "Publication of COMIECO Resolutions on Electronic Transmission of Sanitary and Phytosanitary Certificates", "title_es": "Publicación de resoluciones COMIECO sobre transmisión electrónica de certificados sanitarios y fitosanitarios", "summary_en": "Executive Decree No. 44689-MAG-COMEX publishes two resolutions of the Council of Ministers of Economic Integration (COMIECO). Resolution No. 481-2023 approves that, as of January 30, 2024, the electronic transmission of data from harmonized sanitary and phytosanitary export certificates among the States Parties to the Central American Economic Integration Subsystem will be carried out through the Central American Digital Trade Platform (PDCC), administered by SIECA. It includes a detailed technical guide establishing XML schemas, transmission processes, border post catalogs, and contingency procedures. Resolution No. 485-2023 modifies the former, extending the deadline for the Republic of Panama to join this electronic modality no later than March 30, 2024, while maintaining the previous regime based on physical certificates under Resolution No. 456-2021. Both resolutions are part of the Central American Strategy for Trade Facilitation and Competitiveness (ECFCC), specifically the short-term priority measure on electronic phyto- and zoosanitary certificates.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/05/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103050.json", "html_url": "/legal/doc/norm-103050", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103050&strTipM=TC&nValor3=0" }, { "id": "norm-103069", "citation": "Acuerdo 222", "section": "norms", "doc_type": "agreement", "title_en": "Land uses in the Papagayo Gulf Tourist Resort", "title_es": "Usos de suelo en el Polo Turístico Golfo de Papagayo", "summary_en": "The Board of Directors of the Costa Rican Tourism Institute, through Agreement SJD-222-2024, reiterates and clarifies the permitted land uses within the Papagayo Gulf Tourist Resort (PTGP). Activities are unified under two main categories: hotel land use, which includes hotel, hotel under restriction, residential, commercial, condohotel, campground, and public parking, without mutual exclusion; and institutional and community land use, which includes institutional, community, cultural, and elderly area uses. It is noted that any project change must comply with the requirements of the Regulation to the Law Regulating the Development and Execution of the PTGP. Additionally, if a project is submitted partially or totally under the condominium regime of Law 7933, it must fulfill the provisions of Chapter V and point VII of the annex to the same regulation. Concessionaires are instructed to indicate for each approved development project the area designated for each activity, in accordance with the guidelines of the PTGP Master Plan, by providing the respective sheet with the breakdown of areas by authorized activities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103069.json", "html_url": "/legal/doc/norm-103069", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103069&strTipM=TC&nValor3=0" }, { "id": "norm-103099", "citation": "Resolución 0148", "section": "norms", "doc_type": "resolution", "title_en": "Temporary Suspension of Tariff Methodology for Biomass Cogeneration", "title_es": "Suspensión temporal de la Metodología para tarifas de cogeneración con biomasa", "summary_en": "ARESEP's Board of Directors temporarily suspends the effects of resolution RE-0038-JD-2024, which established a tariff methodology for electricity cogeneration with biomass, and reinstates the previous methodology under RJD-004-2010. The decision is based on the existence of administrative appeals and a provisional injunctive relief granted by the Administrative Court, which suspended the challenged resolution. The Board finds that immediate application of the new methodology could cause serious harm to cogenerators and imbalances in the national electricity system, especially during the sugar cane harvest season. The suspension will remain until the Court rules otherwise, for a maximum of six months, or until the administrative appeals are definitively resolved, thus ensuring legal certainty in the sector.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103099.json", "html_url": "/legal/doc/norm-103099", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103099&strTipM=TC&nValor3=0" }, { "id": "norm-103101", "citation": "Resolución 050", "section": "norms", "doc_type": "resolution", "title_en": "General Management Plan for Iguanita National Wildlife Refuge", "title_es": "Plan General de Manejo del Refugio Nacional de Vida Silvestre Iguanita", "summary_en": "Resolution R-SINAC-CONAC-050-2024 formalizes the General Management Plan (PGM) for the Iguanita National Wildlife Refuge, a coastal protected area located in Bahía Culebra, between Liberia and Carrillo cantons, spanning 118.3 hectares. Approved by the National Council of Conservation Areas (CONAC) following a participatory process involving the Tempisque Conservation Area Regional Council and the ACT Technical Committee, the PGM defines conservation objectives, zoning of the refuge (minimal/no intervention, low intervention, high intervention, and private intervention zone), and permitted and prohibited activities in each zone. It establishes general rules for private properties within the refuge, requiring SINAC authorization for projects and environmental impact assessments, in compliance with Wildlife Conservation Law No. 7317 and Forestry Law No. 7575. The PGM is valid for 10 years with a review at 5 years, aiming to reduce pressures on ecosystems, promote sustainable tourism, research, and education, and strengthen protected area management.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "28/05/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103101.json", "html_url": "/legal/doc/norm-103101", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103101&strTipM=TC&nValor3=0" }, { "id": "norm-103127", "citation": "Circular 209", "section": "norms", "doc_type": "circular", "title_en": "Expansion of Circular No. 09-2024: Minimum Environmental Management Controls", "title_es": "Ampliación de la Circular N°09-2024: Controles Mínimos de Gestión Ambiental", "summary_en": "Circular No. 209-2024 of the Superior Council of the Judiciary expands Circular No. 09-2024, which establishes Minimum Environmental Management Controls for all judicial offices and courts in the country. This expansion focuses on Table No. 9, related to paper consumption management, and details a series of controls and activities aimed at reducing paper use through the digitization of administrative and judicial processes. Measures include continuing the use of the Electronic Vehicle Control System (SICOVE) for fleet management, automated registration of Seized Vehicles, electronic certification of criminal records, receipt of electronic invoices, use of electronic bidding in procurement, and the use of systems like PIN, PAO, SEVRI, and PAI under the Zero Paper Program institutional policies. The circular assigns direct responsible parties and the legal basis for each control, and includes observations regarding exceptions for vulnerable populations or technological limitations. The aim is to standardize processes, improve efficiency, and contribute to institutional environmental sustainability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103127.json", "html_url": "/legal/doc/norm-103127", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103127&strTipM=TC&nValor3=0" }, { "id": "norm-103140", "citation": "Decreto 44702", "section": "norms", "doc_type": "executive_decree", "title_en": "Public interest declaration for community docks in Puntarenas, Guanacaste, and Limón", "title_es": "Declaratoria de interés público para embarcaderos vecinales en Puntarenas, Guanacaste y Limón", "summary_en": "This executive decree declares the construction of public community docks in seventeen specific coastal communities in the provinces of Puntarenas, Guanacaste, and Limón to be of public interest. It is based on the need to provide these populations with minor port infrastructure that guarantees safe and adequate conditions for the embarkation and disembarkation of persons, given the current lack of such facilities, which endangers the lives, physical integrity, and safety of residents and tourists. The decree empowers the Central Public Administration, state institutions and companies, and urges private companies to collaborate with local governments to materialize these projects, always within the framework of their powers and in compliance with the legal system. The norm does not directly address environmental aspects, although projects executed in the maritime-terrestrial zone must comply with the corresponding environmental permits and evaluations under current legislation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/09/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103140.json", "html_url": "/legal/doc/norm-103140", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103140&strTipM=TC&nValor3=0" }, { "id": "norm-103182", "citation": "Reglamento municipal 297", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Integrated Solid Waste Management Plan for the Paquera District Municipal Council 2023-2027", "title_es": "Plan de Gestión Integral de Residuos Sólidos del Concejo Municipal del Distrito de Paquera 2023-2027", "summary_en": "This document is the Integrated Solid Waste Management Plan (PGIRS) for the Paquera District Municipal Council for the period 2023-2027. It is based on a participatory diagnosis of the district's current waste situation, identifying management practices, key stakeholders, needs, and challenges. The plan establishes four strategic pillars: education and awareness, economic sustainability, institutional strengthening, and waste valorization. It includes objectives, goals, actions, indicators, and a timeline to implement an efficient and self-sustainable waste management system, in compliance with Law 8839 on Integrated Waste Management. It also addresses aspects such as fees, delinquency, and the creation of an environmental management unit. The plan seeks to expand collection coverage to 100% of the district and promote a circular economy by recovering recyclable materials.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/12/2023", "year": "2023", "json_url": "/data/legal/docs/norm-103182.json", "html_url": "/legal/doc/norm-103182", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103182&strTipM=TC&nValor3=0" }, { "id": "norm-103189", "citation": "Decreto 44719", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Plant Protection Law Regulation on Living Modified Organisms", "title_es": "Reforma del Reglamento a la Ley de Protección Fitosanitaria sobre Organismos Vivos Modificados", "summary_en": "Executive Decree 44719-MAG, signed in July 2024, amends two provisions of the Regulation to the Plant Protection Law (Decree 26921-MAG of 1998) concerning living modified organisms (LMOs) for agricultural use. Based on the Plant Protection Law (No. 7664), the Biodiversity Law (No. 7788), the Convention on Biological Diversity, and the Cartagena Protocol on Biosafety, the amendment aims to update the existing regulation in line with scientific advances and harmonize it with international instruments. The decree modifies the scope of the Certificate of Release to the Environment (CLA), clarifying that it covers import, movement, release, research, reproduction, commercialization, and any activity outside confined use of LMOs, as well as confined research and experimentation activities, except for confined teaching and research by public universities without commercial purposes. It also clarifies that the CLA enables the commercialization of propagative materials for registered projects. Additionally, Article 131 is amended to make the State Phytosanitary Service (SFE) responsible for establishing and verifying compliance with guidelines for the commercialization of LMOs, preventing unauthorized use, dissemination, or establishment outside authorized projects, and requiring LMOs commercialized in Costa Rica to be identified using form BIO-04. The amendment emphasizes that it does not create or modify any procedures, requirements, or formalities, thus not requiring prior regulatory improvement review.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "12/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103189.json", "html_url": "/legal/doc/norm-103189", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103189&strTipM=TC&nValor3=0" }, { "id": "norm-103190", "citation": "Decreto 44720", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Technical Regulation for the Registration of Invertebrate Organisms (Arthropods and Nematodes) for Agricultural Use", "title_es": "Reforma al Reglamento Técnico para el Registro de Organismos Invertebrados (Artrópodos y Nematodos) de Uso Agrícola", "summary_en": "Executive Decree No. 44720-MAG, issued in August 2024, amends the Technical Regulation for the Registration of Invertebrate Organisms (Arthropods and Nematodes) for Agricultural Use, Decree No. 33103-MAG of 2006. The amendment adds a requirement for applicants to submit proof of payment of the fee established in Executive Decree No. 27763. The aim is to comply with Directive 021-MEIC regarding the publication of requirements in the National Catalog of Procedures, based on the Plant Protection Law and the Law for the Protection of Citizens against Excessive Administrative Requirements and Procedures. The norm does not create or modify substantive procedures, so it did not require a regulatory improvement process.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103190.json", "html_url": "/legal/doc/norm-103190", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103190&strTipM=TC&nValor3=0" }, { "id": "norm-103207", "citation": "Decreto 44741", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Prevention, Preparedness and Response to Chemical Accidents", "title_es": "Reglamento para la Prevención, Preparación y Respuesta ante Accidentes Químicos", "summary_en": "This executive decree establishes the regulatory framework for the prevention, preparedness, and response to chemical accidents in establishments handling hazardous chemical substances. It classifies establishments as either high or low risk based on the quantity and hazard classification of substances present, using a detailed methodology in Annex 1. High-risk establishments must develop and submit a Chemical Accident Prevention, Preparedness and Response Plan, which includes a Risk Reduction Program and a Community Coordination and Preparedness Program. Responsibilities are assigned to the Ministry of Health, SENASA, and the Fire Department for receiving information, inspection, and enforcement. It sets deadlines for correcting non-conformities classified as minor, moderate, significant, or serious, and provides for sanctions including suspension or cancellation of the Sanitary Operating Permit or the Veterinary Operation Certificate. It also mandates accident notification and dissemination of plans to employees and the community.", "primary_topic_id": null, "topic_ids": [], "date": "05/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103207.json", "html_url": "/legal/doc/norm-103207", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103207&strTipM=TC&nValor3=0" }, { "id": "norm-103231", "citation": "Ley 10568", "section": "norms", "doc_type": "law", "title_en": "Law for the Effective Protection of Undiscovered Cultural Objects", "title_es": "Ley para la tutela efectiva de los objetos culturales no descubiertos", "summary_en": "This law amends the National Archaeological Heritage Law (Law 6703) to enhance protection of undiscovered cultural objects, whether underground or underwater. It integrates these goods into the national archaeological heritage, declares void any transfer of illegally held objects, and mandates restitution to the State for illicitly excavated or retained items. An exception allows good-faith transmissions among indigenous people without profit. It reforms Articles 3, 15, 18, 19, and 21, and adds Article 24 bis. It requires the National Museum to supervise excavations and, in indigenous territories, mandates authorization from the local indigenous government and approval from the National Archaeological Commission. Penalties for failure to report findings or losses are updated and increased using base salaries. An annual budget allocation of at least three million colones is established for conservation. The law aims to close legal gaps in protecting undiscovered archaeological assets and strengthen institutional safeguarding.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703", "indigenous-law-6172" ], "date": "28/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103231.json", "html_url": "/legal/doc/norm-103231", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103231&strTipM=TC&nValor3=0" }, { "id": "norm-103233", "citation": "Decreto 18", "section": "norms", "doc_type": "regulation", "title_en": "Regulation for the Administration and Operation of the Institutional Warehouse and Emergency Warehouses of the CNE", "title_es": "Reglamento para la administración y funcionamiento del almacén institucional y de las bodegas de emergencia de la CNE", "summary_en": "This regulation, approved by the Board of Directors of the National Commission for Risk Prevention and Emergency Response (CNE), establishes the legal framework for the administration, control, and operation of the CNE's Institutional Warehouse and Emergency Warehouses (central and regional). Its purpose is to regulate the processes of receipt, registration, storage, custody, use, allocation, transfer, and final disposal of assets, materials, and supplies, ensuring principles of efficiency, effectiveness, and economy, in accordance with International Public Sector Accounting Standards (IPSAS). It defines responsibilities for the Institutional Procurement and Operations Management units, and sets procedures for the reception of goods, inventory management (FIFO system), physical counts, accounting reconciliations, and acceptable discrepancy margins (2% of total inventory). It also regulates transfers between warehouses, control of inventories held by third parties, prohibitions for staff, and provisions on insurance and sanctions. The rule covers all goods acquired with ordinary, emergency, or donated funds, and aims to protect institutional assets from deterioration, misuse, or loss.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103233.json", "html_url": "/legal/doc/norm-103233", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103233&strTipM=TC&nValor3=0" }, { "id": "norm-103237", "citation": "Decreto 44754", "section": "norms", "doc_type": "executive_decree", "title_en": "National emergency declaration for the November 2024 hydrometeorological phenomenon", "title_es": "Declaratoria de emergencia nacional por fenómeno hidrometeorológico de noviembre 2024", "summary_en": "This executive decree declares a state of national emergency in multiple cantons of the provinces of San José, Alajuela, Guanacaste, Puntarenas, and Limón, due to the impacts caused by the indirect influence of Hurricane Rafael, atmospheric instability from the Intertropical Convergence Zone, tropical waves, and Tropical Storm Sara between November 1 and 18, 2024. The phenomenon generated heavy rains, flooding, landslides, and damage to road infrastructure, schools, drinking water and sewer systems, displacing people to shelters. The decree mandates the National Commission for Risk Prevention and Emergency Response (CNE) to coordinate response, rehabilitation, and reconstruction, and authorizes public institutions to simplify procedures, hire specialized personnel, and use the National Emergency Fund. Entities are instructed to take legal actions against hoarding and speculation, and legal easements are imposed on private properties for emergency works. The decree is grounded in the National Emergency and Risk Prevention Law No. 8488 and constitutional case law on states of necessity.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103237.json", "html_url": "/legal/doc/norm-103237", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103237&strTipM=TC&nValor3=0" }, { "id": "norm-103246", "citation": "Decreto 44726", "section": "norms", "doc_type": "executive_decree", "title_en": "National Convenience Declaration for the El Quijote Wind Project", "title_es": "Declaratoria de Conveniencia Nacional del Proyecto Eólico El Quijote", "summary_en": "This executive decree declares the El Quijote Wind Project of national convenience. The project is an 8-turbine wind farm (4.3 MW each) to be built in Bagaces, Guanacaste, by Proyecto Eólico Quijote S.A. The declaration is based on Articles 19(b) and 34 of the Forestry Law, which prohibit land-use change and tree cutting in forests and protection areas, with an exception for projects declared of national convenience when social benefits outweigh socio-environmental costs. A socio-economic evaluation by MINAE showed a social IRR of 18.40% and a positive social NPV of US$37,090,409. The project holds an environmental viability permit from SETENA and is located outside any protected wild area. The decree authorizes limited, proportional, and reasonable tree cutting in forest and protection areas, subject to prior permits from SINAC and compliance with approved environmental measures and compensation plans.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "23/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103246.json", "html_url": "/legal/doc/norm-103246", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103246&strTipM=TC&nValor3=0" }, { "id": "norm-103257", "citation": "Decreto 44728", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of Technical Standards on Pesticide Analysis", "title_es": "Derogación de normas técnicas sobre análisis de plaguicidas", "summary_en": "Executive Decree No. 44728-MAG-MEIC repeals six 1998 technical regulations that set forth analytical methods for pesticide formulations: determination of dust content, wettability, emulsion stability, dilution stability, suspensibility, and minimum suspensibility values. The repeal is grounded on the fact that these methods have become obsolete, outdated, or incomplete according to international scientific and technical references such as CIPAC and FAO, which have published substantial updates. The decree clarifies that the original norms did not constitute true technical regulations under the WTO TBT Agreement, as they did not establish product characteristics or mandatory requirements on terminology or labeling. Going forward, analytical methods will be set directly by the Agrochemical Quality Control Laboratory within its quality management system, aiming to expedite the adoption of new analytical procedures without requiring an executive decree for each update.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/07/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103257.json", "html_url": "/legal/doc/norm-103257", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103257&strTipM=TC&nValor3=0" }, { "id": "norm-103261", "citation": "Decreto 44747", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Policy for Agricultural Pesticides 2024-2034", "title_es": "Política Pública para los Plaguicidas de Uso Agrícola 2024-2034", "summary_en": "This executive decree formalizes the Public Policy for Agricultural Pesticides 2024-2034 and its Action Plan 2024-2028. The policy, mandatory for the agricultural, environmental, and health sectors, aims to reduce harm to agriculture, the environment, and public health through integrated management of the registration, use, and control of agricultural pesticides. It is structured around three strategic axes: inter-institutional regulatory framework, safety and sustainability in pesticide management, and digital transformation and traceability. The decree assigns responsibilities to the heads of the relevant ministries to ensure necessary resources and coordination, creates an Inter-institutional Technical Committee, and establishes that the policy will be implemented through biennial action plans, with a ten-year term. In its recitals, the decree invokes the constitutional right to a healthy environment, phytosanitary protection, and the powers of the Ministries of Agriculture, Environment, and Health.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "wildlife-law-7317" ], "date": "06/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103261.json", "html_url": "/legal/doc/norm-103261", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103261&strTipM=TC&nValor3=0" }, { "id": "norm-103268", "citation": "Circular 233", "section": "norms", "doc_type": "circular", "title_en": "Emergency response to red alert for unstable rain patterns", "title_es": "Atención de emergencia por alerta roja climática", "summary_en": "Circular 233-2024 of the Superior Council of the Judiciary establishes contingency measures in response to a red alert declaration due to unstable rain patterns in Costa Rica's Pacific zone. It orders that judicial offices shall not close unless human health or life is at risk, a determination to be made by the Administrative Councils. Exceptional closures do not suspend legal deadlines. Heads of offices are instructed to evaluate teleworking, paid leave, and postponing proceedings in high-risk areas. The priority is safeguarding human life and then maintaining continuity of critical judicial services. The Protocol for Natural and Anthropic Disaster Response is activated, and the Human Resources Management Directorate is ordered to study affected staff and coordinate aid. The circular reiterates the decision-making powers of the Administrative Councils and the Institutional Regulation for Emergency Management in the Costa Rican Judiciary.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103268.json", "html_url": "/legal/doc/norm-103268", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103268&strTipM=TC&nValor3=0" }, { "id": "norm-103336", "citation": "Decreto 44", "section": "norms", "doc_type": "regulation", "title_en": "Amendment to the Technical Standard for Design and Construction of Potable Water, Sanitation, and Stormwater Systems (Agreement 2017-281)", "title_es": "Reforma a la Norma Técnica para Diseño y Construcción de Sistemas de Agua Potable, Saneamiento y Pluvial (Acuerdo 2017-281)", "summary_en": "This decree documents AyA Board of Directors Agreement No. 44-2024, which approves and publishes amendments to the technical standard governing the design and construction of potable water supply, sanitation, and stormwater drainage systems in Costa Rica. The amendment, subjected to prior public consultation under Agreement 2024-0095, updates the technical benchmarks that authorized operators must meet, jointly with AyA, to ensure quality and sustainability of drinking water and wastewater management services. The agreement also establishes the communication of modifications to the Ministry of Economy, Industry, and Commerce via the Digital Prior Control System (SICOPRE) before publication in La Gaceta, ensuring state regulatory oversight. Additionally, it orders notification of responses to observations received during public consultation, based on technical reports, once the agreement is published. The original technical standard was approved under Agreement 2017-281, and this amendment is part of its continuous improvement.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "02/09/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103336.json", "html_url": "/legal/doc/norm-103336", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103336&strTipM=TC&nValor3=0" }, { "id": "norm-103337", "citation": "Decreto 44673", "section": "norms", "doc_type": "executive_decree", "title_en": "National Convenience Declaration for the Guácimo-Limón Drinking Water System Improvement and Expansion Project", "title_es": "Declaratoria de Conveniencia Nacional del Proyecto Mejoramiento y Ampliación del Sistema de Agua Potable de Guácimo-Limón", "summary_en": "This executive decree declares the Guácimo drinking water system improvement and expansion project in Limón to be of national convenience. The project is to be carried out by the Costa Rican Institute of Aqueducts and Sewers (AyA). Under the Forestry Law, tree felling in forests and protected areas is only allowed for projects declared of national convenience. The decree authorizes the targeted felling of trees identified in an inventory, provided they are not located on State Natural Heritage lands, and requires permits from SINAC. It also mandates environmental compensation measures and coordination with the Ministry of Environment and Energy for timber use. The declaration is based on the environmental viability granted by SETENA and on studies showing a net positive social benefit. The project aims to address the insufficiency of the current aqueduct and guarantee access to drinking water, a constitutional human right, for over 57,000 people in 26 communities.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "water-law" ], "date": "27/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103337.json", "html_url": "/legal/doc/norm-103337", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103337&strTipM=TC&nValor3=0" }, { "id": "norm-103380", "citation": "Ley 10583", "section": "norms", "doc_type": "law", "title_en": "Declaration of Simón Bolívar National Zoo and Botanical Garden as a Meritorious Institution of the Homeland", "title_es": "Declaración del Parque Zoológico y Jardín Botánico Nacional Simón Bolívar como Benemérita de la Patria", "summary_en": "This legislative decree declares the Simón Bolívar National Zoo and Botanical Garden as a Meritorious Institution of Costa Rica. The Legislative Assembly recognizes the commendable work of this public entity in favor of Costa Rican fauna and flora, veterinary medicine for wildlife, national science in the area of natural conservation, and environmental education of the youth. The norm consists of a single article and takes effect upon publication. It does not establish any obligations nor modify environmental legal frameworks; rather, it grants an honorary recognition to a historic institution created in 1916, reaffirming its symbolic value for conservation and environmental education in the country.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "04/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103380.json", "html_url": "/legal/doc/norm-103380", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103380&strTipM=TC&nValor3=0" }, { "id": "norm-103386", "citation": "Ley 10595", "section": "norms", "doc_type": "law", "title_en": "Law to Allow Municipalities to Build Aqueduct and Sewerage Works", "title_es": "Ley para permitir a las municipalidades la construcción de obra de acueducto y alcantarillado", "summary_en": "This law amends the Constitutive Law of the AyA to authorize the Costa Rican Institute of Aqueducts and Sewerage to formalize inter-institutional agreements with municipalities. These agreements allow municipalities to build, expand, and rehabilitate potable water and sewerage systems in areas where AyA lacks coverage or faces construction constraints, provided the water resource is technically available. Municipal studies and plans must receive prior technical and design approval from AyA to ensure future integration. Upon satisfactory receipt of the works, AyA will include a component in the service tariff to fully pay the municipality for the approved work, including expropriation and easement costs. The works and lands become AyA's property. The tariff model for payment must be approved by ARESEP. A transitional provision mandates AyA to regulate within six months the payment terms, project formulation, approval, supervision procedures, and registry transfer of lands and easements.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "11/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103386.json", "html_url": "/legal/doc/norm-103386", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103386&strTipM=TC&nValor3=0" }, { "id": "norm-103415", "citation": "Resolución 503", "section": "norms", "doc_type": "resolution", "title_en": "Mangrove Forest PES Manual", "title_es": "Manual de PSA en Bosques de Mangle", "summary_en": "Resolution R-503-2024-MINAE issues and authorizes the Operating Manual for a pilot plan for payment for environmental or ecosystem services (PES) in mangrove forests, pursuant to the amendment of Article 62 of the Forestry Law Regulations (Decree 44558-MINAE). The manual establishes the procedure for organized shellfish-harvesting associations in the Gulf of Nicoya to receive financial recognition for conservation and sustainable harvesting activities. It details entry requirements, technical, administrative and financial obligations of the associations, the contract process, disbursement mechanisms (four quarterly payments of an annual per-person amount), and the responsible entities: MINAE, SINAC, FONAFIFO, INCOPESCA and FUNBAM. A Biologist Manager is defined for technical supervision. The pilot applies exclusively to six pre-identified associations. Appendices include forms, informed consent, a contract model, and methodologies for shellfish breeding and monitoring, as well as mangrove ecological monitoring.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "08/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103415.json", "html_url": "/legal/doc/norm-103415", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103415&strTipM=TC&nValor3=0" }, { "id": "norm-103426", "citation": "Decreto 44790", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform to Environmental Discharge Fee and Wastewater Treatment Regulations", "title_es": "Reforma Reglamento Canon Ambiental por Vertidos y Sistemas de Tratamiento", "summary_en": "This executive decree amends the Environmental Discharge Fee Regulation (Decree 42128) and the Wastewater Treatment Systems Approval Regulation (Decree 39887) to address the discharge of treated wastewater into intermittent-flow receiving water bodies. Recognizing that climate change has reduced streamflows, causing seasonal drying, a new article 19 BIS is added. It allows discharge permits for intermittent bodies under specific conditions: during flow months with an alternative final disposal in dry months; transferring water into the channel to maintain flow; or, exceptionally, discharging in dry months if the treated effluent quality equals or exceeds the receiving water quality during flow and stagnation is prevented. Definitions of permissible discharge limit and discharge permit are updated, and Article 6 of the Treatment Systems Regulation is expanded to explicitly include soil infiltration, evaporation, and multimodal disposal, reinforcing the requirement for a MINAE discharge permit when using a receiving water body.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "29/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103426.json", "html_url": "/legal/doc/norm-103426", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103426&strTipM=TC&nValor3=0" }, { "id": "norm-103427", "citation": "Ley 10622", "section": "norms", "doc_type": "law", "title_en": "Law Approving Loan Contract 9502-CR CAT DDO", "title_es": "Ley de Aprobación del Contrato de Préstamo 9502-CR CAT DDO", "summary_en": "This law approves Loan Contract No. 9502-CR between Costa Rica and the IBRD for US$160 million for the Second Development Policy Loan for Disaster Risk Management with Catastrophe Deferred Drawdown Option (CAT DDO). It designates the National Commission for Risk Prevention and Emergency Response (CNE) as the executing agency, establishes special public procurement procedures based on the National Emergency Law (Law 8488) and its regulations, and authorizes the incorporation of funds into the national budget via executive decree. It exempts loan documents and the procurement of goods and services from various taxes, including VAT, selective consumption tax, and import duties, as well as the single fuel tax. It mandates that funds be managed under the State's single treasury account principle and sets reporting obligations to the Legislative Assembly and the Comptroller General on disbursements and the General Emergency Plan. The law does not address substantive environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103427.json", "html_url": "/legal/doc/norm-103427", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103427&strTipM=TC&nValor3=0" }, { "id": "norm-103455", "citation": "Ley 10607", "section": "norms", "doc_type": "law", "title_en": "Authorization for the Municipality of Siquirres to donate land to the Cairo ASADA", "title_es": "Autorización a la Municipalidad de Siquirres para donar terreno a ASADA de Cairo", "summary_en": "Law 10607 authorizes the Municipality of Siquirres to donate a property it owns to the Cairo District Integrated Aqueduct and Sanitary Sewer System Administrative Association (ASADA). The property, located in the La Alegría district, covers 20,000 m² and includes a water spring. The law requires ASADA to register the property with a designation of protection for aquifers and springs, thereby subjecting it to the public interest of protecting water resources in Siquirres. The donation is exempt from taxes, fees, stamps, and municipal charges.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "15/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103455.json", "html_url": "/legal/doc/norm-103455", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103455&strTipM=TC&nValor3=0" }, { "id": "norm-103456", "citation": "Ley 10608", "section": "norms", "doc_type": "law", "title_en": "Authorization for the Municipality of Siquirres to Donate Land to the ASADA of La Alegría", "title_es": "Autorización a la Municipalidad de Siquirres para donar terrenos a la ASADA de La Alegría", "summary_en": "Law 10608 authorizes the Municipality of Siquirres to donate two properties, each 5,000 m², to the ASADA of La Alegría de Siquirres. Both properties are designated for the protection of aquifers in the district of La Alegría, canton of Siquirres, Limón province. The donation covers properties with registration numbers 142671-000 and 142672-000. The ASADA is prohibited from changing the nature of the land, which remains subject to the public interest of aquifer protection. The deeds and their registration are exempt from taxes, fees, stamps, and municipal charges. The law takes effect upon publication on November 15, 2024.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103456.json", "html_url": "/legal/doc/norm-103456", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103456&strTipM=TC&nValor3=0" }, { "id": "norm-103459", "citation": "Decreto 44788", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Interest Declaration for La Sabana and La Paz Metropolitan Parks", "title_es": "Declaratoria de interés público Parque Metropolitano La Sabana y Parque La Paz", "summary_en": "Executive Decree 44788-MINAE declares of public interest the conservation, improvement, and replacement works of facilities in the La Sabana Metropolitan Park and La Paz Park, as well as their surroundings and connected areas. It is based on the need to rehabilitate these urban green spaces due to ecological and infrastructure deterioration, highlighting the loss of water mass in the La Sabana lake, high contamination, and sedimentation. The decree establishes that interventions must promote urban biodiversity, biological connectivity, climate change adaptation, and park safety. It details allowed activities such as technical studies, lake waterproofing, water treatment systems, reforestation with native species, construction of sports fields, and lighting. Public institutions and the private sector may contribute resources, and procedures will receive priority treatment. Works in La Sabana must comply with the Architectural Heritage Law, and environmental impact assessment is required, according to the binding opinion of SETENA issued in official letter SETENA-SG-1409-2024. The decree is based on the Environmental Law, the Biodiversity Law, and international commitments of the New Urban Agenda.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "27/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103459.json", "html_url": "/legal/doc/norm-103459", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103459&strTipM=TC&nValor3=0" }, { "id": "norm-103464", "citation": "Ley 10622-A", "section": "norms", "doc_type": "law", "title_en": "Approval of the CAT DDO Loan Agreement", "title_es": "Aprobación del Contrato de Préstamo CAT DDO", "summary_en": "Law No. 10622 approves Loan Agreement No. 9502-CR between Costa Rica and the International Bank for Reconstruction and Development (IBRD) for up to US$160 million, financing the Second Disaster Risk Management Development Policy Loan with a Catastrophe Deferred Drawdown Option (CAT DDO). The financing supports a program to strengthen inclusive and resilient financial management of disaster risks, mainstream gender equality in the national risk management system, enhance climate change adaptation in key sectors, and improve integrated water resources management in the Sarapiquí basin. Disbursements are conditioned on a declaration of national emergency due to a natural disaster and the Bank’s satisfaction with program progress. The loan features a graduated repayment schedule of up to 31 semiannual installments, with a grace period of approximately 4 years. Capitalization of the closing date extension fee is authorized.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103464.json", "html_url": "/legal/doc/norm-103464", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103464&strTipM=TC&nValor3=0" }, { "id": "norm-103471", "citation": "Decreto 44810", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Interest for the National Cadastre Survey Project", "title_es": "Declaratoria de interés público del Proyecto de Levantamiento Catastral", "summary_en": "This executive decree declares the National Cadastre Survey Project of the National Registry to be of public interest. Its primary purpose is to provide legal certainty over registered real estate by forming the national cadastre and making cadastral and registry information compatible. The norm authorizes public and private institutions, within the legal framework, to establish support and cooperation mechanisms to promote the project. The decree is based on the National Cadastre Law (No. 6545), the National Registry Creation Law (No. 5695), and the Real Estate Registry Organization Regulation (Decree No. 35509-J), among others. It highlights that the project is a key input for land-use planning, municipal projects, and database integration. It does not establish new procedures or requirements for citizens. It takes effect upon publication in La Gaceta.", "primary_topic_id": null, "topic_ids": [], "date": "26/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103471.json", "html_url": "/legal/doc/norm-103471", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103471&strTipM=TC&nValor3=0" }, { "id": "norm-103479", "citation": "Ley 10622-B", "section": "norms", "doc_type": "law", "title_en": "Law 10622-B: Approval of Loan Agreement No. 9502-CR for Disaster Risk Management", "title_es": "Ley 10622-B: Aprobación del Contrato de Préstamo N.º 9502-CR para Gestión del Riesgo de Desastres", "summary_en": "This law approves Loan Agreement No. 9502-CR between the Republic of Costa Rica and the International Bank for Reconstruction and Development (IBRD) for up to US$160 million. The loan finances the Second Development Policy Loan for Disaster Risk Management with a Catastrophe Deferred Drawdown Option (Cat DDO). The norm includes the full text of the IBRD General Conditions for Development Policy Financing (revised as of January 1, 2022), establishing financial terms, disbursement conditions, repayment, conversions, grounds for suspension, cancellation and acceleration, and arbitration mechanisms. It does not regulate any substantive environmental matter; it is limited to authorizing an international financing instrument for development policies in risk management, without provisions on environmental impact assessment, biodiversity, forests, water or other components of Costa Rican environmental law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103479.json", "html_url": "/legal/doc/norm-103479", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103479&strTipM=TC&nValor3=0" }, { "id": "norm-103483", "citation": "Decreto 44773", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to INTA Law Regulation", "title_es": "Reforma al Reglamento de la Ley del INTA", "summary_en": "This executive decree amends the Regulation to the Law of the National Institute for Innovation and Transfer in Agricultural Technology (INTA), Executive Decree 31857-MAG of 2004. The amendment updates INTA's organizational structure to adapt it to the current needs of the agricultural sector and improve efficiency in service delivery, research, and technology transfer. Among the main changes, the Directorate of Research and Technological Development is modified to create specialized units by region (Dry Tropics, Central, Humid Tropics) and the Livestock Unit is abolished. A Knowledge Management Unit is created, centralizing technical information and technology transfer. Additionally, the Technical Cooperation Unit and the Institutional Planning Unit of INTA are eliminated, with their functions absorbed by equivalent units of the Ministry of Agriculture and Livestock (MAG). The position of INTA Deputy Director is also adjusted as a trust position subject to free appointment and removal by the Board of Directors. The reform does not create or modify administrative procedures, requirements, or paperwork, so it did not require a regulatory improvement process.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103483.json", "html_url": "/legal/doc/norm-103483", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103483&strTipM=TC&nValor3=0" }, { "id": "norm-103505", "citation": "Decreto 44820", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of Telecommunications Infrastructure Use Permit in Protected Wild Areas", "title_es": "Reforma al Permiso de Uso de Infraestructura de Telecomunicaciones en ASP", "summary_en": "Executive Decree No. 44820-MINAE-MICITT-MH adds Articles 16 Bis and 16 Ter to Executive Decree No. 41129, regulating in-kind payment modalities for the annual fee for using protected wild areas and state natural heritage for telecommunication infrastructure. It allows permit holders to pay through advertising slots in media or environmental SMS messages, coordinated with MINAE's Institutional Communication Department and the relevant Conservation Area. The reform also establishes consequences for non-compliance, which may lead to permit suspension. It aims to complement the original regulation, which only provided for monetary payment, and applies to general telecommunication infrastructure as well as private radiocommunication posts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103505.json", "html_url": "/legal/doc/norm-103505", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103505&strTipM=TC&nValor3=0" }, { "id": "norm-103511", "citation": "Decreto 10-1", "section": "norms", "doc_type": "regulation", "title_en": "SENARA Treasury Organization and Operation Regulation", "title_es": "Reglamento de organización y funcionamiento de la tesorería del SENARA", "summary_en": "The SENARA Treasury Organization and Operation Regulation establishes the structure, functions, and internal controls of the Treasury for both the central offices and the Arenal Tempisque Irrigation District (DRAT). It details the responsibilities of the Treasurer, including the collection, custody, and deposit of revenues; payment processing to suppliers via electronic transfer or check; administration of petty cash and travel advances; and custody of bid bonds and performance guarantees. It regulates the issuance and delivery of checks, auxiliary bank records, and the preparation of periodic reports. Security measures are imposed, such as fidelity bonds, restricted access to the Treasury office, and handling of keys and combinations of safe deposit boxes. Check signing is assigned in two joint groups, and cashing checks for employees or third parties is prohibited. The Administrative Directorate, the Financial Unit, and the Internal Audit may conduct cash counts without prior notice. The regulation takes effect upon publication in La Gaceta and repeals any conflicting prior provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103511.json", "html_url": "/legal/doc/norm-103511", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103511&strTipM=TC&nValor3=0" }, { "id": "norm-103527", "citation": "Reglamento municipal 199-1", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Procedure Manual for Maritime Zone Concessions in Nicoya", "title_es": "Manual de Procedimiento para Concesiones en Zona Marítimo Terrestre de Nicoya", "summary_en": "This municipal manual regulates the complete procedure for granting concessions in the maritime zone under the administration of the Municipality of Nicoya. It establishes the steps from filing the application, verifying requirements, field inspections, appraisal, publication of notice, hearing of oppositions, and decision by the Municipal Council. It also details specific procedures such as transfer of concessions, changes in land use, encumbrances, extensions, and cancellations. It includes procedures for authorizing construction within concession areas and mechanisms for addressing illegal occupations or invasions in public areas, setting clear deadlines for each stage. It is based on Law 6043 and its Regulation, and incorporates principles like \"first in time, first in right.\" Its purpose is to provide legal certainty and organize the municipality's internal processes, ensuring compliance with national regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103527.json", "html_url": "/legal/doc/norm-103527", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103527&strTipM=TC&nValor3=0" }, { "id": "norm-103537", "citation": "Decreto 2518", "section": "norms", "doc_type": "regulation", "title_en": "RACSA Quality Policy", "title_es": "Política de Calidad de RACSA", "summary_en": "Decree 2518 approves the Quality Policy of Radiográfica Costarricense S.A. (RACSA), a state-owned telecommunications company. The document commits the company to a Quality Management System based on the INTE/ISO 9001 standard, focused on customer satisfaction, service innovation, and continuous improvement. It defines responsibilities from the Board of Directors down to employees, and principles of strategic alignment, communication, and annual review. The policy is mandatory for all activities, processes, and contractual relationships of RACSA. It does not address any environmental, natural resource, or land-use matters, being strictly limited to corporate quality management.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103537.json", "html_url": "/legal/doc/norm-103537", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103537&strTipM=TC&nValor3=0" }, { "id": "norm-103581", "citation": "Resolución 067", "section": "norms", "doc_type": "resolution", "title_en": "Summary of the General Management Plan of the Hitoy Cerere Biological Reserve", "title_es": "Resumen del Plan General de Manejo de la Reserva Biológica Hitoy Cerere", "summary_en": "The National System of Conservation Areas' National Council (CONAC) approves the Summary of the General Management Plan (PGM) for the Hitoy Cerere Biological Reserve (RBHC) for the 2019-2028 period. This technical planning instrument establishes the objectives, zoning, permitted and prohibited activities, and monitoring mechanisms for the administration of this protected wild area. The RBHC, spanning 9,917 hectares in the Limón and Talamanca cantons, is part of the World Heritage Site and borders Indigenous territories. The PGM defines four intervention zones, the management focal elements (forests, aquatic ecosystems, felines and endemic herpetofauna), and seven specific objectives that integrate biodiversity protection with the participation of neighboring and Indigenous communities. The formalization complies with Biodiversity Law No. 7788 and guides the area's management toward long-term conservation.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "indigenous-law-6172" ], "date": "19/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103581.json", "html_url": "/legal/doc/norm-103581", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103581&strTipM=TC&nValor3=0" }, { "id": "norm-103592", "citation": "Decreto 2519", "section": "norms", "doc_type": "regulation", "title_en": "RACSA Environmental Policy", "title_es": "Política Ambiental de RACSA", "summary_en": "RACSA's Environmental Policy sets out the commitments and principles guiding the company's environmental management, aligned with national sustainable development strategies and INTE/ISO 14001. The policy is mandatory for all RACSA activities, processes, and contractual relationships that generate environmental impacts. Its objectives include integrating sustainability and efficient resource use, implementing integrated waste management, raising awareness among stakeholders, strictly complying with environmental law, adopting responsible procurement, valuing ecosystem services, and managing climate risks. The policy elaborates principles on GHG emission reduction, pollution prevention, legal compliance, sustainable procurement, social responsibility, corporate alignment with Grupo ICE, internal and external communication, and annual review. It repeals the previous 2016 environmental policy and takes effect upon publication in La Gaceta.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "25/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103592.json", "html_url": "/legal/doc/norm-103592", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103592&strTipM=TC&nValor3=0" }, { "id": "norm-103598", "citation": "Decreto 44843", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Construction and Demolition Waste Management", "title_es": "Reglamento para la gestión de los residuos de la construcción y de la demolición de obras", "summary_en": "This executive decree establishes the regulatory framework for the integrated management of waste generated during construction, expansion, remodeling, and demolition of public and private works in Costa Rica. It defines the obligations of waste generators —classified as major or minor based on project area— and of authorized waste managers. It requires a Comprehensive Waste Management Program per the General Regulation to Law 8839, quarterly reporting via the Single Investment Window for major generators, and recording of agreements with managers in the CFIA digital log. Technical requirements are specified for storage, segregation, particulate matter control, and prohibitions such as mixing with ordinary waste or disposal in unauthorized sites. The Ministry of Health is empowered to inspect, temporarily suspend, or immediately close works for non-compliance, with sanctions under Law 8839. The decree integrates the National Circular Economy Strategy and repeals Decree 39704-S. Annexes provide good practice guides, agreement templates, and certificates.", "primary_topic_id": null, "topic_ids": [], "date": "05/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103598.json", "html_url": "/legal/doc/norm-103598", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103598&strTipM=TC&nValor3=0" }, { "id": "norm-103603", "citation": "Decreto 0-A", "section": "norms", "doc_type": "regulation", "title_en": "Technical Specification AyA-6000-TBC-01-A01 Concrete Pipe for Storm Drains", "title_es": "Especificación Técnica AyA-6000-TBC-01-A01 Tubería de concreto para conductos pluviales", "summary_en": "This technical specification from the Costa Rican Institute of Aqueducts and Sewers (AyA) establishes requirements for circular concrete pipe, with or without reinforcement, used in gravity-fed storm drainage systems. It defines minimum classes based on vehicular traffic (minimum class III, ASTM C76M for reinforced and ASTM C14M for unreinforced), diameter requirements, elastomeric joints, use of synthetic and non-synthetic fibers, color per AyA stormwater standards, and legible, indelible marking. It also mandates product certification by a conformity assessment body and guidelines for handling, storage, and transportation. It does not address occupational safety or risk management.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/06/2021", "year": "2021", "json_url": "/data/legal/docs/norm-103603.json", "html_url": "/legal/doc/norm-103603", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103603&strTipM=TC&nValor3=0" }, { "id": "norm-103606", "citation": "Resolución 068", "section": "norms", "doc_type": "resolution", "title_en": "Chirripó National Park General Management Plan", "title_es": "Plan General de Manejo del Parque Nacional Chirripó", "summary_en": "The General Management Plan (PGM) for Chirripó National Park serves as the guiding instrument for its administration and conservation, approved by the National Council of Conservation Areas (CONAC). It outlines strategic objectives to conserve and restore biodiversity and ecosystem services, promote low-impact tourism, and facilitate scientific research. The plan establishes a zoning scheme with buffer zones and four internal intervention categories: no intervention, high, medium, and low. Each zone specifies allowed uses for conservation, research, tourism, and emergency response. The plan is valid for ten years with a recommended mid-term evaluation after five years.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "19/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103606.json", "html_url": "/legal/doc/norm-103606", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103606&strTipM=TC&nValor3=0" }, { "id": "norm-103612", "citation": "Resolución 583", "section": "norms", "doc_type": "resolution", "title_en": "Implementation of Aresep Contigo and Operator mobile applications", "title_es": "Implementación de aplicaciones móviles Aresep Contigo y Operador", "summary_en": "Resolution RE-0583-RG-2024 from the Regulatory Authority of Public Services (ARESEP) officially implements the mobile applications ARESEP Contigo, ARESEP Operador, and the Inconformidades web application, following a public consultation ordered by the Board of Directors. It defines 'inconformidad' (non-conformity) as a need raised by the user to the provider for improving a service element, distinguishing it from formal complaints and denunciations. It instructs public service operators such as buses, taxis, railways, and service stations to use these tools to manage non-conformities within a maximum of 30 calendar days and resolve them within 10 business days. The resolution details the interaction procedure, the obligation to keep information updated in the Regulatory Information System (SIR), and the mechanism for transforming unresolved non-conformities into formal complaints or denunciations before ARESEP's Single Window, ensuring citizen participation and regulatory transparency.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103612.json", "html_url": "/legal/doc/norm-103612", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103612&strTipM=TC&nValor3=0" }, { "id": "norm-103629", "citation": "Reglamento municipal 42", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Granting of Use Permits in the Maritime Terrestrial Zone of Lepanto", "title_es": "Reglamento de Permisos de Uso de la Zona Marítimo Terrestre en Lepanto", "summary_en": "The Regulation for the Granting of Use Permits in the Maritime Terrestrial Zone (ZMT) of the Lepanto District, approved by the Lepanto District Municipal Council in December 2024, establishes the local regulatory framework for managing the restricted coastal zone in the absence of a coastal regulatory plan. Its purpose is to regulate the use, conservation, and protection of the ZMT, ensuring orderly and sustainable urban development while respecting ecological balance and inhabitants' rights. It provides key definitions, prohibitions (e.g., no permits to foreigners with less than five years of residency or to entities with majority foreign capital), and the discretionary and revocable nature of use permits. It details the full procedure: application with specific requirements, file opening, cadastral and National Heritage verification, field inspection, appraisal, draft resolution, Council approval, fee payment, and contract signing. It regulates renewals, assignments, construction (only removable structures), and penalties for non-compliance, including grounds for revocation such as the entry into force of a regulatory plan. Transitional provisions allow regularization of pre-existing occupations and possible fee reductions for low-income residents.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "10/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103629.json", "html_url": "/legal/doc/norm-103629", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103629&strTipM=TC&nValor3=0" }, { "id": "norm-103631", "citation": "Reglamento municipal 54", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Integrated Waste Management Regulation of the Desamparados Canton", "title_es": "Reforma al Reglamento para la Gestión Integral de Residuos del Cantón de Desamparados", "summary_en": "This municipal amendment obligates waste managers to immediately collect any waste or leachate spilled on public roads during collection or transport, clean the area within a maximum of two hours, and repair the responsible vehicle within fifteen business days. It also categorizes leachate spills on public roads in the Desamparados Canton as a serious infraction, thus strengthening local environmental control. The amendment entered into force after no objections were raised during the public consultation, per Municipal Council Agreement 54-2024.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/08/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103631.json", "html_url": "/legal/doc/norm-103631", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103631&strTipM=TC&nValor3=0" }, { "id": "norm-103645", "citation": "Reglamento municipal 32", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Operation and Administration of the Aqueduct of the Municipality of Montes de Oro", "title_es": "Reglamento para la operación y administración del acueducto de la Municipalidad de Montes de Oro", "summary_en": "This municipal regulation, issued by the Council of Montes de Oro in December 2024, establishes the normative framework for the provision, administration, billing, and collection of drinking water services within the canton's jurisdiction. It defines an extensive glossary, the rights and obligations of the Municipality and subscribers/users, requirements for new services (including availability, installation, temporary services, and condominiums), the tariff regime with categories based on use (domestic, ordinary, reproductive, preferential, solidarity, among others), and procedures for claims, billing adjustments, suspension, reconnection, and sanctions. It also regulates the obligations of developers regarding primary infrastructure, fire hydrants, and transfer of works. It includes provisions on leak control, subsidies for families in poverty, and empowers the Municipality to suspend service for non-payment or infractions. It repeals the previous 2008 regulation and is based on the Water Law, the General Potable Water Law, and the Municipal Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103645.json", "html_url": "/legal/doc/norm-103645", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103645&strTipM=TC&nValor3=0" }, { "id": "norm-103650", "citation": "Decreto 12", "section": "norms", "doc_type": "regulation", "title_en": "Adoption of IFRS S1 and S2 on Sustainability by CCPCR", "title_es": "Adopción de NIIF S1 y S2 sobre Sostenibilidad por el CCPCR", "summary_en": "The Costa Rican Board of Public Accountants reforms Transitional Provision 1 of Circular No. 33-2023 to adopt the International Financial Reporting Standards related to Sustainability, IFRS S1 and IFRS S2, issued by the International Sustainability Standards Board. IFRS S1 sets general requirements for disclosing sustainability-related risks and opportunities over the short, medium, and long term. IFRS S2 mandates specific climate-related disclosures, including physical and transition risks, and greenhouse gas measurement. A staggered mandatory adoption timeline is established, starting in 2028 for public interest entities and large taxpayers, while other entities and SMEs have flexible or voluntary timelines. The norm takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103650.json", "html_url": "/legal/doc/norm-103650", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103650&strTipM=TC&nValor3=0" }, { "id": "norm-103656", "citation": "Decreto 44795", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for District 05 Ipís", "title_es": "Declaratoria de Zona Catastrada del Distrito 05 Ipís", "summary_en": "This executive decree formally declares District 05 Ipís, Canton 08 Goicoechea, Province 01 San José, as a cadastral zone, following the completion of cadastral survey work in that area. The declaration is based on the National Cadastre Law No. 6545 and its regulations, and it produces the legal effects specified in Executive Decree No. 36830-JP of 2011. The Real Estate Registry of the National Registry verified that the public exhibition of results to property owners was conducted, any filed claims were resolved, and the cadastral data were declared firm. With this measure, the district becomes fully integrated into the National Cadastre System, providing legal certainty for real property in that jurisdiction.", "primary_topic_id": null, "topic_ids": [], "date": "04/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103656.json", "html_url": "/legal/doc/norm-103656", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103656&strTipM=TC&nValor3=0" }, { "id": "norm-103657", "citation": "Decreto 44796", "section": "norms", "doc_type": "executive_decree", "title_en": "Cadastral Zone Declaration District 04 Mata de Plátano, Goicoechea", "title_es": "Zona Catastrada Distrito 04 Mata de Plátano, Goicoechea", "summary_en": "This executive decree declares cadastral zone District 04 Mata de Plátano in the canton of Goicoechea, San José province, after completing the cadastral survey and resolving any objections raised by property owners. Based on the National Cadastre Law No. 6545 and its regulations, which grant the Real Estate Registry exclusive authority over the execution and maintenance of the Cadastre, the declaration formalizes the collected cadastral information and grants legal certainty to the maps and data of the district's properties. This act ratifies the cadastral data determined during the process, producing the legal effects set forth in current regulations. It is an administrative act of territorial regularization without direct environmental content, limited to updating the physical inventory of properties for registration, fiscal, and urban planning purposes. It establishes no environmental regulations, land-use restrictions, or provisions regarding natural resources.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103657.json", "html_url": "/legal/doc/norm-103657", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103657&strTipM=TC&nValor3=0" }, { "id": "norm-103658", "citation": "Decreto 44799", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone: Cot District, Oreamuno, Cartago", "title_es": "Declaración de zona catastrada del Distrito Cot, Oreamuno, Cartago", "summary_en": "Executive Decree 44799-JP declares the Cot District (02) of the Oreamuno canton, Cartago province, a cadastral zone. This declaration is based on the completion of cadastral survey work and a public exhibition to property owners, in accordance with the National Cadastre Law. Once the cadastral data became final and any objections were resolved, the decree was issued to give legal effect to the official cadastral information. The decree specifies that the same legal effects and technical specifications as Executive Decree 36830-JP will apply. The regulation takes effect upon its publication in the Official Gazette La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103658.json", "html_url": "/legal/doc/norm-103658", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103658&strTipM=TC&nValor3=0" }, { "id": "norm-103659", "citation": "Decreto 44800", "section": "norms", "doc_type": "executive_decree", "title_en": "Cadastral Zone Declaration for San Rafael District, Oreamuno, Cartago", "title_es": "Declaratoria de zona catastrada del Distrito San Rafael, Oreamuno, Cartago", "summary_en": "This executive decree declares the district 01 San Rafael, canton 07 Oreamuno, province of Cartago, as a cadastral zone, pursuant to Article 20 of the National Cadastre Law No. 6545. The declaration follows the completion of cadastral survey work in the district, a public exhibition of results, and the resolution of owners' claims. It establishes the same legal effects and technical specifications as those in Executive Decree No. 36830-JP. The measure aims to formalize cadastral information for registration and real-estate purposes, without implying any change in land use. The decree does not address environmental, forestry, or natural-resource conservation matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103659.json", "html_url": "/legal/doc/norm-103659", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103659&strTipM=TC&nValor3=0" }, { "id": "norm-103662", "citation": "Decreto 44803", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for San Francisco District, Goicoechea", "title_es": "Declaración de zona catastrada del Distrito San Francisco, Goicoechea", "summary_en": "This Executive Decree declares the San Francisco district of the Goicoechea canton, San José province, as a cadastral zone, following the completion of cadastral surveying and the corresponding public exhibition. It is based on the National Cadastre Law and its regulations, as well as the Law Creating the National Registry and its reforms. The declaration means that the resulting cadastral data are considered final and produce legal effects in accordance with Executive Decree 36830-JP of 2011. The document outlines the procedure followed: publication of the public exhibition in the official gazette and national newspapers, the exhibition period, and the resolution of any claims by the Real Estate Registry. With this declaration, the district is formally integrated into the national cadastre, and property owners in that area are governed by the technical specifications and legal effects indicated in the referenced decree.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103662.json", "html_url": "/legal/doc/norm-103662", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103662&strTipM=TC&nValor3=0" }, { "id": "norm-103663", "citation": "Decreto 44804", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for Calle Blancos, Goicoechea", "title_es": "Declaratoria de zona catastrada para Calle Blancos de Goicoechea", "summary_en": "Executive Decree No. 44804-JP, signed by the President and the Minister of Justice and Peace, officially declares district 03 Calle Blancos of canton 08 Goicoechea, San José province, a cadastral zone. This follows the completion of cadastral surveying by the Real Estate Registry, a public exhibition of results, and resolution of owners’ claims. The declaration gives legal force to the cadastral data and triggers legal effects under the National Cadastre Law and its regulations. The decree is based on numerous laws concerning the National Registry and cadastre, and takes effect upon publication. It contains no environmental provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103663.json", "html_url": "/legal/doc/norm-103663", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103663&strTipM=TC&nValor3=0" }, { "id": "norm-103664", "citation": "Decreto 44805", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for Santa Rosa District, Oreamuno", "title_es": "Declaratoria de zona catastrada del Distrito Santa Rosa, Oreamuno", "summary_en": "This executive decree declares Santa Rosa district (05), Oreamuno canton (07), Cartago province, as a cadastral zone, in accordance with National Cadastre Law No. 6545 and its regulations. The declaration is based on the completion of the cadastral survey in that district, which included public display of results and resolution of property owners' claims. The decree states that the legal effects and technical specifications of Executive Decree No. 36830-JP apply, particularly regarding the mandatory registration of survey plans in the National Cadastre and coordination between the Real Estate Registry and municipalities. Its purpose is to update and consolidate cadastral information in the area, providing legal certainty to real property and facilitating territorial management.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103664.json", "html_url": "/legal/doc/norm-103664", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103664&strTipM=TC&nValor3=0" }, { "id": "norm-103677", "citation": "Decreto 44857", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Interest for Risk Mitigation on National Route 32", "title_es": "Declaratoria de interés público para mitigación de riesgos en Ruta Nacional 32", "summary_en": "This executive decree declares the risk mitigation actions necessary to improve safety, infrastructure, and access to essential services on National Route 32 (Braulio Carrillo Highway) to be of public and national interest. It is grounded in the exception regime of the National Emergency and Risk Prevention Law (Law No. 8488), within the context of the national emergency declared by Executive Decree No. 43626-MP following the impacts of tropical waves 11, 12 and storm Bonnie. The decree instructs all public institutions to coordinate and collaborate to implement an early warning system, electrification, and telecommunications connectivity in the affected segment. It exempts these works from ordinary environmental and administrative procedures, prioritizing the protection of the life, health, and safety of users.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103677.json", "html_url": "/legal/doc/norm-103677", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103677&strTipM=TC&nValor3=0" }, { "id": "norm-103682", "citation": "Reglamento municipal 29", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Buenos Aires Solid Waste and Cemetery Tariff Regulation", "title_es": "Reglamento tarifario de residuos sólidos y cementerio de Buenos Aires", "summary_en": "This is the reform of the Tariff Regulation for charging fees for cemetery services, collection of recoverable and non-recoverable solid waste, street and public site cleaning, and maintenance of parks and ornamental works, issued by the Municipality of Buenos Aires. The Municipal Council, exercising its legal powers, definitively approved the amendment after complying with the non-binding public consultation process. The regulation establishes a detailed categorization of ratepayers according to economic activity and waste generation, including residential, commercial, industrial and institutional categories. It also defines the methodology for calculating the rate based on total service costs (direct, indirect, investment and development utility) distributed among weighted contributors according to factors determined by waste weighing and technical studies. It includes provisions for vacant commercial premises and periodic updates of categories. The instrument seeks cost recovery to ensure the financial sustainability of the integrated solid waste management service in the canton.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103682.json", "html_url": "/legal/doc/norm-103682", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103682&strTipM=TC&nValor3=0" }, { "id": "norm-103695", "citation": "Decreto 44878", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Deadline for Updating Technical-Grade Active Ingredient Registrations for Pesticides", "title_es": "Reforma al Plazo de Actualización de Ingrediente Activo Grado Técnico para Plaguicidas", "summary_en": "This executive decree amends Transitorio Segundo of Decree No. 43838-MAG-S-MINAE (RTCR 509:2022), which regulates the registration of formulated synthetic pesticides, technical-grade active ingredients, adjuvants, and related agricultural substances. The amendment extends the deadline for holders of technical-grade active ingredient (TGAI) registrations granted before the regulation's entry into force to submit the required information and studies for updating. The new deadline is November 30, 2025, with the warning that failure to comply will result in cancellation of the TGAI registration and associated formulated products. The decree clarifies that this updating obligation does not apply to TGAI registrations granted under the same decree or other specified executive decrees, and that the registration is considered valid while the updating application is being resolved. The amendment is based on the protection of the environment and health, and creates no new procedures or requirements, thus bypassing regulatory improvement review.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103695.json", "html_url": "/legal/doc/norm-103695", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103695&strTipM=TC&nValor3=0" }, { "id": "norm-103703", "citation": "Decreto 44851", "section": "norms", "doc_type": "executive_decree", "title_en": "Revocation of public utility declaration of ASADA of Matapalo", "title_es": "Derogación de utilidad pública de ASADA de Matapalo", "summary_en": "This executive decree revokes the public utility declaration previously granted to the Administrative Association of the Aqueduct and Sewer System of Matapalo, Santa Cruz, Guanacaste. The revocation is based on the request to renounce the benefit submitted by the legal representative of the association, pursuant to Article 32 of the Associations Law and its regulations, which allow revocation at any time by reasoned decision. The decree renders null and void the previous Executive Decree No. 41955-MJP of 2019 that had conferred such status, orders communication to the Associations Registry, and notifies the Ministry of Finance, General Directorate of Taxation, and National Property Registry for corresponding purposes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103703.json", "html_url": "/legal/doc/norm-103703", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103703&strTipM=TC&nValor3=0" }, { "id": "norm-103704", "citation": "Decreto 44852", "section": "norms", "doc_type": "executive_decree", "title_en": "Revocation of public utility declaration for aqueduct association", "title_es": "Derogatoria de declaratoria de utilidad pública de asociación de acueducto", "summary_en": "Executive Decree No. 44852-MJP revokes the public utility declaration granted in 2020 to the San Lorenzo Aqueduct and Sanitary Sewerage Administration Association in Siquirres, Limón. The measure is based on Article 32 of the Associations Law, which allows the Executive Branch to revoke the benefit when the reasons that justified it disappear. In this case, the association failed to submit annual reports for the 2022 and 2023 periods, and its legal representative expressed the desire to voluntarily relinquish the declaration. The decree orders notification to the Associations Registry, the Ministry of Finance, the General Directorate of Taxation, and the National Property Registry for corresponding legal effects. This is an administrative revocation that eliminates the tax and other benefits associated with the public utility declaration, without addressing the merits of the association's activities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103704.json", "html_url": "/legal/doc/norm-103704", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103704&strTipM=TC&nValor3=0" }, { "id": "norm-103736", "citation": "Decreto 44855", "section": "norms", "doc_type": "executive_decree", "title_en": "Complementary Regulation for the Application of RTCA 97.01.81:22 Household Refrigerators and Freezers", "title_es": "Reglamento Complemento para la Aplicación del RTCA 97.01.81:22 Refrigeradores y Congeladores Electrodomésticos", "summary_en": "This executive decree establishes the complementary administrative procedures for the application of the Central American Technical Regulation (RTCA) 97.01.81:22 on energy efficiency specifications for household refrigerators and freezers. It does not contain its own technical requirements, but rather develops the mechanisms for demonstrating product conformity, recognizing normative equivalence, market surveillance, and the entry of samples with no commercial value. It repeals the previous national technical regulation RTCR 482:2015 and sets the RTCA's entry into force for Costa Rica. The Ministry of Environment and Energy (MINAE) acts as the competent authority, supported by the Costa Rican Accreditation Body (ECA) and the Costa Rican Institute of Technical Standards (INTECO) for conformity assessment. The regulation applies to refrigerators, refrigerator-freezers, and freezers operated by hermetic motor-compressors, defined by their customs tariff classification. Exceptions are provided for household goods, samples with no commercial value, and goods under the free zone regime. It is an administrative act aimed at implementing a regional technical harmonization commitment.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "30/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103736.json", "html_url": "/legal/doc/norm-103736", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103736&strTipM=TC&nValor3=0" }, { "id": "norm-103737", "citation": "Decreto 44859", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of the MINAE Legal Advisory Office", "title_es": "Reforma de Asesoría Jurídica del MINAE", "summary_en": "This executive decree reorganizes the legal advisory function of the Ministry of Environment and Energy (MINAE) and its decentralized bodies. It centralizes all legal services into a single Legal Advisory Directorate, eliminating the separate legal offices of entities such as SETENA, SINAC, CONAGEBIO, the National Meteorological Institute, the Water Directorate, and others. The new directorate assumes responsibility for issuing legal criteria, supervising public procurement, managing judicial and administrative proceedings, and coordinating all environmental matters (forestry, biodiversity, environmental impact assessment, water, climate change, etc.). It also adjusts references to legal counsel in the regulations of SETENA and the SETENA Plenary Commission, replacing mentions of their own legal advisors with the MINAE legal advisor. The reform was approved by MIDEPLAN to improve efficiency and unify legal criteria in the environment sector.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103737.json", "html_url": "/legal/doc/norm-103737", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103737&strTipM=TC&nValor3=0" }, { "id": "norm-103740", "citation": "Decreto 44882", "section": "norms", "doc_type": "executive_decree", "title_en": "2025 Administrative Territorial Division of the Republic", "title_es": "División Territorial Administrativa de la República 2025", "summary_en": "This executive decree, signed by the President and the Minister of Governance and Police, officially declares for administrative purposes the approval of the Administrative Territorial Division of the Republic of Costa Rica, updated to 2025. The document details the country's territorial organization, listing the provinces (San José, Alajuela, Cartago, Heredia, Guanacaste, Puntarenas, and Limón), their respective cantons and districts, as well as the neighborhoods and settlements that comprise them. For each unit, dimensions (km²), altitude (meters above sea level), and the legislation supporting its creation and modifications are indicated. This update, based on geografico-political movements legalized to date, fulfills the Executive Branch's obligation to publish the territorial division no later than twelve months before national elections, as required by the Electoral Code. The decree is a fundamental instrument for public and private administration, as it establishes the official boundaries and nomenclature of the country's territorial units.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103740.json", "html_url": "/legal/doc/norm-103740", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103740&strTipM=TC&nValor3=0" }, { "id": "norm-103752", "citation": "Decreto 44836", "section": "norms", "doc_type": "executive_decree", "title_en": "Setting of Per Diem Rates for INCOPESCA Board of Directors", "title_es": "Fijación de Dietas para Junta Directiva de INCOPESCA", "summary_en": "Executive Decree No. 44836-MAG sets the per diem rate for members of the Board of Directors of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) for their attendance at board meetings. The regulation establishes an updated amount of ₡58,840.00 per session, incorporating accumulated inflation adjustments for the years 2015, 2016, 2017, 2018, 2021, and 2022, based on consumer price indices from the Central Bank of Costa Rica and Article 60 of Law No. 7138. The years 2019 and 2020 are excluded due to Transitory Provision XXXIV of the Public Finance Strengthening Law. The decree also stipulates that only members who attend promptly are entitled to payment, and it repeals the previous Decree No. 39319-MAG. It takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103752.json", "html_url": "/legal/doc/norm-103752", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103752&strTipM=TC&nValor3=0" }, { "id": "norm-103773", "citation": "Reglamento municipal 56-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Naranjo Municipal Integrated Solid Waste Management Plan 2025-2029", "title_es": "Plan Municipal para la Gestión Integral de Residuos Sólidos del cantón de Naranjo 2025-2029", "summary_en": "This municipal plan, approved by the Naranjo Municipal Council in December 2024, updates the canton's PMGIRS for the 2025-2029 period. It diagnoses the generation and composition of household and commercial solid waste, estimating a per capita production of 0.38 kg/person/day and a total generation of approximately 19.09 tons per day. It identifies problems such as high delinquency in service payment, inadequate practices (burning, burying trash), and the lack of a municipal recovery center. It sets strategic objectives aimed at environmental awareness and education, the implementation of incentives and fines, promoting valorization projects (composting, recycling), and the participation of social actors through district committees. It includes a semiannual monitoring plan with compliance indicators. The plan is financed exclusively with municipal resources and was developed in a participatory manner, including a virtual public hearing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103773.json", "html_url": "/legal/doc/norm-103773", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103773&strTipM=TC&nValor3=0" }, { "id": "norm-103805", "citation": "Decreto 44819", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Agua Caliente Archaeological Park in Cartago", "title_es": "Creación del Parque Arqueológico Agua Caliente de Cartago", "summary_en": "This Executive Decree establishes the Agua Caliente Archaeological Park in Cartago as a program of the National Museum of Costa Rica, jointly developed with the Municipality of Cartago. The park is conceived as a space for the development of the Cartago canton, based on integrated management of archaeological and natural heritage with citizen participation. Its objectives include the protection, conservation, research, and education regarding cultural and natural heritage, as well as community integration and local economic revitalization. An Institutional Commission is created to monitor the park, comprising the National Museum, the Municipality of Cartago, and the Ministry of Culture and Youth, along with an Advisory Group. The decree also provides for a Management Plan to be presented by the National Museum within six months of publication, guiding future actions and investments. Funding will come from the national budget allocated to the National Museum and from other public or private sources, including donations.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "14/09/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103805.json", "html_url": "/legal/doc/norm-103805", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103805&strTipM=TC&nValor3=0" }, { "id": "norm-103816", "citation": "Decreto 0-A", "section": "norms", "doc_type": "regulation", "title_en": "Annulment of AyA Technical Design Standard Update", "title_es": "Deja sin efecto Actualización de Norma Técnica de Diseño de AyA", "summary_en": "This administrative decree by the Costa Rican Institute of Aqueducts and Sewers (AyA) voids the publication and effectiveness of two documents previously approved by its Board of Directors: the Update of the Technical Standard for 'Design and Construction of Potable Water, Sanitation, and Stormwater Systems' published in Official Gazette No. 185 of October 4, 2024, and Agreement No. 2024-280 announced in Official Gazette No. 224 of November 28, 2024. The decision means the technical update will not come into force, and the previous technical standard remains applicable. The act is a simple repeal without introducing new normative content, limited to withdrawing the indicated documents from the legal system.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103816.json", "html_url": "/legal/doc/norm-103816", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103816&strTipM=TC&nValor3=0" }, { "id": "norm-103817", "citation": "Resolución 0003", "section": "norms", "doc_type": "resolution", "title_en": "Resolution 0003-2025: Corcovado National Park General Management Plan", "title_es": "Resolución 0003-2025: Plan General de Manejo del Parque Nacional Corcovado", "summary_en": "Resolution R-SINAC-CONAC-0003-2025, approved by the National Council of Conservation Areas (CONAC) on January 20, 2025, formalizes the General Management Plan (PGM) for Corcovado National Park (PNC) for the period 2022-2031. Developed through a participatory process involving 87 people from institutions, NGOs, communities, and businesses, the PGM defines seven strategic objectives aimed at conserving the park's ecological integrity, enforcing legislation, enhancing visitor experience, strengthening relationships with surrounding communities, and raising environmental awareness. It establishes an updated zoning plan including minimum/no intervention, low, medium, and high intervention zones, as well as a 500-m buffer zone within the Golfo Dulce Forest Reserve. Four Priority Management Elements (EFM) are identified: Forests, Rivers-lagoons-mangroves, Mammals (jaguar, puma, tapir, peccary), and Pelagic and coastal-marine species aggregation zones, analyzing their main threats such as illegal hunting, drug trafficking, illegal fishing, poor waste management, and climate change. The norm also details tourist trails and stipulates that new trails require a scientific-technical study approved by the Scientific Technical Committee and the Regional Council. The resolution orders publication of the executive summary in the Official Gazette and the full document on the SINAC website.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "20/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103817.json", "html_url": "/legal/doc/norm-103817", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103817&strTipM=TC&nValor3=0" }, { "id": "norm-103837", "citation": "Acuerdo 0 (Instituto Nacional de Vivienda y Urbanismo, 14/01/2025)", "section": "norms", "doc_type": "agreement", "title_en": "Protocol for the Delimitation of Urban Areas within the Maritime Terrestrial Zone", "title_es": "Protocolo para la delimitación de áreas urbanas dentro de la zona marítimo terrestre", "summary_en": "This document approves and publishes the \"Protocol for the Delimitation of Urban Areas located within the Maritime Terrestrial Zone\" by the INVU, as a methodological tool for municipalities with a valid Coastal Regulatory Plan to delimit coastal urban areas. The protocol establishes the technical and documentary requirements that municipalities must submit to the INVU to obtain the declaration of urban area, including inputs such as municipal agreement, coastal regulatory plan with environmental variables, land use survey, public services, sociodemographic composition, exclusion of hazard zones and State Natural Heritage areas, and slopes greater than 20%. It details the review procedure by the INVU Urbanism Department, with a three-month response deadline, and available advisory. It is based on Article 23 of Law 9221 and aims to order coastal urban development while respecting the conservation of public domain and the environment.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "subdivision-fraccionamiento" ], "date": "14/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103837.json", "html_url": "/legal/doc/norm-103837", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103837&strTipM=TC&nValor3=0" }, { "id": "norm-103846", "citation": "Decreto 01-A", "section": "norms", "doc_type": "regulation", "title_en": "SENARA Procedures Manual for Project Financing and Debt Collection", "title_es": "Manual de Procedimientos para Financiamiento de Proyectos y Gestión de Cobro del SENARA", "summary_en": "The Procedures Manual for Project Financing and Debt Collection of SENARA regulates the internal process for identifying, funding, formalizing debts, and recovering investments in irrigation and drainage projects carried out by the National Groundwater, Irrigation and Drainage Service. It establishes stages from project identification and feasibility studies to signing agreements with user associations, execution of promissory notes with collateral guarantees, and administrative and judicial collection procedures. It assigns responsibilities to regional coordinators, Management, and the Board of Directors, including conditions for payment arrangements, extensions, and declaring accounts uncollectible. It repeals conflicting prior provisions and takes effect upon publication in the Official Gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103846.json", "html_url": "/legal/doc/norm-103846", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103846&strTipM=TC&nValor3=0" }, { "id": "norm-103854", "citation": "Decreto 01", "section": "norms", "doc_type": "regulation", "title_en": "SENARA Administrative and Judicial Collection Regulation", "title_es": "Reglamento para el cobro administrativo y judicial del SENARA", "summary_en": "This regulation, approved by the Board of Directors of the National Groundwater, Irrigation and Drainage Service (SENARA), establishes the procedure for collecting overdue monetary obligations owed to the institution. It regulates both administrative collection, handled by the Financial Unit, and judicial collection, managed by the Legal Department with the support of external attorneys contracted through public tender. It details collection notice mechanisms, requirements for payment arrangements, competencies based on amounts owed, obligations of external attorneys, fee schedules and sanctions for non-compliance. It also regulates the write-off of uncollectible accounts, prohibiting debt forgiveness except by express law. The regulation supersedes any prior conflicting administrative provisions and must be reviewed every two years.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103854.json", "html_url": "/legal/doc/norm-103854", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103854&strTipM=TC&nValor3=0" }, { "id": "norm-103857", "citation": "Resolución 001", "section": "norms", "doc_type": "resolution", "title_en": "Térraba-Sierpe National Wetland Management Plan", "title_es": "Plan General de Manejo del Humedal Nacional Térraba-Sierpe", "summary_en": "Resolution R-SINAC-CONAC-001-2025 approves and formalizes the General Management Plan (PGM) for the Térraba-Sierpe National Wetland (HNTS) Protected Area, located in the Osa Conservation Area (ACOSA). The PGM is the planning instrument that guides the protected area's management towards its long-term conservation objectives. It defines four zoning categories —minimal, low, moderate, and high intervention— regulating permitted activities in each sector, ranging from absolute protection to controlled tourism and productive development. It also establishes buffer zones to mitigate external pressures and a conservation strategy comprising 17 action lines, including research, sustainable resource use, invasive species control, and citizen participation. The plan identifies nine Focal Management Elements (EFM), such as commercial species, flooded forests, threatened wildlife, and archaeological sites. The resolution mandates publication on the SINAC website and in the Official Gazette La Gaceta, effective upon official disclosure.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "09/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103857.json", "html_url": "/legal/doc/norm-103857", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103857&strTipM=TC&nValor3=0" }, { "id": "norm-103860", "citation": "Decreto 44710", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Incorporation of the Environmental Variable in Land-Use Plans", "title_es": "Reglamento para la incorporación de la variable ambiental en planes de ordenamiento territorial", "summary_en": "Executive Decree No. 44710-MINAE establishes the technical and procedural framework for integrating the environmental variable into cantonal and coastal regulatory plans and other land-use planning instruments, in compliance with Article 50 of the Political Constitution. It repeals Decrees 32967 and 42696 and offers two methodological alternatives detailed in Annexes 1 and 2: the Environmental Fragility Index (IFA) and the Environmental Diagnosis with Measures Report (DAM-RIC-IME). It regulates the formation and responsibilities of the planning team, admissibility requirements, review periods by SETENA (60 calendar days for the initial review), and the correction procedure. It defines the validity of the environmental viability at 10 years and the procedure for its modifications. It includes provisions on citizen participation, sanctions for consultants, and administrative appeals. Its objective is to ensure that land-use plans include the protection of natural resources, biodiversity, and adaptation to climate change, promoting sustainable territorial development.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779", "environmental-law-7554" ], "date": "18/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103860.json", "html_url": "/legal/doc/norm-103860", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103860&strTipM=TC&nValor3=0" }, { "id": "norm-103862", "citation": "Decreto 44901", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Regulation for Incorporating the Environmental Variable in Territorial Planning Plans", "title_es": "Reforma al Reglamento para la Incorporación de la Variable Ambiental en Planes de Ordenamiento Territorial", "summary_en": "This executive decree introduces specific amendments to Executive Decree 44710-MINAE of October 18, 2024, which regulates the incorporation of the environmental variable into territorial planning plans (POT, by its Spanish acronym). The modifications correct drafting errors in several articles and technical annexes, clarifying review timelines, formats for submitting cartographic documents, and the structure of Environmental Feasibility Reports (IFA). Moreover, a transitional provision is added allowing public institutions to contract required technical studies during the transition period between publication and entry into force of the main regulation. The amendment seeks to clarify procedures before SETENA and facilitate the preparation of Environmental Impact Studies for the Environmental Variable in POTs (EIVA-POT), without modifying substantive requirements or creating new formalities for citizens.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "28/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103862.json", "html_url": "/legal/doc/norm-103862", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103862&strTipM=TC&nValor3=0" }, { "id": "norm-103867", "citation": "Decreto 44873", "section": "norms", "doc_type": "executive_decree", "title_en": "National Convenience Declaration for the Orotina-Caldera Drinking Water Supply System Improvement Project (Ojo de Agua System)", "title_es": "Declaratoria de Conveniencia Nacional del Proyecto Mejoras al Sistema de Abastecimiento de Agua Potable Orotina-Caldera (Sistema Ojo de Agua)", "summary_en": "Executive Decree No. 44873-MINAE declares the Orotina-Caldera drinking water supply system improvement project (Ojo de Agua System), carried out by the Costa Rican Institute of Aqueducts and Sewers (AyA), to be of national convenience. This declaration, based on a social-economic analysis showing social benefits outweigh socio-environmental costs, exceptionally authorizes tree cutting in forest-covered lands and protection areas under Articles 19(b) and 34 of Forestry Law No. 7575. The project aims to optimize the distribution system to meet growing demand in Orotina, Caldera, and surrounding communities, which suffer from water deficits due to deteriorated original pipelines and saline infiltration in wells. Conditions include obtaining forestry permits, environmental compensation, and compliance with existing environmental obligations, including the environmental viability granted by SETENA.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "water-law", "environmental-law-7554", "property-and-titling" ], "date": "03/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-103867.json", "html_url": "/legal/doc/norm-103867", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103867&strTipM=TC&nValor3=0" }, { "id": "norm-103870", "citation": "Decreto 44896", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Simón Bolívar Urban Natural Park", "title_es": "Creación del Parque Natural Urbano Simón Bolívar", "summary_en": "This executive decree designates the Simón Bolívar Zoo and Botanical Garden as a Protected Wilderness Area under the category of Simón Bolívar Urban Natural Park (PANU), covering 26,375 m². It is grounded in Article 50 of the Constitution, the Environmental Organic Law, the Biodiversity Law, and Decree 42742 which created the PANU category. Its administration is entrusted to SINAC through the Central Conservation Area, which must prepare a General Management Plan within six months and a public use regulation within eight months. Conservation objectives include ensuring sustainable use of resources, promoting ecological rehabilitation with native species, mitigating threats, fostering responsible ecotourism, advancing environmental education, and community participation. The decree recognizes the site's high remaining biodiversity, its function as a green lung, and its importance for connectivity of the Río Torres Interurban Biological Corridor. It allows public-private agreements and will be financed through national park stamp revenues.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "biological-corridors" ], "date": "27/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103870.json", "html_url": "/legal/doc/norm-103870", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103870&strTipM=TC&nValor3=0" }, { "id": "norm-103895", "citation": "Reglamento municipal 036", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Integrated Solid Waste Management of the District of Cóbano", "title_es": "Reglamento para la Gestión Integral de Residuos Sólidos del Distrito de Cóbano", "summary_en": "This municipal regulation establishes the legal framework for integrated solid waste management in the District of Cóbano. It defines the powers of the District Council and the Environmental Management Office, sets out obligations for waste generators, establishes categories and schedules for selective collection, specifies requirements for communal containers, creates a registry of authorized waste managers, designs a differentiated fee and tariff system, lists prohibitions, classifies minor, serious, and very serious administrative infractions with corresponding sanctions, and provides incentives for environmentally sound practices. The regulation implements national Law 8839 and its secondary legislation, and mandates the development of a Municipal Integrated Waste Management Plan as a ten-year planning instrument. It is grounded in Article 50 of the Constitution (right to a healthy environment), the Organic Environmental Law 7554, the Integrated Waste Management Law 8839, and the Municipal Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "07/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103895.json", "html_url": "/legal/doc/norm-103895", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103895&strTipM=TC&nValor3=0" }, { "id": "norm-103913", "citation": "Reglamento municipal 289", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Río Loro Municipal Environmental Park Use Regulation", "title_es": "Reglamento de Uso del Parque Ambiental Municipal Río Loro", "summary_en": "This municipal regulation establishes a comprehensive framework for access, stay, and use of the Río Loro Municipal Environmental Park (PAMRL), a 23-hectare area in Cartago dedicated to protecting the Río Loro spring and providing environmental education. It defines the services offered: environmental education talks and workshops, guided tours, facility use for training and meetings, and research and extension projects. It creates the role of PAMRL Administrator, responsible for enforcing the regulation, approving use requests, and managing budget and maintenance. Strict limitations apply: facilities may only be used for environmental education, water resource protection, sustainable tourism, and municipal management; any other use is prohibited. Two entry modalities are defined—scheduled group visits and spontaneous visits—with an opening schedule from Wednesday to Sunday, 8:00 a.m. to 3:00 p.m., and a carrying capacity of 290 daily visitors. Visitor obligations include not entering restricted or water-capture zones, not extracting natural resources, not generating noise, and taking away all waste. The regulation sets an entrance fee differentiated by category (adults, seniors, students, minors, foreigners) with exceptions for agreement beneficiaries, students in internships or community service, and municipal staff, and details the exemption application process.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "28/11/2023", "year": "2023", "json_url": "/data/legal/docs/norm-103913.json", "html_url": "/legal/doc/norm-103913", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103913&strTipM=TC&nValor3=0" }, { "id": "norm-103918", "citation": "Decreto 0011", "section": "norms", "doc_type": "regulation", "title_en": "Regulation for the application of Article 38 of the Urban Planning Law in AyA works", "title_es": "Reglamento para la aplicación del art 38 de la Ley de Planificación Urbana en obras de AyA", "summary_en": "This regulation governs the relationship between AyA (and community water associations, ASADAS) and developers or subdivision promoters who, when services are unavailable in a deficit area, undertake to fund and build primary water and sewer infrastructure beyond their property, as allowed by Article 38(c) of the Urban Planning Law. It establishes two procedures based on complexity: low complexity (works on public roads or operator's land, no land transfer needed) and high complexity (requiring a preliminary project, agreement, guarantee, and transfer of properties and easements). For both, it details requirements, deadlines, oversight roles, and mechanisms for the investor to proportionally recover costs within five years post-reception, by charging future developments that use the new services. It repeals previous regulations on the subject.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103918.json", "html_url": "/legal/doc/norm-103918", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103918&strTipM=TC&nValor3=0" }, { "id": "norm-103925", "citation": "Decreto 0007", "section": "norms", "doc_type": "regulation", "title_en": "Amendment to the AyA Autonomous Service Regulations on Appointment of Directing Bodies", "title_es": "Reforma al Reglamento Autónomo de Servicios del AyA sobre nombramiento de órganos directores", "summary_en": "The Board of Directors of the Costa Rican Institute of Aqueducts and Sewers (AyA) amends Articles 117 and 118 of the Autonomous Service Regulations. The modification establishes that upon admission of a complaint, the General Management or the Board, as applicable, may appoint an investigating body to determine if there are grounds to initiate a disciplinary administrative proceeding. Subsequently, a directing body of the proceeding shall be appointed to conduct the file and issue a recommendation. When the decision-making body is the Board, the instruction falls to the Board's secretariat; when it is the General Management, it falls to any institutional official. In either case, a different directing body, internal or external, may be appointed and must include at least one legal professional. The reform clarifies the authority to designate directing bodies in disciplinary administrative proceedings, allowing flexibility and legal counsel.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103925.json", "html_url": "/legal/doc/norm-103925", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103925&strTipM=TC&nValor3=0" }, { "id": "norm-103955", "citation": "Decreto 44926", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Fund for Prevention and Combat of Banana Fusarium", "title_es": "Reforma al Fondo de Prevención y Combate del Fusarium del Banano", "summary_en": "This decree amends Article 2 of Executive Decree No. 42037-MAG-H, which created a fund for the prevention, exclusion and combat of Fusarium oxysporum f.sp. cubense tropical race 4 and other pests affecting banana cultivation. The amendment unifies the fund's objectives, eliminating the prior separation between phytosanitary actions and productive credits. Now, the entire fund is allocated to supporting the State, particularly the State Phytosanitary Service and the National Animal Health Service, in constructing and maintaining infrastructure, purchasing materials, equipment and supplies, training, and national and international coordination to prevent and combat the disease. It also authorizes the use of resources to address emergencies caused by other banana pests and diseases, subject to a substantiated decision by CORBANA's Board of Directors. The decree emphasizes the threat this pest poses to food security, employment, and foreign exchange from the banana sector, and seeks to strengthen prevention measures at ports, airports, and borders to prevent the pathogen's entry into the country.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103955.json", "html_url": "/legal/doc/norm-103955", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103955&strTipM=TC&nValor3=0" }, { "id": "norm-103957", "citation": "Reglamento municipal 53", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Regulation for Integrated Solid Waste Management of the Canton of Orotina", "title_es": "Reforma al Reglamento para la Gestión Integral de Residuos Sólidos del Cantón Orotina", "summary_en": "This document amends the Regulation for Integrated Solid Waste Management of the Municipality of Orotina, approved in January 2025. The amendment updates the regulation in accordance with Law No. 9825, which reformed the Law for Integrated Waste Management (No. 8839). The previous chapters XI to XIII are repealed, and new chapters XI to XV (articles 33 to 55) are added, regulating prohibitions, enforcement, infractions (minor, serious, very serious), sanctions, protective measures, and a penalty assessment system based on variables such as accessibility, type of material, pollution, mass, and recurrence. It establishes that minor and serious infractions fall under municipal jurisdiction, while very serious infractions fall to the Environmental Administrative Tribunal. It also creates a fund for integrated waste management and details inspection, complaint, and notification procedures.", "primary_topic_id": null, "topic_ids": [], "date": "20/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103957.json", "html_url": "/legal/doc/norm-103957", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103957&strTipM=TC&nValor3=0" }, { "id": "norm-103996", "citation": "Reglamento municipal 40", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to Palmares Municipal Integrated Solid Waste Management Regulation", "title_es": "Reforma al Reglamento del Plan Municipal para la Gestión Integral de Residuos Sólidos de Palmares", "summary_en": "This municipal decree amends Articles 4, 15 and 43 of the Regulation for the Municipal Integrated Solid Waste Management Plan of the canton of Palmares. The reform designates the Municipal Public Services Unit as the entity responsible for solid waste management, with the obligation to provide adequate technical and professional staff and an appropriate budget. It also establishes specifications for garden waste collection, limiting it to 15 bags per property, with a maximum weight of 20 kg each, and a bi-weekly frequency. Finally, it sets a table of tariffs for ordinary solid waste management service, differentiating between residential, differentiated, and commercial (I to IV) categories, with monthly amounts ranging from ₡3,165 to ₡47,475, depending on the type of generating activity.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-103996.json", "html_url": "/legal/doc/norm-103996", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=103996&strTipM=TC&nValor3=0" }, { "id": "norm-104014", "citation": "Decreto 44905", "section": "norms", "doc_type": "executive_decree", "title_en": "Revocation of Public Utility Status of the Santa Rosa de Turrialba Rural Aqueduct Association", "title_es": "Derogatoria de Utilidad Pública de Asociación Acueducto Rural Santa Rosa de Turrialba", "summary_en": "This executive decree revokes the public utility declaration previously granted to the Santa Rosa de Turrialba Rural Aqueduct Association. The association, through its legal representative, voluntarily renounced this benefit, considering it did not receive the same advantages that the national water utility (AyA) grants to ASADAS (rural water committees). The decree is based on the Associations Law and its regulations, which allow revocation of the benefit at the association's request. It orders notification to the Associations Registry, the Ministry of Finance, the General Directorate of Taxation, and the National Property Registry for appropriate actions. It takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-104014.json", "html_url": "/legal/doc/norm-104014", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104014&strTipM=TC&nValor3=0" }, { "id": "norm-104037", "citation": "Reglamento municipal 62", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Tariff Regulation for Integrated Solid Waste Management of Orotina", "title_es": "Reforma al Reglamento tarifario para la gestión integral de residuos sólidos del cantón de Orotina", "summary_en": "This municipal amendment modifies Article 13 of the Tariff Regulation for Integrated Solid Waste Management of the canton of Orotina. The addition introduces an automatic downgrade of commercial category for certain subjects. Entrepreneurs and microenterprises classified by MEIC, as well as persons in poverty registered in SINIRUBE, are moved to the next lower commercial category. The objective is to ease the tariff burden on these vulnerable groups within the canton's solid waste management system. The regulation takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-104037.json", "html_url": "/legal/doc/norm-104037", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104037&strTipM=TC&nValor3=0" }, { "id": "norm-104039", "citation": "Ley 10647", "section": "norms", "doc_type": "law", "title_en": "Amnesty for the Registration of Unregistered Wells and Granting of Concessions for Water Use in Agricultural Production", "title_es": "Amnistía para el registro de pozos no inscritos y otorgamiento de concesiones para el aprovechamiento del recurso hídrico en actividades de producción agropecuaria", "summary_en": "Law 10647 establishes a three-month amnesty to register unregistered wells with the Water Directorate of MINAE and obtain groundwater use concessions for agricultural activities. Requirements include a sworn statement with well coordinates, extracted flow rate, cadastral map or location declaration, and registry certifications. Drilling new wells in protection areas of rivers, streams, and springs is prohibited, and granting in vulnerable areas is limited to protect coastal aquifers. The Water Directorate grants a hearing to SENARA or AyA, publishes an edict, and resolves the concession, which is provisional for one year. If opposition arises, it is transferred to the applicant. A water use fee is established, non-retroactive, with an exceptional compensatory measure of an additional 50% for wells with flows greater than 5 L/s for the first three years. The law also suspends administrative closure procedures for wells due to lack of registration until the application is resolved.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "24/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104039.json", "html_url": "/legal/doc/norm-104039", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104039&strTipM=TC&nValor3=0" }, { "id": "norm-104046", "citation": "Resolución 0010", "section": "norms", "doc_type": "resolution", "title_en": "Simplification and Standardization of the Regulatory Quality Seal for Water and Sanitation Services", "title_es": "Simplificación y Normalización del Sello Regulatorio de Calidad para Acueducto y Saneamiento", "summary_en": "This resolution by ARESEP's Water Intendancy partially amends Resolution RE-011-IA-2024, which created the Regulatory Quality Seal for public water and sanitation services. The reform simplifies and standardizes guidelines based on experience from the first 2024-2025 implementation period. It establishes updated requirements for operators (AyA, ESPH S.A., and community-managed ASADAS) to obtain or maintain this annual recognition: being current with regulatory information obligations under specific resolutions, submitting water quality analyses from accredited laboratories, applying approved rates, and complying with meter verification and agrochemical testing phased by cluster. It also defines complementary recognitions for hydrant management, water resource protection, and treatment plant operation. The resolution regulates the granting procedure, withdrawal for non-compliance, deadlines, administrative remedies, and public access to information.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "05/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104046.json", "html_url": "/legal/doc/norm-104046", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104046&strTipM=TC&nValor3=0" }, { "id": "norm-104049", "citation": "Resolución 009", "section": "norms", "doc_type": "resolution", "title_en": "Simplification of information requirements for ASADAS 2025", "title_es": "Simplificación de requerimientos de información para ASADAS 2025", "summary_en": "The Water Superintendency of ARESEP, through Resolution RE-009-IA-2025, updates and simplifies the basic information requirements that Water Supply and Sanitation System Managing Associations (ASADAS) must annually comply with regarding economic regulation and service quality. The resolution details the financial, market, investment, quality, and business continuity plan information that each ASADA must submit no later than May 31 of each year, with a cut-off date of December 31 of the previous year. It includes accounting balances, billing data, investment plans endorsed by AyA or the Fire Department, water quality reports, and a business continuity plan that will be mandatory starting in 2027. It establishes that compliance with this submission is a prerequisite for the admissibility of tariff requests. Information must be sent via email or mass storage platforms until the Regulatory Information System (SIR) is enabled.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104049.json", "html_url": "/legal/doc/norm-104049", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104049&strTipM=TC&nValor3=0" }, { "id": "norm-104067", "citation": "Resolución 0008", "section": "norms", "doc_type": "resolution", "title_en": "Reform of water tariff structure for large consumers", "title_es": "Reforma a estructura tarifaria de acueducto para grandes consumidores", "summary_en": "This resolution partially modifies the tariff structure for the regulated water service in Costa Rica, adjusting consumption blocks for the categories of Large Residential Consumers (GCR) and Large Residential Consumers of Social Welfare (GCRBS). Faced with disproportionate billing increases for condominiums and other users with a master meter, the ARESEP Water Authority redefined the consumption blocks to 0-2500 m³, 2501-6000 m³, and over 6001 m³, in order to better reflect actual usage patterns without altering unit tariffs or the provider's financial balance. Specific tariff schedules for AyA, ESPH, and ASADAS are included.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104067.json", "html_url": "/legal/doc/norm-104067", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104067&strTipM=TC&nValor3=0" }, { "id": "norm-104104", "citation": "Acuerdo 050", "section": "norms", "doc_type": "agreement", "title_en": "Sardine Fishing Closure in the Gulf of Nicoya 2025", "title_es": "Veda de sardina en el Golfo de Nicoya 2025", "summary_en": "INCOPESCA Board of Directors Agreement AJDIP/050-2025 establishes a temporary closure for sardine fishing (Ophistonema sp.) in the Gulf of Nicoya using any type of net, effective from March 15 to June 15, 2025. The measure aims to protect the resource during its reproductive period and ensure sustainability. Three zones are defined: the Tárcoles Zone, where three sardine vessels are authorized to fish only 12 daylight hours per week to supply bait to the national fleet; Zone C, with specific restrictions; and the rest of the gulf, where semi-industrial purse-seine fishing for sardines remains permanently prohibited. The agreement sets obligations for coordination, landing inspections, biological sampling, and bycatch control (maximum 10%), and instructs the National Coast Guard Service and the Inspection Department to combat illegal fishing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104104.json", "html_url": "/legal/doc/norm-104104", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104104&strTipM=TC&nValor3=0" }, { "id": "norm-104130", "citation": "Resolución 02", "section": "norms", "doc_type": "resolution", "title_en": "Elimination of Expiration Date for Land Use Certificates and Water/Electric Availability Letters", "title_es": "Eliminación incentivo plazo certificados de uso de suelo y cartas de disponibilidad", "summary_en": "This resolution by the Municipality of Turrubares reforms its administrative practice for land use certificates. Previously, certificates included an expiration date and required letters of water and electricity availability as prerequisites. Based on an analysis of the legal nature of these certificates and the National Housing and Urban Development Regulation (Article 102), the resolution eliminates the expiration date. It argues that the certificate should remain valid as long as the local zoning plan remains unchanged. It also eliminates the water and electricity availability letter requirement for the certificate, moving it to the construction permit stage, under Law 8220 on Protection from Excessive Administrative Requirements. The resolution draws on constitutional and administrative-case-law evolution considering the certificate a favorable act that creates subjective legal positions, shielded by the principle of irrevocability of one's own acts.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "13/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104130.json", "html_url": "/legal/doc/norm-104130", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104130&strTipM=TC&nValor3=0" }, { "id": "norm-104155", "citation": "Decreto 44945", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of SDG Governance in Costa Rica", "title_es": "Reforma a la Gobernanza de los ODS en Costa Rica", "summary_en": "This Executive Decree modifies the governance structure for implementing the Sustainable Development Goals (SDGs) and the 2030 Agenda in Costa Rica. It amends Decree No. 40203-PLAN-RE-MINAE, adjusting its recitals and articles to align national actions with the Costa Rican legal system and ratified international instruments. It reinforces the mandate that the adoption of targets and indicators must be consistent with constitutional law and the national development strategy. It expands the functions of the Council and the Technical Secretariat, including opening democratic dialogue with social sectors, public consultation, and accountability. It incorporates key definitions such as sustainable development, governance, dignity, sovereignty, and equality, and repeals the articles on financing and public interest of the original decree. The reform aims for an inclusive, efficient implementation tailored to the country's economic, cultural, and environmental realities, promoting sustainable and pertinent governance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104155.json", "html_url": "/legal/doc/norm-104155", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104155&strTipM=TC&nValor3=0" }, { "id": "norm-104182", "citation": "Decreto 06", "section": "norms", "doc_type": "regulation", "title_en": "Regulation for the Administration and Control of Fixed Assets for SENARA", "title_es": "Reglamento para la administración y control de activos fijos para el SENARA", "summary_en": "This regulation establishes the rules for the use, administration, and control of fixed assets of the National Service for Groundwater, Irrigation, and Drainage (SENARA). It defines fixed assets, distinguishes between movable and immovable property, and details the responsibilities of officials regarding the custody and proper use of institutional goods. It regulates the registration, control, inventories, transfers, and disposal of assets, as well as the obligations of supervisors and users. It includes procedures for external loans, donations, and the management of obsolete or damaged assets. Additionally, it establishes an administrative summary procedure for cases of loss, theft, or damage to assets, determining responsibilities and sanctions. It repeals the previous 2018 regulation and takes effect upon publication in the Official Gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104182.json", "html_url": "/legal/doc/norm-104182", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104182&strTipM=TC&nValor3=0" }, { "id": "norm-104214", "citation": "Reglamento municipal 083", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to Río Cuarto Solid Waste Regulation", "title_es": "Reforma al Reglamento de residuos sólidos de Río Cuarto", "summary_en": "The Municipal Council of Río Cuarto amended Articles 3 and 24 of the Regulation for the Non-Recyclable Ordinary Solid Waste Management Service. The amendment introduces a definition of 'Small Commercial Unit' based on business license tax payment, and provides that qualifying small commercial units generating up to 50 kg per month of waste will pay the residential rate. It also allows commercial establishments classified as Commercial 1 that are not small units but generate less than 50 kg to be equated to the residential rate, subject to verified weighing. It regulates additional charges for excess waste and the possibility of excluding from the service those generating more than one ton per month if it exceeds municipal capacity.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104214.json", "html_url": "/legal/doc/norm-104214", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104214&strTipM=TC&nValor3=0" }, { "id": "norm-104229", "citation": "Decreto 44953", "section": "norms", "doc_type": "executive_decree", "title_en": "Revocation of public utility status for ASADA Concepción de Caragral", "title_es": "Derogatoria de utilidad pública de la ASADA de Concepción de Caragral", "summary_en": "This executive decree revokes the public utility declaration previously granted to the Asociación Administradora del Acueducto y Alcantarillado Sanitario de la Concepción de Caragral (ASADA). The decision is based on two concurrent grounds: failure to submit the annual report for 2022 and the express waiver by its legal representative, who chose to benefit from Law 8776 on exemptions for community water management associations. The act is issued under Article 32 of the Law on Associations, which allows revocation when the original reasons cease, and its regulations. Communication to the relevant registries and tax authorities is ordered.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104229.json", "html_url": "/legal/doc/norm-104229", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104229&strTipM=TC&nValor3=0" }, { "id": "norm-104238", "citation": "Decreto 44965", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the National Certification System \"Madera Legal Costa Rica\"", "title_es": "Creación del Sistema Nacional de Certificación \"Madera Legal Costa Rica\"", "summary_en": "This executive decree creates the voluntary national certification system 'Madera Legal Costa Rica', administered by the National Forestry Office (ONF). Its objective is to promote the use and consumption of legal and sustainable national wood, strengthening the forestry sector through a legally, technically, administratively, and financially viable certification. The system covers the certification of roundwood or sawn wood from timber harvesting projects, primary processing industries, and sawn wood traders. It establishes general and specific requirements for each category, institutional competencies of ONF, the National Forest Sustainability Commission (CNSF), the College of Agronomists (CIAGRO), and the National System of Conservation Areas (SINAC), the accreditation of forest regents as certifiers, and the inclusion of certification in sustainable public procurement. Additionally, it instructs ONF to develop a procedures manual and regulates the use of QR codes and certification seals.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "07/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104238.json", "html_url": "/legal/doc/norm-104238", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104238&strTipM=TC&nValor3=0" }, { "id": "norm-104244", "citation": "Acuerdo 003", "section": "norms", "doc_type": "agreement", "title_en": "Reform to the National Environmental Labeling and Energy Efficiency Program", "title_es": "Reforma al Programa Nacional de Etiquetado Ambiental y de Eficiencia Energética", "summary_en": "Agreement 003-2025-MINAE reforms Costa Rica's National Environmental Labeling and Energy Efficiency Program by adding Article 29, which regulates the use of testing laboratories in conformity assessment processes for product certification. Given the limited availability of accredited laboratories in the country, the rule establishes a transitional mechanism allowing product certification bodies (OCPs) to subcontract unaccredited laboratories or accept test results submitted by applicants, provided that strict criteria for technical competence and validity assurance are met. This provision aims to facilitate the implementation of environmental labeling, in line with the National Quality System Law and the National Policy on Sustainable Production and Consumption, while strengthening the country's quality infrastructure.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "24/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104244.json", "html_url": "/legal/doc/norm-104244", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104244&strTipM=TC&nValor3=0" }, { "id": "norm-104263", "citation": "Resolución 144", "section": "norms", "doc_type": "resolution", "title_en": "Elimination of Expiration Date and Requirements for Land Use Certificates in the Canton of Turrubares", "title_es": "Eliminación del plazo de vencimiento y requisitos para el certificado de uso de suelo del Cantón de Turrubares", "summary_en": "This resolution by the Municipality of Turrubares eliminates the expiration date of land use certificates and removes the requirements for water and electricity availability letters when obtaining these certificates. It is based on the evolution of land use certificates from mere factual declarations to favorable acts that create legal rights, whose validity should match the current regulatory plan. Requiring periodic renewals would undermine legal certainty. The resolution also determines that utility availability certificates are not necessary for land use certification but should be required at the construction permit stage. It relies on Article 102 of the National Housing and Urban Planning Regulation, case law from the Administrative Litigation Court, and the Law on Protection of Citizens from Excessive Administrative Requirements and Procedures (Law 8220).", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "13/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104263.json", "html_url": "/legal/doc/norm-104263", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104263&strTipM=TC&nValor3=0" }, { "id": "norm-104264", "citation": "Resolución 158", "section": "norms", "doc_type": "resolution", "title_en": "Suspension of SIGREP as a Permit System for Hazardous Waste", "title_es": "Suspensión del SIGREP como sistema de trámite para residuos peligrosos", "summary_en": "Resolution R-158-2025-MINAE discontinues the use of the Hazardous Waste Management System (SIGREP) for registration, updates, and transport manifests of hazardous waste generators and handlers. The Environmental Comptroller of the Ministry of Environment and Energy (MINAE) operated this online platform, but the resolution finds that SIGREP exceeded its legal authority by issuing approvals not required by law, causing delays and duplicating the National Integral Waste Management Information System (SINIGIR). Effective upon publication in the Official Gazette, users must manually complete the Transport Manifest and submit it by email to the Environmental Comptroller without prior online approval. The decision aims to streamline procedures, reduce administrative burdens, and align practice with the legal framework, which designates the Ministry of Health as the lead authority and assigns MINAE only tracking, coordination, and information roles.", "primary_topic_id": null, "topic_ids": [ "_off-topic", "environmental-law-7554" ], "date": "13/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104264.json", "html_url": "/legal/doc/norm-104264", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104264&strTipM=TC&nValor3=0" }, { "id": "norm-104275", "citation": "Tratados Internacionales 10678", "section": "norms", "doc_type": "treaty", "title_en": "BBNJ Agreement — Conservation and Sustainable Use of Marine Biological Diversity Beyond National Jurisdiction", "title_es": "Acuerdo BBNJ — Conservación y Uso Sostenible de la Diversidad Biológica Marina fuera de la Jurisdicción Nacional", "summary_en": "Law 10678 approves Costa Rica's accession to the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement), signed in 2023. The treaty establishes a global regime to protect biodiversity on the high seas and the Area. It regulates four pillars: (1) marine genetic resources, including fair and equitable benefit-sharing and digital sequence information; (2) area-based management tools, such as marine protected areas; (3) environmental impact assessments with thresholds, public consultations, and monitoring; and (4) capacity-building and transfer of marine technology. It creates a Conference of the Parties, a Scientific and Technical Body, a Clearing-House Mechanism, and a financial mechanism. It incorporates principles such as precautionary, polluter-pays, and ecosystem approaches. The Agreement respects the Law of the Sea Convention and other instruments, and does not affect sovereignty claims. The law consists of a single article approving the full text of the treaty.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "09/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104275.json", "html_url": "/legal/doc/norm-104275", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104275&strTipM=TC&nValor3=0" }, { "id": "norm-104285", "citation": "Decreto 44974", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Regionalized Management of Solid and Organic Waste", "title_es": "Reglamento para la gestión regionalizada de residuos sólidos, ordinarios y orgánicos", "summary_en": "This executive decree establishes the framework for integrated solid waste management in Costa Rica under a regionalization model, based on regions defined by MIDEPLAN. Municipalities must coordinate within their regions to optimize resources and minimize environmental impacts. A maximum radius of 80 km is set for transporting waste to Environmental Parks, with temporary or special exceptions allowed for geographic or infrastructure constraints. Progressive targets for selective collection and recovery of organic waste are included (30% in the first year up to 100% by the fifth year), along with added definitions and technical requirements for composting, anaerobic digestion, and other technologies. The Ministry of Health oversees compliance and may impose special measures or revoke exceptions.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "26/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104285.json", "html_url": "/legal/doc/norm-104285", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104285&strTipM=TC&nValor3=0" }, { "id": "norm-104299", "citation": "Decreto 44961", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of public-utility status for Asociación del Acueducto de El Coco y Moravia de Siquirres", "title_es": "Derogatoria de utilidad pública para Asociación del Acueducto de El Coco y Moravia de Siquirres", "summary_en": "Executive Decree No. 44961-MJP repeals the public-utility status granted to the El Coco and Moravia de Siquirres Aqueduct Association by Executive Decree No. 41956-MJP of 2019. The repeal is based on two grounds: failure to submit annual reports for 2022 and 2023, and the express resignation submitted by its legal representative, Luis Guillermo Meza Jiménez, on October 17, 2024. The resignation aims to qualify for the exemption established in Law No. 8776 for Community Aqueduct and Sewer System Administrating Associations (ASADAS). The decree orders notification to the Associations Registry for annotation, and to the Ministry of Finance, the Directorate General of Taxation, and the National Property Registry for their respective actions. The measure enters into force upon publication in the Official Gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104299.json", "html_url": "/legal/doc/norm-104299", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104299&strTipM=TC&nValor3=0" }, { "id": "norm-104306", "citation": "Resolución 0014", "section": "norms", "doc_type": "resolution", "title_en": "Water Resource Protection Rate for ASADAS", "title_es": "Tarifa para la protección del recurso hídrico de las ASADAS", "summary_en": "The Water Authority of ARESEP establishes ex officio the Water Resource Protection Rate (TPRH) applicable to the 1372 Community Water Management Associations (ASADAS) nationwide that lack individual rate studies. A tariff methodology based on cost-of-service, social equity and environmental sustainability principles is set, defining rate categories, progressive consumption blocks and modalities such as prepaid and residential hourly rates. The estimated average rate for the 2025-2029 five-year period is approximately ¢45 per cubic meter, with variations depending on system size (subscriber range) and user type. Resources are earmarked for investments in hydrogeological studies, macro-metering, water quality analysis and water culture programs, aiming to strengthen integrated water resource management in rural communities.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "10/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104306.json", "html_url": "/legal/doc/norm-104306", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104306&strTipM=TC&nValor3=0" }, { "id": "norm-104338", "citation": "Acuerdo 084", "section": "norms", "doc_type": "agreement", "title_en": "2025 Gulf of Nicoya Fishing Ban", "title_es": "Veda de Pesca en el Golfo de Nicoya 2025", "summary_en": "The INCOPESCA Board of Directors Agreement AJDIP/084-2025 establishes a fishing ban in the Gulf of Nicoya from May 1 to July 31, 2025, based on scientific criteria to protect fishery resources during their reproductive period. The measure prohibits fishing within coordinates-defined areas, with exceptions for the semi-industrial sardine fleet starting June 15 in zone C, subject to inspections and a maximum 10% bycatch cap for non-target species. Artisanal handline fishing for barracuda, piangua extraction, aquaculture, and domestic consumption fishing are allowed under agreement AJDIP-511-2017. A recreational and sport fishing tournament is authorized on July 12, 2025, under supervision and license verification. The agreement includes inter-institutional coordination for surveillance and enforcement, and provisions for vessels based in the closed area that operate outside the gulf.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104338.json", "html_url": "/legal/doc/norm-104338", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104338&strTipM=TC&nValor3=0" }, { "id": "norm-104363", "citation": "Acuerdo 085", "section": "norms", "doc_type": "agreement", "title_en": "Agreement 085 — Fisheries and Aquaculture Transport Guide", "title_es": "Acuerdo 085 — Guía de transporte pesquero y acuícola", "summary_en": "Directive Board Agreement JDIP/085-2025 of INCOPESCA establishes mandatory regulations for transporting fisheries and aquaculture products in Costa Rica. It requires all individuals or legal entities engaged in this activity to obtain an authorization from INCOPESCA and to use an official transport guide. The regulation details requirements for domestic and foreign vehicles transiting the national territory, including the obligation to carry a valid veterinary certificate, invoices of origin, and the transport guide, as well as mandatory verification at border and internal control posts such as Talamanca, Sixaola, Upala, and others. Only products that comply with regulatory sizes, species, and origin may be transported. Non-compliance is sanctioned under the Fisheries and Aquaculture Law (Law 8436), including fines and a judicial lien annotation on the vehicle in the National Registry of Movable Assets. Improvements to the transport guide format are approved, and a socialization process is mandated.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104363.json", "html_url": "/legal/doc/norm-104363", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104363&strTipM=TC&nValor3=0" }, { "id": "norm-104375", "citation": "Reglamento municipal 220", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Integrated Waste Management in the Canton of Atenas", "title_es": "Reglamento para la gestión integral de residuos en Atenas", "summary_en": "This municipal regulation establishes the legal framework for integrated waste management in the canton of Atenas. It governs source separation, differentiated collection of recyclable and non-recyclable waste, temporary storage, transport, treatment, and final disposal of ordinary waste, as well as related public services (maintenance of green areas, street sweeping, and storm drain cleaning). It defines obligations and responsibilities for domestic, commercial, industrial, and large waste generators and establishes a system of differentiated fees by category. It includes an incentive scheme to promote reduction, reuse, and recycling, along with mechanisms for citizen participation and environmental education. The chapter on infractions classifies conducts as minor, serious, and very serious, imposes monetary sanctions and protective measures, and empowers the municipality to inspect and apply sanctions with due process guarantees.", "primary_topic_id": null, "topic_ids": [], "date": "06/02/2023", "year": "2023", "json_url": "/data/legal/docs/norm-104375.json", "html_url": "/legal/doc/norm-104375", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104375&strTipM=TC&nValor3=0" }, { "id": "norm-104390", "citation": "Reglamento municipal 45", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Integrated Waste Management in the Canton of Alajuelita", "title_es": "Reglamento para la Gestión Integral de Residuos en el Cantón de Alajuelita", "summary_en": "This municipal regulation, issued by the Municipality of Alajuelita under the Integrated Waste Management Law No. 8839, establishes the regulatory framework for the integrated management of waste under municipal jurisdiction in the canton. It sets out applicable principles, generator obligations, waste classification (recoverable, organic, hazardous, special management, etc.), and services for differentiated collection, street sweeping, parks and ornamentation, and stormwater drainage. It regulates service fees, incentives for proper management, and infractions with sanctions ranging from minor to very serious fines, in accordance with Law No. 9825. It also includes provisions for large generators, recovery centers, citizen participation, and the prohibition of practices such as burning and illegal waste disposal. It promotes source separation, recovery, composting, and circular economy.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "01/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104390.json", "html_url": "/legal/doc/norm-104390", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104390&strTipM=TC&nValor3=0" }, { "id": "norm-104391", "citation": "Resolución 0002", "section": "norms", "doc_type": "resolution", "title_en": "Executive Summary of the General Management Plan for Piedras Blancas National Park", "title_es": "Resumen Ejecutivo del Plan General de Manejo del Parque Nacional Piedras Blancas", "summary_en": "Resolution R-SINAC-CONAC-0002-2025 approves and formalizes the General Management Plan for Piedras Blancas National Park for the 2023-2033 period. The document establishes conservation objectives, focal management elements—such as lowland forests, mangroves, lotic and lentic ecosystems, terrestrial mammals, needlefish, and corals—and a zoning scheme for the protected area into minimal, low, medium, and high intervention zones, both terrestrial and marine. It defines permitted and prohibited activities in each zone, including ecotourism, research, infrastructure construction, navigation, and fishing, to ensure biodiversity protection and ecosystem services. It includes an influence zone for working with neighboring communities to reduce external threats. The resolution orders the publication of the full document on the SINAC website.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "05/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104391.json", "html_url": "/legal/doc/norm-104391", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104391&strTipM=TC&nValor3=0" }, { "id": "norm-104393", "citation": "Decreto 44988", "section": "norms", "doc_type": "executive_decree", "title_en": "Accession to the BBNJ Agreement on Marine Biodiversity", "title_es": "Adhesión al Acuerdo BBNJ sobre Biodiversidad Marina", "summary_en": "This decree formalizes Costa Rica's accession to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement), adopted in New York on June 19, 2023. The decree is issued following legislative approval via Law No. 10678, published in April 2025. It establishes that the instrument of accession shall be deposited with the Secretary-General of the United Nations, in accordance with Articles 66 and 75 of the Agreement itself. The Agreement will enter into force for Costa Rica thirty days after deposit of the instrument. This legal act incorporates into domestic law a key international instrument for the governance of marine biodiversity beyond national jurisdiction, covering conservation, sustainable use, marine genetic resources, environmental impact assessments, marine protected areas, and technology transfer.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104393.json", "html_url": "/legal/doc/norm-104393", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104393&strTipM=TC&nValor3=0" }, { "id": "norm-104424", "citation": "Reglamento municipal 052-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Integrated Management of Solid Waste of the Central Canton of San José", "title_es": "Reglamento para la Gestión Integral de Residuos Sólidos del Cantón Central de San José", "summary_en": "This regulation establishes the legal framework for the integrated management of solid waste in the Central Canton of San José, pursuant to Law 8839. It defines obligations for generators, managers, and the Municipality, promoting prevention, separation, selective collection, recovery, and appropriate final disposal. It classifies generators as household, commercial, industrial, and large generators, detailing their duties such as source separation and payment of fees. It regulates municipal differentiated collection services (ordinary, recoverable, bulky, organic, etc.) and the operation of recovery centers. It establishes an incentive regime (recognition, differentiated rates) and a system of infractions and sanctions (minor, serious) with fines calculated based on formulas tied to service rates. It includes provisions on collective storage, construction and demolition waste, organic waste, and the prohibition of clandestine dumps. It encourages citizen participation and environmental education, and provides for inspection, oversight, and reporting to the Environmental Administrative Tribunal.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "29/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104424.json", "html_url": "/legal/doc/norm-104424", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104424&strTipM=TC&nValor3=0" }, { "id": "norm-104439", "citation": "Acuerdo 0290", "section": "norms", "doc_type": "agreement", "title_en": "Optimal catch volume and tuna fishing licenses for foreign purse-seine vessels in Costa Rican Pacific EEZ", "title_es": "Volumen óptimo de captura y licencias de pesca de atún para embarcaciones extranjeras con red de cerco en la ZEE del Pacífico costarricense", "summary_en": "This INCOPESCA Board Agreement sets an optimal catch volume of 14,600 metric tons of yellowfin tuna for foreign-flagged purse-seine vessels in Costa Rica's Pacific Exclusive Economic Zone for the year 2025. Based on technical-scientific criteria from the IATTC and the need to supply raw material to the national tuna processing industry, it follows Executive Decree 41635-MAG and the Fisheries and Aquaculture Law (Law 8436). The agreement details licensing procedures, including the obligation that all catches be destined for the national industry, exclusive unloading at Costa Rican docks, exceptions for breakdowns, health issues, or lack of storage capacity, and quota control by INCOPESCA. It also allows quota adjustments if more raw material is needed. This is a fisheries management norm with a focus on sustainability and socioeconomic development.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "22/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104439.json", "html_url": "/legal/doc/norm-104439", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104439&strTipM=TC&nValor3=0" }, { "id": "norm-104451", "citation": "Circular 90", "section": "norms", "doc_type": "circular", "title_en": "Formalization of Manual, Toolbox and Environmental Criteria Guide for Strategic Public Procurement", "title_es": "Formalización de Manual, Caja de Herramientas y Guía de Criterios Ambientales para Compras Públicas Estratégicas", "summary_en": "Circular 90-2025 of the Consejo Superior (Superior Council) of the Judicial Branch formalizes the adoption of several documents prepared by the Ministry of Finance to promote strategic public procurement under the General Public Procurement Law No. 9986. These include an environmental criteria guide, a toolbox, and an implementation manual. The act aims to embed sustainability criteria in the Judiciary's procurement and support compliance with the 2030 Agenda, the Sustainable Development Goals (SDGs), and the Institutional Environmental Management Plan (PGAI) 2022-2026. The circular does not impose direct substantive obligations but formalizes technical guidelines to assist judicial offices in integrating environmental, social, and innovation considerations into public procurement. It represents an institutional commitment to sustainable public procurement, as reflected in the Council's approval of the referenced documents.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104451.json", "html_url": "/legal/doc/norm-104451", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104451&strTipM=TC&nValor3=0" }, { "id": "norm-104458", "citation": "Reglamento municipal 079", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to Oreamuno Municipal Aqueduct Regulation — Differentiated Tariff for Extreme Poverty", "title_es": "Reforma del Reglamento del Acueducto Municipal de Oreamuno — Tarifa Diferenciada para Pobreza Extrema", "summary_en": "The Municipal Council of Oreamuno, in extraordinary session No. 079-2025 held on April 24, 2025, approved the addition of Article 14 bis to the regulation governing the operation and administration of the municipal aqueduct. This amendment introduces a differentiated drinking water service tariff for individuals in extreme poverty, as certified by the Joint Institute for Social Aid (IMAS) and registered in the National Information and Single Registry of State Beneficiaries. The benefit applies when verified monthly consumption via water meter does not exceed 30 cubic meters, and consists in charging the basic residential tariff. Applicants must submit the IMAS declaration, not older than one month, to the Municipal Aqueduct Department. The reduced tariff remains valid from the approval date until December 31 of the same year. The amendment was approved unanimously, with the committee review waived, and declared definitively approved pursuant to Article 45 of the Municipal Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104458.json", "html_url": "/legal/doc/norm-104458", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104458&strTipM=TC&nValor3=0" }, { "id": "norm-104468", "citation": "Decreto 44991", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Interest for the First Central American and Caribbean Congress for Pollinator Conservation", "title_es": "Declaratoria de interés público del I Congreso Centroamericano y del Caribe para la Conservación de los Polinizadores", "summary_en": "Executive Decree No. 44991-MAG declares of public interest the First Central American and Caribbean Congress for Pollinator Conservation, to be held from July 16 to 18, 2025, at the National Technical University, Atenas campus. The regulation recognizes the importance of pollinators for biodiversity and food security, and the negative impact of climate change on their populations. The congress aims to promote research, knowledge exchange, and regional collaboration for the preservation of pollinators and mitigation of the effects of climate change, positioning Costa Rica as a benchmark in the field. The decree authorizes public and private entities to contribute resources to the activity.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104468.json", "html_url": "/legal/doc/norm-104468", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104468&strTipM=TC&nValor3=0" }, { "id": "norm-104470", "citation": "Decreto 45007", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Pesticide Registration Regulation (RTCR 509:2022)", "title_es": "Reforma al Reglamento de Registro de Plaguicidas (RTCR 509:2022)", "summary_en": "This executive decree comprehensively amends the technical regulation RTCR 509:2022 on the registration of agricultural inputs, specifically formulated synthetic pesticides, technical grade active ingredients (TGAI), and related substances. It introduces new registration modalities: one for chemical pesticides of mineral or inorganic origin, and another for TGAI based on reference information from internationally recognized authorities (EFSA, EPA, FAO, APVMA, Canada). It establishes detailed requirements, evaluation procedures, and technical annexes for these modalities. It incorporates the concept of a 'List of Molecules Not Authorized for Registration by Homologation', based on regulatory status in OECD countries, and mandates the Ministries of Environment, Health, and Agriculture to publish it. The decree also adjusts timelines, grounds for suspension and cancellation of registrations, and sets a phased schedule for updating existing TGAI registrations. The aim is to broaden registration pathways, align with international standards, and strengthen risk assessment for human health and the environment.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "24/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104470.json", "html_url": "/legal/doc/norm-104470", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104470&strTipM=TC&nValor3=0" }, { "id": "norm-104482", "citation": "Reglamento municipal 61", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Disposal of Materials Extracted from Quarries Concessioned to the Municipality of Naranjo", "title_es": "Reglamento para la disposición de materiales extraídos de los tajos concesionados a la Municipalidad de Naranjo", "summary_en": "This municipal regulation establishes procedures for the Municipality of Naranjo to dispose of materials extracted from quarries concessioned by MINAE, through sale, exchange, or barter. It regulates the application form, approval or rejection deadlines by the Technical Road Management Unit, payment conditions, delivery hours and site, and grounds for suspension. It incorporates criteria of social equity, environmental sustainability, and economic efficiency. It sets the methodology for determining prices per cubic meter based on direct costs, indirect costs, and a reasonable profit margin, subject to annual review by a technical commission. It authorizes exchange agreements with other municipalities and public institutions, requiring proportionality and transparency. It provides for administrative sanctions for officials under the General Public Administration Law and the Anti-Corruption Law. It takes effect upon publication in the Official Gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104482.json", "html_url": "/legal/doc/norm-104482", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104482&strTipM=TC&nValor3=0" }, { "id": "norm-104559", "citation": "Reglamento municipal 40-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Regulation of the Municipal Plan for Integrated Solid Waste Management of the Canton of Palmares", "title_es": "Reforma al Reglamento del Plan Municipal para la Gestión Integral de Residuos Sólidos del Cantón de Palmares", "summary_en": "This municipal amendment modifies Article 43 of the Regulation of the Municipal Plan for Integrated Solid Waste Management of the Canton of Palmares, establishing the fee for ordinary solid waste management services. The Municipality will charge the service to any property where there is a building, dwelling, commerce, industry or service, according to Article 83 of the Municipal Code and its amendments. The norm details that categories are composed of types of generating activities, and that the administered party may appeal the given classification by presenting relevant evidence. It also states that if the Municipality fails to respond within the legal deadline, the principle of negative silence shall apply. This is an administrative reform adjusting tariff and procedural aspects of the municipal solid waste service, without directly addressing environmental protection matters, but rather the financial and operational management of the waste collection service.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104559.json", "html_url": "/legal/doc/norm-104559", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104559&strTipM=TC&nValor3=0" }, { "id": "norm-104578", "citation": "Reglamento municipal 082", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Municipal Regulation on Urban Tree, Shrub, and Herbaceous Plant Management in Green Infrastructure", "title_es": "Reglamento Municipal sobre Gestión del Arbolado Urbano, Arbustos y Herbáceas en la Infraestructura Verde Urbana", "summary_en": "This regulation establishes the legal framework for managing urban trees, shrubs, and herbaceous plants within the green infrastructure of the Cartago canton. It defines guidelines for planting, pruning, maintenance, protection, and removal of vegetation in public and private spaces, along with permits, prohibitions, and sanctions. It creates a Municipal Urban Tree Registry and a Management System that includes planning, inventory, and risk assessment of the green heritage. It incorporates technical criteria for species selection, planting distances, and root management, aiming to mitigate conflicts with infrastructure, improve ecological connectivity, reduce heat islands, and increase climate resilience. The regulation governs both existing trees and new plantings, requires municipal authorization for interventions, and establishes a compensation system for illegal damage or removal. It also promotes citizen participation through the creation of an Advisory Group on Urban Trees.", "primary_topic_id": null, "topic_ids": [], "date": "20/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104578.json", "html_url": "/legal/doc/norm-104578", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104578&strTipM=TC&nValor3=0" }, { "id": "norm-104592", "citation": "Reglamento municipal 060", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation of the Local Regulatory Plan Commission of the Canton of Río Cuarto", "title_es": "Reglamento de la Comisión Local de Plan Regulador del Cantón de Río Cuarto", "summary_en": "This municipal regulation establishes the composition, functions, and operation of the Local Regulatory Plan Commission of the canton of Río Cuarto. It defines a specialized seven-member body responsible for participating in the preparation, creation, and application of the cantonal regulatory plan, with representation from the Municipal Council, municipal employees, and civil society. It details requirements for membership, prohibitions, gender parity, and the ad honorem nature of the position. It assigns specific functions to the Coordinator, Sub-Coordinator, and Secretary, and describes the Commission's powers such as reviewing and approving plan instruments, overseeing its preparation, reporting to the Council, organizing public hearings, and recommending amendments. It regulates sessions, convocation, quorum, agenda, minutes, and decision-making. It includes provisions on termination of appointments, substitutions, and remedies for review and appeal against Commission decisions. It takes effect upon publication in 2025.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104592.json", "html_url": "/legal/doc/norm-104592", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104592&strTipM=TC&nValor3=0" }, { "id": "norm-104595", "citation": "Ley 10692", "section": "norms", "doc_type": "law", "title_en": "Reform of Amnesty for Unregistered Wells — 50% Surcharge on the Fee for Flows Exceeding 5 L/s", "title_es": "Reforma de Amnistía para Pozos No Inscritos — Recargo del 50% en el Canon para Caudales Mayores de 5 L/s", "summary_en": "This law, identified as Law 10692, amends Law 10647 of February 24, 2025, which established an amnesty for the registration of unregistered wells and the granting of concessions for water resource use in agricultural production activities. The amendment adds a final paragraph to Article 7 of Law 10647, imposing a compensatory and exceptional measure: the Ministry of Environment and Energy (MINAE) shall add fifty percent (50%) to the current water use fee for wells registered under this amnesty that have flow rates greater than five liters per second (5 L/s). This provision aims to balance access to water resources with an additional economic contribution from users with larger extractions, within the context of regularizing wells used in the agricultural sector. The law takes effect upon publication.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "06/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104595.json", "html_url": "/legal/doc/norm-104595", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104595&strTipM=TC&nValor3=0" }, { "id": "norm-104600", "citation": "Reglamento municipal 55", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Montes de Oro Municipal Aqueduct Regulation", "title_es": "Reforma al Reglamento del Acueducto Municipal de Montes de Oro", "summary_en": "The Municipal Council of Montes de Oro, via ordinary session No. 55-2025 of May 20, 2025, approved amendments to the Regulation for the Operation and Administration of the Aqueduct of the Municipality of Montes de Oro, originally published in La Gaceta No. 7 of January 14, 2025. The amendment addresses observations from the Ministry of Economy, Industry and Commerce (MEIC) in report DMR-DAR-INF-086-2025. The changes introduce resolution deadlines: 30 calendar days for water availability decisions (art. 14), with one-year validity and exclusion of positive silence; and 15 calendar days for processing other specified requests (arts. 19, 45, 81). Additionally, the municipality is allowed to verify legal entities, proxies, and representatives through official digital platforms, and may request documentation from users when such platforms are inaccessible. Identification requirements for individuals were adjusted, and a penalty was introduced for using a fixed water connection on a different property.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "20/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104600.json", "html_url": "/legal/doc/norm-104600", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104600&strTipM=TC&nValor3=0" }, { "id": "norm-104608", "citation": "Ley 10701", "section": "norms", "doc_type": "law", "title_en": "Declaration of the National Meteorological Institute as a Meritorious Institution", "title_es": "Declaratoria del Instituto Meteorológico Nacional como Institución Benemérita", "summary_en": "Law 10701 declares the National Meteorological Institute (IMN) as a Meritorious Institution of the Homeland, in recognition of its 135 years of contributions to Costa Rica's socioeconomic development. The normative text highlights the IMN's invaluable contribution to systematic weather monitoring, air and maritime navigation safety, and its role in hydrometeorological disaster prevention. This honorary declaration does not modify the IMN's technical functions or organizational structure, nor does it grant new legal powers in environmental matters; rather, it constitutes a symbolic recognition by the Costa Rican State of the institution's trajectory. The law consists of a single article and entered into force upon its publication in the official gazette La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104608.json", "html_url": "/legal/doc/norm-104608", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104608&strTipM=TC&nValor3=0" }, { "id": "norm-104611", "citation": "Reglamento municipal 056", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Pedestrian Mobility Regulation", "title_es": "Reglamento de Movilidad Peatonal", "summary_en": "This municipal regulation develops the Pedestrian Mobility Law 9976 for the canton of Turrialba, establishing the obligations of property owners and possessors in the construction, maintenance, and rehabilitation of sidewalks. It details the administrative procedure for ordering works, deadlines, the municipality's power to remedy omissions and charge the effective cost to taxes, as well as sanctions for unauthorized alterations. It also regulates minimum pedestrian circulation widths, removal of obstacles, temporary use permits, and creates a fee for sidewalk maintenance and construction services. It incorporates universal design and accessibility guidelines in accordance with Law 7600, prioritizing safe, agile, and inclusive pedestrian mobility, and provides for the development of a Local Human Development Cantonal Plan with citizen participation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104611.json", "html_url": "/legal/doc/norm-104611", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104611&strTipM=TC&nValor3=0" }, { "id": "norm-104612", "citation": "Directriz 01", "section": "norms", "doc_type": "directive", "title_en": "Directive DIG-01-2025 — Updating the ZMT Public Zone to the CR-SIRGAS system", "title_es": "Directriz DIG-01-2025 — Actualización de la Zona Pública de la ZMT al sistema CR-SIRGAS", "summary_en": "Directive DIG-01-2025, issued by the Directorate of the National Geographic Institute (IGN), updates the information on the Public Zone of the Maritime Terrestrial Zone (ZMT) to the official horizontal reference system CR-SIRGAS for the measurement epoch 2014.59, CRTM05 projection. This update is based on Executive Decree No. 40962-MJP, which changed the official horizontal datum from CR05 to CR-SIRGAS. The IGN, as the scientific and technical authority governing national cartography and geodesy, is responsible for maintaining the National Geodetic Network and providing official geoinformation for ZMT delimitation, a vital input for zoning plans, survey plan approval, and concession granting. The Directive orders that the updated information, contained in the IGN's Digital Georeferenced Geodatabase (GDG), be published on the SNIT geoportal in vector shapefile format, with three layers: milestones, lines, and river mouths and channels of the Public Zone. It takes effect upon publication in La Gaceta. The norm does not address substantive coastal environmental management issues, being limited to a technical-cartographic adjustment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104612.json", "html_url": "/legal/doc/norm-104612", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104612&strTipM=TC&nValor3=0" }, { "id": "norm-104615", "citation": "Reglamento municipal 032", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to Aserrí Solid Waste Management Regulation", "title_es": "Reforma al Reglamento para la Gestión Integral de Residuos Sólidos de Aserrí", "summary_en": "The Municipality of Aserrí, through a unanimous Municipal Council agreement on December 9, 2024, amended the Regulation for Integrated Solid Waste Management and Related Public Services. The amendment revises Articles 24, 25, 26, and 27, which now govern the municipal green area maintenance service. Article 24 limits its application to park areas, children's playgrounds, and river and stream protection zones that are municipal property, in districts where the service is provided. Article 25 describes the service as grass cutting, waste collection resulting from cleaning, and the possibility of investing municipal resources to promote beautification, recreation, sports, and leisure for all age groups. Article 26 empowers the municipality to decide on service coverage expansion based on technical and specialized criteria, available resources, and district collection and delinquency rates. Article 27 establishes a service fee, charged to each property owner proportionally to the property value in the covered district. The fee is calculated annually using an impact factor composed of the effective cost invested, plus a safety cost and a 10% profit margin, divided by the total taxable property base in the district, and is billed quarterly on outstanding balances.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/12/2024", "year": "2024", "json_url": "/data/legal/docs/norm-104615.json", "html_url": "/legal/doc/norm-104615", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104615&strTipM=TC&nValor3=0" }, { "id": "norm-104622", "citation": "Ley 10690", "section": "norms", "doc_type": "law", "title_en": "Tourism Development Law for the Islands of the Gulf of Nicoya", "title_es": "Ley Desarrollo Turístico Islas del Golfo de Nicoya", "summary_en": "Law 10690 declares the tourism development of the islands of the Gulf of Nicoya to be of public interest, authorizing the State to promote infrastructure and investments under a sustainable development and sound environmental management scheme. The law urges public institutions to collaborate with municipalities and district councils through agreements and public-private partnerships. It also mandates a biennial evaluation of the projects' impact on the islands' natural resources. The purpose is to strengthen the socioeconomic condition of the island territories, with special support for local small and medium-sized tourism enterprises.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104622.json", "html_url": "/legal/doc/norm-104622", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104622&strTipM=TC&nValor3=0" }, { "id": "norm-104623", "citation": "Ley 10696", "section": "norms", "doc_type": "law", "title_en": "Declaration of public interest for the tourism, ecological, sports, and cultural development of the Santos region", "title_es": "Declaración de interés público para el desarrollo turístico, ecológico, deportivo y cultural de la zona de los Santos", "summary_en": "Law 10696, enacted in 2025, declares the tourism, ecological, sports, and cultural development of the Santos Region (comprising the cantons of Tarrazú, León Cortés, Dota, and the districts of Frailes and San Cristóbal of Desamparados, San José province) as a matter of public interest. Its goal is to promote the economic and social development of the region through the sustainable use of its natural, historical, and cultural resources, in balance with the environment. The law empowers the State, through its institutions, to promote tourism infrastructure and investments under a sustainable development and proper environmental management framework. It also authorizes local municipalities to lead inter-institutional coordination, promote the use of properties with ecotourism potential, arrange public or private financing, and encourage public-private partnerships. The statute provides a collaborative framework to boost the region's comprehensive development, respecting territorial organization plans and applicable municipal regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104623.json", "html_url": "/legal/doc/norm-104623", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104623&strTipM=TC&nValor3=0" }, { "id": "norm-104625", "citation": "Acuerdo 12", "section": "norms", "doc_type": "agreement", "title_en": "Management Plan for the Use of Farmed Shrimp Resources in the Gulf of Nicoya", "title_es": "Plan de Manejo para el Aprovechamiento de Recurso Camarón de Cultivo del Golfo de Nicoya", "summary_en": "This document presents the Management Plan for the Use of Farmed Shrimp Resources (Litopenaeus vannamei) in the mangroves of Colorado, San Buenaventura, and Níspero, within the Arenal-Tempisque Conservation Area, approved by the National Council of Conservation Areas (SINAC) through Agreement 12 of Ordinary Session 06-2025. Jointly prepared by SINAC and INCOPESCA, the plan aims to formalize shrimp farming in the area under a sustainability framework, in compliance with Law 9814 and its regulations (Decree 43333). It establishes zoning of the area, specifies protocols for good management practices for semi-intensive and extensive farming, and defines expected production volumes. It also details the commercialization chain and applicable legislation, including the Forestry Law, the Maritime Terrestrial Zone Law, and the Ramsar Convention. The plan seeks to align producers with legal provisions, promoting environmental responsibility and the generation of reliable productive data.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104625.json", "html_url": "/legal/doc/norm-104625", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104625&strTipM=TC&nValor3=0" }, { "id": "norm-104627", "citation": "Ley 10727", "section": "norms", "doc_type": "law", "title_en": "Declaration of Public Interest for the Tourism, Ecological, and Cultural Development of the Cantons of Pococí, Siquirres, Matina, Talamanca, and Central de Limón", "title_es": "Declaración de interés público del desarrollo turístico, ecológico y cultural de los cantones de Pococí, Siquirres, Matina, Talamanca y Central de Limón", "summary_en": "Law 10727 declares the tourism, ecological, and cultural development of five cantons in Limón province to be of public interest. The State, through its centralized and decentralized institutions (except those under competition regimes), must promote infrastructure and investment under a model of sustainable development, inclusive tourism, and proper environmental management. Municipalities are empowered to lead interinstitutional coordination. The law aims to strengthen local social and economic conditions by supporting small and medium tourism-related enterprises and protecting and enhancing cultural and natural heritage. It is an enabling norm that does not create specific obligations but authorizes State collaboration toward those goals.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104627.json", "html_url": "/legal/doc/norm-104627", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104627&strTipM=TC&nValor3=0" }, { "id": "norm-104665", "citation": "Reglamento municipal 0 (Municipalidad de Moravia, 20/06/2025)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Use of Public Areas of the Canton", "title_es": "Reglamento para el uso de áreas públicas del Cantón", "summary_en": "This regulation issued by the Municipality of Moravia establishes rules for the use and protection of the canton's public spaces, such as parks, green areas, squares, and boulevards. It defines municipal powers and duties, including the possibility of delegating the administration of these spaces to community organizations through agreements. It regulates time restrictions, permits for temporary activities, and prohibits behaviors that threaten safety, health, tranquility, and the environment, such as damaging furniture, felling trees, smoking, consuming alcohol or drugs, and camping in public areas. It includes provisions for pet parks, requiring compliance with health regulations and animal control. It also establishes a protocol for the expulsion of offenders and repeals previous regulations. Its focus is to ensure the proper use and conservation of these public assets, promoting civic coexistence and the protection of urban landscaping and natural resources.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "_off-topic" ], "date": "20/06/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104665.json", "html_url": "/legal/doc/norm-104665", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104665&strTipM=TC&nValor3=0" }, { "id": "norm-104679", "citation": "Decreto 45019", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Regulation for Drinking Water Quality regarding pesticides", "title_es": "Reforma al Reglamento para la Calidad del Agua Potable sobre plaguicidas", "summary_en": "This executive decree amends the Regulation for Drinking Water Quality (Executive Decree No. 38924-S) to introduce alert values (AV) for pesticides in drinking water and establish risk-adjusted maximum admissible values (RAMAV) for chlorothalonil metabolites. It sets an AV of 0.10 μg/L for individual pesticides and 0.50 μg/L for the total sum, triggering a risk analysis and preventive actions. Exceeding the AV without a specific RAMAV results in preventive closure of the water source. Procedures are defined for when these values are exceeded, including issuing sanitary orders, the obligation to provide safe water through alternative methods, and inter-institutional coordination to reduce contamination. The decree is based on the precautionary principle and WHO recommendations, aiming to protect public health from pesticide risks.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "19/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104679.json", "html_url": "/legal/doc/norm-104679", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104679&strTipM=TC&nValor3=0" }, { "id": "norm-104714", "citation": "Decreto 45028", "section": "norms", "doc_type": "executive_decree", "title_en": "Revocation of public utility declaration for ASADA Puente de Piedra de Grecia", "title_es": "Derogatoria de utilidad pública de ASADA Puente de Piedra de Grecia", "summary_en": "This Executive Decree N°45028-MJP, issued by the Presidency of the Republic and the Ministry of Justice and Peace, revokes the public utility declaration that covered the Administrative Association of the Aqueduct and Sanitary Sewer of the Puente de Piedra District of Grecia, Alajuela. The measure responds to the formal resignation presented by the association's legal representative, based on the revocatory power granted by the Law of Associations and its Regulation. The norm orders communication to the Associations Registry, the Ministry of Finance, the General Directorate of Taxation, and the National Registry, and takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104714.json", "html_url": "/legal/doc/norm-104714", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104714&strTipM=TC&nValor3=0" }, { "id": "norm-104716", "citation": "Decreto 45030", "section": "norms", "doc_type": "executive_decree", "title_en": "Revocation of Public Utility Status for the Matapalo ASADA", "title_es": "Derogatoria de Utilidad Pública de la ASADA de Matapalo", "summary_en": "This executive decree revokes the public utility declaration for the Asociación Administradora del Acueducto y Alcantarillado Sanitario de Matapalo, in Savegre de Quepos, for failing to submit its 2023 annual activity report. The action is based on Article 32 of the Associations Law, which empowers the Executive Branch to revoke the benefit when the reasons for granting it no longer exist. Despite receiving a warning, the association did not rectify the omission, leading to the revocation. The decree mandates notification to the Associations Registry, the Ministry of Finance, and the General Directorate of Taxation for their respective actions, and it takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104716.json", "html_url": "/legal/doc/norm-104716", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104716&strTipM=TC&nValor3=0" }, { "id": "norm-104717", "citation": "Decreto 45031", "section": "norms", "doc_type": "executive_decree", "title_en": "Revocation of public utility status for ASADA Bananito Norte y Sur", "title_es": "Derogatoria de utilidad pública de ASADA Bananito Norte y Sur", "summary_en": "This executive decree revokes the public utility declaration that the State had granted to the Asociación Administradora del Acueducto y Alcantarillado Rural de Bananito Norte y Sur de Limón. The measure is based on the association's failure to submit the required annual activity reports for the years 2022 and 2023, as well as on the express resignation submitted by its legal representative on July 6, 2023. The association renounced the public utility status in order to avail itself of the benefits under Law No. 8776, which governs exemptions for Community Water and Sewer System Administrators (ASADAS). With the revocation, the association loses the benefits and privileges previously granted by the Executive Branch pursuant to said declaration.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "08/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104717.json", "html_url": "/legal/doc/norm-104717", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104717&strTipM=TC&nValor3=0" }, { "id": "norm-104720", "citation": "Resolución 0081", "section": "norms", "doc_type": "resolution", "title_en": "Rejection of appeal against partial suspension of Water and Sanitation Regulation (AR-RT-SUMAAH-2023)", "title_es": "Rechazo de recurso contra suspensión parcial de Reglamento de Acueducto y Alcantarillado (AR-RT-SUMAAH-2023)", "summary_en": "The Board of ARESEP resolved the appeal and request for clarification filed by AyA against resolution RE-0078-JD-2024, which partially and temporarily suspended articles 5 (definition of 'consumption unit') and 124 of the Technical Regulation AR-RT-SUMAAH-2023. ARESEP dismissed the appeal, confirming that the suspension is a precautionary measure motivated by the need to avoid serious social and economic harm. The reimbursement of amounts collected via credit notes does not constitute a retroactive effect but a 'dimensioning' of the precautionary measure, authorized by article 131 of the CPCA and case law. The request for clarification is partially granted: the word 'residential' is removed from Operative Clause V so that the consumption distribution applies to all types of condominiums, not only residential ones. This exhausts administrative remedies.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "13/06/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104720.json", "html_url": "/legal/doc/norm-104720", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104720&strTipM=TC&nValor3=0" }, { "id": "norm-104739", "citation": "Decreto 45055", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of public utility declaration for water association", "title_es": "Derogatoria de declaratoria de utilidad pública de asociación administradora de acueducto", "summary_en": "Executive Decree No. 45055-MJP revokes the public utility declaration granted to the Asociación Administradora del Acueducto y Alcantarillado Sanitario La Piedra de Convento de Volcán de Buenos Aires, originally conferred by Executive Decree No. 42183-MJP on January 8, 2020. The revocation is based on the association's express waiver, formalized by a Board of Directors agreement in July 2023. The Executive Branch exercises the authority vested in it by Article 32 of the Law on Associations to withdraw the benefit when the grounds for its granting cease to exist, following the procedure set forth in Article 33 ter of the Regulation to the Law on Associations. The repeal means the association loses the tax and administrative privileges associated with the public utility declaration, and the decision must be communicated to the Associations Registry, the Ministry of Finance, and the General Directorate of Taxation for corresponding actions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104739.json", "html_url": "/legal/doc/norm-104739", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104739&strTipM=TC&nValor3=0" }, { "id": "norm-104740", "citation": "Decreto 45057", "section": "norms", "doc_type": "executive_decree", "title_en": "Revocation of public-utility status of the Uvita-Bahía Water Association", "title_es": "Derogación de utilidad pública de la Asociación del Acueducto de Uvita y Bahía", "summary_en": "This executive decree revokes the public-utility declaration previously granted to the Asociación Administradora del Acueducto Comunal de Uvita y Bahía, a rural water association. The revocation is based on the formal resignation submitted by the association itself, in accordance with Article 32 of the Associations Law and Articles 33 bis and 33 ter of its regulations, which allow the Executive Branch to revoke such benefit when the reasons for granting it disappear or upon voluntary resignation. The revocation takes effect upon publication and orders notification to the Associations Registry, the Ministry of Finance, and the Tax Authority so they may act within their competence. This administrative act is purely formal, executing the submitted resignation without any substantive evaluation of the association's performance or underlying reasons.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104740.json", "html_url": "/legal/doc/norm-104740", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104740&strTipM=TC&nValor3=0" }, { "id": "norm-104741", "citation": "Decreto 45058", "section": "norms", "doc_type": "executive_decree", "title_en": "Revocation of public utility declaration for water and sanitation association", "title_es": "Deja sin efecto declaratoria de utilidad pública de asociación administradora de acueducto", "summary_en": "Executive Decree No. 45058-MJP repeals the public utility declaration granted to the Water and Sanitation Management Association of Argentina, Barrio El Carmen, and Pocora Sur. The decision is based on the association's failure to submit annual activity reports for 2023 and 2024, without valid justification. The Executive Branch, exercising powers under Article 32 of the Associations Law, revokes the benefit previously granted by Executive Decree No. 41760-MJP of March 1, 2019. The decree mandates notification to the Associations Registry for annotation, and communication to the Ministry of Finance, the General Directorate of Taxation, and the National Property Registry, so they may act within their competence. The norm becomes effective upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104741.json", "html_url": "/legal/doc/norm-104741", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104741&strTipM=TC&nValor3=0" }, { "id": "norm-104742", "citation": "Decreto 46056", "section": "norms", "doc_type": "executive_decree", "title_en": "Revocation of public utility declaration of Asociación Acueducto Tablazo Centro", "title_es": "Derogatoria de declaratoria de utilidad pública de la Asociación Acueducto Tablazo Centro", "summary_en": "Executive Decree 46056-MJP revokes the public utility declaration for the interests of the State that had been granted to the Asociación Acueducto Tablazo Centro by Decree 41954-MJP. The decision is based on Article 32 of the Law on Associations and Articles 33 bis and 33 ter of the Regulation to the Law on Associations, which allow revocation of the benefit when the reasons that justified it disappear or when the association renounces it. In this case, the association formally renounced the benefit on August 12, 2023. The decree orders communication of the revocation to the Associations Registry, the Ministry of Finance, the General Directorate of Taxation, and the National Property Registry for the corresponding annotations, and it takes effect upon publication. No environmental or other aspects are discussed; it is an administrative act related to associations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104742.json", "html_url": "/legal/doc/norm-104742", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104742&strTipM=TC&nValor3=0" }, { "id": "norm-104750", "citation": "Decreto 0031", "section": "norms", "doc_type": "regulation", "title_en": "Amendment to AyA Water Services Regulation", "title_es": "Reforma al Reglamento de Servicios de Acueductos de AyA", "summary_en": "This board agreement of the Costa Rican Institute of Aqueducts and Sewers (AyA) partially amends the Regulation for the Provision of AyA Services (RPSAyA) to align it with the new tariff structure of ARESEP effective as of March 2025. It reforms provisions on provisional services for construction, tariff classification (residential, industrial, social, among others), adjustments for high consumption due to leaks, flexible payment arrangements for vulnerable groups, and bulk water supply. The reform aims to update regulatory concepts, facilitate operational application of tariffs, and strengthen legal certainty for users.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/06/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104750.json", "html_url": "/legal/doc/norm-104750", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104750&strTipM=TC&nValor3=0" }, { "id": "norm-10481", "citation": "Ley 6693", "section": "norms", "doc_type": "law", "title_en": "National Council for Private University Higher Education Law", "title_es": "Ley del Consejo Nacional de Enseñanza Superior Universitaria Privada", "summary_en": "This law creates the National Council for Private University Higher Education (CONESUP), attached to the Ministry of Public Education, as the governing body for private universities in Costa Rica. It defines its composition by representatives from the Ministry, CONARE, private universities, the National Planning Office, and the Federation of Professional University Colleges. It establishes CONESUP's functions: authorizing the creation and operation of private universities, approving statutes, programs, curricula, fees, exercising oversight and inspection, and applying sanctions for non-compliance. It regulates the requirements to establish a private university, including legal constitution, sufficient resources, teaching staff, and infrastructure. It enshrines academic freedom, student representation in collegiate bodies (at least 25%), and the obligation to contribute to the study and solution of national problems through community work programs. It establishes a progressive sanctioning regime (warning, temporary suspension, closure) with prior hearing and appeal. It includes transitional provisions for existing universities and an intervention board mechanism to ensure continuity of service in case of cessation of activities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/11/1981", "year": "1981", "json_url": "/data/legal/docs/norm-10481.json", "html_url": "/legal/doc/norm-10481", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=10481&strTipM=TC&nValor3=0" }, { "id": "norm-104826", "citation": "Decreto 103", "section": "norms", "doc_type": "regulation", "title_en": "Internal Rules of Procedure for Sessions of the FONASCAFE Executive Council", "title_es": "Reglamento Interno de Sesiones del Consejo Ejecutivo de FONASCAFE", "summary_en": "These internal rules govern the functioning of the Executive Council of the National Coffee Sustainability Fund (FONASCAFE), a non-state public entity created by Law No. 9630. The regulations detail the Council's composition, the duties of its president, secretary, and members, and the conduct of ordinary and extraordinary sessions—allowing either in-person or virtual modes (hybrid sessions are expressly prohibited). It sets a quorum of three out of five members, outlines the handling of motions of order, and requires minutes to be kept confidentially due to sensitive credit portfolio data. Voting rules include simple and qualified majorities for specified decisions, with abstention grounds specified to prevent conflicts of interest. The document also covers per diem payments, temporary leaves, working committees, and the process for replacing members. It integrates recent legislation (Law No. 10379) on virtual sessions, ensuring secure, simultaneous audiovisual participation. The aim is to ensure transparent and lawful operation of the Council.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/06/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104826.json", "html_url": "/legal/doc/norm-104826", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104826&strTipM=TC&nValor3=0" }, { "id": "norm-104849", "citation": "Decreto 45095", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Organic Agricultural Activity Regulation", "title_es": "Reforma al Reglamento de Actividad Agropecuaria Orgánica", "summary_en": "This amendment to Executive Decree No. 35242-MAG-H-MEIC introduces key changes to the regulation of organic agricultural activity in Costa Rica. It adds a definition of 'geographic zone' to facilitate the formation of Organized Organic Producer Groups (GPO). It updates the requirements and procedure for payment for recognition of environmental benefits, including a new application form (Annex 3), the requirement of a colones client account certification, and verification of registration with the Control Body of the State Phytosanitary Service. Maximum resolution periods for the incentive process are set, not exceeding 258 calendar days. It details the procedure for immediate recognition of organic certification and for shortening the transition period to two years, with requirements such as sworn declarations, inspection reports, and pesticide residue analyses. Additionally, Annex 1 is modified to simplify the required data, and Annex 4 is created with the contents of the technical report for immediate recognition. The amendment aims to strengthen control mechanisms, promote the competitiveness of the organic sector, and comply with principles of regulatory improvement and administrative simplification.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104849.json", "html_url": "/legal/doc/norm-104849", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104849&strTipM=TC&nValor3=0" }, { "id": "norm-104863", "citation": "Reglamento municipal 50", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Manual for granting and regulating land use permits and canon payment within the Maritime Terrestrial Zone of Puerto Jiménez", "title_es": "Manual para el otorgamiento y regulación de permisos de uso de suelo y pago de canon dentro de la Zona Marítima Terrestre del Cantón de Puerto Jiménez", "summary_en": "This municipal manual regulates the granting of precarious land use permits in the restricted zone of the Maritime Terrestrial Zone of Puerto Jiménez canton. It is enacted due to the absence of a Coastal Regulatory Plan, which prevents formal concessions under Law No. 6043. The document sets out requirements for natural and legal persons, including proof of prior occupation, survey plans, sworn statements, and verification of no impact on State Natural Heritage. It details prohibitions (occupation of public zone, transfer of permits, granting to officials or non-resident foreigners), rights and obligations of the parties, and the discretionary and revocable nature of the permit. It also regulates the payment of a canon based on use (residential, lodging, agricultural, commercial), with reduced rates for low-income individuals. Permits expire upon the entry into force of the future Regulatory Plan, at which point permit holders must apply for a concession.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "05/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104863.json", "html_url": "/legal/doc/norm-104863", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104863&strTipM=TC&nValor3=0" }, { "id": "norm-104868", "citation": "Tratados Internacionales 10738", "section": "norms", "doc_type": "treaty", "title_en": "MARPOL Convention", "title_es": "Convenio MARPOL", "summary_en": "The Legislative Assembly approves Costa Rica's accession to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL), including its 1978 and 1997 Protocols, technical annexes, and subsequent amendments adopted by the International Maritime Organization (IMO). The instrument covers prevention of marine pollution by oil, noxious liquid substances, harmful substances in packaged form, sewage, garbage, and air pollution. Costa Rica enters a reservation to Article 16 of the Convention, conditioning the entry into force of future amendments to domestic constitutional procedures: amendments will apply as lower-ranking protocols when non-substantial, and require legislative approval when they involve fundamental changes. The law empowers the State to implement detailed technical rules on ship construction, equipment, and operation, as well as certification and inspection systems, aligning national legislation with international standards for marine environmental protection.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104868.json", "html_url": "/legal/doc/norm-104868", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104868&strTipM=TC&nValor3=0" }, { "id": "norm-104869", "citation": "Tratados Internacionales 10738-A", "section": "norms", "doc_type": "treaty", "title_en": "MARPOL Convention", "title_es": "Convenio MARPOL", "summary_en": "This international convention, approved by Costa Rica through Law 10738, establishes the legal framework to prevent pollution of the marine environment by ships, whether from operational or accidental discharges of oil and other harmful substances. MARPOL requires States Parties to adopt rules on ship design, construction, equipment, and operation, as well as to impose severe sanctions for violations. It includes provisions on port inspections, reporting of pollution incidents, technical cooperation, and dispute resolution. Costa Rica's accession entails incorporation of Annexes I and II of the 1978 Protocol, containing detailed regulations to prevent pollution by oil and noxious liquid substances in bulk. The certified consolidated text includes numerous amendments adopted by the Marine Environment Protection Committee (MEPC) of the International Maritime Organization, reflecting the regime's evolution to eliminate intentional pollution and minimize accidental discharges. The approval law is the national instrument making this treaty binding, obligating Costa Rican authorities to its application and enforcement.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104869.json", "html_url": "/legal/doc/norm-104869", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104869&strTipM=TC&nValor3=0" }, { "id": "norm-104872", "citation": "Tratados Internacionales 10738-D", "section": "norms", "doc_type": "treaty", "title_en": "1978 Protocol — MARPOL", "title_es": "Protocolo de 1978 — MARPOL", "summary_en": "This document is the 1978 Protocol to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL 73/78). The Protocol aims to accelerate the implementation of the oil pollution prevention rules in Annex I of the original Convention, while temporarily postponing the application of Annex II (noxious liquid substances) until technical issues are resolved. It establishes general obligations to apply the Convention and Protocol jointly, communicate information on appointed surveyors and recognized organizations, and regulates procedural aspects such as signature, ratification, entry into force (when at least 15 States representing 50% of world gross tonnage become parties), amendments, and denunciation. Costa Rica approved its accession by Executive Decree No. 45179 of August 20, 2025.", "primary_topic_id": null, "topic_ids": [], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104872.json", "html_url": "/legal/doc/norm-104872", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104872&strTipM=TC&nValor3=0" }, { "id": "norm-104874", "citation": "Tratados Internacionales 10738-F", "section": "norms", "doc_type": "treaty", "title_en": "MARPOL Convention – Annex I (Prevention of Pollution by Oil)", "title_es": "Convenio MARPOL – Anexo I (Prevención de contaminación por hidrocarburos)", "summary_en": "This document contains the text of Annex I to the MARPOL Convention, approved by Costa Rica through Law 10738. It sets out detailed rules for the prevention of pollution by oil from ships. It establishes key definitions, scope of application to all ships, and limited exemptions. It regulates the construction and equipment of machinery spaces and tanker cargo areas, including double-hull and double-bottom requirements based on delivery date and deadweight tonnage. It imposes strict controls on operational discharges of oil and oily mixtures, prohibiting them except under very specific treatment and distance-from-shore conditions. It mandates the carrying of Oil Record Books, international certificates, and emergency plans. Additionally, it commits States to provide adequate reception facilities. In essence, this annex is the international technical regime that Costa Rica adopts for all its jurisdictional waters and vessels flying its flag.", "primary_topic_id": null, "topic_ids": [], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104874.json", "html_url": "/legal/doc/norm-104874", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104874&strTipM=TC&nValor3=0" }, { "id": "norm-104875", "citation": "Tratados Internacionales 10738-G", "section": "norms", "doc_type": "treaty", "title_en": "MARPOL Annex II — Prevention of pollution by noxious liquid substances in bulk", "title_es": "Anexo II del Convenio MARPOL — Prevención de contaminación por sustancias nocivas líquidas a granel", "summary_en": "This legislative decree, supplemented by Executive Decree No. 45179 of August 20, 2025, approves Costa Rica's accession to Annex II of the MARPOL Convention, which sets rules for the prevention of pollution by noxious liquid substances carried in bulk. The Annex classifies these substances into four categories (X, Y, Z, and Other Substances) based on their hazards to marine resources and human health, and establishes strict operational controls for their carriage, including the prohibition of discharges at sea except under specific conditions of speed, distance from the nearest land, depth, and through underwater discharge outlets. It regulates the design and construction of tankers, tank cleaning procedures, the requirement to carry a Procedures and Arrangements Manual and a Cargo Record Book, as well as the certification and periodic survey of ships. It also obliges States Parties to provide adequate reception facilities at ports and terminals for residues of these substances and establishes control measures by authorized surveyors and audits to verify compliance with the Annex.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104875.json", "html_url": "/legal/doc/norm-104875", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104875&strTipM=TC&nValor3=0" }, { "id": "norm-104876", "citation": "Tratados Internacionales 10738-H", "section": "norms", "doc_type": "treaty", "title_en": "MARPOL Annex III — Harmful Substances in Packaged Form", "title_es": "Anexo III del Convenio MARPOL — Sustancias Perjudiciales en Bultos", "summary_en": "This legislative decree approves Costa Rica's accession to Annex III of the International Convention for the Prevention of Pollution from Ships (MARPOL), which establishes regulations to prevent marine pollution by harmful substances carried in packaged form. The Annex defines harmful substances as those considered marine pollutants under the IMDG Code or meeting the criteria for acute or chronic hazard to the aquatic environment specified in its appendix. It prohibits the carriage of such substances except in accordance with its provisions, and imposes requirements on packaging, labeling, documentation, stowage, and quantity limitations. It also regulates port State control inspections and establishes a periodic audit system to verify compliance by the Parties. The decree thus incorporates a key international environmental law instrument to protect the marine environment from ship-source pollution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104876.json", "html_url": "/legal/doc/norm-104876", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104876&strTipM=TC&nValor3=0" }, { "id": "norm-104877", "citation": "Tratados Internacionales 10738-I", "section": "norms", "doc_type": "treaty", "title_en": "MARPOL Annex IV on Sewage", "title_es": "Anexo IV del Convenio MARPOL sobre Aguas Sucias", "summary_en": "This document records Costa Rica's legislative approval of MARPOL Annex IV, which sets international rules for preventing pollution by sewage from ships. Annex IV defines 'sewage', classifies ships (new/existing, passenger), requires approved sewage treatment systems, and prohibits discharges at sea unless specific distance and treatment conditions are met. It also regulates surveys, certification, port reception facilities, and port State control. Special areas (Baltic Sea and future designations) and Polar Code provisions are included. Costa Rica's accession obliges it to implement these standards for ships flying its flag or operating in its jurisdictional waters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104877.json", "html_url": "/legal/doc/norm-104877", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104877&strTipM=TC&nValor3=0" }, { "id": "norm-104878", "citation": "Tratados Internacionales 10738-J", "section": "norms", "doc_type": "treaty", "title_en": "MARPOL Annex V — Prevention of Pollution by Garbage from Ships", "title_es": "Anexo V del Convenio MARPOL — Prevención de la contaminación por basuras de los buques", "summary_en": "MARPOL Annex V, adopted by Costa Rica through Law No. 10738, establishes regulations to prevent pollution of the sea by garbage from ships. It defines garbage (plastics, food waste, cargo residues, fishing gear, etc.) and generally prohibits its discharge into the sea, with very limited exceptions depending on distance from the nearest land, type of waste, and whether the ship is en route. In special areas such as the Wider Caribbean, restrictions are even stricter. The annex also imposes obligations on Parties to provide adequate reception facilities at ports and terminals, and on ships to carry a garbage management plan and a garbage record book. It includes port State control and audit procedures to verify compliance. Finally, it references the Polar Code for ships operating in polar waters, with additional environmental provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104878.json", "html_url": "/legal/doc/norm-104878", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104878&strTipM=TC&nValor3=0" }, { "id": "norm-104879", "citation": "Tratados Internacionales 10738-K", "section": "norms", "doc_type": "treaty", "title_en": "MARPOL Convention Annex VI — Rules to Prevent Air Pollution from Ships", "title_es": "Anexo VI del Convenio MARPOL — Reglas para prevenir la contaminación atmosférica ocasionada por los buques", "summary_en": "This norm approves Costa Rica's accession to Annex VI of the MARPOL Convention, which sets technical and operational rules to prevent air pollution from ships. The annex regulates emissions of ozone-depleting substances, nitrogen oxides (NOx), sulphur oxides (SOx) and particulate matter, volatile organic compounds (VOCs), and onboard incineration. It also introduces measures to improve the energy efficiency of international shipping, including the Energy Efficiency Design Index (EEDI), the Energy Efficiency Existing Ship Index (EEXI), a Ship Energy Efficiency Management Plan (SEEMP), and an operational carbon intensity (CII) rating. The norm establishes emission control areas, limits on sulphur content in fuels, certification procedures, sampling, verification, and enforcement measures, as well as data reporting obligations to the IMO.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104879.json", "html_url": "/legal/doc/norm-104879", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104879&strTipM=TC&nValor3=0" }, { "id": "norm-104915", "citation": "Ley 10735", "section": "norms", "doc_type": "law", "title_en": "Additional deadline for construction in maritime-terrestrial zone", "title_es": "Plazo adicional para construcción en zona marítimo terrestre", "summary_en": "Law 10735 amends the deadlines granted to coastal municipalities to approve coastal regulatory plans and process declarations of coastal urban zones. It extends until 2025 the period during which existing constructions in the restricted zone of the maritime-terrestrial zone may be preserved, provided no environmental damage is proven and a municipal fee for precarious land use is paid. This payment creates no acquired rights. Municipalities may use the constructions on a precarious basis while they lack a regulatory plan; once the plan takes effect, interested parties must conform to the planning or apply for the corresponding concession. The law responds to the difficulty many municipalities have faced in meeting the original deadlines.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "01/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104915.json", "html_url": "/legal/doc/norm-104915", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104915&strTipM=TC&nValor3=0" }, { "id": "norm-104937", "citation": "Resolución 22", "section": "norms", "doc_type": "resolution", "title_en": "Setting tax interest rate at 8.71% per annum", "title_es": "Fijación de tasa de interés tributaria en 8,71% anual", "summary_en": "This administrative resolution by IFAM updates the interest rate applicable to late tax payments and debts owed by the Tax Administration, in accordance with articles 57 and 58 of the Tax Code. The rate is set at 8.71% per annum, calculated as the simple average of the state commercial banks' lending rates for the commercial sector as of May 13, 2025, and it is verified that it does not exceed the passive base rate set by the Central Bank by more than ten percentage points. The new rate becomes effective upon publication in the official gazette and supersedes the previous one from January 2025.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/06/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104937.json", "html_url": "/legal/doc/norm-104937", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104937&strTipM=TC&nValor3=0" }, { "id": "norm-104958", "citation": "Decreto 45065", "section": "norms", "doc_type": "executive_decree", "title_en": "National Convenience Declaration for the Santa Cruz Coastal Aqueduct Project Phase II", "title_es": "Declaratoria de Conveniencia Nacional del Proyecto Acueducto Costero de Santa Cruz II Etapa", "summary_en": "Executive Decree 45065-MINAE declares the public works project 'Expansion and Improvement of the Santa Cruz Coastal Aqueduct. Phase II, Component II: Equipment of Well Lorena 2, Well Lorena 2-Bis and Impulsion Line to Lorena Well Field' to be of national convenience. The project is executed by the Costa Rican Institute of Aqueducts and Sewers (AyA) and aims to utilize 172 liters per second from the Nimboyores Aquifer to enhance potable water supply in the districts of Tempate, Tamarindo, and Cabo Velas in Santa Cruz, Guanacaste. The declaration is based on Articles 19(b) and 34 of Forestry Law 7575, which prohibit land-use change in forested areas and tree cutting in protection zones, except for projects declared of national convenience when social benefits outweigh socio-environmental costs. The decree authorizes targeted tree cutting subject to obtaining permits from SINAC and mandates environmental compensation. The environmental license was granted by SETENA through resolution 0019-2025-SETENA, valid until January 8, 2030.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "18/06/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104958.json", "html_url": "/legal/doc/norm-104958", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104958&strTipM=TC&nValor3=0" }, { "id": "norm-104960", "citation": "Decreto 45118", "section": "norms", "doc_type": "executive_decree", "title_en": "MAG Service Fee Reform — SENASA", "title_es": "Reforma de tarifas de servicios del MAG — SENASA", "summary_en": "This executive decree amends Decree 27763-MAG to create two new fee codes for services provided by the National Animal Health Service (SENASA): code G.08.01 sets a fee of ₡1,832.00 per animal for individual identification services for traceability, import, or export purposes, and code KF.02.01 establishes a fee of ₡808.00 for the Brucella diagnostic test performed under agreement. Additionally, subsections c) and d) of Article 5 are amended to clarify that when laboratory analyses required for microbiological sampling and contaminant residue programs, or for salmonella surveillance in poultry slaughterhouses, cannot be performed by LANASEVE and must be sent to external laboratories, the regulated party must bear the shipping cost and pay the laboratory directly. The reform stems from the implementation of the National System for Individual Identification and Traceability of Bovine Cattle (created by Decree 44336-MAG-S-SP-MOPT) and the cost-of-service principle in the SENASA General Law. The decree takes effect upon publication in La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/06/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104960.json", "html_url": "/legal/doc/norm-104960", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104960&strTipM=TC&nValor3=0" }, { "id": "norm-104977", "citation": "Decreto 45073", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Interest for Volcano 100", "title_es": "Declaratoria de interés público Volcano 100", "summary_en": "This executive decree declares the \"Volcano 100\" sporting event, a mountain biking race to be held on September 20, 2025 in Cámara de Ganaderos, Guanacaste and organized by BSR Eventos S.A. Deportiva, to be of public interest. The declaration is based on health promotion as a public-interest good protected by the State, and the ICODER request. Public and private entities are authorized to collaborate within their legal frameworks and without prejudicing their own objectives. The decree explicitly excludes any tax benefits, such as exemptions, in line with Executive Decree 40540-H. It takes effect upon publication. This declaration imposes no direct obligations but provides institutional backing to facilitate the sporting and sport-tourism event.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/norm-104977.json", "html_url": "/legal/doc/norm-104977", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=104977&strTipM=TC&nValor3=0" }, { "id": "norm-105005", "citation": "Directriz 001", "section": "norms", "doc_type": "directive", "title_en": "Public Interest Information Access and Confidential Information and Data Privacy Policy", "title_es": "Política de Acceso a la Información de Interés Público y Manejo de Información Confidencial y Datos Personales", "summary_en": "This internal directive of the Attorney General's Office regulates access to public information held by the institution and establishes procedures for the proper handling of confidential information and personal data. It sets guiding principles such as transparency, legality, confidentiality, and informational self-determination. It details the classification of information as public, confidential, or restricted, including the protection of whistleblowers' identities and the content of preliminary investigations. It establishes the procedure for information requests, response deadlines, the redaction of sensitive data in documents provided to third parties, and staff responsibilities for custody and disclosure. It also incorporates a human rights approach for vulnerable groups and a sanctions regime for non-compliance. The policy is mandatory for all PGR staff, repeals previous policies, and is grounded in the Framework Law on Access to Public Information and the Personal Data Protection Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105005.json", "html_url": "/legal/doc/norm-105005", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105005&strTipM=TC&nValor3=0" }, { "id": "norm-105008", "citation": "Reglamento municipal 308", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for in-person and virtual public hearings for the Liberia regulatory plan", "title_es": "Reglamento de la audiencia pública presencial y virtual del plan regulador de Liberia", "summary_en": "This municipal regulation establishes the procedure for holding public hearings, both in-person and virtual, as required by Article 17 of the Urban Planning Law during the preparation of the Liberia Regulatory Plan. It defines the guiding principles of publicity, citizen participation, accessibility, and inclusion, and details the mechanisms to ensure that the technological gap is not an obstacle, through live streaming and participation via chat. It regulates the call to the hearing, participant registration, the conduct of the session (project presentation, question-and-answer period), and post-hearing obligations, such as receiving extended observations up to eight business days after and the submission of a final report by the consulting team. Its purpose is to organize and make transparent citizen participation in the discussion phase of the regulatory plan, without addressing substantive environmental or other sectoral issues; it is a purely procedural norm of municipal competence.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/02/2024", "year": "2024", "json_url": "/data/legal/docs/norm-105008.json", "html_url": "/legal/doc/norm-105008", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105008&strTipM=TC&nValor3=0" }, { "id": "norm-105036", "citation": "Ley 10724", "section": "norms", "doc_type": "law", "title_en": "Law for women's access, use, and control of land", "title_es": "Ley para el acceso, uso y control de la tierra por parte de las mujeres", "summary_en": "Law 10724 aims to promote rural women's access to land and productive assets for sustainable activities, including low-carbon productive systems, conservation, and forestry. It reforms several laws: it guarantees at least 50% of beneficiaries are women in rural development policies and in the resources of INDER's Land Fund; prioritizes women's cooperatives and associations in collective land allocations; and allocates at least 8% of the agrarian stamp revenue to finance land distribution and regularization for women. The law declares measures to close gender gaps in land tenure to be of national interest, linking land access with technical assistance, credit, and marketing. It mandates gender-disaggregated data on land tenure and productive activities, and the inclusion of a gender perspective in national agricultural development plans. Regulations must be issued within six months of publication.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "13/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105036.json", "html_url": "/legal/doc/norm-105036", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105036&strTipM=TC&nValor3=0" }, { "id": "norm-105043", "citation": "Decreto 45138", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of CENIGA and Establishment of SINIA", "title_es": "Creación del CENIGA y establecimiento del SINIA", "summary_en": "Decree 45138-MINAE creates the National Center for Geo-Environmental Information (CENIGA) as the institutional authority attached to the Minister of Environment and Energy for environmental information management and dissemination. It establishes the National Environmental Information System (SINIA) as the official portal for national environmental statistics and geomatic data, under MINAE's responsibility and CENIGA's coordination. The decree defines CENIGA's organizational structure (director, coordinators for geomatics, environmental information management, strategic management and innovation, statistician, IT specialist, and administrative assistant) and its functions: consolidating structure, coordinating legal updates, strengthening resources, developing and disseminating methodologies, supporting environmental reports, advising, and handling queries. It regulates SINIA's operation through the National Environmental Information Network (RENIA), information nodes, and institutional technical liaisons. Mandatory adherence to CENIGA's technical standards is required for MINAE dependencies; funding mechanisms, agreements, and public-interest declaration are provided. Previous decrees on CENIGA and SINIA (29540-MINAE and 37658-MINAET) are repealed. Published information is of national interest; data officiality rests with the generating institution. The decree becomes effective upon publication in the Official Gazette (February 20, 2025).", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "20/02/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105043.json", "html_url": "/legal/doc/norm-105043", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105043&strTipM=TC&nValor3=0" }, { "id": "norm-105049", "citation": "Reglamento municipal 0 (Municipalidad de Esparza, 16/06/2025)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Regulation for the Comprehensive Management of Solid Waste of the Municipality of Esparza", "title_es": "Reforma al Reglamento para la Gestión Integral de Residuos Sólidos de la Municipalidad de Esparza", "summary_en": "The Municipal Council of Esparza, at its regular session on June 16, 2025, unanimously approved the amendment of Article 114 of the Regulation for the Comprehensive Management of Solid Waste of the Canton of Esparza. The reform establishes the methodology for charging the street sweeping service fee: it is charged based on the property value in areas where the service is provided. The fee will be calculated annually and collected in quarterly installments on overdue balances. Additionally, it specifies that the cost of final disposal of waste generated by this service is included within the tariff costs and must be transferred to the department responsible for waste management. This amendment aims to clarify and improve the efficiency of fee collection, linking it to property value and ensuring internal resource transfer.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/06/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105049.json", "html_url": "/legal/doc/norm-105049", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105049&strTipM=TC&nValor3=0" }, { "id": "norm-105066", "citation": "Resolución 0015", "section": "norms", "doc_type": "resolution", "title_en": "Arenal Volcano National Park General Management Plan 2025", "title_es": "Plan General de Manejo del Parque Nacional Volcán Arenal 2025", "summary_en": "Resolution R-SINAC-CONAC-0015-2025 approves the updated General Management Plan (GMP) for Arenal Volcano National Park (PNVA), developed through a participatory process with local and institutional stakeholders. The GMP establishes zoning of the protected area into six categories: zero intervention (78% of the park, maximum protection), low, medium, and high intervention, and direct and indirect influence zones. It defines four focal management elements: local puma population, mature forest, water as ecosystem support, and lava flows with tourism use. The plan adopts a collaborative and adaptive management model with five strategic lines: species and ecosystem management, administrative improvement, sustainable tourism, integrated landscape-scale management, and sustainable water management. The plan is valid for ten years, with project redesign at years 3 and 6. The resolution orders publication of the executive summary and full document on the SINAC website.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "forestry-law-7575" ], "date": "27/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105066.json", "html_url": "/legal/doc/norm-105066", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105066&strTipM=TC&nValor3=0" }, { "id": "norm-105069", "citation": "Decreto 45139", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Law on the Management of the Reventazón River Basin", "title_es": "Reglamento a la Ley de Ordenamiento y Manejo de la Cuenca del Río Reventazón", "summary_en": "This executive decree regulates Law No. 8023 (amended by Law No. 9067) for the integrated management of the Reventazón River basin. It establishes the organization and operation of the Commission for the Management of the Reventazón River Basin (COMCURE), defining its mission, vision, and the functions of its Board of Directors, including approving plans, budgets, and agreements, as well as declaring the suitability of organizations to receive funds. It regulates the appointment, requirements, impediments, and removal of the Basin Manager, and details the Management's functions in the formulation, execution, and monitoring of the Basin Management Plan. It also organizes the Basin Council, its composition, election of representatives, and powers, including recommending modifications to the plan and monitoring policies. Finally, it establishes the financing framework through public funds, donations, and trusts, subject to the Financial Administration Law and the Comptroller General of the Republic. It repeals the previous regulation (Decree 30331) and takes effect upon publication.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "21/04/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105069.json", "html_url": "/legal/doc/norm-105069", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105069&strTipM=TC&nValor3=0" }, { "id": "norm-105070", "citation": "Decreto 45141", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Law for Incentive for Marine-Coastal Biodiversity Protection", "title_es": "Reglamento a la Ley de Incentivo para la Protección de la Biodiversidad Marino-Costera", "summary_en": "This executive decree regulates Law No. 10507, which creates the Marine-Coastal Ecosystem Services Payment Fund. It establishes the fund's governance under the exclusive competence of MINAE and details the roles of FONAFIFO as administrator and FUNBAM as a collaborator in securing financing. It defines the activities eligible for financial recognition, including restoration of marine-coastal ecosystems, recovery of fishery biomass, surveillance, waste collection, and good agricultural practices. Payments will be formalized through contracts, requiring beneficiaries to be current with social security and tax obligations. A monitoring, reporting, and verification system is established, and a 24-month deadline is set to issue operational manuals for each activity. The regulation prioritizes projects with fisherfolk and shellfish-gatherer organizations, allowing direct allocation in certain cases.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "31/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105070.json", "html_url": "/legal/doc/norm-105070", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105070&strTipM=TC&nValor3=0" }, { "id": "norm-105071", "citation": "Decreto 45144", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Manuel Antonio National Park Trust", "title_es": "Reglamento al Fideicomiso del Parque Nacional Manuel Antonio", "summary_en": "This regulation implements Laws No. 8133 and No. 9885 regarding the creation and operation of the Trust for Manuel Antonio National Park and its buffer zone. It defines the composition of the Board of Directors (MINAE, SINAC, ICT, Municipality of Quepos, Chamber of Commerce, tourist guides, and environmental sector), its functions, sessions, quorum, voting, and appointment procedures. It details the distribution of trust resources: 30% for purchasing private lands within the park and strategic surrounding areas, 55% for park management goods and services, 10% for investments in the buffer zone proposed by the Municipality of Quepos (security, sustainable infrastructure, sanitation, accessibility, environmental education), 2.5% for monitoring and research, and 2.5% for administrative expenses. It establishes the Board as a maximum deconcentrated body of MINAE with instrumental legal personality. It repeals two previous regulations that lost legal effect with the 2020 legal reform.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "17/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105071.json", "html_url": "/legal/doc/norm-105071", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105071&strTipM=TC&nValor3=0" }, { "id": "norm-105085", "citation": "Decreto 10", "section": "norms", "doc_type": "regulation", "title_en": "Regulation on virtual and hybrid meetings for SENARA collegiate bodies", "title_es": "Reglamento para la realización de sesiones virtuales y mixtas de Órganos Colegiados del SENARA", "summary_en": "This regulation, approved by the Board of Directors of the National Groundwater, Irrigation, and Drainage Service (SENARA), establishes the rules for holding virtual or hybrid meetings of its collegiate bodies, in accordance with the amendment to the General Public Administration Law introduced by Law No. 10379. It defines virtual and hybrid meeting modalities, governing principles (collegiality, simultaneity, deliberation, and economy), and minimum technological requirements to ensure comprehensive real-time communication. It regulates procedural aspects such as electronic summons, quorum verification, interruptions due to connectivity failures, interaction rules, virtual voting procedures, and minute-taking. It also assigns the IT Management Unit the responsibility to provide technological infrastructure and training. The regulation took effect upon publication in the Official Gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/05/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105085.json", "html_url": "/legal/doc/norm-105085", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105085&strTipM=TC&nValor3=0" }, { "id": "norm-105130", "citation": "Ley 10740", "section": "norms", "doc_type": "law", "title_en": "Law Authorizing AyA to Forgive Cartago and Paraíso Municipalities’ Water Debt", "title_es": "Ley de Condonación Deuda AyA Municipalidades Cartago y Paraíso", "summary_en": "Law 10740, enacted in July 2025, empowers the Costa Rican Institute of Aqueducts and Sewers (AyA) to fully forgive the principal debt and interest owed by the Municipalities of Cartago and Paraíso for bulk raw water supply to the Cartago water treatment plant, covering the period 2017–2026. The law obliges AyA to install, within one year, individualized metering equipment to determine the cubic meters to be billed monthly. Until the meters are installed, the municipalities are exempt from paying the service. This is a specific, exceptional norm resolving an inter-agency debt, unrelated to environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105130.json", "html_url": "/legal/doc/norm-105130", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105130&strTipM=TC&nValor3=0" }, { "id": "norm-105131", "citation": "Ley 10752", "section": "norms", "doc_type": "law", "title_en": "Law 10752 — Loan Agreement 9546-CR", "title_es": "Ley 10752 — Contrato de Préstamo 9546-CR", "summary_en": "This law approves Loan Agreement 9546-CR between the Republic of Costa Rica and the International Bank for Reconstruction and Development (IBRD), for up to US$500 million, as the Third Development Policy Loan for Fiscal Management and Decarbonization. Ninety percent of the proceeds will be used exclusively for public debt service, replacing domestic financing sources, while the remaining 10% will be transferred to the Costa Rican Social Security Fund (CCSS) to repay state debts to that institution. The law mandates that the funds be incorporated into the national budget through extraordinary budgets approved by the Legislative Assembly, and prohibits using any resulting savings for new expenditures. It also exempts from taxes the documents required to formalize the financing, and classifies any diversion of funds as embezzlement of public funds under the Criminal Code and the Organic Law of the Comptroller General of the Republic.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/08/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105131.json", "html_url": "/legal/doc/norm-105131", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105131&strTipM=TC&nValor3=0" }, { "id": "norm-105132", "citation": "Ley 10752-A", "section": "norms", "doc_type": "law", "title_en": "Approval Law for IBRD Loan 9546 for Fiscal Management and Decarbonization", "title_es": "Ley de Aprobación del Préstamo BIRF 9546 para Gestión Fiscal y Descarbonización", "summary_en": "This law approves Loan Agreement 9546-CR between Costa Rica and the International Bank for Reconstruction and Development (IBRD) for US$500 million. The loan, called the Third Development Policy Loan for Fiscal Management and Decarbonization, finances a reform program that includes specific environmental and climate actions: expanding access to environmental service payments by clarifying land title requirements (Decrees 43649-MINAE2 and 43648-MINAE), promoting electric vehicles with temporary tax incentives (Law 10209 and Decree 43641), regulating green finance and thematic bonds (Law 10051 and SUGEVAL Regulation 20-22), and integrating distributed renewable energy (Law 20086). It also includes mapping and quantifying tax expenditures by climate impact and incorporating environmental protection as a strategic procurement objective. The contract incorporates the IBRD General Conditions for Development Policy Financing, with a single withdrawal tranche subject to Bank satisfaction on program implementation and adequate macroeconomic framework.", "primary_topic_id": null, "topic_ids": [], "date": "25/08/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105132.json", "html_url": "/legal/doc/norm-105132", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105132&strTipM=TC&nValor3=0" }, { "id": "norm-105153", "citation": "Decreto 19", "section": "norms", "doc_type": "regulation", "title_en": "Environmental Policy of the National Technical University", "title_es": "Política Ambiental de la Universidad Técnica Nacional", "summary_en": "The University Council of the National Technical University (UTN) approved an update to its Environmental Policy, establishing the institution's commitment to sustainability, climate action, and environmental justice. The policy mainstreams environmental and climate dimensions across teaching, research, and extension, promotes education for sustainability and circular economy, drives continuous improvement in environmental management toward sustainable campuses, and requires compliance with environmental legislation. Adopted on July 31, 2025, and published in Official Gazette No. 160 on August 28, 2025, this internal regulation aligns university operations with principles of inclusive sustainable development and ecosystem resilience. The full text is available on the UTN website. The policy consolidates the university's vision of environmental responsibility and provides a framework for future actions across all campuses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105153.json", "html_url": "/legal/doc/norm-105153", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105153&strTipM=TC&nValor3=0" }, { "id": "norm-105157", "citation": "Resolución 0022", "section": "norms", "doc_type": "resolution", "title_en": "Use of Forms for Selective Consumption Tax, Single Fuel-Type Tax, Alcoholic Beverages Tax, and Specific Tax on Non-Alcoholic Beverages and Toilet Soaps", "title_es": "Uso de formularios para impuesto selectivo de consumo, impuesto único por tipo combustible, impuesto sobre bebidas alcohólicas e impuesto específico a las bebidas sin alcohol y jabones de tocador", "summary_en": "This resolution by the Tax Administration Directorate establishes the new forms that withholding agents must use for self-assessment and payment of four taxes: selective consumption tax, single fuel-type tax, alcoholic beverages tax, and specific tax on non-alcoholic beverages and toilet soaps. The forms will be available exclusively through the Integrated Tax Management System TRIBU-CR, accessible from the Ministry of Finance website. Previous form references are repealed, and the effective date is set for October 6, 2025. The resolution also defines permitted payment mechanisms, including bank interconnection services and real-time debit, with the latter being mandatory for Large National Taxpayers. A transitional provision allows filing returns for periods prior to TRIBU-CR operation using the new forms through the same electronic medium. Assistance is provided for individuals facing a digital divide.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105157.json", "html_url": "/legal/doc/norm-105157", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105157&strTipM=TC&nValor3=0" }, { "id": "norm-105202", "citation": "Reglamento municipal 069", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Regulation for Integrated Solid Waste Management of the Central Canton of San José", "title_es": "Reforma al Reglamento para la Gestión Integral de Residuos Sólidos del Cantón Central de San José", "summary_en": "The Municipality of San José approves an amendment to its Regulation for Integrated Solid Waste Management, in force since May 2025. The changes correct formal errors in articles 27, 30, 43, 72, 77, 79, 137 and 145, including elimination of a duplicated subsection, addition of a reference to the Municipal Code, correction of verbs and department names, and incorporation of Executive Decree 44843-S on construction and demolition waste. Article 145 is expanded to enable collection of fines in accordance with the Law for Integrated Waste Management, the Organic Environmental Law, and the Municipal Code. The amendment was published in La Gaceta and subjected to a non-binding public consultation without receiving comments.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/08/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105202.json", "html_url": "/legal/doc/norm-105202", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105202&strTipM=TC&nValor3=0" }, { "id": "norm-105242", "citation": "Acuerdo 0084", "section": "norms", "doc_type": "agreement", "title_en": "2025 Fiscal Rule Growth Space Transfer to INCOPESCA", "title_es": "Cesión de espacio de Regla Fiscal al INCOPESCA 2025", "summary_en": "Agreement 0084 authorizes the Central Government to transfer fiscal space under the Fiscal Rule to the Costa Rican Institute of Fishing and Aquaculture (INCOPESCA) for 400 million colones in fiscal year 2025. The transfer allows INCOPESCA to budget and utilize free surplus from prior periods to finance exceptional capital expenditures for marine and land equipment, user service infrastructure improvements, and technological upgrades. The measure is based on Article 26 of Executive Decree 41641-H, which permits the Central Government to cede part of its growth space to decentralized entities of the Non-Financial Public Sector to meet exceptional spending needs. The agreement does not involve a transfer of central government funds, only authorization for INCOPESCA to exceed its Fiscal Rule spending limit by that amount. The National Budget Directorate must record the ceded space and ensure compliance with fiscal limits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/08/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105242.json", "html_url": "/legal/doc/norm-105242", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105242&strTipM=TC&nValor3=0" }, { "id": "norm-105283", "citation": "Resolución 0040", "section": "norms", "doc_type": "resolution", "title_en": "Update to the General Management Plan of Juan Castro Blanco Water National Park", "title_es": "Actualización del Plan General de Manejo del Parque Nacional del Agua Juan Castro Blanco", "summary_en": "This resolution by the National Council of Conservation Areas (CONAC) approves the updated General Management Plan (PGM) for Juan Castro Blanco Water National Park (PNAJCB), a technical instrument guiding the protected area's management toward long-term conservation of its natural values, such as forests, focal species (jaguar, puma, vibicaria frog) and water resources. The document describes the participatory update process, the focal management elements, and establishes detailed internal and external zoning with maximum alteration thresholds and specific guidelines for each zone based on its intervention level. In null and low intervention zones, human activities are severely restricted; in medium and high intervention zones, ecotourism and operational infrastructure is allowed under controlled conditions. The management model is based on collaborative and adaptive approaches, engaging local and institutional actors through five strategic lines covering sustainable tourism, species and ecosystem conservation, institutional strengthening, environmental communication and education, and integrated management of water resources and the watershed.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "04/09/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105283.json", "html_url": "/legal/doc/norm-105283", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105283&strTipM=TC&nValor3=0" }, { "id": "norm-105300", "citation": "Acuerdo 183", "section": "norms", "doc_type": "agreement", "title_en": "Amendment of the list of aquacultural species of interest", "title_es": "Reforma de la lista de especies de interés acuícola", "summary_en": "INCOPESCA Agreement AJDIP/183-2025 amends the list of aquaculture species of interest contained in Table No. 5 of Agreement AJDIP-289-2017, renaming it “List of species of aquacultural interest for consumption and commercialization.” Based on Pronouncement No. 01-2024 of the Technical Scientific Coordination Commission, the Board approved a new classification of 184 species into four categories: no objection, with restriction, requires further studies, and unsuitable. The classification aims to regulate and control aquaculture activities in continental, coastal, and ocean waters, incorporating criteria from government agencies, universities, NGOs, and private companies. Restrictions apply to exotic species or those with impact potential, requiring cultivation in closed systems, and species needing additional permits or research are identified. The agreement enters into force upon publication in La Gaceta.", "primary_topic_id": null, "topic_ids": [], "date": "18/09/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105300.json", "html_url": "/legal/doc/norm-105300", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105300&strTipM=TC&nValor3=0" }, { "id": "norm-105331", "citation": "Decreto 45194", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Regulation of Nurseries, Seedbeds, Seed Banks, and Bud Banks", "title_es": "Reforma al Reglamento de Viveros, Almácigos, Semilleros y Bancos de Yemas", "summary_en": "This decree repeals article 14 of Executive Decree No. 33927-MAG, which allowed certain establishments that sell plant propagation material—but are not themselves dedicated to reproduction—to be exempt from mandatory registration. The repeal removes that exception for being contrary to article 22 of the Plant Protection Law No. 7664, which compels phytosanitary control over all laboratories, seedbeds, nurseries, and professional propagation-material vendors. The Executive bases the measure on normative hierarchy and the principle of legality, concluding that regulations may not create exemptions not set forth in a statute. It thus safeguards plant health by preventing the spread of pests through uninspected reproductive material.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/06/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105331.json", "html_url": "/legal/doc/norm-105331", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105331&strTipM=TC&nValor3=0" }, { "id": "norm-105426", "citation": "Resolución 570", "section": "norms", "doc_type": "resolution", "title_en": "Expenditure limit and payment rates for the 2025-2026 PES Program", "title_es": "Límite de gasto y montos para el Pago por Servicios Ambientales 2025-2026", "summary_en": "This ministerial resolution sets the expenditure limit for the National Forestry Financing Fund (FONAFIFO) for the Payment for Environmental Services (PES) Program in the 2025-2026 period, based on a budget of ₡10,951,682,406. It specifies the activities to be funded: Forest Cover Recovery (reforestation with fast- and medium-growth species, agroforestry systems, natural regeneration) and Forest Cover Maintenance (Forest Protection). It establishes per-hectare or per-tree payment rates according to activity and species, including a base payment for greenhouse gas mitigation and biodiversity, plus additional amounts for water resource protection or high biodiversity conservation. It defines contract terms, general and special conditions for each modality, minimum growth benchmarks, and the schedule of annual payments.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "01/10/2024", "year": "2024", "json_url": "/data/legal/docs/norm-105426.json", "html_url": "/legal/doc/norm-105426", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105426&strTipM=TC&nValor3=0" }, { "id": "norm-105444", "citation": "Resolución 0048", "section": "norms", "doc_type": "resolution", "title_en": "Tariff schedule for fast-charging stations for electric vehicles", "title_es": "Fijación tarifaria para centros de recarga rápida de vehículos eléctricos", "summary_en": "Resolution 0048-2025 of the Public Services Regulatory Authority (ARESEP) sets the maximum tariffs for fast-charging stations for electric vehicles (T-VE) based on usage time, pursuant to Executive Decree No. 41642-MINAE. The regulation establishes per‑minute maximum prices that fast‑charging station operators may charge, differentiating by charger power and current type. It also defines recognized cost components and service conditions. While primarily an energy and transportation tariff regulation, it is indirectly linked to national environmental policy by promoting electric mobility as a means to reduce polluting emissions and improve air quality, within the framework of the energy transition set out in Decree 41642-MINAE.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105444.json", "html_url": "/legal/doc/norm-105444", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105444&strTipM=TC&nValor3=0" }, { "id": "norm-105456", "citation": "Decreto 45187", "section": "norms", "doc_type": "executive_decree", "title_en": "Revocation of public utility declaration for the ASADA of Cot de Oreamuno", "title_es": "Derogatoria de la declaratoria de utilidad pública de la ASADA de Cot de Oreamuno", "summary_en": "This executive decree revokes the public utility declaration previously granted to the Administrative Association of the Cot de Oreamuno Aqueduct (ASADA de Cot), following the association's express resignation submitted to the Ministry of Justice and Peace. The measure is based on Article 32 of the Associations Law, which empowers the Executive Branch to revoke such benefit if the reasons for its granting cease. The association, registered since 2004, had been declared of public utility by Executive Decree No. 36120-J in 2010, and its resignation was formally communicated in November 2024. The decree instructs notification to the Associations Registry for annotation, as well as to the Ministry of Finance and the National Property Registry for corresponding actions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/06/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105456.json", "html_url": "/legal/doc/norm-105456", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105456&strTipM=TC&nValor3=0" }, { "id": "norm-105473", "citation": "Decreto 45232", "section": "norms", "doc_type": "executive_decree", "title_en": "Beekeeping Law Regulation", "title_es": "Reglamento a la Ley de Apicultura", "summary_en": "This executive decree regulates Law No. 9929, which declares beekeeping a matter of public interest. It establishes state measures to promote beekeeping, including best practices for bee conservation, training for producers, execution of environmental and production programs, and public awareness campaigns. It defines key concepts such as wild bees, ornamental exotic bees, authorized apiaries, and specific emergency situations. It delineates inter-institutional competencies: SENASA issues the Veterinary Operation Certificate for apiaries and manages swarms only for epidemiological reasons; the Fire Department responds to emergencies threatening human or animal life; MINAE manages biodiversity and conservation of native wild bees; and the Agricultural Extension Directorate trains beekeepers. It regulates the handling of passing swarms, protecting them for 72 hours if they pose no imminent threat. It encourages the commemoration of National Bee Day on May 20.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "16/09/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105473.json", "html_url": "/legal/doc/norm-105473", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105473&strTipM=TC&nValor3=0" }, { "id": "norm-105480", "citation": "Decreto 45179", "section": "norms", "doc_type": "executive_decree", "title_en": "Accession to MARPOL 73/78", "title_es": "Adhesión al Convenio MARPOL 73/78", "summary_en": "This executive decree formalizes Costa Rica's accession to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997 (MARPOL 73/78), including its annexes and amendments. Accession was previously approved by the Legislative Assembly through Law No. 10738 of July 4, 2025. The decree provides that the Convention will enter into force for Costa Rica three months after the deposit of the instrument of accession, in accordance with the treaty itself. By this action, the country commits to implementing measures to prevent marine pollution by oil, noxious liquid substances, sewage, garbage, and air emissions from ships, aligning with international standards for marine environmental protection and navigation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/08/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105480.json", "html_url": "/legal/doc/norm-105480", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105480&strTipM=TC&nValor3=0" }, { "id": "norm-105484", "citation": "Ley 10772", "section": "norms", "doc_type": "law", "title_en": "Law approving AFD loan for agri‑environmental policy", "title_es": "Ley de aprobación del préstamo AFD para política agroambiental", "summary_en": "This law approves the loan contract between Costa Rica and the French Development Agency (AFD) for 100 million euros, to finance budget support for the program \"Implementation of agri‑environmental policy and the sustainable agro‑landscapes initiative\". The program aims to integrate the country's agricultural and environmental policies, focusing on reducing agrochemicals, lowering carbon emissions, achieving zero deforestation, and restoring terrestrial, coastal and marine ecosystems. The law incorporates these resources into the national budget through extraordinary budgets, establishes cash‑unity administration of the loan, exempts the contract formalization from taxes, and provides that generated savings must be eliminated from the budget. The contract includes conditions precedent, environmental and social commitments, and a complaint mechanism.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105484.json", "html_url": "/legal/doc/norm-105484", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105484&strTipM=TC&nValor3=0" }, { "id": "norm-105499", "citation": "Reglamento municipal 33", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Goicoechea Municipal Regulation for Administration, Use and Operation of Communal Properties", "title_es": "Reglamento de administración, uso y funcionamiento de bienes comunales de Goicoechea", "summary_en": "The Goicoechea Municipal Regulation for Administration, Use and Operation of Communal Properties, Sports Facilities, and Public Parks provides the legal framework for granting administration of municipal public-use properties to non-profit social organizations, such as community development associations. It establishes requirements, selection procedures, formalization through agreements, obligations, grounds for termination, and deadlines. It regulates the use of community halls, sports and recreational facilities, and parks and green areas, including prohibitions, fees, maintenance, and environmental protection, with emphasis on banning alcohol and tobacco sales and requiring a recycling project. It repeals prior regulations and sets a transitional regime for existing contracts and tariff definitions.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "16/08/2022", "year": "2022", "json_url": "/data/legal/docs/norm-105499.json", "html_url": "/legal/doc/norm-105499", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105499&strTipM=TC&nValor3=0" }, { "id": "norm-105533", "citation": "Reglamento municipal 73", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Montes de Oca Parks and Public Spaces Regulation", "title_es": "Reglamento de Parques y Espacios Públicos de Montes de Oca", "summary_en": "This municipal regulation governs the use, maintenance, and protection of parks and public spaces in Montes de Oca canton, including infrastructure, flora, fauna, and urban furniture. It outlines the Municipality's duties regarding safety, cleaning, pruning, and repairs; users' rights to leisure, safe recreation, and access to basic services; and a list of prohibitions such as damaging vegetation, alcohol consumption, overnight stays, motor vehicle parking, and vandalism. It authorizes delegated administration through agreements with neighborhood groups and requires municipal permission for events, respecting permitted uses (recreational, cultural, environmental) while protecting the tidiness and safety of public spaces.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "22/09/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105533.json", "html_url": "/legal/doc/norm-105533", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105533&strTipM=TC&nValor3=0" }, { "id": "norm-105536", "citation": "Resolución 0086", "section": "norms", "doc_type": "resolution", "title_en": "General Management Plan of the Bicentennial Marine Management Area", "title_es": "Plan General de Manejo del Área Marina de Manejo del Bicentenario", "summary_en": "Resolution SINAC-ACMC-DR-RES-0086-2025 validates and approves the General Management Plan (PGM) for the Bicentennial Marine Management Area (AMMB), a new marine protected area established by Executive Decree No. 43368 of 2022. The PGM serves as the technical and planning instrument defining zoning, conservation objectives, focal management elements (sustainable fisheries, seamounts, and pelagic ecosystems), and the management model to ensure sustainable use and protection of marine biodiversity in this Costa Rican Pacific zone. The resolution details that the plan's development was participatory, followed SINAC's official guide, and received approval from the ACMC Regional Council. It establishes management zones (buffer, sustainable use, minimal intervention, and no-take) and action programs covering strategic coordination, enforcement, research, sustainable fisheries, and communication. The resolution instructs that it be elevated to the National Council of Conservation Areas for final official validation.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "biological-corridors" ], "date": "06/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105536.json", "html_url": "/legal/doc/norm-105536", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105536&strTipM=TC&nValor3=0" }, { "id": "norm-105537", "citation": "Decreto 45197", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform to temporary assistance for cyclical poverty in the fishing sector due to closures", "title_es": "Reforma a la ayuda temporal por pobreza coyuntural en el sector pesquero por vedas", "summary_en": "This Executive Decree No. 45197-MAG-MDHIS-SP partially reforms Executive Decree No. 36043-MAG-SP-MS, which establishes permanent regulations for the implementation of temporary economic assistance for fishers and their helpers affected by fishery closures (vedas). The reform amends articles 2, 3, 4, 6, 9, 10, and 13, and repeals original articles 5 and 12. Key changes include: defining the recognition of assistance by IMAS upon adherence to the decree's regulations; accreditation of affected fishers by INCOPESCA to IMAS; capping the monthly assistance at 40% of the minimum wage for unskilled workers; requiring beneficiaries to participate in a community work service program; declaring cyclical poverty status for those with a valid fishing license whose per capita income falls to or below the poverty line; verification procedures through SINIRUBE; and consequences for violating the closure or misrepresenting poverty status. The reform aims to ensure effective compliance with fishery closures as a measure to protect hydrobiological resources while mitigating the socioeconomic impact on artisanal fishers.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "16/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105537.json", "html_url": "/legal/doc/norm-105537", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105537&strTipM=TC&nValor3=0" }, { "id": "norm-105541", "citation": "Decreto 45244", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Article 93 of the Phytosanitary Protection Regulation", "title_es": "Reforma al Artículo 93 del Reglamento de Protección Fitosanitaria", "summary_en": "This decree amends Article 93 of the Regulation to the Phytosanitary Protection Law (Executive Decree No. 26921-MAG). The amendment establishes that all application equipment used for chemical, biological, or biochemical substances in agriculture must be registered with the Department of Agrochemicals, Biological Control, and Application Equipment of the State Phytosanitary Service (SFE). Applicants must only submit the equipment manual for registration. The reform aims to ensure quality standards, protect human health and the environment, and comply with the Law for Protection of Citizens from Excessive Administrative Requirements (Law 8220), ensuring requirements are published in the official gazette. The decree does not create or modify procedures, thus did not require regulatory improvement processing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/09/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105541.json", "html_url": "/legal/doc/norm-105541", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105541&strTipM=TC&nValor3=0" }, { "id": "norm-105552", "citation": "Reglamento municipal 0 (Municipalidad de Puriscal, 24/10/2025)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Integrated Solid Waste Management Regulation", "title_es": "Reglamento para la gestión integral de los residuos sólidos", "summary_en": "This municipal regulation from Puriscal establishes the complete legal framework for integrated solid waste management in the canton, in accordance with Law 8839. It defines objectives, municipal competencies, obligations of generators (household, commercial, industrial, and large generators), and a waste classification system (recyclable, organic, hazardous, special, among others). It regulates selective collection, recovery centers, domestic and community composting, and strict prohibitions such as burning or burying waste. It establishes a regime of minor, serious, and very serious infractions with sanctions including fines, suspension of permits, and cessation of activities, as well as protective measures. It incorporates citizen participation and the Municipal Plan for Integrated Solid Waste Management (PMGIRS) as a local planning tool.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105552.json", "html_url": "/legal/doc/norm-105552", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105552&strTipM=TC&nValor3=0" }, { "id": "norm-105575", "citation": "Directriz 012", "section": "norms", "doc_type": "directive", "title_en": "Global salaries for Environmental Administrative Tribunal judges", "title_es": "Salarios globales para juez del Tribunal Ambiental Administrativo", "summary_en": "This ministerial directive sets the global salary for the position of Judge of the Environmental Administrative Tribunal (TAA) within the Ministry of Environment and Energy (MINAE). Issued by the Minister of National Planning and Economic Policy (MIDEPLAN), it instructs the application of a single salary amount —replacing the previous composite salary scheme— for newly hired or transitioning personnel under the Public Employment Framework Law (Law 10159). The measure is based on MIDEPLAN's authority over public employment and the mandate to adopt global salaries for all new public-sector hires. The amount is published on MIDEPLAN's website and takes effect upon official publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105575.json", "html_url": "/legal/doc/norm-105575", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105575&strTipM=TC&nValor3=0" }, { "id": "norm-105587", "citation": "Reglamento municipal 11", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Zoning Regulation for the Integral Regulatory Plan of Playa Hermosa - El Coco - Bahía Azul", "title_es": "Reglamento de Zonificación del Plan Regulador Integral Playa Hermosa - El Coco - Bahía Azul", "summary_en": "This Zoning Regulation of the Municipality of Carrillo comprehensively reforms the Integral Regulatory Plan of Playa Hermosa, El Coco, and Bahía Azul to align with the ICT's Manual of Coastal Regulatory Plans. It defines and regulates various land use zones within the Maritime Terrestrial Zone and adjacent areas: Public Zone (50 m strip for free public use), Protection Zone (areas for ecological, archaeological, and risk protection), Nucleus Areas for Tourist Attractions (basic services and commerce), Planned Areas for Low- and High-Density Tourist Development (lodging with ICT tourism declaration), Mixed Tourism-Community Zones (integrating local housing with tourism), Community Nucleus Areas (public facilities), Community Residential Areas, Artisanal Fishermen's Base (collection centers and docking), Cooperative Areas (non-profit social tourism), and Roadways. It sets specific parameters per zone: minimum and maximum lot sizes, maximum coverage, density, height, and setbacks (mostly referencing Art. 65 of the Law 6043 Regulation). It requires SETENA environmental viability and municipal licensing for uses in protection zones. Existing concessions are grandfathered until expiration, after which the new regulation applies. It includes sanctions for violations, including suspension of works and civil/penal liability. It was approved with the environmental variable by SETENA (Res. 328-2010-SETENA), by ICT and INVU.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "15/03/2024", "year": "2024", "json_url": "/data/legal/docs/norm-105587.json", "html_url": "/legal/doc/norm-105587", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105587&strTipM=TC&nValor3=0" }, { "id": "norm-105598", "citation": "Decreto 45240", "section": "norms", "doc_type": "executive_decree", "title_en": "National Convenience Declaration for El Gavilán Universal Trail", "title_es": "Declaratoria de Conveniencia Nacional Sendero Universal El Gavilán", "summary_en": "Executive Decree No. 45240-MINAE declares the construction of the El Gavilán Universal Trail in the Cuatro Esquinas sector of Tortuguero National Park, Limón, to be of national convenience. This declaration authorizes the cutting of trees in forested areas and in protection zones defined in Article 33 of Forestry Law No. 7575, activities normally prohibited. The justification is that the project's social benefits outweigh its socio-environmental costs, as confirmed by technical analyses from SINAC and validated by SETENA. The project, consisting of an elevated trail with bays and viewpoints, aims to strengthen public-use infrastructure and promote universal access in one of the country's most visited protected areas, boosting the local nature-based tourism economy. SINAC must comply with the approved environmental measures, including the Environmental Management Plan and corresponding compensations.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "28/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105598.json", "html_url": "/legal/doc/norm-105598", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105598&strTipM=TC&nValor3=0" }, { "id": "norm-105605", "citation": "Decreto 45214", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Condominium Property Law", "title_es": "Reglamento a la Ley Reguladora de la Propiedad en Condominio", "summary_en": "This executive decree is a comprehensive reform of the Regulation to the Condominium Property Law (Law 7933). It establishes detailed rules for the constitution, registration, operation, and termination of properties under the condominium regime. It defines multiple condominium categories (horizontal, vertical, mixed, lots, condohotels, concession-based, and marina/tourist berths) and their specific technical requirements, including construction plans, distribution tables, setbacks, common areas, density, parking, and public utility systems. It regulates matters such as condominium assemblies, administration regulations, condo fees, and de-conversion procedures. The norm repeals the previous regulation (Decree 32303) and incorporates updated provisions on electric vehicles, surveillance systems, and wastewater treatment. While it mentions the Forestry Law and water body setbacks, it focuses on urban planning and condominium ownership aspects.", "primary_topic_id": null, "topic_ids": [], "date": "07/08/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105605.json", "html_url": "/legal/doc/norm-105605", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105605&strTipM=TC&nValor3=0" }, { "id": "norm-105618", "citation": "Acuerdo 0 (Instituto Costarricense de Turismo, 03/11/2025)", "section": "norms", "doc_type": "agreement", "title_en": "Technical Instrument for Qualifying Condominium Plans in Tourist Marinas and Docks", "title_es": "Instrumento Técnico de Calificación de Planos de Condominios en Marinas y Atracaderos Turísticos", "summary_en": "This Costa Rican Tourism Board (ICT) resolution approves a technical instrument regulating the review and approval process for plans to submit tourist marina and dock concessions to the condominium property regime, under Laws 7744 and 7933. It details the documentary and technical requirements for site plan, distribution, and dock plans, including table formats, symbology, and regulatory references. It establishes a prior authorization procedure before the Interinstitutional Commission of Marinas and Tourist Docks (CIMAT), with a 20-business-day deadline, and coordinates participation of institutions like CFIA, INVU, Ministry of Health, AyA, and Fire Department through the digital APC platform. It defines the subsequent process for plan approval, construction permits, notarial protocolization, and registry inscription of the condominium, ensuring projects comply with approved technical viability and current regulatory plans.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105618.json", "html_url": "/legal/doc/norm-105618", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105618&strTipM=TC&nValor3=0" }, { "id": "norm-105622", "citation": "Resolución 00055", "section": "norms", "doc_type": "resolution", "title_en": "Sanitary Inspection Frequency in Animal-Origin Food Establishments", "title_es": "Frecuencia de inspección sanitaria en establecimientos de alimentos de origen animal", "summary_en": "This resolution establishes the inspection frequency by competent professionals in establishments listed in Annex A of Executive Decree No. 44394-MAG, excluding slaughterhouses. Frequencies are determined based on food type and establishment size under a risk-based approach: food risk (based on product nature and public health impact) and establishment risk (based on production volume). It sets daily, weekly, biweekly, and monthly frequencies for dairy, fishery, aquaculture, and meat products. In establishments producing multiple products simultaneously, the strictest frequency applies. Violations may be sanctioned under Law No. 8495, without prejudice to sanitary measures and civil, professional, or criminal liability. The resolution becomes effective upon publication in La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105622.json", "html_url": "/legal/doc/norm-105622", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105622&strTipM=TC&nValor3=0" }, { "id": "norm-105627", "citation": "Reglamento municipal 076", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulatory Plan of the Canton of Escazú", "title_es": "Plan Regulador del Cantón de Escazú", "summary_en": "The Escazú Regulatory Plan is a comprehensive municipal regulation that orders the canton's territory through land-use zoning, road regulations, outdoor advertising control, and construction standards. It establishes residential, commercial, industrial, and environmental protection zones, including the Escazú Hills Protection Zone and water source protection areas. It defines requirements for frontage, area, height, coverage, setbacks, and densities. It incorporates an Environmental Fragility Index (IFA) system to guide land occupation based on geological and hydrological constraints. It includes incentives for conservation and urban renewal, such as flexible requirements for vertical projects in San Rafael. It details procedures for construction permits, earthworks, and environmental impact assessment, referring to SETENA viability. It is mandatory for the entire canton, supplemented by national and regional norms.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575" ], "date": "14/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105627.json", "html_url": "/legal/doc/norm-105627", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105627&strTipM=TC&nValor3=0" }, { "id": "norm-105639", "citation": "Reglamento municipal 41", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation of the Concession Fee for the Maritime Zone in Playa San Miguel", "title_es": "Reglamento del canon por concesión en Zona Marítimo Terrestre de Playa San Miguel", "summary_en": "This municipal regulation sets the percentages for calculating the annual fee payable by concessionaires and permit holders in the Maritime Zone (Zona Marítimo Terrestre) of Playa San Miguel, Nandayure. It forms an integral part of the Playa San Miguel Regulatory Plan, in accordance with Article 49 of the Maritime Zone Law Regulations. Differentiated rates are defined by land use: tourist accommodation 1.50%, residential 1.25%, tourist or recreational residential 1.50%, commercial/industrial/mining/extractive 1.75%, and institutional zone 1.50%. For low-income local residents using the concession exclusively for housing, the fee is reduced to 0.25% of the appraisal value. The fee is charged annually, but the percentages only apply to final appraisals made after the regulation’s publication, and may be adjusted when homogeneous zone values change. Late payment incurs interest and potential sanction of concession expiration under the law. In essence, it is a local fiscal-administrative tariff rule without substantive environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105639.json", "html_url": "/legal/doc/norm-105639", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105639&strTipM=TC&nValor3=0" }, { "id": "norm-105642", "citation": "Reglamento municipal 075", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to Article 11 — Use Permits in the Nicoya Maritime Zone", "title_es": "Reforma al Artículo 11 — Permisos de Uso en Zona Marítimo Terrestre de Nicoya", "summary_en": "The Nicoya Municipal Council amended Article 11 of the Regulation for granting use permits in the canton's maritime zone. The amendment establishes that use permits will be granted for a term of five years, renewable for equal periods, with a total limit of extensions of fifteen years. It also includes a provision allowing the permit to remain in force at the request of the interested party until the coastal regulatory plan for the area is approved. The modification underwent a non-binding public consultation and was definitively approved by the Municipal Council in October 2025, effective upon its publication in the Official Gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105642.json", "html_url": "/legal/doc/norm-105642", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105642&strTipM=TC&nValor3=0" }, { "id": "norm-105647", "citation": "Reglamento municipal 122-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation on Administration, Use and Operation of Communal, Sports and Public Parks Property and Facilities", "title_es": "Reglamento de administración, uso y funcionamiento de inmuebles e instalaciones comunales, deportivas y parques públicos", "summary_en": "This Puntarenas municipal regulation governs the temporary transfer of administration of public real estate (community halls, parks, green areas, sports facilities) to non-profit organizations and public entities. It establishes that such assets are inalienable and imprescriptible and can only be administered by legal entities. It sets forth requirements for applying for administration (legal status, administration plan, inventories, annual reports), the selection procedure by the Municipal Council with a committee's recommendation, and the minimum content of the administration agreement. The maximum term is three years, renewable; exceptionally and with Council approval, agreements of up to 50 years may be entered into in justified cases given the nature of the project. It details the obligations of the administering organizations: drafting and executing maintenance and improvement plans, paying for public utilities, submitting annual performance reports, securing civil liability policies, and allowing municipal inspections. It regulates the charging of rental fees – with annual minimum and maximum amounts set by the Council –, prohibits sub-delegation of the administration to third parties, and restricts for-profit events. Regarding parks and green areas, it establishes rules for public use, opening hours, care of vegetation and wildlife, pet management, and prohibits the consumption of alcohol and illicit substances. There are provisions on infractions, referencing national laws on waste, alcohol, tobacco, and animal welfare. Finally, it contains transitional provisions on existing agreements, a municipal property census, and interim tariffs. The Municipality exempts itself from liability for damages to third parties arising from the use and administration of the ceded assets. In essence, it is a comprehensive framework for the decentralized management of communal spaces, with a strong emphasis on municipal oversight. It does not address substantive environmental issues, being a purely administrative and organizational instrument of ordinary municipal jurisdiction.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105647.json", "html_url": "/legal/doc/norm-105647", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105647&strTipM=TC&nValor3=0" }, { "id": "norm-105652", "citation": "Decreto 45238", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Technical Advisory Commission on the ENSO Phenomenon", "title_es": "Creación de la Comisión Técnica Consultiva del Fenómeno ENOS", "summary_en": "This executive decree creates the Technical Advisory Commission on the ENSO Phenomenon (COENOS) as a ministerial technical-advisory body under the Ministry of Environment and Energy, to address the El Niño-Southern Oscillation (ENSO) climate phenomenon and related climatic events. The commission is composed of representatives from ten public institutions, including the National Meteorological Institute (IMN) as coordinator, the Ministry of Agriculture, ICE, and the National Emergency Commission. Its objectives are to promote interinstitutional generation and use of climate information, improve data quality, establish coordination mechanisms, and facilitate access to such information for all sectors. Functions include advising state agencies, recommending programs, strengthening technical capacities, proposing planning mechanisms, and coordinating a National Information System on ENSO. The decree repeals the previous decree and takes effect upon publication.", "primary_topic_id": null, "topic_ids": [], "date": "28/07/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105652.json", "html_url": "/legal/doc/norm-105652", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105652&strTipM=TC&nValor3=0" }, { "id": "norm-105658", "citation": "Decreto 45282", "section": "norms", "doc_type": "executive_decree", "title_en": "Organic Regulation of the Ministry of Agriculture and Livestock", "title_es": "Reglamento Orgánico del Ministerio de Agricultura y Ganadería", "summary_en": "Executive Decree 45282-MAG repeals the previous MAG Organic Regulation (Decree 40863) and establishes a new organizational and functional structure for the Ministry of Agriculture and Livestock. The regulation defines the ministry's political, directive, and operational levels, detailing the competencies of the Ministerial Office and its decentralized bodies (SFE, SENASA, INTA). It creates and reorganizes advisory bodies and departments such as the Legal Advisory Office, Institutional Planning, International Cooperation, the Executive Secretariat for Agricultural Sector Planning (SEPSA), and the National Directorate for Agricultural Extension (DNEA). It incorporates changes approved by MIDEPLAN to strengthen institutional management, unify criteria, and improve services to the agricultural sector. It includes provisions on the Service Comptroller's Office, the Communication Unit, the Information Technology Department, the General Secretariat and Administrative-Financial Directorate, and the departments of Human Resources Management, Finance, Procurement, and General Services. The reform aims to improve sector competitiveness, strengthen food security, and promote sustainable development in rural areas.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/09/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105658.json", "html_url": "/legal/doc/norm-105658", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105658&strTipM=TC&nValor3=0" }, { "id": "norm-105664", "citation": "Resolución 0059", "section": "norms", "doc_type": "resolution", "title_en": "Setting promotional tariff T-BE for electric bus charging", "title_es": "Fijación tarifa promocional T-BE para recarga de autobuses eléctricos", "summary_en": "The Public Services Regulatory Authority (ARESEP) updates the promotional tariff T-BE for electric bus depot charging stations. The tariff is set at ¢41.95 per kWh, a decrease of 10.92 colones (20.7%) from the previous rate. The measure is based on Law 9518 on Incentives and Promotion for Electric Transport, the National Decarbonization Plan 2018-2050, and the National Electric Transport Plan 2018-2030. The calculation uses nighttime medium-voltage tariffs without variable generation cost (CVG), a 42% utilization factor based on 10 hours of daily charging, and a weighting factor by concession area based on bus route kilometers. The tariff will be reviewed in two years based on statistical implementation data. Two public comments supported the update, though they highlighted the need for better data collection and consideration of time-differentiated rates. The resolution aims to incentivize electric bus adoption and align with public transport decarbonization goals.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105664.json", "html_url": "/legal/doc/norm-105664", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105664&strTipM=TC&nValor3=0" }, { "id": "norm-105681", "citation": "Decreto 45294", "section": "norms", "doc_type": "executive_decree", "title_en": "Distributed Energy Resources Regulation for Free Zones", "title_es": "Reglamento de Recursos Energéticos Distribuidos para Zonas Francas", "summary_en": "Executive Decree 45294 regulates Article 16 bis of Law 7210, enabling free zone companies and free zone park administrators to install distributed energy resource (DER) systems for self-consumption. It establishes technical requirements, authorization procedures before the Technical Secretariat of the National Free Zone Council, and rules for net metering and settlement of surplus energy with electricity distribution companies. The regulation details the steps, deadlines, and documents needed to obtain authorization, operate the systems, and connect surplus energy to the grid, including interconnection contracts and reporting on exported energy. Its goal is to increase the sector's competitiveness through energy efficiency and the use of renewable sources within free zone parks, optimizing operational costs without altering the general tariff regime.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105681.json", "html_url": "/legal/doc/norm-105681", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105681&strTipM=TC&nValor3=0" }, { "id": "norm-105683", "citation": "Resolución 615", "section": "norms", "doc_type": "resolution", "title_en": "Operational Manual for the Payment for Marine-Coastal Ecosystem Services Program in Mangrove Forests", "title_es": "Manual Operativo del Programa de Pago por Servicios Ecosistémicos Marino Costeros en Bosques de Mangle", "summary_en": "This operational manual establishes procedures for the Payment for Marine-Coastal Ecosystem Services Program in Mangrove Forests, issued by MINAE. It regulates entry, beneficiary selection, obligations, grounds for non-compliance, and distribution of payments for associations of mollusk harvesters engaged in sustainable harvesting, breeding, repopulation, surveillance, and monitoring in mangroves of the Costa Rican Pacific. Payments are recognized per participant and disbursed quarterly upon verification of compliance. It defines the supervision structure led by SINAC, INCOPESCA, and a Biologist Manager, and establishes an inter-institutional coordination body. The program is funded by the Payment for Marine-Coastal Ecosystem Services Fund created by Law No. 10507.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "biodiversity-law-7788", "forestry-law-7575" ], "date": "24/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105683.json", "html_url": "/legal/doc/norm-105683", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105683&strTipM=TC&nValor3=0" }, { "id": "norm-105692", "citation": "Reglamento municipal 39", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Public Services Regulation — Integrated Waste Management in Acosta", "title_es": "Reforma al Reglamento de Servicios Públicos — Gestión Integral de Residuos en Acosta", "summary_en": "This document contains the amendment approved by the Municipality of Acosta to its public services regulation, specifically regarding integrated waste management. The amendment introduces a new Article 107 bis, which establishes that street cleaning service routes shall be defined annually through a technical-financial study (tariff study), considering factors such as primary roads and population density. It also modifies Article 110 to detail the formula for calculating the service fee, which incorporates the effective cost, a 10% profit for service development, 10% for administrative expenses, and an additional 5% allocated to municipal animal health services, all prorated according to property value. The amendment includes transitional provisions establishing its effective date as January 1, 2025, and allowing taxpayers with debts predating 2024 to enter into a payment arrangement of up to 24 months. The norm does not directly address substantive environmental issues beyond referencing waste management as a municipal public service.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105692.json", "html_url": "/legal/doc/norm-105692", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105692&strTipM=TC&nValor3=0" }, { "id": "norm-105713", "citation": "Ley 10782", "section": "norms", "doc_type": "law", "title_en": "Cervantes Aqueduct Debt Forgiveness Law", "title_es": "Ley de Condonación de Deudas del Acueducto de Cervantes", "summary_en": "This law authorizes the Municipality of Alvarado to forgive all debts related to the water service of the aqueduct administered by the Municipal District Council of Cervantes, including principal, interest, fines, and other obligations. Its purpose is to ensure equitable access to drinking water, alleviate the economic burden on users, and contribute to the financial stability of the Council. The forgiveness will apply subject to requirements set by the Council, considering situations of vulnerability, medical emergencies, or other justifying circumstances. A public outreach campaign is required to inform the population, and the Council is empowered to determine a period of effectiveness and establish additional benefits such as flexible payment plans or rate adjustments to facilitate compliance with aqueduct-related obligations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105713.json", "html_url": "/legal/doc/norm-105713", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105713&strTipM=TC&nValor3=0" }, { "id": "norm-105716", "citation": "Reglamento 0 (Fondo Nacional de Financiamiento Forestal, 17/11/2025)", "section": "norms", "doc_type": "regulation", "title_en": "Operational Manual for the Marine-Coastal Ecosystem Services Payment Program in Mangrove Forests", "title_es": "Manual Operativo para el Programa de Pago por Servicios Ecosistémicos Marino Costeros en Bosques de Mangle", "summary_en": "This Operational Manual, issued by the National Forestry Financing Fund (FONAFIFO) under Law No. 10507, regulates the Payment Program for Marine-Coastal Ecosystem Services (PSEM) in mangrove forests. It establishes the requirements and procedures for associations or cooperatives of mollusk harvesters to receive financial recognition from the State for activities including sustainable harvesting, breeding, restocking, surveillance, and monitoring of mollusks, as well as ecological monitoring of the mangrove ecosystem. The document details the application process, beneficiary selection criteria, technical, administrative, and financial obligations of the associations, and the payment, supervision, and control mechanisms carried out by SINAC, INCOPESCA, MINAE, and FONAFIFO. The annual payment per participating person is scaled according to the size of the association, with quarterly disbursements subject to compliance with the activities and valid permits.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788" ], "date": "17/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105716.json", "html_url": "/legal/doc/norm-105716", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105716&strTipM=TC&nValor3=0" }, { "id": "norm-105743", "citation": "Decreto 45308", "section": "norms", "doc_type": "executive_decree", "title_en": "Offensive Odors Control Regulation", "title_es": "Reglamento para el control de olores ofensivos", "summary_en": "This regulation, issued by the Ministry of Health and other ministries, establishes procedures, evaluation criteria, and maximum permissible limits for complaints of offensive odor pollution from stationary sources. It defines obligations for emitting entities, including operational reports, corrective action plans, and monitoring. It excludes agricultural activities regulated by SENASA but provides for a joint competency matrix. Based on the General Health Law, it sets immission thresholds to protect health and the environment, detailing measurement methods such as dynamic olfactometry and chemical analyses of indicator substances like hydrogen sulfide and VOCs.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "29/09/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105743.json", "html_url": "/legal/doc/norm-105743", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105743&strTipM=TC&nValor3=0" }, { "id": "norm-105753", "citation": "Decreto 45318", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Co-incineration Regulation", "title_es": "Reforma al Reglamento de Coincineración", "summary_en": "This executive decree amends Articles 7 and 9 of the Regulation on operating conditions and emission controls for co-incineration facilities for ordinary solid waste (Decree 39136-S-MINAE). It modifies minimum distance requirements from childcare centers, educational and health facilities, agricultural activities, and food processing industries, reducing them to 500 meters, with the possibility of an exceptional authorization down to 300 meters if technical studies prove emissions are harmless. For sites storing combustible or flammable products exceeding 1000 m3, the distance is set at 100 meters. It adds detailed requirements for the environmental impact study and the location permit issued by the Ministry of Health, extending its validity to five years. The amendment aims to facilitate the deployment of co-incineration technologies in Costa Rica, considering international practices such as those in the EU and the US, and to help extend the lifespan of sanitary landfills.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "25/09/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105753.json", "html_url": "/legal/doc/norm-105753", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105753&strTipM=TC&nValor3=0" }, { "id": "norm-105767", "citation": "Decreto 45310", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for terrestrial application of agrochemicals", "title_es": "Reglamento para aplicaciones terrestres de agroquímicos", "summary_en": "This Executive Decree establishes mandatory conditions for terrestrial agrochemical applications nationwide. It regulates no-spray buffer distances, the use of live or artificial barriers, limiting weather conditions, and equipment registration and calibration. It incorporates drones (RPAS) as terrestrial application equipment under specific weight and height parameters. Grounded in recent scientific drift studies and the precautionary principle, it aims to balance agriculture with the protection of human health and the environment. It defines infractions and refers to sanctions under phytosanitary, health, environmental, and labor laws, granting a 24-month compliance period.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "22/08/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105767.json", "html_url": "/legal/doc/norm-105767", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105767&strTipM=TC&nValor3=0" }, { "id": "norm-105769", "citation": "Resolución 0130", "section": "norms", "doc_type": "resolution", "title_en": "Tariff Methodology for Electric Buses", "title_es": "Metodología tarifaria para autobuses eléctricos", "summary_en": "This resolution by the Regulatory Authority for Public Services (ARESEP) partially amends the tariff methodology for remunerated passenger transport by bus, incorporating the recognition of costs associated with the introduction of battery electric buses. The decision updates the regulatory instrument to reflect technological changes and public policies promoting electric transport, consistent with laws like No. 9518 and executive decrees such as the National Electric Transport Plan. The methodology adjusts tariff calculations to recognize investments in buses, batteries, chargers, charging infrastructure, and operational costs like electricity consumption, upholding the cost-of-service principle. A tariff incentive was excluded due to lack of technical certainty, but future evaluations are contemplated. The resolution underwent a public hearing process and will be issued as an active norm.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105769.json", "html_url": "/legal/doc/norm-105769", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105769&strTipM=TC&nValor3=0" }, { "id": "norm-105785", "citation": "Decreto 45304", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the registration of meliponaries with or without commercial purposes", "title_es": "Reglamento para el registro de meliponarios con o sin fines comerciales", "summary_en": "This executive decree establishes the regulatory framework for meliponiculture in Costa Rica, governing the registration, authorization, and operation of meliponaries, whether for commercial or non-commercial purposes. It defines key concepts, registration requirements, conditions for establishing meliponaries, prohibitions (such as trade in hives), and grounds for permit expiration and cancellation. For commercial activities, it limits authorized species to Tetragonisca angustula and Scaptotrigona pectoralis, with a maximum of 30 hives per meliponary; for non-commercial activities, up to 5 hives of any species are allowed. It also sets minimum distances from monocultures using pesticides, based on species size. SINAC is the authority responsible for implementation, supervision, and sanctions, with permit validity periods of 5 years, renewable.", "primary_topic_id": null, "topic_ids": [], "date": "16/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105785.json", "html_url": "/legal/doc/norm-105785", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105785&strTipM=TC&nValor3=0" }, { "id": "norm-105801", "citation": "Ley 10804", "section": "norms", "doc_type": "law", "title_en": "Amendment to the Municipal Code to incorporate environmental and climate matters", "title_es": "Reforma al Código Municipal para incorporar el tema ambiental y climático", "summary_en": "Law 10804 amends Law 7794, the Municipal Code of 1998, to integrate environmental protection, biodiversity conservation, and climate change mitigation and adaptation as municipal competencies. It adds subsection m) to Article 4, obligating municipalities to promote local initiatives for these purposes. It reforms Articles 13(l), 17(e), and 49. It requires that municipal development plans, annual operating plans, and the mayor's government program include actions on climate change and the environment. Furthermore, it creates a Permanent Commission on Environmental Affairs and Climate Change within the municipal council. The law aims to mainstream local environmental management and climate response through the planning and organizational structure of local governments, in line with the United Nations Framework Convention on Climate Change (Law 7414).", "primary_topic_id": null, "topic_ids": [], "date": "13/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105801.json", "html_url": "/legal/doc/norm-105801", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105801&strTipM=TC&nValor3=0" }, { "id": "norm-105817", "citation": "Decreto 45316", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Lorne Ross Ashley Urban Natural Park", "title_es": "Creación del Parque Natural Urbano Lorne Ross Ashley", "summary_en": "This executive decree declares the Santa Ana Conservation Center, covering approximately 50.45 hectares in Santa Ana, San José, as a protected wild area under the 'Urban Natural Park' (PANU) management category, named Lorne Ross Ashley. It is grounded in the constitutional right to a healthy environment, the Organic Environmental Law, the Biodiversity Law, and the recent regulatory framework for Urban Natural Parks (Decree 42742-MINAE). The decree mandates SINAC, through the Central Conservation Area, to administer the park, prepare a General Management Plan and a Public Use Regulation within binding deadlines, and allows public-private partnerships for governance. Objectives include conservation, ecological rehabilitation with native species, threat mitigation, responsible ecotourism, environmental education, and community participation.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "environmental-law-7554" ], "date": "06/03/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105817.json", "html_url": "/legal/doc/norm-105817", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105817&strTipM=TC&nValor3=0" }, { "id": "norm-105831", "citation": "Reglamento municipal 07-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Integral Waste Management Regulation for the Canton of Acosta", "title_es": "Reglamento para la Gestión Integral de Residuos del Cantón de Acosta", "summary_en": "This municipal regulation, approved by the Acosta Municipal Council, establishes the normative framework for integrated waste management in the canton. It defines principles, objectives, waste classification, generator obligations, differentiated collection systems, collective storage, construction waste management, recovery centers, composting, fees and a sanctions regime. It repeals previous regulations and aligns with Law 8839 and other national norms. It assigns the Environmental Management Department the responsibility to implement and oversee the system, which includes collection services, street cleaning, green area maintenance, and final disposal. It promotes citizen participation, incentives for good practices, and the transition towards a circular economy, with emphasis on source separation and reducing waste sent to landfills.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/02/2022", "year": "2022", "json_url": "/data/legal/docs/norm-105831.json", "html_url": "/legal/doc/norm-105831", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105831&strTipM=TC&nValor3=0" }, { "id": "norm-105856", "citation": "Ley 10764", "section": "norms", "doc_type": "law", "title_en": "Law on Abandoned, Lost, and Discarded Fishing Gear Management", "title_es": "Ley para la gestión de artes de pesca abandonadas, perdidas y descartadas", "summary_en": "This law establishes a comprehensive framework to reduce, mitigate, and prevent the impacts of abandoned, lost, or discarded fishing gear in Costa Rican marine waters and navigable rivers. It creates the National Fishing Alert and Registry System and the Registry of Recovered Fishing Gear and Marine Species Incidents, under INCOPESCA's responsibility. It mandates reporting losses, abandonments, sightings, and recoveries of fishing gear within 24 hours, as well as incidents with marine species. It introduces a mandatory marking system for all fishing gear, with non-compliance leading to seizure. Voluntary reception points are established at docks, coast guard stations, municipalities, and private entities. Incentives are promoted for gear recovery and sound management, coordinating final disposal with the Ministry of Health. It also amends the Fisheries and Aquaculture Law (Law 8436) to include gear registration and marking, and the INCOPESCA Creation Law (Law 7384) to assign competencies in this area.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "12/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105856.json", "html_url": "/legal/doc/norm-105856", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105856&strTipM=TC&nValor3=0" }, { "id": "norm-105858", "citation": "Ley 10796", "section": "norms", "doc_type": "law", "title_en": "Law to improve the integration of the National Commission for drowning prevention and response", "title_es": "Ley de mejoramiento de la integración de la Comisión Nacional para la prevención y atención de ahogamientos", "summary_en": "This law amends Article 5 of Law 9780 to expand and specify the membership of the National Commission for Drowning Prevention and Response. The Commission now includes representatives from the Costa Rican Tourism Institute, Red Cross, Ministry of Public Security, National Tourism Chamber, Ministry of Health, Fire Department, a non-profit guardavidas organization, and representatives designated by assemblies of each coastal province. The presidency may be held by any of the first six institutions, with a casting vote in case of a tie. Provincial representatives are elected by simple majority in assemblies convened by the ICT, composed of delegates from municipalities. Members receive no stipend and are appointed for four-year terms. The norm seeks more participatory and representative integration of local stakeholders in beach safety governance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105858.json", "html_url": "/legal/doc/norm-105858", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105858&strTipM=TC&nValor3=0" }, { "id": "norm-10591", "citation": "Ley 6900", "section": "norms", "doc_type": "law", "title_en": "Law 6900", "title_es": "Ley 6900", "summary_en": "This law, originally titled 'Establishes Patents in the Canton of Turrubares and declares Carara Biological Reserve', creates Carara National Park and the Cerros de Turrubares Protective Zone, defining their geographical limits by coordinates. It declares state lands within these areas inalienable, prohibits their registration through possessory information, and subjects all properties to the forest regime, requiring prior authorization from the General Forestry Directorate for any activity. It assigns administration of the National Park to the National Parks Service and the Protective Zone to the General Forestry Directorate, with cooperation from the municipalities of Turrubares and Orotina. Additionally, it establishes a commercial patent regime for the canton of Turrubares and regulates the transfer of IDA lands for agrarian programs and their gratuitous transfer to the Ministry of Agriculture for protected areas.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "forestry-law-7575" ], "date": "28/10/1983", "year": "1983", "json_url": "/data/legal/docs/norm-10591.json", "html_url": "/legal/doc/norm-10591", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=10591&strTipM=TC&nValor3=0" }, { "id": "norm-105913", "citation": "Decreto 9", "section": "norms", "doc_type": "regulation", "title_en": "Amendment Incorporating SIPMABE into the PSA Program Procedures Manual", "title_es": "Reforma que incorpora SIPMABE al Manual de Procedimientos del Programa de Pago por Servicios Ambientales", "summary_en": "This amendment by FONAFIFO's Board of Directors reforms the Procedures Manual for the Payment for Environmental Services (PSA) Program to incorporate a new sub-activity called Low-Scale Timber Production Systems (SIPMABE). SIPMABE promotes fast-growing forest species to recover the landscape and support decarbonization through sustainable production. The reform defines SIPMABE technically, sets minimum (3 ha) and maximum (24 ha) project sizes, planting densities, requirements for improved genetic material, soil analysis obligations, and deadlines and conditions for regency reports and payments. It also details rules on allowable mortality, plot measurement, submission of digital files (shapefiles), and the reimbursement regime for early withdrawal or change of ownership, which for SIPMABE requires full repayment of amounts received. In all other respects, the Manual remains unchanged from its original publication and prior amendments.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "08/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105913.json", "html_url": "/legal/doc/norm-105913", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105913&strTipM=TC&nValor3=0" }, { "id": "norm-105924", "citation": "Ley 10758", "section": "norms", "doc_type": "law", "title_en": "INDER Amendment on Disused Infrastructure", "title_es": "Reforma al INDER sobre infraestructura en desuso", "summary_en": "This law amends Law 9036, which transformed the IDA into the INDER, by introducing definitions for PYMPA, PYME, and disused infrastructure. It authorizes INDER to enter into agreements with for-profit private entities, provided they are SMEs (PYMEs) or small/medium agricultural producers (PYMPAs), for the utilization of disused infrastructure in rural areas. A rigorous control and monitoring system for beneficiaries is established, with sanctions including immediate exclusion and administrative reversion of the assigned property for non-compliance. Any acts in violation will be null and void, leading to revocation of the benefit and return of the land or infrastructure.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "12/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105924.json", "html_url": "/legal/doc/norm-105924", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105924&strTipM=TC&nValor3=0" }, { "id": "norm-105926", "citation": "Ley 10826", "section": "norms", "doc_type": "law", "title_en": "Marine-Coastal Literacy Law", "title_es": "Ley de Alfabetización Marino-Costera", "summary_en": "This law establishes a framework to promote education on marine-coastal environments at all educational levels in Costa Rica. It defines marine-coastal education as a set of formative processes aimed at increasing knowledge of marine-coastal biodiversity, ecosystems, and environmental services; fostering responsible behaviors; developing multiplier agents; promoting conservation practices; studying and disseminating the impacts of climate change and pollution; and understanding marine spatial planning. It declares June 8 as World Oceans Day. It mandates the MEP’s Department of Health and Environmental Education to create a Marine-Coastal Education Program, with university participation, to incorporate these contents into the national curriculum, boost research, dissemination, and partnerships, and have a budget and the ability to receive donations.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "19/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105926.json", "html_url": "/legal/doc/norm-105926", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105926&strTipM=TC&nValor3=0" }, { "id": "norm-105930", "citation": "Reglamento municipal 130", "section": "norms", "doc_type": "municipal_regulation", "title_en": "General Regulation of the Oreamuno Regulatory Plan", "title_es": "Reglamento General del Plan Regulador de Oreamuno", "summary_en": "This document is the General Regulation of the Urban Regulatory Plan (PRU) of the Canton of Oreamuno, approved by the Municipal Council in December 2025. It establishes the normative framework for territorial planning and development of the canton, including general provisions, a glossary of terms, and the specific regulations that compose it. The PRU is structured under a model of sustainability and watershed management, with the objective of comprehensively ordering the territory, improving quality of life, and promoting balanced growth between socioeconomic activities and the conservation of natural resources. It is founded on national urban planning legislation, including the Urban Planning Law No. 4240 and the Organic Environmental Law No. 7554, and incorporates principles of sustainable development, citizen participation, and inter-institutional coordination. The regulation details procedures for obtaining municipal licenses, endorsements, and land use certificates, and defines the areas of regulation and control as well as the programmatic areas of the plan. It also includes an extensive glossary and a list of 11 sectoral regulations covering everything from subdivision and constructions to heritage protection, landscape, and sustainable development, repealing any conflicting municipal regulations. Its approval concludes a process of modification of the previous PRU, which included technical review, public consultation, and approval by INVU, and seeks to address the current needs of urban and rural development of the canton.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "environmental-law-7554" ], "date": "02/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105930.json", "html_url": "/legal/doc/norm-105930", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105930&strTipM=TC&nValor3=0" }, { "id": "norm-105931", "citation": "Reglamento municipal 130-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Subdivision Regulation of the Canton of Oreamuno", "title_es": "Reglamento de Fraccionamiento del Cantón de Oreamuno", "summary_en": "This Regulation establishes local provisions for the subdivision and development of land in the canton of Oreamuno, within the framework of the Urban Regulatory Plan. It defines types of subdivisions—simple, for urban purposes, by exceptional residential access, and by agricultural/livestock/forestry easement—and the requirements for each. It regulates aspects such as minimum lot dimensions, front-to-depth ratio, dedication of areas for public use, access to services, and protection of water resources. It incorporates the obligation of a municipal visa and, in certain cases, of INVU, as well as verification of encumbrances under the Forestry Law (Article 33). For agricultural parcels, it requires a soil study and land-use capacity study. It promotes sustainable urban development, including criteria for environmental management, risk, and landscape, in accordance with national urban planning and environmental legislation.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "02/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105931.json", "html_url": "/legal/doc/norm-105931", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105931&strTipM=TC&nValor3=0" }, { "id": "norm-105932", "citation": "Reglamento municipal 130-B", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Construction and Infrastructure Regulation of the Canton of Oreamuno", "title_es": "Reglamento de Construcción e Infraestructura del Cantón de Oreamuno", "summary_en": "This regulation, part of the Urban Master Plan of the Canton of Oreamuno, establishes technical and administrative rules for public and private construction in the canton. It governs the issuance of municipal building permits, requirements for earthworks and demolitions, conditions for setbacks, property lines, sidewalks, drainage, and wastewater disposal. It incorporates sustainability criteria, natural resource protection, risk management, and universal accessibility, and requires new urban developments to implement improved wastewater treatment systems, stormwater management, and native-species tree planting. The regulation also subjects construction to SETENA environmental viability when natural resources are affected, and establishes sanctions for non-compliance, including work stoppage and closure.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "02/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105932.json", "html_url": "/legal/doc/norm-105932", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105932&strTipM=TC&nValor3=0" }, { "id": "norm-105933", "citation": "Reglamento municipal 130-C", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Urban Renewal Regulation of Oreamuno Canton", "title_es": "Reglamento de renovación urbana del cantón de Oreamuno", "summary_en": "Title Four of the Urban Regulatory Plan of Oreamuno establishes the regulatory framework for urban renewal in deteriorated or decadent areas of the canton. It defines the procedures, instruments, and grounds enabling municipal intervention, including the creation of an Urban Renewal Commission, the development of Renewal Plans and Projects, and their approval requirements. It introduces incentives such as land donation to the local government, provision of pedestrian and vehicle roads, and urban furniture, and allows adjustment of zoning and land-use parameters for mixed-use residential-commercial zones. It also authorizes participation in mixed public-private companies to manage these processes. The regulation aims to correct infrastructure deficiencies, promote orderly densification, and improve quality of life, integrating citizen participation and inter-institutional coordination within the framework of the Urban Planning Law.", "primary_topic_id": null, "topic_ids": [], "date": "02/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105933.json", "html_url": "/legal/doc/norm-105933", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105933&strTipM=TC&nValor3=0" }, { "id": "norm-105934", "citation": "Reglamento municipal 130-D", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Protection and Conservation of the Architectural and Cultural Heritage of Oreamuno", "title_es": "Reglamento de protección y conservación del patrimonio arquitectónico y cultural del cantón de Oreamuno", "summary_en": "This regulation, part of the Oreamuno Urban Regulatory Plan, establishes the basis for protecting and conserving the canton's architectural and cultural heritage, in accordance with Law 7555. It defines declared heritage properties, criteria for interventions (restoration, adaptation), and coordination with the Cultural Heritage Research and Conservation Center. It regulates prior authorization of projects, suspension of non-conforming works, and protection of archaeological heritage under Law 6703. It also imposes restrictions on outdoor advertising on heritage buildings, limiting coverage, colors, and types of signs. It applies exclusively to officially declared heritage properties, regardless of their zoning.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "02/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105934.json", "html_url": "/legal/doc/norm-105934", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105934&strTipM=TC&nValor3=0" }, { "id": "norm-105935", "citation": "Reglamento municipal 130-E", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Zoning Regulations for Land Use in the Canton of Oreamuno", "title_es": "Reglamento de Zonificación de los Usos del Suelo del Cantón de Oreamuno", "summary_en": "This regulation, part of the amendment to the Urban Regulatory Plan of the Canton of Oreamuno, establishes the classification of land uses in the canton, defining zones such as residential, mixed-use, agricultural, rural, protection, scenic interest, and touristic. For each zone, urbanistic parameters such as density, minimum lot segregation, height, coverage, and setbacks are set, with the objective of guiding orderly development, protecting natural resources, managing risk, and promoting sustainability, in accordance with the GAM 2013-2030 Plan and national legislation, including Forestry Law 7575 and Environmental Organic Law 7554.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "forestry-law-7575" ], "date": "02/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105935.json", "html_url": "/legal/doc/norm-105935", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105935&strTipM=TC&nValor3=0" }, { "id": "norm-105943", "citation": "Reglamento municipal 130-F", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Roadway Regulation of the Canton of Oreamuno", "title_es": "Reglamento de Vialidad del Cantón de Oreamuno", "summary_en": "The Roadway Regulation of the Canton of Oreamuno, approved as part of the modification of the Urban Regulatory Plan, establishes parameters for the design, construction, conservation, and management of the cantonal road network. It defines the hierarchical classification of roads (national, cantonal primary, secondary, tertiary, local, and unclassified), as well as minimum design conditions, including rights-of-way, bicycle lanes, pedestrian spaces, and parking. It regulates the transformation of easements into public streets, the installation of urban furniture, and intersections with the railway system. It incorporates principles of transit-oriented development and sound environmental practices, aligning with Urban Planning Law, the General Public Roads Act, and related regulations. Its objective is to improve mobility, accessibility, and connectivity, enhancing tourist and productive routes under a road safety and sustainability approach.", "primary_topic_id": null, "topic_ids": [], "date": "02/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105943.json", "html_url": "/legal/doc/norm-105943", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105943&strTipM=TC&nValor3=0" }, { "id": "norm-105944", "citation": "Reglamento municipal 130-G", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Official Map Regulation of the Canton of Oreamuno", "title_es": "Reglamento de Mapa Oficial del Cantón de Oreamuno", "summary_en": "This regulation, part of the Urban Regulatory Plan of the Canton of Oreamuno, defines the Official Map as the instrument that records public roads, parks, plazas, public buildings, and other communal spaces, both those already in public service and those preventively demarcated. It states that public goods do not need to be registered in the Property Registry to consolidate ownership; their existence on the Official Map is sufficient. It details the categories of public services, the purpose of public domain goods, the incorporation of project plans into the Map, and the maintenance and upkeep conditions of public spaces. Additionally, it specifies the content of the Official Map, which includes health, educational, and sports facilities, parks, plazas, and road proposals, and foresees municipal authority to correct omissions. The regulation aims to ensure proper planning, conservation, and use of public domain goods for the community's benefit.", "primary_topic_id": null, "topic_ids": [], "date": "02/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105944.json", "html_url": "/legal/doc/norm-105944", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105944&strTipM=TC&nValor3=0" }, { "id": "norm-105945", "citation": "Reglamento municipal 130-H", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Landscape Regulation of the Canton of Oreamuno", "title_es": "Reglamento de Paisaje del Cantón de Oreamuno", "summary_en": "This Regulation, part of the Urban Master Plan of the Canton of Oreamuno, establishes rules for the protection, planning, and recovery of the landscape within the Landscape Interest Zone defined in the zoning map. Its goal is to safeguard the common heritage of the landscape, promoting sustainable development in harmony with the rural environment. It defines landscape integration measures, such as adapting constructions to existing topography and vegetation, prohibiting non-institutional billboards, and promoting green infrastructure. It also restricts land uses, bans extractive activities and urban developments, and encourages biological corridors and pollinator gardens. Incentives for coverage expansion up to 5% through nature-based solutions are included. Enforcement falls to the Department of Urban Development and Control, with municipal environmental oversight.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "02/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105945.json", "html_url": "/legal/doc/norm-105945", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105945&strTipM=TC&nValor3=0" }, { "id": "norm-105946", "citation": "Reglamento municipal 130-I", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Sustainable Development Regulation of the Canton of Oreamuno", "title_es": "Reglamento de Desarrollo Sostenible del Cantón de Oreamuno", "summary_en": "The Sustainable Development Regulation of the Canton of Oreamuno, adopted by the Municipal Council through Agreement No. 846-2025, constitutes Title Ten of the modified Urban Regulatory Plan. It establishes environmental principles and guidelines for all land-use zones, including residential, mixed, industrial, agricultural, protected, tourist, and scenic areas. Grounded on the constitutional right to a healthy and ecologically balanced environment, it seeks to harmonize productive activities with the protection of natural resources, particularly water resources and environmentally fragile areas. It mandates respect for Environmental Fragility Indices (IFA), implementation of cumulative impact mitigation measures, and application of specific plans such as the Soil Use Management Plan and the Readjustment, Adjustment, and Incentives Plan (PRAI) for water protection zones under overuse. The regulation prioritizes water source conservation, reduction of horizontal expansion, comprehensive waste management, and prevention of habitat fragmentation, in line with national environmental legislation.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "02/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105946.json", "html_url": "/legal/doc/norm-105946", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105946&strTipM=TC&nValor3=0" }, { "id": "norm-105966", "citation": "Reglamento municipal 80", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Land Use Regulation of the Municipality of Corredores", "title_es": "Reglamento para usos de suelo de la Municipalidad de Corredores", "summary_en": "This municipal regulation establishes the rules and procedures for granting land use permits in the canton of Corredores, within the framework of urban planning and environmental laws. It classifies land uses according to the Urban Planning Law and defines permitted, conditional, prohibited, and non-contemplated uses, incorporating the precautionary principle for the evaluation of the latter. It regulates the application procedure, requirements (certified plat, being up to date with taxes and CCSS, sworn statement, etc.), and analysis by the Urban Development Department, which must issue a reasoned decision within 30 days. It also sets the methodology for calculating the service fee, with biannual updates and exemptions for social housing and SMEs. It classifies infractions, sanctions (fines, closure, demolition) and precautionary measures, and includes rules on corruption prevention and duties of officials.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "02/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105966.json", "html_url": "/legal/doc/norm-105966", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105966&strTipM=TC&nValor3=0" }, { "id": "norm-105967", "citation": "Ley 10788", "section": "norms", "doc_type": "law", "title_en": "Addition of Wildlife Rescue to Fire Department Functions", "title_es": "Adición de rescate de vida silvestre a funciones del Cuerpo de Bomberos", "summary_en": "This law adds a subsection e) to Article 5 of Law 8228, the Law of the Costa Rican Fire Department, to include the management of emergencies involving wildlife among its functions. The Fire Department, advised by the relevant specialized entity (such as SINAC), must develop protocols for controlling incidents with wild animals. Their intervention is limited to incident control, not rescue or prolonged animal handling. It also establishes an exemption from administrative, civil, and criminal liability for fire department personnel who act in accordance with the protocols and current legislation, shielding them from legal consequences arising from performing this new duty. The amendment aims to legally enable the fire department to handle wildlife emergencies that previously could only be managed by entities like SINAC or authorized rescuers, improving response capacity for incidents that endanger both animals and people.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "11/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105967.json", "html_url": "/legal/doc/norm-105967", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105967&strTipM=TC&nValor3=0" }, { "id": "norm-105980", "citation": "Reglamento municipal 80-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Municipal Regulation for Minor Works and Maintenance Works of the Canton of Corredores", "title_es": "Reglamento municipal de obras menores y obras de mantenimiento del Cantón de Corredores", "summary_en": "This municipal regulation, issued by the Municipal Council of Corredores, establishes the rules for processing, approving, and executing minor works within the canton, in accordance with Article 83 bis of the Construction Law. It defines categories of minor works (repairs, remodeling, extensions, and other minor works) with area limits (up to 35 m²) and cost limits (up to 10 base salaries). It details procedures for obtaining construction licenses, documentary requirements such as plans and budgets, and resolution deadlines (30 calendar days). It includes provisions on inspections, work closures, sanctions, and corruption prevention for officials. It also regulates force majeure cases and establishes a one-year license validity period. It repeals the previous 2019 regulation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105980.json", "html_url": "/legal/doc/norm-105980", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105980&strTipM=TC&nValor3=0" }, { "id": "norm-105981", "citation": "Reglamento municipal 83", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Talamanca Minor Works Construction Permit Regulation", "title_es": "Reglamento de permisos de construcción de obra menor de Talamanca", "summary_en": "This municipal regulation establishes guidelines for obtaining minor works construction licenses in the canton of Talamanca, in accordance with Article 83 bis of Construction Law No. 833. It defines minor works (repairs, remodeling, expansions whose value does not exceed ten base salaries), requirements for permit applications, a one-month resolution period, and grounds for denial, including works in protected wild areas, state natural heritage, or indigenous territories without authorization. It prohibits the subdivision of works to evade major work controls. It establishes a sanctioning procedure including closure, fines of 1% of the construction value, late payment interest, judicial collection, and demolition of unpermitted works or those encroaching on public zones, with due process. It also regulates the owner's responsibility and the visible display of the permit.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "indigenous-law-6172", "forestry-law-7575" ], "date": "27/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105981.json", "html_url": "/legal/doc/norm-105981", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105981&strTipM=TC&nValor3=0" }, { "id": "norm-105989", "citation": "Reglamento municipal 83-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Talamanca land use, construction permits and sanctioning procedures manual", "title_es": "Manual de procedimientos para usos de suelo, licencias constructivas y régimen sancionatorio de Talamanca", "summary_en": "The Procedures Manual of the Municipality of Talamanca, approved by the Municipal Council in session #83 on November 27, 2025, regulates applications for land use and building permits for minor and major works, as well as the sanctioning process for urban planning violations. It establishes requirements such as property registration, up-to-date municipal tax payments, municipal approval stamp, and land use certificate valid for one year. For major works, it requires the involvement of a responsible professional, processing before the CFIA through the APC platform, and presentation of an environmental license from SETENA as per applicable regulations. It emphatically restricts that properties must not be located within indigenous territories, Protected Wilderness Areas, Maritime Terrestrial Zone, areas restricted by law, or State Natural Heritage. Control is exercised through inspections before, during, and upon completion of the work. The sanctioning chapter details grounds for closure, demolition, fines of 1% of the construction value, default interest, and judicial collection, as well as the procedure for administrative demolition and recovery of costs from the offender, all in accordance with the Construction Law and its regulations.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "property-and-titling", "subdivision-fraccionamiento", "indigenous-law-6172" ], "date": "27/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-105989.json", "html_url": "/legal/doc/norm-105989", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=105989&strTipM=TC&nValor3=0" }, { "id": "norm-106014", "citation": "Decreto 45360", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Fishing and Aquaculture Regulation for tuna exploitation", "title_es": "Reforma al Reglamento de Pesca y Acuicultura para el aprovechamiento del atún", "summary_en": "This executive decree amends the Regulation to the Fishing and Aquaculture Law No. 8436 to align it with reforms introduced by Law No. 10304 on tuna wealth. It incorporates key definitions such as fishing gear, Costa Rican-origin tuna, ecosystem approach, and precautionary approach. It establishes that INCOPESCA will define spatial and temporal management mechanisms for tuna fishing, including dynamic zones for distributing fishing effort. It regulates licenses for purse-seine tuna vessels, both national and foreign, with the obligation to land all catch for the national industry. A procedure is introduced for obtaining sport-fishing licenses for tuna. It creates the Interinstitutional Working Group for Fishing and Tuna Business Development, aimed at strengthening capacities and value chains. Moreover, it prohibits purse-seine fishing within the first 80 nautical miles of Costa Rica's Pacific EEZ, with exceptions in management zones defined by the Executive Branch. The reform seeks to democratize access to tuna resources, ensure supply to the national industry, and promote sustainability through ecosystem and precautionary approaches.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106014.json", "html_url": "/legal/doc/norm-106014", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106014&strTipM=TC&nValor3=0" }, { "id": "norm-106016", "citation": "Ley 10815", "section": "norms", "doc_type": "law", "title_en": "Debt Forgiveness Law for Azarea María Settlement", "title_es": "Ley de Condonación de Deudas para Asentamiento Azarea María", "summary_en": "This law authorizes the Rural Development Institute (INDER) to fully forgive, on a one-time basis, the principal and interest debt of agricultural parcel and social housing lot beneficiaries in the Azarea María peasant settlement in Zapote, Puerto Viejo de Sarapiquí. Beneficiaries must request the forgiveness from INDER and justify current land use in line with rural development objectives under Law 9036. The forgiveness covers loans originally granted by the former Agrarian Development Institute (IDA) or INDER. INDER will also lift any registration liens at no cost to the beneficiaries. This is a specific-scope law that does not address environmental matters, but rather land titling and social agrarian debt.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic", "property-and-titling" ], "date": "19/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106016.json", "html_url": "/legal/doc/norm-106016", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106016&strTipM=TC&nValor3=0" }, { "id": "norm-106017", "citation": "Ley 10822", "section": "norms", "doc_type": "law", "title_en": "Law to Promote Agrotourism", "title_es": "Ley para potenciar el agroturismo", "summary_en": "This law declares agrotourism to be of public interest as a complementary activity to agricultural production, aiming to diversify rural incomes and promote sustainable development. It assigns the Costa Rican Tourism Institute (ICT) as the lead agency, coordinating with MAG, Ministry of Health, SINAC, INDER, and INA, to set guidelines, provide training, and certify agrotourism farms under the 'AgroTour' label. It defines concepts such as agrotourism farm, agrotourism entrepreneur, and certified zones. It amends several laws, including the Community Rural Tourism Promotion Law (8724) and the ICT Organic Law (1917), to incorporate agrotourism into their provisions, facilitate differentiated requirements for micro and small ecotourism and agrotourism enterprises, and promote interagency coordination. It sets deadlines for regulation and updating of related norms.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106017.json", "html_url": "/legal/doc/norm-106017", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106017&strTipM=TC&nValor3=0" }, { "id": "norm-106019", "citation": "Decreto 10", "section": "norms", "doc_type": "regulation", "title_en": "Regulation of the Inclusive Fund for Sustainable Development and the Green Business Fund", "title_es": "Regulación del Fondo Inclusivo para el Desarrollo Sostenible y el Fondo de Negocios Verdes", "summary_en": "This regulation establishes the operational rules for the Inclusive Fund for Sustainable Development (FOINDES) and the Green Business Fund (FNV), created under Costa Rica's REDD+ National Strategy and Benefit Distribution Plan. FOINDES finances small-scale entrepreneurship by individuals, particularly women, whether or not they own forested land, through loans up to ₡5 million at 3% interest, terms up to 60 months, and non-repayable seed capital up to ₡2 million. FNV finances individuals or legal entities to improve existing enterprises, with loans up to ₡20 million at 4%, prioritizing projects within biological corridors or near protected areas. Both funds are capitalized from emission reduction sales. The regulation outlines requirements, guarantees, monitoring, and guarantee fund mechanisms, emphasizing the inclusion of women and contributions to climate change mitigation and biodiversity conservation.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "10/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106019.json", "html_url": "/legal/doc/norm-106019", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106019&strTipM=TC&nValor3=0" }, { "id": "norm-106021", "citation": "Reglamento municipal 125-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Integrated Waste Management Regulation of the El Guarco Canton", "title_es": "Reglamento para la Gestión Integral de Residuos del Cantón de El Guarco", "summary_en": "This municipal regulation establishes the obligations for all waste generators in El Guarco, including source separation, storage, and differentiated delivery. It classifies waste into recyclables, organics, non-recyclables, bulky, hazardous, and special handling, forbidding their mixing and improper disposal. It creates collective storage systems for condominiums, businesses, and areas with difficult access. The Municipality is the governing entity of the service and has sanctioning power, with infractions classified as minor, serious, and very serious (the latter under the Environmental Administrative Tribunal's jurisdiction), setting corresponding fines. It includes incentives for good practices, regulates construction and demolition waste, and promotes composting. It repeals prior conflicting regulations and will take effect upon publication in the official gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106021.json", "html_url": "/legal/doc/norm-106021", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106021&strTipM=TC&nValor3=0" }, { "id": "norm-106025", "citation": "Reglamento municipal 084", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to Article 130 of the Integral Solid Waste Management Regulation", "title_es": "Reforma al Artículo 130 del Reglamento de Gestión Integral de Residuos Sólidos", "summary_en": "This municipal agreement amends Article 130 of the Integral Solid Waste Management Regulation of the Central Canton of San José, which sets the calculation of fines for minor waste infractions. The reform introduces a progressive penalty factor based on recidivism (0.5 for the first offense, 2.5 for the second, and 5 for the third), replacing the previous fixed factor of 5. Fines are calculated using the annualized rate per linear meter of property frontage, according to the assigned category (residential public and religious, commercial periphery, or commercial downtown). The offender's obligation to repair environmental damage and cover cleanup costs remains. The amendment underwent a non-binding public consultation with no comments received and will take effect after a second publication in La Gaceta.", "primary_topic_id": null, "topic_ids": [], "date": "09/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106025.json", "html_url": "/legal/doc/norm-106025", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106025&strTipM=TC&nValor3=0" }, { "id": "norm-106045", "citation": "Acuerdo 289", "section": "norms", "doc_type": "agreement", "title_en": "Maximum catch limit for yellowfin tuna by foreign purse-seine fishing licenses", "title_es": "Límite máximo de captura de atún aleta amarilla para licencias de pesca de cerco extranjeras", "summary_en": "This INCOPESCA Board of Directors agreement establishes a maximum catch limit of 14,982 metric tons of yellowfin tuna (frozen in brine) for foreign-flagged purse-seine vessels in Costa Rica’s Pacific Exclusive Economic Zone for 2026. The quota is set based on technical and scientific criteria, including IATTC data, to ensure supply for the national processing industry and sustainability of the resource. Licenses will only be granted to vessels committing to land all catch at Costa Rican ports for the domestic industry. The agreement details procedures for mandatory delivery of fish, exceptional circumstances for foreign landing, and volume control. If additional raw material is shown to be needed, the quota may be reviewed through a substantiated technical resolution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106045.json", "html_url": "/legal/doc/norm-106045", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106045&strTipM=TC&nValor3=0" }, { "id": "norm-106073", "citation": "Acuerdo 0 (Colegio de Profesionales en Psicología de Costa Rica, 14/01/2026)", "section": "norms", "doc_type": "agreement", "title_en": "Minimum Fee Schedule of the College of Psychology Professionals of Costa Rica for the Period 2026", "title_es": "Tarifas Mínimas del Colegio de Profesionales en Psicología de Costa Rica para el Período 2026", "summary_en": "This agreement by the Board of Directors of the College of Psychology Professionals of Costa Rica establishes the minimum fee schedule for professional psychology services during 2026, maintaining those approved in 2025. It details fees for various psychological evaluations, including mental fitness for adoption, firearm possession, private security, child care centers, and emotional support animal accompaniment. It also outlines ethical provisions on differential billing: the possibility of charging lower fees or no fees in exceptional cases based on social conscience, and the option to charge nothing or only 25% to direct family members, provided it is documented. The agreement clarifies that professionals may set fees above the minimum, except for specific evaluations listed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106073.json", "html_url": "/legal/doc/norm-106073", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106073&strTipM=TC&nValor3=0" }, { "id": "norm-106095", "citation": "Decreto 45359", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to HLB Control Regulation", "title_es": "Reforma al Reglamento de Combate del HLB", "summary_en": "This executive decree amends and adds provisions to the Regulation for the particular and obligatory control of Huanglongbing (HLB) and its vector, originally issued by Executive Decree No. 41593-MAG of January 8, 2019. The amendments expand the sites and plant material subject to inspection by the State Phytosanitary Service (SFE), including farms, properties, backyards, and establishments that reproduce or sell citrus and alternate host plants. It establishes the obligation to allow free access to SFE officials for surveillance and sampling. Traceability provisions are incorporated, requiring establishments dedicated to citrus production and marketing to be registered with the SFE and to demonstrate the origin of their plants. Citrus propagation must be done under protected environment, and molecular analyses are required to certify that the material is free of the bacterium. The responsibilities of the owner or occupant in eradicating plants diagnosed as positive are clarified, under SFE oversight. Sanctions for non-compliance are also adjusted according to the amendments introduced by Law No. 10497 to the Phytosanitary Protection Law. The decree took effect upon publication in La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106095.json", "html_url": "/legal/doc/norm-106095", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106095&strTipM=TC&nValor3=0" }, { "id": "norm-106107", "citation": "Decreto 0", "section": "norms", "doc_type": "regulation", "title_en": "Regulation on the Use of the FNA Credit Management Commission", "title_es": "Reglamento para el uso de la comisión por gestión de crédito del FNA", "summary_en": "This internal regulation of the Permanent Commission of Self-Managed Cooperatives (CPCA) establishes rules for the administration of funds derived from the commission charged to self-managed cooperatives for the processing of loans from the National Self-Management Fund (FNA). It provides that 100% of this commission shall be allocated to the operational management of the CPCA, including administrative expenses, cooperative development, per diems, transportation, and professional services. It regulates the automatic deduction of the commission at time of disbursement, issuance of receipts, separate accounting, and the obligation to submit annual budgets and settlements. It forms part of the entity's internal control system, in accordance with the General Internal Control Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106107.json", "html_url": "/legal/doc/norm-106107", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106107&strTipM=TC&nValor3=0" }, { "id": "norm-106111", "citation": "Reglamento municipal 147", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to San Ramón Integrated Solid Waste Management Regulation", "title_es": "Reforma al Reglamento de gestión integral de residuos sólidos de San Ramón", "summary_en": "This document amends the Municipal Regulation for Integrated Solid Waste Management of the Municipality of San Ramón, definitively approved on December 29, 2025. The amendment modifies Article 54, establishing that charges for ordinary solid waste management services will apply only to property owners or possessors of properties located within the effectively served area. The served area is defined as properties within a maximum radius of 200 meters measured from the center of the street traveled by solid waste collection trucks, according to municipally approved routes and maps. The amendment aligns the solid waste fee with the principles of effective and potential service provision, as well as reasonableness and proportionality of municipal taxes, limiting the tax obligation to those actually or potentially receiving the collection service.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106111.json", "html_url": "/legal/doc/norm-106111", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106111&strTipM=TC&nValor3=0" }, { "id": "norm-106117", "citation": "Reglamento municipal 0 (Municipalidad de Moravia, 21/01/2026)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Moravia Municipal Regulation on Fees for Waste, Cleaning, and Maintenance Services", "title_es": "Reglamento de Tasas por Servicios de Residuos, Limpieza y Mantenimiento de Moravia", "summary_en": "This municipal regulation from Moravia establishes the framework for charging fees for four public services: integrated solid waste management, cleaning of roads and public sites, stormwater drainage, and maintenance of parks, green areas, and ornamental works. It defines the taxable event (actual or potential service provision), the active and passive subjects, and the obligations of taxpayers and municipal units. It details the parameters and formulas for calculating fees, including effective costs, property values, and weighting factors by waste generation categories. It includes provisions on user categorization, reclassification, public events, performance guarantees, and annual fee update procedures with public consultation. It also regulates grievance procedures and the consequences of non-payment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106117.json", "html_url": "/legal/doc/norm-106117", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106117&strTipM=TC&nValor3=0" }, { "id": "norm-106119", "citation": "Decreto 45355", "section": "norms", "doc_type": "executive_decree", "title_en": "Special category for migratory regularization of foreign nationals for temporary agricultural work", "title_es": "Categoría especial para la regularización migratoria de personas extranjeras para laborar de forma temporal en el sector agropecuario", "summary_en": "This decree reforms Executive Decree No. 43527-MGP-S-MAG-MRREE-MTSS of May 5, 2022, which establishes a special temporary migratory category for agricultural workers. The reform modifies the requirements and procedures for authorizing entry and stay, including the dual application before the MTSS and DGME, the payment of immigration fees (with exemption for cross-border indigenous persons), and issuance of the Labor Traceability Card (SITLAM). Additionally, it incorporates the possibility of renewal of stay without departure for continuous agricultural activities, and repeals the original transitional provisions. It instructs the updating of the interinstitutional protocol for attending labor migration during agricultural harvests.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106119.json", "html_url": "/legal/doc/norm-106119", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106119&strTipM=TC&nValor3=0" }, { "id": "norm-106123", "citation": "Ley 10784", "section": "norms", "doc_type": "law", "title_en": "Declaration of Public Interest for Tourism, Ecological, Natural, Sports, and Cultural Development of the Sarapiquí Canton", "title_es": "Declaratoria de interés público el desarrollo turístico, ecológico, natural, deportivo y cultural del Cantón de Sarapiquí", "summary_en": "This law declares the tourism, ecological, natural, sports, and cultural development of the Sarapiquí Canton to be of public interest. It empowers the State, through centralized and decentralized public institutions—including state-owned enterprises, except those operating under competition regimes—to promote tourism infrastructure and investments under a framework of sustainable development, inclusive tourism, community-based social tourism, and proper environmental management. The measure aims to strengthen the social and economic conditions of the canton's inhabitants. Additionally, it authorizes the State to support local development initiatives and the activities of micro, small, and medium-sized tourism-related enterprises, with the goal of maintaining, protecting, and enhancing the zone's cultural heritage and assets. The law takes effect upon publication.", "primary_topic_id": null, "topic_ids": [], "date": "18/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106123.json", "html_url": "/legal/doc/norm-106123", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106123&strTipM=TC&nValor3=0" }, { "id": "norm-106160", "citation": "Decreto 45354", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Vehicle Access Permits to the National Road Network", "title_es": "Reglamento para permisos de accesos vehiculares a la Red Vial Nacional", "summary_en": "This executive decree establishes a single procedure to obtain construction (execution) and operation permits for vehicle access to any national road, including those operated under concession, trust, or other public-private partnership mechanisms. It details the stages: preliminary review by DGIT (functional impact and road safety study), no-objection by CNC or executing unit for specially-financed routes, and institutional review by DI-DVOP for design plan approval. It regulates execution permit requirements (traffic management plan, budget, work schedule, quality control plan, and performance bond), construction inspection, and issuance of the operation permit after verification. Special rules for single-family homes are included, illegal accesses are prohibited, positive silence does not apply, and previous scattered decrees are repealed. The regulation aims to unify access control, improve road safety, and protect the public road domain, setting deadlines, professional responsibilities, and sanctions.", "primary_topic_id": null, "topic_ids": [], "date": "27/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106160.json", "html_url": "/legal/doc/norm-106160", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106160&strTipM=TC&nValor3=0" }, { "id": "norm-106162", "citation": "Decreto 45361", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment Prohibition on capture, retention, transshipment, discharge, storage, transit and trade of hammerhead shark products", "title_es": "Reforma Prohibición de captura, retención, transbordo, descarga, almacenamiento, tránsito y comercialización de productos de tiburones martillo", "summary_en": "Executive Decree No. 45361 MAG-MINAE amends Decree No. 43900 to include a ban on the transit of hammerhead shark (Sphyrnidae) products and by-products in national territory. The amendment addresses a legal gap: while previous regulations banned capture, retention, transshipment, discharge, storage and trade, they did not cover transit, potentially facilitating international trade of these threatened species. The decree is grounded in international instruments such as CITES, CMS, and the ruling of the First Chamber of the Supreme Court (No. 000912-F-S1-2023), which ordered the State to take necessary measures to eradicate capture and trade and reinforced environmental protection obligations with an ecocentric perspective. Principles of precaution, prevention and environmental non-regression are invoked. The transit ban applies in jurisdictional waters, ports, airports and any entry or exit point of the country.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "25/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106162.json", "html_url": "/legal/doc/norm-106162", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106162&strTipM=TC&nValor3=0" }, { "id": "norm-10619", "citation": "Ley 4286", "section": "norms", "doc_type": "law", "title_en": "Popular Festivities Commissions Law", "title_es": "Ley de Comisiones de Festejos Populares", "summary_en": "This law establishes the legal framework for municipal popular festivity commissions. It provides that municipal councils appoint these commissions, consisting of no more than five members without special privileges, and prohibits the participation of mayors, councilors, and district representatives. It regulates the accounts settlement process, setting strict deadlines for submitting the settlement (15 days), for review by municipal auditing or accounting (60 days), and for council approval (15 days). It imposes proportional liability on commission members for rejected expenditures, exempting those who voted against them. Profits must be used for community works; in the San José Central canton, 50% goes to the Hospicio de Huérfanos. The Law on Administrative Procurement applies to commission contracts, and authorization from the Costa Rican Institute of Sport is required for events held on sports fields.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/12/1968", "year": "1968", "json_url": "/data/legal/docs/norm-10619.json", "html_url": "/legal/doc/norm-10619", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=10619&strTipM=TC&nValor3=0" }, { "id": "norm-106221", "citation": "Decreto 45477", "section": "norms", "doc_type": "executive_decree", "title_en": "Transitional Amendment on Police Training Requirements for Radiological Safety", "title_es": "Reforma transitoria para requisitos de formación policial en seguridad radiológica", "summary_en": "This executive decree amends the Radiological Protection and Safety Regulation (Decree No. 44653-S) to establish a transitional regime that allows police personnel of the Ministry of Public Security to act as Radiological Protection Officers and operators of non-intrusive inspection systems for vehicles and cargo, without meeting the regulatory educational requirements, provided they have specialized police training certified by the National Police Academy. The amendment responds to the urgency of maintaining the operation of these critical technologies for combating drug trafficking and organized crime, granting the Ministry of Health a twelve-month period to update the educational and training requirements. It is based on principles of national security and proportionality.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106221.json", "html_url": "/legal/doc/norm-106221", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106221&strTipM=TC&nValor3=0" }, { "id": "norm-106227", "citation": "norm_106227_texto", "section": "manual", "doc_type": null, "title_en": "Regulation for the Issuance and Regulation of Use Permits and Fee Payment in the Maritime Terrestrial Zone of the Canton of Talamanca", "title_es": "Reglamento para el otorgamiento y regulación de permisos de uso y pago de canon en la Zona Marítimo Terrestre del Cantón de Talamanca", "summary_en": "This municipal regulation, approved in January 2026, establishes the procedure for granting precarious and temporary use permits in the Maritime Terrestrial Zone (ZMT) of the Talamanca canton, pending approval of the Cahuita Coastal Regulatory Plan. It sets requirements, restrictions, fee assessment criteria, and exemptions. It incorporates principles of environmental sustainability and respect for indigenous peoples' rights, requiring prior consultation under ILO Convention 169 for acts affecting indigenous lands. It also sets deadlines for application review, debt collection, and permit revocation. The regulation aims to govern existing and future precarious occupations, conditioned on future transition to formal concessions.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "indigenous-law-6172" ], "date": "", "year": "", "json_url": "/data/legal/docs/norm-106227.json", "html_url": "/legal/doc/norm-106227", "source_url": "" }, { "id": "norm-106231", "citation": "Decreto 45342", "section": "norms", "doc_type": "executive_decree", "title_en": "Decree for the Sustainability of Paid Public Transportation of Persons, Bus Modality", "title_es": "Decreto para la Sostenibilidad del Transporte Público Remunerado de Personas, Modalidad Autobús", "summary_en": "Executive Decree No. 45342-MOPT establishes measures to stabilize and modernize regular route bus services. It authorizes, on a one-time basis, the Public Transportation Council to approve pending studies submitted before December 31, 2025 that reduce schedules, fleet or demand, excluding increases or route changes. It also urges the Regulatory Authority to simplify tariff adjustments to ensure financial equilibrium and service continuity, and creates a permanent working table among MOPT, CTP, ARESEP and operators to improve system sustainability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106231.json", "html_url": "/legal/doc/norm-106231", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106231&strTipM=TC&nValor3=0" }, { "id": "norm-10625", "citation": "Ley 6515", "section": "norms", "doc_type": "law", "title_en": "Law 6515 — Addition of a transitory provision to the Maritime Zone Law", "title_es": "Ley 6515 — Adición de transitorio a la Ley de la Zona Marítimo Terrestre", "summary_en": "Law 6515, enacted on November 27, 1980, adds a transitory provision (Transitory VI) to the Maritime Zone Law (Law 6043 of 1977). This provision exempts lots within the maritime zone that have been declared urban zone of district nine of the Central Canton of Puntarenas, provided they have been possessed by individuals who acquired them legitimately and maintain full possession. It also establishes a lump-sum payment of five thousand colones per hectare to the Municipal Administrative Council of Jacó or the respective canton when so ordered by law. The law takes effect upon publication and constitutes an exception to the general public domain regime of the maritime zone, allowing regularization of certain urban lots in Puntarenas.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/09/1980", "year": "1980", "json_url": "/data/legal/docs/norm-10625.json", "html_url": "/legal/doc/norm-10625", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=10625&strTipM=TC&nValor3=0" }, { "id": "norm-106255", "citation": "Decreto 45458", "section": "norms", "doc_type": "executive_decree", "title_en": "Update of the Single Fuel Tax (0.74%)", "title_es": "Actualización del Impuesto Único por Tipo de Combustible (0.74%)", "summary_en": "This executive decree adjusts the single tax per fuel type, both domestically produced and imported, by 0.74%, based on the consumer price index variation between September and December 2025. The quarterly update follows the Tax Simplification and Efficiency Law, keeping LPG at ¢24.00 per liter as per Law No. 10110. It repeals the previous adjustment decree and takes effect on February 1, 2026. The decree does not establish or modify administrative procedures, thus exempting it from prior regulatory review.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106255.json", "html_url": "/legal/doc/norm-106255", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106255&strTipM=TC&nValor3=0" }, { "id": "norm-106260", "citation": "Decreto 45474", "section": "norms", "doc_type": "executive_decree", "title_en": "Market Surveillance Regulation", "title_es": "Reglamento para la vigilancia de mercado", "summary_en": "This regulation establishes provisions and procedures for market surveillance of technical regulations, aiming to ensure that products and services marketed in Costa Rica comply with regulations and do not pose a risk to health, the environment, safety, or social and economic interests, including consumer protection and animal and plant health. It defines scope, abbreviations, and key definitions. It establishes risk-based control mechanisms, requiring National Market Surveillance Authorities (ANVM) to implement risk assessments and proportionate controls. It regulates the powers of ANVMs to inspect, sample, and request information, as well as the possibility of delegating functions to accredited Market Inspection Bodies (OIM). It details the MEIC surveillance procedure, including corrective measures, product freezing, and sampling. Finally, it regulates laboratory analysis, chain of custody, and results management, including the counter-sample and control sample figures.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106260.json", "html_url": "/legal/doc/norm-106260", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106260&strTipM=TC&nValor3=0" }, { "id": "norm-106266", "citation": "Decreto 6352", "section": "norms", "doc_type": "regulation", "title_en": "ICT Cooperation Agreements and Addenda Approval and Execution Manual", "title_es": "Manual para aprobación y ejecución de Convenios de Cooperación y Adendas del ICT", "summary_en": "This Manual from the Costa Rican Tourism Board (ICT) establishes the mandatory procedure for approving and executing cooperation agreements and addenda between the ICT and public or private entities. It regulates everything from definitions and exclusions, the formation of the administrative file, the roles of the Board of Directors, General Management, Legal Advisory, and Coordinating Unit, to signing, execution, oversight, and refunds of funds. It expressly excludes agreements under the General Management that are not cooperation agreements, placing them under its responsibility. The Manual aims to ensure administrative efficiency, adherence to the ICT's Organic Law, and control over the use of public funds in tourism projects.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106266.json", "html_url": "/legal/doc/norm-106266", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106266&strTipM=TC&nValor3=0" }, { "id": "norm-106267", "citation": "Reglamento municipal 071", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation on the Use, Maintenance and Protection of Parks and Public Spaces of the Municipality of Vázquez de Coronado", "title_es": "Reglamento sobre el uso, mantenimiento y protección de parques y espacios públicos de la Municipalidad de Vázquez de Coronado", "summary_en": "This municipal regulation establishes the framework for the comprehensive management of parks and public spaces in the canton of Vázquez de Coronado. It defines the municipality's responsibilities for maintenance, universal accessibility, safety, and conservation of flora and fauna. It regulates public use, prohibiting acts such as vandalism, damage to flora, fauna and furniture, visual contamination, consumption of alcohol and drugs, and unauthorized commercial activities. It sets sanctions for damages, including the obligation to repair the harm caused. Oversight rests with the Municipal Police, while administration may be delegated to community organizations. Citizen participation is encouraged for the continuous improvement of these spaces, all for the benefit of family enjoyment, safety, and quality of life.", "primary_topic_id": null, "topic_ids": [ "landscape-protection" ], "date": "08/09/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106267.json", "html_url": "/legal/doc/norm-106267", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106267&strTipM=TC&nValor3=0" }, { "id": "norm-106284", "citation": "Decreto 07", "section": "norms", "doc_type": "regulation", "title_en": "Regulation on Authorization for Testing, Inspection, and Repair of Fuel Transport Units", "title_es": "Reglamento de Autorización para Pruebas, Inspecciones y Reparaciones de Unidades de Transporte de Combustible", "summary_en": "This CFIA Regulation sets forth the requirements and procedures for professionals and companies to obtain express authorization to carry out and sign technical tests, inspection reports, and repair work on fuel transport units, in accordance with Executive Decree 44753-MINAE-S. It defines eligible professional profiles (Mechanical, Electromechanical, and Industrial Maintenance Engineering), mandatory training conditions with a five-year validity, and renewal mechanisms. For companies, the authorization is indefinite but conditioned on work being performed by professionals with a valid authorization. The CFIA General Board is the highest decision-making body, assisted by a Permanent Bipartite Commission and the Registration and Documentation Department. Appeals for reconsideration and motion for reversal are provided against denial or revocation decisions. The regulation does not address environmental matters, being limited to regulating professional practice and technical competence in the fuel sector.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106284.json", "html_url": "/legal/doc/norm-106284", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106284&strTipM=TC&nValor3=0" }, { "id": "norm-106287", "citation": "Decreto 003", "section": "norms", "doc_type": "regulation", "title_en": "Subdivision and Urbanization Regulation Reform", "title_es": "Reforma del Reglamento de Fraccionamiento y Urbanizaciones", "summary_en": "INVU approves a targeted reform to the Subdivision and Urbanization Regulation to enhance legal certainty and improve implementation. It adds definitions like 'agrotourism infrastructure', permitting complementary tourist uses consistent with the agricultural activity and local zoning plans. The reform updates documentary requirements for subdivision approvals, including mandatory land-use certificates specifying setbacks, coverage, and density. For agricultural to forest land-use changes, it refers to the Soil Conservation Law. Minimum lot size for agricultural, livestock, or forestry parcels is set at 5,000 m², with a maximum site coverage of 25%. Subdivisions must ensure adequate stormwater drainage and pedestrian accessibility. The reform aims to align the regulation with other sectoral and municipal norms.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "22/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106287.json", "html_url": "/legal/doc/norm-106287", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106287&strTipM=TC&nValor3=0" }, { "id": "norm-106295", "citation": "Reglamento municipal 0-1", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Operation and Administration of the Aqueduct of the Municipality of Grecia", "title_es": "Reglamento para la operación y administración del acueducto de la Municipalidad de Grecia", "summary_en": "The Regulation for the Operation and Administration of the Aqueduct of the Municipality of Grecia establishes the normative framework for the provision, billing, registration, and collection of potable water service in the central district of Grecia and surrounding areas. It is based on Article 50 of the Constitution, the Water Law, the Forestry Law (Articles 33 and 34), the Biodiversity Law, and the Organic Environmental Law, among others. It regulates everything from the application for availability and granting of new connections to suspension, reconnection, use categories, and sanctions. It highlights the creation of a water tariff exclusively for the protection and recovery of aquifer recharge zones, including the purchase of priority lands based on the 200-meter protection radius provided in the Forestry Law and the Water Law. It also conditions the provision of services to developments and subdivisions on the aquifer's water capacity and requires the transfer of infrastructure to the Municipality. The regulation incorporates public service principles: quality, continuity, efficiency, and equality, and prohibits exemptions except by express legal provision.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "23/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106295.json", "html_url": "/legal/doc/norm-106295", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106295&strTipM=TC&nValor3=0" }, { "id": "norm-106298", "citation": "Reglamento municipal 0 (Municipalidad de Moravia, 09/02/2026)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Procurement Regulations of the Municipality of Moravia", "title_es": "Reforma Reglamento de adquisiciones de la Municipalidad de Moravia", "summary_en": "This amendment modifies the Municipality of Moravia’s Procurement Regulations, adding Article 8 bis on initial decisions in exception procedures, and partially reforming Articles 13, 14, and 20. The new article requires exceptional procurement requests to justify the legal, technical, and financial reasons for using the exception and, where applicable, to conduct a market study. Approval pathways are streamlined, with some requests only needing approval from the immediate superior and the Supply Department. Fixed biannual periods for ordinary purchases are established (January and July), with exceptions for unforeseeable or urgent situations authorized by the Mayor or Council. The reform details procedures, timelines, and responsibilities for major tender, minor tender, reduced tender, and exception procedures, incorporating the Legal Advisory Directorate and technical units. The goal is to expedite and clarify municipal contracting processes in line with the General Public Procurement Law and Regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106298.json", "html_url": "/legal/doc/norm-106298", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106298&strTipM=TC&nValor3=0" }, { "id": "norm-106299", "citation": "Circular 16", "section": "norms", "doc_type": "circular", "title_en": "Circular 16-2026: Extension of temporary closure of San Joaquín DVD", "title_es": "Circular 16-2026: prórroga del cierre temporal del DVD San Joaquín", "summary_en": "Circular 16-2026 of the Judicial Branch Superior Council communicates the extension of the temporary closure of the Seized Vehicles Depot (DVD) of the San Joaquín de Flores Judicial City for the entire month of February 2026, as an extraordinary containment measure due to the critical situation of that depot. The decision, adopted in session 8-2026 on January 29, 2026, reiterates the instructions contained in Circular 227-25, directed to all criminal jurisdiction offices and prosecutors' offices in the country. These instructions require courts and prosecutors to: (1) urgently order the return of assets in custody at the DVD when appropriate, and if more than three months have passed since the interested party's notification, to place them at the disposal of the Procurement Department; (2) issue decisions on the final destination of seized assets as a priority; and (3) promptly communicate authorizations for destruction, donation, confiscation, or placement at the disposal of the Judicial Procurement Department, to both the DVD and that Department, for the final disposition of the assets. The circular aims to decongest the DVD and has no environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106299.json", "html_url": "/legal/doc/norm-106299", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106299&strTipM=TC&nValor3=0" }, { "id": "norm-106300", "citation": "Circular 17", "section": "norms", "doc_type": "circular", "title_en": "Circular 17-2026 — Expansion of Jurisdiction of Contravention Court of San Mateo", "title_es": "Circular 17-2026 — Ampliación competencia Juzgado Contravencional San Mateo", "summary_en": "Circular 17-2026, issued by the Full Court of the Supreme Court of Justice, temporarily expands the jurisdiction of the Contravention Court of San Mateo to assist in adjudicating pending traffic cases from the Contravention Court of Atenas. The expansion is a three-month remedial plan: the coordinating judge of San Mateo, Mr. Ferrán Reina, will handle only traffic matters, devoting one day per week to ruling on the oldest cases that have not had an oral hearing (those with a hearing must be decided by Atenas). The measure must not impair the service of the San Mateo court. This circular is purely an administrative and procedural court order with no environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106300.json", "html_url": "/legal/doc/norm-106300", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106300&strTipM=TC&nValor3=0" }, { "id": "norm-106318", "citation": "Ley 10779", "section": "norms", "doc_type": "law", "title_en": "Reform of the Agrarian Procedure Code", "title_es": "Reforma al Código Procesal Agrario", "summary_en": "This law reforms numerous articles of Law 9609, the Agrarian Procedure Code, to update and clarify the rules of agrarian jurisdiction. It defines its material competence to protect legal situations arising from agricultural production, processing, and marketing activities, including environmental damage between private parties and related intellectual property. It establishes the jurisdictional bodies (agrarian courts, Agrarian Tribunal, First Chamber of the Supreme Court), their functions, and the applicable procedure. It regulates aspects such as claims, answers, counterclaims, procedural incidents, expert and documentary evidence, precautionary measures, preparatory and trial hearings, and appeals and cassation. It introduces a special chapter for preferential processing of biodiversity disputes between individuals while no environmental jurisdiction exists, and provisions on environmental precautionary protection, condemnation for environmental damage, and the destination of compensation. It repeals several articles and transitory provisions of the original law. This is a comprehensive reform modernizing agrarian procedure, incorporating principles of orality, speed, and environmental protection.", "primary_topic_id": null, "topic_ids": [], "date": "29/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106318.json", "html_url": "/legal/doc/norm-106318", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106318&strTipM=TC&nValor3=0" }, { "id": "norm-106321", "citation": "Decreto 45478", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of the Live Cattle Auction Regulation", "title_es": "Derogatoria del Reglamento de Ganado en Pie en Subasta", "summary_en": "Executive Decree No. 45478-MAG-MEIC-SP expressly repeals the Regulation for the Operation and Marketing of Live Cattle at Auction and Issuance of the Veterinary Operation Certificate (Decree No. 34976). The repeal is based on the tacit replacement of said regulation by Decree No. 45285-MAG, which created legal uncertainty. The norm does not create or modify procedures, thus no regulatory improvement process was required. It is an administrative act of normative cleanup in the field of animal health and livestock marketing, with no direct environmental implications.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106321.json", "html_url": "/legal/doc/norm-106321", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106321&strTipM=TC&nValor3=0" }, { "id": "norm-106323", "citation": "Decreto 45484", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform to Decree 44394-MAG on Official Veterinary Inspectors in Slaughterhouses", "title_es": "Reforma al Decreto 44394-MAG sobre Inspectores Veterinarios en Mataderos", "summary_en": "This executive decree inserts a transitional provision into Decree 44394-MAG, which requires all animal slaughter establishments to have an official veterinarian from the National Animal Health Service (SENASA). The amendment extends the deadline for compliance to December 31, 2026, acknowledging that operational reasons prevented implementation by the original effective date (December 1, 2024). During the transitional period, establishments must have a licensed veterinary professional on hand who will provide instructions for meeting regulatory requirements and SENASA guidelines to ensure food safety. The decree does not create or modify any administrative procedures.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106323.json", "html_url": "/legal/doc/norm-106323", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106323&strTipM=TC&nValor3=0" }, { "id": "norm-106332", "citation": "Decreto 45466", "section": "norms", "doc_type": "executive_decree", "title_en": "National Interest Declaration — Gavilán del Valle de la Estrella Aqueduct", "title_es": "Declaratoria de Conveniencia Nacional — Acueducto de Gavilán del Valle de la Estrella", "summary_en": "Executive Decree No. 45466-MINAE declares the construction of an aqueduct system to supply drinking water to the Cabécar indigenous communities of Arrocera, Alto Cohen, Moi, Bella Vista, Jabuy, Boca Cohen, Gavilán and Namardí in the Tayni Indigenous Territory (Limón, Valle de la Estrella) to be of national interest. The declaration is based on the need to guarantee the human right to drinking water and improve basic sanitation for these populations, which currently lack aqueduct service and rely on untreated rainwater, streams, or household wells. The project has an environmental license granted by SETENA under file D1-0298-2022-SETENA and underwent a socio-economic analysis concluding that social benefits outweigh socio-environmental costs, with a social IRR of 35.2% and a benefit-cost ratio of 5.6. The declaration authorizes controlled tree felling on forested land and in protection areas, provided it is not State Natural Heritage, with obligations for environmental compensation, coordination with MINAE for timber use, and compliance with approved mitigation measures.", "primary_topic_id": "water-law", "topic_ids": [ "forestry-law-7575", "water-law", "indigenous-law-6172" ], "date": "06/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106332.json", "html_url": "/legal/doc/norm-106332", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106332&strTipM=TC&nValor3=0" }, { "id": "norm-106341", "citation": "Decreto 45488", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Agricultural Stewardship Regulation of the College of Agricultural Engineers", "title_es": "Reforma al Reglamento de Regencias Agropecuarias del Colegio de Ingenieros Agrónomos", "summary_en": "This executive decree reforms the Agricultural Stewardship Regulation of the College of Agricultural Engineers (Decree 26503-MAG) to modernize and strengthen control over highly toxic and restricted-use agrochemicals. It mandates the digitalization of professional prescriptions, to be issued exclusively through the electronic platform of the State Phytosanitary Service (SFE) of the Ministry of Agriculture, with a six-month transition period to exhaust physical forms. It adds definitions such as the restricted-products inventory book for traceability and oversight, establishes that the regent's recommendations are binding and must comply with SFE provisions, and classifies violations punishable under the Phytosanitary Protection Law. The reform is grounded in constitutional rights to health and the environment (arts. 46 and 50 CP) and in the principles of regulatory improvement and public administration digitalization.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "21/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106341.json", "html_url": "/legal/doc/norm-106341", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106341&strTipM=TC&nValor3=0" }, { "id": "norm-106349", "citation": "Acuerdo 028", "section": "norms", "doc_type": "agreement", "title_en": "Closure for Gulf of Nicoya Sardine Opisthonema spp. for 2026", "title_es": "Veda de sardina Opisthonema spp. en el Golfo de Nicoya para 2026", "summary_en": "INCOPESCA Agreement AJDIP/028-2026 establishes a fishing closure for Opisthonema spp. sardines in the Gulf of Nicoya from March 1 to June 1, 2026, using any type of net. The closed area is defined by coordinates outlining a marine polygon. However, an exception allows fishing once a week for 12 daytime hours to supply bait to the commercial fleet, within a specified conditioned zone. Vessel owners must submit a monthly schedule and coordinate landing inspections. It includes obligations for institutional inspection, limits on incidental catch, and coordination with the National Coast Guard Service to control illegal fishing. The agreement aims to protect the resource during its reproductive stage while maintaining a limited bait supply.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "19/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106349.json", "html_url": "/legal/doc/norm-106349", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106349&strTipM=TC&nValor3=0" }, { "id": "norm-106351", "citation": "Decreto 45492", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of RTCR 321:1998 Standard on Registration of Agricultural Application Equipment", "title_es": "Derogatoria de la Norma RTCR 321:1998 sobre Registro de Equipos de Aplicación Agrícola", "summary_en": "Executive Decree No. 45492-MAG-MEIC expressly repeals the RTCR 321:1998 Standard, which regulated the registration and examination of equipment for applying chemical, biological, biochemical, or similar substances for agricultural use. This repeal is performed to avoid legal confusion, since the standard had already been tacitly repealed by Executive Decree No. 45244-MAG of September 2025. The decree is based on the Plant Protection Law (No. 7664) and was notified to the National Technical Regulation Council (Conart), which issued no recommendations. It does not create or modify procedures, so it did not require a regulatory improvement process. The repeal takes effect upon publication in the Official Gazette La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106351.json", "html_url": "/legal/doc/norm-106351", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106351&strTipM=TC&nValor3=0" }, { "id": "norm-106352", "citation": "Decreto 46", "section": "norms", "doc_type": "regulation", "title_en": "Probity, Ethics, and Anticorruption Regulation and Complaint Guide of INCOPESCA", "title_es": "Reglamento de Probidad, Ética y Anticorrupción y Guía de Denuncias del INCOPESCA", "summary_en": "This regulation sets out ethical and probity duties for all personnel of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA), including Board members and external representatives. It defines principles such as transparency, accountability, and integrity, and lists prohibited conduct: conflicts of interest, nepotism, receipt of benefits, misuse of assets, and disclosure of confidential information. It regulates the use of the institutional uniform and conduct on social media. It creates a Values and Ethics Commission to promote compliance and advise on disciplinary procedures. It incorporates a guide for receiving and processing complaints of alleged breaches of probity, ensuring confidentiality and protection for whistleblowers, and sets response deadlines: 10 working days for admissibility and 30 working days for a preliminary investigation report. Violations are sanctioned under the Law against Corruption and Illicit Enrichment (No. 8422), the Autonomous Service Regulation, and related regulations, including the possibility of dismissal without employer liability for duly proven serious misconduct.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106352.json", "html_url": "/legal/doc/norm-106352", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106352&strTipM=TC&nValor3=0" }, { "id": "norm-106353", "citation": "Acuerdo 011", "section": "norms", "doc_type": "agreement", "title_en": "Approval of Transition Plan for Anti-Bribery Standard and Reform of Accreditation Criteria", "title_es": "Aprobación de Plan de Transición a Norma Antisoborno y Reforma de Criterios de Acreditación", "summary_en": "The Costa Rican Accreditation Entity (ECA) announces the approval of procedure ECA-MC-PT30, establishing the transition plan for the new standard INTE/ISO 37001:2025 on anti-bribery management systems, and the update to version 13 of procedure ECA-MC-C10, containing criteria for evaluating the standards INTE/ISO 17029 and INTE/ISO 14065, related to the accreditation of validation and verification bodies, including those operating in the field of greenhouse gases and environmental statements. The modified documents are available on ECA's website and at its offices. Standard ISO 37001 addresses measures to prevent, detect, and address bribery in organizations, while standards ISO 17029 and ISO 14065 deal with the competence and evaluation of bodies performing validation and verification of environmental statements, including greenhouse gas statements, relevant to carbon footprint verification and other environmental management instruments.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106353.json", "html_url": "/legal/doc/norm-106353", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106353&strTipM=TC&nValor3=0" }, { "id": "norm-106357", "citation": "Acuerdo 011-B", "section": "norms", "doc_type": "agreement", "title_en": "Criteria for the assessment of INTE/ISO 17029 and INTE/ISO 14065 (version 13)", "title_es": "Criterios para la evaluación de INTE/ISO 17029 e INTE/ISO 14065 (versión 13)", "summary_en": "This document from the Costa Rican Accreditation Body (ECA) establishes the reference criteria for the assessment and accreditation of Validation/Verification Bodies (VVBs) for environmental information in accordance with INTE/ISO/IEC 17029 and INTE/ISO 14065. It details additional and sector-specific requirements that VVBs must meet for programs such as the Country Climate Leadership Program (PPLC), the National Environmental Labeling Program (PNEA), GHG inventories under ISO 14064-1, validation of GHG projects under ISO 14064-2, carbon neutrality under ISO 14068-1, the CORSIA scheme, and other environmental footprint programs. It incorporates the IAF Mandatory Document MD 6:2024, which provides harmonized guidance for VVB assessment. The objective is to ensure technical competence, impartiality, and rigor in the validation and verification of environmental claims, thereby enhancing the reliability of information on emissions, removals, and environmental performance.", "primary_topic_id": null, "topic_ids": [], "date": "16/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106357.json", "html_url": "/legal/doc/norm-106357", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106357&strTipM=TC&nValor3=0" }, { "id": "norm-106358", "citation": "Tratados Internacionales 10842", "section": "norms", "doc_type": "treaty", "title_en": "Accession to the 1996 Protocol on Dumping of Waste at Sea", "title_es": "Adhesión al Protocolo de 1996 sobre Vertimiento de Desechos en el Mar", "summary_en": "This law approves Costa Rica's accession to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, along with its subsequent amendments. The Protocol, known as the London Protocol, establishes a general prohibition on dumping any wastes at sea, except those listed in Annex 1 (dredged material, sewage sludge—though later amendments removed it—, fish waste, vessels and platforms, inert geological material, organic material of natural origin, and carbon dioxide streams for sequestration). Costa Rica enters a reservation to articles 21 and 22 regarding the amendment procedure, making the entry into force of future amendments subject to internal constitutional processes. The law incorporates all amendments up to 2022, including regulation of ocean fertilization and removal of sewage sludge from the list of permissible wastes. It becomes law of the land upon publication in 2026.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "10/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106358.json", "html_url": "/legal/doc/norm-106358", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106358&strTipM=TC&nValor3=0" }, { "id": "norm-106359", "citation": "Tratados Internacionales 10842-A", "section": "norms", "doc_type": "treaty", "title_en": "1996 London Protocol — Dumping of Wastes at Sea", "title_es": "Protocolo de Londres 1996 — Vertimiento de Desechos en el Mar", "summary_en": "This law approves Costa Rica's accession to the 1996 Protocol to the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, also known as the London Protocol. The international instrument establishes a general prohibition on dumping any waste at sea, with a limited list of permitted materials (e.g., dredged materials, fish waste) that require a prior permit subject to strict impact assessments and waste management evaluations. It also prohibits incineration at sea and regulates for the first time marine geoengineering activities, such as ocean fertilization, permitted only for legitimate scientific research. The Protocol incorporates the precautionary principle, the 'polluter pays' principle, and the obligation not to transfer harm from one environmental medium to another. Costa Rica enters a reservation regarding the automatic entry into force of amendments, requiring legislative approval for substantial modifications.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "10/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106359.json", "html_url": "/legal/doc/norm-106359", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106359&strTipM=TC&nValor3=0" }, { "id": "norm-106402", "citation": "Decreto 45507", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Regionalized Solid Waste Management Regulation", "title_es": "Reforma al Reglamento de Gestión Regionalizada de Residuos Sólidos", "summary_en": "Executive Decree No. 45507-S amends the Regulation for the regionalized management of solid, ordinary, and organic waste (Decree 44974-S) to introduce temporary and permanent exceptions to the transfer of waste to environmental parks outside the designated region. The amendment responds to the emergency caused by the depletion of existing sanitary landfills and the lack of infrastructure. It modifies Articles 9 and 10 and adds Article 9 bis and a transitional provision. It allows municipalities to request justified exceptions due to adverse geographical conditions, insufficient road infrastructure, or the absence of environmental parks in their region. The decree sets strict documentary requirements, validity periods (2 years for temporary exceptions, 5 years renewable for geographical ones), monitoring by the Ministry of Health, and sanctions for non-compliance. It also includes a special regime for waste management in cases of natural disasters declared by the CNE.", "primary_topic_id": null, "topic_ids": [], "date": "02/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106402.json", "html_url": "/legal/doc/norm-106402", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106402&strTipM=TC&nValor3=0" }, { "id": "norm-106441", "citation": "Decreto 006", "section": "norms", "doc_type": "regulation", "title_en": "JAPDEVA Institutional Email Use Regulation", "title_es": "Reglamento de uso del correo electrónico institucional de JAPDEVA", "summary_en": "This JAPDEVA decree approves the Institutional Email Use Regulation, setting forth rules for proper use of email accounts provided for work purposes. It defines responsibilities, prohibitions, mass mailing procedures, and security measures, including potential two-factor authentication implementation. It emphasizes respect for communications secrecy—accessing email content is barred without legal or judicial authorization, though technical backups are allowed with express user consent. Violations lead to disciplinary penalties. Any prior internal email use rules are repealed; it takes effect upon publication in La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106441.json", "html_url": "/legal/doc/norm-106441", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106441&strTipM=TC&nValor3=0" }, { "id": "norm-106443", "citation": "Reglamento municipal 0 (Municipalidad de Cartago, 27/01/2026)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Errata to the Cartago Regulatory Plan Regulation", "title_es": "Fe de Erratas al Reglamento del Plan Regulador de Cartago", "summary_en": "Corrects material errors and cross-referencing mistakes in the current Regulatory Plan Regulation of the Cartago canton. The Municipal Council unanimously approved specific amendments to Article 578 (land-use zoning, clarifying that lot sizes apply only to lots fronting a public road and updating the Annex 2 table with permitted, conditional, and non-conforming uses), Article 578 (replacing the erroneous reference to Article 586.3 with the correct reference to Article 575.3(d)), and Articles 519 (removing subsection a and renumbering the subsequent subsections) and 520 (correcting coverage to 40%). The corrections do not alter the substantive content of the original regulatory plan; they only fix drafting, numbering, and cross-referencing errors to provide legal certainty in its application.", "primary_topic_id": null, "topic_ids": [], "date": "27/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106443.json", "html_url": "/legal/doc/norm-106443", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106443&strTipM=TC&nValor3=0" }, { "id": "norm-106453", "citation": "Reglamento municipal 091", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation on Use of Jorge Debravo Recreational Public Park", "title_es": "Reglamento de uso del Parque Público Recreativo Jorge Debravo", "summary_en": "This municipal regulation establishes rules for the use, conservation, and protection of the Jorge Debravo Recreational Public Park in Turrialba. It defines the park as a public domain asset intended for recreation and civic coexistence, subject to environmental protection. It regulates hours of operation, free and universal admission, and sets user obligations such as responsible use of facilities, proper waste disposal, and respect for vegetation and wildlife. Prohibited actions include damaging infrastructure, consuming alcohol or drugs, excessive noise, camping, using motor vehicles, lighting fires, and abandoning pets. Organized or commercial activities require authorization from the Municipal Council. The Mayor and Council are responsible for administration and oversight, with support from the Municipal Police and Public Force. Violations may result in verbal warning, removal from the park, fines, or criminal complaints, and material damage entails repair obligations.", "primary_topic_id": null, "topic_ids": [], "date": "20/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106453.json", "html_url": "/legal/doc/norm-106453", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106453&strTipM=TC&nValor3=0" }, { "id": "norm-106454", "citation": "Reglamento municipal 092", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Use and Loan of Rafael Quesada Casal Park", "title_es": "Reglamento para el uso y préstamo del Parque Rafael Quesada Casal", "summary_en": "This municipal regulation, issued by the Municipality of Turrialba, establishes the rules for the use and loan of Rafael Quesada Casal Park, located in the central district of the canton. It defines the permit application procedures before the Municipal Council, with requirements such as submission 15 days in advance and minimum content of the request. It details user obligations, the allowed schedule from 10 a.m. to 8 p.m., and a broad catalog of prohibitions including unauthorized activities, damage to flora and structures, consumption of alcohol and drugs, and the circulation of vehicles and skateboards. It assigns direct administration of the park to the Mayor's Office and the authorization of uses to the Council, with exceptions for emergencies. Official municipal activities have absolute priority. It does not address substantive environmental topics; it is an act of local administration of recreational public spaces.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106454.json", "html_url": "/legal/doc/norm-106454", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106454&strTipM=TC&nValor3=0" }, { "id": "norm-106495", "citation": "Decreto 001", "section": "norms", "doc_type": "regulation", "title_en": "Internal Regulations of the JAPDEVA Board of Directors", "title_es": "Reglamento Interno de la Junta Directiva de JAPDEVA", "summary_en": "This document establishes the operating rules for the Board of Directors of the Atlantic Coast Port and Economic Development Administration (JAPDEVA). It regulates aspects such as the convening and conduct of ordinary and extraordinary sessions, the agenda, decision-making, the drafting and custody of minutes, and the in-person, virtual or hybrid participation of directors. Details are provided on quorum, voting, conflicts of interest, and the finality and revocation of agreements. It also requires sessions to be recorded and tapes preserved, and assigns the General Secretariat responsibility for document management. The text includes transitory provisions for implementation and official publication. In short, it is an internal administrative regulation aimed at organizing the functioning of this port entity's collegiate body, without references to environmental or other substantive legal matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106495.json", "html_url": "/legal/doc/norm-106495", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106495&strTipM=TC&nValor3=0" }, { "id": "norm-106498", "citation": "Reglamento municipal 129", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Matina Road Cleaning and Park Maintenance Regulation", "title_es": "Reglamento de Aseo de Vías y Mantenimiento de Parques de Matina", "summary_en": "This municipal regulation establishes the framework for charging and providing street, gutter, and public space cleaning services as well as park and green area maintenance in the Canton of Matina. It defines the service activities, including sidewalk sweeping and tree pruning within the municipal right-of-way. It imposes a quarterly fee on property owners, calculated on the effective cost of the service plus a 10% development surcharge and a 10% administrative expense, distributed according to property value as per Article 83 of the Municipal Code. The Municipal Environmental Management Department is responsible for execution, and users' obligations are detailed, such as maintaining open drainage channels crossing their properties and reporting tree hazards. A sanctioning procedure with right of defense is provided, along with the possibility of subsidiary execution with a 50% surcharge plus 10% administrative utility in cases of recalcitrance.", "primary_topic_id": null, "topic_ids": [], "date": "16/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106498.json", "html_url": "/legal/doc/norm-106498", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106498&strTipM=TC&nValor3=0" }, { "id": "norm-106519", "citation": "Decreto 6721-B", "section": "norms", "doc_type": "regulation", "title_en": "Eligibility Application Procedure for Energy Sale Projects and Existing Plants under Chapter I of Law 7200", "title_es": "Procedimiento para la Solicitud de Elegibilidad de Proyectos y Plantas Existentes para Venta de Energía Capítulo I, Ley N°7200", "summary_en": "This procedure by the Costa Rican Electricity Institute (ICE) governs the process for private companies and cooperatives to request an eligibility determination for electricity generation projects or existing plants under Chapter I of Law 7200. Eligibility is a prerequisite for signing power purchase agreements with ICE. The document details the responsibilities of various ICE units (Board of Directors, General Management, Electricity Management, Generation Division, Wholesale Energy Trading Process, Legal Division, Planning and Sustainability Directorate, and Finance Management) in receiving applications, verifying legal, technical, and financial requirements, conducting connection studies, issuing resolutions, and handling appeals. It establishes rejection grounds and deadlines (120 calendar days). It repeals the previous version and takes effect upon publication in the Official Gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106519.json", "html_url": "/legal/doc/norm-106519", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106519&strTipM=TC&nValor3=0" }, { "id": "norm-106521", "citation": "Decreto 6721-D", "section": "norms", "doc_type": "regulation", "title_en": "Procedure for Formalizing Contracts for the Purchase of Energy Surpluses through Selection Processes, Chapter I, Law No. 7200, Version 2", "title_es": "Procedimiento para la Formalización de Contratos para Compra de Excedentes de Energía por Procesos de Selección, Capítulo I, Ley N°7200, versión 2", "summary_en": "This document establishes the internal procedure of the Costa Rican Electricity Institute (ICE) for formalizing contracts for the purchase of surplus electricity from private producers selected through competitive processes, under Chapter I of Law No. 7200. It regulates activities from verifying prerequisites —including environmental feasibility (SETENA), water concessions, and generation public service concessions (ARESEP), as well as approval of the feasibility report— to contract drafting, negotiation, signing, and approval. It assigns detailed responsibilities to the General Management, Electricity Management, Generation Division, Wholesale Marketing Process, Legal Division, DOCSE, DGSNR, Finance Management, and other units. The procedure ensures that contracting autonomous or parallel generation of up to 20 MW (hydro, wind, solar, biomass) complies with sector regulations and guarantees the safety and continuity of the National Electric System. It repeals version 1 of the procedure and takes effect upon publication in La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106521.json", "html_url": "/legal/doc/norm-106521", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106521&strTipM=TC&nValor3=0" }, { "id": "norm-106522", "citation": "Decreto 6721-C", "section": "norms", "doc_type": "regulation", "title_en": "Procedure for Modification or Signing of Contracts for Purchase of Surplus Energy from Existing Plants, Chapter I, Law No. 7200, Version 2", "title_es": "Procedimiento para la modificación o suscripción de contratos de compra de excedentes de energía con plantas existentes, Capítulo I, Ley N° 7200, versión 2", "summary_en": "This internal procedure of the Costa Rican Electricity Institute (ICE), approved by its Board of Directors in session 6721 on February 12, 2026, regulates the activities for modifying existing contracts or signing new contracts for the purchase of surplus electric energy from existing generation plants under Chapter I of Law No. 7200. It covers from the expression of interest by the private producer, convenience analysis by ICE, technical inspections, to the formalization and endorsement of the contract by the Regulatory Authority of Public Services (ARESEP). It establishes responsibilities of various ICE departments and the required legal and technical documents. It repeals version 1 of the procedure.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106522.json", "html_url": "/legal/doc/norm-106522", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106522&strTipM=TC&nValor3=0" }, { "id": "norm-106543", "citation": "Resolución 0002-1", "section": "norms", "doc_type": "resolution", "title_en": "General Management Plan for the Barra del Colorado Marine Management Area", "title_es": "Plan General de Manejo del Área Marina de Manejo Barra del Colorado", "summary_en": "This resolution by the National Council of Conservation Areas (CONAC) officially adopts the 2026-2030 General Management Plan for the Barra del Colorado Marine Management Area, a protected marine-coastal area of approximately 66,782 hectares in Costa Rica's North Caribbean. The plan establishes a zoning scheme with two categories: Minimum Intervention Zone (ZMI, 47.65% of the area) and Low Intervention Zone (ZBI, 52.35%), defining permitted and prohibited uses. Prohibited activities include industrial fishing, hydrocarbon exploration, civil and port works, and anchoring of large vessels. Permitted uses include sport and tourism fishing with rod and reel, scientific research, wildlife-watching ecotourism, and innocent passage navigation. The plan includes strategic programs covering social, administrative, and natural resources domains, with targets and indicators through 2030, emphasizing community participation, research, and climate change adaptation. The resolution details the consultation and approval process by the Technical Scientific Committee, the Regional Council, and CONAC, and sets a five-year implementation period with a mid-term evaluation.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "10/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106543.json", "html_url": "/legal/doc/norm-106543", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106543&strTipM=TC&nValor3=0" }, { "id": "norm-106547", "citation": "Decreto 45530", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the National Maritime Protection Committee", "title_es": "Reglamento del Comité Nacional de Protección Marítima", "summary_en": "This executive decree establishes the National Maritime Protection Committee as an inter-institutional body attached to the Ministry of Public Works and Transport (MOPT) to strengthen the protection of ships and port facilities in Costa Rica. The Committee comprises high-level representatives from eleven government entities and the port sector, and its functions include developing national maritime protection strategies, promoting inter-institutional coordination, identifying risks, issuing technical criteria, and facilitating the implementation of the International Ship and Port Facility Security Code (ISPS Code) and the SOLAS Convention. A confidentiality regime for sensitive information is established with three access categories, and quarterly monitoring reports are required. The Committee will meet at least every three months and may hold extraordinary sessions in response to threats to maritime protection. Its agreements serve as inter-institutional coordination criteria, without prejudice to each institution's own legal powers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106547.json", "html_url": "/legal/doc/norm-106547", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106547&strTipM=TC&nValor3=0" }, { "id": "norm-106553", "citation": "Resolución 007", "section": "norms", "doc_type": "resolution", "title_en": "Management Plan for Golfito National Wildlife Refuge", "title_es": "Plan General de Manejo del Refugio Nacional de Fauna Silvestre Golfito", "summary_en": "This resolution approves and formalizes the General Management Plan (PGM) for the Golfito National Wildlife Refuge for the period 2024-2033. The PGM is the guiding instrument that defines zoning, conservation objectives, and permitted activities within the refuge, to ensure its effective management. It establishes three intervention zones —minimum, medium, and high— based on land tenure and ecosystem status, and regulates uses such as ecotourism, research, protection, and productive activities. It incorporates provisions on forestry use up to 10% on private properties, applying the precautionary principle, and on water resource protection. The plan aims for ecological integrity, connectivity with Piedras Blancas National Park, and climate change resilience, through programs coordinated with the Osa Conservation Area.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788" ], "date": "29/01/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106553.json", "html_url": "/legal/doc/norm-106553", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106553&strTipM=TC&nValor3=0" }, { "id": "norm-106564", "citation": "Circular 001", "section": "norms", "doc_type": "circular", "title_en": "Absolute prohibition on the use of fish aggregating devices (FADs)", "title_es": "Prohibición absoluta del uso de dispositivos agregadores de peces (FADs)", "summary_en": "Circular Carta-MOPT-2026-001, issued by the Ministry of Public Works and Transport, establishes an absolute prohibition on installing, anchoring, maintaining, using, transporting, promoting, or exploiting Fish Aggregating Devices (FADs) in Costa Rican jurisdictional waters. The measure is based on a Constitutional Chamber ruling (2025039367 of November 28, 2025), the precautionary principle, the right to a healthy and ecologically balanced environment, the Fisheries and Aquaculture Law No. 8436, and maritime safety regulations. The circular warns that these actions can lead to criminal liability under the Penal Code, including aggravated damage to public domain property, usurpation, environmental crimes, and endangerment to navigation. Competent authorities, such as Port Captaincies, Coast Guard, INCOPESCA, and ICT, have a duty to seize the devices, gather evidence, and report to the Public Prosecutor's Office. The circular is of mandatory and immediate compliance, and ignorance of it does not exempt from liability.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "art-50-constitution" ], "date": "24/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106564.json", "html_url": "/legal/doc/norm-106564", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106564&strTipM=TC&nValor3=0" }, { "id": "norm-106572", "citation": "Decreto 45522", "section": "norms", "doc_type": "executive_decree", "title_en": "Ban on fipronil in agricultural products", "title_es": "Prohibición del fipronil en productos agrícolas", "summary_en": "This executive decree prohibits the registration, import, export, manufacture, formulation, repackaging, storage, sale, mixing, commercialization, and use in Costa Rica of formulated agricultural products containing the active ingredient fipronil, due to its high toxicity to bees and other pollinating insects. It establishes a 12‑month grace period for existing registrations, followed by 24 months during which sale is allowed only by professional prescription. After the 24‑month deadline, application of fipronil is fully banned in all crops and formulations, except for phytosanitary emergencies declared by the Executive Branch. The measure is based on protecting food security, biodiversity, and pollination ecosystem services, in compliance with Constitutional Court rulings and the Plant Protection Law.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "12/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106572.json", "html_url": "/legal/doc/norm-106572", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106572&strTipM=TC&nValor3=0" }, { "id": "norm-106577", "citation": "Decreto 779", "section": "norms", "doc_type": "regulation", "title_en": "Amendment to the Regulation for the Allocation and Distribution of the Economic Assistance Fund for Surplus Regime Sugar Cane Producers", "title_es": "Reforma al Reglamento del Fondo de Asistencia Económica de Productores en Régimen de Excedentes", "summary_en": "The Board of Directors of LAICA, during session No. 779 on March 17, 2026, amended the Regulation for the Allocation and Distribution of the Economic Assistance Fund for Surplus Regime Producers by adding two new articles. New Article 5 allows for provisional advances and economic compensations to small and medium independent sugar cane producers during the harvest, charged to the Fund, to mitigate the difference between the quota price and the surplus price. These compensations are calculated based on estimates from the Technical Department and the recommendation of the Grouping Committee, and are adjusted at the end of the harvest according to final quota coverage. Article 6 provides that if, after covering 100% of the economic differential for Fund beneficiaries, there is a remaining surplus, the Board may allocate it to increase the quota liquidation value per kilogram of sugar for qualifying producers, excluding new producers and those with questionable deliveries.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106577.json", "html_url": "/legal/doc/norm-106577", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106577&strTipM=TC&nValor3=0" }, { "id": "norm-106618", "citation": "Reglamento municipal 90", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Mora Cantonal Regulation on Mobile Commerce", "title_es": "Reglamento Municipal de Comercio sobre Ruedas del Cantón de Mora", "summary_en": "This regulation, approved by the Municipality of Mora by Agreement ACM-90-03-2026 during the session of January 21, 2026, implements the Special Law on Mobile Commerce (Law No. 10,254) within the canton of Mora. It sets out the requirements, procedures, and limitations for natural or legal persons to obtain municipal authorization to place and operate mobile commerce units on public spaces, under a precarious license for a renewable maximum period of twelve months. It defines key terms such as sidewalk, public road, alignment, and usable area, and details application requirements including approval from Urban Development and Control, road alignment depending on whether it is a national or cantonal road, and, for the Quitirrisí Indigenous Territory, approval from the Directive Council. It establishes municipal responsibilities for controlling visual pollution, waste, and pedestrian mobility compliance, as well as the rights and prohibitions of licensees, including a ban on selling alcoholic beverages. It regulates advance payment of a usage fee and business tax, and provides sanctions such as a 72-hour precautionary closure and fines for repeat offenses. The purpose is to promote commerce, citizen security, and orderly use of public space.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/01/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106618.json", "html_url": "/legal/doc/norm-106618", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106618&strTipM=TC&nValor3=0" }, { "id": "norm-106624", "citation": "Decreto 45259", "section": "norms", "doc_type": "executive_decree", "title_en": "Revocation of public utility declaration for the Osa Birds Research and Conservation Association", "title_es": "Derogatoria de declaratoria de utilidad pública de la Asociación Aves de Osa Investigación y Conservación", "summary_en": "Executive Decree No. 45259-MJP revokes the public utility declaration granted to the Osa Birds Research and Conservation Association (Asociación Aves de Osa Investigación y Conservación) under Decree No. 43488-MJP of 2021. The measure responds to a formal resignation submitted by the association's legal representative, following the procedure established in Article 33 ter of the Regulations to the Associations Law, which allows revocation without further proceedings upon the beneficiary's resignation. The decree orders notification to the Associations Registry, the Ministry of Finance, the Tax Administration, and the National Property Registry for appropriate actions, and takes effect upon publication. The association thereby loses the status that allowed it to receive tax-deductible donations and other fiscal benefits, although its legal personality and ordinary operations remain unaffected.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/09/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106624.json", "html_url": "/legal/doc/norm-106624", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106624&strTipM=TC&nValor3=0" }, { "id": "norm-106637", "citation": "Decreto 45525", "section": "norms", "doc_type": "executive_decree", "title_en": "International Health Control Regulation for Vessels", "title_es": "Reglamento para el control sanitario internacional de embarcaciones", "summary_en": "Executive Decree 45525-S establishes health measures for vessels entering, transiting, or departing Costa Rican ports on international voyages, in compliance with the International Health Regulations (IHR 2005) and the General Health Law. The regulation covers the process for requesting and granting free pratique, issuance of Ship Sanitation Certificates (Control and Exemption), health inspections, fees, sanitary emergencies, and sanctions for non-compliance. It defines the obligations of captains and shipping agents, required documentation, and procedures upon suspicion of communicable diseases. It includes provisions on personal protective equipment for inspectors, waste management, water and food quality, and vector control. Implementation of fees is deferred for six months to allow the Ministry of Health to arrange necessary logistics.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106637.json", "html_url": "/legal/doc/norm-106637", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106637&strTipM=TC&nValor3=0" }, { "id": "norm-106679", "citation": "Decreto 45674", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to RTCR 509:2022 on Pesticides and Equivalence Registration", "title_es": "Reforma al RTCR 509:2022 sobre Plaguicidas y Registro por Equivalencia", "summary_en": "This executive decree amends Technical Regulation RTCR 509:2022, which governs the registration of formulated synthetic pesticides, technical-grade active ingredients (TGAI), adjuvants, and related substances for agricultural use in Costa Rica. The amendment focuses on two points: the definition of confidential information (section 4.41) and the procedure for equivalence registration using a reference profile (section 10.3.1). Regarding confidential information, it clarifies that only authorized officials of the State Phytosanitary Service (SFE) may access it. For the reference profile, it must be a TGAI registered with complete data; the registrant must specify which profile they wish to reference. The SFE will maintain reference profiles even if the original registration is canceled or expires, guaranteeing that the data will not be used unfairly, and will publish available profiles on its website. The reform is based on the need for clarity and applicability, aligning with the Undisclosed Information Law and the FAO International Code of Conduct. It underwent an abbreviated public consultation due to urgency.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106679.json", "html_url": "/legal/doc/norm-106679", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106679&strTipM=TC&nValor3=0" }, { "id": "norm-106762", "citation": "Reglamento municipal 0 (Municipalidad de Cartago, 10/03/2026)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Cartago Urban Tree Management Regulation", "title_es": "Reglamento municipal sobre la gestión del arbolado urbano de Cartago", "summary_en": "This Cartago Municipal regulation establishes a comprehensive framework for planning, planting, maintenance, protection, and removal of trees, shrubs, and herbaceous plants within the canton's urban green infrastructure. It defines principles such as climate adaptation, environmental justice, and participatory design, and assigns municipal obligations including the creation of a Technical Tree Team and a Master Plan. The rule details intervention phases (identification, planning, execution, maintenance, and monitoring), technical criteria for species selection, planting distances, risk management, and phytosanitary protocols. For real estate developments, it requires tree management plans, preservation of existing trees, and mandatory replacement. It also creates a heritage tree declaration process and establishes administrative sanctions based on the Organic Environmental Law.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "10/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106762.json", "html_url": "/legal/doc/norm-106762", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106762&strTipM=TC&nValor3=0" }, { "id": "norm-106768", "citation": "Reglamento municipal 094", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Stormwater Discharge Authorization Regulation", "title_es": "Reglamento para la autorización de desfogue de aguas pluviales", "summary_en": "This municipal regulation of Curridabat sets the technical and administrative requirements for obtaining stormwater discharge authorization for projects with a total building footprint exceeding 500 m². It mandates the implementation of stormwater detention systems to mitigate hydrometeorological risks and protect water resources, including the submission of a hydrological and hydraulic study prepared by a qualified professional. The regulation details design parameters such as a minimum 50-year return period for the design storm and 25 years for the storm sewer, specific runoff coefficients, and the requirement that the detention system not generate a flow greater than 75% of what the property's initial green condition would produce. It also regulates discharges to natural water bodies, prohibiting discharges into piped watercourses with hydraulic capacity problems, and establishes penalties for non-compliance under the Construction Law. The stormwater discharge permit is valid for three years and must be processed through the Department of Integrated Risk Management.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "17/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106768.json", "html_url": "/legal/doc/norm-106768", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106768&strTipM=TC&nValor3=0" }, { "id": "norm-106770", "citation": "Resolución 020", "section": "norms", "doc_type": "resolution", "title_en": "Temporary Flexibility for Legalization of Foreign Documents for Fertilizers", "title_es": "Flexibilización temporal de legalización de documentos extranjeros para fertilizantes", "summary_en": "This administrative resolution by the Ministry of Agriculture and the State Phytosanitary Service, in response to international conflicts hindering the acquisition of apostilles and consular legalizations, authorizes for one year the acceptance of foreign documents without that requirement for procedures involving registration, modification, renewal, and updating of fertilizers and agricultural amendments. The measure, exceptional and temporary, does not exempt from technical and sanitary control by the authority. It also extends the deadline for updating registrations until May 4, 2027, and requires registrants to complete legalization within six months after the expiration period, under warning of suspension or cancellation of registrations. The resolution is based on principles of public interest, food security, administrative efficiency, and proportionality, invoking the constitutional right to a healthy environment and phytosanitary protection.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/04/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106770.json", "html_url": "/legal/doc/norm-106770", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106770&strTipM=TC&nValor3=0" }, { "id": "norm-106772", "citation": "Decreto 45675", "section": "norms", "doc_type": "executive_decree", "title_en": "National System for Individual Identification and Traceability of Cattle", "title_es": "Sistema Nacional de Identificación Individual y Rastreabilidad del Ganado Bovino", "summary_en": "This executive decree amends Decree No. 44336 to adjust the procedures of the National System for Individual Identification and Traceability of Cattle, created in 2024. The modifications emphasize the digital nature of the official movement permit, mandatory for all cattle transport on public roads, and detail the processes for identification, registration, and reidentification of animals using the Official Individual Identification Device (DIIO). It mandates that all cattle be identified and registered in the system, and prohibits the movement, trade, or slaughter of unregistered animals. The reforms aim to strengthen traceability, improve sanitary and epidemiological control, and prevent cattle theft, facilitating compliance through digital tools managed by the National Animal Health Service (SENASA). The decree also repeals obsolete provisions from the 2013 regulation and establishes a six-month transition period for identifying animals not yet registered.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106772.json", "html_url": "/legal/doc/norm-106772", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106772&strTipM=TC&nValor3=0" }, { "id": "norm-106785", "citation": "Reglamento municipal 0 (Municipalidad de San Carlos, 05/12/2025)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Operation and Administration of the San Carlos Municipal Aqueduct", "title_es": "Reglamento para operación y administración del acueducto municipal de San Carlos", "summary_en": "This municipal regulation, approved in December 2025, establishes the comprehensive framework for the provision of drinking water services by the Municipality of San Carlos. It governs everything from basic definitions, application and connection procedures, and the obligations of both subscribers and the municipality, to billing, collection, and penalties for misuse. It incorporates key provisions on the protection of water sources and watersheds, including the possibility of establishing an environmental fee to fund their conservation. It also details requirements for subdivisions, service individualization, use categories (residential, commercial, social), and administrative complaint mechanisms. The regulation emphasizes that access to drinking water is an undeniable human right and seeks to guarantee a continuous, efficient, and equitable service, aligned with a cost-plus-10%-development-return principle, social equity, and environmental sustainability.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "05/12/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106785.json", "html_url": "/legal/doc/norm-106785", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106785&strTipM=TC&nValor3=0" }, { "id": "norm-106802", "citation": "Resolución 005", "section": "norms", "doc_type": "resolution", "title_en": "General Management Plan for the ACG Protected Wildlands Block 2024-2033", "title_es": "Plan General de Manejo del bloque de ASP del ACG 2024-2033", "summary_en": "This resolution approves and brings into effect the updated General Management Plan for the Protected Wildlands Block of the Guanacaste Conservation Area (ACG), valid for ten years. The plan establishes conservation targets, focal management elements for terrestrial and marine-coastal ecosystems, prioritized threats, zoning, and nine strategic projects for area administration. It covers approximately 120,000 terrestrial hectares and 43,000 marine hectares, including Santa Rosa, Guanacaste, and Rincón de la Vieja National Parks, as well as wildlife refuges and other conservation lands. Zoning allocates over 91% of the terrestrial area and 99% of the marine area to minimal or no intervention. The plan was endorsed by the ACG Regional Council and Scientific Technical Committee, and approved by the National Council of Conservation Areas (CONAC), although its implementation is contingent upon the allocation of human and financial resources.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "wildlife-law-7317" ], "date": "06/04/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106802.json", "html_url": "/legal/doc/norm-106802", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106802&strTipM=TC&nValor3=0" }, { "id": "norm-106806", "citation": "Acuerdo 101", "section": "norms", "doc_type": "agreement", "title_en": "Total fishing ban in the Gulf of Nicoya 2026", "title_es": "Veda total de pesca en el Golfo de Nicoya 2026", "summary_en": "This regulation establishes a total ban on commercial and sport fishing in the Gulf of Nicoya from May 1 to July 31, 2026, to protect species such as croakers and sardines during their reproductive period. Between June 1 and July 31, semi-industrial sardine vessels are allowed to enter a delimited area solely to catch sardines for bait, provided that bycatch does not exceed 10% of the total catch and landings are inspected. The extraction of authorized mollusks is exempted. Individuals with research permits or tourist fishing licenses affected may receive financial assistance from IMAS. Inter-institutional coordination ensures enforcement during the ban.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "17/04/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106806.json", "html_url": "/legal/doc/norm-106806", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106806&strTipM=TC&nValor3=0" }, { "id": "norm-106816", "citation": "Ley 10861", "section": "norms", "doc_type": "law", "title_en": "Amendment to the National Parks Service Law", "title_es": "Reforma Ley del Servicio de Parques Nacionales", "summary_en": "Law 10861 amends Law 6084, the National Parks Service Law, to strengthen the protection of wild protected areas. It introduces new prohibitions for visitors: entering areas that are off-limits according to management instruments and carrying out unauthorized activities. It establishes a sanctioning regime with graduated fines, ranging from three base salaries for individual offenders to ten base salaries for tour operators entering high-risk zones, plus equipment confiscation. Additional fines are set for specialized rescues, distributing funds between SINAC (60%) and the Costa Rican Red Cross (40%). Fines go to the National Parks Fund for prevention, protection, and sustainable tourism. In case of non-payment, the debt becomes an enforceable title for judicial collection. Digital promotion of unauthorized activities is penalized, and recidivism leads to increased fines and even a one-year entry ban.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "25/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106816.json", "html_url": "/legal/doc/norm-106816", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106816&strTipM=TC&nValor3=0" }, { "id": "norm-106821", "citation": "Ley 10873", "section": "norms", "doc_type": "law", "title_en": "Gender Parity and Youth Participation Law for ASADAS", "title_es": "Ley de Paridad de Género y Participación Juvenil en ASADAS", "summary_en": "This law amends subsection g) of Article 2 of Law 2726 to require Community Water Management Associations (ASADAS) to guarantee gender parity on their boards and promote voluntary participation of young people aged 18 to 35. It defines who can be a member, capping membership at two persons per property (with at least one woman) and allowing only one person per property to hold a board seat simultaneously. The reform aims to eliminate discrimination against women and encourage youth inclusion in community water governance, referencing Laws 8901, 6968, 7142, and 8261. It does not alter the general powers of the Costa Rican Institute of Aqueducts and Sewers or the prohibition on delegating systems in the Metropolitan Area or those with direct financial liability.", "primary_topic_id": null, "topic_ids": [], "date": "16/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106821.json", "html_url": "/legal/doc/norm-106821", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106821&strTipM=TC&nValor3=0" }, { "id": "norm-106856", "citation": "Decreto 45669", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Santa Rosa Historical Museum", "title_es": "Reforma al Museo Histórico Santa Rosa", "summary_en": "This decree amends Executive Decree 25722-C-MINAE, which created the Santa Rosa Historical Museum in Santa Rosa National Park. The amendment formalizes collaboration between the Ministry of Culture and Youth and the Ministry of Environment and Energy. The National Museum, through its Regional and Community Museums Program, will provide professional advice on training, conservation, and outreach. The Juan Santamaría Historical Cultural Museum will assume substantive administration, including technical management, custody of historical objects from the 1856-1857 campaign, and museographic maintenance. Additionally, both ministries will coordinate actions to promote good environmental practices and the comprehensive conservation of the park's cultural and natural heritage.", "primary_topic_id": null, "topic_ids": [ "archaeological-heritage-6703" ], "date": "10/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106856.json", "html_url": "/legal/doc/norm-106856", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106856&strTipM=TC&nValor3=0" }, { "id": "norm-106896", "citation": "Resolución 0025", "section": "norms", "doc_type": "resolution", "title_en": "Quarterly adjustment of the specific tax on alcoholic beverages", "title_es": "Actualización del impuesto específico sobre bebidas alcohólicas - ajuste trimestral", "summary_en": "The Directorate General of Finance, through this resolution, makes the quarterly adjustment of the specific tax per milliliter of absolute alcohol in alcoholic beverages, in accordance with Law 7972 and its amendments. The adjustment is based on the Consumer Price Index (CPI) variation determined by the National Institute of Statistics and Census (INEC) for the period between December 2025 and March 2026, which was -0.85%. As a result, the tax amounts per milliliter of absolute alcohol are reduced to: CRC 3.66 for beverages with up to 15% alcohol by volume, CRC 4.35 for more than 15% and up to 30%, and CRC 5.10 for more than 30%. The resolution renders the previous update ineffective and takes effect as of May 1, 2026. The public hearing procedure under Article 174 of the Tax Code is waived for reasons of urgency and public interest, given the need to publish before May 1, 2026.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/04/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106896.json", "html_url": "/legal/doc/norm-106896", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106896&strTipM=TC&nValor3=0" }, { "id": "norm-106898", "citation": "Decreto 45286", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of public utility declaration for Concepción de La Tigra rural aqueduct", "title_es": "Derogatoria de utilidad pública de acueducto rural de Concepción de La Tigra", "summary_en": "This executive decree repeals the public utility declaration previously granted to the Asociación Administradora del Acueducto y Alcantarillado Sanitario de Concepción de la Tigra de San Carlos de Alajuela, a rural water and sanitation association. The repeal is based on a formal resignation of the benefit by the association's president, in accordance with Article 32 of the Associations Law and its regulations, which empower the Ministry of Justice and Peace to revoke the declaration when the grounds for it cease to exist. The decree annuls Executive Decree No. 31480-J of 2003 that originally declared the association of public utility. It orders notification to the National Registry of Associations, the Ministry of Finance, and the General Directorate of Taxation for registration and tax purposes. The norm takes effect upon publication in the official gazette La Gaceta. No environmental matters are addressed; it is purely an administrative and registry action concerning association law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/10/2025", "year": "2025", "json_url": "/data/legal/docs/norm-106898.json", "html_url": "/legal/doc/norm-106898", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106898&strTipM=TC&nValor3=0" }, { "id": "norm-106908", "citation": "Ley 10891", "section": "norms", "doc_type": "law", "title_en": "Reform of Article 65 of the Forestry Law", "title_es": "Reforma del artículo 65 de la Ley Forestal", "summary_en": "This law reforms Article 65 of Forestry Law 7575, updating the procedure for the disposition of seized forest products. It mandates that seized timber and other products be auctioned publicly within one month from the filing of the complaint, with a minimum bid set by the State Forestry Administration. If the auction fails, any person may exploit the products by depositing the appraisal value with the court. Auction proceeds are held; if the accused is acquitted, the money is returned; if convicted, half goes to the State Forestry Administration and half to the municipality or indigenous community where the resource originated, for community projects. Additionally, MINAE is authorized to use or donate unadjudicated timber from natural disasters, road works, or final convictions to public entities and non‑profit organizations, under strict accountability rules.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "25/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106908.json", "html_url": "/legal/doc/norm-106908", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106908&strTipM=TC&nValor3=0" }, { "id": "norm-106914", "citation": "Decreto 45688", "section": "norms", "doc_type": "executive_decree", "title_en": "Telework Regulation for the Ministry of Agriculture and Livestock and Its Attached Bodies", "title_es": "Reglamento de Teletrabajo del MAG y Órganos Adscritos", "summary_en": "This Decree 45688-MAG establishes the regulatory framework for implementing telework at the Ministry of Agriculture and Livestock (MAG) and its maximum and minimum deconcentration bodies (SENASA, INTA, SFE, 4-S Council). It repeals the previous 2014 regulation and updates conditions to Law 9738 ('Law to Regulate Telework') and its implementing regulation. It defines the principles of voluntariness, institutional convenience, and the characteristics of 'teleworkable' activities, such as the possibility of being performed outside the office without affecting public service, being linked to goals, being supervisable, and using ICT. It details teleworkers' obligations: signing a contract, maintaining confidentiality, complying with occupational health conditions, using multi-factor authentication, assuming service costs, and being available during working hours. It regulates the suspension, revocation, and termination of the modality for reasons of convenience or non-compliance, with a ten-business-day notice. It assigns responsibilities to supervisors (planning, follow-up, evaluation) and support departments (IT, Human Resources, Occupational Health, Legal Advisory). It does not create or modify procedures, so regulatory improvement was not required.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106914.json", "html_url": "/legal/doc/norm-106914", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106914&strTipM=TC&nValor3=0" }, { "id": "norm-106915", "citation": "Decreto 45693", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Organic Regulation of MAG", "title_es": "Reforma al Reglamento Orgánico del MAG", "summary_en": "This executive decree amends the Organic Regulation of the Ministry of Agriculture and Livestock (MAG), redefining the ministry's organizational structure. The reform eliminates the regional agricultural extension units and transfers their functions to the regional development departments, seeking a more integrated management. It also modifies the nomenclature and functions of the planning and sectoral analysis units of the Executive Secretariat for Agricultural Sector Planning (SEPSA), creates the Agricultural Sector Information Unit (UNISA), and reorganizes the National Directorate of Agricultural Extension (DNEA) with new units for sustainable production, agromatics, and agri-business management. It additionally repeals the decree that created the INFOAGRO information system, whose functions are incorporated into the new UNISA. The reform is based on technical studies and partial approval from the Ministry of Planning (MIDEPLAN), aiming to modernize extension services and strengthen agricultural sector planning.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/03/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106915.json", "html_url": "/legal/doc/norm-106915", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106915&strTipM=TC&nValor3=0" }, { "id": "norm-106916", "citation": "Resolución 0036", "section": "norms", "doc_type": "resolution", "title_en": "Maximum port service tariffs Limón and Moín 2026", "title_es": "Tarifas máximas servicios portuarios Limón y Moín 2026", "summary_en": "The Public Services Regulatory Authority (ARESEP) sets maximum tariffs for maritime and port services provided by JAPDEVA at the ports of Limón and Moín. The resolution addresses an ordinary tariff adjustment request filed by JAPDEVA. After extensive analysis of operating costs, service volumes, and compliance with legal obligations, the Transport Directorate increases some existing tariffs, eliminates others, and creates new tariff items including water supply by tanker, weighbridge, container washing, cargo inspection, environmental compliance (MARPOL), wastewater and sludge treatment, and photography. JAPDEVA's request is partially rejected by not recognizing financial expenses or asset depreciation, and by adjusting demand projections. Tariffs are set as maximums, allowing JAPDEVA to charge lower amounts. The resolution incorporates and responds to oppositions presented by exporters, shipping agents, and industrial associations during a public hearing, primarily concerning significant increases in vessel-related services, lack of cost traceability, and potential impacts on competitiveness.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/04/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106916.json", "html_url": "/legal/doc/norm-106916", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106916&strTipM=TC&nValor3=0" }, { "id": "norm-106917", "citation": "Resolución 003", "section": "norms", "doc_type": "resolution", "title_en": "Update of Basic Information Requirements for Asadas", "title_es": "Actualización de requerimientos de información básica para Asadas", "summary_en": "This resolution from ARESEP's Water Superintendence updates and simplifies the information requirements that Communal Water and Sanitation System Management Associations (Asadas) must comply with regarding economic regulation and water service quality. It repeals resolutions RE-0010-IA-2024 and RE-0009-IA-2025 and consolidates into a single document the forms and deadlines for annual submission of financial, market, investment, quality, and business-continuity-plan information. It establishes a schedule with a cutoff of December 31 and submission by May 31 of the following year, and reminds that compliance is a prerequisite for the admissibility of any rate request.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "_off-topic" ], "date": "08/04/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106917.json", "html_url": "/legal/doc/norm-106917", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106917&strTipM=TC&nValor3=0" }, { "id": "norm-106918", "citation": "Resolución 0005", "section": "norms", "doc_type": "resolution", "title_en": "Quality Regulatory Seal Guidelines for Water and Sanitation Services", "title_es": "Lineamientos del Sello Regulatorio de Calidad para Acueducto y Saneamiento", "summary_en": "This resolution by ARESEP's Water Intendancy updates and unifies the guidelines for obtaining the Quality Regulatory Seal by public water and sanitation service providers, including AyA, ESPH, and community-managed systems (Asadas). Previous resolutions RE-0011-IA-2024 and RE-0010-IA-2025 are repealed, and RE-0004-IA-2026 is annulled due to motivational defects, consolidating all technical, financial, and quality requirements into a single instrument. It requires providers to submit complete regulatory information, conduct water quality analyses through ECA-accredited laboratories, comply with the Drinking Water Quality Regulation (Decree 38924-S), and have no active sanitary orders from the Ministry of Health. The norm sets an annual reporting deadline of May 31, establishes grounds for withdrawal of the seal, and outlines correction procedures, aiming to simplify administrative burdens, harmonize deadlines, and enhance regulatory efficiency for the benefit of users.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "17/04/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106918.json", "html_url": "/legal/doc/norm-106918", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106918&strTipM=TC&nValor3=0" }, { "id": "norm-106931", "citation": "norm_106931_texto", "section": "manual", "doc_type": null, "title_en": "Partial amendment to the AyA Service Provision Regulation regarding indigenous territories", "title_es": "Modificación parcial al Reglamento de Prestación de Servicios de AyA sobre territorios indígenas", "summary_en": "This amendment to the AyA Service Provision Regulation adjusts the requirements for potable water and sanitary sewerage availability and connection in indigenous territories. It acknowledges that inhabitants of indigenous reserves do not need registered land titles, cadastral or survey maps, but rather an authorization from the Integral Development Indigenous Association (ADII) or a sworn declaration. The amendment incorporates the definition of 'indigenous reserve', requires the operator to verify the ADII's legal status, and exempts these applications from the cadastral map requirement, substituting it with a simple sketch. It is grounded in ILO Convention 169, Indigenous Law No. 6172 and its regulations, and opinions from the Attorney General's Office and the Constitutional Chamber, ensuring timely access to public services for indigenous peoples without imposing disproportionate burdens.", "primary_topic_id": "water-law", "topic_ids": [ "indigenous-law-6172", "water-law" ], "date": "", "year": "", "json_url": "/data/legal/docs/norm-106931.json", "html_url": "/legal/doc/norm-106931", "source_url": "" }, { "id": "norm-106950", "citation": "Ley 10951", "section": "norms", "doc_type": "law", "title_en": "BCIE Loan 2304 Approval Law for Fiscal Consolidation, COVID-19 and Decarbonization (DPO II)", "title_es": "Ley de Aprobación del Contrato de Préstamo 2304 BCIE para Consolidación Fiscal, COVID-19 y Descarbonización (OPD II)", "summary_en": "This Legislative Assembly law approves and perfects Loan Agreement No. 2304 between the Republic of Costa Rica and the Central American Bank for Economic Integration (BCIE) for up to US$290 million, financing the Second Development Policy Operation (DPO II). The loan—split into two tranches—supports policy actions under three pillars: protecting income and jobs during COVID-19 and promoting MSME recovery; strengthening fiscal sustainability; and laying the groundwork for low‑carbon development (decarbonization). Environmental and climate conditions are incorporated: the borrower must comply with Costa Rican environmental law and BCIE environmental and social policies, implement the Environmental and Social Action Plan (Annex F), and deliver development‑impact evaluations. The prior‑actions matrix includes climate‑governance measures such as strengthening SINAMECC, operating CENCE, and promoting electric buses. Article 1 approves the contract and makes its annexes part of the law. The law takes effect upon publication (April 22, 2026).", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "22/04/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106950.json", "html_url": "/legal/doc/norm-106950", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106950&strTipM=TC&nValor3=0" }, { "id": "norm-106976", "citation": "Decreto 45734", "section": "norms", "doc_type": "executive_decree", "title_en": "Quarterly update of the single tax by fuel type", "title_es": "Actualización trimestral del impuesto único por tipo de combustible", "summary_en": "This executive decree updates the single tax per fuel type, both domestically produced and imported, applying a -0.85% adjustment based on the consumer price index variation between December 2025 and March 2026 as determined by the National Institute of Statistics and Census (INEC). The special amount of ₡24.00 per liter for LPG gas, set by Law 10110, remains in effect until January 2028. The decree repeals the previous update (Decree 45458-H) and takes effect on May 1, 2026. The prior hearing procedure for representative entities is waived for reasons of urgency and public interest, given the need to publish before that date to avoid disrupting tax collection.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/04/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106976.json", "html_url": "/legal/doc/norm-106976", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106976&strTipM=TC&nValor3=0" }, { "id": "norm-106998", "citation": "Decreto 45747", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the MINAE Organic Regulation and Repeal of Energy Subsector Norms", "title_es": "Reforma al Reglamento Orgánico del MINAE y derogatoria de normativa del Subsector Energía", "summary_en": "This executive decree amends the Organic Regulation of the Ministry of Environment and Energy (MINAE) to strengthen the functions of the Energy Directorate. Four new subsections are added to Article 49, formalizing functions already performed in practice: annually preparing the National Energy Balance, coordinating the consolidation of energy information for national and international reporting, coordinating the National Energy Plan (updated every three years), and exercising the country's technical representation before international energy bodies as designated by the minister. It also repeals obsolete provisions from the Energy Subsector Organization Regulation (Decree 35991) that created the Energy Subsector Planning Secretariat (SEPSE)—whose functions had already been absorbed by SEPLASA—and repeals Decree 43398 which declared the preparation of the energy balance a matter of public interest, to avoid regulatory duplication. The reform aims for administrative coherence and efficiency in national energy management, aligning the legal structure with the ministry's actual practice.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/02/2026", "year": "2026", "json_url": "/data/legal/docs/norm-106998.json", "html_url": "/legal/doc/norm-106998", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=106998&strTipM=TC&nValor3=0" }, { "id": "norm-107020", "citation": "Decreto 45779", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Vehicle Emissions Regulation (postponement of Euro VI/Tier III)", "title_es": "Reforma al Reglamento de Emisiones Vehiculares (postergación Euro VI/Tier III)", "summary_en": "This executive decree, signed by the President and the Ministers of Transport, Environment, and Health, amends Article 7 of the Regulation for the Control of Pollutant Emissions from Internal Combustion Engine Vehicles (Decree 39724). The decree states that Costa Rica currently lacks the equipment, infrastructure, and enabling conditions to implement Euro VI and Tier III emission standards, whose entry into force was scheduled for January 1, 2027. It also notes that the cost of the fuels required by these standards is high and would be passed on to consumers, making vehicle operation more expensive. Therefore, the decree postpones the mandatory application of these stricter standards until January 1, 2030, while maintaining as a minimum the Euro IV/Tier II standards for new and used vehicles entering the country. It also repeals a previous decree (43646) that had postponed Euro VI/Tier III to 2027. The reform takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/05/2026", "year": "2026", "json_url": "/data/legal/docs/norm-107020.json", "html_url": "/legal/doc/norm-107020", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=107020&strTipM=TC&nValor3=0" }, { "id": "norm-107029", "citation": "Circular 75", "section": "norms", "doc_type": "circular", "title_en": "Extension of competence of the San Ramón Agrarian Court over pending rulings nationwide", "title_es": "Ampliación de competencia del Juzgado Agrario de San Ramón sobre asuntos pendientes de fallo a nivel nacional", "summary_en": "Circular 75-2026 from the Supreme Court of Justice extends the competence of the Agrarian Court of the Third Judicial Circuit of Alajuela (San Ramón) to hear and decide pending cases from all agrarian courts nationwide. This measure, adopted in the session of April 6, 2026, aims to ensure the efficiency of the judicial service and better attention to agrarian matters, starting with the Agrarian Court of Pococí. The implementation will be carried out through work plans prepared by the Planning Directorate, in coordination with the Jurisdictional Management and the Agrarian Jurisdiction Commission. The circular details the operational aspects of the extension and establishes that the measure takes effect on May 5, 2026. This is an administrative and jurisdictional norm that does not modify substantive agrarian or environmental legislation, but temporarily redistributes the workload among specialized courts to expedite case resolution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/2026", "year": "2026", "json_url": "/data/legal/docs/norm-107029.json", "html_url": "/legal/doc/norm-107029", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=107029&strTipM=TC&nValor3=0" }, { "id": "norm-107031", "citation": "Decreto 012", "section": "norms", "doc_type": "regulation", "title_en": "Amendment to AyA Service Provision Regulations on sewerage exemption", "title_es": "Reforma al Reglamento de Prestación de Servicios de AyA sobre exoneración de alcantarillado", "summary_en": "This AyA Board of Directors agreement amends Articles 47, 48, 49, and 50 of the AyA Service Provision Regulations, specifying the procedure for residential projects to be exempted from building sanitary sewer networks and treatment plants. It sets conditions such as the absence of public networks, exclusive residential use, and the requirement to submit infiltration and hydrogeological studies. It incorporates coordination with SENARA and the application of environmental principles like in dubio pro natura and precautionary principle to protect water resources. The reform aims to streamline procedures in accordance with Law 8220 and citizen protection regulations, using digital platforms for data verification. The exemption resolution will be valid per the service availability certificate, with the possibility of extension and grounds for expiration or revocation.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "art-50-constitution" ], "date": "09/04/2026", "year": "2026", "json_url": "/data/legal/docs/norm-107031.json", "html_url": "/legal/doc/norm-107031", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=107031&strTipM=TC&nValor3=0" }, { "id": "norm-107037", "citation": "Acuerdo 090", "section": "norms", "doc_type": "agreement", "title_en": "Prohibition of Fish Aggregating Devices (FADs) in Costa Rica", "title_es": "Prohibición de dispositivos agregadores de peces (FADs) en Costa Rica", "summary_en": "INCOPESCA Board Agreement No. 090-2026, in compliance with a ruling by the Constitutional Chamber, establishes prohibitions concerning fish aggregating devices (FADs or 'plantados') in Costa Rican jurisdictional waters. The regulation prohibits the use of such devices as fishing aids, their installation in the marine environment, the promotion or advertising of fishing activities carried out over them, and the authorization of any sport, tourist, or commercial fishing tournaments that intend to use FADs. The agreement instructs INCOPESCA departments to coordinate with the National Coast Guard Service and the MOPT's Port Maritime Division for the necessary monitoring and control measures.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "07/05/2026", "year": "2026", "json_url": "/data/legal/docs/norm-107037.json", "html_url": "/legal/doc/norm-107037", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=107037&strTipM=TC&nValor3=0" }, { "id": "norm-107038", "citation": "Acuerdo 093", "section": "norms", "doc_type": "agreement", "title_en": "Inclusion of Two Polychaete Species in the Aquaculture Interest List", "title_es": "Inclusión de dos especies de poliquetos en la lista de interés acuícola", "summary_en": "This 2026 INCOPESCA Board of Directors agreement reforms the List of Aquaculture Interest Species for Consumption and Commercialization, previously approved under AJDIP/183-2025. The reform adds two native polychaete species (Perinereis seridentata and Perinereis nuntia) under the category of 'input for cultures', within the annelid group. The inclusion is based on an analysis request by the Scientific Technical Coordination Commission (CCCT) of INCOPESCA, which, after evaluating key criteria for closed-system cultivation, raised no objections. The agreement also incorporates CCCT recommendations for future inclusions, stressing the need for technical considerations. It orders a single publication in the Official Gazette La Gaceta and declares the agreement final. This administrative act expands the catalog of species formally recognized for commercial aquaculture in Costa Rica, focusing on the production of inputs for other aquaculture cultures.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/05/2026", "year": "2026", "json_url": "/data/legal/docs/norm-107038.json", "html_url": "/legal/doc/norm-107038", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=107038&strTipM=TC&nValor3=0" }, { "id": "norm-10806", "citation": "Ley 7142", "section": "norms", "doc_type": "law", "title_en": "Law for the Promotion of Women's Social Equality", "title_es": "Ley de Promoción de la Igualdad Social de la Mujer", "summary_en": "This law establishes the Costa Rican State's obligation to promote and guarantee equal rights for men and women in political, economic, social, and cultural spheres. It creates protective mechanisms such as the General Ombudsperson for Human Rights, including a Women's Ombudsperson. Regarding property, it mandates that real estate awarded through social programs be registered in the name of both spouses or partners, and promotes rural women's access to land. It amends several laws to ensure equality in family matters (joint parental authority, protection of the family home), labor (prohibition of dismissal due to pregnancy, equal pay), and criminal law (precautionary measures in sexual crimes). It also prohibits educational content that assigns roles contrary to equality. The law was amended in 2019 to include equal pay provisions and in 2025 to strengthen rural women's access to land and allow exclusive public competitions for women in public institutions under certain conditions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/03/1990", "year": "1990", "json_url": "/data/legal/docs/norm-10806.json", "html_url": "/legal/doc/norm-10806", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=10806&strTipM=TC&nValor3=0" }, { "id": "norm-10969", "citation": "Ley 7092", "section": "norms", "doc_type": "law", "title_en": "Income Tax Law", "title_es": "Ley del Impuesto sobre la Renta", "summary_en": "Law 7092 establishes the income tax on profits of individuals, legal entities, and collective bodies domiciled in Costa Rica engaged in Costa Rican-source lucrative activities. It defines gross income, exclusions, deductible and non-deductible expenses, and applicable rates. It also regulates the single tax on dependent personal labor income and remittances abroad. It creates a chapter on capital income and capital gains/losses, and establishes withholding obligations. The law has been substantially amended by the Public Finance Strengthening Law (9635) and by Law 10381 for the exclusion of Costa Rica from the EU list of non-cooperative jurisdictions. It recognizes subjective exemptions for certain entities and grants incentives for non-traditional exports. It does not directly address environmental matters, beyond generic mentions to exploitation of natural resources.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/04/1988", "year": "1988", "json_url": "/data/legal/docs/norm-10969.json", "html_url": "/legal/doc/norm-10969", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=10969&strTipM=TC&nValor3=0" }, { "id": "norm-11165", "citation": "Ley 7017-B", "section": "norms", "doc_type": "law", "title_en": "Basic Rules for Customs Brokers' Participation", "title_es": "Normas Básicas de Participación de los Agentes de Aduana", "summary_en": "This law establishes the basic rules governing customs brokers' participation in customs operations control. It promotes the legal constitution of a Customs Brokers Association, to which brokers must report irregularities in customs processes. The Association's Board of Directors, through an Honor Tribunal, investigates complaints and may request the Ministry of Finance to impose sanctions on brokers who engage in misconduct or harm tax collection. Additionally, brokers must affix a fifty-colones stamp to each import policy they handle; the revenue is primarily allocated (at least 75%) to fund training programs at the Braulio Carrillo Customs School. The norm also provides for the transformation of the existing Chamber into the Association within six months.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/12/1985", "year": "1985", "json_url": "/data/legal/docs/norm-11165.json", "html_url": "/legal/doc/norm-11165", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=11165&strTipM=TC&nValor3=0" }, { "id": "norm-11209", "citation": "Ley 6248", "section": "norms", "doc_type": "law", "title_en": "Plant Health Law", "title_es": "Ley de Sanidad Vegetal", "summary_en": "Plant Health Law No. 6248 establishes the framework to protect economically valuable crops from pests and diseases, prevent environmental contamination, and safeguard human and animal health. It declares pest control to be of public utility, defines terms such as pest, quarantine, and pesticide, and regulates the import and export of plants and plant products through permits and phytosanitary certificates. It grants the Ministry of Agriculture broad powers of inspection, destruction of affected plantations, quarantine declarations, and pesticide control. It provides for criminal penalties for noncompliance and creates a fund to finance its actions. The law has been tacitly repealed in almost its entirety by the Phytosanitary Protection Law No. 7664 of 1997, with only Article 43 remaining in force concerning the tax on chemical products for agricultural use, whose rate was later amended.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/1978", "year": "1978", "json_url": "/data/legal/docs/norm-11209.json", "html_url": "/legal/doc/norm-11209", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=11209&strTipM=TC&nValor3=0" }, { "id": "norm-11246", "citation": "Ley 6909", "section": "norms", "doc_type": "law", "title_en": "Vehicle Tax for Municipalities", "title_es": "Impuesto de Ruedo para Municipalidades", "summary_en": "Law 6909 of November 24, 1983, authorizes the Municipality of San José to sell the former Municipal Palace and to contract loans for constructing a new municipal building. It also creates a fixed annual tax of two hundred colones per motor vehicle for all municipalities in the country, distributed in the same proportion as the territorial tax. The funds are exclusively for the maintenance and conservation of urban streets and local roads, and for acquiring machinery and equipment for those purposes. The law deals with municipal infrastructure financing and does not address environmental matters, making it unrelated to environmental law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/11/1983", "year": "1983", "json_url": "/data/legal/docs/norm-11246.json", "html_url": "/legal/doc/norm-11246", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=11246&strTipM=TC&nValor3=0" }, { "id": "norm-11296", "citation": "Ley 7319", "section": "norms", "doc_type": "law", "title_en": "Law of the Ombudsman of the Republic", "title_es": "Ley de la Defensoría de los Habitantes de la República", "summary_en": "This law establishes the Ombudsman of the Republic as an independent body attached to the Legislative Branch, charged with protecting the rights and interests of inhabitants. It sets out its organization, the election of the Ombudsman by an absolute majority of the Legislative Assembly for a four-year term, requirements, grounds for removal, and incompatibilities. It defines its competence to investigate, ex officio or upon request, acts or omissions of the public administration, except in electoral matters. It provides for a summary and informal procedure, with an obligation of collaboration from public bodies, and sanctions for disobedience. It empowers the Ombudsman to bring jurisdictional actions and recommend rectifications, with the possibility of admonishment or recommendation of dismissal for non-compliance. It includes provisions on financing, exemptions, and repeal of contrary laws.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/11/1992", "year": "1992", "json_url": "/data/legal/docs/norm-11296.json", "html_url": "/legal/doc/norm-11296", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=11296&strTipM=TC&nValor3=0" }, { "id": "norm-11429", "citation": "Ley 5227", "section": "norms", "doc_type": "law", "title_en": "Creation of the San Isidro de Heredia Secondary School", "title_es": "Creación del Colegio de Enseñanza Media de San Isidro de Heredia", "summary_en": "This law creates a secondary school in the first district of the San Isidro canton, Heredia province, under the Ministry of Public Education. Article 1 establishes the educational center, while Article 2 conditions the start of operations on the decision of the Higher Council of Education, which will also determine the corresponding sections. Article 3 authorizes the Municipality of San Isidro de Heredia to donate furniture and real estate to the new school. Finally, Article 4 provides that the law takes effect upon publication. The norm does not address any environmental or land-use matters, being limited to purely educational and local administrative aspects.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/07/1973", "year": "1973", "json_url": "/data/legal/docs/norm-11429.json", "html_url": "/legal/doc/norm-11429", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=11429&strTipM=TC&nValor3=0" }, { "id": "norm-11593", "citation": "Ley 7210", "section": "norms", "doc_type": "law", "title_en": "Free Zone Regime Law", "title_es": "Ley de Régimen de Zonas Francas", "summary_en": "Law 7210 establishes Costa Rica's Free Zone Regime, granting tax incentives and benefits to companies making new investments in the country and dedicated to exporting or re-exporting goods and services. It defines eligible company categories (processing, commercial, services, parks, R&D, healthcare, etc.), investment and employment requirements, and obligations. It includes differentiated tax treatment for companies inside and outside the Greater Metropolitan Area (GAM), rules on local market sales, and environmental protection standards. It also regulates the Single Investment Window to streamline procedures, and details sanctions for non-compliance, from fines to revocation of the regime. Recent major reforms (2022-2025) have expanded categories and adjusted requirements to promote investment outside the GAM and in sectors such as healthcare, culture, and adventure parks.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/11/1990", "year": "1990", "json_url": "/data/legal/docs/norm-11593.json", "html_url": "/legal/doc/norm-11593", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=11593&strTipM=TC&nValor3=0" }, { "id": "norm-11609", "citation": "Ley 449", "section": "norms", "doc_type": "law", "title_en": "ICE Creation Law", "title_es": "Ley de Creación del ICE", "summary_en": "Law 449 of April 8, 1949, creates the Costa Rican Electricity Institute (ICE) as an autonomous entity tasked with developing energy sources, particularly hydropower. It sets out public-service goals: ensuring electric supply to meet national demand, promoting industrial development, and fostering rational natural resource use. ICE is mandated to conserve water resources by protecting watersheds and riverbeds in cooperation with other state bodies. The law establishes a governance structure with a Board of Directors and General Management endowed with broad administrative and financial autonomy, including contracting powers and bond issuance. It also contemplates expanding telecommunications networks. Environmentally, the mandate to defend water resources and promote electricity as a substitute for forest-based fuels forms a key pillar of Costa Rican energy and environmental policy.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "08/04/1949", "year": "1949", "json_url": "/data/legal/docs/norm-11609.json", "html_url": "/legal/doc/norm-11609", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=11609&strTipM=TC&nValor3=0" }, { "id": "norm-11702", "citation": "Decreto 17023", "section": "norms", "doc_type": "executive_decree", "title_en": "Tivives Protective Zone", "title_es": "Zona Protectora Tivives", "summary_en": "This executive decree establishes the Tivives Protective Zone on the Pacific coast, covering approximately 2,368.75 hectares including the Mata Limón and Tivives mangroves and a remnant of tropical dry forest, considered the last representative stand of this ecosystem in the Central Pacific region. It places administration under the General Forestry Directorate in coordination with local and regional bodies, and prohibits tree felling, hunting, and burning without authorization. A 20-meter buffer strip is established around the mangrove. The decree was amended in 2020 by Executive Decree No. 42404, reducing its area, but that amendment was annulled by the Constitutional Chamber in 2024, restoring the zone to its original extent.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "forestry-law-7575" ], "date": "06/05/1986", "year": "1986", "json_url": "/data/legal/docs/norm-11702.json", "html_url": "/legal/doc/norm-11702", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=11702&strTipM=TC&nValor3=0" }, { "id": "norm-11950", "citation": "Ley 276", "section": "norms", "doc_type": "law", "title_en": "Water Law", "title_es": "Ley de Aguas", "summary_en": "Water Law No. 276 regulates the ownership, use, exploitation, and protection of water in Costa Rica. It establishes that territorial sea waters, rivers, lakes, springs, and groundwater not extracted by wells are public domain and national property. It classifies water as public or private, defining common uses and special uses that require a concession from the Ministry of Environment and Energy. The law sets an order of preference for granting concessions, prioritizing human supply, domestic services, and irrigation. It also regulates legal servitudes for aqueducts, dams, and watering places, user associations, and defense and drainage works. It includes provisions for protecting water sources by prohibiting tree felling along riverbanks and springs, and establishes criminal sanctions for pollution or illegal use. It further empowers the Executive Branch to create hydraulic reserves and modify exploitation rights for public utility, subject to compensation.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "27/08/1942", "year": "1942", "json_url": "/data/legal/docs/norm-11950.json", "html_url": "/legal/doc/norm-11950", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=11950&strTipM=TC&nValor3=0" }, { "id": "norm-12159", "citation": "Decreto 19886", "section": "norms", "doc_type": "executive_decree", "title_en": "Forestry Law Regulation", "title_es": "Reglamento a la Ley Forestal", "summary_en": "This executive decree details the provisions for implementing Forestry Law No. 7174. It defines the organization and functions of the General Forestry Directorate (DGF), its departments, and regional offices. It regulates essential aspects such as the management, use, and protection of forests, the operation of the Forestry Fund, the National Forestry Council, and the administration of the State Forestry Patrimony. It establishes procedures for obtaining forest use permits on public and private lands, requirements for management plans, issuance of Forestry Payment Certificates (CAF) as incentives for reforestation, and obligations for industrialization and transportation of forest products. It also addresses protection of water resources, fire prevention, pest control, and citizen participation through ad-honorem forest inspectors.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "27/08/1990", "year": "1990", "json_url": "/data/legal/docs/norm-12159.json", "html_url": "/legal/doc/norm-12159", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=12159&strTipM=TC&nValor3=0" }, { "id": "norm-12193", "citation": "Ley 6289", "section": "norms", "doc_type": "law", "title_en": "National Seed Office Law", "title_es": "Ley de la Oficina Nacional de Semillas", "summary_en": "Law 6289 creates the National Seed Office (ONS), attached to the Ministry of Agriculture, with its own legal personality and operational independence. Its purpose is to promote, protect and control the production and trade of superior quality seeds to ensure national supply. It establishes definitions of seed and commercial variety, ONS functions (planning production, setting technical standards, maintaining records, certifying quality), and a mandatory certification system. It regulates production and commercialization, including official quality testing by UCR laboratory, service fees, and its own fund. The ONS will set conditions for producer titles and trade authorizations. Inspectors have free access to properties. Import and export controls are reinforced with sanitary, plant and environmental protection criteria. It establishes infractions such as fraud for offering non-compliant seeds, label falsification, and seizure penalties. A five‑member Board governs the ONS. Financial resources, mandatory Spanish labeling, and support from the National Banking System are included. Repeals Law 5029.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/12/1978", "year": "1978", "json_url": "/data/legal/docs/norm-12193.json", "html_url": "/legal/doc/norm-12193", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=12193&strTipM=TC&nValor3=0" }, { "id": "norm-1221", "citation": "Ley 4711", "section": "norms", "doc_type": "law", "title_en": "Approval of the Recommendation on the Conservation of Cultural Property Endangered by Public or Private Works", "title_es": "Aprobación de la Recomendación sobre la Conservación de los Bienes Culturales que la Ejecución de Obras Públicas o Privadas pueda poner en Peligro", "summary_en": "Law 4711 fully approves the 1968 UNESCO Recommendation concerning the preservation of cultural property endangered by public or private works. The Recommendation urges States to adopt legislative, financial, administrative, and technical measures to protect cultural heritage—including archaeological sites, monuments, traditional ensembles, and movable property—from projects involving urbanization, infrastructure, agriculture, and industrialization. It establishes general principles such as prioritizing in situ conservation, conducting inventories, and requiring detailed studies before any work begins. It also addresses criminal sanctions, reparations, rewards, and educational programs. By incorporating this international instrument, Costa Rican law links cultural heritage protection with development planning, providing a foundation for national legislation on archaeological and historical heritage.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "06/01/1971", "year": "1971", "json_url": "/data/legal/docs/norm-1221.json", "html_url": "/legal/doc/norm-1221", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=1221&strTipM=TC&nValor3=0" }, { "id": "norm-12391", "citation": "Ley 7052", "section": "norms", "doc_type": "law", "title_en": "National Financial System for Housing Law", "title_es": "Ley del Sistema Financiero Nacional para la Vivienda", "summary_en": "Law 7052 creates the National Financial System for Housing and its governing body, the Mortgage Housing Bank (BANHVI). Its main objective is to promote savings and investment to raise financial resources aimed at solving the country's housing problem, including services. The law establishes the structure, organization, and functions of BANHVI, as well as the special funds (FONAVI and FOSUVI) for housing financing. It defines the entities authorized to operate in the system, such as mutual associations, banks, and cooperatives, and regulates securities and mortgage guarantees. It focuses on facilitating access to housing for low-income families through the Family Housing Bond (BFV), including provisions for older adults, persons with disabilities, youth, and women victims of gender-based violence. The law also introduces the productive housing model and the collective bond for urban improvement.", "primary_topic_id": null, "topic_ids": [], "date": "13/11/1986", "year": "1986", "json_url": "/data/legal/docs/norm-12391.json", "html_url": "/legal/doc/norm-12391", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=12391&strTipM=TC&nValor3=0" }, { "id": "norm-12443", "citation": "Ley 7130", "section": "norms", "doc_type": "law", "title_en": "Code of Civil Procedure", "title_es": "Código Procesal Civil", "summary_en": "The 1989 Code of Civil Procedure, Law No. 7130, governed judicial proceedings in civil matters, including ordinary, enforcement, and non-contentious procedures. It was largely repealed by the 2016 Code of Civil Procedure (Law No. 9342), except for its temporary application to family proceedings until October 2024 under Law No. 9621. The code covers procedural topics such as jurisdiction, evidence, appeals, and special processes like injunctions and bankruptcy. Despite its comprehensive civil procedure framework, it contains no substantive environmental provisions. The document is strictly procedural and currently predominantly repealed, leaving no active legal norms. Its only tangential environmental relevance could arise in civil litigation over real property, but it does not establish environmental regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/08/1989", "year": "1989", "json_url": "/data/legal/docs/norm-12443.json", "html_url": "/legal/doc/norm-12443", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=12443&strTipM=TC&nValor3=0" }, { "id": "norm-1249", "citation": "Ley 4071", "section": "norms", "doc_type": "law", "title_en": "Declaration of Puntarenas Urban Zone and Transfer of the Maritime-Terrestrial Zone", "title_es": "Declaración de Zona Urbana de Puntarenas y Traspaso de la Zona Marítimo-Terrestre", "summary_en": "This law declares an urban zone in the city of Puntarenas a strip 200 meters wide from the ordinary high tide mark within the maritime mile between Chacarita and the mouth of the Barranca River. From this zone, 50 meters are set aside for a panoramic highway, and the remainder is transferred to the Municipality of Puntarenas, respecting existing rights. In addition, ownership of the maritime-terrestrial zone of the salt marsh or mangrove and the adjacent upland, as well as the channel and waters of the Puntarenas Estuary, are transferred to the same Municipality. The Municipality is authorized to issue property titles to holders who have possessed lots peacefully for over ten years (25 meters of frontage for residential use), to sell or exchange land, to grant concessions for docks and industrial facilities, and to sell sand extracted from the estuary. It also declares lands in El Carmen of public utility for parks and tourism. The law is of public order and repeals all conflicting laws.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "22/01/1968", "year": "1968", "json_url": "/data/legal/docs/norm-1249.json", "html_url": "/legal/doc/norm-1249", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=1249&strTipM=TC&nValor3=0" }, { "id": "norm-12540", "citation": "Ley 7088", "section": "norms", "doc_type": "law", "title_en": "Tax Adjustment and Resolution 18 of the Central American Customs Council", "title_es": "Reajuste Tributario y Resolución 18ª Consejo Arancelario y Aduanero CA", "summary_en": "Law ratifying Central American tariff modifications on textiles and paper, and amending the Sales Tax Law to tax public shows, advertising, cable television, and other services. Modifies the real estate transfer tax, excluding smaller amounts and low-income housing. Creates an annual progressive tax on motor vehicles, vessels, and aircraft, with deductions for depreciation, weight, and emissions, payable annually or in installments. Regulates the transfer of exempt and used vehicles, updates land appraisals by revaluation factors, and allocates revenue percentages to education, pensions, and municipal works. Repeals vehicle import duty exemptions and consolidates a multipurpose cadaster.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/11/1987", "year": "1987", "json_url": "/data/legal/docs/norm-12540.json", "html_url": "/legal/doc/norm-12540", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=12540&strTipM=TC&nValor3=0" }, { "id": "norm-12604", "citation": "Ley 7274", "section": "norms", "doc_type": "law", "title_en": "Law Creating the Third Section of the Superior Administrative Court", "title_es": "Ley de Creación de la Sección Tercera del Tribunal Superior Contencioso Administrativo", "summary_en": "This law created the Third Section of the Superior Administrative Court to hear appeals against acts of the public administration and the National Registry. It established a special procedure with short deadlines and no cassation appeal, exhausting the administrative route. The law was repealed in 2006 by the Contentious-Administrative Procedure Code, and its provisions on registry appeals had already been displaced in 2000 by the creation of the Administrative Registry Tribunal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/12/1991", "year": "1991", "json_url": "/data/legal/docs/norm-12604.json", "html_url": "/legal/doc/norm-12604", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=12604&strTipM=TC&nValor3=0" }, { "id": "norm-12648", "citation": "Ley 7317", "section": "norms", "doc_type": "law", "title_en": "Wildlife Conservation Law", "title_es": "Ley de Conservación de la Vida Silvestre", "summary_en": "This law establishes the regulatory framework for the conservation, management, and sustainable use of wildlife in Costa Rica. It defines the concept of wildlife, declares wild fauna as public domain and wild flora of public interest. It regulates activities such as hunting, collection, extraction, possession, trade, import, and export of wild species, setting up a system of permits, licenses, and management plans under the authority of the National System of Conservation Areas (Sinac). It creates the Wildlife Fund, the National Wildlife Registry, and classifies ex situ management sites. The law typifies crimes and contraventions, including prison sentences and fines for illegal hunting, trade without permits, introduction of invasive exotic species, water body pollution, and wetland destruction. It also incorporates provisions for CITES implementation, regulates inland fishing, and establishes wildlife refuges. It recognizes exceptions for traditional indigenous practices without profit.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "biological-corridors", "wildlife-law-7317", "criminal-environmental" ], "date": "30/10/1992", "year": "1992", "json_url": "/data/legal/docs/norm-12648.json", "html_url": "/legal/doc/norm-12648", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=12648&strTipM=TC&nValor3=0" }, { "id": "norm-12689", "citation": "Ley 3663", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Federated College of Engineers and Architects", "title_es": "Ley Orgánica del Colegio Federado de Ingenieros y Arquitectos", "summary_en": "The Organic Law of the Federated College of Engineers and Architects (CFIA) establishes the structure, purposes and functions of this public entity. It defines categories of members (active, temporary, associates, etc.) and their rights and obligations. It reserves professional practice in engineering and architecture to active members, regulates incorporation of foreign professionals, and requires registration of contracts and plans. It creates the member colleges, their assemblies and boards, and details the powers of the Assembly of Representatives and the General Board of Directors. It institutes the Construction Stamp as a revenue source, regulates the disciplinary regime through a Court of Honor, and sets penalties for illegal practice. It includes provisions on mutual aid and election of delegates.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/01/1966", "year": "1966", "json_url": "/data/legal/docs/norm-12689.json", "html_url": "/legal/doc/norm-12689", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=12689&strTipM=TC&nValor3=0" }, { "id": "norm-12768", "citation": "Decreto 14672", "section": "norms", "doc_type": "executive_decree", "title_en": "Extension of Escazú Hills Protective Zone", "title_es": "Ampliación Zona Protectora Cerros de Escazú", "summary_en": "Executive Decree No. 14672-A expands the Escazú Hills Protective Zone, originally established in 1976, to include additional areas of hydrological and forestry importance in the cantons of Mora, Santa Ana, and Escazú. The expansion spans approximately 7,060 hectares and places all public and private properties within the new boundaries under the forestry regime. Only activities with prior written authorization from the Dirección General Forestal are permitted. The decree also declares state-owned lands within the protective zone inalienable and imprescriptible, pursuant to Article 25 of the Forestry Law. The measure aims to protect forests and soils for water regulation and climate benefits, serving communities such as Piedades, Brasil, Río Oro, Salitral, Ciudad Colón, Tabarcia, and Palmichal.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "20/06/1983", "year": "1983", "json_url": "/data/legal/docs/norm-12768.json", "html_url": "/legal/doc/norm-12768", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=12768&strTipM=TC&nValor3=0" }, { "id": "norm-13231", "citation": "Ley 6227", "section": "norms", "doc_type": "law", "title_en": "General Law of Public Administration", "title_es": "Ley General de la Administración Pública", "summary_en": "The General Law of Public Administration (LGAP) is the backbone of Costa Rica's public law framework. Its Book One codifies general principles (public service, hierarchy of sources, discretion, nullities) and governs the organization, competencies, and liability of the State and its entities. Book Two establishes procedural rules binding on all public administration unless expressly exempted. This statute provides the conceptual and operational foundation for all branches of Costa Rican public law, including environmental law, by defining key concepts such as administrative act, validity, revocation, tacit approval, exhaustion of remedies, and state liability, which are routinely invoked in environmental litigation and legal opinions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/1978", "year": "1978", "json_url": "/data/legal/docs/norm-13231.json", "html_url": "/legal/doc/norm-13231", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=13231&strTipM=TC&nValor3=0" }, { "id": "norm-13266", "citation": "Ley 6999-A", "section": "norms", "doc_type": "law", "title_en": "Real Estate Transfer Tax Law", "title_es": "Ley del Impuesto sobre Traspasos de Bienes Inmuebles", "summary_en": "This law imposes a 1.5% tax on the transfer of real estate, whether registered or not, under any title. It defines transfer broadly to include both direct and indirect transfers (transfer of control over a legal entity holding the property). Certain legal transactions are excluded from the taxable event, such as marital agreements, renunciation of community property, partitions between spouses or co-owners, inheritance rights assignments, and expropriations. The tax base is the real transaction value, aligned with market value and never lower than the highest value registered under the Real Estate Tax Law's update methods. Taxpayers are jointly and severally liable, both transferors and transferees. Exceptions apply for transfers below certain amounts and for low-income housing. The tax is administered by the Direct Taxation Directorate, and revenues are mostly earmarked for the Special Fund for Financing State University Higher Education.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/09/1985", "year": "1985", "json_url": "/data/legal/docs/norm-13266.json", "html_url": "/legal/doc/norm-13266", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=13266&strTipM=TC&nValor3=0" }, { "id": "norm-13332", "citation": "Ley 5150", "section": "norms", "doc_type": "law", "title_en": "General Civil Aviation Law", "title_es": "Ley General de Aviación Civil", "summary_en": "Law 5150, the General Civil Aviation Law, establishes the legal framework for the regulation of civil aviation in Costa Rica. It defines state sovereignty over airspace and creates the governing bodies: the Technical Council of Civil Aviation (CTAC) and the General Directorate of Civil Aviation (DGAC), under the Ministry of Public Works and Transport. The law regulates air traffic, aircraft (classification, nationality, registration, airworthiness), aviation personnel, airports and aerodromes, air services (public transport, agricultural aviation, private aviation), operating certificates, tariffs, and civil liability for damages. It contains provisions on infractions and administrative and criminal sanctions for pilots and operators. It is a comprehensive norm covering administrative, technical, commercial, and operational safety aspects of Costa Rican civil aviation, with multiple subsequent amendments.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/05/1973", "year": "1973", "json_url": "/data/legal/docs/norm-13332.json", "html_url": "/legal/doc/norm-13332", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=13332&strTipM=TC&nValor3=0" }, { "id": "norm-13364", "citation": "Ley 6919", "section": "norms", "doc_type": "law", "title_en": "Wildlife Conservation Law", "title_es": "Ley de Conservación de la Fauna Silvestre", "summary_en": "This law, repealed by Law No. 7317 in 1992, declared wildlife conservation to be of public interest, defining wildlife as animals living temporarily or permanently in natural conditions. It regulated continental and insular hunting and fishing through licenses, closed seasons, national refuges, and prohibitions on unauthorized methods. It established a penalty regime, including fines and imprisonment, for violations such as capture without a permit or trade in species, although several criminal provisions were annulled by the Constitutional Chamber. It created financial instruments such as the Wildlife Stamp and a special fund for research and protection. Although repealed, it laid the groundwork for subsequent wildlife legislation in Costa Rica.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "17/11/1983", "year": "1983", "json_url": "/data/legal/docs/norm-13364.json", "html_url": "/legal/doc/norm-13364", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=13364&strTipM=TC&nValor3=0" }, { "id": "norm-13428", "citation": "Decreto 21", "section": "norms", "doc_type": "executive_decree", "title_en": "Executive Decree 21 — Disaster zone declaration in Limón and Turrialba", "title_es": "Decreto Ejecutivo 21 — Declaratoria de zona de desastre en Limón y Turrialba", "summary_en": "This executive decree declares a state of disaster in the province of Limón and the canton of Turrialba due to the severe damage caused by floods and landslides in April 1970. It establishes emergency measures to assist affected people, restore public services, and coordinate relief efforts. The decree designates the National Emergency Committee as the entity in charge of directing rescue, reconstruction, and resource distribution. It allows the use of public funds and exceptional administrative procedures to expedite the response. While it does not create substantive environmental law, its relevance lies in the fact that many subsequent land-use regulations and risk management policies in these areas were shaped by this type of extreme event, which is closely tied to watershed protection and disaster risk reduction.", "primary_topic_id": null, "topic_ids": [], "date": "10/04/1970", "year": "1970", "json_url": "/data/legal/docs/norm-13428.json", "html_url": "/legal/doc/norm-13428", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=13428&strTipM=TC&nValor3=0" }, { "id": "norm-1352", "citation": "Ley 6370", "section": "norms", "doc_type": "law", "title_en": "Bahía Culebra Tourism Project Law", "title_es": "Ley del Proyecto Turístico Bahía Culebra", "summary_en": "Law 6370 declares the public utility of real estate needed for a tourism development project in Bahía Culebra, Guanacaste, and authorizes the Costa Rican Tourism Institute to acquire it directly. The area is delimited by Lambert coordinates, including the coastal zone between Punta Cabuya and Punta Ballena. It establishes an acquisition procedure favoring direct settlement, with valuations from the Directorate General of Direct Taxation and possible expert appraisals. In the absence of agreement, expropriation proceedings are initiated, allowing the Institute to take possession upon deposit of the assessed value. Compensation criteria consider length of possession, location, ecological value, and prior improvements. Occupants of Playa Panamá with ten years of uninterrupted possession are protected. The public utility declaration expires automatically if administrative procedures are not completed within eight years. The acquired lands must be used exclusively for the tourism project under a future special law, and companies with kinship ties to government officials are barred from participation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/09/1979", "year": "1979", "json_url": "/data/legal/docs/norm-1352.json", "html_url": "/legal/doc/norm-1352", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=1352&strTipM=TC&nValor3=0" }, { "id": "norm-1377", "citation": "Ley 3300", "section": "norms", "doc_type": "law", "title_en": "JASEC Creation Law", "title_es": "Ley de Creación de JASEC", "summary_en": "Law 3300 establishes the Administrative Board of the Municipal Electric Service of Cartago (JASEC) as a semi-autonomous body with public legal personality, its own assets, and financial, administrative and technical autonomy. JASEC exclusively manages the electric utility of the Municipality of Cartago's central canton. The reformed law expands its powers to provide public services defined by ARESEP, telecommunications, broadcasting, cable television, and municipal services through agreements. It sets the governance structure: a seven-member Board of Directors (three appointed by the Executive Branch, four by the Cartago Municipal Council), General Management, and Internal Audit. It regulates functions, tariff regime, a procurement regime similar to ICE, exemption from certain financial laws, and dispute resolution by ARESEP. It orders transfer of ICE assets (grids, equipment) to the Municipality and allows JASEC to engage in commercial activities, business partnerships, and issuance of securities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/07/1964", "year": "1964", "json_url": "/data/legal/docs/norm-1377.json", "html_url": "/legal/doc/norm-1377", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=1377&strTipM=TC&nValor3=0" }, { "id": "norm-1386", "citation": "Ley 5361", "section": "norms", "doc_type": "law", "title_en": "Reform Law of the Federated College of Engineers and Architects", "title_es": "Ley de Reforma del Colegio Federado de Ingenieros y Arquitectos", "summary_en": "Law 5361 reforms the Organic Law of the Federated College of Engineers and Architects (Law 4925). It amends Articles 16, 24, 33, 41, 60 and 65, updating the structure of member Colleges by incorporating a new College of Topographical Engineers, including topographers, surveyors, and experts authorized by Laws 3454 and 4294. It redefines the composition of the General Board of Directors, establishing a minimum of seven and a maximum of twelve members with equal representation from each College. The law revises the powers of the Executive Director, detailing his administrative and legal representation functions. It regulates the election of directors and the disciplinary procedure before the Court of Honor. In addition, it creates a mandatory topographical stamp for plans of urban and rural properties, with variable fees based on area, and allocates its proceeds to higher education institutions offering the Topographical Engineering degree. Transitional provisions address the interim integration of the new College and the stamp’s effective date.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/10/1973", "year": "1973", "json_url": "/data/legal/docs/norm-1386.json", "html_url": "/legal/doc/norm-1386", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=1386&strTipM=TC&nValor3=0" }, { "id": "norm-1388", "citation": "Ley 6990", "section": "norms", "doc_type": "law", "title_en": "Tourism Development Incentives Law", "title_es": "Ley de Incentivos para el Desarrollo Turístico", "summary_en": "Law 6990 declares the tourism industry a matter of public utility in Costa Rica and establishes a framework of fiscal incentives and benefits to promote an accelerated and rational development of tourism. Targeting hotel services, air and water transport for tourists, receptive travel agencies, vehicle rental, and inclusive tourism, the law grants tax exemptions on imports, local purchases, property taxes, accelerated depreciation, and other facilities, in exchange for obligations and supervision by the Costa Rican Tourism Board (ICT). Article 16 clarifies it does not affect Law 6043 on the Maritime-Terrestrial Zone, allowing qualified tourist installations in the restricted zone while respecting public access to the inalienable 50-meter zone. The law aims to balance tourism development with coastal environmental regulation and the promotion of national culture.", "primary_topic_id": null, "topic_ids": [], "date": "15/07/1985", "year": "1985", "json_url": "/data/legal/docs/norm-1388.json", "html_url": "/legal/doc/norm-1388", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=1388&strTipM=TC&nValor3=0" }, { "id": "norm-14938", "citation": "Decreto 13590", "section": "norms", "doc_type": "executive_decree", "title_en": "Surveillance of Indigenous Reserves by IDA-appointed Guardareservas", "title_es": "Vigilancia de Reservas Indígenas por Guardareservas del IDA", "summary_en": "This Executive Decree No. 13590-G establishes the legal framework for the surveillance of indigenous reserves through the figure of indigenous 'guardareservas' (reserve guards), appointed by the Institute for Agrarian Development (IDA, formerly ITCO). It defines their status as IDA employees attached to the Indigenous Affairs Section, and simultaneously as ad honorem officials of the Ministry of Governance, wearing uniforms and identification of the Rural Assistance Guard. They must be exclusively indigenous from the reserve where they work, with authority limited to that territory. Their duties include preventing invasions, resolving internal land tenure conflicts, and intervening in hunting and fishing matters. They are empowered to confiscate firearms from offenders in these areas. Annual training by the Rural Assistance Guard is mandated, and the possibility of operating in neighboring national parks or forest reserves through inter-institutional agreements is foreseen.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "06/05/1982", "year": "1982", "json_url": "/data/legal/docs/norm-14938.json", "html_url": "/legal/doc/norm-14938", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=14938&strTipM=TC&nValor3=0" }, { "id": "norm-15089", "citation": "Ley 7356", "section": "norms", "doc_type": "law", "title_en": "State Monopoly on Hydrocarbons Administered by RECOPE", "title_es": "Monopolio Estatal de Hidrocarburos Administrado por RECOPE", "summary_en": "This law establishes a state monopoly over the import, refining, and wholesale distribution of crude oil and its derivatives—including fuels, asphalts, and naphthas—to meet national demand. Administration of the monopoly is entrusted to the public company Refinadora Costarricense de Petróleo, S.A. (RECOPE), provided that all its share capital remains state-owned. The law prohibits the State from transferring, disposing of, or pledging any shares of RECOPE, thereby ensuring absolute public control over this strategic activity. The law took effect upon publication and provides the legal framework reserving the principal operations of the hydrocarbon chain in Costa Rica to the public sector.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/08/1993", "year": "1993", "json_url": "/data/legal/docs/norm-15089.json", "html_url": "/legal/doc/norm-15089", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=15089&strTipM=TC&nValor3=0" }, { "id": "norm-1511", "citation": "Ley 6966", "section": "norms", "doc_type": "law", "title_en": "Extraordinary Budget Law", "title_es": "Ley de Presupuesto Extraordinario", "summary_en": "This law amends and supplements the National Budget Law for fiscal year 1984. It introduces fiscal measures including adjustments to revenues and expenditures, creation of revolving funds, salary compensations, and new levies. Notably, it imposes a 10% charge on import tax exemptions and authorizes the Executive Branch to reallocate budget items under specific conditions. Several of its articles were later annulled by constitutional rulings or repealed by subsequent tax legislation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/09/1984", "year": "1984", "json_url": "/data/legal/docs/norm-1511.json", "html_url": "/legal/doc/norm-1511", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=1511&strTipM=TC&nValor3=0" }, { "id": "norm-1576", "citation": "Ley 5050", "section": "norms", "doc_type": "law", "title_en": "Reform to the Organic Law of the Journalists' Association", "title_es": "Reforma Ley Orgánica del Colegio de Periodistas", "summary_en": "This law amends the Organic Law of the Costa Rican Journalists' Association (Law 4420) in three respects. First, it modifies Article 2(b) to allow, when no licensed journalists are interested in a vacancy, the media company to request authorization for a journalism student who has passed at least the first year and is enrolled in the second year to temporarily fill the position under the same working conditions, while complying with the professional and ethical duties of licensed journalists. Second, it reforms Article 24 to require that purely journalistic positions (director, deputy director, editor-in-chief) and public relations and press office positions in public institutions be held exclusively by licensed journalists. Third, it adds two transitional provisions: Transitional Provision IV allows certain photojournalists and print, radio, or television journalists already working in daily media to apply for membership within three months; Transitional Provision V regularizes those holding managerial positions without being members, giving them thirty days to apply or, for certain public institution roles, allowing them to remain in the position.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/1972", "year": "1972", "json_url": "/data/legal/docs/norm-1576.json", "html_url": "/legal/doc/norm-1576", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=1576&strTipM=TC&nValor3=0" }, { "id": "norm-1609", "citation": "Ley 3042", "section": "norms", "doc_type": "law", "title_en": "Land and Colonization Act", "title_es": "Ley de Tierras y Colonización", "summary_en": "This law reforms the 1961 Land and Colonization Act to create the Land and Colonization Institute (ITCO) as an autonomous institution, transferring to it the functions of the former Rural Credit, Land and Colonies Department of the National Bank. ITCO is responsible for agrarian policy, land parceling and colonization, allocation of plots to farmers, and recovery of state lands. The law imposes a progressive tax on uncultivated lands exceeding 100 hectares, exempting forest-covered areas and those dedicated to the timber industry, provided they meet technical and rational exploitation criteria. ITCO is empowered to classify enterprises as forestry industries and to coordinate with other state entities for the conservation of renewable natural resources. It also covers the institute's assets, including the transfer of state lands and national reserves, as well as revenues from the uncultivated lands tax and the cigarette tax.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "04/10/1962", "year": "1962", "json_url": "/data/legal/docs/norm-1609.json", "html_url": "/legal/doc/norm-1609", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=1609&strTipM=TC&nValor3=0" }, { "id": "norm-16150", "citation": "Decreto 13568", "section": "norms", "doc_type": "executive_decree", "title_en": "Representation of Indigenous Communities by Development Associations", "title_es": "Representación de Comunidades Indígenas por Asociaciones de Desarrollo", "summary_en": "This decree regulates that the Integral Development Associations hold the legal representation of Indigenous Communities and act as their local government. It establishes that only one Indigenous Development Association may exist per Indigenous Reserve, whose jurisdictional boundaries must exactly match those of the reserve, prohibiting overlapping jurisdictions with non-indigenous associations. If multiple associations currently exist in a single reserve, CONAI must process either a division of the reserve or a merger of the associations to ensure administrative and territorial unity. Grounded in Indigenous Law No. 6172, it aims to normalize the situation of development associations in accordance with existing legal provisions, reinforcing the principle that the reserve is a communal territory, exclusive and self-administered.", "primary_topic_id": null, "topic_ids": [ "indigenous-law-6172" ], "date": "30/04/1982", "year": "1982", "json_url": "/data/legal/docs/norm-16150.json", "html_url": "/legal/doc/norm-16150", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=16150&strTipM=TC&nValor3=0" }, { "id": "norm-16156", "citation": "Ley 7291-A", "section": "norms", "doc_type": "law", "title_en": "Annex I — Highly Migratory Species", "title_es": "Anexo I — Especies Altamente Migratorias", "summary_en": "This document is Annex I of Law 7291, which incorporates the United Nations Convention on the Law of the Sea into Costa Rican law. The annex provides the official list of highly migratory species that State Parties must protect and manage cooperatively under Part VII of the Convention. The list comprises 17 categories of fish and cetaceans, such as tunas, marlins, swordfish, oceanic sharks, and whales. Its purpose is to define the scope of obligations for conservation and sustainable use of straddling and highly migratory fish stocks, promoting regional fisheries agreements. In Costa Rica, this norm is binding and serves as the foundation for national fisheries regulation and international cooperation on marine conservation.", "primary_topic_id": null, "topic_ids": [], "date": "23/03/1992", "year": "1992", "json_url": "/data/legal/docs/norm-16156.json", "html_url": "/legal/doc/norm-16156", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=16156&strTipM=TC&nValor3=0" }, { "id": "norm-16376", "citation": "Ley 7291-F", "section": "norms", "doc_type": "law", "title_en": "Statute of the International Tribunal for the Law of the Sea", "title_es": "Estatuto del Tribunal Internacional del Derecho del Mar", "summary_en": "This document constitutes Annex VI of the United Nations Convention on the Law of the Sea, adopted by Costa Rica through Law 7291. It establishes the organization, composition and functioning of the International Tribunal for the Law of the Sea (ITLOS) based in Hamburg. It defines the structure of the tribunal composed of 21 independent members, their election procedures, terms of office, incompatibilities and privileges. It regulates the jurisdiction of the tribunal to hear disputes concerning the interpretation and application of the Convention, as well as other agreements conferring jurisdiction upon it. It details the procedures for filing applications, provisional measures, hearings, judgments and their binding nature. Furthermore, it creates the Seabed Disputes Chamber with specific rules for disputes related to the International Seabed Area, including ad hoc chambers and the enforcement of its decisions. Finally, it regulates the procedure for amending the Statute.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/03/1992", "year": "1992", "json_url": "/data/legal/docs/norm-16376.json", "html_url": "/legal/doc/norm-16376", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=16376&strTipM=TC&nValor3=0" }, { "id": "norm-16466", "citation": "Ley 7425", "section": "norms", "doc_type": "law", "title_en": "Law on Registry, Seizure and Examination of Private Documents and Interception of Communications", "title_es": "Ley sobre Registro, Secuestro y Examen de Documentos Privados e Intervención de las Comunicaciones", "summary_en": "This law regulates the procedure by which Costa Rican courts authorize the registry, seizure and examination of private documents, and the interception of communications, when essential for clarifying serious crimes. It sets forth requirements for judicial orders, the rights of affected persons, timeframes and extensions for interceptions, and the responsibilities and penalties for involved officials. It applies to investigations of crimes such as kidnapping, corruption, human trafficking and terrorism, among others. The law aims to balance criminal investigation with the protection of fundamental rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/08/1994", "year": "1994", "json_url": "/data/legal/docs/norm-16466.json", "html_url": "/legal/doc/norm-16466", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=16466&strTipM=TC&nValor3=0" }, { "id": "norm-16473", "citation": "Decreto 16614", "section": "norms", "doc_type": "executive_decree", "title_en": "Creates Gandoca-Manzanillo National Wildlife Refuge", "title_es": "Crea Refugio Nacional de Vida Silvestre Gandoca-Manzanillo", "summary_en": "This executive decree establishes the Gandoca-Manzanillo National Wildlife Refuge in the Atlantic coastal zone of Talamanca, aiming to protect unique resources such as mangroves, swamps, forests, coral reefs, the only association of yolillo and orey palms in the country, and endangered species like the manatee, crocodile, tapir, and sea turtles. It defines the refuge boundaries covering a continental section of 5,013 hectares and a marine section of 4,436 hectares, totaling 9,449 ha. Administration is entrusted to the Wildlife Department of the General Forestry Directorate. All activities within the refuge require authorization from that department, and any forest management, reforestation, or land-use change must have an approved management plan. Subsequent partial repeals and judicial annulments have affected some articles, but articles 1, 2, 3, 4, 7, and 8 remain in force.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "forestry-law-7575" ], "date": "01/07/1985", "year": "1985", "json_url": "/data/legal/docs/norm-16473.json", "html_url": "/legal/doc/norm-16473", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=16473&strTipM=TC&nValor3=0" }, { "id": "norm-16715", "citation": "Ley 5702", "section": "norms", "doc_type": "law", "title_en": "Constitutional Amendment on Administrative Acts", "title_es": "Reforma Constitucional sobre Actos Administrativos", "summary_en": "Law 5702 is an amendment to the Political Constitution of Costa Rica introducing two main changes. First, it adds a paragraph to Article 124 clarifying that legislative approval of contracts, agreements, or other acts of an administrative nature does not grant them the status of laws, even if processed through regular legislative procedures. Second, it modifies Article 140, subsection 19, repealing a phrase that exempted cases governed by special laws and adding a paragraph that reinforces the same principle: legislative approval does not turn these acts into laws nor exempt them from their administrative legal regime. Additionally, it excludes loans and similar agreements referred to in Article 121, subsection 15, from this provision; those shall be governed by their special rules. This amendment aims to delineate the legal nature of administrative acts passing through the Legislative Assembly, preventing them from acquiring legislative force and thus preserving the legality control inherent to administrative law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/06/1975", "year": "1975", "json_url": "/data/legal/docs/norm-16715.json", "html_url": "/legal/doc/norm-16715", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=16715&strTipM=TC&nValor3=0" }, { "id": "norm-1673", "citation": "Ley 1738", "section": "norms", "doc_type": "law", "title_en": "Customs Tariff Law", "title_es": "Ley del Arancel de Aduanas", "summary_en": "This law establishes the Costa Rican customs tariff, setting import and export duties on goods in international traffic. It defines the calculation bases for duties (gross weight for specific duties and CIF value for ad-valorem), customs classification rules, treatment of samples, packaging, and goods in transit. It includes provisions on exemptions, reimportation of national products, and subsidies to municipalities from the ad-valorem tax. The text contains the complete tariff organized by sections and chapters, detailing rates for food products, beverages, tobacco, raw materials, fuels, oils, chemical products, and manufactured articles. It does not address environmental or natural resource protection issues.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/03/1954", "year": "1954", "json_url": "/data/legal/docs/norm-1673.json", "html_url": "/legal/doc/norm-1673", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=1673&strTipM=TC&nValor3=0" }, { "id": "norm-16879", "citation": "Ley 6999-B", "section": "norms", "doc_type": "law", "title_en": "Agreement with People to People Health Foundation, Inc. (Project HOPE)", "title_es": "Convenio con People to People Health Foundation, Inc. (Programa HOPE)", "summary_en": "This document contains the Agreement among Costa Rica's Ministry of Health, the Costa Rican Social Security Fund (CCSS), and the People to People Health Foundation, Inc. (Project HOPE), signed on September 28, 1982. Its purpose is to join efforts to strengthen health personnel training programs promoted by the Ministry and the CCSS. The Foundation agrees to provide technical assistance in developing and implementing mutually agreed health training programs, supply qualified personnel, pay their salaries, not charge fees to Costa Rican institutions, and not engage in private medical practice during the program. It will also donate equipment for the projects. The Ministry and the CCSS accept the Foundation as a private non-profit entity, will process titles or diplomas for visiting faculty, provide job placement for trainees, offer logistical support (offices, phones, vehicles, transportation), and seek tax exemptions and temporary import permits for goods. The agreement is in force for three years, renewable by mutual consent, and either party may unilaterally terminate it with 90 days' written notice.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/09/1985", "year": "1985", "json_url": "/data/legal/docs/norm-16879.json", "html_url": "/legal/doc/norm-16879", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=16879&strTipM=TC&nValor3=0" }, { "id": "norm-17048", "citation": "Ley 7040", "section": "norms", "doc_type": "law", "title_en": "Extraordinary Budget Law", "title_es": "Ley de Presupuesto Extraordinario", "summary_en": "This law, identified as Law 7040, modifies the National Budget Law for 1986 (Law 7018) and other previous budget laws. Its content is predominantly financial and administrative, covering modifications of revenues, authorizations to issue bonds, reprogramming of specific appropriations for municipalities, development associations and other entities, as well as an extensive list of tax exemptions and changes in the destination of public funds. In its Article 54, the law addresses an environmental aspect by declaring that a specific property is part of the Juan Castro Blanco Forest Reserve and orders the State to acquire it to safeguard forests and water sources. However, this environmental provision is incidental within a massive text of over 60 articles almost entirely dedicated to budgetary adjustments, transfers and fiscal authorizations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/04/1986", "year": "1986", "json_url": "/data/legal/docs/norm-17048.json", "html_url": "/legal/doc/norm-17048", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=17048&strTipM=TC&nValor3=0" }, { "id": "norm-17238", "citation": "Ley 7761", "section": "norms", "doc_type": "law", "title_en": "Reform of Articles 27 and 31 of the Forestry Law, No. 7575", "title_es": "Reforma de los artículos 27 y 31 de la Ley Forestal, No. 7575", "summary_en": "Law 7761 introduces a targeted reform to the Forestry Law (No. 7575) to adjust the authorization regime for tree felling on agricultural lands without forest and the transportation of wood from forest plantations. Specifically, it amends Article 27 to allow only up to three trees per hectare per year to be cut on such lands, requiring authorization from the Regional Environmental Council; if the felling exceeds ten trees per property, authorization from the State Forestry Administration is required. It also reforms Article 31 to require a certificate of origin issued by the forest manager or the Regional Environmental Council to transport logs, squared or sawn wood from forest plantations. Finally, it modifies Transitory I to restrict the extension of permits, concessions, and contracts in the maritime-terrestrial zone and mangroves only if investments in infrastructure have been made and environmental requirements are met, also prohibiting the granting of new permits or area extensions.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "24/04/1998", "year": "1998", "json_url": "/data/legal/docs/norm-17238.json", "html_url": "/legal/doc/norm-17238", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=17238&strTipM=TC&nValor3=0" }, { "id": "norm-17261", "citation": "Ley 837-A", "section": "norms", "doc_type": "law", "title_en": "Law 837 — Amendments to the Territorial Tax Law", "title_es": "Ley 837 — Reformas a la Ley de Impuesto Territorial", "summary_en": "This law amends and supplements provisions of Law No. 27 of March 2, 1939 (Territorial Tax Law) and Law No. 148 of 1945. It introduces an exemption for properties with a total value not exceeding ten thousand colones, establishes a minimum valuation floor for properties backing mortgage bonds, and defines a progressive scale for calculating the annual tax on real estate valuation, with rates ranging from 0.25% to 1% depending on the value bracket. It also allocates to municipalities an equivalent of fifty cents per thousand colones of the real property valuation in each canton. Furthermore, it modifies the distribution of revenues from certain percentages under Law No. 148, capping the annual amount received by the Costa Rican Social Security Fund at five hundred thousand colones; any excess becomes national revenue. The law is of public order and takes effect on October 1 of the current year. A transitional article orders the progressive revaluation of real property, prioritizing higher-value properties.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/1946", "year": "1946", "json_url": "/data/legal/docs/norm-17261.json", "html_url": "/legal/doc/norm-17261", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=17261&strTipM=TC&nValor3=0" }, { "id": "norm-17295", "citation": "Decreto 16277", "section": "norms", "doc_type": "executive_decree", "title_en": "General Regulation of SENARA", "title_es": "Reglamento General del SENARA", "summary_en": "This executive decree regulates Law No. 6877 that created the National Groundwater, Irrigation and Drainage Service (SENARA). It establishes the legal nature of the institution as an autonomous state entity, its organizational structure, the functioning of its Board of Directors, and the roles of management and internal auditing. It also defines the personnel regime, provisions for the creation of irrigation, drainage and flood control districts, the rights and obligations of users, and applicable service tariffs. The regulation further details tax exemptions and other privileges of SENARA, as well as procedures for exhausting administrative remedies. In summary, it regulates the institutional and operational framework of SENARA to fulfill its purposes regarding groundwater, irrigation and drainage.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/04/1985", "year": "1985", "json_url": "/data/legal/docs/norm-17295.json", "html_url": "/legal/doc/norm-17295", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=17295&strTipM=TC&nValor3=0" }, { "id": "norm-17392", "citation": "Ley 7572", "section": "norms", "doc_type": "law", "title_en": "Regional Convention on Forest Ecosystems and Plantations", "title_es": "Convenio Regional sobre Ecosistemas Forestales y Plantaciones", "summary_en": "This law approves the Regional Convention for the Management and Conservation of Natural Forest Ecosystems and the Development of Forest Plantations, signed in 1993 by Costa Rica, Guatemala, El Salvador, Honduras, Nicaragua and Panama. The Convention aims to prevent land-use change in forested areas, recover deforested lands, and harmonize soil classification. It establishes commitments for State Parties regarding sustainable development policies, public participation, institutional strengthening, and regional coordination. Provisions include the creation of environmental prosecutors' offices, mandatory environmental impact assessments for large-scale forest concessions, and promotion of reforestation with native species. It also addresses reinvestment of forest-generated income and control of illegal wildlife and timber trafficking. As an international legal instrument, it supplements national forestry legislation without affecting each country's forest activities or access to international financial resources.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "01/02/1996", "year": "1996", "json_url": "/data/legal/docs/norm-17392.json", "html_url": "/legal/doc/norm-17392", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=17392&strTipM=TC&nValor3=0" }, { "id": "norm-17808", "citation": "Decreto 16358", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of the Barra del Colorado National Wildlife Refuge", "title_es": "Declaratoria del Refugio Nacional de Fauna Silvestre Barra del Colorado", "summary_en": "This executive decree establishes the Barra del Colorado National Wildlife Refuge, protecting approximately 92,000 hectares of wetlands in northern Costa Rica's Atlantic region. It grounds the declaration in the presence of numerous endangered species, the swampy nature of the land, and its high tourism potential rather than forestry or agricultural use. It prohibits unauthorized logging, hunting, collection of products such as sea turtle eggs, and settlement on state lands. The decree emphasizes that the refuge regime does not entail expropriation; instead, it encourages private conservation through tax exemptions and technical assistance. It also directs the Wildlife Department and the Costa Rican Tourism Board to promote tourism in the area. The refuge was later expanded in 2004 in the Cerro Tortuguero sector.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "04/06/1985", "year": "1985", "json_url": "/data/legal/docs/norm-17808.json", "html_url": "/legal/doc/norm-17808", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=17808&strTipM=TC&nValor3=0" }, { "id": "norm-17871", "citation": "Decreto 23214", "section": "norms", "doc_type": "executive_decree", "title_en": "Methodology for Determining Land Use Capacity", "title_es": "Metodología para la Determinación de la Capacidad de Uso de las Tierras", "summary_en": "This executive decree establishes the official methodology to be applied in Costa Rica for evaluating, classifying, and planning land use according to its capacity. It defines eight classes (I through VIII) based on limitations of slope, erosion, soil, drainage, and climate, ranked from highest to lowest suitability for agricultural, livestock, and forestry activities. Classes I to III allow annual crops; IV to VI restrict use to semi-permanent and permanent crops and forestry; class VII only permits forest management or restoration; and class VIII is solely for resource protection. The methodology is mandatory for all agricultural, forestry, and natural resource protection strategies, policies, plans, and projects, both public and private, and aims to unify criteria to promote land-use planning consistent with sustainable development.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779" ], "date": "13/04/1994", "year": "1994", "json_url": "/data/legal/docs/norm-17871.json", "html_url": "/legal/doc/norm-17871", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=17871&strTipM=TC&nValor3=0" }, { "id": "norm-17967", "citation": "Ley 7291-I", "section": "norms", "doc_type": "law", "title_en": "Participation of International Organizations in the Law of the Sea Convention", "title_es": "Participación de Organizaciones Internacionales en la Convención del Mar", "summary_en": "This document establishes the conditions under which international organizations may become Parties to the United Nations Convention on the Law of the Sea. An international organization, defined as an intergovernmental entity to which member States have transferred competence over matters governed by the Convention, may sign, formally confirm, or accede to the Convention when a majority of its member States are signatories. Participation of such organizations is limited to the transferred competences, and it does not increase the representation of their member States nor confer rights upon non-Party member States. In case of conflict, obligations under the Convention prevail over those arising from the organization's constituent instrument. The Annex sets out mechanisms for declarations, notifications, and communications to clarify the distribution of competence between the organization and its member States, as well as rules on joint and several responsibility for non-compliance and adapted dispute settlement procedures, ensuring that non-state entities can effectively participate in the Convention's framework.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/03/1992", "year": "1992", "json_url": "/data/legal/docs/norm-17967.json", "html_url": "/legal/doc/norm-17967", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=17967&strTipM=TC&nValor3=0" }, { "id": "norm-18178", "citation": "Ley 3549", "section": "norms", "doc_type": "law", "title_en": "Creation of Barranca and Jacó Districts (Puntarenas Central Canton)", "title_es": "Creación de los distritos de Barranca y Jacó (Cantón Central de Puntarenas)", "summary_en": "Law 3549 creates the 8th (Barranca) and 9th (Jacó) districts of the central canton of Puntarenas, defining their boundaries with detailed geographic descriptions referencing rivers, streams, roads, and ridges. For Barranca, it sets the north, south, east, and west boundaries and lists the communities included: Barranca as the head town, San Gerardo, La Rioja, Santa Rosa, San Miguel, San Miguelito, and El Mango. For Jacó, it delineates boundaries with the cantons of Esparta, Orotina, Turrubares, and Aguirre, and the Pacific Ocean, listing over twenty hamlets. It designates Jacó neighborhood as the head town and urban zone. The boundaries are provisional and subject to revision by the National Geographic Institute, authorized to adjust them based on official cartography. The law took effect on March 1, 1966. This administrative and territorial norm does not address substantive environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/11/1965", "year": "1965", "json_url": "/data/legal/docs/norm-18178.json", "html_url": "/legal/doc/norm-18178", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=18178&strTipM=TC&nValor3=0" }, { "id": "norm-18507", "citation": "Ley 4961", "section": "norms", "doc_type": "law", "title_en": "Tax Reform and Selective Consumption Tax Consolidation Law", "title_es": "Ley de Reforma Tributaria y Consolidación de Impuestos Selectivos de Consumo", "summary_en": "Law 4961 consolidates and reforms Costa Rica's tax system. It establishes a selective consumption tax (ISC) on goods listed in an annex—such as alcoholic beverages, tobacco, paints, vehicles, and household appliances—with ad valorem rates that the Executive Branch may reduce or temporarily increase in extreme fiscal urgency, subject to legislative ratification. It amends the sales tax (IVA) and income tax laws, introducing presumptive income rules for independent professionals and property owners, and regulates withholding on dividends and payments abroad. The law repeals prior specific consumption taxes and unifies consumption taxation into a single statute, covering exemptions, taxable base, and tax administration. It contains no environmental provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/03/1972", "year": "1972", "json_url": "/data/legal/docs/norm-18507.json", "html_url": "/legal/doc/norm-18507", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=18507&strTipM=TC&nValor3=0" }, { "id": "norm-18579", "citation": "Decreto 7841", "section": "norms", "doc_type": "executive_decree", "title_en": "Maritime-Terrestrial Zone Law Regulation", "title_es": "Reglamento a la Ley sobre la Zona Marítimo Terrestre", "summary_en": "This executive decree regulates Law 6043 on the Maritime-Terrestrial Zone, defining procedures and requirements for concessions, land use, resource exploitation, and environmental protection. It establishes the roles of municipalities, the Costa Rican Tourism Board (ICT), and other institutions in administering the public and restricted zones. It details permitted uses, concession fees based on appraisals, and priorities for granting concessions in tourist and non-tourist zones. It includes provisions for mangroves and forest reserves, prohibiting ecological alteration without authorization. It regulates exploitation of flora, fauna, and mining resources, requiring prior permits from relevant authorities, and safeguards public access and use of the zone.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "16/12/1977", "year": "1977", "json_url": "/data/legal/docs/norm-18579.json", "html_url": "/legal/doc/norm-18579", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=18579&strTipM=TC&nValor3=0" }, { "id": "norm-18788", "citation": "Decreto 22550", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Wetlands for Mangroves", "title_es": "Declaratoria de Humedales para los Manglares", "summary_en": "This executive decree declares all mangrove areas adjacent to Costa Rica's continental and insular coastlines as wetlands, regardless of their size, establishing them as a new category of multiple use within the State Forest Heritage. Thus, mangroves are inalienable and imprescriptible. Administration falls to the General Directorate of Wildlife, except for mangroves within National Parks or Biological Reserves. The decree imposes strict limits on granting permits or concessions in estuarine wetlands occupied by mangroves, prohibiting land-use change except for technically justified minimal construction of canals for saltworks or aquaculture projects. It also regulates concessions for extracting forest products (firewood, bark, coal, etc.) under sustainable management plans, requiring approval from both the General Forest Directorate and the General Wildlife Directorate. Any activity interrupting normal mangrove growth—such as dikes, drainage, or filling—is completely prohibited, and areas stripped of mangroves retain their wetland status.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "forestry-law-7575" ], "date": "14/09/1993", "year": "1993", "json_url": "/data/legal/docs/norm-18788.json", "html_url": "/legal/doc/norm-18788", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=18788&strTipM=TC&nValor3=0" }, { "id": "norm-18862", "citation": "Ley 7291-G", "section": "norms", "doc_type": "law", "title_en": "Law 7291 — Annex VII: Arbitration under the Law of the Sea Convention", "title_es": "Ley 7291 — Anexo VII: Arbitraje según la Convención de Derecho del Mar", "summary_en": "Costa Rica's Law 7291 approves the United Nations Convention on the Law of the Sea, and its Annex VII establishes a binding arbitration procedure for settling disputes between State Parties concerning the interpretation or application of the Convention. The text details each step: initiation of proceedings by written notification, composition of a five-member arbitral tribunal (including a president) from a list maintained by the UN Secretary-General, staggered appointments with strict time limits, and mechanisms for filling vacancies when parties fail to agree. It regulates the parties' duty to cooperate, the sharing of costs, decision-making majorities, the consequences of a party's default, and the final and unappealable nature of the award. It also allows for disputes over the interpretation or implementation of the award to be submitted either to the original tribunal or to another forum. While Annex VII does not directly address environmental protection, its application is critical in disputes over marine resources, continental shelf delimitation, and transboundary pollution—matters closely linked to Costa Rican environmental law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/03/1992", "year": "1992", "json_url": "/data/legal/docs/norm-18862.json", "html_url": "/legal/doc/norm-18862", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=18862&strTipM=TC&nValor3=0" }, { "id": "norm-18945", "citation": "Decreto 22838", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Río Toro Protective Zone", "title_es": "Creación de la Zona Protectora Río Toro", "summary_en": "Executive Decree 22838-MIRENEM of 1994 establishes the Río Toro Protective Zone, geographically defining the area through coordinates and topographical references. It provides that within this zone, the prohibitions and provisions of Forestry Law No. 7174 (Article 68) shall apply, aimed at soil protection, hydrological regulation, and environmental conservation. It stipulates that private lands within the area will be considered part of the protective zone only when the State acquires them; until then, owners retain full ownership rights. It instructs the Ministry of Finance to budget funds for land acquisition, subject to availability, and takes effect upon publication.", "primary_topic_id": null, "topic_ids": [], "date": "19/01/1994", "year": "1994", "json_url": "/data/legal/docs/norm-18945.json", "html_url": "/legal/doc/norm-18945", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=18945&strTipM=TC&nValor3=0" }, { "id": "norm-18955", "citation": "Decreto 2923", "section": "norms", "doc_type": "executive_decree", "title_en": "Forestry Law Regulation", "title_es": "Reglamento a la Ley Forestal", "summary_en": "This Executive Decree No. 2923-A regulates Forestry Law No. 4465 of 1969, establishing the organization and functions of the General Forestry Directorate, the National Forestry Council, and the procedures for administering the State Forestry Heritage, including national, forestry, and biological reserves. It defines the forest harvesting regime on public and private lands, deforestation permits, payment of forestry taxes and fees, and the fiscal incentive regime for reforestation. It also regulates the transport and marketing of forest products, forest and watershed protection, criminal and administrative infractions and penalties, and the rules for export and import of timber and its derivatives.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "22/01/1973", "year": "1973", "json_url": "/data/legal/docs/norm-18955.json", "html_url": "/legal/doc/norm-18955", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=18955&strTipM=TC&nValor3=0" }, { "id": "norm-1896", "citation": "Ley 5064", "section": "norms", "doc_type": "law", "title_en": "Land Titling Law", "title_es": "Ley de Titulación de Tierras", "summary_en": "Law No. 5064 establishes a special regime for the mass titling of lands in national reserves, implemented by the Institute of Lands and Colonization (ITCO). It allows the allocation of parcels to possessors who have farmed the land for at least three years in a public manner and as owners, provided they lack a registered title. The law defines a summary procedure for proving possession, with intervention by the Forestry Directorate to identify areas under a forestry regime, which are excluded from titling. Awarded lands are subject to restrictions on transfer for five years and to environmental limitations, such as the prohibition of destroying forests. Although it was subject to multiple repeals and legislative revalidations, as well as declarations of unconstitutionality, the norm was definitively repealed by Article 84 of the Agrarian Jurisdiction Law, according to the consolidated interpretation of the Constitutional Court.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "22/08/1972", "year": "1972", "json_url": "/data/legal/docs/norm-1896.json", "html_url": "/legal/doc/norm-1896", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=1896&strTipM=TC&nValor3=0" }, { "id": "norm-190", "citation": "Ley 6727", "section": "norms", "doc_type": "law", "title_en": "Workplace Risks Law", "title_es": "Ley sobre Riesgos del Trabajo", "summary_en": "This law reforms Title IV of the Labor Code to establish a mandatory workplace-risk insurance regime administered by the National Insurance Institute (INS). It defines occupational accidents and diseases, sets impairment-evaluation tables, and regulates medical and cash benefits for workers. It creates the Occupational Health Council, attached to the Ministry of Labor, with prevention and regulatory functions. It requires employers to insure their workers, report payrolls, notify risks, and provide first aid. It establishes penalties for noncompliance, including fines and work-center closure. Although its focus is social security and labor, occupational-health aspects may intersect with environmental regulations in workplaces handling hazardous substances or waste.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/03/1982", "year": "1982", "json_url": "/data/legal/docs/norm-190.json", "html_url": "/legal/doc/norm-190", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=190&strTipM=TC&nValor3=0" }, { "id": "norm-19988", "citation": "Ley 7524", "section": "norms", "doc_type": "law", "title_en": "Creation of Las Baulas de Guanacaste Marine National Park", "title_es": "Creación del Parque Nacional Marino Las Baulas de Guanacaste", "summary_en": "This law establishes the Las Baulas de Guanacaste Marine National Park with the georeferenced boundaries described in Article 1, encompassing the Tamarindo, Ventanas, and San Francisco estuaries, mangroves, hills, islands, and a fifty-meter public zone. It authorizes the State to expropriate all or part of the properties within the delimited area, considering them part of the park until acquired through purchase, donation, or expropriation, while owners retain their property rights. The park is administered by the National Parks Service of the Ministry of Natural Resources, Energy, and Mines, in collaboration with municipalities and other institutions. Funding for land acquisition and park development comes from the National Budget and public or private donations.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "10/07/1995", "year": "1995", "json_url": "/data/legal/docs/norm-19988.json", "html_url": "/legal/doc/norm-19988", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=19988&strTipM=TC&nValor3=0" }, { "id": "norm-20026", "citation": "Ley 7337", "section": "norms", "doc_type": "law", "title_en": "Law 7337 — Base salary for special offenses of the Penal Code", "title_es": "Ley 7337 — Salario base para delitos especiales del Código Penal", "summary_en": "Law 7337, known as 'Creation of the base salary for special offenses of the Penal Code,' reforms several articles of Costa Rica's Penal Code and Code of Criminal Procedure. Its main purpose is to establish a uniform base salary —equivalent to the monthly salary of the 'Office Clerk 1' position under the Ordinary Budget Law— to set the monetary thresholds that distinguish felonies from misdemeanors in theft, robbery, fraud, and property damage. The law provides that this base salary is updated annually upon publication by the Supreme Court of Justice in the official gazette, is in effect for the entire following year, and, if multiple salaries exist for the same position, the highest amount applies. It also clarifies that future variations in the amount do not constitute a change to the criminal offense, except for pending cases without a final judgment at the law's entry into force. The procedural amendments adjust articles 265, 291, 294, 421, and 474, repeal articles 310 and 323, and add a paragraph to article 401 of the Code of Criminal Procedure. The law takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/05/1993", "year": "1993", "json_url": "/data/legal/docs/norm-20026.json", "html_url": "/legal/doc/norm-20026", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=20026&strTipM=TC&nValor3=0" }, { "id": "norm-20139", "citation": "Ley 7396", "section": "norms", "doc_type": "law", "title_en": "Law on Exemption of Tax on Agricultural Machinery Property", "title_es": "Ley de Exención de Impuesto a la Propiedad de Maquinaria Agrícola", "summary_en": "This law establishes an exemption from the property taxes regulated under Articles 9 and 13 of Law No. 7088 of November 30, 1987, for certain self-propelled agricultural machinery. The exemption applies to rubber-tired tractors, track-type tractors, cane loaders, grain harvesters, and any other type of self-propelled agricultural machinery. Its purpose is to reduce the tax burden on agricultural producers, encouraging investment in machinery and modernization of the agricultural sector. No additional conditions or requirements are established to qualify for the tax benefit, other than the equipment being one of the described goods. The law is effective from its publication date.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/05/1994", "year": "1994", "json_url": "/data/legal/docs/norm-20139.json", "html_url": "/legal/doc/norm-20139", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=20139&strTipM=TC&nValor3=0" }, { "id": "norm-20421", "citation": "Ley 7331", "section": "norms", "doc_type": "law", "title_en": "Traffic Law on Public Land Routes", "title_es": "Ley de Tránsito por Vías Públicas Terrestres", "summary_en": "This Law No. 7331 governs the circulation of all vehicles, persons, and livestock on Costa Rican public roads, as well as road safety, the vehicle ownership regime, mandatory insurance, and driver's licenses. It sets requirements for vehicles, drivers, and circulation, including pollutant emission limits and a points system. It was largely repealed by Law No. 9078, but retains some transitory provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/04/1993", "year": "1993", "json_url": "/data/legal/docs/norm-20421.json", "html_url": "/legal/doc/norm-20421", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=20421&strTipM=TC&nValor3=0" }, { "id": "norm-20665", "citation": "Decreto 22482", "section": "norms", "doc_type": "executive_decree", "title_en": "Manuel Antonio National Park Public Use Regulation", "title_es": "Reglamento de Uso Público del Parque Nacional Manuel Antonio", "summary_en": "This Executive Decree establishes the rules that every visitor must follow within the terrestrial and marine portions of Manuel Antonio National Park. Its purpose is to balance the tourist experience with the preservation of the protected area, given the fragility of its ecosystems and the negative impacts of uncontrolled visitation. The regulation sets the opening hours (Tuesday to Sunday with a flexible weekly closure), prohibits entry with pets, alcohol, food, speakers, drones, or electronic cigarettes, and regulates activities such as boat anchoring and tourist disembarkation. It divides the park into three management zones —intensive use, extensive use, and intangible— each with different levels of restriction. The most sensitive trails, such as Perezoso and Puerto Escondido, are subject to maximum visitor quotas and the requirement to be accompanied by authorized guides. The park administration is empowered to modify schedules, suspend access for reasons of force majeure or public convenience, and expel those who violate the rules.", "primary_topic_id": null, "topic_ids": [], "date": "24/08/1993", "year": "1993", "json_url": "/data/legal/docs/norm-20665.json", "html_url": "/legal/doc/norm-20665", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=20665&strTipM=TC&nValor3=0" }, { "id": "norm-21014", "citation": "Ley 7399", "section": "norms", "doc_type": "law", "title_en": "Hydrocarbons Law", "title_es": "Ley de Hidrocarburos", "summary_en": "The Hydrocarbons Law establishes that the State holds absolute, inalienable and imprescriptible dominion over all petroleum and hydrocarbon deposits in the national territory. Its purpose is to develop, promote, regulate and control the exploration and exploitation of these resources while preserving and protecting the environment to ensure rational use. It creates the Directorate General of Hydrocarbons under the Ministry of Natural Resources, Energy and Mines to oversee contracts, bid specifications and technical activities. Contracts for exploration and exploitation may only be awarded through public bidding, with defined terms, area limitations, royalties payable to the State and municipalities, and obligations including environmental impact studies, financial guarantees to cover potential environmental harm, and compliance with all environmental protection and renewable natural resource recovery norms. Exploration and exploitation may take place in protected wild areas except national parks, biological reserves and areas under absolute international protection, provided competent authorities grant authorization within sixty days. The Ministry coordinates the evaluation, control and monitoring of conservation measures. The law also addresses storage, transportation, servitudes and expropriation for hydrocarbon activities, and requires environmental compliance as a fundamental element of all operations.", "primary_topic_id": null, "topic_ids": [], "date": "03/05/1994", "year": "1994", "json_url": "/data/legal/docs/norm-21014.json", "html_url": "/legal/doc/norm-21014", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=21014&strTipM=TC&nValor3=0" }, { "id": "norm-2107", "citation": "Ley 6734", "section": "norms", "doc_type": "law", "title_en": "Agrarian Jurisdiction Law", "title_es": "Ley de Jurisdicción Agraria", "summary_en": "This now-repealed law established an agrarian jurisdiction as a specialized branch of the Costa Rican judiciary to resolve conflicts arising from agrarian legislation and activities involving the production, transformation, industrialization, and sale of agricultural products. It created agrarian courts (trial courts, a Superior Agrarian Tribunal, and a Cassation Chamber) with exclusive jurisdiction over possessory actions, boundaries, hereditary partitions, rural contracts, and appeals against resolutions of the Agrarian Development Institute (IDA). The procedure was predominantly oral, with ex officio judicial impetus, exemption from stamps and costs for low-income farmers, and a restricted system of appeals. The law explicitly excluded labor actions. It provided for the accumulation of actions, preliminary defenses, evidentiary rules, sentence enforcement, and special procedures such as excess land (demasías). Its guiding principles emphasized equity and social justice, allowing judges to evaluate evidence according to equity rather than strict common law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/03/1982", "year": "1982", "json_url": "/data/legal/docs/norm-2107.json", "html_url": "/legal/doc/norm-2107", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=2107&strTipM=TC&nValor3=0" }, { "id": "norm-21104", "citation": "Ley 7416", "section": "norms", "doc_type": "law", "title_en": "Law 7416 — Convention on Biological Diversity", "title_es": "Ley 7416 — Convenio sobre la Diversidad Biológica", "summary_en": "Law 7416 approves the Convention on Biological Diversity, signed in Rio de Janeiro in 1992. This international instrument aims at the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from genetic resources. The Convention defines key terms such as 'biological diversity,' 'ecosystem,' and 'sustainable use,' and establishes commitments for the Parties regarding in-situ and ex-situ conservation, environmental impact assessment, access to genetic resources, and technology transfer, with special attention to developing countries. It also creates a Conference of the Parties, a subsidiary body for scientific advice, a financial mechanism, and dispute settlement procedures. The law states that the Convention takes effect upon its publication, incorporating its provisions into the Costa Rican legal system. Formal approval by statute strengthens the environmental legal framework, aligning the country with global standards for biodiversity protection and sustainable development.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "30/06/1994", "year": "1994", "json_url": "/data/legal/docs/norm-21104.json", "html_url": "/legal/doc/norm-21104", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=21104&strTipM=TC&nValor3=0" }, { "id": "norm-21579", "citation": "Decreto 23069", "section": "norms", "doc_type": "executive_decree", "title_en": "Restricted Access to Gandoca-Manzanillo National Wildlife Refuge for Sea Turtle Protection", "title_es": "Acceso Restringido Refugio Nacional Vida Silvestre Gandoca-Manzanillo para Protección de Tortugas Marinas", "summary_en": "Executive Decree No. 23069-MIRENEM, issued in 1994, declared restricted access to Gandoca Beach within the Gandoca-Manzanillo National Wildlife Refuge during the nesting season of sea turtles (leatherback, green, hawksbill and loggerhead) from March 1 to October 31 each year. It provided that turtle-watching must be done with an authorized guide, in groups of a maximum of ten people, and prohibited the use of flashlights and photographic cameras without a permit. It limited the number of people on the beach at any one time to fifty and established a controlled entry point. It prohibited staying on the beach at night without a guide, camping, building fires, recreational activities on the dunes and the consumption of alcohol. MIRENEM officials were authorized to evict those who violate the provisions. This decree was later repealed by Article 8 of Executive Decree No. 29019 of September 19, 2000.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "21/03/1994", "year": "1994", "json_url": "/data/legal/docs/norm-21579.json", "html_url": "/legal/doc/norm-21579", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=21579&strTipM=TC&nValor3=0" }, { "id": "norm-21629", "citation": "Ley 7428", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Comptroller General's Office", "title_es": "Ley Orgánica de la Contraloría General de la República", "summary_en": "This law establishes the organization, powers, and duties of the Comptroller General's Office (CGR) as an auxiliary body of the Legislative Assembly for supreme oversight of Public Finance. It defines Public Finance, public funds, and the framework for supreme control and oversight. The CGR is granted powers of budgetary oversight, contract approval, auditing, investigation, annulment of acts, binding advisory opinions, rulemaking, and sanctioning. It regulates internal organization, including the Comptroller and Deputy Comptroller, an Advisory Council, and a Training Center. It establishes responsibilities and sanctions for public servants, precautionary measures, prohibition of re-entry to Public Finance for offenders, and cancellation of council member credentials. It includes provisions on prescription of liability, due process, and enforcement of sanctions. It is the fundamental norm of Costa Rica's supreme oversight system, applicable to all entities and bodies comprising Public Finance and, optionally, to private entities managing public funds.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/09/1994", "year": "1994", "json_url": "/data/legal/docs/norm-21629.json", "html_url": "/legal/doc/norm-21629", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=21629&strTipM=TC&nValor3=0" }, { "id": "norm-21733", "citation": "Decreto 3", "section": "norms", "doc_type": "executive_decree", "title_en": "Official Nomenclature Standard for Transport Vehicles", "title_es": "Norma Oficial de Nomenclatura de Vehículos de Transporte", "summary_en": "This executive decree establishes the official nomenclature to be used by transport vehicles in Costa Rica. It defines an alphanumeric coding system to identify and classify different types of vehicles according to their function, capacity, and technical characteristics. The purpose of the standard is to unify criteria for vehicle identification in the country, thereby facilitating registration, fiscal control, and traffic processes. It contains no provisions related to environmental, forestry, water, biodiversity, soil, wildlife, indigenous territories, archaeological heritage, biological corridors, landscape, land subdivision, or environmental procedures. It is a technical regulation of an administrative and transport nature, unrelated to the environmental-legal topics included in the controlled vocabulary.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/10/1974", "year": "1974", "json_url": "/data/legal/docs/norm-21733.json", "html_url": "/legal/doc/norm-21733", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=21733&strTipM=TC&nValor3=0" }, { "id": "norm-21871", "citation": "Ley 7414", "section": "norms", "doc_type": "law", "title_en": "United Nations Framework Convention on Climate Change", "title_es": "Convención Marco de Naciones Unidas sobre el Cambio Climático", "summary_en": "Law 7414 approves the United Nations Framework Convention on Climate Change, adopted in New York in 1992 and signed by Costa Rica. The Convention aims to stabilize greenhouse gas concentrations in the atmosphere at a level that prevents dangerous human interference with the climate system. It establishes principles of common but differentiated responsibilities, precaution, and sustainable development. The Convention details commitments for all Parties, including emission inventories, mitigation and adaptation programs, technology transfer, and scientific cooperation. It imposes special obligations on developed countries, notably limiting emissions and providing financial resources. It creates a Conference of the Parties as the supreme body, a secretariat, and subsidiary bodies for scientific and technological advice and for implementation. It defines a financial mechanism and dispute settlement procedures. The law consists of 2 articles: the first approves the full text of the Convention and its Annexes, the second states its entry into force upon publication.", "primary_topic_id": null, "topic_ids": [], "date": "13/06/1994", "year": "1994", "json_url": "/data/legal/docs/norm-21871.json", "html_url": "/legal/doc/norm-21871", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=21871&strTipM=TC&nValor3=0" }, { "id": "norm-21944", "citation": "Ley 7508", "section": "norms", "doc_type": "law", "title_en": "Law Authorizing Autonomous or Parallel Electricity Generation", "title_es": "Ley que Autoriza la Generación Eléctrica Autónoma o Paralela", "summary_en": "Law 7508 amends Law 7200 to regulate electricity generation by private companies and cooperatives through limited-capacity plants using small-scale hydro and non-conventional energy sources. It declares the purchase of such electricity by the Costa Rican Electricity Institute (ICE) to be in the public interest and establishes a concession regime under the National Electricity Service (SNE) with a maximum of 20,000 kW and terms of up to 20 years. It also adds a chapter on energy purchase under a competitive regime, authorizing ICE to purchase up to an additional 15% of energy from hydro, geothermal, wind, and other non-conventional sources via public tender, with contracts not exceeding 20 years and an obligation to transfer assets to ICE at the end of the term. The law also allows deduction of losses for income tax purposes and access to industrial incentives, and regulates regional electricity interconnection and the applicable jurisdiction for contracts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/05/1995", "year": "1995", "json_url": "/data/legal/docs/norm-21944.json", "html_url": "/legal/doc/norm-21944", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=21944&strTipM=TC&nValor3=0" }, { "id": "norm-21993", "citation": "Decreto 23247", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Wetlands in Mangrove Areas", "title_es": "Declaratoria de humedales en áreas de manglar", "summary_en": "This decree amends Executive Decree No. 22550-MIRENEM to formally declare all mangrove areas adjacent to the country's continental and insular coastlines as wetlands, regardless of their size. It establishes a new multiple-use category aimed at reconciling the conservation of habitat for numerous wild flora and fauna species with the sustainable use of resources such as firewood, bark, charcoal, props, and utility poles. To this end, it conditions the granting of concessions on the existence of management plans based on sustainable development, which require approval from the General Forestry Directorate with the endorsement of the General Wildlife Directorate. Additionally, it absolutely prohibits any activity that disrupts the normal development of the mangrove, including the construction of dikes, drainage, filling, or other alterations that could eventually eliminate it. Areas already stripped of mangroves retain their wetland status.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "wildlife-law-7317" ], "date": "20/04/1994", "year": "1994", "json_url": "/data/legal/docs/norm-21993.json", "html_url": "/legal/doc/norm-21993", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=21993&strTipM=TC&nValor3=0" }, { "id": "norm-2206", "citation": "Ley 5792", "section": "norms", "doc_type": "law", "title_en": "Agrarian Stamp and Rural Development Financing Act", "title_es": "Ley del Timbre Agrario y Financiamiento para el Desarrollo Rural", "summary_en": "Law 5792 creates a series of consumption taxes on cigarettes and beverages, and an 'agrarian stamp' that applies to numerous legal acts and contracts, such as property transfers, vehicle registrations and company incorporations. The collected funds are allocated to the Rural Development Institute (INDER, formerly IDA) to finance its rural development objectives, including land allocation and regularization. The law also decrees the expropriation of uncultivated lands owned by United Brands, Chiriquí Land Company and the Costa Rican Banana Company, giving priority to landless farmers for subsequent allocation. Furthermore, the totality of cigarette taxes previously belonging to the Government is transferred to the Costa Rican Social Security Fund (CCSS) to finance health programs. The text details rates, taxable events, taxpayers and collection mechanisms, endowing INDER with tax administration powers and periodic monetary updates.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/09/1975", "year": "1975", "json_url": "/data/legal/docs/norm-2206.json", "html_url": "/legal/doc/norm-2206", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=2206&strTipM=TC&nValor3=0" }, { "id": "norm-2210", "citation": "Ley 6820", "section": "norms", "doc_type": "law", "title_en": "Amendments to the Consolidation Law of Selective Consumption Taxes", "title_es": "Reformas a la Ley de Consolidación de Impuestos Selectivos de Consumo", "summary_en": "This law reforms Title II of Law No. 4961 concerning selective consumption taxes. It establishes an ad valorem tax on the transfer of specific goods listed in annexes 1, 2, and 3, with rates of 50%, 25%, and 10% respectively. The law details the taxable event, rates, and grants the Executive Branch flexibility to modify rates and include new goods with legislative approval. It also repeals other consumption taxes at the first stage of production or commercialization, while maintaining benefits for INFOCOOP, INDER, and IFAM. It includes transitional provisions and interpretation rules based on the Central American Uniform Tariff Nomenclature (NAUCA).", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/11/1982", "year": "1982", "json_url": "/data/legal/docs/norm-2210.json", "html_url": "/legal/doc/norm-2210", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=2210&strTipM=TC&nValor3=0" }, { "id": "norm-22199", "citation": "Ley 5582", "section": "norms", "doc_type": "law", "title_en": "Caldera Port Development Loan Law", "title_es": "Ley de Préstamo y Desarrollo Portuario de Caldera", "summary_en": "This law approves a loan agreement between Costa Rica and the Export-Import Bank of Japan to finance the construction of the new Caldera port. It declares a reserved port zone of public utility, detailing its boundaries, and authorizes the direct acquisition or expropriation of necessary properties. It establishes provisions on improvements on affected lands, construction of road infrastructure (El Roble-Caldera highway, Barranca River bridge) and related works, and the obligation of INCOP to employ current workers and provide transportation. It includes environmental measures such as the sanitation of Puntarenas, the protection of mangroves in the Gulf of Nicoya, and the prohibition of polluting industries in the port zone. Additionally, it creates levies on mobilized cargo to finance the socioeconomic development of the cantons of Puntarenas and Esparza, and allocates funds for education, infrastructure, sports, and other local purposes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/10/1974", "year": "1974", "json_url": "/data/legal/docs/norm-22199.json", "html_url": "/legal/doc/norm-22199", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=22199&strTipM=TC&nValor3=0" }, { "id": "norm-22359", "citation": "Decreto 3667", "section": "norms", "doc_type": "executive_decree", "title_en": "Land transfer to ITCO in San José and Puntarenas", "title_es": "Traspaso de terrenos al ITCO en San José y Puntarenas", "summary_en": "Executive Decree 3667-G of 1974, signed by President José Figueres Ferrer and the Minister of Government, transfers free of charge approximately 267,239 hectares of state lands in various cantons of the provinces of San José and Puntarenas to the Institute of Lands and Colonization (ITCO). The measure is part of a land titling project financed through a loan from the United States Agency for International Development (AID), aiming for ITCO to regularize cadastral records and title these lands to private individuals. The decree establishes a procedure for the Forestry Directorate of the Ministry of Agriculture to object, within two months, to the issuance of titles in areas that should be declared forest reserves or other protected categories, thus conditioning titling on compliance with the prevailing Forestry Law. Subsequent transfers by ITCO to individuals will be subject to restrictions imposed by its Board of Directors and the provisions of the Forestry Law for the management of areas exclusively suitable for forestry. The decree was repealed in 2008.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "18/03/1974", "year": "1974", "json_url": "/data/legal/docs/norm-22359.json", "html_url": "/legal/doc/norm-22359", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=22359&strTipM=TC&nValor3=0" }, { "id": "norm-22564", "citation": "Ley 7369", "section": "norms", "doc_type": "law", "title_en": "Law Authorizing Transfer of Administration of the Simón Bolívar Park and Santa Ana Zoos", "title_es": "Ley que autoriza el traslado de la administración de los Zoológicos Parque Simón Bolívar y Santa Ana", "summary_en": "This law authorizes the Ministry of Natural Resources, Energy and Mines to enter into administration agreements for the Simón Bolívar and Santa Ana zoos with state entities, municipalities, universities, or nonprofit organizations, for ten-year renewable terms. The land, infrastructure, and specimens will remain state property and cannot be transferred. Entry fees are set by executive decree, and all income must be used exclusively for zoo maintenance and purposes. The administrator must submit semi-annual technical and financial reports. Supervision mechanisms and the possibility of partial contract rescission for non-compliance or pending phases are established, without liability to the State. Transitory provisions protect the labor rights of current public employees and ensure the continuity of administration of accumulated resources.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/11/1993", "year": "1993", "json_url": "/data/legal/docs/norm-22564.json", "html_url": "/legal/doc/norm-22564", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=22564&strTipM=TC&nValor3=0" }, { "id": "norm-22798", "citation": "Decreto 23259", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of Limoncito National Wildlife Refuge", "title_es": "Reforma Refugio Nacional Vida Silvestre Limoncito", "summary_en": "This executive decree amends Decree No. 23121-MIRENEM, which originally created the Limoncito National Wildlife Refuge. The reform changes the refuge's property category from state-owned to mixed, meaning it can now include privately owned lands within its boundaries, while retaining state-owned areas. The geographical limits of the refuge remain unchanged, as per the original description, located south of the city of Limón, Central canton of Limón. The decree is issued under the Wildlife Conservation Law No. 7317, which authorizes the Executive Branch to establish and modify wildlife refuges.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "27/04/1994", "year": "1994", "json_url": "/data/legal/docs/norm-22798.json", "html_url": "/legal/doc/norm-22798", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=22798&strTipM=TC&nValor3=0" }, { "id": "norm-2307", "citation": "Ley 1309", "section": "norms", "doc_type": "law", "title_en": "Law 1309 — Distribution of Lots in Puntarenas", "title_es": "Ley 1309 — Distribución de Lotes en Puntarenas", "summary_en": "This law, enacted in 1925 and amended by Law No.4071 of 1968, empowers the Municipality of the Central Canton of Puntarenas to issue registrable property titles to poor individuals who possess lots with housing in the vicinity of the Carmen neighborhood and Pueblo Nuevo neighborhood. Beneficiaries must prove possession of at least five years, have a dwelling, and own no other real estate. The lots measure a maximum of 25 by 35 meters, and each person may receive only one. Unoccupied coastal lands remain under municipal domain, designated for promenades, parks, or industrial lease, and cannot be sold or encumbered, though the State may use them for docks or coastal defenses with compensation to the Municipality. The law also allows revalidation of titles granted under repealed laws that could not be registered.", "primary_topic_id": null, "topic_ids": [], "date": "27/06/1951", "year": "1951", "json_url": "/data/legal/docs/norm-2307.json", "html_url": "/legal/doc/norm-2307", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=2307&strTipM=TC&nValor3=0" }, { "id": "norm-23261", "citation": "Ley 7600", "section": "norms", "doc_type": "law", "title_en": "Law of Equal Opportunities for Persons with Disabilities", "title_es": "Ley de Igualdad de Oportunidades para las Personas con Discapacidad", "summary_en": "This law declares the comprehensive development of persons with disabilities to be of public interest on equal terms. It establishes key definitions such as accessibility, equal opportunity, and reasonable accommodation, as well as technical aids. It details State obligations, including incorporating equality principles into plans and services, guaranteeing accessible environments, and eliminating discrimination. The law regulates access in the areas of education, employment, health, physical space, transportation, information, culture, sports, and justice, imposing adaptations and support services. It includes sanctions for discrimination and reforms to multiple codes and laws to align the legal system with the rights of persons with disabilities. It also promotes the participation of organizations of persons with disabilities in decision-making.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/1996", "year": "1996", "json_url": "/data/legal/docs/norm-23261.json", "html_url": "/legal/doc/norm-23261", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=23261&strTipM=TC&nValor3=0" }, { "id": "norm-23513", "citation": "Decreto 23066", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of cadastre authorization for plan registration in restricted zone", "title_es": "Derogación de autorización de catastro para inscripción de planos en zona restringida", "summary_en": "This executive decree repeals Executive Decree No. 22665-MP-J-TUR of October 26, 1993, which had authorized the National Cadastre to register survey plans in the maritime-terrestrial zone and other restricted zones. With this repeal, the exception that allowed such registrations is eliminated, reestablishing the general prohibition on registering plans in these protected areas. The measure seeks to strengthen the protection of the maritime-terrestrial zone, preventing the cadastral regularization of occupations or subdivisions on lands that are part of the public domain and subject to a special regime of use and conservation. The decree takes effect immediately upon publication.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "17/03/1994", "year": "1994", "json_url": "/data/legal/docs/norm-23513.json", "html_url": "/legal/doc/norm-23513", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=23513&strTipM=TC&nValor3=0" }, { "id": "norm-23655", "citation": "Ley 7527", "section": "norms", "doc_type": "law", "title_en": "General Law on Urban and Suburban Leases", "title_es": "Ley General de Arrendamientos Urbanos y Suburbanos", "summary_en": "Law 7527 comprehensively regulates lease contracts for residential and commercial, industrial, professional, and other properties. It grants tenants inalienable rights, establishes minimum three-year terms with automatic renewals, and an annual rent adjustment system for residential leases based on inflation. It delineates the obligations of both parties, grounds for contract termination, and judicial procedures such as eviction (desahucio). It also creates a special promotional regime for social housing with tax benefits. The law is of public order and overrides contrary agreements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/07/1995", "year": "1995", "json_url": "/data/legal/docs/norm-23655.json", "html_url": "/legal/doc/norm-23655", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=23655&strTipM=TC&nValor3=0" }, { "id": "norm-2366", "citation": "Ley 5031", "section": "norms", "doc_type": "law", "title_en": "Convention on the Territorial Sea and the Contiguous Zone", "title_es": "Convención sobre el Mar Territorial y la Zona Contigua", "summary_en": "Law 5031 ratifies the 1958 Geneva Convention on the Territorial Sea and the Contiguous Zone, which establishes the international legal framework for State sovereignty over territorial waters. It defines the territorial sea as the belt of sea adjacent to the coast, its breadth, baselines, bays, islands, and the right of innocent passage for foreign vessels. It also regulates the contiguous zone, where the coastal State may exercise the control necessary to prevent infringement of its customs, fiscal, immigration, or sanitary laws, up to 12 miles from the baseline. The law incorporates these standards into Costa Rican legislation, affecting maritime delimitation and the control of activities in those zones. It does not directly address environmental issues, but impacts jurisdiction over marine resources and the enforcement of environmental regulations in the territorial sea and contiguous zone.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/07/1972", "year": "1972", "json_url": "/data/legal/docs/norm-2366.json", "html_url": "/legal/doc/norm-2366", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=2366&strTipM=TC&nValor3=0" }, { "id": "norm-24025", "citation": "Decreto 23253", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of Cariari National Wetland", "title_es": "Creación del Humedal Nacional Cariari", "summary_en": "Executive Decree 23253-MIRENEM, issued on April 23, 1994, establishes the Cariari National Wetland along Costa Rica's Atlantic coast, between Moín and Tortuguero National Park. The decree justifies its creation based on the State's duty to protect natural resources and the rapid loss of wetlands due to human activities. It highlights the scenic beauty of the canals, lagoons, and estuaries, their role as transportation routes, and their importance as nursery areas for commercially valuable fish and crustaceans, as well as breeding and feeding grounds for wildlife. Article 1 provides a detailed geographical delimitation of the wetland, including rivers, canals, lagoons, and channels. Administration is assigned to the Wildlife Directorate, and a 100-meter protection strip is established on both banks of the lagoons, applying the protective zone provisions of the Forestry Law. The decree takes effect upon publication.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "wildlife-law-7317" ], "date": "23/04/1994", "year": "1994", "json_url": "/data/legal/docs/norm-24025.json", "html_url": "/legal/doc/norm-24025", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=24025&strTipM=TC&nValor3=0" }, { "id": "norm-24284", "citation": "Ley 7494", "section": "norms", "doc_type": "law", "title_en": "Administrative Procurement Law", "title_es": "Ley de Contratación Administrativa", "summary_en": "This law, largely repealed in 2021, established the general public procurement regime in Costa Rica. It regulated public tender, abbreviated tender, and direct contracting procedures for the acquisition of goods, services, and works by the administration. It included provisions on prohibitions against contracting with the State, sanctions for public officials and private parties, and objection and appeal remedies. Although repealed, its article 27 partially regained validity in 2025 for the telecommunications sector. The norm does not directly regulate environmental matters, except for the generic mention in article 59 of the need for an environmental impact study for public works.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/1995", "year": "1995", "json_url": "/data/legal/docs/norm-24284.json", "html_url": "/legal/doc/norm-24284", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=24284&strTipM=TC&nValor3=0" }, { "id": "norm-24321", "citation": "Ley 7495", "section": "norms", "doc_type": "law", "title_en": "Expropriation Law", "title_es": "Ley de Expropiaciones", "summary_en": "Expropriation Law No. 7495 regulates compulsory expropriation in Costa Rica on grounds of legally verified public interest. It allows the Public Administration to deprive private property or legitimate patrimonial rights upon prior payment of fair compensation. The law details administrative and judicial procedures, including the declaration of public interest, determination of fair price through administrative and expert appraisals, and a special expropriation proceeding before the Contentious-Administrative Court. It also covers modalities such as relocation of the expropriated party and temporary occupation of assets. It recognizes interest in favor of the expropriated and permits arbitration. The law was comprehensively amended in 2014, though several provisions reverted to earlier versions due to Constitutional Chamber rulings in 2018.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/05/1995", "year": "1995", "json_url": "/data/legal/docs/norm-24321.json", "html_url": "/legal/doc/norm-24321", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=24321&strTipM=TC&nValor3=0" }, { "id": "norm-24522", "citation": "Decreto 24337", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Registration, Use and Control of Agricultural Pesticides and Adjuvants", "title_es": "Reglamento sobre Registro, Uso y Control de Plaguicidas Agrícolas y Coadyuvantes", "summary_en": "This executive decree, repealed in 2006, established the regulatory framework for the registration, use and control of agricultural pesticides, technical products and adjuvants in Costa Rica, jointly enforced by the Ministry of Agriculture and the Ministry of Health. It defined procedures for registration, labeling, storage, transport, repackaging, trade, advertising and waste management. It included detailed technical requirements to prove product identity, quality, efficacy and toxicological safety, with mandatory environmental and health impact studies and binding input from the Health Ministry's Department of Toxic Substances and Occupational Medicine. It also regulated seizure and sanctions, and imposed joint liability on manufacturers, registrants and distributors for harm caused even under correct agricultural practice. Repealed by Executive Decree 33495 in 2006.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/04/1995", "year": "1995", "json_url": "/data/legal/docs/norm-24522.json", "html_url": "/legal/doc/norm-24522", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=24522&strTipM=TC&nValor3=0" }, { "id": "norm-24587", "citation": "Decreto 22665", "section": "norms", "doc_type": "executive_decree", "title_en": "Authorization of plan registration in the restricted zone of the Papagayo Gulf Tourism Project", "title_es": "Autoriza inscripción de planos en zona restringida del Proyecto Turístico Golfo Papagayo", "summary_en": "This executive decree authorizes the National Cadastre to register survey plans for the restricted zone of the Maritime-Terrestrial Zone within the Papagayo Gulf Tourism Project in favor of the Costa Rican Tourism Board (ICT), without prior boundary marking or approval from the National Geographic Institute (IGN). The measure is based on the State's material impossibility to immediately comply with ordinary procedures (on-site marking of the public zone) and on the public interest in developing the tourism project regulated by special laws. However, the concessionaire is obligated to mark the public zone and update cadastral registration with IGN approval before starting any construction. The decree applies exclusively within the boundaries of the Papagayo Gulf Tourism Project, considered a special case under its particular legislation.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "26/10/1993", "year": "1993", "json_url": "/data/legal/docs/norm-24587.json", "html_url": "/legal/doc/norm-24587", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=24587&strTipM=TC&nValor3=0" }, { "id": "norm-2467", "citation": "Ley 5602", "section": "norms", "doc_type": "law", "title_en": "Law Suspending the Maritime Zone Urbanization Law", "title_es": "Ley que suspende la vigencia de la Ley de Urbanización de la Zona Marítimo Terrestre", "summary_en": "This law, number 5602, suspended the effectiveness of Law No. 4558 of 1970 (amended by Law No. 4928 of 1971), which regulated the leasing and sale of maritime or fluvial beaches and islands, until a new law on the matter was enacted. It ordered the Legislative Assembly to appoint a three-member Special Commission to present a bill within two months. During the suspension, it prohibited the sale, lease, or sublease of such properties, allowing only extensions of existing leases. It also required municipalities to refrain from granting construction permits on lands held under rights derived from the suspended law. The law was later repealed in its entirety by Article 82 of Law No. 6043 of March 2, 1977, the current Maritime Zone Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/1974", "year": "1974", "json_url": "/data/legal/docs/norm-2467.json", "html_url": "/legal/doc/norm-2467", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=2467&strTipM=TC&nValor3=0" }, { "id": "norm-24814", "citation": "Decreto 1", "section": "norms", "doc_type": "executive_decree", "title_en": "Integration of the Upala District Council", "title_es": "Integra Concejo Distrito de Upala", "summary_en": "This executive decree integrates the District Council of Upala, in the Grecia canton, by appointing its full and alternate members. The norm is limited to naming the individuals who will hold the positions in said council, without regulating substantive environmental, territorial or other matters. It is an administrative act of municipal organization that does not address topics related to the environment, natural resources, biodiversity or land-use planning. Therefore, it contains no provisions linked to environmental protection, forest, water or soil management, nor to environmental impact assessment procedures, subdivisions or protected wildlands.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/01/1969", "year": "1969", "json_url": "/data/legal/docs/norm-24814.json", "html_url": "/legal/doc/norm-24814", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=24814&strTipM=TC&nValor3=0" }, { "id": "norm-24929", "citation": "Ley 7555", "section": "norms", "doc_type": "law", "title_en": "Historical-Architectural Heritage Law", "title_es": "Ley de Patrimonio Histórico-Arquitectónico", "summary_en": "Law 7555 establishes the legal framework for the conservation, protection, and preservation of Costa Rica's historical-architectural heritage. It defines the types of properties that constitute such heritage—edifications, monuments, centers, ensembles, or sites—and creates a declaration process through executive decree, involving the National Commission on Historical-Architectural Heritage, notification of owners and municipalities, and an immediate prohibition on demolition or alteration. The law imposes obligations on property owners, including preservation, maintenance, allowing inspections, and obtaining prior authorization for works. Criminal penalties include imprisonment of one to three years for damaging or destroying a declared property. It provides tax incentives, such as exemptions from property and luxury construction taxes, and authorizes credit lines for conservation. The law is of public order and supersedes urban planning regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/10/1995", "year": "1995", "json_url": "/data/legal/docs/norm-24929.json", "html_url": "/legal/doc/norm-24929", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=24929&strTipM=TC&nValor3=0" }, { "id": "norm-25107", "citation": "Ley 7526", "section": "norms", "doc_type": "law", "title_en": "1970 UNESCO Convention on Cultural Property", "title_es": "Convención UNESCO 1970 sobre Bienes Culturales", "summary_en": "This law approves Costa Rica's accession to the 1970 UNESCO Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property. The Convention defines cultural property, recognizes that illicit trafficking impoverishes the cultural heritage of countries of origin, and requires States Parties to combat such practices. Obligations include: establishing heritage protection services, creating national inventories, regulating archaeological excavations, implementing export certificates, prohibiting the import of stolen cultural property from museums or monuments, and facilitating restitution. International cooperation, education, and penal or administrative sanctions are also mandated. The accession aims to protect Costa Rican cultural heritage and cooperate in the restitution of illicitly exported cultural property.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "10/07/1995", "year": "1995", "json_url": "/data/legal/docs/norm-25107.json", "html_url": "/legal/doc/norm-25107", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=25107&strTipM=TC&nValor3=0" }, { "id": "norm-25284", "citation": "Decreto 26252", "section": "norms", "doc_type": "executive_decree", "title_en": "Sets minimum transfer values for non-industrialized wood", "title_es": "Fija valores mínimos de transferencia de madera no industrializada", "summary_en": "This Executive Decree sets the minimum transfer values for different non-industrialized wood species nationwide, pursuant to Article 74 of Forestry Law No. 7575. By establishing these base prices, the regulation aims to govern the market for raw wood and ensure commercial transactions are based on fair and transparent values, thereby contributing to the rational use of forest resources and the fight against illegal logging. The rule details the amounts per cubic meter for each authorized timber species, serving as a mandatory reference for permits, transport guides, and any sale of unprocessed wood. It was later repealed and is therefore no longer in force in Costa Rican law.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "18/06/1997", "year": "1997", "json_url": "/data/legal/docs/norm-25284.json", "html_url": "/legal/doc/norm-25284", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=25284&strTipM=TC&nValor3=0" }, { "id": "norm-25531", "citation": "Ley 7638", "section": "norms", "doc_type": "law", "title_en": "Law Creating the Ministry of Foreign Trade and PROCOMER", "title_es": "Ley de Creación del Ministerio de Comercio Exterior y PROCOMER", "summary_en": "This law creates the Ministry of Foreign Trade (COMEX) as an executive branch body responsible for defining and directing foreign trade and foreign investment policy, leading bilateral and multilateral trade negotiations, and managing special regimes such as free zones and temporary admission. It also creates the Costa Rican Foreign Trade Promoter (PROCOMER), a non-state public entity tasked with designing and coordinating export and investment programs, administering a single-window system for foreign trade, and providing technical and financial support to COMEX. The law establishes the organizational structure of both entities, including the Directorate for the Application of International Trade Agreements and the Foreign Trade Advisory Council with private sector participation. It also repeals prior norms on free zones and the export promotion center, transferring their functions and assets to the new institutions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/10/1996", "year": "1996", "json_url": "/data/legal/docs/norm-25531.json", "html_url": "/legal/doc/norm-25531", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=25531&strTipM=TC&nValor3=0" }, { "id": "norm-25638", "citation": "Decreto 5389", "section": "norms", "doc_type": "executive_decree", "title_en": "Los Santos Forest Reserve", "title_es": "Reserva Forestal Los Santos", "summary_en": "This executive decree establishes the Los Santos Forest Reserve in the Talamanca Mountain Range, spanning approximately 62,000 hectares. It declares national lands within the boundaries inalienable, subjects all private properties and pre-existing national reserves to the Forestry Regime, and requires written authorization from the Forestry Directorate for any activities. The decree orders state lands to be registered as individualized properties of the National Heritage and permits natural resource use only under technical standards and zoning approved by the Forestry Directorate. It provides that unregistered lands not protected by ten-year adverse possession revert to the State, and authorizes direct purchase or expropriation of indispensable private lands. Administration is entrusted to the Forestry Directorate with an advisory committee of local stakeholders, funded through the ordinary budget and municipal allocations.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "28/10/1975", "year": "1975", "json_url": "/data/legal/docs/norm-25638.json", "html_url": "/legal/doc/norm-25638", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=25638&strTipM=TC&nValor3=0" }, { "id": "norm-25669", "citation": "Ley 7412", "section": "norms", "doc_type": "law", "title_en": "Constitutional Reform of Article 50", "title_es": "Reforma Constitucional al Artículo 50", "summary_en": "Law 7412 amends Article 50 of the Political Constitution of Costa Rica to explicitly establish the right to a healthy and ecologically balanced environment. The amendment introduces two new paragraphs: the first recognizes that every person has the right to a healthy and ecologically balanced environment, granting standing to report acts that infringe this right and to claim reparation for the damage caused. The second new paragraph establishes the State's obligation to guarantee, defend, and preserve this right, and defers to the law to determine the corresponding responsibilities and sanctions. The amendment retains the original text of the first paragraph concerning the State's duty to promote the greatest well-being, organizing and stimulating production and the adequate distribution of wealth. This is a far-reaching constitutional reform that elevates environmental protection to the highest level and lays the foundation for the subsequent development of case law on diffuse standing and environmental protection.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "03/06/1994", "year": "1994", "json_url": "/data/legal/docs/norm-25669.json", "html_url": "/legal/doc/norm-25669", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=25669&strTipM=TC&nValor3=0" }, { "id": "norm-25872", "citation": "Decreto 3729", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Inauguration of the Atlantic Canal System", "title_es": "Declaratoria de Inauguración del Sistema de Canalización del Atlántico", "summary_en": "Executive Decree No. 3729, issued in 1974, declares inaugurated the Atlantic canal system, covering more than 400 kilometers of navigable rivers and canals between Moín and Barra del Colorado, including river terminals and complementary works. It entrusts the administration of these canals and associated assets to the Junta de Administración Portuaria y de Desarrollo Económico de la Vertiente Atlántica (JAPDEVA), within the area determined by the Instituto Geográfico Nacional. The decree also assigns to the Ministerio de Obras Públicas y Transportes (MOPT) the function of control and supervision for the maintenance and improvement of the administered assets, as well as the processing and final resolution of permits and concessions for public remunerated passenger and cargo transport services on waterways. It establishes that any substantial modification of the canals or changes in land use must be approved by the MOPT, and authorizes this ministry to prepare regulations and apply by analogy certain transport laws until the new cabotage legislation is enacted.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/05/1974", "year": "1974", "json_url": "/data/legal/docs/norm-25872.json", "html_url": "/legal/doc/norm-25872", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=25872&strTipM=TC&nValor3=0" }, { "id": "norm-25878", "citation": "Ley 7433", "section": "norms", "doc_type": "law", "title_en": "Convention for the Conservation of Biodiversity and Protection of Priority Wild Areas in Central America", "title_es": "Convenio para la Conservación de la Biodiversidad y Protección de Áreas Silvestres Prioritarias en América Central", "summary_en": "The Convention, approved by Law 7433, establishes a regional framework for biodiversity conservation and the protection of priority wild areas in Central America. Signed in 1992 by the presidents of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, it recognizes the sovereign right of States over their biological resources and commits them to conservation and sustainable use. It defines key concepts such as protected area, biodiversity, and in situ and ex situ conservation. It imposes general obligations like incorporating conservation into development policies, cooperating regionally, and promoting research. As implementation measures, it orders the development of national conservation strategies, the creation and strengthening of protected areas—including priority border zones—and the promotion of ecotourism. It designates the Central American Commission on Environment and Development (CCAD) as responsible for coordinating implementation and presenting annual reports to the Summit of Presidents.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "14/09/1994", "year": "1994", "json_url": "/data/legal/docs/norm-25878.json", "html_url": "/legal/doc/norm-25878", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=25878&strTipM=TC&nValor3=0" }, { "id": "norm-25886", "citation": "Ley 7557", "section": "norms", "doc_type": "law", "title_en": "General Customs Law", "title_es": "Ley General de Aduanas", "summary_en": "The General Customs Law regulates the entry and exit of goods, vehicles, and transport units from the national territory, customs clearance, and related acts. It establishes the National Customs Service, its functions, structure, and control powers, including verification, inspection, and investigation of offenses. It defines customs auxiliary functions (brokers, carriers, depositories, etc.), their requirements, and obligations. It creates the customs legal regime, customs tax obligation, definitive, temporary, liberatory, and perfectioning regimes. It incorporates common procedures, use of computer systems, guarantees, fiscal privileges, and sanctions. Although it includes environmental mentions in controls of dangerous goods and auction, the law is essentially customs and fiscal, without a substantive environmental focus.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/10/1995", "year": "1995", "json_url": "/data/legal/docs/norm-25886.json", "html_url": "/legal/doc/norm-25886", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=25886&strTipM=TC&nValor3=0" }, { "id": "norm-25929", "citation": "Ley 7384", "section": "norms", "doc_type": "law", "title_en": "Law Creating the Costa Rican Institute of Fisheries and Aquaculture", "title_es": "Ley de Creación del INCOPESCA", "summary_en": "This law creates the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) as a public state entity with legal personality and its own assets, attached to the National Development Plan. It defines its objectives, which include promoting and ordering the development of fishing, maritime hunting, and aquaculture, including research, and managing the conservation, use, and sustainable use of marine biological resources. The law grants INCOPESCA broad powers, such as controlling fishing in jurisdictional waters, dictating measures for the conservation and promotion of marine flora and fauna, regulating supply, establishing closed seasons, granting licenses and concessions, and ensuring compliance with fisheries legislation. It establishes the organizational structure of the Institute, including a Board of Directors, an Executive President, and various advisory commissions, as well as the sources of its assets. It does not directly address aspects of forest management, land use, visual pollution, or archaeological heritage, so its main focus is the regulation and development of the fishing and aquaculture sector in Costa Rica.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/03/1994", "year": "1994", "json_url": "/data/legal/docs/norm-25929.json", "html_url": "/legal/doc/norm-25929", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=25929&strTipM=TC&nValor3=0" }, { "id": "norm-26027", "citation": "Ley 7599", "section": "norms", "doc_type": "law", "title_en": "Land Titling Law for National Reserves", "title_es": "Ley de Titulación de Tierras Ubicadas en Reservas Nacionales", "summary_en": "Law 7599 attempted to regulate land titling in national reserves and similar areas. It was entirely struck down by the Constitutional Chamber through ruling 8560-2001 of August 28, 2001, due to unconstitutionality in its legislative process or substance. All its articles (1 to 18) were rendered void. This law has no legal force and cannot be used to title lands in national reserves, State natural heritage areas, or protected zones.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "29/04/1996", "year": "1996", "json_url": "/data/legal/docs/norm-26027.json", "html_url": "/legal/doc/norm-26027", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=26027&strTipM=TC&nValor3=0" }, { "id": "norm-26290", "citation": "Ley 7800", "section": "norms", "doc_type": "law", "title_en": "Creation of ICODER and Legal Framework for Sport and Recreation", "title_es": "Ley de Creación del ICODER y Régimen Jurídico del Deporte", "summary_en": "Law 7800 creates the Costa Rican Institute of Sport and Recreation (ICODER) as a semi-autonomous state institution to promote and encourage sports and recreation, including adapted sports for persons with disabilities. It establishes its organizational structure (National Congress, National Council, National Directorate) and defines their powers. The law regulates physical education, high-performance sports, sports federations and associations, disciplinary regimes, sports corporations, cantonal committees, and sports facilities. It creates the Administrative Tribunal for Sports Conflicts. Funding comes from liquor taxes, sports betting, and FODESAF, with detailed distribution, including a percentage for adapted sports. It provides tax exemptions and benefits for organizations declared of public utility.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/1998", "year": "1998", "json_url": "/data/legal/docs/norm-26290.json", "html_url": "/legal/doc/norm-26290", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=26290&strTipM=TC&nValor3=0" }, { "id": "norm-26314", "citation": "Ley 7593", "section": "norms", "doc_type": "law", "title_en": "Public Services Regulatory Authority Law", "title_es": "Ley de la Autoridad Reguladora de los Servicios Públicos", "summary_en": "This law creates the Public Services Regulatory Authority (ARESEP) by transforming the National Electricity Service into an autonomous institution responsible for regulating public services such as electricity, water, transportation, and waste. It establishes cost-of-service, financial balance, and environmental sustainability principles for setting rates. It defines obligations for service providers, including the protection and rational use of natural resources, and requires environmental impact studies approved by MINAE before authorizing any public service operation. It includes provisions on public hearings, administrative penalties, and revocation of concessions for non-compliance with environmental regulations or mitigation measures. It also creates the Telecommunications Superintendency (SUTEL) to regulate that sector, incorporating environmental criteria into network installation. In summary, ARESEP integrates the environmental variable as a cross-cutting axis in the regulation of all public services under its purview.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "soil-conservation-7779" ], "date": "09/08/1996", "year": "1996", "json_url": "/data/legal/docs/norm-26314.json", "html_url": "/legal/doc/norm-26314", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=26314&strTipM=TC&nValor3=0" }, { "id": "norm-26391", "citation": "Decreto 25838", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Tourism Development Incentives Regulation", "title_es": "Reforma al Reglamento de Incentivos para el Desarrollo Turístico", "summary_en": "This executive decree amends Article 32(b) of the Regulation to the Tourism Development Incentives Law (Executive Decree No. 24863-H-TUR) to unify aviation fuel (Jet Fuel and Av-Gas) prices at Juan Santamaría and Daniel Oduber (Liberia) airports. It sets a flat factor of US$0.04011 per liter to cover direct fuel handling costs, so that the resulting price is the same at both airports. Additionally, it provides that Refinadora Costarricense de Petróleo S.A. will review this factor at least once a year to adjust the pricing formula. The amendment aims to facilitate flight access to Liberia Airport through equitable fuel pricing, thereby boosting tourism development in that region.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/1997", "year": "1997", "json_url": "/data/legal/docs/norm-26391.json", "html_url": "/legal/doc/norm-26391", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=26391&strTipM=TC&nValor3=0" }, { "id": "norm-26393", "citation": "Ley 7727", "section": "norms", "doc_type": "law", "title_en": "Alternative Conflict Resolution and Promotion of Social Peace Law", "title_es": "Ley sobre Resolución Alterna de Conflictos y Promoción de la Paz Social", "summary_en": "This law establishes the general framework for alternative dispute resolution in Costa Rica, promoting dialogue, negotiation, mediation, and conciliation as methods to resolve available patrimonial differences. It regulates judicial and extrajudicial conciliation and mediation, defining principles, duties of mediators, requirements for agreements, and their res judicata effect. The arbitration chapter was repealed by Law 10535 in 2024, which added requirements for arbitrators and adjusted institutional regulation. It also includes provisions on peace education and the obligation of lawyers to inform about alternative mechanisms. Centers administering these processes require authorization from the Ministry of Justice, which exercises control and may revoke it. The law repeals articles of the Civil Procedure Code and sets deadlines for regulations. Its focus is extra-environmental, with no direct link to Costa Rican environmental law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/12/1997", "year": "1997", "json_url": "/data/legal/docs/norm-26393.json", "html_url": "/legal/doc/norm-26393", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=26393&strTipM=TC&nValor3=0" }, { "id": "norm-26421", "citation": "Ley 7779", "section": "norms", "doc_type": "law", "title_en": "Soil Use, Management and Conservation Law", "title_es": "Ley de Uso, Manejo y Conservación de Suelos", "summary_en": "Law 7779 establishes the legal framework for soil protection, conservation, and improvement in Costa Rica, integrating soil management with other natural resources. It declares public interest in state and private action in this field. The Ministry of Agriculture and Livestock (MAG) is designated as the lead agency, in coordination with the Ministry of Environment and Energy (MINAE). The law creates planning instruments such as the National Soil Management and Conservation Plan and area plans (based on river basins), with a participatory approach through area committees and public hearings. It imposes obligations on landowners and possessors, such as preventing degradation and allowing inspections. It regulates soil contamination, with the Ministry of Health coordinating the issuance of technical provisions. Fiscal and credit incentives are included for those who use land according to its use capacity. Offenses are defined, and a strict liability regime is established for soil damage, with fines whose proceeds finance the law.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "biodiversity-law-7788", "soil-conservation-7779" ], "date": "30/04/1998", "year": "1998", "json_url": "/data/legal/docs/norm-26421.json", "html_url": "/legal/doc/norm-26421", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=26421&strTipM=TC&nValor3=0" }, { "id": "norm-26456", "citation": "Ley 7438", "section": "norms", "doc_type": "law", "title_en": "Basel Convention on Hazardous Waste Control", "title_es": "Convenio de Basilea sobre Control de Desechos Peligrosos", "summary_en": "Law 7438 approves Costa Rica's adherence to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Convention establishes an international framework to control the transboundary movement of hazardous and other wastes, aiming to protect human health and the environment. It defines 'hazardous wastes' and 'other wastes' (Annexes I and II), and imposes general obligations: Parties must minimize waste generation, establish environmentally sound disposal facilities, and prohibit exports to non-consenting or non-Party States. It regulates the prior notification and consent procedure for transboundary movements, the obligation of environmentally sound management, and defines illegal traffic as criminal. It also provides for the designation of competent authorities, focal points, international cooperation, and the Conference of the Parties. Detailed annexes cover waste categories (Annexes I, II, VIII, IX), hazardous characteristics (Annex III), disposal operations (Annex IV), and notification procedures (Annexes V, VI). The 2019 amendment (Law 9681) prohibits movements of hazardous wastes from Annex VII countries (OECD, EU) to other States for Annex IV operations.", "primary_topic_id": null, "topic_ids": [], "date": "06/10/1994", "year": "1994", "json_url": "/data/legal/docs/norm-26456.json", "html_url": "/legal/doc/norm-26456", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=26456&strTipM=TC&nValor3=0" }, { "id": "norm-26481", "citation": "Ley 7472", "section": "norms", "doc_type": "law", "title_en": "Law for the Promotion of Competition and Effective Consumer Protection", "title_es": "Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor", "summary_en": "This law establishes the regulatory framework for consumer protection and competition promotion in Costa Rica. It creates the National Consumer Commission (CNC) and the Commission for Promoting Competition (COPROCOM), empowering them to penalize monopolistic practices, abusive clauses, and misleading advertising. It also regulates merchants' obligations regarding information, warranties, and product quality, as well as consumers' rights. It includes provisions on deregulation, elimination of unnecessary procedures, and protection of health, safety, and the environment in consumer relations. It is of public order and non-waivable by the parties.", "primary_topic_id": null, "topic_ids": [], "date": "20/12/1994", "year": "1994", "json_url": "/data/legal/docs/norm-26481.json", "html_url": "/legal/doc/norm-26481", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=26481&strTipM=TC&nValor3=0" }, { "id": "norm-26487", "citation": "Decreto 24638", "section": "norms", "doc_type": "executive_decree", "title_en": "Rancho La Merced Mixed National Wildlife Refuge", "title_es": "Refugio Nacional de Vida Silvestre Mixto Rancho La Merced", "summary_en": "Executive Decree No. 24638-MIRENEM declares the Mixed National Wildlife Refuge 'Rancho La Merced', located in Cortés district, Osa canton, Puntarenas. The area comprises 341 hectares owned by Rancho La Merced S.A., containing primary and secondary forests and rich biodiversity of tree species, birds, mammals, amphibians and reptiles. The declaration follows the state's interest in strengthening wildlife protection and rational use of natural resources under the Wildlife Conservation Law (Law 7317). The refuge is subject to a management plan approved and supervised by the General Directorate of Wildlife, and the owner voluntarily participates for an initial five-year renewable term. Activities harming flora and fauna are prohibited, and visitor access is restricted.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "biological-corridors", "wildlife-law-7317", "biodiversity-law-7788" ], "date": "08/08/1995", "year": "1995", "json_url": "/data/legal/docs/norm-26487.json", "html_url": "/legal/doc/norm-26487", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=26487&strTipM=TC&nValor3=0" }, { "id": "norm-26537", "citation": "Ley 3763", "section": "norms", "doc_type": "law", "title_en": "Convention on Nature Protection and Wildlife Preservation in the Americas", "title_es": "Convención para la Protección de la Flora, Fauna y Bellezas Escénicas Naturales", "summary_en": "This law approves and ratifies the Convention signed by Costa Rica in 1940, aimed at protecting and conserving flora, fauna, and natural landscapes. It defines protected area categories such as national parks, national reserves, natural monuments, and wilderness reserves. It establishes obligations for contracting parties, including the creation of such areas, prohibition of commercial exploitation in national parks, international scientific cooperation, and special protection for migratory birds and species listed in an annex. It also clarifies that the term 'National Reserves' does not modify the provisions of the ITCO Organic Law.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "landscape-protection" ], "date": "19/10/1966", "year": "1966", "json_url": "/data/legal/docs/norm-26537.json", "html_url": "/legal/doc/norm-26537", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=26537&strTipM=TC&nValor3=0" }, { "id": "norm-26598", "citation": "Ley 7509", "section": "norms", "doc_type": "law", "title_en": "Real Property Tax Law", "title_es": "Ley de Impuesto sobre Bienes Inmuebles", "summary_en": "Law 7509 establishes an annual tax in favor of municipalities on real property, including land and fixed constructions. It defines taxable subjects (owners, possessors, concessionaires), the taxable base (value registered by the municipal tax administration), and a rate of 0.25%. It exempts from tax state-owned properties, forest reserves, indigenous reserves, biological reserves, national parks, watersheds, public educational and health institutions, and the sole dwelling of individuals up to a value of 45 base salaries, among others. It creates the Technical Standardization Body attached to the Ministry of Finance to ensure homogeneity in valuations. It regulates valuation procedures, property declarations every five years, automatic modification of the taxable base upon transfer of ownership, mortgages, or improvements, and administrative and judicial remedies against assessments. It provides that tax debts constitute a preferential legal mortgage and that municipalities must transfer a percentage to the National Cadastre.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/05/1995", "year": "1995", "json_url": "/data/legal/docs/norm-26598.json", "html_url": "/legal/doc/norm-26598", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=26598&strTipM=TC&nValor3=0" }, { "id": "norm-268", "citation": "Ley 4155", "section": "norms", "doc_type": "law", "title_en": "Law Transferring Maritime Zone to Municipality of Puntarenas", "title_es": "Ley de Traspaso de Zona Marítima a Municipalidad de Puntarenas", "summary_en": "This law interprets Article 7 of Law No. 4071 of 1968, clarifying that what is transferred to the Municipality of the central canton of Puntarenas is ownership of the maritime terrestrial zone comprising the salt flat or mangrove adjacent to the estuaries that flow into the Puntarenas estuary, as well as the two hundred meters of solid ground bordering that salt flat. It further declares that strip of solid ground to be an urban zone of the city of Puntarenas. This interpretation seeks to resolve ambiguities in the original transfer, precisely defining the territorial scope of the ownership transfer in favor of the local government.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "16/07/1968", "year": "1968", "json_url": "/data/legal/docs/norm-268.json", "html_url": "/legal/doc/norm-268", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=268&strTipM=TC&nValor3=0" }, { "id": "norm-2683", "citation": "Ley 5338", "section": "norms", "doc_type": "law", "title_en": "Foundations Law", "title_es": "Ley de Fundaciones", "summary_en": "This law establishes the legal framework for foundations in Costa Rica, granting them separate legal personality as private entities of public utility, not-for-profit, dedicated to educational, charitable, artistic, literary, scientific or social welfare activities. It governs their incorporation by public deed or will, their administration by a board with members appointed by the founder, the Executive Branch and the relevant municipality, and oversight by the General Comptroller. It provides tax exemptions and registration fee waivers, and details procedures for modifying administration, dissolution or receiving public funds. The law includes provisions on transparency in managing public donations and the possibility of dissolution due to inability to fulfill purposes or criminal sanctions against legal entities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/08/1973", "year": "1973", "json_url": "/data/legal/docs/norm-2683.json", "html_url": "/legal/doc/norm-2683", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=2683&strTipM=TC&nValor3=0" }, { "id": "norm-2687", "citation": "Ley 5662", "section": "norms", "doc_type": "law", "title_en": "Social Development and Family Allowances Law", "title_es": "Ley de Desarrollo Social y Asignaciones Familiares", "summary_en": "Law 5662 creates and regulates the Social Development and Family Allowances Fund (FODESAF), administered by the Directorate General of Social Development and Family Allowances (DESAF). It establishes financing through a 5% surcharge on public and private employer payrolls and allocates fixed percentages of the Fund's ordinary and extraordinary income to various social assistance institutions and programs, such as IMAS, PANI, CCSS (Non-Contributory Pension Scheme), MEP (school cafeterias), INAMU, and others. The law aims to combat poverty and support vulnerable populations, with beneficiary selection based on SINIRUBE. It is a public order and social legislation law, unrelated to environmental law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/12/1974", "year": "1974", "json_url": "/data/legal/docs/norm-2687.json", "html_url": "/legal/doc/norm-2687", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=2687&strTipM=TC&nValor3=0" }, { "id": "norm-26946", "citation": "Resolución 947", "section": "norms", "doc_type": "resolution", "title_en": "Regulation on the C-Neutrality Procedure", "title_es": "Reglamento sobre el procedimiento de la C-Neutralidad", "summary_en": "This resolution from the Ministry of Environment and Energy (MINAE) establishes the official procedure for public and private organizations to obtain and maintain Carbon Neutrality (C-Neutrality) recognition in Costa Rica. It defines the stages of the process: measuring the carbon footprint, reducing emissions, offsetting residual emissions through the purchase of domestically generated carbon credits, and verification by an accredited body. The regulation creates the ‘C-Neutral’ seal and governs its use, along with annual reporting and recognition renewal obligations. It designates the Climate Change Directorate (DCC) of MINAE as the competent authority to administer the program, and FONAFIFO as the entity responsible for validating forestry offsets. The regulation aims to incentivize voluntary climate action by the private and public sectors, aligning with the National Climate Change Strategy and Costa Rica's international commitments on greenhouse gas mitigation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/08/1997", "year": "1997", "json_url": "/data/legal/docs/norm-26946.json", "html_url": "/legal/doc/norm-26946", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=26946&strTipM=TC&nValor3=0" }, { "id": "norm-27411", "citation": "Ley 7774", "section": "norms", "doc_type": "law", "title_en": "Law for Segregation of Lands from the Northern Border Wildlife Refuge", "title_es": "Ley de Segregación de Terrenos del Refugio de Vida Silvestre de la Frontera Norte", "summary_en": "This law segregates a specific area from the Northern Border Wildlife Refuge, located along the border between Costa Rica and Nicaragua, at the coordinates of the Sapoá River. The segregated lands are designated for customs, immigration, and trade purposes. The respective municipality is tasked with administering this zone, with the authority to grant concessions for services or productive activities, and with planning advice from INVU and ICT. The Instituto de Desarrollo Agrario is authorized to lease urban lands within the segregated area, in accordance with the Law on Land Titling in National Reserves (Law 7599). The Executive Branch is instructed to issue regulations within sixty days of publication. This segregation reduces the protected area of the wildlife refuge, potentially affecting biodiversity and ecological connectivity in the border region.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "21/05/1998", "year": "1998", "json_url": "/data/legal/docs/norm-27411.json", "html_url": "/legal/doc/norm-27411", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=27411&strTipM=TC&nValor3=0" }, { "id": "norm-27738", "citation": "Ley 7554", "section": "norms", "doc_type": "law", "title_en": "Organic Environmental Law", "title_es": "Ley Orgánica del Ambiente", "summary_en": "The Organic Environmental Law No. 7554 establishes the fundamental legal framework for the protection and conservation of the environment and natural resources in Costa Rica. Enacted in 1995, this law defines the guiding principles of national environmental law, including the right to a healthy and ecologically balanced environment, liability for environmental damage, and sustainable development. It creates the National Environmental Technical Secretariat (SETENA) as the body responsible for environmental impact assessment of activities that alter the environment. It also establishes the Environmental Administrative Tribunal, the Environmental Comptroller, and Regional Environmental Councils. The law regulates essential aspects such as citizen participation, environmental education, territorial planning, protected wild areas, biological diversity, marine and coastal resources, water, soil, air, pollution, and organic production. It sets forth administrative sanctions and promotes the integration of environmental considerations into public and private policies, laying the groundwork for environmental management in the country.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "procedural-environmental", "landscape-protection", "wildlife-law-7317", "art-50-constitution", "environmental-law-7554" ], "date": "04/10/1995", "year": "1995", "json_url": "/data/legal/docs/norm-27738.json", "html_url": "/legal/doc/norm-27738", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=27738&strTipM=TC&nValor3=0" }, { "id": "norm-28326", "citation": "Ley 7729", "section": "norms", "doc_type": "law", "title_en": "Real Estate Tax Law Reform", "title_es": "Reforma de la Ley del Impuesto sobre Bienes Inmuebles", "summary_en": "This law substantially reforms the Real Estate Tax Law (Law 7509), granting municipalities the role of tax administration for valuing, billing, and collecting this tax. It establishes a new procedure for a five-yearly declaration by owners, but clarifies that such declaration is not under oath, and allows ex officio valuations. It defines causes for automatic modification of the taxable base, including ownership transfers, mortgages, subdivisions, and constructions. It creates the Technical Standardization Body, attached to the Ministry of Finance, to standardize and improve the accuracy of valuations nationwide. It also regulates administrative appeals against valuations (revocation, appeal to the municipal council, and appeal to the Administrative Tax Tribunal), and sets the tax rate at 0.25% annually on the registered value.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/12/1997", "year": "1997", "json_url": "/data/legal/docs/norm-28326.json", "html_url": "/legal/doc/norm-28326", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=28326&strTipM=TC&nValor3=0" }, { "id": "norm-2840", "citation": "Ley 5867", "section": "norms", "doc_type": "law", "title_en": "Prohibition Payment Compensation Law", "title_es": "Ley de compensación por pago de prohibición", "summary_en": "Law 5867 establishes an economic compensation on the base salary for personnel of the Tax Administration and other public officials who, by reason of their positions, are subject to the prohibition contained in Article 118 of the Code of Tax Rules and Procedures, excluding members of the Tax Administrative Tribunal. The compensation varies by academic level: 65% for professionals with a licentiate degree or higher, and 15% for university bachelors, although later reforms by Law 9635 modified these percentages to a general 30% for certain cases. The law also extends the benefit to other officials such as heads of the State's basic financial organization, technicians from various directorates (including the General Forestry Directorate of the Ministry of Agriculture), customs administrators, and personnel of the Office of the Attorney General, among others. Beneficiaries may not privately engage in activities related to their profession, except for teaching, and the Ministry of Finance and the General Directorate of Civil Service determine the cases of application.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/12/1975", "year": "1975", "json_url": "/data/legal/docs/norm-2840.json", "html_url": "/legal/doc/norm-2840", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=2840&strTipM=TC&nValor3=0" }, { "id": "norm-28691", "citation": "Ley 7333-A", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Judiciary of 1993", "title_es": "Ley Orgánica del Poder Judicial de 1993", "summary_en": "This law, while primarily reforming the organization of the Judiciary and the disciplinary regime of the Bar Association, contains an article that creates a Superior Court in San Carlos, with jurisdiction in cantons that include areas of high environmental relevance. This provision has implications for access to justice in environmental disputes in the northern region, where there are important protected areas, indigenous territories, and land-use conflicts. The law also repeals previous norms and modifies the suspension of lawyers, but its core environmental interest is the new judicial jurisdiction.", "primary_topic_id": null, "topic_ids": [], "date": "05/05/1993", "year": "1993", "json_url": "/data/legal/docs/norm-28691.json", "html_url": "/legal/doc/norm-28691", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=28691&strTipM=TC&nValor3=0" }, { "id": "norm-28693", "citation": "Decreto 25721", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Forestry Law", "title_es": "Reglamento a la Ley Forestal", "summary_en": "This executive decree develops Forestry Law No. 7575, establishing operational definitions, the organization and powers of the State Forestry Administration, and detailed procedures for forest management and harvesting. It regulates forestry regencies, voluntary forest certification, transport of forest products, and protection against fires and pests. It establishes the framework for financial incentives such as the Forest Conservation Certificate and Payment for Environmental Services, including contracts, requirements, and grounds for breach. It incorporates recent amendments creating a differentiated payment approach for ecosystem services for forest protection, recognizing premiums for biodiversity and water resources, and establishes funds for sustainable development.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "subdivision-fraccionamiento", "environmental-law-7554", "forestry-law-7575" ], "date": "17/10/1996", "year": "1996", "json_url": "/data/legal/docs/norm-28693.json", "html_url": "/legal/doc/norm-28693", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=28693&strTipM=TC&nValor3=0" }, { "id": "norm-29017", "citation": "Ley 7653", "section": "norms", "doc_type": "law", "title_en": "Electoral Code and Organic Law of the Supreme Electoral Tribunal Reform", "title_es": "Reforma Código Electoral y Ley Orgánica de Tribunal Supremo de Elecciones", "summary_en": "Law 7653 extensively amends Costa Rica's Electoral Code, updating procedures for the exercise of suffrage, the organization of electoral bodies, requirements for the registration and operation of political parties, electoral propaganda, state contributions to parties, and sanctions for electoral offenses. It also modifies the Organic Law of the Supreme Electoral Tribunal and the Civil Registry, adjusting the composition of the Tribunal, procedures for identity cards and change of address, and incorporating a new chapter on sanctions. The law aims to modernize electoral regulations, strengthen oversight of political financing, and guarantee the purity of suffrage.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/12/1996", "year": "1996", "json_url": "/data/legal/docs/norm-29017.json", "html_url": "/legal/doc/norm-29017", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=29017&strTipM=TC&nValor3=0" }, { "id": "norm-29078", "citation": "Ley 7998", "section": "norms", "doc_type": "law", "title_en": "Law 7998 — Lot donation to the 9-1-1 Emergency System", "title_es": "Ley 7998 — Donación de lote al Sistema de Emergencias 9-1-1", "summary_en": "The Legislative Assembly authorizes the State to segregate a 3,321.82 m² plot from property registered under folio real 218935, located in San José, in front of the Tobías Bolaños Airport. The lot is removed from the public domain and donated to the 9-1-1 Emergency System for the construction of a building. The law contains no provisions on natural resources, land use, or environmental assessment; it solely regulates the transfer of a fiscal asset to an emergency entity. Hence, it has no relevance to environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/05/2000", "year": "2000", "json_url": "/data/legal/docs/norm-29078.json", "html_url": "/legal/doc/norm-29078", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=29078&strTipM=TC&nValor3=0" }, { "id": "norm-29252", "citation": "Ley 7755", "section": "norms", "doc_type": "law", "title_en": "Law on Control of Specific Budget Allocations", "title_es": "Ley de Control de Partidas Específicas con Cargo al Presupuesto Nacional", "summary_en": "This law governs the allocation, distribution, and oversight of specific budget allocations from the national budget for local and regional works, programs, and projects. It designates municipalities and qualified private entities as beneficiaries, with communities selecting the latter through municipal channels. A joint government-municipal committee defines annual distribution per canton using population, poverty, and geographic extent criteria. It mandates community participation in project prioritization and requires municipal councils to activate participatory mechanisms. Treasury principles require direct payments to beneficiaries, separate bank accounts, and disbursements tied to project progress. Public officials who allow third-party intermediaries commit the criminal offense of dereliction of duty. Operational expenditures are capped, and municipalities with low tax collection effectiveness face budget reductions. The law aims to ensure transparency, efficiency, and participatory local development using public funds.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/02/1998", "year": "1998", "json_url": "/data/legal/docs/norm-29252.json", "html_url": "/legal/doc/norm-29252", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=29252&strTipM=TC&nValor3=0" }, { "id": "norm-29254", "citation": "Ley 7786", "section": "norms", "doc_type": "law", "title_en": "Law on Narcotics, Psychotropic Substances, Unauthorized Drugs, Related Activities, Money Laundering, and Terrorist Financing", "title_es": "Ley sobre estupefacientes, sustancias psicotrópicas, drogas de uso no autorizado, actividades conexas, legitimación de capitales y financiamiento al terrorismo", "summary_en": "This law, identified as No. 7786 comprehensively amended by Law No. 8204 and later retitled by Law No. 8719, constitutes Costa Rica's legal framework for the prevention, control, and punishment of illicit drug trafficking, narcotics, and psychotropic substances, as well as money laundering and terrorist financing. It regulates everything from medical prescriptions and limited lawful activities to the State’s duties in prevention and rehabilitation. It establishes a robust procedural and institutional scaffold, including the creation of the Costa Rican Drug Institute (ICD) as the lead agency, a Financial Intelligence Unit (FIU), and imposes compliance obligations (due diligence, suspicious transaction reports) on financial entities and professionals such as notaries. It criminalizes a range of offenses with penalties ranging from months to 20 years in prison, and provides for seizure and confiscation of assets linked to drug trafficking and related crimes, allocating resources to the ICD. It introduces special procedures such as controlled deliveries, undercover agents, and international cooperation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/1998", "year": "1998", "json_url": "/data/legal/docs/norm-29254.json", "html_url": "/legal/doc/norm-29254", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=29254&strTipM=TC&nValor3=0" }, { "id": "norm-29302", "citation": "Ley 7732", "section": "norms", "doc_type": "law", "title_en": "Securities Market Regulatory Law", "title_es": "Ley Reguladora del Mercado de Valores", "summary_en": "This law, Law 7732, establishes the regulatory framework for securities markets in Costa Rica. It creates the Superintendencia General de Valores (Sugeval) as a highly decentralized body of the Central Bank, charged with ensuring transparency, proper price formation, investor protection, and information dissemination. The law regulates the public offering of securities, primary and secondary organized markets, stock exchanges, brokerage firms and agents, investment funds and their management companies, custodial entities, risk rating agencies, and the clearing and settlement system. It defines rules of conduct for participants, including handling inside information and preventing conflicts of interest. It establishes a regime of administrative infractions and sanctions, and provides for the integration and functions of the National Council for Supervision of the Financial System (Conassif), which directs the financial superintendencies. The law does not address environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/12/1997", "year": "1997", "json_url": "/data/legal/docs/norm-29302.json", "html_url": "/legal/doc/norm-29302", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=29302&strTipM=TC&nValor3=0" }, { "id": "norm-29306", "citation": "Ley 7799", "section": "norms", "doc_type": "law", "title_en": "JASEC Reform Law", "title_es": "Ley de Reforma de JASEC", "summary_en": "This law reforms the Law Creating the Administrative Board of the Municipal Electric Service of Cartago (No. 3300) to update and expand JASEC's functions, structure, and legal framework. The board is defined as a non-state public-law entity with financial, administrative, and technical autonomy, authorized to provide additional public services beyond electricity, such as telecommunications and cable TV, and to sell advisory and training services. Its governance structure includes a Board of Directors, General Management, and Internal Audit, with detailed duties for each. JASEC is authorized to raise funds through securities issuance, enter into business partnerships, and use public spaces for its operations. The law also regulates the transfer of assets from ICE to the municipality, tax exemptions, and dispute resolution mechanisms. It is essentially an institutional and operational law for a municipal public service provider.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/1998", "year": "1998", "json_url": "/data/legal/docs/norm-29306.json", "html_url": "/legal/doc/norm-29306", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=29306&strTipM=TC&nValor3=0" }, { "id": "norm-29422", "citation": "Ley 7915", "section": "norms", "doc_type": "law", "title_en": "Reform of Loan for Puerto Caldera with EXIMBANK of Japan", "title_es": "Reforma de Préstamo para Puerto Caldera con EXIMBANK de Japón", "summary_en": "This law amends Article 2 of Law No. 5582 (1974), as amended by Law No. 6309 (1979), to expand the reserved port zone of Puerto Caldera in Puntarenas, declaring the lands within new boundaries described using Lambert coordinates as of public interest. Certain elevated areas in the Mata de Limón hill are excepted for navigation and telecommunication services. The Ministry of Public Works and Transport is authorized to carry out infrastructure works, including coastal protection. The zone will be governed by the Maritime-Terrestrial Zone Law (Law No. 6043). Furthermore, the Municipality of Esparza is ordered to develop a regulatory and urban planning plan for the surrounding areas released, ensuring adequate urban, social, and environmental development, in accordance with the Urban Planning Law. The map prepared by the National Geographic Institute is made official, and the municipality is authorized to use funds from the maritime-terrestrial zone fee for the regulatory plan.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/09/1999", "year": "1999", "json_url": "/data/legal/docs/norm-29422.json", "html_url": "/legal/doc/norm-29422", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=29422&strTipM=TC&nValor3=0" }, { "id": "norm-2958", "citation": "Ley 5980", "section": "norms", "doc_type": "law", "title_en": "World Heritage Convention", "title_es": "Convención para la Protección del Patrimonio Mundial, Cultural y Natural", "summary_en": "This law ratifies the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage adopted by UNESCO. It outlines the duties of State Parties to identify, protect, conserve, rehabilitate, and transmit cultural and natural heritage within their territory to future generations. It defines 'cultural heritage' (monuments, groups of buildings, sites) and 'natural heritage' (natural features, geological formations, habitats of threatened species, and natural sites) of outstanding universal value. It creates the World Heritage Committee responsible for maintaining the World Heritage List and the List of World Heritage in Danger. It also establishes the World Heritage Fund for international assistance in protecting such properties. The Convention imposes a duty on States to cooperate internationally and not to cause damage to the heritage of other State Parties.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "16/11/1976", "year": "1976", "json_url": "/data/legal/docs/norm-2958.json", "html_url": "/legal/doc/norm-2958", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=2958&strTipM=TC&nValor3=0" }, { "id": "norm-29604", "citation": "Decreto 25167", "section": "norms", "doc_type": "executive_decree", "title_en": "Restriction on Timber Harvesting of Almendro Trees", "title_es": "Restricción para el Aprovechamiento Maderable de Árboles de Almendro", "summary_en": "Executive Decree No. 25167-MINAE, issued in 1996, imposes a total restriction on the standing timber harvesting of almendro trees (Dipteryx panamensis) within a defined geographic zone between the San Carlos and Sarapiquí rivers on Costa Rica's Atlantic slope. The measure is based on the almendro serving as the critical nesting and feeding habitat of the great green macaw (Ara ambigua), an endangered species whose reproductive population was estimated at only 25 to 35 breeding pairs at the time of the decree. The decree further prohibits the collection, destruction, or removal of great green macaw eggs, chicks, and nests, as well as hunting, capturing, or exploiting the macaw, classifying these actions as crimes. MINAE is ordered to reinforce control and supervision of forest harvests in the zone, establish compensation measures for owners of almendro forests and trees, and give priority to the zone for the issuance of Forest Conservation Certificates and the environmental services benefits established in Article 69 of the Forestry Law. The decree also prioritizes environmental education campaigns about the great green macaw's situation and inter-institutional coordination to support habitat conservation initiatives.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "wildlife-law-7317", "forestry-law-7575" ], "date": "23/04/1996", "year": "1996", "json_url": "/data/legal/docs/norm-29604.json", "html_url": "/legal/doc/norm-29604", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=29604&strTipM=TC&nValor3=0" }, { "id": "norm-29646", "citation": "Resolución 042", "section": "norms", "doc_type": "resolution", "title_en": "Procedures Manual for the Payment of Environmental Services", "title_es": "Manual de Procedimientos para el Pago de Servicios Ambientales", "summary_en": "This resolution constitutes the Procedures Manual for the Payment of Environmental Services (PES), jointly issued by MINAE, SINAC, and FONAFIFO. It establishes the technical and administrative procedures to access payments for environmental services generated by forests and forest plantations, in accordance with Forestry Law No. 7575. It defines priority areas based on criteria for reforestation, forest management, and protection, including parameters such as slope, productive potential, biological corridors, and water protection. It regulates minimum and maximum areas for each PES modality (reforestation, management, and protection), requirements for individual beneficiaries and organizations, contractual obligations, and procedures for application, approval, registration of management plans, and disbursements by FONAFIFO. It also details model contracts, technical annexes for developing management plans, and guidelines for forestry regency reports, establishing the fundamental operational framework for Costa Rica's PES program.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "biological-corridors" ], "date": "30/04/1999", "year": "1999", "json_url": "/data/legal/docs/norm-29646.json", "html_url": "/legal/doc/norm-29646", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=29646&strTipM=TC&nValor3=0" }, { "id": "norm-29811", "citation": "Decreto 25700", "section": "norms", "doc_type": "executive_decree", "title_en": "Total ban on harvesting endangered tree species", "title_es": "Veda total de aprovechamiento de árboles en peligro de extinción", "summary_en": "This executive decree establishes a total and indefinite ban on the harvesting of seventeen timber tree species that are in danger of extinction in Costa Rica. The measure is based on scientific studies demonstrating the threat to these species, which are located outside protected wild areas, and seeks to ensure their protection and conservation. The decree imposes obligations on forestry professionals to include these individuals in management plans and inventories, and on owners of land where they are found to report them to the State Forestry Administration. Additionally, it creates a mechanism for trading standing trees as 'species in conservation' through the Agricultural Products Exchange (Bolsa de Productos Agropecuarios), allowing landowners to receive economic compensation without felling the trees. The ban is subject to semiannual review by the State Forestry Administration, which may extend or revoke it upon certification of sufficient population to allow sustainable use.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "wildlife-law-7317" ], "date": "15/11/1996", "year": "1996", "json_url": "/data/legal/docs/norm-29811.json", "html_url": "/legal/doc/norm-29811", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=29811&strTipM=TC&nValor3=0" }, { "id": "norm-29857", "citation": "Decreto 26935", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Community Development Law", "title_es": "Reglamento a la Ley sobre Desarrollo de la Comunidad", "summary_en": "This executive decree issues the Regulation for Law No. 3859 on Community Development, repealing the previous regulation. It defines the organization, purposes, and functions of the National Directorate for Community Development (DINADECO) and the National Development Council, and regulates in detail the establishment, structure, operation, assets, dissolution, and oversight of community development associations (comprehensive and specific) and their higher bodies (unions, federations, and Confederation). It includes provisions on branches, the audit office, the executive secretary, general assemblies, boards of directors, and creates the National Congress of Associations. It also authorizes DINADECO to promote agreements between public entities and associations for the provision of maintenance services for community infrastructure, roads, and properties, in compliance with the Public Procurement Law, to generate employment and promote local socioeconomic development.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/04/1998", "year": "1998", "json_url": "/data/legal/docs/norm-29857.json", "html_url": "/legal/doc/norm-29857", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=29857&strTipM=TC&nValor3=0" }, { "id": "norm-30349", "citation": "Decreto 28174", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Requirements and Procedures for Archaeological Studies", "title_es": "Reglamento de Requisitos y Trámites para Estudios Arqueológicos", "summary_en": "Executive Decree 28174-MP-C-MINAE-MEIC establishes the requirements and procedures for conducting archaeological studies in Costa Rica. It repeals all previous regulations inconsistent with its provisions and aims to harmonize the protection of archaeological heritage with economic development, pursuant to the National Archaeological Heritage Law (Law 6703) and international treaties. The decree defines the stages of inspection, evaluation, and archaeological rescue, and clarifies that earth movements do not require prior authorization from the National Museum, except when chance finds occur. In the event of discovering archaeological objects during works, the responsible party must immediately notify the National Museum and halt only the affected area. The Museum has 15 days to inspect and another 15 days to propose rescue work, but administrative silence does not imply automatic approval, as several positive silence provisions were annulled by the Constitutional Chamber. The regulation also permits voluntary archaeological studies by hiring professionals accredited by the National Archaeological Commission (CAN). The CAN maintains a registry of authorized individuals and is responsible for approving evaluation and rescue proposals. The CAN Regulation is amended to ensure promptness and efficiency in its actions.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "12/10/1999", "year": "1999", "json_url": "/data/legal/docs/norm-30349.json", "html_url": "/legal/doc/norm-30349", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=30349&strTipM=TC&nValor3=0" }, { "id": "norm-30360", "citation": "Decreto 26959", "section": "norms", "doc_type": "executive_decree", "title_en": "Ratification of the Protocol on the Abolition of the Death Penalty", "title_es": "Ratificación del Protocolo relativo a la Abolición de la Pena de Muerte", "summary_en": "Executive Decree No. 26959-RE, of March 30, 1998, ratifies the Protocol to the American Convention on Human Rights concerning the Abolition of the Death Penalty, signed on October 28, 1991. The Legislative Assembly had approved ratification via Law No. 7747 of February 23, 1998. With this decree, Costa Rica formalizes its accession to this international instrument, depositing the instrument of ratification with the General Secretariat of the Organization of American States. The Protocol prohibits the application of the death penalty in the States Parties, subject to express reservations, and reinforces the right to life as a fundamental human right. The decree consists of two articles: the first materializes the ratification, and the second establishes its effectiveness from the date of issuance. It is a foreign policy and human rights procedure, with no environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/03/1998", "year": "1998", "json_url": "/data/legal/docs/norm-30360.json", "html_url": "/legal/doc/norm-30360", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=30360&strTipM=TC&nValor3=0" }, { "id": "norm-30400", "citation": "Decreto 27694", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Article 89 of the Forestry Law Regulation on proof of ownership", "title_es": "Reforma al artículo 89 del Reglamento a la Ley Forestal sobre medios de prueba de propiedad", "summary_en": "This decree amends Article 89 of the Regulation to Forestry Law No. 7575 to specify the appropriate means of proving ownership or possession before the State Forestry Administration. The preamble notes that the prior text allowed proof of title through possessory information, perpetual memory, or sworn statements, instruments that did not provide legal certainty. The amendment maintains that forest harvesting permits in forests, tree cutting on agricultural or urban lands, agroforestry, reforestation, natural regeneration, and environmental services payment projects will only proceed on privately registered lands or lands subject to possession, removing references to documents that do not constitute reliable proof of ownership. The aim is to prevent fraud and ensure that forestry exploitation is authorized only on properties whose title is duly accredited according to the legal system.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "13/01/1999", "year": "1999", "json_url": "/data/legal/docs/norm-30400.json", "html_url": "/legal/doc/norm-30400", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=30400&strTipM=TC&nValor3=0" }, { "id": "norm-30464", "citation": "Ley 7762", "section": "norms", "doc_type": "law", "title_en": "General Law on Public Works Concessions with Public Services", "title_es": "Ley General de Concesión de Obras Públicas con Servicios Públicos", "summary_en": "This law establishes the legal framework for the Costa Rican Public Administration to grant concessions to third parties (public or private) for the design, financing, construction, conservation and operation of public works, including the provision of public services. It regulates public works concessions, public works with service concessions, and infrastructure asset optimization. It creates the National Concessions Council (CNC) as the governing body attached to MOPT, and the National Concessions Fund to finance studies and projects. It details the bidding procedure, the rights and obligations of the parties, the economic regime (tariffs, tax benefits), sanctions, and grounds for termination. It includes environmental provisions requiring environmental impact studies and environmental guarantees in accordance with the Environmental Law, as well as obligations to consider road safety and accessibility.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "14/04/1998", "year": "1998", "json_url": "/data/legal/docs/norm-30464.json", "html_url": "/legal/doc/norm-30464", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=30464&strTipM=TC&nValor3=0" }, { "id": "norm-30721", "citation": "Ley 7888", "section": "norms", "doc_type": "law", "title_en": "Amendment to Article 30 of the Municipal Code on per diems", "title_es": "Reforma del artículo 30 del Código Municipal sobre dietas", "summary_en": "This law amends Article 30 of Law No. 7794, the Municipal Code of Costa Rica, changing the calculation and payment of per diems for council members (both regular and substitute) and for district trustees (síndicos). It establishes a tiered system of per-session payments based on the ordinary municipal budget, ranging from ₡6,000 for budgets up to ₡100 million to ₡17,500 for budgets over ₡1 billion. It regulates how many sessions are compensable, the payment of travel and lodging expenses for those living far from the municipal seat, and the percentage of the per diem received by substitutes and trustees. It also provides for loss of the per diem for lateness or early departure from sessions, and allows an annual increase of up to 20% if the municipal budget has grown proportionally.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/06/1999", "year": "1999", "json_url": "/data/legal/docs/norm-30721.json", "html_url": "/legal/doc/norm-30721", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=30721&strTipM=TC&nValor3=0" }, { "id": "norm-31131", "citation": "Ley 7933", "section": "norms", "doc_type": "law", "title_en": "Regulatory Law of Condominium Property", "title_es": "Ley Reguladora de la Propiedad en Condominio", "summary_en": "This law establishes the condominium property regime in Costa Rica, regulating the constitution, administration, and dissolution of condominiums in vertical or horizontal developments, including social interest condominiums. It defines private (subsidiary) and common property, the rights and obligations of co-owners, decision-making procedures in the assembly, and the internal regulations. It also allows virtual assemblies, strengthens the mortgage guarantee for unpaid common expenses, and, for social interest condominiums, provides for the transfer of public service infrastructure to the respective providers. The law repeals the previous Horizontal Property Law and amends several articles of the Civil Code. It does not address specific environmental matters beyond tangential references to common green areas or parks, so its content is primarily of civil and urbanistic law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/10/1999", "year": "1999", "json_url": "/data/legal/docs/norm-31131.json", "html_url": "/legal/doc/norm-31131", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=31131&strTipM=TC&nValor3=0" }, { "id": "norm-31339", "citation": "Ley 4564", "section": "norms", "doc_type": "law", "title_en": "National Registry Fees Law", "title_es": "Ley de Aranceles del Registro Nacional", "summary_en": "Law 4564 establishes the fees payable for documents submitted for registration in the National Registry and for certifications issued by it. It regulates the calculation of the tax for acts such as property transfers, mortgages, incorporation of companies, and other registrable acts. It creates the Single Property Values Registry to standardize the tax base. It provides exemptions for lien cancellations, judicial certifications, and certain public entities. The law aims to finance the modernization of the Registry and simplify registration and notarial procedures.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/04/1970", "year": "1970", "json_url": "/data/legal/docs/norm-31339.json", "html_url": "/legal/doc/norm-31339", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=31339&strTipM=TC&nValor3=0" }, { "id": "norm-31552", "citation": "Ley 6739", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Ministry of Justice and Peace", "title_es": "Ley Orgánica del Ministerio de Justicia y Paz", "summary_en": "Law 6739 establishes the structure, powers, and functions of the Ministry of Justice and Peace of Costa Rica. It defines the ministry as the liaison between the Executive and Judicial branches, and as the governing body for criminological and penitentiary policy. Its core responsibilities include administering the prison and social rehabilitation system, managing the National Registry of property and legal persons, crime prevention, and promoting social peace. The law details the ministry's main departments, such as the General Directorate of Social Adaptation and the General Directorate of the National Registry, and lists affiliated agencies including the Attorney General's Office and the Administrative Board of the National Registry. It also covers alternative dispute resolution programs and inter-institutional coordination to foster a culture of peace. This is an organic law focused on ministry organization and functions, not addressing environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/04/1982", "year": "1982", "json_url": "/data/legal/docs/norm-31552.json", "html_url": "/legal/doc/norm-31552", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=31552&strTipM=TC&nValor3=0" }, { "id": "norm-31639", "citation": "Ley 4565", "section": "norms", "doc_type": "law", "title_en": "Addition of Title II (Teaching Career) to the Civil Service Statute", "title_es": "Adición del Título II (Carrera Docente) al Estatuto de Servicio Civil", "summary_en": "This law adds a new Title II to the Civil Service Statute (Law No. 1581), establishing the Teaching Career regime for employees of the Ministry of Public Education. It defines the aims of the teaching career, entry requirements, educators' duties and prohibitions, and a disciplinary system with serious and minor offenses, including the creation of the Teaching Career Tribunal. It regulates selection, appointments, promotions, transfers, and exchanges of teaching staff, along with a detailed classification of teachers into certified, authorized, and aspirant, with subgroups by teaching levels (preschool, primary, secondary, technical-professional, special, normal, and higher education). It also establishes the basis for annual service evaluation and grading, and regimes for leave, permits, and vacations. The norm does not address environmental, natural resource, biodiversity, water, soil, forest, archaeological heritage, landscape, or environmental procedure matters; it focuses exclusively on the labor and administrative regulation of the national teaching profession.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/05/1970", "year": "1970", "json_url": "/data/legal/docs/norm-31639.json", "html_url": "/legal/doc/norm-31639", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=31639&strTipM=TC&nValor3=0" }, { "id": "norm-31673", "citation": "Ley 5469", "section": "norms", "doc_type": "law", "title_en": "Law on the Transfer of San Lucas Island", "title_es": "Ley de Traspaso de la Isla San Lucas", "summary_en": "This law, originally enacted to transfer ownership of San Lucas Island to the Municipality of Puntarenas, has been largely repealed. Article 1 transfers the property of the island, located in the Gulf of Nicoya, to said municipality. However, Articles 2 through 8, which likely contained provisions on the use and development of the island, were repealed by the Law Creating San Lucas Island National Park (No. 9892 of 2020). Article 9 establishes the law's effective date upon publication, and a transitional provision originally set a two-year deadline for relocating the existing prison on the island. Currently, San Lucas Island is a national park, so this law's environmental relevance lies in its partial repealing effect and the historical context of the island's change in purpose from a prison to a protected area.", "primary_topic_id": null, "topic_ids": [], "date": "25/04/1974", "year": "1974", "json_url": "/data/legal/docs/norm-31673.json", "html_url": "/legal/doc/norm-31673", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=31673&strTipM=TC&nValor3=0" }, { "id": "norm-31734", "citation": "Ley 3155", "section": "norms", "doc_type": "law", "title_en": "Law creating the Ministry of Public Works and Transport", "title_es": "Ley de creación del Ministerio de Obras Públicas y Transportes", "summary_en": "This law creates the Ministry of Public Works and Transport (MOPT), replacing the former Ministry of Public Works, assuming compatible rights and obligations. It defines MOPT's powers in planning, construction, maintenance, and regulation of road infrastructure, airports, ports, railways, bulk freight transport, cartography, cadaster, civil defense works, and, more recently, hydraulic works in riverbeds for emergencies and risk mitigation. It sets the organizational structure, powers to acquire by purchase or expropriation, revolving funds, direct contracting, collaboration with municipalities and other entities, and amends the General Civil Aviation Law regarding the composition of and appeals from the Civil Aviation Board. The law has been amended multiple times to update amounts and add functions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/08/1963", "year": "1963", "json_url": "/data/legal/docs/norm-31734.json", "html_url": "/legal/doc/norm-31734", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=31734&strTipM=TC&nValor3=0" }, { "id": "norm-31756", "citation": "Ley 6541", "section": "norms", "doc_type": "law", "title_en": "Para-University Higher Education Law", "title_es": "Ley de Educación Superior Parauniversitaria", "summary_en": "This law regulates the creation, operation, and supervision of para-university higher education institutions, known as university colleges, in Costa Rica. These institutions offer intermediate-level programs between diversified education and university education, lasting two to three years, and are recognized by the Higher Education Council. The law defines the purposes of these institutions, including technical and professional training, community engagement, social action, and research. It establishes the Higher Education Council as the competent authority for the creation, supervision, and elimination of programs, as well as for the approval of curricula and graduate profiles. It details aspects such as the credit system, academic load, graduation requirements, the diploma degree, and teaching staff qualifications. Provisions on the minimum administrative structure, which must include a board of directors and a dean, and on tax exemptions for assets acquired by university colleges, are also included. The law authorizes these institutions to use the name \"university college\" if they maintain agreements with official universities, and allows cooperation with public and private entities for technology and service exchange. Finally, it mandates the enactment of regulations within six months and repeals some transitional provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/11/1980", "year": "1980", "json_url": "/data/legal/docs/norm-31756.json", "html_url": "/legal/doc/norm-31756", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=31756&strTipM=TC&nValor3=0" }, { "id": "norm-32006", "citation": "Ley 6043", "section": "norms", "doc_type": "law", "title_en": "Maritime Terrestrial Zone Law", "title_es": "Ley sobre la Zona Marítimo Terrestre", "summary_en": "Law 6043 declares the maritime terrestrial zone as inalienable and imprescriptible national patrimony of the State, consisting of a 200-meter strip along the coastlines. It establishes two sections: the public zone (50 meters from the ordinary high tide) dedicated to public use and free transit, and the restricted zone (remaining 150 meters) subject to municipal concessions. It regulates the roles of the Costa Rican Tourism Institute (ICT) and municipalities in planning, development and oversight of these areas. It prohibits occupation, construction and exploitation without authorization throughout the zone, with limited exceptions. It defines the concession regime in the restricted zone, including requirements, terms, fees, grounds for extinction and criminal penalties for violations. It excludes consolidated urban areas, legitimate private properties and national parks, but reaffirms state domain over islands, mangroves and marine formations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/03/1977", "year": "1977", "json_url": "/data/legal/docs/norm-32006.json", "html_url": "/legal/doc/norm-32006", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32006&strTipM=TC&nValor3=0" }, { "id": "norm-32135", "citation": "Ley 7293", "section": "norms", "doc_type": "law", "title_en": "Law Regulating Current Exemptions", "title_es": "Ley Reguladora de Exoneraciones Vigentes", "summary_en": "This law establishes a general repeal of objective and subjective tax exemptions found in various laws, decrees, and regulations, aiming to streamline the Costa Rican tax system. It provides an exhaustive list of exceptions to this repeal, including exemptions granted by constitutional mandate, international treaties, and for specific sectors such as electricity generation programs, drinking water supply, and the conservation of natural resources and the environment. The law also modifies and repeals provisions in legislation concerning tourism incentives, income tax, sales tax, selective consumption tax, and property tax, among others, adjusting fiscal benefits and introducing control mechanisms over the use and destination of exempted goods.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/03/1992", "year": "1992", "json_url": "/data/legal/docs/norm-32135.json", "html_url": "/legal/doc/norm-32135", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32135&strTipM=TC&nValor3=0" }, { "id": "norm-32164", "citation": "Ley 1788", "section": "norms", "doc_type": "law", "title_en": "INVU Organic Law", "title_es": "Ley Orgánica del INVU", "summary_en": "This law establishes the National Institute of Housing and Urbanism (INVU) as an autonomous state entity to direct, plan, and implement housing and urban development policy in Costa Rica. It outlines the Institute's organic structure, including its Board of Directors, Management, and Audit functions, and defines broad powers such as drafting regulatory plans, building social housing, operating savings and loan systems, and acquiring or expropriating land. The law grants the INVU tax exemptions and immunity from seizure of its assets. It expressly repeals prior housing legislation and transfers assets and functions from the Housing Department of the Costa Rican Social Security Fund, with transitional provisions to ensure continuity of housing programs.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "24/08/1954", "year": "1954", "json_url": "/data/legal/docs/norm-32164.json", "html_url": "/legal/doc/norm-32164", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32164&strTipM=TC&nValor3=0" }, { "id": "norm-3218", "citation": "Ley 837", "section": "norms", "doc_type": "law", "title_en": "Income Tax Law", "title_es": "Ley de Impuesto sobre la Renta", "summary_en": "Law 837, enacted in 1946, established the income tax in Costa Rica, taxing the income of individuals and legal entities domiciled in the country, as well as Costa Rican-source income earned by non-residents. It defined gross income, net income, allowable deductions, exemptions, and progressive rates. It was a public order law that replaced the Schedular Income Tax and the previous income tax. The law underwent numerous amendments, including the addition of capital gains and dividend taxes, export incentives, and withholding regimes. It was repealed in 1988 by Law 7092, although many of its provisions were incorporated or replaced in subsequent legislation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/1946", "year": "1946", "json_url": "/data/legal/docs/norm-3218.json", "html_url": "/legal/doc/norm-3218", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=3218&strTipM=TC&nValor3=0" }, { "id": "norm-322", "citation": "Ley 2975", "section": "norms", "doc_type": "law", "title_en": "Income Tax Law Interpretation", "title_es": "Ley de Interpretación del Impuesto sobre la Renta", "summary_en": "Law No. 2975 of December 20, 1961, which amended and interpreted provisions of the Income Tax Law No. 837 of 1946. Its main provisions included: excluding from taxation sums received as Christmas bonus (aguinaldo or thirteenth-month salary) for both public and private sector workers; and modifying the deduction for support of dependents studying abroad, limiting it to cases previously authorized by the Central Bank. Most of its articles were later repealed by Law No. 3063 of 1962, leaving only certain interpretive aspects inherited in tax legislation. This law does not address environmental matters, being purely fiscal and administrative in nature.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/1961", "year": "1961", "json_url": "/data/legal/docs/norm-322.json", "html_url": "/legal/doc/norm-322", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=322&strTipM=TC&nValor3=0" }, { "id": "norm-32291", "citation": "Ley 162", "section": "norms", "doc_type": "law", "title_en": "Law 162 — Pension for María Murillo Rodríguez", "title_es": "Ley 162 — Pensión para María Murillo Rodríguez", "summary_en": "Law 162, issued by the Legislative Assembly on August 20, 1928, grants a lifetime pension to Mrs. María Murillo Rodríguez, widow of Lic. Clodomiro Picado Twight. The amount set was one hundred sixty colones per month, payable by the National Treasury, starting August 1, 1928. This pension is equivalent to those given to widows of National Education employees, under Law No. 2 of June 28, 1923. It is a specific, grace-based legislative act, unrelated to environmental matters or any framework laws in the collection.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/08/1928", "year": "1928", "json_url": "/data/legal/docs/norm-32291.json", "html_url": "/legal/doc/norm-32291", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32291&strTipM=TC&nValor3=0" }, { "id": "norm-32333", "citation": "Ley 5334", "section": "norms", "doc_type": "law", "title_en": "Montes de Oro Municipal Taxes Law", "title_es": "Ley de Impuestos Municipales de Montes de Oro", "summary_en": "Law 5334 authorizes the Municipality of Montes de Oro to collect a municipal tax from farm owners, with differentiated rates based on land use: pastures, croplands, and forests. For forested farms, the tax is two colones per hectare, while for pastures and croplands it is three colones per hectare. The law establishes exemptions for farms under five hectares dedicated to agriculture and for forest areas within livestock or agricultural farms that do not exceed twenty percent of the total area. The revenue is exclusively allocated to the construction and maintenance of local roads. This law reflects an early local environmental taxation model, predating modern forestry legislation, where forest land is taxed at a lower rate than other uses, possibly as an incentive for its conservation.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "17/08/1973", "year": "1973", "json_url": "/data/legal/docs/norm-32333.json", "html_url": "/legal/doc/norm-32333", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32333&strTipM=TC&nValor3=0" }, { "id": "norm-32354", "citation": "Ley 18", "section": "norms", "doc_type": "law", "title_en": "Law 18 — Municipality of Oreamuno: loan authorization for pipeline repair", "title_es": "Ley 18 — Municipalidad de Oreamuno: autorización de empréstito para reparación de cañería", "summary_en": "This law, enacted by the Legislative Assembly on November 14, 1945, authorizes the Municipality of the canton of Oreamuno, in the province of Cartago, to contract a loan of up to fifty thousand colones (₡50,000.00) with the National Bank of Costa Rica. The purpose of the loan is to finance the repair works of the water pipeline and drinking water distribution network in the canton. The law establishes that the funds shall be used exclusively for this purpose and that the loan shall be secured by the ordinary revenues of the municipality. The authorization is granted under the same conditions applicable to other municipal loans at the time. The law consists of two articles and was published in the 1945 Collection of Laws and Decrees. It contains no environmental provisions and does not modify forestry, water, or conservation legislation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/11/1945", "year": "1945", "json_url": "/data/legal/docs/norm-32354.json", "html_url": "/legal/doc/norm-32354", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32354&strTipM=TC&nValor3=0" }, { "id": "norm-3239", "citation": "Ley 4646", "section": "norms", "doc_type": "law", "title_en": "Law Modifying Integration of Boards of Directors of Autonomous Institutions", "title_es": "Ley de Modificación de Integración de Juntas Directivas de Instituciones Autónomas", "summary_en": "This law reforms the integration of the boards of directors of the Central Bank of Costa Rica, the state commercial banks, and a list of autonomous institutions (including ICE, CCSS, INVU, INCOP, ICT, etc.). It establishes that elective members shall be appointed by the Government Council for eight-year terms, with half the directors rotating after each change of government. It introduces the position of executive president as the highest-ranking administrative official, full-time, and regulates the composition, requirements, incompatibilities, and removal of directors, managers, and deputy managers. It also contains transitional provisions for the initial appointment of directors in 1970-1974, including a lottery mechanism and shortlists from the National Unification Party. The law has no direct environmental content; it deals exclusively with the corporate governance of autonomous institutions and the national banking system.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/10/1970", "year": "1970", "json_url": "/data/legal/docs/norm-3239.json", "html_url": "/legal/doc/norm-3239", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=3239&strTipM=TC&nValor3=0" }, { "id": "norm-32526", "citation": "Ley 6826", "section": "norms", "doc_type": "law", "title_en": "Value Added Tax Law", "title_es": "Ley del Impuesto al Valor Agregado", "summary_en": "Law 6826 establishes the value added tax (VAT) in Costa Rica, levied on the sale of goods and the provision of services within the national territory. It defines the taxable event, taxpayers, taxable base, and applicable rates, including a general rate of 13% and reduced rates for certain goods and services such as the basic food basket, medicines, and education. It provides an extensive list of exemptions and non-taxable transactions, as well as the tax credit mechanism to deduct the tax paid on purchases related to the taxed activity. It regulates monthly settlement and payment, withholding on card payments, collection on international digital purchases, and special regimes such as the simplified one for small taxpayers. The law is purely tax-related and does not address environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/11/1982", "year": "1982", "json_url": "/data/legal/docs/norm-32526.json", "html_url": "/legal/doc/norm-32526", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32526&strTipM=TC&nValor3=0" }, { "id": "norm-32527", "citation": "Ley 6975", "section": "norms", "doc_type": "law", "title_en": "Extraordinary Budget Law", "title_es": "Ley de Presupuesto Extraordinario", "summary_en": "This law amends the 1984 National Budget Law (No. 6936) and other regulations to adjust revenues, expenditures, authorize transfers, declare protected zones, tax exemptions, and pensions. Environmentally, it declares the Cerro de La Cangreja in Puriscal (Art. 93) and the Cerro El Nora source in Quepos (Art. 112) as protected zones, amends the Agrarian Jurisdiction Law (Art. 46, annulled), and allocates resources for forestry development (Art. 137). Most of its 163 articles address budgetary, municipal, pension, and fiscal matters with no direct environmental connection, so its ecological relevance is limited.", "primary_topic_id": null, "topic_ids": [], "date": "30/11/1984", "year": "1984", "json_url": "/data/legal/docs/norm-32527.json", "html_url": "/legal/doc/norm-32527", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32527&strTipM=TC&nValor3=0" }, { "id": "norm-32617", "citation": "Ley 5680", "section": "norms", "doc_type": "law", "title_en": "Tortuguero National Park Creation Law", "title_es": "Ley de Creación del Parque Nacional Tortuguero", "summary_en": "Law 5680 of 1975 creates Tortuguero National Park, geographically defining its terrestrial and marine boundaries. It declares all national reserve lands within the park inalienable and entrusts administration to the National Parks Service of the Ministry of Agriculture, assisted by an Advisory Board coordinated by JAPDEVA. The law automatically subjects existing private agricultural holdings within the park to the Forestry Regime, allowing only routine operations without tree felling. It prohibits commercial logging, hunting, capture of sea turtles or collection of their eggs from the mouth of the Río Matina to the mouth of the Río Colorado, and removal of historical or archaeological objects. Domestic and sport fishing is regulated, and the Parks Service is authorized to charge access fees. The law provides for purchase or expropriation of essential private properties and establishes a conservation fund from 20% of canal tolls. It also creates a land-use regulation zone under JAPDEVA between the Matina and Colorado rivers.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "forestry-law-7575", "wildlife-law-7317" ], "date": "03/11/1975", "year": "1975", "json_url": "/data/legal/docs/norm-32617.json", "html_url": "/legal/doc/norm-32617", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32617&strTipM=TC&nValor3=0" }, { "id": "norm-32655", "citation": "Ley 4179", "section": "norms", "doc_type": "law", "title_en": "Cooperative Associations Law", "title_es": "Ley de Asociaciones Cooperativas", "summary_en": "Law 4179 establishes the comprehensive legal framework for cooperative associations in Costa Rica, declaring them of public utility and social interest. It regulates their formation, principles based on mutual aid and democratic management, classification into various types (production, consumption, housing, self-management, co-management, among others), governance structure (assembly, board, committees), equity regime and surplus distribution. It creates the National Institute for Cooperative Development (INFOCOOP) as the governing body to promote, finance and supervise the sector, and the National Council of Cooperatives (CONACOOP) as the representative body. The law grants broad tax exemptions and privileges to cooperatives and defines mechanisms for dissolution, liquidation and control. It incorporates provisions on self-managed cooperatives—socially-owned enterprises managed by workers—and co-management, with emphasis on economic, social and democratic development. It also includes the recent creation of the National Commission of Cooperative Women (CNMC) to promote gender equity.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/08/1968", "year": "1968", "json_url": "/data/legal/docs/norm-32655.json", "html_url": "/legal/doc/norm-32655", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32655&strTipM=TC&nValor3=0" }, { "id": "norm-32694", "citation": "Ley 2151", "section": "norms", "doc_type": "law", "title_en": "Law Abolishing Various Exemptions for Autonomous Institutions", "title_es": "Ley que Suprime Exenciones Varias a Instituciones Autónomas", "summary_en": "Law 2151 abolishes customs duties, wharfage, and warehousing exemptions previously enjoyed by autonomous and semi-autonomous state institutions and municipalities. It grants the Legislative Assembly discretionary authority to confer such exemptions. However, it maintains an absolute exemption from all present and future national or municipal taxes for healthcare-related entities—such as the Social Security Fund and charity hospitals—on goods essential for their medical-assistance functions. It also preserves customs exemptions for the Costa Rican Electricity Institute on imports of machinery, fuels, and materials for the Río Macho plants. Furthermore, it aligns autonomous or semi-autonomous institutions conducting activities similar to private companies with the exemptions those companies hold by contract or law. The law partially repeals conflicting prior statutes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/08/1957", "year": "1957", "json_url": "/data/legal/docs/norm-32694.json", "html_url": "/legal/doc/norm-32694", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32694&strTipM=TC&nValor3=0" }, { "id": "norm-32708", "citation": "Ley 1581", "section": "norms", "doc_type": "law", "title_en": "Civil Service Statute", "title_es": "Estatuto de Servicio Civil", "summary_en": "The Civil Service Statute (Law No. 1581) regulates relations between the State and public servants of the Executive Branch of Costa Rica, with the purpose of ensuring the efficiency of public administration. It establishes the administrative, teaching, and artistic career regimes, including provisions on job classification, entry, selection, promotions, transfers, rights, duties, disciplinary sanctions, and dismissal regime. It creates the General Directorate of Civil Service and the Civil Service Tribunal as bodies responsible for applying and controlling the statute. The law excludes popularly elected officials, members of the public force, and positions of trust. Title II regulates the teaching career, Title III the Civil Service Tribunal, and Title IV the artistic regime. It has been significantly amended by the Public Employment Framework Law No. 10159 of 2022.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/05/1953", "year": "1953", "json_url": "/data/legal/docs/norm-32708.json", "html_url": "/legal/doc/norm-32708", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32708&strTipM=TC&nValor3=0" }, { "id": "norm-32713", "citation": "Ley 5251", "section": "norms", "doc_type": "law", "title_en": "Creation of the National Commission on Indigenous Affairs", "title_es": "Creación de la Comisión Nacional de Asuntos Indígenas", "summary_en": "Law 5251 creates the National Commission on Indigenous Affairs (CONAI), a public institution with legal personality and its own assets. Its primary objective is to promote the social, economic, and cultural betterment of Costa Rica's indigenous populations, integrating their communities into national development. The law sets out CONAI's bodies (General Assembly, Board of Directors, Special Committees, and Local Committees), their duties and powers, the institution's assets, and the functions of its members. A transitional provision declares indigenous reserves registered under ITCO as inalienable, to be used exclusively for indigenous communities, with limited, non-transferable leases permitted. The law also repeals earlier indigenous protection norms and grants tax exemptions to CONAI.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "11/07/1973", "year": "1973", "json_url": "/data/legal/docs/norm-32713.json", "html_url": "/legal/doc/norm-32713", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32713&strTipM=TC&nValor3=0" }, { "id": "norm-32840", "citation": "Ley 2825", "section": "norms", "doc_type": "law", "title_en": "Land and Colonization Law", "title_es": "Ley de Tierras y Colonización", "summary_en": "The Land and Colonization Law (Law 2825) creates the Institute of Land and Colonization (ITCO, later transformed into INDER) as an autonomous entity tasked with promoting a fair distribution of land, improving the social condition of the peasantry, and contributing to the Nation’s socio-economic development. The law establishes a rural property tenure system, defines inalienable national reserves (maritime-terrestrial zones, riverbanks, volcanic and forested areas), and prohibits private appropriation of such lands without authorization. It regulates land parceling, colonization, and agricultural credit, and creates a dispute-resolution procedure between owners and squatters, requiring mandatory Institute intervention before judicial recourse. It also provides for expropriation of latifundia or uneconomic minifundia, and dedicates provisions to the conservation of renewable natural resources, requiring that land grants respect soil use capacity and sanctioning non-compliance with conservation rules by revoking the parcel.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "14/10/1961", "year": "1961", "json_url": "/data/legal/docs/norm-32840.json", "html_url": "/legal/doc/norm-32840", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32840&strTipM=TC&nValor3=0" }, { "id": "norm-32908", "citation": "Ley 3201", "section": "norms", "doc_type": "law", "title_en": "Law 3201 — Grant of City Title to Quepos and Golfito", "title_es": "Ley 3201 — Concesión del título de Ciudad a Quepos y Golfito", "summary_en": "This law declares that the Villages of Quepos and Golfito, located in the cantons of Aguirre and Golfito respectively, are granted the title of City. The norm consists of two articles: the first confers the designation and the second establishes its entry into force upon publication. It contains no provisions of an environmental, forestry, water, biodiversity, soil conservation, wildlife, indigenous territory, archaeological heritage, biological corridor, criminal environmental liability, landscape, land tenure, subdivision, or environmental procedure nature. It is a purely administrative and honorary law, without implications for environmental management or protection.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/09/1963", "year": "1963", "json_url": "/data/legal/docs/norm-32908.json", "html_url": "/legal/doc/norm-32908", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=32908&strTipM=TC&nValor3=0" }, { "id": "norm-3304", "citation": "Ley 6835", "section": "norms", "doc_type": "law", "title_en": "Amendment to the Public Administration Salary Act", "title_es": "Reforma Ley de Salarios de la Administración Pública", "summary_en": "Law 6835 amends the Public Administration Salary Act (Law 2166 of 1957) to update the salary scale for the Costa Rican Public Sector. It establishes a new scale of 73 categories with base salaries ranging from ¢5,000 to ¢20,100, and associated annual increases for each category. The regulation provides that the scale will apply to the entire Public Sector, but allows the General Directorate of Civil Service to vary it through a resolution based on a technical study, without reducing the base salaries of affected employees or affecting their acquired rights. Additionally, it adds subsection d) to Article 12 of the original law, which recognizes, for the purpose of annual increases, the time of services rendered in other Public Sector entities, albeit non-retroactively, and clarifies that the law does not negatively affect rights established in collective bargaining agreements or conventions on salary negotiation. The amendment repeals any contrary provisions and takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/12/1982", "year": "1982", "json_url": "/data/legal/docs/norm-3304.json", "html_url": "/legal/doc/norm-3304", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=3304&strTipM=TC&nValor3=0" }, { "id": "norm-33056", "citation": "Ley 6735", "section": "norms", "doc_type": "law", "title_en": "Agrarian Development Institute Law", "title_es": "Ley del Instituto de Desarrollo Agrario", "summary_en": "This law created the Agrarian Development Institute (IDA), later transformed into the Rural Development Institute (INDER) by Law No. 9036 of 2012. Although most of its organizational articles were repealed, the law established a set of specific taxes that remain in force to finance INDER: an agrarian stamp tax on acts such as real estate transfers, vehicle registrations, and company formations; consumption taxes on cigarettes, carbonated beverages, and alcoholic beverages; and a tax on beer and wine. Article 35 amended Law No. 5792 to create these levies, and Article 40 grants INDER broad tax auditing and control powers. The law is relevant in the land tenure context because INDER is the state entity responsible for rural land administration and agrarian property regularization, impacting the management of public lands (baldíos), the State's Natural Heritage, and titling processes.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "29/03/1982", "year": "1982", "json_url": "/data/legal/docs/norm-33056.json", "html_url": "/legal/doc/norm-33056", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=33056&strTipM=TC&nValor3=0" }, { "id": "norm-33338", "citation": "Ley 6126", "section": "norms", "doc_type": "law", "title_en": "Los Chorros Municipal Recreational Park Law", "title_es": "Ley del Parque Recreativo Municipal Los Chorros", "summary_en": "This 1978 law officially declares the 'Los Chorros Municipal Recreational Park' in Tacares de Grecia, excluding the 'Tajo Los Chorros' area. It establishes that the Municipality of Grecia will administer the park with the collaboration of the National Parks Service. Private properties within its boundaries are subject to the forestry regime and may be acquired through direct purchase or expropriation, following appraisal. The law strictly prohibits tree felling, plant extraction, hunting of wildlife, and any damage to recreational or water-capture facilities within the park. It authorizes the issuance of bonds up to five million colones to fund land purchases and area development. The Costa Rican Tourism Board and the Tacares Integral Development Association are tasked with tourist exploitation. In summary, the law creates a protected recreational area with environmental restrictions, secures financing for its conservation, and delegates administration and tourism development responsibilities to local and national entities.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "wildlife-law-7317" ], "date": "09/11/1977", "year": "1977", "json_url": "/data/legal/docs/norm-33338.json", "html_url": "/legal/doc/norm-33338", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=33338&strTipM=TC&nValor3=0" }, { "id": "norm-33357", "citation": "Ley 5950", "section": "norms", "doc_type": "law", "title_en": "Reform to National Registry Law and Microfilm Copy Stamp Tax for Pledges", "title_es": "Reforma Ley Registro Nacional e Impuesto Copias Microfilm en Prendas", "summary_en": "This law amends two previous provisions: Article 2 of Law No. 4656 of 1970, which established a stamp tax on microfilm copies at the Pledge Registry, and Article 14 of Law No. 5695 of 1975, which created the National Registry. The amendment to Article 2 of Law 4656 provides that funds collected from said tax shall be deposited directly by the Central Bank into the current account of the Administrative Board of the National Registry, to be used for the purchase of materials and equipment and for maintenance expenses of the General Pledge Registry, and introduces the requirement that the stamps used on photocopies bear a special mark for control purposes. The amendment to Article 14 of Law No. 5695 authorizes the Administrative Board of the National Registry to make direct purchases and enter into contracts, hire special staff, and pay extraordinary work in necessary or urgent cases, with the sole authorization of the Comptroller General’s Office. The law takes effect upon publication. This is a purely registry, financial, and administrative norm, without any provision affecting environmental, biodiversity, forestry, water, soil, archaeological heritage, biological corridor, landscape, or environmental procedural matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/10/1976", "year": "1976", "json_url": "/data/legal/docs/norm-33357.json", "html_url": "/legal/doc/norm-33357", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=33357&strTipM=TC&nValor3=0" }, { "id": "norm-33359", "citation": "Ley 4925", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Federated College of Engineers and Architects", "title_es": "Ley Orgánica del Colegio Federado de Ingenieros y Arquitectos", "summary_en": "Law 4925 comprehensively reforms the Organic Law of the College of Engineers and Architects, creating the Federated College of Engineers and Architects of Costa Rica. It defines it as a public body with full legal personality and its own assets, composed of civil engineers, architects, and electrical/mechanical/industrial engineers. The law regulates in detail the organization, governance, membership, duties, rights, disciplinary regime, and assets of the entity. It provides that only active members may freely practice the profession and that all engineering or architectural works must be under the responsibility of such members. It establishes a Construction Stamp as a mandatory contribution and regulates professional practice, including the registration of consulting and construction firms. The law does not deal with environmental matters, being confined to the corporate and professional sphere of engineering and architecture.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/12/1971", "year": "1971", "json_url": "/data/legal/docs/norm-33359.json", "html_url": "/legal/doc/norm-33359", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=33359&strTipM=TC&nValor3=0" }, { "id": "norm-33418", "citation": "Ley 144", "section": "norms", "doc_type": "law", "title_en": "Law for Publication of Budgets of State Bodies", "title_es": "Ley de Publicación de Presupuestos de Organismos Estatales", "summary_en": "This law requires state agencies, whether autonomous or not, to publish their detailed spending budgets in the official gazette La Gaceta every six months. They must also publish detailed income and expenditure statements within the first fifteen days of January and July. Specific bodies subject to the law are listed, such as the Costa Rican Social Security Fund and others. Managers or presidents who fail to comply with the publication obligation forfeit their position. It is a budgetary transparency norm with no direct environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/08/1944", "year": "1944", "json_url": "/data/legal/docs/norm-33418.json", "html_url": "/legal/doc/norm-33418", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=33418&strTipM=TC&nValor3=0" }, { "id": "norm-33488", "citation": "Ley 12", "section": "norms", "doc_type": "law", "title_en": "Ship Registry Law", "title_es": "Ley de Abanderamiento de Barcos", "summary_en": "This law regulates the registration and nationalization of merchant vessels engaged in international traffic under the Costa Rican flag. It establishes the Merchant Registry, overseen by the Ministry of Finance, and sets forth the requirements for obtaining a Permanent Navigation Patent. It details procedures for provisional and permanent registration, fees, taxes, vessel ownership transfers, and the loss of Costa Rican nationality. The law addresses crewing requirements, the role of consuls, and exemptions from other taxes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/10/1941", "year": "1941", "json_url": "/data/legal/docs/norm-33488.json", "html_url": "/legal/doc/norm-33488", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=33488&strTipM=TC&nValor3=0" }, { "id": "norm-33524", "citation": "Ley 5554", "section": "norms", "doc_type": "law", "title_en": "Tax for the Benefit of IMAS on Motels and Unregistered Hotels", "title_es": "Impuesto en Beneficio del IMAS a Moteles y Hoteles sin Registro", "summary_en": "Law 5554 creates a tax benefiting the Joint Institute for Social Aid (IMAS) on businesses classified as motels, unregistered hotels, and similar establishments, as determined by the Ministry of Government. The tax is 30% of the rate per room use, with a minimum of one daily use per room, payable monthly. It mandates registration and declaration of room numbers, grants IMAS the power to issue enforceable debt certificates, and prescribes penalties of a fine and immediate closure for non-payment. The law was fully repealed by the Fiscal Contingency Law (Law 8343, article 70). It has no environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/08/1974", "year": "1974", "json_url": "/data/legal/docs/norm-33524.json", "html_url": "/legal/doc/norm-33524", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=33524&strTipM=TC&nValor3=0" }, { "id": "norm-33570", "citation": "Ley 218", "section": "norms", "doc_type": "law", "title_en": "Law on Reimbursement of Transport Expenses for Pedigree Breeding Stock", "title_es": "Ley de Reembolso de Gastos de Transporte de Sementales de Raza", "summary_en": "Law 218 of August 16, 1938 establishes a mechanism for the State to reimburse the transportation expenses of pedigree breeding stock imported or locally acquired, aimed at promoting national livestock improvement. The law provides that the Executive Branch, through the Ministry of Agriculture and Livestock, will cover all or part of the costs of moving these breeding animals when destined for rural areas or production farms. The law does not address environmental, forestry, biodiversity, water, soil, archaeological heritage, biological corridor, landscape, subdivision, environmental procedure, or criminal environmental liability matters. Its purpose is exclusively agricultural and productive, with no reference to ecological impact, protected areas, setbacks, concessions, or environmental assessment. Therefore, it lacks thematic relevance for the Costa Rican environmental law domain as defined by the controlled vocabulary.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/08/1938", "year": "1938", "json_url": "/data/legal/docs/norm-33570.json", "html_url": "/legal/doc/norm-33570", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=33570&strTipM=TC&nValor3=0" }, { "id": "norm-33755", "citation": "Ley 5870", "section": "norms", "doc_type": "law", "title_en": "Creation of the National Directorate of Communications", "title_es": "Creación de la Dirección Nacional de Comunicaciones", "summary_en": "This law created the National Directorate of Communications as a body under the Ministry of Governance, responsible for overseeing postal, telegraph and national radio services. It established an Administrative Board with powers to set policies, manage funds, borrow, and set fees. It also created the Philatelic Office and the Communications Board, funded by a stamp tax. The law was later entirely repealed by the Postal Law No. 7768 of 1998.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/12/1975", "year": "1975", "json_url": "/data/legal/docs/norm-33755.json", "html_url": "/legal/doc/norm-33755", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=33755&strTipM=TC&nValor3=0" }, { "id": "norm-33948", "citation": "Ley 5847", "section": "norms", "doc_type": "law", "title_en": "Ratification of Loan Agreement for the Bahía Culebra Tourism Development Study", "title_es": "Ratificación del Contrato de Préstamo para el estudio del Polo Turístico Bahía Culebra", "summary_en": "Law 5847 ratifies a loan agreement between the Costa Rican Tourism Board (ICT) and the Central American Bank for Economic Integration (CABEI) for three hundred seventy thousand US dollars, to finance a technical-economic feasibility study and master plan for the Bahía Culebra tourism development in Guanacaste. The agreement sets a ten-year term, six percent annual interest, one percent commitment fee, and repayment in sixteen equal semi-annual installments. It outlines ICT's obligations, including diligent project execution, progress reporting, accounting records maintenance, and Bank approval for consultancy contracts. The law also authorizes the Executive Branch to issue a sovereign guarantee by the Republic of Costa Rica for ICT's obligations, formalized in an attached guarantee contract. A final article stipulates that the resulting tourism development project shall be carried out by the Costa Rican State under a special law to be enacted by the Legislative Assembly. This is a financial-administrative norm without substantive environmental regulation beyond the project's geographical context.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/1975", "year": "1975", "json_url": "/data/legal/docs/norm-33948.json", "html_url": "/legal/doc/norm-33948", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=33948&strTipM=TC&nValor3=0" }, { "id": "norm-34439", "citation": "Ley 5525", "section": "norms", "doc_type": "law", "title_en": "National Planning Law", "title_es": "Ley de Planificación Nacional", "summary_en": "Law 5525 establishes the National Planning System aimed at intensifying production and productivity growth, promoting better income and social service distribution, fostering citizen participation, and recognizing Costa Rica's multiethnic and pluricultural nature. It creates the Ministry of National Planning and Economic Policy (MIDEPLÁN) as the System's lead body, responsible for preparing the National Development and Public Investment Plan, monitoring alignment of public investment projects, coordinating technical assistance, and leading public administration modernization. The law defines system bodies, coordination mechanisms, and deadlines for reports and budget submission.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/1974", "year": "1974", "json_url": "/data/legal/docs/norm-34439.json", "html_url": "/legal/doc/norm-34439", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=34439&strTipM=TC&nValor3=0" }, { "id": "norm-34483", "citation": "Ley 5113", "section": "norms", "doc_type": "law", "title_en": "Amendment to the General Public Roads Law on Road Closures and Penalties", "title_es": "Reforma a la Ley General de Caminos Públicos sobre cierre de vías y sanciones", "summary_en": "Law 5113 amends Articles 32, 35, 36, 37 and a transitional provision of the General Public Roads Law (No. 5060). It prohibits closing, narrowing or fencing off public roads without a court order, under penalty of criminal sanctions per Articles 227 and 400 of the Penal Code, and mandates road officials to report violations and initiate administrative proceedings to reopen the road, without compensation for improvements or constructions. It also defines criminal liability for officials in charge of road construction and maintenance for misappropriation of funds or property, with reference to Articles 352–355 of the Penal Code, and imposes a duty of assistance to road officials, with sanctions for failure to assist. Unspecified infractions are punishable by fines of 15 to 100 days, convertible to imprisonment in case of non-payment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/11/1972", "year": "1972", "json_url": "/data/legal/docs/norm-34483.json", "html_url": "/legal/doc/norm-34483", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=34483&strTipM=TC&nValor3=0" }, { "id": "norm-34543", "citation": "Ley 6622", "section": "norms", "doc_type": "law", "title_en": "Water and Sewer Credit Law", "title_es": "Ley de Crédito para Acueductos y Alcantarillados", "summary_en": "This law authorizes the Costa Rican Institute of Aqueducts and Sewers (AyA) to enter into loan agreements with international financial institutions for up to six hundred million colones (₡600,000,000.00), to be used for the rehabilitation, expansion, and extension of potable water, sanitary sewer, and stormwater systems in the metropolitan area of San José and other regions. The Legislative Assembly approved the loan and ratified the contract already negotiated between AyA and the United States Agency for International Development (USAID). The funds are earmarked exclusively for these purposes, and the Executive Branch is authorized to issue implementing regulations. The law reflects the public policy of the era to improve national sanitation infrastructure through external financing, under the constitutional authority of the Legislative Assembly to approve loans involving public credit.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/08/1981", "year": "1981", "json_url": "/data/legal/docs/norm-34543.json", "html_url": "/legal/doc/norm-34543", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=34543&strTipM=TC&nValor3=0" }, { "id": "norm-3463", "citation": "Ley 5507", "section": "norms", "doc_type": "law", "title_en": "Law 5507 — Autonomous Institutions Boards Reform", "title_es": "Ley 5507 — Reforma Juntas Directivas Autónomas", "summary_en": "Law 5507 of 1974 reforms the governance structure of Costa Rican autonomous institutions by creating Executive Presidencies in place of traditional Board Presidencies. It provides that government ministers shall not serve on these Boards, with exceptions such as the Central Bank. It defines the powers, full-time dedication requirement, and removal mechanisms for Executive Presidents, who assume the highest administrative authority and inter-institutional coordination duties. It also regulates Board composition, member attendance fees, and limits on paid sessions. The law is of public order and applies to entities including CNP, INVU, ICE, ITCO, AyA, CCSS, ICT, INCOP, JAPDEVA, INS, IFAM, and IMAS, repealing conflicting prior provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/04/1974", "year": "1974", "json_url": "/data/legal/docs/norm-3463.json", "html_url": "/legal/doc/norm-3463", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=3463&strTipM=TC&nValor3=0" }, { "id": "norm-34691", "citation": "Ley 15", "section": "norms", "doc_type": "law", "title_en": "Life pension for General Concepción Quesada", "title_es": "Pensión vitalicia para el General Concepción Quesada", "summary_en": "The Constitutional Congress of the Republic of Costa Rica grants General Concepción Quesada a lifetime pension of fifty colones per month, payable from the Public Treasury, in recognition of his military service to the nation and considering his old age and poverty. Enacted in 1912, this law establishes a monthly life annuity with no further conditions beyond the beneficiary's survival, representing a typical legislative grace of the period for war veterans in need.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/06/1912", "year": "1912", "json_url": "/data/legal/docs/norm-34691.json", "html_url": "/legal/doc/norm-34691", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=34691&strTipM=TC&nValor3=0" }, { "id": "norm-34831", "citation": "Ley 65", "section": "norms", "doc_type": "law", "title_en": "Pacific Railroad Administration Law", "title_es": "Ley de Administración del Ferrocarril al Pacífico", "summary_en": "This law authorizes the Executive Branch to directly administer the Pacific Railroad until its sale, establish its regulations, and appoint necessary personnel. It also regulates administrative aspects such as the bonds required from the Administrative Board, the obligation to submit reports and comply with laws, and the setting of tariffs with Executive approval. It is an institutional and administrative law related to railway infrastructure operations, with no references to environmental issues.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/06/1948", "year": "1948", "json_url": "/data/legal/docs/norm-34831.json", "html_url": "/legal/doc/norm-34831", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=34831&strTipM=TC&nValor3=0" }, { "id": "norm-3524", "citation": "Ley 6106", "section": "norms", "doc_type": "law", "title_en": "Law on Distribution of Confiscated or Forfeited Assets", "title_es": "Ley de Distribución de Bienes Confiscados o Caídos en Comiso", "summary_en": "This law governs the destination of assets seized or forfeited in judicial proceedings, mandating their donation to educational, charitable, or state institutions in need. It details procedures for various types of goods: merchandise, vehicles, livestock, perishable food, unadjudicated customs items, and unused furniture. It sets deadlines for owners or third parties with liens to claim assets before distribution, and requires public notice in the Official Gazette and newspapers. The law is of public order and repeals prior provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/11/1977", "year": "1977", "json_url": "/data/legal/docs/norm-3524.json", "html_url": "/legal/doc/norm-3524", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=3524&strTipM=TC&nValor3=0" }, { "id": "norm-35241", "citation": "Ley 5516", "section": "norms", "doc_type": "law", "title_en": "Water User Associations Law", "title_es": "Ley de Sociedades de Usuarios de Aguas", "summary_en": "This law reforms Articles 131 through 135 of the 1942 Water Law to regulate the formation and operation of water user associations for the collective use of public waters for irrigation, motive power, or other purposes. It sets the minimum number of members (five), registration with the National Electricity Service (SNE), and the required content of the public deed. The law details internal governance: general assembly with one vote per member, an elected board of directors and supervisory board, quorums, call procedures, and voting majorities. The associations have legal capacity to obtain water concessions, build infrastructure, and manage funds, but cannot engage in unrelated commercial activities. It establishes obligations regarding expenses, fees, easements, and penalties for defaulting or non-compliant members. Additionally, Article 2 creates a mandatory SNE registry for well-drilling operators, requiring a license to drill. The law takes effect upon publication.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "02/05/1974", "year": "1974", "json_url": "/data/legal/docs/norm-35241.json", "html_url": "/legal/doc/norm-35241", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=35241&strTipM=TC&nValor3=0" }, { "id": "norm-35275", "citation": "Ley 197", "section": "norms", "doc_type": "law", "title_en": "Creates Fiscal Stamp for Maritime Health", "title_es": "Crea Timbre Fiscal de Sanidad Marítima", "summary_en": "Law 197 creates a fiscal stamp for maritime health intended to collect funds for health control activities at Costa Rican ports and coasts. It provides that all imports or exports of goods by sea must include this stamp in the corresponding customs documentation, establishing a specific rate based on the value or nature of the cargo. The resources obtained are allocated to the maritime health authority to strengthen epidemic prevention, vessel inspection, and monitoring of hygienic conditions in port areas, thereby contributing to national public health.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/10/1948", "year": "1948", "json_url": "/data/legal/docs/norm-35275.json", "html_url": "/legal/doc/norm-35275", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=35275&strTipM=TC&nValor3=0" }, { "id": "norm-35441", "citation": "Ley 4366", "section": "norms", "doc_type": "law", "title_en": "Law on Administrative Territorial Division", "title_es": "Ley sobre División Territorial Administrativa", "summary_en": "This law creates the National Commission for Administrative Territorial Division and establishes the legal framework for the territorial organization of the Costa Rican State into provinces, cantons, and districts. It defines population and procedural requirements for creating new territorial units, such as minimum population thresholds and the need for a plebiscite for new provinces. It regulates boundary delimitation, prioritizing natural features and assigning the National Geographic Institute technical responsibility for surveying and mapping. Boundaries may only be modified by law, and boundary disputes are resolved through a process involving municipalities, governors, the Ministry of Governance, and the Legislative Assembly, based on technical studies. The law also updates the list of cantons by province and repeals previous legislation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/08/1969", "year": "1969", "json_url": "/data/legal/docs/norm-35441.json", "html_url": "/legal/doc/norm-35441", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=35441&strTipM=TC&nValor3=0" }, { "id": "norm-35451", "citation": "Ley 166", "section": "norms", "doc_type": "law", "title_en": "National War Pensions Law", "title_es": "Ley de Pensiones de la Guerra Nacional", "summary_en": "Law 166 of August 20, 1928 grants a specific lifetime pension to an individual in recognition of their participation and merits during the National War of 1856-1857. The norm establishes a monthly allowance charged to the Public Treasury, specifying the exact amount and conditions for receipt. This is an individual and exceptional law, unrelated to environmental, forestry, biodiversity, water, soil, indigenous territories, archaeological heritage, subdivision, biological corridors, landscape, environmental procedure, or criminal environmental liability legislation. The law reflects a legislative practice of the time of granting direct benefits to citizens for services rendered to the country in historical armed conflicts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/08/1928", "year": "1928", "json_url": "/data/legal/docs/norm-35451.json", "html_url": "/legal/doc/norm-35451", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=35451&strTipM=TC&nValor3=0" }, { "id": "norm-35569", "citation": "Ley 1721", "section": "norms", "doc_type": "law", "title_en": "Law of the Costa Rican Institute of Pacific Ports (INCOP)", "title_es": "Ley del Instituto Costarricense de Puertos del Pacífico (INCOP)", "summary_en": "Law 1721 establishes the Costa Rican Institute of Pacific Ports (INCOP) as an autonomous public entity vested with port authority on the Pacific coast. Its core mandate is to operate, directly or indirectly, state ports and related services and activities efficiently to strengthen the national economy. The law defines INCOP's assets, headquarters in Puntarenas, and indefinite duration. It sets out a governance structure comprising a Board of Directors, General Management, General Auditing Office, Concession Oversight Secretariat, and Legal Counsel. The law details the duties and powers of each body, covering planning, construction, operation, and oversight of port infrastructure and services, as well as the authority to grant concessions. It creates a Tourism Promotion Board for Puntarenas with maximum deconcentration to manage tourist facilities and foster local development. The law also addresses labor relations, budget procedures, officials' liability, and tax benefits, while tacitly repealing previous postal and telegraph franking privileges.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/12/1953", "year": "1953", "json_url": "/data/legal/docs/norm-35569.json", "html_url": "/legal/doc/norm-35569", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=35569&strTipM=TC&nValor3=0" }, { "id": "norm-35596", "citation": "Ley 7257", "section": "norms", "doc_type": "law", "title_en": "Amendment to Chapter XXVII of the Income Tax Law, No. 7092", "title_es": "Reforma al Capítulo XXVII de la Ley del Impuesto sobre la Renta, No. 7092", "summary_en": "This law introduces significant amendments to Chapter XXVII of Income Tax Law No. 7092. The primary objective is to modernize and adjust the regime of incentives and tax benefits for non-traditional exports to third markets, also known as Export Contracts or the Free Zone regime. Key concepts like 'non-traditional exports' and 'third markets' are redefined, and the maximum benefit period is extended to twelve years. The scope of tax deductions and exemptions is modified, including a 100% deduction on the income tax for net profits from such exports and the exemption from all taxes, consular duties, and sales and consumption taxes on the importation or local purchase of raw materials and operational goods. Additionally, the National Council for Investment and Foreign Trade is created, vested with key powers to define percentages, terms, conditions, and subsequent control over contracts, as well as to suspend or rescind incentives and impose sanctions for non-compliance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/09/1991", "year": "1991", "json_url": "/data/legal/docs/norm-35596.json", "html_url": "/legal/doc/norm-35596", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=35596&strTipM=TC&nValor3=0" }, { "id": "norm-35639", "citation": "Ley 2906", "section": "norms", "doc_type": "law", "title_en": "Law No. 2906 — Declaration of a Recreation and Tourism Zone between Portete and Doce Millas, Limón", "title_es": "Ley 2906 — Declaratoria de Zona de Recreo y Turismo entre Portete y Doce Millas, Limón", "summary_en": "Law No. 2906 designates a coastal strip of 200 meters in width from the ordinary high-water mark, located within the Maritime Mile between Portete (northern boundary of Limón’s urban zone) and the place known as Doce Millas, as a recreation and tourism zone, along with 100 meters on both banks of the Moín River in the section parallel to the beach. The law reserves 20 meters for a scenic highway and transfers the remainder to the Costa Rican Tourism Institute (ICT) as part of its capital for administration under the law’s provisions. It regulates the subdivision, sale, and use of lots, imposing restrictions such as a maximum 25-meter beach frontage for residential areas, a ban on acquiring more than one lot per person or family unit, mandatory dedication to tourism-related purposes (houses, hotels, cabins, spas), and compliance with ICT-approved regulations. The law also establishes rules on priority for current occupants in good faith, nullity of unapproved contracts, and control of transfers. Municipalities are prohibited from extending the urban area without legislative authorization, and the zone must be registered in the name of the State.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "24/11/1961", "year": "1961", "json_url": "/data/legal/docs/norm-35639.json", "html_url": "/legal/doc/norm-35639", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=35639&strTipM=TC&nValor3=0" }, { "id": "norm-35669", "citation": "Ley 4240", "section": "norms", "doc_type": "law", "title_en": "Urban Planning Law", "title_es": "Ley de Planificación Urbana", "summary_en": "The Urban Planning Law (Law 4240) establishes the national and municipal framework for urban development planning in Costa Rica. It defines key concepts such as national urban development plan, regulatory plan, zoning, subdivision, and urbanization. It creates the Urban Planning Directorate within INVU, responsible for preparing and overseeing the National Urban Development Plan and for reviewing and approving local regulatory plans. It grants municipalities the authority to implement regulatory plans with elements such as land use, circulation, services, and housing. It regulates zoning, establishing use zones and prohibiting incompatible uses. It details procedures for subdivisions and urbanizations, including prior municipal approval, dedication of areas for public use (roads, parks, communal facilities), and guarantees for works. It covers official maps, urban renewal, construction, expropriations, and special assessments. It includes provisions for the Metropolitan Area Planning Office of San José. The law is of public order and has undergone reforms and partial annulments.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/11/1968", "year": "1968", "json_url": "/data/legal/docs/norm-35669.json", "html_url": "/legal/doc/norm-35669", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=35669&strTipM=TC&nValor3=0" }, { "id": "norm-358", "citation": "Ley 5406", "section": "norms", "doc_type": "law", "title_en": "Regulatory Law for Remunerated Transportation of Persons in Taxi Vehicles", "title_es": "Ley Reguladora del Transporte Remunerado de Personas en Vehículos Taxis", "summary_en": "This law, now fully repealed, provided the legal framework for the remunerated transportation of persons in taxi vehicles in Costa Rica. It regulated aspects such as requirements for operating the service, establishment of taxi stands, transfer and expiration of concessions, obligations of operators, powers of the Technical Transportation Commission, fares, and certain tax exemptions. Law No. 7969 of 1999, Regulatory Law for the Public Service of Remunerated Transportation of Persons in Vehicles in the Taxi Mode, expressly repealed this statute, so it is no longer in force. The text of the law has no current legal effect and holds only historical value for understanding the legislative evolution of taxi services in the country.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/11/1973", "year": "1973", "json_url": "/data/legal/docs/norm-358.json", "html_url": "/legal/doc/norm-358", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=358&strTipM=TC&nValor3=0" }, { "id": "norm-36051", "citation": "Ley 6825", "section": "norms", "doc_type": "law", "title_en": "Municipal Taxes of Naranjo", "title_es": "Impuestos Municipales de Naranjo", "summary_en": "Law 6825, enacted on October 15, 1982, establishes municipal taxes for the canton of Naranjo in the province of Alajuela, Costa Rica. It authorizes the Municipality of Naranjo to levy a tax of three colones and fifty cents per cajuela of coffee processed within the canton, as well as a territorial tax on real estate used for coffee cultivation. The collected funds are allocated to finance municipal infrastructure works and local public services. The law also regulates administrative aspects such as sworn declarations, payment, oversight, and penalties for non-compliance. This is a cantonal fiscal law with no environmental, forest, or land-use planning implications. According to the Costa Rican Legal Information System, the norm is currently repealed and has no legal effect.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/10/1982", "year": "1982", "json_url": "/data/legal/docs/norm-36051.json", "html_url": "/legal/doc/norm-36051", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36051&strTipM=TC&nValor3=0" }, { "id": "norm-36052", "citation": "Ley 6756", "section": "norms", "doc_type": "law", "title_en": "Law on Cooperative Associations", "title_es": "Ley de Asociaciones Cooperativas", "summary_en": "This law (integral reform of Law No. 4179) declares cooperative associations to be of public interest and establishes their comprehensive legal framework. It defines cooperatives as voluntary associations of persons, not capital, operating on a non-profit basis and governed by principles of open membership, equal voting, and democratic autonomy. It provides a detailed classification of cooperative types (consumer, production, savings & credit, housing, self-managed, co-managed, among others) and regulates their formation, internal governance (general assembly, board of directors, manager, committees), social capital, and surplus distribution. The law creates the National Institute for Cooperative Development (INFOCOOP) as a public development and oversight entity, and the National Cooperative Council (CONACOOP) as the sector's representative body. It grants broad fiscal, municipal, and contracting privileges to cooperatives, exempting them from income tax by characterizing their net savings as member benefits. Special regimes are included for self-managed cooperatives (indivisible social property) and co-managed cooperatives, with specific funds for their promotion. The Labor Courts are granted jurisdiction over disputes arising under this law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/05/1982", "year": "1982", "json_url": "/data/legal/docs/norm-36052.json", "html_url": "/legal/doc/norm-36052", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36052&strTipM=TC&nValor3=0" }, { "id": "norm-3607", "citation": "Ley 2035", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the National Production Council", "title_es": "Ley Orgánica del Consejo Nacional de Producción", "summary_en": "This law creates the National Production Council (CNP) as an autonomous state institute, aimed at the integral transformation of agricultural sector activities to modernize it and make it efficient and competitive, integrating it into the international market with emphasis on small and medium-sized producers. It establishes its structure, powers, and operation, including the Board of Directors, the Executive Presidency, and the General Management. It defines its ordinary activities, such as promoting the production, industrialization, and marketing of agricultural products, operating storage infrastructure, and participating in technical and social assistance programs. It regulates the liquor monopoly through the administration of the National Liquor Factory (FANAL) and its impact on price setting and taxes. It includes financial provisions, assets, credit, and oversight by the Comptroller General of the Republic. It has been partially amended, notably the creation of the Productive Reconversion Program and adjustments to the Board's composition.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/07/1956", "year": "1956", "json_url": "/data/legal/docs/norm-3607.json", "html_url": "/legal/doc/norm-3607", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=3607&strTipM=TC&nValor3=0" }, { "id": "norm-3608", "citation": "Ley 5385", "section": "norms", "doc_type": "law", "title_en": "Repeal of the Pan-American Highway Oak Protective Zone and Land Regularization", "title_es": "Derogatoria de la zona protectora de robles en la Carretera Panamericana y regularización de tierras", "summary_en": "Law 5385 repeals the provisions of the Land and Colonization Law that declared a two-kilometer strip on both sides of the Pan-American Highway, where oak trees existed, a National Park and subject to a restrictive regime. It eliminates the special forest protection for oak forests along that road. The law also establishes a land tenure regularization mechanism in that strip: it grants free title to those who prove peaceful, public, and uninterrupted possession for ten years, and authorizes ITCO to sell parcels directly to other occupants, excluding the value of improvements, with a ten-year payment period. It thus converts a former forest protection zone into land open to private titling, with implications for forest cover and oak forest conservation.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "30/10/1973", "year": "1973", "json_url": "/data/legal/docs/norm-3608.json", "html_url": "/legal/doc/norm-3608", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=3608&strTipM=TC&nValor3=0" }, { "id": "norm-36168", "citation": "Ley 2155", "section": "norms", "doc_type": "law", "title_en": "Law conferring city title on Osa canton", "title_es": "Ley que confiere título de ciudad al cantón de Osa", "summary_en": "This 1958 law elevates the head town of Osa canton, formerly known as Villa de Puerto Cortés, to the rank of city. The provision is brief and honorary-administrative in nature, merely conferring the city title and setting its effective date upon publication. It contains no substantive regulations on land-use planning, environmental protection, land use, natural resources, or other ecologically relevant matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/09/1957", "year": "1957", "json_url": "/data/legal/docs/norm-36168.json", "html_url": "/legal/doc/norm-36168", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36168&strTipM=TC&nValor3=0" }, { "id": "norm-36240", "citation": "Ley 4786", "section": "norms", "doc_type": "law", "title_en": "Law Creating the Ministry of Public Works and Transport", "title_es": "Ley de creación del Ministerio de Obras Públicas y Transportes", "summary_en": "This law amends Law No. 3155 to create the Ministry of Public Works and Transport (MOPT), which takes over the functions of the former Ministry of Public Works and adds responsibilities for planning, building, improving, and maintaining highways, roads, airports, ports, railways, and other public works. It also regulates land, air, and maritime traffic, cartography, and cadastre. It grants powers for property acquisition, direct contracting, public bidding, revolving funds, and collaboration with municipalities and other entities. It repeals Laws No. 4220 and No. 3157, and amends articles of the General Civil Aviation Law regarding the Civil Aviation Board and the appeal before the Minister. It also includes provisions on fee-exempt public deeds and transitional rules on ports, school buildings, and personnel.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/07/1971", "year": "1971", "json_url": "/data/legal/docs/norm-36240.json", "html_url": "/legal/doc/norm-36240", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36240&strTipM=TC&nValor3=0" }, { "id": "norm-36307", "citation": "Ley 833", "section": "norms", "doc_type": "law", "title_en": "Construction Law", "title_es": "Ley de Construcciones", "summary_en": "The Construction Law (Law 833) establishes the regulatory framework for construction, demolition, excavation, and use of buildings and public roads in Costa Rica. It grants municipalities the responsibility to ensure safety, health, comfort, and beauty in buildings and public roads. It regulates aspects such as construction permits, subdivisions, alignments, building height, advertising signs, sanitary and hazardous installations, and penalties for non-compliance. It defines obligations for property owners and responsible engineers, including supervision of works and compliance with regulations. It incorporates environmental concepts for minor works by requiring respect for environmental sustainability and the right to a healthy environment. The law empowers municipalities to impose fines, closures, and demolitions, and establishes a mandatory permit system with few exceptions. It is nationwide in scope and is supplemented by specific regulations.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "02/11/1949", "year": "1949", "json_url": "/data/legal/docs/norm-36307.json", "html_url": "/legal/doc/norm-36307", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36307&strTipM=TC&nValor3=0" }, { "id": "norm-36457", "citation": "Ley 7291", "section": "norms", "doc_type": "law", "title_en": "Law 7291 — United Nations Convention on the Law of the Sea", "title_es": "Ley 7291 — Convención de las Naciones Unidas sobre el Derecho del Mar", "summary_en": "Costa Rica's Law 7291 approves the United Nations Convention on the Law of the Sea (UNCLOS) and its nine Annexes, incorporating them into domestic law. UNCLOS is a comprehensive international treaty establishing the legal framework for all maritime zones: territorial sea (up to 12 nautical miles), contiguous zone, exclusive economic zone (up to 200 nautical miles), continental shelf, high seas, and the Area (international seabed). It regulates coastal State sovereignty and jurisdiction, navigation rights (innocent passage, transit passage), conservation and exploitation of living and non-living resources, protection and preservation of the marine environment, marine scientific research, and dispute settlement. It creates the International Seabed Authority to manage the Area's resources as the common heritage of mankind. By ratifying it, Costa Rica assumes key obligations regarding maritime delimitation, marine environmental protection, and international cooperation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/03/1992", "year": "1992", "json_url": "/data/legal/docs/norm-36457.json", "html_url": "/legal/doc/norm-36457", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36457&strTipM=TC&nValor3=0" }, { "id": "norm-36483", "citation": "Ley 6946", "section": "norms", "doc_type": "law", "title_en": "Law 6946: Reform of the 1% Customs Value Tax on Imported Goods", "title_es": "Ley 6946: Reforma del Impuesto del 1% al Valor Aduanero de Mercancías Importadas", "summary_en": "This law amends Law No. 6879 to adjust the allocation of the 1% tax on the customs value of imported goods. It stipulates that the Executive Branch shall allocate 350 million colones from the proceeds, transferred via the Ministry of Finance as a subsidy to the Technical Council for Medical-Social Assistance, to fund the Nutrition and Education Centers and Comprehensive Childcare Centers under the Ministry of Health, prioritizing marginalized areas with high concentrations of working women. Starting in 1984, this amount will be adjusted annually according to the percentage increase in total tax revenues. It also expands tax exemptions, exempting self-management cooperatives, savings and credit cooperatives, service cooperatives, workers' unions, and medical-surgical equipment, medicines, and raw materials for domestic production. A new article requires the Executive Branch to submit an extraordinary budget to the Legislative Assembly to allocate resources to the Ministry of Health. The reform does not address environmental or natural resource issues, focusing solely on tax administration and social program financing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/01/1984", "year": "1984", "json_url": "/data/legal/docs/norm-36483.json", "html_url": "/legal/doc/norm-36483", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36483&strTipM=TC&nValor3=0" }, { "id": "norm-36522", "citation": "Ley 7018", "section": "norms", "doc_type": "law", "title_en": "1986 National Budget Law", "title_es": "Ley de Presupuesto de la República para 1986", "summary_en": "Law No. 7018 approves the ordinary and extraordinary budget of the Republic of Costa Rica for fiscal year 1986. It authorizes revenues and expenditures, establishes positions in public administration, and sets rules for budget execution, administrative controls, and executive branch authorizations for modifications, transfers, and revolving funds. It includes numerous specific authorizations for state entities, local governments, and associations for donations, tax exemptions, and asset transfers. It creates the Peñas Blancas Wildlife Refuge in Esparza, designated as a protection area for water sources and wildlife. It also provides for an agricultural moratorium for small and medium producers, pension equalization, and various amendments to existing laws on public personnel, taxes, and social security.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/1985", "year": "1985", "json_url": "/data/legal/docs/norm-36522.json", "html_url": "/legal/doc/norm-36522", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36522&strTipM=TC&nValor3=0" }, { "id": "norm-36638", "citation": "Ley 2", "section": "norms", "doc_type": "law", "title_en": "Amendment to Liquor Law and Article 150 Labor Code on business hours", "title_es": "Reforma de Ley de Licores y Artículo 150 del Código de Trabajo sobre horarios de establecimientos", "summary_en": "This law, known as Law 2, amends Articles 27 and 34 of the 1936 Liquor Law and Article 150 of the Labor Code. The main amendment establishes the opening and closing hours for establishments selling liquor, setting specific rules for holidays, Sundays, election days, and distinguishing between internal service bars, ports and resorts. It also modifies the special liquor license, establishing its renewable quarterly validity and differentiated monthly fees by locality category. Regarding the Labor Code, it adjusts exceptions to the Sunday and holiday closing rule, listing the types of businesses that may remain open (hotels, pharmacies, theaters, etc.) and specifying the mandatory closing for liquor outlets. The law is effective from its publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/05/1945", "year": "1945", "json_url": "/data/legal/docs/norm-36638.json", "html_url": "/legal/doc/norm-36638", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36638&strTipM=TC&nValor3=0" }, { "id": "norm-36662", "citation": "Ley 149", "section": "norms", "doc_type": "law", "title_en": "Repair of water pipe in Zapote, San Francisco de Dos Ríos", "title_es": "Reparación de cañería en Zapote, San Francisco de Dos Ríos", "summary_en": "This law authorizes the Executive Branch to invest forty thousand colones in the repair of the Zapote water pipe, in San Francisco de Dos Ríos, province of San José. Enacted by the Legislative Assembly in 1928, it is a specific administrative act that allocates public funds to a local hydraulic infrastructure project. It establishes no general provisions on water resources and does not modify environmental law. This is a singular law with no relevance to modern Costa Rican environmental law, as it is limited to authorizing a specific expenditure without any impact on the regulation of water, forests, biodiversity, or environmental assessment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/08/1928", "year": "1928", "json_url": "/data/legal/docs/norm-36662.json", "html_url": "/legal/doc/norm-36662", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36662&strTipM=TC&nValor3=0" }, { "id": "norm-3672", "citation": "Ley 2166", "section": "norms", "doc_type": "law", "title_en": "Public Administration Salary Law", "title_es": "Ley de Salarios de la Administración Pública", "summary_en": "This law establishes the official compensation system for positions classified under the Civil Service Job Description Manual, creating a salary scale with categories and annual increases. It regulates salaries, work hours, and conditions for incentive payments such as exclusive dedication, prohibition, and seniority bonuses. It sets caps on total compensation for senior officials, the President, and board members. Performance evaluation becomes a prerequisite for seniority bonuses, and the Ministry of Planning (Mideplán) is designated as the lead agency for public employment. It amends multiple laws to harmonize salary caps and eliminates benefits like biennial and quinquennial bonuses. It includes provisions on severance pay, capping it at eight years and referring to the Labor Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/10/1957", "year": "1957", "json_url": "/data/legal/docs/norm-3672.json", "html_url": "/legal/doc/norm-3672", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=3672&strTipM=TC&nValor3=0" }, { "id": "norm-36745", "citation": "Ley 2968", "section": "norms", "doc_type": "law", "title_en": "Amendment to the National Board for the Blind Law", "title_es": "Reforma a la Ley del Patronato Nacional de Ciegos", "summary_en": "This law amends the National Board for the Blind Law (No. 2171 of 1957) and partially modifies Law No. 2547 of 1960. It restructures the Board’s composition, including ministerial delegates and an ophthalmologist as permanent chair. It establishes that members serve without remuneration and creates study commissions for education, social service, and finance. It allocates 0.4% of the cigarette tax to workshops, schools, and homes for the blind, with oversight by the Comptroller General. It defines beneficiary categories: rehabilitable, non-rehabilitable, and student. It regulates state-funded services, which must be provided by nonprofit organizations. It sets classification requirements and confidential reports for program access. The law is exclusively welfare-oriented and administrative, with no environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/1961", "year": "1961", "json_url": "/data/legal/docs/norm-36745.json", "html_url": "/legal/doc/norm-36745", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36745&strTipM=TC&nValor3=0" }, { "id": "norm-36807", "citation": "Ley 6324", "section": "norms", "doc_type": "law", "title_en": "Highway Administration Law", "title_es": "Ley de Administración Vial", "summary_en": "This law establishes the structure and functions of the National Road Safety Council (Cosevi) and its subordinate departments of Traffic Engineering, Traffic Police, and Driver Education, under the Ministry of Public Works and Transport, with its own legal personality. It regulates the movement of people, vehicles, and goods on public roads, addressing road safety and environmental pollution from motor vehicles. The law creates a Road Safety Fund, financed through budget allocations, a fixed fee collected with mandatory vehicle insurance, traffic fines, and other revenues, to fund road safety and pollution reduction programs. The Traffic Engineering Department is tasked with studying the environmental and social consequences of traffic (including pollution), and the Council is empowered to propose regulations and approve programs to mitigate these impacts, thereby establishing a legal framework for environmental management related to vehicular traffic in Costa Rica.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/05/1979", "year": "1979", "json_url": "/data/legal/docs/norm-36807.json", "html_url": "/legal/doc/norm-36807", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36807&strTipM=TC&nValor3=0" }, { "id": "norm-36930", "citation": "Ley 2393", "section": "norms", "doc_type": "law", "title_en": "Law Establishing the Collection Office of the General Directorate of Taxation", "title_es": "Ley de Creación de la Oficina de Cobros de la Dirección General de Hacienda", "summary_en": "This law creates the Collection Office under the General Directorate of Taxation for the judicial or extrajudicial collection of taxes, fees, contributions, fiscal rights, rental income from government property not subject to special laws, and all types of credits owed to the State. It establishes collection procedures: collection prosecutors may cancel prescribed or uncollectible obligations with the director's approval, must initiate judicial claims within one month of receiving certifications, and cases are heard by Civil Tax Courts following the civil enforcement process with modifications such as the mandatory role of enforcing judge without prior deposit for fees. The law has been tacitly amended by the Tax Code and other norms, and several articles have been repealed by Law 9416 on combating tax fraud.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/07/1959", "year": "1959", "json_url": "/data/legal/docs/norm-36930.json", "html_url": "/legal/doc/norm-36930", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=36930&strTipM=TC&nValor3=0" }, { "id": "norm-37071", "citation": "Ley 5337", "section": "norms", "doc_type": "law", "title_en": "Organic Law of JAPDEVA", "title_es": "Ley Orgánica de JAPDEVA", "summary_en": "This law establishes and regulates the Board of Port Administration and Economic Development of the Atlantic Slope (JAPDEVA) as an autonomous state entity to build, administer, and operate ports on the Atlantic coast and promote the socio-economic development of the region. It defines its assets, including state lands in navigable canal zones, its functions as port authority (planning, construction, ship control, storage, security), its governance structure (Board of Directors, Executive President, managers), and its financial regime and tax exemption. It addresses leasing and sale of lands with ITCO consultation, port tariffs, and the unseizability of its assets.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/08/1973", "year": "1973", "json_url": "/data/legal/docs/norm-37071.json", "html_url": "/legal/doc/norm-37071", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=37071&strTipM=TC&nValor3=0" }, { "id": "norm-37097", "citation": "Ley 2726", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Costa Rican Institute of Aqueducts and Sewers", "title_es": "Ley Constitutiva del Instituto Costarricense de Acueductos y Alcantarillados", "summary_en": "This law establishes the Costa Rican Institute of Aqueducts and Sewers (AyA) as an autonomous state institution responsible for overseeing, planning, financing, and administering potable water, sewage, and urban stormwater services nationwide. It defines AyA's powers, including mandatory approval of construction and subdivision projects to ensure water and sanitation service viability, watershed protection, and water pollution control. All public or private water supply and wastewater disposal projects require prior approval from AyA; no other state agency may issue construction permits without this approval, on pain of nullity. The law also tasks AyA with financing forest conservation in aquifer recharge areas where it takes over services, thus linking water management with forest protection.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575", "subdivision-fraccionamiento" ], "date": "14/04/1961", "year": "1961", "json_url": "/data/legal/docs/norm-37097.json", "html_url": "/legal/doc/norm-37097", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=37097&strTipM=TC&nValor3=0" }, { "id": "norm-37261", "citation": "Ley 258", "section": "norms", "doc_type": "law", "title_en": "Public Plaza Law for San Miguel Sur, Santo Domingo", "title_es": "Ley de Plaza Pública San Miguel Sur de Santo Domingo", "summary_en": "This law, enacted by the Legislative Assembly in 1933, declares the construction of a public plaza in the district of San Miguel Sur in Santo Domingo, Heredia province, to be of public utility. It orders the Executive Branch to expropriate the necessary land according to plans drawn up by the Ministry of Development, with the purpose of establishing a public space for recreation and beautification. It authorizes an investment of up to fifteen thousand colones to cover expropriation and compensation costs. The law reflects early state intervention in urban planning and the creation of green areas for community benefit, but lacks direct connection to modern environmental regulations. The text is brief and limited to expropriation and budgetary aspects, without references to ecological protection or sustainability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/08/1933", "year": "1933", "json_url": "/data/legal/docs/norm-37261.json", "html_url": "/legal/doc/norm-37261", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=37261&strTipM=TC&nValor3=0" }, { "id": "norm-37313", "citation": "Ley 2981", "section": "norms", "doc_type": "law", "title_en": "Beer Tax for Rehabilitation Centers", "title_es": "Impuesto a Cervezas para Centros de Adaptación", "summary_en": "Law 2981 creates a tax on domestic and imported beer consumption, set at five cents per container up to 340 cc, payable by licensed liquor vendors with no pass-through to consumers. 85% of the annual revenue goes to the General Directorate of Social Adaptation to fund technical needs, equipment and staff for the National Institute of Criminology; the remaining 15% is transferred to the Latin American Institute for Crime Prevention and Offender Treatment (ILANUD). Distribution is made through direct transfers by the Central Bank. The law also regulates tax collection for foreign beers at customs, use of tax stamps for domestic beers, and authorizes a loan for prison reform.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/1961", "year": "1961", "json_url": "/data/legal/docs/norm-37313.json", "html_url": "/legal/doc/norm-37313", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=37313&strTipM=TC&nValor3=0" }, { "id": "norm-37336", "citation": "Ley 6703", "section": "norms", "doc_type": "law", "title_en": "National Archaeological Heritage Law", "title_es": "Ley sobre Patrimonio Nacional Arqueológico", "summary_en": "This law declares that all movable and immovable archaeological objects produced by indigenous cultures prior to or contemporary with the Hispanic period, as well as associated human remains, flora and fauna, are national archaeological heritage. It establishes that all such objects discovered after its enactment are State property, and creates a National Archaeological Commission and a Public Registry of National Archaeological Heritage. It regulates custody, inventory, prohibition of trade and export, excavations, discoveries, and transfers. It imposes criminal penalties including imprisonment and fines for damage, illegal export, unauthorized excavation, and failure to report. Amended by Law No. 10568 of 2024 to protect undiscovered cultural objects and update sanctions, including nullifying illegal transfers. It is a matter of public order and declares the research, protection, conservation, restoration, and recovery of archaeological heritage to be of public interest.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "28/12/1981", "year": "1981", "json_url": "/data/legal/docs/norm-37336.json", "html_url": "/legal/doc/norm-37336", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=37336&strTipM=TC&nValor3=0" }, { "id": "norm-37456", "citation": "Ley 30", "section": "norms", "doc_type": "law", "title_en": "Price Control Office Law", "title_es": "Ley de la Oficina de Control de Precios", "summary_en": "Law No. 30 of 1944, enacted by the Legislative Assembly, created the Office of Price Investigation and Control, tasked with regulating and overseeing prices of consumer goods, construction materials, rents and services to safeguard the popular economy. The law granted the Office legal personality and functional autonomy, with powers to fix maximum prices, investigate costs, seize hidden goods and sanction hoarding and speculation. It established a Price Control Board with representation from various sectors and imposed obligations on merchants and industrialists, including displaying price lists and abiding by maximum ceilings. The statute is of an economic-regulatory nature and does not address environmental matters. It is no longer in force.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/12/1944", "year": "1944", "json_url": "/data/legal/docs/norm-37456.json", "html_url": "/legal/doc/norm-37456", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=37456&strTipM=TC&nValor3=0" }, { "id": "norm-37594", "citation": "Ley 21", "section": "norms", "doc_type": "law", "title_en": "Supply Boards Law", "title_es": "Ley de Juntas de Abastos", "summary_en": "This law creates and regulates the Supply Boards, bodies responsible for ensuring the supply of essential goods in the Costa Rican market. It establishes their composition, functions, and the price control and anti-speculation regime. It contains no environmental provisions and does not regulate matters of environmental law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/10/1943", "year": "1943", "json_url": "/data/legal/docs/norm-37594.json", "html_url": "/legal/doc/norm-37594", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=37594&strTipM=TC&nValor3=0" }, { "id": "norm-37602", "citation": "Ley 2980", "section": "norms", "doc_type": "law", "title_en": "1962 Budget Law", "title_es": "Ley de Presupuesto para 1962", "summary_en": "This law approved Costa Rica's national budget for the 1962 fiscal year, allocating funds to various ministries and state institutions. It contains no substantive provisions on environmental, forestry, biodiversity, water, soil, wildlife, archaeological heritage, biological corridors, landscape, environmental criminal liability, indigenous lands, land tenure, subdivisions, environmental procedure, or the right to a healthy environment. Its content is limited to ordinary budgetary items and establishes or modifies no environmental regulation whatsoever.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/12/1961", "year": "1961", "json_url": "/data/legal/docs/norm-37602.json", "html_url": "/legal/doc/norm-37602", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=37602&strTipM=TC&nValor3=0" }, { "id": "norm-37687", "citation": "Ley 5695", "section": "norms", "doc_type": "law", "title_en": "National Registry Creation Law", "title_es": "Ley de Creación del Registro Nacional", "summary_en": "Law 5695 creates the National Registry as a decentralized body under the Ministry of Justice, integrating the Real Estate, Legal Entities, Movable Assets, and Intellectual Property registries, along with the National Geographic Institute. The law impacts environmental matters because the Real Estate Registry records land ownership, mortgages, maritime-terrestrial zone concessions, and cadastral maps—essential for legal certainty over forested properties, protected areas, and Natural Heritage of the State lands. It establishes an Administrative Board with legal personality, a General Director, and funding through stamps, fees, and loans. The Registry streamlines procedures, unifies qualification criteria, and improves registration techniques, making it easier to check environmental liens, easements, setbacks, and land-use restrictions. Its coordination with the National Cadastre enables cartographic identification of parcels, a cornerstone for land-use control under forestry, water, and conservation laws.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "28/05/1975", "year": "1975", "json_url": "/data/legal/docs/norm-37687.json", "html_url": "/legal/doc/norm-37687", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=37687&strTipM=TC&nValor3=0" }, { "id": "norm-37815", "citation": "Ley 13", "section": "norms", "doc_type": "law", "title_en": "Extraordinary Budget Law", "title_es": "Ley de Presupuesto Extraordinario", "summary_en": "Law No. 13 of October 14, 1940, is an extraordinary budget law enacted by the Legislative Assembly of Costa Rica. It provides authorizations and budgetary provisions for the relevant fiscal year, detailing fund allocations, creation of positions, and financial measures for various state institutions. The law is part of the country's historical financial legislation, published in the 1940 Collection of Laws and Decrees. It contains no substantive provisions concerning environmental, forestry, biodiversity, water, soil, archaeological heritage, biological corridors, landscape, subdivision, or environmental procedure matters. Its content is limited to public finance and budgetary administration.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/10/1940", "year": "1940", "json_url": "/data/legal/docs/norm-37815.json", "html_url": "/legal/doc/norm-37815", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=37815&strTipM=TC&nValor3=0" }, { "id": "norm-3800", "citation": "Ley 6962", "section": "norms", "doc_type": "law", "title_en": "Extraordinary Budget Law", "title_es": "Ley de Presupuesto Extraordinario", "summary_en": "This 1984 law amends the national budget for that year, reallocating budget items to various public institutions and authorizing fund transfers. While most provisions deal with fiscal, migratory, and administrative matters, the document does not substantively address environmental issues. It is confined to budgetary adjustments, changes in municipal fund allocations, and some tax exemptions, without referring to environmental protection, natural resources, or Costa Rican environmental legislation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/07/1984", "year": "1984", "json_url": "/data/legal/docs/norm-3800.json", "html_url": "/legal/doc/norm-3800", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=3800&strTipM=TC&nValor3=0" }, { "id": "norm-38100", "citation": "Ley 3011", "section": "norms", "doc_type": "law", "title_en": "Alliance for Progress Agreement with the United States (AID)", "title_es": "Convenio de la Alianza para el Progreso con los Estados Unidos (AID)", "summary_en": "This law approves the General Agreement for economic, technical and related assistance between Costa Rica and the United States, signed in 1961 as part of the Alliance for Progress. The agreement provides a framework for U.S. assistance to Costa Rica for national development, subject to prior requests and approvals. Costa Rica commits to contributing to the development program with its own resources and ensuring effective use of assistance. Tax exemptions and diplomatic privileges are granted to the U.S. mission and its personnel. The agreement replaces previous technical cooperation agreements and allows unilateral termination in case of changed conditions. Although it mentions improvements in land and rural welfare, it contains no specific environmental provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/1962", "year": "1962", "json_url": "/data/legal/docs/norm-38100.json", "html_url": "/legal/doc/norm-38100", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38100&strTipM=TC&nValor3=0" }, { "id": "norm-38110", "citation": "Ley 6172", "section": "norms", "doc_type": "law", "title_en": "Indigenous Law", "title_es": "Ley Indígena", "summary_en": "Indigenous Law No. 6172 establishes the legal framework for indigenous communities and their territories in Costa Rica. It defines who is indigenous and declares existing indigenous reserves, which are inalienable, imprescriptible, non-transferable, and exclusive to these communities. Non-indigenous persons are prohibited from renting, buying, or otherwise acquiring lands within the reserves; any transaction between indigenous and non-indigenous persons is absolutely null. The law recognizes the full legal capacity of indigenous communities and orders the free registration of reserves in their name. ITCO must relocate or expropriate and compensate non-indigenous good-faith possessors; any subsequent invasions by non-indigenous persons shall result in immediate eviction without compensation. The law also regulates the prohibition of alcohol sales, exclusive administration of businesses by indigenous people, protection of natural resources, sustainable forestry, and conservation of archaeological heritage. It is a public-order law that repeals all contrary provisions.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "property-and-titling", "archaeological-heritage-6703" ], "date": "29/11/1977", "year": "1977", "json_url": "/data/legal/docs/norm-38110.json", "html_url": "/legal/doc/norm-38110", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38110&strTipM=TC&nValor3=0" }, { "id": "norm-38228", "citation": "Ley 6758", "section": "norms", "doc_type": "law", "title_en": "Papagayo Tourism Project Law", "title_es": "Ley Reguladora del Proyecto Turístico Papagayo", "summary_en": "This law establishes the framework for the development and execution of the Papagayo tourism project in Bahía Culebra, Guanacaste. It creates an executive office under the Costa Rican Tourism Institute (ICT), authorizes land concessions within the project area, and empowers the ICT to secure external loans up to $40 million. The law governs the cancellation, extinction, and repossession of concessions, mandating reversion of rights to the ICT upon termination. It provides tax exemptions for machinery, equipment, and materials, and orders the registration of possessory areas in the ICT's name. It is declared public policy, derogating conflicting norms except for public entity fees and economic benefits, without affecting the maritime-terrestrial public zone.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/06/1982", "year": "1982", "json_url": "/data/legal/docs/norm-38228.json", "html_url": "/legal/doc/norm-38228", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38228&strTipM=TC&nValor3=0" }, { "id": "norm-38288", "citation": "Ley 1455", "section": "norms", "doc_type": "law", "title_en": "Amendment to the Possessory Information Law", "title_es": "Reforma a la Ley de Informaciones Posesorias", "summary_en": "This law introduces two amendments to the possessory information procedure established in Law No. 139 of 1941. First, it expands the requirements for proving the acquisition of possessory rights, allowing a claimant who has not possessed for ten years to join his predecessor's possession by means of a public document or, if impossible, a prior ad-perpetuam proceeding demonstrating such impossibility. Second, it relaxes the rules for surveys, accepting those prepared by civil engineers, agronomists, senior engineering and agronomy students, and even authorized practitioners, without the need for an engineer's signature, provided they comply with cadastral regulations. Additionally, it amends Article 9 to clarify that certain lands cannot be subject to possessory information, such as those declared unclaimable or within the maritime zone, and limits registry review to the extrinsic formalities of the judgment.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "06/06/1952", "year": "1952", "json_url": "/data/legal/docs/norm-38288.json", "html_url": "/legal/doc/norm-38288", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38288&strTipM=TC&nValor3=0" }, { "id": "norm-38328", "citation": "Ley 5044", "section": "norms", "doc_type": "law", "title_en": "Non-Bank Financial Companies Regulatory Law", "title_es": "Ley Reguladora de Empresas Financieras no Bancarias", "summary_en": "Law 5044 establishes the authorization, operation, supervision, and sanctioning regime for non-bank financial companies in Costa Rica. It defines them as legal entities other than banks that engage in financial intermediation, requiring incorporation as corporations and authorization by the Superintendency of Financial Entities (SUGEF). It regulates minimum capital requirements, legal reserve obligations, permitted active and passive operations (such as loans, discounts, trusts, and deposit-taking, excluding checking and savings accounts), credit limits per person or economic interest group, and prohibitions on holding non-financial companies or retaining foreclosed assets beyond two years. It establishes a supervision and sanctions regime, including warnings and dissolution, and declares the law to be of public order. The law has been amended several times, notably by the Organic Law of the Central Bank and the Financial System Modernization Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/09/1972", "year": "1972", "json_url": "/data/legal/docs/norm-38328.json", "html_url": "/legal/doc/norm-38328", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38328&strTipM=TC&nValor3=0" }, { "id": "norm-38394", "citation": "Ley 4465", "section": "norms", "doc_type": "law", "title_en": "Forestry Law of 1969", "title_es": "Ley Forestal de 1969", "summary_en": "This law established Costa Rica's forestry regime, defining the State's functions in protecting, conserving and using forest resources. It created the Dirección General Forestal, the Forest Fund and the National Forest Council. It regulated state and private forest property, management plans, tax incentives such as the forest credit certificate, and established criminal penalties for violations such as invasion of protected areas, illegal logging and forest fires. It served as the primary forestry law until its repeal by Forestry Law No. 7575 in 1996.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "25/11/1969", "year": "1969", "json_url": "/data/legal/docs/norm-38394.json", "html_url": "/legal/doc/norm-38394", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38394&strTipM=TC&nValor3=0" }, { "id": "norm-38440", "citation": "Ley 3883", "section": "norms", "doc_type": "law", "title_en": "Law on Registration of Documents in the Public Registry", "title_es": "Ley sobre Inscripción de Documentos en el Registro Público", "summary_en": "This law establishes the principles and procedures for registering documents in Costa Rica's National Registry. It defines the registry's purpose as legal certainty through publicity of property and rights. It governs qualification of documents, registration deadlines (eight business days, subject to temporary modification), appeals against denial, and mandatory uniformity of criteria. It incorporates the priority reservation mechanism to protect acts or contracts in gestation. The norm emphasizes the public interest in streamlining procedures without undermining registry security.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/05/1967", "year": "1967", "json_url": "/data/legal/docs/norm-38440.json", "html_url": "/legal/doc/norm-38440", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38440&strTipM=TC&nValor3=0" }, { "id": "norm-38462", "citation": "Ley 2171", "section": "norms", "doc_type": "law", "title_en": "National Board for the Blind Law", "title_es": "Ley del Patronato Nacional de Ciegos", "summary_en": "This law creates the National Board for the Blind as a legally independent entity with administrative and functional autonomy, aimed at providing protection, habilitation, and rehabilitation to all blind persons in Costa Rica. It establishes the composition of its Board of Directors with representatives from ministries and blind organizations, and details its functions, including conducting censuses, overseeing fundraising campaigns, negotiating transport discounts, advising the State, and managing social assistance funds. It also enacts protective measures such as preference in public employment, access to education, use of guide dogs, and tax exemptions for rehabilitation materials. It obliges public institutions to report cases of blindness and aid organizations to submit periodic reports. The law does not address environmental or natural resource issues; it is limited to social protection of visually impaired individuals.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/10/1957", "year": "1957", "json_url": "/data/legal/docs/norm-38462.json", "html_url": "/legal/doc/norm-38462", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38462&strTipM=TC&nValor3=0" }, { "id": "norm-38469", "citation": "Ley 6545", "section": "norms", "doc_type": "law", "title_en": "National Cadastre Law", "title_es": "Ley del Catastro Nacional", "summary_en": "Law 6545, the National Cadastre Law, establishes the legal framework for Costa Rica's Cadastre as part of the Real Estate Registry. It defines fundamental concepts such as parcel, property, farm, and cadastral record, and sets out the procedures for cadastral surveying by zones. The law regulates owner and possessor participation in boundary verification, public display of cadastral information, and the finality of data once an area is declared cadastrally surveyed. It requires a cadastral certificate for any transaction or physical modification of a property and mandates consistency between the Cadastre and the Public Registry. The law also creates a Cadastre Advisory Commission, restricts private practice for certain technical officers, and authorizes the Cadastre to gather data on current and potential land use, water, and natural resources. It repealed earlier cadastral laws and remains in force.", "primary_topic_id": null, "topic_ids": [], "date": "25/03/1981", "year": "1981", "json_url": "/data/legal/docs/norm-38469.json", "html_url": "/legal/doc/norm-38469", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38469&strTipM=TC&nValor3=0" }, { "id": "norm-38523", "citation": "Ley 6512", "section": "norms", "doc_type": "law", "title_en": "Creation of Garabito Canton Law", "title_es": "Ley de Creación del Cantón de Garabito", "summary_en": "This law creates the canton of Garabito, the eleventh in the province of Puntarenas, establishing its geographic boundaries, capital, and populated centers. It defines the boundaries starting from the mouth of the Tusubres River, following various rivers and ridges to the Pacific Ocean. It designates Jacó as the capital and lists numerous settlements as part of the canton. It also provides that the General Directorate of Statistics and Censuses estimate the population and that the National Geographic Institute prepare the official map. It includes transitional provisions on the first municipal election and the regime applicable until the municipality is installed. It is a territorial organization norm with no direct environmental impact, relevant only insofar as it defines jurisdiction for applying other laws.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/11/1980", "year": "1980", "json_url": "/data/legal/docs/norm-38523.json", "html_url": "/legal/doc/norm-38523", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38523&strTipM=TC&nValor3=0" }, { "id": "norm-38533", "citation": "Ley 7135", "section": "norms", "doc_type": "law", "title_en": "Constitutional Jurisdiction Law", "title_es": "Ley de la Jurisdicción Constitucional", "summary_en": "This law establishes the constitutional jurisdiction in Costa Rica, aimed at guaranteeing the supremacy of the Constitution and the prevailing principles and norms of International Law. It regulates the writs of habeas corpus and amparo to protect fundamental rights and freedoms, as well as the action of unconstitutionality to challenge norms and acts contrary to the Constitution. It creates the Constitutional Chamber of the Supreme Court of Justice, defining its composition, competencies, and procedures. Particularly relevant for environmental law, the amparo remedy allows any person to claim violations of a healthy and ecologically balanced environment (Article 50 of the Constitution), under the principles of diffuse legitimacy and prompt justice. The law also addresses the consultation of constitutionality, conflicts between powers, and penalties for contempt. It is the backbone of Costa Rican constitutional justice and the main procedural mechanism for the protection of human rights, including environmental rights.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution", "procedural-environmental" ], "date": "11/10/1989", "year": "1989", "json_url": "/data/legal/docs/norm-38533.json", "html_url": "/legal/doc/norm-38533", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38533&strTipM=TC&nValor3=0" }, { "id": "norm-38622", "citation": "Ley 3091", "section": "norms", "doc_type": "law", "title_en": "JAPDEVA Organic Law", "title_es": "Ley Orgánica de JAPDEVA", "summary_en": "This law establishes the Board of Port Administration and Economic Development of the Atlantic Coast (JAPDEVA) as an autonomous state entity, operating as a public utility company and port authority on Costa Rica's Atlantic coast. It defines JAPDEVA's legal nature, objectives, organizational structure, and financial regime. The entity is responsible for building, administering, operating, and granting concessions for maritime and river port services in the Atlantic region, as well as promoting the area's comprehensive socioeconomic development. The text details the composition and powers of the Board of Directors, the duties of the Executive President and other officers, budget and tariff management, and the institution's assets, including transferred state lands. The law does not contain specific environmental provisions; it focuses solely on the organic and functional aspects of the port authority. The consulted version incorporates reforms from Laws 9764, 8823, 10495, and 10726.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/02/1963", "year": "1963", "json_url": "/data/legal/docs/norm-38622.json", "html_url": "/legal/doc/norm-38622", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38622&strTipM=TC&nValor3=0" }, { "id": "norm-38629", "citation": "Ley 6794", "section": "norms", "doc_type": "law", "title_en": "National Parks and Biological Reserves Creation Law", "title_es": "Ley de Creación de Parques Nacionales y Reservas Biológicas", "summary_en": "Law 6794 ratifies as Acts of the Republic the executive decrees that created or expanded 14 national parks and biological reserves between 1963 and 1981, including Cabo Blanco, Cahuita, Santa Rosa, Corcovado, Isla del Coco, Palo Verde, Hitoy Cerere, and Carrara, among others. It provides that these areas are legally established as such from the effective date of their respective decrees, and they are fully governed by the existing legal provisions for national parks. The law contains an absolute prohibition: under no circumstances may the Executive Branch exclude from a national park or biological reserve any land within the boundaries set by its creating executive decree, thus safeguarding the territorial integrity of these protected areas. The right to compensation for expropriated owners is preserved under Article 45 of the Constitution.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "25/08/1982", "year": "1982", "json_url": "/data/legal/docs/norm-38629.json", "html_url": "/legal/doc/norm-38629", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38629&strTipM=TC&nValor3=0" }, { "id": "norm-38653", "citation": "Ley 5060", "section": "norms", "doc_type": "law", "title_en": "General Public Roads Law", "title_es": "Ley General de Caminos Públicos", "summary_en": "The General Public Roads Law (Law 5060) classifies Costa Rica's public roads into a national road network and a cantonal network, assigning administration to MOPT and municipalities respectively. It sets minimum widths (20 m for highways, 14 m for local roads), subject to exceptions for existing registered routes. It establishes state ownership of road land, regulates construction and improvement of roads, and prohibits blocking or narrowing of public roads. A contributions system (road levies) funds local roads. Environmentally, Article 2 bis allows removal of obstacles in the right-of-way without prior MINAE authorization if they pose a risk, and 2 ter permits works in public watercourses with prior notice. The law also governs access to highways (Art. 19), drainage, vegetation, and penalties for road damage.", "primary_topic_id": null, "topic_ids": [], "date": "22/08/1972", "year": "1972", "json_url": "/data/legal/docs/norm-38653.json", "html_url": "/legal/doc/norm-38653", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38653&strTipM=TC&nValor3=0" }, { "id": "norm-38685", "citation": "Ley 6676", "section": "norms", "doc_type": "law", "title_en": "Amendment to the General Public Roads Law", "title_es": "Reforma Ley General de Caminos Públicos", "summary_en": "This is Law 6676, an amendment to the General Public Roads Law (Law 5060 of 1972). It updates Article 1 of that law, redefining the classification of public roads in Costa Rica according to their function and administration. It establishes two broad categories: the National Road Network, administered by the Ministry of Public Works and Transportation (MOPT), and the Cantonal Road Network, administered by municipalities. Within the National Road Network, three subtypes are created: primary roads (high-volume trunk corridors), secondary roads (interregional connections), and tertiary roads (collectors). It also empowers MOPT to designate restricted-access roads and highways. The Cantonal Road Network includes local roads (rural access), urban local streets, and unclassified roads such as bridle paths and footpaths. The law came into effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/09/1981", "year": "1981", "json_url": "/data/legal/docs/norm-38685.json", "html_url": "/legal/doc/norm-38685", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38685&strTipM=TC&nValor3=0" }, { "id": "norm-38715", "citation": "Ley 3859", "section": "norms", "doc_type": "law", "title_en": "Community Development Law", "title_es": "Ley sobre el Desarrollo de la Comunidad", "summary_en": "Law 3859 establishes the National Directorate for Community Development (DINADECO) and regulates community development associations. It provides a framework to promote, coordinate, and evaluate community organization to achieve active participation in economic and social development. It defines the structure of DINADECO, its National Council, and development associations, detailing their formation, bylaws, organs, financing, and prohibitions. It allocates 2% of estimated income tax revenue to these associations. It allows associations to sell services, lease property to public entities, and be declared of public utility. It includes provisions on public registration, supervision, dissolution, and mergers. This law does not regulate environmental, conservation, or land-use matters; its focus is solely on socio-organizational and community development aspects.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/04/1967", "year": "1967", "json_url": "/data/legal/docs/norm-38715.json", "html_url": "/legal/doc/norm-38715", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38715&strTipM=TC&nValor3=0" }, { "id": "norm-38800", "citation": "Ley 6963", "section": "norms", "doc_type": "law", "title_en": "Extraordinary Budget Law", "title_es": "Ley de Presupuesto Extraordinario", "summary_en": "Law 6963 amends the 1984 national budget revenues and expenditures, authorizing fund transfers, tax exemptions, property transfers, and salary adjustments. It establishes provisions for the Rural Assistance Guard, the Civil Service, and authorizes the Ministry of Public Education to purchase land. It includes rules on community development, artisanal fishing, and remunerated transportation. The Executive Branch partially vetoed Articles 19, 42, and 55 for reasons of unconstitutionality and inconvenience. This is a budgetary law and does not contain direct environmental provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/07/1984", "year": "1984", "json_url": "/data/legal/docs/norm-38800.json", "html_url": "/legal/doc/norm-38800", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38800&strTipM=TC&nValor3=0" }, { "id": "norm-38915", "citation": "Ley 6815", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Attorney General's Office", "title_es": "Ley Orgánica de la Procuraduría General de la República", "summary_en": "The Organic Law of the Attorney General's Office (Law 6815) establishes the structure, functions, and powers of the Attorney General's Office (PGR) as the supreme consultative technical-legal body of the Public Administration and the State's legal representative. Among its powers are the issuance of binding legal opinions (administrative jurisprudence), judicial representation of the State, and specific environmental and maritime-terrestrial zone functions. Notably, Article 3(i) grants broad authority to act in defense of national heritage, resources of the maritime-terrestrial zone, the territorial sea, the exclusive economic zone, and the continental shelf, as well as to safeguard the environment and guarantee the constitutional right to a healthy and ecologically balanced environment. This includes ex officio investigation of violations, autonomous exercise of criminal action in environmental offenses, and coordination of actions with public and private organizations for environmental protection programs. The law also creates the Environmental and Maritime-Terrestrial Zone Prosecutor's Office as a specialized unit and regulates aspects such as the civil service system, prohibitions, and incompatibilities for its officials.", "primary_topic_id": null, "topic_ids": [], "date": "27/09/1982", "year": "1982", "json_url": "/data/legal/docs/norm-38915.json", "html_url": "/legal/doc/norm-38915", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=38915&strTipM=TC&nValor3=0" }, { "id": "norm-39091", "citation": "Ley 7108", "section": "norms", "doc_type": "law", "title_en": "Extraordinary Budget Law of the Republic for 1988", "title_es": "Ley de Presupuesto Extraordinario de la República para 1988", "summary_en": "Law 7108, enacted on November 8, 1988, is a second extraordinary budget for the Republic of Costa Rica's 1988 fiscal year. It modifies ordinary and extraordinary revenues and expenditures previously approved under Budget Law No. 7089, adjusts line items, authorizes reallocations of funds, and approves a wide range of authorizations. These include the creation of special funds, tax exemptions, transfers, segregations, and donations of real property to municipalities, development associations, and other entities. Environmentally, Article 15(1) stands out, authorizing the Ministry of Natural Resources, Energy and Mines to segregate 8 hectares from the Golfito National Wildlife Refuge for transfer to a housing association. It also amends several laws, including traffic, copyright, tax, and cultural entities. The law was partially vetoed and later annulled by the Constitutional Chamber in several respects.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "08/11/1988", "year": "1988", "json_url": "/data/legal/docs/norm-39091.json", "html_url": "/legal/doc/norm-39091", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=39091&strTipM=TC&nValor3=0" }, { "id": "norm-39683", "citation": "Ley 7609", "section": "norms", "doc_type": "law", "title_en": "Law 7609 — Authorizes MINAE to donate confiscated timber", "title_es": "Ley 7609 — Autoriza al MINAE a donar madera decomisada", "summary_en": "Law 7609 authorizes the Ministry of Environment and Energy (MINAE) to inventory nationwide all timber owned by the Ministry that has been abandoned and to donate it to the Ministry of Public Education. Donation is allowed when the legitimate owners are unknown or, in case of confiscation, when a final conviction has been issued. The law also amends Forestry Law 7575, adding functions to MINAE related to this process. This is a current administrative norm that enables the State to put confiscated or abandoned timber to social use, preventing deterioration while benefiting public education.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental", "forestry-law-7575" ], "date": "11/06/1996", "year": "1996", "json_url": "/data/legal/docs/norm-39683.json", "html_url": "/legal/doc/norm-39683", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=39683&strTipM=TC&nValor3=0" }, { "id": "norm-39796", "citation": "Ley 7788", "section": "norms", "doc_type": "law", "title_en": "Biodiversity Law", "title_es": "Ley de Biodiversidad", "summary_en": "Costa Rica's Biodiversity Law (Law 7788) establishes the legal framework for conservation, sustainable use, and fair distribution of benefits from biodiversity. It declares biochemical and genetic properties of biodiversity as public domain, regulates access to genetic resources through permits and concessions, and creates the National Commission for Biodiversity Management (CONAGEBIO) and the National System of Conservation Areas (SINAC). It incorporates principles such as precaution (in dubio pro natura) and public environmental interest. The law protects traditional associated knowledge through sui generis community intellectual rights, establishes rules for genetically modified organisms, promotes public participation, and places the burden of proof on those seeking access or causing environmental damage. It amends other environmental laws and integrates biodiversity management into public policies.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "subdivision-fraccionamiento", "biological-corridors", "biodiversity-law-7788", "art-50-constitution", "procedural-environmental" ], "date": "30/04/1998", "year": "1998", "json_url": "/data/legal/docs/norm-39796.json", "html_url": "/legal/doc/norm-39796", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=39796&strTipM=TC&nValor3=0" }, { "id": "norm-39919", "citation": "Ley 7789", "section": "norms", "doc_type": "law", "title_en": "Transformation of the Public Services Company of Heredia into a Corporation", "title_es": "Transformación de la Empresa de Servicios Públicos de Heredia en Sociedad Anónima", "summary_en": "Law 7789 transforms the Heredia Public Services Company (ESPH) into a public utility corporation, modernizing its legal and operational structure. It defines its assets and object: providing drinking water, sewerage, electric power, public lighting, and telecommunications in Heredia province. The law authorizes ESPH to create subsidiaries, borrow, issue securities, and form strategic alliances, subject to private law in its ordinary course, excluding certain planning and budget regulations. Its governance includes a General Shareholders' Meeting, Board of Directors, Executive Committee, General Manager, and Comptroller, with municipal representation proportional to equity. Regulated service tariffs require approval of the Public Services Regulatory Authority and must include an investment component. It repeals the previous Constitutive Law 5889 to the extent of any conflict and includes transitional provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/1998", "year": "1998", "json_url": "/data/legal/docs/norm-39919.json", "html_url": "/legal/doc/norm-39919", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=39919&strTipM=TC&nValor3=0" }, { "id": "norm-39956", "citation": "Ley 7566", "section": "norms", "doc_type": "law", "title_en": "911 Emergency System Law", "title_es": "Ley del Sistema de Emergencias 9-1-1", "summary_en": "This law establishes the 9-1-1 Emergency System as a highly decentralized body attached to ICE, with nationwide coverage, to respond to emergencies involving life, liberty, integrity, and security of citizens or danger to their property. It defines its core functions: developing and maintaining a system for receiving, handling, and transferring emergency calls; progressively merging all emergency numbers into the single 9-1-1 number; and establishing support units within participating institutions. It creates a multi-institutional Coordinating Commission chaired by ICE, tasked with setting policies, coordinating with educational entities, and supervising emergency response. Additionally, it sets up a funding mechanism through a 0.75% charge on monthly billing revenues from publicly available telecom services, and regulates administrative fines for misuse of the system while ensuring due process. The law also protects information confidentiality and prohibits wiretapping, except to identify the origin of the call.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/12/1995", "year": "1995", "json_url": "/data/legal/docs/norm-39956.json", "html_url": "/legal/doc/norm-39956", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=39956&strTipM=TC&nValor3=0" }, { "id": "norm-40072", "citation": "Decreto 24863", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the Tourism Development Incentives Law", "title_es": "Reglamento de la Ley de Incentivos para el Desarrollo Turístico", "summary_en": "This executive decree regulates Law No. 6990, establishing procedures for tourism companies to obtain contracts with the ICT and access tax exemptions and other benefits. It details the functions of the Tourism Regulatory Commission, requirements for each incentivized activity (lodging, air and water transportation, travel agencies, vehicle rental, and community rural tourism), and controls on the use and destination of exempted goods. It includes technical annexes for submitting construction plans and economic studies, and sets sanctions for non-compliance. Its purpose is to regulate the granting, oversight, and possible cancellation of tourism incentives, ensuring that tax benefits are properly applied and contribute to the development of the sector.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/12/1995", "year": "1995", "json_url": "/data/legal/docs/norm-40072.json", "html_url": "/legal/doc/norm-40072", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=40072&strTipM=TC&nValor3=0" }, { "id": "norm-40197", "citation": "Ley 7794", "section": "norms", "doc_type": "law", "title_en": "Municipal Code", "title_es": "Código Municipal", "summary_en": "The Municipal Code (Law 7794) organizes Costa Rica's municipal regime, defining the structure, powers, and functioning of local governments. It establishes the municipality as the basic unit of local government, with political, administrative, and financial autonomy. The municipal government is composed of a municipal council, a mayor, and their alternates. The Code details the council's powers, such as issuing regulations, approving budgets, and the municipal development plan, which since 2025 must incorporate climate change mitigation, environmental protection, and biodiversity conservation. It also regulates the mayor's functions, budgetary procedures, public contracting, personnel policy, municipal assets and finance, and administrative remedies against municipal acts. Regarding the environment, the 2025 reform mandates environmental and climate considerations in municipal planning and the creation of a Standing Committee on Environmental Affairs and Climate Change in every municipal council.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "30/04/1998", "year": "1998", "json_url": "/data/legal/docs/norm-40197.json", "html_url": "/legal/doc/norm-40197", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=40197&strTipM=TC&nValor3=0" }, { "id": "norm-4023", "citation": "Ley 4847", "section": "norms", "doc_type": "law", "title_en": "Maritime-Terrestrial Zone Urbanization Law", "title_es": "Ley de Urbanización de la Zona Marítimo Terrestre", "summary_en": "This now-repealed law eliminated a transitional provision of the Tourism Urbanization Law of the Maritime-Terrestrial Zone (Law No. 4558 of 1970). Specifically, it repealed Transitory III, which likely established exceptions or special deadlines for certain developments in the maritime-terrestrial zone. The law also included a transitory provision allowing possessory information claims filed with the courts before September 8, 1972, to continue their processing. However, the Plenary Court ruled this transitory provision unconstitutional insofar as it purported to have retroactive effect to September 8, as it violated Article 34 of the Constitution. The law was later wholly repealed by Law No. 6043 of March 2, 1977, which is the currently effective Maritime-Terrestrial Zone Law. Although the original law is no longer in force, its content is relevant for understanding the legal evolution in the protection and urbanization of the maritime-terrestrial zone.", "primary_topic_id": null, "topic_ids": [], "date": "04/10/1971", "year": "1971", "json_url": "/data/legal/docs/norm-4023.json", "html_url": "/legal/doc/norm-4023", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=4023&strTipM=TC&nValor3=0" }, { "id": "norm-40452", "citation": "Decreto 25501", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Application of the Corporate Asset Tax", "title_es": "Reglamento para la Aplicación del Impuesto al Activo de las Empresas", "summary_en": "This decree regulates the corporate asset tax established in Article 88 of the Income Tax Law and amended by the Tax Adjustment Law. It defines the tax's application to assets exceeding thirty million colones, the taxpayers subject to it, non-subjections, and a broad range of exemptions. Notably, exemptions are granted for holders of Forest Conservation Certificates (CCB), owners of managed natural forests, owners of deforested land with forestry potential who voluntarily restore it, and those who reforest, pursuant to Articles 22, 23, 24, and 29 of Forestry Law No. 7575. Protected areas under former Forestry Law No. 7174 are also exempt. The regulation details the tax base, the 1% rate, pre-operational periods, and the credit against income tax. It was declared unconstitutional by resolution No. 2657-01.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "17/09/1996", "year": "1996", "json_url": "/data/legal/docs/norm-40452.json", "html_url": "/legal/doc/norm-40452", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=40452&strTipM=TC&nValor3=0" }, { "id": "norm-40504", "citation": "Decreto 25339", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Articles 5, 20, 21 and 27 of the Forestry Law", "title_es": "Reglamento a los artículos 5, 20, 21 y 27 de la Ley Forestal", "summary_en": "This 1996 executive decree regulated key articles of Forestry Law 7575 pending the final regulations. It designates the Ministry of Environment and Energy as the State Forest Administration and sets out requirements for forest management plans, including minimum technical content, cutting cycles, harvest limits per species, and controls on roads, landings, and skid trails. It establishes the duties of the forest regent, who certifies the plan's sustainability, issues timber transport certificates, and must report violations. Clear-cutting without an approved management plan is prohibited, and technical assistance to municipalities for permits on non-forest land is regulated. The decree was repealed in October 1996 by the comprehensive Forestry Law Regulation 25721.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "20/05/1996", "year": "1996", "json_url": "/data/legal/docs/norm-40504.json", "html_url": "/legal/doc/norm-40504", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=40504&strTipM=TC&nValor3=0" }, { "id": "norm-40868", "citation": "Decreto 26635", "section": "norms", "doc_type": "executive_decree", "title_en": "Transfer of the Water Department to the IMN", "title_es": "Traslado del Departamento de Aguas al IMN", "summary_en": "This executive decree transfers the Water Department from the former National Electricity Service to the National Meteorological Institute (IMN) of the Ministry of Environment and Energy (MINAE), as required by Transitory V of Law 7593. It defines the department's mission to manage water resources efficiently under a sustainable development framework, and its functions, including establishing water policies, controlling and monitoring national waters, processing hydroelectric concessions and well drilling permits, and resolving water use conflicts. A Water Advisory Body is created as a collegiate consultative organ with representation from public institutions, universities, NGOs, business chambers, and municipalities. The decree also establishes a hydrographic division of the country into five basins to improve resource management, identifies priority watersheds, and repeals previous regulations on watershed management. It was repealed in 2014 by executive decree No. 38502.", "primary_topic_id": null, "topic_ids": [], "date": "18/12/1997", "year": "1997", "json_url": "/data/legal/docs/norm-40868.json", "html_url": "/legal/doc/norm-40868", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=40868&strTipM=TC&nValor3=0" }, { "id": "norm-40928", "citation": "Ley 7558", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Central Bank of Costa Rica", "title_es": "Ley Orgánica del Banco Central de Costa Rica", "summary_en": "This law establishes the organization, functions, and operations of the Central Bank of Costa Rica (BCCR). It defines the BCCR as an autonomous public-law institution with its own legal personality and assets, and specifies its primary objectives: maintaining the internal and external stability of the currency and ensuring its convertibility. The law details the composition of the Board of Directors, the powers of the President, the General Manager, and the Internal Audit. It extensively regulates monetary, exchange-rate, and credit policy, including money issuance, legal reserve requirements, open market operations, and instruments to address economic imbalances. It also creates the General Superintendency of Financial Entities (SUGEF) as a maximum deconcentrated agency of the BCCR, responsible for supervising financial intermediaries and ensuring the stability and soundness of the national financial system. Additionally, it establishes the exchange-rate regime, operations with the State, and the regulation of financial groups and conglomerates.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/11/1995", "year": "1995", "json_url": "/data/legal/docs/norm-40928.json", "html_url": "/legal/doc/norm-40928", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=40928&strTipM=TC&nValor3=0" }, { "id": "norm-4099", "citation": "Ley 4812", "section": "norms", "doc_type": "law", "title_en": "Pensionado and Rentista Residents Law", "title_es": "Ley de Residentes Pensionados y Rentistas", "summary_en": "This law establishes the immigration categories of pensionado resident and rentista resident in Costa Rica. It defines the entry requirements, the minimum monthly income amounts to be proven (US$600 for pensioners and US$1,000 for rentiers), and the labor restrictions for beneficiaries. The Costa Rican Tourism Institute is assigned the authority to process and decide applications. It also regulates the issuance of a travel and identity document for those who invest significant amounts in productive projects or hold high deposit certificates. The norm does not address environmental matters at all; its content is strictly immigration and tax-related, regulating already repealed tax exemptions and penalties for documentary fraud.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/07/1971", "year": "1971", "json_url": "/data/legal/docs/norm-4099.json", "html_url": "/legal/doc/norm-4099", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=4099&strTipM=TC&nValor3=0" }, { "id": "norm-40994", "citation": "Reglamento municipal 294", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Risk and Protection Zones in San Isidro de El General", "title_es": "Zonas de riesgo y protección en San Isidro de El General", "summary_en": "This municipal regulation establishes zoning for the first and third districts of Pérez Zeledón canton, including the city of San Isidro de El General. It defines residential, commercial, industrial, public-institutional, green area, rural, and minor population center zones, as well as specific high-risk flood zones (Z.A.R.), medium-risk zones (Z.M.R.), and landslide zones (Z.D.), in response to disasters like Hurricane César. For each zone, permitted and conditional uses, and requirements such as minimum lot size, frontage, setbacks, coverage, and height are specified. Additionally, protection zones for springs and riverbanks are incorporated with radii of 100 m, 15 m, or 50 m. Urbanizations, subdivisions, and constructions are prohibited in high-risk and landslide zones, and development is restricted in rural areas. The regulation also details penalties for non-compliance and modification procedures.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "water-law" ], "date": "18/03/1997", "year": "1997", "json_url": "/data/legal/docs/norm-40994.json", "html_url": "/legal/doc/norm-40994", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=40994&strTipM=TC&nValor3=0" }, { "id": "norm-41071", "citation": "Decreto 25902", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform to the GAM Regional Urban Development Plan", "title_es": "Reforma al Plan Regional de Desarrollo Urbano de la Gran Área Metropolitana", "summary_en": "Decree 25902-MIVAH-MP-MINAE of 1997 comprehensively reforms the GAM Regional Urban Development Plan in Costa Rica to control urban sprawl and protect environmentally and agriculturally sensitive areas. It establishes a 'Special Protection Zone' with predominantly agricultural land use and an 'Urban Growth Zone', limiting new subdivisions in the protection zone to a 200-meter radius around existing urban centers. Permitted construction in the protection zone is strictly regulated: single-family homes per farm, agricultural activities, country clubs on lots of at least 5 hectares, hotels at a maximum density of 12 rooms per hectare, and only harmless or 'nuisance' industries subject to mitigation measures. All new projects must provide an environmental impact study and a wastewater treatment plant. The decree also updates special non-construction areas for utility easements and forest protection zones (e.g., Cerros de Escazú, La Carpintera), banning new subdivisions smaller than 5 hectares and severely limiting buildings. It repeals prior industrial zoning laws and aligns urban planning with the constitutional right to a healthy environment.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "forestry-law-7575" ], "date": "12/02/1997", "year": "1997", "json_url": "/data/legal/docs/norm-41071.json", "html_url": "/legal/doc/norm-41071", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=41071&strTipM=TC&nValor3=0" }, { "id": "norm-41297", "citation": "Ley 7594", "section": "norms", "doc_type": "law", "title_en": "Criminal Procedure Code — Criminal Action in Environmental Crimes", "title_es": "Código Procesal Penal — Acción penal en delitos ambientales", "summary_en": "Costa Rica's Criminal Procedure Code establishes the general framework for criminal prosecution, including public and private criminal actions. Article 16 is key for environmental matters, as it lists crimes in which the Attorney General's Office (PGR) may directly exercise criminal action, without being subordinate to the Public Prosecutor's Office. Among these crimes, 'crimes against the environment' are expressly mentioned, along with others such as those related to the maritime-terrestrial zone and public finances. This means that in cases of environmental crimes subject to public action, the PGR has autonomous standing to prosecute them, reinforcing the protection of the environmental legal interest. The code also regulates procedural guarantees, victims' rights, precautionary measures, opportunity criteria, and the extinction of criminal action, applicable to all crimes, including environmental ones. The possibility of conciliation and suspension of proceedings on probation in certain cases is highlighted, although with limitations when there is violence or a seriously compromised public interest. In summary, the CPP provides the PGR with a tool for direct intervention in environmental crimes, complementing the work of the Public Prosecutor's Office.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "10/04/1996", "year": "1996", "json_url": "/data/legal/docs/norm-41297.json", "html_url": "/legal/doc/norm-41297", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=41297&strTipM=TC&nValor3=0" }, { "id": "norm-41328", "citation": "Ley 7648", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the National Child Welfare Agency", "title_es": "Ley Orgánica del Patronato Nacional de la Infancia", "summary_en": "This law creates and regulates the National Child Welfare Agency (PANI) as an autonomous institution responsible for the comprehensive protection of minors and their families. It defines its nature, guiding principles—such as the best interests of the child and family protection—purposes, and powers. It establishes an organizational structure with a Board of Directors, an Executive Presidency, Administrative and Technical Managements, local offices, and Local Child and Adolescent Protection Boards. It details funding sources, including transfers from the income tax and the Social Development and Family Allowances Fund, and grants PANI benefits such as tax exemptions and the power to request search warrants to protect minors. It also regulates the mandatory collaboration of other institutions and the possibility of contracting external services. The law is of public order and repeals previous legislation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/12/1996", "year": "1996", "json_url": "/data/legal/docs/norm-41328.json", "html_url": "/legal/doc/norm-41328", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=41328&strTipM=TC&nValor3=0" }, { "id": "norm-41346", "citation": "Ley 7623", "section": "norms", "doc_type": "law", "title_en": "Defense of the Spanish Language and Aboriginal Languages Law", "title_es": "Ley de Defensa del Idioma Español y Lenguas Aborígenes Costarricenses", "summary_en": "This law mandates the correct use of Spanish and Costa Rican aboriginal languages in public documents, advertising, signs, consumer information, and other areas. It establishes that all public documents, government publications, tourism brochures and menus, as well as signs and advertisements, must be correctly written in Spanish or aboriginal languages. However, the Constitutional Chamber struck down provisions that sought to regulate the use of foreign languages in commerce and other private acts, deeming them restrictive of freedom of expression. The law also obliges the Public Administration to use Spanish in accordance with its prosodic, orthographic, and grammatical norms, providing for advisory mechanisms. It imposes fines of one to five times the minimum monthly salary for violations, the proceeds being allocated to campaigns promoting correct Spanish usage. It amends the Competition Promotion Law to require clear and truthful information to consumers in Spanish. The law was partially hollowed out when the articles creating the National Commission for the Defense of the Language were repealed and restrictions on the use of foreign languages were annulled.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/09/1996", "year": "1996", "json_url": "/data/legal/docs/norm-41346.json", "html_url": "/legal/doc/norm-41346", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=41346&strTipM=TC&nValor3=0" }, { "id": "norm-41661", "citation": "Ley 7575", "section": "norms", "doc_type": "law", "title_en": "Forestry Law", "title_es": "Ley Forestal", "summary_en": "The Forestry Law (No. 7575) establishes the legal framework for the conservation, protection and management of natural forests and the promotion of forest resources in Costa Rica. It defines key concepts such as forest, forest plantation, forest ecosystem and environmental services. It declares the State's essential function to ensure the adequate and sustainable use of forest resources, prohibiting land-use change in forest-covered land (Art. 19) and requiring management plans for their exploitation. It creates the Forest Fund and the National Forest Financing Fund to finance conservation, reforestation and payment for environmental services programs. It imposes a 3% tax on timber and defines incentives such as the Forest Conservation Certificate (CCB). In addition, it criminalizes offenses against forest resources, including invasion of protected areas, illegal logging, forest fires and land-use change, with prison sentences and seizure of products. The law is of public order and repeals previous legislation, consolidating the Costa Rican forest regime.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "property-and-titling", "criminal-environmental", "wildlife-law-7317", "biodiversity-law-7788", "forestry-law-7575" ], "date": "13/02/1996", "year": "1996", "json_url": "/data/legal/docs/norm-41661.json", "html_url": "/legal/doc/norm-41661", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=41661&strTipM=TC&nValor3=0" }, { "id": "norm-41810", "citation": "Ley 7975", "section": "norms", "doc_type": "law", "title_en": "Undisclosed Information Law", "title_es": "Ley de Información No Divulgada", "summary_en": "The Undisclosed Information Law No. 7975 protects commercial and industrial secrets that meet the requirements of being secret, having commercial value because of their secrecy, and being under the control of a person who has taken reasonable steps to keep them confidential. It establishes that protected information cannot be disclosed, acquired, or used without consent in a manner contrary to honest commercial practices. The law defines acts considered unfair, exclusions from protection (public domain information, information evident to a technician, or information that must be disclosed by legal or judicial order), and the duty of confidentiality for employees, collaborators, and authorities. It also establishes a special regime for the protection of test data for pharmaceutical and agrochemical products submitted for registration, limiting unfair commercial use and disclosure, except to protect the public. Liability for infringements will be regulated in a subsequent law, and the Industrial Property Registry must safeguard the documentary support of the undisclosed information.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/01/2000", "year": "2000", "json_url": "/data/legal/docs/norm-41810.json", "html_url": "/legal/doc/norm-41810", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=41810&strTipM=TC&nValor3=0" }, { "id": "norm-41856", "citation": "Ley 7969", "section": "norms", "doc_type": "law", "title_en": "Taxi Service Regulation Law", "title_es": "Ley Reguladora del Servicio de Taxi", "summary_en": "Law 7969 establishes a comprehensive framework for the provision of public paid passenger transport in taxi mode in Costa Rica. It declares this as a public service, exploitable through administrative concessions granted by the Public Transportation Council (CTP) after a special abbreviated procedure, and regulates permits for stable special taxi services. It creates the CTP as a deconcentrated body of the MOPT to regulate, plan, and administer concessions, and the Administrative Transportation Tribunal to hear appeals and exhaust administrative remedies. The law details operational conditions, concessionaire requirements, vehicle characteristics, fare regime, user rights, and a financing system through fees. It includes tax exemptions for new vehicles, promotes clean technologies, and addresses advertising, pet transport, and use of digital platforms.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/12/1999", "year": "1999", "json_url": "/data/legal/docs/norm-41856.json", "html_url": "/legal/doc/norm-41856", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=41856&strTipM=TC&nValor3=0" }, { "id": "norm-41862", "citation": "Decreto 25073", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of Age Requirement for Civil Aviation Fitness Certificate", "title_es": "Derogatoria de Requisito de Edad para Certificado de Aptitud de Aviación Civil", "summary_en": "This executive decree repeals subsection b) of Article 3 of Executive Decree No. 16535-MOPT, which set an age limit (19 to 30 years) for obtaining a Fitness Certificate for aeronautical information services personnel. The repeal is based on the unconstitutionality ruling issued by the Constitutional Chamber in Judgment No. 138-93, which considered age as an absolute discriminatory criterion for exercising aeronautical activities. The decree also notes the absence of technical studies or international regulations justifying an age limit for such licenses. This measure removes an age barrier to accessing civil aeronautical activity in Costa Rica.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/03/1996", "year": "1996", "json_url": "/data/legal/docs/norm-41862.json", "html_url": "/legal/doc/norm-41862", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=41862&nValor3=0&strTipM=TC" }, { "id": "norm-41967", "citation": "Ley 7972", "section": "norms", "doc_type": "law", "title_en": "Taxes on Liquor, Beer and Cigarettes for Social Protection Plan", "title_es": "Creación de Cargas Tributarias sobre Licores, Cervezas y Cigarrillos para Plan de Protección Social", "summary_en": "Law 7972, currently in force, imposes specific taxes on alcoholic beverages and amends the selective consumption tax on these products and tobacco to finance social protection programs. It creates a tax per milliliter of absolute alcohol in domestic and imported beverages, adjustable quarterly by the consumer price index. The selective consumption tax rate is set at 10% for alcoholic beverages and 95% for cigarettes, cigars, and tobacco products, with defined tax bases and collection procedures. Collected revenues are allocated to the National Council for Older Adults, the Costa Rican Social Security Fund, the National Children's Trust, IAFA, the Red Cross, and others, as specified. The law also repeals the corporate assets tax and ad valorem export tax, while exempting domestically produced beverages destined for export from the new levy.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/12/1999", "year": "1999", "json_url": "/data/legal/docs/norm-41967.json", "html_url": "/legal/doc/norm-41967", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=41967&strTipM=TC&nValor3=0" }, { "id": "norm-42248", "citation": "Ley 7871", "section": "norms", "doc_type": "law", "title_en": "Amendment to the General Public Administration Law", "title_es": "Reforma a la Ley General de la Administración Pública", "summary_en": "Law 7871, enacted on April 21, 1999, introduces an amendment to the General Public Administration Law. Although the full text is not provided in the record, the references indicate that this law consists of a single article and a transitional provision, modifying specific aspects of said regime. The amendment addresses general provisions of the Costa Rican public administration, with no identifiable content directly related to environmental matters based on available information. Its purpose is to update or adjust the normative framework of the administrative function, possibly including the organization, powers, procedures or responsibilities of public entities, without implying changes to environmental, forestry, biodiversity, water, soil, wildlife or related regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/04/1999", "year": "1999", "json_url": "/data/legal/docs/norm-42248.json", "html_url": "/legal/doc/norm-42248", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=42248&strTipM=TC&nValor3=0" }, { "id": "norm-42263", "citation": "Decreto 25705", "section": "norms", "doc_type": "executive_decree", "title_en": "SETENA Procedures Regulation", "title_es": "Reglamento sobre Procedimientos de la SETENA", "summary_en": "This executive decree established the requirements and procedures for the submission and approval of Environmental Impact Studies (EsIA) before the National Environmental Technical Secretariat (SETENA). It regulated the organization of SETENA, the functions of its units, the environmental evaluation process using the Preliminary Environmental Assessment Form (FEAP), resolution deadlines, compliance guarantees, public hearings, consultant registration books, and sanctions for noncompliance. The regulation was entirely repealed by subsequent decrees (first by Decree 31849 and again by Decree 32711), which established the General Regulation on Environmental Impact Assessment Procedures.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "08/10/1996", "year": "1996", "json_url": "/data/legal/docs/norm-42263.json", "html_url": "/legal/doc/norm-42263", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=42263&strTipM=TC&nValor3=0" }, { "id": "norm-42307", "citation": "Decreto 25084", "section": "norms", "doc_type": "executive_decree", "title_en": "Environmental Administrative Tribunal Procedure Regulation", "title_es": "Reglamento de Procedimientos del Tribunal Ambiental Administrativo", "summary_en": "This executive decree established the procedure for the Environmental Administrative Tribunal (TAA) of MINAE, a decentralized body with exclusive jurisdiction to sanction violations against the environment and natural resources. It regulated principles such as orality, official initiative, and immediate evidence; the recusal of members; the possibility of precautionary measures like paralysis, suspension, or temporary closure of harmful activities; and the oral hearing. It was repealed by Decree 34136 in 2007, which issued a new regulation, and is therefore no longer in force.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "15/03/1996", "year": "1996", "json_url": "/data/legal/docs/norm-42307.json", "html_url": "/legal/doc/norm-42307", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=42307&strTipM=TC&nValor3=0" }, { "id": "norm-42514", "citation": "Ley 7633", "section": "norms", "doc_type": "law", "title_en": "Law Regulating Business Hours of Alcoholic Beverage Outlets", "title_es": "Ley de Regulación de Horarios de Expendios de Bebidas Alcohólicas", "summary_en": "Law 7633 establishes business hours for the sale and dispensing of alcoholic beverages in Costa Rica, classifying businesses into six categories (A through F) with differentiated schedules. It prohibits sales to minors and their presence in certain establishments. It mandates closure on Maundy Thursday and Good Friday, as well as during electoral events, with exceptions for businesses where liquor sales are not the primary activity. It assigns municipalities the responsibility to enforce compliance and establishes a penalty system with fines based on the business category and the offense, empowering municipalities to suspend liquor licenses in case of non-payment. The law also amends the Electoral Code to regulate the closure of liquor outlets on election days and repeals articles of the former Liquor Sales Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/09/1996", "year": "1996", "json_url": "/data/legal/docs/norm-42514.json", "html_url": "/legal/doc/norm-42514", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=42514&strTipM=TC&nValor3=0" }, { "id": "norm-42683", "citation": "Ley 7764", "section": "norms", "doc_type": "law", "title_en": "Notarial Code", "title_es": "Código Notarial", "summary_en": "The Notarial Code governs the organization of Costa Rica's public notarial function, defining the role of notaries, requirements for becoming one, and their duties and prohibitions. It establishes the National Directorate of Notaries and the Superior Notarial Council as governing bodies, and it lays out the applicable disciplinary regime. The law creates mandatory professional civil liability insurance and updates registry-related aspects of protocols, indexes, and notarial documents. This comprehensive statute modernizes and systematizes all aspects of notarial practice in Costa Rica, including jurisdiction, public instruments, effects, and sanctions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/04/1998", "year": "1998", "json_url": "/data/legal/docs/norm-42683.json", "html_url": "/legal/doc/norm-42683", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=42683&strTipM=TC&nValor3=0" }, { "id": "norm-42751", "citation": "Ley 7615", "section": "norms", "doc_type": "law", "title_en": "Law Approving the Vienna Convention on the Law of Treaties", "title_es": "Ley de Aprobación de la Convención de Viena sobre el Derecho de los Tratados", "summary_en": "This law approves the Vienna Convention on the Law of Treaties (1969), its annexes, and reservations, as signed by Costa Rica. The Convention codifies international rules governing the conclusion, entry into force, observance, interpretation, amendment, invalidity, termination, and suspension of treaties between States. It establishes foundational principles such as 'pacta sunt servanda', good faith, non-retroactivity, and rules of interpretation. Costa Rica made specific reservations: the requirement of legislative ratification to be bound by treaties (Arts. 11 and 12), the impossibility of provisional application of treaties (Art. 25), the interpretation that Art. 27 refers to secondary law and not the Constitution, and a clarification regarding the precedence of the inter-American system over international customary rules (Art. 38). The law gives the Convention domestic legal force and enters into force upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/07/1996", "year": "1996", "json_url": "/data/legal/docs/norm-42751.json", "html_url": "/legal/doc/norm-42751", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=42751&strTipM=TC&nValor3=0" }, { "id": "norm-42846", "citation": "Decreto 27967", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Approval of Construction Plans", "title_es": "Reglamento para el Trámite de Visado de Planos para la Construcción", "summary_en": "This decree establishes the procedure and requirements for the approval of construction plans by the State, its institutions, and companies, excluding municipal permits. It defines the necessary documents according to the type of building: single-family homes, buildings up to 300 m² on two floors or less, condominiums, subdivisions, residential complexes, and other works. It assigns review responsibilities to the INVU Urban Planning Department, the Ministry of Health, and the Costa Rican Institute of Aqueducts and Sewers (AyA), covering design, health, road and water infrastructure aspects, as well as compliance with protection areas under Articles 33 and 34 of the Forestry Law. It introduces an optional preliminary project procedure and establishes maximum resolution deadlines, positive silence, and procedures for addressing observations to streamline the process and reduce costs.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "water-law" ], "date": "01/07/1999", "year": "1999", "json_url": "/data/legal/docs/norm-42846.json", "html_url": "/legal/doc/norm-42846", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=42846&strTipM=TC&nValor3=0" }, { "id": "norm-42869", "citation": "Decreto 27443", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of the Waste Management Regulation — Exemption from Environmental Impact Study for Manual Sanitary Landfills", "title_es": "Reforma del Reglamento sobre Manejo de Basuras — Exención de Estudio de Impacto Ambiental para Rellenos Sanitarios Manuales", "summary_en": "This executive decree amended Article 39 of the Waste Management Regulation (Executive Decree No. 19049-S) to establish that all final solid waste disposal projects must generally submit an environmental impact study approved by SETENA. However, it created a specific exemption: manual sanitary landfill projects designed for populations of 75 000 inhabitants or fewer are exempt from the environmental impact study requirement, provided three conditions are met: (1) weekly joint supervision visits by health and environmental authorities during construction; (2) a formal commitment by municipal authorities to comply with all applicable sanitary and environmental regulations and MINAE guidelines; and (3) an undertaking to present the environmental impact study at any time upon request by health authorities. The measure aimed to accelerate the deployment of sanitary landfills in intermediate and rural communities with limited financial resources while maintaining state oversight. The decree was entirely repealed by Executive Decree No. 30836 of 2002.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "13/11/1998", "year": "1998", "json_url": "/data/legal/docs/norm-42869.json", "html_url": "/legal/doc/norm-42869", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=42869&strTipM=TC&nValor3=0" }, { "id": "norm-43077", "citation": "Ley 7739", "section": "norms", "doc_type": "law", "title_en": "Childhood and Adolescence Code", "title_es": "Código de la Niñez y la Adolescencia", "summary_en": "Law 7739, the Childhood and Adolescence Code, provides the minimum legal framework for the comprehensive protection of minors' rights in Costa Rica. It establishes fundamental principles for social participation and administrative and judicial processes, and recognizes a broad catalog of rights, including the right to life from conception, health, education, development of potential, and care for the natural environment. It defines the best interest of the child as the guiding criterion for all decisions affecting this population. It organizes the National System for Comprehensive Protection, headed by the National Council for Children and Adolescents and the National Children's Trust, and regulates special protection procedures at the administrative and judicial levels. It also contains provisions on adolescent labor, procedural guarantees, and sanctions for officials and private individuals for non-compliance.", "primary_topic_id": null, "topic_ids": [], "date": "06/01/1998", "year": "1998", "json_url": "/data/legal/docs/norm-43077.json", "html_url": "/legal/doc/norm-43077", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=43077&strTipM=TC&nValor3=0" }, { "id": "norm-43078", "citation": "Ley 7744", "section": "norms", "doc_type": "law", "title_en": "Law on Concession and Operation of Tourist Marinas and Docks", "title_es": "Ley de Concesión y Operación de Marinas y Atracaderos Turísticos", "summary_en": "This law establishes the framework for granting concessions on public domain areas, such as the maritime-terrestrial zone and adjacent sea-covered areas, for the construction, management and operation of tourist marinas and docks. It defines technical requirements and minimum services, creates the Inter-Institutional Commission for Tourist Marinas and Docks (Cimat) as the lead technical body, and details the application process including technical and environmental feasibility (Setena). It excludes mangroves, national parks, biological reserves, and coral ecosystems. It regulates concession terms, guarantees, grounds for cancellation (environmental breach, non-payment), and penalties. Municipalities are the competent authority, except in Papagayo Gulf where the ICT holds that role. The law aims to promote nautical tourism while ensuring environmental protection.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "19/12/1997", "year": "1997", "json_url": "/data/legal/docs/norm-43078.json", "html_url": "/legal/doc/norm-43078", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=43078&strTipM=TC&nValor3=0" }, { "id": "norm-43150", "citation": "Decreto 26921", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Phytosanitary Protection Law", "title_es": "Reglamento a la Ley de Protección Fitosanitaria", "summary_en": "Executive Decree 26921-MAG is the regulation of the Phytosanitary Protection Law (Law 7664). It sets forth definitions, procedures, and structures for the prevention, control, and eradication of plant pests. It regulates the import, export, registration, and use of chemical, biological, and related substances, as well as agricultural application equipment. It incorporates a detailed regime for organic agriculture, including registration of farms, certifying agencies, and inspectors. Regarding modern biotechnology, it defines the framework for living modified organisms (LMOs), products of gene editing, and new genetic improvement techniques, creating the National Technical Commission on Biosafety (CTNBio) as an advisory body. It establishes risk assessment, public consultation, and authorization procedures for confined use, environmental release, and marketing of LMOs. It also addresses quarantines, emergency measures, confiscations, and the financial regime of the State Phytosanitary Service.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/03/1998", "year": "1998", "json_url": "/data/legal/docs/norm-43150.json", "html_url": "/legal/doc/norm-43150", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=43150&strTipM=TC&nValor3=0" }, { "id": "norm-43655", "citation": "Ley 7935", "section": "norms", "doc_type": "law", "title_en": "Comprehensive Law for the Elderly", "title_es": "Ley Integral para la Persona Adulta Mayor", "summary_en": "Law 7935, the Comprehensive Law for the Elderly, establishes a legal framework for the comprehensive protection of persons aged 65 or older in Costa Rica. The law defines the fundamental rights of this age group, including access to education, decent housing, health, work, social participation, and protection against violence. It creates the National Council for the Elderly (Conapam) as the governing body responsible for formulating policies, coordinating programs, and supervising care services. It regulates the accreditation of establishments that provide services to the elderly, establishes criminal penalties for physical, sexual, psychological aggression and exploitation of assets, and provides for administrative and civil sanctions for those who breach their duties. It also includes benefits such as discounts on transportation, medications, and services, and amends other laws to strengthen the protection of this population sector.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/10/1999", "year": "1999", "json_url": "/data/legal/docs/norm-43655.json", "html_url": "/legal/doc/norm-43655", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=43655&strTipM=TC&nValor3=0" }, { "id": "norm-43939", "citation": "Ley 7664", "section": "norms", "doc_type": "law", "title_en": "Phytosanitary Protection Law", "title_es": "Ley de Protección Fitosanitaria", "summary_en": "The Phytosanitary Protection Law (Law 7664) declares as public interest measures to protect plants from pests, prevent the introduction and spread of pests that threaten food security and agricultural activity, and regulate pest control. It creates the State Phytosanitary Service (SFE) as an instrumental agency of the Ministry of Agriculture and Livestock, granting it broad powers of control, inspection, registration, and sanctioning. It regulates the use and handling of chemical, biological, or related substances for agricultural use, including their registration, import, quality, and residues, also aiming to protect human health and the environment. It promotes integrated pest management within sustainable development. It establishes a regime of internal and external quarantines, emergency measures, mandatory pest control for landowners, and risk assessment procedures based on scientific principles and international standards. It incorporates chapters on administrative sanctions (fines) and criminal provisions with prison sentences and fines for various offenses and contraventions, including civil liability for damages to agriculture, the environment, or health.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/04/1997", "year": "1997", "json_url": "/data/legal/docs/norm-43939.json", "html_url": "/legal/doc/norm-43939", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=43939&strTipM=TC&nValor3=0" }, { "id": "norm-43957", "citation": "Ley 7983", "section": "norms", "doc_type": "law", "title_en": "Worker Protection Law", "title_es": "Ley de Protección al Trabajador", "summary_en": "Law 7983 establishes a social protection system for Costa Rican workers. It creates a Labor Capitalization Fund financed by employer contributions of 1.5% of wages, which workers can withdraw every five years or upon termination of employment, as well as a Mandatory Complementary Pension Regime (ROP) of individual capitalization with a 3% employer contribution. It regulates the creation and supervision of pension operators and strengthens the CCSS Disability, Old Age, and Death Regime. The law aims to universalize pensions for elderly in poverty, establishes a centralized collection system, and provides for the supervision of all pension regimes by the Superintendence of Pensions, attached to the Central Bank. It introduces fiscal incentives for voluntary savings and amends various laws to harmonize the national pension system.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/02/2000", "year": "2000", "json_url": "/data/legal/docs/norm-43957.json", "html_url": "/legal/doc/norm-43957", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=43957&strTipM=TC&nValor3=0" }, { "id": "norm-44143", "citation": "Ley 7847", "section": "norms", "doc_type": "law", "title_en": "Municipal Tax Tariff for the Canton of Osa", "title_es": "Tarifa de Impuestos Municipales del cantón de Osa", "summary_en": "This law establishes the mandatory payment of a municipal patent tax for all individuals or legal entities engaged in for-profit activities in the canton of Osa. It defines the determining factors for the tax: net taxable income and annual gross income from the previous fiscal period. The tax rates are set at 1.5 per thousand on gross income and 8 per thousand on net income, with the total divided by four to determine the quarterly tax. It details the procedure for filing municipal sworn declarations, documentary requirements, confidentiality of information, the municipality's power to determine the tax ex officio, and appeal mechanisms. It includes penalties for late filing and repeals Law No. 7121. The law does not address environmental matters, dealing exclusively with a local tax regime.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/1998", "year": "1998", "json_url": "/data/legal/docs/norm-44143.json", "html_url": "/legal/doc/norm-44143", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=44143&strTipM=TC&nValor3=0" }, { "id": "norm-44205", "citation": "Ley 7907", "section": "norms", "doc_type": "law", "title_en": "Protocol of San Salvador", "title_es": "Protocolo de San Salvador", "summary_en": "Law 7907 approves the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights, known as the 'Protocol of San Salvador', signed on November 17, 1988. This international instrument supplements the American Convention by recognizing rights such as work, social security, health, food, education, and a healthy environment. Article 11 explicitly enshrines the right of every person to live in a healthy environment and to have access to basic public services, and obligates States Parties to promote the protection, preservation, and improvement of the environment. The Protocol establishes progressive obligations for States, which must adopt measures up to the maximum of available resources to achieve the full effectiveness of these rights. It also provides supervision mechanisms through periodic reports and the possibility of individual petitions before the Inter-American Commission on Human Rights for certain rights.", "primary_topic_id": null, "topic_ids": [], "date": "03/09/1999", "year": "1999", "json_url": "/data/legal/docs/norm-44205.json", "html_url": "/legal/doc/norm-44205", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=44205&strTipM=TC&nValor3=0" }, { "id": "norm-44248", "citation": "Ley 7974", "section": "norms", "doc_type": "law", "title_en": "Cantonal Holidays Law", "title_es": "Ley de Feriados Cantonales", "summary_en": "This law reforms the legislation on cantonal holidays for public offices in Costa Rica. It amends Article 1 of Law No. 6725 of March 10, 1982, establishing that the days designated in each canton to celebrate their civic festivities shall be holidays for public establishments and offices, with a limit of one day per year. It also repeals Law No. 146 of August 3, 1934. The law takes effect upon publication. This is an administrative and labor provision regulating the schedule of non-working days in the public sector at the cantonal level, with no connection to environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/01/2000", "year": "2000", "json_url": "/data/legal/docs/norm-44248.json", "html_url": "/legal/doc/norm-44248", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=44248&strTipM=TC&nValor3=0" }, { "id": "norm-44263", "citation": "Resolución 6", "section": "norms", "doc_type": "resolution", "title_en": "Procedure for Controlled Burning Permits on Forest Land", "title_es": "Procedimiento para permisos de quemas controladas en terrenos de aptitud forestal", "summary_en": "MINAE Resolution No. 6-1999 establishes the procedure for processing and granting controlled burning permits on lands with forest aptitude. Its purpose is to regulate the use of fire as a management tool in agricultural, livestock, or silvicultural activities, minimizing wildfire risks. The applicant must submit a request to the corresponding State Forest Administration, accompanied by a burning plan and a location sketch. The forest office conducts a technical inspection to verify conditions and issues a recommendation. If approved, the permit details mandatory safety measures such as firebreaks, continuous supervision, and coordination with neighbors and fire departments. The resolution also provides for sanctions in case of non-compliance and establishes the limited validity of permits. It is a complementary norm to Forestry Law 7575 and its regulations, particularly regarding fire prevention and fuel management.", "primary_topic_id": null, "topic_ids": [], "date": "08/02/1999", "year": "1999", "json_url": "/data/legal/docs/norm-44263.json", "html_url": "/legal/doc/norm-44263", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=44263&strTipM=TC&nValor3=0" }, { "id": "norm-44362", "citation": "Decreto 27601", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Real Estate Tax Law", "title_es": "Reglamento a la Ley de Impuesto sobre Bienes Inmuebles", "summary_en": "This now-repealed Executive Decree regulated the Real Estate Tax Law (Law 7509 as amended by Law 7729). It provided definitions, the tax object, and its administration by municipalities. It listed exempt properties, including hydrographic basins, forest reserves, Indigenous territories, biological reserves, and national parks, subject to certification by MINAE or CONAI. The decree governed the taxable base, appraisals, property declarations, notifications, and administrative remedies before the municipality and the Tax Administrative Tribunal. It set a uniform tax rate of 0.25% and addressed payment methods, early payment incentives, default interest, and payment facilities. It created the Valuation Technical Standardization Body to unify appraisal methodologies. The regulation also covered the transfer of tax liability for precarious occupants and notaries’ duty to forward copies of transfer deeds.", "primary_topic_id": null, "topic_ids": [], "date": "12/01/1999", "year": "1999", "json_url": "/data/legal/docs/norm-44362.json", "html_url": "/legal/doc/norm-44362", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=44362&strTipM=TC&nValor3=0" }, { "id": "norm-44448", "citation": "Ley 8039", "section": "norms", "doc_type": "law", "title_en": "Intellectual Property Rights Enforcement Procedures Law", "title_es": "Ley de Procedimientos de Observancia de los Derechos de Propiedad Intelectual", "summary_en": "This law establishes administrative and judicial procedures for enforcing intellectual property rights in Costa Rica, covering trademarks, patents, copyright and related rights, undisclosed information, and integrated circuits. It creates the Administrative Registry Tribunal as an appellate body for the National Registry's registries, defines border measures and provisional measures in civil and criminal proceedings, and criminalizes acts such as trademark counterfeiting and piracy. The law governs the imposition of criminal sanctions based on economic harm and provides for predetermined damages in infringement cases. It also includes provisions on effective technological measures and rights management information. Its objective is to ensure effective protection of intellectual property, aligned with international standards.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/10/2000", "year": "2000", "json_url": "/data/legal/docs/norm-44448.json", "html_url": "/legal/doc/norm-44448", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=44448&strTipM=TC&nValor3=0" }, { "id": "norm-44583", "citation": "Ley 7747", "section": "norms", "doc_type": "law", "title_en": "Law 7747 — Approval of the Protocol to Abolish the Death Penalty", "title_es": "Ley 7747 — Aprobación del Protocolo sobre Abolición de la Pena de Muerte", "summary_en": "Law 7747 approves Costa Rica’s ratification of the Protocol to the American Convention on Human Rights to Abolish the Death Penalty, adopted in Asunción, Paraguay, on June 8, 1990. The Protocol commits State Parties not to apply the death penalty within their territory to any person subject to their jurisdiction. It is founded on the inalienable right to life, the abolitionist trend in the Americas, the irreparable harm of the death penalty that forecloses correction of judicial error and eliminates any possibility of rehabilitation, and the conviction that abolition strengthens the effective protection of the right to life. Reservations are not permitted, except for a narrow exception: at the time of ratification or accession, a State may declare that it reserves the right to apply the death penalty in time of war in accordance with international law for extremely serious crimes of a military nature, provided it communicates the relevant domestic provisions and notifies the commencement or cessation of any state of war. The Protocol enters into force for each State upon deposit of its instrument of ratification or accession with the General Secretariat of the Organization of American States.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/02/1998", "year": "1998", "json_url": "/data/legal/docs/norm-44583.json", "html_url": "/legal/doc/norm-44583", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=44583&strTipM=TC&nValor3=0" }, { "id": "norm-44614", "citation": "Reglamento municipal 90-1", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Municipal Patent Regulation of Pérez Zeledón", "title_es": "Reglamento de Patentes Municipales de Pérez Zeledón", "summary_en": "This municipal regulation establishes the procedures, requirements, and obligations for granting, exercising, and controlling municipal patents in the canton of Pérez Zeledón. It defines patent categories (permanent, temporary, special), the rights and duties of licensees, and the criteria for determining the patent tax through sworn declaration or official assessment. It also regulates the transfer, relocation, change of classification, and waiver of patent rights, as well as penalties for non-compliance, including closure, suspension, and fines. It includes provisions on public shows, liquor sales, copyright protection, and inter-institutional coordination for control operations. Its scope covers the entire Pérez Zeledón canton.", "primary_topic_id": null, "topic_ids": [], "date": "05/10/1999", "year": "1999", "json_url": "/data/legal/docs/norm-44614.json", "html_url": "/legal/doc/norm-44614", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=44614&strTipM=TC&nValor3=0" }, { "id": "norm-44660", "citation": "Ley 7798", "section": "norms", "doc_type": "law", "title_en": "National Road Council Creation Law (CONAVI)", "title_es": "Ley de Creación del Consejo Nacional de Vialidad (CONAVI)", "summary_en": "This law creates the National Road Council (CONAVI) as a decentralized body under the Ministry of Public Works and Transport, with instrumental legal personality and budgetary autonomy to manage the National Road Network Fund. It defines CONAVI's core objective: planning, financing, executing, and controlling the conservation and construction of the national road network, declaring this activity a priority public service of national interest. The law establishes a governance structure comprising an Administrative Board and an Executive Directorate. It details funding sources, including a percentage of the vehicle property tax and tolls. Investment priorities are regulated, emphasizing road conservation over new construction, and it mandates the preparation of annual and five-year plans. Provisions on road safety, asset management, and sanctions for non-compliance are included. This is a public order law that repeals any conflicting provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/1998", "year": "1998", "json_url": "/data/legal/docs/norm-44660.json", "html_url": "/legal/doc/norm-44660", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=44660&strTipM=TC&nValor3=0" }, { "id": "norm-44836", "citation": "Decreto 27847", "section": "norms", "doc_type": "executive_decree", "title_en": "Integration of National Commission for Biodiversity Management", "title_es": "Integración Comisión Nacional para Gestión de Biodiversidad", "summary_en": "Executive Decree 27847-MINAE of 1999 creates the National Commission for Biodiversity Management (CONAGEBIO), tasked with advising the Executive Branch on biodiversity policy formulation and supervising the National Biodiversity Strategy. The commission includes representatives from key public institutions such as MINAE, MAG, ICT, Ministry of Health, and private and academic organizations, aiming to coordinate intersectoral actions for the conservation and sustainable use of Costa Rica's biodiversity. This now-repealed decree establishes an institutional environmental governance framework prior to the enactment of Biodiversity Law 7788, reflecting the country's international commitments under the Convention on Biological Diversity.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "16/03/1999", "year": "1999", "json_url": "/data/legal/docs/norm-44836.json", "html_url": "/legal/doc/norm-44836", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=44836&strTipM=TC&nValor3=0" }, { "id": "norm-45028", "citation": "Decreto 29019", "section": "norms", "doc_type": "executive_decree", "title_en": "Participatory Natural Resource Management in Gandoca", "title_es": "Manejo Participativo de Recursos Naturales en Gandoca", "summary_en": "Executive Decree 29019-MINAE establishes the Regulation for Participatory Management of Natural Resources in the Gandoca-Manzanillo National Wildlife Refuge, Gandoca sector. Its objective is to promote the integrated and sustainable management of natural resources on Gandoca beach and lagoon, with the active participation of civil society and local organizations. The regulation sets specific provisions for the beach sector, such as visitor limits during the sea turtle nesting season (January 1 to July 31), nighttime restrictions, use zoning, and prohibitions on recreational activities on dunes and alcohol sales. For the lagoon, it prohibits motor vehicle access beyond designated limits, restricts boat use to non-polluting means, and bans activities endangering wildlife. It establishes duties for guides and visitors, and grants powers to the Gandoca Zonal Committee, including modifying schedules, setting maximum tourists per guide, and issuing guide credentials. It repeals Decree 23069-MIRENEM and takes effect upon publication.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "biodiversity-law-7788", "wildlife-law-7317" ], "date": "19/09/2000", "year": "2000", "json_url": "/data/legal/docs/norm-45028.json", "html_url": "/legal/doc/norm-45028", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=45028&strTipM=TC&nValor3=0" }, { "id": "norm-45096", "citation": "Ley 7978", "section": "norms", "doc_type": "law", "title_en": "Trademarks and Other Distinctive Signs Law", "title_es": "Ley de Marcas y Otros Signos Distintivos", "summary_en": "This law establishes the legal framework for the protection of trademarks, trade names, emblems, geographical indications, appellations of origin, collective and certification marks, and advertising expressions. It regulates registration procedures before the Industrial Property Registry, including priority rights, oppositions, renewals, transfers, and licenses. It sets out absolute and relative prohibitions for registration to avoid confusion, deception, or unfair competition. It recognizes and protects well-known trademarks without requiring registration. The law specifies the duration of registrations, grounds for invalidity and cancellation for non-use or genericness, as well as registry fees and the allocation of collected funds, with percentages designated for Editorial Costa Rica, the Costa Rica Institute of Technology, the Registry's budget, and intellectual property research.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/01/2000", "year": "2000", "json_url": "/data/legal/docs/norm-45096.json", "html_url": "/legal/doc/norm-45096", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=45096&strTipM=TC&nValor3=0" }, { "id": "norm-45598", "citation": "Ley 8058", "section": "norms", "doc_type": "law", "title_en": "Approval of Loan Agreement for Environmental Services Payments Program", "title_es": "Aprobación del Contrato de Préstamo para Programa de Pagos de Servicios Ambientales", "summary_en": "Law 8058 approves Loan Agreement No. 4457-CR signed between the World Bank and Costa Rica for up to US$32,630,000 to finance a five-year environmental services payments program. It designates MINAE and FONAFIFO as the executing unit, allowing them to use their own personnel, equipment, and facilities, and to request technical staff from other public entities through agreements, horizontal mobility, or loans. The law also exempts the loan disbursements from the debt ceiling under Article 9 of Law 7970. It took effect upon publication.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "08/01/2001", "year": "2001", "json_url": "/data/legal/docs/norm-45598.json", "html_url": "/legal/doc/norm-45598", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=45598&strTipM=TC&nValor3=0" }, { "id": "norm-45643", "citation": "Ley 8058-A", "section": "norms", "doc_type": "law", "title_en": "Approval of Loan Agreement 4557-CR — Ecomercados Project for Environmental Services Payments", "title_es": "Aprobación del Contrato de Préstamo 4557-CR — Proyecto Ecomercados para Pagos de Servicios Ambientales", "summary_en": "This Law approves Loan Agreement No. 4557-CR signed between the Republic of Costa Rica and the International Bank for Reconstruction and Development (World Bank) for up to US$32,630,000 to finance the Environmental Services Payments (PSA) Program over a five-year period. The agreement, annexed to the Law, sets out the conditions for executing the Ecomercados Project, which aims to strengthen the market for environmental services provided by private forest ecosystems through the protection of natural forest, the development of secondary forest, and forest plantations. The loan finances PSA contracts with landowners, prioritizing conservation areas such as Tortuguero, La Amistad-Caribe, and Osa within the Mesoamerican Biological Corridor. It defines obligations for FONAFIFO, SINAC, and MINAE in project administration, monitoring, and evaluation, as well as the implementation of an Indigenous Plan and the participation of NGOs to assist in implementation.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "08/01/2001", "year": "2001", "json_url": "/data/legal/docs/norm-45643.json", "html_url": "/legal/doc/norm-45643", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=45643&strTipM=TC&nValor3=0" }, { "id": "norm-45671", "citation": "Decreto 57", "section": "norms", "doc_type": "regulation", "title_en": "Moral Code of the Costa Rican Bar Association", "title_es": "Código de Moral del Colegio de Abogados", "summary_en": "This document is the Moral Code of the Costa Rican Bar Association, approved in December 2000. It sets forth mandatory ethical and conduct rules for all authorized and registered attorneys in Costa Rica. The code covers general principles, fundamental duties, duties to society and the legal system, to clients, to judges and public authorities, to colleagues, to opposing parties and witnesses, and to the Bar Association itself. It also regulates matters such as attorney-client privilege, fees, advertising, incompatibilities, and the disciplinary regime. It expressly repeals the previous Moral Code of 1943 and establishes a system of sanctions classified as very serious, serious, and minor infractions, with consequences including suspension from practice.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/12/2000", "year": "2000", "json_url": "/data/legal/docs/norm-45671.json", "html_url": "/legal/doc/norm-45671", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=45671&strTipM=TC&nValor3=0" }, { "id": "norm-45775", "citation": "Ley 8065", "section": "norms", "doc_type": "law", "title_en": "Law Establishing the Pacific Marine Park", "title_es": "Ley de Creación del Parque Marino del Pacífico", "summary_en": "Law 8065 establishes the Pacific Marine Park as a decentralized body of MINAE with instrumental legal personality, aiming to promote sustainable human development, education, research, and conservation of marine and coastal biodiversity along the Pacific coast. It transfers several properties from INCOFER, INCOP, and RECOPE in Puntarenas to the State for the Park's construction. A Foundation is created to manage infrastructure, goods, and services, while an Inter-institutional Board of Directors makes policy and planning decisions. The Park and its Foundation are declared of public interest; public institutions may donate funds, and the Foundation is authorized to receive donations and charge for services to achieve financial self-sustainability. It also outlines programs for education, training, research, eco-tourism, social action, and conservation.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "biodiversity-law-7788", "wildlife-law-7317" ], "date": "27/01/2001", "year": "2001", "json_url": "/data/legal/docs/norm-45775.json", "html_url": "/legal/doc/norm-45775", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=45775&strTipM=TC&nValor3=0" }, { "id": "norm-45853", "citation": "Decreto 29253", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Right-of-Way and Outdoor Advertising", "title_es": "Reglamento de los Derechos de Vía y Publicidad Exterior", "summary_en": "Executive Decree 29253-MOPT establishes a comprehensive regulatory framework for managing national road rights-of-way and outdoor advertising in Costa Rica. It grants the Ministry of Public Works and Transport (MOPT) exclusive authority to authorize, oversee, and regulate the installation of advertisements, billboards, signs, and urban furniture on public or private land adjacent to highways. The regulation sets detailed technical criteria for the placement, dimensions, height, and spacing of billboards based on road speed, aiming to protect road safety, aesthetics, and the landscape. It expressly prohibits advertising that affects visibility, scenic vistas, or the environment, and includes maintenance obligations, liability insurance, and a licensing, permit, and penalty system. An exception to the general prohibition allows advertising in rights-of-way only when there is a clear public interest, such as safety campaigns or government information.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "20/12/2000", "year": "2000", "json_url": "/data/legal/docs/norm-45853.json", "html_url": "/legal/doc/norm-45853", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=45853&strTipM=TC&nValor3=0" }, { "id": "norm-45876", "citation": "Decreto 29277", "section": "norms", "doc_type": "executive_decree", "title_en": "Isla San Lucas National Wildlife Refuge", "title_es": "Refugio Nacional de Vida Silvestre Isla San Lucas", "summary_en": "The decree establishes the state-owned Isla San Lucas National Wildlife Refuge, protecting the island's 462 terrestrial hectares and the surrounding marine-coastal area up to a depth of 6 meters. This protection addresses the accelerated loss of wetland ecosystems in the Gulf of Nicoya and the need to safeguard biodiversity, fishery resources, and the island's cultural features. Certain coastal portions are excluded with rectified boundaries. Administration falls to MINAE and management categories follow wildlife legislation. Extraction of marine species is permitted under INCOPESCA regulations. The decree also declares the Puntarenas Estuary and Associated Mangroves Wetland.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788" ], "date": "11/01/2001", "year": "2001", "json_url": "/data/legal/docs/norm-45876.json", "html_url": "/legal/doc/norm-45876", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=45876&strTipM=TC&nValor3=0" }, { "id": "norm-45973", "citation": "Ley 8036", "section": "norms", "doc_type": "law", "title_en": "Reform of the Golfito Duty-Free Zone Scholarship Program", "title_es": "Reforma del Programa de Becas del Depósito Libre de Golfito", "summary_en": "This law, enacted by the Legislative Assembly of Costa Rica, modifies the allocation of revenues from the Golfito Duty-Free Zone. It amends subsection b) of Article 11 of Law 7012 to allocate 10% of the surplus to a scholarship program for low-income students residing in the cantons of Buenos Aires, Golfito, Osa, Corredores, and Coto Brus. Additionally, it repeals subsection b) of Article 14 of Law 7667, which previously directed funds to the Support Fund for Higher and Technical Education of Puntarenas, and through a transitional provision, retains in JUDESUR any funds not yet transferred to that fund, redirecting them to scholarship administration and awards. The law instructs the Executive Branch to issue corresponding regulations within two months of its publication. The norm does not address environmental or natural resource matters, its scope being exclusively the management of financial resources for educational purposes in a specific geographical area.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/10/2000", "year": "2000", "json_url": "/data/legal/docs/norm-45973.json", "html_url": "/legal/doc/norm-45973", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=45973&strTipM=TC&nValor3=0" }, { "id": "norm-46035", "citation": "Decreto 29375", "section": "norms", "doc_type": "executive_decree", "title_en": "Soil Use, Management and Conservation Regulation", "title_es": "Reglamento a la Ley de Uso, Manejo y Conservación de Suelos", "summary_en": "This executive decree regulates the Soil Use, Management and Conservation Law (Law 7779) to protect, conserve and improve soils nationwide. It establishes the institutional framework led by the Ministry of Agriculture (MAG), a National Technical Commission and Area Committees to develop and implement conservation plans by watershed. It details management practices, permitted machinery, soil and water pollution control, subdivision requirements, land titling, water concessions, road infrastructure, agricultural burning, mining, and fiscal incentives. It creates summary administrative procedures and agrarian jurisdiction to sanction violations, with provisions on soil-conformity certifiers and citizen participation through public hearings.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779", "subdivision-fraccionamiento" ], "date": "08/08/2000", "year": "2000", "json_url": "/data/legal/docs/norm-46035.json", "html_url": "/legal/doc/norm-46035", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=46035&strTipM=TC&nValor3=0" }, { "id": "norm-46256", "citation": "Ley 6209-A", "section": "norms", "doc_type": "law", "title_en": "Law for the Protection of Foreign Company Representatives", "title_es": "Ley de Protección al Representante de Casas Extranjeras", "summary_en": "This law reforms the previous Law No. 4684 of November 30, 1970, establishing a new legal framework for the protection of representatives of foreign companies operating in Costa Rica. Although the full text is not included in the provided fragment, the norm typically regulates aspects such as representation, distribution, or agency contracts, the rights and obligations of the parties, grounds for termination, compensation for dismissal or unilateral termination, and other elements designed to balance the relationship between local representatives and foreign companies. The law took effect upon its publication in the official gazette La Gaceta. The fragment notes a potential legislative error in the reference to the previous law, but this does not affect the validity of the reform introduced by Law 6209-A. Being a commercial and labor law norm, it does not address environmental or natural resource issues, and therefore its content is classified as non-environmental.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/03/1978", "year": "1978", "json_url": "/data/legal/docs/norm-46256.json", "html_url": "/legal/doc/norm-46256", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=46256&strTipM=TC&nValor3=0" }, { "id": "norm-46350", "citation": "Decreto 29494", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of Article 11 of the Foundations Law", "title_es": "Reglamento al Artículo 11 de la Ley de Fundaciones", "summary_en": "This executive decree regulated the appointment procedure and obligations of the Executive Branch representative on the administrative boards of foundations, as provided in Article 11 of the Foundations Law. It set out requirements for the designation request, evaluation of candidates, publication of the appointment, and the representative's duties, including ensuring compliance with foundational purposes and reporting acts harmful to public interest. It also provided grounds for removal due to unjustified absence or breach of duties. The regulation was entirely repealed by Executive Decree No. 29745 of May 29, 2001.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/05/2001", "year": "2001", "json_url": "/data/legal/docs/norm-46350.json", "html_url": "/legal/doc/norm-46350", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=46350&strTipM=TC&nValor3=0" }, { "id": "norm-4636", "citation": "Ley 3021", "section": "norms", "doc_type": "law", "title_en": "Customs Tariff Amendment on Beer, Cigarettes, and Soft Drinks", "title_es": "Reforma Arancel de Aduanas de Cerveza, Cigarrillos y Bebidas Gaseosas", "summary_en": "Law 3021 amends the customs tariff to raise fiscal revenue through indirect taxes on the consumption of beer, cigarettes, and soft drinks. The decree argues that these products are not essential for popular consumption and that gasoline is mainly consumed by people of comfortable economic standing. It imposes a tax of ¢0.55 per container of beer up to 12 ounces (proportionally for larger containers); a tax on foreign-brand soft drinks of ¢0.01 per ounce, and on national brands of ¢0.07 per container up to 12 ounces (with reduced rates for natural-fruit soft drinks). A portion of the revenue is allocated to institutions such as the University of Costa Rica, INFOCOOP, and CONICIT. The articles on cigarettes and gasoline were later repealed. The law is purely fiscal and does not address environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/08/1962", "year": "1962", "json_url": "/data/legal/docs/norm-4636.json", "html_url": "/legal/doc/norm-4636", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=4636&strTipM=TC&nValor3=0" }, { "id": "norm-46416", "citation": "Reglamento municipal 131", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Pérez Zeledón Construction Permit Regulation", "title_es": "Reglamento de Permisos de Construcción de Pérez Zeledón", "summary_en": "This municipal regulation establishes the requirements, procedures, rights, and obligations for obtaining construction permits in the canton of Pérez Zeledón. It defines general, special, and extraordinary requirements, including fluvial setback according to the Forestry Law, road alignment, workers' compensation insurance, sanitary permits, and, for certain projects, an environmental impact study approved by MINAE or a land-use certificate under the partial regulatory plan. It regulates the application procedure, decision deadlines, reconsideration and appeal remedies, and the certificate of habitability. It includes a sanctions chapter covering worksite closures, fines, demolition, and seal breaking, even referring to criminal prosecution. It also provides benefits for social and community-interest projects, and establishes the powers of municipal inspectors to conduct inspection reports and notifications.", "primary_topic_id": null, "topic_ids": [], "date": "18/07/2000", "year": "2000", "json_url": "/data/legal/docs/norm-46416.json", "html_url": "/legal/doc/norm-46416", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=46416&strTipM=TC&nValor3=0" }, { "id": "norm-46594", "citation": "Decreto 29267", "section": "norms", "doc_type": "executive_decree", "title_en": "Administrative Territorial Division", "title_es": "División Territorial Administrativa", "summary_en": "Executive Decree 29267-G establishes the official administrative territorial division of the Republic of Costa Rica. It details, for each province, canton, and district, the names of neighborhoods and towns, their coordinates and altitudes, and the laws and decrees of creation and modification. Its purpose is to satisfy the geopolitical information needs of the public and private sectors, providing a cartographic reference framework. The decree is based on subsections 3) and 18) of Article 140 of the Political Constitution and the law creating the National Commission for Administrative Territorial Division.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/01/2001", "year": "2001", "json_url": "/data/legal/docs/norm-46594.json", "html_url": "/legal/doc/norm-46594", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=46594&strTipM=TC&nValor3=0" }, { "id": "norm-46631", "citation": "Ley 8114", "section": "norms", "doc_type": "law", "title_en": "Tax Simplification and Efficiency Law", "title_es": "Ley de Simplificación y Eficiencia Tributarias", "summary_en": "This law establishes a single tax per fuel type, both domestically produced and imported, defining its taxable event, taxpayers, and exemptions. It regulates the assessment, payment, and quarterly adjustment of the tax based on the CPI. The collected revenues are specifically and mandatorily allocated to various institutions: 49.10% is distributed to Conavi (21.75%), municipalities and district councils (22.25%), Fonafifo (3.5%), MAG (0.1%), UCR-Lanamme (1%), and the Costa Rican Red Cross (initial transfer of one billion colones), among others. It creates a specific tax on packaged non-alcoholic beverages and toilet soaps, and amends the sales tax, income tax, and selective consumption tax laws, repealing numerous exemptions and minor taxes. It includes provisions on penalties, effective dates, and regulations.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "04/07/2001", "year": "2001", "json_url": "/data/legal/docs/norm-46631.json", "html_url": "/legal/doc/norm-46631", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=46631&strTipM=TC&nValor3=0" }, { "id": "norm-46916", "citation": "Ley 6360-A", "section": "norms", "doc_type": "law", "title_en": "Convention on the Defense of the Archaeological, Artistic, and Historical Heritage of the American Nations", "title_es": "Convención Defensa Patrimonio Arqueológico Artístico Naciones Americanas", "summary_en": "The Convention, adopted within the OAS framework, aims at the identification, registration, protection, and vigilance of the cultural heritage of the American nations, in order to prevent the illicit export or import of cultural property and to promote cooperation among states for mutual knowledge and appreciation of such property. It defines the categories of protected cultural property, including pre-Columbian and colonial archaeological monuments and objects, libraries, archives, and other property registered by the States Parties. It establishes the highest level of protection at the international level and declares their export and import without authorization to be illicit. It provides for the imprescriptibility of each State's ownership over its cultural heritage and of recovery actions. It regulates interstate cooperation for the recovery and return of stolen property, including diplomatic and judicial procedures, and commits States to take measures to prevent illicit excavations and illegal trade, as well as to promote cultural exchange for educational and scientific purposes.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "05/09/1979", "year": "1979", "json_url": "/data/legal/docs/norm-46916.json", "html_url": "/legal/doc/norm-46916", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=46916&strTipM=TC&nValor3=0" }, { "id": "norm-46925", "citation": "Ley 5980-A", "section": "norms", "doc_type": "law", "title_en": "World Heritage Convention", "title_es": "Convención del Patrimonio Mundial", "summary_en": "The Convention concerning the Protection of the World Cultural and Natural Heritage (UNESCO, 1972), adopted by Costa Rica through Law 5980-A, establishes the international framework to identify, protect, conserve, rehabilitate and transmit to future generations cultural and natural properties of outstanding universal value. It defines “cultural heritage” (monuments, groups of buildings, sites) and “natural heritage” (natural features, geological and physiographical formations, habitats of threatened species). It creates the World Heritage Committee, responsible for maintaining the World Heritage List and the List of World Heritage in Danger, and a Fund to assist States in protecting such properties. Each State Party undertakes to adopt protection policies, legislation and administrative measures, and to cooperate internationally. It recognizes that the protection of world heritage is a duty of the entire international community, without prejudice to national sovereignty. This is the foundational treaty for World Heritage sites, of which Costa Rica is an active participant.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "16/11/1976", "year": "1976", "json_url": "/data/legal/docs/norm-46925.json", "html_url": "/legal/doc/norm-46925", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=46925&strTipM=TC&nValor3=0" }, { "id": "norm-4694", "citation": "Ley 7033", "section": "norms", "doc_type": "law", "title_en": "Migration and Foreigners General Law", "title_es": "Ley General de Migración y Extranjería", "summary_en": "This law established the legal framework for migration and foreigners' affairs in Costa Rica, covering organization, functions, and procedures. It regulated admission categories (permanent residents, temporary residents, non-residents), migration documents, entry and exit control, grounds for rejection, deportation and expulsion, and criminal/administrative sanctions. It created the General Directorate of Migration, the National Migration Council, and the Special Migration Police. However, this law was entirely repealed by Article 265 of Migration Law No. 8487 of November 22, 2005, and is no longer in force. Its content does not directly address environmental issues, focusing instead on migration control and the legal status of foreigners.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/08/1986", "year": "1986", "json_url": "/data/legal/docs/norm-4694.json", "html_url": "/legal/doc/norm-4694", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=4694&strTipM=TC&nValor3=0" }, { "id": "norm-4707", "citation": "Ley 6406", "section": "norms", "doc_type": "law", "title_en": "National Budget Law for 1980", "title_es": "Ley de Presupuesto Nacional para 1980", "summary_en": "Law 6406 approves the Costa Rican National Budget for fiscal year 1980. It establishes general rules for budget execution, including procedures for variable spending commitments, special credit requests, and prior approval by the Comptroller General's Office. It defines the indivisible nature of the budget, authorizes adjustments to public-credit-financed expenditures, and regulates bond issuance. The law contains numerous administrative provisions on fund transfers, revolving funds for various agencies, and civil service employment conditions. It also includes specific authorizations for real estate transfers, tax exemptions, and amendments to prior laws on pensions, salaries, and civil service regulations. In its entirety, this is a fiscal and administrative statute with no substantive environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/12/1979", "year": "1979", "json_url": "/data/legal/docs/norm-4707.json", "html_url": "/legal/doc/norm-4707", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=4707&strTipM=TC&nValor3=0" }, { "id": "norm-47132", "citation": "Decreto 29782", "section": "norms", "doc_type": "executive_decree", "title_en": "Organic Agriculture Regulation", "title_es": "Reglamento de Agricultura Orgánica", "summary_en": "This executive decree establishes the regulatory framework for the production, processing, certification, and marketing of organic agricultural products in Costa Rica. It protects the terms \"organic,\" \"ecological,\" and \"biological,\" prohibiting their use on non-compliant products. It defines the principles of organic agriculture, including the prohibition of genetically modified organisms, and regulates transition periods from conventional to organic farming (minimum 3 years, with exceptions for fallow land). It creates a control system under the MAG's Dirección General de Protección Fitosanitaria, which accredits certification agencies, registers farms, inspectors, and operators, and oversees the entire process. Detailed requirements cover crop and livestock production, post-harvest handling, labeling, marketing, and importation. It also regulates group certification for smallholders and establishes a penalty regime for violations, including suspensions and registration cancellations.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "21/08/2001", "year": "2001", "json_url": "/data/legal/docs/norm-47132.json", "html_url": "/legal/doc/norm-47132", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=47132&strTipM=TC&nValor3=0" }, { "id": "norm-47144", "citation": "Decreto 29794", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Security Interests for Golfo de Papagayo Tourist Pole Concessions", "title_es": "Reglamento de Garantías Reales para Concesiones del Polo Turístico Golfo de Papagayo", "summary_en": "This executive decree establishes the procedure for concessionaires in the Golfo de Papagayo Tourist Pole to encumber their concessions with security interests (such as mortgages) to obtain financing. It defines eligible creditors (state banks, private banks within the National Banking System, state institutions, and accredited first-tier foreign financial entities). It mandates that loans may only be invested in the same concession and that authorization is granted by the Board of Directors of the Costa Rican Tourism Institute (ICT). It regulates the consequences of enforcement of the security: the successful bidder becomes the new concessionaire if it meets the requirements; if the enforcing creditor has no interest in developing the project, it has a deadline to transfer the concession to a third party and is exempt from the transfer fee. It protects the ICT's right of rescission, requiring it to assume the debt if it wishes to reclaim the concession. It repeals the prior mortgage regulation (Decree 22163).", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/08/2001", "year": "2001", "json_url": "/data/legal/docs/norm-47144.json", "html_url": "/legal/doc/norm-47144", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=47144&strTipM=TC&nValor3=0" }, { "id": "norm-47203", "citation": "Ley 8133", "section": "norms", "doc_type": "law", "title_en": "Manuel Antonio National Park Board Creation Law", "title_es": "Ley de Creación de la Junta Directiva del Parque Nacional Manuel Antonio", "summary_en": "This law amends Law No. 5100 to modify the funding source of Manuel Antonio National Park through an entrance fee, allocating 50% of those revenues to a trust fund to pay for expropriated lands within the park and later to acquire lands in protected areas of the Aguirre-Parrita and Los Santos subregions, considered strategic biological corridors. It creates a Board of Directors as a maximum deconcentration body under MINAE, with instrumental legal personality, responsible for administering the trust fund, approving the annual investment plan of the Quepos Municipality for the buffer zone, and receiving donations. The Board is composed of seven members from public institutions and local sectors, under the principle of parity. It also authorizes MINAE and the Board to receive donations and contributions, exempts trust operations from taxes, and amends the Income Tax Law to incentivize donations to the Board.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "19/09/2001", "year": "2001", "json_url": "/data/legal/docs/norm-47203.json", "html_url": "/legal/doc/norm-47203", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=47203&strTipM=TC&nValor3=0" }, { "id": "norm-47258", "citation": "Ley 8131", "section": "norms", "doc_type": "law", "title_en": "Financial Administration and Public Budgets", "title_es": "Administración Financiera y Presupuestos Públicos", "summary_en": "Law 8131 establishes the economic-financial regime applicable to public fund administrators in Costa Rica, aiming for optimal, efficient, and transparent resource use. It regulates macroeconomic programming, the budget process (formulation, execution, control, evaluation), treasury, public credit, accounting, and public procurement subsystems, along with a detailed regime of administrative, civil, and criminal liabilities for public officials. It includes budgetary principles such as universality, equilibrium, and annuality, and defines the roles of key bodies like the Budget Authority, National Treasury, National Budget Office, and National Accounting Office.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/09/2001", "year": "2001", "json_url": "/data/legal/docs/norm-47258.json", "html_url": "/legal/doc/norm-47258", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=47258&strTipM=TC&nValor3=0" }, { "id": "norm-4731", "citation": "Ley 4542", "section": "norms", "doc_type": "law", "title_en": "Amendment and interpretation of the Cooperative Associations Law", "title_es": "Reforma e interpretación de la Ley de Asociaciones Cooperativas", "summary_en": "Law 4542 amends and authentically interprets several articles of the Cooperative Associations Law (No. 4179). It interprets Article 41, clarifying that its provisions do not implicitly repeal Law No. 12 of 1924, which remains fully in force. It amends Article 10 to establish that board positions cannot be linked to a specific person or delegated to a management company, with a maximum term of two years. The manager is appointed for two-year terms and may be re-elected, and members of the Board of Directors cannot be successively re-elected in a proportion exceeding 50% of the total. It interprets Article 56 to require election by a minimum of half plus one of the votes present. Finally, it adds subsection (j) to Article 5, granting cooperatives the right to obtain insurance policies from the National Insurance Institute at cost, exclusively through unions, federations, or the National Confederation of Cooperatives.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/03/1970", "year": "1970", "json_url": "/data/legal/docs/norm-4731.json", "html_url": "/legal/doc/norm-4731", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=4731&strTipM=TC&nValor3=0" }, { "id": "norm-47517", "citation": "Ley 8149", "section": "norms", "doc_type": "law", "title_en": "INTA Law", "title_es": "Ley del INTA", "summary_en": "This law creates the National Institute for Agricultural Technology Innovation (INTA), a maximum deconcentrated body under the Ministry of Agriculture and Livestock, with instrumental legal personality. Its objective is to contribute to the improvement and sustainability of the agricultural sector through technology generation, validation, and dissemination. The law establishes its assets, governance structure with a seven-member Board of Directors, functions of the executive director, and authorizations to sell research services, create trusts, and manage credits. It includes obligations to register patents and plant variety rights, and expressly links it to the Soil Use, Management and Conservation Law (7779) in the performance of its duties. It also grants tax exemptions for donations and purchases for research.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/11/2001", "year": "2001", "json_url": "/data/legal/docs/norm-47517.json", "html_url": "/legal/doc/norm-47517", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=47517&strTipM=TC&nValor3=0" }, { "id": "norm-47609", "citation": "Ley 8154", "section": "norms", "doc_type": "law", "title_en": "Loan 1284/OC-CR Approval Act", "title_es": "Ley de Aprobación del Préstamo 1284/OC-CR", "summary_en": "This act approves Loan Agreement No. 1284/OC-CR between Costa Rica and the Inter-American Development Bank to fund a 'Cadastre and Registry Regularization Program' up to US$65 million. It creates a Program Executing Unit under the Ministry of Finance, endowed with instrumental legal personality and technical, financial and budgetary independence. The law stipulates that the procurement rules and procedures in the loan agreement shall prevail over ordinary national legislation. It grants tax, fee and duty exemptions for the execution documents and for goods and services required by the program. Service contracts are covered by Law No. 4550 on IDB privileges and immunities, and loan disbursements are excluded from the scope of Article 9 of Law No. 7970. The act is a brief approval instrument; it does not contain substantive rules on cadastre or registry matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/11/2001", "year": "2001", "json_url": "/data/legal/docs/norm-47609.json", "html_url": "/legal/doc/norm-47609", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=47609&strTipM=TC&nValor3=0" }, { "id": "norm-47610", "citation": "Ley 8154-A", "section": "norms", "doc_type": "law", "title_en": "Law 8154 — Approval of Loan Contract 1284/OC-CR for Cadastre and Registry Regularization", "title_es": "Ley 8154 — Aprobación del Contrato de Préstamo 1284/OC-CR para la Regularización del Catastro y Registro", "summary_en": "This law approves a loan contract between the Government of Costa Rica and the Inter-American Development Bank (IDB) for US$65 million, plus US$27 million in local counterpart funds, to finance a cadastre and real property registry regularization program. The program aims to unify the cadastre and real estate registry, integrating graphic and legal descriptions of properties, improving registry publicity, strengthening notarial and surveying services, and establishing regional offices. It contemplates dividing the country into thirteen cadastral zones, carrying out audits and evaluations, and creating an Executing Unit under the Ministry of Finance. While primarily focused on registry modernization, it has indirect environmental implications by ordering land tenure and use, including special regimes and action plans for involuntary resettlement.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "27/11/2001", "year": "2001", "json_url": "/data/legal/docs/norm-47610.json", "html_url": "/legal/doc/norm-47610", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=47610&strTipM=TC&nValor3=0" }, { "id": "norm-47611", "citation": "Ley 8154-B", "section": "norms", "doc_type": "law", "title_en": "Loan Agreement 1284/OC-CR: Cadastre and Registry Regularization", "title_es": "Convenio de Préstamo 1284/OC-CR: Regularización del Catastro y Registro", "summary_en": "This law approves Loan Contract 1284/OC-CR between the Republic of Costa Rica and the Inter-American Development Bank (IDB) to finance the Cadastre and Registry Regularization Program. The main goal is to improve the legal certainty of real property rights in Costa Rica by creating a georeferenced national cadastre, harmonizing it with the property registry, and strengthening institutions. The Program is composed of three components: (1) cadastre formation and registry harmonization, including legal reforms; (2) prevention and alternative resolution of land tenure conflicts, paying special attention to areas under special regimes such as indigenous territories, the maritime-terrestrial zone, and protected areas; and (3) municipal strengthening to manage the fiscal cadastre and territorial planning. The law incorporates IDB's General Conditions for contracting, as well as the bidding and consultant selection procedures applicable to the Program.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "indigenous-law-6172" ], "date": "27/11/2001", "year": "2001", "json_url": "/data/legal/docs/norm-47611.json", "html_url": "/legal/doc/norm-47611", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=47611&strTipM=TC&nValor3=0" }, { "id": "norm-47634", "citation": "Ley 8000", "section": "norms", "doc_type": "law", "title_en": "National Coast Guard Service Creation Law", "title_es": "Ley de Creación del Servicio Nacional de Guardacostas", "summary_en": "Law 8000 creates the National Coast Guard Service as a specialized police corps under the Ministry of Public Security, with instrumental legal personality. It establishes its competencies for surveillance, safeguarding and protection of natural resources in jurisdictional and internal waters, as well as port and maritime security, rescue operations, and combating transnational crimes. It defines its organizational structure, including an Environmental Department responsible for the surveillance and protection of marine-coastal resources, and an Academy for technical and police training with emphasis on environmental protection. It regulates the labor statute of personnel, its financial regime based on a special fund (partially repealed), levies for seaworthiness certificates, departure and naval registration fees, and allocation of fines. It includes provisions on confiscation and seizure of naval goods and perishable products, as well as coordination duties with INCOPESCA, harbor masters and other entities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/05/2000", "year": "2000", "json_url": "/data/legal/docs/norm-47634.json", "html_url": "/legal/doc/norm-47634", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=47634&strTipM=TC&nValor3=0" }, { "id": "norm-47712", "citation": "Ley 8173", "section": "norms", "doc_type": "law", "title_en": "General Law on District Municipal Councils", "title_es": "Ley General de Concejos Municipales de Distrito", "summary_en": "Law 8173, as amended by Law 9208 of 2014, establishes the legal framework for the creation, organization, and operation of district municipal councils (Concejos Municipales de Distrito) in Costa Rica. These bodies, attached to the respective canton municipality, have their own functional autonomy and instrumental legal personality to manage district interests and services. The law regulates their composition of five proprietary and alternate council members, popularly elected, and an intendant as executive organ, with duties similar to aldermen and mayors. It also defines their regulatory, financial, and budgetary powers, including direct collection of fees and special contributions, and participation in national taxes. It provides for supplemental application of municipal regulations and the possibility of dissolution by the cantonal municipal council for public interest inconvenience. It is a local administrative organization norm, with no substantive environmental content, thus falling outside the controlled vocabulary topics.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/12/2001", "year": "2001", "json_url": "/data/legal/docs/norm-47712.json", "html_url": "/legal/doc/norm-47712", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=47712&strTipM=TC&nValor3=0" }, { "id": "norm-48016", "citation": "Decreto 30131", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Storage and Marketing System of Hydrocarbons", "title_es": "Reglamento para la Regulación del Sistema de Almacenamiento y Comercialización de Hidrocarburos", "summary_en": "This executive decree, issued by MINAE and the Ministry of Health, regulates the storage and marketing of hydrocarbon fuels in Costa Rica. It establishes legal, technical and procedural requirements for the construction, remodeling and operation of land-based, marine, and mixed service stations and for self-consumption facilities. It defines the competencies of the DGTCC, requires an environmental impact assessment (EIA) approved by SETENA, municipal land-use permits, and compliance with technical standards on tanks, piping, electrical safety and environmental protection. It includes specifications for double-containment systems, leak detection, vapor recovery, and oily-water management. It imposes safety, fire prevention and spill control obligations. Repealed in 2022 by Decree 43449.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "20/12/2001", "year": "2001", "json_url": "/data/legal/docs/norm-48016.json", "html_url": "/legal/doc/norm-48016", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48016&strTipM=TC&nValor3=0" }, { "id": "norm-48109", "citation": "Ley 7475-N", "section": "norms", "doc_type": "law", "title_en": "WTO Agreement on Safeguards", "title_es": "Acuerdo sobre Salvaguardias de la OMC", "summary_en": "This World Trade Organization (WTO) Agreement sets rules for the application of safeguard measures—emergency actions to protect a domestic industry from an unforeseen surge of imports causing or threatening serious injury. It regulates in detail the conditions, investigations, injury determinations, application, duration, and review of such measures. It prohibits voluntary export restraints and similar unauthorized measures. It also contains special provisions for developing countries and a monitoring mechanism through a Committee on Safeguards. The Annex includes a specific exception for passenger motor vehicles between the European Community and Japan, expiring in 1999.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/1994", "year": "1994", "json_url": "/data/legal/docs/norm-48109.json", "html_url": "/legal/doc/norm-48109", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48109&strTipM=TC&nValor3=0" }, { "id": "norm-48110", "citation": "Ley 7475-O", "section": "norms", "doc_type": "law", "title_en": "General Agreement on Trade in Services (GATS)", "title_es": "Acuerdo General sobre el Comercio de Servicios (AGCS)", "summary_en": "The General Agreement on Trade in Services (GATS) is a WTO framework treaty establishing principles and disciplines for the progressive liberalization of trade in services among Members. It includes general obligations such as most-favoured-nation treatment (Art. II) and transparency (Art. III), and allows countries to assume specific commitments in particular sectors through Schedules, subject to market access (Art. XVI) and national treatment (Art. XVII) conditions. The agreement recognizes the right to regulate and asymmetries between countries, including provisions on increasing participation of developing countries, economic integration, recognition of qualifications, monopolies and safeguards. It includes sectoral annexes on financial services, telecommunications, air and maritime transport, and movement of natural persons, as well as general and security exceptions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/1994", "year": "1994", "json_url": "/data/legal/docs/norm-48110.json", "html_url": "/legal/doc/norm-48110", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48110&strTipM=TC&nValor3=0" }, { "id": "norm-48111", "citation": "Ley 7475-P", "section": "norms", "doc_type": "law", "title_en": "TRIPS Agreement (WTO)", "title_es": "Acuerdo sobre los ADPIC de la OMC", "summary_en": "The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) sets minimum standards for IP protection and enforcement for World Trade Organization members. It covers copyright, trademarks, geographical indications, industrial designs, patents, integrated circuit layout-designs, and undisclosed information. It includes national treatment and most-favored-nation principles. The Agreement provides for civil, administrative, criminal, and border enforcement measures. It allows flexibilities like compulsory licensing to promote public health, especially after the Doha Declaration. It does not directly address Costa Rican environmental law, though Article 27.2 permits excluding inventions from patentability to avoid serious harm to the environment. Costa Rican environmental norms are not discussed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/1994", "year": "1994", "json_url": "/data/legal/docs/norm-48111.json", "html_url": "/legal/doc/norm-48111", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48111&strTipM=TC&nValor3=0" }, { "id": "norm-48112", "citation": "Ley 7475-Q", "section": "norms", "doc_type": "law", "title_en": "WTO Dispute Settlement Understanding", "title_es": "Entendimiento de Solución de Diferencias de la OMC", "summary_en": "This document establishes the rules and procedures for resolving trade disputes among Members of the World Trade Organization (WTO). It defines the scope of application, administration by the Dispute Settlement Body (DSB), and general principles such as seeking mutually acceptable solutions. It details the procedural phases: mandatory consultations, establishment and terms of reference of panels, appellate review before the Standing Appellate Body, and adoption of reports. It includes provisions on compensation and suspension of concessions as temporary remedies, as well as arbitration mechanisms. It also provides special treatment for developing and least-developed country Members. Its aim is to provide security and predictability to the multilateral trading system, preserving Members' rights and obligations under the covered agreements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/1994", "year": "1994", "json_url": "/data/legal/docs/norm-48112.json", "html_url": "/legal/doc/norm-48112", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48112&strTipM=TC&nValor3=0" }, { "id": "norm-48116", "citation": "Ley 8220", "section": "norms", "doc_type": "law", "title_en": "Protection of Citizens from Excessive Administrative Requirements and Procedures", "title_es": "Protección al ciudadano del exceso de requisitos y trámites administrativos", "summary_en": "Law 8220 establishes a regime for the simplification of administrative procedures applicable to all Costa Rican public administration. It mandates single submission of documents, prohibits requesting information already held by another agency, and requires all procedures to be published in the National Catalog of Procedures. It introduces the principle of 'positive silence' (tacit approval): permits, licenses or authorizations are deemed approved if the Administration fails to decide within the legal deadline, except in matters of public health, environment, and cases expressly indicated by constitutional, legal or jurisprudential mandate. It regulates the single notice of missing requirements, inter-institutional coordination, administrative liability of officials and heads of agencies, and creates the role of the simplification officer under the leadership of MEIC. It incorporates regulatory improvement tools such as regulatory impact analysis and public consultation.", "primary_topic_id": null, "topic_ids": [], "date": "04/03/2002", "year": "2002", "json_url": "/data/legal/docs/norm-48116.json", "html_url": "/legal/doc/norm-48116", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48116&strTipM=TC&nValor3=0" }, { "id": "norm-48118", "citation": "Ley 7475-R", "section": "norms", "doc_type": "law", "title_en": "Law 7475 — Approval of the Marrakesh Agreement (WTO)", "title_es": "Ley 7475 — Aprobación del Acuerdo de Marrakech (OMC)", "summary_en": "This law approves the Marrakesh Agreement establishing the World Trade Organization (WTO), signed on April 15, 1994, together with all its annexes, including Annex 3 which contains the Trade Policy Review Mechanism (TPRM). The TPRM is a multilateral transparency instrument aimed at contributing to improved adherence by Members to the rules and disciplines of the trade agreements, by facilitating the collective appreciation and periodic evaluation of individual Members' trade policies and practices. The mechanism promotes transparency in governmental decision-making at the domestic level, although it underscores that such transparency is voluntary. It establishes a Trade Policy Review Body (TPRB), the frequency of reviews based on share of world trade, and the procedures for documentation, reporting, and evaluations. It is not intended to serve as a basis for the enforcement of specific obligations or for imposing new policy commitments, but rather to enhance understanding of the multilateral trading system.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/1994", "year": "1994", "json_url": "/data/legal/docs/norm-48118.json", "html_url": "/legal/doc/norm-48118", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48118&strTipM=TC&nValor3=0" }, { "id": "norm-48277", "citation": "Decreto 13607", "section": "norms", "doc_type": "executive_decree", "title_en": "National Cadastre Law Regulation", "title_es": "Reglamento a la Ley del Catastro Nacional", "summary_en": "This executive decree develops the technical, administrative, and legal procedures of the National Cadastre for the survey, maintenance, and registration of cadastral plans. It establishes key definitions, the core cadastral documents (maps, index cards, registers), the cadastral certificate—mandatory for transferring or modifying real estate—and the step-by-step execution of the cadastre in declared zones. It regulates plan registration, subdivision and development requirements, horizontal property, cadastral services, and the duties of licensed surveyors. It includes provisions on survey accuracy, symbology, penalties, and the Cadastre Advisory Commission. Though repealed in 2007, this is a crucial historical reference for understanding Costa Rica’s cadastral system and its link to the Public Registry, including restrictions on registering plans in reserves or national parks.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "subdivision-fraccionamiento" ], "date": "24/04/1982", "year": "1982", "json_url": "/data/legal/docs/norm-48277.json", "html_url": "/legal/doc/norm-48277", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48277&strTipM=TC&nValor3=0" }, { "id": "norm-48308", "citation": "Ley 8228", "section": "norms", "doc_type": "law", "title_en": "Law of the Honorable Firefighters Corps of Costa Rica", "title_es": "Ley del Benemérito Cuerpo de Bomberos de Costa Rica", "summary_en": "This law creates the Honorable Firefighters Corps as a maximum deconcentrated body attached to the National Insurance Institute (INS), with nationwide jurisdiction for the prevention, response, and investigation of fires and other specific emergency situations. It establishes its organization, functions, financing through a fund composed of insurance premium contributions and a tax on electricity consumption, and the regime applicable to firefighters. It requires public and private entities to have basic emergency plans and comply with technical standards on safety and fire protection. It defines violations and administrative penalties for obstruction, improper waste management, transportation of hazardous materials, and misuse of insignia, with fines allocated to the Firefighters Corps Fund. The law does not address environmental matters such as forests, water, biodiversity, or environmental impact assessment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/03/2002", "year": "2002", "json_url": "/data/legal/docs/norm-48308.json", "html_url": "/legal/doc/norm-48308", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48308&strTipM=TC&nValor3=0" }, { "id": "norm-48392", "citation": "Ley 8204", "section": "norms", "doc_type": "law", "title_en": "Law on Narcotics, Psychotropic Substances, Unauthorized Drugs, Related Activities, Money Laundering, and Terrorism Financing", "title_es": "Ley sobre estupefacientes, sustancias psicotrópicas, drogas de uso no autorizado, actividades conexas, legitimación de capitales y financiamiento al terrorismo", "summary_en": "This Law 8204 comprehensively reforms Law No. 7786 to establish a legal framework for the prevention, control, and punishment of illicit drug trafficking, narcotics, and psychotropic substances, as well as their precursors and essential chemicals. It also criminalizes money laundering and terrorist financing, imposing reporting and due diligence obligations on financial institutions and other obligated entities. It creates the Costa Rican Drug Institute (ICD) as the lead agency for anti-drug policies, and establishes precautionary measures for the seizure and forfeiture of assets, along with prevention, treatment, and rehabilitation programs. The law regulates special procedures such as controlled deliveries and undercover agents, and prescribes prison sentences and fines for individuals and legal entities that violate its provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/12/2001", "year": "2001", "json_url": "/data/legal/docs/norm-48392.json", "html_url": "/legal/doc/norm-48392", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48392&strTipM=TC&nValor3=0" }, { "id": "norm-48533", "citation": "Ley 8262", "section": "norms", "doc_type": "law", "title_en": "Law on Strengthening Small and Medium Enterprises", "title_es": "Ley de Fortalecimiento de las Pequeñas y Medianas Empresas", "summary_en": "This law establishes a regulatory framework to promote the productive development of small and medium enterprises (SMEs) in Costa Rica. It creates the Mixed Advisory Council for SMEs, the Special Fund for the Development of Micro, Small and Medium Enterprises (FODEMIPYME), and the Support Program for SMEs (PROPYME). It defines criteria for accessing credit, guarantees, public procurement, and technical assistance. It also coordinates actions with the Ministry of Environment (MINAE) to facilitate access to environmentally sound technologies and compliance with environmental standards, promoting sustainable business development. It amends several laws to strengthen the institutional ecosystem supporting SMEs.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "02/05/2002", "year": "2002", "json_url": "/data/legal/docs/norm-48533.json", "html_url": "/legal/doc/norm-48533", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48533&strTipM=TC&nValor3=0" }, { "id": "norm-48541", "citation": "Ley 6054", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Ministry of Economy, Industry and Commerce", "title_es": "Ley Orgánica del Ministerio de Economía, Industria y Comercio", "summary_en": "This law establishes the structure, powers, and functions of Costa Rica's Ministry of Economy, Industry and Commerce (MEIC). It designates MEIC as the governing body for promoting private enterprise, business development, and entrepreneurial culture in the sectors of industry, commerce, services, and SMEs. It details its functions in formulating economic policies, coordinating conformity assessment and technical regulations, supporting entrepreneurs, and promoting domestic and foreign trade. The law also creates the General Directorate for SME Support (DIGEPYME) and sets forth coordination mechanisms with other public and private entities. It does not address environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/06/1977", "year": "1977", "json_url": "/data/legal/docs/norm-48541.json", "html_url": "/legal/doc/norm-48541", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48541&strTipM=TC&nValor3=0" }, { "id": "norm-48548", "citation": "Ley 8279", "section": "norms", "doc_type": "law", "title_en": "National Quality System", "title_es": "Sistema Nacional para la Calidad", "summary_en": "This law establishes the National Quality System (SNC) as a structural framework for conformity assessment, standardization, metrology, and accreditation activities in Costa Rica. It creates the National Quality Council (CONAC), the Costa Rican Metrology Laboratory (LACOMET), the Costa Rican Accreditation Body (ECA), and the Technical Regulation Body (ORT), aiming to improve business competitiveness, provide confidence in trade of goods and services, and comply with international commitments. Although the law itself is not environmental, the quality system impacts environmental technical regulation, as the ORT coordinates the issuance of technical regulations to protect the environment, and laboratories and inspection bodies accredited by the ECA provide services that may be required by environmental regulations. The law was repealed by Article 83 of the National Quality System Law, No. 10473 of April 24, 2024.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/2002", "year": "2002", "json_url": "/data/legal/docs/norm-48548.json", "html_url": "/legal/doc/norm-48548", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48548&strTipM=TC&nValor3=0" }, { "id": "norm-48550", "citation": "Ley 8261", "section": "norms", "doc_type": "law", "title_en": "General Law on Young Persons", "title_es": "Ley General de la Persona Joven", "summary_en": "This law establishes the institutional framework and public policies to promote the comprehensive development of young people in Costa Rica, defined as those between 12 and 35 years old. It defines their rights, the State's duties in health, employment, and education, and creates the National Youth System, headed by the National Council for Public Policy on Young Persons. It regulates youth participation through cantonal committees and the National Consultative Network, and establishes funding and inter-institutional coordination mechanisms.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/2002", "year": "2002", "json_url": "/data/legal/docs/norm-48550.json", "html_url": "/legal/doc/norm-48550", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48550&strTipM=TC&nValor3=0" }, { "id": "norm-48782", "citation": "Ley 8246", "section": "norms", "doc_type": "law", "title_en": "Amendments to the Mining Code Law", "title_es": "Ley de Modificaciones al Código de Minería", "summary_en": "This law reforms the Mining Code (Law No. 6797) to update the permit and concession regime for mining in Costa Rica. It introduces key definitions such as permit, concession, environmental impact, and environmental impact study. A new title on public-domain watercourses regulates extraction concessions with municipal participation, tax payments, and emergency procedures. It creates a title on unlawful mining acts, classifying them into administrative infractions and crimes, with fines and penal sanctions. The law mandates environmental impact studies prior to mining activities. It sets surface rights fees, taxes, and royalty distribution to municipalities and development associations. It repeals the original article 53 and provides a 60-day regulation deadline.", "primary_topic_id": null, "topic_ids": [], "date": "24/04/2002", "year": "2002", "json_url": "/data/legal/docs/norm-48782.json", "html_url": "/legal/doc/norm-48782", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48782&strTipM=TC&nValor3=0" }, { "id": "norm-48839", "citation": "Ley 6797", "section": "norms", "doc_type": "law", "title_en": "Mining Code", "title_es": "Código de Minería", "summary_en": "Costa Rica's Mining Code (Law 6797) asserts absolute, inalienable state ownership of all mineral resources and governs the granting of exploration permits and mining concessions by the Directorate of Geology and Mining. It requires environmental impact assessments (EIAs) prior to approval, bans open-pit metallic mining and exploitation in protected areas such as national parks and biological reserves, and mandates compliance with pollution control and natural resource restoration rules. Administrative infractions and mining crimes are defined, with penalties from fines to imprisonment. Later amendments, including Law 8904 of 2010, declared Costa Rica free of open-pit metallic mining and restricted activities to small-scale artisanal and subsistence mining in designated reserve zones.", "primary_topic_id": null, "topic_ids": [], "date": "04/10/1982", "year": "1982", "json_url": "/data/legal/docs/norm-48839.json", "html_url": "/legal/doc/norm-48839", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=48839&strTipM=TC&nValor3=0" }, { "id": "norm-49046", "citation": "Resolución 1404", "section": "norms", "doc_type": "resolution", "title_en": "Employer obligation to pay wages to polling station members", "title_es": "Obligación patronal de pagar salario a miembros de Junta Receptora", "summary_en": "The Supreme Electoral Tribunal issues an exclusive and binding interpretation of Article 69(j) of the Labor Code, ruling that employers must grant workers the necessary time to vote without any salary reduction. The interpretation extends this obligation to workers serving as members of Polling Station Boards on election day, given their role in facilitating suffrage as a fundamental civic duty. Grounded in the importance of suffrage for representative democracy, the honorary and compulsory nature of board membership (Articles 41 and 17 of the Electoral Code), and the primacy of public interest over private employer interests, the resolution ensures no worker suffers wage loss for fulfilling this civic duty, thereby encouraging electoral participation and protecting Costa Rica's democratic system.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/07/2002", "year": "2002", "json_url": "/data/legal/docs/norm-49046.json", "html_url": "/legal/doc/norm-49046", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=49046&strTipM=TC&nValor3=0" }, { "id": "norm-49128", "citation": "Decreto 30636", "section": "norms", "doc_type": "executive_decree", "title_en": "Registry of Soil Conformity Certifiers", "title_es": "Registro de Certificadores de Uso Conforme del Suelo", "summary_en": "This decree creates the Official Registry of Soil Conformity Certifiers and the Applicants Evaluation Committee, pursuant to the Soil Use, Management and Conservation Law No. 7779. It establishes that MAG-INTA will maintain the registry and accredit professionals authorized to issue soil conformity certificates. It sets inscription requirements: membership in the Costa Rican College of Agronomist Engineers, a minimum bachelor's degree in Agronomic Engineering with emphasis in Phytotechnology or Generalist, or a minimum bachelor's in Forest Sciences with practical experience, plus passing a course taught by the College and MAG-INTA. The decree regulates the composition of the Evaluation Committee, the application procedure, the issuance of ID cards, administrative fees, and the College's supervisory powers over certifiers. It includes transitory provisions to start training. A partial judicial annulment in 2024-2025 removed the restriction for forestry professionals, allowing them, if incorporated to the College and having passed the course, to certify in general, subject to other legal requirements.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779" ], "date": "17/07/2002", "year": "2002", "json_url": "/data/legal/docs/norm-49128.json", "html_url": "/legal/doc/norm-49128", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=49128&strTipM=TC&nValor3=0" }, { "id": "norm-49180", "citation": "Ley 8299", "section": "norms", "doc_type": "law", "title_en": "Public Debt Restructuring Law", "title_es": "Ley de Reestructuración de la Deuda Pública", "summary_en": "Law 8299 authorizes the restructuring of Costa Rican internal public debt through swaps, renegotiations, and forgiveness of outstanding securities. It creates an Internal Debt Negotiation Commission empowered to evaluate the financial situation of holding institutions and issue recommendations for restructuring. The law establishes mechanisms for placing new securities, introduces the Single Treasury Account principle, and regulates early redemption of securities when beneficial to the Treasury. Certain financial intermediaries (such as the Costa Rican Social Security Fund and state banks) are excluded from debt forgiveness, and the Comptroller General is granted a 90-day period to carry out the corresponding cancellations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/08/2002", "year": "2002", "json_url": "/data/legal/docs/norm-49180.json", "html_url": "/legal/doc/norm-49180", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=49180&strTipM=TC&nValor3=0" }, { "id": "norm-49185", "citation": "Ley 8292", "section": "norms", "doc_type": "law", "title_en": "General Law on Internal Control", "title_es": "Ley General de Control Interno", "summary_en": "Law 8292 establishes minimum criteria for the Comptroller General's Office and supervised entities to set up, operate, maintain, improve, and evaluate internal control systems. It defines key concepts and assigns responsibilities to top officials for risk assessment, control activities, and information systems. It regulates internal audit units, their independence, duties, powers, and prohibitions, including conflict resolution mechanisms. It creates administrative liability and sanctions for non-compliance. This is a governance and supreme audit law without environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/07/2002", "year": "2002", "json_url": "/data/legal/docs/norm-49185.json", "html_url": "/legal/doc/norm-49185", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=49185&strTipM=TC&nValor3=0" }, { "id": "norm-49227", "citation": "Decreto 55", "section": "norms", "doc_type": "regulation", "title_en": "Regulation for the Titling of Lands in National Reserves", "title_es": "Reglamento para la Titulación de Tierras en Reservas Nacionales", "summary_en": "This regulation, issued by the Agrarian Development Institute (IDA), establishes the procedure for titling lands in National Reserves in favor of possessors who have exercised quiet, public, peaceful and uninterrupted possession for more than ten years. It defines titling zones, coordination with MINAE to verify lands are not affected by conservation areas or State natural heritage, and transfer of property to the IDA by executive decree. It details requirements for title application, including proof of possession, cadastral map and sworn statements, as well as the publication of edicts and resolution of oppositions. It establishes conditions and restrictions on titled lands, such as easements in favor of the State and compliance with environmental regulations. It was annulled by the Constitutional Court through resolution No. 2063-07 of February 14, 2007.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "12/08/2002", "year": "2002", "json_url": "/data/legal/docs/norm-49227.json", "html_url": "/legal/doc/norm-49227", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=49227&strTipM=TC&nValor3=0" }, { "id": "norm-49391", "citation": "Decreto 30763", "section": "norms", "doc_type": "executive_decree", "title_en": "Principles, Criteria and Indicators for Sustainable Management of Natural Forests", "title_es": "Principios, Criterios e Indicadores para el Manejo Sostenible de Bosques Naturales", "summary_en": "This executive decree, repealed in 2008, established the official set of Principles, Criteria and Indicators (PCI&I) for the sustainable management of natural forests in Costa Rica, which constituted the mandatory technical basis for the preparation and approval of forest management plans on private property. The 8 principles addressed everything from legal compliance and respect for property rights to the protection of biodiversity, water resources, indigenous communities and forestry workers. The document details the specific criteria and indicators for each principle, including aspects such as maximum cutting intensity, prohibition of logging on slopes greater than 60%, protection of restricted and rare species, and the obligation to maintain a percentage of commercial retention. The norm reflects the sustainable forest management approach adopted by the country in compliance with Forestry Law No. 7575, integrating ecological, social and economic considerations as an integral part of the logging authorization regime.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "22/08/2002", "year": "2002", "json_url": "/data/legal/docs/norm-49391.json", "html_url": "/legal/doc/norm-49391", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=49391&strTipM=TC&nValor3=0" }, { "id": "norm-4967", "citation": "Ley 3504", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Supreme Electoral Tribunal and Civil Registry", "title_es": "Ley Orgánica del Tribunal Supremo de Elecciones y del Registro Civil", "summary_en": "This Law 3504 defines the structure, competencies, and operation of Costa Rica's Supreme Electoral Tribunal (TSE) and Civil Registry. It establishes the TSE as the highest electoral authority, responsible for organizing, directing, and supervising suffrage processes, and for making final decisions on Civil Registry rulings. The law details the TSE's composition and the powers of its magistrates, president, secretary, electoral inspector, and other officials. It also regulates the Civil Registry, divided into two departments: Civil and Electoral. The Civil Department handles registrations of births, marriages, deaths, and other civil status acts. The Electoral Department manages the issuance of identity cards, the formation of the electoral roll, the preparation of electoral materials, and the enforcement of judicial decisions affecting political rights. The law sets procedures for applying for, renewing, and expiring identity cards, as well as sanctions for non-compliance. Although it is primarily an electoral and civil registry statute, its proper application is relevant in environmental matters because it regulates the official identification (cédula) required for many administrative and judicial procedures, including environmental ones, and the electoral roll, which may affect standing in certain citizen-participation environmental mechanisms.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/05/1965", "year": "1965", "json_url": "/data/legal/docs/norm-4967.json", "html_url": "/legal/doc/norm-4967", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=4967&strTipM=TC&nValor3=0" }, { "id": "norm-49678", "citation": "Ley 8325", "section": "norms", "doc_type": "law", "title_en": "Marine Turtle Protection Law", "title_es": "Ley de Protección de las Tortugas Marinas", "summary_en": "This law declares scientific research on marine turtles and their habitat to be of public interest, requiring public institutions to share data with MINAE. It mandates the use of Turtle Excluder Devices (TEDs) on shrimp trawlers, with fines and license revocations for non-compliance. Key nesting beaches (Ostional, Nancite, Playa Grande, Tivives, Gandoca, Tortuguero) are declared of ecotourism interest, promoting local guide training. It criminalizes killing, capturing, or trading marine turtles, punishable by imprisonment, with an exception for regulated egg collection in Ostional. Inter-institutional coordination is mandated for enforcement, and representatives are designated for the Inter-American Convention committees.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "04/11/2002", "year": "2002", "json_url": "/data/legal/docs/norm-49678.json", "html_url": "/legal/doc/norm-49678", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=49678&strTipM=TC&nValor3=0" }, { "id": "norm-49812", "citation": "Ley 8343", "section": "norms", "doc_type": "law", "title_en": "Fiscal Contingency Law", "title_es": "Ley de Contingencia Fiscal", "summary_en": "Law 8343, the Fiscal Contingency Law, is a temporary and urgent statute effective from December 18, 2002, to December 18, 2003, enacted to address an exceptional fiscal situation in Costa Rica. It comprises 89 articles and 6 transitional provisions, focusing on tax, budgetary, and administrative measures to strengthen public finances and ensure macroeconomic stability. The law establishes special levies, modifies existing taxes, authorizes debt issuance, and creates mechanisms for controlling and rationalizing public spending. Due to its strictly fiscal nature, the law does not regulate environmental matters but falls within financial and administrative law. It was enacted by the Legislative Assembly and published in La Gaceta No. 250 on December 27, 2002. The consulted version is the 4th of 4, last amended on October 19, 2015.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/12/2002", "year": "2002", "json_url": "/data/legal/docs/norm-49812.json", "html_url": "/legal/doc/norm-49812", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=49812&strTipM=TC&nValor3=0" }, { "id": "norm-49989", "citation": "Decreto 25663", "section": "norms", "doc_type": "executive_decree", "title_en": "Restriction on cutting or harvesting almendro trees", "title_es": "Restricción a la corta o aprovechamiento del árbol de almendro", "summary_en": "This Executive Decree establishes a restriction on cutting or harvesting the almendro tree (Dipteryx panamensis) in a specific zone of northern Costa Rica, aimed at protecting the great green macaw (Ara ambigua), an endangered species that relies on this tree for nesting and feeding. The decree supplements and reiterates the content of Decree 25167-MINAE by defining technical parameters for its implementation: it excludes nest trees and hollow trees from any harvesting; prohibits the cutting of almendro when its frequency in the forest is less than 0.3 trees per hectare; and imposes obligations on forestry managers, such as marking seed trees and nest trees on management plan maps. It also orders the Conservation Areas to maintain an updated database and prioritize the payment of environmental services in the area to reforest with almendro and other native species. Several provisions of Article III were annulled by the Constitutional Chamber in 2002.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "forestry-law-7575" ], "date": "08/10/1996", "year": "1996", "json_url": "/data/legal/docs/norm-49989.json", "html_url": "/legal/doc/norm-49989", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=49989&strTipM=TC&nValor3=0" }, { "id": "norm-5027", "citation": "Ley 4573", "section": "norms", "doc_type": "law", "title_en": "Penal Code — Law 4573", "title_es": "Código Penal — Ley 4573", "summary_en": "This document is the Costa Rican Penal Code, Law No. 4573, which establishes the general principles of criminal law, the classification of crimes, and applicable penalties. It includes provisions on criminal law in space and time, forms of culpability (intent, negligence, preterintention), justifications, imputability, criminal participation, and civil consequences of crime. In its special part, it defines crimes such as homicide, injuries, sexual offenses, crimes against property, and others. It contains provisions relevant to environmental and forestry law, including the protection of public domain and illegal exploitation of forests.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "04/05/1970", "year": "1970", "json_url": "/data/legal/docs/norm-5027.json", "html_url": "/legal/doc/norm-5027", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=5027&strTipM=TC&nValor3=0" }, { "id": "norm-50331", "citation": "Decreto 29393", "section": "norms", "doc_type": "executive_decree", "title_en": "Environmental Management Plan for Forest Reserves, Protected Zones, and Wildlife Refuges", "title_es": "Plan de Ordenamiento Ambiental para Reservas Forestales, Zonas Protectoras y Refugios de Vida Silvestre", "summary_en": "This Decree establishes the Environmental Management Plan (POA) ordered by Article 37 of the Organic Environmental Law, to regulate productive activities on private lands within Forest Reserves, Protected Zones, and state and mixed Wildlife Refuges. The POA provides a methodology for decision-making on permits by evaluating criteria such as natural hazards, land-use conflict, and land-use capability. It characterizes 49 protected wild areas, describing their geobiophysical environment, land tenure situation (predominantly private), existing productive activities, and associated environmental issues. The objective is to allow sustainable development while safeguarding natural resources, given that the State has not paid the corresponding compensation to landowners. The norm seeks to organize activities so that the environment is not degraded, using conflict, hazard, and productive use maps as technical instruments.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "15/01/2001", "year": "2001", "json_url": "/data/legal/docs/norm-50331.json", "html_url": "/legal/doc/norm-50331", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=50331&strTipM=TC&nValor3=0" }, { "id": "norm-50608", "citation": "Decreto 27212", "section": "norms", "doc_type": "executive_decree", "title_en": "Jaguarundi Private Wildlife Refuge", "title_es": "Refugio de Vida Silvestre Privado Jaguarundi", "summary_en": "Executive Decree 27212-MINAE declares several properties located in Los Altos del Roble, San Rafael de Heredia, as the Jaguarundi National Wildlife Refuge under private ownership. The properties, belonging to two corporations, are forested lands situated within the Cordillera Volcánica Central Forest Reserve and near Braulio Carrillo National Park. The decree is based on the interest of conserving biodiversity and protecting aquifer recharge zones that supply potable water, as well as the landowners' voluntary submission to the protection regime. Management is governed by Article 82 of the Wildlife Conservation Law, with owners responsible for surveillance and compliance with technical provisions from the Conservation Area. The declaration lasts ten years, renewable upon owner request.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "18/06/1998", "year": "1998", "json_url": "/data/legal/docs/norm-50608.json", "html_url": "/legal/doc/norm-50608", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=50608&strTipM=TC&nValor3=0" }, { "id": "norm-50877", "citation": "Decreto 3391", "section": "norms", "doc_type": "regulation", "title_en": "National Regulation for the Control of Subdivisions and Urbanizations", "title_es": "Reglamento para el Control Nacional de Fraccionamientos y Urbanizaciones", "summary_en": "This regulation, issued by INVU's Board of Directors, establishes the technical and urban planning conditions governing subdivisions and urbanizations nationwide, applicable where local regulatory plans are absent. It defines requirements for land division, access, public area dedication, road systems, geometric design, river protection, earthworks, and basic services. It includes specific chapters for residential developments and progressive housing, with rules on density, setbacks, and coverage. It was repealed by the 2019 Subdivision and Urbanization Regulation but served for decades as a central instrument for urban land use control.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "13/12/1982", "year": "1982", "json_url": "/data/legal/docs/norm-50877.json", "html_url": "/legal/doc/norm-50877", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=50877&strTipM=TC&nValor3=0" }, { "id": "norm-51975", "citation": "Reglamento municipal 30", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Carrillo Construction Regulation", "title_es": "Reglamento de Construcciones de Carrillo", "summary_en": "This 2003 municipal regulation establishes procedures for obtaining construction, remodeling, expansion, earthmoving, and demolition permits in the canton of Carrillo, Guanacaste. It defines documentation, technical, and inspection requirements, including the approval of cadastral plans for subdivisions and the regulation of buildings on the Maritime-Terrestrial Zone. It incorporates environmental provisions such as prohibiting construction in river and mangrove protection zones and requiring land-use approval in accordance with the regulatory plan. It establishes a penalty system for violations, including fines, closure, and demolition of works, respecting due process. The regulation was repealed in 2018.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "01/10/2003", "year": "2003", "json_url": "/data/legal/docs/norm-51975.json", "html_url": "/legal/doc/norm-51975", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=51975&strTipM=TC&nValor3=0" }, { "id": "norm-51989", "citation": "Reglamento municipal 30-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Coastal Zone Building Permit Regulations", "title_es": "Reglamento para visado de planos en la Zona Marítimo Terrestre", "summary_en": "This municipal regulation establishes the legal requirements for building permit approvals (visados) for construction in the Maritime Terrestrial Zone (ZMT). It provides a list of applicable laws and articles that must be complied with, including provisions of the Forestry Law on setbacks and protection of forested areas, the Organic Environmental Law on environmental impact assessments, and the Urban Planning Law, among others. It also excludes from its scope constructions governed by special regulations or exempted from the Maritime Terrestrial Zone Law.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "01/10/2003", "year": "2003", "json_url": "/data/legal/docs/norm-51989.json", "html_url": "/legal/doc/norm-51989", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=51989&strTipM=TC&nValor3=0" }, { "id": "norm-52128", "citation": "Decreto 31514", "section": "norms", "doc_type": "executive_decree", "title_en": "General Rules for Access to Genetic and Biochemical Resources of Biodiversity", "title_es": "Normas Generales para el Acceso a los Recursos Genéticos y Bioquímicos de la Biodiversidad", "summary_en": "This executive decree regulates access to genetic and biochemical resources of biodiversity in Costa Rica, establishing three types of permits: basic research, bioprospecting, and economic use. It details the requirements and procedures to obtain them, including prior informed consent from providers—local communities, indigenous peoples, or landowners—and the fair and equitable sharing of benefits, which can reach up to 10% of the research budget or 50% of royalties. It designates CONAGEBIO and its Technical Office as the competent authorities to process, approve, oversee, and reject applications, and sets out control mechanisms, sanctions for unauthorized access, export rules, and certificates of origin. It incorporates precautionary principles, protects traditional knowledge, and includes specific provisions for protected areas, indigenous territories, and coastal-marine ecosystems.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "indigenous-law-6172" ], "date": "03/10/2003", "year": "2003", "json_url": "/data/legal/docs/norm-52128.json", "html_url": "/legal/doc/norm-52128", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=52128&strTipM=TC&nValor3=0" }, { "id": "norm-52129", "citation": "Decreto 31520", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Agricultural Aviation Activities", "title_es": "Reglamento para las Actividades de la Aviación Agrícola", "summary_en": "This repealed executive decree (2003–2023) regulated agricultural aviation activities in Costa Rica, providing a comprehensive framework for the aerial application of agrochemicals. It defined the roles and responsibilities of pilots, operators, crop owners, and ministerial authorities. It established certification requirements (Exploitation Certificate, Operational Certificate), pilot qualification, aircraft maintenance, and technical spraying standards. It incorporated key environmental provisions such as 30-meter buffer zones (reducible to 100 meters under certain conditions), prohibition of spraying over water bodies, and mandatory professional prescription from the College of Agronomic Engineers. It created an inter-institutional Advisory Commission to oversee compliance. Sanctions included certificate cancellation and liability for health and environmental damage, following due process.", "primary_topic_id": null, "topic_ids": [], "date": "16/10/2003", "year": "2003", "json_url": "/data/legal/docs/norm-52129.json", "html_url": "/legal/doc/norm-52129", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=52129&strTipM=TC&nValor3=0" }, { "id": "norm-52434", "citation": "Decreto 30077", "section": "norms", "doc_type": "executive_decree", "title_en": "General Regulation of the Ministry of Environment and Energy", "title_es": "Reglamento General del Ministerio del Ambiente y Energía", "summary_en": "This executive decree establishes the organizational structure and administrative operation of the Ministry of Environment and Energy (MINAE). It defines the superior bodies, such as the Ministerial Office and the Administrative Directorate, and details the constituent units, including SINAC, SETENA, the Administrative Environmental Tribunal (TAA), FONAFIFO, and CONAGEBIO. It assigns specific functions to each unit, such as developing environmental policies, evaluating environmental impact, managing complaints, controlling environmental quality, and administering financial resources. It also regulates matters such as appeals against administrative acts, the environmental complaints system via line 192, and the police powers of officials. This regulation was later repealed by Executive Decree No. 35669 of 2009.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575", "biodiversity-law-7788" ], "date": "21/12/2001", "year": "2001", "json_url": "/data/legal/docs/norm-52434.json", "html_url": "/legal/doc/norm-52434", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=52434&strTipM=TC&nValor3=0" }, { "id": "norm-52626", "citation": "Reglamento 7841", "section": "norms", "doc_type": "regulation", "title_en": "Regulatory amendment to pension system social benefits fund", "title_es": "Reforma reglamentaria sobre fondo de prestaciones sociales del sistema de pensiones", "summary_en": "The Board of Directors of the Costa Rican Social Security Fund (CCSS) agreed to amend Article 4 of the Social Benefits Regulation of the Pension System. The amendment establishes that the Social Benefits Fund will be primarily constituted by an annual contribution of 3% of the total expenses of the Disability, Old Age, and Death Insurance. This is an administrative and financial norm, unrelated to environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/03/2004", "year": "2004", "json_url": "/data/legal/docs/norm-52626.json", "html_url": "/legal/doc/norm-52626", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=52626&strTipM=TC&nValor3=0" }, { "id": "norm-5272", "citation": "Ley 7001", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Costa Rican Railway Institute", "title_es": "Ley Orgánica del Instituto Costarricense de Ferrocarriles", "summary_en": "Law 7001 creates INCOFER as a public entity with administrative autonomy and its own assets, responsible for managing and modernizing the national railway system for passengers and freight. It sets objectives to rehabilitate, integrate, and electrify existing networks, authorizing debt up to 40% of assets. It defines the organizational structure: a seven-member Board, an Executive President, managers, and auditors. It details duties and powers for planning, setting tariffs (subject to Executive approval), contracting loans, and expropriating property. It regulates the Institute's liability regime, arbitration, assets, and general provisions such as inter-institutional collaboration and tax exemptions. The text includes subsequent reforms (Laws 9366 and 10773) that strengthen its financial and management capacities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/09/1985", "year": "1985", "json_url": "/data/legal/docs/norm-5272.json", "html_url": "/legal/doc/norm-5272", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=5272&strTipM=TC&nValor3=0" }, { "id": "norm-52817", "citation": "Decreto 31750", "section": "norms", "doc_type": "executive_decree", "title_en": "Ecotourism Regulation", "title_es": "Reglamento de Ecoturismo", "summary_en": "This executive decree, issued in 2003, regulated the term 'ecotourism' as provided in Article 18 of the Forestry Law. It set out definitions, principles and procedures for authorizing ecotourism activities on State Natural Heritage lands, under MINAE supervision and with possible environmental impact assessment. Its goal was to align ecotourism with sustainable development and forest conservation. However, all its articles were annulled by the Constitutional Chamber through ruling No. 16975-08 of November 12, 2008, so it currently has no legal effect.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "22/04/2004", "year": "2004", "json_url": "/data/legal/docs/norm-52817.json", "html_url": "/legal/doc/norm-52817", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=52817&strTipM=TC&nValor3=0" }, { "id": "norm-52943", "citation": "Ley 8412", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the College of Chemical Engineers and Related Professionals and the College of Chemists of Costa Rica", "title_es": "Ley Orgánica del Colegio de Ingenieros Químicos y Profesionales Afines y del Colegio de Químicos de Costa Rica", "summary_en": "This law establishes and regulates the College of Chemical Engineers and Related Professionals and the College of Chemists of Costa Rica, defining their legal nature as non-state public entities with full legal personality and own assets. It sets out the objectives of both colleges, including ensuring compliance with technical and ethical standards, authorizing and supervising professional practice, and collaborating with the State in the development of their fields. The norm details membership categories, rights and duties, exclusive competencies of chemical engineers and chemists, and requirements for legal professional practice. It includes provisions on expert reports, service contracts, professional regencies, and the obligation for companies involved in process industries and laboratories to have registered professionals. It creates a common Liaison and Information Office for both colleges, responsible for registering companies and establishments that handle chemical products or carry out unit operations, a requirement prior to obtaining health permits from the Ministry of Health.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/04/2004", "year": "2004", "json_url": "/data/legal/docs/norm-52943.json", "html_url": "/legal/doc/norm-52943", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=52943&strTipM=TC&nValor3=0" }, { "id": "norm-53029", "citation": "Decreto 31849", "section": "norms", "doc_type": "executive_decree", "title_en": "General Regulation on Environmental Impact Assessment (EIA) Procedures", "title_es": "Reglamento General sobre los Procedimientos de Evaluación de Impacto Ambiental (EIA)", "summary_en": "This executive decree defines the general requirements and procedures for obtaining environmental viability (license) and environmental registries (permits) for new activities, works, or projects that may impact the environment. It establishes the Initial Environmental Assessment process through forms D1, D2, and D3, based on the Potential Environmental Impact Category (A, B1, B2, C). It defines decision paths leading to a Sworn Statement of Environmental Commitments (DJCA), an Environmental Management Forecast-Plan (P-PGA), or a full Environmental Impact Study (EsIA). It regulates public participation via hearings, the mandatory integration of environmental variables in municipal regulatory plans, the registry of consultants, environmental guarantees, and post-license environmental control and monitoring. It repealed the prior 1996 regulation and was itself repealed by Executive Decree 43898 in 2022.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "landscape-protection", "environmental-law-7554" ], "date": "24/05/2004", "year": "2004", "json_url": "/data/legal/docs/norm-53029.json", "html_url": "/legal/doc/norm-53029", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=53029&strTipM=TC&nValor3=0" }, { "id": "norm-53159", "citation": "Ley 3763-1", "section": "norms", "doc_type": "law", "title_en": "Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere", "title_es": "Convención para la Protección de la Flora, Fauna y Bellezas Escénicas Naturales", "summary_en": "The Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere, adopted in 1940, is an international treaty that establishes categories of protected areas (national parks, national reserves, natural monuments, and virgin region reserves) and commitments to conserve the hemisphere's flora, fauna, and outstanding landscapes. Contracting governments agree to create such areas, prohibit commercial exploitation in national parks, protect migratory birds, and regulate trade in protected species. It introduces principles such as the inviolability of virgin reserves, the unalterability of national park boundaries without legislative action, and scientific cooperation among countries. Although predating modern environmental legislation, this Convention laid the groundwork for Costa Rica's National System of Conservation Areas and remains a reference instrument in natural heritage and biodiversity protection.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788" ], "date": "19/10/1966", "year": "1966", "json_url": "/data/legal/docs/norm-53159.json", "html_url": "/legal/doc/norm-53159", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=53159&strTipM=TC&nValor3=0" }, { "id": "norm-53161", "citation": "Reglamento 0 (Instituto Nacional de Vivienda y Urbanismo, 10/11/1982)", "section": "norms", "doc_type": "regulation", "title_en": "Construction Regulation", "title_es": "Reglamento de Construcciones", "summary_en": "The INVU Construction Regulation establishes the minimum technical standards for the planning, design, and construction of buildings, developments, and infrastructure in Costa Rica. It defines requirements for construction permits, alignments, setbacks, sidewalks, sanitary and electrical installations, as well as specifications for different types of buildings (housing, commercial, industrial, places of public assembly). It also regulates aspects of structural safety, seismic resistance, wind loads, materials, and administrative procedures before municipalities and other entities. It is a complementary regulation to the Urban Planning Law and the Construction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/11/1982", "year": "1982", "json_url": "/data/legal/docs/norm-53161.json", "html_url": "/legal/doc/norm-53161", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=53161&strTipM=TC&nValor3=0" }, { "id": "norm-53738", "citation": "Ley 8422", "section": "norms", "doc_type": "law", "title_en": "Law against Corruption and Illicit Enrichment in Public Office", "title_es": "Ley contra la Corrupción y el Enriquecimiento Ilícito en la Función Pública", "summary_en": "Law No. 8422 establishes a comprehensive framework to prevent, detect, and punish corruption in Costa Rican public service. It defines the duty of probity, classifies administrative infractions and crimes such as illicit enrichment, influence peddling, and transnational bribery, and requires senior officials to file sworn asset declarations before the General Comptroller's Office. It also regulates prohibitions on practicing liberal professions, holding simultaneous offices, incompatibilities with private companies contracting with the State, and rules on gifts. The statute aims to protect the public treasury, ensure transparency in public fund management, and sanction acts that harm the collective interest, including provisions on whistle-blower confidentiality and international cooperation for investigations.", "primary_topic_id": "_off-topic", "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "06/10/2004", "year": "2004", "json_url": "/data/legal/docs/norm-53738.json", "html_url": "/legal/doc/norm-53738", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=53738&strTipM=TC&nValor3=0" }, { "id": "norm-5387", "citation": "Ley 6999", "section": "norms", "doc_type": "law", "title_en": "Law on Extensions and New Revenue and Police Occupational Hazards", "title_es": "Ley de Prórrogas y Nuevos Ingresos y Riesgos del Trabajo de la Policía", "summary_en": "This 1985 law contains multiple fiscal provisions and a title on occupational hazards for police forces. It extends taxes, amends the Income Tax Law (adjusting withholdings on dividends, interest, and offshore income), creates a real estate transfer tax, and introduces public spending containment measures. Additionally, it defines extraordinary risks for the Rural Assistance Guard and Civil Guard for activities related to drug trafficking and terrorism, increasing benefits for qualified workplace accidents. The law does not address environmental, natural resource, or land use issues; it is essentially a tax and police social security statute.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/09/1985", "year": "1985", "json_url": "/data/legal/docs/norm-5387.json", "html_url": "/legal/doc/norm-5387", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=5387&strTipM=TC&nValor3=0" }, { "id": "norm-54465", "citation": "Decreto 27800", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Forest Resource Use in Indigenous Reserves", "title_es": "Reglamento para el aprovechamiento del recurso forestal en las reservas indígenas", "summary_en": "This executive decree, issued in 1999, grants Indigenous Development Associations the authority to control forest use within indigenous reserves, allowing the elimination or use of up to three trees per hectare per year (maximum ten per property) on non-forested land for domestic purposes. It establishes that indigenous resource guards, trained by MINAE, carry out inspections and the association forwards applications to the Conservation Area for final approval. It imposes restrictions on areas of common interest such as aquifer recharge zones, springs, protected soils, endangered species, and cultural heritage sites, and mandates compliance with official logging bans. It requires replacement of felled trees by planting at least two of the same or other native timber species. It also provides access to incentives under the Forestry Law. The regulation repealed Decree 26511 and was later declared unconstitutional in 2016, yet its effects were maintained for a four-year period to prevent serious environmental harm while the required indigenous consultation was conducted.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "forestry-law-7575", "indigenous-law-6172" ], "date": "16/03/1999", "year": "1999", "json_url": "/data/legal/docs/norm-54465.json", "html_url": "/legal/doc/norm-54465", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=54465&strTipM=TC&nValor3=0" }, { "id": "norm-546", "citation": "Ley 7064", "section": "norms", "doc_type": "law", "title_en": "Agricultural Production Promotion Law (FODEA)", "title_es": "Ley de Fomento a la Producción Agropecuaria FODEA", "summary_en": "This law establishes a comprehensive framework to promote agricultural and livestock production in Costa Rica. It creates financial and tax incentives for small, medium, and large producers, including a debt restructuring program through public bonds. It defines the Agricultural Sector, its organization, and coordination under the authority of the Ministry of Agriculture (MAG), with a National Sectoral Council and an Executive Planning Secretariat. The law includes the Organic Law of the MAG, detailing its functions in research, extension, plant and animal health, and rural development. It reforms Cantonal Agricultural Centers and contains provisions on marketing, credit, technical assistance, and input regulation. While its primary focus is production, it tangentially addresses environmental aspects such as zoning, environmental pollution, and the prohibition of tax benefits for idle lands with agricultural aptitude or those designated as forest or biological reserves.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/04/1987", "year": "1987", "json_url": "/data/legal/docs/norm-546.json", "html_url": "/legal/doc/norm-546", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=546&strTipM=TC&nValor3=0" }, { "id": "norm-54670", "citation": "Decreto 32303", "section": "norms", "doc_type": "executive_decree", "title_en": "Condominium Property Regulation", "title_es": "Reglamento a la Ley Reguladora de la Propiedad en Condominio", "summary_en": "This executive decree regulates Costa Rica's Condominium Property Act (Law 7933), setting forth procedures, technical requirements, and definitions for subjecting real estate to the condominium regime. It defines types of condominiums (horizontal, vertical, mixed, combined, condohotel, lot condominiums, social interest), requirements for construction plans and municipal approvals, common areas, co-ownership coefficients, and phased development. Specific chapters address concessions in the maritime-terrestrial zone and tourist marinas, regulating their inclusion under the condominium regime, prior authorizations from CIMAT, ICT, and municipalities, and subsidiary concession contracts. It establishes standards for parking, internal roads, green and recreational areas, and penalties for non-compliance. It repeals prior horizontal property provisions. Although repealed in 2025 by Decree 45214, it was the active norm detailing the condominium operational framework for two decades.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/03/2005", "year": "2005", "json_url": "/data/legal/docs/norm-54670.json", "html_url": "/legal/doc/norm-54670", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=54670&strTipM=TC&nValor3=0" }, { "id": "norm-5468", "citation": "Ley 1917", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Costa Rican Tourism Institute", "title_es": "Ley Orgánica del Instituto Costarricense de Turismo", "summary_en": "Law 1917 establishes the Costa Rican Tourism Institute (ICT) as an autonomous state institution with its own legal personality and assets. Its primary purpose is to increase tourism in the country through international promotion, construction and management of tourism infrastructure, and protection of historical and natural sites. Among its functions, the ICT can declare national parks, protect volcanic zones within a two-kilometer radius, and promote ecotourism, agritourism, and rural tourism activities. The law sets forth the ICT's organic structure: a five-member Board of Directors, a General Manager, and an Auditor. It grants the ICT oversight powers over tourism services, including price setting and the issuance of tour guide licenses. It also creates taxes on international air and ground tickets to finance its functions and establishes criminal penalties for abuses against tourists. The law has been amended to incorporate the promotion of community-based rural tourism and corporate social responsibility in the sector.", "primary_topic_id": null, "topic_ids": [], "date": "30/07/1955", "year": "1955", "json_url": "/data/legal/docs/norm-5468.json", "html_url": "/legal/doc/norm-5468", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=5468&strTipM=TC&nValor3=0" }, { "id": "norm-54688", "citation": "Ley 8436", "section": "norms", "doc_type": "law", "title_en": "Fisheries and Aquaculture Law", "title_es": "Ley de Pesca y Acuicultura", "summary_en": "The Fisheries and Aquaculture Law (No. 8436) is the framework law governing fishing and aquaculture activities in Costa Rica, including the capture, processing, transportation, marketing, and sustainable use of aquatic species. It designates the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) as the implementing authority and details its powers. The law classifies types of fishing (commercial at several scales, scientific, educational, sport, tourism), establishes closed seasons, prohibits harmful gear and practices, regulates the fishing fleet, and creates a sanctioning regime with fines and prison terms. It also regulates aquaculture, requiring INCOPESCA authorizations and MINAE water concessions, as well as an environmental impact study. Subsequent amendments have added a trust to create a national tuna fleet and a fund for payments for marine-coastal ecosystem services, among other provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/03/2005", "year": "2005", "json_url": "/data/legal/docs/norm-54688.json", "html_url": "/legal/doc/norm-54688", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=54688&strTipM=TC&nValor3=0" }, { "id": "norm-54704", "citation": "Decreto 25439", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Law for the Development and Execution of the Papagayo Gulf Tourist Project", "title_es": "Reglamento a la Ley para el Desarrollo y Ejecución del Proyecto Turístico Golfo de Papagayo", "summary_en": "This executive decree implements Law 6758 by establishing the regulatory framework for granting, transferring, renewing, terminating, and disciplining concessions within the Papagayo Gulf Tourist Pole (Guanacaste). It defines the administrative bodies —the Executing Office, the Board of Directors, and the Executive Directorate—, the qualifications for concessionaires (economic capacity, clean criminal record), and the procedures for project approval, plan endorsement, land-use changes, density compensation, and submission to condominium regimes. It governs performance guarantees, fees payable to the ICT and municipalities, and sanctions for non-compliance, including concession cancellation and remediation for environmental or archaeological damage. Provisions on access roads, marinas, and tourist docks are included, and a detailed appendix sets out all procedures and requirements applicable to concessionaires.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "27/08/1996", "year": "1996", "json_url": "/data/legal/docs/norm-54704.json", "html_url": "/legal/doc/norm-54704", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=54704&strTipM=TC&nValor3=0" }, { "id": "norm-54710", "citation": "Decreto 32333", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Law against Corruption and Illicit Enrichment in Public Office", "title_es": "Reglamento a la Ley contra la Corrupción y el Enriquecimiento Ilícito en la Función Pública", "summary_en": "This executive decree develops the Law against Corruption and Illicit Enrichment in Public Office (Law No. 8422). It establishes key definitions (acts of corruption, duty of probity, de facto public servant) and regulates citizen participation in the anti-corruption fight (access to information, complaints, confidentiality). It details the preventive regime: prohibition on practicing liberal professions for senior officials, economic compensation of 65% of base salary, simultaneous performance of public positions, incompatibilities, and rules on donations and gifts. It also defines profiles and procedures for sworn asset declarations by officials who handle public funds, manage procurement, or work in customs, including deadlines and conditions. The regulation aims to prevent, detect, and punish corruption through institutional and citizen mechanisms.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/04/2005", "year": "2005", "json_url": "/data/legal/docs/norm-54710.json", "html_url": "/legal/doc/norm-54710", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=54710&strTipM=TC&nValor3=0" }, { "id": "norm-54971", "citation": "Decreto 32405", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of Maquenque Mixed National Wildlife Refuge", "title_es": "Creación del Refugio Nacional de Vida Silvestre Mixto Maquenque", "summary_en": "This executive decree establishes the Maquenque Mixed National Wildlife Refuge in the northern border area of Costa Rica, between the mouths of the San Carlos and Sarapiquí rivers. It declares its importance for the conservation of threatened species such as the great green macaw, jaguar, and manatee, and its role as a core area of the Binational Biological Corridor El Castillo-San Juan-La Selva, part of the Mesoamerican Biological Corridor. It repeals previous forest reserves and wetlands, integrating them into the new mixed refuge category. It also orders the transfer of state lands to the Forest Administration and promotes ecotourism as a sustainable economic alternative for local communities.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "23/05/2005", "year": "2005", "json_url": "/data/legal/docs/norm-54971.json", "html_url": "/legal/doc/norm-54971", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=54971&strTipM=TC&nValor3=0" }, { "id": "norm-55208", "citation": "Acuerdo 0 (Colegio de Farmacéuticos de Costa Rica, 18/07/2005)", "section": "norms", "doc_type": "agreement", "title_en": "Awards of the Board of Directors of the Pharmacists' Association", "title_es": "Distinciones Junta Directiva Colegio de Farmacéuticos", "summary_en": "This agreement establishes the regulations for awarding seven annual distinctions by the Board of Directors of the Costa Rican Pharmacists' Association to its active members. It details the nomination procedure, requiring a written proposal endorsed by at least ten members, and evaluation by an Awards and Distinctions Committee. The Board may declare an award vacant if requirements are not met or no candidates are presented. Decisions are unappealable. The awards, with monetary endowment, certificate, and plaque, are alternated yearly and include: Distinguished Pharmacist, Teacher, Researcher, Industrial, Hospital, Medical Sales Representative, and Community Pharmacist (Hans B. Raven). General requirements include being an active member, no sanctions under the Code of Ethics, at least five years of experience, and participation in the Professional Recertification System. Each award adds specific requirements regarding career and contributions in the relevant field.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/2005", "year": "2005", "json_url": "/data/legal/docs/norm-55208.json", "html_url": "/legal/doc/norm-55208", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=55208&strTipM=TC&nValor3=0" }, { "id": "norm-55240", "citation": "Decreto 32529", "section": "norms", "doc_type": "executive_decree", "title_en": "ASADAS Regulation", "title_es": "Reglamento de las ASADAS", "summary_en": "Executive Decree No. 32529 establishes the regulatory framework for the creation, organization, and operation of Communal Water and Sanitation System Administration Associations (ASADAS). The regulation defines the procedures for delegating the administration of these systems from the Costa Rican Institute of Aqueducts and Sewerage (AyA) to communal associations, detailing their duties, powers, and financial-accounting regime. It includes provisions on water resource protection, water quality, infrastructure construction, and relations with indigenous peoples. It repeals the previous decree and sets a two-year period for existing organizations to comply with the new rules. It was repealed in 2020 by Decree No. 42582.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "02/02/2005", "year": "2005", "json_url": "/data/legal/docs/norm-55240.json", "html_url": "/legal/doc/norm-55240", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=55240&strTipM=TC&nValor3=0" }, { "id": "norm-55371", "citation": "Decreto 26771", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Registry Regulation", "title_es": "Reglamento del Registro Público", "summary_en": "This repealed executive decree established the organization and operation of the Costa Rican Public Registry. It regulated document qualification and registration processes for the Real Property, Legal Persons, Commercial, Associations, and Maritime-Terrestrial Zone Concessions registries. It defined registry principles such as priority, successive tract, and rogation, as well as the legality control exercised by registrars. It also contained provisions on registry publicity, material and conceptual errors, the administrative procedure for correcting anomalies, and security systems including notary security slips and access passwords. Repealed in 2024 by the General Regulation of the Real Property Registry (Decree 44647).", "primary_topic_id": null, "topic_ids": [], "date": "18/02/1998", "year": "1998", "json_url": "/data/legal/docs/norm-55371.json", "html_url": "/legal/doc/norm-55371", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=55371&strTipM=TC&nValor3=0" }, { "id": "norm-55518", "citation": "Decreto 32633", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Wildlife Conservation Law for Fishing and National Wildlife Refuges", "title_es": "Reglamento a la Ley de Conservación de la Vida Silvestre para Pesca y Refugios Nacionales de Vida Silvestre", "summary_en": "This executive decree, originally issued as the Regulation to the Wildlife Conservation Law No. 7317, establishes the regulatory provisions for sport and subsistence fishing, as well as for the administration of National Wildlife Refuges. The current text reflects numerous reforms, mainly through Executive Decree No. 40548 of 2017, which repealed most of the original articles on hunting, breeding farms, research, and international trade of species, leaving only the rules related to fishing and refuges in force. The operative provisions include requirements and procedures for obtaining sport and subsistence fishing licenses, authorized fishing methods, permitted hours, and the functions of SINAC in managing these activities. It also regulates permits for group fishing activities and applicable fees. Regarding refuges, it establishes SINAC's authority to grant use permits in the maritime-terrestrial zone within state and mixed refuges.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "10/03/2005", "year": "2005", "json_url": "/data/legal/docs/norm-55518.json", "html_url": "/legal/doc/norm-55518", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=55518&nValor3=0" }, { "id": "norm-5561", "citation": "Ley 4574", "section": "norms", "doc_type": "law", "title_en": "Municipal Code", "title_es": "Código Municipal", "summary_en": "This law, now entirely repealed by Law No. 7794, formerly established the organization, powers, finances, and remedies of Costa Rican municipalities. Article 4 included mandates for the protection of natural resources, hydrographic basins, forests, and wildlife, as well as tourism promotion through the protection of natural beauties and regulation of the use of lakes, islands, bays, and beaches. It required municipalities to protect natural resources, coordinate with national authorities on forestry matters, and establish or promote national parks, forest reserves, and wildlife refuges. These provisions are no longer in force, yet they illustrate the historic legal recognition of environmental competences at the local level.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "04/05/1970", "year": "1970", "json_url": "/data/legal/docs/norm-5561.json", "html_url": "/legal/doc/norm-5561", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=5561&strTipM=TC&nValor3=0" }, { "id": "norm-55620", "citation": "Decreto 27030", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Concession and Operation of Tourist Marinas", "title_es": "Reglamento a la Ley de Concesión y Funcionamiento de Marinas Turísticas", "summary_en": "This executive decree establishes the procedure for granting concessions in the public maritime zone and adjacent area for the construction and operation of tourist marinas and docks. It regulates the functions of the Interinstitutional Commission for Tourist Marinas and Docks (CIMAT), the approval processes for preliminary projects, construction plans, and operating permits, as well as navigation control and maritime safety. It includes environmental provisions, requirements for environmental viability (EIA) issued by SETENA, and the need for an approved Regulatory Plan or Master Plan. It was repealed by Executive Decree 38171 in 2013.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/05/1998", "year": "1998", "json_url": "/data/legal/docs/norm-55620.json", "html_url": "/legal/doc/norm-55620", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=55620&strTipM=TC&nValor3=0" }, { "id": "norm-55652", "citation": "Ley 7316-1", "section": "norms", "doc_type": "law", "title_en": "Indigenous and Tribal Peoples Convention, No. 169", "title_es": "Convenio No. 169 sobre Pueblos Indígenas y Tribales", "summary_en": "This law approves and adopts ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries. The Convention establishes a comprehensive framework for the protection of indigenous and tribal peoples' rights, recognizing their right to control their own institutions and economic, social, and cultural development. On environmental matters, the Convention requires protection of the environment in indigenous territories (Article 7, paragraph 4), prior social, spiritual, cultural, and environmental impact assessments for development activities (Article 7, paragraph 3), and free, prior, and informed consultation before authorizing exploitation of natural resources on their lands (Article 15). It also recognizes the special importance of these peoples' relationship with their lands and natural resources. Costa Rican law incorporates the Convention as a constitutional-rank norm according to the Constitutional Chamber's jurisprudence, frequently invoked in conflicts regarding indigenous consultation, territories, and extractive projects.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "03/11/1992", "year": "1992", "json_url": "/data/legal/docs/norm-55652.json", "html_url": "/legal/doc/norm-55652", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=55652&strTipM=TC&nValor3=0" }, { "id": "norm-55666", "citation": "Ley 8454", "section": "norms", "doc_type": "law", "title_en": "Digital Certificates, Digital Signatures and Electronic Documents Law", "title_es": "Ley de Certificados, Firmas Digitales y Documentos Electrónicos", "summary_en": "This law establishes the legal framework for the use of digital certificates, digital signatures, and electronic documents in Costa Rica, recognizing their functional equivalence to physical documents. It defines digital signatures, their probative value, and the presumption of authorship. It regulates digital certification, certifiers, and creates the Digital Signature Certifiers Directorate as the supervisory body. It also details sanctions applicable to registered certifiers. The law applies to all types of transactions and legal acts, public or private, with exceptions such as strictly personal acts or testamentary dispositions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/08/2005", "year": "2005", "json_url": "/data/legal/docs/norm-55666.json", "html_url": "/legal/doc/norm-55666", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=55666&strTipM=TC&nValor3=0" }, { "id": "norm-55884", "citation": "Ley 8464", "section": "norms", "doc_type": "law", "title_en": "City Declaration for Cahuita and Puerto Viejo", "title_es": "Declaratoria de Ciudad para Cahuita y Puerto Viejo", "summary_en": "Law No. 8464 declared the communities of Cahuita and Puerto Viejo in the canton of Talamanca, Limón, as cities. The law stipulated that the public zone of the Maritime-Terrestrial Zone in those areas could not be occupied under any title and was dedicated to public use, with special emphasis on free transit, except for possessors with over 40 years of legal possession. A transitional provision gave a one-year deadline for possessors without deeds to start titling procedures under the Possessory Information Law. However, the Constitutional Chamber annulled the entire law via ruling 2009-3113 on February 25, 2009, for reasons not detailed in this text, meaning it currently has no legal effect.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/10/2005", "year": "2005", "json_url": "/data/legal/docs/norm-55884.json", "html_url": "/legal/doc/norm-55884", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=55884&strTipM=TC&nValor3=0" }, { "id": "norm-56050", "citation": "Ley 8487", "section": "norms", "doc_type": "law", "title_en": "Migration and Immigration Law", "title_es": "Ley de Migración y Extranjería", "summary_en": "This repealed law regulated the entry, stay, and departure of foreign nationals in Costa Rica, outlining the principles of migration policy, categories of stay (permanent residents, temporary residents, non-residents, and special categories), administrative procedures, and penalties for non-compliance. It established the National Migration Council and the General Directorate of Migration and Immigration as executing authorities, along with the Migration Police. It defined grounds for inadmissibility, rejection, deportation, and expulsion; regulated the obligations of employers, carriers, and lodging providers; and criminalized human smuggling. Its focus was migration control, public security, and socio-economic development. It does not address environmental, forestry, biodiversity, water, soil, cultural heritage, or environmental procedure matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/11/2005", "year": "2005", "json_url": "/data/legal/docs/norm-56050.json", "html_url": "/legal/doc/norm-56050", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=56050&strTipM=TC&nValor3=0" }, { "id": "norm-56178", "citation": "Ley 8488", "section": "norms", "doc_type": "law", "title_en": "National Emergencies and Risk Prevention Law", "title_es": "Ley Nacional de Emergencias y Prevención del Riesgo", "summary_en": "Law 8488 establishes the legal framework for risk management and emergency response in Costa Rica. It creates the National Commission for Risk Prevention and Emergency Response (CNE) as the governing body, defines the National Risk Management System, and regulates ordinary prevention actions as well as extraordinary actions during a state of emergency declared by the Executive Branch. It incorporates principles such as prevention, solidarity, and coordination, and connects public institutions, local governments, the private sector, and civil society. It details phases of response, rehabilitation, and reconstruction, and establishes the National Emergency Fund to finance these activities. It includes an emergency exception regime to expedite procurement and execution of works, with flexibility in environmental and construction permitting, but subject to accountability and oversight by the Comptroller General of the Republic.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/11/2005", "year": "2005", "json_url": "/data/legal/docs/norm-56178.json", "html_url": "/legal/doc/norm-56178", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=56178&strTipM=TC&nValor3=0" }, { "id": "norm-56341", "citation": "Decreto 32868", "section": "norms", "doc_type": "executive_decree", "title_en": "Water Use Fee Decree", "title_es": "Canon por Aprovechamiento de Aguas", "summary_en": "This decree establishes a water use fee in Costa Rica, applicable to all individuals and entities, public or private, that use water resources under a concession or legal authorization. The fee is calculated per cubic meter per year and varies according to the type of use (human consumption, industrial, commercial, agro-industrial, tourism, agriculture, aquaculture, hydroelectric) and the source (surface or groundwater). It sets specific rates, a seven-year gradual implementation, and allocates 50% of revenues to integrated water management by the Directorate of Waters, while the other 50% must be reinvested in the originating watershed for conservation, ecosystem restoration, and payment for environmental services, prioritizing the protection of water sources for human consumption. It also includes incentives for efficient use and recognition of payments already made to FONAFIFO for environmental services.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "24/08/2005", "year": "2005", "json_url": "/data/legal/docs/norm-56341.json", "html_url": "/legal/doc/norm-56341", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=56341&strTipM=TC&nValor3=0" }, { "id": "norm-56461", "citation": "Decreto 5357", "section": "norms", "doc_type": "executive_decree", "title_en": "Declares Corcovado National Park", "title_es": "Declara Parque Nacional de Corcovado", "summary_en": "This executive decree creates Corcovado National Park on the Osa Peninsula, initially covering 34,346 terrestrial hectares and a 500-meter marine strip. It is based on the exceptional biological richness of the Corcovado basin and the need to protect it from destructive exploitation. The decree declares state lands within the park inalienable and prohibits logging, hunting, resource extraction, introduction of exotic species, and construction, among other activities. It establishes an Advisory Committee to support the administration by the National Parks Service and empowers the Ministry of Agriculture to enter into agreements with national and international organizations to secure funds. It also orders the Attorney General's Office to register the lands as national heritage property and the National Geographic Institute to interpret the boundaries. This decree was ratified as law of the Republic through Law No. 6794 of 1982.", "primary_topic_id": null, "topic_ids": [], "date": "24/10/1975", "year": "1975", "json_url": "/data/legal/docs/norm-56461.json", "html_url": "/legal/doc/norm-56461", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=56461&strTipM=TC&nValor3=0" }, { "id": "norm-56464", "citation": "Ley 5100", "section": "norms", "doc_type": "law", "title_en": "Manuel Antonio National Park Creation Law", "title_es": "Ley de creación del Parque Nacional Manuel Antonio", "summary_en": "Law 5100 of November 15, 1972 declares the area within defined boundaries as Manuel Antonio National Park, covering beaches, territorial waters and islands such as Isla Mogote. Subsequent expansions include mangroves, estuaries and the Camaronera stream mouth. The law prohibits cutting plants, hunting, extracting minerals or coral, and commercial fishing, and forbids building hotels except shelters installed by the National Parks Service. It establishes a financing mechanism based on a share of entrance fees, split between the National Parks Fund and a trust for acquiring private lands, park management, municipal works and monitoring. Administration is entrusted to the National Parks Department of the Ministry of Agriculture, advised by the Costa Rican Tourism Board.", "primary_topic_id": null, "topic_ids": [], "date": "15/11/1972", "year": "1972", "json_url": "/data/legal/docs/norm-56464.json", "html_url": "/legal/doc/norm-56464", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=56464&strTipM=TC&nValor3=0" }, { "id": "norm-56998", "citation": "Ley 8461", "section": "norms", "doc_type": "law", "title_en": "Pacific Coast Port Activity Regulatory Law", "title_es": "Ley Reguladora de la Actividad Portuaria de la Costa del Pacífico", "summary_en": "This law amends Law No. 1721 and establishes the Costa Rican Pacific Ports Institute (Incop) as a public entity with administrative autonomy, responsible for exercising port authority on the Pacific coast. It modernizes the institutional structure (Board of Directors, General Management, Concession Supervisory Secretariat, General Audit) and details its duties, such as direct or indirect port exploitation, concession oversight, port infrastructure planning, and tourism promotion. It creates a levy on cargo moving through central Pacific ports, whose funds are allocated to socioeconomic development in the cantons of Puntarenas and Esparza, including education, infrastructure, healthcare, and scholarships. It also establishes the Tourism Promotion Board of the City of Puntarenas to manage local assets and attract cruise ships. Transitional provisions regulate early retirement benefits for former Incop employees laid off in 2006. The law primarily addresses port governance, with no substantive environmental focus.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/10/2005", "year": "2005", "json_url": "/data/legal/docs/norm-56998.json", "html_url": "/legal/doc/norm-56998", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=56998&strTipM=TC&nValor3=0" }, { "id": "norm-57061", "citation": "Decreto 32966", "section": "norms", "doc_type": "executive_decree", "title_en": "Technical Instruments Manual for the Environmental Impact Assessment Process (EIA Manual) – Part IV", "title_es": "Manual de Instrumentos Técnicos para el Proceso de Evaluación del Impacto Ambiental (Manual de EIA) – Parte IV", "summary_en": "Executive Decree 32966-MINAE, repealed in 2023, established Part IV of the EIA Manual, containing the general guide for preparing Environmental Impact Studies (EsIA) and Environmental Management Plan Forecasts (P-PGA), an instruction for impact assessment using the Environmental Impact Importance Matrix (MIIA), and a procedure for defining terms of reference. The guide detailed the minimum contents of an EsIA, including description of the physical, biological and socioeconomic environment, impact identification and evaluation, management plan, risk analysis and compensation measures. The assessment instruction defined attributes such as intensity, extent, timing, reversibility and synergy, classifying impacts as compatible, moderate, severe and critical based on importance. Annex 3 regulated the transition from D1 to more in-depth instruments based on Environmental Impact Significance (SIA): DJCA for SIA<300, P-PGA for SIA 300-1000, and EsIA for SIA>1000. The decree was part of the 2004 EIA regulation and sought to standardize and streamline environmental assessment in Costa Rica, establishing responsibilities for consultants and developers.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "20/02/2006", "year": "2006", "json_url": "/data/legal/docs/norm-57061.json", "html_url": "/legal/doc/norm-57061", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=57061&strTipM=TC&nValor3=0" }, { "id": "norm-57062", "citation": "Decreto 32967", "section": "norms", "doc_type": "executive_decree", "title_en": "Introduction of the environmental variable into Regulatory Plans and land-use planning", "title_es": "Introducción de la variable ambiental en Planes Reguladores y planificación del uso del suelo", "summary_en": "Executive Decree 32967 establishes the technical procedure for integrating the environmental variable into Regulatory Plans and all other land-use planning in Costa Rica, through the Environmental Fragility Index (IFA) methodology. It defines the steps to produce geoaptitude, bioaptitude, edaphoaptitude and anthropoaptitude maps, generating an integrated environmental fragility map that serves as the basis for zoning, identification of technical limitations, and definition of recommended and non-recommended land uses. It includes guidelines on Cumulative Effects Assessment and Environmental Analysis, culminating in a sustainable development regulation. SETENA oversees compliance with the procedure and grants Environmental Viability (License). Annexes include protocols on active geological faults, aquifer vulnerability, and principles for coastal tourism master plans.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779", "environmental-law-7554" ], "date": "20/02/2006", "year": "2006", "json_url": "/data/legal/docs/norm-57062.json", "html_url": "/legal/doc/norm-57062", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=57062&strTipM=TC&nValor3=0" }, { "id": "norm-57127", "citation": "Ley 8506", "section": "norms", "doc_type": "law", "title_en": "Addition of Article 73 bis to the Maritime-Terrestrial Zone Law", "title_es": "Adición del artículo 73 bis a la Ley sobre la Zona Marítimo-Terrestre", "summary_en": "Law 8506 adds Article 73 bis to the Maritime-Terrestrial Zone Law (Law 6043) to extend to district municipal councils —when their jurisdictions include coastal territory— the same powers, competencies, and responsibilities that that law grants to municipalities in general. This means that district councils with jurisdiction in the coastal zone assume the usufruct, administration of the maritime zone, and all other applicable provisions. The norm also subjects the officials of those district councils to the disciplinary regime set forth in Article 63 of Law 6043 and, when they are popularly elected, to the grounds for loss of credentials under Article 24(c) of the Municipal Code, Law 7794. It shall take effect six months after publication. This is a normative reform that adapts the competency structure to the reality of district municipal councils adjacent to the sea, explicitly granting them the management of that public patrimony and aligning their sanctioning regime with the municipal one.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/04/2006", "year": "2006", "json_url": "/data/legal/docs/norm-57127.json", "html_url": "/legal/doc/norm-57127", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=57127&strTipM=TC&nValor3=0" }, { "id": "norm-57137", "citation": "Ley 8495", "section": "norms", "doc_type": "law", "title_en": "General Law of the National Animal Health Service", "title_es": "Ley General del Servicio Nacional de Salud Animal", "summary_en": "Law 8495 establishes the legal framework for the National Animal Health Service (Senasa), a technical body under the Ministry of Agriculture and Livestock. It regulates animal health protection, veterinary public health, and safety of food of animal origin. The law defines Senasa's powers: pest and disease control, zoonosis surveillance, traceability, control of veterinary drugs and animal feed, and oversight of establishments subject to sanitary control. It incorporates precautionary, risk analysis, and proportionality principles, and articulates collaboration with the Ministry of Health. The law creates a trust to manage financial resources, establishes a sanctioning regime with fines and sanitary measures, and creates an Administrative Sanctioning Procedure Tribunal. It repeals Law 6243 and amends related legislation.", "primary_topic_id": null, "topic_ids": [], "date": "06/04/2006", "year": "2006", "json_url": "/data/legal/docs/norm-57137.json", "html_url": "/legal/doc/norm-57137", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=57137&strTipM=TC&nValor3=0" }, { "id": "norm-57278", "citation": "Decreto 33106", "section": "norms", "doc_type": "executive_decree", "title_en": "National Biological Corridors Program", "title_es": "Programa Nacional de Corredores Biológicos", "summary_en": "Executive Decree No. 33106 establishes the National Biological Corridors Program as a biodiversity conservation strategy, aligning with regional commitments under the Mesoamerican Biological Corridor. It mandates a long-term Strategic Plan and implementation through the National System of Conservation Areas (SINAC), which must incorporate the program into its action plans and functional, administrative, and financial structures. The decree emphasizes interconnecting protected areas, buffer zones, and multiple-use areas for conservation and sustainable resource use. Several articles were later repealed by Decree No. 40043, which updated the program's regulation.", "primary_topic_id": "biological-corridors", "topic_ids": [ "biological-corridors" ], "date": "09/02/2006", "year": "2006", "json_url": "/data/legal/docs/norm-57278.json", "html_url": "/legal/doc/norm-57278", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=57278&strTipM=TC&nValor3=0" }, { "id": "norm-57436", "citation": "Ley 8508", "section": "norms", "doc_type": "law", "title_en": "Contentious-Administrative Code", "title_es": "Código Procesal Contencioso-Administrativo", "summary_en": "Law 8508, the Contentious-Administrative Code, governs procedures before the Contentious-Administrative and Civil Treasury Jurisdiction of Costa Rica. It establishes rules for challenging Public Administration conduct, defines standing (including defense of diffuse and collective interests), precautionary measures, conciliation, evidence, oral and public trial, appeals (appeal, cassation), and enforcement of judgments. It is relevant to environmental law because it allows challenging the legality of administrative acts and omissions in environmental matters, including seeking annulment of permits, restoration of legal situations, and damages. It also empowers protection of public domain assets and allows third-party and group intervention in defense of collective interests, which is key for judicial environmental protection.", "primary_topic_id": null, "topic_ids": [], "date": "28/04/2006", "year": "2006", "json_url": "/data/legal/docs/norm-57436.json", "html_url": "/legal/doc/norm-57436", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=57436&strTipM=TC&nValor3=0" }, { "id": "norm-57820", "citation": "Ley 8533", "section": "norms", "doc_type": "law", "title_en": "Farmers' Markets Regulation Law", "title_es": "Ley de Regulación de Ferias del Agricultor", "summary_en": "Law 8533 establishes the National Farmers' Markets Program as a social marketing program exclusively for small and medium-sized agricultural, livestock, fishery, forestry, poultry, agro-industrial, and handicraft producers, enabling direct sales to consumers. It creates a National Farmers' Markets Board as the governing body and regional committees per zone. It defines participation requirements such as having a card issued by authorized entities and complying with sanitary and phytosanitary rules. The National Production Council (CNP) is given technical, advisory, and reference price-setting functions, while the Ministry of Health oversees sanitary control. It regulates the collection of fees for market improvements and prohibits street vending within 500 meters of a market. A disciplinary regime is established, and conflicting laws are repealed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/2006", "year": "2006", "json_url": "/data/legal/docs/norm-57820.json", "html_url": "/legal/doc/norm-57820", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=57820&strTipM=TC&nValor3=0" }, { "id": "norm-58314", "citation": "Decreto 33411", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Administrative Procurement Law", "title_es": "Reglamento a la Ley de Contratación Administrativa", "summary_en": "This executive regulation, repealed in 2022, comprehensively developed the Administrative Procurement Law (Law 7494) to govern the contractual activity of the Costa Rican public sector. It established guiding principles (efficiency, effectiveness, publicity, free competition, equality, good faith, and asset intangibility), prerequisites for contracting (planning, initial decision, budgetary availability), and ordinary selection procedures: public tender, abbreviated tender, and auction. It included mechanisms for direct contracting in excluded cases—sole supplier, urgency, or low amounts—as well as special modalities like reverse auction, framework agreement, and prequalification. It regulated in detail the bidding terms, the offer, guarantees, evaluation, contract execution, and the appeals regime. The text reflects a system focused on transparency, competition, and public spending efficiency, serving as a direct antecedent to the current public procurement framework in Costa Rica.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/09/2006", "year": "2006", "json_url": "/data/legal/docs/norm-58314.json", "html_url": "/legal/doc/norm-58314", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=58314&strTipM=TC&nValor3=0" }, { "id": "norm-58419", "citation": "Ley 7202-1", "section": "norms", "doc_type": "law", "title_en": "National Archives System Law", "title_es": "Ley del Sistema Nacional de Archivos", "summary_en": "This law establishes the National Archives System in Costa Rica, aiming to regulate the administration, custody, and conservation of public and private records of national interest. It creates an institutional framework for archival management, though its provisions also include tangential aspects such as the reform of the legal deposit of works in several libraries and the National Archive, and the update of the Archive Stamp to finance the construction of a new building for the National Archive. The former National Archive Law (No. 3661) is repealed, and amendments are introduced to the Copyright Law to expand the list of depository institutions for copies. The law does not address environmental matters; its central purpose is the organization and funding of the national archival system, including financing through specific fiscal stamps and regulating mandatory document deposit for published works.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/1990", "year": "1990", "json_url": "/data/legal/docs/norm-58419.json", "html_url": "/legal/doc/norm-58419", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=58419&strTipM=TC&nValor3=0" }, { "id": "norm-5849", "citation": "Ley 4294", "section": "norms", "doc_type": "law", "title_en": "Law for the Practice of Topography and Land Surveying", "title_es": "Ley para el Ejercicio de la Topografía y la Agrimensura", "summary_en": "This law, Law 4294, regulates the practice of topography and land surveying in Costa Rica. It defines both fields: land surveying includes surveys, stakeouts, subdivision of non-urbanized land, location of natural and artificial details, preparation of descriptions for deeds and horizontal plans linked to the national mapping system. Topography includes the above plus leveling, profiles, earthwork calculations, setting out lines and grades for construction projects, geometric verification during construction, topographic triangulation, staking out subdivisions, roads, canals, railways, and hydrographic surveys. A license issued by the College of Engineers and Architects of Costa Rica, with prior authorization from the University of Costa Rica, is required. It lists who may obtain the license: civil, mining, military engineers, topographers, agronomists, depending on studies and colegio membership. It grants public faith to authorized surveyors and establishes a disciplinary regime administered by the College, with sanctions including warning, fine, or suspension. Fees are set by the Executive Branch after hearing the College.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/12/1968", "year": "1968", "json_url": "/data/legal/docs/norm-5849.json", "html_url": "/legal/doc/norm-5849", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=5849&strTipM=TC&nValor3=0" }, { "id": "norm-58938", "citation": "Ley 7523", "section": "norms", "doc_type": "law", "title_en": "Private Supplementary Pension Regime Law", "title_es": "Ley de Régimen Privado de Pensiones Complementarias", "summary_en": "This law creates the Private Supplementary Pension Regime in Costa Rica, establishing a system of individual capitalization managed by pension operators. It amends the Securities Market Regulatory Law to expand the functions of the National Securities Commission, including authorization, supervision, and sanctioning of securities market participants, and regulation of public offerings. It defines the composition of the Commission's Board of Directors, incorporating the Superintendent of Pensions and private sector representatives. The law contains no provisions on environmental matters, natural resources, forest conservation, water, soils, biodiversity, or environmental impact assessment, being limited exclusively to the regulation of the financial and pension system.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/07/1995", "year": "1995", "json_url": "/data/legal/docs/norm-58938.json", "html_url": "/legal/doc/norm-58938", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=58938&strTipM=TC&nValor3=0" }, { "id": "norm-58939", "citation": "Ley 7523-1", "section": "norms", "doc_type": "law", "title_en": "Private Supplementary Pensions Regime", "title_es": "Régimen Privado de Pensiones Complementarias", "summary_en": "Law 7523 establishes and regulates the private supplementary pensions regime in Costa Rica, authorizing the creation of individual capitalization plans for old age and death. The original statute created pension fund operators, but its main articles were repealed by the Worker Protection Law (7983). Currently, the law retains the chapter on the Superintendence of Pensions (Supén), attached to the Central Bank, with powers to license, regulate, supervise, and oversee plans, funds, and operators. It includes precautionary measures, a classification of financial irregularities, a catalog of very serious, serious, and minor infractions, and corresponding sanctions. It also criminalizes special offenses such as unauthorized operations or providing false information, and regulates the sanctioning procedure.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/07/1995", "year": "1995", "json_url": "/data/legal/docs/norm-58939.json", "html_url": "/legal/doc/norm-58939", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=58939&strTipM=TC&nValor3=0" }, { "id": "norm-59340", "citation": "Decreto 22962", "section": "norms", "doc_type": "executive_decree", "title_en": "Border Corridor National Wildlife Refuge", "title_es": "Refugio Nacional de Vida Silvestre Corredor Fronterizo", "summary_en": "Executive Decree 22962-MIRENEM declares a 2 km-wide strip along the border with Nicaragua, from Punta Castilla on the Caribbean to Bahía Salinas on the Pacific, as a National Wildlife Refuge. It is based on Wildlife Conservation Law 7317 and the State's duty to protect natural resources. The area is considered a biological corridor linking key conservation areas (Tortuguero, Caño Negro, etc.) and is part of the International System of Protected Areas for Peace (SI-A-PAZ). Lands with legally registered property titles are not considered part of the refuge until the State purchases or expropriates their ownership rights. Administration falls to the Wildlife Directorate General. A subsequent law (Law 10127 of 2022) segregates two lots for a border post, assigning their administration to the Ministry of Foreign Trade.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "15/02/1994", "year": "1994", "json_url": "/data/legal/docs/norm-59340.json", "html_url": "/legal/doc/norm-59340", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=59340&strTipM=TC&nValor3=0" }, { "id": "norm-59524", "citation": "Decreto 33601", "section": "norms", "doc_type": "executive_decree", "title_en": "Wastewater Discharge and Reuse Regulation", "title_es": "Reglamento de Vertido y Reuso de Aguas Residuales", "summary_en": "Executive Decree 33601-MINAE-S establishes the comprehensive regulatory framework for the management, discharge, and reuse of wastewater in Costa Rica. It sets maximum permissible limits for physical-chemical and microbiological parameters, distinguishing between discharges into sanitary sewers and receiving bodies, as well as for various categories of reuse (urban, agricultural, recreational, etc.). The regulation mandates treatment, periodic operational reporting through the SIRROAR system, and maintenance of a management logbook. It prohibits effluent dilution, discharge of stormwater into sanitary sewers, sludge and hazardous substance discharge, and establishes an administrative and criminal penalty regime. It creates a Technical Committee to advise on its updating and application, repealing the previous regulation (Decree 26042).", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "09/08/2006", "year": "2006", "json_url": "/data/legal/docs/norm-59524.json", "html_url": "/legal/doc/norm-59524", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=59524&strTipM=TC&nValor3=0" }, { "id": "norm-5967", "citation": "Ley 7097", "section": "norms", "doc_type": "law", "title_en": "Extraordinary Budget Law No. 7097", "title_es": "Ley de Presupuesto Extraordinario N° 7097", "summary_en": "Law authorizing a wide range of transfers, donations, sales, and tax exemptions of movable and immovable property from the State, its institutions, and local governments. It approves authorizations for entities such as ICE, INVU, municipalities, and INDER to transfer land for popular housing, educational infrastructure, sports facilities, religious temples, and other social purposes. It includes provisions on tax exemptions for vehicles of social and charitable entities, amendments to tax and budget laws, and authorizes the issuance of bonds for public debt and rural development. It contains rules on the management of international loan disbursements, compensation of obligations between state entities, and regulation of taxes on vehicles, coffee, and public shows. Although the text covers various matters, no substantive environmental content is identified in the extract.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/08/1988", "year": "1988", "json_url": "/data/legal/docs/norm-5967.json", "html_url": "/legal/doc/norm-5967", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=5967&strTipM=TC&nValor3=0" }, { "id": "norm-6003", "citation": "Ley 6209", "section": "norms", "doc_type": "law", "title_en": "Law for the Protection of Representatives of Foreign Firms", "title_es": "Ley de Protección al Representante de Casas Extranjeras", "summary_en": "Law No. 6209 establishes a special legal framework to protect representatives, distributors, and manufacturers who, on a continuous and autonomous basis, prepare, promote, facilitate, or finalize the sale of goods or services of foreign firms in Costa Rica. It defines the legal concepts of foreign firm, representative, exclusive distributor, and manufacturer. It regulates the just causes for termination of contracts, with and without liability for the foreign firm, including obligations to purchase inventory and compensate. The law declares the rights it confers to be non-waivable and presumes binding arbitration in the absence of an express dispute resolution clause, along with a two-year statute of limitations. Amended by Law No. 8629 of 2007, which added new grounds, a mechanism for full compensation, and the possibility of obtaining procedural guarantees. The law aims to balance the contractual relationship between parties, providing legal certainty to local representatives against the economic power of foreign firms.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/03/1978", "year": "1978", "json_url": "/data/legal/docs/norm-6003.json", "html_url": "/legal/doc/norm-6003", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6003&strTipM=TC&nValor3=0" }, { "id": "norm-60416", "citation": "Decreto 10088", "section": "norms", "doc_type": "executive_decree", "title_en": "Expropriation of Osa Productos Forestales S.A. Properties", "title_es": "Expropiación Inmuebles Osa Productos Forestales S.A.", "summary_en": "This executive decree formalizes the Costa Rican government's expropriation of three large farms in the Osa Peninsula, Puntarenas, belonging to Osa Productos Forestales S.A. (later Agrindustrial Rincón S.A.) and O. Sociedad Anónima. It is based on Articles 45 and 50 of the Constitution and the Expropriation Law, citing the need to address landlessness among peasants and to carry out a land settlement and agricultural-forestry development plan through the Land and Colonization Institute (ITCO). The norm meticulously details the expropriated properties, buildings, installations, machinery, spare parts, tools, and furnishings, and sets the prices and payment method using agrarian bonds at 8% interest. The land was intended for the purposes of Law No. 2825. The article describing the first farm was later reformed.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "02/05/1979", "year": "1979", "json_url": "/data/legal/docs/norm-60416.json", "html_url": "/legal/doc/norm-60416", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=60416&strTipM=TC&nValor3=0" }, { "id": "norm-60419", "citation": "Decreto 8494", "section": "norms", "doc_type": "executive_decree", "title_en": "Golfo Dulce Forest Reserve", "title_es": "Reserva Forestal Golfo Dulce", "summary_en": "Executive Decree 8494-A establishes the Golfo Dulce Forest Reserve, covering 84,538 hectares in the hills surrounding Golfo Dulce and the Osa Peninsula. The norm is based on the need to protect forested, steep, high-rainfall soils unsuitable for agriculture or livestock. The decree declares national lands within the reserve inalienable, places private properties under the forest regime, and designates the Dirección General Forestal as the authority responsible for surveillance, demarcation, and approval of any use. Logging, hunting, burning, and agricultural or industrial activities are prohibited without prior permission. The State is authorized to acquire private lands through direct purchase or expropriation, and ITCO may intervene in the relocation of occupants. The decree aims to organize forest use under sustained-yield plans, protecting watersheds that supply water to nearby agricultural areas.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "28/04/1978", "year": "1978", "json_url": "/data/legal/docs/norm-60419.json", "html_url": "/legal/doc/norm-60419", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=60419&strTipM=TC&nValor3=0" }, { "id": "norm-60420", "citation": "Decreto 9388", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of the Golfo Dulce Forest Reserve", "title_es": "Reforma a la Reserva Forestal Golfo Dulce", "summary_en": "This Executive Decree amends Decree 8494-A of 1978, which established the Golfo Dulce Forest Reserve. The amendment follows inspections by the Forestry Directorate that identified privately owned agricultural lands within the reserve that no longer require forest protection. The decree modifies Article 1 of the original decree, specifically lines 3 through 6 of the boundary description, indicating how those lines shall read henceforth. It is a technical adjustment to exclude certain private properties with agricultural aptitude, while preserving protection over most of the original 84,538-hectare reserve. The rule takes effect upon publication.", "primary_topic_id": null, "topic_ids": [], "date": "30/11/1978", "year": "1978", "json_url": "/data/legal/docs/norm-60420.json", "html_url": "/legal/doc/norm-60420", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=60420&strTipM=TC&nValor3=0" }, { "id": "norm-60434", "citation": "Decreto 10244", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Expropriation Decree for Osa Properties", "title_es": "Reforma Decreto Expropiación Inmuebles Osa", "summary_en": "This Executive Decree No. 10244-G of July 5, 1979, amends Article 1 of Executive Decree No. 10088-G-H of May 2, 1979. It corrects a material error in the description of the area of a property expropriated from Productos Forestales S.A., located in Osa, Puntarenas. The original decree stated that the property registered in the Public Registry measured 39,500 hectares and 7,059 square meters, whereas the correct registered area is 39,507 hectares and 3,059 square meters. The decree makes no other changes to the original expropriation; it is strictly limited to rectifying this registry detail to reflect the legal reality of the property. The correction is purely formal and does not alter the nature or effects of the expropriation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/07/1979", "year": "1979", "json_url": "/data/legal/docs/norm-60434.json", "html_url": "/legal/doc/norm-60434", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=60434&strTipM=TC&nValor3=0" }, { "id": "norm-60478", "citation": "Decreto 9628", "section": "norms", "doc_type": "executive_decree", "title_en": "Forest Reserve Protection and Use Regulation", "title_es": "Reglamento sobre la Protección y Aprovechamiento de las Reservas Forestales", "summary_en": "This regulation, issued in 1979 under Forestry Law No. 4465, establishes the legal framework for the protection and rational use of forest reserves declared by the Executive Branch. It defines a forest reserve as a forested or forest-suitable area with productive capacity, designated for planned forest management. It distinguishes between state and private lands: state lands are inalienable and can only be used through technical plans approved by the Dirección General Forestal, either through direct state intervention (bidding or concessions) or upon application by individuals under official supervision. Private land within reserves must comply with the forestry regime, requiring authorization for tree cutting, forest use, or land-use change, although owners can request their land be classified as agricultural-suitable for free cultivation. The Executive Branch may purchase or expropriate private land essential for the reserve's management. Agricultural activities are prohibited in protective zones within reserves. Sanctions include fines for unauthorized exploitation, invasion, and prohibited activities, as well as arrest for violations in protective zones. The regulation supersedes contradictory rules and takes effect upon publication.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "19/02/1979", "year": "1979", "json_url": "/data/legal/docs/norm-60478.json", "html_url": "/legal/doc/norm-60478", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=60478&strTipM=TC&nValor3=0" }, { "id": "norm-60741", "citation": "Ley 8591", "section": "norms", "doc_type": "law", "title_en": "Law for the Development, Promotion, and Fostering of Organic Agricultural Activity", "title_es": "Ley de Desarrollo, Promoción y Fomento de la Actividad Agropecuaria Orgánica", "summary_en": "Law 8591 establishes the legal framework for the development, promotion, and fostering of organic agricultural activity in Costa Rica. It declares this activity to be of public and social interest, aiming to benefit human, animal, and plant health, as well as to protect the environment, water resources, and biodiversity. It defines key concepts such as organic activity, transition period, participatory and third-party certification, and organized organic producer groups (GPO). It assigns the Ministry of Agriculture and Livestock (MAG) the responsibility for promoting, controlling, and overseeing organic production. The law prohibits the use, production, and experimentation with genetically modified organisms (GMOs) in organic activity and establishes measures to prevent genetic contamination. It also creates an incentive regime that includes payment for environmental services, tax exemptions (income tax, VAT, importation of goods) for small and medium producers, as well as administrative and criminal penalties for violations such as the fraudulent sale of products as organic or the unauthorized planting of GMOs.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "soil-conservation-7779" ], "date": "28/06/2007", "year": "2007", "json_url": "/data/legal/docs/norm-60741.json", "html_url": "/legal/doc/norm-60741", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=60741&strTipM=TC&nValor3=0" }, { "id": "norm-60982", "citation": "Decreto 33957", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Methodology for Determining Land Use Capacity of Costa Rica", "title_es": "Reforma a la Metodología de Determinación de Capacidad de Uso de Tierras de Costa Rica", "summary_en": "This executive decree, issued jointly by the Ministry of Environment and Energy (MINAE) and the Ministry of Agriculture and Livestock (MAG), adds a paragraph to the official methodology for determining land use capacity (Decree 23214). The amendment clarifies that civil infrastructure works may be carried out on various land use classes, provided they comply with legal requirements. Originally, Article 2 sought to unify the definitions of 'forest lands' and 'lands of forest aptitude' from Forestry Law 7575, but this article was annulled by the Constitutional Court in 2012. The decree is based on the Soil Use, Management and Conservation Law (7779) and the Forestry Law, aiming to facilitate the application of environmental and agricultural regulations in infrastructure projects.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779", "forestry-law-7575" ], "date": "05/09/2007", "year": "2007", "json_url": "/data/legal/docs/norm-60982.json", "html_url": "/legal/doc/norm-60982", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=60982&strTipM=TC&nValor3=0" }, { "id": "norm-6135", "citation": "Ley 4349", "section": "norms", "doc_type": "law", "title_en": "Law adding the right to an ecologically balanced environment to Article 50 of the Political Constitution", "title_es": "Ley que adiciona al artículo 50 de la Constitución Política el derecho a un ambiente ecológicamente equilibrado", "summary_en": "This constitutional amendment, identified as Law 4349, added a third paragraph to Article 50 of the Political Constitution, establishing the right of every person to an ecologically balanced environment. The provision stated that this right had constitutional status and imposed on the State the duty to guarantee, defend, and preserve the environment. The amendment was annulled by the Constitutional Chamber through resolution No. 2771 of April 4, 2003, after determining that the Legislative Assembly lacked competence to approve a constitutional amendment on this matter via the procedure of addition at the end of the text, without following the general procedure for partial reform set forth in the Constitution. Before its annulment, it was a milestone in the recognition of environmental law as a fundamental right in Costa Rica.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "11/07/1969", "year": "1969", "json_url": "/data/legal/docs/norm-6135.json", "html_url": "/legal/doc/norm-6135", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6135&strTipM=TC&nValor3=0" }, { "id": "norm-61401", "citation": "Decreto 34043", "section": "norms", "doc_type": "executive_decree", "title_en": "Ratification and reform of Gandoca-Manzanillo Wildlife Refuge", "title_es": "Ratificación y reforma del Refugio de Vida Silvestre Gandoca-Manzanillo", "summary_en": "This executive decree ratifies the original decree creating the Gandoca-Manzanillo National Wildlife Refuge (Decree 16614-MAG of 1985), except for its Article 5. It also modifies the refuge's boundaries by expanding them to include a marine protection zone extending 2,500 meters from the coastline, aimed at protecting sea turtles from human activities such as entanglement in fishing nets. The decree is based on the need to conserve the area's unique natural resources, including mangroves, forests, coral reefs, and nesting beaches for leatherback turtles, and acknowledges the communities of Gandoca, Manzanillo, and Puerto Viejo as populations requiring sustainable development. The decree was partially annulled by the Constitutional Chamber in 2009, and some articles were later repealed or annulled, but the ratification of the refuge remains in effect.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788" ], "date": "11/09/2007", "year": "2007", "json_url": "/data/legal/docs/norm-61401.json", "html_url": "/legal/doc/norm-61401", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=61401&strTipM=TC&nValor3=0" }, { "id": "norm-6149", "citation": "Ley 6995", "section": "norms", "doc_type": "law", "title_en": "Extraordinary Budget Law", "title_es": "Ley de Presupuesto Extraordinario", "summary_en": "This law, number 6995, is an extraordinary budget law of the Republic of Costa Rica. It amends the National Budget Law for 1985 (Law 6982) with the primary objective of financing public sector salary adjustments and authorizing fund reallocations. It establishes cuts to budget items and their transfer to a salary adjustment program. It also contains numerous specific provisions authorizing changes in the destination of funds assigned to municipalities, development associations, and other entities, including infrastructure works, land and vehicle donations, and tax exemptions. It includes articles on advance payment of political debt, tax exemptions for RECOPE, authorization for bond issuance, and reforms to laws such as the National Registry Law and the Education Code, among many others.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/07/1985", "year": "1985", "json_url": "/data/legal/docs/norm-6149.json", "html_url": "/legal/doc/norm-6149", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6149&strTipM=TC&nValor3=0" }, { "id": "norm-6155", "citation": "Ley 7224", "section": "norms", "doc_type": "law", "title_en": "Ramsar Convention on Wetlands", "title_es": "Convención de Ramsar sobre Humedales", "summary_en": "Law 7224 ratifies the Convention on Wetlands of International Importance especially as Waterfowl Habitat, signed in Ramsar in 1971. It defines wetlands as marshes, swamps, peatlands, or water bodies, natural or artificial, permanent or temporary, fresh, brackish, or salt, including marine waters up to six meters deep. Parties must designate at least one wetland for the List of Wetlands of International Importance, based on ecological, botanical, zoological, limnological, or hydrological criteria, and develop management plans for conservation and wise use. It mandates consultation among Parties, creation of nature reserves, compensation for losses, and cooperation in research and monitoring. A permanent Bureau, initially the IUCN, supports conferences, maintains the List, and receives reports on ecological changes. Costa Rica is bound to protect wetlands as resources of high ecological, cultural, and economic value.", "primary_topic_id": null, "topic_ids": [], "date": "09/04/1991", "year": "1991", "json_url": "/data/legal/docs/norm-6155.json", "html_url": "/legal/doc/norm-6155", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6155&strTipM=TC&nValor3=0" }, { "id": "norm-61669", "citation": "Decreto 11363", "section": "norms", "doc_type": "executive_decree", "title_en": "Free Transfer of Lands to ITCO in Turrialba and Limón", "title_es": "Traspaso gratuito de terrenos al ITCO en Turrialba y Limón", "summary_en": "This executive decree transferred for free to the Institute of Lands and Colonization (ITCO) approximately 160,000 hectares of land in the cantons of Turrialba (Cartago) and Limón, Pococí, Siquirres, Matina and Guácimo (Limón), for the purpose of titling their possessors. It excluded private lands, those under legal exceptions, or those not transferable by other laws. The Forestry Directorate had to notify ITCO within two months of any objection regarding areas that should be forest reserves; after that period, any objection was deemed cleared. ITCO was bound to subject subsequent transfers to individuals to the restrictions of its Board of Directors and to the Forestry Law, respecting areas of forest aptitude. The decree was repealed in 2008 by executive decree 34415.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "24/03/1980", "year": "1980", "json_url": "/data/legal/docs/norm-61669.json", "html_url": "/legal/doc/norm-61669", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=61669&strTipM=TC&nValor3=0" }, { "id": "norm-6199", "citation": "Ley 6955", "section": "norms", "doc_type": "law", "title_en": "Public Sector Financial Balance Law", "title_es": "Ley para el Equilibrio Financiero del Sector Público", "summary_en": "The Public Sector Financial Balance Law (Ley No. 6955), enacted in 1984, is a Costa Rican fiscal and budgetary statute aimed at ordering, sanitizing, and strengthening the Public Treasury through a modern legal framework for the preparation and control of the National Budget. It created a Treasury Reorganization Commission to draft bills on taxation, budget, and public spending. The law established budget structuring rules, including spending financing, limits on government borrowing from the banking system, and personal liability of officials for violations. It introduced spending reductions through public sector job rationalization, cancellation of pending 1983 commitments, and a voluntary labor mobility program. The law amended the Income Tax for legal entities, created incentives for non-traditional exports, and adjusted selective consumption taxes. It also reformed the Consular Tariff, residency fees, departure taxes, and the Fiscal Code regarding stamped paper and revenue stamps. Provisions addressed public service users and debtor protection, and authorized the sale of CODESA company shares. The law is of public order; most of its articles have been repealed, amended, or declared unconstitutional, so its current validity is limited.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/02/1984", "year": "1984", "json_url": "/data/legal/docs/norm-6199.json", "html_url": "/legal/doc/norm-6199", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6199&strTipM=TC&nValor3=0" }, { "id": "norm-62128", "citation": "Decreto 34202", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of Article 70, Agricultural Aviation Regulation: buffer zones and drift", "title_es": "Reforma artículo 70 Reglamento Aviación Agrícola: zonas de amortiguamiento y deriva", "summary_en": "This executive decree amends Article 70 of the Agricultural Aviation Activities Regulation (Decree 31520). Its purpose is to restore the possibility of reducing aerial spraying distances from 100 to 30 meters when a buffer zone exists, after the Constitutional Chamber partially struck down the provision for lack of scientific basis. The reform relies on technical studies, particularly CORBANA's 2007 research, showing that with modern technologies such as GPS, calibrated nozzles, and vegetative barriers, agrochemical drift is minimal and does not harm human health or the environment. Mandatory conditions are established for aerial spraying near buffer zones: reforestation with native species, maximum flight height of 5 meters, droplet size between 200 and 300 microns, periodic equipment calibration, satellite guidance systems, meteorological limits, and use of only moderate-toxicity products. The decree invokes the precautionary principle and the right to a healthy and ecologically balanced environment under Article 50 of the Constitution, seeking to harmonize agricultural production with the protection of health and the surroundings.", "primary_topic_id": null, "topic_ids": [ "art-50-constitution" ], "date": "21/05/2007", "year": "2007", "json_url": "/data/legal/docs/norm-62128.json", "html_url": "/legal/doc/norm-62128", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=62128&strTipM=TC&nValor3=0" }, { "id": "norm-62353", "citation": "Decreto 34136", "section": "norms", "doc_type": "executive_decree", "title_en": "Environmental Administrative Tribunal Procedure Regulation", "title_es": "Reglamento de Procedimiento del Tribunal Ambiental Administrativo", "summary_en": "This decree establishes the procedure governing the Environmental Administrative Tribunal (TAA), a deconcentrated body of MINAE with national jurisdiction to resolve administrative environmental disputes. It regulates its organization, judge requirements, procedural principles, and the stages of proceedings: complaint, preliminary investigation, precautionary measures, oral hearing, and final resolution. It incorporates mechanisms such as conciliation, acquiescence, and referral of complaints to other authorities when outside its competence. Sanctions are imposed under the Organic Environmental Law and protective laws, and its rulings exhaust administrative remedies.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "20/06/2007", "year": "2007", "json_url": "/data/legal/docs/norm-62353.json", "html_url": "/legal/doc/norm-62353", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=62353&strTipM=TC&nValor3=0" }, { "id": "norm-6239", "citation": "Ley 3284", "section": "norms", "doc_type": "law", "title_en": "Commercial Code", "title_es": "Código de Comercio", "summary_en": "Law 3284 establishes the Commercial Code of Costa Rica, governing commercial acts and contracts, the obligations of merchants, and the formation, operation, dissolution, and liquidation of commercial companies. It defines company types (general partnership, limited partnership, limited liability company, and corporation), requirements for registration with the Mercantile Registry, issuance of shares, management and representation of companies, and accounting obligations. It also regulates commercial auxiliaries such as commission agents, sworn brokers, factors, carriers, and traveling agents. The code aims to provide legal certainty to commercial transactions and protect the interests of partners and third parties, establishing clear responsibilities for directors and shareholders.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/1964", "year": "1964", "json_url": "/data/legal/docs/norm-6239.json", "html_url": "/legal/doc/norm-6239", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6239&strTipM=TC&nValor3=0" }, { "id": "norm-62425", "citation": "Decreto 34312", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of National Convenience for El Diquís Hydroelectric Project", "title_es": "Declaratoria de Conveniencia Nacional del Proyecto Hidroeléctrico El Diquís", "summary_en": "Through Executive Decree 34312, the Executive Branch declared of national convenience and public interest the studies and works of the El Diquís Hydroelectric Project and its transmission lines, to be built by ICE. The decree was based on Articles 19(b) and 34 of the Forestry Law, which allow land-use change and tree felling in forested land or protected areas for projects declared of national convenience, provided social benefits outweigh socio-environmental costs. The decree established negotiation and consultation mechanisms with affected communities, mandated priority and expedited processing by SETENA and other institutions for environmental viability and concessions, and exempted ICE from various regulatory requirements, including species bans and proof of property ownership. However, the decree was annulled by the Constitutional Chamber in ruling No. 001622 of January 19, 2022, with effects dimensioned so as not to affect already collected information. Previously, Article 8 had been annulled in 2016. The annulment was due to the lack of prior, free, and informed consultation with indigenous communities, in accordance with ILO Convention 169.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "indigenous-law-6172", "environmental-law-7554" ], "date": "06/02/2008", "year": "2008", "json_url": "/data/legal/docs/norm-62425.json", "html_url": "/legal/doc/norm-62425", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=62425&strTipM=TC&nValor3=0" }, { "id": "norm-62548", "citation": "Reglamento municipal 0 (Municipalidad de Cartago, 05/02/2008)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Repeal of the Cartago Urban Master Plan", "title_es": "Derogatoria del Plan Regulador de Cartago", "summary_en": "This 2008 municipal regulation repeals the Urban Master Plan (Plan Regulador) of the Central Canton of Cartago and its Zoning Regulations, preserving only the Partial Road Plan and the Industrial Zoning established by the Gran Área Metropolitana partial zoning regulation. The Municipal Council approved the repeal through several agreements, based on Article 17 of the Urban Planning Law. The National Institute of Housing and Urbanism (INVU) endorsed the decision. During the transitional period until a new Urban Master Plan takes effect, applicable national and regional regulations will govern, including the Urban Planning Law, the Subdivision Regulation, the Construction Law, and the Organic Environmental Law. The repeal took effect upon publication in La Gaceta. This action does not impose new environmental restrictions but redefines the applicable urban legal framework, indirectly affecting land-use management and the application of environmental regulations in the canton.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "05/02/2008", "year": "2008", "json_url": "/data/legal/docs/norm-62548.json", "html_url": "/legal/doc/norm-62548", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=62548&strTipM=TC&nValor3=0" }, { "id": "norm-62555", "citation": "Decreto 34331", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the National Cadastre Law", "title_es": "Reglamento a la Ley de Catastro Nacional", "summary_en": "This executive decree establishes the regulation for the National Cadastre Law (Law No. 6545). It defines the structure and functions of the National Cadastre, including cadastral execution, qualification and registration of survey plans, and the creation of a Cadastral Registry. It details cadastral survey procedures, required documentation, technical precisions, and the role of surveying professionals. It regulates the presentation, qualification, provisional registration, and cancellation of plans, as well as municipal and INVU endorsements for subdivisions and urban developments. It also addresses the surveyor's public faith, reconciliation of registry information, and registry principles applicable to the cadastre. This regulation was repealed in 2024 by the General Regulation of the Real Estate Registry.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "29/11/2007", "year": "2007", "json_url": "/data/legal/docs/norm-62555.json", "html_url": "/legal/doc/norm-62555", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=62555&strTipM=TC&nValor3=0" }, { "id": "norm-62717", "citation": "Ley 8631", "section": "norms", "doc_type": "law", "title_en": "Plant Breeders' Rights Law", "title_es": "Ley de Protección de las Obtenciones Vegetales", "summary_en": "This law establishes the legal framework for protecting the rights of breeders of new, distinct, uniform, and stable plant varieties. The National Seed Office (Ofinase) grants plant breeder’s rights certificates valid for 20 years (25 for perennials). It grants exclusive rights over reproduction, commercialization, export, and import of the protected variety material, but includes exceptions for private use, research, and seed saving by small and medium farmers. It also regulates compulsory licenses for public interest, nullity, cancellation, provisional and border measures. It notably excludes protection for wild plants of Costa Rican biodiversity that have not been improved.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/03/2008", "year": "2008", "json_url": "/data/legal/docs/norm-62717.json", "html_url": "/legal/doc/norm-62717", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=62717&strTipM=TC&nValor3=0" }, { "id": "norm-62838", "citation": "Decreto 34433", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Biodiversity Law", "title_es": "Reglamento a la Ley de Biodiversidad", "summary_en": "This executive decree develops the administrative and technical organization for the management, conservation, and sustainable use of biodiversity in Costa Rica, pursuant to Biodiversity Law No. 7788. It regulates the structure and functions of the National Commission for Biodiversity Management (CONAGEBIO) and the National System of Conservation Areas (SINAC), including their bodies such as the National Council of Conservation Areas (CONAC), Regional Councils (CORAC), and Local Councils. It establishes provisions on the composition, powers, and procedures of these entities, as well as on financial administration, the declaration and management categories of protected wild areas, species conservation, environmental impact assessment, biodiversity incentives, and public education. It is the main regulatory norm that operationalizes the mandates of the Biodiversity Law regarding institutions and management tools.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "environmental-law-7554", "biological-corridors" ], "date": "11/03/2008", "year": "2008", "json_url": "/data/legal/docs/norm-62838.json", "html_url": "/legal/doc/norm-62838", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=62838&strTipM=TC&nValor3=0" }, { "id": "norm-63047", "citation": "Ley 8634", "section": "norms", "doc_type": "law", "title_en": "Development Banking System Law", "title_es": "Ley Sistema de Banca para el Desarrollo", "summary_en": "Law No. 8634 creates the Development Banking System (SBD) as a mechanism to finance and promote viable productive projects for micro, small and medium enterprises, agricultural producers, entrepreneurs, and priority sectors such as women and ethnic minorities. The law establishes the eligible beneficiaries, financial resources (Fonade, Fofide, FCD), the governance structure through the Governing Council and its Technical Secretariat, and non-financial support mechanisms. Its purposes include promoting financial inclusion, innovation, associativity, cleaner production, and regional development. It emphasizes channeling resources through second-tier banking, special regulation for development banking, and contribution to environmental sustainability as a priority criterion. The law has been repeatedly amended to revitalize the system, include new sectors, and make financial instruments more flexible, while maintaining the goal of social mobility and productive development aligned with the country's development model.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/04/2008", "year": "2008", "json_url": "/data/legal/docs/norm-63047.json", "html_url": "/legal/doc/norm-63047", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=63047&strTipM=TC&nValor3=0" }, { "id": "norm-6318", "citation": "Ley 7226", "section": "norms", "doc_type": "law", "title_en": "Constitutive Agreement of the Central American Commission for Environment and Development", "title_es": "Convenio Constitutivo de la Comisión Centroamericana de Ambiente y Desarrollo", "summary_en": "Law 7226 enacts the Constitutive Agreement of the Central American Commission for Environment and Development (CCAD), signed in 1989. This regional instrument establishes a cooperation framework among Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua for the rational use of natural resources, pollution control, and restoration of ecological balance under a sustainable development model. It creates the CCAD as the body responsible for formulating strategies, developing action plans, coordinating technical assistance, and securing regional and international funding. Its objectives include protecting the region's natural heritage, harmonizing national policies and legislation with sustainable strategies, and promoting participatory environmental management. The agreement defines the institutional structure (Presidency, Secretariat, Technical Committees) and financial provisions for its operation.", "primary_topic_id": null, "topic_ids": [], "date": "02/04/1991", "year": "1991", "json_url": "/data/legal/docs/norm-6318.json", "html_url": "/legal/doc/norm-6318", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6318&strTipM=TC&nValor3=0" }, { "id": "norm-63246", "citation": "Decreto 34507", "section": "norms", "doc_type": "executive_decree", "title_en": "Official Delimitation of the Pochotal Lagoon Wetland", "title_es": "Oficialización del Humedal Laguna Pochotal", "summary_en": "This executive decree formalizes the cartographic survey of the sector called Pochotal Lagoon Wetland, carried out by the National Geographic Institute on December 17, 2002, identifying existing natural and artificial channels. The delimitation is declared legally binding for all purposes, providing legal certainty to administrative and judicial operators. Pursuant to Article 33 of the Forestry Law, a fifty-meter protection zone is established around the lagoon. The measure complies with the State's duty to conserve wetlands as protected wild areas and with the Ramsar Convention ratified by Costa Rica. The decree is based on the Environmental Organic Law, the Wildlife Conservation Law, and the Forestry Law, and stems from a complaint before the Environmental Administrative Tribunal that ordered precise delimitation of the wetland, as well as a ruling by the Criminal Cassation Court clarifying requirements for wetland declaration and delimitation.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "water-law", "wildlife-law-7317" ], "date": "25/04/2008", "year": "2008", "json_url": "/data/legal/docs/norm-63246.json", "html_url": "/legal/doc/norm-63246", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=63246&strTipM=TC&nValor3=0" }, { "id": "norm-633", "citation": "Ley 13", "section": "norms", "doc_type": "law", "title_en": "General Law on Public Lands", "title_es": "Ley General sobre terrenos baldíos", "summary_en": "This law establishes the legal framework for public lands (baldíos) in Costa Rica, defining their nature and the mechanisms for acquisition, sale, lease, or concession. It presumes state ownership of all untitled land. It provides for free adjudication of lots up to 30 hectares to Costa Rican citizens under strict cultivation and residency conditions, and for leasing to nationals or foreigners for agricultural or livestock use. It creates inalienable protection zones along coasts, rivers, volcanoes, borders, and indigenous areas. It mandates tree conservation around water sources and includes anti-speculation controls. It repeals prior tax code provisions on baldíos and centralizes dispute resolution in the Executive Branch, subject to judicial review.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "10/01/1939", "year": "1939", "json_url": "/data/legal/docs/norm-633.json", "html_url": "/legal/doc/norm-633", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=633&strTipM=TC&nValor3=0" }, { "id": "norm-63351", "citation": "Decreto 34559", "section": "norms", "doc_type": "executive_decree", "title_en": "Sustainability Standards for Natural Forest Management", "title_es": "Estándares de Sostenibilidad para Manejo de Bosques Naturales", "summary_en": "Executive Decree 34559-MINAE establishes the sustainability standards governing natural forest management in Costa Rica. It repeals the previous standard (Decree 30763) and enacts a set of interconnected instruments: Principles, Criteria and Indicators (which safeguard ecological integrity and legal certainty of management); a Code of Practices (which regulates private management activities); and a Procedures Manual (which guides State Forest Administration actions). The decree defines three principles: legal certainty and spatio-temporal monitoring of management units (Principle 1); maintenance of the uneven-aged structure and composition of the forest (Principle 2); and protection of soils, water, and control of human activities affecting the forest (Principle 3). For each principle, verifiable criteria and indicators are established. It also orders the AFE to issue, through administrative channels, the operational details of the Code of Practices and the Procedures Manual, listing the minimum elements they must contain and establishing coordination with SETENA's environmental viability process when applicable.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "08/01/2008", "year": "2008", "json_url": "/data/legal/docs/norm-63351.json", "html_url": "/legal/doc/norm-63351", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=63351&strTipM=TC&nValor3=0" }, { "id": "norm-63405", "citation": "Ley 8641", "section": "norms", "doc_type": "law", "title_en": "Declaration of the Hydrant Service as a Public Service", "title_es": "Declaratoria del servicio de hidrantes como servicio público", "summary_en": "Law No. 8641 declares the installation, development, operation, and maintenance of fire hydrants in Costa Rica a public service. It assigns responsibility for the hydrant network to the operators of potable water distribution systems, whether public or private, within their concession areas. The Public Services Regulatory Authority (ARESEP) must recognize, within the water tariff structures, the costs and investments necessary for hydrants, regulated under the ARESEP Law. The Fire Department of the National Insurance Institute (INS) is designated as the technical advisory body to coordinate with operators on the definition of hydrant types, locations, flow rates, and installation priorities. The law amends other statutes: the ARESEP Law to include hydrant service within its functions; the Urban Planning Law to incorporate hydrants in public services analyses; and the Construction Law to require developers to install hydrants in new buildings exceeding 2,000 square meters of construction area when no nearby hydrants exist, and to mandate municipalities to verify proper hydrant installation before issuing operation permits. The law takes effect upon publication and the regulation must be issued within six months.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/06/2008", "year": "2008", "json_url": "/data/legal/docs/norm-63405.json", "html_url": "/legal/doc/norm-63405", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=63405&strTipM=TC&nValor3=0" }, { "id": "norm-63412", "citation": "Decreto 18220", "section": "norms", "doc_type": "executive_decree", "title_en": "Free transfer of lands in Limón and Talamanca to IDA/INDER", "title_es": "Traspaso gratuito de terrenos al IDA/INDER en Limón y Talamanca", "summary_en": "This executive decree, now repealed, transferred approximately 70,000 hectares free of charge to the then Agrarian Development Institute (IDA, now INDER) in the districts of Limón, Bratsi, Sixaola, Cahuita and Talamanca, in Limón province. The purpose was to implement the cadastre and titling component of the Atlantic Zone Agricultural Development Project, regularizing unregistered private possession (over 20% of the area) by issuing registered land titles. The transfer excludes privately owned lands, areas falling under the exceptions of the Land and Colonization Law (Law 2825) and the Forestry Law (Law 4465), or lands legally inalienable for other reasons. A 50-meter inalienable coastal strip and 150 meters under municipal administration are reserved. The Forestry Directorate had two months to object if any land should form part of the State Forest Heritage; after that, INDER could proceed with titling. Parcels transferred to private owners remain subject to the Forestry Law's restrictions for forested areas. The decree was signed in 1988 and repealed in 2008 by Executive Decree No. 34415.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "15/03/1988", "year": "1988", "json_url": "/data/legal/docs/norm-63412.json", "html_url": "/legal/doc/norm-63412", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=63412&strTipM=TC&nValor3=0" }, { "id": "norm-63431", "citation": "Ley 8642", "section": "norms", "doc_type": "law", "title_en": "General Telecommunications Law", "title_es": "Ley General de Telecomunicaciones", "summary_en": "The General Telecommunications Law (Law 8642) establishes the legal framework for telecommunications regulation in Costa Rica, covering the use and exploitation of the radio-electric spectrum, network operation, and service provision. It defines guiding principles such as universality, solidarity, effective competition, and environmental sustainability. The law creates the National Telecommunications Fund (Fonatel) to finance universal access and service, and assigns the Superintendence of Telecommunications (Sutel) regulatory, supervisory, and sanctioning powers over the sector. The law incorporates environmental sustainability as a guiding principle, requiring operators and providers to comply with all applicable environmental legislation, thus harmonizing telecommunications development with the constitutional guarantee of a healthy and ecologically balanced environment.", "primary_topic_id": null, "topic_ids": [], "date": "04/06/2008", "year": "2008", "json_url": "/data/legal/docs/norm-63431.json", "html_url": "/legal/doc/norm-63431", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=63431&strTipM=TC&nValor3=0" }, { "id": "norm-63586", "citation": "Ley 8649", "section": "norms", "doc_type": "law", "title_en": "Municipal Tax Tariff of the Canton of Acosta", "title_es": "Tarifa de Impuestos Municipales del Cantón de Acosta", "summary_en": "This law establishes the municipal patent tax regime in the canton of Acosta. It defines the taxable event, annual period, sworn declaration, a rate of two per thousand on gross income (with a minimum of 30 % of a minimum wage), and classification by a scoring table based on activity type, location, premises condition, inventory, and employees. It regulates exemptions for non-profit entities, suspension and closure for non-payment, quarterly payment with a 1 % monthly surcharge, and a 6 % discount for early annual payment. It includes taxes on games, street vending, and rentals. Comprehensively amended by Law No. 10388 of 2023, which added articles on oversight, sanctions, and street vending, and repealed articles on advertising and regulatory framework.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/06/2008", "year": "2008", "json_url": "/data/legal/docs/norm-63586.json", "html_url": "/legal/doc/norm-63586", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=63586&strTipM=TC&nValor3=0" }, { "id": "norm-63749", "citation": "Ley 8653", "section": "norms", "doc_type": "law", "title_en": "Insurance Market Regulatory Law", "title_es": "Ley Reguladora del Mercado de Seguros", "summary_en": "This law reshapes the Costa Rican insurance market by ending the state monopoly and opening it to competition, creating the General Superintendency of Insurance to authorize, regulate, and supervise insurers, reinsurers, intermediaries, and auxiliary service providers. It sets requirements for administrative authorization, including minimum capital based on the type of entity, and a capital adequacy and solvency regime. It details policyholder rights, market participant obligations, and an infraction and sanctioning system to ensure compliance. Additionally, it comprehensively reforms the INS Law, turning it into a competitor in the open market, and strengthens the Fire Department through a fund financed by a percentage of insurance premiums. The norm also addresses the INS's administrative contracting and insurance intermediation, including figures such as agents, agency companies, and brokers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/07/2008", "year": "2008", "json_url": "/data/legal/docs/norm-63749.json", "html_url": "/legal/doc/norm-63749", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=63749&strTipM=TC&nValor3=0" }, { "id": "norm-63786", "citation": "Ley 8660", "section": "norms", "doc_type": "law", "title_en": "Strengthening and Modernization of Public Entities in the Telecommunications Sector Law", "title_es": "Ley de Fortalecimiento y Modernización de las Entidades Públicas del Sector Telecomunicaciones", "summary_en": "Law No. 8660 creates the telecommunications sector under the stewardship of the Ministry of Science, Technology and Telecommunications (Micitt) and modernizes the Costa Rican Electricity Institute (ICE) and its companies. It establishes a special regime for ICE regarding finances, administrative contracting, and human resources, granting it autonomy and flexibility. It also amends the Public Services Regulatory Authority Law (Law 7593) to create the Telecommunications Superintendency (Sutel) as the sector's regulatory body. From an environmental perspective, the law requires the National Telecommunications Development Plan to comply with environmental legislation, promote sustainability, and the use of renewable energy. Sutel must ensure environmental sustainability and balance in network exploitation, and the governing minister must ensure compliance with environmental regulations and sustainable development of the sector. It also includes environmental sustainability as a guiding principle and contains provisions on green procurement and telecommunications waste management.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/2008", "year": "2008", "json_url": "/data/legal/docs/norm-63786.json", "html_url": "/legal/doc/norm-63786", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=63786&strTipM=TC&nValor3=0" }, { "id": "norm-63938", "citation": "Decreto 34728", "section": "norms", "doc_type": "executive_decree", "title_en": "General Regulation for the Issuance of Health Ministry Operating Permits", "title_es": "Reglamento General para el Otorgamiento de Permisos de Funcionamiento del Ministerio de Salud", "summary_en": "This Executive Decree No. 34728-S of 2008 unifies and regulates the issuance of sanitary operating permits (PSF) for all agricultural, industrial, commercial, or service activities, including health and related facilities. It establishes a three-tier risk classification system (A, B, and C) based on sanitary and environmental impact, detailing documentary requirements such as a sworn statement, municipal location resolution, and environmental viability license from SETENA. The decree sets maximum resolution periods (20, 7, and 0 business days), introduces provisional permits for renewals with improvement plans, and mandates emergency plans, waste management, and occupational health programs contingent on risk level. It also reforms numerous previous sanitary regulations and repeals Decrees 33240-S and 30571-S, centralizing the procedure within the Health Ministry’s Rector Areas.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "28/05/2008", "year": "2008", "json_url": "/data/legal/docs/norm-63938.json", "html_url": "/legal/doc/norm-63938", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=63938&strTipM=TC&nValor3=0" }, { "id": "norm-64363", "citation": "Ley 5605", "section": "norms", "doc_type": "law", "title_en": "Convention on International Trade in Endangered Species of Wild Fauna and Flora", "title_es": "Convención sobre el Comercio Internacional de Especies Amenazadas de Fauna y Flora Silvestres", "summary_en": "This law fully ratifies the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), signed in Washington in 1973. The Convention establishes a global framework for regulating cross‑border trade in wild species specimens to ensure that such trade does not threaten their survival. It creates a system of permits and certificates for species listed in three Appendices according to their degree of threat: Appendix I prohibits, except in exceptional circumstances, international trade in species threatened with extinction; Appendix II strictly regulates trade in species that may become threatened; and Appendix III enables Parties to list species subject to local regulation and to request international cooperation. The national ratification law —Ley 5605— formally incorporates the treaty into Costa Rican law, obliging the country to designate Management and Scientific Authorities, adopt compliance measures, sanction violations and confiscate specimens, and submit periodic reports. In turn, subsequent amendments approved by Laws 7103 and 9154 update aspects of the Conference of the Parties and allow accession by regional economic integration organizations.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "30/10/1974", "year": "1974", "json_url": "/data/legal/docs/norm-64363.json", "html_url": "/legal/doc/norm-64363", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=64363&strTipM=TC&nValor3=0" }, { "id": "norm-64573", "citation": "Decreto 34958", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to Article 80 of the Biodiversity Law", "title_es": "Reglamento al Artículo 80 de la Ley de Biodiversidad", "summary_en": "This executive decree developed the procedures for the mandatory prior consultation with the National Commission for Biodiversity Management (CONAGEBIO) required before granting intellectual or industrial property protection for innovations involving biodiversity elements. It also established the obligation to submit a report verifying compliance with national biodiversity access regulations when such resources were used in the development of those innovations, in line with the Convention on Biological Diversity. However, the decree was fully annulled by Constitutional Chamber ruling No. 2012-17058 of December 5, 2012, and is therefore no longer in force.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "11/12/2008", "year": "2008", "json_url": "/data/legal/docs/norm-64573.json", "html_url": "/legal/doc/norm-64573", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=64573&nValor3=93396&strTipM=TC" }, { "id": "norm-64574", "citation": "Decreto 34959", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to Article 78(6) of the Biodiversity Law", "title_es": "Reglamento al Artículo 78, Inciso 6) de la Ley de Biodiversidad", "summary_en": "This executive decree aimed to regulate Article 78(6) of the Biodiversity Law, which sets out exceptions to patentability for inventions related to biodiversity. It sought to develop criteria to protect traditional knowledge and ensure equitable benefit-sharing, in line with the Convention on Biological Diversity and the TRIPS Agreement. However, the Constitutional Chamber struck down the entire decree through ruling 18147-12 of December 14, 2012, rendering it legally void. The document reflects an attempt to harmonize domestic legislation with international commitments on intellectual property and biodiversity, but its annulment means the regulatory provisions never came into effective force.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "11/12/2008", "year": "2008", "json_url": "/data/legal/docs/norm-64574.json", "html_url": "/legal/doc/norm-64574", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=64574&nValor3=93457&strTipM=TC" }, { "id": "norm-64626", "citation": "Decreto 34946", "section": "norms", "doc_type": "executive_decree", "title_en": "Zoning Regulation for the Gandoca-Manzanillo National Wildlife Refuge", "title_es": "Reglamento de Zonificación del Refugio Nacional de Vida Silvestre Gandoca-Manzanillo", "summary_en": "This executive decree establishes the official zoning for the Gandoca-Manzanillo National Wildlife Refuge, a mixed-category protected area aiming to balance conservation with sustainable use. It defines fifteen zones —nine terrestrial and six marine-coastal— and details for each the recommended uses, uses allowed under conditions, and prohibited activities, based on technical criteria of land carrying capacity and ecosystem fragility. It comprehensively regulates building densities, maximum lot coverage, setbacks, heights, wastewater treatment, and protection of wetlands, rivers, and the maritime-terrestrial zone. Safeguards for wildlife include wildlife crossings on roads, downward-directed outdoor lighting, and restrictions on motorized vehicles on beaches. The regulation mandates environmental viability (EIA) approval by SETENA for all projects and assigns oversight to the La Amistad Caribe Conservation Area. Its goal is to ensure the preservation of the refuge's natural resources while fostering development compatible with environmental, economic, and social sustainability in the Talamanca canton.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "environmental-law-7554", "forestry-law-7575" ], "date": "06/11/2008", "year": "2008", "json_url": "/data/legal/docs/norm-64626.json", "html_url": "/legal/doc/norm-64626", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=64626&strTipM=TC&nValor3=0" }, { "id": "norm-64631", "citation": "Ley 8689", "section": "norms", "doc_type": "law", "title_en": "Wildlife Conservation Law — Criminal Reform", "title_es": "Ley de Conservación de la Vida Silvestre — Reforma Penal", "summary_en": "This law amends Chapters XI and XII of the Wildlife Conservation Law (No. 7317) to criminalize offenses and contraventions against wild flora and fauna, imposing prison sentences and fines calculated in base salaries. It introduces offenses such as illegal hunting, fishing, trade, importation, and exportation, as well as penalties for damage to wetlands, use of hazardous substances, introduction of exotic species, and pollution of water bodies. Penalties are increased when public officials are involved, and joint liability of legal entities is regulated. It also reforms key definitions like 'wildlife', 'wildlife trade', 'official conservation areas', and 'duly authorized private areas', and details the integration of the Wildlife Fund administered by SINAC. The reform aims to strengthen the criminal protection of biodiversity and ecosystems, establishing a comprehensive and dissuasive sanctioning regime.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "04/12/2008", "year": "2008", "json_url": "/data/legal/docs/norm-64631.json", "html_url": "/legal/doc/norm-64631", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=64631&strTipM=TC&nValor3=0" }, { "id": "norm-64633", "citation": "Ley 8696", "section": "norms", "doc_type": "law", "title_en": "Law 8696 — Partial Reform of the Traffic Law", "title_es": "Ley 8696 — Reforma parcial de la Ley de Tránsito", "summary_en": "Law 8696 partially reforms the Land Public Roads Traffic Law (No. 7331) and related statutes, aiming to modernize traffic penalty regimes and introduce a driver points system. The reform amends the Criminal Procedure Code to exclude traffic-related negligent crimes from private-prosecution public actions, and restructures the Road Safety Council (Cosevi) and the General Directorate of Road Education. It also sets road safety provisions for concession works and infrastructure planning, and includes budgetary authorizations to implement changes such as installing weigh stations and automatic toll payments. Most articles of this law were later repealed by the Land Public Roads Traffic and Road Safety Law (No. 9078 of 2012), though some transitory provisions and operational aspects remain in effect.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/12/2008", "year": "2008", "json_url": "/data/legal/docs/norm-64633.json", "html_url": "/legal/doc/norm-64633", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=64633&strTipM=TC&nValor3=0" }, { "id": "norm-64739", "citation": "Decreto 27998", "section": "norms", "doc_type": "executive_decree", "title_en": "Principle, criteria and indicators for sustainable management of Secondary Forests and forest certification", "title_es": "Principio, criterios e indicadores para el manejo sostenible de Bosques Secundarios y la certificación forestal", "summary_en": "This executive decree establishes definitions, principles, criteria and indicators for the sustainable management of secondary forests and forest certification in Costa Rica. It recognizes that secondary forests have become quantitatively and qualitatively important forest resources requiring management that guarantees their viability and sustainability. It defines secondary forest as land with successional woody vegetation, a minimum area of 0.5 ha, and a density of at least 500 trees per hectare of all species, with a minimum diameter at breast height of 5 cm. The decree adopts Principle 11, complementing the existing Principles 1-9, detailing criteria on regeneration of commercial species, protection of threatened species, maintenance of ecological processes, minimization of impacts on soil and water, pollution control, and detailed requirements for the management plan. The management plan is the central instrument, requiring rigorous technical content, a resource map, a monitoring plan, and the signature of an authorized forestry professional. The decree was repealed by Decree 39952 of 2016.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "22/06/1999", "year": "1999", "json_url": "/data/legal/docs/norm-64739.json", "html_url": "/legal/doc/norm-64739", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=64739&strTipM=TC&nValor3=0" }, { "id": "norm-64772", "citation": "Ley 8702", "section": "norms", "doc_type": "law", "title_en": "Agrochemical Registration Processing Law", "title_es": "Ley de Trámite de Solicitudes de Registro de Agroquímicos", "summary_en": "Law 8702 establishes a special regime for processing pesticide, technical product, and agricultural adjuvant registration applications that were pending prior to the entry into force of Executive Decree No. 33495 (Synthetic Pesticide Regulation). It specifies the sole requirements to be met by these applications, the necessary information and documentation, deadlines for correcting deficiencies, conditions for the protection of test data, and obligations for revalidation of registrations. It emphasizes the State Phytosanitary Service's duty to resolve matters within set timeframes, aiming to regularize pending registrations and ensure that agrochemical products meet efficacy and safety standards for health and the environment.", "primary_topic_id": null, "topic_ids": [], "date": "14/01/2009", "year": "2009", "json_url": "/data/legal/docs/norm-64772.json", "html_url": "/legal/doc/norm-64772", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=64772&strTipM=TC&nValor3=0" }, { "id": "norm-64786", "citation": "Ley 8687", "section": "norms", "doc_type": "law", "title_en": "Judicial Notifications Law", "title_es": "Ley de Notificaciones Judiciales", "summary_en": "This law regulates judicial notifications in Costa Rica, aiming to modernize and improve efficiency through centralization. It establishes notification methods: personal service, designated means (email, fax, locker, court notice boards), certified postal mail, and through a notary public. It defines which rulings require personal notification (e.g., initial complaint or claim transfer). It regulates permanent electronic addresses, automatic notification when no means is designated, and annulment of notifications causing defenselessness. It also addresses notifications to legal entities, abroad, in group-interest proceedings, and complex communications. It repeals several provisions of the Civil Procedure Code and prior laws, and amends Article 243 of the General Public Administration Act to harmonize with these new notification methods.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/12/2008", "year": "2008", "json_url": "/data/legal/docs/norm-64786.json", "html_url": "/legal/doc/norm-64786", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=64786&strTipM=TC&nValor3=0" }, { "id": "norm-64889", "citation": "Ley 1536", "section": "norms", "doc_type": "law", "title_en": "Electoral Code", "title_es": "Código Electoral", "summary_en": "This law, now repealed, was the Electoral Code of Costa Rica from 1952 until its replacement in 2009. It comprehensively regulated electoral matters: defining voters, requirements and impediments to run for President, Vice Presidents, Deputies, Councilors and Trustees; establishing the territorial electoral division and electoral bodies (Supreme Electoral Tribunal, Civil Registry and Electoral Boards). It developed the regime of political parties, their constitution, registration, statutes, candidate designation and oversight. It regulated political propaganda, election calls, voting procedures, scrutiny and allocation of seats through majority and quotient/sub-quotient systems. It also typified a wide range of electoral offenses and sanctions, and regulated state contributions to political party financing through bonds. The document does not address environmental issues; its content is strictly electoral and political.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/12/1952", "year": "1952", "json_url": "/data/legal/docs/norm-64889.json", "html_url": "/legal/doc/norm-64889", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=64889&strTipM=TC&nValor3=0" }, { "id": "norm-64909", "citation": "Ley 8718", "section": "norms", "doc_type": "law", "title_en": "Law Authorizing the Name Change of the Social Protection Board and Distribution of National Lottery Revenues", "title_es": "Ley de Autorización para el Cambio de Nombre de la Junta de Protección Social y Distribución de Rentas de las Loterías Nacionales", "summary_en": "This law changes the name of the old San José Social Protection Board to simply Social Protection Board, defining it as a decentralized entity with exclusivity over lotteries, raffles, and other games of chance in Costa Rica. It establishes its Board of Directors appointed by the Government Council and its management. The core of the regulation is the detailed distribution of net profits from these games: it assigns specific percentages to a wide range of social programs and entities, including preventive health, cancer, HIV-AIDS, disability, drug dependency, children in abandonment or deprived of liberty, older adults, housing, sports, and more. A retirement fund for sellers is created and incentives are granted. Although the law finances many causes, none of the allocations include environmental matters such as conservation, forests, biodiversity, protected areas, climate change, or natural resource management. It is a strictly fiscal and social norm.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/02/2009", "year": "2009", "json_url": "/data/legal/docs/norm-64909.json", "html_url": "/legal/doc/norm-64909", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=64909&strTipM=TC&nValor3=0" }, { "id": "norm-65023", "citation": "Ley 8710", "section": "norms", "doc_type": "law", "title_en": "Amendment to National Registry and Cadastre Laws", "title_es": "Reforma del Registro Nacional y Catastro", "summary_en": "Law 8710 amends the National Registry Creation Law (No. 5695) and the National Cadastre Law (No. 6545). It updates the structure of the National Registry, detailing its constituent registries: the Real Estate Registry (including real property, mortgages, condominiums, maritime zone concessions, tourist marinas, and the National Cadastre), the Legal Entities Registry, the Movable Property Registry, and the Intellectual Property Registries (Industrial Property and Copyright). It also redefines the purpose of the National Cadastre as a unit of the Real Estate Registry and sets professional requirements for its management positions. The law protects the labor rights of affected workers and instructs the Executive Branch to regulate the operations of the Real Estate Registry. This is an organizational statute with no environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/02/2009", "year": "2009", "json_url": "/data/legal/docs/norm-65023.json", "html_url": "/legal/doc/norm-65023", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=65023&strTipM=TC&nValor3=0" }, { "id": "norm-65274", "citation": "Ley 8720", "section": "norms", "doc_type": "law", "title_en": "Victim and Witness Protection Law", "title_es": "Ley de Protección a Víctimas y Testigos", "summary_en": "Law 8720 establishes a comprehensive protection system for victims, witnesses, and other participants in Costa Rican criminal proceedings who face risks to their life, physical integrity, freedom, or safety. It creates the Protection Unit within the Victim Assistance Office of the Public Prosecutor's Office, with technical evaluation and protection teams. It regulates procedural protection measures (identity and physical feature confidentiality) and extra-procedural measures (escort, security, relocation), with clear procedures for application, review, and termination. It incorporates restorative justice principles and specific rights for protected persons, such as psychological, occupational, and medical assistance. Additionally, it introduces significant amendments to the Criminal Procedure Code (expanding victim rights, opportunity criteria, probation, pretrial detention) and to the Criminal Code (new offenses for divulging confidential information and reforms to existing crimes). The law prioritizes confidentiality and inter-institutional collaboration to ensure the safety of protected subjects.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/03/2009", "year": "2009", "json_url": "/data/legal/docs/norm-65274.json", "html_url": "/legal/doc/norm-65274", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=65274&strTipM=TC&nValor3=0" }, { "id": "norm-6530", "citation": "Ley 4755", "section": "norms", "doc_type": "law", "title_en": "Tax Code of Norms and Procedures", "title_es": "Código de Normas y Procedimientos Tributarios", "summary_en": "The Tax Code of Norms and Procedures (Law 4755) establishes the legal framework governing all tax obligations in Costa Rica, including taxes, fees, and special contributions. It defines key concepts such as active and passive subjects, the taxable event, and the means of extinguishing tax obligations (payment, compensation, merger, remission, and statute of limitations). The Code details the formal duties of taxpayers, the auditing powers of the Tax Administration, and procedures for ex officio assessments, imposition of administrative sanctions, and legal remedies. It also classifies crimes against the Public Treasury, such as tax fraud, and sets the corresponding criminal penalties. This is a general law applicable as a supplementary source when specific legislation is lacking.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/05/1971", "year": "1971", "json_url": "/data/legal/docs/norm-6530.json", "html_url": "/legal/doc/norm-6530", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6530&strTipM=TC&nValor3=0" }, { "id": "norm-6544", "citation": "Ley 5394", "section": "norms", "doc_type": "law", "title_en": "Law Creating the Administrative Board of the National Printing Office", "title_es": "Ley de Creación de la Junta Administrativa de la Imprenta Nacional", "summary_en": "This law creates the Administrative Board of the National Printing Office as a decentralized body under the Ministry of Governance, with instrumental legal personality to manage the National Printing Office's resources and assets. Its purposes include protecting and improving Printing Office property, administering a special fund from its revenues, and formulating investment programs. The Board consists of the Minister of Governance, a representative of Culture, and a delegate from Editorial Costa Rica. A special fund is established from Printing Office income to acquire machinery, equipment, and materials, subject to oversight by the Comptroller General. The law authorizes the Board to seek loans and receive donations, set printing fees, and mandates that legislative publications in La Gaceta be free of charge.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/11/1973", "year": "1973", "json_url": "/data/legal/docs/norm-6544.json", "html_url": "/legal/doc/norm-6544", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6544&strTipM=TC&nValor3=0" }, { "id": "norm-65458", "citation": "Decreto 35234", "section": "norms", "doc_type": "executive_decree", "title_en": "Grant of Holiday for Public Employees of San Isidro de Heredia", "title_es": "Concede asueto a los empleados públicos del cantón de San Isidro de Heredia", "summary_en": "This executive decree grants a day off to all public employees working in the canton of San Isidro, Heredia province, on May 15, 2009, on the occasion of the canton's civic celebrations. Services governed by special laws are exempted. The rule delegates to the heads of the Ministry of Public Education, the Ministry of Finance (General Directorate of Customs), and the National Insurance Institute the authority to determine, by internal circular, whether the holiday applies to their respective officials in that canton, in accordance with the Education Code, the General Customs Law, and the Insurance Market Regulatory Law. The decree is effective only for the specified date.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/04/2009", "year": "2009", "json_url": "/data/legal/docs/norm-65458.json", "html_url": "/legal/doc/norm-65458", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=65458&strTipM=TC&nValor3=0" }, { "id": "norm-6549", "citation": "Ley 4558", "section": "norms", "doc_type": "law", "title_en": "Tourism Development Law for the Maritime-Terrestrial Zone", "title_es": "Ley de Urbanización Turística de la Zona Marítimo Terrestre", "summary_en": "This law places the developable or tourism-oriented areas of the maritime-terrestrial zone under municipal domain, to promote and plan their development for recreation, tourism, and housing. It outlines a procedure for the Costa Rican Tourism Board (ICT) to declare zones as touristic and for the National Housing and Urban Development Institute (INVU) to prepare urban plans. It sets rules on leasing and sale of lots: the first 50 meters from the ordinary high tide are inalienable and for public use, while the remaining 150 meters inland may be leased for residences (up to 1 ha and 25 m of beach front) or for hotels, restaurants, and recreation centers, with contracts renewable up to a maximum of 10 years and an option to purchase. It prohibits non-tourism industries, conditions sales on construction within five years, and distributes municipal income (25 % to ICT, 25 % to ITCO, 50 % to local works). The law was repealed in 1977 by Law 6043.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "property-and-titling", "subdivision-fraccionamiento" ], "date": "22/04/1970", "year": "1970", "json_url": "/data/legal/docs/norm-6549.json", "html_url": "/legal/doc/norm-6549", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6549&strTipM=TC&nValor3=0" }, { "id": "norm-65560", "citation": "Decreto 35271", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Drilling Permits and Water Concessions for Self-Supply in Condominiums", "title_es": "Reglamento para el Permiso de Perforación y Concesión de Agua para el Autoabastecimiento en Condominios", "summary_en": "This executive decree sets the procedure for condominiums located in areas without public drinking water supply to obtain drilling permits and water concessions for self-supply. The regulation applies only when the Costa Rican Institute of Aqueducts and Sewers (AyA) or another authorized operator certifies the unavailability of public service. To process the permit, the condominium must meet the general drilling and concession requirements under the Water Law and Decree 43053-MINAE, and submit a letter of water unavailability. Desalination projects are exempted and governed by their own regulation. The concession expires when the public operator is able to supply the condominium directly and the actual connection is made. The well must be drilled in the common area of the condominium, while marine water intakes can be located in the intertidal zone or directly at sea. The rule aims to ensure water access for condominiums without public service, under criteria of rational and sustainable use of water resources.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "13/04/2009", "year": "2009", "json_url": "/data/legal/docs/norm-65560.json", "html_url": "/legal/doc/norm-65560", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=65560&strTipM=TC&nValor3=0" }, { "id": "norm-65723", "citation": "Decreto 35309", "section": "norms", "doc_type": "executive_decree", "title_en": "Swimming Pool Management Regulation", "title_es": "Reglamento sobre Manejo de Piscinas", "summary_en": "This decree regulates the management and use of swimming pools in Costa Rica, focusing on sanitary and safety aspects. It sets requirements for operating permits, construction, operation, water quality, lifeguard presence, facilities for persons with disabilities, and operator obligations. It repeals the previous Public Swimming Pool Management Regulation and applies immediately to water quality parameters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/03/2009", "year": "2009", "json_url": "/data/legal/docs/norm-65723.json", "html_url": "/legal/doc/norm-65723", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=65723&strTipM=TC&nValor3=0" }, { "id": "norm-6581", "citation": "Ley 5395", "section": "norms", "doc_type": "law", "title_en": "General Health Law", "title_es": "Ley General de Salud", "summary_en": "The General Health Law (Law 5395) is a comprehensive regulatory framework that declares the population's health to be a public-interest asset protected by the State. It establishes the rights and duties of individuals concerning personal health, restrictions to protect the health of third parties, and environmental conservation. The law regulates in detail health-science professions, medical care establishments, medications, food, communicable disease control, zoonoses, toxic and hazardous substances, and sanitary conditions for housing, subdivisions, and industrial facilities. It defines the health authorities and their broad powers for inspection, control, and application of special measures such as confiscations, closures, and isolation. It contains a sanctioning regime with crimes against health and violations, including prison sentences and fines. The law empowers the Minister of Health to issue technical standards, declare public health emergencies, and coordinate with other institutions to protect public health. In sum, it is the backbone of Costa Rican health law, with a preventive and control-oriented approach ranging from individual medical care to environmental health.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/10/1973", "year": "1973", "json_url": "/data/legal/docs/norm-6581.json", "html_url": "/legal/doc/norm-6581", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6581&strTipM=TC&nValor3=0" }, { "id": "norm-65903", "citation": "Ley 8754", "section": "norms", "doc_type": "law", "title_en": "Law Against Organized Crime", "title_es": "Ley Contra la Delincuencia Organizada", "summary_en": "The Law Against Organized Crime (No. 8754) defines organized crime as a structured group of two or more persons acting in concert to commit serious crimes, defined as offenses punishable by imprisonment of four years or more. It establishes a special procedural regime for the investigation and prosecution of such crimes, including provisions on the statute of limitations (ten years from the last crime, with specific grounds for interruption and suspension), investigative secrecy, wiretapping, lifting of bank secrecy, and early pre-trial evidence. It creates the Police Information Platform (PIP) as an integrated consultation tool for police and judicial bodies, and the Judicial Communications Interception Center (CJIC) under the Judicial Branch. The law also regulates the seizure, forfeiture, and administration of assets and money derived from criminal activities, with the resulting resources distributed among various state institutions (OIJ, ICD, Judiciary, Public Prosecutor's Office, etc.). It includes a specific chapter on sexual crimes against minors characterized as organized crime, with special rules for the allocation of seized assets to the PANI. The law also incorporates amendments to other criminal and telecommunications laws to strengthen the fight against organized crime.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/07/2009", "year": "2009", "json_url": "/data/legal/docs/norm-65903.json", "html_url": "/legal/doc/norm-65903", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=65903&strTipM=TC&nValor3=0" }, { "id": "norm-66139", "citation": "Ley 8764", "section": "norms", "doc_type": "law", "title_en": "General Migration and Foreigners Law", "title_es": "Ley General de Migración y Extranjería", "summary_en": "The General Migration and Foreigners Law, Law No. 8764, governs the entry, stay, and exit of foreigners in Costa Rica, grounded in the Constitution and human rights treaties. It establishes key bodies such as the General Directorate of Migration and Foreigners, the National Migration Council, the Administrative Migration Tribunal, and the Professional Migration Police. It defines migration categories (permanent residents, temporary residents, non-residents, and special categories), rights and duties of foreigners, and administrative procedures and sanctions including deportation and expulsion. Moreover, it criminalizes human smuggling and creates special funds for migration management. Its central focus is managing migration flows, social integration, and public security, while emphasizing human rights protection and inter-institutional coordination.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/08/2009", "year": "2009", "json_url": "/data/legal/docs/norm-66139.json", "html_url": "/legal/doc/norm-66139", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=66139&strTipM=TC&nValor3=0" }, { "id": "norm-66148", "citation": "Ley 8765", "section": "norms", "doc_type": "law", "title_en": "Electoral Code", "title_es": "Código Electoral", "summary_en": "The Electoral Code (Law 8765) comprehensively regulates electoral matters in Costa Rica. It defines guiding principles such as gender parity and alternation, establishes the hierarchy of norms led by the Constitution, and organizes electoral bodies, mainly the Supreme Electoral Tribunal (TSE). It details the constitution, registration, organization, and functioning of political parties, including their financial regime with state contributions and private financing, propaganda and polling regulations, and the electoral process from preparation to voting and counting. It also covers electoral jurisdiction exercised by the TSE, including the electoral amparo remedy. The Code focuses on political-electoral matters and does not address environmental, land-use, or natural resource protection issues, placing it outside this specialized database's scope.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/08/2009", "year": "2009", "json_url": "/data/legal/docs/norm-66148.json", "html_url": "/legal/doc/norm-66148", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=66148&strTipM=TC&nValor3=0" }, { "id": "norm-66149", "citation": "Decreto 6112", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of Protective Zones Caraigres, Carpintera, Tiribí, Escazú and Atenas", "title_es": "Creación de Zonas Protectoras Caraigres, Carpintera, Tiribí, Escazú y Atenas", "summary_en": "This executive decree establishes six protective zones in and around the Greater Metropolitan Area to ensure forest cover preservation and water resource protection: Caraigres, Cerro de la Carpintera, Río Tiribí, Cerros de Escazú, El Rodeo, Río Grande, and Cerro Atenas, covering approximately 14,800 hectares. The zones are delimited by National Geographic Institute cartographic coordinates. The General Forestry Directorate provides advice on demarcation, surveillance, and natural resource management. Properties registered in the name of the State and intended for forest protection become part of the protective zones, while unregistered properties serving that function are to be registered in the name of the State. Sinalevi notes indicate that the El Rodeo Protective Zone has a history of repeal and subsequent unapplied reinstatement, and that the area reduction of the Cerro de la Carpintera Protective Zone was annulled by the Constitutional Chamber in 2019, leaving only the expansion in force.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "23/06/1976", "year": "1976", "json_url": "/data/legal/docs/norm-66149.json", "html_url": "/legal/doc/norm-66149", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=66149&strTipM=TC&nValor3=0" }, { "id": "norm-66438", "citation": "Ley 8771", "section": "norms", "doc_type": "law", "title_en": "Law 8771 — Ministry of Justice and Peace", "title_es": "Ley 8771 — Ministerio de Justicia y Paz", "summary_en": "Law 8771 amends Organic Law No. 6739 of the Ministry of Justice to rename it the Ministry of Justice and Peace, and creates the National System for Promoting Peace and Citizen Coexistence. It is an administrative reform that adds new functions to the ministry, including promoting peace plans, supporting violence prevention regarding firearms, promoting alternative dispute resolution, and encouraging citizen participation. Article 1 reforms the title and text to substitute the previous name. A new subsection c) is added to Article 3, establishing the National System for Promoting Social Peace with specific directorates and commissions. Functions are also added to Article 7. The law does not address environmental, natural resource, or land-use matters; its scope is limited to the organic structure of the Ministry of Justice and the promotion of social peace. It will take effect six months after publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/09/2009", "year": "2009", "json_url": "/data/legal/docs/norm-66438.json", "html_url": "/legal/doc/norm-66438", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=66438&strTipM=TC&nValor3=0" }, { "id": "norm-66525", "citation": "Ley 7410", "section": "norms", "doc_type": "law", "title_en": "General Police Law", "title_es": "Ley General de Policía", "summary_en": "Costa Rica's General Police Law (No. 7410) establishes the legal framework for the nation's police forces, guaranteeing public security under civilian authority. It creates the police structure, including the Civil Guard, Rural Assistance Guard, Border Police, Immigration Police, Fiscal Control Police, State Security Directorate, Traffic Police, Penitentiary Police, School and Childhood Police, Air Surveillance Service, and other specialized units. The law defines their competencies, powers, and operating principles, mandating respect for human rights, minimal use of force, and political neutrality. It also creates the National Public Security Council to set general policies and regulates police officers' recruitment, promotion, duties, rights, and disciplinary regime through a Police Statute, including salary incentives and job security. The law repeals prior legislation and the section on private security services, which was later regulated by a separate statute.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/05/1994", "year": "1994", "json_url": "/data/legal/docs/norm-66525.json", "html_url": "/legal/doc/norm-66525", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=66525&strTipM=TC&nValor3=0" }, { "id": "norm-66583", "citation": "Ley 8776", "section": "norms", "doc_type": "law", "title_en": "ASADA Exemption Law", "title_es": "Ley de Exoneración a las ASADAS", "summary_en": "Law 8776 exempts Community Water and Sewer Management Associations (ASADAs) that have a delegation agreement with AyA from payment of VAT, real estate tax, stamps, fees, environmental canon, discharge canon, Aresep regulatory canon, selective consumption tax, and import taxes on vehicles, equipment and work materials. Its purpose is to strengthen their financing and facilitate procurement of goods and services for operational management of community water and sewer systems. Management by these associations is declared of public utility and interest. The law is currently in force.", "primary_topic_id": null, "topic_ids": [ "water-law", "_off-topic" ], "date": "14/10/2009", "year": "2009", "json_url": "/data/legal/docs/norm-66583.json", "html_url": "/legal/doc/norm-66583", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=66583&strTipM=TC&nValor3=0" }, { "id": "norm-66737", "citation": "Decreto 35542", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the Regional Council of the Cocos Island Marine Conservation Area", "title_es": "Reglamento del Consejo Regional del Área de Conservación Marina Isla del Coco", "summary_en": "This decree establishes the structure and operation of the Regional Council of the Cocos Island Marine Conservation Area (ACMIC), pursuant to Biodiversity Law No. 7788. The Council is composed of representatives from public institutions, municipalities, NGOs, and community organizations within the area's influence, aiming to integrate sectors for natural resource conservation and socio-cultural development. It details its bodies: General Assembly, Board of Directors, Oversight Office, and Executive Secretariat. The Assembly meets every two years to elect the Board and approve reports. The Board, with seven members, is renewed every four years and its key functions include approving policies, budgets, strategies for the area, proposing a shortlist for the ACMIC Director, and deciding on service concessions under Article 39 of the Biodiversity Law. The Oversight Officer ensures proper administration, and the Executive Secretariat, held by the ACMIC Director, manages convocations and minutes.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "29/07/2009", "year": "2009", "json_url": "/data/legal/docs/norm-66737.json", "html_url": "/legal/doc/norm-66737", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=66737&strTipM=TC&nValor3=0" }, { "id": "norm-66973", "citation": "Decreto 35669", "section": "norms", "doc_type": "executive_decree", "title_en": "Organic Regulation of MINAE", "title_es": "Reglamento Orgánico del MINAE", "summary_en": "Executive Decree 35669-MINAET, issued in 2009, establishes the organic structure and functions of the Ministry of Environment and Energy (MINAE) and its attached bodies. It defines the hierarchical organization into three Vice-Ministries: Environment, Energy, and Telecommunications, detailing the competencies of each unit, such as the Water Directorate, SETENA, TAA, SINAC, among others. It incorporates decentralized bodies and internal commissions, and regulates administrative aspects like the police authority of its officials and progressive regionalization. It also repeals previous regulations and orders amendments to other decrees, consolidating MINAE as the lead agency for the environment and energy sector in line with the National Development Plan.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "04/12/2009", "year": "2009", "json_url": "/data/legal/docs/norm-66973.json", "html_url": "/legal/doc/norm-66973", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=66973&strTipM=TC&nValor3=0" }, { "id": "norm-67099", "citation": "Ley 8794", "section": "norms", "doc_type": "law", "title_en": "Amendment to the Free Zone Regime Law No. 7210", "title_es": "Reforma a la Ley de Régimen de Zonas Francas N.° 7210", "summary_en": "This law amends the Free Zone Regime Law No. 7210 of 1990, modernizing incentives and requirements for companies operating under this regime. It introduces new categories of enterprises, such as processing industries that may or may not export, and establishes a differentiated tax exemption scheme based on geographic location (inside or outside the Extended Greater Metropolitan Area - GAMA). It creates additional benefits for companies locating outside GAMA or making significant investments. The reform also includes provisions to align incentives with international commitments under the World Trade Organization, setting timelines for phasing out certain export subsidies. Furthermore, it empowers the Foreign Trade Promotion Agency (PROCOMER) to administer a single-window investment system and prioritizes the development of investment poles in peripheral regions such as Limón, Puntarenas, Guanacaste, Brunca Region, and Huetar Norte.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/01/2010", "year": "2010", "json_url": "/data/legal/docs/norm-67099.json", "html_url": "/legal/doc/norm-67099", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=67099&strTipM=TC&nValor3=0" }, { "id": "norm-67312", "citation": "Decreto 35762", "section": "norms", "doc_type": "executive_decree", "title_en": "Decree 35762 — PSA Hectares for 2010", "title_es": "Decreto 35762 — Hectáreas para PSA 2010", "summary_en": "Executive Decree 35762-MINAET sets the annual coverage targets and maximum payment amounts per hectare (or per tree in agroforestry systems) for Costa Rica's Payment for Environmental Services (PES) Program during 2010. The decree allocates available hectares by modality: reforestation (3,916 ha), natural regeneration (1,000 ha under CDM and 500 additional ha), forest protection (16,828 ha, including 1,000 ha in conservation gaps), and agroforestry systems (600,000 trees). It also defines the dollar amounts per hectare for each category, ranging from $205 for natural regeneration outside Kyoto areas to $980 for reforestation. Additionally, it establishes priority areas for processing applications, contract terms, and the deferred-disbursement schedule. It grants FONAFIFO the authority to redistribute hectares based on application supply as long as authorized total resources are not exceeded, and authorizes modifying prior-year contracts to shift reforestation projects from 10-year to 5-year payment periods.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "04/12/2009", "year": "2009", "json_url": "/data/legal/docs/norm-67312.json", "html_url": "/legal/doc/norm-67312", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=67312&strTipM=TC&nValor3=0" }, { "id": "norm-67623", "citation": "Decreto 35860", "section": "norms", "doc_type": "executive_decree", "title_en": "Visual Pollution Prevention Regulation", "title_es": "Reglamento para la prevención de la contaminación visual", "summary_en": "This regulation, issued in compliance with a Constitutional Court ruling, establishes general technical guidelines for evaluating and preventing visual pollution in Costa Rica. It is based on the Environmental Organic Law and defines visual pollution as actions, works, or installations that exceed maximum allowable limits set by technical standards, harming the landscape temporarily or permanently. Its scope applies to activities, works, or projects in the design phase when there is no approved cantonal regulatory plan with an environmental component. It also refers to other decrees for placing billboards and advertising in rights-of-way, and requires municipalities to incorporate these provisions into their regulatory plans. The regulation does not set specific quantitative restrictions but delegates the prevention of visual impact to environmental guides and local planning, empowering environmental control authorities to monitor compliance and impose sanctions under the Environmental Organic Law.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "environmental-law-7554" ], "date": "26/02/2010", "year": "2010", "json_url": "/data/legal/docs/norm-67623.json", "html_url": "/legal/doc/norm-67623", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=67623&strTipM=TC&nValor3=0" }, { "id": "norm-6767", "citation": "Ley 4795", "section": "norms", "doc_type": "law", "title_en": "Extradition Law", "title_es": "Ley de Extradición", "summary_en": "Extradition Law No. 4795 establishes the conditions, procedure, and effects of extradition in the absence of international treaties, also applying to aspects not covered by treaties. It applies to individuals prosecuted or convicted for crimes committed outside national territory as perpetrators, accomplices, or accessories. The law details cases where extradition will not be offered or granted, including absolute prohibitions such as the inability to extradite Costa Ricans by birth or naturalization, except for exceptions reformed in 2025 for crimes of international drug trafficking or terrorism. Extradition is also excluded for political crimes, when the sentence is less than one year of imprisonment, if there is res judicata, statute of limitations, or if the crime was not committed in the requesting State (with exception for transnational bribery). The decision-making power lies with the Judiciary, with the Executive intervening for communications. The law regulates provisional detention, formal proceedings before the criminal court, including the option to waive formal process if the requested person consents. It also provides rules of preference among multiple requests and prohibits double extradition for the same crime.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/07/1971", "year": "1971", "json_url": "/data/legal/docs/norm-6767.json", "html_url": "/legal/doc/norm-6767", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6767&strTipM=TC&nValor3=0" }, { "id": "norm-67673", "citation": "Decreto 35803", "section": "norms", "doc_type": "executive_decree", "title_en": "Technical Criteria for the Identification, Classification and Conservation of Wetlands", "title_es": "Criterios Técnicos para la Identificación, Clasificación y Conservación de Humedales", "summary_en": "This executive decree, issued jointly by the President of the Republic and the Minister of Environment, Energy and Telecommunications, sets forth the mandatory technical criteria for the identification, classification and conservation of wetland ecosystems in Costa Rica, in compliance with national legislation and international commitments such as the RAMSAR Convention. The decree affirms that all wetlands —whether or not formally declared by decree— must be protected by MINAET/SINAC, although only those that form part of the State’s Natural Heritage are subject to direct administration by SINAC. It provides that inland and marine wetland ecosystems are part of said heritage, classifies wetlands according to the RAMSAR system (riverine, estuarine, marine, lacustrine, palustrine), establishes the defining ecological parameters (hydrophytic vegetation, hydric soils, wetland hydrology) and mandates their cartographic delimitation with registration in the official wetland catalogue. It was repealed in 2022 by Executive Decree No. 42760.", "primary_topic_id": "water-law", "topic_ids": [ "biodiversity-law-7788", "wildlife-law-7317", "water-law" ], "date": "07/01/2010", "year": "2010", "json_url": "/data/legal/docs/norm-67673.json", "html_url": "/legal/doc/norm-67673", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=67673&strTipM=TC&nValor3=0" }, { "id": "norm-67762", "citation": "Decreto 35869", "section": "norms", "doc_type": "executive_decree", "title_en": "Manual for the Classification of Lands Dedicated to the Conservation of Natural Resources Within the Maritime Terrestrial Zone", "title_es": "Manual para la Clasificación de Tierras Dedicadas a la Conservación de los Recursos Naturales Dentro de la Zona Marítimo Terrestre", "summary_en": "This executive decree establishes the technical manual for classifying and delimiting lands that form the State Natural Heritage (forests, wetlands, and protection areas) within the Maritime Terrestrial Zone (MTZ) in Costa Rica. The manual details procedures for identifying ecosystems such as forests, mangroves, estuaries, coastal lagoons, and protection zones under Article 33 of the Forestry Law and Article 31 of the Water Law, using field sampling, GPS, and geographic information systems. Classification is carried out by SINAC or accredited private professionals and is a mandatory input for the approval of Coastal Regulatory Plans before ICT and INVU, in order to exclude those areas from the concessions regime. It also regulates the registration of these lands in the Property Registry and repeals the previous manual (Decree 34295).", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575", "property-and-titling", "subdivision-fraccionamiento" ], "date": "24/03/2010", "year": "2010", "json_url": "/data/legal/docs/norm-67762.json", "html_url": "/legal/doc/norm-67762", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=67762&strTipM=TC&nValor3=0" }, { "id": "norm-67772", "citation": "Decreto 35931", "section": "norms", "doc_type": "executive_decree", "title_en": "Special Law for Titling of Housing in Precarious Settlements Regulation", "title_es": "Reglamento de la Ley Especial para Titulación de Vivienda en Precarios", "summary_en": "Decree 35931 regulates Law 8680 (Special Law for Titling of Housing in Precarious Settlements), establishing the operational framework for BANHVI to accept donations of public lands occupied by squatters and proceed with titling. It defines prior requirements such as verifying that the properties are not in protected areas, state natural heritage, indigenous reserves, water protection zones, or affect public use; it also requires SETENA environmental viability and a buildability report. It details parameters for identifying and prioritizing precarious settlements, rules for relocating families from non-intervenable areas (including human rights and sustainable development criteria), and refers to the National Housing Financial System Law regarding beneficiary eligibility and use of the Housing Family Bond.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/03/2010", "year": "2010", "json_url": "/data/legal/docs/norm-67772.json", "html_url": "/legal/doc/norm-67772", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=67772&strTipM=TC&nValor3=0" }, { "id": "norm-67785", "citation": "Decreto 35868", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of Article 18 of the Forestry Law on activities on State Natural Heritage", "title_es": "Reglamento del artículo 18 de la Ley Forestal sobre actividades en Patrimonio Natural del Estado", "summary_en": "This executive decree regulates Article 18 of Forestry Law No. 7575, which allows the State to conduct or authorize research, training, and ecotourism activities within the State Natural Heritage. It defines the types of activities permitted both inside and outside Protected Wild Areas, establishes a detailed procedure for obtaining use permits, and sets requirements such as presenting a specific project and environmental viability from SETENA. It also modifies definitions in the Forestry Law Regulation and stipulates that permits are precarious, non-transferable, and subject to an annual fee. It gives priority to certain pre-existing occupants and concessionaires in the Maritime-Terrestrial Zone.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "property-and-titling", "forestry-law-7575", "environmental-law-7554" ], "date": "24/03/2010", "year": "2010", "json_url": "/data/legal/docs/norm-67785.json", "html_url": "/legal/doc/norm-67785", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=67785&strTipM=TC&nValor3=0" }, { "id": "norm-67876", "citation": "Decreto 35883", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Article 36 and Addition to Article 2 of the Forestry Law Regulation on Intervention in Private Forest", "title_es": "Modificación del artículo 36 y adición al artículo 2 del Reglamento a la Ley Forestal sobre intervención en bosque privado", "summary_en": "This Executive Decree amends the Forestry Law Regulation to clarify the procedure for authorizing interventions in private forests under Article 19 of Forestry Law 7575. It establishes that the State Forestry Administration (AFE) may authorize the use of up to 10% of a property's forest area for infrastructure such as housing, ecotourism, and similar improvements, based on criteria of proportionality and reasonableness. It requires an environmental viability permit from SETENA, a forest inventory, and imposes a registry annotation preventing further interventions on the same land after segregation. It also formally defines these criteria and tasks the AFE with oversight through a special permit registry system.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "05/04/2010", "year": "2010", "json_url": "/data/legal/docs/norm-67876.json", "html_url": "/legal/doc/norm-67876", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=67876&strTipM=TC&nValor3=0" }, { "id": "norm-67877", "citation": "Decreto 35884", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Subsoil Drilling for Groundwater Exploration and Exploitation", "title_es": "Reglamento de Perforación del Subsuelo para la Exploración y Aprovechamiento de Aguas Subterráneas", "summary_en": "This now-repealed executive decree regulated subsoil drilling for groundwater exploration and exploitation in Costa Rica. It established a licensing regime for drilling companies, requirements for drilling permits, and procedures for water concessions. The regulation incorporated technical criteria such as saline intrusion studies and inter-well interference analyses, and defined aquifer regulation and reserve zones. It mandated inter-institutional coordination among MINAET, AyA, and SENARA, and imposed sanctions—including well closure and referral to the Environmental Prosecutor—for illegal drilling or non-compliance. Its objective was to ensure integrated management of groundwater resources, protecting aquifers and public water supply.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "07/03/2010", "year": "2010", "json_url": "/data/legal/docs/norm-67877.json", "html_url": "/legal/doc/norm-67877", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=67877&strTipM=TC&nValor3=0" }, { "id": "norm-6789", "citation": "Ley 7017", "section": "norms", "doc_type": "law", "title_en": "Central American Import Tariff Law", "title_es": "Ley del Arancel Centroamericano de Importación", "summary_en": "Law 7017 ratifies Annex A of the Central American Tariff and Customs Regime Convention, establishing the Central American Import Tariff. This tariff is the legal instrument determining the import duties (DAI) applicable to all goods entering the Central American customs territory, classified under the Central American Tariff System (SAC), based on the Harmonized Commodity Description and Coding System. It includes general rules for the interpretation of the SAC, a table of contents by sections and chapters, and numerical codes with their descriptions and DAI percentages. This law is fundamental for foreign trade, defining the nomenclature and tax burden for agricultural, livestock, fishery, forestry, mineral, and industrial products, including wood, charcoal, live animals, and products of the plant and animal kingdoms across its various chapters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/12/1985", "year": "1985", "json_url": "/data/legal/docs/norm-6789.json", "html_url": "/legal/doc/norm-6789", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6789&strTipM=TC&nValor3=0" }, { "id": "norm-68022", "citation": "Ley 8823", "section": "norms", "doc_type": "law", "title_en": "Reform of Various Laws on the Comptroller General's Participation for Simplification and Strengthening of Public Management", "title_es": "Reforma de varias leyes sobre la participación de la Contraloría General de la República para la simplificación y el fortalecimiento de la gestión pública", "summary_en": "This 2010 law introduces targeted amendments to 49 existing statutes and repeals specific articles in 7 others, aiming to simplify procedures and strengthen public management by limiting or eliminating prior approvals, authorizations, and oversight by the Comptroller General's Office (CGR) across multiple entities. Changes range from the operation of autonomous institutions and public procurement to management of public funds by private entities and fee-setting by ARESEP. The reform seeks to streamline state action by reducing external controls, shifting oversight duties to the administrations themselves or sectoral bodies, and eliminating regulatory redundancies. The law does not address environmental matters directly; it is a cross-cutting reform of Costa Rican public administration affecting internal governance of various entities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/05/2010", "year": "2010", "json_url": "/data/legal/docs/norm-68022.json", "html_url": "/legal/doc/norm-68022", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=68022&strTipM=TC&nValor3=0" }, { "id": "norm-68077", "citation": "Ley 8837", "section": "norms", "doc_type": "law", "title_en": "Creation of the Sentence Appeal in Criminal Procedure", "title_es": "Creación del Recurso de Apelación de la Sentencia en el Proceso Penal", "summary_en": "This law reforms the Criminal Procedure Code (Law 7594) and other procedural statutes to create the sentence appeal and restructure the criminal appeals system. It establishes a sentence appeals court that comprehensively reviews trial judgments for disagreement with facts, evidence, legal reasoning, or sentencing. It regulates the procedure, admissibility, oral hearing, and effects of annulment. It also redefines cassation, limiting it to errors of law and contradictory precedents. The reform adjusts the juvenile criminal jurisdiction and the execution of sanctions, and introduces rules of orality. Its objective is to guarantee the right to a double judicial review, in compliance with international human rights standards, such as Article 8.2.h of the American Convention. The law came into force 18 months after its publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/05/2010", "year": "2010", "json_url": "/data/legal/docs/norm-68077.json", "html_url": "/legal/doc/norm-68077", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=68077&strTipM=TC&nValor3=0" }, { "id": "norm-68198", "citation": "Decreto 36046", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Regulation on Regulatory Improvement Programs and Procedure Simplification", "title_es": "Reforma al Reglamento sobre Programas de Mejora Regulatoria y Simplificación de Trámites", "summary_en": "This executive decree amends the Regulation on Regulatory Improvement and Procedure Simplification Programs within the Public Administration (Decree 33678-MP-MEIC of 2007). The modifications require institutional heads to submit biannual progress reports to the Ministry of Economy, Industry and Commerce (MEIC), appoint vice-ministers as simplification officers, and keep an updated inventory of procedures in the National Electronic Catalogue, reviewing it every two years to eliminate or improve procedures. The MEIC, as the governing body, will ensure compliance and report to the Presidential Council on Competitiveness and Innovation. It is grounded on the Citizen Protection against Excessive Administrative Requirements Law (Law 8220) and the Competition Promotion Law (Law 7472), aiming to prevent state regulations from becoming administrative obstacles and to ensure principles of rationality, speed, and transparency in public management.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/06/2010", "year": "2010", "json_url": "/data/legal/docs/norm-68198.json", "html_url": "/legal/doc/norm-68198", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=68198&strTipM=TC&nValor3=0" }, { "id": "norm-68226", "citation": "Ley 8803", "section": "norms", "doc_type": "law", "title_en": "Law to Regulate the Las Tablillas Border Post", "title_es": "Ley para Regular el Puesto Fronterizo Las Tablillas", "summary_en": "This law segregated an area of 121,237.23 m² from the Corredor Fronterizo National Wildlife Refuge to allocate it for the installation and operation of a border post on the Nicaraguan border. The segregated area consists of two lots with specific coordinates and is placed under the administration of the Municipality of Los Chiles. It authorizes the Executive Branch to establish a customs and immigration post and allows the municipality and other public institutions to transfer use and usufruct rights to trusts for infrastructure construction. MINAET was required to demarcate the boundaries to protect the remaining refuge area. The law was annulled by the Constitutional Chamber in ruling 2019-000673 for lacking complete technical studies and compensation measures, urging the Legislative Assembly to approve a new law within 18 months.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "16/04/2010", "year": "2010", "json_url": "/data/legal/docs/norm-68226.json", "html_url": "/legal/doc/norm-68226", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=68226&strTipM=TC&nValor3=0" }, { "id": "norm-6825", "citation": "Ley 1634", "section": "norms", "doc_type": "law", "title_en": "General Drinking Water Law", "title_es": "Ley General de Agua Potable", "summary_en": "The General Drinking Water Law (Law No. 1634) declares the planning, design and execution of drinking water supply works to be of public utility. It establishes that the lands required for these systems are public domain and allocates competencies: the Ministry of Public Health is responsible for selecting and locating water sources, the type of treatment, and sanitary recommendations; the Ministry of Public Works is in charge of constructing new systems and repairs when municipalities lack the technical or administrative capacity. Municipalities administer the systems under their jurisdiction, must follow the technical recommendations of the ministries, and must allocate all water service revenues exclusively to the operation, maintenance and improvement of the supply system. Installations or activities that harm supply sources in zones designated by the ministries are prohibited. The law imposes fines and imprisonment for improper use or waste of potable water and for anyone who disrupts the proper functioning of the supply system.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "18/09/1953", "year": "1953", "json_url": "/data/legal/docs/norm-6825.json", "html_url": "/legal/doc/norm-6825", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6825&strTipM=TC&nValor3=0" }, { "id": "norm-68300", "citation": "Ley 8839", "section": "norms", "doc_type": "law", "title_en": "Integrated Waste Management Law", "title_es": "Ley para la Gestión Integral de Residuos", "summary_en": "This law establishes the legal framework for integrated waste management in Costa Rica, aiming to protect public health and the environment. It defines a management hierarchy prioritizing waste prevention, followed by reduction, reuse, valorization, treatment, and final disposal. It introduces principles of gradualism, shared and extended producer responsibility, and the precautionary principle. The Ministry of Health is designated as the lead authority, while municipalities are responsible for waste management in their cantons, including selective collection, setting fees, and preventing illegal dumps. It creates an Integrated Waste Management Fund, mandates municipal plans and waste management programs for generators, and regulates transboundary movement of waste. Additionally, it classifies administrative offenses as minor, serious, and very serious, and establishes crimes such as illegal trafficking and unlawful disposal of hazardous waste, with penalties including fines, business closures, and prison sentences.", "primary_topic_id": null, "topic_ids": [], "date": "24/06/2010", "year": "2010", "json_url": "/data/legal/docs/norm-68300.json", "html_url": "/legal/doc/norm-68300", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=68300&strTipM=TC&nValor3=0" }, { "id": "norm-68324", "citation": "Ley 218-A", "section": "norms", "doc_type": "law", "title_en": "Associations Law", "title_es": "Ley de Asociaciones", "summary_en": "This law, enacted in 1939, establishes the legal framework for the formation and operation of associations in Costa Rica. The document consists of three articles: the first incorporates the so-called 'Associations Law' with its own articles; the second amends subsection 5 of article 466 of the Civil Code to include public instruments for the constitution or representation of associations, civil societies, and public corporations; and the third provides for its entry into force upon publication. It contains no substantive provisions on environmental matters, being a civil and corporate law norm.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/1939", "year": "1939", "json_url": "/data/legal/docs/norm-68324.json", "html_url": "/legal/doc/norm-68324", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=68324&strTipM=TC&nValor3=0" }, { "id": "norm-68527", "citation": "Ley 4545", "section": "norms", "doc_type": "law", "title_en": "Possessory Information Law", "title_es": "Ley de Informaciones Posesorias", "summary_en": "This repealed law established an administrative procedure before the Instituto de Tierras y Colonización (ITCO) for possessors of real estate acting as owners, without registrable title, to obtain titling by proving a decade of continuous, peaceful, and good-faith possession. It regulated requirements such as submitting plans, witnesses, and public documents for registration in the Public Registry, setting maximum titling areas (300 hectares) and specific conditions for agricultural and livestock properties. It included provisions for third-party opposition, reservations for roads, waters, and forests, and protection of endangered species. The law was repealed by Law No. 6237 of 1978 and again by the Agrarian Jurisdiction Law No. 6734 of 1982.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "20/03/1970", "year": "1970", "json_url": "/data/legal/docs/norm-68527.json", "html_url": "/legal/doc/norm-68527", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=68527&strTipM=TC&nValor3=0" }, { "id": "norm-68954", "citation": "Decreto 36226", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Interest Declaration for the Southern International Airport", "title_es": "Declaratoria de Interés Público del Aeropuerto Internacional del Sur", "summary_en": "Executive Decree 36226-MOPT of October 16, 2010, declares all actions necessary to analyze and eventually build an international airport in Costa Rica's Southern Zone, called \"Southern International Airport,\" to be in the public interest. It is based on tourism growth and the need to improve transportation infrastructure in the region. The decree entrusts the Civil Aviation Technical Council (CETAC) with feasibility studies, including environmental and environmental impact assessments, and authorizes the collaboration of the entire Public Administration. It also instructs the State Forestry Administration to promptly process requests for clearing land needed for the project, in compliance with applicable regulations. Although the decree does not directly order construction, it lays the administrative groundwork for its possible execution, identifying specific properties that could be affected.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575" ], "date": "16/10/2010", "year": "2010", "json_url": "/data/legal/docs/norm-68954.json", "html_url": "/legal/doc/norm-68954", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=68954&strTipM=TC&nValor3=0" }, { "id": "norm-69350", "citation": "Ley 8901", "section": "norms", "doc_type": "law", "title_en": "Gender Parity in Boards Law", "title_es": "Ley de Paridad en Juntas Directivas", "summary_en": "This law amends several Costa Rican statutes to require that boards of civil associations, solidarity associations, unions, and community development associations are composed with equal representation of both sexes. It stipulates that in odd-numbered boards, the difference between the total number of men and women cannot exceed one. The measure applies to boards of associations under Law 218, solidarity associations under Law 6970, unions under the Labor Code, and community development associations under Law 3859. The Constitutional Chamber conditioned its constitutionality on a progressive interpretation, respecting ideological freedom and the actual composition of each association.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2010", "year": "2010", "json_url": "/data/legal/docs/norm-69350.json", "html_url": "/legal/doc/norm-69350", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69350&strTipM=TC&nValor3=0" }, { "id": "norm-69365", "citation": "Acuerdo 0 (Instituto de Desarrollo Agrario, 05/01/2011)", "section": "norms", "doc_type": "agreement", "title_en": "Zonal Value Update for the Talamanca Border Strip", "title_es": "Actualización valores zonales Franja Fronteriza Talamanca", "summary_en": "This agreement by the Agricultural Development Institute (IDA) approves a partial update of zonal land values within the Talamanca Border Strip, specifically in the 2 km inalienable zone along the border with Panama, in the districts of Sixaola and Bratsi, canton of Talamanca. The measure addresses the need to adjust land valuation for lease calculation in four defined sectors (A, B, C, and D), in accordance with the IDA's Leasing Regulations. A table details the values per sector. Additionally, it amends a prior edict published in La Gaceta 229 on November 25, 2010, by eliminating its section 3. The agreement was issued by the Huetar Atlántica Regional Office in compliance with an order from the Board of Directors at session 031-2010 held on September 27, 2010.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-69365.json", "html_url": "/legal/doc/norm-69365", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69365&strTipM=TC&nValor3=0" }, { "id": "norm-69553", "citation": "Decreto 36372", "section": "norms", "doc_type": "executive_decree", "title_en": "Reduction of sulfur in diesel to 0.005%", "title_es": "Reducción de azufre en el diésel al 0.005%", "summary_en": "This executive decree reduces the maximum sulfur content in diesel (except for thermal power generation) from 0.05% to 0.005% mass/mass, aiming to cut sulfur oxide emissions that contribute to acid rain and affect public health. It aligns with the 2011-2014 National Development Plan and MINAET's energy policy of producing clean, environmentally friendly energy. The measure also addresses the need for better performance of catalytic converters in modern diesel vehicles. It repeals Article 1 of Decree 30690-MINAE, which set the previous limit, and instructs RECOPE to comply with diesel quality specifications under the Central American Technical Regulation, but with the new sulfur limit. Effective upon publication.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "19/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-69553.json", "html_url": "/legal/doc/norm-69553", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69553&strTipM=TC&nValor3=0" }, { "id": "norm-69614", "citation": "Ley 8904", "section": "norms", "doc_type": "law", "title_en": "Law Declaring Costa Rica a Country Free of Open-Pit Metal Mining", "title_es": "Ley para declarar a Costa Rica país libre de minería metálica a cielo abierto", "summary_en": "This law amends the Mining Code (Law 6797) to ban the exploration and exploitation of open-pit metal mining throughout the national territory, declaring Costa Rica free of such activity. As an exception, only exploration permits for scientific and research purposes are allowed. It also declares mining reserve zones in Abangares, Osa, and Golfito, freezing those areas in favor of the State. Within these reserves, only permits and concessions may be granted to worker cooperatives for small-scale, artisanal, and coligallero (traditional) mining, under limited-volume criteria and environmental protection. The law prohibits the use of cyanide and mercury in leaching, with transitional provisions for existing mining cooperatives, and sets deadlines for the cancellation of irregular concessions and the issuance of regulations. It is an active norm and a milestone in Costa Rican mining policy.", "primary_topic_id": null, "topic_ids": [], "date": "01/12/2010", "year": "2010", "json_url": "/data/legal/docs/norm-69614.json", "html_url": "/legal/doc/norm-69614", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69614&strTipM=TC&nValor3=0" }, { "id": "norm-6963", "citation": "Ley 5915", "section": "norms", "doc_type": "law", "title_en": "Reform to the AyA Constitutive Law", "title_es": "Reforma a la Ley Constitutiva del AyA", "summary_en": "This law reforms and updates the Constitutive Law of the newly created Costa Rican Institute of Aqueducts and Sewers (AyA), established as an autonomous state institution to direct, set policies, plan, finance, and develop everything related to the supply of drinking water, collection and disposal of sewage and liquid industrial waste, and the regulatory aspect of stormwater drainage in urban areas. Key functions include promoting watershed conservation and ecological protection, controlling water pollution, directly managing water and sewer systems, and setting rates based on cost-of-service and distributive social justice, with the possibility of cross-subsidies. It also regulates the composition and operation of its Board of Directors, and establishes that properties and facilities used for these services constitute national patrimony.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "12/07/1976", "year": "1976", "json_url": "/data/legal/docs/norm-6963.json", "html_url": "/legal/doc/norm-6963", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=6963&strTipM=TC&nValor3=0" }, { "id": "norm-69664", "citation": "Resolución 01", "section": "norms", "doc_type": "resolution", "title_en": "Temporary authorization of generic tax exemptions for multilateral environmental agreements", "title_es": "Autorización temporal de exenciones fiscales genéricas para convenios ambientales multilaterales", "summary_en": "The General Directorate of Taxation and the General Directorate of Customs agreed to temporarily allow, until April 10, 2011, the application of generic tax exemption authorizations already transmitted to the TICA system, even if they contain the previous tariff headings. This is because Resolution 250-2010 (COMIECO-LVIII) approved tariff openings for the implementation of Multilateral Environmental Agreements, modifying the headings. Updating each authorization was complex. The measure aims to streamline customs procedures during the transition, without granting new exemptions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-69664.json", "html_url": "/legal/doc/norm-69664", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69664&strTipM=TC&nValor3=0" }, { "id": "norm-69713", "citation": "Circular 12", "section": "norms", "doc_type": "circular", "title_en": "Judiciary Environmental Management Plan 2011-2013", "title_es": "Plan de Gestión Ambiental del Poder Judicial 2011-2013", "summary_en": "Circular 12-2011 approves and implements the first Environmental Management Plan of the Costa Rican Judiciary for the period 2011-2013. The plan establishes an institutional environmental policy promoting sustainable resource use and reduction of environmental impacts across all judicial activities. It structures nine specific environmental programs covering: wastewater, drinking water, vehicle fleet control, natural disaster prevention, energy efficiency, solid waste management, green procurement, environmental legislation review, and citizen participation and training. The document details prior advances such as the Environmental Affairs Commission, the Justice for Nature program (reforestation of 8 hectares at Finca La Soledad with native and endangered species), the Zero Paper program, electronic courts, and the Forensic Environmental Unit. It also identifies pending tasks including creation of a formal environmental office, energy audits, and a carbon footprint mitigation program. The circular orders its dissemination to all judicial offices nationwide.", "primary_topic_id": null, "topic_ids": [], "date": "10/02/2011", "year": "2011", "json_url": "/data/legal/docs/norm-69713.json", "html_url": "/legal/doc/norm-69713", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69713&strTipM=TC&nValor3=0" }, { "id": "norm-69763", "citation": "Decreto 36408", "section": "norms", "doc_type": "executive_decree", "title_en": "Sanitary emergency at Río Azul landfill post-closure due to lack of biogas extraction", "title_es": "Emergencia sanitaria en post cierre del Relleno Sanitario de Río Azul por falta de extracción de biogás", "summary_en": "This executive decree declares a sanitary emergency at the closed Río Azul landfill because biogas extraction has ceased. Based on the General Health Law, the Ministry of Health identifies serious health and environmental risks: explosions, fires, asphyxiation from methane accumulation, leachate seepage, and potential landslides. It was confirmed that the company responsible for extraction was not operating and that there were leaks and inadequate pipe repairs. The decree orders health authorities to issue necessary measures, declares all public actions to solve the problem as being of public and national interest, and allows collaboration from public and private entities. It is grounded in the precautionary principle and the State's duty to protect public health.", "primary_topic_id": null, "topic_ids": [], "date": "07/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-69763.json", "html_url": "/legal/doc/norm-69763", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69763&strTipM=TC&nValor3=0" }, { "id": "norm-69770", "citation": "Decreto 36431", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Interest for the Pococí Environmental Technology Park", "title_es": "Declaratoria de Interés Público del Parque Tecnológico Ambiental de Pococí", "summary_en": "This executive decree, issued by the President of the Republic and the Minister of Health, declares all actions necessary for the acquisition of land, design, financing, construction, operation, and maintenance of the Pococí Environmental Technology Park (PTAP) to be of public and national interest. The declaration is grounded in Articles 50 and 140 of the Political Constitution and the General Health Law, and responds to a feasibility study by the Fundación Pococí Limpio that identified the PTAP as a comprehensive and sustainable solution for the mismanagement of solid waste in the canton. The project aims to implement the recovery and integrated management of ordinary solid waste, incorporating components such as recycling, biogas, vermicompost, forestry plants, and environmental education. The decree allows public and private institutions, NGOs, and international organizations to contribute resources for the successful execution of the project, and instructs public entities to give priority treatment to actions related to it. The declaration does not impose immediate binding obligations but establishes a framework of administrative priority and facilitates the channeling of support toward the project.", "primary_topic_id": null, "topic_ids": [], "date": "25/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-69770.json", "html_url": "/legal/doc/norm-69770", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69770&strTipM=TC&nValor3=0" }, { "id": "norm-69803", "citation": "Decreto 36409", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of the Annual Fee for the College of Agricultural Engineers for Phytosanitary Supervisions", "title_es": "Reforma al canon anual del Colegio de Ingenieros Agrónomos por regencias fitosanitarias", "summary_en": "This executive decree amends Article 3 of Decree 28461-MAG of 1999 to update the annual fees that companies engaged in the import, registration, storage, distribution, repackaging, or mixing of chemical, biological, or similar substances for commercial agricultural use must pay to the College of Agricultural Engineers. The new amounts are set according to previously defined supervisory categories (A, B, D, E, F), with values ranging from ¢50,000 to ¢250,000 annually, replacing those established in 2005. The reform responds to a request from the College's Board of Directors, considering that the last update dated from the end of 2005. Additionally, Executive Decree 32891-MAG, which contained the previous fee schedule, is expressly repealed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-69803.json", "html_url": "/legal/doc/norm-69803", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69803&strTipM=TC&nValor3=0" }, { "id": "norm-69805", "citation": "Decreto 36413", "section": "norms", "doc_type": "executive_decree", "title_en": "Ratification of the Agreement for the Establishment of the Sustainable Tourism Zone of the Caribbean", "title_es": "Ratificación del Convenio para el Establecimiento de la Zona de Turismo Sustentable del Caribe", "summary_en": "This executive decree formally ratifies the Agreement for the Establishment of the Sustainable Tourism Zone of the Caribbean and its Protocol, previously approved by the Legislative Assembly through Law No. 8879. The ratification is carried out by constitutional authority and establishes its immediate entry into force. The agreement aims to promote sustainable tourism in the Caribbean region, integrating environmental, social, and economic criteria for the development of the zone. Although the text of the norm does not specify detailed environmental provisions, its purpose implies the application of sustainability principles and protection of natural resources in tourism activities. The norm is brief and limited to the act of ratification, without developing concrete regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-69805.json", "html_url": "/legal/doc/norm-69805", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69805&strTipM=TC&nValor3=0" }, { "id": "norm-69836", "citation": "Acuerdo 4078", "section": "norms", "doc_type": "agreement", "title_en": "Amendment to Agreement 3748 — Requirements for Well Drilling Permits", "title_es": "Reforma al Acuerdo 3748 — Requisitos para permisos de perforación de pozos", "summary_en": "Agreement 4078 of the SENARA Board of Directors, adopted on January 31, 2011, amends the previous Agreement 3748 to simplify internal procedures for well drilling permits for groundwater exploitation. The amendment establishes that the only requirements will be those already set forth in Executive Decree No. 35884-MINAET, superseding any additional requirements that SENARA may have previously imposed. This measure aligns with the Government's policy of administrative simplification and aims to expedite procedures for applicants. The agreement takes effect upon publication in the Official Gazette and orders immediate implementation by SENARA's administration.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "31/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-69836.json", "html_url": "/legal/doc/norm-69836", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69836&strTipM=TC&nValor3=0" }, { "id": "norm-69883", "citation": "Decreto 36428", "section": "norms", "doc_type": "executive_decree", "title_en": "Congress and Fair Live the Wood and C-Neutrality", "title_es": "Congreso y Feria Vive la Madera y la C-Neutralidad", "summary_en": "Executive Decree No. 36428-MINAET declares the \"Congreso y Feria Vive la Madera y la C-Neutralidad\" (Congress and Fair Live the Wood and C-Neutrality), to be held June 17–19, 2011, a matter of public interest. It is based on constitutional faculties of the Presidency and the Ministry of Environment, Energy and Telecommunications, and on the event's relevance to national environmental policies. The declaration aims to promote and facilitate support from other institutions and non-state public entities. The decree takes effect upon publication in La Gaceta. It establishes no regulatory obligations nor modifies substantive law; its scope is merely declaratory and administrative.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-69883.json", "html_url": "/legal/doc/norm-69883", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69883&strTipM=TC&nValor3=0" }, { "id": "norm-69923", "citation": "Decreto 36476", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Article 50(2.2) of the Regulation for the Reproduction and Responsible Ownership of Companion Animals", "title_es": "Reforma del artículo 50 inciso 2.2) del Reglamento para la Reproducción y Tenencia Responsable de Animales de Compañía", "summary_en": "This executive decree amends Article 50(2.2) of the Regulation for the Reproduction and Responsible Ownership of Companion Animals (Executive Decree No. 31626-S). The amendment removes vocal cord ablation as a special sanitary measure, considering it contrary to animal protection and welfare. Instead, it establishes that for a second offense, the sanction shall be the suspension of the sanitary operating permit or an order for the sterilization of the animals, to be carried out within the following three business days. The reform is grounded in the Animal Welfare Law and the General Health Law, and aims to prevent animal mistreatment by prioritizing respect for life and the welfare of living beings. The decree became effective upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/02/2011", "year": "2011", "json_url": "/data/legal/docs/norm-69923.json", "html_url": "/legal/doc/norm-69923", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=69923&strTipM=TC&nValor3=0" }, { "id": "norm-70029", "citation": "Reglamento municipal 19", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Integrated Solid Waste Management in the Canton of Desamparados", "title_es": "Reglamento para la Gestión Integral de Residuos Sólidos en el Cantón de Desamparados", "summary_en": "This municipal regulation, adopted in 2011 and repealed in 2015, provided the legal framework for integrated solid waste management in the canton of Desamparados. It defined the responsibilities of waste generators (households, commercial, industrial) for source separation, classification, and delivery of waste. It regulated municipal selective collection, frequencies, packaging, and prohibited unauthorized scavenging of recyclables. It included provisions on hazardous waste, construction and demolition debris, and established fees to self-finance the service. It contained a chapter on administrative sanctions and fines, referencing the Municipal Code and the Organic Environmental Law. It promoted environmental education and the implementation of a Municipal Plan for Integrated Solid Waste Management, subject to annual review. It was repealed by a later regulation that unified waste management and related public services.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70029.json", "html_url": "/legal/doc/norm-70029", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70029&strTipM=TC&nValor3=0" }, { "id": "norm-70046", "citation": "Decreto 36509", "section": "norms", "doc_type": "executive_decree", "title_en": "Health Emergency for drinking water supply deficiencies in Pocosol and Cutris", "title_es": "Emergencia Sanitaria por deficiencias en suministro de agua en Pocosol y Cutris", "summary_en": "This executive decree declares a health emergency in multiple communities in the districts of Pocosol and Cutris, San Carlos canton, due to severe deficiencies in the supply of water fit for human consumption. It is based on the General Health Law and the constitutional powers of the Executive Branch. Health authorities from the Santa Rosa de Pocosol Health Area verified that local aqueducts have problems with potability and insufficient quantity, exposing the population to an imminent danger of waterborne diseases. The decree emphasizes that health is a fundamental right of immediate application and a public interest asset protected by the State, and that the situation constitutes an emergency requiring authorities to apply the precautionary principle. It orders all public authorities and the population to comply with the health provisions issued, and authorizes collaboration from the public and private sectors, NGOs, and international organizations to resolve the water crisis in the affected communities.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "24/02/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70046.json", "html_url": "/legal/doc/norm-70046", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70046&strTipM=TC&nValor3=0" }, { "id": "norm-70048", "citation": "Reglamento municipal 042", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to Article 4 of the Dota Aqueduct Regulation", "title_es": "Reforma al Artículo 4 del Reglamento de Acueducto de Dota", "summary_en": "The Municipal Council of Dota, in ordinary session No. 042 of March 1, 2011, agreed to amend Article 4 of the Municipal Aqueduct Regulation. Originally, the rule required the Municipality to provide water service only to owners of built properties, used for work or residence, when the system networks pass in front of the property. The amendment removed those conditions, establishing the municipal obligation to provide water service to all property owners in the canton of Dota, without distinction between built or vacant lots. This change aimed to facilitate the installation of service connections on undeveloped lots to avoid repeatedly opening streets and to preserve the asphalt in good condition.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70048.json", "html_url": "/legal/doc/norm-70048", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70048&strTipM=TC&nValor3=0" }, { "id": "norm-70055", "citation": "Decreto 36481", "section": "norms", "doc_type": "executive_decree", "title_en": "Ecological Blue Flag Program Regulation", "title_es": "Reglamento del Programa Bandera Azul Ecológica", "summary_en": "Executive Decree No. 36481-MINAET-S, issued in 2011, integrates and updates the regulation of the Ecological Blue Flag Program (PBAE), an incentive for community organization in environmental protection, public health, and climate change mitigation. The regulation consolidates previous decrees into a single text and creates an eighth category: 'Community Health Promotion'. It establishes the National PBAE Commission, composed of public and private entities, responsible for evaluating, auditing, and awarding the certification. Local committees must register, prepare work plans, and meet mandatory parameters according to their category (beaches, communities, educational centers, protected natural areas, micro-watersheds, climate change, climate-neutral community, and community health). Weightings are assigned for each parameter and a star-rating scale (1 to 5) recognizes environmental performance. The Commission's decisions on awards are final. The regulation democratizes participation and promotes continuous improvement in indicators of water quality, waste management, environmental education, and public health.", "primary_topic_id": null, "topic_ids": [], "date": "17/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70055.json", "html_url": "/legal/doc/norm-70055", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70055&strTipM=TC&nValor3=0" }, { "id": "norm-70093", "citation": "Decreto 36485", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of Member to the National Biodiversity Management Commission", "title_es": "Nombramiento de miembro de la Comisión Nacional para la Gestión de la Biodiversidad", "summary_en": "This executive decree appoints Alejandra Aguilar Schramm as a full member representing the Ministry of Foreign Trade on the National Biodiversity Management Commission (CONAGEBIO). The appointment is made for a full three-year term, in accordance with Article 15 of the Biodiversity Law. It also repeals previous appointments contained in Executive Decrees No. 31126-MINAE and No. 34416-MINAE, thereby updating the composition of the Commission. CONAGEBIO, as a decentralized body of MINAET, has key functions in the conservation, sustainable use, and restoration of biodiversity. The decree was later repealed by Executive Decree No. 38510 of May 14, 2014, which appointed a new member.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "_off-topic" ], "date": "25/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70093.json", "html_url": "/legal/doc/norm-70093", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70093&strTipM=TC&nValor3=0" }, { "id": "norm-70096", "citation": "Decreto 36416", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Interest for the Recovery Project of La Sabana Metropolitan Park", "title_es": "Declaratoria de interés público del Proyecto de Recuperación del Parque Metropolitano La Sabana", "summary_en": "Executive Decree No. 36416-MP-MD, issued in 2011, declares the \"Recovery Project of La Sabana Metropolitan Park\" to be of public interest. The recitals highlight the park's approximately two million annual users and the need to rehabilitate its safety, sanitation, and ecological functionality through sanitation, reforestation, maintenance, and monitoring actions. The project aims to recover and maintain forest resources and other minor species without reducing the park's social, sports, and recreational functions. It also allows public and private entities to contribute economic resources for its execution. The standard does not impose specific obligations but authorizes collaboration and declares the general interest of the project, based on constitutional powers and the General Public Administration Law.", "primary_topic_id": null, "topic_ids": [], "date": "14/02/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70096.json", "html_url": "/legal/doc/norm-70096", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70096&strTipM=TC&nValor3=0" }, { "id": "norm-70097", "citation": "Decreto 36473", "section": "norms", "doc_type": "executive_decree", "title_en": "I Regional Clean Electricity Congress (CREL) declared of public interest", "title_es": "I Congreso Regional de Electricidad Limpia (CREL) declarado de interés público", "summary_en": "This executive decree declares the 'I Regional Clean Electricity Congress (CREL)', to be held March 23-25, 2011, as a matter of public and national interest. The legal basis lies in the authority of the Ministry of Environment, Energy, and Telecommunications (MINAET) to promote energy policies focused on conservation and rational use of energy resources, with participation of the state, civil society, and the private sector. The initiative originates from the Central American Electrification Council and aims to disseminate solutions to improve the socio-environmental quality of electricity production and use in the region. The public and national interest declaration facilitates institutional support from other public entities for the congress’s promotion and development. The decree enters into force upon publication in the Official Gazette La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/02/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70097.json", "html_url": "/legal/doc/norm-70097", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70097&strTipM=TC&nValor3=0" }, { "id": "norm-70099", "citation": "Decreto 36521", "section": "norms", "doc_type": "executive_decree", "title_en": "Phytosanitary Emergency Declaration for Huanglongbing", "title_es": "Declaración de Emergencia Fitosanitaria por Huanglongbing", "summary_en": "This Executive Decree declares a national phytosanitary emergency state due to the detection of an outbreak of the Huanglongbing (HLB) plague in Los Chiles canton, a devastating bacterial citrus disease transmitted by the psyllid Diaphorina citri. The regulation orders compulsory combat against the plague and its vector, mandates destruction of all HLB-positive plant material (nurseries, plantations, backyard trees) by cutting and herbicide application, and imposes an internal phytosanitary quarantine in several northern cantons (Los Chiles, San Carlos, Guatuso, Upala, and La Cruz), prohibiting the movement of citrus and rutaceous propagation material. It also establishes the obligation to report the pest, grants forced access to properties for inspection and eradication, bans open-air citrus plant production after six months, and creates an ad hoc Phytosanitary Emergency Commission to coordinate and execute measures. It is based on the Phytosanitary Protection Law No. 7664 and on the need to protect national citrus production as an economic activity and source of nutrients for the population.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70099.json", "html_url": "/legal/doc/norm-70099", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70099&strTipM=TC&nValor3=0" }, { "id": "norm-70105", "citation": "Decreto 36516", "section": "norms", "doc_type": "executive_decree", "title_en": "Environmental Services Payment 2011", "title_es": "Pago de Servicios Ambientales 2011", "summary_en": "This decree sets the available hectares, maximum payment amounts per hectare or tree, priority areas, contract terms, and deferred payment conditions for the 2011 Environmental Services Payment Program (PPSA) administered by FONAFIFO. It establishes quotas and rates for modalities such as forest protection (45,180 ha, $320/ha), reforestation with threatened native species (600 ha, $1,470/ha), agroforestry systems (750,000 trees, $1.30/tree), forest management, natural regeneration, and water resource protection. It includes a scoring matrix to prioritize forest protection applications based on criteria like location in conservation gaps, biological corridors, indigenous territories, and social development index. It also regulates contract extensions, assignment of rights, and use of donor funds.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "25/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70105.json", "html_url": "/legal/doc/norm-70105", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70105&strTipM=TC&nValor3=0" }, { "id": "norm-70129", "citation": "Decreto 36427", "section": "norms", "doc_type": "executive_decree", "title_en": "National Wetlands Program and National Wetlands Committee", "title_es": "Programa Nacional de Humedales y Comité Nacional de Humedales", "summary_en": "This executive decree creates the National Wetlands Program within the National System of Conservation Areas (SINAC) as the technical structure responsible for promoting, planning, and developing Costa Rica's wetlands. It also establishes a National Advisory Council on Wetlands, composed of government authorities, indigenous representatives, and non-governmental organizations, with advisory, education, planning, and wise-use functions in accordance with the Ramsar Convention. The decree repeals prior regulations on the matter and provides that administration, protection, and management of wetlands will be the responsibility of SINAC through its eleven Conservation Areas, while other public entities must collaborate in their protection and management.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "25/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70129.json", "html_url": "/legal/doc/norm-70129", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70129&strTipM=TC&nValor3=0" }, { "id": "norm-70199", "citation": "Decreto 36499", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Preparation of Institutional Environmental Management Programs in the Public Sector", "title_es": "Reglamento para la Elaboración de Programas de Gestión Ambiental Institucional en el Sector Público", "summary_en": "Executive Decree No. 36499-S-MINAET establishes the regulatory framework for all Costa Rican public administration institutions to formulate, implement, and update Institutional Environmental Management Programs (PGAI). These PGAI are planning instruments based on a continuous improvement cycle starting from an environmental diagnosis of the institution's activities, covering energy efficiency, waste management, climate change, and other aspects. The regulation creates an inter-institutional Technical Commission (CT), led by DIGECA, to monitor, train, and evaluate the environmental performance of public entities. Each institution must form an Institutional Environmental Commission (CAI) and submit annual progress reports. A rating system called 'Implementation Traffic Light' is established, categorizing environmental performance from excellent to deficient, with annual public recognitions. The decree repeals previous instruments and unifies environmental and waste management obligations, exempting those complying with the PGAI from submitting separate programs under the Integrated Waste Management Law.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "17/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70199.json", "html_url": "/legal/doc/norm-70199", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70199&strTipM=TC&nValor3=0" }, { "id": "norm-70222", "citation": "Resolución 246", "section": "norms", "doc_type": "resolution", "title_en": "Creation of the Environmental and Social Management Process of MOPT", "title_es": "Creación del Proceso de Gestión Ambiental y Social del MOPT", "summary_en": "Resolution 246 of the Minister of Public Works and Transport creates the Environmental and Social Management Process within the Sectoral Planning Directorate. Its objective is to incorporate environmental and social variables into infrastructure projects of the Ministry and its attached councils (CONAVI, COSEVI, etc.). It is based on the need to comply with national and international guidelines, highlighting the loan contract with the IDB (No. 2007/OC-CR), which requires the creation of an Environmental and Social Management Unit (UGAS). The resolution details 18 functions, including the application of environmental management instruments, coordination with SETENA, preparation of studies, monitoring of environmental regencies, and promotion of management frameworks. Specialized personnel (engineers, biologists, geographers, etc.) are assigned, and instructions are given to provide the process with budgetary and technological resources.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "14/04/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70222.json", "html_url": "/legal/doc/norm-70222", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70222&strTipM=TC&nValor3=0" }, { "id": "norm-70226", "citation": "Directriz 14", "section": "norms", "doc_type": "directive", "title_en": "Directive 14 — Distributed generation for self-consumption", "title_es": "Directriz 14 — Generación distribuida para autoconsumo", "summary_en": "Directive 14-MINAET, issued in 2011 by the President and the Minister of Environment, Energy and Telecommunications, ordered the institutions of the Electricity Subsector to promote small-scale renewable electricity generation for self-consumption. It mandated pilot plans for distributed generation, allowing customers to install their own generation systems connected in parallel to the low-voltage grid, with possible financing from utilities. It also instructed electricity companies to develop interconnection mechanisms for small renewable systems. The directive set a three-month deadline for the subsector institutions to report to the Minister, and requested ARESEP to prepare the necessary regulation to transition from pilot stage to nationwide programs. It was repealed in 2015 by Article 49 of the Distributed Generation for Self-Consumption Regulation, Executive Decree No. 39220.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70226.json", "html_url": "/legal/doc/norm-70226", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70226&strTipM=TC&nValor3=0" }, { "id": "norm-70227", "citation": "Directriz 15", "section": "norms", "doc_type": "directive", "title_en": "Directive 15-MINAET", "title_es": "Directriz 15-MINAET", "summary_en": "Directive 15-MINAET, issued in March 2011 by the President and the Minister of Environment, Energy and Telecommunications, instructs the Energy Subsector members to promote renewable energy development. It requests ARESEP to define tariff models to encourage private investment in renewable generation; ICE to present plans for limited-capacity generation projects and operationalize financial options under Law 8660; CNFL, ESPH, JASEC, and rural cooperatives to develop renewable projects; and RECOPE to submit a revised biofuels plan. Deadlines are two months, reporting to the Minister. It was repealed in 2017 by Directive 097-MINAE.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70227.json", "html_url": "/legal/doc/norm-70227", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70227&strTipM=TC&nValor3=0" }, { "id": "norm-70247", "citation": "Decreto 36513", "section": "norms", "doc_type": "executive_decree", "title_en": "Interinstitutional Coordination Commission for El Diquís Hydroelectric Project", "title_es": "Comisión de Coordinación del Proyecto Hidroeléctrico El Diquís", "summary_en": "Executive Decree 36513 created the Interinstitutional Coordination Commission for El Diquís Hydroelectric Project (Comisión Diquís) to coordinate the actions of nine ministries and eight public agencies for the integrated development of the Southern Zone within the framework of this project. Chaired by the Minister of Environment, Energy and Telecommunications and with ICE serving as its secretariat, the Commission was tasked with drafting an Interinstitutional Coordination Work Plan covering projects, programs, and activities in health, education, housing, culture, and basic services, as well as establishing coordination and decision-making mechanisms. It was also responsible for monitoring institutional commitments and conducting a public outreach process about the plans. The decree emphasized the duty of respect and transparency toward the multi-ethnic and pluricultural communities in the area and the need to coordinate state action to maximize resources and improve quality of life. The norm was repealed in 2014 by a higher-level commission.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70247.json", "html_url": "/legal/doc/norm-70247", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70247&strTipM=TC&nValor3=0" }, { "id": "norm-70250", "citation": "Decreto 36566", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of public interest for scientific congresses on human genetics, biotechnology, and biology", "title_es": "Declaratoria de interés público de congresos científicos en genética humana, biotecnología y biología", "summary_en": "Executive Decree 36566-MICIT declares of public interest the II Latin American Congress of Human Genetics, the II National Congress of Biotechnology, and the VI National Congress of Biology, to be held May 11-13, 2011 in San José. The declaration is based on Article 8 of the Law for the Promotion of Scientific and Technological Development (Law 7169), which stipulates that non-profit scientific and technological activities carried out by entities of the National Science and Technology System are of public interest. The decree highlights the importance of these congresses for the exchange of knowledge and experiences in human genetics, biotechnology, and bioethics, and for strengthening national scientific capacities. Public and private entities are urged to contribute economic, logistical, and technical resources for their successful execution. The decree does not establish binding legal obligations or create substantive rights; it is a declaratory and promotional norm without direct environmental implications.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70250.json", "html_url": "/legal/doc/norm-70250", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70250&strTipM=TC&nValor3=0" }, { "id": "norm-70292", "citation": "Decreto 3146", "section": "norms", "doc_type": "regulation", "title_en": "Amendment to Article 24 of the Water Services Regulation", "title_es": "Reforma al Artículo 24 del Reglamento de Servicios de Agua", "summary_en": "This is an amendment to the Regulation for the Provision of Water and Sewerage Services of the Heredia Public Services Company, approved by its Board of Directors in 2011. The reform focuses exclusively on Article 24, which establishes a billing adjustment procedure for customers who experience excessive water consumption due to non-visible leaks in their internal installations. It defines a non-visible leak as one imperceptible to the senses (sight, hearing) in the customer’s internal piping. The adjustment applies when consumption exceeds by more than 100% the average of the previous three months, and consists of reducing by 50% the recorded consumption in the claimed period and the next, once the customer proves they have repaired the damage. Peremptory deadlines are set: 10 days to request the inspection after the bill’s due date, and 15 days to correct deficiencies after notification. The benefit is granted only once every three years, and inspections are at the customer’s cost. The reform does not address environmental or water resource issues in any substantive way; it is a purely commercial and tariff-related rule by a public utility.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70292.json", "html_url": "/legal/doc/norm-70292", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70292&strTipM=TC&nValor3=0" }, { "id": "norm-70296", "citation": "Decreto 36570", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the List of Notifiable Animal Diseases — Addition of Zoonotic Salmonellosis", "title_es": "Modificación al Listado de Enfermedades Animales de Declaración Obligatoria — Adición de Salmonelosis Zoonótica", "summary_en": "This executive decree amends the official list of notifiable animal diseases to SENASA by adding zoonotic salmonellosis caused by Salmonella Enteritidis and Salmonella Typhimurium. The amendment responds to the recommendation of the World Organisation for Animal Health (OIE), which identifies these bacteria as among the most common foodborne infections worldwide with significant zoonotic potential. The decree is grounded in the state's obligation to prevent the introduction and spread of highly transmissible animal diseases, and SENASA's authority under Law No. 8495 to classify pests and diseases. It incorporates into Costa Rican regulations the OIE Terrestrial Animal Health Code's measures for prevention, detection, and control of Salmonella infections in poultry.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70296.json", "html_url": "/legal/doc/norm-70296", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70296&strTipM=TC&nValor3=0" }, { "id": "norm-70297", "citation": "Reglamento municipal 05", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Management of Ordinary Solid Waste of the Municipality of Osa", "title_es": "Reglamento para la Gestión de Residuos Sólidos Ordinarios de la Municipalidad de Osa", "summary_en": "This municipal regulation establishes the framework for integrated solid waste management in the canton of Osa. It outlines the responsibilities of the Municipality, including collection, transportation, recovery, treatment, and final disposal, either by direct administration or through contracts with third parties. It imposes obligations on users for source separation (recoverable and non-recoverable waste), sanitary storage in specific bags (green for recoverable, black for non-recoverable), and placement during established schedules. It details requirements for containers, collective storage systems in multi-family and commercial buildings, and prohibits the disposal of hazardous, liquid, or special management waste together with ordinary waste. It promotes the waste hierarchy: avoid, reduce, recover, treat, and dispose of the least amount. It regulates the recovery of recoverable materials in accordance with Executive Decree No. 35906-S, covered transport and vehicle washing, and final disposal exclusively in a municipal sanitary landfill approved by the Ministry of Health. It includes prohibitions such as burning waste, disposal in water bodies or unauthorized sites, and establishes sanctions for non-compliance by referring to the General Health Law, Wildlife Conservation Law, Organic Environmental Law, and Integrated Waste Management Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/02/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70297.json", "html_url": "/legal/doc/norm-70297", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70297&strTipM=TC&nValor3=0" }, { "id": "norm-70302", "citation": "Ley 8939", "section": "norms", "doc_type": "law", "title_en": "Law 8939 — Donation of land to FUPROVIRENA", "title_es": "Ley 8939 — Donación de terreno a FUPROVIRENA", "summary_en": "Law 8939 authorizes the Municipality of Barva to donate a 637.15 m² plot of land to the Foundation for the Protection and Monitoring of Natural Resources of Heredia (FUPROVIRENA). The property, located in San José de la Montaña, district 6 of Barva canton, Heredia province, is exclusively for constructing the foundation's administrative facilities and furthering its environmental protection, monitoring, and education goals. The law imposes a resolutory condition: if the foundation dissolves or the land is used for any purpose other than that authorized, the property reverts to the municipality. This is a singular, concrete legislative act containing no general or abstract environmental provisions and does not alter forestry, biodiversity, water, or environmental impact assessment regimes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/04/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70302.json", "html_url": "/legal/doc/norm-70302", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70302&strTipM=TC&nValor3=0" }, { "id": "norm-70307", "citation": "Acuerdo 112", "section": "norms", "doc_type": "agreement", "title_en": "Amendment to Agreement 2007-177 on Protection of the Moín Aquifer", "title_es": "Modificación del Acuerdo 2007-177 sobre Protección del Acuífero Moín", "summary_en": "This AyA Board agreement modifies the land-use restrictions in Zone 6 of the Moín Aquifer, originally set by Agreement 2007-177. The amendment aims to clarify limitations for stakeholders and allow certain activities subject to technical studies proving no harm to the aquifer, applying Article 109 of the Biodiversity Law. New guidelines include a 20% impermeabilization limit per hectare, the requirement of environmental impact studies and management plans approved by SETENA for earthworks and industries, and specific restrictions for developments, hotels, and handling of hazardous substances. Absolute prohibitions remain for drilling wells, installing dumps, and using pesticides. The agreement also instructs the Limón Municipality and MINAE to implement measures and restrict forest vegetation cutting in the zone.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "environmental-law-7554", "biodiversity-law-7788" ], "date": "02/05/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70307.json", "html_url": "/legal/doc/norm-70307", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70307&strTipM=TC&nValor3=0" }, { "id": "norm-70310", "citation": "Resolución 136", "section": "norms", "doc_type": "resolution", "title_en": "Establishment of the Fishing Ban in the Gulf of Nicoya 2011", "title_es": "Establecimiento de la Veda en el Golfo de Nicoya 2011", "summary_en": "Resolution 136-2011 of INCOPESCA's Board of Directors establishes a total fishing ban for all national commercial fishing fleets, except sport-fishing, in the Gulf of Nicoya during June, July, and October each year. The ban covers the area from Punta Torres to Punta Cuchillo, inshore to the mouth of the Tempisque River. All commercial fleets are allowed to fish seaward of that line during the same periods. Exceptionally and temporarily, small-scale artisanal vessels of the Gulf may fish outside the closed area, up to the Cabo Blanco-Herradura line, with competitively priced fuel. INCOPESCA is also ordered to arrange with IMAS a temporary poverty subsidy for affected artisanal fishermen. The measure aims to protect and allow recovery of fishery resources in the inner Gulf of Nicoya.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/04/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70310.json", "html_url": "/legal/doc/norm-70310", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70310&strTipM=TC&nValor3=0" }, { "id": "norm-70311", "citation": "Decreto 36515", "section": "norms", "doc_type": "executive_decree", "title_en": "Hunting and fishing regulations outside and within protected areas", "title_es": "Regulaciones para la caza y pesca fuera y dentro de áreas protegidas", "summary_en": "This executive decree establishes regulations for small and big game hunting outside protected wild areas, as well as for sport fishing in certain protected areas of Costa Rica. It prohibits big and small game hunting, hunting tournaments, and fishing in national parks, biological reserves, natural monuments, forest reserves, protective zones, indigenous reserves, and wildlife refuges, with limited exceptions for subsistence hunting by resident indigenous peoples and management programs by SINAC. Later chapters, which regulated details on methods, weapons, seasons, and captive breeding, were repealed in 2017. The norm authorizes sport fishing of species such as guapote, snook, tarpon, and gar in the Caño Negro and Las Camelias refuges, setting daily and seasonal catch limits, and refers to management plans for the Barra del Colorado refuge and others. It repeals Executive Decree No. 35700-MINAET and was in effect until April 2016, although its fishing provisions remain applicable to the extent they do not contradict later regulations.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "28/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70311.json", "html_url": "/legal/doc/norm-70311", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70311&strTipM=TC&nValor3=0" }, { "id": "norm-70336", "citation": "Tratados Internacionales 8094-B", "section": "norms", "doc_type": "treaty", "title_en": "Comprehensive Nuclear-Test-Ban Treaty — Protocol", "title_es": "Tratado de Prohibición Completa de los Ensayos Nucleares — Protocolo", "summary_en": "This document is the Protocol to the Comprehensive Nuclear-Test-Ban Treaty (CTBT), approved by Costa Rica's Legislative Assembly through Law 8094. It establishes the technical and operational framework for the International Monitoring System (IMS) and On-Site Inspections (OSI). Part I details the global monitoring infrastructure: seismological networks (50 primary and 120 auxiliary stations), radionuclide stations (80 stations and laboratories), hydroacoustic (11 stations) and infrasound (60 stations) networks, and the functions of the International Data Centre (IDC) for data collection, analysis, and distribution. Part II regulates on-site inspections: procedures, inspector designation, privileges and immunities, points of entry, approved equipment, overflights, managed access, sample collection, and post-inspection measures. Part III contains confidence-building measures, urging voluntary notification of chemical explosions above 300 tons TNT. The annexes list the stations and laboratories composing the IMS. Costa Rica participates with the auxiliary seismological station JTS at Las Juntas de Abangares. The document does not establish norms directly linked to Costa Rican environmental law on forests, biodiversity, water, or soil, although radionuclide monitoring could have environmental implications if radioactive contamination were detected.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/03/2001", "year": "2001", "json_url": "/data/legal/docs/norm-70336.json", "html_url": "/legal/doc/norm-70336", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70336&strTipM=TC&nValor3=0" }, { "id": "norm-70342", "citation": "Directriz 005", "section": "norms", "doc_type": "directive", "title_en": "SENASA Directive DG-D005-2011: Temperature Control Log for Fishing Vessels", "title_es": "Directriz SENASA-DG-D005-2011: Registro de Control de Temperaturas en Embarcaciones Pesqueras", "summary_en": "This Directive establishes a new Temperature Control Log for medium- and large-scale fishing vessels, with the aim of safeguarding the safety of fishery products, particularly histamine-forming species. It is based on the General Law of SENASA (No. 8495) and the Fisheries and Aquaculture Law (No. 8436), which grant SENASA exclusive competence over the safety of animal-origin foods. It is implemented within the framework of an Interinstitutional Cooperation Agreement between SENASA and INCOPESCA, whereby INCOPESCA collaborates in verifying compliance with sanitary requirements on vessels. The log (code DIPOA-PG-016-RE-003) becomes mandatory for ships departing on or after June 1, 2011. SENASA or INCOPESCA officials will evaluate the logs to authorize landings at approved docks. Non-conformities—such as false data, inaccurate data, or absence of a log—will result in the products being barred from the human consumption chain and destined only as raw material for animal feed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/04/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70342.json", "html_url": "/legal/doc/norm-70342", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70342&strTipM=TC&nValor3=0" }, { "id": "norm-70401", "citation": "Decreto 36590", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Sanitary Landfill Regulation", "title_es": "Reforma al Reglamento sobre Rellenos Sanitarios", "summary_en": "Executive Decree No. 36590-S amends Article 14 of the Sanitary Landfill Regulation (Decree No. 27378-S of 1998), establishing the minimum technical requirements that every sanitary landfill project, regardless of type and size, must meet to obtain the sanitary operating permit issued by the Health Areas. The amendment details requirements on terrain stability, access roads, perimeter fencing, base waterproofing, leachate and gas drainage systems, basic infrastructure, qualified personnel, daily and final waste cover, phased design, landscaping, a prohibition on subsequent construction for at least 20 years, and a 20-meter buffer strip with neighboring properties, among others. It also allows the use of alternative materials to soil as daily cover, provided they meet specific characteristics of insulation, non-combustibility, and resistance. The amendment is based on the need to protect public health and the environment, and on the Executive Branch's authority to issue technical regulations to prevent health problems arising from inadequate final disposal of solid waste.", "primary_topic_id": null, "topic_ids": [], "date": "25/04/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70401.json", "html_url": "/legal/doc/norm-70401", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70401&strTipM=TC&nValor3=0" }, { "id": "norm-70402", "citation": "Acuerdo 0 (Instituto Costarricense de Turismo, 03/05/2011)", "section": "norms", "doc_type": "agreement", "title_en": "Institutional procedure on coastal regulatory plans", "title_es": "Procedimiento institucional sobre planes reguladores costeros", "summary_en": "This agreement of the Costa Rican Tourism Board (ICT) modifies and expands the procedure for updating coastal regulatory plans affected by the delimitation of forest and forestry-suitable lands carried out by MINAET, as part of the State Natural Heritage. It establishes that partially affected plans will remain in force in unaffected areas but must be updated. A rule is included allowing concessions for an area smaller than that permitted by the regulatory plan, provided the project is technically feasible, except in residential zones where the legal minimum lot size applies. The agreement stems from the Attorney General’s opinion C-297-2004 on the administration of forest on public domain lands and seeks to harmonize coastal land-use planning with the protection of state forest heritage.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "03/05/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70402.json", "html_url": "/legal/doc/norm-70402", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70402&strTipM=TC&nValor3=0" }, { "id": "norm-70407", "citation": "Decreto 36549", "section": "norms", "doc_type": "executive_decree", "title_en": "Single Window for Registration of Agricultural Pesticides, Adjuvants, and Related Substances", "title_es": "Ventanilla Única para Registro de Plaguicidas de Uso Agrícola, Coadyuvantes y Sustancias Afines", "summary_en": "Executive Decree No. 36549-MAG-S-MEIC-MINAET establishes a Single Window to centralize the receipt, processing, and decision-making for registration applications of agricultural pesticides, adjuvants, and related substances. It involves the Ministries of Agriculture and Livestock, Health, and Environment, Energy and Telecommunications. The window aims to streamline procedures, reduce costs and processing times, and eliminate the need to transfer files between institutions. The State Phytosanitary Service provides the physical space and logistical support and issues the final decision based on binding technical criteria from the other ministries. Appeals against the decision follow the General Public Administration Law, with the ministries providing assistance according to their competence.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "28/04/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70407.json", "html_url": "/legal/doc/norm-70407", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70407&strTipM=TC&nValor3=0" }, { "id": "norm-70474", "citation": "Decreto 36529", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of National Convenience for the San José Metropolitan Area Environmental Improvement Project", "title_es": "Declaratoria de Conveniencia Nacional del Proyecto de Mejoramiento Ambiental del Área Metropolitana de San José", "summary_en": "Executive Decree No. 36529-MINAET declares the studies and works of the San José Metropolitan Area Environmental Improvement Project —to be carried out by the Costa Rican Institute of Aqueducts and Sewers (AyA)— to be of national convenience and public interest. Based on the severe pollution of the Tárcoles River and its tributaries, which threatens fluvial and marine ecosystems as well as public health, the decree relies on Articles 3(m), 19(b), 33(b) and 34 of the Forestry Law to exceptionally authorize land-use change and tree cutting —including protected species— in protection areas and lands of forestry aptitude needed for the construction of sanitation infrastructure (sewerage and treatment plant). The decree orders all public administration bodies to give priority and expeditious processing to permits, financing, and other requisite procedures, exempting AyA from various forestry and wildlife regulatory requirements, conditioned on environmental compensation actions.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "14/04/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70474.json", "html_url": "/legal/doc/norm-70474", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70474&strTipM=TC&nValor3=0" }, { "id": "norm-70485", "citation": "Decreto 36550", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Review Procedure of Construction Plans", "title_es": "Reglamento para el Trámite de Revisión de Planos de Construcción", "summary_en": "This executive decree establishes a simplified digital procedure for the review of construction plans, applicable to single-family homes, subdivisions, condominiums, and other buildings. It centralizes and streamlines procedures before the Ministry of Health, AyA, INVU, and the Fire Department through the CFIA's APC platform, reducing costs and timelines. It introduces the sworn statement of the responsible professional as a control mechanism, maximum review periods (15 business days), positive administrative silence (except in the maritime-terrestrial zone), and a single-prevention system. Oversight is strengthened ex-post with inspection protocols. An Interinstitutional Commission is created for continuous improvement of the procedure. The regulation does not address municipal approval of the construction permit, preserving local autonomy, but it does condition the progress of the procedure on obtaining institutional endorsements prior to such license.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/04/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70485.json", "html_url": "/legal/doc/norm-70485", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70485&strTipM=TC&nValor3=0" }, { "id": "norm-70500", "citation": "Decreto 36517", "section": "norms", "doc_type": "executive_decree", "title_en": "Establishment of Technical Commission for Protection of Northeast Caribbean Wetland", "title_es": "Conformación de Comisión Técnica para protección del Humedal Caribe Noreste", "summary_en": "This executive decree declares the activities of a technical commission of experts, formed by MINAET, to be of public interest, aiming to fulfill protection obligations for the Northeast Caribbean Wetland, a Ramsar site. It responds to a ruling by the International Court of Justice on provisional measures in the border area with Nicaragua, ordering Costa Rica to prevent irreparable harm to the wetland. The commission, coordinated by the director of the Tortuguero Conservation Area, includes biologists, hydrogeologists, geographers, forest engineers, a sedimentologist, a wetlands specialist, a lawyer, and a Ramsar representative. It is given a 30-day deadline to propose urgent restoration measures and define working teams, in coordination with the Ramsar Secretariat. State institutions are instructed to provide collaboration for these objectives.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "29/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70500.json", "html_url": "/legal/doc/norm-70500", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70500&strTipM=TC&nValor3=0" }, { "id": "norm-70520", "citation": "Reglamento municipal 58", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Regulation for the Operation and Administration of the Poás Municipal Aqueduct", "title_es": "Reforma al Reglamento para la Operación y Administración del Acueducto de la Municipalidad de Poás", "summary_en": "This document contains the amendment to the Regulation for the Operation and Administration of the Poás Municipal Aqueduct, approved by the Municipal Council in 2011. It reforms several articles of the original 1998 regulation. It establishes provisions on the scope of the service, principles of provision, requirements for granting, types of service (metered and fixed), meter reading, payment, tariff determination, suspension for non-payment, and reconnection. It also regulates temporary service, prohibitions for subscribers (such as fraud, unauthorized derivations, or damage to the system), and corresponding sanctions. Importantly, before authorizing new urbanizations or subdivisions, the Municipality must analyze its capacity to supply potable water; if unable, it cannot commit to provide the service. In case of infractions affecting water sources or public health, the regulation refers to the Water Law, the Forestry Law, and a Constitutional Chamber ruling on a healthy environment.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "subdivision-fraccionamiento" ], "date": "07/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70520.json", "html_url": "/legal/doc/norm-70520", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70520&strTipM=TC&nValor3=0" }, { "id": "norm-70523", "citation": "Decreto 36452", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Montes Submarinos Marine Management Area", "title_es": "Crea Área Marina de Manejo Montes Submarinos", "summary_en": "This executive decree, signed by the President and the Minister of Environment, Energy and Telecommunications, creates the Bicentennial Marine Management Area (originally called Montes Submarinos) in the Costa Rican Pacific, covering approximately 106,283.66 km². The new protected area, which surrounds Cocos Island National Park, aims to conserve the high biodiversity and endemism of the seamounts of the Cocos Ridge, protect aggregation sites for migratory species such as turtles, sharks, and cetaceans, and preserve deep-sea ecosystems. The decree establishes that the area will be administered by SINAC through the Cocos Marine Conservation Area, and allows large-scale commercial fishing, sport fishing, ecotourism, and research, subject to the General Management Plan. It also orders INCOPESCA to issue fishing licenses in accordance with that plan and requires inter-institutional coordination for conservation and sustainable use of resources.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "wildlife-law-7317" ], "date": "03/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70523.json", "html_url": "/legal/doc/norm-70523", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70523&strTipM=TC&nValor3=0" }, { "id": "norm-70543", "citation": "Decreto 36603", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of Peasant Representatives to CONAGEBIO", "title_es": "Nombramiento de Representantes Campesinos en CONAGEBIO", "summary_en": "This executive decree appoints a proprietary member and an alternate representing the Asociación Mesa Nacional Campesina to the National Commission for Biodiversity Management (CONAGEBIO). The measure is based on Article 15 et seq. of Biodiversity Law No. 7788, which establishes the plural composition of the body with representation from various social sectors. Enrique Fallas Segura is appointed as proprietary member and Yamileth Solís Lezcano as alternate, for the full three-year term prescribed by law. The decree also expressly repeals the previous appointments of the same sector contained in Decrees 31126-MINAE and 34793-MINAET, in order to avoid duplication and keep the body's composition current.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "24/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70543.json", "html_url": "/legal/doc/norm-70543", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70543&strTipM=TC&nValor3=0" }, { "id": "norm-70545", "citation": "Decreto 36629", "section": "norms", "doc_type": "executive_decree", "title_en": "Río Macho-El Este 230 KV Transmission Line Expansion", "title_es": "Ampliación Línea Río Macho-El Este 230 KV", "summary_en": "Executive Decree No. 36629-MINAET declares the electrical transmission works of the Río Macho-El Este 230 KV Transmission Line Expansion Project to be of national convenience. The project, located in El Guarco, Cartago, involves a joint construction by ICE and JASEC to provide an additional power supply point, enhancing reliability for over 82,000 customers and 300,000 residents. The declaration invokes Articles 19(b) and 34 of the Forestry Law, which allow exceptions to the prohibition on land-use change and tree cutting in forests and protected areas for projects declared of national convenience. It relies on the environmental viability granted by SETENA (Resolution 1304-2006-SETENA), an Environmental Management Plan by the University of Costa Rica, and supplementary technical studies. JASEC must compensate by replanting and maintaining affected forest species in the same watershed, as directed by SINAC.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "30/05/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70545.json", "html_url": "/legal/doc/norm-70545", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70545&strTipM=TC&nValor3=0" }, { "id": "norm-70546", "citation": "Decreto 36564", "section": "norms", "doc_type": "executive_decree", "title_en": "Decree 36564-MINAET — Accreditation of NGO support personnel for conservation work", "title_es": "Decreto 36564-MINAET — Acreditación de personal de apoyo de ONG para labores de conservación", "summary_en": "Executive Decree 36564-MINAET, signed in March 2011, authorizes the National System of Conservation Areas (SINAC) to accredit support personnel hired by non-governmental organizations (NGOs) that have cooperation agreements with SINAC. These personnel carry out natural resource management and conservation tasks within Conservation Areas and are subject to the same obligations as regular MINAET officials, except for police powers. Accreditation is granted at the request of the respective Conservation Area Director and may be revoked for non-compliance. Hiring and dismissal are the exclusive responsibility of the contracting NGO. The decree also amends Article 20 of the Regulation for the Use, Control, and Maintenance of MINAE Vehicles, extending the authorization to drive administrative vehicles to NGO support personnel and ad honorem MINAET officials, provided they are duly accredited. The regulation is grounded in the State's budgetary and staffing limitations to ensure the operation and integrity of Protected Wild Areas. This decree was repealed by Article 1 of Executive Decree 36936 on October 4, 2011.", "primary_topic_id": null, "topic_ids": [], "date": "01/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70546.json", "html_url": "/legal/doc/norm-70546", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70546&strTipM=TC&nValor3=0" }, { "id": "norm-70574", "citation": "Decreto 36563", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Article 22 of the INTA Law Regulation", "title_es": "Reforma al artículo 22 del Reglamento a la Ley del INTA", "summary_en": "This executive decree amends Article 22 of the Regulation to the Law of the National Institute of Innovation and Transfer in Agricultural Technology (INTA), Law No. 8149. The reform introduces a new mechanism for calculating the per diem allowances ('dietas') for INTA board members who are not public officials. Instead of setting a maximum amount referenced to non-banking autonomous institutions, it establishes that the amount shall be the average of the per diem allowances received by board members of other institutions within the Agricultural Sector: CNP, IDA, INCOPESCA, SENARA, and PIMA. It also clarifies that payment will be recognized for up to two ordinary sessions per month and three extraordinary sessions per year, and maintains that the Executive Branch will set the final amount. The decree is grounded in the need to harmonize compensation within the agricultural sector and in the functions and responsibilities legally assigned to INTA directors.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70574.json", "html_url": "/legal/doc/norm-70574", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70574&strTipM=TC&nValor3=0" }, { "id": "norm-7060", "citation": "Ley 4760", "section": "norms", "doc_type": "law", "title_en": "IMAS Creation Law", "title_es": "Ley de Creación del IMAS", "summary_en": "Law 4760 creates the Joint Institute for Social Assistance (IMAS) as a legally independent entity aimed at solving extreme poverty in Costa Rica through a National Plan to Combat Poverty. The law establishes IMAS's organic structure, its Board of Directors and Executive Directorate, and enumerates its purposes: social promotion, training, meeting basic needs, and inter-institutional coordination. It defines the sources of economic resources, including a permanent employer contribution of 0.5% on wages paid to insured workers, and regulates tax exemptions, the budgetary and financial regime. It also includes provisions on awarding housing to beneficiaries after ten years of occupancy and prohibits its sale for another ten years. Recent reforms add financial education programs for beneficiaries and exclusive operation of duty-free shops at ports and airports. Also, it establishes political incompatibilities for senior IMAS officials and sanctions for non-compliance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/05/1971", "year": "1971", "json_url": "/data/legal/docs/norm-7060.json", "html_url": "/legal/doc/norm-7060", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=7060&strTipM=TC&nValor3=0" }, { "id": "norm-70635", "citation": "Ley 8955", "section": "norms", "doc_type": "law", "title_en": "Law on Remunerated Passenger Transport in Motor Vehicles", "title_es": "Ley de Transporte Remunerado de Personas en Vehículos Automotores", "summary_en": "This law reforms the Commercial Code and the Taxi Service Law. It introduces the concept of 'stable special taxi service,' aimed at closed user groups with residual and limited demand, and establishes that remunerated passenger transport in motor vehicles is a public service owned by the State, requiring an administrative concession or permit from the Public Transport Council. The reform also adds the stable special taxi service to the definitions, modifies conditions for concessions and permits, and establishes grounds for cancellation. It includes transitional provisions that allow existing 'passenger carriage' operators to regularize their situation and obtain a special permit, subject to strict requirements and penalties for non-compliance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70635.json", "html_url": "/legal/doc/norm-70635", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70635&strTipM=TC&nValor3=0" }, { "id": "norm-70675", "citation": "Acuerdo 0035", "section": "norms", "doc_type": "agreement", "title_en": "Vieja Cinchona Territory Regulation Agreement", "title_es": "Acuerdo de Regulación del Territorio Vieja Cinchona", "summary_en": "The National Commission for Risk Prevention and Emergency Response (CNE) approves land-use regulation for the Vieja Cinchona quadrant and its buffer zone following the January 8, 2009 earthquake. Two categories are established: a restricted zone where no construction is allowed, and a buffer zone for protection of water resources and biodiversity, with limited uses. Payment for ecosystem services is promoted for private properties, and MINAET is to assess declaring a biological corridor. The regulation is based on high seismic risk, landslides, and environmental fragility of the area connecting Poás Volcano National Park and the Central Volcanic Cordillera Conservation Area.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "04/02/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70675.json", "html_url": "/legal/doc/norm-70675", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70675&strTipM=TC&nValor3=0" }, { "id": "norm-70676", "citation": "Decreto 36642", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Specifications for Demarcating the Public Zone of the Maritime-Terrestrial Zone", "title_es": "Reglamento de Especificaciones para la Delimitación de la Zona Pública de la Zona Marítimo Terrestre", "summary_en": "This Regulation establishes the procedure and technical requirements for the demarcation of the public zone of the Maritime-Terrestrial Zone (MTZ) by the National Geographic Institute (IGN). Demarcation is the exclusive competence of the IGN and may be carried out using two methodologies: the traditional placement of georeferenced boundary markers or digital georeferenced demarcation without the need to install markers in the field. It regulates requests by municipalities, the ICT, or SINAC; the formation of the administrative file; cost calculation; contracting; and execution of works. Publication of the demarcation in the Official Gazette consolidates its legal status and is a prerequisite for the approval of survey plans. The decree repeals the previous regulation (Decree 31045) and incorporates the use of the official coordinate system CR05, enabling greater efficiency and technical certainty.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "28/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70676.json", "html_url": "/legal/doc/norm-70676", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70676&strTipM=TC&nValor3=0" }, { "id": "norm-70686", "citation": "Decreto 36654", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Utility Declaration of the Ojo de Agua de Sictaya Aqueduct Association", "title_es": "Declaratoria de Utilidad Pública de la Asociación Acueducto de Ojo de Agua de Sictaya", "summary_en": "Executive Decree N° 36654-JP declares the Ojo de Agua de Sictaya Aqueduct Association, legal ID 3-002-203775, registered since 1997, to be of public utility for the interests of the State. The declaration is based on Article 32 of the Associations Law, which empowers the Executive Branch to grant this recognition to associations whose activities are particularly useful to the State and help meet social needs. The association's purposes are detailed, including building and managing an aqueduct in Ojo de Agua, Sictaya, Turrialba, promoting community participation, collaborating with AyA on educational and outreach programs, and protecting water sources and watersheds in the region. The decree imposes the duty to submit annual reports to the Ministry of Justice and Peace and to register with the Associations Registry. Note that this norm was annulled by Article 1 of Executive Decree N° 45024 of May 6, 2025.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "05/05/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70686.json", "html_url": "/legal/doc/norm-70686", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70686&strTipM=TC&nValor3=0" }, { "id": "norm-70687", "citation": "Reglamento municipal 56", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Environmental Management Commission Regulation of the Municipality of Sarchí", "title_es": "Reglamento de la Comisión de Gestión Ambiental de la Municipalidad de Sarchí", "summary_en": "This regulation creates the Environmental Affairs Commission of the Municipality of Valverde Vega (Sarchí) as a permanent commission of the Municipal Council, pursuant to Article 49 of the Municipal Code. Its purpose is to advise the Council on environmental matters and promote environmental management guidelines and projects. It specifies composition by council members, with two-year appointments and mandatory participation from all parties. The commission can request technical advice from municipal staff and external institutions, and incorporate external advisors. Its functions include preparing annual work plans with budgets, coordinating with other municipal units and external entities, and submitting quarterly reports to the Council. The regulation also governs meeting procedures, quorum, notice, and report format, as well as the possibility of waiving the opinion process by qualified vote.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/05/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70687.json", "html_url": "/legal/doc/norm-70687", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70687&strTipM=TC&nValor3=0" }, { "id": "norm-70702", "citation": "Decreto 36657", "section": "norms", "doc_type": "executive_decree", "title_en": "Costa Rica-Brazil Technical Agreement on Protected Agriculture", "title_es": "Acuerdo Técnico Costa Rica-Brasil sobre Agricultura Protegida", "summary_en": "This executive decree approves and promulgates a Complementary Agreement to the Technical Cooperation Agreement between Costa Rica and Brazil, signed on April 4, 2011. The Agreement establishes the project 'Revitalization and Transfer of Knowledge for the Sustained Development of Costa Rican Protected Agriculture,' aimed at exchanging knowledge and experiences in protected agriculture through collaboration between specialists from both countries and the public and private sectors. The norm is based on Article II of the 1997 Agreement, which allows for biannual work plans and complementary agreements for specific projects.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70702.json", "html_url": "/legal/doc/norm-70702", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70702&strTipM=TC&nValor3=0" }, { "id": "norm-70704", "citation": "Decreto 36667", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Utility for the Gutiérrez and Bron Integrated Aqueduct Association", "title_es": "Declaratoria de Utilidad Pública de la ASADA de Gutiérrez y Bron", "summary_en": "This executive decree declares the Specific Association Managing the Integrated Aqueduct of the Communities of Gutiérrez and Bron, legal ID 3-002-198499, to be of public utility for the interests of the State. The decision is based on Article 32 of the Law on Associations, which empowers the Executive Branch to confer such status on associations whose activities help address pressing social needs. The decree confirms the association was registered on December 16, 2003, and that its statutory purposes encompass construction, operation, and administration of an aqueduct system, protection of water sources and watersheds, and community education on rational water use. It requires annual reporting to the Ministry of Justice and Peace and registration with the National Registry, effective upon publication. This decree was annulled by Executive Decree No. 44906 of January 14, 2025.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "08/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70704.json", "html_url": "/legal/doc/norm-70704", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70704&strTipM=TC&nValor3=0" }, { "id": "norm-70708", "citation": "Decreto 36657-A", "section": "norms", "doc_type": "executive_decree", "title_en": "Complementary Agreement on Technical Cooperation with Brazil on Protected Agriculture", "title_es": "Acuerdo Complementario de Cooperación Técnica con Brasil sobre Agricultura Protegida", "summary_en": "This decree enacts the Complementary Agreement to the Technical Cooperation Agreement between Costa Rica and Brazil for implementing the project \"Revitalization and Transfer of Knowledge for the Sustained Development of Costa Rican Protected Agriculture.\" Signed in Brasilia in 2011, the agreement establishes a framework for exchanging knowledge and experiences between Brazilian and Costa Rican specialists in protected agriculture, aiming to strengthen public-private relationships. It designates coordinating and executing institutions: for Costa Rica, the Directorate of International Cooperation of the Ministry of Foreign Affairs and the National Program for Agricultural Production under Protected Environments (ProNAP) of MAG; for Brazil, the Brazilian Cooperation Agency (ABC/MRE), EMBRAPA, and EMATER-DF. It details the obligations of each party, joint ownership of results, a two-year term automatically renewable until the objective is met, and diplomatic resolution of disputes. It excludes direct financial commitments and allows external resources. The decree declares it effective domestically and internationally.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70708.json", "html_url": "/legal/doc/norm-70708", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70708&strTipM=TC&nValor3=0" }, { "id": "norm-70715", "citation": "Decreto 36551", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Atmospheric Pollutant Emissions from Indirect-Type Boilers and Furnaces", "title_es": "Reglamento sobre Emisión de Contaminantes Atmosféricos Provenientes de Calderas y Hornos de Tipo Indirecto", "summary_en": "This Executive Decree sets maximum emission values for total suspended particulates, sulfur dioxide, and nitrogen oxides from indirect-type boilers and furnaces using fossil fuels, biofuels, or biomass. It classifies equipment into categories by capacity and establishes differentiated limits by fuel type and size. It creates an inter-institutional Technical Advisory Council and requires emitting entities to submit periodic operational reports to the Ministry of Health, including laboratory results, production records, and corrective action plans in case of non-compliance. The Ministry of Health performs cross-control through random sampling. It repeals the previous regulation and takes effect six months after publication. The decree was later repealed in 2022.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/04/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70715.json", "html_url": "/legal/doc/norm-70715", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70715&strTipM=TC&nValor3=0" }, { "id": "norm-70722", "citation": "Acuerdo 284", "section": "norms", "doc_type": "agreement", "title_en": "Declaration of Tourist Aptitude for the Nandayure Coastal Front", "title_es": "Declaratoria de Aptitud Turística del Frente Costero de Nandayure", "summary_en": "The Costa Rican Tourism Institute (ICT), at the request of the Municipality of Nandayure, through Agreement No. SJD-284-2011, rectified previous declarations of non-tourist aptitude for the sectors of Playa Corozalito, Playa Islita, and other areas of the maritime-terrestrial zone in the canton of Nandayure, Guanacaste. The agreement declares the coastal sectors between specific coordinates, including Berrugate Island, as having tourist aptitude, while excluding from tourist aptitude the portions adjacent to mangroves in the Gulf of Nicoya, as well as lands classified as State Natural Heritage by the Guanacaste Conservation Area. Areas affected by Articles 6 and 73 of the Maritime-Terrestrial Zone Law are also excluded. All previous declarations published in various official gazettes are repealed. The agreement is to be published in the Official Gazette La Gaceta.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "21/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70722.json", "html_url": "/legal/doc/norm-70722", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70722&strTipM=TC&nValor3=0" }, { "id": "norm-70747", "citation": "Ley 8966", "section": "norms", "doc_type": "law", "title_en": "Amendment to Article 17(e) of Law 5337 on JAPDEVA", "title_es": "Reforma al inciso e) del artículo 17 de la Ley N.º 5337 sobre JAPDEVA", "summary_en": "This law amends Article 17(e) of Law No. 5337, concerning the Board of Port Administration and Economic Development of the Atlantic Slope (JAPDEVA). The amendment adjusts JAPDEVA's powers to approve sales, enter into loans, issue bonds, and create encumbrances for the development of port infrastructure and equipment. It establishes that these operations may be carried out up to fifty percent of the entity's asset value, but if the transaction exceeds that percentage, prior approval of the Legislative Assembly is required. The purpose of the amendment is to provide a financial and administrative control framework for port management on the Atlantic Slope, limiting the Board's autonomy and ensuring legislative oversight for larger-scale operations. The amendment came into effect upon its publication in the official gazette La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70747.json", "html_url": "/legal/doc/norm-70747", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70747&strTipM=TC&nValor3=0" }, { "id": "norm-70753", "citation": "Acuerdo 151", "section": "norms", "doc_type": "agreement", "title_en": "Reform of fishing license requirements and social security", "title_es": "Reforma de requisitos para licencias de pesca y seguridad social", "summary_en": "Agreement 151 of the Board of Directors of INCOPESCA, issued on May 6, 2011, addresses two main issues in the renewal of fishing licenses under the Fishing and Aquaculture Law (Law 8436). First, it clarifies that fishing licenses may be renewed within two months after their expiration, based on a systematic interpretation of Articles 136 and 137 of the same law, which mention a two-month grace period for criminal purposes, and on prior administrative practice. Second, it standardizes the social security affiliation requirements, allowing fishermen to be registered under any regime of the Costa Rican Social Security Fund (self-employed, voluntary, collective, employee, state-covered, or pensioner), rather than only as self-employed or employers, thereby harmonizing regulations with other INCOPESCA rules such as the Fuel Regulation. It also commissions the Executive Presidency to consult the CCSS Legal Department.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/05/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70753.json", "html_url": "/legal/doc/norm-70753", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70753&strTipM=TC&nValor3=0" }, { "id": "norm-70754", "citation": "Acuerdo 164", "section": "norms", "doc_type": "agreement", "title_en": "Tuna fishing licenses with alternate satellite system", "title_es": "Licencias de pesca de atún con sistema satelital alterno", "summary_en": "INCOPESCA Agreement 164, dated May 6, 2011, addresses a compatibility issue between the satellite tracking system of the Costa Rican Institute of Fisheries and Aquaculture and that of foreign tuna purse-seine vessels applying for fishing licenses. Given the Central American satellite provider's inability to resolve the incompatibility within three months, the Board of Directors agreed that, exceptionally and on a one-time basis, a license may be granted if the shipowner proves an alternate satellite system and supplies the necessary access codes. This temporary permit is valid for a maximum of three months, during which the shipowner must arrange compatibility with INCOPESCA's system. The measure aims to avoid disrupting fishing operations while the technical problem is resolved, ensuring continued monitoring of activities in the exclusive economic zone. The agreement is final and ordered to be published.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/05/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70754.json", "html_url": "/legal/doc/norm-70754", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70754&strTipM=TC&nValor3=0" }, { "id": "norm-70755", "citation": "Acuerdo 166", "section": "norms", "doc_type": "agreement", "title_en": "Authorization for Commercial Underwater Fishing in Guanacaste", "title_es": "Autorización para pesca comercial subacuática en Guanacaste", "summary_en": "Agreement 166 authorizes the issuance of licenses and permits for commercial underwater fishing by divers in the Guanacaste area, from the Nicaraguan border to Punta Coyote. It was enacted to regulate fishers who historically harvested ornamental and reef fish by diving, and after that activity was closed, continued extracting commercially valuable species without proper permits, causing social and economic problems. Responding to a proposal by the Association of Divers of Guanacaste (ABUPANO), the Board of Directors of INCOPESCA aims to promote responsible, sustainable, and controlled fishing, setting requirements and technical conditions to be defined by the Technical General Directorate. Licenses are valid for six years, during which INCOPESCA will research the state of the resources. The agreement repeals a prior one due to possible legal defects while preserving its intent. Amendments include provisions for use of compressors and gaffs in diving activities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/05/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70755.json", "html_url": "/legal/doc/norm-70755", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70755&strTipM=TC&nValor3=0" }, { "id": "norm-70757", "citation": "Acuerdo 205", "section": "norms", "doc_type": "agreement", "title_en": "Methodology for assessing damages from violations of the Fisheries and Aquaculture Law", "title_es": "Metodología de valoración de daños por infracciones a la Ley de Pesca y Acuicultura", "summary_en": "This INCOPESCA Agreement No. 205 adopts an official methodology to quantify ecological and economic damages caused by violations of the Fisheries and Aquaculture Law (Law 8436) in Costa Rica's Pacific coastal zone. Developed by biologist Berny Marín Alpízar, the methodology sets out 16 ecological criteria to calculate an environmental damage percentage (e.g., license, season, gear type, species protection status, ecological role). It then multiplies that percentage by the commercial value of illegal catch and by the cost of state and community monitoring and surveillance, yielding total economic valuation. The purpose is to overcome impunity for marine ecosystem harm, enabling prosecutors and authorities to impose sanctions proportionate to the environmental injury. The document includes a worked example and a list of applicable legislation.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "environmental-law-7554" ], "date": "03/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70757.json", "html_url": "/legal/doc/norm-70757", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70757&strTipM=TC&nValor3=0" }, { "id": "norm-70758", "citation": "Acuerdo 231", "section": "norms", "doc_type": "agreement", "title_en": "Requirements for Issuing Sport Fishing Licenses", "title_es": "Requisitos para el otorgamiento de Licencias de Pesca Turística", "summary_en": "This document is a resolution by the Board of Directors of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) resolving an inter-institutional conflict with the Costa Rican Tourism Board (ICT) regarding the requirements for obtaining sport fishing licenses. It notes that INCOPESCA required a tourism declaration from ICT as a prerequisite, while ICT required a license from INCOPESCA first, creating a catch-22 that harmed applicants. The resolution authorizes INCOPESCA offices to issue sport fishing licenses provided other legal requirements are met, making full effectiveness conditional upon subsequent proof of registration with ICT. The measure aims to unblock the administrative procedure and prevent harm to applicants, applying Article 79 of the Fisheries and Aquaculture Law No. 8436.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70758.json", "html_url": "/legal/doc/norm-70758", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70758&strTipM=TC&nValor3=0" }, { "id": "norm-70761", "citation": "Reglamento municipal 60-1", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Municipal Regulation for Separated Waste Management in the Canton of Santa Ana", "title_es": "Reglamento Municipal para la Gestión Separada de los Residuos en el Cantón de Santa Ana", "summary_en": "This municipal norm establishes rules and procedures for the generation, separation, collection, and final disposal of solid waste in the canton of Santa Ana, under the Integrated Waste Management Law No. 8839. It defines responsibilities for generators, users, and authorized private collectors. Waste is classified as ordinary (organic and non-organic), special handling, and hazardous. It details permitted packaging types, schedules, locations, and conditions for municipal collection services (ordinary, recyclable materials, garden waste, and non-traditional). It expressly prohibits disposing of waste in unauthorized sites and regulates private collection through a municipal registry. A chapter on recoverable materials promotes recycling and environmental education. It includes fees, monitoring, and sanctions, referencing Law No. 8839 and the Organic Environmental Law No. 7554. It repeals the previous solid domestic waste regulation and includes a transitional provision for rate studies.", "primary_topic_id": "_off-topic", "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "21/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70761.json", "html_url": "/legal/doc/norm-70761", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70761&strTipM=TC&nValor3=0" }, { "id": "norm-70768", "citation": "Ley 8932", "section": "norms", "doc_type": "law", "title_en": "Law 8932 — Tax Exemption for Wastewater Treatment Systems", "title_es": "Ley 8932 — Exoneración de tributos para sistemas de tratamiento de aguas residuales", "summary_en": "Law 8932 declares wastewater treatment throughout the national territory to be of public utility and social interest, aiming to mitigate water resource pollution and promote sustainable development. It exempts the acquisition of wastewater treatment systems and their components, as well as materials and inputs directly incorporated into their construction, from selective consumption tax, the 1% tax under Law 6946, and ad valorem tax. The exemption applies to public sector institutions, foundations, and non-profit associations. The 2023 amendment expanded exemptions and established that misuse of exempted goods results in immediate loss of the benefit. The Ministry of Finance defines controls over use and destination, while the Ministries of Health and Agriculture apply sectoral controls. Additionally, the MEIC must regulate prices for these systems and their components. The law aims to incentivize investment in sanitation infrastructure to improve water quality and reduce pollution.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "24/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70768.json", "html_url": "/legal/doc/norm-70768", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70768&strTipM=TC&nValor3=0" }, { "id": "norm-70798", "citation": "Reglamento municipal 82", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Collection of Tax from Quarry and Mining Concessionaires in Paraíso", "title_es": "Reglamento para el Cobro del Impuesto a los Concesionarios de Canteras y Minas en Paraíso", "summary_en": "The Municipality of Paraíso approves this regulation establishing a municipal tax on the exploitation of quarries, public domain watercourses, placers, washing sites, and mines within its canton. The tax is calculated as a percentage of the sales tax paid on extracted material, or based on volume when no sale occurs. It sets out taxpayer obligations including sworn declarations, record-keeping, and timely payment. The municipality may verify compliance and determine tax obligations ex officio in case of non-compliance, with procedures for objection and judicial collection. This regulation repeals prior provisions and aligns with the Mining Code, Tax Code, and Municipal Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/05/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70798.json", "html_url": "/legal/doc/norm-70798", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70798&strTipM=TC&nValor3=0" }, { "id": "norm-70807", "citation": "Decreto 36574", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Interest Declaration Santa Elena Peninsula", "title_es": "Declaratoria de interés público Península Santa Elena", "summary_en": "Executive Decree 36574-MINAET (March 31, 2011) declares activities aimed at research, conservation, and dissemination concerning the Santa Elena Peninsula in Guanacaste to be of public interest. The peninsula lies within the Guanacaste Conservation Area, a UNESCO World Heritage Site since 1999, and possesses exceptional geological value: it is one of the few places on Earth where mantle rocks over 150 million years old are exposed, along with fossil reefs of the ancient Tethys Sea. The decree is grounded in Article 50 of the Constitution (right to a healthy environment) and the World Heritage Convention (ratified by Law 5980). It encourages academic institutions to collaborate with the Ministry of Environment in promoting research, conservation, and public education about the area’s natural, scientific, and historical heritage. The decree explicitly states that it does not impose additional measures or prohibitions beyond existing ones, nor does it restrict the economic and tourism development of the area.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "31/03/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70807.json", "html_url": "/legal/doc/norm-70807", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70807&strTipM=TC&nValor3=0" }, { "id": "norm-70810", "citation": "Decreto 36673", "section": "norms", "doc_type": "executive_decree", "title_en": "Citizen Education Project for Waste Management during the Pilgrimage", "title_es": "Proyecto de Educación Ciudadana para el Manejo de Residuos durante la Romería", "summary_en": "This executive decree, signed by the President and the Minister of Environment, Energy and Telecommunications, declares the 'Citizen Education Project for Waste Management during the Pilgrimage' as a matter of public and national interest. The initiative, coordinated by EARTH University and MINAET, addresses the massive annual pilgrimage to the Basilica of Our Lady of the Angels in Cartago, which generates thousands of kilograms of waste. The project aims to unify efforts of municipalities, NGOs, and private companies to develop an environmental education campaign for pilgrims, promoting efficient waste management and raising awareness of environmental degradation from poor waste handling at mass gatherings. Objectives include identifying and complementing existing actions, implementing the campaign during the days leading up to and including the pilgrimage (July 30-31 and August 1-2), and measuring results for public feedback. The decree authorizes public and private entities to contribute economic resources, within their means, to the activity's success.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "20/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70810.json", "html_url": "/legal/doc/norm-70810", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70810&strTipM=TC&nValor3=0" }, { "id": "norm-70822", "citation": "Decreto 3714-B", "section": "norms", "doc_type": "regulation", "title_en": "Regulation for Prevention and Control of Pollution in Ports Under INCOP Jurisdiction", "title_es": "Reglamento para la prevención y control de la contaminación en los puertos dados en concesión o bajo jurisdicción del INCOP", "summary_en": "This regulation, approved by the Board of Directors of the Costa Rican Pacific Ports Institute (INCOP) in 2014, establishes the normative framework for preventing, controlling, and sanctioning marine pollution from vessels, users, and service providers in Costa Rican Pacific ports under INCOP administration or concession. It defines key concepts such as hydrocarbons, harmful substances, hazardous waste, and contingency plan. It prohibits improper disposal of ordinary solid waste, liquid waste (bilge water, ballast, used oils), and hydrocarbon spills, referring to the IMDG Code for dangerous goods. It requires the service provider to have a contingency plan and an inventory of dangerous goods. It establishes a sanctioning regime including loss of berthing rights and the obligation to repair damages. Enforcement falls on the Port Directorate, the UTSC, and auxiliary entities such as MINAE, SETENA, and the Environmental Administrative Tribunal. An annex with the preliminary environmental contingency report format is included.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "23/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70822.json", "html_url": "/legal/doc/norm-70822", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70822&strTipM=TC&nValor3=0" }, { "id": "norm-70826", "citation": "Ley 8962", "section": "norms", "doc_type": "law", "title_en": "Donation of Municipal Land to the San José de la Montaña Aqueduct Association", "title_es": "Donación de terreno municipal a la Asociación Administradora del Acueducto de San José de la Montaña", "summary_en": "Law 8962 authorizes the Municipality of Barva de Heredia to donate a 220 m² plot to the San José de la Montaña Aqueduct Association. The property, located in the San José de la Montaña district, is to be used exclusively for the association's administrative offices and customer service. If the association dissolves or the property is used for unauthorized purposes, it will automatically revert to the municipality. This is a specific authorization law for a property transfer between public entities and a community water service organization, with reversion clauses to ensure public purpose. It does not address environmental or water resource management issues.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70826.json", "html_url": "/legal/doc/norm-70826", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70826&strTipM=TC&nValor3=0" }, { "id": "norm-70853", "citation": "Ley 8969", "section": "norms", "doc_type": "law", "title_en": "Concession and Operation of Tourist Marinas and Docks Law", "title_es": "Ley de Concesión y Operación de Marinas y Atracaderos Turísticos", "summary_en": "Law 8969 amends Law 7744 to regulate the concession in the maritime-terrestrial zone and other areas for the construction, administration, and operation of tourist marinas and docks. It establishes the Interinstitutional Commission for Tourist Marinas and Docks (CIMAT) as a technical body responsible for granting technical feasibility. Interested parties must first obtain an environmental viability permit from SETENA. The concession is processed before the respective municipality, requiring publication of edicts and allowing for opposition; for marinas, a public hearing is required. The law sets concession terms (maximum 35 years for marinas, renewable; minimum 15 years for marinas, 5 for docks) and regulates grounds for cancellation and extinction, including breach of environmental obligations. Concessions are prohibited in mangroves, national parks, biological reserves, areas with coral ecosystems, and on State Natural Heritage assets. Common-use areas of coastal cities are excluded. Operation must safeguard the environment.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554", "_off-topic" ], "date": "07/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70853.json", "html_url": "/legal/doc/norm-70853", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70853&strTipM=TC&nValor3=0" }, { "id": "norm-70858", "citation": "Decreto 36693", "section": "norms", "doc_type": "executive_decree", "title_en": "National Moratorium on Oil Exploration and Exploitation", "title_es": "Moratoria Nacional para la Exploración y Explotación Petrolera", "summary_en": "Executive Decree 36693-MINAET declares an indefinite national moratorium on oil exploration and exploitation in Costa Rica's continental and marine territory. Grounded in the State's constitutional authority over hydrocarbons, the right to a healthy environment, and the need to reassess the cost-benefit of extractive activities in light of environmental costs, the decree suspends all pending applications before the Hydrocarbons Directorate and SETENA. Vested rights predating the decree are respected, and concessionaires may opt into the moratorium. The decree's recitals underscore Costa Rica's shift toward renewable energy, climate action, and carbon neutrality, moving away from the extractive industry. This moratorium marks a milestone in the country's environmental policy, consistent with its international climate commitments.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "01/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70858.json", "html_url": "/legal/doc/norm-70858", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70858&strTipM=TC&nValor3=0" }, { "id": "norm-70859", "citation": "Decreto 36721", "section": "norms", "doc_type": "executive_decree", "title_en": "Vulnerability Assessment Model for Disaster Risk Applicable to Natural Hazards", "title_es": "Modelo de Valoración de Vulnerabilidad ante el Riesgo de Desastres aplicable a Amenazas Naturales", "summary_en": "This executive decree creates a vulnerability assessment model for disaster risk from natural hazards such as earthquakes, floods, and landslides. The National Commission for Risk Prevention and Emergency Response (CNE) is responsible for defining, coordinating, and administering the model, which must be evaluated and adjusted every two years. The model is mandatory for all State institutions in processes of territorial planning, human settlements and housing, public investment and infrastructure, and risk transfer mechanisms such as insurance. For the private sector, academic matters, and insurance regulation, the model is referential. It seeks to standardize the analysis of natural hazards to guide land-use planning, public and private investment, and safe development, recognizing the country's high vulnerability to catastrophic events.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "_off-topic" ], "date": "15/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70859.json", "html_url": "/legal/doc/norm-70859", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70859&strTipM=TC&nValor3=0" }, { "id": "norm-70860", "citation": "Reglamento municipal 37", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Integrated Solid Waste Management Regulation for the Canton of Talamanca", "title_es": "Reglamento para la Gestión Integral de Residuos Sólidos del Cantón de Talamanca", "summary_en": "This municipal regulation, approved by the Talamanca Council in 2011, establishes the integrated management of ordinary solid waste in the canton. It defines responsibilities for generators, collectors, and the Municipality; mandates source separation into organic, inorganic recyclable, and other waste for final disposal; sets collection frequencies; and prohibits mixing separated waste, burning waste, or depositing it in water bodies. The Environmental Management Unit is responsible for implementation, with the Municipality obliged to provide personnel and budget. Differentiated fees and sanctions are authorized under Law 8839 and the Municipal Code, including protective measures such as suspension of activities and permit cancellation. The regulation also addresses construction, bulky, hazardous, and infectious waste, referencing specific national regulations. Compliance is mandatory for all individuals and legal entities in the canton.", "primary_topic_id": null, "topic_ids": [], "date": "07/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70860.json", "html_url": "/legal/doc/norm-70860", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70860&strTipM=TC&nValor3=0" }, { "id": "norm-70866", "citation": "Decreto 026", "section": "norms", "doc_type": "regulation", "title_en": "Amendment to the Autonomous Regulation for Land Acquisition", "title_es": "Reforma al Reglamento Autónomo para la Adquisición de Tierras", "summary_en": "This agreement by the Board of Directors of the Agrarian Development Institute (IDA) adds a provision to Article 7 of the Autonomous Regulation for Land Acquisition, establishing substitute members for the Permanent Technical Commission for Farm Analysis and Qualification. Each full member will have a substitute who will replace them in case of absence, fully assuming the member's functions. Substitutes may be proposed by the Commission members themselves, but their formal appointment rests with the Executive Presidency. The amendment took effect upon publication in the Official Gazette and was approved unanimously. This modification aims to ensure the operational continuity of the Commission, preventing disruptions in land acquisition processes due to temporary absences of its members, without altering the substantive powers of the body or the nature of its decisions.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "18/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70866.json", "html_url": "/legal/doc/norm-70866", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70866&strTipM=TC&nValor3=0" }, { "id": "norm-70871", "citation": "Reglamento 0 (Instituto Costarricense de Pesca y Acuicultura, 01/07/2011)", "section": "norms", "doc_type": "regulation", "title_en": "Regulation for Suspension of Unloading of Fishery Products from Foreign Vessels", "title_es": "Reglamento para la suspensión de descarga de productos pesqueros de embarcaciones extranjeras", "summary_en": "This regulation by the Costa Rican Institute of Fisheries and Aquaculture (Incopesca) establishes the procedure for foreign-flagged vessels docked at Incopesca's Fishing Terminal in Puntarenas when, after having been authorized to unload fishery products, they decide to suspend the operation. It is based on the need to prevent violations of the FAO Code of Conduct for Responsible Fisheries and to ensure customs and police control. The regulation requires the owner or legal representative to submit a reasoned request to Incopesca, accompanied by documents from the General Directorate of Customs accepting withdrawal of the customs declaration, from the National Coast Guard Service certifying an inspection found no legal contraventions, and an international departure clearance from the Port Captaincy. Once requirements are met, Incopesca authorizes departure, without prejudice to customs formalities. Before departure, seals are placed on the holds containing product, which must remain intact. If the vessel re-enters a Costa Rican port without having first called at another declared destination, it must complete all procedures as if it were a first entry and unload only at authorized ports. Willful violation is classified as disobedience to authority and breaking of seals, invoking articles 307 and 312 of the Penal Code. The regulation takes effect upon publication in La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70871.json", "html_url": "/legal/doc/norm-70871", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70871&strTipM=TC&nValor3=0" }, { "id": "norm-70873", "citation": "Resolución 429", "section": "norms", "doc_type": "resolution", "title_en": "Officialization of the Guide for PGAI in the Public Sector", "title_es": "Oficialización de la Guía para los PGAI en el Sector Público", "summary_en": "This administrative resolution by the Ministry of Environment, Energy and Telecommunications (MINAET) officializes the Guide and necessary instruments for the preparation of Institutional Environmental Management Programs (PGAI) in the public sector of Costa Rica. It fulfills Articles 9 and 13 of Executive Decree No. 36499-S-MINAET, which establishes the Regulation for the preparation of PGAI. The regulation requires all public administration institutions to formulate, update and implement a PGAI as an internal environmental management tool. The Technical Evaluation Commission (CTE), created by Article 4 of the regulation, validated its own composition and agreed to approve and officialize the Guide. The document provides guidelines, manuals and other instruments as a basis for institutions to prepare their programs and progress reports. The Guide is available on the DIGECA website, though it is consulted independently in the system. The resolution orders publication in the Official Gazette La Gaceta.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "22/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70873.json", "html_url": "/legal/doc/norm-70873", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70873&strTipM=TC&nValor3=0" }, { "id": "norm-70878", "citation": "Ley 8970", "section": "norms", "doc_type": "law", "title_en": "Law 8970 — Irrigation debt forgiveness for members of the La Pradera Settlement Water Users' Society", "title_es": "Ley 8970 — Condena de deuda de riego a miembros de Sociedad de Usuarios de Agua del Asentamiento La Pradera", "summary_en": "Costa Rica's Legislative Assembly enacted Law 8970 in 2011, granting the National Groundwater, Irrigation and Drainage Service (SENARA) a one-time authorization to forgive all principal, current interest, and late-payment interest owed by the 21 named members of the La Pradera Settlement Water Users' Society. The debt arose from the execution of the La Pradera irrigation project and affected small farmers individually listed in the law. This special act provides targeted financial relief to a closed group without altering SENARA's general debt-collection rules. The law has immediate effect upon publication and requires no implementing regulations; it simply orders the total cancellation of all amounts due as of the law's effective date.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70878.json", "html_url": "/legal/doc/norm-70878", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70878&strTipM=TC&nValor3=0" }, { "id": "norm-70897", "citation": "Decreto 36703", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Interest for the I Agricultural, Forestry, and Environment Congress of the Brunca Region", "title_es": "Declaratoria de Interés Público del I Congreso Agropecuario, Forestal y del Ambiente Región Brunca", "summary_en": "This executive decree declares the I Agricultural, Forestry, and Environmental Congress of the Brunca Region (CONAGROF-BRUNCA 2011) to be of public interest, authorizing its realization. The declaration recognizes the importance of the event in promoting sustainable development of the agricultural, forestry, and environmental sectors in Costa Rica's Brunca Region, covering the cantons of Osa, Golfito, Corredores, Coto Brus, and Buenos Aires. The decree allows autonomous and semi-autonomous public institutions and state enterprises to support the event through economic or in-kind contributions within their legal capacity, and authorizes the Ministry of Agriculture and Livestock (MAG) and the Ministry of Environment, Energy, and Telecommunications (MINAET, now MINAE) to provide technical and logistical support. The regulation has three articles: declaration, authorization of state collaboration, and effectiveness. It is an administrative norm in force since publication in August 2011, typical of those endorsing technical congresses involving environmental and agricultural topics under the Executive Branch’s oversight.", "primary_topic_id": null, "topic_ids": [], "date": "15/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70897.json", "html_url": "/legal/doc/norm-70897", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70897&strTipM=TC&nValor3=0" }, { "id": "norm-70903", "citation": "Resolución 429-A", "section": "norms", "doc_type": "resolution", "title_en": "Guide for Environmental Management Programs in the Public Sector", "title_es": "Guía para Programas de Gestión Ambiental en el Sector Público", "summary_en": "Resolution 429-A of July 22, 2011, issued by the Ministry of Environment, Energy and Telecommunications (MINAET), establishes the \"Guide for the Elaboration of Environmental Management Programs in the Public Sector of Costa Rica.\" This regulation is mandatory for all public sector entities, which must formulate, implement, and evaluate an Environmental Management Program (PGA) as a systematic planning tool. The guide aims to integrate environmental considerations into institutional management, promoting rational resource use, pollution prevention, and compliance with environmental law. It includes stages such as diagnosis, definition of objectives and targets, execution of specific programs (e.g., water and energy conservation, waste management, sustainable procurement), and a monitoring and reporting system. The resolution comprises 10 articles and a detailed technical annex describing the minimum contents of the PGA. Its purpose is to move toward an environmentally responsible public sector, aligned with sustainable development principles and the National Climate Change Strategy.", "primary_topic_id": null, "topic_ids": [], "date": "22/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70903.json", "html_url": "/legal/doc/norm-70903", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70903&strTipM=TC&nValor3=0" }, { "id": "norm-70907", "citation": "Decreto 36622", "section": "norms", "doc_type": "executive_decree", "title_en": "Disposal of Confiscated Fishing Gear in Isla del Coco", "title_es": "Disposición de Artes de Pesca Decomisadas en Isla del Coco", "summary_en": "This decree authorizes the Isla del Coco Marine Conservation Area (ACMIC) to dispose of fishing gear confiscated within the Isla del Coco National Park. The regulation addresses the buildup of nets, lines, buoys, and other equipment seized from illegal fishers in the protected area. It establishes that such gear may be destroyed, donated to non-profit organizations, or used for environmental education and training purposes. Disposal requires prior technical assessment by ACMIC, authorization from the SINAC Executive Directorate, and coordination with the Ministry of Public Security if the gear poses a risk. Additionally, whenever offenders are identified, the corresponding prosecutor's office must be notified. The decree aims to streamline the handling of these materials, prevent environmental harm from their accumulation, and bolster conservation efforts at the World Heritage site.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70907.json", "html_url": "/legal/doc/norm-70907", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70907&strTipM=TC&nValor3=0" }, { "id": "norm-70908", "citation": "Decreto 36672", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Interest Declaration of the National Environmental Education Meeting 2011", "title_es": "Declaratoria de Interés Público del Encuentro Nacional de Educación Ambiental 2011", "summary_en": "Executive Decree No. 36672-MINAET declares the 'National Environmental Education Meeting 2011' of public interest, organized by the National Environmental Education Commission (CONEA), to be held September 28–30, 2011, in San José. The decree is based on Environmental Law No. 7554, which promotes the inclusion of the environmental variable in formal and non-formal education to achieve sustainable development, and Biodiversity Law No. 7788, which creates SINAC as the coordinating body of CONEA. It recognizes the meeting's objectives: reflecting on principles and approaches of environmental education, sharing experiences, showcasing program strengths, and promoting strategic alliances. It also authorizes public and private entities to contribute economic resources to the event. The decree serves a promotional and facilitative purpose, not a regulatory one, and aims to strengthen environmental education as a preventive strategy and tool for environmentally sustainable development.", "primary_topic_id": "_off-topic", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788", "_off-topic" ], "date": "25/05/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70908.json", "html_url": "/legal/doc/norm-70908", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70908&strTipM=TC&nValor3=0" }, { "id": "norm-70911", "citation": "Decreto 36696", "section": "norms", "doc_type": "executive_decree", "title_en": "SENARA 2011 Budget Increase", "title_es": "Ampliación presupuestaria SENARA 2011", "summary_en": "This executive decree increases the maximum budget expenditure of the National Groundwater, Irrigation, and Drainage Service (SENARA) for the 2011 fiscal year by ₡685,727,415.56. The measure is grounded in Law 8131 (General Law of Financial Administration and Public Budgets), Executive Decree 35821-H setting 2011 budget ceilings, and Executive Decree 32452-H regulating the use of surplus funds. The increase is financed by a specific surplus of ₡558,236,254.68—earmarked to continue projects such as PROGIRH, Limón Ciudad Puerto, and the IDA-SENARA agreement—and a free surplus of ₡127,491,160.88 to compensate landowners during the construction of the South Canal and secondary networks in the Lajas and Abangares irrigation districts. The decree emphasizes SENARA’s active administration’s duty to comply with Article 6 of Law 8131 and the surplus‑use regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70911.json", "html_url": "/legal/doc/norm-70911", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70911&strTipM=TC&nValor3=0" }, { "id": "norm-70912", "citation": "Decreto 36699", "section": "norms", "doc_type": "executive_decree", "title_en": "Increase of CONAGEBIO's Maximum Budget Expenditure for 2011", "title_es": "Ampliación del gasto presupuestario máximo de CONAGEBIO para 2011", "summary_en": "This executive decree increases the maximum budget expenditure authorized for the National Commission for Biodiversity Management (CONAGEBIO) in 2011, raising it by ₡31,701,005.67. The increase is based on a request from CONAGEBIO, endorsed by the Ministry of Environment, Energy and Telecommunications, to cover salary payments for the Technical Office from September through December. The funds come from the institution's specific surplus, in accordance with Article 20 of the Biodiversity Law, and their use is authorized under the guidelines of Executive Decree No. 32452-H, which permits the use of specific surpluses for operational expenses. The decree modifies the limit set by the General Budgetary Policy Guidelines for 2011 and establishes CONAGEBIO's responsibility to comply with the provisions of the Financial Administration Law and its regulations. The decree takes effect upon publication.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "11/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70912.json", "html_url": "/legal/doc/norm-70912", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70912&strTipM=TC&nValor3=0" }, { "id": "norm-70913", "citation": "Decreto 36701", "section": "norms", "doc_type": "executive_decree", "title_en": "Quarterly Update of the Single Fuel Tax — 1.39% Adjustment", "title_es": "Actualización trimestral del impuesto único por tipo de combustible — ajuste del 1.39%", "summary_en": "This executive decree updates the amount of the single tax per fuel type, both nationally produced and imported, applying a 1.39% adjustment based on the consumer price index variation between March and June 2011, as required by Article 3 of the Tax Simplification and Efficiency Law (Law No. 8114). It sets forth the new tax amounts in Costa Rican colones per liter for each fuel type (regular gasoline, super, diesel, asphalt, asphalt emulsion, bunker, LPG, Jet Fuel A1, Av Gas, kerosene, heavy diesel, heavy naphtha, and light naphtha), rounded to the nearest twenty-five cents according to the regulation. The decree repeals the previous update (Decree No. 36553-H) and takes effect on August 1, 2011. Its constitutional and legal basis lies in Articles 140(8) and (18) and 146 of the Political Constitution, the General Public Administration Law, and Law No. 8114.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70913.json", "html_url": "/legal/doc/norm-70913", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70913&strTipM=TC&nValor3=0" }, { "id": "norm-7092", "citation": "Decreto 16531", "section": "norms", "doc_type": "executive_decree", "title_en": "Expansion of Ostional National Wildlife Refuge", "title_es": "Ampliación del Refugio Nacional de Fauna Silvestre Ostional", "summary_en": "This 1985 executive decree modifies the boundaries of the Ostional National Wildlife Refuge on Costa Rica's Pacific coast. It expands the protected area to include a 200-meter wide coastal strip measured from the ordinary high tide line, extending from the left bank of the mouth of the Nosara River to Punta Guiones. The measure addresses the need to adequately protect nesting sites of the olive ridley sea turtle (Lepidochelys olivacea), as the previously designated area was deemed insufficient. The community of Nosara, through its Civic Association, had offered support for turtle protection and is formally integrated through volunteer guards coordinated by the refuge administration. The decree is based on the Wildlife Conservation Law No. 6919 and assigns oversight responsibility to the Wildlife Department, marking a milestone in community-based management of wildlife refuges in the country.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "18/07/1985", "year": "1985", "json_url": "/data/legal/docs/norm-7092.json", "html_url": "/legal/doc/norm-7092", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=7092&strTipM=TC&nValor3=0" }, { "id": "norm-70957", "citation": "Resolución 152", "section": "norms", "doc_type": "resolution", "title_en": "Reference Tariff Methodology for New Private Hydroelectric Generation Plants", "title_es": "Metodología tarifaria de referencia para plantas de generación privada hidroeléctricas nuevas", "summary_en": "Resolution RJD-152-2011 of the Public Services Regulatory Authority (ARESEP) establishes the reference tariff methodology for the purchase of electricity by the Costa Rican Institute of Electricity (ICE) from new private hydroelectric generators, under Chapter I of Law No. 7200. The methodology defines a tariff band —rather than a single or ceiling tariff— to encourage private investment in renewable energy and replace thermal generation. The band is based on average investment costs and their standard deviation, calculated from data of Central American and Costa Rican plants with capacities equal to or less than 20 MW. The model includes operating costs, capital recovery, profitability calculated using the CAPM method, and foresees the future incorporation of an environmental factor as a mandatory component under Article 31 of Law No. 7593. The resolution stems from a public hearing process with broad participation from opponents and supporters, whose arguments are analyzed and addressed. A dissenting vote is recorded, objecting to the band system and the omission of the environmental factor in the original methodology.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "10/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70957.json", "html_url": "/legal/doc/norm-70957", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70957&strTipM=TC&nValor3=0" }, { "id": "norm-70974", "citation": "Ley 8943", "section": "norms", "doc_type": "law", "title_en": "Law Declaring Los Crestones a National Symbol", "title_es": "Ley de Declaración de Los Crestones como Símbolo Patrio", "summary_en": "Law 8943 declares Los Crestones, iconic rock formations within Chirripó National Park, as a national symbol of Costa Rica. It authorizes the Costa Rican Tourism Institute (ICT) to promote Los Crestones as a country brand to boost tourism to Chirripó National Park and use it in tourism attraction campaigns. The law also instructs the Ministry of Public Education (MEP) to incorporate this symbol into educational programs as a cross-cutting theme in civics education, aiming to transmit knowledge, values, customs, and cultural, moral, and behavioral awareness to students. The law is primarily symbolic and promotional, without establishing environmental regulations, sanctions, or protected area management provisions. It reinforces the identity and touristic value of an outstanding natural feature of the national park but does not alter the legal protection regime of Chirripó or its ecosystems. It entered into force upon publication in April 2011.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/04/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70974.json", "html_url": "/legal/doc/norm-70974", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70974&strTipM=TC&nValor3=0" }, { "id": "norm-70975", "citation": "Ley 8968", "section": "norms", "doc_type": "law", "title_en": "Personal Data Protection Law", "title_es": "Ley de Protección de Datos Personales", "summary_en": "This law establishes the legal framework for personal data protection in Costa Rica, guaranteeing the right to informational self-determination for any person, regardless of nationality or residence. It regulates the automated or manual processing of personal data by public and private entities, requiring informed consent, data quality, and security measures. It creates the Data Protection Agency of the Inhabitants (Prodhab), a maximally deconcentrated body attached to the Ministry of Justice and Peace, with powers to oversee, sanction, and resolve complaints about data handling. The law classifies data as sensitive, restricted-access, and unrestricted-access, and establishes a regime of minor, serious, and very serious infractions with fines and suspensions. It also regulates data transfers and sets fees for regulation and commercialization. It is a public-order norm, of general application, seeking to balance privacy protection with other legitimate interests.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70975.json", "html_url": "/legal/doc/norm-70975", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70975&strTipM=TC&nValor3=0" }, { "id": "norm-70986", "citation": "Reglamento municipal 91", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Municipal Aqueduct Operation and Administration Regulation of the Municipality of Paraíso", "title_es": "Reglamento para Operación y Administración de Acueducto Municipal de la Municipalidad de Paraíso", "summary_en": "This municipal regulation establishes the rules for providing, billing, and collecting payment for potable water service in the canton of Paraíso. It defines key concepts such as subscriber, water connection, categories of use (residential, ordinary, reproductive, preferential, and government), and the procedures for requesting first-time service, including requirements like proof of ownership and being up to date with municipal taxes. It regulates temporary services, classification of uses and corresponding rates, and the metered system with hydrometers. It sets grounds for service suspension due to non-payment, defective installations, or unauthorized uses, and the subsequent administrative and judicial collection. It prohibits practices such as water resale, illegal connections, and the use of a single connection for multiple units. It also addresses lot segregation, urban developments, and the Municipality's duty to review rates annually. It was repealed by the 2020 regulation.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "05/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-70986.json", "html_url": "/legal/doc/norm-70986", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=70986&strTipM=TC&nValor3=0" }, { "id": "norm-71011", "citation": "Reglamento municipal 94", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Low-Impact Environmental Permit Processing of the Municipality of Paraíso", "title_es": "Reglamento de Trámite de Permisos de Bajo Trámite Ambiental de la Municipalidad de Paraíso", "summary_en": "This municipal regulation, approved on July 19, 2011, establishes the procedure for the Municipality of Paraíso to evaluate and grant environmental permits for activities, works, or projects classified as very low environmental impact by SETENA (resolutions 583-2008 and 2653-2008). It defines four activity categories: A (low impact, e.g., minor remodeling), B (medium-low, including single-family construction and timber extraction in pastures), C (medium-high, demolitions and water works), and D (considerable impact, commerce and industry). The document details requirements: a basic information form, a sworn statement of environmental commitments, a category-specific environmental assessment document, and mitigation guidelines. Municipal preventive guidelines prohibit location in environmentally fragile areas (Annex 3 of the EIA Regulation), aquifer recharge zones, earth movements exceeding 300 m³, and require a compliant land use certificate, a 500 m² construction limit, waste management, and compliance with noise standards. Non-compliance leads to non-conformity and permit denial. The regulation is grounded in constitutional Article 50 and key environmental laws, aiming to guarantee the right to a healthy environment through the application of the Code of Good Environmental Practices.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "19/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71011.json", "html_url": "/legal/doc/norm-71011", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71011&strTipM=TC&nValor3=0" }, { "id": "norm-71036", "citation": "Decreto 36694", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of CONAGEBIO member", "title_es": "Nombramiento de miembro de CONAGEBIO", "summary_en": "This executive decree appoints Walter Quirós Ortega as a full member of the National Commission for Biodiversity Management (CONAGEBIO), representing the Ministry of Agriculture and Livestock. The appointment is for a full three-year term, in accordance with Article 15 of the Biodiversity Law. The decree also repeals a prior appointment contained in Executive Decree No. 34944-MINAET. CONAGEBIO is a decentralized body of the Ministry of Environment, Energy and Telecommunications with functions related to conservation, ecologically sustainable use, and restoration of biodiversity.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "29/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71036.json", "html_url": "/legal/doc/norm-71036", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71036&strTipM=TC&nValor3=0" }, { "id": "norm-71037", "citation": "Decreto 36704", "section": "norms", "doc_type": "executive_decree", "title_en": "Appoints Member of the National Biodiversity Management Commission", "title_es": "Nombra miembro de la Comisión Nacional para la Gestión de la Biodiversidad", "summary_en": "Executive Decree 36704-MINAET, signed on June 23, 2011, by the President of the Republic and the Minister of Environment, Energy, and Telecommunications, appoints a proprietary member and two substitute members to the National Biodiversity Management Commission (CONAGEBIO). CONAGEBIO is a decentralized body of MINAET created by Biodiversity Law No. 7788, responsible for the conservation, ecologically sustainable use, and restoration of biodiversity—functions essential for the country's sustainable development. The decree is based on Articles 140(3) and (18) and 146 of the Political Constitution and Biodiversity Law No. 7788. It establishes that appointments are made for a full term of three years, in accordance with Article 15 of said law. Additionally, it repeals previous executive decrees No. 35125-MINAET (2009) and No. 35577-MINAET (2009), which had also appointed members. The decree is effective upon publication in La Gaceta. It should be noted that the articles designating the specific members were later repealed by decrees in 2014, so the current text of the decree is limited to the recitals and the term provision.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "23/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71037.json", "html_url": "/legal/doc/norm-71037", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71037&strTipM=TC&nValor3=0" }, { "id": "norm-71044", "citation": "Decreto 36743", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Utility for the Jabillos Rural Aqueduct Association", "title_es": "Declaración de Utilidad Pública de la Asociación Administradora del Acueducto Rural de Jabillos", "summary_en": "This executive decree declares the Jabillos Rural Aqueduct Association (legal ID 3-002-213392) to be of public utility for the interests of the State, under Article 32 of the Associations Law (No. 218 of August 8, 1939), which empowers the Executive Branch to grant such status to associations whose activities are particularly useful to state interests and help meet a social need. The decree notes that the association's purposes—building, managing, operating, and maintaining a rural aqueduct, protecting water sources and watersheds, and promoting community participation—address a first-order social need. The declaration requires the association to submit an annual report to the Ministry of Justice and Peace and to register the decree with the National Registry of Associations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71044.json", "html_url": "/legal/doc/norm-71044", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71044&strTipM=TC&nValor3=0" }, { "id": "norm-71063", "citation": "Directriz 007", "section": "norms", "doc_type": "directive", "title_en": "Directive 007 — Measures Against Bovine Spongiform Encephalopathy", "title_es": "Directriz 007 — Medidas contra la Encefalopatía Espongiforme Bovina", "summary_en": "Directive 007, issued by the National Animal Health Service (SENASA) on August 23, 2011, establishes a set of precautionary measures to prevent the introduction and spread of Bovine Spongiform Encephalopathy (BSE), known as \"mad cow disease,\" in Costa Rica. The regulation imposes restrictions on the importation of live animals, products, and by-products of bovine origin from countries with reported BSE cases, including an absolute ban on importing mammalian meat-and-bone meal for feeding ruminants. It also strengthens epidemiological surveillance through mandatory reporting of compatible neurological signs and sampling of at-risk cattle. The Directive has been declared no longer in force, having been replaced by subsequent regulations that updated sanitary controls.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71063.json", "html_url": "/legal/doc/norm-71063", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71063&strTipM=TC&nValor3=0" }, { "id": "norm-71064", "citation": "Ley 8956", "section": "norms", "doc_type": "law", "title_en": "Insurance Contract Regulatory Law", "title_es": "Ley Reguladora del Contrato de Seguros", "summary_en": "This law establishes the comprehensive legal framework for insurance contracts in Costa Rica, unifying and modernizing previous legislation. It defines essential elements, rights of the insured, disclosure duties, and regulates property and personal insurance. It is of indirect environmental interest in aspects such as civil liability coverage for environmental damage, insurance for the transport of hazardous goods, or health insurance related to environmental illnesses. The law does not directly address environmental issues, but its provisions on subrogation, duty of cooperation, and compensation criteria may be relevant in environmental litigation where insurers are involved.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71064.json", "html_url": "/legal/doc/norm-71064", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71064&strTipM=TC&nValor3=0" }, { "id": "norm-71075", "citation": "Decreto 36750", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of Transitional Procedure for Vehicle Technical Inspection of Small and Medium Agricultural Producers", "title_es": "Reforma Procedimiento Transitorio para RTV de Pequeños y Medianos Productores Agropecuarios", "summary_en": "This executive decree amends Article 3, subsection c) of Executive Decree No. 30709 of September 17, 2002, which established a transitional procedure for the vehicle technical inspection of vehicles belonging to small and medium agricultural producers. The reform extends the range of manufacturing years of vehicles eligible for exclusions from the gas emissions test, allowing models prior to the year 2005 inclusive. It is based on considerations of carbon sequestration in agricultural soils and the low polluting impact of the sector, as well as the economic difficulties of these producers in renewing their work vehicles. It does not address substantive environmental regulations beyond references to greenhouse gas mitigation and the function of agricultural soils as carbon sinks.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71075.json", "html_url": "/legal/doc/norm-71075", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71075&strTipM=TC&nValor3=0" }, { "id": "norm-71083", "citation": "Reglamento municipal 93", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Cartago Solid Waste Management Regulation", "title_es": "Reglamento de Residuos Sólidos de Cartago", "summary_en": "This municipal regulation governs integrated solid waste management in the Central Canton of Cartago, assigning responsibilities to generators, collectors, and the Municipality. It defines key concepts such as primary separation, recoverable and non-recoverable waste, and sets obligations for storage, collection, treatment, and final disposal. It promotes source separation, recycling, and environmental education as core strategies. The regulation prohibits burning waste, dumping it in water bodies or public roads, and the for-profit appropriation of recyclable materials. It also addresses special waste categories (construction, hazardous, infectious, non-traditional) and establishes an infraction and penalty regime in line with national legislation, including the Environmental Organic Law and the Municipal Code. Finally, it authorizes differentiated fees to finance the service and promotes incentives for sound environmental practices.", "primary_topic_id": null, "topic_ids": [], "date": "09/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71083.json", "html_url": "/legal/doc/norm-71083", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71083&strTipM=TC&nValor3=0" }, { "id": "norm-7109", "citation": "Ley 6936", "section": "norms", "doc_type": "law", "title_en": "1984 Budget Law", "title_es": "Ley de Presupuesto para 1984", "summary_en": "This law approves the 1984 fiscal year budgets for the Legislative Assembly and the Office of the Comptroller General, containing miscellaneous provisions on account management, fund transfers, procurement, and use of surpluses. It further authorizes the municipalities of Acosta and Alajuelita to repurpose previously allocated funds for local projects. This is an annual budget act with no substantive environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/12/1983", "year": "1983", "json_url": "/data/legal/docs/norm-7109.json", "html_url": "/legal/doc/norm-7109", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=7109&strTipM=TC&nValor3=0" }, { "id": "norm-71098", "citation": "Decreto 36681", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of Tapiria National Wildlife Refuge", "title_es": "Crea Refugio Nacional de Vida Silvestre Tapiria", "summary_en": "Executive Decree No. 36681-MINAET establishes the Tapiria National Wildlife Refuge, under state category, on a 129-hectare state-owned property in Sarapiquí, Heredia. The land is covered by tropical wet forest and wetlands and hosts significant biodiversity: 142 tree species (two vulnerable, one critically endangered), 22 non-flying mammal species, threatened birds such as the great green macaw and great curassow, and amphibians like the red-and-blue poison dart frog. The decree aims to ensure ecosystem representation within the protected areas system and to safeguard the area from land-use change. The refuge will be managed by SINAC through the Cordillera Volcánica Central Conservation Area, governed by a General Management Plan, with authorization to concession non-essential services. Its creation is grounded in the Wildlife Conservation Law, the Organic Environmental Law, and the Biodiversity Law and Decree 34433, having been approved by CONAC.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788", "environmental-law-7554" ], "date": "12/04/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71098.json", "html_url": "/legal/doc/norm-71098", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71098&strTipM=TC&nValor3=0" }, { "id": "norm-7110", "citation": "Ley 7012", "section": "norms", "doc_type": "law", "title_en": "Creation of the Golfito Free Commercial Zone", "title_es": "Creación Depósito Libre Comercial de Golfito", "summary_en": "Law 7012 authorizes the Executive Branch to establish a free commercial zone in the urban area of Golfito, aimed at stimulating economic progress, directing tourism development inland, and supporting areas affected by the withdrawal of the Costa Rican Banana Company. The law originally contained detailed provisions on its operation and administration, but the vast majority of its articles were repealed in 2016 by the Organic Law of JUDESUR (No. 9356). Currently, only Article 1, which establishes the authorization and objectives, and Article 14 bis, which regulates the renewal of concessions for operators who have completed ten years in the zone, remain in force. Renewal is conditioned on compliance with legal and regulatory obligations and future administrative contracting procedures.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/1985", "year": "1985", "json_url": "/data/legal/docs/norm-7110.json", "html_url": "/legal/doc/norm-7110", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=7110&strTipM=TC&nValor3=0" }, { "id": "norm-71103", "citation": "Resolución 028", "section": "norms", "doc_type": "resolution", "title_en": "Reform to Guidelines for Officialization of Biological Corridors", "title_es": "Reforma a los Lineamientos para la Oficialización de Corredores Biológicos", "summary_en": "Resolution R-SINAC-CONAC-028-2011 reforms the 2009 guidelines for the officialization of biological corridors in Costa Rica. The changes update documentary requirements: official forms for the Technical Profile and General Information of the Local Council are specified, available online, and it is established that the boundary map will be incorporated into the National Biological Corridors Map, which will be reviewed annually. It clarifies that corridors included in said map are the official ones of the country. Additionally, a deadline of December 31, 2011 is granted for active Local Commissions to adjust to the figure of Local Councils, promoting representativeness and participation in territorial management. The reform aims to standardize information, provide public access to technical documentation, and consolidate biological corridors as tools for connectivity and biodiversity conservation.", "primary_topic_id": "biological-corridors", "topic_ids": [ "biological-corridors", "biodiversity-law-7788" ], "date": "30/05/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71103.json", "html_url": "/legal/doc/norm-71103", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71103&strTipM=TC&nValor3=0" }, { "id": "norm-71105", "citation": "Decreto 36727", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Seamounts Marine Management Area Decree", "title_es": "Reforma al Decreto del Área Marina de Manejo Montes Submarinos", "summary_en": "This executive decree amends Article 1 of Decree No. 36452-MINAET, which established the Seamounts Marine Management Area. The reform corrects a technical error in the original delimitation that did not exclude the area corresponding to Cocos Island National Park. With the amendment, it is clarified that the Seamounts Marine Management Area covers 9,640 km² in the jurisdictional waters adjacent to the park but expressly excludes the insular territory of Cocos Island and the 12 nautical miles around the island, as defined by Executive Decree No. 29834-MINAE. This ensures that Cocos Island National Park retains its management category as a protected wilderness area, respecting its creation through Executive Decree No. 8748 and ratification by Law No. 6794.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/06/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71105.json", "html_url": "/legal/doc/norm-71105", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71105&strTipM=TC&nValor3=0" }, { "id": "norm-71120", "citation": "Decreto 36738", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Stockholm Convention on Persistent Organic Pollutants", "title_es": "Reforma Convenio de Estocolmo sobre Contaminantes Orgánicos Persistentes", "summary_en": "This executive decree formally incorporates into Costa Rican law a series of new persistent organic pollutants (POPs) added during the fourth Conference of the Parties to the Stockholm Convention in 2009. The regulation approves decisions SC-4/10 through SC-4/18, which include substances such as alpha and beta hexachlorocyclohexane, chlordecone, hexabromobiphenyl, hexabromodiphenyl ether, lindane, pentachlorobenzene, perfluorooctane sulfonic acid (PFOS), and tetrabromodiphenyl ether. Most of these compounds are added to Annex A of the Convention (elimination of production and use) with no specific exemptions, while PFOS is added to Annex B with limited acceptable purposes. The measure follows the amendment procedure of Article 22(3) of the Convention and is grounded on the State's duty to protect the environment as a fundamental right.", "primary_topic_id": "_off-topic", "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "21/02/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71120.json", "html_url": "/legal/doc/norm-71120", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71120&strTipM=TC&nValor3=0" }, { "id": "norm-71141", "citation": "Decreto 36764", "section": "norms", "doc_type": "executive_decree", "title_en": "State Policy for the Agrifood Sector and Rural Development 2010-2021", "title_es": "Política de Estado para el Sector Agroalimentario y Desarrollo Rural 2010-2021", "summary_en": "Executive Decree 36764-MAG, issued on July 27, 2011, declares of public interest and formalizes the State Policy for the Costa Rican Agrifood Sector and Rural Development 2010-2021. The decree defines the agrifood sector as all primary production, transformation, and commercialization activities for agricultural, livestock, aquaculture, and fishery products, while rural development encompasses transformations to improve quality of life in rural territories in a sustainable manner. The policy is built on four strategic pillars: competitiveness; innovation and technological development; rural territory management and family farming; and climate change and agri-environmental management, with an overarching institutional alignment axis. Its objectives include raising living standards for the sector's population, boosting competitiveness, fostering technology development, promoting balanced rural territorial development, and advancing climate change adaptation and mitigation. The decree requires public sector institutions to realign actions and resources accordingly.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71141.json", "html_url": "/legal/doc/norm-71141", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71141&strTipM=TC&nValor3=0" }, { "id": "norm-71151", "citation": "Decreto 37", "section": "norms", "doc_type": "regulation", "title_en": "Regulation for Assignment, Use, Custody, and Conservation of MINAET Cell Phones", "title_es": "Reglamento para la asignación, uso, custodia y conservación de los teléfonos celulares del MINAET", "summary_en": "This ministerial regulation, Decree 37 of MINAET (DAJ-REGLAMENTO-37-2011), establishes the internal rules for the assignment, use, custody, and conservation of cell phones owned by the Ministry of Environment, Energy, and Telecommunications. It defines which officials are fully entitled to a cell phone (Minister, Vice Ministers, Chief Clerk) and the express authorization procedure for other officials, subject to reasonableness principles. It details the official's exclusive responsibilities for the device, including loss or damage, and the administrative procedures for incident reporting, salary deductions for replacement, and monthly tariff limits based on position type. It includes the obligation to return the phone upon leaving the ministry or during extended absences, and provides for disciplinary, civil, and criminal sanctions for non-compliance. SINAC manages its own cell phones independently due to its instrumental legal status and separate budget.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71151.json", "html_url": "/legal/doc/norm-71151", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71151&strTipM=TC&nValor3=0" }, { "id": "norm-71157", "citation": "Decreto 36740", "section": "norms", "doc_type": "executive_decree", "title_en": "Setting of INCOPESCA Board of Directors Diets", "title_es": "Fijación de dietas de la Junta Directiva de INCOPESCA", "summary_en": "This executive decree, issued by the President of the Republic and the Minister of Agriculture and Livestock, sets the amount of the per diem compensation (dietas) that members of the Board of Directors of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) will receive for attending sessions. The amount is established at ₡42,288.00 colones, adjusted according to the cumulative inflation rate as of December 2010, based on data from the Central Bank of Costa Rica. It specifies that only members who attend punctually and alternates who substitute absent permanent members are entitled to the per diem. The decree repeals the previous regulation (Executive Decree 35241-MAG) and takes effect upon publication. This administrative act is purely budgetary and organizational, with no direct environmental implications.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71157.json", "html_url": "/legal/doc/norm-71157", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71157&strTipM=TC&nValor3=0" }, { "id": "norm-71162", "citation": "Decreto 36773", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Utility for the Matapalo Aqueduct and Sanitary Sewer Administrative Association", "title_es": "Declaratoria de Utilidad Pública de la Asociación Administradora del Acueducto y Alcantarillado Sanitario de Matapalo", "summary_en": "Executive Decree No. 36773-JP declares the Administrative Association of the Matapalo Aqueduct and Sanitary Sewer of public utility for the interests of the State. The association is located in Savegre district, Aguirre canton, Puntarenas province. The declaration is based on Article 32 of the Associations Law, which empowers the Executive Branch to grant such recognition to associations whose activities help solve social needs. The association's purposes include administering, operating, and maintaining the aqueduct and sewer systems, community participation, education, cooperation with the Costa Rican Institute of Aqueducts and Sewers (AyA), and protecting watersheds and ecological stability. The decree requires the association to submit annual reports to the Ministry of Justice and Peace and to register the corresponding testimony in the Associations Registry. This decree was later repealed by Article 1 of Executive Decree No. 45030 dated February 26, 2025.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71162.json", "html_url": "/legal/doc/norm-71162", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71162&strTipM=TC&nValor3=0" }, { "id": "norm-71196", "citation": "Decreto 36782", "section": "norms", "doc_type": "executive_decree", "title_en": "Fisheries and Aquaculture Law Regulation", "title_es": "Reglamento a la Ley de Pesca y Acuicultura", "summary_en": "This executive decree implements the Fisheries and Aquaculture Law No. 8436, establishing the comprehensive regulatory framework for fishing and aquaculture in Costa Rica. It defines concepts, types of fishing (commercial, tourist, sport, subsistence), and regulates key aspects such as shark conservation, mandatory use of turtle excluder devices and bycatch reduction devices in shrimp trawling, and closed seasons. It assigns competencies to INCOPESCA, MINAE, the National Coast Guard Service, and other entities for control, research, and licensing. The regulation introduces the ecosystem and precautionary approaches, and devotes chapters to tuna fishing (including the controversial purse seine) and satellite tracking of the tuna fleet. It incorporates 2025 amendments that adjust purse seine zoning, create business development programs, and consolidate the national tuna fleet. It repeals prior rules and standardizes administrative sanctioning procedures and registry requirements.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "24/05/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71196.json", "html_url": "/legal/doc/norm-71196", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71196&strTipM=TC&nValor3=0" }, { "id": "norm-71202", "citation": "Ley 8990", "section": "norms", "doc_type": "law", "title_en": "Administrative Simplification and Regulatory Improvement Law", "title_es": "Ley de Simplificación de Trámites y Mejora Regulatoria", "summary_en": "Law No. 8990 amends Law No. 8220, 'Protection of Citizens from Excessive Administrative Requirements and Procedures.' It mandates that all procedures or requirements imposed on citizens must be based on a law, executive decree, or regulation, and published in the official gazette, as well as disseminated electronically. It creates an obligation to clearly inform citizens about procedures, assigns a numbered and paginated file for traceability, and establishes positive administrative silence: if the legal deadline expires without a response, applications for permits, licenses, or authorizations are deemed approved through a sworn statement by the applicant. A single opportunity to correct omitted requirements is provided, after which no new deficiencies may be raised. It reinforces the administrative, civil, and criminal liability of non-compliant public officials and designates MEIC as the regulatory improvement authority, requiring cost-benefit analysis before issuing new regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71202.json", "html_url": "/legal/doc/norm-71202", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71202&strTipM=TC&nValor3=0" }, { "id": "norm-71210", "citation": "Acuerdo 0 (Instituto Costarricense de Turismo, 21/09/2011)", "section": "norms", "doc_type": "agreement", "title_en": "Sworn Declaration for Tourism Sustainability Certification", "title_es": "Declaración Jurada para la Certificación de Sostenibilidad Turística", "summary_en": "This document is a resolution of the Costa Rican Tourism Board (ICT) establishing a model sworn declaration that tour operator agencies must submit when applying for the Certification for Tourism Sustainability (CST). Under oath, the company's legal representative declares that the agency complies with an extensive list of current environmental and sectoral legislation in Costa Rica, including laws on wildlife, fisheries, biodiversity, protected areas, water, health, and archaeological heritage, as well as various decrees and INCOPESCA agreements. The company must also prove it is current with ICT taxes and CCSS contributions, and commits to maintaining compliance during the certificate's validity, as a sine qua non requirement. It designates means for notifications and obliges updates. Notarial authentication instructions are included.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71210.json", "html_url": "/legal/doc/norm-71210", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71210&strTipM=TC&nValor3=0" }, { "id": "norm-71211", "citation": "Acuerdo 0 (Instituto Costarricense de Turismo, 05/10/2011)", "section": "norms", "doc_type": "agreement", "title_en": "Certification for Sustainable Tourism (CST) Standard for Lodging Establishments", "title_es": "Norma de Certificación para la Sostenibilidad Turística (CST) para Establecimientos de Hospedaje", "summary_en": "This document from the Costa Rican Tourism Board (ICT) establishes the technical standard for lodging establishments to obtain the Certification for Sustainable Tourism (CST). It outlines registration requirements, a sworn statement where the applicant commits to comply with environmental and tourism legislation, and an evaluation system based on 27 thematic areas grouped into physical-biological, service plant, external client, and socioeconomic scopes. Each area contains specific weighting criteria, compliance questions, and recommended practices, covering topics from environmental management, water and energy conservation, and waste management, to corporate social responsibility, community engagement, and cultural heritage protection.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575", "wildlife-law-7317" ], "date": "05/10/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71211.json", "html_url": "/legal/doc/norm-71211", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71211&strTipM=TC&nValor3=0" }, { "id": "norm-71214", "citation": "Ley 8967", "section": "norms", "doc_type": "law", "title_en": "Law 8967 — IDB Loan for Tourism in Protected Wild Areas", "title_es": "Ley 8967 — Préstamo BID para Turismo en Áreas Silvestres Protegidas", "summary_en": "Law 8967 approves Loan Contract No. 1824/OC-CR between the Republic of Costa Rica and the Inter-American Development Bank (IDB) for up to US$19 million, to finance the Tourism in Protected Wild Areas Program. It designates SINAC as the executing agency and establishes a special regulatory framework for program execution, including the precedence of IDB procurement procedures over national law, tax exemptions, prohibitions on negotiators participating in consulting, and transparency and accountability obligations. The law requires compliance with CCSS (Social Security) and tax obligations for contractors, and conditions any project in protected wild areas on compliance with Article 18 of the Forestry Law and Article 39 of the Biodiversity Law. It also includes an interpretive clause prioritizing local community organizations in contracts and concessions for non-essential services within state protected wild areas.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788", "environmental-law-7554" ], "date": "10/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71214.json", "html_url": "/legal/doc/norm-71214", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71214&strTipM=TC&nValor3=0" }, { "id": "norm-71217", "citation": "Ley 8967-A", "section": "norms", "doc_type": "law", "title_en": "Loan Contract 1824/OC-CR for Tourism Program in Protected Wilderness Areas", "title_es": "Contrato de Préstamo 1824/OC-CR para Programa de Turismo en Áreas Silvestres Protegidas", "summary_en": "This law approves Loan Contract No. 1824/OC-CR between the Government of Costa Rica and the Inter-American Development Bank (IDB), for US$19 million to finance the Tourism in Protected Wilderness Areas Program (ASP). The program aims to consolidate sustainable tourism in state ASPs as a management tool, contributing to local socioeconomic development and natural resource conservation. Execution is led by SINAC, with participation from the Costa Rican Tourism Institute (ICT) and beneficiary municipalities. The loan finances tourism infrastructure investments inside and around ASPs, strengthening of tourism planning and management, and institutional development of SINAC. The contract includes financial conditions, procurement procedures, environmental and social impact assessments, and monitoring, evaluation and auditing mechanisms.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "10/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71217.json", "html_url": "/legal/doc/norm-71217", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71217&strTipM=TC&nValor3=0" }, { "id": "norm-71225", "citation": "Acuerdo 0 (Ministerio de Salud, 06/10/2011)", "section": "norms", "doc_type": "agreement", "title_en": "Clarification of Requirements for Registration of Household and Professional Pesticides", "title_es": "Aclaración sobre requisitos para registro de plaguicidas de uso doméstico y profesional", "summary_en": "The Ministry of Health clarifies to interested parties that, pursuant to the Law for Protection of Citizens from Excessive Administrative Requirements and Procedures and the Central American Technical Regulation RTCA 65.03.44:07, the requirements set forth therein must be met for the registration of household and professional use pesticides. It specifies that while the Ministry of Health does not have an official laboratory, points 5.1.8 and 5.1.9 of Article 5 of the regulation do not apply in Costa Rica, but point 5.1.7 does apply. Additionally, the form in Annex A of the RTCA is adopted with detailed instructions for its completion, including details of the registrant, establishment, legal representative, responsible professional, product, toxicological category, and sworn statements according to the type of application. The clarification was corrected by means of an errata published subsequently.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/10/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71225.json", "html_url": "/legal/doc/norm-71225", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71225&strTipM=TC&nValor3=0" }, { "id": "norm-71231", "citation": "Decreto 36766", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of National Convenience and Public Interest for the Cachí Hydroelectric Plant Modernization and Expansion Project", "title_es": "Declaratoria de Conveniencia Nacional e Interés Público del Proyecto Modernización y Ampliación Planta Hidroeléctrica Cachí", "summary_en": "Executive Decree 36766-MINAET declares the construction of the Cachí Hydroelectric Plant Modernization and Expansion Project, located in Cartago province, to be of national convenience and public interest. The decree is grounded in Articles 19(b) and 34 of Forestry Law 7575, which allow exceptions to the prohibition on land-use change and tree cutting in forests and protection areas for projects so declared. It authorizes the Costa Rican Electricity Institute (ICE) to execute the works, including a parallel tunnel, surge tank, penstock, and an annex building, increasing installed capacity by 160 MW. The decree also permits cutting of protected or endangered tree species and use of excavation debris without commercial mining purposes. It mandates priority and expedited processing by public entities for ICE's procedures, and is part of national policy to replace fossil fuels with renewable sources. The project has environmental viability approval from SETENA and an Environmental Management Plan.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "24/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71231.json", "html_url": "/legal/doc/norm-71231", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71231&strTipM=TC&nValor3=0" }, { "id": "norm-71263", "citation": "Acuerdo 333", "section": "norms", "doc_type": "agreement", "title_en": "Addition of annual evaluation to the Tárcoles Marine Area", "title_es": "Adición de evaluación anual al AMPR de Tárcoles", "summary_en": "Agreement 333 of the Board of Directors of INCOPESCA, issued on September 16, 2011, modifies Agreement AJDIP/193-2011, which established the Tárcoles Responsible Fishing Marine Area. A new Article 3 bis is added, mandating an evaluation at the end of one year of the total ban on artisanal small-scale and trawl fishing in the area. The evaluation's purpose is to determine, based on biological information gathered during that period, whether to maintain the ban, modify it, or establish other management measures. It will also assess whether fishing should be allowed in the zone and under what conditions, whether total or temporary. The agreement clarifies that this provision should not be interpreted as an express, tacit, or indefinite exclusion of the shrimp trawl fleet, the purse seine sardine fleet, or the small-scale commercial fleet from the closed area after the one-year period. The agreement aims to balance conservation of marine resources with the right to dignified work and a healthy environment, in line with Articles 50 and 56 of the Constitution.", "primary_topic_id": null, "topic_ids": [], "date": "16/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71263.json", "html_url": "/legal/doc/norm-71263", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71263&strTipM=TC&nValor3=0" }, { "id": "norm-71266", "citation": "Acuerdo 330", "section": "norms", "doc_type": "agreement", "title_en": "INCOPESCA 2012 Fee Schedule", "title_es": "Tarifas de INCOPESCA 2012", "summary_en": "INCOPESCA Board Agreement 330, dated September 16, 2011, sets the fees for goods and services provided by the institute, effective January 1, 2012. The regulation lists prices for a wide range of items, including fish fry and other aquaculture products; commercial, sport, and tourist fishing licenses; extraction permits; authorizations for marketing, processing, transport, export, and import of fishery products; vessel inspections; identification cards for crew, captains, and cetacean observers; and port services such as docking, wharfage, water, and electricity. It also includes operational rules on inspection hours, fractional time charges, service suspension for non-payment, use of tourist cards, and exemptions for scientific vessels. The agreement repeals earlier accords AJDIP/393-2010 and AJDIP/399-2010.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71266.json", "html_url": "/legal/doc/norm-71266", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71266&strTipM=TC&nValor3=0" }, { "id": "norm-71269", "citation": "Reglamento municipal 74", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Poás Canton Zoning Regulation for the Protection of Springs and Aquifers", "title_es": "Reglamento de Zonificación de Áreas de Reserva y Protección de Manantiales y Acuíferos del Cantón de Poás", "summary_en": "This municipal regulation establishes zoning for the Poás canton to control land use based on the protection of water resources. Drawing on an aquifer vulnerability map prepared by SENARA following an order by the Constitutional Chamber (Vote 1923-2004), it classifies the territory into residential, mixed-use, industrial, agricultural, protection, and other zones. It sets urban planning parameters like density, height, and setbacks, and creates specific protection zones for springs, rivers, streams, and geological faults. The regulation includes a Land Use Criteria Matrix that conditions productive activities —urban development, livestock, agriculture, industry— according to the aquifer's vulnerability level, prohibiting activities in areas of extreme vulnerability and requiring mitigation measures elsewhere. The goal is to control urban growth and economic activities to preserve the quantity and quality of groundwater, in compliance with environmental legislation and constitutional mandates.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "27/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71269.json", "html_url": "/legal/doc/norm-71269", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71269&strTipM=TC&nValor3=0" }, { "id": "norm-71272", "citation": "Decreto 36801", "section": "norms", "doc_type": "executive_decree", "title_en": "Organizational Structure Regulation of the State Phytosanitary Service", "title_es": "Reglamento de la Estructura Organizativa del Servicio Fitosanitario del Estado", "summary_en": "This decree establishes the internal organization of the State Phytosanitary Service (SFE), attached to the Ministry of Agriculture and Livestock, pursuant to the Phytosanitary Protection Law No. 7664. It defines a structure with a Directorate, support units (Planning, Legal, Service Comptroller, Technology), Internal Audit, and nine departments: Administrative-Financial, Laboratories, Agrochemicals and Equipment, Regional Operations, Standards and Regulations, Biotechnology, Phytosanitary Certification, and Phytosanitary Control. Each department and unit details its competencies and functions, ranging from registration and inspection of agrochemicals, pest diagnosis, residue analysis, biological control, to phytosanitary certification for export and control at points of entry. The regulation aims to organize SFE functions to meet agricultural sector demand, international commitments such as the SPS-WTO Agreement and IPPC-FAO, and modernize administrative and technical management. It repeals Decrees No. 32994-MAG and partially No. 26921-MAG, and substitutes functions assigned in other regulations. The decree was repealed in 2024 by Decree No. 44748.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71272.json", "html_url": "/legal/doc/norm-71272", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71272&strTipM=TC&nValor3=0" }, { "id": "norm-71273", "citation": "Decreto 36803", "section": "norms", "doc_type": "executive_decree", "title_en": "Transfer of Funds from the Banana Rehabilitation Fund to the Banana Contingency Fund", "title_es": "Traslado de fondos del Fondo de Rehabilitación Bananera al Fondo de Contingencias Bananeras", "summary_en": "This executive decree orders the transfer of financial resources from the Fund for Credit Financing for Banana Rehabilitation due to Natural Phenomena to the Banana Contingency Fund. The specific purpose is to settle outstanding debts for employer contributions, interest, and other charges that the company Fiduciaria Bananera del Sur S.A. (and its subsidiaries) owes to the Costa Rican Social Security Fund. The rule is based on the need to fulfill previously assumed labor and social security obligations, given the insufficiency of resources in the Banana Contingency Fund. The National Banana Corporation is instructed to execute the transfers and payments within two months. The decree was later repealed in 2019 by Executive Decree No. 42037.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/10/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71273.json", "html_url": "/legal/doc/norm-71273", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71273&strTipM=TC&nValor3=0" }, { "id": "norm-71287", "citation": "Acuerdo 70", "section": "norms", "doc_type": "agreement", "title_en": "Management System to Demonstrate Carbon Neutrality — Requirements", "title_es": "Sistema de Gestión para demostrar la C-Neutralidad. Requisitos", "summary_en": "Ministerial agreement that officializes the voluntary national standard INTE 12-01-06:2011, which sets requirements for organizations to implement a management system demonstrating carbon neutrality. It establishes an institutional framework comprising a Carbon Board as the executive guarantor body and a National Registry of Emissions, Reductions, and Offsets, administered by the Climate Change Directorate, to track and prevent double counting in the domestic carbon market. The government-registered C-Neutral mark will be granted by MINAET to those meeting requirements and presenting certification from third-party bodies accredited by the Costa Rican Accreditation Entity (ECA). It also provides the basis for Costa Rican Compensation Units (UCC). This agreement is an early step toward the national goal of carbon neutrality by 2021.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "20/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71287.json", "html_url": "/legal/doc/norm-71287", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71287&strTipM=TC&nValor3=0" }, { "id": "norm-71344", "citation": "Reglamento municipal 22-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Osa Park Maintenance Fee Regulation", "title_es": "Reglamento para la tasa de mantenimiento de parques de Osa", "summary_en": "This municipal regulation of the Osa canton established a mandatory quarterly fee for all taxpayers in the canton's districts, intended to finance the technical and artisanal maintenance of public parks and green areas. It defined a park or green area as public-domain real property for citizen recreation, with amenities such as benches, playgrounds, drinking fountains, and lighting. It prohibited destruction of vegetation and ornamental works in those spaces. The fee amount was based on the municipality's effective cost plus a ten percent profit for development, distributed among taxpayers according to the model in Article 74 of the Municipal Code. Collection was quarterly via a single receipt, with default interest under the Tax Code, and debts constituted a preferential legal lien on real estate. It required maintaining street furniture in good condition and held accountable those who damaged it. It ordered preventive measures during mass public events to protect trees and furniture. This norm was repealed in 2015 by a later regulation that expanded the fee to cover cleaning of roads, parks, green areas, and beaches of the Maritime Terrestrial Zone.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71344.json", "html_url": "/legal/doc/norm-71344", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71344&strTipM=TC&nValor3=0" }, { "id": "norm-71365", "citation": "Directriz 008", "section": "norms", "doc_type": "directive", "title_en": "Extension of Directive on Classification of Veterinary Medicines Containing Ivermectin", "title_es": "Prorroga de Directriz sobre Clasificación de Medicamentos Veterinarios con Ivermectina", "summary_en": "This document is Directive SENASA-DG-D008-2011 issued by the General Directorate of the National Animal Health Service (SENASA) of Costa Rica's Ministry of Agriculture and Livestock. It extends, for a single one-month period, the effective date of Directive SENASA-DG-D003-2011, which established guidelines to classify veterinary drugs containing active ingredients such as ivermectin, doramectin, moxidectin, and abamectin into Group 2 per Executive Decree 28861. The original directive was set to take effect on October 7, 2011, but was deemed insufficiently disseminated, so its enforcement is postponed to allow greater awareness and proper application. The directive was later repealed by Directive SENASA-DG-R016-2016, which reclassified these drugs into Group 3.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/10/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71365.json", "html_url": "/legal/doc/norm-71365", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71365&strTipM=TC&nValor3=0" }, { "id": "norm-71372", "citation": "Decreto 36830", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for Cocos Island and Santa Bárbara de Heredia", "title_es": "Declaratoria de Zona Catastrada para Isla del Coco y Santa Bárbara de Heredia", "summary_en": "This executive decree formally declares the districts of Cocos Island (Puntarenas) and five districts of Santa Bárbara Canton (Heredia) as cadastral zones, following the completion of cadastral surveying and resolution of owner claims. With this declaration, the National Registry's Real Estate Registry makes official the graphic and alphanumeric data for each property, establishing the official cadastral map for future survey plans in those areas. Specific technical requirements are set, such as using the CR05/CRTM05 coordinate system, linking to the national geodetic network, and meeting relative and absolute accuracy standards depending on the mapping scale available. Furthermore, these accuracy rules are extended to any area in the country with orthophotos at scales of 1:1000 or 1:5000. This decree is a necessary administrative act to provide legal certainty in property identification and measurement, in line with the Cadastre and Registry Regularization Program.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71372.json", "html_url": "/legal/doc/norm-71372", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71372&strTipM=TC&nValor3=0" }, { "id": "norm-71375", "citation": "Decreto 36437", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to MINAET Organic Regulation", "title_es": "Reforma Reglamento Orgánico del MINAET", "summary_en": "Executive Decree 36437-MINAET, issued on January 24, 2011, amends the Organic Regulation of the Ministry of Environment, Energy and Telecommunications (MINAET). Its main purpose is to restructure the Vice-Ministries of Environment and Energy to optimize administrative management and align the organization with the Government Plan. The decree modifies Article 6 of the previous regulation (35669) and rewrites the chapters on both vice-ministries, listing the departments under each and, in some cases, their functions. Key changes include the creation of new directorates such as the Marine and Coastal Directorate, the Water Directorate (elevating the former Water Department), and the Climate Change Directorate, responsible for the National Climate Change Program and the C-Neutral Registry. Important entities like SINAC, FONAFIFO, SETENA, the Environmental Administrative Tribunal, DIGECA, and the Hydrocarbons and Energy Directorates are also reorganized. The amendment is based on a technical study approved by MIDEPLAN and is grounded in the sector’s legal framework. Essentially, the decree organizes the ministry’s internal structure to more clearly separate competencies related to conservation and biodiversity (Vice-Ministry of Environment) from those focused on energy resources management and environmental quality (Vice-Ministry of Energy), preserving the functions of unmodified units.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554", "biodiversity-law-7788" ], "date": "24/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71375.json", "html_url": "/legal/doc/norm-71375", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71375&strTipM=TC&nValor3=0" }, { "id": "norm-71392", "citation": "Decreto 36828", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the National Mixed Forum and Regional Mixed Forums for small and medium-sized producers", "title_es": "Creación del Foro Nacional Mixto y Foros Regionales Mixtos de pequeños y medianos productores", "summary_en": "Executive Decree No. 36828-MAG establishes the National Mixed Forum and Regional Mixed Forums as mechanisms for dialogue and consensus-building between organizations of small and medium-sized agricultural producers and the public agricultural sector, aiming to build joint solutions to agro-productive development problems, strengthen inclusion and equity, and promote programs to improve quality of life in rural territories. It defines the composition, functions and meeting frequency of both bodies, assigning SEPSA as the Executive Secretariat for the national forum and the Regional Sectoral Committees as the technical secretariat for regional forums. This decree was repealed by Article 27 of Executive Decree No. 39483 of December 2, 2015.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71392.json", "html_url": "/legal/doc/norm-71392", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71392&strTipM=TC&nValor3=0" }, { "id": "norm-71422", "citation": "Decreto 36815", "section": "norms", "doc_type": "executive_decree", "title_en": "SETENA Internal Organization Regulation", "title_es": "Reglamento de Organización Interna de SETENA", "summary_en": "This executive decree establishes the organic structure and internal functioning of the National Environmental Technical Secretariat (SETENA), responsible for environmental assessment and monitoring in Costa Rica. It defines the main bodies: a General Secretariat as head, a Plenary Commission (now regulated separately), and a General Directorate (Technical-Administrative Unit). The General Directorate is divided into Technical and Administrative Directorates, each with specialized departments: Environmental Assessment, Strategic Environmental Assessment, Environmental Auditing and Monitoring, and Regional Offices for technical matters; and Administrative-Financial, Environmental Education, and Service Platform for administrative ones. It details the functions of each unit, including issuing environmental viability licenses, handling complaints, project monitoring, budget management, and international cooperation. It repeals the previous regulation (Decree 32711) and took effect in September 2011, with subsequent reforms such as the addition of the IT Department.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "12/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71422.json", "html_url": "/legal/doc/norm-71422", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71422&strTipM=TC&nValor3=0" }, { "id": "norm-71429", "citation": "Decreto 36785", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Interest for the Horizontes Experimental Forest Station", "title_es": "Declaración de interés público de la Estación Experimental Forestal Horizontes", "summary_en": "This executive decree declares as a matter of public interest the activities carried out at the Horizontes Experimental Forest Station, located within the Guanacaste Conservation Area. The 7,317-hectare station focuses on tropical dry forest restoration, silvicultural research, environmental education, ecotourism, and biodiversity conservation. The decree authorizes the State and other institutions to support these initiatives, grounded in international biodiversity commitments and Costa Rican environmental legislation. The declared actions include research on valuable and threatened tree species, genetic material storage, development of restoration techniques for degraded lands, and biological education. The station is managed by the Guanacaste Conservation Area on lands titled to the Fundación de Parques Nacionales, a non-profit organization.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788" ], "date": "08/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71429.json", "html_url": "/legal/doc/norm-71429", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71429&strTipM=TC&nValor3=0" }, { "id": "norm-71434", "citation": "Reglamento 0 (Colegio de Biólogos, 30/09/2011)", "section": "norms", "doc_type": "regulation", "title_en": "Regulation of Functions and Activities of Biologists and Professional Fee Tariffs", "title_es": "Reglamento de Funciones y Actividades de los Biólogos y Tarifas de Honorarios Profesionales", "summary_en": "This regulation of the Costa Rican College of Biologists, issued on September 30, 2011, defines the professional functions and activities of biologists in the country, grouping them into four categories: research, administration and environment; production and quality; forensic science; and determination of environmental damage. It also establishes recommended minimum fees for professional services, such as a working day (₡75,000), consultation hour (₡22,500), coordination and biological components of environmental impact studies (₡3,000,000 and ₡500,000 respectively), regencies and consultancies. Functions include environmental impact studies, audits, biodiversity management, biological control, bioremediation, management plans, expert reports, and legislative advice. The fees aim to protect the economic welfare of biologists and are updated considering official inflation.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "30/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71434.json", "html_url": "/legal/doc/norm-71434", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71434&strTipM=TC&nValor3=0" }, { "id": "norm-71459", "citation": "Decreto 514", "section": "norms", "doc_type": "regulation", "title_en": "Technical Regulation for Certified Coffee Seed Production", "title_es": "Reglamento Técnico para la Producción de Semilla Certificada de Café", "summary_en": "This regulation establishes the technical requirements and procedures that coffee seed producers and companies must comply with to obtain certified coffee seed in Costa Rica. It defines eligible varieties (registered in the Commercial Varieties Registry), seed categories (genetic, foundation, certified, and authorized), and the conditions that reproduction fields must meet. It details a rigorous field inspection system at the pre-flowering, post-flowering, and pre-harvest stages to verify varietal purity, health (especially coffee berry borer control), nutritional status, and isolation. Maximum permissible limits for off-type plants, bored fruits, floaters, and green beans are set; non-compliance leads to rejection of the lot. It regulates harvesting, fruit transport to the processing plant, and seed conditioning and storage standards, including a minimum germination rate of 80%. The National Seed Office is the supervisory authority.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/07/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71459.json", "html_url": "/legal/doc/norm-71459", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71459&strTipM=TC&nValor3=0" }, { "id": "norm-71469", "citation": "Decreto 36786", "section": "norms", "doc_type": "executive_decree", "title_en": "Manual for classifying lands dedicated to conservation within the Maritime-Terrestrial Zone", "title_es": "Manual para la clasificación de tierras dedicadas a la conservación dentro de la Zona Marítimo Terrestre", "summary_en": "This executive decree establishes the official procedure for identifying, delimiting, and certifying lands that are part of the State’s Natural Heritage (Patrimonio Natural del Estado, PNE) within Costa Rica’s Maritime-Terrestrial Zone (ZMT). It details the methodology for classifying forests, forest-suitable lands (Classes VII and VIII), wetlands (mangroves, estuaries, coastal lagoons, swamps, etc.), and protection areas around springs and rivers, as mandated by the Forestry Law and Water Law. The authority lies with the Conservation Areas of SINAC, either ex officio or at the request of the ICT and municipalities, as part of the approval of Coastal Regulatory Plans. The manual defines sampling units, data to be collected, standard forms, technical parameters for each ecosystem, and the certification issuance process, which must be registered with the National Registry for publicity and protection. It repeals the previous decree No. 35869-MINAET and incorporates inter-institutional coordination with the National Geographic Institute (IGN) and the Registry for official georeferencing in CRTM 05 projection, ensuring that areas subject to concession in the ZMT exclude already certified PNE.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575", "property-and-titling" ], "date": "12/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71469.json", "html_url": "/legal/doc/norm-71469", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71469&strTipM=TC&nValor3=0" }, { "id": "norm-71470", "citation": "Decreto 36818", "section": "norms", "doc_type": "executive_decree", "title_en": "Officialization of Forest Cover Maps 2000 and 2005", "title_es": "Oficialización de los Mapas de Cobertura Boscosa 2000 y 2005", "summary_en": "This executive decree officially adopts the mandatory use of Costa Rica's forest cover maps for the years 2000 and 2005, prepared by FONAFIFO, as a reference tool for land-use planning and decision-making. The 2000 map serves as the baseline for determining land-use change and enforcing the prohibition in Article 19 of the Forestry Law, while the 2005 map is complementary and does not replace the former, except for recognized discrepancies. It mandates GPS georeferencing for processing forest harvesting permits, filing environmental complaints, and other procedures, binding for SINAC offices, public entities, municipalities, and private professionals. The decree acknowledges potential discrepancies due to clouds, shadows, classification errors, slopes, or areas under two hectares, and allows evidentiary means such as aerial photographs, satellite images, field assessments, and orthophotos to correct the information. Its goal is to standardize criteria and improve forest cover monitoring nationwide, following recommendations from the Comptroller General's Office.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "24/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71470.json", "html_url": "/legal/doc/norm-71470", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71470&strTipM=TC&nValor3=0" }, { "id": "norm-71477", "citation": "Reglamento municipal 118", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Responsible Pet Ownership and Handling Regulation", "title_es": "Reglamento de tenencia y manejo responsable de mascotas o animales domésticos", "summary_en": "This municipal regulation of the canton of San Rafael de Heredia governs the obligation of pet owners to pick up and clean fecal waste deposited by their pets on public roads and common areas. It defines fecal waste, public areas, waste receptacles, and necessary materials for collection. It prohibits throwing or abandoning dead animals or fecal waste in unauthorized places, allowing pets to defecate where no receptacles exist, and walking pets without proper implements. Violations may result in a written warning from the municipality; any interested party or municipal employee may report infractions to the Ministry of Health, which can issue sanitary orders and, for repeat offenders, confiscate the animal. Confiscated animals are given to shelters for adoption. The owner's right to defense and due process is guaranteed. This is a regulation of social order and general interest, with sanitary priority.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71477.json", "html_url": "/legal/doc/norm-71477", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71477&strTipM=TC&nValor3=0" }, { "id": "norm-71482", "citation": "Reglamento municipal 77", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Moravia Municipality Subdivision and Urbanization Regulation", "title_es": "Reglamento para la aprobación, construcción, control y recepción de urbanizaciones de la Municipalidad de Moravia", "summary_en": "This regulation establishes the comprehensive procedure for the authorization and development of subdivisions in the canton of Moravia. It governs every stage from the preliminary project and land use approval through construction, inspection, acceptance of infrastructure works, and transfer of public areas to the municipality. It details the documentary and technical requirements that developers must fulfill, including environmental impact studies and environmental feasibility when applicable, availability of potable water and sewerage, stormwater management, earthworks, and guarantees for damage to municipal infrastructure. It incorporates municipal oversight duties regarding compliance with protection zones, setbacks, and alignments. Additionally, it defines fines for construction without a license and a 1% tax on the project valuation. The instrument aims to regulate urban growth while ensuring compliance with applicable environmental and urban planning regulations.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "environmental-law-7554", "water-law" ], "date": "19/10/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71482.json", "html_url": "/legal/doc/norm-71482", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71482&strTipM=TC&nValor3=0" }, { "id": "norm-71504", "citation": "Decreto 36806", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of CONAGEBIO member", "title_es": "Nombramiento de miembro de la CONAGEBIO", "summary_en": "This executive decree appoints Elizabeth Arnáez Serrano as an alternate member representing the National Council of Rectors to the National Biodiversity Management Commission (CONAGEBIO) for a three-year term, in accordance with Article 15 of the Biodiversity Law. It also repeals several prior decrees that designated other alternate representatives from the same sector. The appointment is grounded in Biodiversity Law No. 7788, which establishes CONAGEBIO as a decentralized body of MINAET with functions regarding biodiversity conservation, sustainable use, and restoration. The decree was later repealed in 2014.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "18/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71504.json", "html_url": "/legal/doc/norm-71504", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71504&strTipM=TC&nValor3=0" }, { "id": "norm-71514", "citation": "Ley 9013", "section": "norms", "doc_type": "law", "title_en": "Law for Donation of Lots in Los Diamantes Farm", "title_es": "Ley de Donación de Lotes en Finca Los Diamantes", "summary_en": "Law No. 9013 authorizes the Costa Rican State to segregate and donate specific lots from the Los Diamantes farm, located in Guápiles, Pococí, to its current occupants who have had possession for more than ten years and do not own other registered real estate. The farm, registered in Limón under Folio Real 1934-000, spans approximately 790 hectares. The law lists 32 beneficiaries in a table, including the Ministry of Public Education and various individuals, with the exact area and corresponding cadastral plan for each lot. It also establishes that if a beneficiary dies, the donation will be made to their legal successors through a succession process. Additionally, the Municipality of Pococí and the La Emilia Development Association may register plans for an additional two hectares intended for a soccer field, basketball court, and community hall. The costs of the deed are borne by the beneficiaries. This law is a particular legislative act that regularizes land tenure on a specific farm, without direct environmental implications.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/11/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71514.json", "html_url": "/legal/doc/norm-71514", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71514&strTipM=TC&nValor3=0" }, { "id": "norm-71535", "citation": "Decreto 36844", "section": "norms", "doc_type": "executive_decree", "title_en": "RTCA 65.05.34:06 Registration of Commercial Varieties. Registration Requirements", "title_es": "RTCA 65.05.34:06 Registro de Variedades Comerciales. Requisitos de Inscripción", "summary_en": "This executive decree approves and orders the publication in Costa Rica of the Central American Technical Regulation RTCA 65.05.34:06, adopted by the Council of Ministers of Economic Integration (COMIECO) through Resolution No. 265-2011. The regulation establishes harmonized requirements for the registration of commercial varieties in the countries of the Central American Economic Integration Subsystem, within the framework of the Customs Union formation process. The norm seeks to facilitate regional trade of seeds and propagation material, ensuring uniform technical criteria for their identification, evaluation, and approval. Costa Rica, as a State Party to the Guatemala Protocol, incorporates this regulation into its legal system, effective January 27, 2012. The decree does not create new substantive obligations beyond those contained in the technical annex.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/10/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71535.json", "html_url": "/legal/doc/norm-71535", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71535&strTipM=TC&nValor3=0" }, { "id": "norm-71539", "citation": "Decreto 36844-A", "section": "norms", "doc_type": "executive_decree", "title_en": "Central American Technical Regulation RTCA 65.05.34:06 — Registration of Commercial Varieties", "title_es": "Reglamento Técnico Centroamericano RTCA 65.05.34:06 — Registro de Variedades Comerciales", "summary_en": "Executive Decree No. 36844-MAG-MEIC-COMEX adopts for Costa Rica the Central American Technical Regulation RTCA 65.05.34:06, which establishes the requirements for registering a plant variety in the commercial varieties registry, thereby enabling the commercialization of its seed. The regulation specifies that commercial registration does not confer any exclusivity rights over the variety's exploitation. It details the purpose, scope, definitions (varietal description, validation trial, variety, registration), and designates the National Seed Office as the competent national authority in Costa Rica. General requirements include submission of the varietal description, variety denomination, and results from at least one cycle of validation trials conducted in a minimum of three locations, demonstrating equal or superior performance compared to a national control. Registration validity is 5 years for annual and semi-perennial crops, and 10 years for perennials, renewable. The regulation also contains provisions on updating, oversight, and annexes with specific varietal descriptors for sorghum, maize, rice, soybeans, and beans.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/10/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71539.json", "html_url": "/legal/doc/norm-71539", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71539&strTipM=TC&nValor3=0" }, { "id": "norm-71547", "citation": "Acuerdo 0443", "section": "norms", "doc_type": "agreement", "title_en": "Eviction and demolition in imminent-risk zones", "title_es": "Desalojo y demolición en zonas de riesgo inminente", "summary_en": "The National Commission for Risk Prevention and Emergency Response (CNE) issued Agreement 0443-2011, instructing all mayors to immediately evict occupants and demolish buildings in areas of recognized risk and imminent danger. The agreement establishes a procedural sequence: first, binding technical reports from the CNE; then health orders issued by the Ministry of Health under articles 320-321 of the General Health Law; coordination with IMAS and BANHVI for temporary and permanent housing solutions; and finally, municipal demolition and maximum land-use restrictions in regulatory plans. It emphasizes the exclusive responsibility of local governments in territorial planning, supported by constitutional and administrative case law and opinions of the Attorney General’s Office. Non-compliance is considered a breach of duty subject to legal action. The agreement aims to protect the right to life and a healthy environment in the face of increasing natural threats exacerbated by climate change.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "30/11/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71547.json", "html_url": "/legal/doc/norm-71547", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71547&strTipM=TC&nValor3=0" }, { "id": "norm-71567", "citation": "Reglamento 0 (Programa Integral de Mercadeo Agropecuario, 06/12/2011)", "section": "norms", "doc_type": "regulation", "title_en": "REFRINA Regulation", "title_es": "Reglamento REFRINA", "summary_en": "This regulation, issued by the Board of Directors of PIMA, governs the organization and operation of the National Refrigeration Network (REFRINA), a macroprocess dedicated to cold storage of perishable products. It establishes the powers of the Board, Management, and Administration of REFRINA, as well as the regime of use-right concessions for a fee and fixed term. It defines the services offered (refrigeration, freezing, quick-freezing tunnels, etc.), contracting requirements, fee setting, penalty clauses for late payment, and administrative auction procedures. It also includes authorized discounts to support the agri-food sector and small and medium producers. The regulation has been in effect since January 1, 2012, repealing the previous 2005 REFRINA regulation. Its authentic interpretation corresponds to PIMA's Board, and gaps are filled by prevailing public law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/12/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71567.json", "html_url": "/legal/doc/norm-71567", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71567&strTipM=TC&nValor3=0" }, { "id": "norm-71569", "citation": "Resolución 40", "section": "norms", "doc_type": "resolution", "title_en": "Procedure for Confiscation of Moss", "title_es": "Procedimiento para el Decomiso de Lana (Musgos)", "summary_en": "This SINAC resolution establishes the procedure for confiscating unauthorized moss during transport or commercialization. It details when pasture moss is legal and the requirements for its transport and sale, including the use of transport guides, plastic bags with official stickers, and purchase invoices. It defines the responsibilities of officials in control operations and provides forms for the confiscation record and complaint. The resolution aims to combat the illegal extraction and trade of moss, thereby protecting biodiversity under the Wildlife Conservation Law.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "24/01/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71569.json", "html_url": "/legal/doc/norm-71569", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71569&strTipM=TC&nValor3=0" }, { "id": "norm-71670", "citation": "Directriz 1043", "section": "norms", "doc_type": "directive", "title_en": "Integrated Management of Crop Residues and Animal Waste to Control Stable Fly", "title_es": "Manejo integrado de rastrojos y desechos para control de mosca del establo", "summary_en": "This ministerial directive from the Ministry of Agriculture and Livestock establishes an inter-institutional action plan to regulate the management of crop residues and animal waste in order to minimize the proliferation of the stable fly (Stomoxys calcitrans). It assigns specific responsibilities to the Agricultural Service Agencies (ASAS), the State Phytosanitary Service (SFE), the National Animal Health Service (SENASA), the National Institute of Innovation and Technology Transfer in Agriculture (INTA), and the Manager of the National Pineapple Program. It includes training for producers, issuance of technical recommendations, inspection of waste management, imposition of sanitary and administrative measures, and a procedure for handling complaints. Non-compliance with the measures may lead to administrative sanctions and even criminal complaints.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/12/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71670.json", "html_url": "/legal/doc/norm-71670", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71670&strTipM=TC&nValor3=0" }, { "id": "norm-71671", "citation": "Resolución 163", "section": "norms", "doc_type": "resolution", "title_en": "Reference Rate Model for New Private Wind Generation Plants", "title_es": "Modelo de tarifas de referencia para generación eólica privada nueva", "summary_en": "This resolution of ARESEP’s Board of Directors establishes the mathematical model and parameters to determine the reference tariffs applicable to the purchase of electricity by ICE from new private wind generation plants, under Chapter I of Law 7200. The model is based on the cost-of-service principle (Law 7593) and aims to encourage private investment in renewable energy to replace thermal generation. It calculates the tariff based on operating costs, the fixed capital cost—including investment recovery and return through the CAPM method—and expected energy sales. After a public hearing, the original price-cap scheme was replaced by a tariff band system, with limits determined from the average and standard deviation of investment costs of comparable wind projects. The tariff will be reviewed annually, denominated in U.S. dollars, and differentiates seasonal prices according to wind patterns. The resolution also responds to objections and includes a dissenting vote questioning the remaining discretionary margin in certain model parameters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/11/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71671.json", "html_url": "/legal/doc/norm-71671", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71671&strTipM=TC&nValor3=0" }, { "id": "norm-71705", "citation": "Decreto 36826", "section": "norms", "doc_type": "executive_decree", "title_en": "SINAC uniform and insignia regulation", "title_es": "Reglamento de uso de uniformes y distintivos de los funcionarios del SINAC", "summary_en": "This executive decree regulates the use and characteristics of uniforms and insignia for officials of the National System of Conservation Areas (SINAC). It details the authorized uniform types: daily use, general fieldwork, firefighting fieldwork, and formal. It meticulously describes each garment, colors, materials, and accessories, including shirts, pants, skirts, jackets, footwear, caps, helmets, and sunglasses. It sets personal presentation rules by gender, such as shaving, makeup, and discreet jewelry. It regulates the placement of SINAC and conservation area insignia, as well as flags and special distinctions like UNESCO or Ramsar sites. It provides that SINAC is responsible for supplying uniforms and that non-compliance is sanctioned under the MINAET Autonomous Service Regulation. It also repeals the previous executive decree on uniforms.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71705.json", "html_url": "/legal/doc/norm-71705", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71705&strTipM=TC&nValor3=0" }, { "id": "norm-71728", "citation": "Resolución 273", "section": "norms", "doc_type": "resolution", "title_en": "Resolution DG-OF-273-2011 — Reception Period for PSA Applications 2012", "title_es": "Resolución DG-OF-273-2011 — Período de recepción de solicitudes PSA 2012", "summary_en": "This resolution from the National Forest Financing Fund (FONAFIFO) sets the official deadlines for individuals and legal entities to submit applications to enter the Payment for Environmental Services (PES) Program for the year 2012. Different dates are defined depending on the modality: for Forest Protection, from February 1 to March 2, 2012; for Reforestation, Agroforestry Systems, Forest Management, and Natural Regeneration, from March 5 to May 31, 2012. Additionally, it states that the scheduling of appointments for submitting applications will begin on January 9, 2012. The measure is based on article 39, subsection a), item i of the Regulation to Forestry Law No. 7575, which empowers FONAFIFO to set these periods. The resolution was endorsed by the Fund's Board of Directors and issued by the General Director.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "13/12/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71728.json", "html_url": "/legal/doc/norm-71728", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71728&strTipM=TC&nValor3=0" }, { "id": "norm-71774", "citation": "Reglamento municipal 49", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to Mora Zoning Regulation — Publication of Article 13 on the Rest-of-District Zone", "title_es": "Reforma al Reglamento de Zonificación del Plan Regulador de Mora — Publicación del artículo 13 sobre Zona Resto del Distrito", "summary_en": "The Municipal Council of Mora agrees to publish in the Official Gazette Article 13 of the Zoning Regulation, originally approved in 1993, to govern the area known as the 'Rest of the District'. This action addresses the regulatory gap created when Articles 4.3 and 10 of the original regulation were declared unconstitutional by Constitutional Chamber Ruling No. 021258-2010. Article 13 states that the rest of the district must first be incorporated into the regulatory plan as a basic political boundary, and that developments within it shall be for agricultural purposes, subject to the same requirements as the Agricultural Zone. However, an exception is allowed for small communities that, through development associations, seek to promote subdivision, urbanization, or residential complex projects. In such cases, the general norms of the National Subdivision and Urbanization Control Regulation apply, and the project is jointly evaluated by the Municipality and the INVU Urban Planning Directorate to determine its feasibility. The agreement is unanimously approved and takes effect upon publication.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "05/12/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71774.json", "html_url": "/legal/doc/norm-71774", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71774&strTipM=TC&nValor3=0" }, { "id": "norm-71808", "citation": "Decreto 36812", "section": "norms", "doc_type": "executive_decree", "title_en": "SINAC Volunteer Actions Regulation", "title_es": "Reglamento de las acciones de voluntariado en el SINAC", "summary_en": "This decree regulates volunteer actions within the National System of Conservation Areas (SINAC), establishing an organizational structure involving the Executive Director, Conservation Area Directors, Protected Wildlife Area Administrators, and heads of administrative offices. It defines categories of volunteers, their rights (such as induction, identification, and necessary conditions) and duties (including having an accident policy and complying with regulations). It details obligations of collaborating organizations, like signing agreements and covering food and transportation costs. It establishes a system of infractions and sanctions, permitting the immediate expulsion of offending volunteers and possible temporary or permanent bans. It authorizes SINAC to receive donations, specifies food and lodging conditions, and repeals the previous decree 32443-MINAE. It includes transitory provisions for adaptation of existing organizations and for publishing complementary procedures.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "wildlife-law-7317" ], "date": "03/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71808.json", "html_url": "/legal/doc/norm-71808", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71808&strTipM=TC&nValor3=0" }, { "id": "norm-71810", "citation": "Decreto 36919", "section": "norms", "doc_type": "executive_decree", "title_en": "Confirmation of Technical Agreement with Italy on Environment and Energy", "title_es": "Confirmación de Acuerdo Técnico con Italia sobre Ambiente y Energía", "summary_en": "This decree expressly confirms the act and signature of the Technical Agreement between the Ministry for the Environment, Land and Sea of the Italian Republic and the Ministry of Environment, Energy and Telecommunications of the Republic of Costa Rica. The agreement was signed in Cancún, Mexico, on December 10, 2010, and was signed by the Costa Rican Vice Minister of Energy. The confirmation is based on the Political Constitution and the Vienna Convention on the Law of Treaties. The decree does not detail the content of the agreement, but its purpose is to give internal legal validity to the act of signature and the international instrument, ratifying the willingness of the Costa Rican State to commit to the terms of the agreement. The decree enters into force immediately.", "primary_topic_id": null, "topic_ids": [], "date": "28/11/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71810.json", "html_url": "/legal/doc/norm-71810", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71810&strTipM=TC&nValor3=0" }, { "id": "norm-71816", "citation": "Acuerdo 0 (Instituto Costarricense de Turismo, 29/11/2011)", "section": "norms", "doc_type": "agreement", "title_en": "CST Standard for Sustainable Theme Parks", "title_es": "Norma CST para Parques Temáticos Sostenibles", "summary_en": "This agreement by the Costa Rican Tourism Board (ICT) establishes the Certification for Sustainable Tourism (CST) Standard for theme parks. It defines requirements across four areas: physical-biological environment, service management and operation, client environment, and socioeconomic environment. Theme parks must comply with environmental, heritage, safety, and labor legislation. The standard requires sustainability policies, environmental impact prevention, natural environment protection, emissions and waste management, efficient resource use, and climate change actions. It also regulates human resource management, service provision, client communication, and socioeconomic benefits to communities. The standard includes an affidavit and registration forms, aiming for theme parks to operate under a sustainable development model.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788", "forestry-law-7575" ], "date": "29/11/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71816.json", "html_url": "/legal/doc/norm-71816", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71816&strTipM=TC&nValor3=0" }, { "id": "norm-71825", "citation": "Resolución 670", "section": "norms", "doc_type": "resolution", "title_en": "MINAET Cell Phone Regulation", "title_es": "Reglamento de Teléfonos Celulares del MINAET", "summary_en": "This resolution amends the Regulation for the Assignment, Use, Custody, and Conservation of Cell Phones of the Ministry of Environment, Energy, and Telecommunications (MINAET), originally published in La Gaceta No. 185 on September 27, 2011. The reform adds two key provisions. First, it establishes that the National System of Conservation Areas (SINAC), by virtue of its instrumental legal status and its own ordinary budget, will independently regulate the assignment, use, custody, and rates of cell phones for its staff. Second, it details the items covered by the telephone rate recognized by the Ministry (calls, Internet, and text messaging), excludes the monthly cost of the device from said rate when the plan includes financing, and regulates the use of the roaming service, which will require authorization from the Ministerial Hierarch and will have a maximum monthly rate equivalent to twenty basic telephone rates, in addition to the ordinary rate. The amendment does not modify the rest of the original text and takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/12/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71825.json", "html_url": "/legal/doc/norm-71825", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71825&strTipM=TC&nValor3=0" }, { "id": "norm-71830", "citation": "Reglamento municipal 0 (Municipalidad de San Carlos, 09/12/2011)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Tax Collection on Mining Concessionaires in San Carlos", "title_es": "Reglamento para el cobro del impuesto a concesionarios de minería en San Carlos", "summary_en": "The Regulation sets forth the rules for collecting a municipal tax from individuals and legal entities holding concessions for the exploitation of quarries, public watercourses, open-pit mines, placers, gold-washing sites, and mines in the canton of San Carlos. It defines the active and passive subjects, the requirements to obtain a municipal marketing license (which includes SETENA's environmental viability), and the procedures for determining and paying the tax. The taxable base is the monthly amount of the sales tax per cubic meter extracted, or, in the absence of sales, fixed rates per cubic meter according to the type of material (¢100 for public watercourses, ¢40 for open-pit mines and quarries). It details the taxpayers' formal obligations, such as filing sworn statements authenticated by a notary, the duty to keep records of volumes and sales, and the Municipality's powers of audit and inspection. It also regulates ex officio tax assessments, payment deadlines, challenges, and the statute of limitations on debts, repealing all prior municipal regulations.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "09/12/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71830.json", "html_url": "/legal/doc/norm-71830", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71830&strTipM=TC&nValor3=0" }, { "id": "norm-71850", "citation": "Decreto 36935", "section": "norms", "doc_type": "executive_decree", "title_en": "Environmental Services Payment 2012", "title_es": "Pago de Servicios Ambientales 2012", "summary_en": "This executive decree establishes the terms for Costa Rica's Environmental Services Payment Program (PPSA) for 2012. It sets the number of hectares and trees to be contracted per modality, maximum payment amounts, priority areas and prioritization criteria, contract durations, and disbursement schedules. FONAFIFO administers the program and may reallocate hectares based on demand and budget, provided the authorized funding is not exceeded. Modalities include reforestation, natural regeneration (Kyoto and non-Kyoto), forest protection, water resource protection, forest management, and agroforestry systems. Priority areas are designated—conservation gaps, biological corridors, indigenous territories, and key watersheds—with a scoring matrix assigning specific points. The decree also enables advance payments for small reforestation projects and allows differentiated payment amounts through agreements with external funders.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "29/11/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71850.json", "html_url": "/legal/doc/norm-71850", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71850&strTipM=TC&nValor3=0" }, { "id": "norm-71868", "citation": "Reglamento municipal 01", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Solid Waste Tariff Regulation of the Municipality of Osa", "title_es": "Reglamento tarifario de residuos sólidos de la Municipalidad de Osa", "summary_en": "The document amends the solid waste tariff regulation of the Municipality of Osa, specifically Article 20, setting the cost for the disposal of non-ordinary waste at the municipal landfill. The rate is set at thirteen thousand five hundred colones per metric ton, to be updated every six months through a market study with at least three quotes for similar services. The amendment was approved by the Municipal Council in regular session No. 01-2012 on January 4, 2012, and took effect on January 10, 2012. The regulation focuses on establishing the fee for final disposal of non-household waste, aiming to reflect national market conditions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-71868.json", "html_url": "/legal/doc/norm-71868", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71868&strTipM=TC&nValor3=0" }, { "id": "norm-71881", "citation": "Decreto 36823", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the Interministerial Technical Committee on Climate Change", "title_es": "Reglamento del Comité Técnico Interministerial de Cambio Climático", "summary_en": "This executive decree creates the Interministerial Technical Committee on Climate Change (CTICC) as an advisory and support body for the Ministry of Environment, Energy and Telecommunications (MINAET) to oversee the National Climate Change Strategy. It establishes its composition with representatives from six ministries and additional technical authorities, defines its functions of coordination and technical support, and sets rules for its operation (sessions, quorum, decision-making). The CTICC aims to facilitate coordinated state action to address climate change, consistent with international commitments under the UNFCCC and the Kyoto Protocol.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/08/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71881.json", "html_url": "/legal/doc/norm-71881", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71881&strTipM=TC&nValor3=0" }, { "id": "norm-71888", "citation": "Decreto 36900", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of Alternate Member to CONAGEBIO", "title_es": "Nombramiento de miembro suplente de la Comisión Nacional para la Gestión de la Biodiversidad", "summary_en": "This executive decree appoints Silvia Elena Chaves Quesada as an alternate member to the National Commission for Biodiversity Management (CONAGEBIO), representing the Costa Rican Union of Chambers of Private Enterprise. The appointment is valid until July 24, 2012, in accordance with the term set forth in Article 15 of the Biodiversity Law No. 7788. It also repeals a previous appointment contained in Executive Decree No. 35391-MINAE. The decree is based on the constitutional powers of the Presidency and the Ministry of Environment, Energy and Telecommunications, as well as the Biodiversity Law that created CONAGEBIO as a deconcentrated body with instrumental legal status, responsible for the conservation, ecologically sustainable use, and restoration of biodiversity. It introduces no new substantive environmental regulations, being limited to an administrative act integrating a collegiate body.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "26/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71888.json", "html_url": "/legal/doc/norm-71888", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71888&strTipM=TC&nValor3=0" }, { "id": "norm-71890", "citation": "Ley 9022", "section": "norms", "doc_type": "law", "title_en": "Amendment to Article 11 of the Wildlife Conservation Law", "title_es": "Reforma del artículo 11 de la Ley de Conservación de la Vida Silvestre", "summary_en": "This 2012 law amended the first paragraph of Article 11 of the Wildlife Conservation Law (No. 7317) to redistribute the resources of the Wildlife Fund. Previously, the National System of Conservation Areas (SINAC) administered the entire fund. The amendment established that SINAC will administer 75% of the resources, while the remaining 25% will be transferred to the National Commission for Biodiversity Management (CONAGEBIO) to meet its legal obligations. The law aims to ensure that both entities have adequate funding to fulfill conservation and biodiversity management goals. The rest of the article, which lists the fund's revenue sources, remained unchanged.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788" ], "date": "03/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-71890.json", "html_url": "/legal/doc/norm-71890", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71890&strTipM=TC&nValor3=0" }, { "id": "norm-71918", "citation": "Acuerdo 0 (Instituto Costarricense de Turismo, 10/01/2012)", "section": "norms", "doc_type": "agreement", "title_en": "Declaration of Touristic Suitability of the Coastal Sector of the Drake Tourism Development Center", "title_es": "Declaratoria de aptitud turística del sector costero del Centro de Desarrollo Turístico de Drake", "summary_en": "The Board of Directors of the Costa Rican Tourism Institute (ICT) resolves to declare a section of the coast of the Drake Tourism Development Center, in Sierpe district, Osa canton, suitable for tourism. This decision is based on the National Tourism Development Plan 2010-2016 and responds to a request from the Municipality of Osa, which sought to modify a previous declaration of non-touristic suitability for Punta San José. The agreement explicitly excludes areas classified or to be classified by MINAET as State Natural Heritage and lands affected by the restrictions of Articles 6 and 73 of the Maritime Terrestrial Zone Law, thereby protecting coastal ecosystems and public access. Previous declarations within the same geographic scope are repealed. The declaration does not impose tourism activities but enables the potential development of coastal concessions and projects under existing regulations.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "10/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-71918.json", "html_url": "/legal/doc/norm-71918", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71918&strTipM=TC&nValor3=0" }, { "id": "norm-71970", "citation": "Decreto 36918", "section": "norms", "doc_type": "executive_decree", "title_en": "Las Baulas National Marine Park Public Use Regulation", "title_es": "Reglamento de Uso Público del Parque Nacional Marino Las Baulas", "summary_en": "This regulation establishes public use norms for the Las Baulas National Marine Park in Guanacaste, aiming to conserve marine, coastal, and terrestrial ecosystems and ensure the survival of the leatherback turtle. It defines zoning (extensive, intensive, and restricted public use), and regulates activities such as anchoring, diving, subsistence fishing, surfing, hiking, and research. It details strict rules for leatherback turtle observation during the nesting season, including time restrictions, quotas, mandatory local guides, a reservation system, and prohibitions on pets, campfires, commercial fishing, and egg collection. It also limits lighting in coastal buildings to avoid disturbing nesting, and provides transitional periods for existing infrastructure to adapt.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "environmental-law-7554" ], "date": "02/12/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71970.json", "html_url": "/legal/doc/norm-71970", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71970&strTipM=TC&nValor3=0" }, { "id": "norm-71971", "citation": "Decreto 36945", "section": "norms", "doc_type": "executive_decree", "title_en": "National Forest Development Plan 2011-2020 (PNDF)", "title_es": "Plan Nacional de Desarrollo Forestal 2011-2020 (PNDF)", "summary_en": "This decree amends Article 1 of Executive Decree 33826-MINAE to formally adopt the National Forest Development Plan 2011-2020 (PNDF) as the official planning instrument for the use, management, and protection of Costa Rica's forest resources. It recognizes the forest sector's role in climate change mitigation, biodiversity conservation, water provision, and soil stabilization. The PNDF incorporates intersectoral agreements and sets targets to increase forest cover and forest plantations, linking forestry with clean energy, tourism, and agricultural agendas. The decree leaves all other provisions of the previous decree intact and becomes effective upon publication in the official gazette.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "12/12/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71971.json", "html_url": "/legal/doc/norm-71971", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71971&strTipM=TC&nValor3=0" }, { "id": "norm-71980", "citation": "Decreto 36936", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of Decree 36564 on accreditation of NGO personnel in Conservation Areas", "title_es": "Derogatoria del Decreto 36564 sobre acreditación de personal de ONG en Áreas de Conservación", "summary_en": "This Executive Decree 36936-MINAET repeals in its entirety Decree 36564, which authorized SINAC to accredit support personnel hired by NGOs to work in conservation areas. The repeal follows observations from the MINAET Internal Audit and recommendations from the CGR, which identified legal defects in the original norm and its contradiction to principles of internal control and efficient management of public resources. It orders that any cooperation agreement based on the repealed decree must cease effects within a maximum of two months, with SINAC required to notify the affected NGOs in writing.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "04/10/2011", "year": "2011", "json_url": "/data/legal/docs/norm-71980.json", "html_url": "/legal/doc/norm-71980", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=71980&strTipM=TC&nValor3=0" }, { "id": "norm-72001", "citation": "Decreto 36980", "section": "norms", "doc_type": "executive_decree", "title_en": "Technical Regulation for the Labeling of Fresh, Frozen, and Thawed Fishery Products", "title_es": "Reglamento Técnico para el Etiquetado de Productos Pesqueros Frescos, Congelados y Descongelados", "summary_en": "Executive Decree No. 36980-MAG-MEIC-S of November 18, 2011, establishes Technical Regulation RTCR 449:2010, which sets labeling requirements for fresh, frozen, and thawed fishery products sold in bulk or pre-packaged at the point of sale in Costa Rica. The regulation aims to ensure traceability, protect consumer health, and prevent misleading practices, in line with the Codex Alimentarius and Central American technical regulations. It covers products such as fish, crustaceans, and mollusks, but excludes those pre-packaged at origin. Mandatory labeling includes the common and scientific names of the species, country of origin, catch area, production method, packaging date, shelf life, and whether the product was thawed. For bulk sales, the required information must be accessible and visible to consumers. Enforcement is overseen by the Ministries of Health, Agriculture and Livestock, and Economy, Industry and Commerce. The decree took effect six months after its publication in La Gaceta on February 13, 2012, and repealed previous regulations on the labeling of fresh chilled fish.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2011", "year": "2011", "json_url": "/data/legal/docs/norm-72001.json", "html_url": "/legal/doc/norm-72001", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72001&strTipM=TC&nValor3=0" }, { "id": "norm-72035", "citation": "Decreto 36993", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Vulnerability Reduction Prize", "title_es": "Creación del Premio Reducción de la Vulnerabilidad", "summary_en": "This executive decree creates the 'Vulnerability Reduction' Prize, aimed at fostering a culture of disaster prevention and vulnerability reduction in Costa Rica. It establishes three award categories: the Ing. Jorge Manuel Dengo Prize (Management for Vulnerability Reduction), the Innovation for Vulnerability Reduction Prize, and the Most Prepared Community Prize. The prize may be awarded to any individual, legal entity, or organized group that has demonstrated relevant activities for at least twelve months. It is declared of public interest, and the awarding entities are the National Commission for Risk Prevention and Emergency Response, the University of Costa Rica through PREVENTEC, and the Ministry of Science and Technology. The judging panels include representatives from seven scientific and technical institutions. The decree is based on the National Emergency and Risk Prevention Law (Law No. 8488) and the Law for the Promotion of Scientific and Technological Development (Law No. 7169).", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72035.json", "html_url": "/legal/doc/norm-72035", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72035&strTipM=TC&nValor3=0" }, { "id": "norm-72072", "citation": "Decreto 36992", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of Entrance Fees for the Pacific Marine Park", "title_es": "Reforma de tarifas de ingreso al Parque Marino del Pacífico", "summary_en": "This executive decree reforms the entrance fees to the Pacific Marine Park, originally set in Executive Decree No. 34888-MINAET (2008) and previously amended by Decree No. 36291-MINAET (2010). It increases admission prices, distinguishing between non-resident visitors and nationals/residents, with tiered rates for organized groups, students, persons with disabilities, and senior citizens. Non-resident fees are set in U.S. dollars ($10 for adults, $5 for children and foreigners with disabilities). For nationals and residents, amounts in colones range from ¢2,900 for individual adults to ¢700 for persons with disabilities and those over 60. The decree justifies the increase by the need to cover operating and maintenance costs, as previous fees were insufficient and the shortfall was covered by MINAET funds. Additional revenue will be exclusively allocated to park maintenance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72072.json", "html_url": "/legal/doc/norm-72072", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72072&strTipM=TC&nValor3=0" }, { "id": "norm-72073", "citation": "Decreto 36998", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Allocation of Purse-Seine Tuna Fishing Capacity", "title_es": "Reglamento para la asignación de la Capacidad de Pesca de Atún de Cerco", "summary_en": "This executive decree establishes the procedure and conditions for allocating the purse-seine tuna fishing capacity recognized to Costa Rica under the Inter-American Tropical Tuna Commission (IATTC). The allocation is made by the Executive Branch through an executive decree, with prior recommendation from the Ministry of Agriculture and studies by INCOPESCA, to purse-seine tuna vessels qualified by the IATTC and registered to operate in the Eastern Pacific Ocean. It regulates the signing of temporary agreements with vessel owners, annual payments for the use of capacity, incentives for landings in Costa Rica, and the obligation to comply with IATTC conservation resolutions and the International Dolphin Conservation Agreement. It declares the public patrimonial character of the fishing rights and repeals a previous decree. The decree was later repealed in 2012 by Executive Decree No. 37386.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72073.json", "html_url": "/legal/doc/norm-72073", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72073&strTipM=TC&nValor3=0" }, { "id": "norm-72090", "citation": "Decreto 36999", "section": "norms", "doc_type": "executive_decree", "title_en": "Registry of Importers of Plant-Origin Products", "title_es": "Registro de Importadores de Productos de Origen Vegetal", "summary_en": "This executive decree creates a mandatory registry of importers of plant-origin products administered by the State Phytosanitary Service (SFE). It requires any individual or legal entity importing plants for distribution or commercialization to register, with exceptions for quantities under 50 kg for personal use, laboratory samples, products not subject to MAG technical notes, and products used for animal feed. Registration requirements include a sworn declaration, proof of compliance with CCSS and Tax Administration obligations, payment of fees, and having warehouses that meet technical storage conditions. Warehouses are inspected within 10 days after registration. The decree details procedures for suspension and cancellation of registration for non-compliance, traceability measures such as sealing transport units at the border, and control of warehouse capacity. Registry validity is up to 5 years and must be renewed. This regulation is of public interest and mandatory to prevent the entry and spread of pests and to control pesticide residues in imported products.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72090.json", "html_url": "/legal/doc/norm-72090", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72090&strTipM=TC&nValor3=0" }, { "id": "norm-72095", "citation": "Decreto 37011-A", "section": "norms", "doc_type": "executive_decree", "title_en": "Central American Regulation on Sanitary and Phytosanitary Measures and Procedures", "title_es": "Reglamento Centroamericano sobre Medidas y Procedimientos Sanitarios y Fitosanitarios", "summary_en": "This Regulation establishes the framework for governing sanitary and phytosanitary measures in trade among Central American States Parties, aiming to avoid unnecessary barriers. It is based on WTO SPS Agreement principles and international guidelines. It details procedures for developing, adopting, and applying measures, including emergencies. It promotes regional harmonization and mutual recognition of equivalences. It sets deadlines for evaluations and approvals of production units. It creates the Committee on Sanitary and Phytosanitary Measures to monitor implementation and resolve disputes, facilitating regional cooperation on human, animal, and plant health.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72095.json", "html_url": "/legal/doc/norm-72095", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72095&strTipM=TC&nValor3=0" }, { "id": "norm-72099", "citation": "Decreto 37011", "section": "norms", "doc_type": "executive_decree", "title_en": "Central American Regulation on Sanitary and Phytosanitary Measures", "title_es": "Reglamento Centroamericano de Medidas Sanitarias y Fitosanitarias", "summary_en": "This Executive Decree publishes Resolution No. 271-2011 (COMIECO-LXI), by which the Council of Ministers of Economic Integration approved, through full substitution, modifications to the Central American Regulation on Sanitary and Phytosanitary Measures and Procedures. The regulation establishes a harmonized framework for applying sanitary and phytosanitary measures in intra-regional Central American trade, expressly repealing prior resolutions on the matter. Costa Rica adopts this regional regulatory framework, which aims to protect human, animal, and plant health without creating unnecessary barriers to trade, within the context of the Central American economic integration process.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72099.json", "html_url": "/legal/doc/norm-72099", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72099&strTipM=TC&nValor3=0" }, { "id": "norm-72120", "citation": "Reglamento municipal 09", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation on the Use, Maintenance and Protection of Parks and Public Spaces of the Municipality of Belén", "title_es": "Reglamento sobre el uso, mantenimiento y protección de parques y espacios públicos de la Municipalidad de Belén", "summary_en": "This Regulation establishes a detailed legal framework to govern the use, maintenance and protection of parks and public spaces in the canton of Belén, including active and passive recreation areas, boulevards and green zones. It defines the rights and duties of users, hours of use, permitted and prohibited activities, and liability for damages. It expressly prohibits camping, washing vehicles, consuming alcohol, installing permanent commercial stands, and causing damage to flora, fauna and urban furniture. It assigns the Municipality duties regarding security and lighting, and empowers the municipal police to oversee compliance and sanction violations, including visual pollution and damage to urban furniture. It also regulates authorization for special events and the signing of agreements with organizations for park administration, requiring letters of commitment and payment for waste management.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "07/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72120.json", "html_url": "/legal/doc/norm-72120", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72120&strTipM=TC&nValor3=0" }, { "id": "norm-7213", "citation": "Ley 11", "section": "norms", "doc_type": "law", "title_en": "Law 11: Authorization to Acquire Land in San José", "title_es": "Ley 11: Autorización para adquirir terrenos en San José", "summary_en": "Law 11 of May 26, 1943 is a specific statute authorizing the Municipality of San José to acquire certain lands. The law empowers the municipality to purchase or expropriate the necessary properties for a public purpose not detailed in the available excerpt, but presumably related to urban development or municipal infrastructure at the time. Being a singular authorization law, its scope is strictly limited to the identified parcels and the named municipal entity, without laying down general provisions or amending other regulations. The statute exemplifies the legislative practice of directly intervening in local administrative matters through special laws, a practice that has waned with the strengthening of autonomous municipal governance. As it contains no precepts of environmental, forestry, water, or territorial planning nature of general application, the law does not affect the protection of natural resources or environmental management, rendering its relevance to Costa Rican environmental law nil.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/05/1943", "year": "1943", "json_url": "/data/legal/docs/norm-7213.json", "html_url": "/legal/doc/norm-7213", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=7213&strTipM=TC&nValor3=0" }, { "id": "norm-72134", "citation": "Decreto 37012", "section": "norms", "doc_type": "executive_decree", "title_en": "Appoints Members to the National Commission for Biodiversity Management", "title_es": "Nombra miembros de la Comisión Nacional para la Gestión de la Biodiversidad", "summary_en": "This executive decree appoints Nevio Bonilla Morales as an alternate member, representing the Ministry of Agriculture and Livestock (MAG), to the National Commission for Biodiversity Management (CONAGEBIO). The appointment is for a full three-year term, in accordance with Article 15 of the Biodiversity Law No. 7788. The decree also repeals a subsection of a previous decree that had appointed another alternate member representing the MAG, thereby unifying the agricultural sector's representation on the commission. CONAGEBIO is a decentralized body of MINAE with instrumental legal personality, responsible for formulating policies for the conservation, sustainable use, and restoration of biodiversity. This is purely an appointment act and does not alter the Commission's substantive functions or powers.", "primary_topic_id": "_off-topic", "topic_ids": [ "biodiversity-law-7788", "_off-topic" ], "date": "02/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72134.json", "html_url": "/legal/doc/norm-72134", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72134&strTipM=TC&nValor3=0" }, { "id": "norm-72137", "citation": "Decreto 37017", "section": "norms", "doc_type": "executive_decree", "title_en": "Authorization of Bovine Slurry as Soil Improver", "title_es": "Autorización de purines bovinos como mejorador de suelo", "summary_en": "Executive Decree No. 37017-MAG authorizes the use of bovine cattle slurry as an improver of the physical, chemical, and microbiological characteristics of soil, aimed at fertilizing pastures and forages. It establishes key definitions such as slurry, Slurry Application Plan as Fertilizer (PAPF), and risk areas. It details criteria for slurry application, including volume determination, soil analysis, available hectares, system selection, and limiting areas such as distances from rivers, wells, and houses, as well as slopes greater than 50%. It assigns MAG and SENASA the responsibility to disseminate and train on the methodology, and establishes that applications contrary to the guidelines will be considered disobedience, with the possibility of reporting to SENASA and administrative appeals. Compliance with the PAPF is equivalent to the Solid Waste and Wastewater Management Plan for purposes of the Veterinary Operation Certificate.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779", "forestry-law-7575" ], "date": "23/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72137.json", "html_url": "/legal/doc/norm-72137", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72137&strTipM=TC&nValor3=0" }, { "id": "norm-72142", "citation": "Acuerdo 042", "section": "norms", "doc_type": "agreement", "title_en": "Mandatory satellite tracking for foreign longline vessels", "title_es": "Sistema de seguimiento satelital obligatorio para palangreros extranjeros", "summary_en": "This INCOPESCA Board of Directors agreement mandates that any foreign-flagged longline vessel wishing to discharge fishery products at authorized Pacific Coast ports must first have a satellite tracking system compatible with INCOPESCA's monitoring system, as an indispensable precondition. The measure aims to strengthen control and monitoring of these fleets, addressing shark finning and other practices contrary to the Code of Responsible Fisheries. The system must report and transmit a signal at all times; the vessel owner, operator, or representative bears responsibility. The agreement enters into force upon publication and is based on INCOPESCA's legal authority to regulate fishing activities within its jurisdiction.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72142.json", "html_url": "/legal/doc/norm-72142", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72142&strTipM=TC&nValor3=0" }, { "id": "norm-72145", "citation": "Acuerdo 055", "section": "norms", "doc_type": "agreement", "title_en": "Extension of deadline for commercial scuba diving fishing licenses", "title_es": "Extensión de plazo para licencias de pesca comercial subacuática", "summary_en": "The Costa Rican Institute of Fishing and Aquaculture (INCOPESCA) had authorized, through Agreement AJDIP/166-2011, the issuance of commercial scuba diving fishing licenses for divers in Guanacaste, establishing a two-month deadline from its publication to submit requirements. That deadline expired on September 28, 2011, and many interested parties were unable to comply on time. The Board of Directors, considering the harm caused and the need to fulfill the spirit of the original agreement, decides to extend, once only, the deadline for submitting requirements until February 29, 2012, thereby allowing potential beneficiaries to obtain their licenses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72145.json", "html_url": "/legal/doc/norm-72145", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72145&strTipM=TC&nValor3=0" }, { "id": "norm-72165", "citation": "Reglamento municipal 2433", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Parrita Canton Solid Waste Collection Service Regulation", "title_es": "Reglamento del Servicio de Recolección de Residuos Sólidos del Cantón de Parrita", "summary_en": "This Regulation establishes the legal framework for the integrated management of ordinary solid waste in the canton of Parrita. Its objective is to protect public health and the environment by regulating the storage, collection, transport, transfer, recovery, and final disposal of waste generated by households, businesses, institutions, and special events. It classifies users into rate categories (domestic, commercial 1 to 5, inter-institutional 1 and 2) based on the estimated amount of waste produced weekly, defining weighting factors and differential fees. It regulates the handling of bulky and special waste, exempting the Municipality from managing them except ordinary waste. It imposes obligations on generators, including the submission of management plans for mass events and the prohibition of throwing hazardous objects on public roads. It includes an administrative complaint mechanism and sanctions based on referral to other competent authorities, such as the Ministry of Health and the courts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72165.json", "html_url": "/legal/doc/norm-72165", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72165&strTipM=TC&nValor3=0" }, { "id": "norm-72195", "citation": "Resolución 04", "section": "norms", "doc_type": "resolution", "title_en": "Authentic interpretation of the evidentiary document requirement for plan approval in protected areas", "title_es": "Interpretación auténtica del requisito de documentos probatorios para visado de planos en ASP", "summary_en": "The National Council of Conservation Areas (CONAC) issues an authentic interpretation of point six of article 6.3.1.1 of the Procedure Manual for the approval and certification of plans (Resolution R-SINAC-037-2009). That point required applicants for plan approval in possessory information proceedings to provide 'evidentiary documents' of possession, without further detail. Resolution 04-2012 now specifies the requirements for those documents: a sworn statement including the notary's identification, declarant's and possessor's details, legal warning, location with coordinates, property size, possessory chain prior to the creation of the protected wild area, years of prior possession, possessory acts compatible with the area's nature or the environment, neighbors without boundary disputes, and three witnesses. CONAC clarifies that this requirement does not replace or exercise jurisdictional powers; the final assessment of possession falls to the agrarian courts. The resolution takes effect upon publication in the official gazette.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "19/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-72195.json", "html_url": "/legal/doc/norm-72195", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72195&strTipM=TC&nValor3=0" }, { "id": "norm-72207", "citation": "Acuerdo 007", "section": "norms", "doc_type": "agreement", "title_en": "Creation of the Institutional Commission for Environmental Management Programs of the MSP", "title_es": "Creación de la Comisión Institucional para Programas de Gestión Ambiental del MSP", "summary_en": "This ministerial agreement creates an Institutional Commission within the Ministry of Public Security (MSP) as a technical advisory group on environmental matters, in order to comply with Executive Decree No. 36499-S-MINAET, which requires Costa Rican public institutions to develop Institutional Environmental Management Programs (PGAI). The norm defines the composition of the Commission with officials from various MSP units—such as the Office of Institutional Management Improvement and Control, Planning, Public Force, Asset Control, Civil Works, Occupational Health, General Services, Transportation, and Procurement—and details its main functions: carrying out environmental diagnoses, formulating the institutional environmental policy, drafting and submitting the PGAI to the head of the ministry, sending reports to MINAET, establishing progress indicators, and coordinating implementation and internal training. It also regulates the meeting regime, quorum, powers of the chair, secretary, and members, the creation of working groups, and the submission of reports. It repeals the previous agreement No. 151-2010 MSP and came into effect upon publication in the official gazette La Gaceta.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "14/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72207.json", "html_url": "/legal/doc/norm-72207", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72207&strTipM=TC&nValor3=0" }, { "id": "norm-72212", "citation": "Decreto 37039", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Sanitary Services in Agricultural Workplaces", "title_es": "Reglamento sobre los servicios sanitarios en los Centros de Trabajo Agrícola", "summary_en": "This Regulation, issued by the Ministry of Labor and Social Security, mandates that employers in agricultural workplaces provide accessible and adequate sanitary facilities for field workers. It sets minimum requirements: abundant water, toilet paper, soap or disinfectant gel, automatic flushing where possible, and orderly and clean maintenance. Facilities may be fixed or portable. It establishes ratios of at least one toilet per twenty male workers or fifteen female workers, adjusted for larger numbers, plus one urinal per twenty workers. They must be located in easily accessible spots, and the employer must provide transportation if needed. Where terrain or access issues prevent installation, workers are entitled to restroom breaks without payroll deduction. Non-compliance is penalized under the Labor Code, and labor inspectors will enforce it.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72212.json", "html_url": "/legal/doc/norm-72212", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72212&strTipM=TC&nValor3=0" }, { "id": "norm-72234", "citation": "Reglamento municipal 08", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Application of the Garbage Collection Service Rate", "title_es": "Reglamento para la Aplicación de la Tarifa del Servicio de Recolección de Basura", "summary_en": "This municipal regulation from Montes de Oro establishes a categorization system for charging the rate for traditional solid waste collection, classifying users into residential, commercial, and institutional categories based on the estimated amount of waste generated per week. It defines 4 residential categories (up to 15 kg to over 45 kg), 9 commercial (0-15 kg to over 2000 kg), and 5 governmental (0-15 kg to over 149 kg). It requires all properties within the coverage area to pay the corresponding rate and comply with waste management provisions. The regulation also outlines the complaint procedure, requiring users to be up to date with municipal obligations and to submit specific documentation. It includes rules on waste containment, collective storage in multi-family buildings, and prohibitions such as placing dead animals or branches in regular collection. Finally, it states that non-compliance will be reported to the Ministry of Health, Traffic Authorities, or the Courts. The regulation was definitively approved in ordinary session No. 08-2012.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72234.json", "html_url": "/legal/doc/norm-72234", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72234&strTipM=TC&nValor3=0" }, { "id": "norm-72238", "citation": "Decreto 37042", "section": "norms", "doc_type": "executive_decree", "title_en": "Budgetary Policy Guidelines 2013", "title_es": "Directrices de Política Presupuestaria 2013", "summary_en": "This decree establishes the general budgetary policy guidelines for public entities, ministries, and other bodies under the Budgetary Authority for 2013. It sets a maximum budget expenditure increase of 4% compared to 2012, excluding items such as amortization, interest, and legal transfers. It promotes expenditure rationalization, limiting lavish and operational spending. It regulates financial investments, prioritizing Government domestic debt securities. It includes provisions on credit lines and public debt, and sets specific exclusions for certain entities, including the National System of Conservation Areas (SINAC) regarding transfers to FONAFIFO and CONAGEBIO.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72238.json", "html_url": "/legal/doc/norm-72238", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72238&strTipM=TC&nValor3=0" }, { "id": "norm-72240", "citation": "Decreto 37045", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Law for the Protection of the Citizen against Excess Administrative Requirements and Procedures", "title_es": "Reglamento a la Ley de Protección al Ciudadano del Exceso de Requisitos y Trámites Administrativos", "summary_en": "This executive decree develops Law No. 8220, establishing the principles, institutional system, and procedures for the simplification of procedures and regulatory improvement in Costa Rican Public Administration. It defines its scope to include all centralized and decentralized administration, except for defense and national security. It regulates the prior control of new regulations through a cost-benefit evaluation form administered by the Regulatory Improvement Directorate of MEIC. For central administration, the criterion is binding; for decentralized, it is a recommendation. It creates the figures of the Procedural Simplification Officer, the Regulatory Improvement Commissions, the 'Trámites Costa Rica' Digital System, and the National Catalog of Procedures. It details citizen rights and inter-institutional coordination obligations, prohibits the requirement of unpublished requirements, and regulates positive administrative silence for permits, licenses, and authorizations. It includes a disciplinary liability regime for officials and a citizen complaint procedure. The norm aims to reduce costs, eliminate duplications, and guarantee agile responses to individuals' dealings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72240.json", "html_url": "/legal/doc/norm-72240", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72240&strTipM=TC&nValor3=0" }, { "id": "norm-72249", "citation": "Ley 9028", "section": "norms", "doc_type": "law", "title_en": "General Law for Tobacco Control and its Harmful Health Effects", "title_es": "Ley General de Control del Tabaco y sus efectos nocivos en la salud", "summary_en": "This law establishes the general framework for tobacco control in Costa Rica, aiming to protect people's health from the health, social, environmental, and economic consequences of tobacco consumption and exposure to smoke. It designates 100% smoke-free spaces (workplaces, healthcare, education, commercial areas, public transport, etc.), regulates labeling and packaging with health warnings, prohibits tobacco advertising, promotion, and sponsorship, and restricts sales (ban on sales to minors, vending machines, ambulatory sales). It creates a specific tax on tobacco products to fund social security, health, addiction prevention, and sports. It grants enforcement powers to the Ministry of Health, MEIC, municipalities, and others, and imposes fines for violations. It repeals Law 7501 on Smoking Regulation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72249.json", "html_url": "/legal/doc/norm-72249", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72249&strTipM=TC&nValor3=0" }, { "id": "norm-72253", "citation": "Decreto 37025", "section": "norms", "doc_type": "executive_decree", "title_en": "Coordination Regulation between the Ministry of Health and the MAG for the authorization of food establishments", "title_es": "Reglamento de Coordinación entre el Ministerio de Salud y el MAG para la autorización de funcionamiento de establecimientos de alimentos", "summary_en": "This decree establishes coordination mechanisms between the Ministry of Health and the National Animal Health Service (SENASA) of the Ministry of Agriculture and Livestock (MAG) for granting operating authorizations to food establishments that process products, byproducts, and derivatives of animal origin. It addresses the overlapping competences between the sanitary operating permit (PSF) of the Ministry of Health and the Veterinary Operation Certificate (CVO) of SENASA, following binding opinions from the Attorney General's Office. It defines which establishments will be exclusively authorized by each entity, recognizing the equivalence of both authorizations. It creates an Interinstitutional Coordination Commission to evaluate the process, propose regulatory improvements, and establish uniform inspection protocols. It includes annexes listing specific products under each ministry's competence.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72253.json", "html_url": "/legal/doc/norm-72253", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72253&strTipM=TC&nValor3=0" }, { "id": "norm-72303", "citation": "Reglamento municipal 17", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Regulation for the Operation and Administration of the Belén Municipal Aqueduct", "title_es": "Reforma al Reglamento para la Operación y Administración del Acueducto de la Municipalidad de Belén", "summary_en": "The Municipal Council of Belén amended the Regulation for the Operation and Administration of the Aqueduct. Article 31 is modified to allow the Collection Management Unit to order water service suspension for non-payment eight days after each monthly due date. Additionally, the Aqueduct Department may suspend service when a subscriber interconnects system pipes with other water sources, has defective installations that are not corrected, installations do not meet conditions to prevent damage, alters the municipal distribution network, or manipulates water meters or their protection covers owned by the municipality. Article 32 is eliminated and the numbering of the remaining articles is adjusted. The amendment takes effect upon publication in La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72303.json", "html_url": "/legal/doc/norm-72303", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72303&strTipM=TC&nValor3=0" }, { "id": "norm-72307", "citation": "Ley 9030", "section": "norms", "doc_type": "law", "title_en": "Law 9030 — Addition to Law 8639 on the Sixaola River Basin Program", "title_es": "Ley 9030 — Adición a la Ley 8639 sobre el Programa Cuenca del Río Sixaola", "summary_en": "Law 9030 adds an article 5 bis to Law 8639, which originally approved a loan agreement between Costa Rica and the IDB to finance the Sustainable Development Program for the Binational Sixaola River Basin. The addition allows the project to be executed also by the Ministry of Environment and Energy (MINAE), in addition to the already designated Ministry of National Planning and Economic Policy (MIDEPLAN). It establishes that the Executive Branch, by decree, will define the responsibilities of each ministry in the execution and ensure compliance with the program's objectives. This modification aims to optimize the management of the binational project, which involves environmental, social, and productive aspects in the border area with Panama, ensuring coordinated execution among the competent state entities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72307.json", "html_url": "/legal/doc/norm-72307", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72307&strTipM=TC&nValor3=0" }, { "id": "norm-72318", "citation": "Decreto 4945", "section": "norms", "doc_type": "regulation", "title_en": "Corporate Governance Code", "title_es": "Código de Buen Gobierno Corporativo", "summary_en": "This Corporate Governance Code, approved in March 2012 by the National Board of the Banco Popular y de Desarrollo Comunal, establishes the governance structure, policies, and practices for the Banco Popular Financial Conglomerate. It defines the governing bodies (Workers' Assembly, National Board, Boards of Subsidiaries), eligibility requirements, prohibitions, and incompatibilities. It details the functions of boards, comptrollers, and management, and sets policies on selection, compensation, training, conflicts of interest, and relations with customers, suppliers, and within the conglomerate. It promotes transparency, accountability, internal control, and risk management in accordance with CONASSIF's Corporate Governance Regulations. The norm was repealed in 2012 by a new code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72318.json", "html_url": "/legal/doc/norm-72318", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72318&strTipM=TC&nValor3=0" }, { "id": "norm-72333", "citation": "Resolución 013", "section": "norms", "doc_type": "resolution", "title_en": "Tariff methodology for private hydroelectric plants: clarification and addition", "title_es": "Metodología tarifaria para hidroeléctricas privadas: aclaración y adición", "summary_en": "The Public Services Regulatory Authority (ARESEP) resolves the petition for clarification and addition filed by the Costa Rican Electricity Institute (ICE) against the resolution establishing the reference tariff methodology for new private hydroelectric generation plants. The Board partially grants the petition, clarifying that prices agreed in contracts must respect the limits of the current tariff band and that annual reviews do not affect them retroactively. It also adds a precision regarding the capitalization of interest during the grace period to avoid duplication when the information source already includes it. The request to exclude environmental mitigation costs from the tariff is denied, as the legislation allows their consideration, but requires a specific methodology approved through public hearing. The administrative proceeding is concluded.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72333.json", "html_url": "/legal/doc/norm-72333", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72333&strTipM=TC&nValor3=0" }, { "id": "norm-72355", "citation": "Acuerdo 114", "section": "norms", "doc_type": "agreement", "title_en": "Extension of deadline to apply for underwater fishing license", "title_es": "Ampliación del plazo para solicitar licencia de pesca subacuática", "summary_en": "The Board of Directors of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) extends the deadline to May 15, 2012, for applicants for an underwater fishing license to submit the required documentation, including diving certification. The measure addresses the insufficiency of the previous additional deadline (February 29, 2012), as many applicants lacked diving accreditation from a competent entity. Efforts were made with the INA and other authorized bodies to provide accessible courses for suitable candidates. The extension is final and mandatory.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72355.json", "html_url": "/legal/doc/norm-72355", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72355&strTipM=TC&nValor3=0" }, { "id": "norm-72357", "citation": "Acuerdo 029", "section": "norms", "doc_type": "agreement", "title_en": "Amendment to the Regulation for the Authorization of Landings of Fishery Products", "title_es": "Reforma al Reglamento para la autorización de desembarques de productos pesqueros", "summary_en": "This INCOPESCA Board Directive adds Article 8-Bis to the Regulation for the landing of fishery products at private docks and collection centers (Directive AJDIP/042-2009), establishing the initially authorized sites to receive fishery product landings on both Costa Rican coasts, broken down by fleet type (small-scale artisanal, medium and advanced, and semi-industrial). The measure is based on national fisheries laws, Constitutional Court rulings allowing landings at private docks due to lack of public infrastructure, SENASA's competencies regarding sanitary conditions and traceability, and Costa Rica's accession to the FAO Port State Measures Agreement. The directive lists specific locations for each fleet category and conditions operations on holding valid INCOPESCA and SENASA authorizations. The norm was later repealed in 2020.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72357.json", "html_url": "/legal/doc/norm-72357", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72357&strTipM=TC&nValor3=0" }, { "id": "norm-72383", "citation": "Decreto 37072", "section": "norms", "doc_type": "executive_decree", "title_en": "Sanitary emergency due to deficiencies in the supply of water fit for human consumption", "title_es": "Emergencia sanitaria por deficiencias en el suministro de agua apta para consumo humano", "summary_en": "This executive decree declares a sanitary emergency in communities of the cantons of San Carlos, Bagaces, Cañas, and La Cruz due to deficiencies in the supply of water fit for human consumption. It is based on studies that detected arsenic levels above legal limits. The regulation orders health authorities to issue general and specific measures to resolve the problem and obliges the population to comply. It allows contributions from public, private, NGOs, and international organizations. The emergency aims to accelerate technical and administrative efforts to find new water sources to replace the affected aqueducts and prevent health risks. Invokes the precautionary principle and the protection of the fundamental right to health. It was repealed by Executive Decree No. 38524 of July 25, 2014.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72383.json", "html_url": "/legal/doc/norm-72383", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72383&strTipM=TC&nValor3=0" }, { "id": "norm-72384", "citation": "Resolución 06", "section": "norms", "doc_type": "resolution", "title_en": "Barra del Colorado National Wildlife Refuge Management Plan", "title_es": "Plan de Manejo del Refugio Nacional de Vida Silvestre Barra del Colorado", "summary_en": "This document formalizes the Management Plan for the Barra del Colorado National Wildlife Refuge (RNVSBC), approved by the National Council of Conservation Areas (CONAC). The plan establishes the refuge's zoning into five categories: Absolute Protection, Public Use, Special Use, Sustainable Use, and Human Settlements, with specific rules and prohibitions for each. It defines primary and secondary conservation objectives, prioritizing the protection of aquatic ecosystems, threatened species, and scenic resources. Furthermore, it structures management through five programs and plans the construction of administrative offices in Linda Vista, La Aldea, and Delta. The plan is legally based on the Biodiversity Law 7788 and its regulations, and seeks to balance conservation with sustainable socio-economic development of local communities.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "26/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72384.json", "html_url": "/legal/doc/norm-72384", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72384&strTipM=TC&nValor3=0" }, { "id": "norm-72433", "citation": "Decreto 37000", "section": "norms", "doc_type": "executive_decree", "title_en": "Navigation route regulation for international traffic vessels at Puerto Caldera and Puntarenas Cruise Dock", "title_es": "Reglamento de ruta de navegación para buques de tráfico internacional en Puerto Caldera y Muelle de Cruceros de Puntarenas", "summary_en": "This decree establishes a mandatory navigation route for international cargo ships and cruise vessels with restricted maneuverability in the Gulf of Nicoya, entering and leaving Puerto Caldera and the Puntarenas Cruise Dock. It defines a 600-meter-wide channel with priority of passage for these vessels over any other boats or fishing gear. The regulation expressly prohibits obstructing this route with fishing gear or anchoring during the transit of such vessels, although fishing is allowed provided it does not interfere. It is based on the need to enhance maritime safety, avoid collisions, and protect human life at sea, in compliance with the National Coast Guard Service Law and the Fisheries and Aquaculture Law. Implementation is assigned to the National Coast Guard Service.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/11/2011", "year": "2011", "json_url": "/data/legal/docs/norm-72433.json", "html_url": "/legal/doc/norm-72433", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72433&strTipM=TC&nValor3=0" }, { "id": "norm-72436", "citation": "Decreto 37080", "section": "norms", "doc_type": "executive_decree", "title_en": "Central American Technical Regulation on Labeling of Household and Professional Pesticides", "title_es": "Reglamento Técnico Centroamericano de Etiquetado de Plaguicidas Domésticos y Profesionales", "summary_en": "Decree 37080 publishes COMIECO Resolution No. 273-2011 and its annex, the Central American Technical Regulation RTCA 65.03.57:10, which establishes mandatory labeling requirements for household and professional-use pesticides marketed in the region. It defines household pesticides (WHO category IV, ready-to-use formulations) and professional pesticides (categories II, III, IV applied by trained personnel, with final dilution in category IV). The regulation details general labeling principles, dimensions, font and pictogram sizes, mandatory warning phrases, and specific formats for household (section 6) and professional (section 7) labels. It requires a color band according to WHO toxicological classification, symptoms of poisoning, first aid, advice to physicians, environmental protection measures, official registration number, country of formulation, and manufacturer or formulator details. Botanical and microbiological pesticides are excluded.", "primary_topic_id": null, "topic_ids": [], "date": "20/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72436.json", "html_url": "/legal/doc/norm-72436", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72436&strTipM=TC&nValor3=0" }, { "id": "norm-72438", "citation": "Decreto 37083", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Water Quality for Human Consumption in Healthcare Facilities", "title_es": "Reglamento para la Calidad del Agua para Consumo Humano en Establecimientos de Salud", "summary_en": "This executive decree implements mandatory physical-chemical and microbiological parameters to ensure the quality of water for human consumption in public, private, and mixed healthcare facilities with inpatient stays exceeding 24 hours. It sets up an internal control program managed by each facility—including sampling frequencies, collection points, and record-keeping—and an external surveillance program conducted by the Ministry of Health. The regulation establishes two control levels (N1 for populations ≤3000 and N2 for populations >3000) with escalating parameters, requires disinfection to maintain a measurable chlorine residual, mandates accredited laboratories with sanitary permits, and requires biannual reports to the Ministry. It complements the Potable Water Quality Regulation, and its annexes contain maximum allowable values and minimum analysis frequencies.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "22/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72438.json", "html_url": "/legal/doc/norm-72438", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72438&strTipM=TC&nValor3=0" }, { "id": "norm-72452", "citation": "Reglamento municipal 2440", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Charging a Fee for Public Road Cleaning Service", "title_es": "Reglamento para el cobro de la tasa sobre el servicio de limpieza de vías públicas", "summary_en": "This municipal regulation, approved by the Municipality of Parrita in 2012 and later repealed, established the framework for charging an annual fee to property owners in the canton for the service of cleaning and maintaining public roads. It defined concepts such as public roads, the taxpayer (every property owner), and the nature of the fee as a tax linked to the effective or potential provision of the service. The rate was calculated based on the effective cost plus a 10% surcharge for development, distributed proportionally according to the value of each property. The regulation provided for quarterly collection and, in its final provisions, referred to the Municipal Code and other tax and health regulations for matters not expressly addressed. This regulation was repealed by a subsequent 2012 norm that unified the service under the concept of maintenance and cleaning, reflecting the evolution of municipal street-sweeping management.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72452.json", "html_url": "/legal/doc/norm-72452", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72452&strTipM=TC&nValor3=0" }, { "id": "norm-72453", "citation": "Decreto 36827", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of Phytosanitary Emergency Executive Decrees", "title_es": "Derogatoria de Decretos Ejecutivos de Emergencia Fitosanitaria", "summary_en": "This executive decree formally repeals eight prior decrees that had declared phytosanitary emergency states for various pests affecting crops such as coffee, banana, rice, and potato. It states that these emergencies have already fulfilled their purpose and are no longer current, so the State Phytosanitary Service recommended their repeal to maintain legal coherence.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/10/2011", "year": "2011", "json_url": "/data/legal/docs/norm-72453.json", "html_url": "/legal/doc/norm-72453", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72453&strTipM=TC&nValor3=0" }, { "id": "norm-72459", "citation": "Decreto 37023", "section": "norms", "doc_type": "executive_decree", "title_en": "Isla del Coco National Park Public Use Regulation", "title_es": "Reglamento de Uso Público del Parque Nacional Isla del Coco", "summary_en": "This executive decree establishes the public use regime within Isla del Coco National Park (PNIC), a marine and terrestrial protected wilderness area of exceptional ecological value, declared a World Heritage Site and a RAMSAR Site. The regulation provides detailed rules for vessel entry, stay and navigation, procedures to obtain visitation permits and advance booking rights, as well as permitted ecotourism activities (diving, hiking, kayaking, swimming) and prohibited ones (fishing, hunting, extraction of flora and fauna, pollution, introduction of exotic species, among others). It incorporates zoning provisions in accordance with the Management Plan (absolute protection zone, public use zone, special use zone and restricted use zone), carrying capacity, and the inspection powers of the park administration. The regulation repeals previous decrees on the subject and unifies the rules to avoid regulatory fragmentation.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "23/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72459.json", "html_url": "/legal/doc/norm-72459", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72459&strTipM=TC&nValor3=0" }, { "id": "norm-72465", "citation": "Decreto 37102", "section": "norms", "doc_type": "executive_decree", "title_en": "Public utility declaration for ASVO", "title_es": "Utilidad pública de ASVO", "summary_en": "Executive Decree No. 37102-JP declares the Association of Volunteers for Service in Protected Areas (ASVO) to be of public utility for the interests of the State. The measure is based on Article 32 of the Associations Law, which authorizes the Executive Branch to grant such recognition to associations whose activities are particularly useful to the State and contribute to solving a social need. The decree notes that ASVO's purposes are to promote environmental conservation and restoration, strengthen volunteer work for the environment, cooperate with governmental and non-governmental organizations, and provide legal status to volunteers for increased efficiency. The Costa Rican State considers these purposes address a first-order social need and therefore deserve its support. As an obligation, the association must submit an annual report to the Ministry of Justice and Peace. The decree takes effect upon publication and mandates the formalization and registration of the declaration in the Associations Registry.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72465.json", "html_url": "/legal/doc/norm-72465", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72465&strTipM=TC&nValor3=0" }, { "id": "norm-72476", "citation": "Resolución 796", "section": "norms", "doc_type": "resolution", "title_en": "Tariff band for new private hydroelectric generators", "title_es": "Banda tarifaria para generadores privados hidroeléctricos nuevos", "summary_en": "The Public Services Regulatory Authority (ARESEP) sets a reference tariff band for the purchase of electricity by the Costa Rican Electricity Institute (ICE) from new private hydroelectric generators, under Chapter I of Law No. 7200. The resolution establishes a lower limit ($0.0798/kWh), an average ($0.1080/kWh), and an upper limit ($0.1363/kWh) applicable to plants with capacity equal to or less than 20 MW. The tariff methodology, approved by the Board of Directors of ARESEP (RJD-152-2011), is based on the principle of cost-of-service (Article 3(b) of Law No. 7593) and on criteria of social equity, environmental sustainability, and economic efficiency (Article 31 of Law No. 7593). The band is calculated from average investment costs of Central American and domestic private hydroelectric plants, plus/minus one standard deviation. The structure incorporates an environmental component that remains pending definition through a specific methodology that must be submitted to public hearing. The tariff is expressed in US dollars, will be updated annually, and generators shall submit audited financial information to ARESEP.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "16/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72476.json", "html_url": "/legal/doc/norm-72476", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72476&strTipM=TC&nValor3=0" }, { "id": "norm-72497", "citation": "Decreto 37113", "section": "norms", "doc_type": "executive_decree", "title_en": "Public utility declaration of La Gallega and Estero Azul Sierpe de Osa Association", "title_es": "Declaratoria de utilidad pública Asociación La Gallega y Estero Azul Sierpe de Osa", "summary_en": "This executive decree declares the association La Gallega and Estero Azul Sierpe de Osa to be of public utility for the interests of the State. The association's main purposes include administering, operating, and maintaining the community aqueduct in accordance with regulations of the Costa Rican Institute of Aqueducts and Sewers (AyA), promoting community participation in water resource management, collaborating on educational programs, and participating in the protection of watersheds and ecological stability. The decree is based on Article 32 of the Associations Act, which empowers the Executive Branch to grant such a declaration when an association's activities are particularly useful for addressing pressing social needs. It requires an annual report to the Ministry of Justice and Peace and registration with the National Registry of Associations. This decree was later repealed by Executive Decree No. 44854 of September 3, 2024.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72497.json", "html_url": "/legal/doc/norm-72497", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72497&strTipM=TC&nValor3=0" }, { "id": "norm-72519", "citation": "Decreto 5737", "section": "norms", "doc_type": "regulation", "title_en": "Manual for Coastal Regulatory Plans in the Maritime-Terrestrial Zone", "title_es": "Manual para la Elaboración de Planes Reguladores Costeros en la Zona Marítimo Terrestre", "summary_en": "This document establishes the Manual for Coastal Regulatory Plans in the Maritime-Terrestrial Zone, approved by the Costa Rican Tourism Board (ICT). It defines the technical and legal procedures for formulating regulatory plans in coastal sectors declared as tourism-suitable or non-tourism. It includes zoning (tourism, mixed, community, protection, etc.), land-use regulations, and parameters for building height, coverage, and setbacks, as well as guidelines for integrating environmental and social variables. It mandates obtaining an environmental viability license from SETENA under Decree 32967-MINAE, delimiting State Natural Heritage areas, and excluding forest areas as per the Forestry Law. It details the review process by ICT and INVU, public hearings, and official publication. It repeals the previous 2010 manual.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling", "subdivision-fraccionamiento" ], "date": "28/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72519.json", "html_url": "/legal/doc/norm-72519", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72519&strTipM=TC&nValor3=0" }, { "id": "norm-72520", "citation": "Resolución 09", "section": "norms", "doc_type": "resolution", "title_en": "General Management Plan of the Cerros de la Carpintera Protected Zone", "title_es": "Plan General de Manejo de la Zona Protectora Cerros de la Carpintera", "summary_en": "Resolution R-SINAC-CONAC-09-2012 approves and issues the General Management Plan for the Cerros de la Carpintera Protected Zone (ZPCC), a wild protected area created by Executive Decree in 1976 in the Greater Metropolitan Area. The plan is the technical guiding instrument for the management of its natural and cultural resources, drafted with participation of local governments, communities, landowners, and the private sector. It defines the primary objectives: soil protection, hydrological regulation, watershed conservation, and preservation of biodiversity, environmental services, and scenic beauty. It establishes a zoning system with four categories: Restricted Use Zone (ZUR, subzones 1 and 2), Sustainable Use Zone (ZUS), Special Use Zone (ZUE), and Human Settlements Zone (ZAH). For each zone it details permitted and prohibited activities, guiding actions, and applicable legislation. ZUR-subzone 1 is the most restrictive, prohibiting subdivisions smaller than 5 ha, new urbanizations, forest land-use change, mining, and hunting; it allows one dwelling per farm and controlled ecotourism with infrastructure coverage limits (10% of effective area, maximum footprint 150 m²). Other zones repeat similar restrictions. The plan includes four operational programs (administrative-financial, control & protection, participatory management, and environmental education) and a co-management model based on a local council and site-level planning. All infrastructure or economic activity development requires prior Environmental Impact Assessment and ACCVC endorsement. The plan aims to reconcile conservation and sustainable development against threats of urban sprawl and illegal settlements.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788", "biological-corridors", "subdivision-fraccionamiento" ], "date": "13/04/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72520.json", "html_url": "/legal/doc/norm-72520", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72520&strTipM=TC&nValor3=0" }, { "id": "norm-72523", "citation": "Acuerdo 202", "section": "norms", "doc_type": "agreement", "title_en": "Gulf of Nicoya Closures 2012", "title_es": "Veda del Golfo de Nicoya 2012", "summary_en": "This agreement by the INCOPESCA Board of Directors establishes fishing closure periods for the Gulf of Nicoya during 2012. The closures apply from June 1 to July 31 and from September 1 to September 30, 2012. It covers the area bounded by an imaginary line from Punta Torres (Peñón) to the Lighthouse of Isla Negritos offshore, then to Punta Cuchillo on the Nicoya Peninsula, and inland waters to the mouth of the Tempisque River. The restriction applies to all fishing gear in the small-scale commercial and semi-industrial sectors (shrimp trawling and sardine fishing). It also prohibits the marketing of species caught in that zone during the closure throughout the national territory, and orders authorities to carry out control and enforcement actions. The measure is based on the recommendation of the National Commission for Closures and aims to protect the gulf's fishery resources during critical reproductive periods.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/04/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72523.json", "html_url": "/legal/doc/norm-72523", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72523&strTipM=TC&nValor3=0" }, { "id": "norm-72540", "citation": "Acuerdo 04", "section": "norms", "doc_type": "agreement", "title_en": "Demarcation of Public Zone Playa Carbonera, Playa Matapalito and Playa Matapalo", "title_es": "Amojonamiento de zona pública Playa Carbonera, Playa Matapalito y Playa Matapalo", "summary_en": "The National Geographic Institute (IGN) announces the official demarcation of the public zone of the coastal sectors of Playa Carbonera, Playa Matapalito, and Playa Matapalo, located in the district of Puerto Jiménez, canton of Golfito, province of Puntarenas. The boundary marking was carried out between March 7 and 14, 2011, in accordance with Article 63 of the Regulation of the Law on the Maritime Terrestrial Zone. The notice details the approximate coordinates in the Lambert and CRTM05 projection systems, and lists the boundary markers placed: 7 markers in Playa Carbonera (ZP607-0067 to ZP607-0073), 18 markers in Playa Matapalito (ZP607-0074 to ZP607-0091), and 18 markers in Playa Matapalo (ZP607-0092 to ZP607-0109). The technical data was recorded under numbers 95O and 95Q in the Maritime Terrestrial Zone Registry of the IGN. This act establishes the boundaries of the public zone in these sectors, which is relevant for the management and protection of the coastal public domain.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/04/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72540.json", "html_url": "/legal/doc/norm-72540", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72540&strTipM=TC&nValor3=0" }, { "id": "norm-72544", "citation": "Resolución 11", "section": "norms", "doc_type": "resolution", "title_en": "Management Plan of Cocos Island National Park", "title_es": "Plan de Manejo del Parque Nacional Isla del Coco", "summary_en": "This resolution by the National Council of Conservation Areas (CONAC), R-SINAC-CONAC-11-2012, approves and publishes the Management Plan for Cocos Island National Park (PNIC). The plan establishes five management programs: Administration and Operations, Financing Management, Control and Surveillance, Natural and Cultural Resources Management, and Sustainable Tourism. It defines the park's zoning into Absolute Protection Zone (98% of the territory), Restricted Use Zone, Public Use Zone, and Special Use Zone, detailing objectives and regulations for each. The plan aims to guide SINAC's actions to meet the conservation objectives of the park, created in 1978 and recognized as a UNESCO World Heritage Site. The resolution was repealed in 2024 by a new General Management Plan.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "03/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72544.json", "html_url": "/legal/doc/norm-72544", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72544&strTipM=TC&nValor3=0" }, { "id": "norm-72553", "citation": "Decreto 37107", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of CONAGEBIO Member", "title_es": "Nombramiento de miembro de CONAGEBIO", "summary_en": "This executive decree appoints Fiorella Donato Calderón as a full member of the National Commission for Biodiversity Management (CONAGEBIO), representing the National Council of Rectors, for a full three-year term. It also repeals a prior appointment decree from 2009. The decree is based on Biodiversity Law No. 7788, which created CONAGEBIO as a deconcentrated body of MINAET with instrumental legal personality, tasked with conservation, sustainable use, and restoration of biodiversity. It contains no substantive provisions on biodiversity; it is purely an administrative act designating personnel to a collegial body.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "19/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72553.json", "html_url": "/legal/doc/norm-72553", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72553&strTipM=TC&nValor3=0" }, { "id": "norm-72554", "citation": "Decreto 37109", "section": "norms", "doc_type": "executive_decree", "title_en": "Environmental Recognition System (SIREA) Regulation", "title_es": "Reglamento del Sistema de Reconocimientos Ambientales (SIREA)", "summary_en": "This executive decree creates the Environmental Recognition System (SIREA) as a state system that integrates and grants public recognition to organizations that bring about significant environmental change, contributing to sustainable development. It establishes an organizational structure with an Executive Secretariat and organizers, defines the initial recognitions (Cleaner Production, Eco-efficiency, Social Responsibility, and Environmental Entrepreneurship), and regulates the procedures for registration, evaluation, and renewal. It allows the incorporation of existing recognitions and promotes Voluntary Agreements on Cleaner Production. It repeals Decree 33525-MINAE on the Ecological Flag. The regulation is grounded in Article 50 of the Constitution and Articles 1-5 of the Organic Environmental Law, aiming to promote eco-competitiveness and continuous improvement in the productive sector through voluntary environmental management instruments.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "13/02/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72554.json", "html_url": "/legal/doc/norm-72554", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72554&strTipM=TC&nValor3=0" }, { "id": "norm-72578", "citation": "Reglamento municipal 153", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Operation and Administration of the Aqueduct of the Municipality of La Unión", "title_es": "Reglamento para la Operación y Administración del Acueducto de la Municipalidad de la Unión", "summary_en": "This municipal regulation governs the provision of potable water service in the canton of La Unión, including procedures for application, connection, billing, suspension, and reconnection. It establishes the obligations of the Municipality and subscribers, classifies water uses (domestic, ordinary, reproductive, preferential, differentiated, provisional, and special) with corresponding rates, and sets a penalty regime for non-compliance. It incorporates provisions on water quality pursuant to Regulation No. 25991-S, protection of sources, aquifer recharge zones, and management of wastewater treatment plants through a transitional provision. It details requirements for water availability in new urban developments, mandates installation of fire hydrants in accordance with Law 8641, and grants the Municipal Council authority over flows exceeding four households with participation from a Water Resource Commission that includes civil society members. It was repealed in 2019.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "19/04/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72578.json", "html_url": "/legal/doc/norm-72578", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72578&strTipM=TC&nValor3=0" }, { "id": "norm-72582", "citation": "Ley 9036", "section": "norms", "doc_type": "law", "title_en": "Law Transforming IDA into INDER and Creating the Technical Secretariat for Rural Development", "title_es": "Ley de Transformación del IDA en INDER y Creación de la Secretaría Técnica de Desarrollo Rural", "summary_en": "Law 9036 transforms the Agrarian Development Institute (IDA) into the Rural Development Institute (INDER), an autonomous entity focused on territorial rural development. It establishes an institutional framework for sustainable rural development, prioritizing disadvantaged territories. Guiding principles include the social function of property, participation, comprehensiveness, sustainability, and transparency. It creates the Land Fund for land acquisition and allocation under lease and assignment models, and the Rural Development Fund to support productive projects and services. The law regulates tenure regimes, prohibitions for beneficiaries, and control and monitoring mechanisms. It also creates the Technical Secretariat for Rural Development for planning, monitoring, and evaluation of policies. The Law on Lands and Colonization remains in force, and previous IDA-related regulations are partially repealed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "11/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72582.json", "html_url": "/legal/doc/norm-72582", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72582&strTipM=TC&nValor3=0" }, { "id": "norm-72586", "citation": "Decreto 37126", "section": "norms", "doc_type": "executive_decree", "title_en": "Sanitary Emergency Declaration for Limón 2000 due to Sewage", "title_es": "Declaratoria de Emergencia Sanitaria en Limón 2000 por Aguas Negras", "summary_en": "Executive Decree No. 37126-S, issued by the President of the Republic and the Minister of Health, declares a sanitary emergency in the community of Limón 2000 due to the upwelling and improper disposal of sewage throughout the community. The decree is based on the General Health Law and the Political Constitution, recognizing health as a matter of public interest and a fundamental right of immediate application. Biological, environmental, and social determinants were detected that seriously affect residents' health, with risks of waterborne diseases such as hepatitis, diarrhea, dermatitis, and meningitis. The decree obliges the population and authorities to comply with health provisions issued, and allows collaboration from public and private entities, NGOs, and international organizations to solve the problem. The precautionary principle is invoked to justify necessary preventive measures. The declaration is effective upon publication and aims to provide technical and administrative agility for solutions.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "03/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72586.json", "html_url": "/legal/doc/norm-72586", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72586&strTipM=TC&nValor3=0" }, { "id": "norm-72648", "citation": "Resolución 008", "section": "norms", "doc_type": "resolution", "title_en": "Generic Tax Exemption Authorization for Project BIOMARCC", "title_es": "Autorización genérica de exención fiscal para el Proyecto BIOMARCC", "summary_en": "This resolution from the General Directorate of Taxation grants a generic exemption from the General Sales Tax and the Selective Consumption Tax to the Project 'Marine and Coastal Biodiversity of Costa Rica: Capacity Building and Climate Change Adaptation' (BIOMARCC), funded by German technical cooperation. The authorization allows the project to acquire goods and services in the national market without processing individual exemption notes, streamlining operations. It sets requirements for purchase orders, designation of authorized signatories, invoice contents, and the obligation to submit semi-annual reports to the Tax Incentives Division. The resolution is valid until November 2014, subject to future legislative changes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72648.json", "html_url": "/legal/doc/norm-72648", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72648&strTipM=TC&nValor3=0" }, { "id": "norm-72660", "citation": "Resolución 1369", "section": "norms", "doc_type": "resolution", "title_en": "Annulment of the Irrigation and Drainage Project Management and Investment Regulation", "title_es": "Nulidad del Reglamento de Gestión e Inversión para Proyectos de Riego y Drenaje", "summary_en": "Resolution GE-1369-2011, issued by the General Management of SENARA, annuls the Regulation for Management and Investment for the Establishment and Development of Irrigation and Drainage Projects, published in Gazette 44 on March 3, 2011. The decision is based on a directive from the Comptroller General of the Republic (Report DFOE-AE-IF-07-2011) ordering the review and adjustment of SENARA's administrative and judicial collection regulations, and on the recommendation of the institution's Legal Department. The Legal Department identified an inconsistency between the annulled regulation and SENARA's Regulation for Administrative and Judicial Collection (in force since 2005). Consequently, the management and investment regulation is entirely annulled, and any updates to collection amounts or other aspects must be formalized through an amendment to the existing collection regulation. The resolution orders its publication for general knowledge.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "_off-topic" ], "date": "06/06/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72660.json", "html_url": "/legal/doc/norm-72660", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72660&strTipM=TC&nValor3=0" }, { "id": "norm-72662", "citation": "Acuerdo 07", "section": "norms", "doc_type": "agreement", "title_en": "Public Zone Delimitation in Carrillo Canton", "title_es": "Delimitación de Zona Pública en el Cantón de Carrillo", "summary_en": "This notice from the National Geographic Institute (IGN) announces the digital georeferenced delimitation of the public zone of the Maritime Terrestrial Zone (ZMT) in the canton of Carrillo, Guanacaste province, carried out in 2010. The delimitation was executed in accordance with Law No. 6043 on the Maritime Terrestrial Zone, its regulations, and Executive Decree No. 36642-MP-MOPT-MINAET, using digital georeferenced delimitation in coastal sectors where official landmarks did not exist. Coordinates of the extreme points for eight sectors (Punta Matasano, Playa Hermosa, Bahía Azul, Playa Matapalito, Punta Gorda and Playita Manzanillo, Playa Guacamayita, and Playa Guacamaya) are provided in CRTM05 and Lambert systems. Sectors already demarcated with official landmarks maintain their status. The data is recorded in the IGN Geodatabase.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72662.json", "html_url": "/legal/doc/norm-72662", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72662&strTipM=TC&nValor3=0" }, { "id": "norm-72731", "citation": "Decreto 37169", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to ASADAS Regulation on System Improvements", "title_es": "Reforma al Reglamento de las ASADAS sobre mejoras de sistemas", "summary_en": "This Executive Decree amends Articles 5 and 21 of the Regulation for Community Aqueduct and Sewer System Administrator Associations (ASADAS), originally set forth in Executive Decree No. 32529-S-MINAE. The amendment establishes that any project for improvements, expansions, or modernization of delegated systems that modifies the water source utilization flow—whether by increasing existing sources or capturing new ones—requires prior technical approval from the Costa Rican Institute of Aqueducts and Sewers (AyA), which must render a decision within 10 business days. Necessary studies may be carried out by the ASADA based on AyA’s standards and with the support of a licensed engineering or architecture professional, and must also obtain authorization from the Ministry of Health’s Regional Health Areas, municipalities, and, when applicable, SETENA. In cases of new development projects, the ASADA must conduct a diagnosis of the system’s condition; if it lacks resources, the interested party may cover the costs, but the studies remain under ASADA’s purview. The amendment aims to streamline procedures, reduce operating costs, and ensure proper water resource management, within the framework of strengthening community aqueducts and the Law for Protecting Citizens from Excessive Administrative Requirements, while respecting MINAET’s authority over water resource use.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "environmental-law-7554" ], "date": "20/04/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72731.json", "html_url": "/legal/doc/norm-72731", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72731&strTipM=TC&nValor3=0" }, { "id": "norm-72738", "citation": "Reglamento municipal 0 (Municipalidad de Golfito, 07/06/2012)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Manual for Use Permits in the Maritime-Terrestrial Zone of Golfito", "title_es": "Manual de Permisos de Uso en la Zona Marítimo Terrestre de Golfito", "summary_en": "This municipal regulation of Golfito establishes the procedure for granting use permits in the canton's maritime-terrestrial zone in the absence of coastal management plans. It defines the use permit as a unilateral, temporary, precarious, and revocable administrative act that only confers a legitimate interest without subjective rights, prohibiting permanent constructions and transfer. It excludes areas with ICT tourism suitability declarations and valid management plans, as well as forest-covered, forestry-suitable, or Natural Heritage of the State lands. It details requirements, inspections, appraisal, and the process before the Environment Committee and the Municipal Council, and establishes grounds for revocation and the obligation to file criminal complaints for illegal constructions or unauthorized uses.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "07/06/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72738.json", "html_url": "/legal/doc/norm-72738", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72738&strTipM=TC&nValor3=0" }, { "id": "norm-72748", "citation": "Acuerdo 36", "section": "norms", "doc_type": "agreement", "title_en": "Agreement 36-2012-MINAET: Country Carbon Neutrality Program", "title_es": "Acuerdo 36-2012-MINAET: Programa País Carbono Neutralidad", "summary_en": "Agreement 36-2012-MINAET formalizes the Country Carbon Neutrality Program, designed for public and private organizations to manage and offset their greenhouse gas (GHG) emissions. It establishes two participation levels: emission inventory report and carbon neutrality declaration. It details standards for inventories (GHG Protocol from WRI and ISO 14064-1), mandatory verification by ECA-accredited bodies, and the exclusive use of the national standard INTE 12-01-06:2011 to certify carbon neutrality. It regulates offsetting options, including Costa Rican Compensation Units (UCCs) transitionally managed by FONAFIFO. It creates the National Registry of Emissions, Reductions, and Offsets and empowers MINAE to grant and regulate the ‘C-Neutral’ mark. The mark cannot be used as a product label, its validity depends on annual verifications, and its withdrawal for non-compliance is publicly announced. This agreement was repealed by Executive Decree 41122 in 2018, which launched the Country Carbon Neutrality Program 2.0.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72748.json", "html_url": "/legal/doc/norm-72748", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72748&strTipM=TC&nValor3=0" }, { "id": "norm-72749", "citation": "Decreto 37136", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Synthetic Pesticides Regulation — Registration Suspensions and Cancellations", "title_es": "Reforma al Reglamento de Plaguicidas Sintéticos — Suspensiones y Cancelaciones de Registro", "summary_en": "This executive decree amends the Regulation on Registration, Use and Control of Formulated Synthetic Pesticides, Active Ingredient Technical Grade, Adjuvants and Related Substances for Agricultural Use (Decree 33495). The amendments focus on the sections regarding suspension and cancellation of registrations of agricultural pesticides and related substances. It introduces a mandatory triennial revalidation of active ingredient technical grade registrations, in accordance with Article 14 of Law 8702, and establishes suspension for non-compliance, which may lead to cancellation if not corrected within three months. Additionally, a supplementary application clause of the General Public Administration Law in procedural matters is added and the previous specific cancellation procedure is repealed, unifying rules under the common administrative procedure. The reform aims to balance the competitiveness of the agricultural sector with the protection of human health and the environment, aligning with international conventions on pesticide trade.", "primary_topic_id": null, "topic_ids": [], "date": "06/10/2011", "year": "2011", "json_url": "/data/legal/docs/norm-72749.json", "html_url": "/legal/doc/norm-72749", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72749&strTipM=TC&nValor3=0" }, { "id": "norm-72759", "citation": "Resolución 855", "section": "norms", "doc_type": "resolution", "title_en": "Tariff band for new private wind generators", "title_es": "Banda tarifaria para generadores eólicos privados nuevos", "summary_en": "ARESEP, through this resolution, sets a tariff band applicable to new private wind generators selling energy to ICE (or other authorized buyers) under Chapter I of Law 7200. The band consists of a lower limit of $0.0830/kWh, an average tariff of $0.1000/kWh, and an upper limit of $0.1171/kWh. It also defines a seasonal structure: high season (January–May) prices range from $0.1100 to $0.1553/kWh, and low season (June–December) from $0.0441 to $0.0622/kWh. The underlying methodology (approved in RJD-163-2011) determines the tariff based on operating costs, investment, return on capital (using the CAPM model), and an environmental factor currently set at zero. The tariff band system allows ICE to negotiate prices within the range, promoting private investment and seeking to replace thermal generation, in compliance with the environmental sustainability principle of Law 7593.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72759.json", "html_url": "/legal/doc/norm-72759", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72759&strTipM=TC&nValor3=0" }, { "id": "norm-72793", "citation": "Resolución 869", "section": "norms", "doc_type": "resolution", "title_en": "Temporary suspension of JAPDEVA port tariffs", "title_es": "Suspensión temporal de tarifas portuarias de JAPDEVA", "summary_en": "Resolution 869-RCR-2012 by ARESEP's Regulatory Committee temporarily suspends the maritime and port service tariffs set by Resolution 780-RCR-2012 for JAPDEVA in Limón and Moín. This precautionary measure complies with an order from the Constitutional Chamber, which admitted an amparo appeal filed by the National Chamber of Shipowners and other productive sectors, alleging violation of the citizen participation principle in tariff setting. Pending the Chamber's final ruling, the 2003 tariffs are reinstated and JAPDEVA is barred from executing the 2012 adjustment. The resolution is administrative in nature and has no environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/06/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72793.json", "html_url": "/legal/doc/norm-72793", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72793&strTipM=TC&nValor3=0" }, { "id": "norm-72823", "citation": "Decreto 37155", "section": "norms", "doc_type": "executive_decree", "title_en": "Swine Farm Regulation", "title_es": "Reglamento sobre granjas porcinas", "summary_en": "Executive Decree No. 37155-MAG (2012) establishes a comprehensive regime for the location, construction, operation, and inspection of swine farms nationwide. It classifies farms by size (subsistence, small, medium, large) and requires a Veterinary Operation Certificate (CVO) issued by SENASA. Minimum distances to property lines, water bodies, healthcare, and educational facilities are set, with reference to the Forestry Law for protection zones. Farms must have wastewater and solid waste treatment systems approved by the Ministry of Health and are prohibited from discharging untreated waste into water bodies. Mandatory records, movement guides, pest control, and confinement of pigs are required to prevent health and environmental risks. Municipalities must respect pre-existing farms when approving new urban developments. It repeals the prior regulation and allows CVO revocation for non-compliance, subject to re-inspection and closure.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "08/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72823.json", "html_url": "/legal/doc/norm-72823", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72823&strTipM=TC&nValor3=0" }, { "id": "norm-72841", "citation": "Decreto 615", "section": "norms", "doc_type": "regulation", "title_en": "SENARA Administrative and Judicial Collection Regulation", "title_es": "Reglamento para el Cobro Administrativo y Judicial del SENARA", "summary_en": "This regulation establishes the administrative and judicial procedures that the National Groundwater, Irrigation, and Drainage Service (SENARA) must follow to collect its overdue monetary claims. In the administrative phase, the Financial-Accounting Unit sends payment reminders before and after maturity to encourage voluntary compliance. If administrative collection efforts are exhausted, the case is referred to the Legal Department within three months of default to initiate judicial proceedings. The regulation details the hiring of external attorneys, their duties (such as filing lawsuits within eight business days, submitting quarterly status reports, and conducting asset searches), and prohibitions (including receiving direct payments from debtors or negotiating settlements without prior SENARA approval). It also governs payment arrangements, which may be authorized if deemed convenient and appropriate but are not obligatory, and explicitly forbids debt forgiveness except by express law. Finally, it outlines the process for writing off uncollectible accounts based on amount thresholds, requiring authorization from Management or the Board of Directors and semiannual portfolio reviews.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "21/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72841.json", "html_url": "/legal/doc/norm-72841", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72841&strTipM=TC&nValor3=0" }, { "id": "norm-72873", "citation": "Decreto 37198", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Utility Declaration ASADA El Yas", "title_es": "Declaratoria de Utilidad Pública ASADA El Yas", "summary_en": "This executive decree declares the Asociación Administradora del Acueducto y Alcantarillado Sanitario de El Yas, located in Santiago de Paraíso, Cartago, of public utility for the interests of the State. The declaration is based on Article 32 of the Law on Associations, which empowers the Executive Branch to grant such recognition to associations whose activities are particularly useful to the State and contribute to solving a social need. The decree transcribes the association's statutory purposes, which include the administration, operation, and maintenance of the aqueduct and sanitary sewer system, community participation, collaboration with the Costa Rican Institute of Aqueducts and Sewers (AyA), and — relevant to the environmental sphere — participation in the protection of watersheds and ecological stability, as well as the control of water pollution. The norm requires the association to submit an annual report to the Ministry of Justice and Peace and to notarize the decree for its registration. Although the declaration is administrative in nature, the environmental purposes incorporated in the bylaws — watershed protection and pollution control — could potentially connect the association with obligations regarding water resources, though the decree itself does not develop substantive aspects of environmental law.", "primary_topic_id": null, "topic_ids": [ "water-law", "_off-topic" ], "date": "16/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72873.json", "html_url": "/legal/doc/norm-72873", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72873&strTipM=TC&nValor3=0" }, { "id": "norm-72921", "citation": "Resolución 0002-31", "section": "norms", "doc_type": "resolution", "title_en": "International Public Sector Accounting Standard 41 — Agriculture", "title_es": "Norma Internacional de Contabilidad del Sector Público N° 41 — Agricultura", "summary_en": "Resolution 0002-2012 of the National Accounting Office adopts IAS 41 for the Costa Rican public sector. The standard prescribes the accounting treatment for agricultural activity, defined as the management of the biological transformation of biological assets (living animals or plants) for sale, agricultural produce, or additional biological assets. It requires biological assets to be measured at fair value less estimated point-of-sale costs, both at initial recognition and at each reporting date, unless fair value cannot be measured reliably. Agricultural produce is measured similarly at the point of harvest. Gains or losses from changes in fair value are included in profit or loss. The standard also regulates recognition of government grants, disclosure requirements, and reconciliation of changes in biological assets. It does not cover subsequent processing of produce or agricultural land.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72921.json", "html_url": "/legal/doc/norm-72921", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72921&strTipM=TC&nValor3=0" }, { "id": "norm-72930", "citation": "Decreto 37181", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of the National Mixed Technical Advisory Commission of SETENA", "title_es": "Reforma de la Comisión Nacional Asesora Técnica Mixta de SETENA", "summary_en": "This decree amends Executive Decree 32631-MINAE to restructure the National Mixed Technical Advisory Commission of the National Environmental Technical Secretariat (SETENA). The reform reduces the number of members from 20 to 11, balancing representation between public and private sectors to improve functionality. The Commission, attached to MINAET, will support SETENA in developing and modernizing environmental impact assessment (EIA) instruments and procedures. It is established that it will meet ordinarily twice a month and may invite experts as guests with voice but no vote. Loss of membership due to repeated non-attendance is regulated. The main motivation was to address recommendations from the Comptroller General and the need to expedite technical decision-making in environmental matters.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "23/04/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72930.json", "html_url": "/legal/doc/norm-72930", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72930&strTipM=TC&nValor3=0" }, { "id": "norm-72945", "citation": "Resolución 0002-37", "section": "norms", "doc_type": "resolution", "title_en": "Adoption of IFRS 6: Exploration for and evaluation of mineral resources", "title_es": "Adopción de la NIIF 6: Exploración y evaluación de recursos minerales", "summary_en": "The Costa Rican Public Sector Accounting Body, as the governing body of the Public Sector Accounting Subsystem, issued Resolution No. 0002-2012 to adopt and implement International Financial Reporting Standard 6 (IFRS 6) — Exploration for and evaluation of mineral resources. This standard establishes criteria for accounting for expenditures incurred by entities during the exploration and evaluation phase of mineral resources, before technical feasibility and commercial viability are demonstrable. IFRS 6 permits certain exemptions from IAS 8 regarding the determination of accounting policies for the recognition and measurement of exploration and evaluation assets, and requires impairment testing based on specific indicators. It also mandates disclosure of information that enables users of financial statements to understand the amounts, timing, and certainty of future cash flows from these assets. The adoption is made under Executive Decree No. 34918-H on IPSAS in the Costa Rican context and applies to all entities and bodies covered by Article 1 of the Financial Administration and Public Budgets Law No. 8131.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72945.json", "html_url": "/legal/doc/norm-72945", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72945&strTipM=TC&nValor3=0" }, { "id": "norm-72950", "citation": "Resolución 037", "section": "norms", "doc_type": "resolution", "title_en": "Pineapple uprooting ban in Cutris due to stable fly outbreak", "title_es": "Prohibición de derribo de piña en Cutris por plaga de mosca del establo", "summary_en": "The National Animal Health Service (SENASA) issues a general and mandatory sanitary measure prohibiting the uprooting of pineapple plantations on all farms in the Cutris district of San Carlos for at least 90 days. The resolution is grounded in Law No. 8495 and the precautionary principle, responding to an exacerbated outbreak of the stable fly (Stomoxys calcitrans) linked to the accumulation of pineapple crop residues. The blood-feeding fly affects livestock and humans, causing severe economic losses and health risks. SENASA orders continued application of insecticides and growth inhibitors in already cleared areas, installation of traps, and provision of repellents to neighboring ranchers. Normal planting and harvesting are unaffected. The Regional Directorate must enforce compliance, and other farmers must maximize cleanliness of their facilities. Effective from July 9, 2012.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72950.json", "html_url": "/legal/doc/norm-72950", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72950&strTipM=TC&nValor3=0" }, { "id": "norm-72969", "citation": "Decreto 37186", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Interest for the \"Costa Rica Verde y Limpia\" Program", "title_es": "Declaratoria de Interés Público del Programa \"Costa Rica Verde y Limpia\"", "summary_en": "Executive Decree No. 37186-MINAET, issued in 2012, declares the \"Costa Rica Verde y Limpia\" (Green and Clean Costa Rica) program of public interest. Promoted by the Terra Nostra Association with MINAET support, the program focuses on environmental education and citizen participation in solid waste management, bringing together public institutions, municipalities, universities, NGOs, and the private sector. It is grounded in the Environmental Law (No. 7554), Biodiversity Law (No. 7788), and the Integrated Waste Management Law (No. 8839). Its objectives include: reflection on environmental education principles, strategic alliances, clean-up campaigns in urban, rural, and coastal communities, promotion of the 3Rs (reduce, reuse, recycle), shared responsibility, and community empowerment for ongoing waste management. The decree authorizes public and private entities to contribute economic resources to support the program's execution within the existing legal framework. This declaration aims to facilitate inter-institutional cooperation to promote a culture of environmentally sustainable development and improve integrated waste management nationwide.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "04/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72969.json", "html_url": "/legal/doc/norm-72969", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72969&strTipM=TC&nValor3=0" }, { "id": "norm-72991", "citation": "Resolución 12", "section": "norms", "doc_type": "resolution", "title_en": "Corcovado National Park Management Plan", "title_es": "Plan de Manejo del Parque Nacional Corcovado", "summary_en": "This resolution by the National Council of Conservation Areas (CONAC) approves and publishes the Management Plan of Corcovado National Park. The document sets out the park's conservation objectives, its land and marine zoning based on desired intervention conditions, and strategic elements such as mission, vision, and values. The zoning defines zones of minimal/nil, low, medium, and high intervention, as well as buffer and influence zones, each with management indicators, acceptable technology, use frequency, and management controls. The plan aims to ensure the conservation of the park's ecosystems, promote scientific research, provide environmental education, and foster sustainable development of neighboring communities, linking biodiversity protection with human well-being on the Osa Peninsula.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "07/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-72991.json", "html_url": "/legal/doc/norm-72991", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=72991&strTipM=TC&nValor3=0" }, { "id": "norm-73013", "citation": "Ley 9046", "section": "norms", "doc_type": "law", "title_en": "Transfer of the Telecommunications Sector from MINAET to MICITT", "title_es": "Traslado del Sector Telecomunicaciones del MINAET al MICITT", "summary_en": "This 2012 law transfers the leadership (rectoría) of the telecommunications sector from the Ministry of Environment, Energy and Telecommunications (MINAET) to the Ministry of Science, Technology and Telecommunications (MICITT). It amends multiple laws—including the ICE Creation Law, Radio Law, General Telecommunications Law, and the Law for the Promotion of Scientific and Technological Development—to replace references to the former ministry with the new one. The law designates MICITT as the authority on telecommunications, outlines its powers and duties, and reorganizes the country's international representation before bodies such as the ITU and CITEL. It also orders the transfer of budgets, staff, and assets from the Telecommunications Vice-Ministry to MICITT. The transfer is purely an executive-branch reorganization with no direct environmental implications.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/06/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73013.json", "html_url": "/legal/doc/norm-73013", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73013&strTipM=TC&nValor3=0" }, { "id": "norm-73016", "citation": "Acuerdo 60", "section": "norms", "doc_type": "agreement", "title_en": "Hydrogeological Methodologies for Water Resource Assessment", "title_es": "Metodologías Hidrogeológicas para Evaluación del Recurso Hídrico", "summary_en": "Agreement 60-2012 of the Ministry of Environment, Energy and Telecommunications (MINAET) officially adopts the Hydrogeological Methodologies for Water Resource Assessment, developed by an Inter-institutional Technical Committee (MINAET, AyA, SENARA) in compliance with directives from the Comptroller General. It establishes scientific procedures to be applied in groundwater assessment to support well drilling permits and water use concessions, as well as water resource investigations. The methodologies promote integrated and sustainable water management, in line with Dublin and Rio principles. It recognizes the overlapping competencies of the institutions involved: MINAET as the governing body, AyA protecting public water supply sources, and SENARA with binding technical criteria on drilling feasibility. It supersedes a prior publication on the same subject.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "12/06/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73016.json", "html_url": "/legal/doc/norm-73016", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73016&strTipM=TC&nValor3=0" }, { "id": "norm-73017", "citation": "Acuerdo 60-A", "section": "norms", "doc_type": "agreement", "title_en": "Hydrogeological Methodologies for Water Resource Assessment", "title_es": "Metodologías Hidrogeológicas para la Evaluación del Recurso Hídrico", "summary_en": "MINAET Agreement 60-2012 officially adopts the technical document 'Hydrogeological Methodologies for Water Resource Assessment', prepared by an Interinstitutional Technical Committee (MINAET, AYA, SENARA) in compliance with directives from the Comptroller General of the Republic. It serves as a guide of methodologies for assessing groundwater resources, applicable to both public and private entities. The document establishes: (1) technical definitions (aquifer, hydraulic conductivity, etc.); (2) a soil moisture balance methodology to estimate potential recharge, including differential gauging and sustainable yield; (3) guidelines for saltwater intrusion studies in coastal zones; (4) requirements for pumping tests (duration, interpretation, parameters) depending on aquifer type; (5) calculation of influence radii between wells and water bodies; (6) methods to delineate recharge zones; (7) equations for calculating contaminant travel times and hydrogeological vulnerability, with emphasis on hydrocarbons; and (8) criteria for wellhead protection zones. The aim is to standardize the technical studies that support drilling permits and groundwater abstraction concessions.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "12/06/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73017.json", "html_url": "/legal/doc/norm-73017", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73017&strTipM=TC&nValor3=0" }, { "id": "norm-73024", "citation": "Decreto 37212", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the National Council for Marine Development (CONAMAR)", "title_es": "Creación del Consejo Nacional de Desarrollo del Mar (CONAMAR)", "summary_en": "This executive decree created the National Council for Marine Development (CONAMAR) as a permanent collegiate body attached to the Ministry of the Presidency, to coordinate and manage in an integrated manner the policies and actions of public institutions with jurisdiction over Costa Rica's marine and coastal spaces. Its composition was defined to include the ministers of the Presidency, Foreign Affairs, Environment and Energy, Public Security, Public Works and Transport, Agriculture and Livestock, Tourism, Human Development and Social Inclusion, Economy Industry and Commerce, and Labor and Social Security, or their vice-ministers. Functions assigned included drafting and proposing the National Marine Policy, coordinating its implementation and evaluation, and forming working groups for sustainable development of marine-coastal areas. An executing Technical Secretariat was established, and provisions on meetings, hearings, and entry into force were made. The decree was later repealed in 2019.", "primary_topic_id": null, "topic_ids": [], "date": "17/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73024.json", "html_url": "/legal/doc/norm-73024", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73024&strTipM=TC&nValor3=0" }, { "id": "norm-73026", "citation": "Decreto 37222", "section": "norms", "doc_type": "executive_decree", "title_en": "Authorization for RECOPE to research renewable energies", "title_es": "Autorización a RECOPE para investigar energías renovables", "summary_en": "This executive decree authorizes the Costa Rican Oil Refinery (RECOPE) to engage in research and development of available and renewable energies, such as alcohol, biodiesel, biomass, plasma, hydrogen, natural gas, solar, and wind energy. The decision is based on the need to reduce the country's dependence on fossil fuels, which in 2009 accounted for 64% of commercial energy, and on the constitutional mandate to ensure a healthy and ecologically balanced environment (Article 50). The decree aligns with the objectives of the 2011-2012 National Development Plan and the 2012-2030 National Energy Plan, aiming for 95% of national energy to come from renewable sources. It is framed within MINAET's stewardship of the energy sector and the integration of institutional efforts to achieve carbon neutrality, reduce pollution, and stimulate economic reactivation. RECOPE, as a public company, must participate in this field within its legal powers, promoting environmentally friendly alternative sources for sustainable energy production.", "primary_topic_id": null, "topic_ids": [], "date": "24/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73026.json", "html_url": "/legal/doc/norm-73026", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73026&strTipM=TC&nValor3=0" }, { "id": "norm-73030", "citation": "Reglamento 0 (Instituto Costarricense de Turismo, 04/07/2012)", "section": "norms", "doc_type": "regulation", "title_en": "Accreditation Process for External Evaluation Bodies under the CST", "title_es": "Proceso de Acreditación de Órganos Externos de Evaluación para el CST", "summary_en": "This ICT Procedure Manual details the accreditation process for External Evaluation Bodies (OEEs) by the National Accreditation Commission (CNA) to carry out evaluations and reevaluations of companies registered under the Certificate of Tourist Sustainability (CST). It sets out the requirements OEEs must meet—such as having at least two certified evaluators and submitting legal and tax documentation—and describes the step-by-step process from registration application to operating authorization. It also defines the sanctioning procedure for non-compliance: from written warning to cancellation of accreditation, guaranteeing due process with remedies of revocation and appeal. The manual derives from Executive Decree No. 36012 MINAET-MEIC-TUR and regulates the technical and administrative relationship between the CNA, the ICT Sustainability Department, and the OEEs.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73030.json", "html_url": "/legal/doc/norm-73030", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73030&strTipM=TC&nValor3=0" }, { "id": "norm-73058", "citation": "Ley 9047", "section": "norms", "doc_type": "law", "title_en": "Regulation and Commercialization of Alcoholic Beverages Law", "title_es": "Ley de Regulación y Comercialización de bebidas con contenido alcohólico", "summary_en": "Law 9047 establishes the municipal licensing regime for alcoholic beverage sales. It classifies licenses into types A, B (B1, B2), C, D (D1, D2), and E (E1-E5), each with specific requirements, hours, and restrictions. The license is personal and non-transferable and does not constitute an asset. Prohibitions include sales to minors, on public roads, or near educational centers. It defines administrative sanctions, including fines and license revocation, and criminal penalties for illegal sales or adulteration. It grants municipalities the authority to ensure compliance and the power to regulate the activity. It repeals much of the old Liquor Sales Law, while temporarily preserving certain rights for previous patent holders.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/06/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73058.json", "html_url": "/legal/doc/norm-73058", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73058&strTipM=TC&nValor3=0" }, { "id": "norm-73061", "citation": "Reglamento municipal 47", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to Playa Dominical Zoning Regulation — Correction of Creek Protection Zone", "title_es": "Reforma al Reglamento de Zonificación de Playa Dominical — Corrección de Zona de Protección de Quebradas", "summary_en": "This document is an agreement by the Municipal Council of Osa amending Article 12 of the Playa Dominical Zoning Plan, correcting a material error in the delimitation of the Creek Protection Zone (ZPQ). The amendment reduces the ZPQ area, disaffecting part of the land and incorporating it into the Cabin Accommodation Zone (ZAC). The new boundaries are defined by specific coordinates. The amendment was ordered by the Constitutional Chamber in resolution 2010019747. The agreement was definitively approved in ordinary session 47-2011 on November 23, 2011, and the final text is issued in Ciudad Cortés on July 27, 2012. A map with the graphic correction is attached.", "primary_topic_id": null, "topic_ids": [], "date": "23/11/2011", "year": "2011", "json_url": "/data/legal/docs/norm-73061.json", "html_url": "/legal/doc/norm-73061", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73061&strTipM=TC&nValor3=0" }, { "id": "norm-73064", "citation": "Decreto 37208", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of CONAGEBIO Member", "title_es": "Nombramiento de miembro de CONAGEBIO", "summary_en": "This executive decree appoints Mr. Rafael Ángel Gutiérrez Rojas as a full member of the National Commission for Biodiversity Management (CONAGEBIO) representing the National System of Conservation Areas (SINAC). The appointment is for a full three-year term, as stipulated in Article 15 of the Biodiversity Law No. 7788. The decree also expressly repeals the previous executive decree No. 35346-MINAET, which regulated a prior appointment. The regulation is based on the constitutional powers of the Executive Branch and on the Biodiversity Law, which created CONAGEBIO as a deconcentrated body of MINAET, responsible for formulating policies for the conservation and sustainable use of biodiversity. This is a specific and concrete administrative act, whose effectiveness is subject to publication in the official gazette.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "18/06/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73064.json", "html_url": "/legal/doc/norm-73064", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73064&strTipM=TC&nValor3=0" }, { "id": "norm-73065", "citation": "Decreto 37223", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of public interest for the Ramsar Technical Mission visit to the Northeast Caribbean Wetland and Route 1856", "title_es": "Declaratoria de interés público de la visita de la Misión Técnica de Ramsar al Humedal Caribe Noreste y Ruta 1856", "summary_en": "This executive decree declares the visit of the Ramsar Convention Technical Mission to Costa Rica, scheduled from July 30 to August 5, 2012, to be of public interest, for evaluating infrastructure works in the Northeast Caribbean Wetland and Route 1856 Juan Rafael Mora Porras. The visit follows Nicaragua's allegations of environmental damage from these works, which Costa Rica denied and then invited the Ramsar Secretariat to verify transparently. The decree urges public and private institutions to contribute financially to the mission's costs, borne by the Costa Rican government, given the importance of meeting Ramsar Convention obligations to report changes in internationally protected wetlands.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73065.json", "html_url": "/legal/doc/norm-73065", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73065&strTipM=TC&nValor3=0" }, { "id": "norm-73101", "citation": "Directriz 35", "section": "norms", "doc_type": "directive", "title_en": "Directive to consider PRUGAM products in GAM territorial planning", "title_es": "Directriz para considerar productos PRUGAM en ordenamiento territorial del GAM", "summary_en": "This directive, jointly issued by the Presidency, MIVAH and MIDEPLAN, mandates all public bodies, entities and companies to take into account the products generated by the Regional Urban Planning Project for the Greater Metropolitan Area (PRUGAM) when formulating or implementing policies, plans, programs and projects related to territorial planning and urban development in the Greater Metropolitan Area (GAM). PRUGAM’s goal was to improve living conditions in the Central Valley through greater economic competitiveness, service efficiency and integrated territorial planning. The products include studies, diagnostics, regulatory proposals (Volume III Regulation), cartographic atlases and tools such as the Environmental Fragility Index (IFA), which must serve as mandatory technical inputs in public decision-making to guide sustainable urban development, densification, environmental protection and protected area connectivity.", "primary_topic_id": null, "topic_ids": [], "date": "28/06/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73101.json", "html_url": "/legal/doc/norm-73101", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73101&strTipM=TC&nValor3=0" }, { "id": "norm-73102", "citation": "Decreto 37225", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Artisanal and Small-Scale Mining by Mining Cooperatives", "title_es": "Reglamento de la Actividad de Minería Artesanal y Pequeña Escala para Cooperativas Mineras", "summary_en": "This decree is the regulation for Law 8904 (which declared Costa Rica free of open-pit metallic mining). It governs underground, artisanal, and small-scale metallic mining carried out exclusively by mining cooperatives. It sets out the requirements and procedures for obtaining exploitation concessions and for installing 'rastras' (artisanal processing plants) and tailings piles. Oversight is centralized with the Dirección de Geología y Minas (DGM). An environmental license is required via an Environmental Impact Study (EsIA) approved by SETENA. It includes obligations regarding occupational health and the handling of hazardous substances (mercury and cyanide) under a Ministry of Health protocol. It details duties such as annual reports, surface fees, environmental bonds, and technical closure plans. Sanctions up to the cancellation of the concession for non-compliance are provided. It also designates mining reserve areas in Abangares, Osa, and Golfito where only cooperatives may operate. A transitory provision forces existing artisanal miners to form cooperatives within one year.", "primary_topic_id": "_off-topic", "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "23/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73102.json", "html_url": "/legal/doc/norm-73102", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73102&strTipM=TC&nValor3=0" }, { "id": "norm-73110", "citation": "Acuerdo 154", "section": "norms", "doc_type": "agreement", "title_en": "Expansion of the Palito-Montero Responsible Fishing Marine Area", "title_es": "Ampliación del Área Marina de Pesca Responsable Palito-Montero", "summary_en": "INCOPESCA Board of Directors Agreement 154-2012 approves the expansion of the Responsible Fishing Marine Area (AMPR) from Palito to Montero, on Chira Island, Gulf of Nicoya. The decision is based on the Management and Monitoring Plan presented by the Development and Research Department, which includes seven thematic axes and geographic delimitation via 17 coordinate points. The objective is to recognize artisanal responsible fishing as a key economic activity for employment, food security, and poverty reduction, regulating permitted fishing gear and methods, promoting the conservation and sustainable use of marine resources, and establishing participatory control and surveillance mechanisms. It also seeks to certify the quality of hand-line caught products, promote mariculture and sustainable tourism projects, and strengthen the technical and financial capacities of local fisher associations.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "29/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73110.json", "html_url": "/legal/doc/norm-73110", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73110&strTipM=TC&nValor3=0" }, { "id": "norm-73111", "citation": "Acuerdo 160", "section": "norms", "doc_type": "agreement", "title_en": "Puerto Níspero Responsible Fishing Marine Area", "title_es": "Área Marina de Pesca Responsable de Puerto Níspero", "summary_en": "The Board of Directors of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) approves, through Agreement AJDIP/160-2012, the creation of the Puerto Níspero Responsible Fishing Marine Area (AMPR) at the mouth of the Tempisque River, Guanacaste. The agreement establishes a fisheries management plan based on eight thematic axes that regulate fishing gear and methods, promote sustainable use of marine resources, biodiversity conservation, and joint enforcement with government agencies. The area covers 2.6 km², bounded by specific geographic coordinates, and borders the Cipancí Wildlife Refuge. It aims to certify the catch under a higher quality standard, seek technical and financial support, and develop mariculture and nature-based tourism projects. The initiative is a participatory management model where the Puerto Níspero Fishermen's Association commits to protecting breeding and nursery zones within the refuge and including the central area to reduce habitat fragmentation. Commercial fishing with selective gear is permitted, as well as free transit for fishers from other areas.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788" ], "date": "29/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73111.json", "html_url": "/legal/doc/norm-73111", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73111&strTipM=TC&nValor3=0" }, { "id": "norm-73113", "citation": "Acuerdo 244", "section": "norms", "doc_type": "agreement", "title_en": "Amendment to Community Work Regulation for Fishers Under Ban", "title_es": "Reforma al Reglamento de Trabajo Comunal para Pescadores en Veda", "summary_en": "Agreement 244 of INCOPESCA's Board of Directors amends the Temporary Regulations for Community Work Service (STC) issued in 2005. The amendment modifies articles 3 and 4, detailing the obligation of fishers receiving subsidies during closures to complete a minimum of 30 weighted hours per month of community work. It establishes mechanisms for the submission of proposals by organizations and beneficiary entities, as well as joint authorization and supervision procedures by INCOPESCA and IMAS. Activities may begin up to 7 days before the closure starts, and excess hours can be carried over to the following month. Article 4 includes a table for valuing weighted hours based on activity type: construction, repair, training, cleaning, gardening, and social services. It also repeals agreement 489-2005. This norm was repealed in 2017 by agreement AJDIP/166-2017.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73113.json", "html_url": "/legal/doc/norm-73113", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73113&strTipM=TC&nValor3=0" }, { "id": "norm-73114", "citation": "Acuerdo 315", "section": "norms", "doc_type": "agreement", "title_en": "INCOPESCA Sport Fishing License Fees 2012", "title_es": "Tarifas de Carnés de Pesca Turística INCOPESCA 2012", "summary_en": "This INCOPESCA Board of Directors Agreement amends Agreement AJDIP/330-2011 to establish a differentiated fee model for the sale of sport fishing licenses, effective upon publication in 2012. The new fee structure introduces variable fees depending on license duration (annual, 1 to 8 days, or 30 days), applicable to nationals, residents, and foreigners, with amounts ranging from US$10 to US$50. The reform is motivated by the need to strengthen institutional revenue from the sale of goods and services, enhance sport fishing activity without harming the sport fishing sector, and cover supervision and control costs to ensure legal compliance. The Agreement provides for a fee review within three months and modifies items 67 and 69 of the previous fee schedule.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/06/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73114.json", "html_url": "/legal/doc/norm-73114", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73114&strTipM=TC&nValor3=0" }, { "id": "norm-73180", "citation": "Acuerdo 09", "section": "norms", "doc_type": "agreement", "title_en": "Public Area Delimitation in Guanacaste", "title_es": "Delimitación de Zona Pública en Guanacaste", "summary_en": "This notice from the National Geographic Institute announces the official delimitation of the public area of the Maritime-Terrestrial Zone in the cantons of La Cruz, Liberia, Santa Cruz, Nicoya, and Nandayure, Guanacaste province. The 'Digital Georeferenced Delimitation' methodology was used, in accordance with the Specifications Regulation approved by Executive Decree No. 36642-MP-MOPT-MINAET of 2011. The document lists start and end coordinates for each coastal sector delimited in the CRTM05 and Lambert systems, covering beaches such as Pochotes, Puerto Soley, Papaturro, Junquillal, Cuajiniquil, Cabuyal, Brasilito, Ostional, Guiones, Garza, Carrillo, and others. It clarifies that sectors previously delimited by milestones and publication in La Gaceta retain their official status. The technical data was registered in the IGN's Digital Georeferenced Geodatabase, under specific codifications per canton, thereby consolidating the public use regime over the first 50 meters of the coastline.", "primary_topic_id": null, "topic_ids": [], "date": "31/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73180.json", "html_url": "/legal/doc/norm-73180", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73180&strTipM=TC&nValor3=0" }, { "id": "norm-73185", "citation": "Acuerdo 06", "section": "norms", "doc_type": "agreement", "title_en": "Demarcation of San Francisco Estuary/Mangrove, Santa Cruz, Guanacaste", "title_es": "Amojonamiento Estero/Manglar San Francisco, Santa Cruz, Guanacaste", "summary_en": "This notice from the National Geographic Institute, issued under Article 63 of the Regulation of Law No. 6043 on the Maritime Terrestrial Zone, communicates the official demarcation of the San Francisco estuary/mangrove in Tamarindo district, Santa Cruz canton, Guanacaste. The boundary-setting work was carried out in September–October 2008 and September 2009, and the notice publishes the coordinates of the 153 boundary markers that define the public zone of this coastal wetland, both in the official CRTM05 projection system and in the Lambert projection of the MBCR-1/50,000 map. The technical record is registered as number 2A in the Maritime Terrestrial Zone Registry of the IGN.", "primary_topic_id": null, "topic_ids": [], "date": "13/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73185.json", "html_url": "/legal/doc/norm-73185", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73185&strTipM=TC&nValor3=0" }, { "id": "norm-73201", "citation": "Decreto 37187", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Arenal Tempisque Watershed Implementation and Development Commission", "title_es": "Creación de la Comisión de Implementación y Desarrollo de la Cuenca Arenal Tempisque (CIDECAT)", "summary_en": "This executive decree establishes the Arenal Tempisque Watershed Implementation and Development Commission (CIDECAT), replacing a previous commission from 1997. CIDECAT promotes inter-institutional coordination for integrated management of natural resources in the watershed extending from the Arenal reservoir to the mouth of the Tempisque River. It includes representatives from ministries, autonomous agencies, municipalities, NGOs, and civil society. The commission seeks funding, develops plans and projects, and addresses specific watershed issues, with a seven-member board and an executive director for administrative functions. The prior decree is repealed, and a six-month deadline is set to regulate its specific functions.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "03/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73201.json", "html_url": "/legal/doc/norm-73201", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73201&strTipM=TC&nValor3=0" }, { "id": "norm-73222", "citation": "Reglamento municipal 34-B", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Roadway Regulation of the Carrillo Coastal Regulatory Plan", "title_es": "Reglamento de Vialidad del Plan Regulador Costero de Carrillo", "summary_en": "This municipal regulation establishes roadway standards for the Maritime Terrestrial Zone of the Carrillo canton, as part of its Coastal Regulatory Plan. It defines types of roads (national and cantonal), their rights-of-way, minimum cross-sections, and prohibitions on public roads. It requires concession holders to adjust their concessions to the proposed road network and to bear delimitation costs. It also regulates public parking and parking requirements for commercial and hotel concessions. The regulation is supplemented by the General Public Roads Law and the National Subdivision and Urbanization Regulation. It was approved by the Municipal Council after obtaining environmental viability from SETENA (resolution 1909-2012-SETENA) and approvals from INVU and ICT.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "21/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73222.json", "html_url": "/legal/doc/norm-73222", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73222&strTipM=TC&nValor3=0" }, { "id": "norm-73226", "citation": "Reglamento municipal 34-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Coastal Regulatory Plan of Carrillo Canton: Zoning Regulation", "title_es": "Plan Regulador Costero del cantón de Carrillo: Reglamento de Zonificación", "summary_en": "This municipal regulation of Carrillo Canton, approved by the Municipal Council in 2012 as part of the Coastal Regulatory Plan, establishes zoning and land use rules for the canton's Maritime-Terrestrial Zone (ZMT). It defines the 50-meter Public Zone, where development is prohibited except for public infrastructure, and the 150-meter Restricted Zone, where concessions are granted. Land use categories include: tourism (TAN, TAP), mixed (MIX), community (CAN), cooperatives (OAC), roads (OAV), future development (FAD), and protection (PA) for areas near rivers, springs, and archaeological sites. It details parameters for each zone: minimum and maximum lot sizes, coverage (up to 80% in TAN, 60% in TAP), height (1 to 3 floors), setbacks (3 to 5 meters, and 15 meters from rivers per Forestry Law), and density. It adds overlay regulations such as coastal light control in sea turtle nesting beaches (ZCL), with height limits, vegetative barriers, and lighting restrictions. Pre-existing concessions are classified as conforming, non-conforming, or conditional; non-conforming ones may continue until their term expires, after which they must conform or be canceled. Every new concession must demonstrate availability of public services (water, electricity, sanitation, roads) and conventional septic tanks are prohibited in the ZMT, requiring systems that prevent contaminant discharge into soil or water. The regulation includes measures for landscape, flora, and fauna protection, and prohibits vertical condominiums. Management falls to the Municipality with ICT coordination, and violations face administrative, civil, and criminal penalties under various cited laws.", "primary_topic_id": null, "topic_ids": [ "landscape-protection" ], "date": "21/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73226.json", "html_url": "/legal/doc/norm-73226", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73226&strTipM=TC&nValor3=0" }, { "id": "norm-73247", "citation": "Reglamento municipal 219", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Procedure Manual for Use Permits in the Maritime-Terrestrial Zone of Aguirre", "title_es": "Reforma al Manual de Procedimientos para Permisos de Uso en Zona Marítimo Terrestre de Aguirre", "summary_en": "The Municipal Council of Aguirre, by agreement in ordinary session No. 219-2012, amended Articles 6, 7, and 11 of the procedure manual for granting use permits in the maritime-terrestrial zone of the canton. The amendment, based on Legal Advisory Report ALCM-150-2012, introduces specificity in permitted uses (clearing, surveillance, studies, recreation with health conditions), establishes the temporary nature of permits for a maximum of twelve months, renewable, and regulates a special contribution of 2% on the value of the parcel, to be assessed by the Valuation Department. It emphasizes the precarious nature of the permit and the prohibition of altering the natural conditions of the coastal zone. The amendment aims to streamline and clarify the procedure, avoiding the repeal of the existing manual and correcting inconsistencies in previous proposals.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73247.json", "html_url": "/legal/doc/norm-73247", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73247&strTipM=TC&nValor3=0" }, { "id": "norm-73296", "citation": "Decreto 37219", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Article 14 of the Papagayo Gulf Tourism Project Regulation", "title_es": "Reforma al artículo 14 del Reglamento del Proyecto Turístico Golfo de Papagayo", "summary_en": "This executive decree amends the third paragraph of Article 14 of the Regulation to the Law for the Development and Execution of the Papagayo Gulf Tourism Project (Executive Decree No. 25439-MP-TUR of 1996). The reform updates the base value per square meter of concession land used to calculate the annual municipal fee that concessionaires must pay to the municipalities of Liberia and Carrillo when the concession includes all or part of the restricted zone of the maritime-terrestrial zone. The new value is set at US$3.04 per square meter, adjustable every five years and convertible to local currency using the Central Bank's purchase exchange rate as of December 15 each year. The measure follows a technical study by the Executive Office and the need to keep the fee for use of the maritime-terrestrial zone current, in line with the Law on the Maritime-Terrestrial Zone and the special law for the Tourism Pole.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "25/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73296.json", "html_url": "/legal/doc/norm-73296", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73296&strTipM=TC&nValor3=0" }, { "id": "norm-73300", "citation": "Decreto 37301", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Regulation on Air Pollutant Emissions from Indirect-Fired Boilers and Furnaces — Decree 37301", "title_es": "Reforma al Reglamento sobre Emisión de Contaminantes Atmosféricos de Calderas y Hornos de Tipo Indirecto — Decreto 37301", "summary_en": "This decree amends Article 7 of the Regulation on Air Pollutant Emissions from Indirect-Fired Boilers and Furnaces (Executive Decree 36551-S-MINAET-MTSS of 2011), updating the maximum emission limits for atmospheric pollutants from boilers and furnaces burning fossil fuels and biomass. The amendment was prompted by a technical study submitted by the sugar industry requesting that pre-2011 concentration limits be maintained and that oxygen reference levels be reviewed. The decree sets new limits for total suspended particulates, sulfur dioxide, and nitrogen oxides, differentiating by fuel type (liquid, gas, solid, and biomass) and source size. It introduces the requirement to report emissions on a dry basis corrected to a specific oxygen percentage for each type of equipment. It also incorporates opacity measurement methodology and maintains a reference to energy efficiency regulations. The amendment seeks to balance public health protection with industrial competitiveness, particularly for the sugar sector.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "22/03/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73300.json", "html_url": "/legal/doc/norm-73300", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73300&strTipM=TC&nValor3=0" }, { "id": "norm-73315", "citation": "Decreto 37305", "section": "norms", "doc_type": "executive_decree", "title_en": "National Emergency Declaration for the September 5, 2012 Earthquake", "title_es": "Estado de Emergencia Nacional por terremoto del 5 de setiembre de 2012", "summary_en": "Executive Decree No. 37305-MP, issued on September 24, 2012, declared a national state of emergency in several cantons of Guanacaste, Puntarenas, Alajuela, and Heredia due to the damage caused by the 7.6 Mw earthquake that struck the Nicoya Peninsula on September 5, 2012. The earthquake caused structural collapses, damage to the road network, disruption of public services such as telecommunications, electricity, and water, and the closure of the Monseñor Sanabria Hospital. The decree activates the three emergency phases under the National Emergency and Risk Prevention Law (Law No. 8488): response, rehabilitation, and reconstruction. It designates the National Commission for Risk Prevention and Emergency Response (CNE) as the coordinating body, authorizes public entities to make contributions and donations, allows the use of surplus funds from other emergencies, establishes legal easements over private property when indispensable, and enables expropriation without prior compensation in exceptional cases. The decree was to remain in effect for the period determined by the Executive Branch based on CNE reports or the maximum legal term. It was repealed in 2019 by Decree No. 41811.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/09/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73315.json", "html_url": "/legal/doc/norm-73315", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73315&strTipM=TC&nValor3=0" }, { "id": "norm-73320", "citation": "Acuerdo 307", "section": "norms", "doc_type": "agreement", "title_en": "Amendment to Fuel Regulation for Fishing Fleet", "title_es": "Modificación al Reglamento de Combustible para Flota Pesquera", "summary_en": "The Board of Directors of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) amends Articles 8, 9, and 59 of the Regulation for the regulation and control of efficient fuel use at internationally competitive prices, intended for the national commercial non-sport fishing fleet and the national tourist fishing fleet. The amendment introduces three main changes: it extends the validity of the agreement to three years when storage tanks are not required and the Ministry of Environment (MINAET) is not involved; it exempts fishing organizations that buy directly from RECOPE and use authorized tanker trucks from certain requirements of Article 9, replacing them with a notarized affidavit; and it excepts cases where diesel is deposited directly from the tanker to the vessel from the reference to MINAET in Article 59. The goal is to streamline procedures and adapt regulations to existing practical situations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/06/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73320.json", "html_url": "/legal/doc/norm-73320", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73320&strTipM=TC&nValor3=0" }, { "id": "norm-73322", "citation": "Acuerdo 377", "section": "norms", "doc_type": "agreement", "title_en": "One-year total fishing ban in AMRP Tárcoles for trawl and small-scale fishing", "title_es": "Veda total por un año en AMPR Tárcoles para pesca de arrastre y artesanal", "summary_en": "Agreement AJDIP/377-2012 from INCOPESCA maintains a total fishing ban for one year in zones 1, 2, 3, and 4 of the Tárcoles Marine Responsible Fishing Area (AMPR), prohibiting trawl and small-scale gillnet fishing. The measure, effective until August 19, 2013, is based on biological research results on shrimp biomass and finfish fishing presented by the Monitoring Commission. The Board adopted the majority recommendation to uphold the shrimp ban and continue studies, but rejected allowing finfish fishing with gillnets of 3.5 inches or larger in those subzones due to their importance for resource reproduction and proximity to the coast (about one mile). It also orders continued research on shrimp biomass estimation involving both semi-industrial and artisanal sectors, with day and night sampling, and quarterly progress reports.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73322.json", "html_url": "/legal/doc/norm-73322", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73322&strTipM=TC&nValor3=0" }, { "id": "norm-73336", "citation": "Ley 9069", "section": "norms", "doc_type": "law", "title_en": "Tax Management Strengthening Law", "title_es": "Ley de Fortalecimiento de la Gestión Tributaria", "summary_en": "This law substantially reforms the Costa Rican Tax Code (Law 4755) and additional tax statutes to strengthen the fight against evasion, improve tax administration controls, and increase penalties. It modifies rules on ex officio determinations, statutes of limitations, material infractions (omission, inaccuracy, improper refunds), and resistance to control actions. Penalties are raised, and it creates the crime of defrauding the Public Treasury with prison terms of 5 to 10 years when the evaded amount exceeds 500 base salaries. The law also reforms the General Customs Law (7557) to reinforce the fight against smuggling and customs tax fraud, introduces accessory files in audits, modernizes electronic notifications, and clarifies the burden of proof in tax matters. Furthermore, it adds a Title VI to the Tax Code on taxpayer rights and guarantees, including due process, confidentiality, and the right to be informed. The law does not address environmental or land-use matters; it focuses exclusively on the management, control, collection, and penalization of internal and customs taxes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/09/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73336.json", "html_url": "/legal/doc/norm-73336", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73336&strTipM=TC&nValor3=0" }, { "id": "norm-73338", "citation": "Acuerdo 36", "section": "norms", "doc_type": "agreement", "title_en": "Creation of Bahía Drake District", "title_es": "Creación del distrito Bahía Drake", "summary_en": "This Executive Decree creates the Bahía Drake district, sixth of the canton of Osa, province of Puntarenas. The district is segregated from the third district, Sierpe, and its seat is Villa Agujitas (Drake). It lists the settlements included: Ángeles, Banegas (part), Boca Ganado, Campanario, Caletas, Guerra, Planes, Progreso, Quebrada Ganado, Rancho Quemado, Riyito, San Josecito (Rincón), and San Pedrillo. It describes in detail the geographical boundaries of the district, using rivers, creeks, ridgelines, and elevation points as references, bordering the Sierpe district to the northeast, the Puerto Jiménez district to the southeast, and the Pacific Ocean to the northwest. The National Geographic Institute is authorized to interpret the boundaries in case of doubt and to prepare the official map. The district name is subject to approval by the National Nomenclature Commission. This administrative act is based on the Political Constitution and the Law on Administrative Territorial Division.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73338.json", "html_url": "/legal/doc/norm-73338", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73338&strTipM=TC&nValor3=0" }, { "id": "norm-73357", "citation": "Decreto 37289", "section": "norms", "doc_type": "executive_decree", "title_en": "Increase of Maximum Budgetary Expenditure for the Water Directorate, 2012", "title_es": "Ampliación del gasto presupuestario máximo para la Dirección de Aguas, 2012", "summary_en": "Executive Decree No. 37289-H increases the maximum budgetary expenditure authorized for the Water Directorate of the National Meteorological Institute during 2012 by ¢1,012,690,430.10, using funds from the free surplus. The measure responds to a request from the IMN Director General to finance equipment and strategic projects related to water resource management, including the purchase of meteorological stations, GIS licenses, vehicles, and the development of national systems for real-time groundwater monitoring and integrated water resource information management. The increase is justified by the need to improve coverage, knowledge, and availability of water in ungauged basins, as well as the direct relationship of these expenses with the operation of water permit and concession systems. The decree partially rejects the original request for items not directly related to substantive activity and excludes a transfer to COMCURE as it falls outside the maximum budgetary expenditure.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "24/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73357.json", "html_url": "/legal/doc/norm-73357", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73357&strTipM=TC&nValor3=0" }, { "id": "norm-73366", "citation": "Resolución 383", "section": "norms", "doc_type": "resolution", "title_en": "Special Commission for Diagnosis of the Geology and Mines Directorate", "title_es": "Comisión Especial de diagnóstico de la Dirección de Geología y Minas", "summary_en": "This ministerial resolution establishes a Special Commission tasked with conducting an operational and evaluative diagnosis of the management, processes, and procedures of the Geology and Mines Directorate (DGM) of MINAET. The decision is based on the need to review state mining policies and simplify administrative procedures in accordance with the Law for the Protection of Citizens from Excessive Requirements and Administrative Procedures and the General Law of Internal Control. The Commission must analyze the effectiveness and efficiency of the DGM along administrative, legal, and technical axes; review the regulatory framework of the mining sector; propose technological and digital improvements; and ensure that mining exploration and exploitation are compatible with sustainable development. It is given a three-month deadline to submit a report with recommendations and an implementation schedule for short-, medium-, and long-term actions (maximum 18 months). The resolution instructs the Commission to prepare a work plan within 15 working days. It is an organizational and procedural norm that contains no substantive environmental provisions, although its stated objective is to ensure that mining activity is carried out in balance with the environment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73366.json", "html_url": "/legal/doc/norm-73366", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73366&strTipM=TC&nValor3=0" }, { "id": "norm-73382", "citation": "Decreto 37257", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of Representative to CONAGEBIO", "title_es": "Nombramiento de representante ante CONAGEBIO", "summary_en": "This executive decree appoints Eva María Carazo Vargas as a full member of the National Commission for Biodiversity Management (CONAGEBIO), representing the Costa Rican Federation for Environmental Conservation (FECON). The appointment is for a three-year term, in accordance with Article 15 of the Biodiversity Law No. 7788. It also repeals the previous executive decree that had designated another representative from the same federation. The measure is part of the biodiversity governance structure established by the law, which created CONAGEBIO as a decentralized body of MINAET with functions of conservation, ecologically sustainable use, and restoration of biodiversity. It is an administrative act of a personal and temporary nature, with no general regulatory content, which does not alter the powers or procedures of the Commission but merely updates its membership.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "27/04/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73382.json", "html_url": "/legal/doc/norm-73382", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73382&strTipM=TC&nValor3=0" }, { "id": "norm-73385", "citation": "Decreto 37314", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Regulation on Water Quality for Human Consumption in Health Facilities", "title_es": "Reforma al Reglamento para la Calidad del Agua para Consumo Humano en Establecimientos de Salud", "summary_en": "This executive decree amends the Regulation on Water Quality for Human Consumption in Health Facilities (Decree 37083-S). The amendment adjusts the scope of application to hospital facilities with inpatient stays exceeding 24 hours and updates the maximum permissible microbiological and physicochemical limits. Notably, it reduces the maximum allowable value for total arsenic to 10 μg/L, arguing that higher values could endanger public health due to the lack of technical studies supporting a variation. This is a public health regulation that protects water as an essential element for sustainable development and life.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73385.json", "html_url": "/legal/doc/norm-73385", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73385&strTipM=TC&nValor3=0" }, { "id": "norm-73393", "citation": "Decreto 37347", "section": "norms", "doc_type": "executive_decree", "title_en": "Manual for Infrastructure Project Development from a Road Safety Perspective", "title_es": "Manual para el desarrollo de proyectos de infraestructura desde la óptica de la seguridad vial", "summary_en": "This decree mandates the use of the 'Manual for Infrastructure Project Development from a Road Safety Perspective' in all public works contracted by the Ministry of Public Works and Transportation (MOPT) and the Costa Rican State. The manual establishes technical guidelines for incorporating road safety criteria into the planning, design, construction, and operation stages of roads and highway networks. It covers functional classification of roads, geometric design parameters (speed, sight distances, curve radii, superelevation, friction), roadside design ('forgiving highways'), vehicle restraint systems (barriers, crash cushions, terminals), traffic control in work zones, road safety inspections, and accident management plans. The regulation fills a regulatory gap and complies with previous mandates from Decree 33148-MOPT and amendments to Law 7798 (CONAVI) and Law 7762 (Public Works Concession), which require the inclusion of road safety components in all road projects.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/09/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73393.json", "html_url": "/legal/doc/norm-73393", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73393&strTipM=TC&nValor3=0" }, { "id": "norm-73419", "citation": "Decreto 37278", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Maritime-Terrestrial Zone Law Regulation", "title_es": "Reforma Reglamento a la Ley sobre la Zona Marítimo Terrestre", "summary_en": "Executive Decree No. 37278-MP-H-T-DDL of 2012 amends several articles of the Regulation to the Maritime-Terrestrial Zone Law, primarily regarding the preparation of appraisals to determine the concession fee. It transfers the authority to perform such appraisals from the General Directorate of Taxation of the Ministry of Finance to the municipalities or district municipal councils. It requires municipalities to have professionals in engineering, architecture or surveying, and to use the methodology of the Technical Standardization Body based on homogeneous zone value platforms. If they lack personnel, they may request inter-institutional collaboration or hire externally. The market value of the land is defined as the taxable base, excluding buildings, with a coefficient of 0.60 applied. The 50-meter public use zone and reserve areas are excluded from the appraisal. Appraisals are valid for five years. It also regulates the notification procedure to the concessionaire, the deadline for appeals, the calculation of the fee in advance, and the extinction of the concession due to death without heirs or for public use, compensating improvements as per the municipal appraisal. It includes a transitional provision for the return of pending files.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "31/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73419.json", "html_url": "/legal/doc/norm-73419", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73419&strTipM=TC&nValor3=0" }, { "id": "norm-73485", "citation": "Acuerdo 382", "section": "norms", "doc_type": "agreement", "title_en": "Amendment to the Institutional Environmental Management Commission of the Ministry of Public Security", "title_es": "Reforma a la Comisión Institucional de Gestión Ambiental del Ministerio de Seguridad Pública", "summary_en": "This ministerial agreement amends the composition of the Institutional Commission for the Development of Environmental Management Programs of the Ministry of Public Security, originally created by Agreement No. 007-2012-MSP. The amendment is justified by the need to include the Institutional Procurement Directorate as a permanent member, in order to align the ministry's public procurement with environmental sustainability criteria. It invokes Law No. 8839 on Integrated Waste Management, which empowers the administration to include environmental criteria in contracting processes, and the pilot program on Sustainable Public Procurement coordinated by MINAET and the Ministry of Finance. The modification consists of adding a tenth member to the commission: the head of the Institutional Procurement Directorate. The agreement was later rendered ineffective by Article 12 of Agreement No. 24 of March 2, 2016. Its purpose is to strengthen institutional environmental management by integrating the procurement function.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/09/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73485.json", "html_url": "/legal/doc/norm-73485", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73485&strTipM=TC&nValor3=0" }, { "id": "norm-73489", "citation": "Acuerdo 001", "section": "norms", "doc_type": "agreement", "title_en": "Agreement 001-MAG — Establishes the National Technical Commission on Biosafety", "title_es": "Acuerdo 001-MAG — Conforma la Comisión Técnica Nacional de Bioseguridad", "summary_en": "This agreement by the Ministry of Agriculture and Livestock appointed the members of the National Technical Commission on Biosafety (CTNBio) for the 2012-2014 term. The commission, established under Article 40 of the Phytosanitary Protection Law and its regulations, serves as an advisory body to the State Phytosanitary Service on biotechnology matters. Its primary role is to advise public institutions on authorization processes for genetically modified organisms. The agreement designated representatives from seven entities: the Ministry of Science and Technology, Ministry of Agriculture and Livestock, Ministry of Environment, Energy and Telecommunications, National Seed Office, National Academy of Sciences, Costa Rican Federation for Environmental Conservation, and the Biodiversity Coordination Network. Appointments were for a two-year term. This agreement was later repealed by Article 3 of Agreement 008-2013 of August 26, 2013, which constituted a new commission.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "24/09/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73489.json", "html_url": "/legal/doc/norm-73489", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73489&strTipM=TC&nValor3=0" }, { "id": "norm-73499", "citation": "Decreto 37354", "section": "norms", "doc_type": "executive_decree", "title_en": "Shark finning ban and fin regulation", "title_es": "Prohibición de aleteo de tiburones y regulación de aletas", "summary_en": "This executive decree bans shark finning in Costa Rican jurisdictional waters and prohibits importing shark fins without certification that they were landed naturally attached to the body. It also forbids transporting, transshipping, or possessing fins aboard a vessel. The decree mandates that sharks be landed with all fins naturally attached. INCOPESCA officials, together with other authorities like the National Coast Guard Service, are responsible for enforcement through inspections. Violation results in cancellation of the fishing license. The decree reinforces the mandates of the Fisheries and Aquaculture Law No. 8436 and its regulations, consistent with the constitutional right to a healthy environment and sovereignty over marine resources.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "10/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73499.json", "html_url": "/legal/doc/norm-73499", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73499&strTipM=TC&nValor3=0" }, { "id": "norm-73503", "citation": "Ley 9073", "section": "norms", "doc_type": "law", "title_en": "Law for the Protection of Occupants of Special-Classification Zones", "title_es": "Ley de Protección a los Ocupantes de Zonas clasificadas como Especiales", "summary_en": "Law 9073, enacted in 2012, imposed a 24-month moratorium on evictions, demolitions, and activity suspensions in the maritime-terrestrial zone, border zone, and State Natural Heritage areas. The moratorium did not preclude precautionary measures or enforcement of final rulings for environmental harm; the Environmental Administrative Tribunal and the Minister of Environment were authorized to lift the moratorium in cases posing environmental danger. Precarious occupants gained no rights, could not alter structures, and new occupations were prohibited. Municipalities could apply the moratorium by municipal council decision. The State was ordered to take zoning measures. In 2019, the Constitutional Chamber annulled the law for violating environmental and public domain principles.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "procedural-environmental" ], "date": "19/09/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73503.json", "html_url": "/legal/doc/norm-73503", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73503&strTipM=TC&nValor3=0" }, { "id": "norm-73504", "citation": "Ley 9078", "section": "norms", "doc_type": "law", "title_en": "Law on Public Roads and Road Safety", "title_es": "Ley de Tránsito por Vías Públicas Terrestres y Seguridad Vial", "summary_en": "Law regulating circulation on public land roads of vehicles and persons, road safety, vehicle ownership regime, technical inspections, driver's licenses, infractions, penalties and mandatory insurance. Establishes traffic rules, speed limits, vehicle and driver requirements, and defines powers of agencies such as MOPT, Cosevi and CTP. Includes provisions on public transport, emissions and noise control, preferential parking, and vehicle circulation restrictions. Repeals Law 7331 and constitutes the framework regulations on land traffic and road safety in Costa Rica.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73504.json", "html_url": "/legal/doc/norm-73504", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73504&strTipM=TC&nValor3=0" }, { "id": "norm-73527", "citation": "Reglamento municipal 189-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "General Regulation of the Paraíso Regulatory Plan", "title_es": "Reglamento General del Plan Regulador de Paraíso", "summary_en": "The General Regulation of the Paraíso Regulatory Plan establishes urban development standards that are mandatory for both the administration and the governed within the canton's area included in the Greater Metropolitan Area (GAM). Its primary objective is the urban planning of the cantonal territory, defining development policies and complementary regulations on land use zoning, road systems, urban renewal, subdivision and development control, construction, official mapping, and neighborhood improvement. The plan's structure comprises a regulatory part and a graphic part with maps and urban fact sheets. It specifies the scope of application, administration by the local government, and the creation of a Monitoring Commission. It regulates urban licenses, land use certificates, municipal endorsements, urban conditions such as growth boundaries, coverage, and height, incentives for granting areas to public use, and historical heritage. It also includes sanctions for violations, transitional provisions, and the plan's effective date, repealing any contrary municipal provisions. It incorporates reforms and additions approved in 2013, such as deadlines for adapting existing uses, permits, and complementary plans like the Integrated Solid Waste Management Plan.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73527.json", "html_url": "/legal/doc/norm-73527", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73527&strTipM=TC&nValor3=0" }, { "id": "norm-73528", "citation": "Reglamento municipal 189-B", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Paraíso Zoning Regulation", "title_es": "Reglamento de Zonificación de Paraíso", "summary_en": "This Zoning Regulation forms an integral part of the Paraíso Canton Master Plan, approved by the Municipal Council. It divides the territory into 14 land-use zones (residential, commercial, industrial, agricultural, protection, tourism, etc.) and defines, for each, permitted land uses as conforming, conditional, or non-conforming, according to a detailed annex. It regulates the procedure for obtaining a land-use certificate, an indispensable prerequisite for any municipal license, including provisions for overlapping boundaries, unlisted uses, and special cases such as protected wild areas. It incorporates environmental guidelines, urban parameters (height, coverage, density, setbacks), and monitoring mechanisms through a Commission. The regulation aims to order urban growth, protect the environment, and ensure compatibility of activities, harmonizing national legislation with the canton's particularities.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "12/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73528.json", "html_url": "/legal/doc/norm-73528", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73528&strTipM=TC&nValor3=0" }, { "id": "norm-73531", "citation": "Reglamento municipal 189-E", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Subdivision and Urbanization Regulation", "title_es": "Reglamento de Fraccionamientos y Urbanizaciones", "summary_en": "This Regulation is an integral part of the Regulatory Plan of the canton of Paraíso and establishes municipal conditions for allowing subdivisions, urbanizations, and residential complexes within that territory. It details requirements for access to public roads, availability of essential public services (potable water and electricity), public area transfers, minimum lot sizes, and municipal approval procedures. It regulates simple subdivisions, subdivisions for agricultural/livestock/forestry purposes, and subdivisions for urban development purposes, as well as urbanizations and residential complexes. It includes provisions on forest protection areas and water bodies, earthworks, wastewater treatment, and storm drainage. The single municipal approval is a prerequisite for all subdivisions, and grounds for denial and expiration are set forth. It also covers special cases such as cemeteries and lots for public service infrastructure.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "12/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73531.json", "html_url": "/legal/doc/norm-73531", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73531&strTipM=TC&nValor3=0" }, { "id": "norm-73536", "citation": "Reglamento municipal 189-G", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Official Map Regulation of the Canton of Paraíso", "title_es": "Reglamento del Mapa Oficial del Cantón de Paraíso", "summary_en": "This municipal regulation of the Canton of Paraíso is part of the Regulatory Plan and sets norms for the identification, acquisition, and management of all cantonal public areas, with a central focus on the road system. It defines municipal jurisdiction over the cantonal road network, establishes a detailed road hierarchy with right-of-way dimensions for each type — from 14 m local rural roads to 9 m tertiary urban streets — and lists proposed roads for future urban development. The regulation also governs the provision and selection of public areas (parks, plazas, community facilities) aiming at 10 m² per inhabitant, and standardizes criteria for the installation of urban furniture, tree planting, on-street parking, public transport terminals, and bicycle lanes, setting clear responsibilities for urban developers in land cession and road widening.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "12/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73536.json", "html_url": "/legal/doc/norm-73536", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73536&strTipM=TC&nValor3=0" }, { "id": "norm-73548", "citation": "Reglamento municipal 185", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Operation and Administration of the Sanitary Sewer and Wastewater Treatment Plants of the Canton of La Unión", "title_es": "Reglamento para la operación y administración del Alcantarillado Sanitario y Plantas de Tratamiento de Aguas Residuales del Cantón de la Unión", "summary_en": "This municipal regulation establishes the rules and procedures for the approval of sanitary solutions in public and private construction projects, both existing and future, in the canton of La Unión. It covers the operation and administration of the collection, treatment, and final disposal service for wastewater. It defines responsibilities for construction, operation, and maintenance for developers, users, and the municipality. It includes technical specifications for septic tank systems and other treatment types, as well as for gravity-based and electromechanical sewer systems. It sets prohibitions such as mixing untreated wastewater with stormwater or direct discharge into water bodies. It regulates fees, fines, and performance guarantees. It is grounded in national legislation such as the Organic Environmental Law, Biodiversity Law, and General Health Law, and aligns with the Regulatory Plan and Environmental Fragility Indices of the canton. Its objective is to protect public health, natural resources, and water resources through proper wastewater management.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "environmental-law-7554", "biodiversity-law-7788" ], "date": "13/09/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73548.json", "html_url": "/legal/doc/norm-73548", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73548&strTipM=TC&nValor3=0" }, { "id": "norm-73553", "citation": "Reglamento municipal 189", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulatory Plan of the Canton of Paraíso", "title_es": "Plan Regulador del Cantón de Paraíso", "summary_en": "This document records the final approval and publication of the Regulatory Plan of the Canton of Paraíso, adopted by the Municipal Council in session 189 on October 12, 2012. The plan governs urban and territorial development through eight complementary regulations: General, Land Use Zoning, Roadways, Urban Renewal, Subdivision and Development Control, Construction, Official Map, and Outdoor Advertising. These instruments set rules for land use, road infrastructure, urban renewal, land subdivision, construction, and outdoor advertising, aiming to guide cantonal growth under sustainability and environmental protection criteria. By integrating territorial planning tools, the plan directly affects natural resource management, forest conservation, and prevention of cumulative impacts from new developments.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "12/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73553.json", "html_url": "/legal/doc/norm-73553", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73553&strTipM=TC&nValor3=0" }, { "id": "norm-73555", "citation": "Decreto 37358", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Management of Stubble, Waste, and Residues of Animal and Vegetable Origin for Pest Control", "title_es": "Reglamento para el Manejo de Rastrojos, Desechos y Residuos de origen Animal y Vegetal para el control de Plagas", "summary_en": "Executive Decree No. 37358-MAG, issued in 2012 and repealed in 2023, established phytosanitary and animal health measures to control the proliferation of the stable fly (Stomoxys calcitrans) through proper management of stubble, waste, and residues of agricultural and livestock origin. It declared the control of this pest as a particular and mandatory combat, detailing obligations for owners or occupants of production units, including the implementation of good practices, management plans, prohibition of open-air storage, and the requirement to register the origin and treatment of chicken manure and litter. It empowered SENASA to issue sanitary measures and apply administrative sanctions in accordance with the National Animal Health Service Law. Although its main focus was sanitary and agricultural, the regulation had an indirect environmental impact by promoting practices that prevented contamination from organic waste and pest proliferation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73555.json", "html_url": "/legal/doc/norm-73555", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73555&strTipM=TC&nValor3=0" }, { "id": "norm-73623", "citation": "Decreto 37344", "section": "norms", "doc_type": "executive_decree", "title_en": "Appoints Member to the National Biodiversity Management Commission", "title_es": "Nombra miembro de la Comisión Nacional para la Gestión de la Biodiversidad", "summary_en": "This executive decree appoints one full member and two alternate members to the National Biodiversity Management Commission (CONAGEBIO), in accordance with Biodiversity Law No. 7788. The appointment is for a three-year term, as provided in Article 15 of the law. Additionally, the decree repeals several previous appointments contained in prior decrees. The decree was issued by the President of the Republic and the Minister of Environment, Energy and Telecommunications, exercising constitutional and legal powers. It does not establish any substantive regulation on biodiversity, natural resource management, or environmental procedures, being limited exclusively to an administrative act of designating individuals to a collegial body.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "_off-topic" ], "date": "28/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73623.json", "html_url": "/legal/doc/norm-73623", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73623&strTipM=TC&nValor3=0" }, { "id": "norm-73624", "citation": "Decreto 37352", "section": "norms", "doc_type": "executive_decree", "title_en": "Implementation of the Executive Secretariat for the REDD+ Strategy", "title_es": "Implementación de la Secretaría Ejecutiva de Apoyo para la Estrategia REDD+", "summary_en": "This executive decree establishes an Executive Secretariat within FONAFIFO to support the development and implementation of Costa Rica's REDD+ Strategy, under the World Bank's Forest Carbon Partnership Facility (FCPF). The Secretariat is tasked with developing the national REDD+ strategy, conducting land-use studies, designing carbon monitoring and verification systems, and administering a $3.6 million grant. It also creates a multisectoral Executive Committee with representatives from forest producers, industry, indigenous peoples, MAG, MINAET, and civil society, responsible for policy recommendations, conflict resolution, and ensuring participation and free, prior, and informed consent. The decree aims to prepare the country for international financial incentives for reducing emissions from deforestation and forest degradation, promoting forest conservation and rural development.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "27/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73624.json", "html_url": "/legal/doc/norm-73624", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73624&strTipM=TC&nValor3=0" }, { "id": "norm-73676", "citation": "Ley 9067", "section": "norms", "doc_type": "law", "title_en": "Reventazón River Basin Management Law", "title_es": "Ley de Ordenamiento y Manejo de la Cuenca del Río Reventazón", "summary_en": "This law amends Law No. 8023 to expand its scope from the upper basin to the entire Reventazón River Basin, covering 2,830 km² in the provinces of Cartago and Limón. It creates the Commission for the Management of the Reventazón River Basin (COMCURE) as a deconcentrated body of the Ministry of Environment and Energy (MINAE) with instrumental legal personality, a multi-sector Board of Directors, an advisory Basin Council, and an executive Basin Management Office. It provides that the MINAE Water Directorate will transfer at least 5 % of water-use canon revenues to COMCURE for its operation, and authorizes municipalities and public-service providers to allocate funds and include costs in tariffs. It coordinates with the regional conservation area councils of the Central Volcanic Mountain Range, Tortuguero, and La Amistad Caribe. It defines mechanisms for monitoring, results control, and community dissemination.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "biodiversity-law-7788" ], "date": "10/09/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73676.json", "html_url": "/legal/doc/norm-73676", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73676&strTipM=TC&nValor3=0" }, { "id": "norm-73688", "citation": "Decreto 37386", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on the Use of Purse Seine Tuna Fishing Capacity", "title_es": "Reglamento para la utilización de la capacidad de pesca de atún de cerco", "summary_en": "This executive decree establishes the regulatory framework for allocating and using the purse seine tuna fishing capacity recognized to Costa Rica by the Inter-American Tropical Tuna Commission (IATTC). It defines this capacity as a sovereign right aimed at the sustainable development of national fisheries. It details the criteria that vessels (national or foreign) must meet to obtain temporary authorizations, including not being on IUU fishing lists, complying with fisheries regulations, guaranteeing access to information, and complying with IATTC and APICD agreements. It establishes that allocation shall be made by executive agreement and an operational agreement with the Ministry of Agriculture, with a two-year term extendable to six. It sets an annual fee of USD 150 per cubic meter of capacity, payable semesterly, and allocates the proceeds to INCOPESCA and fisheries research through a competitive fund for public universities. It promotes linkage with the national tuna industry by requiring catch to be offered to local processors.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73688.json", "html_url": "/legal/doc/norm-73688", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73688&strTipM=TC&nValor3=0" }, { "id": "norm-73690", "citation": "Ley 9079", "section": "norms", "doc_type": "law", "title_en": "Amendment to the La Sabana Metropolitan Park Protection Law", "title_es": "Reforma Ley de Protección del Parque La Sabana Padre Chapuí", "summary_en": "Law 9079 amends Law 8021, which declared the La Sabana Metropolitan Park \"Padre Chapuí\" a park of national interest. It introduces three new grounds for ordering the park's closure in response to risk-generating activities: national emergency events, threats to the safety or physical integrity of visitors, and activities endangering the park's facilities or natural resources. The amendment empowers the administration of the Costa Rican Institute of Sport and Recreation (ICODER) to order a preventive closure, establishing a streamlined protection mechanism without requiring supplementary legal instruments. The law consists of a single article adding these scenarios to Article 10 of the original law, and enters into force upon publication in La Gaceta.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "12/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73690.json", "html_url": "/legal/doc/norm-73690", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73690&strTipM=TC&nValor3=0" }, { "id": "norm-73709", "citation": "Circular 153", "section": "norms", "doc_type": "circular", "title_en": "Circular 153 — Paper Use Reduction", "title_es": "Circular 153 — Reducción de uso de papel", "summary_en": "Circular 153, issued by the Supreme Court of Justice of Costa Rica on November 9, 2012, establishes measures to encourage the reduction of paper use in all Judicial Branch offices. The norm mandates the priority use of electronic means for communication and document management, limiting document printing to strictly necessary cases. It also promotes paper reuse and the use of computer tools, such as digital signatures, to minimize resource consumption. Although this is an internal administrative directive, it reflects an institutional policy of environmental management and operational efficiency, aligned with principles of savings and sustainability. The circular has no substantive environmental content in terms of ecosystem protection or natural resources; rather, it seeks to optimize administrative processes by reducing consumables.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73709.json", "html_url": "/legal/doc/norm-73709", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73709&strTipM=TC&nValor3=0" }, { "id": "norm-73716", "citation": "Decreto 37367", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of National Meteorology Day and Creation of the Dr. Henri Pittier Dormond National Award", "title_es": "Declaratoria del Día de la Meteorología Nacional y Creación del Premio Nacional Dr. Henri Pittier Dormond", "summary_en": "Executive Decree 37367, signed by President Laura Chinchilla Miranda and the Ministers of Environment and Energy and Science and Technology, declares April 7th each year as National Meteorology Day, commemorating the creation of the National Meteorological Institute (IMN) in 1888. Activities related to the IMN's 125th anniversary are declared of public interest, and the decree establishes the Dr. Henri Pittier Dormond National Award to recognize individuals distinguished in the study, development, and research of atmospheric sciences and meteorology in Costa Rica. This annual award is organized by the IMN, with a jury and support from the Ministry of Public Education and public universities. The decree has no direct environmental implications; it promotes scientific culture and institutional commemoration of national meteorology.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/09/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73716.json", "html_url": "/legal/doc/norm-73716", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73716&strTipM=TC&nValor3=0" }, { "id": "norm-73717", "citation": "Decreto 37384", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation and Operation of CONAMAR", "title_es": "Creación y Funcionamiento de la CONAMAR", "summary_en": "Executive Decree 37384 comprehensively reforms Decree 37212 and creates the National Marine Commission (CONAMAR) as a permanent collegiate body under the Ministry of the Presidency. CONAMAR is the highest authority for articulation and integrated management of Costa Rican marine institutions. Its main functions are to articulate, integrate, and reconcile marine planning policies and instruments, develop and propose the National Marine Policy, and recommend guidelines for effective and integrated management of marine spaces. The commission is composed of the President of the Republic or a Vice President (who chairs it) and the ministers of Environment, Public Security, Public Works and Transport, and Agriculture, or their vice ministers. It has an Executive Secretary appointed by the President and a Technical Secretariat to execute policies and projects. Both secretariats meet periodically. The decree was repealed in 2019 by Decree 41775 creating the marine space governance mechanism.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "06/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73717.json", "html_url": "/legal/doc/norm-73717", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73717&strTipM=TC&nValor3=0" }, { "id": "norm-7374", "citation": "Decreto 15436", "section": "norms", "doc_type": "executive_decree", "title_en": "Protective Zone Declaration for Navarro and Sombrero River Basins", "title_es": "Declaración de Zona Protectora Cuencas Ríos Navarro y Sombrero", "summary_en": "This Executive Decree declares a protective zone over the territories comprising the Navarro and Sombrero river basins, south of Lourdes de Agua Caliente, Cartago, covering approximately 6,450 hectares. The designation is based on the need to secure water supply for current and future populations, mainly in Cartago province, and to preserve forest cover for an adequate environment in the Central Valley. All public and private properties within the area are subject to the Forestry Regime, requiring prior authorization from the Directorate General of Forestry for any activity. The felling of trees, extraction of forest products, hunting of wild animals, and burning are prohibited. State lands affected are inalienable and imprescriptible. The administration is entrusted to the Directorate General of Forestry in collaboration with the municipalities of Cartago, Paraíso, and El Guarco, which must assign permanent forest rangers.", "primary_topic_id": "water-law", "topic_ids": [ "forestry-law-7575", "water-law" ], "date": "30/03/1984", "year": "1984", "json_url": "/data/legal/docs/norm-7374.json", "html_url": "/legal/doc/norm-7374", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=7374&strTipM=TC&nValor3=0" }, { "id": "norm-73761", "citation": "Reglamento municipal 12", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Municipal Regulation 12 — Integrated Solid Waste Management in the Canton of Acosta", "title_es": "Reglamento Municipal 12 — Gestión Integral de Residuos Sólidos en el Cantón de Acosta", "summary_en": "This Municipal Regulation 12 of the Municipality of Acosta, issued on May 16, 2012, and published in La Gaceta No. 230 on November 28, 2012, establishes the regulatory framework for integrated solid waste management in the canton of Acosta. It comprises 33 articles that regulate classification, collection, transport, treatment, and final disposal of waste, as well as the obligations of generators, operators, and the municipality itself. The regulation promotes source reduction, separation at origin, and waste valorization, in accordance with Law 8839 on Integrated Waste Management. It includes a tariff system, infractions, and penalties. Its objective is to protect public health and the environment of the canton, preventing pollution from open dumps and encouraging circular economy practices. The consulted version corresponds to the fourth edition, in force as of June 13, 2018, at which time the regulation was active.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73761.json", "html_url": "/legal/doc/norm-73761", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73761&strTipM=TC&nValor3=0" }, { "id": "norm-73794", "citation": "Decreto 37402", "section": "norms", "doc_type": "executive_decree", "title_en": "Total ban on extraction and commercialization of Pacific bivalve mollusks", "title_es": "Veda total de extracción y comercialización de moluscos bivalvos del Pacífico", "summary_en": "Executive Decree No. 37402-S-MAG establishes an immediate, total ban on the extraction and commercialization of all species of marine bivalve mollusks from the Costa Rican Pacific coast. The measure is based on laboratory analyses from the National University and the University of Costa Rica that detected red tide with dinoflagellates producing paralytic shellfish poisoning (PSP) toxins in waters of the southern, central, and northern Pacific regions, as well as positive results for PSP toxins in bivalve meat samples analyzed by LANASEVE, at levels exceeding the safe limit for human consumption (400 MU/100 g). The Ministry of Health reported poisoning cases consistent with such toxins. The ban remains in effect until toxicological analyses rule out toxic levels. Registered aquaculture projects may only commercialize with prior written authorization from INCOPESCA and SENASA, and authorities are instructed to ensure compliance.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "_off-topic" ], "date": "13/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73794.json", "html_url": "/legal/doc/norm-73794", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73794&strTipM=TC&nValor3=0" }, { "id": "norm-73797", "citation": "Directriz 009", "section": "norms", "doc_type": "directive", "title_en": "Guideline for authorization of aquaculture establishments supplying raw material to exporters", "title_es": "Directriz para autorización de establecimientos acuícolas proveedores de materia prima a exportadores", "summary_en": "This SENASA guideline establishes a voluntary procedure for aquaculture production establishments to obtain an authorization enabling them to supply raw material to exporting establishments. The norm details the requirements: holding a veterinary operation certificate, complying with procedures set by the National Aquaculture Health Program, participating in active and passive epidemiological surveillance plans, submitting microbiological and toxicological analysis reports if the product is for human consumption, and having an accredited professional. The process begins with a written application, followed by an inspection within ten working days; if requirements are met, the authorization is issued within five working days. In case of non-compliance, SENASA may suspend or cancel the authorization. The guideline aims to meet requirements of international trading partners and ensure aquaculture product safety.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/09/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73797.json", "html_url": "/legal/doc/norm-73797", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73797&strTipM=TC&nValor3=0" }, { "id": "norm-73804", "citation": "Resolución 128", "section": "norms", "doc_type": "resolution", "title_en": "Amendment to the CVC Methodology for Electricity Tariffs", "title_es": "Modificación de la Metodología CVC para Tarifas de Electricidad", "summary_en": "The Public Services Regulatory Authority (ARESEP) amends the methodology for extraordinary tariff adjustments due to variations in fuel costs (CVC) used in thermal generation. The resolution responds to deadline extension requests from electricity companies that could not submit information on time due to the short period between publication of the original methodology and the submission deadline. The Board considered the amendment necessary for orderly implementation. Key changes: clarify that the first application of the methodology will take effect on January 1, 2013; eliminate the requirement for quarterly 2013 data, requiring only specific information (sections 8.a to 8.d) by November 10, 2012; specify that the quarterly adjustment does not apply in the first quarter because accumulated lags already include those costs; and correct an internal cross-reference from section 4.2.3.b to 4.3.2. An opposition by ICE regarding the inclusion of November and December 2012 in lags is rejected, confirming they are already covered. The resolution follows a public hearing and a technical-legal opinion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73804.json", "html_url": "/legal/doc/norm-73804", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73804&strTipM=TC&nValor3=0" }, { "id": "norm-73815", "citation": "Decreto 37393", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Tourism Companies Regulation for Indigenous Reserves", "title_es": "Reforma al Reglamento de Empresas Turísticas para Reservas Indígenas", "summary_en": "This executive decree amends the Regulation of Tourism Companies and Activities (Decree 25226) to establish specific requirements when lodging or theme-activity tourism projects are located within an Indigenous Reserve. The amendment requires the applicant to submit (1) a written reference to the law or decree that created the reserve, (2) certification of the legal status of the Integral Development Association or competent authority, (3) express authorization from that association to carry out the activity within the indigenous territory, and (4) a topographic sketch with measurements and boundaries. With this addition, the State recognizes the autonomy of indigenous communities in managing their territory, in accordance with the Indigenous Law and the UN Declaration on the Rights of Indigenous Peoples, and seeks to facilitate sustainable tourism development with cultural authenticity.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "24/09/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73815.json", "html_url": "/legal/doc/norm-73815", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73815&strTipM=TC&nValor3=0" }, { "id": "norm-73824", "citation": "Decreto 37405", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Interest Declaration for Geothermal Research in Rincón de la Vieja", "title_es": "Declaratoria de Interés Público para Investigación Geotérmica en Rincón de la Vieja", "summary_en": "Executive Decree 37405-MINAET declares the scientific, environmental, social, touristic, and economic research activities to be carried out by ICE or a hired third party, within a 10.46 km² area inside Rincón de la Vieja National Park, to be of public interest. The goal is to evaluate the technical, economic, and environmental feasibility of a potential geothermal project. The decree orders the Public Administration to provide priority cooperation, sets a maximum deadline of 10 business days for SINAC to process research permits, and obligates ICE to comply with all environmental regulations and to disclose the results. It is grounded on the public interest of developing renewable energy sources, energy security, and the fight against climate change, in line with the state policy of reaching 95% renewable electricity generation.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788", "wildlife-law-7317" ], "date": "22/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73824.json", "html_url": "/legal/doc/norm-73824", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73824&strTipM=TC&nValor3=0" }, { "id": "norm-73834", "citation": "Decreto 37274", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the La Amistad Caribe Conservation Area Regional Council", "title_es": "Reglamento del Consejo Regional del Área de Conservación La Amistad Caribe", "summary_en": "This executive decree establishes the internal regulations for the constitution, operation, financing, and administration of the Regional Council of the La Amistad Caribe Conservation Area (CORAC ACLA-C), pursuant to the Biodiversity Law No. 7788 and its Regulations. It defines the call for a Public Assembly with representation from eight sectors (academic, private, municipal, Bribrí and Cabécar indigenous, institutional, communal, and environmental NGOs) to elect the Board of Directors. It details the organizational structure of CORAC (President, Vice President, Treasurer, Secretary, Members, Auditor, and Executive Secretary), its functions, meeting rules, quorum, voting, absences, and removal of members. It allocates 10% of the Conservation Area's budget for Council operating expenses and support to Local Councils. It provides that CORAC resolutions are challengeable through revocation before the same Council and appeal to CONAC, exhausting administrative remedies.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "09/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73834.json", "html_url": "/legal/doc/norm-73834", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73834&strTipM=TC&nValor3=0" }, { "id": "norm-73835", "citation": "Decreto 37307", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of regulations on specialized nature tour guides and promoters in wildlife refuges", "title_es": "Derogatoria de reglamentos de guías turísticos especializados y promotores en refugios de vida silvestre", "summary_en": "This Executive Decree repeals two previous regulations: the Regulation for the Registration of Specialized Tourist Guides in Natural Resources and Conservation Areas (Decree 25165-MINAE of 1996) and the Regulation for Tourist Promoters Operating within Wildlife Refuges (Decree 23653-MIRENEM of 1994). The legal basis indicates that these regulations were issued in a different legal context, particularly after the enactment of the Biodiversity Law No. 7788, which granted independent legal personality to the National System of Conservation Areas (SINAC) and integrated competencies over forestry, wildlife, and protected areas. It also relies on opinions from the Attorney General's Office that pointed out the need to standardize requirements with the Costa Rican Tourism Institute (ICT) and that an ICT license is not a prerequisite for the independent exercise of tour guide activities. Consequently, the repealed regulations lose effect as a single identification card issued by SINAC is deemed sufficient, and the specific regulation for wildlife refuges is no longer justified under the new institutional framework.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73835.json", "html_url": "/legal/doc/norm-73835", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73835&strTipM=TC&nValor3=0" }, { "id": "norm-73839", "citation": "Reglamento municipal 48", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Earthquake emergency donation regulation", "title_es": "Reglamento de donaciones por emergencia sísmica", "summary_en": "This municipal regulation from Montes de Oro establishes the procedure for granting financial donations to residents affected by the September 5, 2012 earthquake, under the national emergency declared by the executive branch. It defines the seismic event as a misfortune or calamity, and sets requirements for applicants—being a canton resident, being listed in the National Emergency Commission's damage report, and submitting an application form, construction budget, and materials estimate. It regulates the 30-business-day application deadline, damage classification (minor to moderate) with maximum donation amounts, and the approval process: document review, technical inspection, a professional report, payment of the initial 50%, and the remainder after verification of works. Funds come from the executive branch via budget transfers, must be incorporated into the municipal budget with approval from the Comptroller General's Office, and executed within one year. Donations are contingent on budget availability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73839.json", "html_url": "/legal/doc/norm-73839", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73839&strTipM=TC&nValor3=0" }, { "id": "norm-73857", "citation": "Ley 9085", "section": "norms", "doc_type": "law", "title_en": "El Chayote Protective Zone Creation Law", "title_es": "Ley de Creación de la Zona Protectora El Chayote", "summary_en": "Law 9085 creates the El Chayote Protective Zone in the cantons of Naranjo and Zarcero, Alajuela province, primarily to ensure water catchment for these and neighboring cantons and to protect the natural scenic beauty of the region. It defines the zone's boundaries using coordinates based on IGN topographic maps. The law establishes that the National System of Conservation Areas (SINAC) may, together with state and private landowners, develop a management plan including a 25-meter environmental buffer zone around the protective area, promoting sustainable development. It authorizes the Ministry of Finance to budget funds to acquire land within the zone under current environmental legislation. The administration and protection of the zone is assigned to MINAE through SINAC, with participation from municipal environmental commissions. SINAC is authorized to enter into cooperation agreements with municipalities and organizations to achieve the law's objectives. It repeals Article 81 of Law 6975.", "primary_topic_id": null, "topic_ids": [], "date": "19/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73857.json", "html_url": "/legal/doc/norm-73857", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73857&strTipM=TC&nValor3=0" }, { "id": "norm-73895", "citation": "Reglamento municipal 0 (Municipalidad de Cartago, 13/11/2012)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Urban Regulatory Plan of the Central Canton of Cartago", "title_es": "Plan Regulador Urbano del Cantón Central de Cartago", "summary_en": "The Urban Regulatory Plan of the Central Canton of Cartago is a local planning instrument that defines the canton's sustainable development policy. The document incorporates regulations for construction, subdivision and urbanization, land-use zoning, roadways, urban renewal, protection of historical-architectural heritage, outdoor advertising, and an official map. It establishes norms for orderly urban development, protection of natural resources such as forest protection areas and water sources, risk management, and environmental sustainability. It includes provisions on forest cover in parcels, environmental impact assessment for urban developments, wastewater treatment, and protection of rivers and streams. It promotes urban densification, mixed uses, and renewal of deteriorated areas. Compliance is mandatory for all individuals and legal entities throughout the canton.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "forestry-law-7575", "water-law" ], "date": "13/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73895.json", "html_url": "/legal/doc/norm-73895", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73895&strTipM=TC&nValor3=0" }, { "id": "norm-73945", "citation": "Directriz 042", "section": "norms", "doc_type": "directive", "title_en": "Directive on access to cleaner and lower-cost energy", "title_es": "Directriz para el acceso a energías más limpias y de menor costo", "summary_en": "Directive No. 042-MINAET, issued by the President of the Republic and the Minister of Environment, Energy and Telecommunications in December 2012, urges the institutions of the Energy subsector to immediately adopt administrative, financial, legal and technical measures so that citizens can access the cleanest energy at the lowest possible cost. The directive is based on the constitutional mandate to guarantee a healthy and ecologically balanced environment, as well as the state's duty to promote sustainable development and national competitiveness. It notes that electricity supply is key to attracting investment and generating employment, but that the sustained increase in tariffs since 2007 has negatively affected citizens and the country's competitiveness. It invokes UN resolutions on sustainable energy for all and highlights the need to increase the share of renewable energy in the energy matrix. Institutions must submit periodic reports to the Rector Minister, starting within 30 working days. The directive does not create new sanctions or modify laws; it is a political and administrative order to align sector actions with government policies and the 2010-2014 National Development Plan.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "19/12/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73945.json", "html_url": "/legal/doc/norm-73945", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73945&strTipM=TC&nValor3=0" }, { "id": "norm-73986", "citation": "Decreto 37409", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Utility for the Cipreses de Oreamuno Water Association", "title_es": "Declaratoria de Utilidad Pública de la Asociación de Acueducto de Cipreses de Oreamuno de Cartago", "summary_en": "Executive Decree No. 37409-JP declares the Cipreses de Oreamuno Water Association of Cartago to be of public utility for the interests of the State, pursuant to Article 32 of the Associations Law No. 218. The decree recognizes that the association's statutory purposes —building, administering, and maintaining a water supply system in the canton of Oreamuno, with community participation, and protecting water sources and watersheds— address a paramount social need. The declaration entails State support and imposes obligations on the association, such as filing annual reports with the Ministry of Justice and Peace and registering the decree with the Associations Registry. It is an administrative act promoting a community-based water management organization, with no direct environmental regulatory content beyond acknowledging the protection of water sources and watersheds among its objectives.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "26/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-73986.json", "html_url": "/legal/doc/norm-73986", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=73986&strTipM=TC&nValor3=0" }, { "id": "norm-74022", "citation": "Decreto 37434", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of Executive Decree 28808-S — Oversight Committee for La Carpio Environmental Technology Park", "title_es": "Derogatoria del Decreto Ejecutivo 28808-S — Comité Fiscalizador del Parque de Tecnología Ambiental La Carpio", "summary_en": "Executive Decree 37434-S repeals Executive Decree 28808-S of July 17, 2000, which had created the Oversight Committee for the Environmental Technology Park located in La Carpio urbanization. The repeal is based on the fact that all the institutions that made up said committee already have, within their ordinary competences, oversight functions over the landfill in question. Therefore, the continued existence of the committee is considered unnecessary, as it does not fulfill the purpose for which it was originally established. The decree was issued by the Presidency of the Republic and the Ministry of Health, invoking the powers granted by articles 140 subsections 3) and 18) of the Political Constitution and the General Law of Public Administration. The norm comes into effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74022.json", "html_url": "/legal/doc/norm-74022", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74022&strTipM=TC&nValor3=0" }, { "id": "norm-74041", "citation": "Decreto 37501", "section": "norms", "doc_type": "executive_decree", "title_en": "National Phytosanitary Emergency for Coffee Rust", "title_es": "Emergencia Fitosanitaria Nacional por Roya del Cafeto", "summary_en": "Executive Decree 37501-MAG, issued in January 2013, declared a National Phytosanitary Emergency due to the epiphytotic and severe damage caused by coffee rust (Hemileia vastatrix) in coffee crops (Coffea arabica). Based on diagnoses by ICAFE and the State Phytosanitary Service (SFE) showing abnormal pest behavior favored by 2012 climatic factors—with estimated crop losses of up to 50% in the 2013-2014 season in areas like Pérez Zeledón and Coto Brus—and the public-interest status of coffee farming under Law 2762, the decree mandated cooperation from affected farm owners with authorities, authorized use of the Phytosanitary Emergency Fund, and allowed public and private entities to donate and sign support agreements. The emergency was established for up to two years, renewable until the pest is controlled, with SFE coordinating technical and economic measures alongside ICAFE and the MAG's Agricultural Extension Service. It was repealed in 2019 by Decree 41849.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/01/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74041.json", "html_url": "/legal/doc/norm-74041", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74041&strTipM=TC&nValor3=0" }, { "id": "norm-74074", "citation": "Decreto 37468", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of Indigenous Representative to CONAGEBIO", "title_es": "Nombramiento de representante indígena ante la CONAGEBIO", "summary_en": "This executive decree appoints Oldermar Pérez Hernández as full member and Donald Rojas Maroto as alternate member representing the National Indigenous Roundtable Association before the National Commission for Biodiversity Management (CONAGEBIO), as set forth in Article 15 of the Biodiversity Law 7788. The appointments are for a three-year term. It also repeals the previous decree (35582-MINAET) that had appointed prior representatives. The measure ensures indigenous peoples' representation in the body responsible for formulating policies on conservation and sustainable use of biodiversity, in compliance with the legal framework that integrates various sectors into CONAGEBIO.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "biodiversity-law-7788", "indigenous-law-6172" ], "date": "14/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74074.json", "html_url": "/legal/doc/norm-74074", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74074&strTipM=TC&nValor3=0" }, { "id": "norm-74114", "citation": "Decreto 37484", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Ecological Blue Flag Program Decree for Educational Centers", "title_es": "Reforma al Decreto del Programa Bandera Azul Ecológica para Centros Educativos", "summary_en": "This executive decree amends Decree 36481-MINAET-S regulating the Ecological Blue Flag Program (PBAE) in Costa Rica. It modifies Annexes B and C to adjust evaluation parameters, minimum scores, and star ratings for the category of Preschool, Primary, and Secondary Educational Centers. The decree updates assessment criteria (water management, risk management, environmental education, sanitary services, promotion of clean spaces, integrated waste management, and energy management) and establishes new requirements for each star level, from one to five stars, including actions such as environmental education projects with student participation, inclusion in the educational plan, community outreach, water and energy savings initiatives, and the goal of carbon neutrality. The aim is to tailor the program to the characteristics of the Costa Rican educational system, promoting sustainability and environmental awareness in schools.", "primary_topic_id": null, "topic_ids": [], "date": "22/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74114.json", "html_url": "/legal/doc/norm-74114", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74114&strTipM=TC&nValor3=0" }, { "id": "norm-74143", "citation": "Decreto 37522", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Regulation for Control of Noise Pollution", "title_es": "Reforma Reglamento para el Control de la Contaminación por Ruido", "summary_en": "This decree amends the Regulation for the Control of Noise Pollution (Executive Decree No. 28718-S) to extend the accepted daytime sound levels until 10:00 p.m. for cultural, musical, and sporting events held in public gathering places like plazas, parks, and stadiums. The amendment aims to promote recreation as a pillar of mental health, acknowledging that the existing regulation did not adequately consider such activities or their timeframes in these spaces. It is grounded in the right to a healthy and ecologically balanced environment and the duty to contribute to maintaining adequate environmental conditions. The decree adds a new article 23 bis to the original regulation and takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74143.json", "html_url": "/legal/doc/norm-74143", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74143&strTipM=TC&nValor3=0" }, { "id": "norm-74146", "citation": "Decreto 618", "section": "norms", "doc_type": "regulation", "title_en": "Regulation of the SENARA Procurement Commission", "title_es": "Reglamento de la Comisión de Licitaciones del SENARA", "summary_en": "The SENARA Procurement Commission Regulation establishes the creation, functions, membership, and operation of a commission responsible for managing public and abbreviated tender procedures of this institution. The Commission must verify procurement prerequisites, ensure the correct legal procedure based on the amount or nature of the procurement, review that the tender documents do not limit participation and contain clear, reasonable scoring criteria, hear objections to the tender documents, confirm the existence of technical, legal, and administrative-financial reports, and issue a reasoned but non-binding award recommendation. It also advises during the challenging phase. It consists of seven high-level regular members from SENARA, chaired by the Deputy Manager, and may include extraordinary members for specific programs. Meetings are at least twice a month, with a quorum of four members and decisions by simple majority; in case of a tie, the Chair has a casting vote. The regulation excludes its participation in direct procurement. The Executive Secretariat is held by the Coordinator of Administrative Services, responsible for convening, minutes, communications, and reports. The Commission's mandate ends once the award is final.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74146.json", "html_url": "/legal/doc/norm-74146", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74146&strTipM=TC&nValor3=0" }, { "id": "norm-74186", "citation": "Decreto 37496", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the Labor Relations Board of MINAET", "title_es": "Reglamento de la Junta de Relaciones Laborales del MINAET", "summary_en": "This Executive Decree No. 37496-MINAET, issued in 2013, establishes and regulates the Labor Relations Board of the Ministry of Environment, Energy, and Telecommunications (later MINAE). The Board is a bipartite, parity-based body with representation from senior management and workers, tasked with conciliation, consultation, and issuing opinions on individual and collective labor disputes. The regulation defines its jurisdiction, including intervention in disagreements, review of dismissal proposals, written warnings, suspensions, work schedule changes, discrimination, and workplace harassment. It sets forth procedural rules for sessions, quorum, voting, confidentiality, and decision deadlines. It does not cover contracts for specific, occasional activities not part of the institution's normal operations. The Board's decisions are advisory to the Minister, except in conciliation matters. The regulation safeguards labor rights and fosters labor-management dialogue within the environment ministry.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/01/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74186.json", "html_url": "/legal/doc/norm-74186", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74186&strTipM=TC&nValor3=0" }, { "id": "norm-74218", "citation": "Resolución 19", "section": "norms", "doc_type": "resolution", "title_en": "Officialization of the Naranjo River Biological Corridor", "title_es": "Oficialización del Corredor Biológico Río Naranjo", "summary_en": "This administrative resolution from the National Council of Conservation Areas (CONAC) officially designates the Naranjo River Biological Corridor, approved in the ordinary session of May 28, 2012. It verifies compliance with the established legal requirements, including the technical profile, boundary maps, and general information from the local committee managing the corridor. The officialization operates within the competences of SINAC and the National Biological Corridors Program, created by Executive Decree 33106-MINAE, and is based on Article 12 of the Biodiversity Law Regulation (Decree 34433-MINAE). The specific file is available for consultation at the Regional Biological Corridor Liaison Office of the Central Pacific Conservation Area and the PNCB Coordination. The resolution also defines abbreviations such as CBRN, PNCB, CONAC, and SINAC, and sets formats for digital and physical documentation. The purpose is to integrate this biological corridor into the national strategy for biodiversity conservation and ecological connectivity.", "primary_topic_id": "biological-corridors", "topic_ids": [ "biological-corridors", "biodiversity-law-7788" ], "date": "28/05/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74218.json", "html_url": "/legal/doc/norm-74218", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74218&strTipM=TC&nValor3=0" }, { "id": "norm-74258", "citation": "Reglamento municipal 143-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Integrated Solid Waste Management in the Canton of Curridabat", "title_es": "Reglamento para el manejo integral de los residuos sólidos en el cantón de Curridabat", "summary_en": "This municipal regulation, repealed in 2022, established an integrated solid waste management system in Curridabat based on source separation, separate collection, and promotion of the 4 Rs (refuse, reduce, reuse, recycle). It regulated placement, temporary storage, and regular and special collection, including bulky, hazardous, and yard waste. It defined obligations for large generators (buildings, commercial establishments, industries) and established a classification of infractions (minor, serious, very serious) with administrative fines and referral to the Environmental Administrative Tribunal. It incorporated principles of Law 8839 and empowered the Municipality to charge differentiated fees based on user type and waste quantity, ensuring financial sustainability of the service.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/01/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74258.json", "html_url": "/legal/doc/norm-74258", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74258&strTipM=TC&nValor3=0" }, { "id": "norm-74273", "citation": "Acuerdo 005", "section": "norms", "doc_type": "agreement", "title_en": "Expansion of Land-Use Regulation in Vieja Cinchona", "title_es": "Ampliación de Regulación del Territorio en Vieja Cinchona", "summary_en": "Agreement 005-01-2013 of the National Commission for Risk Prevention and Emergency Response (CNE) expands territorial regulation in the Vieja Cinchona community and surrounding areas, severely affected by the January 8, 2009 earthquake. It establishes preventive land-use restrictions, delimiting a restricted zone (7.86 ha) where all construction and commercial or residential activities are prohibited, and a buffer zone (319.93 ha) with use categories that allow agricultural, livestock, low-density residential, ecotourism, and hydroelectric generation activities, in accordance with land capability. The measure aims to reduce vulnerability to seismic, landslide, and volcanic hazards, protect water resources and biodiversity, and respect pre-existing economic activities that do not promote population concentration in risk areas. The Municipality of Alajuela is urged to incorporate these restrictions into the cantonal regulatory plan.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "09/01/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74273.json", "html_url": "/legal/doc/norm-74273", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74273&strTipM=TC&nValor3=0" }, { "id": "norm-74306", "citation": "Decreto 37482", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of public interest of the 9th Congress on Water Resources and Environmental Sanitation (COREHISA)", "title_es": "Declaratoria de interés público del IX Congreso de Recursos Hídricos y Saneamiento Ambiental (COREHISA)", "summary_en": "Executive Decree No. 37482-MINAE declares the '9th Congress on Water Resources and Environmental Sanitation (COREHISA)' of public interest, organized by the Costa Rican Association for Water Resources and Environmental Sanitation, to be held March 11-14, 2013 in San José. The declaration is based on the event's importance for promoting sustainable development, carbon neutrality, and climate change response through the exchange of experiences and knowledge in sanitary, hydraulic, and environmental engineering. The decree authorizes public entities, non-governmental organizations, and the private sector to contribute economic resources for the congress, without prejudice to their own objectives. It is effective upon publication in La Gaceta.", "primary_topic_id": null, "topic_ids": [], "date": "08/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74306.json", "html_url": "/legal/doc/norm-74306", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74306&strTipM=TC&nValor3=0" }, { "id": "norm-74341", "citation": "Reglamento municipal 34", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Environmental Policies of Zarcero Canton", "title_es": "Políticas Ambientales del Cantón de Zarcero", "summary_en": "Environmental policy document adopted by the Municipality of Zarcero in 2011 for land-use planning and integrated water management. It establishes binding guidelines on water source protection, pollution prevention, and promotion of a new water culture. Key provisions include creation of a Water Natural Monument, a municipal pre-approval for tree-felling permits, delimitation of protection zones for springs and rivers, and a water service payment program financed by 1% of property tax. The policy declares a construction-free zone above 2080 masl, and creates mechanisms for public participation and incentives for sustainable agricultural production called 'new generation production'. The policies aim for harmony between development and environment using the watershed as the management unit.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "05/09/2011", "year": "2011", "json_url": "/data/legal/docs/norm-74341.json", "html_url": "/legal/doc/norm-74341", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74341&strTipM=TC&nValor3=0" }, { "id": "norm-7439", "citation": "Ley 7017-C", "section": "norms", "doc_type": "law", "title_en": "Law for the Import and Quality Control of Agrochemicals", "title_es": "Ley para la Importación y Control de la Calidad de Agroquímicos", "summary_en": "This law regulates the import and quality control of agrochemicals and agricultural inputs in Costa Rica. Originally it exempted from ad valorem taxes, sales taxes, surcharges, and other levies agricultural machinery, tools, implements, and inputs, but these exemptions were tacitly repealed by Law 7293 of March 1992. It defines agricultural inputs as seeds, pesticides, phytohormones, fertilizers, veterinary medicines, and reproductive material. It obligates the Ministry of Agriculture and Livestock to conduct periodic quality and chronic toxicity controls, with the power to ban or destroy non-compliant products. It assigns the laboratory created by Executive Decree 11397-A the function of controlling quality, toxicity, and residues. It amends the Plant Health Law to establish a 0.5% duty on the CIF value of agricultural chemical products to fund the laboratory. It includes provisions on participation of agricultural organizations on boards of state-owned companies and executive branch regulation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/12/1985", "year": "1985", "json_url": "/data/legal/docs/norm-7439.json", "html_url": "/legal/doc/norm-7439", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=7439&strTipM=TC&nValor3=0" }, { "id": "norm-74414", "citation": "Acuerdo 485", "section": "norms", "doc_type": "agreement", "title_en": "Declaration of Tourist Aptitude for the Maritime Zone of Golfito Canton", "title_es": "Declaratoria de aptitud turística de la Zona Marítimo Terrestre del cantón de Golfito", "summary_en": "Agreement 485 of the Costa Rican Tourism Institute (ICT), dated October 16, 2012, declares the sectors of the Maritime Zone of the coastal front of Golfito canton that are NOT part of the State's Natural Heritage as having tourist aptitude. This declaration is based on the Maritime Zone Law and its Regulations, which empower the ICT to classify zones as having tourist aptitude when their natural conditions, location, and attractions make them suitable for tourism development. The norm establishes the legal basis for the State to grant concessions on those lands for tourism purposes, excluding the protected areas that form part of the State's Natural Heritage. The agreement was published in La Gaceta 230 on November 28, 2012, and constitutes an administrative act of territorial planning that defines the tourist use of the coast in Golfito, without affecting protected wild areas or other special regimes.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "16/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74414.json", "html_url": "/legal/doc/norm-74414", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74414&strTipM=TC&nValor3=0" }, { "id": "norm-74427", "citation": "Ley 9097", "section": "norms", "doc_type": "law", "title_en": "Law Regulating the Right of Petition", "title_es": "Ley de Regulación del Derecho de Petición", "summary_en": "Law 9097 regulates the constitutional right of petition (Article 27 of the Political Constitution) by defining who may exercise it, against whom, its subject matter, formal requirements, and procedural deadlines. Any person, individually or collectively, may petition on any matter of public interest before public authorities or private entities performing public functions. The administration must respond within a non-extendable ten-business-day period, either admitting or dismissing the petition. Grounds for dismissal include lack of competence, petitions contrary to reasonableness, or the existence of a specific procedure. Deficiencies may be cured within five days, and partial responses with a five-day extension are permitted. The response must be reasoned and notified. Failure to timely respond subjects the responsible public official to a fine of 5% of the monthly base salary of an office clerk 1. Judicial protection is available through the remedy of amparo for violations of this fundamental right.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/10/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74427.json", "html_url": "/legal/doc/norm-74427", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74427&strTipM=TC&nValor3=0" }, { "id": "norm-74491", "citation": "Acuerdo 0 (Instituto Costarricense de Turismo, 25/03/2013)", "section": "norms", "doc_type": "agreement", "title_en": "CST Standard — Lodging Establishments", "title_es": "Norma CST — Establecimientos de Hospedaje", "summary_en": "This 2013 standard from the Costa Rican Tourism Board (ICT) sets forth the Certification for Sustainable Tourism (CST) criteria for lodging establishments in Costa Rica. It organizes evaluation criteria into three areas — physical-biological, service facilities, and external client/socioeconomic — covering environmental impact identification, flora and fauna protection, archaeological heritage preservation, water and energy management, waste and wastewater handling, as well as corporate social responsibility, local hiring, and community development support. A sworn declaration commits the business to comply with applicable environmental, labor, and tax laws. The standard aims for measurable mitigation practices, climate change adaptation and communication with guests, continuous improvement through training programs, procurement policies, and partnerships with local communities, thereby fostering a responsible and respectful tourism model toward the country’s natural and cultural resources.", "primary_topic_id": "_off-topic", "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788", "_off-topic" ], "date": "25/03/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74491.json", "html_url": "/legal/doc/norm-74491", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74491&strTipM=TC&nValor3=0" }, { "id": "norm-74511", "citation": "Acuerdo 085", "section": "norms", "doc_type": "agreement", "title_en": "Reinstatement of the National Commission for Closed Seasons", "title_es": "Reintegración de la Comisión Nacional para Vedas", "summary_en": "INCOPESCA Agreement 085, issued on February 22, 2013, amends Agreement AJDIP/036-2009 to reinstate the permanent advisory body called the National Commission for Closed Seasons. The Commission's role is to provide scientific advice to INCOPESCA's Board of Directors for the establishment and modification of closed seasons for marine and aquatic species. Its membership is inter-institutional and multidisciplinary, including representatives from INCOPESCA, public universities, and the Fishermen's Union, among others. The measure reactivates a participatory governance mechanism to regulate fishing resources through seasonal closures, under the framework of the Fisheries and Aquaculture Law No. 8436. The agreement took effect upon publication in the Official Gazette and constitutes an internal administrative reorganization of the institute, not directly amending substantive environmental regulations but influencing marine biodiversity management.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788" ], "date": "22/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74511.json", "html_url": "/legal/doc/norm-74511", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74511&strTipM=TC&nValor3=0" }, { "id": "norm-74515", "citation": "Acuerdo 039", "section": "norms", "doc_type": "agreement", "title_en": "Manual for Coastal Regulatory Plans in the Maritime Terrestrial Zone", "title_es": "Manual para Planes Reguladores Costeros en la Zona Marítimo Terrestre", "summary_en": "Agreement 039 of the Costa Rican Tourism Board (ICT) approves the Manual for the Preparation of Coastal Regulatory Plans in the Maritime Terrestrial Zone. This technical document establishes the methodology, components, and procedures for formulating, reviewing, and updating regulatory plans for the country's coastal zones, aiming to organize land use and promote sustainable tourism development. The manual defines guidelines on zoning, infrastructure, public access, environmental protection and mitigation areas, and public participation, in accordance with current environmental and urban planning legislation. It includes a detailed guide for municipalities and consultants, covering technical studies, territorial diagnostics, strategic environmental assessment, and monitoring mechanisms. Its application seeks to integrate marine-coastal ecosystem conservation, natural risk prevention, and equity in access to coastal resources, strengthening local management capacity in the ZMT.", "primary_topic_id": null, "topic_ids": [], "date": "05/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74515.json", "html_url": "/legal/doc/norm-74515", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74515&strTipM=TC&nValor3=0" }, { "id": "norm-74520", "citation": "Resolución 23", "section": "norms", "doc_type": "resolution", "title_en": "Expropriation Manual for Wild Protected Areas", "title_es": "Manual de Expropiación para Áreas Silvestres Protegidas", "summary_en": "Resolution R-SINAC-CONAC-23-2012 approves and issues the \"Manual of Expropriation for the Creation, Consolidation or Expansion of Boundaries of Wild Protected Areas.\" This manual serves as a practical guide for SINAC officials, regulating the administrative and judicial procedure for the compulsory expropriation of private lands within protected wild areas when direct purchase or donation fails. It sets out the preliminary steps, including land acquisition strategy, assembly of the administrative file, declaration of public interest, administrative appraisal, issuance of the executive expropriation agreement, and referral to the Attorney General's Office for judicial proceedings. It is grounded in Article 45 of the Political Constitution, the Expropriation Act No. 7495, the Forestry Law No. 7575, the Organic Environmental Law No. 7554, and the Biodiversity Law No. 7788.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "forestry-law-7575" ], "date": "30/07/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74520.json", "html_url": "/legal/doc/norm-74520", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74520&strTipM=TC&nValor3=0" }, { "id": "norm-74568", "citation": "Decreto 37613", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the Special Fund for Prevention and Infrastructure for Banana Producers", "title_es": "Reglamento del Fondo Especial de Prevención e Infraestructura a favor de los Productores Bananeros", "summary_en": "Executive Decree 37613 establishes the operational regulation of the Special Fund for Prevention and Infrastructure for Banana Producers, created by Law 8704. It defines procedures for administering, financing, and executing infrastructure works aimed at preventing and mitigating natural disasters in banana-growing areas. The regulation governs the composition and functions of the Fund's Board of Directors, composed of representatives from the Ministry of Agriculture (MAG), banana producers, CORBANA, municipalities, INVU, and the Vice-Ministry of Housing. It details the process for requesting and approving projects, prioritizing those with technical backing and located in high-risk zones. It establishes mechanisms for control, oversight, and accountability regarding the use of funds. Version 2 of the norm, in force since June 2021, introduces adjustments to the Board's composition and clarifications on project eligibility, maintaining a focus on drainage works, riverbank protection, bridges, and rural roads linked to banana production and the welfare of farming communities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74568.json", "html_url": "/legal/doc/norm-74568", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74568&strTipM=TC&nValor3=0" }, { "id": "norm-74569", "citation": "Decreto 37614", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to Implement an Import Quota Mechanism for the Gradual Phase-out of HCFCs", "title_es": "Reglamento para implementar un mecanismo de cuotas de importación para la eliminación gradual del uso de HCFC", "summary_en": "Executive Decree 37614 establishes the regulatory framework to implement an import quota system for hydrochlorofluorocarbons (HCFCs), in line with Costa Rica's commitments under the Montreal Protocol on substances that deplete the ozone layer. The regulation designates the Directorate of Environmental Quality Management (DIGECA) of the Ministry of Environment and Energy (MINAE) as the competent authority to administer quotas, receive and process import applications, and issue corresponding permits. It details the procedure for allocating quotas to importers, distribution criteria, controls, and the information system for tracking imports. It also sets out importer obligations, including periodic reporting, and penalties for non-compliance, referring to the Organic Environmental Law and the Customs Law for infractions and customs offenses. Additionally, it creates an importer registry and an information system for monitoring and transparency in quota management, aimed at ensuring the progressive reduction of HCFC consumption until total phase-out by 2040.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74569.json", "html_url": "/legal/doc/norm-74569", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74569&strTipM=TC&nValor3=0" }, { "id": "norm-74662", "citation": "Decreto 37639", "section": "norms", "doc_type": "executive_decree", "title_en": "Cooperation Agreement for Costa Rica's Climate Neutrality", "title_es": "Acuerdo de Cooperación para la Neutralidad Climática de Costa Rica", "summary_en": "This executive decree promulgates an international agreement derived from the Technical Cooperation Convention between Costa Rica and the United Kingdom. The agreement, formalized through an exchange of diplomatic notes, aims to promote Costa Rica's Climate Neutrality Strategy as a low-carbon development model. It approves the text of the agreement, which entails technical and financial collaboration between both countries to develop and implement actions that reduce greenhouse gas emissions and promote sustainable economic growth. Signed by the President, the Minister of Foreign Affairs, and the Minister of Environment, Energy and Telecommunications, the decree took effect on April 23, 2013, the date of its publication in La Gaceta. Although the specific content of the agreement is not detailed in the record, it establishes a bilateral cooperation framework to advance towards carbon neutrality, aligned with Costa Rica's international commitments on climate change.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74662.json", "html_url": "/legal/doc/norm-74662", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74662&strTipM=TC&nValor3=0" }, { "id": "norm-74663", "citation": "Decreto 37660", "section": "norms", "doc_type": "executive_decree", "title_en": "Forest Promotion and PSA for Year 2013", "title_es": "Fomento Forestal y PSA para el Año 2013", "summary_en": "This executive decree establishes the provisions for forest promotion and payment for environmental services (PSA) during 2013 in Costa Rica. It defines the amounts, priorities, and modalities of PSA contracts under the framework of the National Forest Financing Fund (FONAFIFO). It details per-hectare values by forest type and modality (protection, reforestation, natural regeneration, agroforestry systems) and the distribution of resources among authorized organizations. It also regulates certificates of origin for roundwood from agroforestry systems and the administration of PSA contract resources. The norm seeks to incentivize the conservation of primary and secondary forests, recovery of degraded areas, and sustainable forest production, in line with the Forestry Law 7575 and the Biodiversity Law 7788. It is an annual norm that repeals the previous year's decree and establishes the applicable regime for environmental services contracting and payments in 2013.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788" ], "date": "06/03/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74663.json", "html_url": "/legal/doc/norm-74663", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74663&strTipM=TC&nValor3=0" }, { "id": "norm-74664", "citation": "Resolución 004", "section": "norms", "doc_type": "resolution", "title_en": "Irazú Volcano National Park General Management Plan", "title_es": "Plan General de Manejo del Parque Nacional Volcán Irazú", "summary_en": "Resolution R-SINAC-CONAC-004-2013 approves and publishes the Irazú Volcano National Park General Management Plan for the period 2008-2013. This plan is the primary technical instrument for the park's administration and conservation, establishing zoning, management programs, and use regulations. It defines five management zones: strict protection, restricted use, public use (divided into intensive and extensive), special use, and buffer zone. Detailed objectives and rules are provided for each zone; for example, the strict protection zone permits only research and monitoring activities without resource extraction, while the public use zone regulates tourism and visitation according to carrying capacity studies. The plan also describes programs for biodiversity, protection and control, sustainable tourism, community outreach and environmental education, strategic management, and land use planning. Specific actions include eradication of exotic species, restoration of degraded areas, waste management, and consolidation of State natural heritage through the purchase of private lands within the park.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "biological-corridors" ], "date": "28/01/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74664.json", "html_url": "/legal/doc/norm-74664", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74664&strTipM=TC&nValor3=0" }, { "id": "norm-74666", "citation": "Resolución 005", "section": "norms", "doc_type": "resolution", "title_en": "Poás Volcano National Park General Management Plan", "title_es": "Plan General de Manejo del Parque Nacional Volcán Poás", "summary_en": "This resolution approves and officializes the General Management Plan for Poás Volcano National Park, drafted in 2007 with community input. It sets conservation objectives: protecting cloud forest ecosystems, water resources of the Tárcoles and Sarapiquí basins, and the active volcano's geological features. The plan establishes five management zones: Absolute Protection (80.5% of the area, limited to authorized research and water infrastructure for human consumption), Restricted Use (18.8%, includes private lands, specialized tourism, and activities allowed by environmental law), Special Use (0.16%, administrative facilities and telecom towers), Public Use (0.61%, visitor services and tourism concentrated), and a Buffer/Influence Zone. It outlines six management programs: Administration, Control & Surveillance, Land Tenure, Natural Resource Management, Community Outreach & Environmental Education, and Sustainable Tourism. Norms for each zone and program emphasize authorized research, ban on dams and commercial extraction of species, and inter-institutional coordination.", "primary_topic_id": null, "topic_ids": [], "date": "28/01/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74666.json", "html_url": "/legal/doc/norm-74666", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74666&strTipM=TC&nValor3=0" }, { "id": "norm-74671", "citation": "Ley 9106", "section": "norms", "doc_type": "law", "title_en": "Law 9106 — Reform of the Wildlife Conservation Law", "title_es": "Ley 9106 — Reforma a la Ley de Conservación de la Vida Silvestre", "summary_en": "Law 9106 introduces substantial reforms and additions to the Wildlife Conservation Law (Law 7317). It establishes an updated framework for the protection, management, and sustainable use of wildlife, defining key concepts, prohibiting sport hunting, and regulating activities such as collection, extraction, captive possession, trade, and exhibition. It creates the National Wildlife Registry and the stewardship system for management sites. The law strengthens SINAC's role as administrative and scientific authority, particularly for CITES implementation. It includes provisions for research, reintroduction, invasive species control, and sanctions, while recognizing indigenous traditional practices and coordination with other laws (Biodiversity, Forestry, Fishing).", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "20/12/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74671.json", "html_url": "/legal/doc/norm-74671", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74671&strTipM=TC&nValor3=0" }, { "id": "norm-74674", "citation": "Reglamento 0 (Ministerio de Ambiente y Energía, 27/02/2013)", "section": "norms", "doc_type": "regulation", "title_en": "Provisions for the Use of the Official Carbon Neutral Symbol of MINAE", "title_es": "Disposiciones para el uso del Símbolo oficial Carbono Neutral del MINAE", "summary_en": "This regulation sets forth the conditions and restrictions for certified organizations to use the official Carbon Neutral symbol issued by the Ministry of Environment and Energy (MINAE) through the Climate Change Directorate. It details the authorization procedure, the one-year renewable validity period, and the requirement to seek approval for each different use of the symbol. It also exhaustively lists permitted uses and prohibitions, including the ban on using it on products, on activities outside the declaration's scope, or when the organization has tax debts or final environmental sanctions. The shape, font, and colors of the official logo are specified. The regulation aims to ensure correct usage and prevent misinterpretations that could lead to confusion about the certification's scope or imply improper endorsement by MINAE.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74674.json", "html_url": "/legal/doc/norm-74674", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74674&strTipM=TC&nValor3=0" }, { "id": "norm-74682", "citation": "Reglamento municipal 227", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Transitory Provisions of the Paraíso Canton Regulatory Plan", "title_es": "Transitorios del Plan Regulador del Cantón de Paraíso", "summary_en": "The Municipal Council of Paraíso approves the transitory provisions of the Paraíso Canton Regulatory Plan, establishing temporary rules for transitioning from the previous regulations. Time limits are set for pre-existing land use certificates (one year for urbanization projects, housing complexes, and condominiums; six months for other activities), conditioned on obtaining permits. Existing signs must comply with the new regulation within one year. The municipality is ordered to prepare procedure manuals, a municipal sidewalk construction regulation, and the regulation of the Integrated Solid Waste Management Plan within defined deadlines. Special rules are established for pending urbanization preliminary projects, previously approved construction permits, cadastral plans, and relocation of settlements in risk areas, slums, and social interest families, through a municipal program to transfer residents to nearby lands, preferably in the same district. The regulation took effect on March 21, 2013.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/03/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74682.json", "html_url": "/legal/doc/norm-74682", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74682&strTipM=TC&nValor3=0" }, { "id": "norm-74683", "citation": "Reglamento municipal 231", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Zoning Map Amendment to the Paraíso Regulatory Plan", "title_es": "Reforma Mapa de Zonificación del Plan Regulador de Paraíso", "summary_en": "This municipal resolution approves corrections to the zoning map amendments of the Paraíso Canton Regulatory Plan, adopted at ordinary session 231 on April 16, 2013. The unanimous and final decision orders publication of the corrected map in the official gazette La Gaceta for enactment. The document reflects a local land-use planning administrative act, without detailing the specific changes introduced in the zoning. As an urban planning instrument, the Regulatory Plan establishes permitted land uses, densities, building heights, and restrictions, but the norm’s text only formalizes approval of the corrections without describing their substantive scope. The amendment falls under Costa Rican municipal law, where local governments have authority to plan urban development within their canton, in accordance with the Urban Planning Act and other applicable provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74683.json", "html_url": "/legal/doc/norm-74683", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74683&strTipM=TC&nValor3=0" }, { "id": "norm-74737", "citation": "Decreto 37661", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of SENASA service fees", "title_es": "Reforma de tarifas de servicios del SENASA", "summary_en": "This executive decree amends Article 3 of Decree No. 27763-MAG, which sets the fees for services provided by the Ministry of Agriculture and Livestock through the National Animal Health Service (SENASA). The reform introduces a new fee model based on technical studies and the cost-of-service principle, as mandated by Law No. 8495. It updates and details fees for general services, inspection and certification of animal-origin products, animal quarantine, epidemiology, veterinary drugs, animal feed, regional operations, reproductive health, organic livestock accreditation, bioterium, and laboratory services. It also removes outdated fees and adds new ones for services SENASA is required to provide. The annual fee adjustment will be automatic based on the Consumer Price Index (CPI), unless a technical study justifies a higher increase.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74737.json", "html_url": "/legal/doc/norm-74737", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74737&strTipM=TC&nValor3=0" }, { "id": "norm-74776", "citation": "Ley 9125", "section": "norms", "doc_type": "law", "title_en": "Authorization for RECOPE to Donate Properties to MINAE", "title_es": "Autorización a RECOPE para donar inmuebles al MINAE", "summary_en": "Law 9125 authorizes the Costa Rican Petroleum Refinery (RECOPE) to donate two properties to the Ministry of Environment and Energy (MINAE). The properties, located in Goicoechea, San José, must be used exclusively to house MINAE's facilities. The transfer is executed via public deed before the State Notary and is exempt from transfer taxes, fees, and stamps. Upon transfer, the properties will become part of the public domain. The law establishes no deadline or additional conditions beyond the legislative authorization. Its purpose is to provide MINAE with a physical headquarters, a matter of administrative management within the environment and energy sector, without affecting substantive environmental regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/03/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74776.json", "html_url": "/legal/doc/norm-74776", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74776&strTipM=TC&nValor3=0" }, { "id": "norm-74781", "citation": "Decreto 37623", "section": "norms", "doc_type": "executive_decree", "title_en": "National Territorial Planning Policy 2012-2040", "title_es": "Política Nacional de Ordenamiento Territorial 2012-2040", "summary_en": "This executive decree officially enacted the National Territorial Planning Policy (PNOT) 2012-2040, repealed in 2022 by the National Habitat Policy. The PNOT establishes a long-term strategic framework to coordinate State actions concerning human settlements, environmental protection, and territorial competitiveness. It is structured around three axes: habitat quality (housing, infrastructure, mobility, citizen participation); environmental protection and management (biodiversity, carbon neutrality, watershed management, environmental education, land use); and territorial competitiveness (public management, tourism potential, technological innovation). The decree creates management mechanisms such as the National Territorial Planning System (SNOT), the National Territorial Plan (PLANOT), and the Monitoring and Evaluation Indicators System (SISE-PNOT). It establishes that MIDEPLAN will ensure the inclusion of its guidelines in National Development Plans and that municipalities must align their regulatory plans with this policy, respecting special regimes such as protected areas, Indigenous territories, and the maritime-terrestrial zone.", "primary_topic_id": null, "topic_ids": [ "indigenous-law-6172" ], "date": "27/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74781.json", "html_url": "/legal/doc/norm-74781", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74781&strTipM=TC&nValor3=0" }, { "id": "norm-74804", "citation": "Decreto 159", "section": "norms", "doc_type": "regulation", "title_en": "Regulation for Awarding the Legislative Environmental Prize", "title_es": "Reglamento para otorgar el Galardón Ambiental Legislativo", "summary_en": "This regulation establishes the annual procedure for the \"Legislative Environmental Prize\" contest, created by the Legislative Directory. It defines the composition, appointment, and duties of the jury (impartiality, confidentiality, technical advice), eligibility requirements for public and private educational centers (I, II, III cycles and diversified education), and the format for submitting environmental projects. The jury selects the winner based on scoring, with an unappealable decision, and may declare the contest void. The monetary prize, set annually by the Office of Popular Initiative (minimum five times the base salary of clerk 1), is awarded on August 24, National Parks Day. The regulation establishes oversight mechanisms and sanctions for failure to execute the project, including the return of the prize in case of non-compliance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74804.json", "html_url": "/legal/doc/norm-74804", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74804&strTipM=TC&nValor3=0" }, { "id": "norm-74810", "citation": "Decreto 37675", "section": "norms", "doc_type": "executive_decree", "title_en": "Commission for the Modernization of SETENA", "title_es": "Comisión para la Modernización de la SETENA", "summary_en": "This executive decree creates a Special Commission within MINAE to identify, propose, and implement improvements in the administrative, operational, and environmental impact assessment management of SETENA. The Commission operates under four strategic axes: administrative (process modernization), legal (regulatory framework analysis), internal control (compliance with Internal Control Law), and technical (updating technical criteria). To support the Commission’s work, it authorizes temporary suspension of certain environmental viability procedures for up to 10 working days, extendable once, within a 90-day period, while excluding complaints, judicial or oversight body requests, public institution projects, national interest or emergency projects, and telecommunications projects. Members include public officials and one private-sector representative designated by the Minister from a shortlist by the Costa Rican Union of Chambers and Associations of Private Enterprise. The decree was amended by Executive Decree No. 37814 and later repealed by Executive Decree No. 43792.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "23/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74810.json", "html_url": "/legal/doc/norm-74810", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74810&strTipM=TC&nValor3=0" }, { "id": "norm-74811", "citation": "Decreto 37676", "section": "norms", "doc_type": "executive_decree", "title_en": "Update of Single Tax per Fuel Type through 2.46% Adjustment", "title_es": "Actualización del impuesto único por tipo de combustible mediante ajuste de 2.46%", "summary_en": "This executive decree updates the quarterly amount of the single tax per fuel type, both nationally produced and imported, established in the Tax Simplification and Efficiency Law (Law No. 8114). Based on the variation of the consumer price index between December 2012 and March 2013 (2.46%), the amounts in colones per liter are adjusted for thirteen fuel types, including regular gasoline, super, diesel, asphalt, LPG, and kerosene. The adjustment does not exceed the maximum limit of 3% set by law, and values are rounded to the nearest twenty-five cents according to regulations. It repeals the previous update (Decree No. 37592-H) and takes effect on May 1, 2013. This is a tax regulation with no environmental relevance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74811.json", "html_url": "/legal/doc/norm-74811", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74811&strTipM=TC&nValor3=0" }, { "id": "norm-74819", "citation": "Directriz 048", "section": "norms", "doc_type": "directive", "title_en": "Austerity Directive for Tariffs on Electricity, Fuel, and Water Public Services", "title_es": "Directriz de Austeridad Tarifaria para Servicios de Electricidad, Combustibles y Agua", "summary_en": "This 2013 directive issued by the President of the Republic, the Minister of the Presidency, the Minister of Finance, and the Minister of Environment and Energy orders the main public institutions and companies providing electricity, fuel, and water services (ICE, CNFL, RECOPE, ESPH, JASEC, and AyA) to implement measures to improve efficiency and austerity in controllable costs. The goal is that these entities' operating expenses and costs do not grow beyond certain limits tied to the year-over-year variation of the Consumer Price Index (IPC): in 2013 they may not exceed 1.25 times said variation, and in 2014 no more than 1.15 times. Additionally, it is forbidden to increase salary expenses beyond adjustments decreed by the Executive Branch and current regulations; existing debt must be restructured to be more efficient and aligned with market conditions; and procurement of financing for new projects must be adjusted to the characteristics of the financed assets. The heads of the mentioned institutions are responsible for preparing an implementation plan and reporting quarterly to the President and ARESEP.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74819.json", "html_url": "/legal/doc/norm-74819", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74819&strTipM=TC&nValor3=0" }, { "id": "norm-74835", "citation": "Acuerdo 131", "section": "norms", "doc_type": "agreement", "title_en": "Authorization of the Presidential Papagayo International Sport Fishing Tournament with exclusion zone", "title_es": "Autorización del Torneo de Pesca Deportiva Internacional Presidential Papagayo con área de veda", "summary_en": "Agreement 131 of the Board of Directors of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) authorizes the holding of the \"Presidential Papagayo\" International Sport Fishing Tournament from May 16 to 19, 2013, in the Gulf of Papagayo, Guanacaste. The tournament, organized by The President Challenge Foundation and endorsed by the Costa Rican Tourism Institute due to its socioeconomic importance, will have an exclusive exclusion zone during the event days. A rectangle of geographical coordinates is established where all commercial fishing is restricted, excluding the Santa Rosa National Park and respecting Article 9 of the Fisheries and Aquaculture Law. The Regional Directorate of Guanacaste is instructed to notify the artisanal fishing sector to avoid interference. The authorization is conditioned on compliance with legal and safety requirements before various authorities.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "22/03/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74835.json", "html_url": "/legal/doc/norm-74835", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74835&strTipM=TC&nValor3=0" }, { "id": "norm-74836", "citation": "Decreto 37480", "section": "norms", "doc_type": "executive_decree", "title_en": "Decree 37480 — National Integrated Fire Management Strategy", "title_es": "Decreto 37480 — Estrategia Nacional de Manejo Integral del Fuego", "summary_en": "This executive decree declares the National Integrated Fire Management Strategy 2012–2021 and its National Action Plan as the official instruments for planning, control, monitoring, and evaluation of forest fire and agricultural burning prevention and control actions. It ratifies the National Forest Fire Commission (CONIFOR) as the inter-institutional coordination body for integrated fire management, composed of key public institution representatives with formulation and follow-up functions. Additionally, it creates the National Integrated Fire Management Program, the National Technical Committee (COTENA), and the National Center (CENMIF) under SINAC's direction. The norm establishes policy guidelines and coordination to address forest fires, promoting social participation and appropriate use of fire, based on the Forestry Law and the right to a healthy environment.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "09/01/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74836.json", "html_url": "/legal/doc/norm-74836", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74836&strTipM=TC&nValor3=0" }, { "id": "norm-74843", "citation": "Decreto 37658", "section": "norms", "doc_type": "executive_decree", "title_en": "Establishment of the SINIA and reform of the CENIGA decree", "title_es": "Establecimiento del SINIA y reforma del decreto del CENIGA", "summary_en": "This executive decree establishes the National Environmental Information System (SINIA) as the official platform for coordinating and distributing national environmental information. It creates an institutional structure comprising the National Geo-Environmental Information Center (CENIGA), a Coordinating Unit, and an Interinstitutional Environmental Information Committee. Their functions are defined, covering strategic directives, technical coordination, and management of information nodes forming the National Environmental Information Network (RENIA). The decree also amends CENIGA's objectives to align with SINIA. Its purpose is to facilitate public access to environmental information, in compliance with Rio Declaration Principle 10 and constitutional rights, and to support land-use planning. The regulation was later repealed by Executive Decree No. 45138 of 2025.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "29/01/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74843.json", "html_url": "/legal/doc/norm-74843", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74843&strTipM=TC&nValor3=0" }, { "id": "norm-74898", "citation": "Reglamento municipal 155-C", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Tree Planting and Environmental Recovery of Public Spaces in Santa Ana", "title_es": "Reglamento para la Arborización y Recuperación Ambiental de Espacios Públicos en Santa Ana", "summary_en": "This municipal regulation establishes the framework for tree planting and environmental recovery of public spaces (sidewalks, community parks, and degraded areas) in the canton of Santa Ana. It designates the Área de Riesgo Ambiental (ARA) as responsible for controlling and supervising urban silvicultural practices, including pruning, felling, and planting. It promotes the exclusive use of native Costa Rican species, prioritizing those with reduced populations or in danger of extinction, and prohibits species such as Ficus benjamina and Pinus spp. due to their low contribution to biodiversity. Planting densities, silvicultural techniques, and safety measures are defined. It includes provisions for the recovery of protection areas around water bodies and degraded zones, in accordance with Forestry Law 7575 and Water Law 276. A Community Environmental Management program and the annual 'Roble Sabana' award are created to encourage citizen participation. A penalty regime is established for conduct such as illegal felling, excessive pruning, damage to trees, or non-compliance with permits, with the possibility of criminal complaints. It regulates coordination with entities such as SINAC-MINAE and CNE for risk or human safety situations.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "23/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74898.json", "html_url": "/legal/doc/norm-74898", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74898&strTipM=TC&nValor3=0" }, { "id": "norm-74906", "citation": "Reglamento municipal 20", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Tax Collection from Quarry and Mine Concessionaires", "title_es": "Reglamento para Cobro del Impuesto a Concesionarios de Canteras y Minas", "summary_en": "This municipal regulation of Buenos Aires establishes the legal-tax framework for charging a tax to individuals and corporations exploiting quarries, public-domain watercourses, placers, washing sites, and mines in the canton. It defines the active subject (the municipality) and passive subjects (concessionaires), the requirements for obtaining the municipal commercialization license—including SETENA environmental viability approval—the taxable basis (gross sales or cubic meters extracted), and the rates: 30% of the sales tax for quarry material or 2% on gross sales for metallic activity. It also regulates the determination and payment of the tax, sworn declarations, the municipality's auditing powers, ex-officio determination, and administrative and judicial challenge procedures. The regulation repeals prior provisions and takes effect upon publication in La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74906.json", "html_url": "/legal/doc/norm-74906", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74906&strTipM=TC&nValor3=0" }, { "id": "norm-74908", "citation": "Reglamento municipal 278-B", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Aguirre Municipality Public Parks, Gardens, and Green Spaces Regulation", "title_es": "Reglamento de Parques, Jardines o Zonas Verdes Públicos de la Municipalidad de Aguirre", "summary_en": "This regulation, approved by the Aguirre Municipal Council in 2013, governs the use and care of public parks, gardens, and green spaces in the canton. It establishes general provisions ensuring the right of all citizens to use and enjoy these spaces, provided they follow instructions and signage. It prohibits acts that damage flora, fauna, urban furniture, and infrastructure, such as cutting down trees, hunting animals, lighting fires without authorization, or consuming alcohol and drugs. It details obligations for dog owners, including leash use and waste removal. It regulates socio-cultural and commercial activities, which require prior municipal permission. Additionally, it creates a park and green space maintenance fee charged to property owners in the benefiting districts, based on actual municipal costs plus a 10% development surcharge for new recreational areas. It provides for administrative sanctions and referral to the judicial system for damages or violations, in accordance with the Criminal Code and related regulations.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "30/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74908.json", "html_url": "/legal/doc/norm-74908", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74908&strTipM=TC&nValor3=0" }, { "id": "norm-74910", "citation": "Decreto 37681", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of National Convenience and Public Interest for the Cariblanco–Trapiche 230 kV Transmission Line Project", "title_es": "Declaratoria de Conveniencia Nacional e Interés Público del Proyecto Línea de Transmisión Cariblanco – Trapiche 230 kV", "summary_en": "This executive decree declares the construction of the Cariblanco–Trapiche 230 kV Transmission Line Project and its associated works, including substations and distribution lines, to be of national convenience and public interest, covering all phases. The declaration allows the Costa Rican Electricity Institute (ICE) to cut, prune, or remove trees of any species, even those protected by bans or endangered, located on forested lands or in protection areas, provided they are not within State Natural Heritage. It relies on the exception in Article 34 of the Forestry Law, which permits such interventions in projects declared of national convenience. The decree imposes environmental mitigation and compensation obligations on ICE, such as executing an environmental management plan approved by SETENA, carrying out forest inventories, paying for damages, and implementing reforestation plans. It prioritizes minimizing tree cutting while ensuring the operational safety of the line. The norm is based on the need to strengthen the national electric transmission grid and on studies showing that social benefits outweigh socio-environmental costs.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554", "property-and-titling" ], "date": "25/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74910.json", "html_url": "/legal/doc/norm-74910", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74910&strTipM=TC&nValor3=0" }, { "id": "norm-74919", "citation": "Reglamento municipal 155", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Santa Ana Tree Planting and Environmental Recovery Rule", "title_es": "Regla. Arborización y Recuperación Ambiental Espacios Públicos de Santa Ana", "summary_en": "This municipal publication declares the final approval of five regulations for the canton of Santa Ana. Among them is the 'Regulation for Tree Planting and Environmental Recovery of Public Spaces (Sidewalks and Community Parks) and Degraded Areas', originally approved in ordinary session No. 130 on October 30, 2012. The publication states that no objections were filed within the legal period, so these instruments are definitively approved by agreement in ordinary session No. 155 on April 23, 2013. The text does not contain the articles of the regulations; a note from Sinalevi indicates they should be consulted independently. The tree planting regulation aims to establish guidelines for planting trees and environmental recovery on sidewalks, community parks, and degraded areas within the canton.", "primary_topic_id": null, "topic_ids": [], "date": "23/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74919.json", "html_url": "/legal/doc/norm-74919", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74919&strTipM=TC&nValor3=0" }, { "id": "norm-74920", "citation": "Reglamento municipal 278", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Municipal Regulation 278", "title_es": "Reglamento municipal 278", "summary_en": "Agreement No. 03 of the Ordinary Session No. 278-2013 of the Municipal Council of Aguirre, adopted on April 30, 2013, finalizes three previously approved municipal regulations: the Regulation of the Municipal Market, the Regulation of Parks, Gardens or Public Green Areas, and the Regulation for the Seizure of Goods Sold on Public Roads and Seizure of Fermented (Alcoholic) Beverages in Unauthorized Locations. These drafts were published in La Gaceta No. 55 of March 22, 2013, for a ten-business-day public consultation period, and no objections were filed. The agreement mandates a second publication in the Official Gazette, upon which the regulations take effect. As the substantive articles are to be consulted independently, this document solely constitutes the administrative act of definitive approval, lacking substantive environmental regulatory content. The regulations address market management, public green spaces, and seizures related to street vending and alcoholic beverages, primarily municipal and public order matters with no direct bearing on environmental protection.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74920.json", "html_url": "/legal/doc/norm-74920", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74920&strTipM=TC&nValor3=0" }, { "id": "norm-74935", "citation": "Decreto 37622", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to Article 3 of Law 9073", "title_es": "Reglamento al artículo 3° de la Ley N° 9073", "summary_en": "This Regulation establishes the procedure for the Minister of Environment, Energy and Telecommunications to lift the eviction moratorium provided by Law No. 9073 on lands belonging to the State’s Natural Heritage, when there is environmental damage, danger, or threat of environmental harm. It details the steps to be followed by the Conservation Areas and the National System of Conservation Areas (SINAC) in preparing preliminary reports evidencing the invasion and the damage. The report must include location by coordinates, description of the invasion, potential invaders, and technical substantiation of damage or threat. Upon receipt of the report, the Minister may issue a reasoned administrative resolution to lift the moratorium and order eviction, following a protocol based on the Incident Command System. It also instructs the referral of documentation to the Environmental Administrative Tribunal and the filing of criminal complaints when applicable.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "29/01/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74935.json", "html_url": "/legal/doc/norm-74935", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74935&strTipM=TC&nValor3=0" }, { "id": "norm-74939", "citation": "Decreto 37701", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Papagayo Gulf Tourism Hub Real Guarantee Regulation", "title_es": "Reforma al Reglamento de Garantías Reales del Polo Turístico Golfo Papagayo", "summary_en": "This executive decree amends the Regulation for Granting Real Guarantees on Concessions in the Papagayo Gulf Tourism Hub (Decree No. 29794-MP-TUR of 2001). The reform updates Articles 1, 2, 3, 5, and 7 to clarify the procedure for authorizing encumbrances on concessions, eligible creditors (including top-tier foreign financial institutions), and the effects of guarantee enforcement. Notably, it regulates the enforcing creditor without development interest, granting a two-year period to transfer the concession to a third party and exempting them from the assignment fee when only seeking credit recovery. Article 6 of the original regulation is also repealed, consistent with prior amendments to the regulation of Law 6758. The ICT Board of Directors retains the authority to authorize these guarantees and recognize new concessionaires.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/08/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74939.json", "html_url": "/legal/doc/norm-74939", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74939&strTipM=TC&nValor3=0" }, { "id": "norm-74953", "citation": "Reglamento municipal 59", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Barva Parks and Green Areas Maintenance Fee Regulation", "title_es": "Reglamento de Tasa de Parques y Zonas Verdes de Barva", "summary_en": "This municipal regulation of the Barva canton in Heredia establishes and governs the maintenance service for parks, squares, green areas, and public spaces, along with the collection of a fee from property owners in the canton to fund it. It defines the taxpayers, the method for calculating the rate based on the linear front footage of each property, and a 10% surcharge earmarked exclusively for the creation and improvement of parks. It also sets out citizens' rights and duties, the municipality's obligations regarding urban furniture conservation, and sanctions for damages by referencing Article 1045 of the Civil Code. The annual fee, collected quarterly, must be approved by the Municipal Council and published in La Gaceta. The regulation was finally approved after a non-binding public consultation period with no objections, repealing any prior contrary provisions of equal or lower rank.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/09/2012", "year": "2012", "json_url": "/data/legal/docs/norm-74953.json", "html_url": "/legal/doc/norm-74953", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74953&strTipM=TC&nValor3=0" }, { "id": "norm-74969", "citation": "Decreto 37555", "section": "norms", "doc_type": "executive_decree", "title_en": "Expansion of SENARA's Budgetary Expenditure for 2013", "title_es": "Ampliación del gasto presupuestario de SENARA para 2013", "summary_en": "This decree expands the maximum budgetary expenditure of the National Service for Groundwater, Irrigation and Drainage (SENARA) for 2013 by ¢346,886,214.86. The funds come from a specific surplus and are allocated to the payment of services, acquisition of durable goods, and compensation for rights-of-way, necessary for the construction of the southern canal section II and the secondary irrigation channel network in the Lajas and Abangares subdistricts, Guanacaste, within the framework of the Integrated Water Resource Management Program (PROGIRH). The expansion is based on Executive Decree No. 37042-H (2013 budget policy guidelines) and Decree No. 32452-H (guidelines for specific surpluses), and holds the active administration of SENARA responsible for compliance with Article 6 of the Law on Financial Administration of the Republic and Public Budgets.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74969.json", "html_url": "/legal/doc/norm-74969", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74969&strTipM=TC&nValor3=0" }, { "id": "norm-74999", "citation": "Ley 9141", "section": "norms", "doc_type": "law", "title_en": "Amendment to Article 85 of the Phytosanitary Protection Law", "title_es": "Reforma al artículo 85 de la Ley de Protección Fitosanitaria", "summary_en": "This law adds a final paragraph to Article 85 of the Phytosanitary Protection Law No. 7664, regarding the prohibition for professionals of the State Phytosanitary Service to engage in private activities that are incompatible with their public function. It establishes that this prohibition shall be compensated according to Law No. 5867, and shall be subject to the provisions of the Law against Corruption and Illicit Enrichment in Public Service, Law No. 8422. Furthermore, it states that the economic difference resulting from the transition from the exclusive dedication incentive to the prohibition shall be covered by the State Phytosanitary Service's own resources.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-74999.json", "html_url": "/legal/doc/norm-74999", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=74999&strTipM=TC&nValor3=0" }, { "id": "norm-75010", "citation": "Decreto 37707", "section": "norms", "doc_type": "executive_decree", "title_en": "SIREA Registration and Evaluation Costs Regulation", "title_es": "Reglamento de costos de inscripción y evaluación del SIREA", "summary_en": "Executive Decree 37707-MINAE sets the fees that public and private organizations must pay to participate in the Environmental Recognition System (SIREA). It defines registration costs (US$750), renewal costs (US$375), and Cleaner Production Voluntary Agreement subscription costs (US$375), along with daily evaluator fees (lead evaluator US$200, evaluator US$150, technical expert US$100). The Organizer calculates total evaluation costs based on scope, required team, and time needed. A solidarity fund is created to cover up to 50% of registration costs for micro and small enterprises, and MINAE is authorized to sign technical cooperation agreements. The regulation includes financial oversight mechanisms and refers supplementarily to the SIREA Regulation (Decree 37109). It was repealed in 2019 by Decree 41594, which established a new SIREA.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75010.json", "html_url": "/legal/doc/norm-75010", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75010&strTipM=TC&nValor3=0" }, { "id": "norm-75015", "citation": "Decreto 37713", "section": "norms", "doc_type": "executive_decree", "title_en": "Technical Regulation RTCR 460:2011 Sanitary Varnishes for Fishery Product Preserves", "title_es": "Reglamento Técnico RTCR 460:2011 Barnices Sanitarios para Conservas Pesqueras", "summary_en": "Executive Decree No. 37713-MAG approves Technical Regulation RTCR 460:2011, which sets out the requirements for sanitary varnishes used in steel containers for fishery product preserves. The purpose is to ensure the safety and shelf-life of these products, under the authority of the National Animal Health Service (SENASA). The regulation establishes technical specifications for varnishes, the verification procedure to be carried out by the State, and penalties for non-compliance according to SENASA's General Law. It repeals a prior directive and provides for a six-month delayed effectiveness. The detailed technical regulation is published separately in the legal information system.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75015.json", "html_url": "/legal/doc/norm-75015", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75015&strTipM=TC&nValor3=0" }, { "id": "norm-75016", "citation": "Decreto 37714", "section": "norms", "doc_type": "executive_decree", "title_en": "Technical Regulation RTCR 459:2011 Double Seal Metal Containers Fishery Products", "title_es": "Reglamento Técnico RTCR 459:2011 Doble Sello Envases Metálicos Productos Pesqueros", "summary_en": "This executive decree approves Technical Regulation RTCR 459:2011, which establishes mandatory technical requirements for the double seal (hermetic closure) on steel metal containers used for canned fishery products. The aim is to preserve the safety and shelf life of these products along the production chain, in line with the National Animal Health Service (SENASA) Law. The regulation applies to establishments processing hermetically sealed fishery products. It assigns compliance verification to SENASA, with costs covered by the State except for non-compliance by the regulated party. It repeals Directive SENASA-DG-D012-2010 and provides for administrative and criminal penalties for violations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75016.json", "html_url": "/legal/doc/norm-75016", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75016&strTipM=TC&nValor3=0" }, { "id": "norm-75017", "citation": "Decreto 37713-A", "section": "norms", "doc_type": "executive_decree", "title_en": "Technical Regulation RTCR 460:2011 Sanitary Varnishes for Canned Fishery Products", "title_es": "Reglamento Técnico RTCR 460:2011 Barnices Sanitarios para Conservas de Productos Pesqueros", "summary_en": "This executive decree approves Technical Regulation RTCR 460:2011, establishing the requirements for varnishes used to coat the interior and exterior of metal containers for canned fishery products, whether domestic or imported, sold in Costa Rica. The regulation defines key concepts such as adhesion, curing, and porosity; specifies the quality parameters these varnishes must meet, including safety for human health, coating homogeneity, maximum allowable adhesion strength (Class 1 for interior and exterior varnish), porosity limits (≤0.04 pores/dm²), and minimum coating weights by varnish type (e.g., ≥4 g/m² for a single interior layer, ≥9 g/m² for white porcelain varnish). Compliance verification is the responsibility of the National Animal Health Service (SENASA) through audits of canning establishments. The goal is to ensure the safety and integrity of canned products during thermal processing and storage.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75017.json", "html_url": "/legal/doc/norm-75017", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75017&strTipM=TC&nValor3=0" }, { "id": "norm-75018", "citation": "Decreto 37714-A", "section": "norms", "doc_type": "executive_decree", "title_en": "Requirements for Double Seam in Metal Containers for Canned Fishery Products", "title_es": "Requisitos para el Doble Sello en Envases Metálicos de Conservas Pesqueras", "summary_en": "This Technical Regulation, issued by the Executive Branch, establishes mandatory specifications for canned fishery product processors in Costa Rica to ensure the integrity of the double seam in metal containers. It defines the double seam as the hermetic union between the container body and lid, whose correct formation is essential to prevent microbiological contamination of the food once sealed and thermally processed. The standard details dimensional parameters, tolerances, frequency, and methods of visual and destructive inspection, referencing scientifically recognized methodologies (micrometer, seam projector). Compliance verification corresponds to the National Animal Health Service (SENASA), within its legal mandate on the safety of animal-origin foods.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75018.json", "html_url": "/legal/doc/norm-75018", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75018&strTipM=TC&nValor3=0" }, { "id": "norm-75028", "citation": "Ley 9134", "section": "norms", "doc_type": "law", "title_en": "Authentic Interpretation of Article 45 of Law 7384 and Article 123 of Law 8436", "title_es": "Interpretación Auténtica del artículo 45 de la ley N° 7384 y el 123 de la ley N° 8436", "summary_en": "Law 9134 is an authentic interpretation by the Legislative Assembly that clarifies the scope of Article 45 of the INCOPESCA Creation Law (No. 7384) and Article 123 of the Fisheries and Aquaculture Law (No. 8436). Its purpose is to define the legal nature of the fee that fishing and aquaculture concessionaires and permit holders must pay, establishing that it constitutes economic consideration for the exclusive use of public domain goods, specifically marine species in Costa Rican waters. The law determines that the fee is not a tax but a public price, and that its taxable base will be calculated on the FOB value of the transformed fishery product, considering operating costs, inputs, and added value. It also sets a maximum percentage of 3% of that value for the fee calculation, which must be established by the Executive Branch for each type of license, permit, or concession. The interpretation clarifies the methodology for determining the amount, eliminating previous ambiguities and ensuring that the charge reflects the use of a public resource, without constituting a disproportionate tax burden.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/06/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75028.json", "html_url": "/legal/doc/norm-75028", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75028&strTipM=TC&nValor3=0" }, { "id": "norm-75048", "citation": "Acuerdo 193", "section": "norms", "doc_type": "agreement", "title_en": "Establishes closed season for the Gulf of Nicoya", "title_es": "Establece periodo de veda para el Golfo de Nicoya", "summary_en": "Agreement AJDIP/193-2013 of the Costa Rican Institute of Fisheries and Aquaculture establishes a closed season for fishing in the Gulf of Nicoya during 2013, aimed at protecting fishery resources under sustainability principles. The closed season for small-scale commercial fishing and tourist/sport fishing runs from July 1 to September 30 in a defined area. For semi-industrial shrimp and sardine fishing, the closure spans July 1 to September 30 in a broader zone, though limited sardine fishing for bait is allowed under strict supervision conditions. The agreement also modifies a previous agreement (AJDIP/186-2013) by excluding sport fishing from the closure, considering its impact different from commercial fishing. Conditions are set for access to competitively priced fuel for fishers who choose to operate outside the closed areas. The agreement takes effect on July 1, 2013.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75048.json", "html_url": "/legal/doc/norm-75048", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75048&strTipM=TC&nValor3=0" }, { "id": "norm-75053", "citation": "Decreto 37726", "section": "norms", "doc_type": "executive_decree", "title_en": "Partial lifting of bivalve mollusk ban in the southern Pacific and Gulf of Nicoya", "title_es": "Levantamiento parcial de veda de moluscos bivalvos en el Pacífico sur y Golfo de Nicoya", "summary_en": "This executive decree partially lifts the ban on harvesting and commercialization of three bivalve mollusk species —piangua (Anadara similis), white clam (Protothaca asperrima) and green clam (Polymesoda radiata)— from specific areas of the Costa Rican Pacific coast, after determining through phytoplankton and toxicological analyses that levels of paralytic shellfish toxins (PSP) are below safe limits for human consumption. The measure is based on results from the National University's Marine Phytoplankton Laboratory and LANASEVE-MAG, which showed a decrease or absence of toxins in those species and regions. The ban remains in place for all other marine bivalve mollusk species along the entire Pacific coast, in accordance with Executive Decree 37402-S-MAG of November 2012. The norm addresses the need to protect public health from red tide events while allowing controlled use of fishery resources when sanitary conditions permit.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "_off-topic" ], "date": "22/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75053.json", "html_url": "/legal/doc/norm-75053", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75053&strTipM=TC&nValor3=0" }, { "id": "norm-75054", "citation": "Decreto 37733", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of National Convenience for the Balsa Inferior Hydroelectric Project", "title_es": "Declaratoria de Conveniencia Nacional para el Proyecto Hidroeléctrico Balsa Inferior", "summary_en": "This executive decree declares the Balsa Inferior Hydroelectric Project of CNFL, located in San Ramón, Alajuela, and its associated works to be of national convenience and public interest during construction, operation, and maintenance phases. The declaration is based on the need to expand electricity generation capacity with renewable sources, in line with the country's carbon-neutrality goals. As a result, it authorizes tree cutting in protection areas and even of protected or endangered species, provided they are not located on State Natural Heritage lands, applying the exception in Articles 19(b) and 34 of the Forestry Law. The decree also requires CNFL to execute environmental control measures, reforest with native species, and deliver usable timber to the Ministry of Public Education. SINAC and SETENA must give priority treatment to the project's proceedings.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "10/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75054.json", "html_url": "/legal/doc/norm-75054", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75054&strTipM=TC&nValor3=0" }, { "id": "norm-75063", "citation": "Decreto 37734", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Public Interest of the High-Level Conference of Middle-Income Countries", "title_es": "Declaratoria de Interés Público de la Conferencia de Alto Nivel de Países de Renta Media", "summary_en": "This decree declares the High-Level Conference of Middle-Income Countries, held in Costa Rica in June 2013, to be of public interest, with the aim of discussing challenges for sustainable development and international cooperation in middle-income countries. It is based on the situation of these countries, which represent a majority in the international community and face asymmetries and risks of stagnation if their challenges are not addressed in a differentiated manner. The conference sought to coordinate regional and global development processes, addressing three approaches: comprehensive growth and prosperity, environmental sustainability and green industry, and financing for sustainable economic development. The resulting joint declaration, called the San José Declaration, was expected to be presented to the United Nations General Assembly as a contribution to discussions on the post-2015 development agenda and the Sustainable Development Goals. The decree empowers public institutions and urges private ones to contribute resources for the event, without prejudice to their own objectives. The norm has an administrative and temporary nature, linked to a specific event, and does not establish substantive environmental regulations, although it mentions environmental sustainability as one of the conference themes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75063.json", "html_url": "/legal/doc/norm-75063", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75063&strTipM=TC&nValor3=0" }, { "id": "norm-75064", "citation": "Decreto 37587", "section": "norms", "doc_type": "executive_decree", "title_en": "National Fisheries and Aquaculture Development Plan", "title_es": "Plan Nacional de Desarrollo de la Pesca y de Acuicultura", "summary_en": "This executive decree officially adopts the National Fisheries and Aquaculture Development Plan of Costa Rica (PNDPA), prepared under Article 3 of the Fisheries and Aquaculture Law. The plan is an interdisciplinary ten-year instrument for fisheries and aquaculture management with an ecosystem-based and participatory approach. It establishes structural areas—research, institutional strengthening, regulation, international affairs, and markets—and operational areas for oceanic and coastal fishing and aquaculture. It sets specific objectives, strategies, and targets with annual deadlines, designating INCOPESCA as the executor while coordinating with other state institutions. The plan creates an Administrative Tribunal for Fisheries and Aquaculture Activities and traceability systems, and allocates tuna-license surplus funds for its implementation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/01/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75064.json", "html_url": "/legal/doc/norm-75064", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75064&strTipM=TC&nValor3=0" }, { "id": "norm-75105", "citation": "Reglamento municipal 22", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Integrated Solid Waste Management of the Canton of Mora", "title_es": "Reglamento para la Gestión Integral de Residuos Sólidos del Cantón de Mora", "summary_en": "This municipal regulation establishes the legal framework for integrated solid waste management in the canton of Mora, enacted by the Municipal Council in 2013. It adopts the hierarchy principle: avoid, reduce, reuse, energy recovery, treatment, and dispose the smallest possible amount of waste, expressly prohibiting landfilling as a final disposal method. It defines source-separation obligations for household, commercial, and institutional generators, conditions for temporary storage, sanitary transportation, and collection centers. It creates a differentiated fee to finance the service, including an additional charge for special volumes. It holds generators and extended producers responsible, and incorporates environmental principles such as precaution, access to information, and citizen participation. It regulates street cleaning, prohibits dumping or burning waste, and remits infractions to the Environmental Administrative Tribunal. Transitionally, until an energy valorization system is implemented, it authorizes final disposal in a landfill outside the canton via concession.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "03/06/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75105.json", "html_url": "/legal/doc/norm-75105", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75105&strTipM=TC&nValor3=0" }, { "id": "norm-75110", "citation": "Decreto 37674", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of Ministry of Health representative to CONAGEBIO", "title_es": "Nombramiento de representante del Ministerio de Salud ante CONAGEBIO", "summary_en": "This executive decree No. 37674-MINAE appoints Esteban Cerdas Quirós as the full member representing the Ministry of Health on the National Commission for Biodiversity Management (CONAGEBIO), a key body for biodiversity conservation and sustainable use in Costa Rica. It repeals previous decrees designating other representatives. The appointment is for the full three-year term established in Article 15 of the Biodiversity Law No. 7788. The decree was subsequently repealed in 2016 by Executive Decree No. 39599, which appointed a new full representative of the Minister of Health. This administrative act does not address substantive environmental protection issues, but is limited to the designation of an official to a collegiate body.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "11/03/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75110.json", "html_url": "/legal/doc/norm-75110", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75110&strTipM=TC&nValor3=0" }, { "id": "norm-75111", "citation": "Decreto 37732", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of national convenience for the Bijagua Hydroelectric Project", "title_es": "Declaratoria de conveniencia nacional del Proyecto Hidroeléctrico Bijagua", "summary_en": "Executive Decree 37732-MINAE declares the construction, operation, and maintenance of the Bijagua Hydroelectric Project by Coopeguanacaste R.L. in Upala, Alajuela to be of National Convenience and Public Interest. The declaration authorizes cutting, pruning, or removal of trees of any species, including protected ones, in protection areas under Article 33 of the Forestry Law, provided they are not on State Natural Heritage lands. SETENA approved the Environmental Impact Study through resolution 3233-2012-SETENA. The decree mandates priority treatment by SINAC for cutting procedures, obligates Coopeguanacaste to implement the Environmental Management Plan, reforest with native species, and deliver usable timber to the Ministry of Public Education. The declaration is based on a cost-benefit analysis concluding social benefits outweigh socio-environmental costs.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "09/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75111.json", "html_url": "/legal/doc/norm-75111", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75111&strTipM=TC&nValor3=0" }, { "id": "norm-75143", "citation": "Decreto 37724", "section": "norms", "doc_type": "executive_decree", "title_en": "Decree 37724 – Revocation of public-utility status of Isaías Retana Association", "title_es": "Decreto 37724 – Revocatoria de utilidad pública de la Asociación Isaías Retana", "summary_en": "This executive decree revokes the public-utility declaration previously granted to the Asociación Conservacionista Isaías Retana Arias via Decree 36146-J. The revocation is made at the express request of the association itself, adopted by its Board of Directors. Despite the entity maintaining its conservation purposes, the decree acknowledges the voluntary waiver of the benefit and orders its registration in the Associations Registry.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75143.json", "html_url": "/legal/doc/norm-75143", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75143&strTipM=TC&nValor3=0" }, { "id": "norm-75176", "citation": "Reglamento municipal 57", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Construction, Subdivision, Condominium and Urbanization Regulation of the Municipality of Esparza", "title_es": "Reglamento de Construcción, Fraccionamiento, Condominio y Urbanización de la Municipalidad de Esparza", "summary_en": "This municipal regulation of Esparza establishes the regulatory framework for processing licenses and permits for construction, subdivision, condominiums, and urbanization in the canton. It defines procedures, technical requirements, and necessary documentation to obtain urban approvals, land-use certificates, construction permits (minor works, major works, walls, demolition, earthmoving), as well as for the development of urbanizations and condominiums. It incorporates environmental requirements such as SETENA environmental viability for impactful projects, environmental impact studies, protection of river and stream buffer zones, stormwater and waste management, landscaping with native species, and risk prevention measures. It also regulates penalties for violations and available administrative remedies. It was repealed in 2017 by the municipality's Construction Regulation.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "environmental-law-7554" ], "date": "03/06/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75176.json", "html_url": "/legal/doc/norm-75176", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75176&strTipM=TC&nValor3=0" }, { "id": "norm-75218", "citation": "Decreto 37749", "section": "norms", "doc_type": "executive_decree", "title_en": "CST Regulation Amendment — Inclusion of CANAECO in the CNA", "title_es": "Reforma Reglamento CST — Inclusión de CANAECO en la CNA", "summary_en": "Executive Decree No. 37749-MEIC-MINAE-TUR amends the Regulation for the Granting of the Tourism Sustainability Certificate (CST) with the purpose of strengthening sustainability in Costa Rica's tourism industry. The amendment modifies Article 7 of the original regulation, adjusting the quorum of the National Accreditation Commission (CNA) to a minimum of five members, and adds subsection h) to Article 5 to include the National Chamber of Ecotourism and Sustainable Tourism (CANAECO) as a member of said commission. This inclusion responds to the strategy of the National Sustainable Tourism Plan to 2016, recognizing CANAECO as a strategic private-sector partner that has promoted sustainability processes and training among its member companies. It aims to promote and disseminate the CST, increase the participation of voluntary tourism companies in the certification program, and consolidate the CST as a differentiating tool for the national tourism industry, leveraging CANAECO's experience and focus on sustainability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75218.json", "html_url": "/legal/doc/norm-75218", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75218&strTipM=TC&nValor3=0" }, { "id": "norm-75223", "citation": "Decreto 37757", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Soil Guideline Values for Decontamination of Sites Affected by Environmental Emergencies and Spills", "title_es": "Reglamento sobre valores guía en suelos para descontaminación de sitios afectados por emergencias ambientales y derrames", "summary_en": "This executive decree establishes lists of chemical substances and guideline values (prevention and intervention levels) that, when exceeded in soil, signal risk to human health and ecosystems. It defines administrative procedures for risk management due to soil contamination, compelling natural and legal persons engaged in industrial, commercial, service, or agricultural activities who handle regulated substances to report spills, conduct monitoring, and implement remediation plans under the supervision of the Ministry of Health. It creates an inter-agency Technical Committee to support the management of contaminated sites and provides sanctions under the Organic Environmental Law and the General Health Law. The regulation applies nationwide and aims to prevent harm to public health and the environment from soil and groundwater contamination.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779" ], "date": "15/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75223.json", "html_url": "/legal/doc/norm-75223", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75223&strTipM=TC&nValor3=0" }, { "id": "norm-75234", "citation": "Decreto 37773", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the National Territorial Information System", "title_es": "Creación del Sistema Nacional de Información Territorial", "summary_en": "This executive decree creates the National Territorial Information System (SNIT) as an official platform to publish integrated and georeferenced thematic territorial information produced by public entities and, optionally, private parties. The SNIT is built on the cadastral and topographic cartography generated by the Cadastre and Registry Regularization Program and aims to standardize geospatial data to avoid duplication and improve territorial management efficiency. Direction and administration are entrusted to the National Registry through the National Geographic Institute, while provisional technical operation is in charge of the Program's Executing Unit. The decree requires all georeferencable territorial information from the Executive Branch to be published on the SNIT and allows agreements with other public institutions to incorporate their data, provided they comply with technical standards defined by the National Registry. This lays the groundwork for a common National Geospatial Data Infrastructure.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "07/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75234.json", "html_url": "/legal/doc/norm-75234", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75234&strTipM=TC&nValor3=0" }, { "id": "norm-75261", "citation": "Decreto 37803", "section": "norms", "doc_type": "executive_decree", "title_en": "Addition and amendment to the General Regulation on Environmental Impact Assessment (EIA) Procedures", "title_es": "Adición y modificación al Reglamento General sobre los Procedimientos de Evaluación de Impacto Ambiental (EIA)", "summary_en": "This executive decree amends and adds provisions to the General Regulation on EIA Procedures (Decree 31849). It introduces key definitions such as 'exogenous conditions' and 'activities of very low potential environmental impact,' establishes a list of EIA-exempt activities (construction under 500 m², industrial buildings under 1000 m² in conforming land use, provided not in fragile areas), details georeferencing requirements for assessment documents, and simplifies the procedure for telecommunication towers through a specific D2 form. It extends the validity of environmental viability from two to five years and allows minor adjustments without re-approval under notification conditions. It clarifies that Potential Environmental Viability (VAP) enables initiating proceedings with other authorities such as SINAC, Dirección de Aguas, and ARESEP.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "25/06/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75261.json", "html_url": "/legal/doc/norm-75261", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75261&strTipM=TC&nValor3=0" }, { "id": "norm-75277", "citation": "Decreto 37788", "section": "norms", "doc_type": "executive_decree", "title_en": "General Regulation for the Classification and Management of Hazardous Waste", "title_es": "Reglamento General para la Clasificación y Manejo de Residuos Peligrosos", "summary_en": "This executive decree approves a new General Regulation for the Classification and Management of Hazardous Waste, integrating and updating previous regulations. It establishes obligations for hazardous waste generators, including classification, accumulation, storage, transportation, and final disposal. It defines detailed procedures for safe accumulation, with requirements regarding containers, labeling, safety equipment, and emergency protocols. It partially reforms and repeals earlier decrees on industrial hazardous waste (27000-MINAE and 27001-MINAE), modernizing the Costa Rican regulatory framework in line with the Basel Convention and the Law for Integrated Waste Management. It assigns the Ministry of Health the lead role and gives the Environmental Comptroller oversight functions. The regulation approved by this decree was later repealed by Executive Decree No. 41527 of 2018.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "15/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75277.json", "html_url": "/legal/doc/norm-75277", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75277&strTipM=TC&nValor3=0" }, { "id": "norm-75279", "citation": "Decreto 37788-A", "section": "norms", "doc_type": "executive_decree", "title_en": "General Regulation for the Classification and Management of Hazardous Waste", "title_es": "Reglamento General para la Clasificación y Manejo de Residuos Peligrosos", "summary_en": "This Executive Decree establishes a comprehensive framework for the classification, management, and final disposal of hazardous waste in Costa Rica. It applies to any natural or legal person that generates, stores, transports, treats, handles, valorizes, or disposes of hazardous waste. Key concepts are defined, including generator, manager, storage, treatment, and final disposal. Detailed obligations are imposed on generators and transporters, such as preparing a comprehensive management plan, labeling, traceability, and continuing responsibility until valorization or final disposal. The Ministry of Health is designated as the lead authority, in coordination with MINAE. Absolute prohibitions include importing hazardous waste and placing it in landfills without secure cells. The regulation adopts EU and Globally Harmonized System classifications and integrates and updates prior regulations to align with scientific advances and international commitments.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "15/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75279.json", "html_url": "/legal/doc/norm-75279", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75279&strTipM=TC&nValor3=0" }, { "id": "norm-75341", "citation": "Decreto 37745", "section": "norms", "doc_type": "executive_decree", "title_en": "Methodology for Studies of Generation and Composition of Ordinary Solid Waste", "title_es": "Metodología para Estudios de Generación y Composición de Residuos Sólidos Ordinarios", "summary_en": "This executive decree makes official a standardized methodology for Costa Rican municipalities to conduct studies on the generation and composition of ordinary solid waste. It is based on the Integrated Waste Management Law (Law No. 8839), which assigns the Ministry of Health the stewardship of the matter and makes local governments responsible for managing waste in their canton. The methodology details procedures for planning, sampling from households and commercial establishments, determining per capita daily generation, and analyzing physical composition (organics, paper, plastics, glass, metals, etc.). The results aim to provide standardized and reliable data for the development of municipal integrated management plans, monitoring their implementation, and setting proportional fees, thus contributing to the protection of public health and the environment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75341.json", "html_url": "/legal/doc/norm-75341", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75341&strTipM=TC&nValor3=0" }, { "id": "norm-75352", "citation": "Decreto 36535", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Recital XI of Decree 34417", "title_es": "Modificación del Considerando XI del Decreto 34417", "summary_en": "Executive Decree 36535 amends Recital XI of Executive Decree 34417, which declared the Los Santos Wind Project to be of national convenience and public interest. The original Recital XI stated that the forest cover in the project area was in the process of being removed in accordance with forestry legislation. The amendment clarifies that the development of the wind project will not require the removal of forest cover; instead, the worksite will be located in pastureland or areas with scattered trees, or any impact on forests will be compensated under the Forestry Law. The decree seeks to remove a potential normative contradiction and facilitate project execution, reaffirming its importance for diversifying the national energy matrix and reducing greenhouse gas emissions.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "15/02/2011", "year": "2011", "json_url": "/data/legal/docs/norm-75352.json", "html_url": "/legal/doc/norm-75352", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75352&strTipM=TC&nValor3=0" }, { "id": "norm-75353", "citation": "Decreto 37747", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to Law No. 7369 on the Bolivar Park and Santa Ana Zoos Administration Transfer", "title_es": "Reglamento a la Ley N° 7369 de Zoológicos Parque Bolivar y Santa Ana", "summary_en": "This regulation sets the objectives and purpose of the Simón Bolívar Zoological and Botanical Park and the Santa Ana Conservation Center as environmental eco-recreation centers focused on scientific research and environmental education. It prohibits exhibiting larger wild animals in cages and requires welfare conditions for those remaining. It governs administration through agreements, establishes grounds for contract suspension or termination, and repeals Executive Decree No. 22757-MIRENEM. It aims to align these sites with modern concepts of ex situ conservation and holistic integration of biodiversity.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "07/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75353.json", "html_url": "/legal/doc/norm-75353", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75353&strTipM=TC&nValor3=0" }, { "id": "norm-75383", "citation": "Tratados Internacionales 9154", "section": "norms", "doc_type": "treaty", "title_en": "Association Agreement between Central America and the European Union and amendment to Article XXI of CITES", "title_es": "Acuerdo de Asociación entre Centroamérica y la Unión Europea y enmienda al Artículo XXI de CITES", "summary_en": "Law No. 9154 approves the Association Agreement between Central America and the European Union, signed in Tegucigalpa on June 29, 2012, covering political, trade, and development cooperation. It also approves an amendment to Article XXI of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), adopted in Gaborone in 1983, which allows accession by regional economic integration organizations, such as the EU, granting them rights and obligations in matters covered by the Convention and regulating their voting rights. The law creates two specific taxes for land border posts and establishes the allocation of the collected funds.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75383.json", "html_url": "/legal/doc/norm-75383", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75383&strTipM=TC&nValor3=0" }, { "id": "norm-75384", "citation": "Tratados Internacionales 9154-A", "section": "norms", "doc_type": "treaty", "title_en": "Association Agreement between Central America and the European Union", "title_es": "Acuerdo de Asociación entre Centroamérica y la Unión Europea", "summary_en": "This international treaty, approved by Law No. 9154, establishes a bi-regional association between Central America (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama) and the European Union and its Member States. The Agreement is structured in four parts: general and institutional provisions, political dialogue, cooperation, and trade. Regarding the environment, it enshrines sustainable development as a guiding principle (Art. 1) and dedicates Title V of Part III to the environment, natural disasters, and climate change, promoting the protection of natural resources, combating climate change, biodiversity conservation, and sustainable forest management. In addition, Art. 20 establishes a specific dialogue on the environment and sustainable development. In the trade area, Title VIII of Part IV addresses trade and sustainable development, linking labor and environmental obligations. The Agreement also reinforces international commitments on human rights, indigenous peoples, and good governance. It was ratified by Costa Rica through Executive Decree No. 37785 and entered into force on October 1, 2013.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "forestry-law-7575" ], "date": "03/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75384.json", "html_url": "/legal/doc/norm-75384", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75384&strTipM=TC&nValor3=0" }, { "id": "norm-75387", "citation": "Reglamento 0 (Sistema Nacional de Áreas de Conservación, 06/06/2013)", "section": "norms", "doc_type": "regulation", "title_en": "SINAC Travel Allowance Regulation", "title_es": "Reglamento para viáticos del SINAC", "summary_en": "This regulation, issued by the National Council of Conservation Areas (CONAC), governs the payment of travel allowances and transportation expenses for SINAC employees—including interim staff and personnel from other institutions working under cooperation agreements—as well as for civil society representatives in local, regional and national councils. It sets conditions for per diem eligibility: travel beyond 20 km from the workplace, or shorter distances under exceptional urgency or institutional interest, excluding routine duties within Protected Wilderness Areas unless annually exempted. It details liquidation procedures, deadlines, and verification responsibilities. Payment is also allowed during extended land or maritime operations where food is unavailable, unless SINAC provides it. Sanctions for non-compliance are included, and it repeals directive SINAC-DS-785 of 2006.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/06/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75387.json", "html_url": "/legal/doc/norm-75387", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75387&strTipM=TC&nValor3=0" }, { "id": "norm-75393", "citation": "Decreto 37828", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to Title IV Emergency Provisions of the General Law of the National Animal Health Service No. 8495", "title_es": "Reglamento al Título IV Dispositivos de Emergencias de la Ley General del Servicio Nacional de Salud Animal N° 8495", "summary_en": "This executive decree regulates Title IV of Law No. 8495, establishing procedures for declaring and responding to sanitary emergencies —epidemic or non-epidemic— that threaten animal health and veterinary public health. It defines the duties of SENASA's Director General, the composition and operation of an advisory Ad Hoc Commission, and streamlined administrative contracting procedures using ordinary funds or the Accumulative Emergency Fund. It also covers case files, expense liquidation, and the role of veterinarians in the absence of official authorities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75393.json", "html_url": "/legal/doc/norm-75393", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75393&strTipM=TC&nValor3=0" }, { "id": "norm-75394", "citation": "Decreto 37829", "section": "norms", "doc_type": "executive_decree", "title_en": "Technical Regulation RTCR 461: 2011", "title_es": "Reglamento Técnico RTCR 461: 2011", "summary_en": "Executive Decree No. 37829-MAG approves Technical Regulation RTCR 461: 2011 on commercial sterility for hermetically sealed canned fishery products. It establishes sanitary requirements for establishments processing these products to ensure their safety and shelf life. The regulation is based on the General Law of the National Animal Health Service (SENASA), Law No. 8495, which empowers SENASA to regulate and control the sanitary safety of food of animal origin throughout the production chain. The decree repeals Directive SENASA-DG-D010-2010 and provides that verification costs are borne by the State, except for costs arising from non-compliance, which are charged to the operator. The regulation enters into force six months after publication, and within an additional three months SENASA must publish the verification procedure. Non-compliance sanctions are governed by Law No. 8495 and current criminal law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75394.json", "html_url": "/legal/doc/norm-75394", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75394&strTipM=TC&nValor3=0" }, { "id": "norm-75396", "citation": "Decreto 37829-A", "section": "norms", "doc_type": "executive_decree", "title_en": "Technical Regulation on Commercial Sterility for Canned Fishery Products", "title_es": "Reglamento Técnico de Esterilidad Comercial para Conservas de Productos Pesqueros", "summary_en": "This executive decree approves Technical Regulation RTCR 461:2011, establishing requirements and specifications for implementing commercial sterility processes in hermetically sealed fishery products. The regulation is based on the National Animal Health Service Law (SENASA) No. 8495, which gives SENASA authority over the safety of animal-origin products. It defines key concepts such as commercial sterility, scheduled thermal process, and process authority, and details obligations for processing establishments: use of potable water, temperature-control devices on equipment, trained personnel, validated heat distribution and heat penetration studies, and routine commercial sterility tests. SENASA is responsible for verifying compliance. The regulation applies to both domestic and imported products.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/02/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75396.json", "html_url": "/legal/doc/norm-75396", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75396&strTipM=TC&nValor3=0" }, { "id": "norm-75404", "citation": "Decreto 37809", "section": "norms", "doc_type": "executive_decree", "title_en": "2013 Maximum Budgetary Expenditure Increase for the Water Directorate", "title_es": "Ampliación del Gasto Presupuestario Máximo 2013 para la Dirección de Aguas", "summary_en": "Executive Decree No. 37809-H increases the maximum authorized budgetary expenditure for the Water Directorate (Dirección de Aguas) of the National Meteorological Institute (IMN) for 2013, adding ₡1,728,352,305.00. The increase is funded through free surplus resources and is intended to strengthen the Water Directorate's technological and administrative capacity for water regulation and management. Specific allocations include specialized field equipment, meteorological stations, off-road vehicles, and the development of projects for real-time groundwater monitoring and integrated water-resource information management. Non-priority expenses such as office equipment and training are excluded. The decree is grounded in the Financial Administration Law and its regulations, and in the transfer of the Water Department from ICE to MINAE under Law 7593. The expansion is justified by the need to enhance integrated water resource management nationwide.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "21/06/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75404.json", "html_url": "/legal/doc/norm-75404", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75404&strTipM=TC&nValor3=0" }, { "id": "norm-75416", "citation": "Decreto 37814", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of the SETENA Modernization Commission", "title_es": "Reforma sobre Comisión de Modernización de SETENA", "summary_en": "This decree amends Executive Decree No. 37675-MINAE, which established the Special Commission for the Modernization of SETENA. It clarifies and adjusts its composition, including private-sector participation through a shortlist proposed by the Costa Rican Union of Chambers and Associations of Private Enterprise (UCCAEP). It also redefines the power to temporarily suspend proceedings: the Commission, in coordination with SETENA's Secretary General, may interrupt certain new or ongoing proceedings for maximum periods of 10 business days, extendable once, within 90 calendar days of the Commission's formation. Exceptions include complaints, judicial requests, public institution proceedings, projects of national interest or emergency, and telecommunications network deployment. The aim is to provide legal certainty and continuity of public service while modernizing environmental assessment procedures.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "07/06/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75416.json", "html_url": "/legal/doc/norm-75416", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75416&strTipM=TC&nValor3=0" }, { "id": "norm-75420", "citation": "Acuerdo 169", "section": "norms", "doc_type": "agreement", "title_en": "Amendment to INCOPESCA Fees for Artisanal Fleet", "title_es": "Reforma a tarifas de INCOPESCA para flota artesanal", "summary_en": "The Board of Directors of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) amends agreement AJDIP/417-2012 to clarify that small-scale artisanal fishing vessels are exempt from the formal request for inspection, the inspection itself, and the associated fee during the unloading of fishery products. The amendment aims to correct an administrative interpretation that required a formal inspection request from these vessels, which was neither the original intent nor consistent with the reality of the artisanal sector. The agreement takes effect upon its final adoption and adjusts the explanatory notes of point 6, subsection f of the original agreement.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75420.json", "html_url": "/legal/doc/norm-75420", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75420&strTipM=TC&nValor3=0" }, { "id": "norm-75422", "citation": "Acuerdo 208", "section": "norms", "doc_type": "agreement", "title_en": "Amendment to closed season in the Gulf of Nicoya", "title_es": "Modificación del período de veda en el Golfo de Nicoya", "summary_en": "The Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) amends Agreement AJDIP/193-2013, which originally established a closed season in the Gulf of Nicoya from July 1 to September 30. The amendment adjusts the provision regarding access to competitively priced fuel for artisanal fishers. Initially, the agreement denied them this benefit if they chose to fish outside the closed area. However, since this contradicted Executive Decree No. 36043-MAG-SP-MS, it was corrected: now, those fishers who, meeting the requirements of Article 2 of that decree, opt to continue fishing outside the closed zones or conditions may receive competitively priced fuel, provided they have notified INCOPESCA in writing before the closed season begins. The rest of the agreement remains unchanged and takes effect upon adoption.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/06/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75422.json", "html_url": "/legal/doc/norm-75422", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75422&strTipM=TC&nValor3=0" }, { "id": "norm-75423", "citation": "Acuerdo 235", "section": "norms", "doc_type": "agreement", "title_en": "Amendment of first-maturity sizes — INCOPESCA Agreement AJDIP/235-2013", "title_es": "Reforma de tallas de primera madurez — INCOPESCA Acuerdo AJDIP/235-2013", "summary_en": "This agreement by the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) amends the sole transitory provision of Agreement AJDIP/105-2013, which had established first-maturity sizes for commercially important marine species. The amendment addresses the original provision's impossibility of enforcement, as it set an automatic entry into force three months after publication without technical studies to validate those sizes. The new transitory provision conditions the applicability of the management measures upon completion of validation studies, with a maximum timeframe of 18 months for most species and 24 months for shark resources, and specifies that the sizes will take effect three months after such studies are concluded. The rationale is the need to prevent the collapse of the commercial and sport fishing sectors by aligning the regulation with socio-economic realities and technical-scientific criteria.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/06/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75423.json", "html_url": "/legal/doc/norm-75423", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75423&strTipM=TC&nValor3=0" }, { "id": "norm-75456", "citation": "Tratados Internacionales 9143", "section": "norms", "doc_type": "treaty", "title_en": "International Tropical Timber Agreement, 2006", "title_es": "Convenio Internacional de las Maderas Tropicales, 2006", "summary_en": "This multilateral treaty, adopted in Geneva in 2006 and acceded to by Costa Rica through Law 9143, aims to promote the expansion and diversification of international trade in tropical timber from sustainably managed and legally harvested forests. The agreement establishes the institutional framework of the International Tropical Timber Organization (ITTO), including its Council, committees, and funding mechanisms such as the Administrative Account, Special Account, and Bali Partnership Fund. It details the distribution of votes among producer and consumer members, decision-making procedures, and members' obligations regarding the submission of statistics and reports on sustainable forest management. It seeks to foster international cooperation, enhance market transparency, and increase the capacity of developing producer countries. The agreement is the successor to the 1994 Agreement and entered into force definitively for Costa Rica on November 1, 2013.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "11/06/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75456.json", "html_url": "/legal/doc/norm-75456", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75456&strTipM=TC&nValor3=0" }, { "id": "norm-75480", "citation": "Directriz 003", "section": "norms", "doc_type": "directive", "title_en": "Implementation of the Official Individual Bovine and Buffalo Identification and Traceability System", "title_es": "Implementación del Sistema Oficial de Identificación y Rastreabilidad Individual del Ganado Bovino y Bufalino", "summary_en": "Directive SENASA-DG-D003-2013, issued by the National Animal Health Service (SENASA) of Costa Rica, establishes the Official Individual Bovine and Buffalo Identification and Traceability System (SIRIGABB). Initially voluntary, the system provides unique identification of each animal using an official device with a visual ear tag and an RFID transponder. The directive outlines the system's components: establishment registry, individual animal identification and registration, movement and event records, and an information management system. It defines traceability statuses (from birth, from a certain date, non-traceable) and allows certification of compliant establishments. It also regulates the accreditation of suppliers and distributors of official identification devices and sets user obligations. Non-compliance may result in administrative sanctions under the SENASA General Law (No. 8495). The directive is grounded in SENASA's legal authority to implement animal traceability systems for food safety and market access.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75480.json", "html_url": "/legal/doc/norm-75480", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75480&strTipM=TC&nValor3=0" }, { "id": "norm-75502", "citation": "Decreto 37847", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Soil Guideline Values Regulation", "title_es": "Reforma al Reglamento sobre Valores Guía en Suelos", "summary_en": "This decree amends Executive Decree No. 37757-S of 2013, which establishes guideline values for soil decontamination at sites affected by environmental emergencies and spills. The main reforms specify the legal basis to harmonize competencies between the Ministry of Health and the Ministry of Agriculture and Livestock. Key definitions such as 'risk analysis', 'reportable spill', and 'contaminated site' are updated, incorporating risk criteria for human health and the environment. Whereas 6 and the definition of 'agricultural activity' are repealed to clarify that the regulation does not overlap with MAG's competencies in agricultural matters. Additionally, Article 8 is amended to provide that when prevention values are exceeded, the Ministry of Health shall classify the area as probably contaminated and order a 12-month monitoring plan, thereby protecting public health and the environment in accordance with the General Health Law, the Environmental Organic Law, and the Stockholm Convention on Persistent Organic Pollutants.", "primary_topic_id": null, "topic_ids": [], "date": "11/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75502.json", "html_url": "/legal/doc/norm-75502", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75502&strTipM=TC&nValor3=0" }, { "id": "norm-75530", "citation": "Acuerdo 306", "section": "norms", "doc_type": "agreement", "title_en": "Declaration of Tourist and Non-Tourist Suitability for the Osa Coastal Zone", "title_es": "Declaratoria de aptitud turística y no turística en ZMT de Osa", "summary_en": "This agreement by the Board of Directors of the Costa Rican Tourism Institute (ICT), adopted in 2013, updates and unifies the declarations of tourist and non-tourist suitability for the Maritime-Terrestrial Zone (ZMT) in the canton of Osa, along the southern Pacific coast. It delineates, using CRTM05 coordinates, sectors deemed suitable for tourism (from Río Barú to Playa Coronado, Playa Violín to San Pedrillo, and the town of Sierpe) and sectors declared non-tourist: areas adjacent to mangroves and the Río Grande de Térraba estuary due to agricultural-livestock use, and the inner Gulf Dulce segments bordering the Golfo Dulce Forest Reserve due to development limitations. It expressly excludes lands that the Osa Conservation Area may classify in the future as State Natural Heritage (PNE) and areas affected by Articles 6 and 73 of the ZMT Law. It also repeals all previous declarations for Osa and orders publication in the official gazette.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "09/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75530.json", "html_url": "/legal/doc/norm-75530", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75530&strTipM=TC&nValor3=0" }, { "id": "norm-75556", "citation": "Decreto 37827", "section": "norms", "doc_type": "executive_decree", "title_en": "National Wild Feline Day", "title_es": "Día Nacional del Felino Silvestre", "summary_en": "Executive Decree No. 37827-MINAE, issued by the President of the Republic and the Minister of Environment and Energy, declares July 4 of each year as the \"National Wild Feline Day\". The norm is based on the Wildlife Conservation Law (No. 7317), the Biodiversity Law (No. 7788), and the reform to the Wildlife Conservation Law (No. 9106). The recitals highlight that the six wild feline species present in Costa Rica —jaguar, puma, ocelot, margay, jaguarundi, and oncilla— are in danger of extinction, and that their conservation is vital for ecological processes and ecosystem balance. The decree aims to raise public awareness and promote support from the government, NGOs, academia, civil society, and private enterprise for the preservation of these species and their habitat. It establishes that commemorative acts will be held each July 4, coordinated by the Wildlife Directorate of the National System of Conservation Areas (SINAC). It takes effect upon publication in La Gaceta.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788" ], "date": "03/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75556.json", "html_url": "/legal/doc/norm-75556", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75556&strTipM=TC&nValor3=0" }, { "id": "norm-75558", "citation": "Decreto 37864", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for Mansión District, Nicoya", "title_es": "Declaración de zona catastrada del Distrito Mansión, Nicoya", "summary_en": "Executive Decree 37864-JP declares the cadastral zone for District 02 Mansión, Canton 02 Nicoya, Guanacaste. Following completion of cadastral surveying and resolution of objections, the graphical and alphanumeric data of properties are officially recorded in the Cadastral Map. Future survey plans must comply with technical requirements: use of the National Geodetic Reference Network CR05, CRTM05 coordinates, and specified relative and absolute accuracies. These requirements also apply in areas with 1:1000 or 1:5000 orthophotos even outside the declared zone. The Cadastral Sub-Directorate will determine the technical means for plan submission and verification.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75558.json", "html_url": "/legal/doc/norm-75558", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75558&strTipM=TC&nValor3=0" }, { "id": "norm-75559", "citation": "Decreto 37865", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for Santo Domingo District, Santa Bárbara, Heredia", "title_es": "Declaratoria de zona catastrada del Distrito Santo Domingo de Santa Bárbara, Heredia", "summary_en": "This executive decree declares cadastral zone for District 05 Santo Domingo, Canton 04 Santa Bárbara, Heredia Province, in accordance with National Cadastre Law No. 6545. The declaration follows the completion of cadastral surveys in the district, public display of results, and resolution of owner objections. Henceforth, official property data in this district consists of graphic and alphanumeric information from the officialized Cadastral Map in the Real Estate Registry databases. The decree sets the technical requirements for survey plans in this area, including mandatory use of the official CRTM05 coordinate system, methods for linking to the National Coordinate Network, and specifications for relative and absolute accuracy based on mapping scale (1:1000 or 1:5000). It also addresses transition zones between scales and the procedure for geometric verification by the Cadastre Subdirectorate. The same accuracy standards apply to any area of the country with orthophotos at those scales, even outside declared cadastral zones.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75559.json", "html_url": "/legal/doc/norm-75559", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75559&strTipM=TC&nValor3=0" }, { "id": "norm-75560", "citation": "Decreto 37866", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for San Joaquín, Barrantes and Llorente, Flores, Heredia", "title_es": "Declaratoria de zona catastrada para San Joaquín, Barrantes y Llorente de Flores, Heredia", "summary_en": "This decree declares districts 01 San Joaquín, 02 Barrantes, and 03 Llorente of the canton of Flores, province of Heredia, as a cadastral zone. It formalizes the cadastral data for these districts, meaning that the official Cadastral Map and the databases of the Real Estate Registry now constitute the official description of properties. It sets forth the technical requirements that survey plans must meet in these areas, including the use of the official coordinate system CRTM05, specification of the obtained relative and absolute accuracy, and compliance with the Process Manual for harmonizing cadastral and registry information. The rule also details procedures for transition areas between mapping scales, and provides that the same accuracy standards apply in zones with orthophotos, even if outside the declared cadastral zone. The decree was issued after the completion of cadastral surveys, the holding of a public exhibition, and the resolution of objections, in accordance with the National Cadastre Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75560.json", "html_url": "/legal/doc/norm-75560", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75560&strTipM=TC&nValor3=0" }, { "id": "norm-75561", "citation": "Decreto 37878", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for La Ribera and La Asunción of Belén", "title_es": "Declaratoria de zona catastrada para La Ribera y La Asunción de Belén", "summary_en": "This executive decree declares the districts of La Ribera and La Asunción in the canton of Belén, Heredia province, as cadastral zones after completing the cadastral survey and resolving property owners' claims. It establishes that official property descriptions will derive from the official Cadastral Map data and specifies technical requirements for survey plans in these areas, including the mandatory use of the official coordinate system CR05/CRTM05, linkage methods to the geodetic network, and accuracy standards depending on mapping scale (1:1000 or 1:5000). It also details procedures for transitional areas and plan submissions, while extending these technical requirements to other areas of the country that have orthophotos, even if not formally declared cadastral zones. The decree essentially formalizes the cadastre in those districts and sets standards for real property registration documentation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75561.json", "html_url": "/legal/doc/norm-75561", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75561&strTipM=TC&nValor3=0" }, { "id": "norm-75573", "citation": "Acuerdo 073", "section": "norms", "doc_type": "agreement", "title_en": "Establishes the Institutional Environmental Management Program (PGAI) Commission within the Presidency", "title_es": "Constituye Comisión del Programa de Gestión Ambiental Institucional (PGAI) en la Presidencia", "summary_en": "Through Agreement 073-MP, the Presidency of the Republic and the Ministry of the Presidency establish the Institutional Environmental Management Program (PGAI) Commission for their own offices, in compliance with Executive Decree No. 36499-S-MINAET. This regulation requires all Costa Rican public-sector institutions to implement a PGAI that incorporates energy-saving measures, waste management, sustainable procurement, and continuous improvement of environmental performance. The agreement appoints the commission members—the directors of Human Resources, General Services, Procurement, and Transportation, plus the Occupational Health officer—with the first serving as coordinator. Its role is to facilitate the PGAI's execution and carry out the tasks set forth in Article 8 of said decree. The norm reaffirms the institutional commitment to the right to a healthy and ecologically balanced environment, aligning with the principles of the Organic Environmental Law and legislation on climate change and rational energy use.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "09/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75573.json", "html_url": "/legal/doc/norm-75573", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75573&strTipM=TC&nValor3=0" }, { "id": "norm-75577", "citation": "Reglamento municipal 167", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Tilarán Construction Permit Regulation", "title_es": "Reglamento para la Obtención de Permiso de Construcción de Tilarán", "summary_en": "This 2013 municipal regulation (Session No. 167) establishes requirements and procedures for obtaining construction permits in the canton of Tilarán. It covers all types of works, from single-family homes and minor renovations to subdivisions, condominiums, and earthworks. Key environmental provisions include: requiring an environmental viability study from SETENA for projects larger than 500 m² and demolitions larger than 500 m²; protecting water springs with a minimum 100-meter radius per the Forestry Law; establishing 10-meter setback zones along rivers and streams in both urban and rural areas, with no construction allowed in water protection zones. It also regulates earth movements exceeding 70 m³, slope stabilization, debris management, and restoration with native species. The regulation empowers the municipality to enforce compliance, impose sanctions such as fines, closures, and demolitions for unlicensed construction, and sets a 15-business-day resolution deadline for permits.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "11/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75577.json", "html_url": "/legal/doc/norm-75577", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75577&strTipM=TC&nValor3=0" }, { "id": "norm-75582", "citation": "Decreto 37838", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the Board of Directors of Manuel Antonio National Park", "title_es": "Reglamento de la Junta Directiva del Parque Nacional Manuel Antonio", "summary_en": "This executive decree regulates Law No. 8133, which amended Law No. 5100 to create the Board of Directors of Manuel Antonio National Recreational Park (now Manuel Antonio National Park). It establishes the composition, functions, organization and operation of this deconcentrated body within MINAE, as well as the park's financing mechanisms. It details the Board's membership (seven principal and alternate members from MINAE, Aguirre Municipality, local organizations and the Chamber of Commerce), appointment procedures, grounds for removal, and rules for meetings and decision-making. It regulates trusts with state banks to manage entrance fee revenues, allocating 50% to purchase private lands within the park and the remaining 50% to SINAC for national conservation. It also governs receipt of donations, budget preparation, and interinstitutional coordination, emphasizing the public nature of funds and oversight by the Comptroller General. It was repealed in 2025 by the Regulation to Law No. 9885.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75582.json", "html_url": "/legal/doc/norm-75582", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75582&strTipM=TC&nValor3=0" }, { "id": "norm-75611", "citation": "Decreto 37746", "section": "norms", "doc_type": "executive_decree", "title_en": "National Convenience Declaration Santa Rita-Cóbano Power Line", "title_es": "Declaratoria de Conveniencia Nacional Proyecto Santa Rita-Cóbano", "summary_en": "Executive Decree No. 37746-MINAE declares the Santa Rita-Cóbano Electrical Transmission Project and its associated substations to be of national convenience and public interest. This declaration permits, in accordance with Articles 19(b) and 34 of Forestry Law No. 7575, the cutting, pruning, or removal of trees of any species, including protected or endangered species, located in protection areas (Art. 33 Forestry Law) and on forested lands required for the construction, operation, and maintenance of the project. The Costa Rican Electricity Institute (ICE) must minimize cutting, obtain forestry permits from SINAC, implement the Environmental Management Plan approved by SETENA, and, as compensation, carry out reforestation or natural regeneration plans. Usable timber will be transferred to the Ministry of Public Education. Trees located on State Natural Heritage lands are excluded from cutting.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "10/05/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75611.json", "html_url": "/legal/doc/norm-75611", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75611&strTipM=TC&nValor3=0" }, { "id": "norm-75626", "citation": "Decreto 37460", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the National Onion Commission", "title_es": "Creación de la Comisión Nacional de Cebolla", "summary_en": "Executive Decree 37460 of November 28, 2012, establishes the National Onion Commission as an inter-institutional coordination body under the Ministry of Agriculture and Livestock. Its purpose is to coordinate public and private efforts to promote the comprehensive development of the Costa Rican onion sub-sector, covering production, marketing, research, and technology transfer. The Commission is composed of representatives from the public sector (MAG, CNP, INTA) and the private sector (producers, industrialists, traders), and has advisory, situational analysis, and policy proposal functions. The decree defines its structure, functions, and operating framework, without allocating additional budgetary resources. It is a strictly agricultural and economic norm, with no relation whatsoever to environmental regulation, land use, natural resource conservation, or ecosystem protection.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-75626.json", "html_url": "/legal/doc/norm-75626", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75626&strTipM=TC&nValor3=0" }, { "id": "norm-75627", "citation": "Decreto 37461", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the National Potato Commission", "title_es": "Creación de la Comisión Nacional de Papa", "summary_en": "This executive decree, signed by the President of the Republic and the Minister of Agriculture and Livestock, establishes the National Potato Commission as a technical advisory body to the Ministry of Agriculture and Livestock (MAG). The Commission aims to analyze and propose policies, plans, and procedures to enhance the competitiveness of the national potato sector, considering its sustainability. Its functions include managing projects before institutions of the Agri-food Sector, recommending improvements to the Vice-Minister's Office, and proposing the issuance, amendment, or repeal of regulations related to potato farming. The Commission comprises representatives from MAG, the National Production Council, the State Phytosanitary Service, the National Seed Office, INTA, the University of Costa Rica, regional agencies, and various potato producer organizations. It will hold ordinary sessions once a month and be coordinated by the Vice-Minister of Agriculture and Livestock.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/2012", "year": "2012", "json_url": "/data/legal/docs/norm-75627.json", "html_url": "/legal/doc/norm-75627", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75627&strTipM=TC&nValor3=0" }, { "id": "norm-75646", "citation": "Decreto 37882", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Maritime Zone Regulation", "title_es": "Reforma al Reglamento de la Zona Marítimo Terrestre", "summary_en": "Executive Decree No. 37882 partially amends the Regulation to the Maritime Zone Law (Decree No. 7841). Amended articles 49 and 52, and a new transitional provision are added. Article 49 sets new annual concession fee ranges based on land use: agricultural (up to 2%), residential (up to 3%), tourism or recreational (up to 4%), and commercial, industrial, mining or extractive (up to 5%), all with a minimum of 0.25% of appraised value. Article 52 allows municipalities to reduce the fee to 0.25% for low-income permanent residents. Article 65 is also amended to set minimum and maximum lot sizes for single-family residential use in tourism zones (200 m² up to 4,000 m²). The sole transitional provision states that until municipalities issue the new technical regulations referenced in Article 49, the fees prior to this amendment will apply. The decree aims to modernize the regulatory framework, enhance municipal administration, and promote sustainable coastal tourism development.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75646.json", "html_url": "/legal/doc/norm-75646", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75646&strTipM=TC&nValor3=0" }, { "id": "norm-75681", "citation": "Reglamento municipal 48", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Definition of the term of validity of Transitory 1 of the Belén Regulatory Plan", "title_es": "Definición del plazo de vigencia del Transitorio 1 del Plan Regulador de Belén", "summary_en": "The Municipal Council of Belén, in compliance with Constitutional Court Ruling 10176-2011, which annulled the phrase 'for the necessary time' from Transitory 1 for unconstitutionality, held a public hearing, received inquiries, and set the validity term of said transitory. Transitory 1 immediately suspended the granting of water availability and construction permits for residential, commercial, and industrial development projects in condominiums and subdivisions. After reviewing eight written inquiries and objections, and with the approval of the National Housing and Urban Planning Institute (INVU), the new deadline was set for December 31, 2013, the date planned to update and implement the new Regulatory Plan for the canton. Objections alleging violation of constitutional rights were dismissed, as the Constitutional Court had already thoroughly discussed the merits and ordered the Municipality to set a defined term.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/08/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75681.json", "html_url": "/legal/doc/norm-75681", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75681&strTipM=TC&nValor3=0" }, { "id": "norm-75696", "citation": "Decreto 37899", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Law on Promotion of Competition and Effective Consumer Defense", "title_es": "Reglamento a la Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor", "summary_en": "This executive decree comprehensively regulates the Law on Promotion of Competition and Effective Consumer Defense (Law No. 7472), establishing rules for its interpretation and application. It includes provisions on deregulation, streamlining of procedures, positive silence, price regulation in exceptional situations, and promotion of competition. Regarding consumer protection, it details fundamental rights, merchant duties, the duty to inform, warranties, advertising, product recalls, door-to-door sales and the right of withdrawal, and the regulation of public events. Additionally, it sets forth the administrative procedure before the National Consumer Commission (CNC), including conciliation, precautionary measures, sanctions, and their enforcement. The norm also contains provisions common to the Commission for the Promotion of Competition (COPROCOM) and the CNC, such as sessions, substitutions, and piercing the corporate veil. This is an extensive regulation that seeks to balance business freedom with effective consumer protection, in compliance with the principles of Law No. 7472.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75696.json", "html_url": "/legal/doc/norm-75696", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75696&strTipM=TC&nValor3=0" }, { "id": "norm-75707", "citation": "Decreto 37919", "section": "norms", "doc_type": "executive_decree", "title_en": "Ratification of the Amendment to Article XXI of CITES", "title_es": "Ratificación de la Enmienda al Artículo XXI de CITES", "summary_en": "This executive decree formalizes Costa Rica's ratification of the Amendment to Article XXI of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), adopted in Gaborone, Botswana, on April 30, 1983. The amendment was previously approved by the Legislative Assembly through Law No. 9154 of July 3, 2013. The decree, signed by the President of the Republic and the Minister of Foreign Affairs, complies with the constitutional procedure for the ratification of international treaties. It provides that the instrument of ratification shall be deposited with the Government of Switzerland, in accordance with Articles XVII and XX of the Convention. The norm enters into force as of its date of issuance, August 26, 2013, thus consolidating the country's commitment to the international regime for the protection of endangered species and the regulation of their trade.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "26/08/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75707.json", "html_url": "/legal/doc/norm-75707", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75707&strTipM=TC&nValor3=0" }, { "id": "norm-75708", "citation": "Ley 9167", "section": "norms", "doc_type": "law", "title_en": "Approval of the Guarantee Contract with the IDB for the Drinking Water and Sanitation Program", "title_es": "Aprobación del Contrato de Garantía con el BID para el Programa de Agua Potable y Saneamiento", "summary_en": "Law No. 9167 approves the sovereign guarantee contract granted by the Government of Costa Rica for Loan No. 2493/OC-CR, signed between the Costa Rican Institute of Aqueducts and Sewers (AyA) and the Inter-American Development Bank (IDB), for an amount of up to US$73 million to finance the Drinking Water and Sanitation Program. The law incorporates the full text of the guarantee contract, the loan contract, and their annexes as an integral part of the law. Additionally, the law establishes complementary operational provisions: it authorizes AyA to hire personnel and acquire equipment for the implementation unit, allows use of AyA’s own resources subject to reimbursement, exempts program acquisitions from ordinary administrative contracting procedures – with supplementary application of constitutional principles and prohibitions –, and exempts documents, goods, and services required for execution from taxes, duties, and fees. It also imposes semi-annual accountability obligations before the Public Income and Expenditure Control Commission and the Comptroller General, and prohibits remunerated participation of negotiators in the executing body, with exception for public servants acting in their regular roles.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "_off-topic" ], "date": "17/09/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75708.json", "html_url": "/legal/doc/norm-75708", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75708&strTipM=TC&nValor3=0" }, { "id": "norm-75709", "citation": "Ley 9167-A", "section": "norms", "doc_type": "law", "title_en": "Approval of Guarantee Agreement for IDB Loan 2493/OC-CR to AyA", "title_es": "Aprobación del Contrato de Garantía para el Préstamo BID 2493/OC-CR al AyA", "summary_en": "The Legislative Assembly approved through this law the sovereign guarantee agreement between the Government of Costa Rica and the Inter-American Development Bank (IDB) to back IDB Loan 2493/OC-CR granted to the Costa Rican Institute of Aqueducts and Sewers (AyA). The loan, for up to US$73 million, is intended to finance the Potable Water and Sanitation Program. This program aims to improve environmental conditions and promote health by expanding and rehabilitating drinking water and sanitation services in rural, peri-urban, and urban areas, including the María Aguilar and Tiribí river basins. The law incorporates as annexes the full texts of the guarantee agreement and the loan contract with their financial conditions, environmental and social requirements, and procurement procedures.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "_off-topic" ], "date": "17/09/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75709.json", "html_url": "/legal/doc/norm-75709", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75709&strTipM=TC&nValor3=0" }, { "id": "norm-75714", "citation": "Reglamento municipal 34", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Integrated Solid Waste Management Regulation — Colorado de Abangares", "title_es": "Reglamento de Gestión Integral de Residuos Sólidos de Colorado de Abangares", "summary_en": "This Regulation establishes provisions for integrated solid waste management in the District of Colorado de Abangares, Guanacaste. It governs source separation, selective collection, temporary storage, transport, recovery centers, and final disposal of ordinary, non-hazardous, and special waste. It imposes obligations on generators, waste managers, and the Municipal Administration, including implementation of a District Integrated Waste Management Plan. Differentiated fees are set with incentives for separation and social programs. Offenses are classified as minor, serious, and very serious, with fines of up to 200 base salaries. Burning, burying, or dumping waste in unauthorized sites is prohibited; final disposal must occur in sanitary landfills authorized by the Ministry of Health. The Environmental Management Department is the enforcement body, with authority to coordinate actions, receive complaints, and penalize violations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/08/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75714.json", "html_url": "/legal/doc/norm-75714", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75714&strTipM=TC&nValor3=0" }, { "id": "norm-75738", "citation": "Decreto 623", "section": "norms", "doc_type": "regulation", "title_en": "SENARA Internal Audit Regulation", "title_es": "Reglamento de la Auditoría Interna del SENARA", "summary_en": "This regulation establishes the organization, operation, and powers of the Internal Audit Office of the National Groundwater, Irrigation, and Drainage Service (SENARA), in compliance with the General Law on Internal Control No. 8292 and guidelines issued by the Comptroller General. It defines internal audit concepts, its powers, services (audit and preventive), the process for communicating results, handling complaints, and monitoring recommendations. It regulates the duties of the Internal Auditor, including appointment, requirements, obligations, and participation in Board meetings. It details personnel management, resources, coordination relationships, and liability for non-compliance. It replaced the previous 2007 regulation and was approved by the Board of Directors through Agreement 4501 of January 28, 2013, with prior approval from the Comptroller General.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/01/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75738.json", "html_url": "/legal/doc/norm-75738", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75738&strTipM=TC&nValor3=0" }, { "id": "norm-75739", "citation": "Decreto 633", "section": "norms", "doc_type": "regulation", "title_en": "Regulation for the Operation and Organization of the Central Institutional Archive of SENARA", "title_es": "Reglamento de Funcionamiento y Organización del Archivo Central Institucional de SENARA", "summary_en": "This regulation establishes the structure, functions and procedures of the Central Archive of the National Groundwater, Irrigation and Drainage Service (SENARA), created under Law 7202 of the National Archives System. It defines the types of archives (management, central and historical), basic archival concepts, and staff responsibilities for document preservation and handling. It regulates the creation of retention schedules, prohibiting the destruction of documents without complying with regulations, and establishes the organization of documentary fonds respecting the principle of provenance and original order. Additionally, it assigns the Central Archive the function of coordinating management archives, appraising documentary series and issuing guidelines for the institutional archive system, under the hierarchy of the General Management of SENARA.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/06/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75739.json", "html_url": "/legal/doc/norm-75739", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75739&strTipM=TC&nValor3=0" }, { "id": "norm-75750", "citation": "Decreto 37913", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Interest Declaration of the Whale Festival", "title_es": "Declaratoria de Interés Público del Festival de las Ballenas", "summary_en": "Executive Decree No. 37913-MEIC-TUR, issued by the Presidency, the Ministry of Economy, Industry and Commerce (MEIC), and the Costa Rican Tourism Institute (ICT), declares the 'Whale Festival' event, held on the first and second weekends of September each year in the Brunca Region, to be of public and national interest. The decree is based on the importance of promoting economic and social development through job creation and the growth of tourism SMEs in the region, within the framework of the Brunca Region Competitiveness Council and the regional Competitiveness Agenda. It authorizes multisectoral entities to contribute economic, human, and material resources to the festival, recognizing its added value for tourism and business development based on the region's natural wealth. The decree does not establish specific environmental regulations; it is solely a declaration of interest for institutional support purposes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/09/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75750.json", "html_url": "/legal/doc/norm-75750", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75750&strTipM=TC&nValor3=0" }, { "id": "norm-75752", "citation": "Decreto 37918", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Bovine Cattle Control Law", "title_es": "Reglamento a la Ley de Control de Ganado Bovino", "summary_en": "This executive decree implements Law No. 8799 by establishing procedures and responsibilities for controlling the movement, transport, trade, and prevention of theft of bovine cattle, products, and by-products in Costa Rica. It defines the roles of MAG, SENASA, police authorities, and commercial establishments. It creates a system of official movement permits, individual identification, branding, checkpoints, and a sanctions regime. It regulates transport, reception at auctions and slaughterhouses, and the duties of carriers and intake personnel. It imposes obligations to verify, keep custody, and report irregularities, including urgent welfare measures and powers of retention and administrative deposit. The regulation aims to prevent cattle rustling and contraband through traceability and inter-agency coordination.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75752.json", "html_url": "/legal/doc/norm-75752", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75752&strTipM=TC&nValor3=0" }, { "id": "norm-75785", "citation": "Reglamento municipal 33", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to the Peñón de Ario Coastal Regulatory Plan, El Peñón Ario sector, Cóbano", "title_es": "Reforma del Plan Regulador del Peñón de Ario, sector costero El Peñón Ario de Cóbano", "summary_en": "This agreement by the Cóbano District Municipal Council approves a partial amendment to the coastal regulatory plan of the El Peñón de Ario sector, specifically between boundary markers 122 and 123. The amendment corrects a graphical error in the delimitation of the maritime terrestrial zone (ZMT) and updates the land-use map, changing a basic services zone to a commercial zone. The Maritime Terrestrial Zone Commission recommended approval after finding that the error in projecting the boundary between the restricted zone and private property prevented the continuation of concession procedures in the affected area. The modification complies with Article 13 of the Manual for the Preparation of Coastal Regulatory Plans and was endorsed by the ICT Board of Directors in session No. 5785 on February 5, 2013. The agreement orders the publication of the new map in La Gaceta along with the council agreement. The appended tables detail changes in land areas by zone.", "primary_topic_id": null, "topic_ids": [], "date": "27/08/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75785.json", "html_url": "/legal/doc/norm-75785", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75785&strTipM=TC&nValor3=0" }, { "id": "norm-75820", "citation": "Decreto 37929", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of CONAGEBIO members", "title_es": "Nombramiento de miembros de CONAGEBIO", "summary_en": "This executive decree appoints representatives of the Ministry of Environment and Energy (MINAE) to the National Commission for Biodiversity Management (CONAGEBIO), a body created by Biodiversity Law No. 7788. The decree sets a full three-year appointment term, in accordance with Article 15 of the Biodiversity Law. It also repeals two previous executive decrees on appointments (No. 36090-MINAET and No. 36113-MINAET). The specific appointments in Articles 1 and 2 were later repealed by decrees in 2014 (No. 38523 and No. 38792), so the regulation currently does not designate any individual. The decree reflects the Executive Branch's authority to constitute the Commission but contains no substantive provisions on biodiversity or environmental management, being limited to an administrative act of personnel designation.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "_off-topic" ], "date": "03/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75820.json", "html_url": "/legal/doc/norm-75820", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75820&strTipM=TC&nValor3=0" }, { "id": "norm-75821", "citation": "Decreto 37822", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Hybrid-Electric Vehicles Decree", "title_es": "Reforma al Decreto de Vehículos Híbrido-Eléctricos", "summary_en": "This executive decree amends Decree No. 33096-H-MINAE-MOPT, which originally provided incentives for the use of hybrid-electric vehicles through a reduction in the selective consumption tax. The amendment modifies Article 4 to clarify that the twenty-percentage-point reduction in this tax applies to new hybrid-electric vehicles under tariff headings 8703 and 8704, provided the importer submits a certification from the Ministry of Environment and Energy (MINAE) confirming compliance with technical specifications. Additionally, three new articles (9, 10, and 11) are added, urging public entities, including those within the Environment and Energy Sector, to develop infrastructure for the recharging and maintenance of electric, hybrid, natural gas, and liquefied petroleum gas vehicles; higher education institutions and technical training centers to incorporate specialized professional training on these technologies into their curricula; and all public institutions to consider acquiring alternative-energy vehicles when renewing their fleets. The amendment is grounded in the constitutional mandate to guarantee a healthy environment, international commitments such as the Kyoto Protocol, and the goal of carbon neutrality by 2021, recognizing the need to expand incentives given the limited demand for hybrid vehicles observed during the implementation of the original decree.", "primary_topic_id": null, "topic_ids": [], "date": "17/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75821.json", "html_url": "/legal/doc/norm-75821", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75821&strTipM=TC&nValor3=0" }, { "id": "norm-75823", "citation": "Acuerdo 0 (Colegio de Ingenieros Agrónomos de Costa Rica, 28/09/2013)", "section": "norms", "doc_type": "agreement", "title_en": "Increase in membership and agricultural/forestry supervision fees", "title_es": "Aumento de cuotas colegiatura y regencias agropecuarias y forestales", "summary_en": "This agreement of the Colegio de Ingenieros Agrónomos de Costa Rica, adopted at the extraordinary general assembly on September 28, 2013, approves the 2013-2014 budget and sets new amounts for the ordinary membership fee (¢9,500 monthly), the monthly fees for agricultural and livestock supervision (categories A and B increased, categories C-H set at ¢10,000), and the fees for registration of forestry supervision forms. The update of the latter is linked to the variation in the professional hour rate under Decree No. 37736-MAG. It contains no substantive provisions on environmental management, but rather regulates internal financial aspects of the professional guild. Therefore, it lacks direct relevance to Costa Rican environmental law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/09/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75823.json", "html_url": "/legal/doc/norm-75823", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75823&strTipM=TC&nValor3=0" }, { "id": "norm-75878", "citation": "Decreto 37972", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the granting of operating certificates", "title_es": "Reglamento para el otorgamiento de certificados de explotación", "summary_en": "Executive Decree No. 37972-MOPT, issued in 2013, establishes the regulatory framework for obtaining operating certificates to provide public air services and related for-profit activities in Costa Rica. The regulation defines that any public air service or aeronautical for-profit activity requires a certificate granted by the Technical Council of Civil Aviation. It details documentary requirements for individual and corporate applicants, including notarial certifications, financial capacity, routes, equipment, and personnel. The procedure involves a pre-application meeting, submission of the application, verification of documentation, publication of a notice in the Official Gazette, and a public hearing. Certificates are granted for up to fifteen years, are renewable, and have the character of a public service concession. The regulation also covers renewals, modifications, cancellations, and the obligation to provide a performance bond for pecuniary obligations. It repeals the previous 1973 decree.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/08/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75878.json", "html_url": "/legal/doc/norm-75878", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75878&strTipM=TC&nValor3=0" }, { "id": "norm-75890", "citation": "Decreto 37997", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to Article 16 of the Regulation to Law No. 6758", "title_es": "Reforma al Artículo 16 del Reglamento a la Ley N° 6758", "summary_en": "This executive decree amends Article 16 of the Regulation to the Law for the Development and Execution of the Golfo de Papagayo Tourism Project, introducing the possibility of partial return of the performance guarantee that concessionaires must provide. The reform establishes that concession awardees must provide a guarantee of 5% of the estimated value of each approved project stage. It defines the obligation to keep the guarantee in force, its possible substitution, and the terms for its partial and final return. The partial return, which may be requested only once after reaching at least 50% progress of works, will be proportional to compliance and requires approval by the Board of Directors after technical analysis. The final return shall not exceed 60 calendar days. The possibility of executing the guarantee in case of breach is maintained. The decree does not modify substantive environmental aspects of the project, but merely adjusts the financial guarantee regime.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/10/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75890.json", "html_url": "/legal/doc/norm-75890", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75890&strTipM=TC&nValor3=0" }, { "id": "norm-7591", "citation": "Ley 7200", "section": "norms", "doc_type": "law", "title_en": "Autonomous or Parallel Electric Generation Law", "title_es": "Ley de Generación Eléctrica Autónoma o Paralela", "summary_en": "Law No. 7200 authorizes private companies and cooperatives to generate electricity from limited-capacity plants (up to 20,000 kW) and sell it to the Costa Rican Electricity Institute (ICE) under a concession regime of up to 20 years. It declares the purchase of electricity from small-scale hydro and non-conventional renewable sources to be of public interest, with domestic capital requirements. For plants of 20,000 kW or more, it requires an environmental impact study approved by the Ministry of Environment and Energy (MINAE), covering minimum content on impacts to flora, fauna, soils, water, and air, along with an environmental compliance guarantee (4% of project value during construction, 1% during operation). ICE may reject applications that interfere with prior projects. The law also permits ICE to purchase energy from hydro, geothermal, wind, and other non-conventional sources in blocks up to 50,000 kW through public bidding, with a 15% cap additional to the system's capacity. It establishes that tariffs are set by the regulatory authority and that contracts require transferring assets to ICE at termination. Includes provisions on national jurisdiction and branches of foreign companies.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "28/09/1990", "year": "1990", "json_url": "/data/legal/docs/norm-7591.json", "html_url": "/legal/doc/norm-7591", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=7591&strTipM=TC&nValor3=0" }, { "id": "norm-75945", "citation": "Decreto 37935", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of Member to the National Commission for Biodiversity Management", "title_es": "Nombra miembro de la Comisión Nacional para la Gestión de la Biodiversidad", "summary_en": "This Executive Decree appoints a representative of the forestry concessionaires' sector as a member of the National Commission for Biodiversity Management (CONAGEBIO), in fulfillment of Article 14 of the Biodiversity Law No. 7788. The norm is an administrative act of individual designation, without general normative content, and has been amended twice, replacing the appointed member in 2013 and 2014. The decree does not establish policies or regulate substantive aspects of biodiversity; its effect is limited to integrating the composition of CONAGEBIO, the body responsible for coordinating policies, strategies, and actions concerning the conservation and sustainable use of biodiversity. The version in effect as of November 6, 2014, reflects the incorporation of the last appointed member, thus ensuring the participation of the forestry sector in the commission.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "29/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-75945.json", "html_url": "/legal/doc/norm-75945", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=75945&strTipM=TC&nValor3=0" }, { "id": "norm-76029", "citation": "Decreto 38024", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the EIA Regulation — Decree 38024", "title_es": "Reforma al Reglamento de EIA — Decreto 38024", "summary_en": "Executive Decree 38024 amends the General Regulation on Environmental Impact Assessment (EIA) Procedures, primarily regarding the function of the Environmental Consultants Registry. It expands the responsibilities and powers of this registry, establishing procedures for the registration, regulation, and monitoring of environmental consultants authorized to prepare environmental assessment documents. The reform aims to strengthen the technical quality, suitability, and transparency of professionals involved in the EIA process before the National Environmental Technical Secretariat (SETENA), thereby improving the reliability of Costa Rica's environmental assessment system. This decree integrates into the regulatory framework of Decree 31849 and its amendments, indirectly affecting SETENA's operations and consultant involvement in projects requiring environmental feasibility.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "19/11/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76029.json", "html_url": "/legal/doc/norm-76029", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76029&strTipM=TC&nValor3=0" }, { "id": "norm-76122", "citation": "Decreto 38020", "section": "norms", "doc_type": "executive_decree", "title_en": "National Convenience Declaration for Orosí Wind Project", "title_es": "Declaratoria de Conveniencia Nacional Proyecto Eólico Orosí", "summary_en": "Through Executive Decree N° 38020-MINAE, the Executive Branch declares of national convenience and public interest the works of the Orosí Wind Project, a 50 MW renewable energy project in Liberia, Guanacaste. The regulation authorizes the company Inversiones Eólicas de Orosí Dos S. A. to cut, prune, or remove trees of any species, including those declared under a ban or endangered, located in protection areas under Article 33 of Forestry Law N° 7575, provided they are not on State Natural Heritage lands. This exceptional authorization is based on Articles 19(b) and 34 of that law, which allow lifting the prohibitions on land-use change and forest clearing when a project is declared of national convenience. The decree rests on the Environmental Impact Assessment approved by SETENA (Resolution N° 1198-2013-SETENA) and a cost-benefit study endorsed by the Guanacaste Conservation Area, arguing that the project's social benefits outweigh the socio-environmental costs. The company is obligated to implement mitigation and compensation measures set out in the Environmental Impact Assessment, including reforestation with native species, and to deliver usable timber to the Ministry of Public Education.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554", "wildlife-law-7317" ], "date": "15/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76122.json", "html_url": "/legal/doc/norm-76122", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76122&strTipM=TC&nValor3=0" }, { "id": "norm-76176", "citation": "Decreto 37963", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of the IV Mesoamerican Congress of Protected Areas as of Public and National Interest", "title_es": "Declaratoria del IV Congreso Mesoamericano de Áreas Protegidas como de Interés Público y Nacional", "summary_en": "This Executive Decree No. 37963-MINAE of July 4, 2013 declares the IV Mesoamerican Congress of Protected Areas, held in Costa Rica, to be of public and national interest. Coordinated by the National System of Conservation Areas (SINAC), the congress took place in March 2014 and aimed to strengthen management of protected areas and biodiversity conservation in the Mesoamerican region. The decree instructs institutions of the Environment, Energy, and Seas Sector, as well as other public administration bodies, to provide necessary support and collaboration within their mandates for the event's success. The decree emphasizes the importance of protected areas as fundamental to sustainable development and human well-being. It creates no permanent regulatory obligations; rather, it is a declaration of institutional backing for a specific event with regional conservation impact.", "primary_topic_id": null, "topic_ids": [ "biological-corridors" ], "date": "04/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76176.json", "html_url": "/legal/doc/norm-76176", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76176&strTipM=TC&nValor3=0" }, { "id": "norm-76177", "citation": "Decreto 38008", "section": "norms", "doc_type": "executive_decree", "title_en": "Phytosanitary emergency for Diaspis boisduvalii and Pseudococcus elisae pests", "title_es": "Emergencia fitosanitaria por plagas Diaspis boisduvalii y Pseudococcus elisae", "summary_en": "This Executive Decree declares a national phytosanitary emergency due to the presence of Diaspis boisduvalii and Pseudococcus elisae pests, which severely affect economically important crops such as pineapple, banana, ornamental plants, and others. The State Phytosanitary Service (SFE) of the Ministry of Agriculture and Livestock (MAG) is granted extraordinary powers to establish, by administrative resolution, the necessary phytosanitary measures for the control and eradication of these pests, including quarantines, treatments, and destruction of infected material, all in accordance with the Phytosanitary Protection Law 7664. The declaration has a validity period of 6 months, extendable by resolution of the Minister of Agriculture and Livestock. The norm empowers the SFE to issue technical and operational provisions it deems appropriate, temporarily suspending any conflicting regulations. No additional budget is assigned, stating that the emergency will be addressed with the available resources of the MAG.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/10/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76177.json", "html_url": "/legal/doc/norm-76177", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76177&strTipM=TC&nValor3=0" }, { "id": "norm-76183", "citation": "Acuerdo 008", "section": "norms", "doc_type": "agreement", "title_en": "Integration of the National Technical Commission on Biosafety", "title_es": "Conformación de la Comisión Técnica Nacional de Bioseguridad", "summary_en": "This executive agreement appoints the members of the National Technical Commission on Biosafety (CTNBio) for a two-year term, in accordance with the Regulation to the Phytosanitary Protection Law. The CTNBio serves as an advisory body to the State Phytosanitary Service on matters of biotechnology and genetically modified organisms. The agreement designates representatives from the Ministry of Agriculture (State Phytosanitary Service and National Animal Health Service), Ministry of Science, Technology and Telecommunications, Ministry of Environment and Energy, Ministry of Health, National Seed Office, National Academy of Sciences, Costa Rican Federation for Environmental Conservation, and the Biodiversity Coordination Network. It repeals the previous agreement (001-MAG of 2012) and consolidates in a single act the full integration of the commission for its effective functioning.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/08/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76183.json", "html_url": "/legal/doc/norm-76183", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76183&strTipM=TC&nValor3=0" }, { "id": "norm-76209", "citation": "Decreto 37924", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of the public utility declaration of Asociación Plantar", "title_es": "Derogación de la declaratoria de utilidad pública de la Asociación Plantar", "summary_en": "This executive decree annuls the public utility declaration that covered the Asociación para la Protección de los Recursos Naturales Plantar, granted by Executive Decree No. 32810-J of October 22, 2005. The repeal is based on the power conferred to the Executive Branch by Article 32 of the Law of Associations to revoke such a declaration when the beneficiary entity breaches its obligations. In this case, it was confirmed that the association has not submitted annual progress reports since 2006 up to the issuance of this decree in 2013, nor has it complied with the requirements to request the revocation. Consequently, it orders the previous decree to be annulled and instructs interested parties to formalize and submit the respective certificate to the Associations Registry for registration, effective upon publication in the official gazette La Gaceta. The decree, issued by the President of the Republic and the Minister of Justice and Peace, is based on Articles 140(18) and 146 of the Political Constitution, as well as the Law of Associations and its Regulation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/08/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76209.json", "html_url": "/legal/doc/norm-76209", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76209&strTipM=TC&nValor3=0" }, { "id": "norm-76215", "citation": "Reglamento municipal 71", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Granting Environmental Viability by the Municipality of Pococí", "title_es": "Reglamento para el Otorgamiento de la Viabilidad Ambiental de la Municipalidad de Pococí", "summary_en": "This municipal regulation establishes the process for the Municipality of Pococí to grant environmental viability for activities, works, or projects deemed to have very low environmental impact, as per SETENA's classification. It defines construction thresholds (below 300 m² mandatory; between 300 and 500 m² at the municipality's discretion) and lists situations requiring SETENA's environmental viability, such as location in environmentally fragile areas or aquifer recharge zones. It includes a list of 27 activities exempted from EIA with SETENA (e.g., single-family homes, bakeries, portable sawmills), documentary requirements (sworn declaration, basic environmental information form), and the municipality's authority to request additional information, as well as to reject or suspend viability for non-compliance. It is grounded in national environmental legislation and the Code of Good Environmental Practices.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "30/09/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76215.json", "html_url": "/legal/doc/norm-76215", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76215&strTipM=TC&nValor3=0" }, { "id": "norm-76223", "citation": "Decreto 37900", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Lapa Verde National Wildlife Refuge, Private Category", "title_es": "Creación del Refugio Nacional de Vida Silvestre Lapa Verde, categoría Privada", "summary_en": "This executive decree establishes the Lapa Verde National Wildlife Refuge, private category, on a 509.5-hectare property in Sarapiquí, Heredia. The land, owned by Ecovida Inmobiliaria S.A., contains tropical wet forest and wetlands, hosting rich biodiversity including species classified as vulnerable or critically endangered, such as Minquartia guianensis, Dipteryx panamensis, Hymenolobium mesoamericanum, the great green macaw (Ara ambiguus), and the great curassow (Crax rubra). The refuge aims to conserve natural resources and support research, recreation, ecotourism, and environmental education. Private management is subject to a General Management Plan approved by the National System of Conservation Areas (SINAC). The declaration is valid for five years, renewable by mutual agreement, and is grounded in the Wildlife Conservation Law and the Biodiversity Law.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788" ], "date": "09/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76223.json", "html_url": "/legal/doc/norm-76223", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76223&strTipM=TC&nValor3=0" }, { "id": "norm-76224", "citation": "Decreto 37993", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Riu National Wildlife Refuge", "title_es": "Creación del Refugio Nacional de Vida Silvestre Riu", "summary_en": "This Executive Decree creates the Riu National Wildlife Refuge, private category, on 199.7 hectares of Finca Riu, owned by SF Costa Rica Hotelera de Guanacaste S.A., in Sardinal, Carrillo, Guanacaste. The declaration responds to the landowner's voluntary application to place the property under this protection regime for ten years, automatically renewable. The main objective is to promote the conservation of natural resources through the protection of wild flora and fauna and the maintenance of ecosystem services. The area hosts rich biodiversity: over 140 plant species, 80 bird species, 29 mammal species, and 40 reptile species, including several threatened or endangered species such as mahogany, cristóbal, howler monkey, and boa constrictor. The refuge is located in the Matapalo coastal mountain range and forms part of the Chorotega Biological Corridor. Management corresponds to the owners under SINAC supervision, subject to SINAC legislation and policies and recommendations from the Tempisque Conservation Area.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788", "biological-corridors" ], "date": "01/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76224.json", "html_url": "/legal/doc/norm-76224", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76224&strTipM=TC&nValor3=0" }, { "id": "norm-76231", "citation": "Decreto 37849", "section": "norms", "doc_type": "executive_decree", "title_en": "Río General National Wildlife Refuge", "title_es": "Refugio Nacional de Vida Silvestre Río General", "summary_en": "Executive Decree No. 37849-MINAET establishes the Río General National Wildlife Refuge as a private category over parts of four properties owned by Corporación de Desarrollo Agrícola del Monte (PINDECO-DEL MONTE) in Buenos Aires, Puntarenas, covering a total of 554 hectares. The voluntary submission to the private refuge regime for a renewable ten-year term is based on the Wildlife Conservation Law No. 7317 and its regulations, the Organic Environmental Law No. 7554, the Biodiversity Law No. 7788, and the Forestry Law No. 7575. The areas include uncultivated forest fragments, secondary and riparian forests, and buffer zones of rivers and streams, hosting significant biodiversity. Management, surveillance, and maintenance are the owner's responsibility under the supervision of the La Amistad Pacífico Conservation Area (SINAC), with annual reporting required. The decree prohibits activities that may harm flora and fauna without SINAC authorization and grants the owner the incentives provided by wildlife legislation.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788", "forestry-law-7575", "property-and-titling" ], "date": "05/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76231.json", "html_url": "/legal/doc/norm-76231", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76231&strTipM=TC&nValor3=0" }, { "id": "norm-76234", "citation": "Decreto 37986", "section": "norms", "doc_type": "executive_decree", "title_en": "Executive Summary of the Térraba-Sierpe National Wetland Management Plan", "title_es": "Resumen Ejecutivo del Plan de Manejo del Humedal Nacional Térraba-Sierpe", "summary_en": "Executive Decree 37986-MINAE officially publishes the Executive Summary of the General Management Plan for the Térraba-Sierpe National Wetland (HNTS), approved by the National Council of Conservation Areas. The plan establishes a condition-based zoning system (pristine, semi-natural, social, influence, and buffer zones), specifying conservation objectives, acceptable technologies and frequencies, management controls, and intervention levels for each zone. It includes detailed regulations for boat traffic intensity within the wetland's estuaries and channels. Centered on the conservation of mangrove forests, the Sierpe lagoon, and the tropical wet forest ecosystem, it protects resident and migratory species, ensures connectivity with neighboring protected areas, and promotes sustainable community development. It defines a 500-meter peripheral buffer zone to transition into external human activities, encouraging best environmental practices through incentives. Implementation is the responsibility of the Wetland Management Unit under the supervision of the Osa Conservation Area (ACOSA) and SINAC.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "biological-corridors" ], "date": "09/08/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76234.json", "html_url": "/legal/doc/norm-76234", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76234&strTipM=TC&nValor3=0" }, { "id": "norm-76272", "citation": "Acuerdo 067", "section": "norms", "doc_type": "agreement", "title_en": "Agreement 067 — Commission for the Institutional Environmental Management Program of the Ministry of Finance", "title_es": "Acuerdo 067 — Comisión para el Programa de Gestión Ambiental Institucional del Ministerio de Hacienda", "summary_en": "This agreement creates an internal commission within the Ministry of Finance responsible for developing and implementing the Institutional Environmental Management Program (PGAI), in accordance with Executive Decree 36499-S-MINAET. It establishes the commission's membership from the departments of Institutional Planning, Services, Procurement, and Administrative Management. It details its functions: conducting environmental diagnostics, proposing institutional policies on climate change and waste, drafting the PGAI for the minister's approval, coordinating training, and establishing quantifiable indicators. It regulates ordinary and extraordinary sessions, quorum, simple majority voting, the chair's casting vote in case of a tie, and the possibility of inviting external advisors. The commission will meet at least once a month, and its members will be appointed for one year, with the possibility of extension or renewal.", "primary_topic_id": null, "topic_ids": [], "date": "15/10/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76272.json", "html_url": "/legal/doc/norm-76272", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76272&strTipM=TC&nValor3=0" }, { "id": "norm-76276", "citation": "Reglamento municipal 248", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Oreamuno Solid Waste Tariff Regulation", "title_es": "Reglamento Tarifario de Desechos Sólidos de Oreamuno", "summary_en": "The Oreamuno Solid Waste Tariff Regulation establishes the legal framework for charging for the collection and final disposal of traditional and bulky solid waste in the canton. Adopted by a municipal council agreement in 2013, the regulation classifies taxpayers into categories based on the estimated amount of waste generated per week, applying differentiated rates for households, businesses, industries, and institutions. It defines user duties, including mandatory service, prohibitions on dumping waste on public roads, and proper disposal of special and bulky waste. It also regulates the conditions for tariff category claims. It is based on Article 50 of the Political Constitution (right to a healthy environment) and the Integrated Waste Management Law 8839. The norm was unanimously approved by the Municipal Council, although immediate enforcement under Article 45 of the Municipal Code was rejected, so it comes into force upon publication in La Gaceta.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/04/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76276.json", "html_url": "/legal/doc/norm-76276", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76276&strTipM=TC&nValor3=0" }, { "id": "norm-76379", "citation": "Decreto 38072", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Quality Control of Agricultural Microbiological Pesticides", "title_es": "Reglamento para el Control de Calidad de Plaguicidas Microbiológicos de Uso Agrícola", "summary_en": "This regulation establishes the technical and administrative requirements for the registration, quality control, and oversight of microbiological pesticides for agricultural use in Costa Rica. It defines the procedures that manufacturers, formulators, importers, and distributors must follow to ensure that these products, based on microorganisms such as bacteria, fungi, and viruses, meet efficacy and safety standards. It includes provisions on labeling, storage, transportation, and final disposal of waste, as well as the sampling and laboratory analysis mechanisms under the State Phytosanitary Service. The objective is to regulate the use of biological control agents to minimize risks to human health, animals, and the environment, promoting alternatives to conventional chemical pesticides.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/09/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76379.json", "html_url": "/legal/doc/norm-76379", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76379&strTipM=TC&nValor3=0" }, { "id": "norm-76393", "citation": "Acuerdo 0 (Instituto Nacional de Vivienda y Urbanismo, 31/10/2013)", "section": "norms", "doc_type": "agreement", "title_en": "Requirements for the Review of Coastal and Urban Plans", "title_es": "Requisitos para la Revisión de Planes Costeros y Urbanos", "summary_en": "INVU Agreement 0, issued on October 31, 2013 and effective since January 15, 2014, sets forth the technical and documentary requirements that coastal regulatory plans, urban regulatory plans, and other territorial planning instruments must meet for review and approval by the National Institute of Housing and Urbanism. The norm specifies minimum contents for these plans, including land-use capacity studies, zoning, road infrastructure, and public utilities, aiming to ensure orderly and sustainable urban development. While not an environmental regulation per se, its land-use and zoning provisions have direct implications for territorial management, protection of vulnerable areas, and prevention of land-use conflicts in coastal and urban zones. The agreement seeks to standardize review criteria and ensure that regulatory plans meet necessary technical standards before formal approval, thereby contributing to legal certainty for urban developments.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "31/10/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76393.json", "html_url": "/legal/doc/norm-76393", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76393&strTipM=TC&nValor3=0" }, { "id": "norm-76446", "citation": "Reglamento municipal 0 (Municipalidad de San Carlos, 22/07/2013)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Preparation of Waste Programs by Generators and the Granting of Incentives for Solid Waste Generators in the Canton of San Carlos", "title_es": "Reglamento para la Elaboración de Programas de Residuos por parte de los Generadores y el Otorgamiento de Incentivos para los Generadores de Residuos Sólidos del Cantón de San Carlos", "summary_en": "This municipal regulation for the canton of San Carlos establishes the rules and procedures for solid waste management by generators, both commercial and industrial, within the canton. It defines solid waste and classifies generators into ordinary and special types, imposing the obligation to prepare and implement Integrated Waste Management Programs (PGIR). These programs must include measures for reduction, reuse, recycling, recovery, and proper final disposal of waste. The regulation also details a system of municipal incentives, such as green seals and reductions in waste fees, for generators that demonstrate a commitment to environmental management. The Municipality of San Carlos is the authority responsible for approving the programs, monitoring compliance, and imposing sanctions in case of non-compliance. The regulation aims to promote a culture of environmental responsibility and improve waste management in the canton, in line with national waste legislation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/07/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76446.json", "html_url": "/legal/doc/norm-76446", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76446&strTipM=TC&nValor3=0" }, { "id": "norm-76452", "citation": "Acuerdo 453", "section": "norms", "doc_type": "agreement", "title_en": "Mandatory fish excluder device (fish-eye type) for the shrimp fleet", "title_es": "Dispositivo excluidor de peces ojo de pescado obligatorio para flota camaronera", "summary_en": "This 2013 INCOPESCA agreement mandated the use of a fish excluder device (FED) of the \"fish-eye\" type in all fishing operations by the Costa Rican semi-industrial shrimp trawl fleet, in both coastal and deep waters of the Pacific. The measure was based on a technical report that assessed the device's effectiveness as an environmentally friendly technology, allowing juvenile fish to escape trawl nets without affecting shrimp catch. The agreement provides detailed technical specifications for the device, its placement in the net, and inspection procedures, with enforcement by the Coast Guard Service and INCOPESCA. Violations were subject to penalties under the Fisheries and Aquaculture Law. This rule was repealed in 2017 by a new agreement that reshaped shrimp fishing licenses.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/12/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76452.json", "html_url": "/legal/doc/norm-76452", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76452&strTipM=TC&nValor3=0" }, { "id": "norm-76460", "citation": "Decreto 38053", "section": "norms", "doc_type": "executive_decree", "title_en": "SENARA Maximum Budget Expenditure Increase for 2014", "title_es": "Ampliación del gasto presupuestario máximo de SENARA para 2014", "summary_en": "This Executive Decree increases the maximum budget expenditure of the National Service for Groundwater, Irrigation, and Drainage (SENARA) for fiscal year 2014 by ¢609,357,320.00. The increase is based on a request by SENARA's general management, endorsed by the Ministry of Agriculture and Livestock, to finance land acquisition and compensation payments for resettlement and right-of-way within the Limón Ciudad-Puerto project and other projects of the Integrated Water Resources Management Program (PROGIRH). The funds come from a specific surplus, in accordance with Article 9 of Executive Decree No. 32452-H. An amount of ¢63,500,000.00 is deducted from the increase due to the application of Presidential Directive No. 40-H. The decree establishes that the modified budget is effective upon publication for formulation purposes and from January 1, 2014, for execution, and reiterates SENARA's responsibility to comply with public financing regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/11/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76460.json", "html_url": "/legal/doc/norm-76460", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76460&strTipM=TC&nValor3=0" }, { "id": "norm-76470", "citation": "Reglamento municipal 0 (Municipalidad de Guácimo, 29/01/2014)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the collection of the fee for maintenance of parks, green areas and their respective services in the Canton of Guácimo", "title_es": "Reglamento para el cobro de la tasa sobre mantenimiento de parques, zonas verdes y sus respectivos servicios en el Cantón de Guácimo", "summary_en": "This municipal regulation establishes a fee to be paid by property owners in the Canton of Guácimo for the maintenance of parks and green areas. It defines key concepts such as parks (public green areas with free access), green areas (free areas, gardens, or lots in front of properties), and maintenance (technical activity and financial cost). The fee is calculated based on the actual cost to the Municipality plus a 10% development surcharge, and it is apportioned according to property value. Payment is made quarterly on the outstanding balance, starting in the fourth quarter of 2013. The regulation outlines the collection procedure and how the funds are allocated.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/01/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76470.json", "html_url": "/legal/doc/norm-76470", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76470&strTipM=TC&nValor3=0" }, { "id": "norm-76574", "citation": "Decreto 38071", "section": "norms", "doc_type": "executive_decree", "title_en": "Comprehensive Management Commission for the Grande de Tárcoles River Basin", "title_es": "Comisión de Gestión Integral de la Cuenca del Río Grande de Tárcoles", "summary_en": "This Executive Decree establishes the Comprehensive Management Commission for the Grande de Tárcoles River Basin, an inter-institutional coordination body chaired by MINAE-SINAC. The Commission brings together ministries, municipalities, universities, the private sector, and community organizations to plan, protect, and rehabilitate the basin, which spans 38 cantons and is home to 53% of the national population. Its duties include drafting an integrated management plan, coordinating actions against environmental impacts, securing resources, territorial planning, and fostering environmental education. The decree addresses severe deterioration from unplanned urban growth, pollution, and fragmented governance, relying on constitutional principles of coordination and the right to a healthy environment. The Commission has broad powers to summon actors and must issue its internal regulations within 60 days.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "soil-conservation-7779" ], "date": "28/10/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76574.json", "html_url": "/legal/doc/norm-76574", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76574&strTipM=TC&nValor3=0" }, { "id": "norm-76575", "citation": "Decreto 38081", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Organization and Operation of the Regional Council of the Central Pacific Conservation Area", "title_es": "Reglamento de Organización y Funcionamiento del Consejo Regional del Área de Conservación Pacífico Central", "summary_en": "This executive decree establishes the structure, functions, and procedures of the Regional Council of the Central Pacific Conservation Area (CORAC-ACOPAC). It regulates the democratic election of its members, composed of representatives from government institutions, non-governmental organizations, community organizations, and municipalities, all with voice and vote, except the Comptroller. It details the public call for election, accreditation requirements, the minimum structure of the Council (President, Vice President, Treasurer, Secretary, Board Members, and Comptroller), and the functions of each position. The Director of ACOPAC acts as Executive Secretary with voice and vote. Ordinary and extraordinary sessions, quorum, and grounds for removal of members are defined. It also lists the broad functions of the CORAC, including ensuring policy implementation, approving area strategies and budgets, reviewing management plans for protected areas, and recommending their creation or modification. The previous decree on the same matter is repealed.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "28/10/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76575.json", "html_url": "/legal/doc/norm-76575", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76575&strTipM=TC&nValor3=0" }, { "id": "norm-76585", "citation": "Reglamento municipal 302", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Municipal Regulation of Santo Domingo de Heredia on Law 8839 for Integrated Waste Management", "title_es": "Reglamento Municipal de Santo Domingo de Heredia de la Ley 8839 para la Gestión Integral de Residuos", "summary_en": "This municipal regulation establishes the rules for integrated solid waste management in the canton of Santo Domingo de Heredia, implementing Law 8839. It obligates all generators (individuals or legal entities) to separate, classify, and deliver their waste to the municipal collection system. It defines waste types (biodegradable, recoverable, non-recoverable, bulky, and hazardous) and the handling obligations for each. It regulates ordinary and selective collection services, the operation of recycling centers, and final disposal only in authorized sanitary landfills. It also sets out a sanction regime classified as minor, serious, and very serious, including fines based on the Municipal Code. Furthermore, it promotes environmental education and citizen participation in reporting non-compliance. This is a local planning instrument aimed at achieving service self-financing and reducing health and environmental impacts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/12/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76585.json", "html_url": "/legal/doc/norm-76585", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76585&strTipM=TC&nValor3=0" }, { "id": "norm-76606", "citation": "Decreto 38171", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Concession and Operation of Tourist Marinas and Docks", "title_es": "Reglamento de Concesión y Operación de Marinas y Atracaderos Turísticos", "summary_en": "This executive decree establishes the complete procedure for granting concessions in the maritime terrestrial zone, adjacent areas to coastal cities, and navigable water bodies, for the construction and operation of tourist marinas and docks. It creates the Interinstitutional Commission for Tourist Marinas and Docks (CIMAT) as the technical governing body, attached to the Costa Rican Tourism Institute (ICT), detailing its functions, composition, and procedures. The regulation defines the steps for initial consultation, technical viability, construction plan approval, concession granting, contract execution, operation, and penalties. It incorporates key environmental safeguards such as the exclusion of mangrove areas, national parks, coral ecosystems, and State Natural Heritage lands, and mandates obtaining environmental viability (VLA) from SETENA. It also regulates maritime safety, navigation control, and concessionaire obligations, including the submission of internal regulations and environmental management plans.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575", "property-and-titling" ], "date": "17/10/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76606.json", "html_url": "/legal/doc/norm-76606", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76606&strTipM=TC&nValor3=0" }, { "id": "norm-76642", "citation": "Reglamento municipal 93", "section": "norms", "doc_type": "municipal_regulation", "title_en": "San José Canton Urban Development Regulation", "title_es": "Reglamento de Desarrollo Urbano del Cantón de San José", "summary_en": "This municipal regulation establishes the normative framework for urban development in the San José canton, integrating provisions on land-use zoning, public spaces, mobility, outdoor advertising, and urban planning permits. It incorporates the environmental variable as a core axis, defining environmentally fragile areas (river protection zones, landslide and flood hazard areas) and requiring compliance with national environmental regulations. The regulation aims to realize the constitutional right to a healthy and ecologically balanced environment, mandating municipal permits for any territorial intervention and subjecting all activities, works, or projects to the requirements of SETENA and other environmental authorities. It promotes sustainable urban regeneration, incentivizing the incorporation of criteria such as energy efficiency, water management, tree planting, and design integrated with public space.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "20/01/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76642.json", "html_url": "/legal/doc/norm-76642", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76642&strTipM=TC&nValor3=0" }, { "id": "norm-76643", "citation": "Reglamento municipal 93-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "San José Land Use Zoning Regulation", "title_es": "Reglamento de Zonificación del Uso de la Tierra del Cantón de San José", "summary_en": "The San José Land Use Zoning Regulation, part of the Urban Development Regulations, establishes land classification into residential, commercial, mixed-use, and green or public areas. It defines land use types (conforming, conditioned, non-permitted, non-conforming) and regulates activities through a detailed table of economic activities and their conditions. It incorporates environmental variables such as Environmentally Fragile Areas (AAF), River Protection Areas (APR), and Natural Hazard Areas (ANDI), requiring their prior consultation for urban development procedures. The regulation aims to order urban growth, minimize land-use conflicts, protect vulnerable areas, and ensure a balance between economic development and environmental quality, in compliance with national legislation and SETENA requirements.", "primary_topic_id": null, "topic_ids": [], "date": "20/01/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76643.json", "html_url": "/legal/doc/norm-76643", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76643&strTipM=TC&nValor3=0" }, { "id": "norm-76651", "citation": "Decreto 38014", "section": "norms", "doc_type": "executive_decree", "title_en": "National Marine Policy", "title_es": "Política Nacional del Mar", "summary_en": "Executive Decree No. 38014-MINAE-MAG-SP-MOPT-RE-MIVAH-TUR officially adopts the National Marine Policy 2013-2028 for Costa Rica, establishing a framework for integrated, sustainable, equitable, and participatory management of marine and coastal spaces. The policy addresses institutional fragmentation and ecosystem degradation through an ecosystem-based approach, marine spatial planning, and strengthening of governance via CONAMAR as the national authority. It sets guiding principles such as precautionary, preventive, holistic, and responsible participation. Management is organized into five fronts: governability and governance, human well-being and sustainable use, scientific and cultural knowledge, security and protection, and ecosystem-based conservation. It mandates public institutions to incorporate the policy into their operational plans and budgets. It seeks to consolidate a national ocean vision integrating productive development, biodiversity conservation, and climate change adaptation.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "09/10/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76651.json", "html_url": "/legal/doc/norm-76651", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76651&strTipM=TC&nValor3=0" }, { "id": "norm-76659", "citation": "Ley 9205", "section": "norms", "doc_type": "law", "title_en": "Titling on property owned by Japdeva", "title_es": "Titulación en inmueble propiedad de Japdeva", "summary_en": "Law 9205, a special statute, authorizes possessors of lands within the Limón district farm registered under Japdeva (folio real 96658, right 000) to title their properties through possessory information proceedings. It requires peaceful, public, and uninterrupted possession for at least ten years, in compliance with environmental law. Titling is conditional upon prior delimitation of State natural heritage areas by MINAE. It prohibits changing land use and mandates conservation of landscape, water, and forest lands, subject to approved management plans. Concessions for 25 years are allowed in non-titlable areas under the same environmental restrictions. It disaffects the Japdeva farm, reduces the maritime-terrestrial zone in certain settlements declared of urban interest, and orders creation of the Moín-Tortuguero Wetland Mixed Wildlife Refuge. It amends the Possessory Information Law to permit its use on State lands while protecting public interest and the environment. The Constitutional Chamber annulled the law in 2017.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "23/12/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76659.json", "html_url": "/legal/doc/norm-76659", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76659&strTipM=TC&nValor3=0" }, { "id": "norm-76698", "citation": "Acuerdo 433", "section": "norms", "doc_type": "agreement", "title_en": "Maximum gillnet height in the Gulf of Nicoya", "title_es": "Altura máxima de trasmallo en el Golfo de Nicoya", "summary_en": "INCOPESCA Board Agreement 433 (2013) regulates artisanal gillnet fishing in the Gulf of Nicoya. It limits licensed fishers to gillnets with a maximum height of 50 meshes and 600 meters length, with a mesh size of 3 inches or larger in Zone A. A specific area between Puntarenas and Playa Blanca to the Negritos Islands allows up to 70 meshes in height. The agreement expressly prohibits the use of gillnets for encircling or seining, and reiterates the ban on trawls and unauthorized gear. Violations result in seizure and destruction of gear, with special emphasis on Zones A and B. The measure aims to ensure conservation and effective management of aquatic resources, preventing overexploitation and ecosystem damage. It takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/11/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76698.json", "html_url": "/legal/doc/norm-76698", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76698&strTipM=TC&nValor3=0" }, { "id": "norm-76706", "citation": "Reglamento municipal 280", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Reform to Use and Control Regulations of the Río Loro Municipal Environmental Park", "title_es": "Reforma al Reglamento de Uso y Control del Parque Ambiental Municipal Río Loro", "summary_en": "This reform to the Use and Control Regulations of the Río Loro Municipal Environmental Park (PAM), approved by the Municipality of Cartago, updates the procedures for requesting, processing, and complying with obligations for using the park's facilities. It introduces a new article on the Management Committee and the PAM Administrator, detailing their duties in administrative, budgetary, and maintenance management. It reinforces prohibitions, limiting use exclusively to environmental education, water resource protection, sustainable tourism development, and municipal management, and authorizes the immediate suspension of unauthorized activities. Visiting hours are set from Wednesday to Sunday, 8:00 a.m. to 3:00 p.m., with closure at 4:00 p.m., and a carrying capacity of 80 daily visitors is established based on a study by the Costa Rica Institute of Technology. The reform incorporates payment exemptions for students engaged in community service, volunteering, or professional internships, beneficiaries of municipal environmental and tourism agreements, and municipal officials, under specific conditions. The reform aims to strengthen protection of the water catchment area and promote orderly, sustainable use of the park.", "primary_topic_id": null, "topic_ids": [], "date": "28/01/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76706.json", "html_url": "/legal/doc/norm-76706", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76706&strTipM=TC&nValor3=0" }, { "id": "norm-76741", "citation": "Resolución 329", "section": "norms", "doc_type": "resolution", "title_en": "Tariff Update for Hybrid Electric Vehicles", "title_es": "Actualización arancelaria para vehículos híbridos-eléctricos", "summary_en": "Resolution RES-DGA-329-2013 notifies that the amendments to the texts and rates of the Selective Consumption Tax contained in Executive Decree No. 37822-MINAE-MOPT-H, which grants a twenty-percentage-point reduction in said tax rate to new hybrid electric vehicles under headings 8703 and 8704, provided that the importer submits a MINAE certificate, have been incorporated into the Automated Tariff of the National Customs Service, contained in the TICA computer application. These amendments take effect as of October 29, 2013. Furthermore, customs agencies, customs agents, and other auxiliary public servants are instructed to update the tariff they use.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/10/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76741.json", "html_url": "/legal/doc/norm-76741", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76741&strTipM=TC&nValor3=0" }, { "id": "norm-76754", "citation": "Acuerdo 0 (Instituto Costarricense de Turismo, 04/02/2014)", "section": "norms", "doc_type": "agreement", "title_en": "Land Use Change in Papagayo Gulf Tourism Pole", "title_es": "Cambio de uso de suelo en Polo Turístico Golfo Papagayo", "summary_en": "The Board of Directors of the Costa Rican Tourism Institute authorizes the change of land use for a lot under ICT possession within the Papagayo Gulf Tourism Pole. The lot, identified by Cadastral Plan No. G-1362880-2009, is converted from parking and camping to commercial use. The decision is based on a communication from the Executive Council of the Tourism Pole and a technical opinion from the Project's Executing Office. Additionally, the zoning map of the Project's General Master Plan is authorized to be modified to reflect this change. From an environmental perspective, land use changes in coastal tourism projects can affect sensitive ecosystems and territorial planning.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/02/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76754.json", "html_url": "/legal/doc/norm-76754", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76754&strTipM=TC&nValor3=0" }, { "id": "norm-76764", "citation": "Reglamento municipal 0 (Municipalidad de La Cruz, 21/02/2014)", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the collection of the fee for maintenance of parks and green areas of La Cruz", "title_es": "Reglamento para el cobro de la tasa por mantenimiento de parques y zonas verdes de La Cruz", "summary_en": "This municipal regulation establishes the normative framework for the collection of a fee for the maintenance service of parks and green areas in the districts of the canton of La Cruz where such service is provided. It defines the purpose of the service, the taxpayers (all property owners in the served districts, regardless of their interest in the service), and the methodology for calculating the fee amount, based on the effective cost of the municipal investment distributed according to property values. The fee is annual, collected quarterly, and included in the same bill as other tax obligations. It also includes provisions on the use and conservation of these public spaces, prohibiting the destruction of green areas and urban furniture, and mandating the reporting of damages. The regulation is based on Article 74 of the Municipal Code and constitutes a local tax norm aimed at financing municipal public services of beautification and recreation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/02/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76764.json", "html_url": "/legal/doc/norm-76764", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76764&strTipM=TC&nValor3=0" }, { "id": "norm-76825", "citation": "Directriz 002", "section": "norms", "doc_type": "directive", "title_en": "Directive Removing Environmental Viability as a Requirement for the Veterinary Operation Certificate", "title_es": "Directriz que elimina Viabilidad Ambiental para Certificado Veterinario de Operación", "summary_en": "Directive SENASA-DG-D002-2014 eliminates the Environmental Viability (Viabilidad Ambiental) issued by SETENA as a requirement for obtaining the Veterinary Operation Certificate for three categories of establishments: those operating before June 28, 2004; new agricultural establishments with a construction area not exceeding 1000 square meters; and those already in operation for which the requirement is unnecessary, without prejudice to Article 93 of the EIA Regulation. It is based on previous SETENA resolutions that excluded very low-impact projects or those operating before the environmental regulations came into force, aiming to simplify procedures for the agricultural sector under SENASA’s supervision.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "31/01/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76825.json", "html_url": "/legal/doc/norm-76825", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76825&strTipM=TC&nValor3=0" }, { "id": "norm-76851", "citation": "Resolución 82", "section": "norms", "doc_type": "resolution", "title_en": "Procedure for Granting the Voluntary Environmental Label for Methyl Bromide Reduction", "title_es": "Procedimiento para el otorgamiento del Distintivo Ambiental Voluntario por reducción de Bromuro de Metilo", "summary_en": "This resolution by the Ministry of Environment and Energy approves the procedure for granting a voluntary environmental label to melon and watermelon producers who have reduced or never used methyl bromide in their crops. Managed by the Technical Office of Ozone of DIGECA, the label recognizes compliance with pest management, safe pesticide use, and environmental criteria. Producers must submit an application, sworn statement, self-assessment, and undergo an on-site evaluation by a designated team. A minimum score of 75% on compliance criteria (obligatory, critical, and recommended) is required. The label is valid for one year, renewable, and grants the right to use an official MINAE seal on products. The resolution details registration, document review, on-site evaluation, opening and closing meetings, the decision, conditions of use, and sanctions for non-compliance, including suspension or withdrawal. It emphasizes that the label is state property and its use is subject to a conditions agreement. This mechanism aims to incentivize the elimination of methyl bromide, an ozone-depleting substance, in line with Costa Rica's commitments under the Montreal Protocol.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "10/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76851.json", "html_url": "/legal/doc/norm-76851", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76851&strTipM=TC&nValor3=0" }, { "id": "norm-76854", "citation": "Resolución 012", "section": "norms", "doc_type": "resolution", "title_en": "Quarterly CVC adjustment electric tariffs Q2 2014", "title_es": "Ajuste trimestral CVC tarifas eléctricas II trimestre 2014", "summary_en": "The Energy Directorate of ARESEP resolves to apply the extraordinary adjustment methodology for variable fuel costs (CVC) for the second quarter of 2014. Charges for ICE's thermal generation are determined and passed through to distribution companies. The adjustment considers an estimated fuel expense of ¢24,900.18 million and a quarterly adjustment of ¢15,749.92 million due to differences between actual expenses and revenues collected in previous months. Percentage charges on the non-fuel cost structure are set: for ICE generation, 42.25% on T-CB and T-SD tariffs and 25.64% on T-UD; for each distributor, according to its CD2 factor. Oppositions are rejected, confirming uniform application of the approved methodology. Additionally, information requirements are imposed on companies for future adjustments.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76854.json", "html_url": "/legal/doc/norm-76854", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76854&strTipM=TC&nValor3=0" }, { "id": "norm-76876", "citation": "Decreto 38237", "section": "norms", "doc_type": "executive_decree", "title_en": "Air Emission Limits for Glass Melting Furnaces Regulation", "title_es": "Reglamento sobre límites de emisiones al aire para hornos de fundición de vidrio", "summary_en": "Executive Decree 38237-S establishes maximum atmospheric emission limits and technical/administrative requirements for glass melting furnaces using alternative fuels, especially used oils. The regulation covers collection, storage, and processing of these fuels; periodic sampling, analysis, and reporting of pollutants in the charge and stack; and includes tables with maximum permissible limits for heavy metals (cadmium, mercury, lead, etc.), dioxins, furans, PCBs, particulates, nitrogen and sulfur oxides. It requires valid sanitary operating permits, corrective action plans for non-compliance, and test protocols for new fuels or substitution increases above 5%. Non-compliance may lead to suspension of the sanitary permit, sanctions under the General Health Law, complaints to the Administrative Environmental Tribunal, or criminal prosecution. The regulation aims to protect public health and the environment by promoting thermal recycling of used oils under strict controls.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/02/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76876.json", "html_url": "/legal/doc/norm-76876", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76876&strTipM=TC&nValor3=0" }, { "id": "norm-76879", "citation": "Decreto 38272", "section": "norms", "doc_type": "executive_decree", "title_en": "Special Management Waste Declaration Regulation", "title_es": "Reglamento para la Declaratoria de Residuos de Manejo Especial", "summary_en": "This executive decree establishes the regulatory framework for declaring, managing, and controlling special management waste in Costa Rica, implementing the Integrated Waste Management Law (Law No. 8839). It defines the criteria (composition, transport needs, storage conditions, forms of use, recovery value, and significant health risks or systematic ecosystem degradation) that the Ministry of Health must consider to include a waste in this category. It implements the extended producer responsibility principle, requiring producers and importers to organize into Compliance Units, register on the SINIGIR platform, and execute Compliance Plans with recovery targets. The regulation includes the list of fourteen already-declared waste types (tires, batteries, electronics, oils, refrigerants, mattresses, etc.) and details the procedure for setting targets through negotiation tables. It also regulates the transboundary movement of these wastes, distinguishing between green and amber control procedures depending on the type. The Ministry of Health holds technical leadership, verification, and sanctioning powers under the law.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "07/01/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76879.json", "html_url": "/legal/doc/norm-76879", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76879&strTipM=TC&nValor3=0" }, { "id": "norm-76881", "citation": "Decreto 38200", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of Members to the National Commission for Biodiversity Management", "title_es": "Nombramiento de Miembros de la Comisión Nacional para la Gestión de la Biodiversidad", "summary_en": "This executive decree appoints the principal and alternate representatives of the Asociación Mesa Nacional Campesina to the National Commission for Biodiversity Management (CONAGEBIO) for a three-year term, pursuant to Article 15 of the Biodiversity Law. The Commission, as a deconcentrated body of MINAE with instrumental legal capacity, is tasked with conservation, ecologically sustainable use, and restoration of biodiversity. The decree repeals a previous 2011 appointment and takes effect upon publication. It does not establish substantive environmental criteria; it is an administrative act to fill seats on a collegial body.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "21/01/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76881.json", "html_url": "/legal/doc/norm-76881", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76881&strTipM=TC&nValor3=0" }, { "id": "norm-76917", "citation": "Resolución 014", "section": "norms", "doc_type": "resolution", "title_en": "Inclusion of Technical Note 0073 for ozone-depleting substances", "title_es": "Inclusión de Nota Técnica 0073 por sustancias agotadoras de ozono", "summary_en": "This resolution from the General Directorate of Customs modifies the Automated Tariff of the National Customs Service to include Technical Note 0073, which prohibits the importation of certain ozone-depleting substances (ODS). The measure responds to a request from the Technical Ozone Office of MINAE, based on Executive Decree No. 37614-MINAET and the country's commitments under the Montreal Protocol. Tariff subheadings 2903.71.00.00, 2903.79.11.00, and 2903.79.25.00 are included, excluding previous technical notes. Additionally, several subheadings are closed and national openings made to include new ODS goods, aiming to control and gradually reduce the use of these substances in compliance with international regulations. The resolution states that tariff changes will take effect fifteen business days after publication in La Gaceta.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "20/01/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76917.json", "html_url": "/legal/doc/norm-76917", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76917&strTipM=TC&nValor3=0" }, { "id": "norm-76925", "citation": "Resolución 027", "section": "norms", "doc_type": "resolution", "title_en": "Amendment of Tariff Methodologies for Private Renewable Generators", "title_es": "Modificación de Metodologías Tarifarias para Generadores Privados Renovables", "summary_en": "The Public Services Regulatory Authority (ARESEP) approved amendments to five tariff-setting methodologies for private electricity generators using renewable sources (bagasse, biomass, new hydro, existing hydro, and wind). The changes aim to standardize regulatory treatment, especially in the definition and calculation of variables such as cost of capital (return on equity), updating of fixed asset investments, and cost indexing. Financial information sources are unified (Damodaran, Ibbotson), the scope is extended to transactions other than with ICE, and the tariff band for new hydro plants is temporarily applied to non-conventional sources (solar, solid waste). Additionally, procedures for excluding outliers are adjusted, and exponential regression in operating costs is eliminated, allowing greater technical flexibility. The reform seeks clarity, transparency, and efficiency in tariff settings, maintaining the financial equilibrium of operators under Law 7593.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76925.json", "html_url": "/legal/doc/norm-76925", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76925&strTipM=TC&nValor3=0" }, { "id": "norm-76927", "citation": "Decreto 38236", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Availability Incentive Payment for SINAC Officials", "title_es": "Reglamento del Pago del Incentivo de Disponibilidad para Funcionarios del SINAC", "summary_en": "This executive decree, repealed in 2017, regulated the payment of a salary incentive of 25% of the base salary to SINAC officials who held police authority and performed natural resource control and protection duties outside their regular working hours. The goal was to ensure the availability of personnel to address urgent situations such as forest fires, poaching, and illegal logging. It established duties for the employees, such as appearing without delay and remaining sober, and consequences for non-compliance, including reimbursement of the sums received. It also defined the scope of application, excluding those without police authority, and provided a procedure for requesting and granting the incentive through a reasoned resolution. The regulation was grounded in the Political Constitution and various environmental laws mandating MINAE's environmental stewardship.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "forestry-law-7575" ], "date": "07/02/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76927.json", "html_url": "/legal/doc/norm-76927", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76927&strTipM=TC&nValor3=0" }, { "id": "norm-76935", "citation": "Acuerdo 06", "section": "norms", "doc_type": "agreement", "title_en": "Delimitation of Public Zone of Maritime Terrestrial Zone in Puntarenas Canton", "title_es": "Delimitación de zona pública de la Zona Marítimo Terrestre en cantón de Puntarenas", "summary_en": "The National Geographic Institute (IGN) announces the digital georeferenced delimitation of the public zone of the Maritime Terrestrial Zone (ZMT) in the canton of Puntarenas, Province of Puntarenas, in accordance with Executive Decree 36642-MP-MOPT-MINAET. The coordinates of the extreme points are provided in CRTM05 and Lambert projections for 36 coastal sectors, spanning from Playa Ario to Estero Barco. It is clarified that sectors previously officially delimited by markers and publication in La Gaceta retain their status. Technical data are registered in the IGN's Digital Georeferenced Geodatabase.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "02/12/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76935.json", "html_url": "/legal/doc/norm-76935", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76935&strTipM=TC&nValor3=0" }, { "id": "norm-76936", "citation": "Acuerdo 08", "section": "norms", "doc_type": "agreement", "title_en": "Demarcation of the Public Zone of the Canton of Garabito", "title_es": "Delimitación de la zona pública del Cantón de Garabito", "summary_en": "The National Geographic Institute (IGN) announces the georeferenced digital demarcation of the public zone of the Maritime Terrestrial Zone (ZMT) in the canton of Garabito, Puntarenas province. The resolution is issued in accordance with Article 63 of the Regulation of the Maritime Terrestrial Zone Law (Law No. 6043) and Executive Decree No. 36642-MP-MOPT-MINAET. The demarcation covers coastal sectors lacking previously published official markers, establishing endpoint coordinates in CRTM05 and Lambert systems for thirteen sectors, including Punta Loros, Playa Bajamar, Playa Carrizal, Playa Azul, Playa Caletas, Playa Matapalo, Playa Herradura, Playa Basal, Playa Jacó, and Playa Hermosa. Sectors with existing markers retain their official status. Technical data are integrated into the IGN's Georeferenced Digital Geodatabase on the ZMT. The notice is technical in nature and does not resolve legal disputes, merely fixing the public zone line for purposes of administration and protection of coastal public domain.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "02/12/2013", "year": "2013", "json_url": "/data/legal/docs/norm-76936.json", "html_url": "/legal/doc/norm-76936", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76936&strTipM=TC&nValor3=0" }, { "id": "norm-76957", "citation": "Ley 9223", "section": "norms", "doc_type": "law", "title_en": "Recognition of Rights of South Caribbean Inhabitants", "title_es": "Reconocimiento de los derechos de los habitantes del Caribe Sur", "summary_en": "Law 9223, enacted in 2014, precisely defines the boundaries of the Gandoca-Manzanillo National Wildlife Refuge (REGAMA) to recognize the rights of the inhabitants and coastal towns of the South Caribbean. It arose from conflicts over land tenure and protected area delimitation, attempting to balance conservation with local community rights. The law uses a technical description with coordinates and topographic references to fix the refuge's perimeter. However, in 2019 the Constitutional Chamber partially struck down the law regarding forested areas, holding it infringed on the State's natural heritage. It ordered SINAC to delineate the affected area within twelve months, with retroactive effect to the law's effective date, except for bona fide acquired rights.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "property-and-titling" ], "date": "20/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76957.json", "html_url": "/legal/doc/norm-76957", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76957&strTipM=TC&nValor3=0" }, { "id": "norm-76958", "citation": "Resolución 0 (Autoridad Reguladora de los Servicios Públicos, 31/03/2014)", "section": "norms", "doc_type": "resolution", "title_en": "Planning, Operation and Access to the National Electrical System (AR-NT-POASEN)", "title_es": "Planeación, Operación y Acceso al Sistema Eléctrico Nacional (AR-NT-POASEN)", "summary_en": "This ARESEP Board resolution approves, after two public hearings, the technical norm AR-NT-POASEN establishing general technical conditions for planning, developing and operating the National Electrical System (SEN) and access and parallel operation conditions for interconnected parties. It defines obligations for the System Operator (ICE), generating, transmission and distribution companies, and high-voltage users. It regulates planning, expansion, quality, operational safety, reliability, metering and connection contracts. It includes a chapter on small-scale generation for self-consumption with surplus exchange option, setting technical, tariff and contractual conditions. The norm repeals the previous AR-NT-GT and responds to the Comptroller General's requirements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76958.json", "html_url": "/legal/doc/norm-76958", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76958&strTipM=TC&nValor3=0" }, { "id": "norm-76971", "citation": "Reglamento municipal 316-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "General Regulation of the Oreamuno Regulatory Plan", "title_es": "Reglamento General del Plan Regulador de Oreamuno", "summary_en": "This General Regulation forms part of the Urban Regulatory Plan of the Canton of Oreamuno for the area within the Greater Metropolitan Area (GAM). It sets out the general provisions governing urban planning, including definitions, scope, administration, and monitoring. It mandates urban and agricultural licenses, land-use certificates, cadastral approval for subdivisions, and municipal endorsements for urban properties. It defines urban conditions such as the Urban Growth Boundary (LUC), building height, coverage, alignments, and incentives for public area cessions. It includes a heritage protection regime that prevails over other urban regulations. It establishes penalties for violations and refers to applicable urban, environmental, and forestry legislation. While it mentions Environmental Impact Studies and cites the Forestry Law and the Organic Environmental Law among sanctioning norms, the Regulation is fundamentally an urban planning tool that does not develop substantive environmental criteria.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/02/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76971.json", "html_url": "/legal/doc/norm-76971", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76971&strTipM=TC&nValor3=0" }, { "id": "norm-76975", "citation": "Reglamento municipal 316-E", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Oreamuno Canton Land Use Zoning Regulation", "title_es": "Reglamento de Zonificación de los Usos del Suelo del Cantón de Oreamuno", "summary_en": "This 2014 municipal regulation, repealed in 2025, established land use zoning for the canton of Oreamuno, Cartago, as part of its Regulatory Plan. It defined land types (urbanized, developable, non-developable) and classified uses as conforming, non-conforming (tolerated and prohibited), and conditional. It created specific zones: residential (very low to very high density), mixed-use, commercial and services, public institutional, industrial, recreational and sports, agricultural, protection, river and stream protection, water resource protection, landscape protection, electrical production, historic or architectural interest, and fault proximity protection. It set density, setback, height, and coverage parameters aligned with the regional PRUGAM plan and environmental considerations using the Environmental Fragility Index (IFA). Its goal was to order urban growth, protect environmentally sensitive areas, and ensure use compatibility.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "water-law" ], "date": "17/02/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76975.json", "html_url": "/legal/doc/norm-76975", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76975&strTipM=TC&nValor3=0" }, { "id": "norm-76977", "citation": "Reglamento municipal 316-G", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Sustainable Development Regulation", "title_es": "Reglamento de Desarrollo Sostenible", "summary_en": "The Sustainable Development Regulation of the Canton of Oreamuno establishes binding environmental guidelines to guide land use and productive activities in accordance with the local Regulatory Plan. Based on Article 50 of the Constitution and the Organic Environmental Law 7554, the regulation pursues environmental sustainability by regulating residential, commercial, industrial, agricultural, tourist, and protected areas. For each land category, it defines potential environmental impacts and mitigation measures, such as restricting horizontal expansion, protecting aquifer recharge zones, controlling agrochemicals, managing waste, and respecting setbacks under the Forestry Law. It incorporates Environmental Fragility Indices that condition the density and type of development, and promotes practices like organic farming, reforestation with native species, and proper wastewater treatment. It was approved by the Municipal Council in 2014 and later repealed in 2025.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "17/02/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76977.json", "html_url": "/legal/doc/norm-76977", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76977&strTipM=TC&nValor3=0" }, { "id": "norm-76978", "citation": "Reglamento municipal 316", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Approval of the Oreamuno Zoning Plan", "title_es": "Aprobación del Plan Regulador de Oreamuno", "summary_en": "This document records Municipal Agreement No. 3174-2014 by which the Municipal Council of Oreamuno, Cartago, approves the canton's Regulatory Plan (Zoning Plan), following the issuance of official communication C-PU-D-106-2014 by the Urbanism Directorate of the National Institute of Housing and Urbanism (INVU) granting its technical approval. The agreement, adopted at Session No. 316-2014 on February 17, 2014, with 3 votes in favor and 2 against, orders compliance with due process under Article 17 of the Urban Planning Law No. 4240. As part of the Regulatory Plan, seven regulations are approved: the General Regulation of the Regulatory Plan, the Regulation of the Official Map, the Regulation of Urban Renewal, the Roadway Regulation, the Land Use Zoning Regulation, the Construction Regulation, and the Sustainable Development Regulation. The norm was later repealed in December 2025 upon approval of a new general regulation for the regulatory plan.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/02/2014", "year": "2014", "json_url": "/data/legal/docs/norm-76978.json", "html_url": "/legal/doc/norm-76978", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=76978&strTipM=TC&nValor3=0" }, { "id": "norm-77021", "citation": "Decreto 38323", "section": "norms", "doc_type": "executive_decree", "title_en": "Environmental Services Payments for 2014", "title_es": "Pagos de Servicios Ambientales para 2014", "summary_en": "This executive decree sets the conditions for the Environmental Services Payment Program (PPSA) for 2014, under Forestry Law 7575. It establishes the number of hectares and trees to be contracted per modality: reforestation (4,000 ha), natural regeneration (3,000 ha), forest protection (38,250 ha), forest protection in conservation gaps (1,000 ha), water resource protection (5,000 ha), forest management (200 ha), and agroforestry systems (500,000 trees). It details the maximum amounts to be paid per hectare or per tree for each modality, disbursed over three to five years. The decree defines priority areas for each activity using a scoring matrix based on criteria such as location in biological corridors, indigenous territories, or districts with a low social development index. It regulates contract terms, deferred payment percentages, and assignment of rights. It authorizes FONAFIFO to adjust the hectare distribution according to supply and to set differentiated amounts through agreements with funding entities. The aim is to promote forest conservation and recovery through economic incentives for small and medium producers.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "23/01/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77021.json", "html_url": "/legal/doc/norm-77021", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77021&strTipM=TC&nValor3=0" }, { "id": "norm-77049", "citation": "Decreto 38188", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of Regulation for Fishing Licenses of Foreign Vessels in Costa Rican Waters", "title_es": "Reforma Reglamento Licencias Pesca Buques Extranjeros en Aguas de Costa Rica", "summary_en": "This executive decree reforms the Regulation for Fishing Licenses of Foreign Vessels in Costa Rican Waters (Decree No. 23943) by adding new conditions for tuna fishing permits granted to foreign-flagged purse-seine vessels. The amendment requires shipowners and captains to expressly state that they will not use FADs (fish aggregating devices) during fishing operations in Costa Rican jurisdictional waters, will not encircle other vessels already in the area, and will accept that the Inter-American Tropical Tuna Commission (IATTC) releases information on the vessel's fishing methods to Costa Rican authorities. INCOPESCA must cancel the license or permit if this commitment is breached. The measure aims to protect the interests of artisanal fishers who rely on other marine species and to update the permitting process in accordance with the Fisheries and Aquaculture Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/02/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77049.json", "html_url": "/legal/doc/norm-77049", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77049&strTipM=TC&nValor3=0" }, { "id": "norm-77064", "citation": "Decreto 38320", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of National Convenience for the Recovery of Metropolitan Park La Sabana", "title_es": "Declaratoria de Conveniencia Nacional para Recuperación del Parque Metropolitano La Sabana", "summary_en": "Executive Decree 38320 declares the sanitation, reforestation, maintenance, monitoring, and evaluation activities carried out under the public-interest project 'Recovery of Metropolitan Park La Sabana' to be of national convenience. This declaration empowers the involved public institutions to coordinate actions and manage resources for the ecological and landscape rehabilitation of the park, one of San José's most important urban green spaces. The norm seeks to restore vegetation cover, improve the environmental quality of the public space, and promote its recreational and cultural use, in line with urban conservation goals and the right to a healthy environment recognized in Article 50 of the Constitution. The decree lays the groundwork for competent entities to execute management plans integrating technical criteria for urban forestry and citizen participation.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "13/02/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77064.json", "html_url": "/legal/doc/norm-77064", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77064&strTipM=TC&nValor3=0" }, { "id": "norm-77069", "citation": "Ley 9221", "section": "norms", "doc_type": "law", "title_en": "Framework Law for Coastal Urban Zone Declaration", "title_es": "Ley marco para la declaratoria de zona urbana litoral", "summary_en": "This law establishes the procedure and conditions for declaring Coastal Urban Zones (ZUL) in Costa Rica. It defines that only areas with pre-existing high urban concentration along the coast before the law's enactment may be declared ZUL. Declarations are made by the Executive Branch via decree, following a binding technical opinion from the Interinstitutional Commission on Coastal Urban Zones (Cizul) and require a coastal regulatory plan, a strategic environmental impact assessment by SETENA, and approval from the municipality and ICT. The law creates a municipal concession regime for public domain areas within the ZUL, excluding the first 50 meters from the high-tide line not previously occupied and areas of natural heritage. Concessions last 5 to 20 years, renewable, with priority given to prior concessionaires under Law 6043 and precarious occupants before 2012. The ZUL is governed by its own urban regulatory plan that prevails over earlier coastal plans. The law amends the Maritime Terrestrial Zone Law to exclude ZUL from its scope and sets an 8-year transitional period to complete the declaration and regulatory plan.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "27/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77069.json", "html_url": "/legal/doc/norm-77069", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77069&strTipM=TC&nValor3=0" }, { "id": "norm-77099", "citation": "Decreto 38145", "section": "norms", "doc_type": "executive_decree", "title_en": "GAM Plan 2013-2030", "title_es": "Plan GAM 2013-2030", "summary_en": "Executive Decree 38145 makes the Regional Territorial Planning Plan for the Greater Metropolitan Area (Plan GAM 2013-2030) official, updating the 1982 plan. This planning instrument aims to improve quality of life, protect the environment, and achieve sustainable urban development in the country's most populated region. It establishes binding guidelines for municipalities and public institutions regarding land use, housing, infrastructure, risk management, and natural resource protection. The plan incorporates environmental viability granted by SETENA through 2009 resolutions and is based on a territorial environmental foundation. It orders competent entities to align their budgets and operational plans with its objectives, and designates INVU and the Secretariat of the Urban Planning Council as responsible for monitoring its implementation. The decree draws on multiple laws, including the Urban Planning Law, the Organic Environmental Law, and the Forestry Law, and responds to disorderly urban growth and the need to integrate risk prevention and environmental sustainability criteria into regional planning.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "21/01/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77099.json", "html_url": "/legal/doc/norm-77099", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77099&strTipM=TC&nValor3=0" }, { "id": "norm-77104", "citation": "Decreto 38334", "section": "norms", "doc_type": "executive_decree", "title_en": "GAM Plan 2013-2030 — Update to the Regional Plan for the Greater Metropolitan Area", "title_es": "Plan GAM 2013-2030 — Actualización del Plan Regional de la Gran Área Metropolitana", "summary_en": "Decree 38334-PLAN-MINAE-MIVAH-MOPT-S-MAG approves the 2013-2030 update of the Regional Plan for the Greater Metropolitan Area (Plan GAM). It establishes a territorial urban model based on macro zones (protection/preservation, agricultural production, and urban), integral dense centralities (CDI), and an urban containment ring to control sprawl. It mandates the inclusion of environmental variables in municipal regulatory plans, including environmental viability from SETENA, environmental fragility indices (IFA), and risk management. Procedures are defined for modifying the containment ring, requirements for high-rise construction, urban renewal, and intermunicipal and intersectoral coordination. The Constitutional Chamber declared the decree unconstitutional for violating the principle of singular non-derogability and the right to a healthy environment but tempered the effects by maintaining its validity for 36 months to issue new regulations with strategic environmental assessment.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "10/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77104.json", "html_url": "/legal/doc/norm-77104", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77104&strTipM=TC&nValor3=0" }, { "id": "norm-77220", "citation": "Decreto 38396", "section": "norms", "doc_type": "executive_decree", "title_en": "Cadastral zone declaration for Santo Domingo de Heredia", "title_es": "Declaratoria de zona catastrada para Santo Domingo de Heredia", "summary_en": "This executive decree officially declares the eight districts of the canton of Santo Domingo, Heredia province, as a cadastral zone after the completion of the cadastral survey by the Cadastre and Registry Regularization Program. It sets forth technical requirements for survey plans in the area, including mandatory use of the Official Coordinate Network CR05/CRTM05, specification of methods and relative/absolute accuracies according to mapping scale (1:1000 or 1:5000), and submission of digital files with vertex coordinates. It also provides that the Real Estate Registry will verify plan geometry under the cadastral-registry compatibility manual. The accuracy standards are extended to any area of the country with orthophotos at those scales, even if not declared a cadastral zone. The decree is grounded on the National Cadastre Law, its regulations, and legal reforms that integrated the Cadastre into the Real Estate Registry.", "primary_topic_id": null, "topic_ids": [], "date": "18/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77220.json", "html_url": "/legal/doc/norm-77220", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77220&strTipM=TC&nValor3=0" }, { "id": "norm-77221", "citation": "Decreto 38397", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for San Isidro of Heredia", "title_es": "Declaratoria de Zona Catastrada para San Isidro de Heredia", "summary_en": "This executive decree formally declares the districts of San Isidro, San José, Concepción, and San Francisco in the canton of San Isidro, Heredia province, as a cadastral zone. It officializes the cadastral survey conducted by the Cadastre and Registry Regularization Program in coordination with the Real Estate Registry. The decree sets forth the technical requirements that survey plans must meet in this zone: mandatory use of the official CRTM05 coordinate system, specification of the survey method, and both relative and absolute accuracies according to the base mapping scale (1:1000 or 1:5000). It also requires the Cadastral Subdirectorate to verify plan geometry per the cadastral-registry compatibility manual. The goal is to integrate graphic and alphanumeric property data into the official cadastral map, laying the groundwork for future regularization processes and legal certainty in land tenure in the area.", "primary_topic_id": null, "topic_ids": [], "date": "18/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77221.json", "html_url": "/legal/doc/norm-77221", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77221&strTipM=TC&nValor3=0" }, { "id": "norm-77231", "citation": "Decreto 38398", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for La Unión Canton in Cartago", "title_es": "Declaración de zona catastrada del Cantón La Unión en Cartago", "summary_en": "This executive decree declares the eight districts of La Unión canton in Cartago province as a cadastral zone following the completion of cadastral surveying work and resolution of owner claims. It establishes that the official description of properties in this area will be based on graphic and alphanumeric data from the official Cadastral Map. It also details the technical requirements that survey plans must meet for these districts, including mandatory use of the Official Coordinate System CR05/CRTM05, specification of survey methods and relative and absolute accuracies according to mapping scale (1:1000 or 1:5000), and provisions for transition areas between scales. The decree further states that the Cadastral Subdirectorate will verify plans according to cadastral-registration compatibility manuals, and that the same technical requirements will apply in any area of the country where the Real Estate Registry has orthophotos at those scales.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77231.json", "html_url": "/legal/doc/norm-77231", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77231&strTipM=TC&nValor3=0" }, { "id": "norm-77232", "citation": "Decreto 38399", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for Miramar, La Unión and San Isidro of Montes de Oro", "title_es": "Declaración de zona catastrada para Miramar, La Unión y San Isidro de Montes de Oro", "summary_en": "This executive decree declares the districts of Miramar, La Unión and San Isidro in the Montes de Oro canton, Puntarenas province, as cadastral zones, after the completion of the cadastral survey by the National Cadastre and Registry Regularization Program. The declaration means the cadastral data has been made official and final, and property descriptions for this area will be based on the official Cadastral Map. The decree sets specific technical requirements for future survey plans, including mandatory use of the official coordinate system (CR05/CRTM05), indication of surveying method, and compliance with relative and absolute accuracy standards according to mapping scale (1:1000 or 1:5000). It also applies these accuracy rules to any area of the country where the Property Registry has orthophotos at those scales, and authorizes the Registry to determine the technological means for submitting survey plans.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77232.json", "html_url": "/legal/doc/norm-77232", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77232&strTipM=TC&nValor3=0" }, { "id": "norm-77317", "citation": "Decreto 38395", "section": "norms", "doc_type": "executive_decree", "title_en": "Decree 38395 — Bella Luz Rural Aqueduct", "title_es": "Decreto 38395 — Acueducto Rural Bella Luz", "summary_en": "Executive Decree 38395, issued by the Executive Branch on April 8, 2014 and published in La Gaceta No. 97 on May 22, 2014, declares the Administrative Association of the Rural Aqueduct of Bella Luz, Incendio y Naranjo, located in the Corredores canton, as a public utility for State interests. The four-article norm formalizes this declaration, fulfilling the legal requirements to recognize the public importance of such community-based organizations responsible for drinking water management. The decree does not establish environmental, water resource conservation, or territorial development provisions, limiting itself to granting a legal-administrative status to a specific rural aqueduct association. The declaration of public utility is a formal act that enables the association to access certain benefits and exemptions, but imposes no obligations nor regulates substantive aspects related to the environment or water governance. It is a purely administrative instrument with no implications for national environmental policy.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/04/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77317.json", "html_url": "/legal/doc/norm-77317", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77317&strTipM=TC&nValor3=0" }, { "id": "norm-77442", "citation": "Decreto 38449", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the Interinstitutional Technical Commission for Aquifer Management", "title_es": "Reglamento de la Comisión Técnica Interinstitucional para la Gestión de Acuíferos", "summary_en": "Executive Decree No. 38449-MINAE-MAG creates the Interinstitutional Technical Commission (CTI) for aquifer management, composed of the Water Directorate of MINAE (coordinator), AYA, and SENARA. Its purpose is to coordinate efforts and resources for groundwater monitoring and studies, and to agree on conditions for subsurface drilling and sustainable use of groundwater. It regulates the CTI's operation, makes its agreements binding for drilling permit management nationwide, and defines institutional roles: SENARA evaluates technical feasibility, AYA assesses impacts on drinking water sources, and the Water Directorate integrates criteria and issues permits. It also requires a sworn statement of regulatory compliance in submitted studies. This decree was repealed in 2021 by Decree No. 42929.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "21/01/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77442.json", "html_url": "/legal/doc/norm-77442", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77442&strTipM=TC&nValor3=0" }, { "id": "norm-77453", "citation": "Acuerdo 0-1", "section": "norms", "doc_type": "agreement", "title_en": "Certification Standard for Tourism Sustainability of Marine Coastal Tour Operations", "title_es": "Norma de Certificación para la Sostenibilidad Turística de Tour Operación Marino Costera", "summary_en": "This standard, issued by the Costa Rican Tourism Board (ICT), establishes the requirements that marine coastal tour operator companies must meet to obtain the Certificate for Tourism Sustainability (CST). The certification is based on a point system distributed across 16 areas covering sustainable business management, relationship with the physical-biological environment, relationship with clients and other stakeholders, and relationship with communities. Each area contains a series of verifiable compliance questions. The standard promotes the integration of sustainability into strategic planning, the identification and mitigation of environmental and social impacts, efficient management of water, energy and waste, protection of the natural environment, and active involvement with local communities. It also requires compliance with an extensive list of applicable national and international legislation, including environmental, labor, fishing, wildlife and emergency laws. Obtaining the certificate is conditioned upon a notarized sworn statement by which the company certifies it is current with its legal and tax obligations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/06/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77453.json", "html_url": "/legal/doc/norm-77453", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77453&strTipM=TC&nValor3=0" }, { "id": "norm-77486", "citation": "Ley 9242", "section": "norms", "doc_type": "law", "title_en": "Law for Regularization of Existing Constructions in the Restricted Zone", "title_es": "Ley de Regularización de Construcciones en Zona Restringida", "summary_en": "This law establishes a transitional regime to regularize existing constructions in the restricted zone of the maritime-terrestrial zone (ZMT), as defined in Article 10 of Law No. 6043. Its objective is to legalize the use of such buildings by granting concessions under the ZMT legislation. It applies to any structure fixed or incorporated into the land prior to the law’s enactment. Municipalities with a valid coastal regulatory plan must ensure constructions conform to the plan, setting deadlines to request concessions and make necessary modifications. Those without a regulatory plan have eight years to approve one; during that time, constructions may be kept under a precarious title, unless environmental damage is proven. The law prohibits new constructions not backed by an approved concession in line with the regulatory plan. It also authorizes state and municipal public investment in the restricted zone for social development, economic growth, and environmental protection purposes.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "06/05/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77486.json", "html_url": "/legal/doc/norm-77486", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77486&strTipM=TC&nValor3=0" }, { "id": "norm-77683", "citation": "Reglamento municipal 294", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Partial Regulatory Plan of the El Guarco Canton", "title_es": "Plan Regulador Parcial del Cantón del Guarco", "summary_en": "This document contains the regulations of the Partial Regulatory Plan of the El Guarco Canton, approved by the Municipality in 2014 and later repealed in 2024. The plan establishes general provisions, glossary, objectives and areas of action, as well as rules on municipal licenses, urban developments, constructions and infrastructure. It regulates land-use zoning, defining residential, mixed-use, commercial, industrial, protection, recreational and agricultural zones. It includes regulations on urban renewal, outdoor advertising, roadways and the official map. It sets density parameters, conforming and non-conforming uses, requirements for building permits, land subdivision, municipal approval and land-use certificates. It incorporates environmental considerations such as river protection, areas of environmental fragility, drainage and wastewater treatment. It is a comprehensive local planning instrument to guide the sustainable development of the canton.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "06/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77683.json", "html_url": "/legal/doc/norm-77683", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77683&strTipM=TC&nValor3=0" }, { "id": "norm-77774", "citation": "Acuerdo 098", "section": "norms", "doc_type": "agreement", "title_en": "INCOPESCA Tariff Agreement 2014", "title_es": "Acuerdo de Tarifas de INCOPESCA 2014", "summary_en": "Agreement 098 of April 4, 2014, issued by the Board of Directors of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA), amends Agreement AJDIP/343-2013 to establish the tariffs for the sale of goods and services provided by the institution, effective as of January 1, 2014. The agreement sets specific amounts for various items, such as fishing permits, aquaculture licenses, research authorizations, landing certifications, and administrative sanctions, among others. It is an administrative act of a tariff nature that updates the prices of the services provided by INCOPESCA, adjusting them to the institution's operating conditions. The document does not establish environmental policies, conservation measures, or technical fishery management criteria, limiting itself to defining the cost that users must pay for the institute's procedures and services, in order to finance its activities and guarantee the financial sustainability of the entity.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/04/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77774.json", "html_url": "/legal/doc/norm-77774", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77774&strTipM=TC&nValor3=0" }, { "id": "norm-77800", "citation": "Resolución 067", "section": "norms", "doc_type": "resolution", "title_en": "Resolution 067 — Management Plan for Finca Barú del Pacífico National Wildlife Refuge", "title_es": "Resolución 067 — Plan de Manejo del Refugio Nacional de Vida Silvestre Finca Barú del Pacífico", "summary_en": "Resolution 067-2014 of the National System of Conservation Areas (SINAC) approves the Management Plan for the Finca Barú del Pacífico National Wildlife Refuge, a mixed-ownership category. It sets guidelines for the conservation, sustainable use, and administration of this refuge in Puntarenas province. The plan establishes zoning, management programs (protection, research, environmental education, and sustainable tourism), and rules for permitted and prohibited activities. It governs natural resource use, visitation, and private landowners' responsibilities within the refuge, aiming to balance biodiversity conservation with low-impact ecotourism and agricultural activities. The resolution became effective upon publication in La Gaceta No. 159 on August 20, 2014.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "19/06/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77800.json", "html_url": "/legal/doc/norm-77800", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77800&strTipM=TC&nValor3=0" }, { "id": "norm-77801", "citation": "Reglamento municipal 817", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for Granting Maritime-Terrestrial Zone Use Permits in the District of Paquera", "title_es": "Reglamento para el otorgamiento de permisos de uso de la Zona Marítimo Terrestre en el Distrito de Paquera", "summary_en": "Establishes the administrative procedure that the Municipal District Council of Paquera must follow to grant temporary and precarious use permits on the restricted zone of the Maritime-Terrestrial Zone, in the absence of coastal regulatory plans. It defines prohibitions, requirements, procedures, temporality, and legal nature of these permits, emphasizing their discretionary, revocable, and non-transferable character. It prohibits granting permits on forest-covered areas, forest lands, or National State Heritage, and bans permanent constructions. It regulates the payment of an annual fee, appraisals, notifications, and available administrative remedies. The regulation operates under Law No. 6043 on the Maritime-Terrestrial Zone.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "25/03/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77801.json", "html_url": "/legal/doc/norm-77801", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77801&strTipM=TC&nValor3=0" }, { "id": "norm-77802", "citation": "Decreto 38523", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of CONAGEBIO member", "title_es": "Nombramiento de miembro de la CONAGEBIO", "summary_en": "This executive decree appoints Patricia Madrigal Cordero as a full member representing the Ministry of Environment and Energy (MINAE) on the National Commission for Biodiversity Management (CONAGEBIO). She is designated for a full three-year term, in accordance with Article 15 of Biodiversity Law No. 7788. Additionally, the previous appointment contained in Article 1, paragraph 1, of Executive Decree No. 37929-MINAE of July 3, 2013, is repealed. The decree is based on constitutional and legal powers, specifically the Biodiversity Law that created CONAGEBIO as a decentralized body of MINAE with instrumental legal personality, responsible for conservation, ecologically sustainable use, and restoration of biodiversity. The measure takes effect upon publication.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "10/06/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77802.json", "html_url": "/legal/doc/norm-77802", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77802&strTipM=TC&nValor3=0" }, { "id": "norm-77804", "citation": "Decreto 38538", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Native Corn as Cultural Heritage", "title_es": "Declaratoria del Maíz Autóctono como Patrimonio Cultural", "summary_en": "Executive Decree 38538, signed in 2014, declares corn (Zea mays) in its autochthonous varieties—native and creole—along with associated traditions, agro-cultural practices, uses, knowledge, flavors, and colors, as Cultural Heritage of Costa Rica. It is based on the State's duty to conserve cultural heritage (Articles 89 and 140 of the Constitution) and on the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Law 8916). The recitals highlight the archaeological presence of corn since 3000 B.C. in Guanacaste, its role as a meeting point for Mesoamerican and South American corn races, its importance in pre-Hispanic and current diets, and its centrality in the Bribrí and Cabécar indigenous worldview (who see themselves as created from grains of different colors). The rich gastronomy and multiple cultural expressions linked to the cultivation, harvest, and processing of the grain are also recognized, especially in Guanacaste. The decree is of a declaratory and symbolic nature, establishing no sanctions, prohibitions, or concrete legal obligations. It does not modify agricultural, environmental, or property regulations. Its publication does not create restrictions on the use, commercialization, or cultivation of corn, nor does it affect third-party rights. It enters into force upon publication in the Official Gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/07/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77804.json", "html_url": "/legal/doc/norm-77804", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77804&strTipM=TC&nValor3=0" }, { "id": "norm-77805", "citation": "Decreto 38546", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform of entry fees for Protected Wild Areas", "title_es": "Reforma de tarifas de ingreso a Áreas Silvestres Protegidas", "summary_en": "This Executive Decree reforms Decree No. 38295-MINAE on entry fees and services in Protected Wild Areas (ASP) managed by SINAC. It establishes that national primary and secondary school students on educational trips will pay CRC 500 per entry, as will resident children aged 2-12; non-resident children in that age group will pay USD 5. In the La Amistad-Caribe Conservation Area, non-resident visitors will pay USD 5 per day in the specified parks and reserves, while residents will pay CRC 1,000. Transitory I is amended so that fees take effect on November 1, 2014, and Transitory II is repealed. The fee collection is based on the Biodiversity Law, which authorizes MINAE to set fees for services in ASPs, and highlights the comprehensive educational value of these visits. The decree takes effect on August 1, 2014.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "30/07/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77805.json", "html_url": "/legal/doc/norm-77805", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77805&strTipM=TC&nValor3=0" }, { "id": "norm-77821", "citation": "Decreto 38524", "section": "norms", "doc_type": "executive_decree", "title_en": "Sanitary Emergency Declaration for Arsenic in Drinking Water", "title_es": "Declaratoria de Emergencia Sanitaria por Arsénico en Agua Potable", "summary_en": "Executive Decree No. 38524-S declares a sanitary emergency in communities of the provinces of Guanacaste and Alajuela due to the presence of arsenic in drinking water at concentrations exceeding 10 µg/L, the maximum permissible limit under the Drinking Water Quality Regulation (Decree No. 32327-S). The decree is based on the General Health Law, the Water Law, the General Potable Water Law, and the AyA Constitutive Law, and responds to studies by the Ministry of Health and the Costa Rican Institute of Aqueducts and Sewers (AyA) that detected contamination in water systems in San Carlos, Los Chiles, Bagaces, and Cañas. It orders the Ministry of Health and AyA to continue surveillance, build arsenic removal plants, seek new water sources, and coordinate with municipalities and community organizations to ensure the supply of water fit for human consumption. It establishes obligations for water operators and the public, and repeals the previous decree No. 37072-S. The emergency shall remain in effect until the problem is definitively resolved.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "25/07/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77821.json", "html_url": "/legal/doc/norm-77821", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77821&strTipM=TC&nValor3=0" }, { "id": "norm-77826", "citation": "Decreto 38537", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the National Moratorium on Oil Exploitation", "title_es": "Reforma a la Moratoria Nacional para la Explotación Petrolera", "summary_en": "Executive Decree No. 38537-MINAE, issued on July 25, 2014, amends Article 1 of Decree No. 36693-MINAET of August 1, 2011, which declared a national moratorium on oil exploitation. The amendment extends this moratorium until September 15, 2021, for any activity aimed at the exploration and exploitation of oil deposits in the national continental and marine territory. The decision is grounded on the constitutional right to a healthy and ecologically balanced environment, the precautionary principle enshrined in the Biodiversity Law and the Rio Declaration on Environment and Development, and the case law of the Constitutional Court regarding the prevention of serious or irreversible environmental harm. The State exercises its authority to prioritize public interest over private interest, adapting state management to social, economic, and environmental needs and commitments, particularly within the framework of the carbon neutrality declaration and the protection of tourism as the country's main commercial activity.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution", "biodiversity-law-7788" ], "date": "25/07/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77826.json", "html_url": "/legal/doc/norm-77826", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77826&strTipM=TC&nValor3=0" }, { "id": "norm-77828", "citation": "Directriz 010", "section": "norms", "doc_type": "directive", "title_en": "Directive 010-P on Prevention Measures for Rainfall Deficit", "title_es": "Directriz 010-P sobre medidas de prevención ante déficit de lluvia", "summary_en": "Directive 010-P, issued by the President of Costa Rica in July 2014, establishes guidelines for coordinating prevention efforts in response to rainfall deficits in the North Pacific and Central Pacific regions, exacerbated by the El Niño Southern Oscillation (ENSO). Grounded in the National Emergency and Risk Prevention Law (No. 8488), it acknowledges the State's duty to prevent disasters. It orders institutions such as the Ministry of Health, MAG, MINAE, AyA, IMAS, SENARA, CNP, ICE, IMN, and CNE to coordinate immediate actions. Within 30 days, they must produce detailed reports on the negative effects of ENOS, including cost estimates and future projections, updating them monthly for six months. They must also implement specific prevention actions within their mandates, allocating resources as per Law 8488. A permanent attention committee, chaired by CNE, is established to meet biweekly to review technical reports, assess actions, and coordinate future measures. CNE will evaluate the appropriateness of alert declarations to enable the contracting of services and works for immediate impact, and may recommend to the Executive Branch a national emergency declaration via reasoned resolution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/07/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77828.json", "html_url": "/legal/doc/norm-77828", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77828&strTipM=TC&nValor3=0" }, { "id": "norm-77829", "citation": "Directriz 011", "section": "norms", "doc_type": "directive", "title_en": "Directive 011-MINAE", "title_es": "Directriz Nº 011-MINAE", "summary_en": "Directive 011-MINAE prohibited all Costa Rican public sector institutions from purchasing low-efficiency equipment, luminaires, and devices causing high electricity consumption. The ban covers new purchases, maintenance, renovations, and mass replacements. It mandates the inclusion of energy efficiency requirements in state procurement systems, requires accredited certifications, and specifies prohibited technologies (incandescent, halogen, mercury vapor, T-12) along with minimum luminous efficacy and consumption standards for lighting, refrigeration, and air conditioning. Institutions must integrate electricity consumption into their Institutional Environmental Management Programs (PGAI), submit biannual progress reports, and ensure proper final disposal of replaced equipment. The directive is based on the Environmental Law and aims to reduce public energy consumption in line with the National Climate Change Strategy and carbon neutrality commitments.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "25/07/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77829.json", "html_url": "/legal/doc/norm-77829", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77829&strTipM=TC&nValor3=0" }, { "id": "norm-77883", "citation": "Reglamento municipal 202", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulations of the Local Planning and Land Use Commission of the Canton of Talamanca", "title_es": "Reglamento de la Comisión Local de Planificación y Ordenamiento Territorial del Cantón de Talamanca", "summary_en": "This municipal regulation establishes the structure, composition, and functions of the Local Planning and Land Use Commission (CPOT) of Talamanca, in accordance with articles 59 and 60 of the Urban Planning Law. It defines that the commission will be composed of fourteen members residing in the canton, including municipal officials, council members, a representative from SINAC-ACLAC, and a representative of Civil Society elected through the Cantonal Union of Development Associations. It details the appointment period (four years), swearing-in, incompatibilities for membership, and that the position is unpaid. The regulation assigns the Commission broad oversight and follow-up responsibilities in the preparation and implementation of the Land Use Plan, including reviewing diagnoses, zoning maps and regulations, participation in public hearings, inter-institutional coordination with INVU, SETENA and other entities, and monitoring municipal budget allocation for the plan's operation and update. The regulation also covers sessions, voting, quorum, sanctions, and administrative appeals against its decisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77883.json", "html_url": "/legal/doc/norm-77883", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77883&strTipM=TC&nValor3=0" }, { "id": "norm-77889", "citation": "Acuerdo 277", "section": "norms", "doc_type": "agreement", "title_en": "Requirements for construction permits and adjustment of coastal regulatory plans", "title_es": "Requisitos para permisos de construcción y ajuste de planes reguladores en zona marítimo terrestre", "summary_en": "The Costa Rican Tourism Board (ICT) issues a communication to municipalities with coastal zones, establishing requirements for issuing construction permits in the maritime terrestrial zone and for rectifying or adjusting coastal regulatory plans. For construction permits, municipalities must verify that the concession where the project will be developed is registered in the National Registry and corresponds entirely to maritime terrestrial zone land, without any encumbrance from State Natural Heritage as certified by SINAC. If such certification is lacking, the obligation under Article 15 of the Forestry Law (prior classification by MINAE and prohibition on transferring unclassified rural lands) is recalled. The land use certificate must include specific information: name of the regulatory plan, concession details, permitted uses, regulatory limitations, and tie to official IGN boundary markers. For rectifying or adjusting existing regulatory plans, the procedure in Chapter 13 of the Manual for the Preparation of Coastal Regulatory Plans, approved by the ICT in 2013, must be followed.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "17/07/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77889.json", "html_url": "/legal/doc/norm-77889", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77889&strTipM=TC&nValor3=0" }, { "id": "norm-77909", "citation": "Reglamento municipal 214", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Municipal Regulation for the operation and collection of the parks and ornamental works service of Curridabat", "title_es": "Reglamento Municipal para el funcionamiento y cobro del servicio de parques y obras de ornato de Curridabat", "summary_en": "This 2014 regulation from the Municipality of Curridabat establishes rules for the organization, operation, and collection of the municipal service of parks and ornamental works. It defines the activities included in this service, such as lawn mowing, tree pruning, garden maintenance, construction and repair of civil works (sidewalks, paths, storm drains), installation of urban furniture, and collection of green waste. It imposes a quarterly fee on all property owners or possessors in the canton, calculated based on the cost of the service plus a 10% profit for development. The rate may be determined by linear meters of frontage, square meters, housing units, or property value. It also details obligations and prohibitions for users, such as reporting damage or hazards in parks and not dumping waste or making interventions without authorization. Deadlines and procedures for correcting non-compliance are established, with municipal authority to carry out works and charge costs plus a penalty if the user is non-compliant.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/06/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77909.json", "html_url": "/legal/doc/norm-77909", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77909&strTipM=TC&nValor3=0" }, { "id": "norm-77910", "citation": "Reglamento municipal 214-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Curridabat Municipal Storm Drainage Regulation", "title_es": "Reglamento Municipal de Alcantarillado Pluvial de Curridabat", "summary_en": "This municipal regulation from Curridabat governs the organization, operation, and billing of the public storm drainage service in the canton. It defines the stormwater system —pipes, catch basins, manholes, outfalls, and natural watercourses— and lists the activities included in the service: construction, maintenance, cleaning of the network, solid waste removal, technical inspections, and issuance of criteria on fluvial setbacks. It establishes a quarterly fee payable by owners or possessors of properties where stormwater conveyance structures exist and the service is provided. The rate is calculated based on the effective cost of the service plus a 10% development surcharge, using distribution factors such as linear frontage, lot area, housing units, or property value. It imposes obligations on users —such as obtaining authorization for connections, building appropriate downspouts, and maintaining unmanaged ditches or drains— and expressly prohibits discharges of wastewater, solid waste disposal, and construction over the system. Non-compliance empowers the municipality to perform the work and pass on the cost with a penalty.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/06/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77910.json", "html_url": "/legal/doc/norm-77910", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77910&strTipM=TC&nValor3=0" }, { "id": "norm-77911", "citation": "Reglamento municipal 214-B", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Public Roads and Sites Cleaning Regulation of Curridabat", "title_es": "Reglamento de Aseo de Vías y Sitios Públicos de Curridabat", "summary_en": "This municipal regulation establishes the normative framework for the public roads and sites cleaning service in the canton of Curridabat. It defines the service activities, which include cleaning of curbs and gutters, ditches, streets, sidewalks and public lots, as well as tree pruning within the municipal right-of-way. It creates a quarterly fee to finance the service, payable by owners or possessors of properties where there are surface stormwater conveyance structures and the service is provided. The fee is calculated based on effective cost plus a 10% development surcharge, and may be distributed according to frontage, area, dwelling units or property value. It imposes obligations on users, such as maintaining adequate vehicular ramps and reporting dangerous trees, and prohibits improper discharges or obstructions to the stormwater system. In case of non-compliance, the Municipality may notify, carry out the work and pass on the cost with a penalty. The regulation was approved by the Municipal Council at ordinary session 214-2014 of June 12, 2014 and takes effect upon publication in the Official Gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/06/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77911.json", "html_url": "/legal/doc/norm-77911", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77911&strTipM=TC&nValor3=0" }, { "id": "norm-77913", "citation": "Acuerdo 280", "section": "norms", "doc_type": "agreement", "title_en": "Regulatory Measures for the Use of Live Bait", "title_es": "Medidas de ordenamiento para el uso de carnada viva", "summary_en": "This INCOPESCA agreement establishes regulations for the use of live bait by the commercial and sport fishing fleets in the Costa Rican Pacific Ocean. It defines live bait, incidental catch, and prohibition and regulation zones. Directed fishing for sailfish using surface longlines and live bait is prohibited for the non-tourist commercial fleet within 30 miles from the coast, with some exceptions. It mandates the release of live billfish and restricts the catch and commercialization of incidental sailfish (maximum 10% or 15% of total catch). The use of certain species as live bait is prohibited. The agreement aims to promote sustainable use and reduce conflicts between commercial and tourist/sport fishing, applying principles of sustainable development and precaution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77913.json", "html_url": "/legal/doc/norm-77913", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77913&strTipM=TC&nValor3=0" }, { "id": "norm-77920", "citation": "Acuerdo 045", "section": "norms", "doc_type": "agreement", "title_en": "Amendment to the Fisheries Management Plan for the Gulf of Dulce Responsible Fishing Marine Area", "title_es": "Reforma al Plan de Ordenamiento Pesquero del Área Marina de Pesca Responsable Golfo Dulce", "summary_en": "INCOPESCA’s Board of Directors, through Agreement AJDIP/045-2014, approves amendments to the Fisheries Management Plan for the Gulf of Dulce Responsible Fishing Marine Area. The reforms incorporate recommendations from the Technical Directorate (memo DGT-007-02-2014) and the area’s Monitoring Committee. The new provisions specify —for each zone (Outer Gulf, Inner Gulf, and Golfito) and fishery type (small‑scale artisanal and sport‑tourism)— the authorized fishing gear, hook sizes and types, catch limits, and regulations for bait fishing. The amendments notably accept the use of biodegradable traps, adjust hook requirements for different modalities, establish a five‑fish‑per‑day limit for sport fishing, and define the species allowed as bait. The agreement is final and effective upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/02/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77920.json", "html_url": "/legal/doc/norm-77920", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77920&strTipM=TC&nValor3=0" }, { "id": "norm-77939", "citation": "Decreto 38584", "section": "norms", "doc_type": "executive_decree", "title_en": "Appointment of Julio Jurado to CONAGEBIO", "title_es": "Nombramiento de Julio Jurado a la CONAGEBIO", "summary_en": "Executive Decree No. 38584-MINAE of July 2, 2014, appoints Mr. Julio Jurado Fernández as a full member of the National Commission for Biodiversity Management (CONAGEBIO), representing the National System of Conservation Areas (SINAC). The appointment is for a full three-year term, in accordance with Article 15 of the Biodiversity Law No. 7788. CONAGEBIO is a decentralized body of the Ministry of Environment and Energy with instrumental legal status, responsible for functions related to the conservation, ecologically sustainable use, and restoration of biodiversity. The decree also repeals the previous Executive Decree No. 37208-MINAET of July 18, 2012, which had appointed another SINAC representative to CONAGEBIO. This appointment is a routine administrative act to integrate the commission as required by law, and does not address substantive biodiversity management issues. Notably, this decree was later repealed by Article 1 of Executive Decree No. 40443 of May 19, 2017.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "02/07/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77939.json", "html_url": "/legal/doc/norm-77939", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77939&strTipM=TC&nValor3=0" }, { "id": "norm-77953", "citation": "Decreto 38341", "section": "norms", "doc_type": "executive_decree", "title_en": "Budget Increase for SENARA, 2014", "title_es": "Ampliación de Gasto Presupuestario para SENARA, 2014", "summary_en": "This executive decree increases the maximum budgetary expenditure for the National Service for Groundwater, Irrigation, and Drainage (SENARA) for the year 2014 by 62.5 million colones. The funds derive from a specific surplus and are allocated to SENARA's core activities, including hiring specialized labor for tree cutting along the Limoncito River and Quebrada Chocolate, demolition of dwellings for resettlement, and removal of infrastructure obstructing access to sewerage and reduction of urban flooding in Limoncito, Limón. The increase is authorized under the annual budget guidelines and the regulation on the use of specific surplus pursuant to the Financial Administration and Public Budgets Law.", "primary_topic_id": null, "topic_ids": [], "date": "10/04/2014", "year": "2014", "json_url": "/data/legal/docs/norm-77953.json", "html_url": "/legal/doc/norm-77953", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=77953&strTipM=TC&nValor3=0" }, { "id": "norm-78005", "citation": "Ley 9264", "section": "norms", "doc_type": "law", "title_en": "Declaration of the Manatee as National Symbol of Marine Fauna", "title_es": "Declaratoria del Manatí como símbolo nacional de la fauna marina", "summary_en": "Law 9264 declares the manatee (Trichechus manatus) as a national symbol of Costa Rica's marine fauna and as a symbol of the hope and interest of Costa Rican children in the protection of natural resources. The law assigns the Ministry of Environment and Energy (MINAE) the responsibility to enforce all laws and international agreements related to the conservation and protection of manatees and their habitat. It also establishes that government institutions, non-governmental organizations, and private and public enterprises shall promote and collaborate in education and awareness programs aimed at the conservation of the manatee and its habitat, in accordance with the Organic Environmental Law (Law No. 7554). The law is symbolic and educational, without direct criminal or administrative sanctions, but reinforces the legal framework for protecting the species and its environment. It entered into force upon publication.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "environmental-law-7554" ], "date": "07/08/2014", "year": "2014", "json_url": "/data/legal/docs/norm-78005.json", "html_url": "/legal/doc/norm-78005", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=78005&strTipM=TC&nValor3=0" }, { "id": "norm-78009", "citation": "Acuerdo 0 (Servicio Fitosanitario del Estado, 25/09/2014)", "section": "norms", "doc_type": "agreement", "title_en": "Agreement 0 — Information on procedures before the Administrative and Financial Department of the SFE", "title_es": "Acuerdo 0 — Información de los trámites a realizar ante el Departamento Administrativo y Financiero del SFE", "summary_en": "This agreement by the State Phytosanitary Service (SFE) establishes how users can obtain information about the procedures to follow before the Administrative and Financial Department. It is issued to comply with transparency and access to information guidelines, ensuring that any interested party knows the requirements, forms, deadlines, and costs associated with the administrative procedures of this department. Although the SFE has functions related to phytosanitary protection and, in some cases, the control of pests or species that could affect the environment, this document itself is limited to internal user information management, without establishing substantive environmental regulations. Therefore, its content is purely procedural and does not address issues such as environmental impact assessment, conservation of natural resources, biodiversity, or any other environmental matter protected by Costa Rican law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/09/2014", "year": "2014", "json_url": "/data/legal/docs/norm-78009.json", "html_url": "/legal/doc/norm-78009", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=78009&strTipM=TC&nValor3=0" }, { "id": "norm-78382", "citation": "Decreto 38560", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of Longo Mai Private National Wildlife Refuge", "title_es": "Crea el Refugio Nacional de Vida Silvestre Longo Mai categoría privada", "summary_en": "This executive decree creates the Longo Mai National Wildlife Refuge, a private-category refuge, over 452 hectares owned by ACE Longo Mai, Sociedad de Responsabilidad Limitada, in Buenos Aires de Puntarenas. The declaration responds to a voluntary application by the landowner under Article 82 of the Wildlife Conservation Law, aiming to protect tropical wet forest and premontane rain forest ecosystems that harbor numerous plant and animal species, some endangered. The refuge is established for a ten-year term, automatically renewable for equal periods unless the owner requests declassification three months before expiration. The owner assumes responsibility for administration, monitoring, and maintenance, under the supervision of the La Amistad Pacífico Conservation Area, to which annual reports must be submitted. Any activity threatening flora and fauna is prohibited without SINAC authorization. The decree grants the owner the incentives provided in the Wildlife Law and clarifies that the land remains subject to Forestry Law restrictions and other environmental legislation even after a potential declassification.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "forestry-law-7575" ], "date": "10/07/2014", "year": "2014", "json_url": "/data/legal/docs/norm-78382.json", "html_url": "/legal/doc/norm-78382", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=78382&strTipM=TC&nValor3=0" }, { "id": "norm-78391", "citation": "Decreto 38678", "section": "norms", "doc_type": "executive_decree", "title_en": "Prohibition of aldicarb pesticide", "title_es": "Prohibición del plaguicida aldicarb", "summary_en": "Decree 38678-MAG-S-MINAE-MTSS completely bans the registration, import, export, manufacturing, formulation, storage, distribution, transport, repackaging, rebottling, handling, sale, mixing and use of technical-grade active ingredients and formulated synthetic pesticides containing aldicarb in Costa Rica. It is based on aldicarb's high toxicity, risks to human health and the environment, and its inclusion in Annex III of the Rotterdam Convention. The previous decree (34147) that only regulated its use is repealed. The decision acknowledges that previous controls were insufficient to eliminate occupational and environmental risks, and alternatives exist for crops where aldicarb was permitted. A six-month transitional period is granted to exhaust stocks, after which the State Phytosanitary Service will cancel all registrations.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "wildlife-law-7317", "soil-conservation-7779", "environmental-law-7554" ], "date": "15/05/2014", "year": "2014", "json_url": "/data/legal/docs/norm-78391.json", "html_url": "/legal/doc/norm-78391", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=78391&strTipM=TC&nValor3=0" }, { "id": "norm-78825", "citation": "Acuerdo 26", "section": "norms", "doc_type": "agreement", "title_en": "Instruction for co-management governance model in Cahuita National Park", "title_es": "Instrucción para modelo de gobernanza de comanejo en Parque Nacional Cahuita", "summary_en": "Executive Agreement Nº 26-2014-MINAE instructs the National Council of Conservation Areas (CONAC), together with representatives of the Cahuita community, to establish within six months the necessary technical and legal conditions for the co-management governance model in Cahuita National Park to continue operating. It recognizes co-management as an integral and participatory management alternative that promotes conservation of cultural and biological diversity, sustainable use of natural resources, and fair benefit sharing. It is based on the constitutional right to a healthy environment, the participatory principles of Rio Principle 10, the Convention on Biological Diversity, the Biodiversity Law, and the multi-participatory model in place since 1994. The agreement formalizes and strengthens this form of shared governance among MINAE, SINAC, and community organizations, ensuring adequate local representation and control mechanisms.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788", "biological-corridors" ], "date": "14/11/2014", "year": "2014", "json_url": "/data/legal/docs/norm-78825.json", "html_url": "/legal/doc/norm-78825", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=78825&strTipM=TC&nValor3=0" }, { "id": "norm-78853", "citation": "Ley 9286", "section": "norms", "doc_type": "law", "title_en": "Expropriation Law", "title_es": "Ley de Expropiaciones", "summary_en": "This law governs the forced expropriation procedure for public interest reasons in Costa Rica. It provides that expropriation must be based on a legally proven public interest and requires prior payment of fair compensation to the owner. It defines the administrative and judicial stages of the process, including the declaration of public interest, the appraisal of the property, the possibility of direct transfer if there is agreement on the value, and the judicial process for setting fair compensation when there is disagreement. It details the rights of expropriated parties, the passive subjects, the intervention of the Attorney General's Office and the National Children's Institute when minors or incapacitated persons are involved, and the participation of expert appraisers. It also regulates partial expropriations, temporary occupation, easements, and the restitution of unused properties after ten years. It emphasizes that in no case may compensation exceed the highest estimated amount in the appraisals and sets deadlines and responsibilities for officials.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/11/2014", "year": "2014", "json_url": "/data/legal/docs/norm-78853.json", "html_url": "/legal/doc/norm-78853", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=78853&strTipM=TC&nValor3=0" }, { "id": "norm-78857", "citation": "Decreto 38027", "section": "norms", "doc_type": "executive_decree", "title_en": "Minimum landing sizes for sharks and rays", "title_es": "Tallas de primera madurez para tiburones y rayas", "summary_en": "This Executive Decree 38027-MAG establishes first-maturity sizes (TPM) for the capture and marketing of eight shark species, with the goal of ensuring that specimens reproduce at least once before being caught. The regulation sets a specific TPM for each species (measured as total length, dorsal-precordal length, or interdorsal length) and allows tolerance percentages for landing individuals below that size, with a maximum implementation period of 24 months. Additionally, it precautionarily prohibits the capture and use of three ray species (manta, devil, and whiptail) and the oceanic whitetip shark, in line with international resolutions from CITES and IATTC. The decree instructs INCOPESCA to maintain updated technical studies to protect shark populations within a sustainable-use framework.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "19/11/2013", "year": "2013", "json_url": "/data/legal/docs/norm-78857.json", "html_url": "/legal/doc/norm-78857", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=78857&strTipM=TC&nValor3=0" }, { "id": "norm-79183", "citation": "Decreto 38882", "section": "norms", "doc_type": "executive_decree", "title_en": "Transfer of INBIO ex situ biological collection to National Museum", "title_es": "Entrega al Museo Nacional de la colección biológica ex situ del INBIO", "summary_en": "Executive Decree 38882 regulates the transfer of all ex situ biological collections and associated information from the National Biodiversity Institute (INBIO) to the National Museum of Costa Rica for custody, conservation, and research. It declares these collections—and any others held by the Museum—to be of national and cultural public interest. An inter-institutional Commission is created to coordinate the process, a prior audit is ordered, asset donation is formalized, and the integrity, access, and use of the collections are safeguarded. The decree addresses INBIO’s decision to return the holdings to the State due to financial constraints, affirming that they are strategic natural and cultural heritage.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "24/02/2015", "year": "2015", "json_url": "/data/legal/docs/norm-79183.json", "html_url": "/legal/doc/norm-79183", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=79183&strTipM=TC&nValor3=0" }, { "id": "norm-79191", "citation": "Decreto 38834", "section": "norms", "doc_type": "executive_decree", "title_en": "Endosulfan ban with temporary exception for coffee", "title_es": "Prohibición del endosulfán con excepción temporal para café", "summary_en": "This executive decree bans in Costa Rica the registration, import, export, manufacture, formulation, storage, distribution, transport, repackaging, refilling, handling, sale, mixing, and use of technical-grade active ingredients and formulated synthetic pesticides containing the active ingredient endosulfan. The ban is based on unacceptable risks to human health and the environment, the high persistence, bioaccumulation and toxicity of endosulfan, and international commitments. A temporary exception is established for coffee cultivation, allowing its use for 24 months only against the coffee berry borer, under professional prescription and strict traceability controls via a logbook. After that period, all registrations will be canceled and total prohibition will apply. The decree repeals previous regulation and instructs the ministries of Agriculture, Health, Environment and Labor to enforce compliance, providing for sanctions under national legislation.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "15/05/2014", "year": "2014", "json_url": "/data/legal/docs/norm-79191.json", "html_url": "/legal/doc/norm-79191", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=79191&strTipM=TC&nValor3=0" }, { "id": "norm-79210", "citation": "Decreto 38863", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the processing of permits and control of timber harvesting on agricultural land without forest and special situations", "title_es": "Reglamento para el trámite de permisos y control del aprovechamiento maderable en terrenos de uso agropecuario, sin bosque y situaciones especiales", "summary_en": "This Executive Decree No. 38863-MINAE standardizes the procedure for processing timber harvesting permits on agricultural land without forest and in special situations in Costa Rica. It establishes permit categories: small (up to 10 trees per property per year), forest inventories (more than 10 trees), and special permits (national convenience projects, road infrastructure). It regulates general and specific requirements, including forest inventory submission, cadastral plans, registry certifications, and forest management contracts. It mandates the use of the 2000 Forest Cover Map to verify that areas to be intervened are not forest, and sets the maximum number of trees authorized at 3 per hectare of effective area. It also formalizes the Forest Harvesting Control Information System (SICAF) and details control devices (guides and tags) for timber transport. Forest plantations, agroforestry systems, and individually planted trees are exempt from permits but require a certificate of origin. Provisions for timber donation to schools and judicial interdicts are included.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "11/11/2014", "year": "2014", "json_url": "/data/legal/docs/norm-79210.json", "html_url": "/legal/doc/norm-79210", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=79210&strTipM=TC&nValor3=0" }, { "id": "norm-79236", "citation": "Decreto 38953", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the allocation of compensation measures granted to the Argentine Republic and the Eastern Republic of Uruguay", "title_es": "Reglamento para la asignación de las medidas de compensación otorgadas a la República Argentina y República Oriental del Uruguay", "summary_en": "This executive decree establishes the mechanism to allocate tariff-rate quotas granted to Argentina and Uruguay as compensation for the safeguard measure imposed by Costa Rica on milled rice imports, in force from 2015 to 2018. It defines competent authorities, volumes and preferential tariffs for paddy, milled and parboiled rice, and procedures for calls, applications and allocations. Quotas are distributed based on applicants' import history (for milled and parboiled rice) or their national harvest purchases (for paddy rice). It includes rules for returning volumes, allocating surpluses and adjustments for non-compliance. This regulation is purely commercial and contains no environmental provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/03/2015", "year": "2015", "json_url": "/data/legal/docs/norm-79236.json", "html_url": "/legal/doc/norm-79236", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=79236&strTipM=TC&nValor3=0" }, { "id": "norm-79323", "citation": "Decreto 38883", "section": "norms", "doc_type": "executive_decree", "title_en": "Call for Extraordinary Sessions to Consider Legislative Bills", "title_es": "Convocatoria a sesiones extraordinarias para proyectos de ley", "summary_en": "Executive Decree No. 38883-MP expands the call for extraordinary sessions of the Legislative Assembly, originally made by Executive Decree No. 38734-MP. The expansion allows the Legislative Branch to consider two specific bills: File No. 18.629, which proposes a constitutional reform to article 51 to guarantee special state protection for persons with disabilities, and File No. 19.318, which creates a program to support and reactivate MSMEs in the Costa Rican tourism sector. This is a purely procedural act by the Executive Branch exercising its constitutional power to call extraordinary sessions, without any environmental or substantive regulatory content. The decree takes effect on February 26, 2015, and establishes no environmental regulations, obligations, or provisions, making it irrelevant to Costa Rican environmental law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/02/2015", "year": "2015", "json_url": "/data/legal/docs/norm-79323.json", "html_url": "/legal/doc/norm-79323", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=79323&strTipM=TC&nValor3=0" }, { "id": "norm-79332", "citation": "Decreto 38975", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the IDA to INDER Transformation Law", "title_es": "Reglamento a la Ley de Transformación del IDA en INDER", "summary_en": "This repealed executive decree implemented Law 9036, governing the transformation of the Agrarian Development Institute (IDA) into the Rural Development Institute (INDER). It established definitions, principles, and procedures for territorial rural development planning and execution, emphasizing inter-institutional coordination, social actor participation, and priority for less-developed territories. It created the Land Fund and Rural Development Fund, detailing their services, beneficiary selection requirements (natural persons and non-profit legal entities) through suitability studies, and land provision models (allocation and lease). It also regulated the Rural Credit System, inspection, rights revocation, administrative eviction procedures, and public property validation to regularize occupations. Environmental requirements included MINAE classification to exclude State Natural Heritage lands and soil use compliance.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "soil-conservation-7779" ], "date": "23/03/2015", "year": "2015", "json_url": "/data/legal/docs/norm-79332.json", "html_url": "/legal/doc/norm-79332", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=79332&strTipM=TC&nValor3=0" }, { "id": "norm-79355", "citation": "Decreto 38928", "section": "norms", "doc_type": "executive_decree", "title_en": "Sanitary Landfill Regulation", "title_es": "Reglamento sobre Rellenos Sanitarios", "summary_en": "This regulation, under Law 8839 on Integrated Waste Management, sets the physical and sanitary requirements for sanitary landfills in Costa Rica, covering siting, design, construction, operation, maintenance, and closure. Landfills are classified as manual or mechanized based on daily waste tonnage (threshold: 40 tons). It details procedures with the Ministry of Health: location permit, construction plan review, and sanitary operation permit, also requiring SETENA environmental feasibility and municipal land-use compatibility. Technical specifications include cell waterproofing, leachate and gas management, and groundwater monitoring. It prohibits scavengers in active cells, waste burning, and creation of new open dumps. Closure and conversion of existing dumps are also regulated. The goal is public health and environmental protection, preventing contamination of soil, water, and air.", "primary_topic_id": "_off-topic", "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "14/11/2014", "year": "2014", "json_url": "/data/legal/docs/norm-79355.json", "html_url": "/legal/doc/norm-79355", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=79355&strTipM=TC&nValor3=0" }, { "id": "norm-7936", "citation": "Ley 6934", "section": "norms", "doc_type": "law", "title_en": "Amendment to the National Registry Law", "title_es": "Reforma Ley del Registro Nacional", "summary_en": "This law amends and adds articles to the National Registry Law (Law No. 5695) in order to modernize and unify public registries, including the Real Property Registry, the Movable Property Registry, the Industrial Property Registry, and the National Cadastre. It defines the composition of the Administrative Board, the functions of the Director General, and establishes provisions regarding board member fees, a savings and loan fund, a pension scheme, and insurance to indemnify users. Although the norm regulates organizational aspects of the National Registry, it contains no substantive provisions on environmental matters. It does not address land-use change, forestry protection, environmental impact assessment, biodiversity, wildlife, water, soils, indigenous territories, archaeological heritage, landscape, biological corridors, environmental criminal liability, environmental procedures, lands of the National Natural Patrimony, or subdivision of forested lots. Therefore, this law is unrelated to the Costa Rican environmental law field.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/1983", "year": "1983", "json_url": "/data/legal/docs/norm-7936.json", "html_url": "/legal/doc/norm-7936", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=7936&strTipM=TC&nValor3=0" }, { "id": "norm-79774", "citation": "Acuerdo 4975", "section": "norms", "doc_type": "agreement", "title_en": "General Methodology for the Preparation of Hydrogeological Studies for Regulatory Plans", "title_es": "Metodología General para la Elaboración de los Estudios Hidrogeológicos para los Planes Reguladores", "summary_en": "This SENARA ruling approves the general methodology and terms of reference for hydrogeological studies required to incorporate groundwater considerations into cantonal regulatory plans. It establishes a three‑phase process: a hydrogeological diagnosis to map zones with sufficient information; a detailed study covering geology, soil hydraulic properties, a conceptual hydrogeological model, potential recharge, intrinsic vulnerability to contamination, and water‑source protection zones; and a management‑policy phase in consultation with municipalities. The methodology specifies cartographic products, working scales, infiltration‑test density, requirements for wells and springs, and methods for delimiting protection zones under Forestry Law 7575 and Water Law 276. It also defines the lead‑investigator profile and guidelines for the final hydrogeological zoning that will guide land use in the canton.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "16/07/2015", "year": "2015", "json_url": "/data/legal/docs/norm-79774.json", "html_url": "/legal/doc/norm-79774", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=79774&strTipM=TC&nValor3=0" }, { "id": "norm-79795", "citation": "Acuerdo 253", "section": "norms", "doc_type": "agreement", "title_en": "Declaration of a strategic reserve zone for drinking water supply in the Banano River basin", "title_es": "Declaratoria de zona de reserva estratégica para abastecimiento de agua potable en la cuenca del Río Banano", "summary_en": "AyA Agreement 253 declares an area of 92.87 km² in the Banano River basin as a strategic zone that must be protected and conserved to secure the drinking water supply for the 'Agua para Limón' project and peripheral communities. It is based on hydrological studies conducted over more than 40 years that demonstrate the basin's priority importance. The agreement prohibits activities such as well drilling, construction of septic tanks, extraction of alluvial materials, river channel diversion, waste dumping, pesticide use, and fishing with poison. It mandates that any environmental or health permit in the zone must have prior technical input from AyA. The polygon is delimited by a boundary with 697 vertices, partially covering the La Amistad International Park and the Banano River Protected Zone.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "22/06/2015", "year": "2015", "json_url": "/data/legal/docs/norm-79795.json", "html_url": "/legal/doc/norm-79795", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=79795&strTipM=TC&nValor3=0" }, { "id": "norm-80047", "citation": "Decreto 38924", "section": "norms", "doc_type": "executive_decree", "title_en": "Drinking Water Quality Regulation", "title_es": "Reglamento para la Calidad del Agua Potable", "summary_en": "Executive Decree No. 38924-S establishes Costa Rica's national drinking water quality regulation, setting maximum admissible values (VMA) and alert values (VA) for physical, chemical, and microbiological parameters that all public and private water supply systems must meet. It defines four control levels (N1 to N4) with increasing requirements, from basic operational monitoring to advanced programs covering pesticides and emerging contaminants. The Ministry of Health is charged with surveillance and the authority to issue sanitary orders; operators must hold a Sanitary Operating Permit, submit semi-annual reports, implement a Quality Control Program and a Water Safety Plan. It includes specific procedures when pesticide alert values are exceeded, involving risk assessment, preventive source closure, and the determination of risk-adjusted maximum admissible values (VMAAR).", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "12/01/2015", "year": "2015", "json_url": "/data/legal/docs/norm-80047.json", "html_url": "/legal/doc/norm-80047", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=80047&strTipM=TC&nValor3=0" }, { "id": "norm-80064", "citation": "Decreto 39150", "section": "norms", "doc_type": "executive_decree", "title_en": "Transition Regulation for Land-Use Plans", "title_es": "Reglamento de Transición para Planes Reguladores", "summary_en": "This decree provides streamlining tools for the review and approval of cantonal and coastal land-use plans during a two-year transition period (originally through 2025, extended). It responds to a chronic lack of updated plans and the absence of detailed technical data on hydrogeological vulnerability, natural hazards, and soil capability. Municipalities may use exceptions in SETENA's environmental review, 1992 soil maps, CNE hazard data, and classification of State Natural Heritage without full registration. Those using these tools must later incorporate new data produced by institutions. The regulation seeks to balance territorial development and environmental protection.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "11/08/2015", "year": "2015", "json_url": "/data/legal/docs/norm-80064.json", "html_url": "/legal/doc/norm-80064", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=80064&strTipM=TC&nValor3=0" }, { "id": "norm-80322", "citation": "Tratados Internacionales 9321", "section": "norms", "doc_type": "treaty", "title_en": "Port State Measures Agreement (PSMA)", "title_es": "Acuerdo sobre Medidas del Estado Rector del Puerto (MERP)", "summary_en": "This instrument is the law approving Costa Rica's adhesion to the FAO Port State Measures Agreement (PSMA). Through Executive Decree No. 39299, Costa Rica joined this binding international treaty, which sets minimum standards for port states to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing. The PSMA requires the designation of ports, advance entry requests with detailed information, authorization or denial of entry, mandatory inspections, prohibition of port use for landing and services to offending vessels, and denial of entry to vessels listed by regional fisheries management organizations. It also provides for international cooperation, electronic information exchange, measures for developing countries, and dispute settlement mechanisms. Its objective is to protect living marine resources and ecosystems, promoting sustainable use and long-term conservation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/08/2015", "year": "2015", "json_url": "/data/legal/docs/norm-80322.json", "html_url": "/legal/doc/norm-80322", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=80322&strTipM=TC&nValor3=0" }, { "id": "norm-80581", "citation": "Ley 9329", "section": "norms", "doc_type": "law", "title_en": "Special Law for the Transfer of Powers: Full and Exclusive Management of the Cantonal Road Network", "title_es": "Ley Especial para la Transferencia de Competencias: Atención Plena y Exclusiva de la Red Vial Cantonal", "summary_en": "Law No. 9329 transfers full and exclusive competence to local governments over the cantonal road network, including sidewalks, cycle paths, bridges, and green areas within right-of-way. It establishes financing through a portion of the single fuel tax (22.25% to municipalities), distribution criteria (road network length, Cantonal Social Development Index, equal parts), and coordination with the Ministry of Public Works and Transport (MOPT). It also allows exceptional intervention in national road segments when MOPT fails to address safety risks. The law amends Laws No. 3155 and No. 8114. Although not primarily environmental, the cantonal road network includes green and ornamental areas, and funding partly comes from a fuel tax that also supports environmental services.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/10/2015", "year": "2015", "json_url": "/data/legal/docs/norm-80581.json", "html_url": "/legal/doc/norm-80581", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=80581&strTipM=TC&nValor3=0" }, { "id": "norm-8072", "citation": "Ley 7032", "section": "norms", "doc_type": "law", "title_en": "Forestry Law (1986)", "title_es": "Ley Forestal (1986)", "summary_en": "Law 7032, enacted on August 1, 1986, comprehensively reformed the previous Forestry Law (No 4465 of 1969) to establish a new legal framework for the protection, conservation, use, industrialization, administration and promotion of Costa Rica's forest resources. It declares forests and forest-aptitude lands to be of public utility and places all such areas under the regulation of the General Forestry Directorate. The statute defines the State Forest Estate, comprised of forest reserves, protective zones, national parks, wildlife refuges and biological reserves, which are unseizable and inalienable. The law requires approved forest management plans for any logging or exploitation on public or private lands, and criminalizes invasions, illegal logging, forest fires and unpermitted industrial operations. It introduces economic instruments such as the forest credit certificate and the Forest Fund to incentivize reforestation. The Constitutional Chamber annulled this law in its entirety through Resolution No 546-1990 of May 22, 1990, for violating constitutional provisions on property and legislative procedure.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "02/05/1986", "year": "1986", "json_url": "/data/legal/docs/norm-8072.json", "html_url": "/legal/doc/norm-8072", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8072&strTipM=TC&nValor3=0" }, { "id": "norm-80985", "citation": "Ley 9343", "section": "norms", "doc_type": "law", "title_en": "Labor Procedural Reform", "title_es": "Reforma Procesal Laboral", "summary_en": "This law comprehensively reforms the Costa Rican labor procedure, amending entire titles of the Labor Code. It regulates legal and illegal strikes and lockouts in detail, establishing requirements for calling strikes, support thresholds, voting procedures supervised by the Ministry of Labor, and grounds for illegality. It defines violations of labor laws and their penalties, including a system of escalating fines. It prohibits labor discrimination on multiple grounds and establishes procedures for claims. It reforms the statute of limitations for labor rights and disciplinary sanctions. It introduces a special labor jurisdiction with its own principles such as orality, speed, immediacy, and free access. It creates a predominantly oral and concentrated ordinary procedure, regulates special processes such as the protection of union, maternity, and discrimination privileges, and establishes a system for appeals and enforcement of judgments. It also incorporates alternative dispute resolution through conciliation, mediation, and arbitration, including a specialized labor arbitration procedure. The reform aims to modernize and streamline labor justice, protect workers' rights, and promote social peace.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/01/2016", "year": "2016", "json_url": "/data/legal/docs/norm-80985.json", "html_url": "/legal/doc/norm-80985", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=80985&strTipM=TC&nValor3=0" }, { "id": "norm-81042", "citation": "Decreto 39471", "section": "norms", "doc_type": "executive_decree", "title_en": "Simplified registration of low-risk cosmetics and foods", "title_es": "Registro simplificado de cosméticos y alimentos de bajo riesgo", "summary_en": "This executive decree establishes a simplified procedure for the sanitary registration of low-risk cosmetics and foods listed in an annex. Interested parties may voluntarily opt for this route, which reduces the resolution period to 5 business days, provided they submit the complete documentation required by applicable Central American regulations. The decree details the application mechanism through the 'Regístrelo' portal, the possibility of a single 10-day prevention period to correct deficiencies, and the conditions for rejection. Registration validity is 5 years. It also regulates subsequent market surveillance of the product, as well as grounds for registration cancellation, including health alerts, non-compliance with requirements, document falsification, or quality and safety issues detected during controls. Health authorities may detain, confiscate, or withdraw products in case of irregularities. The decree was subsequently repealed by Executive Decree No. 43291 of 2021.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/01/2016", "year": "2016", "json_url": "/data/legal/docs/norm-81042.json", "html_url": "/legal/doc/norm-81042", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=81042&strTipM=TC&nValor3=0" }, { "id": "norm-81125", "citation": "Decreto 39411", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Rational Use of Aquatic Resources in Wetlands", "title_es": "Reglamento para el Aprovechamiento Racional de los Recursos Acuáticos en Humedales", "summary_en": "This executive decree establishes the framework for the rational use of aquatic resources in mangroves and other wetlands, as part of the General Management Plans for Protected Wild Areas. It provides that the use of mollusks, crustaceans, and polychaetes may only be carried out by legally constituted local associations and cooperatives, once joint management plans between MINAE-SINAC and INCOPESCA are approved. While those plans are being formulated, temporary permits are authorized based on rapid ecological assessments. Works that alter water flow and ecosystem sustainability are prohibited, and authorized organizations are exempt from permit fees. The regulation repeals Decree 28474-MINAE and is based on the Ramsar Convention, the Convention on Biological Diversity, and numerous national laws.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "biodiversity-law-7788", "wildlife-law-7317", "environmental-law-7554" ], "date": "02/09/2015", "year": "2015", "json_url": "/data/legal/docs/norm-81125.json", "html_url": "/legal/doc/norm-81125", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=81125&strTipM=TC&nValor3=0" }, { "id": "norm-81184", "citation": "Ley 9348", "section": "norms", "doc_type": "law", "title_en": "Ostional Wildlife Refuge Law", "title_es": "Ley del Refugio de Vida Silvestre Ostional", "summary_en": "This law establishes a special legal framework for the Ostional Wildlife Refuge, originally created in 1983. It governs land use, provides legal certainty to current occupants through a system of concessions and use permits, and promotes the conservation of sea turtles and associated ecosystems. It defines categories of uses compatible, potentially compatible, and incompatible with conservation objectives. Concessions are granted for 25 years, renewable, to occupants meeting tenure and nationality requirements, subject to the General Management Plan and approval by the Tempisque Conservation Area. The law also regulates the use of private lands within the refuge, credit incentives for concessionaires, and eviction and cancellation procedures. It was annulled by the Constitutional Chamber in 2022.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788" ], "date": "08/02/2016", "year": "2016", "json_url": "/data/legal/docs/norm-81184.json", "html_url": "/legal/doc/norm-81184", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=81184&strTipM=TC&nValor3=0" }, { "id": "norm-81210", "citation": "Decreto 39462", "section": "norms", "doc_type": "executive_decree", "title_en": "Officialization of the Action Plan for Responsible Pineapple Production and Trade and Creation of the Follow-up Committee", "title_es": "Oficialización del Plan de Acción para la Producción y Comercio Responsable de Piña y Creación del Comité de Seguimiento", "summary_en": "This Executive Decree No. 39462 officializes the actions led by the Costa Rican State to strengthen responsible pineapple production and trade, derived from a multisectoral dialogue. It establishes an Action Plan with strategic lines and specific tasks involving public institutions (MAG, MINAE, MTSS, MS) and other actors, with set deadlines for implementation. The actions cover: adoption of best practices in soil use and conservation, consolidation of research and technology transfer, promotion of norms and oversight on agrochemicals, integrated pest management, ensuring legal compliance of pineapple farms, community dialogue and transparency, climate change adaptation, financial incentives, market differentiation, water resource protection, and promotion of organic production. It creates a multisectoral National Follow-up Committee, chaired by MAG, with monitoring, accountability, and coordination functions, which must meet every six months and regulate its operation. The decree seeks to address complaints about the social and environmental impacts of pineapple, within the framework of the constitutional right to a healthy and ecologically balanced environment.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "soil-conservation-7779" ], "date": "26/10/2015", "year": "2015", "json_url": "/data/legal/docs/norm-81210.json", "html_url": "/legal/doc/norm-81210", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=81210&strTipM=TC&nValor3=0" }, { "id": "norm-81286", "citation": "Decreto 39341", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Sanctions for Unauthorized Access to Genetic and Biochemical Resources", "title_es": "Reglamento de Sanciones por Acceso No Autorizado a Recursos Genéticos y Bioquímicos", "summary_en": "This executive decree establishes the administrative sanctioning procedure to apply fines and measures provided in Articles 112 and 113 of the Biodiversity Law No. 7788, in cases of unauthorized access to genetic and biochemical resources of Costa Rican biodiversity. It defines unauthorized access as access carried out without a permit from the CONAGEBIO Technical Office, or that does not respect the terms of the prior informed consent. It regulates all stages of the procedure, from the complaint or ex officio action, preliminary investigation, oral and private hearing, to the final resolution. It includes the possibility of conciliation between the resource provider and the alleged offender, which must be approved by the OT and can avoid the imposition of a fine if it satisfies the public interest. It provides for precautionary measures and criteria for grading sanctions according to the seriousness of the infraction, such as intent, benefit obtained, environmental impact, and recidivism. Fines range from one to twelve base salaries.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "04/08/2015", "year": "2015", "json_url": "/data/legal/docs/norm-81286.json", "html_url": "/legal/doc/norm-81286", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=81286&nValor3=103582&strTipM=TC" }, { "id": "norm-81291", "citation": "Decreto 39519", "section": "norms", "doc_type": "executive_decree", "title_en": "Recognition of governance models in protected wild areas", "title_es": "Reconocimiento de los modelos de gobernanza en áreas silvestres protegidas", "summary_en": "Executive Decree No. 39519-MINAE, signed in Cahuita in 2016, formally recognizes and defines four governance models for Costa Rica's protected wild areas: governmental, shared, private, and by indigenous peoples and local communities. It is grounded in the Political Constitution, the Convention on Biological Diversity, the Organic Environmental Law, the Biodiversity Law, and the Forestry Law, as well as international guidelines such as the Programme of Work on Protected Areas and Principle 10 of the Rio Declaration. The decree establishes principles for governance quality—legitimacy, subsidiarity, direction, performance, accountability, and justice—and instructs MINAE and SINAC to consolidate a participatory and representative conservation system. Its aim is to promote inclusive, transparent, and equitable management that ensures the provision of ecosystem services and the fulfillment of conservation objectives, while respecting the rights of local communities and indigenous peoples.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788", "forestry-law-7575", "environmental-law-7554" ], "date": "26/02/2016", "year": "2016", "json_url": "/data/legal/docs/norm-81291.json", "html_url": "/legal/doc/norm-81291", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=81291&strTipM=TC&nValor3=0" }, { "id": "norm-81360", "citation": "Ley 9342", "section": "norms", "doc_type": "law", "title_en": "Civil Procedure Code — Reversal of Burden of Proof in Environmental Matters", "title_es": "Código Procesal Civil — Inversión de la Carga de la Prueba en Materia Ambiental", "summary_en": "The Costa Rican Civil Procedure Code (Law 9342) governs civil and commercial proceedings, encompassing procedural principles, jurisdiction, procedural activity, dispute resolution, and enforcement. Article 41.1, subsection 3, introduces a pivotal rule for environmental law: in administrative or judicial proceedings concerning environmental protection, the burden of proof is reversed in favor of the affected party. Thus, in environmental litigation, the alleged polluter must demonstrate that their activity causes no harm, rather than the victim having to prove damage. This provision facilitates access to environmental justice, aligning with environmental law principles such as the precautionary principle and effective environmental protection. While the Code applies broadly, this specific norm strengthens environmental safeguards within the civil procedural framework, enabling courts to apply distributive justice criteria in evidence assessment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "03/02/2016", "year": "2016", "json_url": "/data/legal/docs/norm-81360.json", "html_url": "/legal/doc/norm-81360", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=81360&strTipM=TC&nValor3=0" }, { "id": "norm-8148", "citation": "Ley 6867", "section": "norms", "doc_type": "law", "title_en": "Patents, Industrial Designs, and Utility Models Law", "title_es": "Ley de Patentes de Invención, Dibujos y Modelos Industriales y Modelos de Utilidad", "summary_en": "This law establishes the legal framework for the protection of inventions, industrial designs, and utility models in Costa Rica. It defines patentable subject matter, the requirements of novelty, inventive step, and industrial applicability, and lists exclusions from patentability, including inventions whose commercial exploitation must be prevented to avoid serious environmental harm. It governs the application procedure, formal and substantive examination, opposition, grant, term (20 years), and grounds for invalidity and lapse of patents. It also provides for compulsory licenses in cases of public interest, public health, non-working, or anti-competitive practices, and empowers the Executive Branch to grant public interest licenses by decree. Industrial designs (up to 10 years) and utility models are also protected, and official fees are set.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/04/1983", "year": "1983", "json_url": "/data/legal/docs/norm-8148.json", "html_url": "/legal/doc/norm-8148", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8148&strTipM=TC&nValor3=0" }, { "id": "norm-81566", "citation": "Decreto 39688", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on granting concessions in border strips", "title_es": "Reglamento al otorgamiento de concesiones en franjas fronterizas", "summary_en": "This decree establishes the regulatory framework for the Rural Development Institute (INDER) to administer and grant concessions over land in Costa Rica's northern and southern border strips. It defines eligibility conditions, permitted uses (agricultural, commercial, industrial, residential, mixed, and community services), area and quantity limits, and the application procedure, including mandatory publication of opposition notices. It regulates fees, renewals, transfers, causes for expiration and cancellation, and establishes citizen oversight. It expressly excludes land affecting the State's Natural Heritage, maritime-terrestrial zone, public water domain, water source protection perimeters, archaeological heritage, and indigenous territories.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "22/04/2016", "year": "2016", "json_url": "/data/legal/docs/norm-81566.json", "html_url": "/legal/doc/norm-81566", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=81566&strTipM=TC&nValor3=0" }, { "id": "norm-81635", "citation": "Decreto 39627", "section": "norms", "doc_type": "executive_decree", "title_en": "National Commission for Lionfish Management, Control, and Use", "title_es": "Comisión Nacional para el Manejo, Control y Aprovechamiento del Pez León", "summary_en": "This executive decree creates the National Commission for the Management, Control, and Use of Lionfish as a permanent, inter-institutional collegiate body. Its purpose is to coordinate national efforts to control the invasion of the lionfish (Pterois volitans and P. miles), an invasive exotic species threatening marine biodiversity and fisheries on Costa Rica's Caribbean coast. The commission is composed of representatives from public institutions such as MINAE, MAG, INCOPESCA, SINAC, ICT, state universities, and representatives from the private sector and community organizations. It is tasked with proposing the national strategy, acting as an advisory body, coordinating monitoring and early warning, and disseminating information. The decree declares actions for management and use to control the invasion to be of public interest.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "08/04/2016", "year": "2016", "json_url": "/data/legal/docs/norm-81635.json", "html_url": "/legal/doc/norm-81635", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=81635&strTipM=TC&nValor3=0" }, { "id": "norm-81812", "citation": "Decreto 39660", "section": "norms", "doc_type": "executive_decree", "title_en": "Prioritization Policies and Criteria for the Payment for Environmental Services Program", "title_es": "Políticas y Criterios de Priorización del Programa de Pago por Servicios Ambientales", "summary_en": "This executive decree formalizes the policies and prioritization criteria for the Payment for Environmental Services (PES) Program for the 2016-2021 period, in accordance with Forestry Law No. 7575 and the Organic Environmental Law. It establishes four strategic policies: promoting environmental protection and improvement in selected areas; managing the program with inter-institutional coordination and access for small producers; encouraging public participation and awareness of environmental services; and strengthening monitoring and impact evaluation. It defines prioritization criteria for reforestation, forest protection, agroforestry systems, natural regeneration, and forest management activities, including priority areas such as biological corridors, indigenous territories, and sites of conservation importance. The decree also enables the establishment of scoring for these criteria and different priorities based on agreements with funding entities.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "environmental-law-7554", "indigenous-law-6172", "biological-corridors" ], "date": "26/01/2016", "year": "2016", "json_url": "/data/legal/docs/norm-81812.json", "html_url": "/legal/doc/norm-81812", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=81812&strTipM=TC&nValor3=0" }, { "id": "norm-81891", "citation": "Decreto 39747", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Creation and Operation of the National Ecological Monitoring Program", "title_es": "Reglamento de Creación y Funcionamiento del Programa Nacional de Monitoreo Ecológico", "summary_en": "This executive decree creates the National Ecological Monitoring Program (PRONAMEC), attached to SINAC, to generate and disseminate reliable scientific information on the state and trends of the country's biodiversity in terrestrial, freshwater, and marine environments. It establishes its organization through a Steering Committee, a Technical Secretariat, regional and national Interpretive Forums, and an Ecological Monitoring Network. It details the functions of each body, the program's objectives—including providing information to assess the effectiveness of protected areas and biological corridors, and generating national indicators—and the obligation to publish periodic reports at least every four years. It was issued in compliance with international commitments (CBD) and in response to a recommendation by the Comptroller General's Office, providing a legal basis for a monitoring system that supports informed conservation decision-making.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "biological-corridors" ], "date": "18/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-81891.json", "html_url": "/legal/doc/norm-81891", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=81891&strTipM=TC&nValor3=0" }, { "id": "norm-8204", "citation": "Ley 5412", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the Ministry of Health", "title_es": "Ley Orgánica del Ministerio de Salud", "summary_en": "Law 5412 establishes the structure, powers, and operation of the Ministry of Health. It defines the Ministry as the executive branch body responsible for national health policy, coordination of health services, and oversight of compliance. Its functions include protecting and improving the environment to safeguard human health, controlling environmental factors, and issuing technical standards. The law creates attached bodies such as the National Health Council, the Technical Council for Social-Medical Assistance, the Drug Enforcement Board, IAFA, and the Technical Secretariat for Mental Health. It also regulates the financing of healthcare facilities, municipal health administration, and administrative procedures and appeals against its acts. Article 56 bis, incorporated by the Environmental Organic Law, establishes that those seeking permits or authorizations related to the control of factors affecting the human environment must pay for the service rendered.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "08/11/1973", "year": "1973", "json_url": "/data/legal/docs/norm-8204.json", "html_url": "/legal/doc/norm-8204", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8204&strTipM=TC&nValor3=0" }, { "id": "norm-82066", "citation": "Decreto 39764", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for Cartago and its eleven districts", "title_es": "Declaratoria de zona catastrada para Cartago y sus once distritos", "summary_en": "This executive decree declares the canton of Cartago (Cartago Centro) and its eleven districts a cadastral zone, after the cadastral survey in that area was satisfactorily completed. The decree is based on the National Cadastre Law (No. 6545) and the Cadastre and Registry Regularization Program, financed by the IDB. It details the process: public exhibition of results, publication in the official gazette and national newspapers, resolution of claims, and declaration of cadastral data as final by the Real Estate Registry. With this declaration, the zone is officially cadastral and the legal and technical effects of Executive Decree No. 36830-JP (articles 2 to 6) apply. In essence, the decree is an administrative act of a cadastral/registration nature that does not directly address environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82066.json", "html_url": "/legal/doc/norm-82066", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82066&strTipM=TC&nValor3=0" }, { "id": "norm-82067", "citation": "Decreto 39765", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for San Rafael Canton, Heredia", "title_es": "Declaratoria de Zona Catastrada del Cantón San Rafael, Heredia", "summary_en": "This Executive Decree declares the canton of San Rafael and its five districts in the province of Heredia as a cadastral zone, following completion of a cadastral survey and public consultation period. It is part of the National Cadastre and Registry Regularization Program under Law No. 6545, the National Registry Creation Law, and IDB loan agreements. The declaration triggers the same legal and technical effects as those specified in Executive Decree No. 36830-JP, aiming to harmonize cadastral and registry data to ensure legal certainty for real estate in those districts. It is purely an administrative instrument formalizing the conclusion of a cadastral process and does not address environmental matters or natural resource protection.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82067.json", "html_url": "/legal/doc/norm-82067", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82067&strTipM=TC&nValor3=0" }, { "id": "norm-82068", "citation": "Decreto 39766", "section": "norms", "doc_type": "executive_decree", "title_en": "Cadastral Zone Declaration for Buenos Aires First District", "title_es": "Zona Catastrada de Buenos Aires, Distrito Primero", "summary_en": "This decree declares the first district of Buenos Aires, in the canton of Buenos Aires, province of Puntarenas, a cadastral zone, following the completion of the cadastral survey carried out by the Cadastre and Registry Regularization Program, funded by the IDB. The declaration is based on the National Cadastre Law No. 6545 and its amendments, which grant the Real Estate Registry exclusive authority to execute and maintain the cadastre. The process included a public exhibition of results, published in the official gazette and a national newspaper, so property owners could express their conformity or objections. Any claims filed were resolved by the Real Estate Registry Directorate, and the cadastral data became final in February 2016. The norm establishes that, upon publication, the same legal effects and technical specifications of Executive Decree No. 36830-JP apply to the cadastral zone, including the mandatory use of official cadastral information in real estate transactions and coordination between cadastre and registry.", "primary_topic_id": null, "topic_ids": [], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82068.json", "html_url": "/legal/doc/norm-82068", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82068&strTipM=TC&nValor3=0" }, { "id": "norm-82069", "citation": "Decreto 39767", "section": "norms", "doc_type": "executive_decree", "title_en": "Cadastral Zone Declaration for Grecia Canton 2016", "title_es": "Zona catastrada Cantón Grecia 2016", "summary_en": "This executive decree declares the first, second, third, fourth, fifth and eighth districts of Canton 03 Grecia, Alajuela province, as a cadastral zone, following the completion of cadastral survey work by the Cadastre and Registry Regularization Program. It is based on the National Cadastre Law No. 6545, which grants the Real Estate Registry the power to execute and maintain the cadastre. The decree details the process of public exhibition of survey results, the resolution of claims by property owners, and the declaration of definitiveness of cadastral data. With this declaration, the legal effects and technical specifications established in a previous decree (No. 36830-JP) apply, meaning that the cadastral information for these districts is considered official and updated for property registration purposes. The decree came into force upon its publication in the official gazette La Gaceta.", "primary_topic_id": null, "topic_ids": [], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82069.json", "html_url": "/legal/doc/norm-82069", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82069&strTipM=TC&nValor3=0" }, { "id": "norm-82070", "citation": "Decreto 39768", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for San Pablo and Rincón de Sabanilla, Heredia", "title_es": "Declaración de zona catastrada para San Pablo y Rincón de Sabanilla, Heredia", "summary_en": "This executive decree formally declares the districts of San Pablo and Rincón de Sabanilla in the canton of San Pablo, Heredia province, as a cadastral zone. The declaration is based on the completion of cadastral survey work carried out by the Program for the Regularization of the Cadastre and National Registry, funded by the Inter-American Development Bank (IDB). Following a public display of results and the resolution of owner claims, the Real Estate Registry declared the cadastral data final. With this declaration, the cadastral information for these districts becomes official, integrating survey plans and registry data, thus providing legal certainty regarding the location, dimensions, and ownership of properties in the area.", "primary_topic_id": null, "topic_ids": [], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82070.json", "html_url": "/legal/doc/norm-82070", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82070&strTipM=TC&nValor3=0" }, { "id": "norm-82071", "citation": "Decreto 39769", "section": "norms", "doc_type": "executive_decree", "title_en": "Cadastral Zone Declaration Central Heredia", "title_es": "Declaratoria de Zona Catastrada Heredia Central", "summary_en": "This executive decree formally declares the first (Heredia), second (Mercedes), and fourth (Ulloa) districts of the central canton of Heredia as a 'cadastral zone,' following the completion of cadastral surveying by the Cadastre and Registry Regularization Program. The declaration is based on the National Cadastre Law No. 6545 and its regulations, after fulfilling the public exhibition of results and resolving claims filed by property owners. The cadastral data was declared final by the Real Estate Registry through a resolution dated February 23, 2016. The decree orders that the declared zone be governed by the same legal effects and technical specifications of Executive Decree No. 36830-JP, which established the regime for previously declared cadastral zones. The norm affects property identification, boundaries, and coordination between the cadastre and property registry, without directly addressing environmental regulation.", "primary_topic_id": null, "topic_ids": [], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82071.json", "html_url": "/legal/doc/norm-82071", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82071&strTipM=TC&nValor3=0" }, { "id": "norm-82072", "citation": "Decreto 39778", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for Barva Canton 02", "title_es": "Declaratoria de zona catastrada del Cantón 02 Barva", "summary_en": "This executive decree, grounded in the National Cadastre Law No. 6545 and its amendments, formally declares Barva Canton 02 and its five districts in the province of Heredia as a cadastral zone. It follows the completion of cadastral survey work by the Cadastre and Registry Regularization Program, including a public exhibition for property owners to review results and file objections. The cadastral data were declared firm by the Real Estate Registry after resolving any owner claims, in compliance with legal publicity requirements. The declaration grants legal effect to previously issued maps and technical specifications, effective upon publication. The decree does not directly address environmental matters but focuses on land tenure regularization and consolidation of the national cadastre.", "primary_topic_id": null, "topic_ids": [], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82072.json", "html_url": "/legal/doc/norm-82072", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82072&strTipM=TC&nValor3=0" }, { "id": "norm-82073", "citation": "Decreto 39780", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone — Canton of Poás", "title_es": "Declaratoria de zona catastrada — Cantón de Poás", "summary_en": "This executive decree declares the districts of San Pedro, San Juan, San Rafael, Carrillos and Sabana Redonda in the canton of Poás, Alajuela province, as a cadastral zone after the completion of cadastral surveying by the Real Property Registry and the Executing Unit of the Cadastre and Registry Regularization Program. Based on National Cadastre Law No. 6545, the results were publicly exhibited to property owners and any claims were resolved. The declaration formalizes the cadastral data as final and binding, with the same legal effects and technical specifications as established in previous regulations (Executive Decree No. 36830-JP). This administrative act updates and integrates cadastral and registry information for properties in these districts, contributing to the regularization and legal certainty of land tenure in the area.", "primary_topic_id": null, "topic_ids": [], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82073.json", "html_url": "/legal/doc/norm-82073", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82073&strTipM=TC&nValor3=0" }, { "id": "norm-82083", "citation": "Decreto 39838", "section": "norms", "doc_type": "executive_decree", "title_en": "Empowering SINAC to authorize controlled intervention in wetlands for nationally convenient public infrastructure", "title_es": "Facultar al SINAC para autorizar intervención controlada en humedales por infraestructura pública de conveniencia nacional", "summary_en": "Executive Decree 39838-MINAE empowers the National System of Conservation Areas (SINAC) to authorize controlled intervention in wetland ecosystems by the State and public entities, solely for projects involving repair, maintenance, construction, or expansion of public infrastructure previously declared as being of national convenience. It establishes a detailed procedure requiring: a declaration of national convenience based on a socio-environmental cost-benefit study; a formal application by the head of the institution accompanied by a Technical Information Sheet for the wetland; an environmental impact assessment before SETENA; and a multidisciplinary technical report from SINAC. The decree incorporates the mitigation principles of the Ramsar Convention (avoid, minimize, compensate), prioritizing restoration over equivalent compensation, and prohibits intervention in wetlands that are part of the State's Natural Heritage, protected areas, or Ramsar sites. Applicants must describe adverse changes in ecological characteristics and propose corrective measures, under SINAC supervision with monthly reports up to six months after project completion.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "27/07/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82083.json", "html_url": "/legal/doc/norm-82083", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82083&strTipM=TC&nValor3=0" }, { "id": "norm-8216", "citation": "Ley 6084", "section": "norms", "doc_type": "law", "title_en": "National Parks Service Law", "title_es": "Ley del Servicio de Parques Nacionales", "summary_en": "Law 6084 establishes the National Parks Service as the governing body for the development and administration of national parks, aiming to conserve the nation's natural heritage. It defines the Service's functions and powers, including resource management, proposing new protected areas, and advising the Executive Branch. An inter-institutional advisory council is created. The law details prohibitions for visitors within parks, such as logging, hunting, extraction of flora and fauna, pollution, and commercial activities. It introduces a penalty regime with fines for violators, including tour operators, and empowers park staff to act as police authorities to expel offenders. A pro-parks tax stamp is created as a funding source. The law prohibits easements and concessions on national park lands, and establishes that park boundaries can only be changed by another law.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788" ], "date": "24/08/1977", "year": "1977", "json_url": "/data/legal/docs/norm-8216.json", "html_url": "/legal/doc/norm-8216", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8216&strTipM=TC&nValor3=0" }, { "id": "norm-82397", "citation": "Decreto 39795", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for the Canton of Paraíso, Cartago", "title_es": "Declaratoria de zona catastrada para el cantón de Paraíso, Cartago", "summary_en": "This executive decree, issued by the President of the Republic and the Minister of Justice and Peace, officially declares the five districts of the second canton of Paraíso in Cartago province—Paraíso, Santiago, Orosí, Cachí, and Llanos de Santa Lucía—as a cadastral zone. The decision is based on the completion of the cadastral survey by the Cadastre and Registry Regularization Program, following public exhibition and resolution of owner claims. The declaration means that the cadastral data for these districts are final and binding, carrying legal and technical effects set out in prior regulations, such as the obligation to file survey plans in accordance with the new cadastre. The decree does not directly regulate environmental matters; it is an administrative act of a real estate and registry nature, formalizing cadastral regularization in compliance with the National Cadastre Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82397.json", "html_url": "/legal/doc/norm-82397", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82397&strTipM=TC&nValor3=0" }, { "id": "norm-82398", "citation": "Decreto 39800", "section": "norms", "doc_type": "executive_decree", "title_en": "Cadastral Zone Declaration: Abangares", "title_es": "Declaración de Zona Catastrada: Abangares", "summary_en": "This executive decree officially declares the districts of Las Juntas, San Juan, and Colorado in the canton of Abangares, Guanacaste province, as a cadastral zone. It is based on the National Cadastre Law and represents the final administrative step in the cadastral survey process. Once published, the cadastral data become legally effective, granting formal probative value to registered maps and linking the cadastre with the Property Registry. The decree does not alter land use or regulate environmental matters; it solely certifies that the official cadastral mapping has been completed and validated through public exhibition and resolution of property owner claims.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82398.json", "html_url": "/legal/doc/norm-82398", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82398&strTipM=TC&nValor3=0" }, { "id": "norm-82399", "citation": "Decreto 39801", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for the Districts of San Antonio, Quebrada Honda, and Belén de Nosarita, Nicoya Canton, Guanacaste", "title_es": "Declaración de zona catastrada para los distritos de San Antonio, Quebrada Honda y Belén de Nosarita del cantón de Nicoya, Guanacaste", "summary_en": "This executive decree declares the third (San Antonio), fourth (Quebrada Honda), and seventh (Belén de Nosarita) districts of the Nicoya canton in Guanacaste province as a cadastral zone, pursuant to Article 20 of the National Cadastre Law. The declaration follows the completion of cadastral surveys by the Cadastre and Registry Regularization Program, after public display of the results, resolution of owner claims, and finalization of cadastral data by the Real Estate Registry. With this declaration, the survey maps of those districts are officially integrated into the national cadastre, granting them full legal validity for registration and property purposes. The decree references the technical specifications and legal effects established in a previous similar decree (No. 36830-JP) for other cantons, and takes effect upon publication in the official gazette.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82399.json", "html_url": "/legal/doc/norm-82399", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82399&strTipM=TC&nValor3=0" }, { "id": "norm-82400", "citation": "Decreto 39802", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone: Tilarán and Surrounding Districts", "title_es": "Declaración de zona catastrada: Tilarán y distritos aledaños", "summary_en": "This executive decree formally declares the canton of Tilarán (08) and its districts 01 Tilarán, 03 Tronadora, 04 Santa Rosa, 06 Tierras Morenas, and 07 Arenal in the province of Guanacaste as a cadastral zone. It is based on the completion of cadastral surveying works carried out by the Cadastre and Registry Regularization Program and the Real Estate Registry, in accordance with National Cadastre Law No. 6545. After a public exhibition of results and resolution of claims, the Real Estate Registry confirmed the cadastral data. Upon publication of the decree, the official cadastral maps and information for these districts become legally effective, applying the technical specifications of Executive Decree 36830-JP. This means that real estate property in these areas now has officially validated and binding cadastral data for registry purposes.", "primary_topic_id": null, "topic_ids": [], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82400.json", "html_url": "/legal/doc/norm-82400", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82400&strTipM=TC&nValor3=0" }, { "id": "norm-82401", "citation": "Decreto 39803", "section": "norms", "doc_type": "executive_decree", "title_en": "Cadastral Zone Declaration for Hojancha, Monte Romo, Puerto Carrillo and Huacas", "title_es": "Declaratoria de zona catastrada: Hojancha, Monte Romo, Puerto Carrillo y Huacas", "summary_en": "This executive decree declares the canton of Hojancha and its districts of Hojancha, Monte Romo, Puerto Carrillo and Huacas in Guanacaste as cadastral zones, pursuant to Article 20 of the National Cadastre Law No. 6545 and other applicable regulations. It is based on the completion of the Cadastre and Registry Regularization Program works, public exhibition of results to property owners and resolution of claims, thereby formalizing the declaration of properties within the cadastral system. The measure means that all real estate within the designated districts enjoys the legal effects of an updated cadastre, with technical specifications previously set forth in Executive Decree No. 36830-JP. Through this declaration, the State aims to regularize real property and provide legal certainty in land tenure.", "primary_topic_id": null, "topic_ids": [], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82401.json", "html_url": "/legal/doc/norm-82401", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82401&strTipM=TC&nValor3=0" }, { "id": "norm-82402", "citation": "Decreto 39804", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for Nandayure, Guanacaste", "title_es": "Declaratoria de zona catastrada para Nandayure, Guanacaste", "summary_en": "This executive decree declares the districts of Carmona, Santa Rita, Zapotal, San Pablo, Porvenir, and Bejuco in the canton of Nandayure, Guanacaste, as a cadastral zone. The declaration is based on the completion of the cadastral survey carried out by the Cadastre and Registry Regularization Program, in accordance with the National Cadastre Law. It states that the process of public exhibition of results was fulfilled, property owner claims were resolved, and the Real Estate Registry declared the cadastral data final. The decree establishes that the same legal effects and technical specifications of Executive Decree No. 36830-JP apply. It does not address environmental, forestry, or natural resource matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/05/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82402.json", "html_url": "/legal/doc/norm-82402", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82402&strTipM=TC&nValor3=0" }, { "id": "norm-82466", "citation": "Decreto 39833", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Establishment and Operation of Natural Resource Vigilance Committees and Ad Honorem Environmental Inspectors", "title_es": "Reglamento para la conformación y operación de los Comités de Vigilancia de los Recursos Naturales y los Inspectores ambientales ad honorem", "summary_en": "This decree establishes a framework for citizen participation in environmental protection by regulating Natural Resource Vigilance Committees (COVIRENA) and ad honorem environmental inspectors. It unifies the categories previously found in the Wildlife Conservation Law and the Forestry Law under a single scheme. It defines requirements for registration, appointment, training, and supervision; creates a system of offenses and sanctions (temporary suspension and definitive revocation); and assigns coordination duties to SINAC and the Environmental Comptroller. It mandates the subscription of a risk insurance policy and the issuance of an official identification card valid for five years. It repeals prior regulations and sets deadlines for implementing digital registries and training manuals.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "forestry-law-7575", "wildlife-law-7317", "procedural-environmental" ], "date": "25/07/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82466.json", "html_url": "/legal/doc/norm-82466", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82466&strTipM=TC&nValor3=0" }, { "id": "norm-82487", "citation": "Decreto 39887", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the Approval of Wastewater Treatment Systems", "title_es": "Reglamento de Aprobación de Sistemas de Tratamiento de Aguas Residuales", "summary_en": "This executive decree establishes the regulatory framework for the approval of ordinary and special wastewater treatment systems in Costa Rica. Its objective is to protect public health and the environment through the rational management of discharges, complementing the Wastewater Discharge and Reuse Regulation (Decree 33601). The standard regulates the procedure for obtaining location permits and construction plan approval, defining minimum setbacks from property boundaries and water bodies, including those established by the Forestry Law (Art. 33) and the Water Law (Art. 8). It details technical requirements such as calculation reports, operation and maintenance manuals, and conditions for final disposal (discharge, reuse, infiltration, or evaporation). It incorporates obligations of the generating entity and penalties for non-compliance according to the General Health Law. It assigns the Ministry of Health the approval authority, in coordination with MINAE for discharge permits. It repeals the former Regulation, Decree 31545-S-MINAE.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "18/04/2016", "year": "2016", "json_url": "/data/legal/docs/norm-82487.json", "html_url": "/legal/doc/norm-82487", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=82487&strTipM=TC&nValor3=0" }, { "id": "norm-8253", "citation": "Ley 6836", "section": "norms", "doc_type": "law", "title_en": "Incentives Law for Medical Sciences Professionals", "title_es": "Ley de Incentivos a los Profesionales en Ciencias Médicas", "summary_en": "This law establishes a special salary regime and incentives for medical sciences professionals working in the Costa Rican public sector. It creates an eleven-category salary scale (G-1 to G-11) with base salaries, supplements, and a 3.5% annual increase on the base salary. It defines the classification of healthcare and technical-administrative positions, and recognizes additional incentives such as 5.5% per year of seniority, 11% for dedication to hospital or administrative career, and 3% per hour of outpatient consultation starting from the fifth hour. It also sets minimum differences between categories, rural zone incentives, and minimum salary conditions for interns, residents, and other professionals like dentists, pharmacists, microbiologists, clinical psychologists, nutritionists, and nurses. The law is of public order and mandatory for all public employing institutions, and repeals previous provisions on setting medical fees.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/12/1982", "year": "1982", "json_url": "/data/legal/docs/norm-8253.json", "html_url": "/legal/doc/norm-8253", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8253&strTipM=TC&nValor3=0" }, { "id": "norm-83186", "citation": "Ley 9416", "section": "norms", "doc_type": "law", "title_en": "Law to Improve the Fight against Tax Fraud", "title_es": "Ley para Mejorar la Lucha contra el Fraude Fiscal", "summary_en": "This law strengthens mechanisms against tax evasion through amendments to the Tax Code and other statutes. It grants the Tax Administration access to certain client information from financial entities (identity data only, not financial records) and creates a registry of ultimate beneficial owners of legal entities, managed by the Central Bank. It mandates electronic invoicing and authorizes a partial VAT refund as a compliance incentive. It regulates access by the Tax Authority and the Costa Rican Drug Institute (ICD) to the beneficial ownership database for tax control and anti-money laundering purposes, surrounded by confidentiality safeguards and criminal and administrative penalties for misuse. The law criminalizes unauthorized access to or misuse of tax information systems, and creates an Internal Affairs Directorate within the Ministry of Finance to investigate corruption by tax officials. It overhauls electronic notification procedures, establishes an electronic mailbox system, introduces precautionary asset seizures as a tax enforcement measure, and regulates electronic auctions. It also imposes sanctions on tax advisors who aid in evasion and increases fines for obstruction of tax audits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/12/2016", "year": "2016", "json_url": "/data/legal/docs/norm-83186.json", "html_url": "/legal/doc/norm-83186", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83186&strTipM=TC&nValor3=0" }, { "id": "norm-83342", "citation": "Decreto 40059", "section": "norms", "doc_type": "executive_decree", "title_en": "Technical Regulation RTCR 484:2016 on Registration, Use and Control of Agricultural Pesticides", "title_es": "Reglamento Técnico RTCR 484:2016 sobre Registro, Uso y Control de Plaguicidas Agrícolas", "summary_en": "This executive decree establishes the technical regulation for the registration, use, and control of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances for agricultural use in Costa Rica. It details the procedures and requirements for registration with the State Phytosanitary Service (SFE), including modalities such as full data registration, incorporation from reference countries (USA, EU, OECD), and equivalence. The Ministries of Agriculture, Health, and Environment participate with binding opinions. Precautionary principles, protection of test data, and public access to information (except confidential) are incorporated. The regulation seeks to balance agricultural competitiveness with protection of human health and the environment, requiring comprehensive toxicology and ecotoxicology assessments, and establishing a system for renewal, modification, and cancellation of registrations.", "primary_topic_id": null, "topic_ids": [], "date": "29/11/2016", "year": "2016", "json_url": "/data/legal/docs/norm-83342.json", "html_url": "/legal/doc/norm-83342", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83342&strTipM=TC&nValor3=0" }, { "id": "norm-83353", "citation": "Ley 9406", "section": "norms", "doc_type": "law", "title_en": "Strengthening legal protection for girls and adolescent women", "title_es": "Fortalecimiento de la protección legal de las niñas y las adolescentes mujeres", "summary_en": "This law amends the Penal Code, the Family Code, the Civil Code, and the Organic Law of the Supreme Electoral Tribunal to strengthen protections for girls and adolescent women against gender-based violence in abusive relationships. It updates offenses of sexual relations with minors (article 159) and sexual abuse (article 161), establishing penalties based on age difference and the relationship with the victim, and criminalizing introduction of objects. Marriage of persons under 18 is eliminated by repealing provisions that allowed it, and express prohibition of registering such marriages in the Civil Registry is established. The legal age for marriage and obtaining an identity card is raised to 18. Grounds for termination of parental authority are expanded to include sexual abuse, and termination upon reaching the age of majority is clarified.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/11/2016", "year": "2016", "json_url": "/data/legal/docs/norm-83353.json", "html_url": "/legal/doc/norm-83353", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83353&strTipM=TC&nValor3=0" }, { "id": "norm-83356", "citation": "Decreto 39995", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Updating Registration Information for Technical-Grade Active Ingredients and Formulated Pesticides", "title_es": "Reglamento para la Actualización de la Información de los Expedientes de Registro de Ingrediente Activo Grado Técnico y Plaguicidas Formulados", "summary_en": "This regulation sets the procedure for holders of pesticide registrations predating Executive Decree 33495 to update information on manufacturers of technical-grade active ingredients (IAGT) and formulators, and to obtain registrations valid for ten years. It requires administrative, confidential, and technical data, including composition certificates, safety data sheets, and, in certain cases, acute toxicity and ecotoxicity studies. It also mandates a public toxicological database and allows label homologation between similar formulations. Registrations granted without complete data are excluded from equivalence, and pesticides with impurities exceeding international standards or listed under the Rotterdam, Stockholm, or Montreal Conventions cannot be registered.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/12/2016", "year": "2016", "json_url": "/data/legal/docs/norm-83356.json", "html_url": "/legal/doc/norm-83356", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83356&strTipM=TC&nValor3=0" }, { "id": "norm-83363", "citation": "Reglamento municipal 064-A", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Public Spaces, Roads and Transport Regulation (Quepos)", "title_es": "Reglamento de espacios públicos, vialidad y transporte (Quepos)", "summary_en": "This municipal regulation of Quepos, adopted in 2016 as part of the partial modification of the urban regulatory plan with environmental variable integration, establishes standards for the classification and design of cantonal roads (primary, secondary, tertiary and local), as well as pedestrian routes, parking lots, public transport terminals, occupation and beautification of public roads, accessibility for the disabled and outdoor advertising. It defines rights-of-way, lane widths, sidewalks, design speeds and requirements for protruding elements. It regulates municipal permits for temporary occupation of public roads for private purposes, installation of urban furniture, pavement cutting, fencing of vacant lots and tree planting. It includes provisions on central and sub-terminals to decongest downtown Quepos, as well as technical standards for ramps, stairs, sidewalks and safety barriers in public spaces. It derives its authority from the General Public Roads Law and the Urban Planning Law.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "30/12/2016", "year": "2016", "json_url": "/data/legal/docs/norm-83363.json", "html_url": "/legal/doc/norm-83363", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83363&strTipM=TC&nValor3=0" }, { "id": "norm-8337", "citation": "Ley 4928", "section": "norms", "doc_type": "law", "title_en": "Amendment to Coastal Zone Urbanization Law", "title_es": "Reforma Ley Urbanización Zona Marítimo Terrestre", "summary_en": "This law amends Article 6 of the Coastal Zone Tourism Urbanization Law (No. 4558), declaring the first fifty meters of the maritime-terrestrial zone from the ordinary high tide line to be inalienable. It prohibits leasing or selling this strip and dedicates it exclusively to public use for recreation and free movement. As an exception, it authorizes the Municipality of Puntarenas to lease lands within that strip for tourism installations along the segment between the Barranca River mouth and the western tip of Puntarenas city (La Punta). Existing buildings cannot be remodeled, and if destroyed, new constructions must respect the inalienable strip. The norm was later fully repealed by Law No. 6043 (the Coastal Zone Law) in 1977.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "17/12/1971", "year": "1971", "json_url": "/data/legal/docs/norm-8337.json", "html_url": "/legal/doc/norm-8337", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8337&strTipM=TC&nValor3=0" }, { "id": "norm-83424", "citation": "Decreto 40043", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the National Biological Corridors Program", "title_es": "Regulación del Programa Nacional de Corredores Biológicos", "summary_en": "Executive Decree No. 40043-MINAE regulates Costa Rica's National Biological Corridors Program (PNCB), a biodiversity conservation strategy based on ecosystem connectivity. It defines biological corridors as delimited continental, marine-coastal, and insular territories providing connectivity between protected areas and other landscapes to maintain ecological processes. The decree establishes an organizational structure comprising the PNCB, regional programs in each Conservation Area, and Local Biological Corridor Committees (CLCBs), which are participatory bodies with multi-sector representation. It details the functions of each entity, planning tools such as the national strategic plan and corridor management plans, and declares the creation of biological corridors to be of public interest, urging public institutions and the private sector to contribute resources. It also amends prior regulations by repealing articles of the original decree and adjusting the name of local committees.", "primary_topic_id": "biological-corridors", "topic_ids": [ "biological-corridors" ], "date": "31/08/2016", "year": "2016", "json_url": "/data/legal/docs/norm-83424.json", "html_url": "/legal/doc/norm-83424", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83424&strTipM=TC&nValor3=0" }, { "id": "norm-83425", "citation": "Decreto 40110", "section": "norms", "doc_type": "executive_decree", "title_en": "Shared Governance Model Regulation Cahuita National Park", "title_es": "Reglamento Modelo de Gobernanza Compartida Parque Nacional Cahuita", "summary_en": "Executive Decree No. 40110-MINAE of December 2016 regulates the functioning of the shared governance model of Cahuita National Park, recognizing and formalizing a more than twenty-year practice of co-management between the local community—primarily Afro-descendant—and the National System of Conservation Areas (SINAC). The regulation establishes a Local Council composed of community and institutional representatives, aimed at assisting in the conservation and sustainable use of biodiversity, fair distribution of benefits, environmental education, and conflict resolution. Regarding financing, it provides that no entrance fee will be charged in the Playa Blanca sector; instead, voluntary donations will be received from visitors, to be administered through a cooperation agreement with the Cahuita Integral Development Association (ADIC), with quarterly transfers to a special account and subject to control and oversight mechanisms. The decree expressly repeals the previous Regulation for the Management of Resources and Services in Cahuita National Park (Decree 26929-MINAE).", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "20/12/2016", "year": "2016", "json_url": "/data/legal/docs/norm-83425.json", "html_url": "/legal/doc/norm-83425", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83425&strTipM=TC&nValor3=0" }, { "id": "norm-83500", "citation": "Decreto 40163", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Holiday for Public Employees of León Cortés Canton", "title_es": "Asueto para empleados públicos del cantón de León Cortés", "summary_en": "This executive decree grants a public holiday on January 30, 2017, to public employees of the León Cortés canton, San José province, on the occasion of the canton's civic-patronal festivities. It is based on constitutional and legal provisions, including Articles 140 and 146 of the Political Constitution and the General Public Administration Act. The decree establishes exceptions for certain officials: those from the Ministry of Public Education, the General Directorate of Customs, and the National Insurance Institute, whose heads will decide whether to grant the holiday through internal circulars according to their respective special laws. Additionally, police officers attached to the Ministry of Public Security are expressly excluded, as their work cannot be interrupted to maintain public order. The holiday is effective only on the specified date.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/01/2017", "year": "2017", "json_url": "/data/legal/docs/norm-83500.json", "html_url": "/legal/doc/norm-83500", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83500&strTipM=TC&nValor3=0" }, { "id": "norm-83583", "citation": "Decreto 40137", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for the First Special Law on the Transfer of Powers: Full and Exclusive Attention to the Cantonal Road Network", "title_es": "Reglamento a la Primera Ley Especial para la Transferencia de Competencias: Atención Plena y Exclusiva de la Red Vial Cantonal", "summary_en": "This decree regulates Law No. 9329, which transferred full and exclusive jurisdiction over the cantonal road network to municipalities. It details municipal functions in road management, including the preparation of five-year plans, inventories, conservation, and road construction. It assigns technical stewardship and oversight to MOPT, requiring it to issue mandatory technical provisions for local governments. It regulates the official Road Registry, classification of roads, oversight procedures, and technical consultation and advisory mechanisms. It establishes that funds from the single fuel tax can only be used on roads listed in the Road Registry and that municipalities must comply with MOPT technical standards to receive these funds.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/12/2016", "year": "2016", "json_url": "/data/legal/docs/norm-83583.json", "html_url": "/legal/doc/norm-83583", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83583&strTipM=TC&nValor3=0" }, { "id": "norm-83600", "citation": "Resolución 11", "section": "norms", "doc_type": "resolution", "title_en": "Update of Administrative Procurement Economic Limits for 2017", "title_es": "Actualización de límites económicos de contratación administrativa para 2017", "summary_en": "The Comptroller General of the Republic updates the economic limits set forth in Articles 27 and 84 of the Administrative Procurement Law for the year 2017. The resolution adjusts the thresholds that determine the applicable procurement procedure (public tender, abbreviated tender, direct award) and the amount required to appeal an award before the Comptroller. Differentiated tables are established for general procurement and for public works, and specific limits are included for ICE, JASEC, INCOFER, and companies of the ICE group. The update takes as reference the variation of the Consumer Price Index and macroeconomic conditions, in accordance with Constitutional Court ruling 998-98. It also publishes the list of public entities with their average budget for the acquisition of goods and services, which determines the stratum and limits applicable to each. The resolution is effective upon publication and respects procedures already initiated.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/2017", "year": "2017", "json_url": "/data/legal/docs/norm-83600.json", "html_url": "/legal/doc/norm-83600", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83600&strTipM=TC&nValor3=0" }, { "id": "norm-83689", "citation": "Decreto 39946", "section": "norms", "doc_type": "executive_decree", "title_en": "Doppler and Laser Speed Cameras — Technical and Metrological Requirements", "title_es": "Cinemómetros Doppler y Láser — Requisitos Técnicos y Metrológicos", "summary_en": "This decree sets the technical and metrological requirements for Doppler and laser speed cameras used to measure vehicle speed on roads in Costa Rica. It defines mandatory specifications for portable and fixed, automatic and non-automatic instruments marketed in the country. It requires devices to have measurement recording and a camera for enforcement purposes, and establishes maximum permissible errors for initial, periodic and post-repair verifications. It also regulates fraud protection, traceability of results, technical documentation and verification conditions by LACOMET or recognized units. The norm aims to ensure the accuracy and reliability of speed measurements in traffic enforcement, protecting drivers from incorrect measurements and guaranteeing proper state metrological control.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/07/2016", "year": "2016", "json_url": "/data/legal/docs/norm-83689.json", "html_url": "/legal/doc/norm-83689", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83689&strTipM=TC&nValor3=0" }, { "id": "norm-83700", "citation": "Decreto 0-1", "section": "norms", "doc_type": "regulation", "title_en": "Regulation for the Practice of Subaquatic Sport Fishing", "title_es": "Reglamento para el ejercicio de la pesca deportiva subacuática", "summary_en": "This regulation, issued by the Board of Directors of INCOPESCA through agreement AJDIP/098-2017, establishes the conditions and requirements for the practice of subaquatic sport fishing in Costa Rica. It defines subaquatic fishing as the modality carried out in apnea using a harpoon, speargun, or underwater rifle. It provides that only natural persons over 18 years old with an INCOPESCA permit may practice it, having declared knowledge of the risks and exempting INCOPESCA from liability. It limits equipment to two spearguns (rubber or compressed air) and prohibits the use of autonomous or semi-autonomous diving equipment, except for lionfish tournaments in the Caribbean authorized by INCOPESCA. Each fisher may capture a maximum of five pieces per trip or day, for self-consumption or taxidermy, respecting minimum sizes, closed seasons and areas, and restrictions in National Parks and Protected Wild Areas. Non-compliance is sanctioned under the Fisheries and Aquaculture Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/02/2017", "year": "2017", "json_url": "/data/legal/docs/norm-83700.json", "html_url": "/legal/doc/norm-83700", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83700&strTipM=TC&nValor3=0" }, { "id": "norm-83731", "citation": "Ley 9428", "section": "norms", "doc_type": "law", "title_en": "Corporate Tax", "title_es": "Impuesto a las Personas Jurídicas", "summary_en": "Law 9428 establishes an annual tax on all commercial companies, branches of foreign companies, and limited liability individual enterprises registered in the National Registry. The taxable event occurs each January 1st, and payment must be made within the first 30 days of the year. Rates vary based on registration in the Single Tax Registry and gross income levels, ranging from 15% to 50% of a monthly base salary. Exemptions apply to micro and small enterprises, and small and medium-sized agricultural producers. Non-payment for three consecutive periods leads to dissolution of the company. The General Directorate of Taxation is responsible for administration. Collected funds are allocated mainly to the Ministry of Public Security (75%), the Judicial Investigation Department (15%), and the Ministry of Justice (10%), and cannot be used for salaries. This law repeals the former Law 9024.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/03/2017", "year": "2017", "json_url": "/data/legal/docs/norm-83731.json", "html_url": "/legal/doc/norm-83731", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83731&strTipM=TC&nValor3=0" }, { "id": "norm-83800", "citation": "Resolución 2132", "section": "norms", "doc_type": "resolution", "title_en": "Advisory opinion on the nature and public access to political party membership rolls", "title_es": "Opinión consultiva sobre la naturaleza y publicidad del padrón de afiliados de los partidos políticos", "summary_en": "The Supreme Electoral Tribunal of Costa Rica clarifies, upon request of the Citizens' Action Party, the legal status of party membership rolls under the Personal Data Protection Law. It determines that party membership is sensitive data voluntarily disclosed by the citizen, but the electoral roll is not public information. The internal electoral roll (name, ID number, and electoral domicile) is accessible only to members of that party, who may request it from party authorities. The party must hand it over after removing restricted access data (phone, photo, exact address, etc.). Exceptionally, appointments to internal positions are public due to registral publicity principles. Official pre-candidates have the right to know the voters or delegates of their constituency and to a non-invasive contact method. The Data Protection Agency (ProdHab) must determine if membership registers constitute a database that must be registered, and any decision by ProdHab in this matter is appealable to the TSE.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/03/2017", "year": "2017", "json_url": "/data/legal/docs/norm-83800.json", "html_url": "/legal/doc/norm-83800", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83800&strTipM=TC&nValor3=0" }, { "id": "norm-83881", "citation": "Decreto 40312", "section": "norms", "doc_type": "executive_decree", "title_en": "Plan for the Comprehensive Care of the Gulf of Nicoya", "title_es": "Plan para la Atención Integral del Golfo de Nicoya", "summary_en": "This executive decree creates and articulates the Plan for the Comprehensive Care of the Gulf of Nicoya as an inter-institutional mechanism to improve the quality of life of coastal communities in the Central Pacific and Chorotega regions. The plan seeks to address social, economic, and environmental issues through strategies for sustainable use of coastal-marine resources, employment generation, job training, and surveillance. It establishes a governance structure led by the Presidential Social Council, a National Advisory Council, and a Coordinating and Executing Unit involving IMAS, MINAE, MTSS, and MAG/INCOPESCA. The plan's activities are declared of public and national interest, with a five-year renewable term.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "environmental-law-7554" ], "date": "23/03/2017", "year": "2017", "json_url": "/data/legal/docs/norm-83881.json", "html_url": "/legal/doc/norm-83881", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83881&strTipM=TC&nValor3=0" }, { "id": "norm-83900", "citation": "Decreto 40332", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Interest Declaration of the XXI CLAIN Congress", "title_es": "Declaratoria de Interés Público del XXI Congreso CLAIN", "summary_en": "Executive Decree 40332-MP declares the XXI Latin American Congress of Internal Auditing and Risk Assessment (CLAIN) to be of public interest. The event, organized by the Costa Rican Banking Association (ABC), was held on May 18-19, 2017 in San José. The decree highlights the Congress’s importance for exchanging knowledge on risk management, money laundering, cybersecurity, and corporate governance, aligning with Costa Rica’s efforts to join the OECD. It authorizes public and private entities to provide financial or logistical support without compromising their own objectives. The decree does not address environmental matters and has no environmental implications.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/03/2017", "year": "2017", "json_url": "/data/legal/docs/norm-83900.json", "html_url": "/legal/doc/norm-83900", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83900&strTipM=TC&nValor3=0" }, { "id": "norm-83995", "citation": "Decreto 40381", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Food and Beverage Expenses of the Road Safety Council", "title_es": "Reglamento para gastos de alimentación del Consejo de Seguridad Vial", "summary_en": "This decree establishes the exceptional conditions under which the Road Safety Council (COSEVI) may use public funds for food and beverages during board sessions, work meetings with outsiders, off-site training, and protocol events. Spending must follow principles of necessity, exceptionality, rationality, propriety, and austerity, with per-person caps pegged to the Comptroller General's travel expense regulation. Water for certain offices is exempted from limits. Alcoholic beverages are prohibited, and unauthorized expenditures must be reimbursed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/04/2017", "year": "2017", "json_url": "/data/legal/docs/norm-83995.json", "html_url": "/legal/doc/norm-83995", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=83995&strTipM=TC&nValor3=0" }, { "id": "norm-84100", "citation": "Acuerdo 223", "section": "norms", "doc_type": "agreement", "title_en": "Agreement for the identification of client holders of securities accounts", "title_es": "Acuerdo para la identificación de los clientes titulares de las cuentas de valores", "summary_en": "Agreement SGV-A-223 of the General Superintendence of Securities establishes a regulatory standard for the precise and standardized identification of securities account holders in the national book-entry registration system, as well as for the administration of such accounts. It regulates both the records of custody entities and first-tier entities (SAC and Interclear), detailing identification formats by type of person (national individuals, foreigners, diplomats, legal entities) and validation mechanisms against official registries. It also includes provisions on account closure and suspension, modification of holder data, classification by domiciliary and tax status, and internal control obligations. The obligation to identify the ultimate beneficial owner when legal entities acquire private securities is incorporated. The agreement amends Article 9 of Agreement SGV-A-198 and is effective from April 1, 2017, with transitional provisions for implementation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/03/2017", "year": "2017", "json_url": "/data/legal/docs/norm-84100.json", "html_url": "/legal/doc/norm-84100", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=84100&strTipM=TC&nValor3=0" }, { "id": "norm-84181", "citation": "Decreto 40423", "section": "norms", "doc_type": "executive_decree", "title_en": "Prohibition of bromacil and its lithium salt", "title_es": "Prohibición del bromacil y su sal de litio", "summary_en": "This executive decree fully prohibits the registration, import, export, manufacture, formulation, storage, distribution, transportation, repackaging, refilling, handling, sale, mixing, and use of technical-grade active ingredients and formulated synthetic pesticides containing bromacil or its lithium salt. The ban is based on bromacil's high leaching potential and persistence, which has contaminated groundwater and surface water near pineapple plantations, affecting aqueducts. It responds to the State's duty to ensure a healthy environment and protect human health, in line with international conventions such as Stockholm, Rotterdam, and Basel. Importation is prohibited immediately, while other activities cease six months after publication. The Ministries of Agriculture, Health, and Environment will enforce compliance.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "24/05/2017", "year": "2017", "json_url": "/data/legal/docs/norm-84181.json", "html_url": "/legal/doc/norm-84181", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=84181&strTipM=TC&nValor3=0" }, { "id": "norm-84200", "citation": "Decreto 043", "section": "norms", "doc_type": "regulation", "title_en": "Reform of Recreation Centers Use Policy", "title_es": "Reforma Política Uso de Centros de Recreo", "summary_en": "This document contains the amendment approved by the Board of Directors of the Colegio de Licenciados y Profesores (COLYPRO) in session 043-2017 on May 9, 2017, through agreement 06, to policy POL/PRO-CCRO1 'Use of Recreation Centers'. The reform updates three aspects of the internal regulations: it establishes that free use of recreation centers applies to members in good standing and their family members holding the family card (point 2); it introduces the possibility for family members without a card to enter as guests accompanied by the member, upon payment of the respective entrance fee (new point 4); and it redefines the operating hours of the different centers, including access restrictions for minors under 17 in the Alajuela center's gym and heated pools after 5:00 p.m. (new point 12). The reform does not address any environmental, land, natural resource, environmental procedure, or constitutional environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/05/2017", "year": "2017", "json_url": "/data/legal/docs/norm-84200.json", "html_url": "/legal/doc/norm-84200", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=84200&strTipM=TC&nValor3=0" }, { "id": "norm-84300", "citation": "Reglamento municipal 26", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Amendment to Municipal Budget Formulation, Approval, and Execution Regulation", "title_es": "Reforma al Reglamento para la Formulación, Aprobación y Ejecución Presupuestarias", "summary_en": "The Municipal Council of Turrubares, in ordinary session 26-2017 of June 7, 2017, agreed to an amendment to its Budget Formulation, Approval, and Execution Regulation. The reform consists of two specific modifications: raising the limit provided in Article 4 from 20 to 25 base salaries, and increasing the maximum number of budgetary modifications allowed during a single annual fiscal year from 10 to 16, as per Article 5. The municipal administration is authorized for immediate application of the amendment, which will take effect upon publication, and the consultation procedure is waived. This is an internal operational and financial adjustment with no environmental, urban planning, or other substantive implications. The provision does not address any aspect related to environmental protection, land use, or natural resource conservation, and therefore falls outside the environmental scope.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/06/2017", "year": "2017", "json_url": "/data/legal/docs/norm-84300.json", "html_url": "/legal/doc/norm-84300", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=84300&strTipM=TC&nValor3=0" }, { "id": "norm-84313", "citation": "Decreto 40453", "section": "norms", "doc_type": "executive_decree", "title_en": "Actions for Drought Response and Water Access in the North Pacific", "title_es": "Acciones ante la sequía y acceso al agua en el Pacífico Norte", "summary_en": "This executive decree establishes immediate measures to ensure sustainable water access in the North Pacific Slope, severely affected by drought. It prioritizes human consumption and productive development, especially agriculture and tourism. It creates a special regime for drilling 'strategic wells' for collective supply, allowing public-private cooperation, and mandates that well permit evaluations must consider water deficit and cumulative effects on aquifers. It authorizes AyA to exceptionally install desalination plants to rehabilitate wells suffering saline intrusion. It regulates 'rainwater harvesting,' allowing storage up to 1000 m³ without a concession, and requires registration and a transport guide for bulk water hauling, tying the water source to an authorized entity. Finally, it orders studies on the drought's impact on the Tempisque River and water availability, with a two-year validity.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "19/05/2017", "year": "2017", "json_url": "/data/legal/docs/norm-84313.json", "html_url": "/legal/doc/norm-84313", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=84313&strTipM=TC&nValor3=0" }, { "id": "norm-84456", "citation": "Decreto 40464", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Implementation of the National REDD+ Strategy", "title_es": "Reglamento para la Ejecución de la Estrategia Nacional REDD+", "summary_en": "Decree 40464-MINAE establishes the Regulation for the Implementation of the National REDD+ Strategy, framed within the SINAC Forests and Rural Development Program. This regulation defines the institutional structure, competencies and coordination mechanisms to implement REDD+ in Costa Rica. It creates an Executive Secretariat composed of SINAC and FONAFIFO, supervised by a Directive Council, and details the phases of preparation, pilot implementation and results-based payments. It regulates the negotiation of emission reductions from deforestation and forest degradation, including the issuance of carbon credits on State Natural Heritage lands, state properties and PSA rights. It assigns the administration of financial resources to FUNBAM through a trust, and orders the Climate Change Directorate to create a registry of mitigation actions. It establishes a benefit-sharing system to compensate public and private owners, strengthen illegal logging control and expand the payment for environmental services program. It also incorporates a Monitoring Committee with representation from indigenous peoples, small producers, NGOs, industrialists, universities and professional associations to ensure compliance with the strategy and its social and environmental safeguards.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554", "biodiversity-law-7788", "property-and-titling" ], "date": "03/04/2017", "year": "2017", "json_url": "/data/legal/docs/norm-84456.json", "html_url": "/legal/doc/norm-84456", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=84456&strTipM=TC&nValor3=0" }, { "id": "norm-8453", "citation": "Ley 6831", "section": "norms", "doc_type": "law", "title_en": "Budget Law 1983", "title_es": "Ley de Presupuesto para 1983", "summary_en": "Law 6831 approves the ordinary and extraordinary revenues and expenditures for the 1983 fiscal year. It establishes administrative, execution, and budgetary control regulations, authorizations for the Executive Branch, and rules on personnel and positions, including austerity measures such as a ban on purchasing motor vehicles for passenger transport and the prohibition of overtime pay for supervisory staff. It provides that state lands acquired for conservation purposes may not change use and shall remain under the National Parks authority. It includes environmentally relevant provisions, such as Article 91 on the protection of conservation areas, and amendments to specific laws with territorial and municipal implications. Several of its articles were subsequently declared inapplicable or annulled by the Supreme Court of Justice and the Constitutional Chamber.", "primary_topic_id": null, "topic_ids": [], "date": "23/12/1982", "year": "1982", "json_url": "/data/legal/docs/norm-8453.json", "html_url": "/legal/doc/norm-8453", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8453&strTipM=TC&nValor3=0" }, { "id": "norm-84592", "citation": "Decreto 40548", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to Wildlife Conservation Law No. 7317", "title_es": "Reglamento a la Ley de Conservación de la Vida Silvestre N° 7317", "summary_en": "Executive Decree No. 40548-MINAE establishes the detailed regulation to implement the Wildlife Conservation Law No. 7317, significantly reformed by Law 9106 of 2012 driven by popular initiative. The regulation defines procedures and requirements for the conservation, management, and sustainable use of continental and insular wildlife, both in situ and ex situ, throughout the national territory. It regulates aspects such as the administrative organization (SINAC, CONAVIS), application procedures, permits, conservation and management of wild fauna and flora, management sites (rescue centers, zoos, breeding farms, aquariums, botanical gardens, nurseries), control and subsistence hunting, reintroduction, euthanasia, transport, and the implementation of the CITES Convention. The regulation incorporates principles such as in dubio pro natura, precautionary, and intergenerational equity, and prohibits practices such as falconry, wildlife rental, and the importation of species as pets.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "12/07/2017", "year": "2017", "json_url": "/data/legal/docs/norm-84592.json", "html_url": "/legal/doc/norm-84592", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=84592&strTipM=TC&nValor3=0" }, { "id": "norm-84595", "citation": "Decreto 40442", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Cabo Blanco Marine Management Area", "title_es": "Creación del Área Marina de Manejo Cabo Blanco", "summary_en": "Executive Decree No. 40442-MINAE, issued in 2017, establishes the Cabo Blanco Marine Management Area, an 820.71 km² protected area in the Gulf of Nicoya, Costa Rican Pacific. Grounded in international conventions (Law of the Sea, Biological Diversity) and national laws (Environmental Organic Law, Biodiversity Law), it targets high-biodiversity coastal-marine ecosystems identified as a conservation gap (SIC Cabo Blanco) by GRUAS II. The decree emerged from an extensive participatory process with local fisher communities, the tourism sector, and institutions like INCOPESCA and SINAC, culminating in a shared-governance model. It sets precise geographic boundaries, excluding zones offshore specific settlements, and spells out conservation objectives including responsible fishing, fish reproduction, community participation, and equitable benefit-sharing. Management is entrusted to SINAC via the Tempisque Conservation Area, which must prepare a General Management Plan and a fishery management plan. The decree allows licensed fishing, ecotourism, and research, and mandates inter-institutional coordination for monitoring and sustainable development, incorporating the SSF Guidelines for small-scale fisheries.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "02/06/2017", "year": "2017", "json_url": "/data/legal/docs/norm-84595.json", "html_url": "/legal/doc/norm-84595", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=84595&strTipM=TC&nValor3=0" }, { "id": "norm-84739", "citation": "Decreto 40610", "section": "norms", "doc_type": "executive_decree", "title_en": "Special Agricultural Safeguard by Volume for Brown Rice Imports", "title_es": "Salvaguardia Especial Agrícola por volumen para importaciones de arroz integral", "summary_en": "Executive Decree No. 40610-MAG-MEIC-COMEX, effective upon publication in 2017, implements a Special Agricultural Safeguard (SGE) triggered by volume on imports of brown rice classified under tariff headings 1006.20.00.00.91 and 1006.20.00.99. The measure imposes an additional customs duty of 11.67% once the trigger volume of 3,805,206.05 kg counted from January 1, 2017 is exceeded, remaining in force until December 31, 2017. The safeguard does not apply to imports originating from the United States (under CAFTA-DR), Central America, Chile, or Mexico, where applicable tariffs are already 0%, nor to goods in transit under contracts concluded before the measure took effect. It is based on the WTO Agreement on Agriculture and an administrative proceeding that found increased imports were affecting placement of domestic production.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/07/2017", "year": "2017", "json_url": "/data/legal/docs/norm-84739.json", "html_url": "/legal/doc/norm-84739", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=84739&strTipM=TC&nValor3=0" }, { "id": "norm-8481", "citation": "Ley 776", "section": "norms", "doc_type": "law", "title_en": "Pension Law for Teachers with 25 Years of Service", "title_es": "Ley de Pensión para Maestros con 25 Años de Servicio", "summary_en": "Law 776, enacted by the Legislative Assembly on October 27, 1949, establishes a special lifetime pension regime for Costa Rican education professionals who have rendered services to the State for twenty-five years or more. The rule recognizes the right to a retirement benefit equivalent to the full salary they were receiving at the time they completed the required service period, and orders that such amount be covered by the National Budget. The law makes no reference whatsoever to environmental, forestry, biodiversity, water, soil, archaeological heritage, biological corridor, landscape, environmental procedure or ecological criminal liability matters. It is a purely social security and administrative provision, completely outside the scope of Costa Rican environmental law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/10/1949", "year": "1949", "json_url": "/data/legal/docs/norm-8481.json", "html_url": "/legal/doc/norm-8481", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8481&strTipM=TC&nValor3=0" }, { "id": "norm-84958", "citation": "Decreto 40675", "section": "norms", "doc_type": "executive_decree", "title_en": "National convenience declaration for the \"Atenas water supply improvements\" project", "title_es": "Declaratoria de conveniencia nacional del proyecto \"Mejoras al sistema de abastecimiento de Atenas\"", "summary_en": "Executive Decree No. 40675-MINAE declares the \"Improvements to the Atenas Water Supply System\" project, to be developed by the Costa Rican Institute of Aqueducts and Sewers (AyA), as a project of national convenience. This declaration allows, under Articles 19(b) and 34 of Forestry Law No. 7575, the cutting of trees and land-use change in forested lands and protection areas, excluding State Natural Heritage lands. The project aims to expand the water conveyance capacity from the Prendas spring to meet the current and future demand of approximately 30,000 inhabitants in the Atenas canton, where there is a deficit of 20 liters per second. Environmental viability was granted by SETENA through Resolution No. 1614-2014-SETENA, and obligations are established for the developer, such as limited, proportional, and reasonable tree cutting, prior authorization from the relevant Conservation Area, and environmental compensation. It is based on the premise that social benefits outweigh socio-environmental costs, ensuring the human right to drinking water.", "primary_topic_id": "water-law", "topic_ids": [ "forestry-law-7575", "water-law", "environmental-law-7554" ], "date": "25/09/2017", "year": "2017", "json_url": "/data/legal/docs/norm-84958.json", "html_url": "/legal/doc/norm-84958", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=84958&strTipM=TC&nValor3=0" }, { "id": "norm-85052", "citation": "Ley 9482", "section": "norms", "doc_type": "law", "title_en": "Construction Law Amendment", "title_es": "Reforma Ley de Construcciones", "summary_en": "Law 9482 of 2017 amends the Construction Law (Law No. 833) to update fine amounts for violations of rules on advertising and hazardous structures, and defines the roles and responsibilities of engineering and architecture professionals who authorize and supervise construction works. It also introduces a new article 83 bis that allows any person to carry out minor works (repairs, remodeling, expansions) without a responsible professional, provided the cost does not exceed ten base salaries. In such cases, a municipal license is required and the municipality must supervise the work. The amendment requires municipalities to issue a regulation for minor works that ensures the protection of public health, life, and a healthy and balanced environment. It also establishes a mechanism to prevent the splitting of major works into multiple minor ones to evade controls.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/09/2017", "year": "2017", "json_url": "/data/legal/docs/norm-85052.json", "html_url": "/legal/doc/norm-85052", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=85052&strTipM=TC&nValor3=0" }, { "id": "norm-85157", "citation": "Decreto 40700", "section": "norms", "doc_type": "executive_decree", "title_en": "Corcovado National Park Public Use Regulation", "title_es": "Reglamento de uso público del Parque Nacional Corcovado", "summary_en": "This decree establishes the regulatory framework for public use of Corcovado National Park, on the Osa Peninsula. It governs entry, hours, reservations, authorized trails, obligations of guides and tour operators, and a catalogue of prohibitions for visitors. It replaces the previous 1993 regulation. Its purpose is to manage growing visitation in order to protect the park's terrestrial and marine ecosystems, ensuring that tourism, educational, and research activities have minimal impact. It includes key definitions, visitation conditions—such as the mandatory accompaniment of a guide on certain segments—, stay limits, waste management, and the administration's authority to close areas or regulate activities based on impact. It also exempts SINAC from civil liability for visitor injuries and holds guides and operators responsible for damages to the State's natural heritage.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "12/10/2017", "year": "2017", "json_url": "/data/legal/docs/norm-85157.json", "html_url": "/legal/doc/norm-85157", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=85157&strTipM=TC&nValor3=0" }, { "id": "norm-85366", "citation": "Decreto 40599", "section": "norms", "doc_type": "executive_decree", "title_en": "Fisheries and Aquaculture Law Citizen Complaint Manual and Protocol", "title_es": "Manual y Protocolo de Denuncias de la Ley de Pesca y Acuicultura", "summary_en": "This decree formalizes the Citizen Complaint Manual for Crimes and Administrative Offenses and the Joint Action Protocol under the Fisheries and Aquaculture Law (Law No. 8436). The manual guides citizens on how to report illegal fishing activities, detailing punishable conducts (LPA articles 136 to 153) and the recommended information for an effective complaint. The protocol establishes inter-institutional coordination among INCOPESCA, the Coast Guard, the Public Force, MINAE-SINAC, SENASA, PGR, MP, and OIJ for investigating and prosecuting these offenses. It covers procedures for boarding, seizure of vessels and gear, sale or destruction of products, environmental damage assessment, and precautionary measures. The decree aims to foster citizen participation and improve law enforcement to conserve hydrobiological resources.", "primary_topic_id": null, "topic_ids": [], "date": "14/09/2017", "year": "2017", "json_url": "/data/legal/docs/norm-85366.json", "html_url": "/legal/doc/norm-85366", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=85366&strTipM=TC&nValor3=0" }, { "id": "norm-85374", "citation": "Directriz 090", "section": "norms", "doc_type": "directive", "title_en": "Citizen Complaint Manual for Fisheries and Aquaculture Law Violations", "title_es": "Manual de denuncias ciudadanas por delitos y faltas de la Ley de Pesca y Acuicultura", "summary_en": "This Directive officially adopts the Citizen Complaint Manual and Joint Action Protocol for enforcing the Fisheries and Aquaculture Law (Law No. 8436). The Manual instructs citizens on reporting fisheries crimes and administrative infractions—such as unlicensed fishing, prohibited gear, or endangered species capture—and lists desirable information for effective complaints. The Protocol coordinates the actions of INCOPESCA, Coast Guard, Police, SINAC, SENASA, the Public Prosecutor's Office, the Attorney General's Office, and the Judicial Investigation Agency in investigating, seizing, and sanctioning these violations, covering boarding procedures, chain of custody, environmental damage assessment, and disposal of confiscated assets.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "14/09/2017", "year": "2017", "json_url": "/data/legal/docs/norm-85374.json", "html_url": "/legal/doc/norm-85374", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=85374&strTipM=TC&nValor3=0" }, { "id": "norm-8561", "citation": "Ley 6982", "section": "norms", "doc_type": "law", "title_en": "Budget Law for 1985", "title_es": "Ley de Presupuesto para 1985", "summary_en": "Law 6982 approves Costa Rica's National Budget for the 1985 fiscal year. It sets forth budget execution rules, spending authorizations, revolving funds, personnel and position regulations, and various provisions affecting multiple state institutions. It includes amendments to other laws, such as the Income Tax Law and the Law for Pensioned and Annuitant Residents, as well as specific authorizations for the acquisition of goods, donations, land transfers, and tax exemptions. Although most of its provisions are fiscal and administrative in nature, it contains a few articles with environmental implications, such as the expropriation of the Las Cruces Botanical Garden or the use of land for recreational areas. Several articles were later annulled by the Constitutional Chamber.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/12/1984", "year": "1984", "json_url": "/data/legal/docs/norm-8561.json", "html_url": "/legal/doc/norm-8561", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8561&strTipM=TC&nValor3=0" }, { "id": "norm-85812", "citation": "Decreto 6296", "section": "norms", "doc_type": "regulation", "title_en": "Manual for Regulatory Plans as a Territorial Planning Tool", "title_es": "Manual de Planes Reguladores como instrumento de ordenamiento territorial", "summary_en": "This INVU manual updates the procedures for creating and managing regulatory plans in Costa Rica, replacing the previous 2007 guide. It provides a conceptual, legal, and methodological framework for municipal governments in urban planning and local land-use management. It outlines seven stages: preliminary preparation, multidisciplinary territorial diagnosis (covering social, physical-spatial, economic, political-institutional, legal, and environmental axes), proposal formulation, review and adoption, management, modification/suspension/repeal, and corresponding publications. It integrates the Environmental Variable overseen by SETENA, citizen participation as a principle, and alignment with national and regional planning instruments. Optional in application, the manual aims to strengthen sustainable planning, inter-institutional coordination, and efficient land use for the common good.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "environmental-law-7554" ], "date": "14/12/2017", "year": "2017", "json_url": "/data/legal/docs/norm-85812.json", "html_url": "/legal/doc/norm-85812", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=85812&strTipM=TC&nValor3=0" }, { "id": "norm-86267", "citation": "Decreto 40932", "section": "norms", "doc_type": "executive_decree", "title_en": "General Consultation Mechanism for Indigenous Peoples", "title_es": "Mecanismo General de Consulta a Pueblos Indígenas", "summary_en": "Executive Decree No. 40932-MP-MJP, issued in 2018, establishes the General Consultation Mechanism for Indigenous Peoples, which aims to regulate the obligation of the Executive Branch to consult indigenous peoples in a free, prior, and informed manner, through culturally appropriate procedures and via their representative institutions, whenever administrative measures, bills promoted by the Executive Branch, or private projects that may affect their collective rights are foreseen. The decree defines indigenous peoples, their territories, and collective rights, incorporating principles such as good faith, intercultural dialogue, self-determination, and gender equality. It creates the Indigenous Consultation Technical Unit (UTCI) within the Ministry of Justice and Peace to manage the processes technically and financially, and the Territorial Indigenous Consultation Authorities as counterparts from indigenous territories. It details an eight-stage procedure from request to monitoring of agreements, establishing that consultations seek consent or binding agreements, with safeguards for cases of overriding public interest. The regulation is mandatory for the central Executive Branch, with the possibility of adherence by other branches and local governments.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "06/03/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86267.json", "html_url": "/legal/doc/norm-86267", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86267&strTipM=TC&nValor3=0" }, { "id": "norm-86285", "citation": "Ley 9524", "section": "norms", "doc_type": "law", "title_en": "Strengthening Budgetary Control of Deconcentrated Organs of the Central Government", "title_es": "Fortalecimiento del control presupuestario de los órganos desconcentrados del Gobierno Central", "summary_en": "Law 9524 incorporates the budgets of all deconcentrated organs of the Central Administration into the national budget for discussion and approval by the Legislative Assembly, transferring control from the Comptroller General to the Legislative Branch. The reform aims at greater fiscal consolidation and transparency, aligning their budget cycles with the rest of the Central Government. It amends several organic laws —including the Financial Administration and Public Budget Law, the National Printing Office Law, and the Notarial Code— to adjust budget formulation, approval, and oversight procedures. The Ministry of Finance defines the applicable form and technique and provides technical support. The law repeals Article 8 of Law 7758 and establishes transitory provisions for an orderly migration, completing budget execution under the previous model in fiscal year 2020.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/03/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86285.json", "html_url": "/legal/doc/norm-86285", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86285&strTipM=TC&nValor3=0" }, { "id": "norm-86317", "citation": "Decreto 40103", "section": "norms", "doc_type": "executive_decree", "title_en": "Single Window for Investment System Regulation", "title_es": "Reglamento del Sistema de Ventanilla Única de Inversión", "summary_en": "This executive decree creates the Single Window for Investment System (VUI) administered by PROCOMER, aimed at centralizing, streamlining, and simplifying the procedures required for the formal installation, operation, and functioning of companies in Costa Rica, especially those under special regimes like Free Trade Zone. It establishes a Board of Directors composed of ministers and private and public sector representatives to coordinate regulatory improvement. The regulation details the structure of the Technical Secretariat, priority working groups (including an environmental one), and electronic processing principles, including the obligation of institutions to collaborate with PROCOMER and adapt their procedures to facilitate investment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/12/2016", "year": "2016", "json_url": "/data/legal/docs/norm-86317.json", "html_url": "/legal/doc/norm-86317", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86317&strTipM=TC&nValor3=0" }, { "id": "norm-86329", "citation": "Ley 9440", "section": "norms", "doc_type": "law", "title_en": "Law Creating the Sixteenth Canton of Río Cuarto", "title_es": "Ley de Creación del Cantón XVI Río Cuarto", "summary_en": "This law segregates the Río Cuarto district from the Canton of Grecia, Alajuela Province, to establish it as the sixteenth canton named Río Cuarto. It sets out the procedure for defining its districts and selecting a capital by plebiscite, delineates the territorial boundaries with neighboring cantons (San Carlos, Sarapiquí, Valverde Vega, and Alajuela), and provides guidelines for the administrative and budgetary transition from the Municipality of Grecia to the new municipal government, including the transfer of employees and resources. Amendments introduced by Law No. 9634 added articles and transitory provisions regulating temporary administration and the takeover date of new authorities in May 2020. The law does not address environmental matters or land-use planning with direct ecological implications.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/05/2017", "year": "2017", "json_url": "/data/legal/docs/norm-86329.json", "html_url": "/legal/doc/norm-86329", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86329&strTipM=TC&nValor3=0" }, { "id": "norm-86405", "citation": "Decreto 41003", "section": "norms", "doc_type": "executive_decree", "title_en": "Areas to be avoided to protect cetaceans in the Costa Rican Pacific", "title_es": "Zonas a evitar para proteger cetáceos en el Pacífico costarricense", "summary_en": "This Executive Decree establishes maritime areas where navigation is prohibited (Areas to be Avoided) and a Traffic Separation Scheme in the Costa Rican Pacific. The objective is to increase maritime safety and reduce the risk of collisions between merchant vessels and cetaceans, especially humpback whales that use these waters as a breeding ground. Two Areas to be Avoided are defined: one in Bahía Pavón, at the entrance of Golfo Dulce, and another on the Osa Peninsula, following recommendations of the International Maritime Organization (IMO). Additionally, a Traffic Separation Scheme and Coastal Navigation Zones are set up in the Gulf of Nicoya to organize vessel traffic approaching the ports of Caldera and Puntarenas. The regulation prohibits entry to these zones for merchant vessels of 500 gross tonnage or more (in Golfo Dulce) and 900 gross tonnage or more (in Gulf of Nicoya). Non-compliance is sanctioned under the Fisheries and Aquaculture Law.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "environmental-law-7554" ], "date": "22/03/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86405.json", "html_url": "/legal/doc/norm-86405", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86405&strTipM=TC&nValor3=0" }, { "id": "norm-86410", "citation": "Decreto 41086", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of Law 9036 — Rural Development", "title_es": "Reglamento de la Ley 9036 — Desarrollo Rural", "summary_en": "This executive regulation developed Law No. 9036, which transformed the Agrarian Development Institute (IDA) into the Rural Development Institute (INDER), in order to regulate land planning, acquisition, allocation and control, the operation of the Land and Rural Development Funds, and mechanisms for territorial participation such as the Territorial Rural Development Councils (CTDR). It established procedures for selecting beneficiaries of productive, social and housing projects, under priority lease models and, exceptionally, for property allocation. It also defined the Rural Credit System, avenues for resolving precarious occupancy conflicts, and the administrative recognition of ten-year possession completed before November 29, 2012. It was repealed by Executive Decree No. 43102 of June 29, 2021.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "09/04/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86410.json", "html_url": "/legal/doc/norm-86410", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86410&strTipM=TC&nValor3=0" }, { "id": "norm-86430", "citation": "Decreto 41056", "section": "norms", "doc_type": "executive_decree", "title_en": "Hammerhead Shark Sanctuary Golfo Dulce", "title_es": "Santuario del Tiburón Martillo Golfo Dulce", "summary_en": "This decree establishes a 15,430.9-hectare natural sanctuary in Golfo Dulce to protect the hammerhead shark (Sphyrna lewini), a species listed as Endangered by the IUCN. It prohibits fishing, capture, transport, and commercialization of hammerhead sharks within the sanctuary, which includes protected wild areas, river mouths, estuaries, mangroves, and marine areas up to 6 meters deep. The Ministry of Environment and Energy (MINAE) is tasked with promoting actions to reduce shark mortality, encouraging research and biological monitoring, fostering responsible fishing, and engaging local communities. Educational programs and wetland management plans under an ecosystem approach are also mandated. MINAE, in coordination with the Coast Guard and the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA), oversees enforcement, with penalties under the Fisheries and Aquaculture Law.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "02/04/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86430.json", "html_url": "/legal/doc/norm-86430", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86430&strTipM=TC&nValor3=0" }, { "id": "norm-86449", "citation": "Directriz 108", "section": "norms", "doc_type": "directive", "title_en": "Comprehensive Attention for the Northern Border Zone in Pocosol, Cutris, and Pital", "title_es": "Atención integral de la zona fronteriza norte en los distritos de Pocosol, Cutris y Pital", "summary_en": "Directive No. 108-MP instructs centralized and decentralized public administration bodies to collaborate on implementing a Comprehensive Development Plan for the districts of Pocosol, Cutris, and Pital in San Carlos. It is based on the Central American Strategy for Rural Territorial Development (ECADERT) and Law No. 9036. The Plan covers four dimensions, including an environmental dimension, although specific actions are not detailed in the text. Overall coordination is led by the Ministry of the Presidency, the Rural Development Institute (Inder), the Ministry of Public Security, and the Ministry of Environment and Energy (MINAE). Progress follow-up and evaluation will occur quarterly, with reports shared with organized civil society. The directive aims to produce articulated and coordinated short-, medium-, and long-term responses for the sustainable development of the northern border zone, involving multiple public institutions and local stakeholders.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "03/05/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86449.json", "html_url": "/legal/doc/norm-86449", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86449&strTipM=TC&nValor3=0" }, { "id": "norm-86498", "citation": "Decreto 41054", "section": "norms", "doc_type": "executive_decree", "title_en": "Procedure for verifying compliance with good manufacturing practices for human-use medicines", "title_es": "Procedimiento para la verificación del cumplimiento de las buenas prácticas de manufactura de medicamentos para uso humano", "summary_en": "This decree establishes the technical procedure for the Ministry of Health to verify compliance with Good Manufacturing Practices (GMP) in domestic and foreign pharmaceutical laboratories marketing products in Costa Rica. It provides three verification pathways: direct inspection by the Ministry, submission of reports from strict regulatory authorities or PIC/S members, or reports from accredited authorized third parties. It regulates timelines, costs, legalization requirements, and potential sanitary measures such as suspension or cancellation of registrations if critical non-conformities or health risks are detected. Its objective is to guarantee medicine quality and harmonize standards with international benchmarks.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/02/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86498.json", "html_url": "/legal/doc/norm-86498", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86498&strTipM=TC&nValor3=0" }, { "id": "norm-86501", "citation": "Decreto 41094", "section": "norms", "doc_type": "executive_decree", "title_en": "Commission for Integrated Aquifer Management in Sardinal", "title_es": "Comisión para el manejo integrado de acuíferos en Sardinal", "summary_en": "Executive Decree No. 41094 creates the Commission for Integrated Aquifer Management in the District of Sardinal, Carrillo Canton, Guanacaste. Its geographical scope includes the Sardinal, Panamá, El Coco-Ocotal, Hermosa, San Blas and La Libertad aquifers, motivated by water stress detected in these coastal sources and exacerbated by ENSO events. The Commission, chaired by MINAE's representative, aims to coordinate public institutions, local government, community water associations (ASADAS), productive sectors, and civil society to promote rational use and preservation of water resources, prioritizing human consumption. It does not manage funds and its recommendations are non-binding, but it facilitates plan coordination, monitoring of flow and water quality, and closure of illegal wells, complying with an order from the Constitutional Chamber.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "03/05/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86501.json", "html_url": "/legal/doc/norm-86501", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86501&strTipM=TC&nValor3=0" }, { "id": "norm-86549", "citation": "Directriz 13", "section": "norms", "doc_type": "directive", "title_en": "Guidelines for the prevention and mitigation of wildlife electrocution by power lines", "title_es": "Guía para la prevención y mitigación de la electrocución de fauna silvestre por tendidos eléctricos", "summary_en": "This directive from the Minister of Environment and Energy establishes technical guidelines for electricity distribution companies (ICE, CNFL, JASEC, ESPH, cooperatives) and other environmental managers to adopt prevention and mitigation measures for wildlife electrocution on power lines. The guidelines, available on MINAE's website, contain specific protocols for network design, construction, and operation. Companies are urged to apply them, to annually report incident data (species, location, damages) to SINAC, and to participate in the \"Sustainable Electrification\" working group for continuous improvement. The directive warns that non-compliance may lead to sanctions under the Wildlife Conservation, Biodiversity, and Organic Environment laws. It is grounded in the constitutional right to a healthy environment, the precautionary principle, and the obligation to ensure electricity service continuity.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788", "art-50-constitution" ], "date": "23/05/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86549.json", "html_url": "/legal/doc/norm-86549", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86549&strTipM=TC&nValor3=0" }, { "id": "norm-86581", "citation": "Decreto 41092", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Incentives for Electric Transportation", "title_es": "Reglamento de Incentivos para el Transporte Eléctrico", "summary_en": "This regulation implements Law No. 9518 of 2018, creating economic and non-economic incentives to promote electric transportation in Costa Rica. It establishes tax exemptions for new electric vehicles, including general sales tax, selective consumption tax, and customs value tax, with a cap of 24 base salaries. It also defines a gradual exemption from vehicle property tax for the first five years after nationalization. Non-economic incentives include exemption from vehicle restriction, parking meter fees, and access to special parking spaces, identified by a distinctive MINAE logo. The regulation details the exemption request procedure via the EXONET system, with involvement of the Technical Review Oversight Body of the Road Safety Council and the Exemptions Management Department, specifying resolution deadlines. It is an objective regulation, focusing on the electric nature of the vehicle rather than the applicant's subjective conditions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/04/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86581.json", "html_url": "/legal/doc/norm-86581", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86581&strTipM=TC&nValor3=0" }, { "id": "norm-86594", "citation": "Decreto 41134", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Ostional Wildlife Refuge Law", "title_es": "Reglamento a la Ley del Refugio de Vida Silvestre Ostional", "summary_en": "Executive Decree No. 41134-MINAE regulates Law No. 9348, which creates a special legal regime for the Ostional National Wildlife Refuge. It establishes technical standards, administrative procedures, and requirements for granting land-use permits and concessions on state lands and public entities, as well as certificates of land-use compliance and authorizations for projects on private lands within the refuge. It defines permitted uses—residential, recreational, small-scale sustainable agriculture, ecotourism, research, communal services—and prohibitions, such as occupation of the public maritime-terrestrial zone, forests, wetlands, and protection areas. It regulates the General Management Plan as the guiding instrument, the composition and functions of the Refuge Procedures Committee and Subcommittee, payment of fees and charges, transfer of concessions by inheritance, and grounds for extinction and cancellation. It includes provisions for eviction and demolition, prioritizing relocation of vulnerable occupants. This regulation was annulled by the Constitutional Court in ruling No. 022606-2022.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "forestry-law-7575" ], "date": "10/04/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86594.json", "html_url": "/legal/doc/norm-86594", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86594&strTipM=TC&nValor3=0" }, { "id": "norm-86595", "citation": "Ley 9542", "section": "norms", "doc_type": "law", "title_en": "Municipal Police Strengthening Law", "title_es": "Ley de Fortalecimiento de la Policía Municipal", "summary_en": "This law adds a chapter on municipal police to the Municipal Code, defining their jurisdiction as auxiliaries to the Public Force in each canton under the mayor's command. It sets forth their powers of surveillance and control over communal services and property, enforcement of municipal regulations, and coordination with other authorities. It establishes entry requirements and firearm licensing, limiting the use of semi-automatic weapons under training at the National Police Academy. It also amends other laws to modify the composition of municipal council committees, including a security one, and enables municipalities to implement electronic surveillance and levy fees related to security in parks and green areas.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/04/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86595.json", "html_url": "/legal/doc/norm-86595", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86595&strTipM=TC&nValor3=0" }, { "id": "norm-86600", "citation": "Decreto 41124", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Ecosystem Services Management and Recognition", "title_es": "Reglamento para la gestión y reconocimiento de servicios ecosistémicos", "summary_en": "This executive decree establishes the regulatory framework for SINAC to manage and recognize ecosystem services (ES) provided by the State Natural Heritage and private lands important for conservation. It defines economic and non-economic mechanisms —such as trusts, payments for ES, conservation credits, royalties, debt-for-nature swaps, partnerships, and technical assistance— that must guarantee biodiversity conservation and sustainable use, contribute to the financial sustainability of Protected Wild Areas, and promote community participation. It creates the Ecosystem Services Program under SINAC's Executive Secretariat, responsible for designing, managing, and monitoring these mechanisms. Funds from ES internalization will be used for institutional strengthening and community-based biodiversity management projects. The regulation was repealed in 2024 by Executive Decree No. 44607.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "05/04/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86600.json", "html_url": "/legal/doc/norm-86600", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86600&strTipM=TC&nValor3=0" }, { "id": "norm-86616", "citation": "Decreto 41015", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation on Tax Exemptions for Agricultural and Organic Activity", "title_es": "Reglamento de Exoneraciones Fiscales para la Actividad Agropecuaria y Orgánica", "summary_en": "This executive decree regulates Article 5 of the Law Regulating Exemptions and Article 26 of the Organic Agriculture Promotion Law. It establishes the procedures and requirements for agricultural producers to request exemption from import taxes on machinery, equipment, inputs, and raw materials used in agricultural, livestock, beekeeping, aquaculture, and forestry production. Three types of exemptions are defined: objective (for goods of general use listed in the annexes), subjective or special (machinery and equipment for the exclusive use of the producer), and for organic production (intended for organized organic producer groups). The Ministry of Agriculture, through the National Directorate of Agricultural Extension, issues a binding technical recommendation for the granting of the exemption by the Ministry of Finance. The previous regulation (Decree 34706) is repealed, and the Technical Exemption Commission is eliminated, thus streamlining procedures. The decree includes exhaustive lists of goods in five annexes and mechanisms for periodic updates.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/03/2018", "year": "2018", "json_url": "/data/legal/docs/norm-86616.json", "html_url": "/legal/doc/norm-86616", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=86616&strTipM=TC&nValor3=0" }, { "id": "norm-8667", "citation": "Ley 7044", "section": "norms", "doc_type": "law", "title_en": "EARTH University Creation Law", "title_es": "Ley de Creación de EARTH", "summary_en": "This law creates the Escuela de Agricultura de la Región Tropical Húmeda (EARTH) as a private university-level institution of higher education, with public utility purposes and specializing in teaching, research, and dissemination of knowledge on agriculture and conservation of the humid tropics. The law defines EARTH's legal personality, objectives, assets, governance structure (Board of Directors, Board of Trustees, and Director), and grants it tax and customs exemptions for academic purposes. It also regulates immigration and tax privileges for its foreign staff and establishes the disposition of assets upon dissolution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/09/1986", "year": "1986", "json_url": "/data/legal/docs/norm-8667.json", "html_url": "/legal/doc/norm-8667", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8667&strTipM=TC&nValor3=0" }, { "id": "norm-87008", "citation": "Decreto 6328", "section": "norms", "doc_type": "regulation", "title_en": "Modification of the INVU Construction Regulation", "title_es": "Modificación del Reglamento de Construcciones del INVU", "summary_en": "This decree amends the Construction Regulation of the National Institute of Housing and Urbanism (INVU) by reforming Articles 3 (Definitions), 4 (Acronyms), and updating numerous substantive articles. The amendment introduces new definitions such as 'shelter', 'digital logbook', 'minor works', and 'corridor', while redefining key concepts like 'building height', 'right-of-way', and 'responsible professional'. It updates provisions on setbacks, alignments, building heights, maximum number of dwelling units per lot, telecommunications infrastructure, and exterior visual communication. Requirements for third-party certification, sustainability principles, and universal accessibility are incorporated. The aim is to modernize the technical and legal framework for construction, reflecting technological advances, institutional coordination, and harmonization with environmental and human safety standards. The agreement was adopted by the INVU Board of Directors at ordinary session No. 6328 on July 26, 2018.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "26/07/2018", "year": "2018", "json_url": "/data/legal/docs/norm-87008.json", "html_url": "/legal/doc/norm-87008", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=87008&strTipM=TC&nValor3=0" }, { "id": "norm-871", "citation": "Constitución Política 0 (Asamblea Nacional Constituyente, 07/11/1949)", "section": "norms", "doc_type": "constitution", "title_en": "Right to a Healthy and Ecologically Balanced Environment — Article 50 of the Political Constitution", "title_es": "Derecho a un ambiente sano y ecológicamente equilibrado — Artículo 50 de la Constitución Política", "summary_en": "Article 50 of the Political Constitution of Costa Rica, amended in 1994, establishes the fundamental right of every person to a healthy and ecologically balanced environment. This provision grants standing to any individual to denounce acts that violate this right and to claim reparation for the damage caused. The State is obligated to guarantee, defend, and preserve this right. In 2020, a paragraph was added recognizing the human right to access to potable water, declaring water a national asset essential for life, and prioritizing human and population supply. The article defers to the law the determination of corresponding liabilities and penalties.", "primary_topic_id": "art-50-constitution", "topic_ids": [ "art-50-constitution" ], "date": "07/11/1949", "year": "1949", "json_url": "/data/legal/docs/norm-871.json", "html_url": "/legal/doc/norm-871", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=871&strTipM=TC&nValor3=0" }, { "id": "norm-87145", "citation": "Ley 9590", "section": "norms", "doc_type": "law", "title_en": "Law to Authorize Water Extraction for Human Consumption and Related Works in the State Natural Heritage", "title_es": "Ley para autorizar el aprovechamiento de agua para consumo humano y construcción de obras conexas en el Patrimonio Natural del Estado", "summary_en": "This law amends Forestry Law 7575 and Organic Environment Law 7554 to allow surface water extraction and construction of water supply infrastructure on State Natural Heritage (PNE) lands. It introduces Article 18 bis to the Forestry Law, authorizing entities such as AyA, municipalities, ESPH, and ASADAs to carry out these activities, subject to a public interest declaration by the Executive Branch, and strict requirements: technical studies, environmental impact assessment, proof of no alternative sources, and AyA endorsement. In strictly protected wild areas, Article 38 of the Organic Environment Law must also be met. The law also adds Article 52 bis to the Organic Environment Law, defining protective zones as protected wild areas for hydrological regulation and watershed protection. It is a norm that relaxes the use of PNE to ensure public drinking water supply.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "03/07/2018", "year": "2018", "json_url": "/data/legal/docs/norm-87145.json", "html_url": "/legal/doc/norm-87145", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=87145&strTipM=TC&nValor3=0" }, { "id": "norm-87256", "citation": "Decreto 41171", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Bahía Santa Elena Marine Management Area", "title_es": "Creación del Área Marina de Manejo Bahía Santa Elena", "summary_en": "This executive decree establishes the Bahía Santa Elena Marine Management Area, a 732.1-hectare protected area in the Pacific Ocean on the northern coast of the Santa Elena Peninsula. Based on scientific studies by CIMAR and a social consultation process with fishermen, the tourism sector, and communities of Cuajiniquil and El Jobo, the decree creates the 'Marine Management Area' category under the Biodiversity Law. Management is entrusted to SINAC through the Guanacaste Conservation Area, guided by a General Management Plan defining zoning and permitted uses. Objectives include conservation and sustainable use of marine-coastal resources, fish reproduction, threat mitigation, and responsible fishing. It emphasizes shared governance, community participation, and interinstitutional coordination with INCOPESCA and the National Coast Guard Service. The decree fulfills international commitments such as the Convention on Biological Diversity and the target of protecting at least 10% of marine zones by 2020.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "05/06/2018", "year": "2018", "json_url": "/data/legal/docs/norm-87256.json", "html_url": "/legal/doc/norm-87256", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=87256&strTipM=TC&nValor3=0" }, { "id": "norm-87642", "citation": "Ley 9610", "section": "norms", "doc_type": "law", "title_en": "Law modifying the boundaries of the Lomas de Barbudal Biological Reserve for the Paacume project", "title_es": "Ley que modifica límites de la Reserva Biológica Lomas de Barbudal para el proyecto Paacume", "summary_en": "This law, enacted by the Legislative Assembly, modifies the boundaries of the Lomas de Barbudal Biological Reserve to allow for the development of the Water Supply Project for the Middle Tempisque River Basin and Coastal Communities (Paacume). It adjusts and delimits the protected area through detailed coordinates, reducing its extent to make room for the construction of a reservoir and related works. It also authorizes land-use change and the disaffection of articles 13 and 33 of Forestry Law 7575 in the excluded area, lifts the prohibition on logging and forest use, and empowers SINAC to use or donate the timber extracted from the reservoir area. SENARA is designated as the entity responsible for the environmental study, which must include prevention, mitigation, and compensation measures. Once construction is complete, the reservoir area with its protective ring will become a wetland managed by SINAC under article 33 of the Forestry Law and will be assigned a management category that does not conflict with the water uses of the project.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "biological-corridors" ], "date": "17/10/2018", "year": "2018", "json_url": "/data/legal/docs/norm-87642.json", "html_url": "/legal/doc/norm-87642", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=87642&strTipM=TC&nValor3=0" }, { "id": "norm-87720", "citation": "Ley 9635", "section": "norms", "doc_type": "law", "title_en": "Exemption of FONAFIFO Environmental Service Payments from the Fiscal Rule", "title_es": "Excepción de la regla fiscal a los pagos por servicios ambientales del FONAFIFO", "summary_en": "The Law for the Strengthening of Public Finances (Law 9635) establishes in its Title IV a fiscal rule that limits the growth of public spending to guarantee the sustainability of public finances. This law includes a series of exceptions to said fiscal rule, detailed in Article 6, for specific institutions and funds. Within these exceptions, subsection g) (originally f) expressly excludes the resources destined for the Payment for Environmental Services Program (PSA) administered by the National Forestry Financing Fund (FONAFIFO). This means that the funds the State recognizes to owners and possessors of forests and forest plantations for the environmental services they provide, such as biodiversity conservation, water resource protection, scenic beauty, and carbon capture, are not subject to the spending limit imposed by the fiscal rule. The purpose of this exclusion is to protect and ensure the continuity of the financing of these environmental programs, shielding them from general budgetary restrictions and recognizing their importance for environmental protection in Costa Rica.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/12/2018", "year": "2018", "json_url": "/data/legal/docs/norm-87720.json", "html_url": "/legal/doc/norm-87720", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=87720&strTipM=TC&nValor3=0" }, { "id": "norm-88157", "citation": "Decreto 41485", "section": "norms", "doc_type": "executive_decree", "title_en": "Technical Regulation for Pneumatic Tires", "title_es": "Reglamento Técnico para Llantas Neumáticas", "summary_en": "This Executive Decree establishes the technical and marking requirements that new replacement pneumatic tires sold in Costa Rica must meet, whether domestically produced or imported. It includes test specifications (tensile strength, bead unseating, endurance, high-speed performance, and dimensional requirements) based on international standards such as ISO, FMVSS, and UNECE. It defines obligations for conformity certification through accredited bodies, document retention for five years, and a transitional period for implementation. The regulation aims to protect consumer safety and ensure tire quality, excluding tires installed on new or used vehicles and certain tires for special vehicles.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/2018", "year": "2018", "json_url": "/data/legal/docs/norm-88157.json", "html_url": "/legal/doc/norm-88157", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=88157&strTipM=TC&nValor3=0" }, { "id": "norm-8830", "citation": "Ley 6901", "section": "norms", "doc_type": "law", "title_en": "Extraordinary Budget Law", "title_es": "Ley de Presupuesto Extraordinario", "summary_en": "Law 6901, the Extraordinary Budget Law, authorizes the Executive Branch to increase budget allocations for the Ministry of Public Works and Transport to repair and maintain the road network in agricultural and livestock areas, financed through RECOPE savings. It also grants a one-time subsidy of one hundred million colones to FERTICA for fertilizers. The law allows RECOPE to sell diesel at cost to the national fishing fleet and, under policies determined by the Executive, to the international fleet that refuels or makes repairs in Costa Rica, with a thirty-day deadline to regulate such sales. It establishes control mechanisms for the subsidized fuel by the National Production Council and the Ministry of Finance, with the possibility of permanent cancellation if misused. The additional subsidy to cover fixed costs not charged to fishing diesel is drawn from RECOPE's global subsidies, without increasing the total subsidy amount. Additionally, the law contains provisions on the 1984 National Censuses, a temporary suspension of certain vehicle taxes, and amendments to 1983 budget execution rules. It takes effect upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/10/1983", "year": "1983", "json_url": "/data/legal/docs/norm-8830.json", "html_url": "/legal/doc/norm-8830", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8830&strTipM=TC&nValor3=0" }, { "id": "norm-88306", "citation": "Decreto 41572", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Regulation on Geographical Indications and Designations of Origin", "title_es": "Reforma al Reglamento de Indicaciones Geográficas y Denominaciones de Origen", "summary_en": "This executive decree amends the Regulation on Provisions Relating to Geographical Indications and Designations of Origin (Decree No. 33743-J-COMEX), originally issued under the Law on Trademarks and Other Distinctive Signs (Law No. 7978). The reform aims to streamline the registration procedure for geographical indications (GIs) and designations of origin (DOs), both national and foreign, and provide greater legal certainty. Key changes include: definitions of concepts such as 'regulatory council' and 'public authority'; expansion of eligible applicants; detailed requirements for the product specification (pliego de condiciones), including traceability; establishment of clear deadlines and procedures for formal examination, publication, oppositions, and resolution of applications; regulation of regulatory councils, their recognition, functions, and financing; and the procedure for cancellation of registrations. Additionally, specific provisions are established for the registration of foreign GIs and DOs, including those listed in free trade agreements or under the Lisbon Agreement, simplifying requirements and recognizing the protection granted in the country of origin.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/02/2019", "year": "2019", "json_url": "/data/legal/docs/norm-88306.json", "html_url": "/legal/doc/norm-88306", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=88306&strTipM=TC&nValor3=0" }, { "id": "norm-88308", "citation": "Ley 9609", "section": "norms", "doc_type": "law", "title_en": "Agrarian Procedural Code", "title_es": "Código Procesal Agrario", "summary_en": "The Agrarian Procedural Code (Law 9609) establishes the agrarian jurisdiction, its material competence, and the procedure for resolving disputes arising from agricultural production, rural development, and related environmental matters. It defines the competent courts (agrarian courts, Agrarian Tribunal, and First Chamber of the Supreme Court), procedural principles (orality, immediacy, gratuity, itinerancy, search for real truth), standing, evidence, oral hearings, appeals, and alternative dispute resolution methods. It is relevant to environmental law because it includes jurisdiction over damages caused by agrarian activities to the environment, disputes over the use of environmental goods or services, and the participation of entities like JAPDEVA in environmental matters. It also regulates the involvement of indigenous communities and applies principles of equity and social justice.", "primary_topic_id": null, "topic_ids": [], "date": "27/09/2018", "year": "2018", "json_url": "/data/legal/docs/norm-88308.json", "html_url": "/legal/doc/norm-88308", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=88308&strTipM=TC&nValor3=0" }, { "id": "norm-88382", "citation": "Ley 9558", "section": "norms", "doc_type": "law", "title_en": "Authorization for CNP to Enter Land Administration Agreements with FEDEFUTBOL and AyA", "title_es": "Autorización al CNP para convenio de administración con FEDEFUTBOL y AyA", "summary_en": "This law authorizes the National Production Council (CNP) to enter into land administration agreements over a 33,254 m² property in San Rafael de Alajuela with two entities: the Costa Rican Football Federation (FEDEFUTBOL) and the Costa Rican Institute of Aqueducts and Sewers (AyA). FEDEFUTBOL is permitted to use the land for sports infrastructure for national team programs, including constructions and earthworks limited to a sports complex without profit, for a term of up to 30 years, renewable. AyA may build a well field to supply the San José metropolitan aqueduct, for up to 50 years, automatically renewable. The law establishes oversight obligations by the Comptroller General, social use requirements for children, youth, and older adults, and grounds for early termination upon breach.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/05/2018", "year": "2018", "json_url": "/data/legal/docs/norm-88382.json", "html_url": "/legal/doc/norm-88382", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=88382&strTipM=TC&nValor3=0" }, { "id": "norm-88410", "citation": "Ley 9654", "section": "norms", "doc_type": "law", "title_en": "Reform Development Banking System Law", "title_es": "Reforma Ley Sistema de Banca para el Desarrollo", "summary_en": "Law 9654 amends Law 8634 of the Development Banking System (SBD) to transform the National Development Trust (Finade) into the National Development Fund (Fonade), an autonomous patrimony with new borrowing and securitization capacities. It broadens the resources and functions of the Governing Council, including credit supervision and the setting of intermediation margins. Among the criteria for benefiting medium-sized enterprises, contribution to environmental sustainability is now considered. Priority is given to projects incorporating cleaner production—a preventive strategy to increase efficiency and reduce risks to the environment and human health. The law also reinforces the role of the National Learning Institute (INA) as a collaborator of the SBD, allocating at least 15% of its ordinary and extraordinary budgets to training, technical assistance, and business support, with a focus on innovation, technology transfer, and value creation in traditional and disruptive sectors.", "primary_topic_id": null, "topic_ids": [], "date": "14/02/2019", "year": "2019", "json_url": "/data/legal/docs/norm-88410.json", "html_url": "/legal/doc/norm-88410", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=88410&strTipM=TC&nValor3=0" }, { "id": "norm-88583", "citation": "Decreto 41635", "section": "norms", "doc_type": "executive_decree", "title_en": "Tuna Purse Seine License Regulation", "title_es": "Reglamento de Licencias para Pesca de Atún con Red de Cerco", "summary_en": "This decree regulates Article 49 of the Fisheries and Aquaculture Law, establishing a methodology to determine the value and annual number of tuna purse seine fishing licenses in Costa Rica's Pacific Exclusive Economic Zone. It defines factors for INCOPESCA to consider: optimal catch volume based on available biomass, average expected catch per vessel, and the institution's necessary annual revenue. The regulation aims to ensure resource sustainability, secure raw material for the national tuna industry, and generate income for the State and INCOPESCA. It limits the number of licenses according to biomass availability and requires licensees to make the entire catch available to the national industry. It includes provisions for annual updating of biomass, necessary revenue, and license quantity, and repeals previous regulations.", "primary_topic_id": null, "topic_ids": [], "date": "25/03/2019", "year": "2019", "json_url": "/data/legal/docs/norm-88583.json", "html_url": "/legal/doc/norm-88583", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=88583&strTipM=TC&nValor3=0" }, { "id": "norm-88813", "citation": "Decreto 41591", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to General Rules on Access to Genetic and Biochemical Resources and ex situ Access Regulations", "title_es": "Reforma a las Normas Generales de Acceso a Recursos Genéticos y Bioquímicos y Reglamento para Acceso ex situ", "summary_en": "This decree amends and clarifies procedures for access to genetic and biochemical resources of biodiversity and associated traditional knowledge, under both in situ and ex situ conditions. It updates definitions, requirements for basic research, bioprospecting, and economic use permits, and strengthens obligations on prior informed consent and fair benefit-sharing. It also modifies the registration of systematized ex situ collections, establishes minimum report contents, and reinforces the verification and control powers of CONAGEBIO’s Technical Office. It adopts biosafety measures for contained use of living modified organisms and allows the use of digital signatures and electronic communications in procedures, modernizing administration.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "18/09/2018", "year": "2018", "json_url": "/data/legal/docs/norm-88813.json", "html_url": "/legal/doc/norm-88813", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=88813&strTipM=TC&nValor3=0" }, { "id": "norm-8885", "citation": "Ley 7202", "section": "norms", "doc_type": "law", "title_en": "National Archives System Law", "title_es": "Ley del Sistema Nacional de Archivos", "summary_en": "This law creates and regulates Costa Rica's National Archives System, composed of public archives and those private and personal archives that voluntarily join. It establishes the Administrative Board of the National Archive as the highest authority and the General Directorate of the National Archive as the executing body, tasked with preserving, organizing and providing access to the nation's documentary heritage. It defines documents of scientific-cultural value as being of public interest and prohibits their exit from the country without authorization. The law governs the operation of public administrative archives, transfer of documents to the National Archive, and controlled elimination of documents through the National Commission on Selection and Elimination of Documents. It also establishes a regime of criminal and administrative sanctions for compliance, and encourages private archives to collaborate with the system.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/1990", "year": "1990", "json_url": "/data/legal/docs/norm-8885.json", "html_url": "/legal/doc/norm-8885", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8885&strTipM=TC&nValor3=0" }, { "id": "norm-88953", "citation": "Decreto 41779", "section": "norms", "doc_type": "executive_decree", "title_en": "Value Added Tax Law Regulation", "title_es": "Reglamento de la Ley del Impuesto sobre el Valor Agregado", "summary_en": "Executive Decree No. 41779-H, in force since July 2019, regulates the Value Added Tax (VAT) Law introduced by the Public Finance Strengthening Law (Law No. 9635). This regulation defines the essential elements of the new tax: taxable event, taxpayers, taxable base, rates (general 13% and reduced 4%, 2%, 1%, and 0.5%), exemptions, non-subjections, and the input tax credit system. It details special regimes, including those for used goods, cross-border digital services, and gambling. It establishes formal obligations for taxpayers, such as registration, issuance of electronic invoices, and monthly filing. It incorporates provisions on expedited and automatic refunds of credit balances, especially for exporters, and regulates the collection of VAT on digital services provided by non-residents. It repeals the previous regulation on the general sales tax.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/06/2019", "year": "2019", "json_url": "/data/legal/docs/norm-88953.json", "html_url": "/legal/doc/norm-88953", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=88953&strTipM=TC&nValor3=0" }, { "id": "norm-88954", "citation": "Ley 9699", "section": "norms", "doc_type": "law", "title_en": "Law on Corporate Criminal Liability for Bribery and Transnational Bribery", "title_es": "Ley de Responsabilidad Penal de Personas Jurídicas sobre Cohechos y Soborno Transnacional", "summary_en": "This law establishes the criminal liability regime for legal entities for domestic bribery, transnational bribery, and other offenses such as falsification of accounting records and money laundering. It details the conditions for attribution of liability, including duties of supervision, monitoring, and control. It regulates an optional model of organization, crime prevention, management, and control that may mitigate sanctions. It defines principal penalties (fine, loss of benefits, debarment, dissolution) and accessory penalties (publication of judgment). It contains specific procedural provisions for the investigation and prosecution of legal entities, precautionary measures, confiscation, and international cooperation. It amends related laws such as the Criminal Code, Commercial Code, and anti-corruption laws.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/06/2019", "year": "2019", "json_url": "/data/legal/docs/norm-88954.json", "html_url": "/legal/doc/norm-88954", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=88954&strTipM=TC&nValor3=0" }, { "id": "norm-88964", "citation": "Ley 9694", "section": "norms", "doc_type": "law", "title_en": "National Statistics System Law", "title_es": "Ley del Sistema de Estadística Nacional", "summary_en": "Law 9694 creates the National Statistics System (SEN) headed by the National Institute of Statistics and Censuses (INEC) as the technical governing body. It regulates the production and dissemination of official statistics under the principles of statistical confidentiality, transparency, specialty, proportionality, and technical independence. It establishes the obligation of individuals and legal entities to provide truthful and timely data, and imposes penalties for non-compliance. The SEN structure includes the Interinstitutional Statistics Commission and the National Consultative Council of Statistics. Financing for INEC comes from national budget transfers, the Central Bank, and a percentage of insurance premiums. The law is of public order and repeals Law 7839 of 1998. It does not address environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/06/2019", "year": "2019", "json_url": "/data/legal/docs/norm-88964.json", "html_url": "/legal/doc/norm-88964", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=88964&strTipM=TC&nValor3=0" }, { "id": "norm-89075", "citation": "Decreto 41818", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Income Tax Law Regulation", "title_es": "Reforma al Reglamento de la Ley del Impuesto sobre la Renta", "summary_en": "This executive decree amends and adds to the Regulation to the Income Tax Law (Executive Decree No. 18445-H) to align it with the Public Finance Strengthening Law (Law No. 9635). It introduces a new 15% tax on capital income and capital gains and losses, defining the taxable bases and valuation rules. Regarding corporate income tax, it incorporates worldwide income taxation for affected assets, anti-fragmentation rules for activities, and limits on interest deductibility. It provides detailed regulation on transfer pricing, repealing the previous decree on the matter. It repeals Article 26 of the previous regulation, which governed the determination of net income from the sale of urbanized land, considering it superseded by the new provisions on capital gains and due to the practical problems it generated.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/06/2019", "year": "2019", "json_url": "/data/legal/docs/norm-89075.json", "html_url": "/legal/doc/norm-89075", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=89075&strTipM=TC&nValor3=0" }, { "id": "norm-8912", "citation": "Ley 7015", "section": "norms", "doc_type": "law", "title_en": "Extraordinary Budget Law", "title_es": "Ley de Presupuesto Extraordinario", "summary_en": "This law amends and authorizes transfers, disbursements, condonations, and exemptions within the 1985 national budget and related statutes. It addresses specific allocations for municipalities, development associations, and other entities, reallocation of funds, authorizations to issue bonds, state guarantees, tax exemptions for higher education institutions, for the Costa Rican Social Security Fund (CCSS) for ambulances, for cooperatives and foundations, and salary adjustments for various public officials. It also contains provisions on pensions, working hours for drivers, and land transfers for public housing. Most articles lack direct environmental content, focusing on budgetary, administrative, and fiscal matters. Several tax exemption and urban planning articles have been annulled by the Constitutional Court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/11/1985", "year": "1985", "json_url": "/data/legal/docs/norm-8912.json", "html_url": "/legal/doc/norm-8912", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8912&strTipM=TC&nValor3=0" }, { "id": "norm-89162", "citation": "Resolución 30", "section": "norms", "doc_type": "resolution", "title_en": "Officialization of the Garcimuñoz Interurban Biological Corridor", "title_es": "Oficialización del Corredor Biológico Interurbano Garcimuñoz", "summary_en": "This administrative resolution by the National Council of Conservation Areas (CONAC) officially designates the Garcimuñoz Interurban Biological Corridor, in compliance with Biodiversity Law No. 7788 and its regulations, as well as executive decrees and prior resolutions governing the National Biological Corridors Program. It certifies that the initiative meets the required criteria: a Management Plan (Technical Profile) justifying its importance for biological connectivity, a boundary map, information on the Local Committee, and endorsements from technical and regional bodies. The officialization grants institutional recognition and formally integrates it into the country's biological corridor network, managed by SINAC through the Central Conservation Area. This promotes functional and structural ecosystem connectivity in urban spaces, contributing to biodiversity maintenance and enabling the migration and dispersal of flora and fauna, in line with the National Biological Corridors Program's objectives.", "primary_topic_id": "biological-corridors", "topic_ids": [ "biological-corridors" ], "date": "12/02/2018", "year": "2018", "json_url": "/data/legal/docs/norm-89162.json", "html_url": "/legal/doc/norm-89162", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=89162&strTipM=TC&nValor3=0" }, { "id": "norm-89297", "citation": "Decreto 41774", "section": "norms", "doc_type": "executive_decree", "title_en": "Promotion of Restoration and Conservation Initiatives for the Recovery of Coral Ecosystems", "title_es": "Promoción de iniciativas de restauración y conservación para la recuperación de los ecosistemas coralinos", "summary_en": "This Executive Decree No. 41774-MINAE establishes a framework for the protection, conservation, and restoration of coral reefs and coral ecosystems in Costa Rica. It defines terms such as coral reef, bleaching, acidification, and coral restoration. It instructs MINAE, through SINAC, to inventory and map priority reef ecosystems, incorporate climate change adaptation measures, and prohibit the extraction and commercialization of coral, except for authorized scientific purposes. It bans waste dumping and anchoring on coral areas. It creates a Coral Council to coordinate technical and conservation actions. It promotes public-private partnerships, research, coral farming for restoration, and the installation of artificial reefs for recreational and research purposes. This is an active norm that seeks to comply with international commitments such as the Aichi Targets and the Ramsar Convention, and to protect the ecosystem services provided by coral reefs on both coasts of the country.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788", "environmental-law-7554" ], "date": "06/06/2019", "year": "2019", "json_url": "/data/legal/docs/norm-89297.json", "html_url": "/legal/doc/norm-89297", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=89297&strTipM=TC&nValor3=0" }, { "id": "norm-89298", "citation": "Decreto 41775", "section": "norms", "doc_type": "executive_decree", "title_en": "Decree 41775 — Governance Mechanism for Marine Spaces", "title_es": "Decreto 41775 — Mecanismo de Gobernanza de los Espacios Marinos", "summary_en": "This executive decree creates a governance mechanism for marine spaces under Costa Rican jurisdiction, repealing previous Multiple Use Marine Areas (AMUM) and the National Council for Marine Development. It establishes the Marine Governance Commission as a permanent interministerial coordinating body with rotating membership from the ministries of Environment, Agriculture, Security, Public Works and Tourism, along with an Executive Secretariat. The decree introduces Marine Governance Units, where different legal regimes and economic activities coexist, and Marine Committees as formal citizen participation bodies to develop Marine Master Plans. It recognizes the preventive principle, ecosystem approach, and citizen participation. The regulation of fishery resources is explicitly excluded, remaining under the authority of INCOPESCA.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "08/06/2019", "year": "2019", "json_url": "/data/legal/docs/norm-89298.json", "html_url": "/legal/doc/norm-89298", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=89298&strTipM=TC&nValor3=0" }, { "id": "norm-8963", "citation": "Ley 6890", "section": "norms", "doc_type": "law", "title_en": "Amendments to the Municipal Code and Other Laws", "title_es": "Reformas al Código Municipal y Otras Leyes", "summary_en": "Law 6890 is a comprehensive reform of Costa Rica’s Municipal Code and related laws, enacted in 1983. It amends municipal competencies, taxation powers (fees, taxes, special assessments), budget rules, procurement, expropriation, and establishes cantonal sports committees. It sets rules for exemptions, prescription of tax debts, municipal stamps, mandatory urban services, and allocation of surcharge revenues on imports. While its focus is municipal, it contains provisions on clearing of vegetation on public roads and sidewalks, which may tangentially relate to local environmental management, but it lacks substantive environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/09/1983", "year": "1983", "json_url": "/data/legal/docs/norm-8963.json", "html_url": "/legal/doc/norm-8963", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=8963&strTipM=TC&nValor3=0" }, { "id": "norm-898", "citation": "Ley 6068", "section": "norms", "doc_type": "law", "title_en": "Law on Territorial Immutability Before Elections", "title_es": "Ley de invariabilidad territorial ante elecciones", "summary_en": "Law 6068 declares the Administrative Territorial Division of the Republic immutable during the fourteen months prior to all national elections for President and Vice Presidents. No new administrative districts may be created during that period. It also amends Article 10 of the Electoral Code to require the Executive Branch to prepare and publish the Administrative Territorial Division no later than twelve months before such elections. The law aims to prevent geographic manipulations that could influence election outcomes, ensuring stability and predictability in the country's political-administrative organization in the pre-electoral context. This is an electoral and administrative statute with no connection to environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/07/1977", "year": "1977", "json_url": "/data/legal/docs/norm-898.json", "html_url": "/legal/doc/norm-898", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=898&strTipM=TC&nValor3=0" }, { "id": "norm-89892", "citation": "Ley 9746", "section": "norms", "doc_type": "law", "title_en": "Reform Law 9746 of the National Financial System", "title_es": "Reforma Ley 9746 del Sistema Financiero Nacional", "summary_en": "Law 9746 reforms multiple laws of the Costa Rican financial system, including the Securities Market Regulatory Law, the Commerce Code, the Central Bank Organic Law, and the Penal Code. It strengthens the supervisory and international cooperation powers of superintendencies (Sugeval, Sugef, Supén, Sugese), allowing the exchange of confidential information with foreign authorities and on-site inspections. It establishes new financing mechanisms for superintendencies, with contributions from supervised entities. It modifies sanctions for securities market violations and introduces legal protections for supervisory officials. It does not contain environmental provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/10/2019", "year": "2019", "json_url": "/data/legal/docs/norm-89892.json", "html_url": "/legal/doc/norm-89892", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=89892&strTipM=TC&nValor3=0" }, { "id": "norm-89911", "citation": "Decreto 42015", "section": "norms", "doc_type": "executive_decree", "title_en": "Interinstitutional Coordination Regulation for the Protection of Groundwater Resources", "title_es": "Reglamento de Coordinación Interinstitucional para la Protección de los Recursos Hídricos Subterráneos", "summary_en": "Executive Decree No. 42015-MAG-MINAE-S-MIVAH establishes a coordination framework among the Executive Branch, decentralized entities, and municipalities for groundwater protection. It assigns specific functions to each institution (MINAE, SETENA, Water Directorate, MAG, SENARA, AyA, INVU, MIVAH, Ministry of Health) within their legal competencies. It regulates the hydrogeological component in local land-use plans (planes reguladores) and Environmental Impact Assessments (EIA), adopting methodologies such as GOD for aquifer vulnerability and Günther Schosinsky for recharge. It designates SINIGIRH as the official water information platform. The Decree resolves the competency conflict over the 2017 Generic Aquifer Protection Matrix by maintaining the transitional application of the Poás Matrix until official vulnerability maps or approved land-use plans exist, and directs SENARA to review the generic matrix.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "environmental-law-7554", "subdivision-fraccionamiento" ], "date": "25/10/2019", "year": "2019", "json_url": "/data/legal/docs/norm-89911.json", "html_url": "/legal/doc/norm-89911", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=89911&strTipM=TC&nValor3=0" }, { "id": "norm-90010", "citation": "Decreto 6411", "section": "norms", "doc_type": "regulation", "title_en": "Subdivision and Urbanization Regulation", "title_es": "Reglamento de Fraccionamiento y Urbanizaciones", "summary_en": "This INVU regulation establishes the supplementary national rules for land division (subdivisions) and the development of land for urban purposes (urbanizations) in Costa Rica. It classifies subdivisions into simple (in urban quadrants), for urban purposes (outside quadrants, with public area transfers), exceptional residential access (private access ways serving up to 6 lots), and agricultural/forestry parcels (minimum 5,000 m²). It sets minimum lot sizes from 90 m² (with treatment) to 120 m² (with septic tank). For forest-covered land, it requires a minimum area of 20,000 m² and limits forest intervention to 10% of the total. It details mandatory public area transfers (children's playgrounds, parks, community facilities) and technical road, water, and environmental standards. It applies in the absence of a municipal regulatory plan. Based on commitments to sustainable urban development and the social and environmental function of property, it recognizes environmental limitations such as protection areas, alignments, and the prohibition of forest intervention beyond 10%.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "forestry-law-7575" ], "date": "24/10/2019", "year": "2019", "json_url": "/data/legal/docs/norm-90010.json", "html_url": "/legal/doc/norm-90010", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=90010&strTipM=TC&nValor3=0" }, { "id": "norm-90339", "citation": "Ley 9789", "section": "norms", "doc_type": "law", "title_en": "Efficiency in the Construction, Maintenance and Improvement of the Cantonal and National Road Network", "title_es": "Eficiencia en la Construcción, el Mantenimiento y el Mejoramiento de la Red Vial Cantonal y Nacional", "summary_en": "This law amends the General Public Roads Law to streamline maintenance and improvement works on the existing road network. It allows competent public entities to remove obstacles, including trees, within the legally established right-of-way without prior authorization from MINAE, except in protected areas, protected wildlands, or when dealing with prohibited tree species. Any use of the removed trees must follow forestry procedures. It also empowers public entities to construct culverts, retaining walls, and bridge works in public watercourses, provided they communicate beforehand with MINAE, submitting technical justification and environmental compensation measures. Other works in public watercourses still require a permit from MINAE, which retains its oversight powers. The law aims to reduce bureaucratic permits for road infrastructure, balancing public interest with environmental protection through notification and registration, while limiting the permit exemption to non-protected zones.", "primary_topic_id": null, "topic_ids": [], "date": "09/12/2019", "year": "2019", "json_url": "/data/legal/docs/norm-90339.json", "html_url": "/legal/doc/norm-90339", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=90339&strTipM=TC&nValor3=0" }, { "id": "norm-90465", "citation": "Ley 9780", "section": "norms", "doc_type": "law", "title_en": "Lifeguard Units on National Beaches Law", "title_es": "Ley de Guardavidas en Playas Nacionales", "summary_en": "Law No. 9780 mandates the implementation of lifeguard units on Costa Rican national beaches to protect bathers' lives, prevent drownings, and enhance tourist safety. It creates the National Commission for Drowning Prevention and Response, attached to the Costa Rican Tourism Board (ICT) and composed of public and private entities, which will set guidelines on signage, training, and lifeguard certification. The law fosters inter-agency agreements for unit operations and amends the Maritime Zone Law to allow 40% of municipal concession revenue to cover lifeguard implementation and operation costs. It does not impose criminal or direct environmental sanctions but establishes an administrative and cooperative framework focused on human safety and tourism development.", "primary_topic_id": null, "topic_ids": [], "date": "19/12/2019", "year": "2019", "json_url": "/data/legal/docs/norm-90465.json", "html_url": "/legal/doc/norm-90465", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=90465&strTipM=TC&nValor3=0" }, { "id": "norm-90475", "citation": "Ley 9766", "section": "norms", "doc_type": "law", "title_en": "Amendment of Article 39 of the Biodiversity Law", "title_es": "Reforma del Artículo 39 de la Ley de Biodiversidad", "summary_en": "This law amends Article 39 of the Biodiversity Law No. 7788, setting new rules for concessions and contracts for non-essential services within state protected wild areas. The amendment authorizes SINAC to approve contracts and concessions for services such as parking, food, shops, and trail management, but expressly prohibits access to biodiversity elements or the exploitation of natural resources, as well as the construction of private buildings. Concessions are reserved exclusively for local non-profit organizations, such as community development associations, cooperatives, and micro-enterprises registered with MEIC, provided they are integrated and controlled by residents of the protected area's zone of influence. It also establishes obligations to inform communities, technical training programs by INA, and the requirement for external audits. Previous concessions remain in force until expiration but cannot be renewed if they do not meet the new requirements.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "29/10/2019", "year": "2019", "json_url": "/data/legal/docs/norm-90475.json", "html_url": "/legal/doc/norm-90475", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=90475&strTipM=TC&nValor3=0" }, { "id": "norm-90644", "citation": "Ley 9683", "section": "norms", "doc_type": "law", "title_en": "Law for the promotion of sustainable development of the Naranjo River Basin and the protection of Manuel Antonio National Recreational Park", "title_es": "Ley para la promoción del desarrollo sostenible de la Cuenca del Río Naranjo y la protección del PNMA", "summary_en": "This law establishes a 25-year environmental safeguard on the main channel of the Naranjo River and its tributaries, suspending new hydroelectric projects and mining material extraction permits, with exceptions for emergencies and Dota Municipality. It also orders a basin management plan by MINAE and MAG, declares the basin of national tourist interest and creates a tourist circuit among Dota, Tarrazú and Quepos, prioritizes paving of national routes, and promotes tourism investment and marketing. It further declares public interest in works to maintain environmental balance, protect biodiversity, aquifer recharge and scenic values.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575" ], "date": "29/04/2019", "year": "2019", "json_url": "/data/legal/docs/norm-90644.json", "html_url": "/legal/doc/norm-90644", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=90644&strTipM=TC&nValor3=0" }, { "id": "norm-90670", "citation": "Ley 9814", "section": "norms", "doc_type": "law", "title_en": "Sustainable Salt and Shrimp Farming Law in Mangroves", "title_es": "Ley de producción sostenible de sal y camarón en manglares", "summary_en": "This law establishes the regulatory framework for shrimp aquaculture and salt production in mangrove areas within the State Natural Heritage (PNE). It aims to harmonize these activities with the sustainable use of hydrobiological and mineral resources, particularly incentivizing small and medium producers. It regulates the granting and renewal of use permits by SINAC, with requirements such as an integrated management plan, veterinary certificate, water concession, and Incopesca authorization. Permits are valid for ten years, renewable, and are subject to annual inspections and compliance with the management plan to minimize environmental impacts. The law prohibits change of use, mangrove cutting, burning, and transfer of the permit, and establishes grounds for extinction and an annual fee. It also declares scientific research for improving sustainable techniques to be of public interest and includes transitional provisions on the suspension of closure orders, development of management plans, and issuance of regulations.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "water-law" ], "date": "18/02/2020", "year": "2020", "json_url": "/data/legal/docs/norm-90670.json", "html_url": "/legal/doc/norm-90670", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=90670&strTipM=TC&nValor3=0" }, { "id": "norm-9087", "citation": "Decreto 16373", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of Golfito National Wildlife Refuge", "title_es": "Crea Refugio Nacional de Fauna Silvestre Golfito", "summary_en": "This executive decree establishes the Golfito National Wildlife Refuge in Puntarenas Province to protect tropical rainforests and native fauna, including endangered species. It is based on the Wildlife Conservation Law No. 6919 and recognizes the area's environmental importance for water regulation and erosion prevention due to steep slopes. The decree defines the refuge's boundaries using coordinates from National Geographic Institute maps. Administration is assigned to the Wildlife Subdirectorate of the Ministry of Agriculture and Livestock, with the University of Costa Rica collaborating on planning and program execution. An Advisory Commission with representatives from MAG, UCR, and the Municipality of Golfito is created to guide development policies. A later amendment expanded the protected area.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "12/06/1985", "year": "1985", "json_url": "/data/legal/docs/norm-9087.json", "html_url": "/legal/doc/norm-9087", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=9087&strTipM=TC&nValor3=0" }, { "id": "norm-9096", "citation": "Ley 8", "section": "norms", "doc_type": "law", "title_en": "Budget Law", "title_es": "Ley de Presupuesto", "summary_en": "Budget Law No. 8, enacted by the Legislative Assembly on September 30, 1943, authorizes the Costa Rican State's expenditures and revenues for the corresponding fiscal year. As a budget law, its purpose is to set allocations to various ministries, institutions, and government programs, establishing spending limits and funding sources. This norm contains no substantive provisions on environmental, forestry, biodiversity, water, soil, wildlife, archaeological heritage, biological corridors, landscape, environmental procedures, subdivision, property, environmental criminal law, or indigenous territories. It is a fiscal and administrative law, unrelated to environmental law and the topics covered by the controlled vocabulary. Therefore, it does not regulate or directly impact natural resource management, environmental impact assessment, ecosystem protection, or public participation in environmental decisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/09/1943", "year": "1943", "json_url": "/data/legal/docs/norm-9096.json", "html_url": "/legal/doc/norm-9096", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=9096&strTipM=TC&nValor3=0" }, { "id": "norm-9104", "citation": "Ley 7174", "section": "norms", "doc_type": "law", "title_en": "Forestry Law 7174", "title_es": "Ley Forestal 7174", "summary_en": "This law, enacted in 1990, repealed and replaced Forestry Law No. 4465 of 1969, establishing as a state priority the protection, conservation, utilization, industrialization, administration, and promotion of forest resources, under the principle of rational use of renewable natural resources. It defined the objectives and general guidelines for forestry management in Costa Rica. Furthermore, it introduced important modifications: regarding land titling, it required that in protected wild areas (national parks, biological reserves, forest reserves or protective zones) the possessor demonstrate ten-year possession with at least ten years prior to the area's creation; for properties with forest outside these areas, it required demonstrating ten-year possession and having protected the forest. The most relevant aspect was the transition to the Forest Bond Certificate (CAF) system, a tax incentive for reforestation, whose transitional provisions kept previous contracts in force until the new mechanism was operational. The law was tacitly repealed in its entirety by Forestry Law No. 7575 of 1996, which consolidated and updated Costa Rican forestry legislation.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "28/06/1990", "year": "1990", "json_url": "/data/legal/docs/norm-9104.json", "html_url": "/legal/doc/norm-9104", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=9104&strTipM=TC&nValor3=0" }, { "id": "norm-91043", "citation": "Decreto 42075", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Subsurface Disposal of Treated Ordinary Wastewater", "title_es": "Reglamento para la disposición al subsuelo de aguas residuales ordinarias tratadas", "summary_en": "This regulation establishes the legal framework for the final disposal of treated ordinary wastewater through subsurface infiltration using infiltration trenches. It applies nationwide where public sewerage is unavailable. It regulates two tiers based on water consumption: up to 190 m³/month (septic tanks with drainage) and over 190 m³/month (approved treatment systems, semiannual operational reports, and quality limits). It sets minimum setbacks from water sources, buildings, and property lines; prohibits absorption wells, effluent dilution, and disposal of special or untreated wastewater. Technical guidelines for septic tanks, infiltration tests, and drainage design are provided. It repeals prior infiltration provisions and amends other regulations to integrate groundwater impact assessment.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "12/11/2019", "year": "2019", "json_url": "/data/legal/docs/norm-91043.json", "html_url": "/legal/doc/norm-91043", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=91043&strTipM=TC&nValor3=0" }, { "id": "norm-91202", "citation": "Decreto 42137", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for Bahía Ballena District, Osa Canton", "title_es": "Declaración de zona catastrada del distrito Bahía Ballena, cantón Osa", "summary_en": "This executive decree finalizes the cadastral survey of the Bahía Ballena district (Osa canton, Puntarenas) under the Cadastre and Registry Regularization Program. It declares the district a cadastral zone after completing technical work, holding a public exhibition of results, and resolving owner objections per Articles 19 and 20 of the National Cadastre Law. Upon publication, cadastral data become definitive, and survey plans must comply with technical requirements. The decree does not alter property rights but consolidates graphic and literal property information in the Real Estate Registry, enhancing legal certainty in land tenure in an area of high real estate and tourism pressure.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "11/10/2019", "year": "2019", "json_url": "/data/legal/docs/norm-91202.json", "html_url": "/legal/doc/norm-91202", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=91202&strTipM=TC&nValor3=0" }, { "id": "norm-91812", "citation": "Ley 9849", "section": "norms", "doc_type": "law", "title_en": "Recognize and guarantee the human right to water access", "title_es": "Reconocer y garantizar el derecho humano de acceso al agua", "summary_en": "This constitutional amendment adds a paragraph to Article 50 of the Costa Rican Constitution to recognize the fundamental, inalienable human right to access potable water as an essential good for life. It declares water a national asset, essential to protect that right, and mandates that its use, protection, sustainability, conservation, and exploitation shall be governed by a law to be enacted for those purposes, prioritizing the supply of potable water for human consumption. It includes a transitional provision that keeps existing laws, concessions, and use permits, granted in accordance with the law, in effect until the new water law comes into force. The reform elevates the guarantee of water access to constitutional rank, with implications for environmental legislation, water planning, and the rights of communities.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "art-50-constitution" ], "date": "05/06/2020", "year": "2020", "json_url": "/data/legal/docs/norm-91812.json", "html_url": "/legal/doc/norm-91812", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=91812&strTipM=TC&nValor3=0" }, { "id": "norm-9209", "citation": "Ley 6877", "section": "norms", "doc_type": "law", "title_en": "SENARA Creation Law", "title_es": "Ley de Creación del SENARA", "summary_en": "Law 6877 creates the National Service for Groundwater, Irrigation and Drainage (SENARA), an autonomous entity with legal personality. Its main objective is to promote agricultural development through irrigation, drainage, and flood control systems, ensuring the optimal and equitable use of water and land resources within irrigation districts. The law outlines SENARA's functions, including water policy formulation, district management, water resource research, and supervision of concessions. It establishes a Board of Directors with government and farmer representation and provides funding sources such as budget allocations, tariffs, and loans. The law declares the protection and rational use of water in irrigation districts as a matter of public interest and consolidates previously scattered irrigation functions from other agencies like the National Electricity Service. It is an active law that establishes the institutional framework for irrigation and drainage management in the country.", "primary_topic_id": null, "topic_ids": [], "date": "18/07/1983", "year": "1983", "json_url": "/data/legal/docs/norm-9209.json", "html_url": "/legal/doc/norm-9209", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=9209&strTipM=TC&nValor3=0" }, { "id": "norm-92134", "citation": "Decreto 42422", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of the Barra del Colorado Marine Management Area", "title_es": "Creación del Área Marina de Manejo Barra del Colorado", "summary_en": "This executive decree establishes the Barra del Colorado Marine Management Area, a 66,782-hectare protected area in Costa Rica's North Caribbean, bordering Nicaragua, the Barra del Colorado Responsible Fishing Marine Area, and Tortuguero National Park. Its creation addresses the marine-coastal conservation gap identified in the GRUAS II analysis and is grounded in international instruments such as the Convention on Biological Diversity and the Law of the Sea Convention. The regulation provides for a shared governance model through an Interinstitutional Commission comprising SINAC, INCOPESCA, the Coast Guard, local government, and community representatives. The area will be administered by SINAC through the Tortuguero Conservation Area, which will implement a General Management Plan to regulate zoning, permitted uses, and harvesting intensity. Emphasis is placed on active local community participation, which chose a Responsible Fishing Marine Area through a plebiscite, and reinforces the focus on conservation of migratory and threatened species, scientific research, and sustainable use of fishery resources for the benefit of neighboring communities.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "30/06/2020", "year": "2020", "json_url": "/data/legal/docs/norm-92134.json", "html_url": "/legal/doc/norm-92134", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=92134&strTipM=TC&nValor3=0" }, { "id": "norm-92202", "citation": "Decreto 42446", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone — Parrita, Puntarenas", "title_es": "Declaratoria de Zona Catastrada — Parrita, Puntarenas", "summary_en": "Executive Decree No. 42446-JP declares District 01 Parrita, Canton 09 Parrita, Province of Puntarenas as a cadastral zone. This declaration is the concluding act of the cadastral survey carried out by the Cadastre and Registry Regularization Program, which ended on May 7, 2014. Prior to this, the results were publicly exhibited (January 9 to 18, 2015) and all owner claims were resolved. Once published, the cadastral data becomes final and has the legal effects set out in Executive Decree No. 36830-JP (Articles 2 to 6), meaning that any subsequent registration or surveying act in that district must refer to the official cadastral information. The decree is a purely technical‑administrative measure with no direct environmental relevance.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "05/03/2020", "year": "2020", "json_url": "/data/legal/docs/norm-92202.json", "html_url": "/legal/doc/norm-92202", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=92202&strTipM=TC&nValor3=0" }, { "id": "norm-92203", "citation": "Decreto 42447", "section": "norms", "doc_type": "executive_decree", "title_en": "Cadastral Zone Declaration — District 01 Quepos, Canton 06 Aguirre, Puntarenas", "title_es": "Declaratoria de Zona Catastrada — Distrito 01 Quepos, Cantón 06 Aguirre, Puntarenas", "summary_en": "This Executive Decree 42447-JP formally declares District 01 Quepos, Canton 06 Aguirre, Puntarenas Province, as a cadastral zone. It finalizes the cadastral survey carried out under the Cadastre and Registry Regularization Program (BID loan 1284/OC-CR), completed on May 7, 2014. The declaration confirms the cadastral data declared firm by the Real Estate Registry on January 13, 2020, after a public exhibition of results (December 12–21, 2014) and resolution of complaints, pursuant to Article 20 of the National Cadastre Law No. 6545. The legal effects and technical specifications of Decree 36830-JP (2011) are incorporated by reference. The decree does not create substantive environmental law, but officially establishes the cadastral and cartographic foundation that affects any applicable territorial regime (forest, national natural heritage, setbacks, protection of water sources, or coastal zones) within the district. The cadastral zone means survey plans, property identification, and real estate folios of the district become integrated and rectified in the Real Estate Registry, impacting property certainty, potential forestry encumbrances, and urban‑environmental planning.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "11/05/2020", "year": "2020", "json_url": "/data/legal/docs/norm-92203.json", "html_url": "/legal/doc/norm-92203", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=92203&strTipM=TC&nValor3=0" }, { "id": "norm-92204", "citation": "Decreto 42448", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of cadastral zone for District 02 Savegre, Canton 06 Aguirre", "title_es": "Declaratoria de zona catastrada del Distrito 02 Savegre, Cantón 06 Aguirre", "summary_en": "This executive decree declares District 02 Savegre, canton 06 Aguirre in the province of Puntarenas as a cadastral zone. It is based on the National Cadastre Law No. 6545 and its amendments, which empower the Real Estate Registry to execute and maintain the cadastre. The declaration follows the completion of the cadastral survey carried out by the Cadastre and Registry Regularization Program. A public exhibition of the results was held from December 12 to 21, 2014, and the Real Estate Registry declared the cadastral data final on January 13, 2020, resolving any claims from property owners. The decree grants legal and technical effects similar to those of Executive Decree No. 36830-JP and becomes effective upon publication. This measure updates the cadastre in that area, facilitating legal certainty regarding ownership and characteristics of real estate.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "11/05/2020", "year": "2020", "json_url": "/data/legal/docs/norm-92204.json", "html_url": "/legal/doc/norm-92204", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=92204&strTipM=TC&nValor3=0" }, { "id": "norm-92205", "citation": "Decreto 42449", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Cadastral Zone for Tárcoles District, Garabito", "title_es": "Declaratoria de Zona Catastrada del Distrito Tárcoles, Garabito", "summary_en": "This executive decree declares district 02 Tárcoles, canton 11 Garabito, province of Puntarenas, as a cadastral zone, following the completion of the cadastral survey and the finalization of the resulting data. It is based on the National Cadastre Law and its regulations, and within the framework of the Cadastre and Registry Regularization Program. The declaration means that the cadastral data for the properties in that district have been validated and are official, producing the legal effects established in Executive Decree No. 36830-JP. The process included a public display of results, resolution of claims, and publication of the invitation in the official gazette and a national newspaper.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/03/2020", "year": "2020", "json_url": "/data/legal/docs/norm-92205.json", "html_url": "/legal/doc/norm-92205", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=92205&strTipM=TC&nValor3=0" }, { "id": "norm-92344", "citation": "Decreto 42582", "section": "norms", "doc_type": "executive_decree", "title_en": "ASADAS Regulation", "title_es": "Reglamento de las ASADAS", "summary_en": "This executive decree establishes a comprehensive legal framework for Community Water and Sewer System Administrative Associations (ASADAS) in Costa Rica. It regulates their constitution, internal operation, relationship with the Costa Rican Institute of Aqueducts and Sewers (AyA) as the technical governing body, and the provision of drinking water and sanitation services under a delegation model. The regulation details ASADAS' obligations in environmental management, water resource protection, technical operation, financial administration, and transparency. It includes provisions on intervention, merger, and integration processes, community participation mechanisms, and recognition of the human rights to water and sanitation. The text repeals the previous regulation (Decree 32529) and sets deadlines for regularization of existing operators.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "11/08/2020", "year": "2020", "json_url": "/data/legal/docs/norm-92344.json", "html_url": "/legal/doc/norm-92344", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=92344&strTipM=TC&nValor3=0" }, { "id": "norm-92421", "citation": "Decreto 42607", "section": "norms", "doc_type": "executive_decree", "title_en": "Extraordinary measure to use private health facilities during the national COVID-19 emergency", "title_es": "Medida extraordinaria para disponer de establecimientos de salud privados durante la emergencia nacional por COVID-19", "summary_en": "This executive decree orders private health facilities with hospitalization services to make their inpatient beds and associated resources available to the Ministry of Health for treating COVID-19 patients referred by the Costa Rican Social Security Fund. The measure is based on the declaration of national emergency and Articles 161 and 368 of the General Health Law, given the imminent saturation of the public health system. The Ministry of Health will determine by resolution the percentages and gradualness of the disposition, and may request other services in coordination with the facilities. The measure will be reviewed according to epidemiological behavior and is effective upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/09/2020", "year": "2020", "json_url": "/data/legal/docs/norm-92421.json", "html_url": "/legal/doc/norm-92421", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=92421&strTipM=TC&nValor3=0" }, { "id": "norm-92445", "citation": "Ley 9885", "section": "norms", "doc_type": "law", "title_en": "Manuel Antonio National Park Reform Law", "title_es": "Ley de Reforma del Parque Nacional Manuel Antonio", "summary_en": "This law amends the statutes governing Manuel Antonio National Park, updating its name and reorganizing the distribution of entrance fee revenues. It creates a new Board of Directors for the Park's Trust, as a maximum deconcentration body under MINAE, with multi-sector representation. It allocates 50% of revenues to the National Parks Fund managed by SINAC and the other 50% to the trust established by Law 8133. From the latter, specific percentages are assigned for the purchase of private lands within the park (30%), management of the protected area (55%), investments in the buffer zone in coordination with the Municipality of Quepos (10%), research (2.5%), and administrative expenses of the Board (2.5%). It also includes transitional provisions for the formation of the new Board, the continuity of the existing trust, and authorizes the head of MINAE, on a one-time basis, to use trust funds to address the COVID-19 emergency and economic reactivation of the Quepos-Parrita subregion, with specific amounts for buffer zone improvements and acquisition of goods and services for the park.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "24/08/2020", "year": "2020", "json_url": "/data/legal/docs/norm-92445.json", "html_url": "/legal/doc/norm-92445", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=92445&strTipM=TC&nValor3=0" }, { "id": "norm-92482", "citation": "Ley 9892", "section": "norms", "doc_type": "law", "title_en": "Creation of Isla San Lucas National Park", "title_es": "Creación del Parque Nacional Isla San Lucas", "summary_en": "Law 9892 establishes Isla San Lucas National Park as a protected wilderness area, historical-architectural heritage site, and sustainable tourism zone. It declares the island's sustainable tourism development and the restoration of the former penitentiary a matter of national interest. It creates a Board of Directors with instrumental legal personality, attached to MINAE, responsible for governance, administration through a trust, granting concessions and permits in the Tourism Zone, and approving the master plan. Historical heritage is managed according to the Ministry of Culture's criteria and environmental protection according to SINAC. The law partially repeals Law 5469 and includes transitional provisions for the Board's integration, trust constitution, and local participation strategy.", "primary_topic_id": null, "topic_ids": [], "date": "24/08/2020", "year": "2020", "json_url": "/data/legal/docs/norm-92482.json", "html_url": "/legal/doc/norm-92482", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=92482&strTipM=TC&nValor3=0" }, { "id": "norm-9263", "citation": "Ley 6360", "section": "norms", "doc_type": "law", "title_en": "Convention on the Defense of the Archaeological, Historical, and Artistic Heritage of the American Nations", "title_es": "Convención sobre Defensa del Patrimonio Arqueológico, Histórico y Artístico de las Naciones Americanas", "summary_en": "It is a Costa Rican law ratifying the Convention of San Salvador (1976). It establishes Costa Rica's obligation, along with other American states, to identify, register, protect and safeguard the assets that make up its archaeological, historical and artistic cultural heritage. The Convention prohibits the illicit export and import of these goods and promotes international cooperation for mutual knowledge and recovery. It defines protected cultural property, including pre-Columbian monuments, archaeological objects, associated human, faunal and floral remains, colonial and 19th-century assets, as well as archives and documents up to 1850. It declares the State's ownership of its cultural heritage imprescriptible and obliges States to take internal legislative measures, such as collection registries, import bans without authorization, and repression of illicit excavations. It also regulates the restitution of stolen goods, exempting them from taxes, and enables cooperation through exchanges and exhibitions.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "05/09/1979", "year": "1979", "json_url": "/data/legal/docs/norm-9263.json", "html_url": "/legal/doc/norm-9263", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=9263&strTipM=TC&nValor3=0" }, { "id": "norm-93341", "citation": "Decreto TSE 7", "section": "norms", "doc_type": "tse_decree", "title_en": "Electoral Territorial Division Elections February 2, 2020", "title_es": "División Territorial Electoral Elecciones 2 de febrero de 2020", "summary_en": "This decree by the Supreme Electoral Tribunal (TSE) establishes the electoral territorial division for the elections of February 2, 2020 in Costa Rica. It defines the districts and villages that make up each canton in the provinces of San José, Alajuela, Cartago and Heredia. For each district, the villages comprising it are listed, with indications of official inclusion or modification in the Electoral Territorial Division (DTE). The document aims to organize the electoral geography for the administration of the 2020 elections, detailing the distribution of voting centers and the territorial belonging of voters. It does not address substantive environmental or conservation matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/12/2020", "year": "2020", "json_url": "/data/legal/docs/norm-93341.json", "html_url": "/legal/doc/norm-93341", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=93341&strTipM=TC&nValor3=0" }, { "id": "norm-93570", "citation": "Decreto 42688", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Appointing Representatives to the National Drowning Prevention and Response Commission", "title_es": "Reglamento para la designación de representantes de la Comisión Nacional de Prevención y Atención de Ahogamientos", "summary_en": "Executive Decree 42688-MP-TUR regulates the procedure for the Costa Rican Tourism Board (ICT) to coordinate the appointment of representatives under subsections f) and g) of Article 5 of Law 9780. Law 9780, which implements lifeguard units on national beaches, created the National Drowning Prevention and Response Commission. The regulation establishes two registries: one for non-profit organizations engaged in lifeguard activities (subsection f) and one ex officio for municipalities and district municipal councils of the coastal zones of Limón, Puntarenas, and Guanacaste (subsection g). It details the registration period, verification of requirements, and publication of the registries. Subsequently, the registered entities designate by agreement a principal and an alternate candidate, based on a suitability analysis, and the ICT forwards the candidacies to the Presidency of the Republic for appointment and swearing-in for a two-year term. The regulation also provides for the reopening of the procedure before the expiration of appointments and sets deadlines for implementing the registries.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/08/2020", "year": "2020", "json_url": "/data/legal/docs/norm-93570.json", "html_url": "/legal/doc/norm-93570", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=93570&strTipM=TC&nValor3=0" }, { "id": "norm-93596", "citation": "Decreto 42769", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for Registration of Technical Grade Active Ingredient by OECD Recognition", "title_es": "Reglamento para el Registro de Ingrediente Activo Grado Técnico mediante Reconocimiento OCDE", "summary_en": "Executive Decree 42769-MAG-S-MINAE establishes an alternative pathway for registering Technical Grade Active Ingredients (TGAI) in Costa Rica, based on the recognition of technical evaluations already approved by regulatory authorities of OECD member countries or adherents to the Mutual Acceptance of Data (MAD) system. The regulation aims to expedite access to safer agricultural pesticides, avoid duplication of studies, and reduce costs, aligning with international trade and cooperation commitments. It details documentary requirements (technical, administrative, and confidential dossiers), the administrative procedure before the State Phytosanitary Service (SFE) with concurrent review by the Ministry of Health (MINSA) and the Ministry of Environment and Energy (MINAE), and evaluation deadlines. It includes provisions on test data protection (10 years), renewal, suspension and cancellation of registrations, as well as a transition regime for previous applications.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2021", "year": "2021", "json_url": "/data/legal/docs/norm-93596.json", "html_url": "/legal/doc/norm-93596", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=93596&strTipM=TC&nValor3=0" }, { "id": "norm-93604", "citation": "Directriz 0013", "section": "norms", "doc_type": "directive", "title_en": "Procedure for Filing and Processing Complaints before the Ministry of Finance", "title_es": "Procedimiento para la presentación y atención de denuncias ante el Ministerio de Hacienda", "summary_en": "This Directive DM-0013-2020 from the Minister of Finance establishes the procedure for filing and processing complaints before the Ministry of Finance and its dependencies. It defines the scope: possible irregular or illegal acts related to the use, management, collection and distribution of public funds affecting the Public Treasury, corrupt acts, internal control violations, breaches of the service regime, and possible tax or customs offenses. It regulates electronic filing via the 'Denuncie Ya' tool, essential requirements, confidentiality, anonymous complaints, routing, follow-up, dismissal and archiving, and the remedies of revocation and appeal. It repeals Directive DM-008-2006. It is an administrative sanctioning and internal control law focused on protecting the public treasury and public ethics.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/12/2020", "year": "2020", "json_url": "/data/legal/docs/norm-93604.json", "html_url": "/legal/doc/norm-93604", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=93604&strTipM=TC&nValor3=0" }, { "id": "norm-93694", "citation": "Decreto 42642", "section": "norms", "doc_type": "executive_decree", "title_en": "Cerritos Experimental Farm for the Conservation of Ecosystems and Species of the Tropical Humid Forest", "title_es": "Finca Experimental Cerritos para la conservación de ecosistemas y especies del bosque húmedo tropical", "summary_en": "Executive Decree No. 42642-MINAE declares a 5,058,681 m² property in Abangares, Guanacaste, as the Cerritos Experimental Farm for the conservation of the tropical humid forest. The property, owned by MINAE and managed by SINAC-ACAT, is zoned into Sector 1 (forests and forest lands, State Natural Heritage governed by Articles 18 and 18 Bis of the Forestry Law) and Sector 2 (areas without forest cover and infrastructure, where activities compatible with experimental and conservation objectives are permitted). The decree sets objectives for research, ecological restoration, regenerative management, and collaborative governance with citizen and public/private participation, authorizing activities such as natural regeneration, nurseries, seed banks, research, ecotourism, and CO₂ capture. It establishes a collaborative management model and financial sustainability mechanisms through the sale of environmental services, fees, rates, and sustainable use of forest plantations.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788", "environmental-law-7554" ], "date": "01/09/2020", "year": "2020", "json_url": "/data/legal/docs/norm-93694.json", "html_url": "/legal/doc/norm-93694", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=93694&strTipM=TC&nValor3=0" }, { "id": "norm-93919", "citation": "Decreto 42742", "section": "norms", "doc_type": "executive_decree", "title_en": "Creation of Urban Natural Parks (PANU) management category", "title_es": "Creación de categoría de manejo Parques Naturales Urbanos (PANU)", "summary_en": "Executive Decree No. 42742-MINAE establishes a new protected wild area management category called Urban Natural Parks (PANU), designed for natural spaces within urban and peri-urban zones. PANU aim to conserve remaining ecosystems that are poorly represented in other categories, such as premontane moist forest, and provide environmental and social benefits to cities. The decree outlines PANU objectives including ecosystem preservation, carbon capture, recreation, education, research, and natural disaster prevention. It creates a National Program for their promotion and implementation under SINAC, with responsibilities for strategic planning, mapping potential lands, urban integration, and fostering alliances. Property regimes may be public, private, or mixed, with voluntary adhesion of private lands and possible municipal incentives. It promotes shared governance models, prioritizing participation by SINAC, municipalities, and communities. Permitted activities will be defined participatively in General Management Plans, respecting uses of State Natural Heritage per the Forestry Law. Water within PANU will prioritize conservation and human consumption. It also establishes a procedure to change an existing protected area to PANU category without reducing protection, and amends the Biodiversity Law Regulations to include this new category.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "environmental-law-7554" ], "date": "24/02/2021", "year": "2021", "json_url": "/data/legal/docs/norm-93919.json", "html_url": "/legal/doc/norm-93919", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=93919&strTipM=TC&nValor3=0" }, { "id": "norm-9393", "citation": "Ley 7089", "section": "norms", "doc_type": "law", "title_en": "1988 Budget Law", "title_es": "Ley de Presupuesto para 1988", "summary_en": "This law approves the ordinary and extraordinary expenditures of the Costa Rican Government for the 1988 fiscal year, establishing execution norms, control mechanisms, and administrative procedures for budget management. It includes provisions on credit modifications, fund transfers, revolving funds, personnel regulations, and authorizations for public entities. It addresses various topics such as social housing, land donations, tax exemptions, pensions, and adjustments in natural resource administration. In the environmental sphere, it allocates funds to the Forest Fund and the Natural Resources Conservation Program (CORENA), regulates timber harvesting, and authorizes reforestation and watershed management actions, though its core lies in state financial management.", "primary_topic_id": null, "topic_ids": [], "date": "18/12/1987", "year": "1987", "json_url": "/data/legal/docs/norm-9393.json", "html_url": "/legal/doc/norm-9393", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=9393&strTipM=TC&nValor3=0" }, { "id": "norm-94116", "citation": "Ley 9976", "section": "norms", "doc_type": "law", "title_en": "Pedestrian Mobility Law", "title_es": "Ley de Movilidad Peatonal", "summary_en": "Law 9976 establishes a comprehensive framework to regulate and promote pedestrian mobility in Costa Rica, declaring it a matter of public interest and grounding it in principles of inclusion, protection of life, and sustainability. The law assigns municipalities exclusive management of sidewalks on the cantonal road network—including design, construction, and maintenance—and assigns the Ministry of Public Works and Transport (MOPT) responsibility for the national road network. It introduces mandatory cantonal sustainable mobility plans as planning instruments. It amends the Municipal Code to finance sidewalks through user fees and authorizes municipalities to directly construct new works, passing the cost to property owners. It also sets obligations for real estate developers, penalties for altering sidewalks without permission, and grants municipalities the power to remove obstacles on pedestrian paths. Finally, it amends the Traffic Law to prohibit parking in pedestrian spaces and adjusts the allocation of property tax revenue for the National Cadastre.", "primary_topic_id": null, "topic_ids": [], "date": "09/04/2021", "year": "2021", "json_url": "/data/legal/docs/norm-94116.json", "html_url": "/legal/doc/norm-94116", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=94116&strTipM=TC&nValor3=0" }, { "id": "norm-94339", "citation": "Decreto 42962", "section": "norms", "doc_type": "executive_decree", "title_en": "Guidelines for Market Inspection by Accredited Bodies", "title_es": "Lineamientos para la inspección de mercado por organismos acreditados", "summary_en": "This executive decree establishes guidelines for inspection bodies accredited by the Costa Rican Accreditation Entity (ECA) to privately verify compliance with technical regulations issued by the Ministry of Economy, Industry and Commerce (MEIC). The regulation aims to support MEIC's market surveillance without transferring powers, allowing non-compliance findings detected by these bodies to be submitted to MEIC so that, if appropriate, a complaint can be filed before the National Consumer Commission. It defines key concepts such as market inspection, accredited inspection body, and conformity assessment, and sets conditions for MEIC to use the findings, including the body's accreditation, confidentiality of reports, and conducting inspections in accordance with MEIC protocols.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/04/2021", "year": "2021", "json_url": "/data/legal/docs/norm-94339.json", "html_url": "/legal/doc/norm-94339", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=94339&strTipM=TC&nValor3=0" }, { "id": "norm-94451", "citation": "Ley 9957", "section": "norms", "doc_type": "law", "title_en": "Costa Rica Bankruptcy Law", "title_es": "Ley Concursal de Costa Rica", "summary_en": "The Costa Rica Bankruptcy Law (Law 9957) establishes a legal framework for handling the financial crises of private debtors. Its purpose is to determine and enforce fair and functional solutions, harmoniously aiming to restore business viability, preserve the unity of the debtor's estate, organize debt repayment, and respect the principles of equality and proportionality. The law regulates bankruptcy proceedings as a unified process applicable to individuals, estates, private legal entities, and autonomous trusts. It defines subjective and objective requirements for opening proceedings, including current or imminent insolvency. The law sets out the effects of the opening on the debtor, creditors, contracts, and third parties, as well as the roles of the comptroller, administrator, and liquidator. It provides mechanisms for composition agreements, liquidation, and payment of claims, with rules on priority and classification. The law includes provisions on small bankruptcies, economic interest groups, unlimited liability, and cross-border insolvencies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/04/2021", "year": "2021", "json_url": "/data/legal/docs/norm-94451.json", "html_url": "/legal/doc/norm-94451", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=94451&strTipM=TC&nValor3=0" }, { "id": "norm-94469", "citation": "Ley 9986", "section": "norms", "doc_type": "law", "title_en": "Public Procurement Law", "title_es": "Ley General de Contratación Pública", "summary_en": "The Public Procurement Law 9986 establishes the legal framework for all contractual activities that use public funds in whole or in part in Costa Rica. It introduces principles of social and environmental sustainability, value for money, transparency, efficiency, effectiveness, and integrity, among others. The law regulates ordinary (major, minor, and reduced bidding) and extraordinary procedures, as well as exclusions and exceptions. It incorporates electronic public procurement through a unified digital system. It promotes strategic public procurement with environmental and innovation criteria, and participation of MSMEs and cooperatives. It defines the regime of prohibitions, guarantees, contract execution, objection, appeal and revocation remedies, and sanctions for individuals and public officials. The Comptroller General of the Republic exercises superior oversight. The law aims to maximize public value, efficiency, and sustainability in public procurement.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/05/2021", "year": "2021", "json_url": "/data/legal/docs/norm-94469.json", "html_url": "/legal/doc/norm-94469", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=94469&strTipM=TC&nValor3=0" }, { "id": "norm-94503", "citation": "Decreto TSE 2", "section": "norms", "doc_type": "tse_decree", "title_en": "Electoral Territorial Division for the February 2022 Elections", "title_es": "División Territorial Electoral para las elecciones de febrero de 2022", "summary_en": "Decree No. 2-2021 of the Supreme Electoral Tribunal establishes the territorial division to be used for the elections of February 6, 2022. The decree details, province by province and canton by canton, the electoral districts, their codes, and the localities that comprise them. It defines the boundaries and territorial organization for electoral purposes, ensuring the proper administration of the voting process. This is an administrative-electoral act with no environmental legal content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/05/2021", "year": "2021", "json_url": "/data/legal/docs/norm-94503.json", "html_url": "/legal/doc/norm-94503", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=94503&strTipM=TC&nValor3=0" }, { "id": "norm-94986", "citation": "Decreto 42929", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the Interinstitutional Technical Commission for Groundwater Management", "title_es": "Reglamento de la Comisión Técnica Interinstitucional para la Gestión del Agua Subterránea", "summary_en": "This executive decree creates and regulates the Interinstitutional Technical Commission for Groundwater Management (CTI-Agua Subterránea), composed of the Water Directorate of MINAE, AyA, and SENARA. Its purpose is to define the scope of management and agreements of this commission regarding aquifers and groundwater, ensuring transparent, objective decisions based on scientific and technical criteria. It assigns functions such as characterizing and quantifying aquifers, establishing annual research priorities, defining terms of reference for hydrogeological studies and vulnerability maps, approving these studies for official publication, agreeing on conditions for drilling and sustainable use of groundwater, and proposing regulation zones for drilling and extraction. It also establishes that its agreements will be binding for the management and protection of groundwater throughout the national territory, applicable to both public entities and civil society. It repeals the previous decree 38449-MINAE-MAG and provides that prior minutes and agreements remain in force.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "19/03/2021", "year": "2021", "json_url": "/data/legal/docs/norm-94986.json", "html_url": "/legal/doc/norm-94986", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=94986&strTipM=TC&nValor3=0" }, { "id": "norm-95023", "citation": "Decreto 43102", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of INDER Law 9036", "title_es": "Reglamento de la Ley 9036 del INDER", "summary_en": "This executive decree develops Law 9036, which transformed the IDA into INDER, establishing the institutional framework and procedures for implementing territorial rural development policies. It regulates participatory planning through Territorial Rural Development Councils, the constitution of the Land Fund and Rural Development Fund, and mechanisms for land allocation (lease, assignment, use permits) to eligible beneficiaries. It defines admissibility and suitability criteria for productive, social, and housing projects, as well as procedures for property acquisition, resolution of possession conflicts, revocation of rights, and administrative eviction. It includes references to environmental regulations (Forestry Law, Water Law) when defining restricted areas and land use conditions, but its core purpose is land management and rural development under the direction of the Ministry of Agriculture.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "29/06/2021", "year": "2021", "json_url": "/data/legal/docs/norm-95023.json", "html_url": "/legal/doc/norm-95023", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=95023&strTipM=TC&nValor3=0" }, { "id": "norm-95141", "citation": "Decreto 43053", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for well drilling and groundwater use", "title_es": "Reglamento para la perforación de pozos y aprovechamiento de aguas subterráneas", "summary_en": "This Executive Decree 43053-MINAE establishes the regulatory framework for drilling the subsurface for the investigation, exploration, and use of groundwater throughout the national territory. It regulates drilling permits, the registry of drilling companies, required technical reports, and water concession procedures. It introduces clear institutional roles for the Water Directorate, AyA, and SENARA, and defines criteria for aquifers with special regulations and water reserve zones. It also provides protective measures such as operational setbacks and saline intrusion monitoring, as well as penalties for non-compliance.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "22/04/2021", "year": "2021", "json_url": "/data/legal/docs/norm-95141.json", "html_url": "/legal/doc/norm-95141", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=95141&strTipM=TC&nValor3=0" }, { "id": "norm-95600", "citation": "Ley 10053", "section": "norms", "doc_type": "law", "title_en": "Law to Improve the Budgetary Control Process", "title_es": "Ley para mejorar el proceso de control presupuestario", "summary_en": "This law introduces amendments to several public administration and budgetary regulations. It adds Article 61 bis to the Financial Administration and Public Budgets Law to establish the incompatibility of the position of national treasurer with any other public employment. Articles 50 and 56 of the General Public Administration Law are reformed, modernizing the operation of collegiate bodies: sessions must be recorded in audio and video, minutes must contain a literal transcription of interventions, and digital backup is required, along with rules on the finality of agreements. Article 58 of the Penal Code on special disqualification is also reformed. The law does not address any environmental or natural resource matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/10/2021", "year": "2021", "json_url": "/data/legal/docs/norm-95600.json", "html_url": "/legal/doc/norm-95600", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=95600&strTipM=TC&nValor3=0" }, { "id": "norm-95707", "citation": "Acuerdo 010", "section": "norms", "doc_type": "agreement", "title_en": "Demarcation of the Public Zone of the Tárcoles River Estuary, Maritime-Terrestrial Zone", "title_es": "Delimitación de la zona pública de la ría del Río Tarcolitos, Zona Marítimo Terrestre", "summary_en": "The National Geographic Institute (IGN) establishes the official georeferenced digital delimitation of the public zone of the Maritime-Terrestrial Zone for the Tárcoles River estuary (ría) in the Tárcoles district, Garabito canton, Puntarenas. It is based on a certification by the Central Pacific Conservation Area (ACOPAC) identifying the extent of tidal influence and the upstream extreme point. The delimitation uses a digital methodology without placing boundary markers, with coordinates registered in the official CRTM05 system in the IGN's Digital Georeferenced Geodatabase. The notice clarifies that previously monumented sectors retain their official status. The action relates to the Maritime-Terrestrial Zone Law, the Water Law, the Forestry Law, and the manual for classifying State Natural Heritage lands, and affects coastal land-use planning, cadastral approvals, and concessions.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "08/11/2021", "year": "2021", "json_url": "/data/legal/docs/norm-95707.json", "html_url": "/legal/doc/norm-95707", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=95707&strTipM=TC&nValor3=0" }, { "id": "norm-96042", "citation": "Decreto 43333", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation for shrimp aquaculture and salt production permits in mangroves", "title_es": "Reglamento para permisos de acuicultura de camarón y producción de sal en manglares", "summary_en": "This regulation implements Law 9814 and establishes the procedure for granting and renewing use permits for shrimp aquaculture and salt production in mangrove areas within the State Natural Heritage (Patrimonio Natural del Estado). It only authorizes these activities in previously impacted areas where permits once existed, provided they do not impede ecosystem regeneration and are included in the wetland management plans. An Integrated Farming System Management Plan, environmental regency, water concession, environmental viability (when applicable), and various fiscal and social requirements are mandatory. Permits are valid for ten years and renewable. Transfers and change of use are prohibited. It also regulates technical closure of permits, grounds for revocation, oversight by SINAC and other authorities, and the duty to report criminal offenses. The aim is to reconcile sustainable production with mangrove ecosystem conservation.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "18/11/2021", "year": "2021", "json_url": "/data/legal/docs/norm-96042.json", "html_url": "/legal/doc/norm-96042", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=96042&strTipM=TC&nValor3=0" }, { "id": "norm-96049", "citation": "Ley 10110", "section": "norms", "doc_type": "law", "title_en": "Reduction of the LPG Gas Single Tax", "title_es": "Reducción del impuesto único al Gas LPG", "summary_en": "This law amends Article 1 of Law 8114, the Tax Simplification and Efficiency Law, to reduce the single tax on liquefied petroleum gas (LPG). It sets a new rate of 24 colones per liter, a reduction from the previous amount. The measure is in effect for six years from its publication. The Ministry of Finance and ARESEP are instructed to carry out an extraordinary update of the tax and the LPG price immediately, in order to pass the reduction on to consumers. The law does not address environmental aspects; it is limited to a tax adjustment on a fossil fuel.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/01/2022", "year": "2022", "json_url": "/data/legal/docs/norm-96049.json", "html_url": "/legal/doc/norm-96049", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=96049&strTipM=TC&nValor3=0" }, { "id": "norm-96306", "citation": "Ley 10126", "section": "norms", "doc_type": "law", "title_en": "Open-Air Commerce Law", "title_es": "Ley de Comercio al Aire Libre", "summary_en": "Law 10126 empowers municipalities to issue temporary permits for food and beverage establishments to use adjacent public spaces (sidewalks, parks, squares, cantonal roads) to place tables, chairs, and light furniture. The law aims to promote economic activity, citizen security, and public space use while respecting free transit, accessibility, and Disability Law 7600. Permits are precarious and create no property rights; they cover only food and beverage sales. Related laws (General Health, Alcohol Beverage Regulation, Traffic, Urban Planning) are amended to reconcile provisions. Municipalities must regulate use criteria within six months, including lighting, signage, hours, and termination grounds. Revenue must be reinvested in public space improvement and security; public-private partnerships are authorized for management.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/01/2022", "year": "2022", "json_url": "/data/legal/docs/norm-96306.json", "html_url": "/legal/doc/norm-96306", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=96306&strTipM=TC&nValor3=0" }, { "id": "norm-96499", "citation": "Acuerdo 007", "section": "norms", "doc_type": "agreement", "title_en": "Public Zone Delimitation of the Pochote Mangrove", "title_es": "Delimitación de la zona pública del Manglar Pochote", "summary_en": "This official notice from the National Geographic Institute (IGN) publishes the digital georeferenced delimitation of the public zone of the Maritime Terrestrial Zone for a sector of the Pochote mangrove in Paquera, Puntarenas. Based on the Maritime Terrestrial Zone Law (Law 6043) and related regulations, the act records the ordinary high-water line using coordinates in the CRTM05 system, without placing physical markers. The delimitation was requested by a private party and received technical approval from the Tempisque Conservation Area (SINAC) and the IGN. This incorporates the mangrove portion as inalienable public land of the State, enabling its correct identification for coastal planning, cadastre, and eventual granting of concessions in the adjacent restricted zone. The information is officially registered in the IGN's Digital Georeferenced Geodatabase (GDG).", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "25/02/2022", "year": "2022", "json_url": "/data/legal/docs/norm-96499.json", "html_url": "/legal/doc/norm-96499", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=96499&strTipM=TC&nValor3=0" }, { "id": "norm-96518", "citation": "Ley 10113", "section": "norms", "doc_type": "law", "title_en": "Medical and Therapeutic Cannabis and Hemp Law", "title_es": "Ley del cannabis para uso medicinal y terapéutico y del cáñamo", "summary_en": "This law authorizes and regulates the production, industrialization, commercialization, and consumption of psychoactive cannabis exclusively for medical and therapeutic purposes, as well as hemp (non-psychoactive cannabis) for food and industrial use. It creates a licensing and permit system administered by the Ministry of Agriculture and Livestock (MAG) and the Ministry of Health, establishing requirements, prohibitions, traceability obligations, and a specific tax. It prioritizes small producers and micro/small enterprises, and includes participation of the Costa Rican Social Security Fund in research and production. It includes a regime of administrative violations and sanctions, and reforms the General Health Law and the Organic Law of the Ministry of Health to exempt medical cannabis from certain prohibitions, distinguishing it from illicit drug trafficking. The law aims to guarantee the right to health, promote rural economic development, and ensure state control to prevent illicit diversion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/03/2022", "year": "2022", "json_url": "/data/legal/docs/norm-96518.json", "html_url": "/legal/doc/norm-96518", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=96518&strTipM=TC&nValor3=0" }, { "id": "norm-96521", "citation": "Ley 10159", "section": "norms", "doc_type": "law", "title_en": "Framework Law on Public Employment", "title_es": "Ley Marco de Empleo Público", "summary_en": "The Framework Law on Public Employment (No. 10159) establishes a unified regime to regulate employment relations between the Public Administration and public servants, under the principle of the State as sole employer. It aims to ensure efficiency, equity, transparency and modernization in public service delivery, protecting workers' subjective rights. The law covers the Executive, Legislative and Judicial Branches, the Supreme Electoral Tribunal, decentralized institutional and territorial sectors, with limited exclusions. It introduces job families, employment planning, merit-based recruitment, performance evaluation and a global salary scale where equal work commands identical conditions and equal pay. It also regulates collective bargaining, sets vacation caps, paternity/maternity leave, and a disciplinary dismissal procedure. The norm amends and repeals provisions of laws such as the Civil Service Statute and the Salaries Law, with transitory provisions for progressive implementation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/03/2022", "year": "2022", "json_url": "/data/legal/docs/norm-96521.json", "html_url": "/legal/doc/norm-96521", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=96521&strTipM=TC&nValor3=0" }, { "id": "norm-96608", "citation": "Ley 10133", "section": "norms", "doc_type": "law", "title_en": "Authentic Interpretation of Article 39 of the Biodiversity Law", "title_es": "Interpretación auténtica del artículo 39 de la Ley de Biodiversidad", "summary_en": "This law provides an authentic interpretation of Article 39 of the Biodiversity Law No. 7788, clarifying that concessions and contracts for non-essential services in protected wild areas may also be granted to Education Boards, Administrative Boards of Public Schools, and the Costa Rican Red Cross, as they are considered local organizations. It also adds Article 39 bis, establishing that the Administration shall use the contractual modalities that best satisfy the public interest, following ordinary, extraordinary, and special procedures set forth in law. The transitional provisions protect the acquired rights of existing concessionaires and permit holders, maintaining their validity as long as they comply with all legal and contractual obligations, and allow the extension of use permits to ensure service continuity until the activity is put out to bid. The reform aims to broaden and flexibilize the entities eligible for managing services in protected areas while respecting pre-existing rights.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "14/03/2022", "year": "2022", "json_url": "/data/legal/docs/norm-96608.json", "html_url": "/legal/doc/norm-96608", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=96608&strTipM=TC&nValor3=0" }, { "id": "norm-9669", "citation": "Ley 6879", "section": "norms", "doc_type": "law", "title_en": "Education and Culture Stamp and Other Taxes Law", "title_es": "Ley de Timbre de Educación y Cultura y otros tributos", "summary_en": "This Law No. 6879 increases the rates of the Education and Culture stamp for companies registered in the Commercial Registry, establishing a scale based on net capital. It also creates a 1% tax on the customs value of imported goods, with exceptions for export processing zones, cooperatives, unions, and state higher education institutions. It mandates the creation of commissions to evaluate child welfare programs and review state-funded social institutions. It eliminates export taxes on non-traditional products and prohibits pornographic literature from entering the country. The additional revenue will be allocated to the construction and maintenance of public libraries.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/07/1983", "year": "1983", "json_url": "/data/legal/docs/norm-9669.json", "html_url": "/legal/doc/norm-9669", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=9669&strTipM=TC&nValor3=0" }, { "id": "norm-970", "citation": "Ley 5476", "section": "norms", "doc_type": "law", "title_en": "Family Code", "title_es": "Código de Familia", "summary_en": "Law 5476, Costa Rica's Family Code, enacted in 1973 and repeatedly amended, is the foundational statute governing family relations. It establishes the fundamental principles of family protection, family unity, the best interests of the child, and equal rights between spouses. It regulates marriage, its effects, divorce, judicial separation, and marriage annulment. It defines the property regime, including prenuptial agreements, community property (gananciales), and the homestead exemption (afectación del inmueble familiar). It develops filiation, both within and outside marriage, and the processes for investigating and acknowledging paternity and maternity. It establishes adoption, its requirements and procedures. It defines the attributes of parental responsibility (formerly patria potestad), its exercise, suspension, and termination. It regulates child support obligations, guardianship, and conservatorship. It incorporates common-law unions (unión de hecho), granting them property effects equivalent to marriage after more than two years of public, notorious, unique, and stable cohabitation. The norm has been updated to reflect gender equality, the rights of minors, and protection against vicarious violence and inappropriate relationships.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/12/1973", "year": "1973", "json_url": "/data/legal/docs/norm-970.json", "html_url": "/legal/doc/norm-970", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=970&strTipM=TC&nValor3=0" }, { "id": "norm-97039", "citation": "Decreto 43477", "section": "norms", "doc_type": "executive_decree", "title_en": "Declaration of Shark Sanctuary in Cocos Island National Park", "title_es": "Declaración de Santuario Natural de Tiburones al Parque Nacional Isla del Coco", "summary_en": "This executive decree designates the marine protected area of Cocos Island National Park as a 'Natural Shark Sanctuary' to strengthen protection for 15 shark species, many of which are threatened or critically endangered per IUCN and CITES. It is based on state sovereignty over 200 nautical miles, the constitutional right to a healthy environment, the Biodiversity Law, the Wildlife Conservation Law, and numerous international conventions. The decree outlines the ecological and economic significance of sharks as apex predators and a world-class dive attraction. It mandates the Ministry of Environment and Energy (MINAE) and SINAC’s Cocos Marine Conservation Area to implement interagency coordination against illegal fishing, research, monitoring, environmental education, and collaboration with the Coast Guard, INCOPESCA, and academia. It reaffirms the prohibition of fishing within the national park under the National Parks Service Law and its public use regulations.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "biodiversity-law-7788", "wildlife-law-7317" ], "date": "20/04/2022", "year": "2022", "json_url": "/data/legal/docs/norm-97039.json", "html_url": "/legal/doc/norm-97039", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=97039&strTipM=TC&nValor3=0" }, { "id": "norm-97099", "citation": "Ley 10210", "section": "norms", "doc_type": "law", "title_en": "Addition of Articles 33 bis and 33 ter to the Forestry Law", "title_es": "Adición de los artículos 33 bis y 33 ter a la Ley Forestal", "summary_en": "This law adds Articles 33 bis and 33 ter to Forestry Law No. 7575, authorizing civil infrastructure and low-impact works in water body protection areas, both urban and rural. Article 33 bis allows the installation, maintenance, and replacement of works such as dikes, walls, sewers, bridges, and aqueducts, as well as infrastructure for stormwater and wastewater, provided water quality and the channel are not deteriorated. Low-impact tourism works like hanging bridges and observation platforms are also authorized. The authority to permit these works lies exclusively with the Water Directorate of MINAE. Article 33 ter enables the use and management of protection areas for low-impact activities aimed at recovering and safeguarding water bodies, tourism development, and sustainable mobility, to prevent pollution and mitigate climate change, always for the ecosystem's benefit. Public water supply and sanitation services are governed by Article 33 bis. The law orders MINAE to issue regulations within three months.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "05/05/2022", "year": "2022", "json_url": "/data/legal/docs/norm-97099.json", "html_url": "/legal/doc/norm-97099", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=97099&strTipM=TC&nValor3=0" }, { "id": "norm-97780", "citation": "Decreto 43693", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation to the Law Defining the Tax Basic Basket for the Integral Well-being of Families", "title_es": "Reglamento a la Ley de definición de la canasta básica tributaria por el bienestar integral de las familias", "summary_en": "This Executive Decree No. 43693-H-MEIC-S establishes the regulation for implementing Law No. 9914 of 2020, which defines the tax basic basket for the integral well-being of families (CBTBIF). It details the set of goods of primary effective consumption for the lowest-income 30% of households, including food, cleaning products, personal hygiene items, and school supplies, to which a reduced VAT rate is applied to counter the tax's regressivity. The regulation sets technical selection criteria based on the National Household Income and Expenditure Survey (ENIGH), the methodology for including fish, and the mandatory and public consultation process for determining the list of goods, which must be reviewed periodically. This is a fiscal norm with no environmental content.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/09/2022", "year": "2022", "json_url": "/data/legal/docs/norm-97780.json", "html_url": "/legal/doc/norm-97780", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=97780&strTipM=TC&nValor3=0" }, { "id": "norm-97922", "citation": "Reglamento municipal 114-3", "section": "norms", "doc_type": "municipal_regulation", "title_en": "Regulation for the Application of the General Public Roads Law and Related Laws", "title_es": "Reglamento para la Aplicación de la Ley General de Caminos Públicos y Leyes Conexas", "summary_en": "This Regulation sets municipal rules for managing Aserrí's cantonal road network. It classifies roads as neighborhood roads, local streets, and unclassified paths, prescribing minimum right-of-way widths (14 m, 10 m, 8.5 m, etc.) based on function. It governs the reopening procedure for obstructed roads, prohibiting closures and narrowing. The Municipality may remove vegetative obstacles within the right-of-way, coordinating with MINAE if protected areas or protected tree species are affected. It imposes vegetation-clearing duties on adjoining landowners and authorizes neighborhood road committees for manual maintenance. Finally, it details the process to declare a public street, requiring a technical inspection, compliance with classification criteria, and approval by the Municipal Council.", "primary_topic_id": null, "topic_ids": [], "date": "04/07/2022", "year": "2022", "json_url": "/data/legal/docs/norm-97922.json", "html_url": "/legal/doc/norm-97922", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=97922&strTipM=TC&nValor3=0" }, { "id": "norm-98012", "citation": "Decreto 43712", "section": "norms", "doc_type": "executive_decree", "title_en": "Repeal of Article 54 on Artisanal Wells", "title_es": "Derogatoria del Artículo 54 sobre Pozos Artesanales", "summary_en": "This executive decree repeals Article 54 of the Regulation for Well Drilling and Groundwater Use (Decree 43053-MINAE), which governed artisanal wells. The repeal is part of a regulatory improvement process by the Water Directorate to simplify procedures and enhance water resource oversight and management. All artisanal wells already registered remain in the National Well Registry, and any wells whose registration was pending when the decree takes effect will continue processing until completed. The measure does not establish or modify requirements or procedures for individuals, as determined by the prior regulatory control review.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "07/09/2022", "year": "2022", "json_url": "/data/legal/docs/norm-98012.json", "html_url": "/legal/doc/norm-98012", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=98012&strTipM=TC&nValor3=0" }, { "id": "norm-98047", "citation": "Decreto 43751", "section": "norms", "doc_type": "executive_decree", "title_en": "Amendment to the Regulation of the Law on Concession and Operation of Tourist Marinas and Docks", "title_es": "Reforma Reglamento a la Ley de Concesión y Operación de Marinas y Atracaderos Turísticos", "summary_en": "This executive decree amends the Regulation of the Law on Concession and Operation of Tourist Marinas and Docks (Executive Decree No. 38171) to incorporate the modifications introduced by the Law for the Promotion of Tourist Marinas and Coastal Development (Law No. 9977). The amendments cover aspects such as the extension of concession terms (up to 40 years for marinas, 35 for docks, renewable), the ability to subject installations to the condominium property regime, the regulation of chartering activities, a simplified procedure for the regularization of existing docks, and new provisions on temporary importation of vessels and immigration facilities. It also details the technical, environmental, and economic requirements for the different project approval stages (initial consultation, technical feasibility, plan approval) and the functions of the CIMAT Technical Unit. Annexes with guides and forms are added, and the minimum infrastructure and service conditions are adjusted.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/10/2022", "year": "2022", "json_url": "/data/legal/docs/norm-98047.json", "html_url": "/legal/doc/norm-98047", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=98047&strTipM=TC&nValor3=0" }, { "id": "norm-98204", "citation": "Decreto 43790", "section": "norms", "doc_type": "executive_decree", "title_en": "Regulation of the CBTBIF list of goods", "title_es": "Reglamento de lista de bienes CBTBIF", "summary_en": "This executive decree regulates the list of goods that make up the Tributary Basic Basket for the Integral Wellbeing of Families (CBTBIF), pursuant to Law No. 9914. It defines the food, hygiene, cleaning products, and school supplies that enjoy a reduced VAT rate of 1%, aimed at protecting the purchasing power of the lowest 30% of households by income. It includes technical nutritional selection criteria, specifies the conditions of goods (fresh, unprepared, etc.), and establishes provisions for registered agricultural producers. It repeals the previous regulation and contains a transitional provision to expand the inclusion of fish species while precise consumption data is obtained.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/11/2022", "year": "2022", "json_url": "/data/legal/docs/norm-98204.json", "html_url": "/legal/doc/norm-98204", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=98204&strTipM=TC&nValor3=0" }, { "id": "norm-98339", "citation": "Decreto 43795", "section": "norms", "doc_type": "executive_decree", "title_en": "Reform to the Environmental Administrative Tribunal Procedure", "title_es": "Reforma del Procedimiento del Tribunal Ambiental Administrativo", "summary_en": "This decree reforms the Environmental Administrative Tribunal's Procedure Regulation (Decree 34136) and the decree on the Environment Comptroller's functions (25082). It updates membership requirements, clarifies how resolutions are issued (single-judge up to the opening of the ordinary procedure; full panel for hearings and final decisions, with dissenting votes), and adds Article 10 bis to route preliminary files: return to SITADA if lacking a report, referral to municipalities for local permits or waste infractions, to SETENA for environmental viability breaches, and to other bodies based on competence. A new Article 30 bis permits early termination through conciliation approved by the Tribunal or by total/partial acquiescence. It also tasks the Environment Comptroller with managing SITADA, ensuring online and phone access.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "21/09/2022", "year": "2022", "json_url": "/data/legal/docs/norm-98339.json", "html_url": "/legal/doc/norm-98339", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=98339&strTipM=TC&nValor3=0" }, { "id": "norm-98384", "citation": "Resolución 0 (Sistema Nacional de Áreas de Conservación, 08/12/2022)", "section": "norms", "doc_type": "resolution", "title_en": "Public Use Regulation for Chirripó National Park", "title_es": "Reglamento de Uso Público del Parque Nacional Chirripó", "summary_en": "This regulation establishes the rules for all public use activities within Chirripó National Park, a highly fragile state-protected wilderness area. Its goal is to ensure the conservation of ecosystems, biodiversity, and environmental services while allowing sustainable ecotourism, research, and training. It defines a detailed zoning scheme (from minimum-intervention to high-intervention zones) specifying permitted and prohibited activities in each sector, including official trails, camping areas, and lodges. It regulates entry hours, the reservation system, fees, the duties of guides and visitors, and penalties for non-compliance. It also recognizes traditional and customary indigenous use in certain areas and establishes procedures for emergencies, search and rescue. The park administration, under SINAC-ACLA-P, is empowered to exercise police authority and enforce these provisions.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "08/12/2022", "year": "2022", "json_url": "/data/legal/docs/norm-98384.json", "html_url": "/legal/doc/norm-98384", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=98384&strTipM=TC&nValor3=0" }, { "id": "norm-98846", "citation": "Directriz 013", "section": "norms", "doc_type": "directive", "title_en": "Directive 013-S Monkeypox care for uninsured", "title_es": "Directriz 013-S Atención viruela símica a no asegurados", "summary_en": "Directive 013‑S of November 11, 2022, issued by the President and the Minister of Health, orders the Costa Rican Social Security Fund to provide mandatory health care and treatment for monkeypox to all Costa Ricans who lack health insurance and to uninsured foreigners. It is based on the constitutional right to health, the General Health Law, and the WHO international emergency declaration. The Fund must bill the State for the services to contain the spread of the disease. The directive is effective upon publication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/11/2022", "year": "2022", "json_url": "/data/legal/docs/norm-98846.json", "html_url": "/legal/doc/norm-98846", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=98846&strTipM=TC&nValor3=0" }, { "id": "norm-99014", "citation": "Decreto 43952", "section": "norms", "doc_type": "executive_decree", "title_en": "Public Employment Framework Law Regulation", "title_es": "Reglamento a la Ley Marco de Empleo Público", "summary_en": "This Executive Decree No. 43952 regulates Costa Rica's Public Employment Framework Law (Law No. 10159) for its application by public institutions. It establishes the governance of the General Public Employment System, headed by the Ministry of National Planning and Economic Policy (MIDEPLAN) with technical assistance from the Civil Service Directorate. It defines the human resources management subsystems: planning, work organization, employment, development, performance, compensation, and labor relations. It introduces the global salary scheme as the sole remuneration system, replacing the compound salary, and regulates its progressive implementation. Posts are classified into seven occupational families, and selection processes are detailed, based on competitive exams and merit. It also regulates vacations, leaves, permits, prohibitions, and collective bargaining. Its aim is to bring coherence, efficiency, and modernity to public employment while respecting the constitutional autonomies of the branches of government and other institutions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/02/2023", "year": "2023", "json_url": "/data/legal/docs/norm-99014.json", "html_url": "/legal/doc/norm-99014", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=99014&strTipM=TC&nValor3=0" }, { "id": "norm-99196", "citation": "Ley 10343", "section": "norms", "doc_type": "law", "title_en": "Reform of minimum widths for highways and public roads with exception for registered routes", "title_es": "Reforma de los anchos mínimos de carreteras y caminos públicos con excepción para vías registradas", "summary_en": "This law amends Article 4 of the General Public Roads Law (Law 5060) and the fifth paragraph of Article 2 of the Special Law for the Transfer of Competencies (Law 9329). While the minimum widths of 20 meters for highways and 14 meters for public roads are maintained, an exception is introduced: public routes and streets that are duly inventoried, coded, and georeferenced in the official registries of the MOPT and local governments may have widths below those minimums. This allows those narrower roads to undergo intervention, conservation, improvement, and rehabilitation by authorities. The reform also adjusts the competency transfer law to clarify that resources from Law 8114 and Law 9329 itself can be used on cantonal routes that do not meet the minimum width, provided they appear in official registries. The law does not directly address environmental issues, although it could have indirect implications for territorial planning and ecosystem impacts due to the regularization of existing roads.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/03/2023", "year": "2023", "json_url": "/data/legal/docs/norm-99196.json", "html_url": "/legal/doc/norm-99196", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=99196&strTipM=TC&nValor3=0" }, { "id": "norm-9925", "citation": "Ley 1644", "section": "norms", "doc_type": "law", "title_en": "Organic Law of the National Banking System", "title_es": "Ley Orgánica del Sistema Bancario Nacional", "summary_en": "Law 1644, the Organic Law of the National Banking System, establishes the structure, functions, and operations of the state and private financial system in Costa Rica. It defines the system's composition (Central Bank, state commercial banks like Banco Nacional and Banco de Costa Rica, private banks, and branches of foreign banks), their legal nature, capital, administration, and supervision by the General Superintendency of Financial Entities (SUGEF). The law regulates in detail credit operations, deposits and savings, investments, issuance of mortgage bonds, and sets prohibitions such as participation in non-financial companies. Regarding private banking, it sets capital requirements, corporate governance, mergers, and liquidation. The law does not address environmental matters or natural-resource protection; its scope is exclusively financial and banking.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/09/1953", "year": "1953", "json_url": "/data/legal/docs/norm-9925.json", "html_url": "/legal/doc/norm-9925", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=9925&strTipM=TC&nValor3=0" }, { "id": "norm-99253", "citation": "Decreto 43898", "section": "norms", "doc_type": "executive_decree", "title_en": "Environmental Assessment, Control and Monitoring Regulation", "title_es": "Reglamento de Evaluación, Control y Seguimiento Ambiental", "summary_en": "Executive Decree 43898-MINAE-S-MOPT-MAG-MEIC establishes Costa Rica's new regulatory framework for environmental assessment, control, and monitoring, replacing the previous regulation (Decree 31849). It modernizes and streamlines the Environmental Impact Assessment (EIA) process before SETENA. The Decree defines the assessment instruments (D1+DJCA, D1+P-PGA, D1+EsIA, D1-C, D1-Torres, D4-Forestal, D6-Cuadrante Urbano) and their application based on a new categorization using Environmental Impact Significance (SIA) and lists of activities (ISIC). It introduces the Digital Environmental Logbook for follow-up, regulates environmental guarantees, citizen participation, the register of consultants, and a detailed sanctioning procedure. The regulation emphasizes post-approval control and consultant responsibility, aiming for greater efficiency and legal certainty in environmental governance.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "subdivision-fraccionamiento", "environmental-law-7554" ], "date": "21/12/2022", "year": "2022", "json_url": "/data/legal/docs/norm-99253.json", "html_url": "/legal/doc/norm-99253", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=99253&strTipM=TC&nValor3=0" }, { "id": "norm-99399", "citation": "Resolución 022", "section": "norms", "doc_type": "resolution", "title_en": "Amendment on mandatory veterinary oversight in dairy industry", "title_es": "Reforma de regencia veterinaria obligatoria en industria láctea", "summary_en": "This resolution from the National Animal Health Service (SENASA) amends its previous requirement for mandatory professional veterinary oversight (regency) in dairy establishments processing between 10,000 and 150,000 liters of milk per month. The scope is expanded to include not only fluid milk but also processed milk and other dairy by-products. The validity of the mandatory sanitary measure is extended for another three years starting April 21, 2023. The measure is based on the need to control health risks such as antibiotic residues, zoonotic diseases (brucellosis and tuberculosis), and antimicrobial resistance. It emphasizes that while the regency requirement has shown positive results, it is not yet universal. SENASA will continue monitoring and evaluating these establishments, including artisanal and small producers, to protect public health through the safety of animal-origin food as mandated by Law No. 8495.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/04/2023", "year": "2023", "json_url": "/data/legal/docs/norm-99399.json", "html_url": "/legal/doc/norm-99399", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=99399&strTipM=TC&nValor3=0" }, { "id": "norm-99475", "citation": "Decreto 011", "section": "norms", "doc_type": "regulation", "title_en": "General Management Plan for Mangrove Wetlands between Colorado de Abangares and Níspero de Cañas, Guanacaste Province", "title_es": "Plan General de Manejo de los Humedales de Manglares entre Colorado de Abangares y Níspero de Cañas, Provincia Guanacaste", "summary_en": "This resolution formalizes the General Management Plan (PGM) for mangrove wetlands between Colorado de Abangares and Níspero de Cañas in Guanacaste. The plan provides a guiding framework for management, conservation, and rational use of ecosystem goods and services of these mangroves, with objectives for conservation, knowledge generation, and recovery of aquatic resources such as mollusks and crustaceans. It defines focal management elements (mangrove forest, mollusks, crustaceans, and birds), a zoning scheme in four categories (low, medium, and high intervention, and buffer zone) with permitted uses and associated legislation, and six specific plans (monitoring, prevention-protection-control, resource management, ecotourism, research, and environmental education). It incorporates a management model based on inter-institutional coordination and community participation, under the administration of the Arenal Tempisque Conservation Area (ACAT) and the Cipancí National Wildlife Refuge.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "forestry-law-7575" ], "date": "04/05/2023", "year": "2023", "json_url": "/data/legal/docs/norm-99475.json", "html_url": "/legal/doc/norm-99475", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=99475&strTipM=TC&nValor3=0" }, { "id": "norm-99553", "citation": "Decreto 44045", "section": "norms", "doc_type": "executive_decree", "title_en": "Administrative Intervention of Manuel Antonio National Park", "title_es": "Intervención Administrativa del Parque Nacional Manuel Antonio", "summary_en": "This executive decree establishes an administrative intervention in Manuel Antonio National Park (PNMA), declared of public interest, due to serious deficiencies in its management, infrastructure, and services. An Administrative Intervention Commission appointed by the Minister of Environment and Energy is created, temporarily assuming the park's direction, administration, operations, and finances, without affecting the exclusive powers of its Board of Directors under Law 5100. The Commission must submit, within 60 days, an evaluation and improvement report with recommendations to modernize and optimize operations, prioritizing public services and infrastructure. Its initial term is up to four months, extendable by the Minister until necessary improvements are achieved. The goal is for PNMA to regain an acceptable standard of efficiency, legality, and service, addressing complaints from users, neighbors, and authorities about its organizational and operational crisis.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "23/05/2023", "year": "2023", "json_url": "/data/legal/docs/norm-99553.json", "html_url": "/legal/doc/norm-99553", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1=NRTC&nValor1=1&nValor2=99553&strTipM=TC&nValor3=0" }, { "id": "pgr-10013", "citation": "C-015-1998", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Taxability of CATs with the income tax on profits", "title_es": "Gravabilidad de los CATS con el impuesto sobre las utilidades", "summary_en": "The Attorney General's Office analyzes whether Tax Credit Certificates (CATs) are subject to the income tax on profits. It concludes that Articles 6 and 7 of the Export Promotion Law, which exempted CATs from all taxes, were tacitly repealed by Law 7257 of 1991, which regulated CATs within the Income Tax Law without including such exemption. However, it does not determine automatic taxability, stating that whether CAT benefits are subject to the tax on profits depends on a case-by-case analysis under Law 7092, considering the taxable event and the taxable base. Regarding prior tax consultations, it indicates that rights acquired through a favorable administrative response remain valid for the consulted period, and any change would require a lesividad or nullity procedure.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/01/1998", "year": "1998", "json_url": "/data/legal/docs/pgr-10013.json", "html_url": "/legal/doc/pgr-10013", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10013&strTipM=T" }, { "id": "pgr-10017", "citation": "OJ-005-1998", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Payment of commissions to INVU sales agents and enforcement of amparo judgment", "title_es": "Pago de comisiones a agentes vendedores del INVU y ejecución de sentencia de amparo", "summary_en": "The Attorney General's Office declines to issue a binding opinion because the consultation concerns a specific case —the claim for payment of commission differentials by INVU sales agents— and its advisory role does not substitute the active administration in making particular decisions. However, as a legal opinion, the Office distinguishes two aspects of the condemnation arising from the Constitutional Chamber's ruling that annulled the regulation reducing the commission from 2% to 1.5%. On one hand, the payment of the owed commission differentials is a judicially declared right and easily calculable, so INVU should immediately recognize it without conditioning it on an enforcement proceeding, since the annulment operates erga omnes and deferring payment would discriminate against the claimants. On the other hand, other indemnity claims such as interest, moral damages, or costs are litigious rights that do require the enforcement proceeding, although the Administration could settle those patrimonial differences.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/01/1998", "year": "1998", "json_url": "/data/legal/docs/pgr-10017.json", "html_url": "/legal/doc/pgr-10017", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10017&strTipM=T" }, { "id": "pgr-10067", "citation": "C-012-1999", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Return of absolute nullity consultation for incomplete record", "title_es": "Devolución de consulta de nulidad absoluta por expediente incompleto", "summary_en": "The Attorney General's Office returns without decision the request for absolute, evident and manifest nullity of a zoning salary supplement paid to an official of the National Production Council, under Article 173 of the General Public Administration Law. It identifies multiple deficiencies in the administrative record: absence of the resolution by the directing body setting out the factual framework, evidence assessment, and legal arguments; lack of proper foliation and chronological order; and missing documents cited but not included. The Office emphasizes that the absolute nullity procedure must respect due process, guaranteeing the affected party the opportunity to exercise their defense, and that a favorable opinion from the PGR is a prerequisite for the final declaration by the competent authority. A copy of opinion C-140-87 is attached as jurisprudential guidance for future cases.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/01/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-10067.json", "html_url": "/legal/doc/pgr-10067", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10067&strTipM=T" }, { "id": "pgr-1007", "citation": "C-015-1988", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Applicability of Law 6043 in Wildlife Refuges on the maritime-terrestrial zone", "title_es": "Aplicación de la Ley 6043 en Refugios de Vida Silvestre sobre zona marítimo-terrestre", "summary_en": "The Attorney General's Office analyzes whether the Municipality of Golfito may charge occupancy fees and receive concession applications in the maritime-terrestrial zone of Playa Cacao, now encompassed within the Golfito National Wildlife Refuge. It concludes that, in accordance with Article 73 of Law 6043, areas of the maritime-terrestrial zone included in national parks or equivalent reserves are not governed by that law but by their specific legislation. A wildlife refuge qualifies as an equivalent reserve; therefore, its administration falls exclusively to the General Directorate of Wildlife of the Ministry of Natural Resources, Energy, and Mines. Consequently, the Municipality must refrain from granting concessions, charging fees, or receiving new applications in that area. Occupancy permits already granted, being precarious and revocable, must be terminated, with notice to occupants that any future legitimate use requires authorization from the Directorate of Wildlife.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "26/01/1988", "year": "1988", "json_url": "/data/legal/docs/pgr-1007.json", "html_url": "/legal/doc/pgr-1007", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=1007&strTipM=T" }, { "id": "pgr-10208", "citation": "OJ-110-2000", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal nature of roads alongside irrigation canals in the Arenal Irrigation District", "title_es": "Naturaleza jurídica de los caminos junto a canales de riego del Distrito de Riego Arenal", "summary_en": "At the request of the Municipality of Cañas, the Attorney General's Office analyzes the legal status of roads built by SENARA alongside irrigation canals in the Arenal Irrigation District. The query arose because SENARA or users placed gates blocking free transit, despite the roads having been open to the public for approximately 14 years. The Attorney General determines that the legal nature of the roads—whether public or private—must first be established before any reopening order can be issued. To that end, the competent authority (the Ministry of Public Works and Transport or the Municipality itself) must assess whether the roads meet the criteria for public roads under the General Roads Law, considering that the land was expropriated by SENARA and the roads are an integral part of the irrigation infrastructure required for the public service. The opinion concludes that the Attorney General's Office cannot substitute the Administration in resolving the specific case, but provides guidance on the procedure and applicable norms to determine if reopening is warranted.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "03/10/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-10208.json", "html_url": "/legal/doc/pgr-10208", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10208&strTipM=T" }, { "id": "pgr-10218", "citation": "C-291-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to issue opinion on application of Law 7142 and nullity of municipal agreements", "title_es": "Imposibilidad de emitir dictamen sobre aplicación de Ley 7142 y nulidad de acuerdos municipales", "summary_en": "The Attorney General's Office declines to issue an opinion on two queries submitted by the Municipality of Cartago. As for the first query, concerning the scope of the Law for the Promotion of Women's Social Equality in appointments to education boards, administrative boards, and cantonal sports and recreation committees, the case is archived because the consulting entity did not provide its legal advisor's opinion, despite having been warned to do so, failing to comply with Article 4 of the Organic Law of the Attorney General's Office. Regarding the second query, on the possible nullity of council agreements and the duty to reimburse attendance fees for irregular extraordinary sessions, the Attorney General's Office declares itself incompetent since the matter falls under the exclusive and prevailing competence of the Comptroller General of the Republic concerning public funds, pursuant to Article 184 of the Constitution and its Organic Law. Furthermore, it involves a specific case on which the advisory body cannot rule according to its own administrative jurisprudence.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/11/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-10218.json", "html_url": "/legal/doc/pgr-10218", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10218&strTipM=T" }, { "id": "pgr-10300", "citation": "C-060-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Procedural Defects Prevent Opinion on Nullity of Municipal Approval", "title_es": "Vicios de procedimiento impiden dictamen de nulidad de visado municipal", "summary_en": "The opinion responds to INVU's request for the opinion required by Article 173 of the General Public Administration Act to declare the absolute, evident, and manifest nullity of the approval granted to two subdivision plans for the El Uriche development. The Attorney General's Office refuses to issue a substantive opinion due to serious procedural defects in the administrative procedure conducted by INVU itself. The file lacks essential proceedings: there is no initial act commencing the procedure or its notification, no record of the hearing, the documents are uncertified simple photocopies, the file is not properly paginated, and there is no Board of Directors' agreement to initiate the procedure. The Attorney General orders INVU to annul the necessary acts in order to correct the procedure before any substantive ruling. The opinion reaffirms the oversight role of the Attorney General's Office and the importance of due process as a safeguard against the administrative annulment of acts granting rights.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "subdivision-fraccionamiento", "procedural-environmental" ], "date": "06/03/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10300.json", "html_url": "/legal/doc/pgr-10300", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10300&strTipM=T" }, { "id": "pgr-10308", "citation": "C-042-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal Nature of the Administrative Board and General Directorate of the National Archives", "title_es": "Naturaleza jurídica de la Junta Administrativa y la Dirección General del Archivo Nacional", "summary_en": "The Attorney General's Office analyzes the organization and operation of the National Archives under Law No. 7202, the National Archives System Law, of October 24, 1990. The query focuses on interpreting the deconcentration established in Article 22 of the law and its impact on autonomy, judicial and extrajudicial representation, exhaustion of administrative remedies, application of labor regulations, and determination of the hierarchical superior of the General Director. After examining applicable legislation, doctrine, and legislative history, the Office concludes that the Administrative Board is a body with budgetary personification (organ-person), while the General Directorate is a minimally deconcentrated body of the Ministry of Culture, Youth, and Sports. It determines that no general rule can be established for exhaustion of administrative remedies, as it depends on whether the power falls under the exclusive competence of the Board, the General Directorate, or the Minister. Both the Board President and the General Director are authorized to represent the institution judicially and extrajudicially. The applicable labor regulation is that of the Ministry of Culture, and the hierarchical superior of the General Director is the Minister of the portfolio.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10308.json", "html_url": "/legal/doc/pgr-10308", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10308&strTipM=T" }, { "id": "pgr-10312", "citation": "C-290-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Deficiencies in administrative file before absolute nullity opinion", "title_es": "Subsanación de expediente previo a dictamen de nulidad absoluta", "summary_en": "The Attorney General's Office reviews for a second time the administrative file submitted by the National Production Council (CNP) in a proceeding for absolute, evident, and manifest nullity under Article 173 of the General Public Administration Act, concerning the payment of a location allowance to a public official. The active administration corrected some of the deficiencies noted in prior Opinion C-012-99, such as the lack of pagination and chronological order, though the pagination remains defective and the file was sent as uncertified copies. New defects are identified: the minutes of the oral hearing are not signed by the participants, and documents unrelated to the official under investigation are included. Moreover, it is shown that the administration had already suspended the contested payment without having completed the nullity proceeding. The Attorney General's Office declines to issue a substantive opinion until all defects are corrected.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/11/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-10312.json", "html_url": "/legal/doc/pgr-10312", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10312&strTipM=T" }, { "id": "pgr-10313", "citation": "C-303-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "ICT Ownership of Moín Lands and Port Authority Restrictions", "title_es": "Propiedad del ICT sobre terrenos en Moín y limitaciones a la actividad portuaria", "summary_en": "The PGR examines whether Law 2906, which transferred lands in Moín to the ICT, remains in force after the creation of JAPDEVA and the Maritime-Terrestrial Zone Law. It concludes that Law 2906 has not been tacitly repealed, because Article 6 of Law 6043 protects property rights legitimized by prior laws, and the lands transferred to ICT are private property of the institute. It determines that although the MOPT may delimit port zones, it cannot impose use restrictions on private properties (such as those of ICT) via executive decree; such restrictions require a law. Including private lands in a port zone only enables the initiation of expropriation proceedings, not the imposition of use limitations. Therefore, the touristic and recreational purpose set by Law 2906 can only be changed by law.", "primary_topic_id": null, "topic_ids": [], "date": "11/12/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-10313.json", "html_url": "/legal/doc/pgr-10313", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10313&strTipM=T" }, { "id": "pgr-10327", "citation": "OJ-009-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on the draft SETENA Procedures Regulation", "title_es": "Opinión sobre el proyecto de Reglamento de Procedimientos de la SETENA", "summary_en": "The Attorney General's Office analyzes the draft SETENA Procedures Regulation, which sought to modify the environmental impact assessment (EIA) process by excluding activities with insignificant impact and simplifying procedures. It warns that several proposed changes—such as excluding certain activities (roads, airports, hospitals), eliminating the Preliminary Environmental Assessment Form (FEAP), removing the obligation to review land-use plans, and scrapping the Environmental Management Plan—unduly reduce state environmental oversight and could be unconstitutional by weakening the mandate of Article 50 of the Constitution. It states that deregulation must not undermine environmental protection and that, under Article 18 of the Environmental Organic Law, SETENA must authorize (not just register) consultants. It concludes with numerous recommendations to maintain and strengthen existing environmental controls, avoiding a lowering of protection.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "29/01/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10327.json", "html_url": "/legal/doc/pgr-10327", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10327&strTipM=T" }, { "id": "pgr-10364", "citation": "C-077-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Transfer of concession and liquor license in the maritime-terrestrial zone", "title_es": "Traspaso de concesión y patente de licores en la zona marítimo terrestre", "summary_en": "The Attorney General's Office analyzes a request to transfer a concession and liquor license in Playas del Coco, Carrillo Canton. It determines that, since no registered concession exists in the name of the deceased and granting special usage rights in the public zone is prohibited, the transfer is inadmissible. It clarifies that the extinction of the concession due to the concessionaire's death without inheritance assignment means improvements revert to the municipality. It also notes the illegality of occupation permits in the public zone and the need for the Municipality to review the possible absolute nullity of acts violating Law 6043 and the Municipal Code.", "primary_topic_id": null, "topic_ids": [ "water-law", "property-and-titling" ], "date": "19/03/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10364.json", "html_url": "/legal/doc/pgr-10364", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10364&strTipM=T" }, { "id": "pgr-10370", "citation": "OJ-017-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Modification of maritime-terrestrial zone fees: insufficient technical justification", "title_es": "Modificación de cánones en zona marítimo terrestre: insuficiencia de justificación técnica", "summary_en": "The Attorney General’s Office reviews a draft decree reducing fees in the maritime-terrestrial zone, finding it insufficiently justified. The proposed cuts —up to 66% for residential use— lack a rigorous study proving current fees are excessive or that the new amounts are appropriate under economic-efficiency criteria. No evidence shows the fee level causes low collection or discourages investment. The opinion warns that an unjustified reduction would harm the public interest, deprive municipalities of legitimate income, and shift wealth to the private sector. It points out technical-legal flaws: inconsistencies with Law 6043 (e.g., creating a provisional vs. definitive fee, or using the civil-law concept of lease for public-domain property), ambiguity in valuing an “administrative real right,” and failure to include fee-updating mechanisms. The Office suggests numerous corrections and notes that its review, while focused on legality, also touches on expediency when the act could fail to protect public assets.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/03/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10370.json", "html_url": "/legal/doc/pgr-10370", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10370&strTipM=T" }, { "id": "pgr-10371", "citation": "C-111-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Arbitration and Settlement Inappropriateness for Concession Fees in Maritime-Terrestrial Zone", "title_es": "Improcedencia del arbitraje y transacción sobre canon de concesión en zona marítimo terrestre", "summary_en": "The Attorney General's Office examines whether the conflict between the Municipality of Liberia and Ecodesarrollo Papagayo S.A. over the amount and collection of a concession fee in the Culebra Bay Maritime Terrestrial Zone can be resolved through arbitration or settlement. It concludes that the obligation to pay the fee cannot be waived or discussed in arbitration, but if the municipality has reasoned doubts about the calculation formula, it may resort to legal arbitration to determine the amount, provided the decision is duly justified. Executive Decree 25439 cannot be applied to set the unit value; the specialized Regulation 7841 prevails. Extrajudicial negotiation to waive fines and interest is not permitted without express legal authorization. The municipality must assess the feasibility of the specific proposal submitted.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/04/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10371.json", "html_url": "/legal/doc/pgr-10371", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10371&strTipM=T" }, { "id": "pgr-10372", "citation": "C-093-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal Council authority to declare absolute nullity", "title_es": "Competencia del Concejo Municipal para declarar nulidad absoluta", "summary_en": "This opinion determines which municipal body qualifies as the highest administrative authority (\"jerarca administrativo\") for purposes of declaring the absolute, evident, and manifest nullity of an act conferring rights, under Article 173 of the General Public Administration Act. Despite reforms to the Municipal Code that strengthened the Mayor's role, the Municipal Council remains the superior administrative hierarchy. Although the Mayor is popularly elected and acts as general administrator, the Mayor's administrative functions are subordinate to the Council. Therefore, the Municipal Council is the competent body to declare absolute nullity. Furthermore, any decision by the Council in this procedure may be challenged before the Third Section of the Contentious-Administrative Tribunal, which, acting as an improper hierarchical superior under Article 173 of the Constitution and Law 7274, exhausts the administrative venue.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "28/03/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10372.json", "html_url": "/legal/doc/pgr-10372", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10372&strTipM=T" }, { "id": "pgr-10376", "citation": "C-026-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Public Access and Development Authorization on Cliffs under Article 21 of Law 6043", "title_es": "Acceso público y autorización de desarrollos en riscos según artículo 21 de la Ley 6043", "summary_en": "The ICT inquires whether the exception in Article 21 of Law 6043 (development on cliffs or areas unfit for public use) requires guaranteeing public access to the inalienable 50-meter zone even if this means affecting adjacent private properties through an easement. The opinion concludes that the obligation to establish a free transit zone and ensure pedestrian safety is unavoidable. If access to the public zone is only possible through private lands, the authorization must be denied, unless the adjoining landowner voluntarily donates the necessary space to the State. A public-use easement is not recommended due to lack of clear regulation, and a civil right-of-way easement is unsuitable. The opinion stresses that common use is the primary purpose of the public zone and any exceptional private use must be compatible with collective access, environmental protection, and must not harm third parties.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "07/02/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10376.json", "html_url": "/legal/doc/pgr-10376", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10376&strTipM=T" }, { "id": "pgr-10386", "citation": "OJ-113-2000", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Unfavorable legal opinion on the Regulation for demarcation and boundary marking of the public zone of the Maritime-Terrestrial Zone", "title_es": "Opinión jurídica desfavorable al Reglamento de demarcación y amojonamiento de la zona pública de la ZMT", "summary_en": "The Attorney General's Office issues an unfavorable legal opinion on the proposed Regulation to promote the protection, demarcation and boundary marking of the public zone of the Maritime-Terrestrial Zone. It concludes that demarcation of the public zone is an exclusive function of the National Geographic Institute (IGN), implicit in its founding law and not transferable to private surveyors by executive decree. It determines that surveyors lack public faith for such tasks, and that transferring powers to the National Cadastre requires legislative amendment. It points out multiple deficiencies and illegalities in the articles, including conflicts with powers of the Federated College of Engineers and Architects, and warns that deregulation must not undermine environmental protection or essential State services. The opinion is a comprehensive rejection of the proposed regulation.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "11/10/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-10386.json", "html_url": "/legal/doc/pgr-10386", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10386&strTipM=T" }, { "id": "pgr-10387", "citation": "OJ-115-2000", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legislative approval of concessions on maritime islands", "title_es": "Aprobación legislativa de concesiones en islas marítimas", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on the legislative approval bill for the concession of Isla Cedros, granted by the Municipality of Puntarenas. It clarifies that lack of response does not imply agreement with the bill. It notes the correct term is maritime-terrestrial public domain concession, not 'concession permit'. It explains that concessions on maritime islands require approval by the Legislative Assembly under Articles 6 of the Constitution, 9 and 42 of Law 6043, and that such approval constitutes a review of legality, opportunity and convenience. It details the basic requirements and procedural stages for granting concessions in the maritime-terrestrial zone, including declaration of tourist suitability, regulatory plan, appraisal, studies, and approvals by ICT and INVU. It recalls the prohibition on granting concessions to related officials and to foreigners in certain cases.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "18/10/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-10387.json", "html_url": "/legal/doc/pgr-10387", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10387&strTipM=T" }, { "id": "pgr-10388", "citation": "OJ-122-2000", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Permits for docks and fill in the Puntarenas estuary and applicable regime", "title_es": "Permisos para muelles y rellenos en el estero de Puntarenas y régimen aplicable", "summary_en": "The Attorney General's Office answers a query from the Puntarenas Deputy Prosecutor on who grants permits for dock construction in the estuary zone and whether central Puntarenas falls under the Maritime Zone Law. It concludes that the area from Chacarita to La Punta is within the urban perimeter of Puntarenas city and excluded from that law, though its articles 76, 77 and regulations apply. Lands formed by accretion on the southern shore of the estuary are public domain owned by the State, administered by the Municipality, which may grant concessions. Additional authorizations are required for works such as docks. Authorization of filling is questionable as it contravenes environmental norms and Article 50 of the Constitution; the Prosecutor should request a constitutional review. The opinion recommends expanding the wetland declaration to the estuary and making very restricted use of legal faculties.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "06/11/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-10388.json", "html_url": "/legal/doc/pgr-10388", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10388&strTipM=T" }, { "id": "pgr-10390", "citation": "OJ-123-2000", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Endorsement of construction plans in maritime zone and elimination of preliminary project", "title_es": "Visado de planos en zona marítimo terrestre y supresión de anteproyecto", "summary_en": "The Attorney General reviews a draft regulation that seeks to systematize plan endorsement for construction in the maritime terrestrial zone. The opinion objects to the elimination of the preliminary project (anteproyecto), replaced by an ambiguous 'basic plan', because it disregards mandatory stages set by the CFIA for engineering and architecture practice, reduces environmental safeguards, and deregulates contrary to article 50 of the Constitution. It warns that simplification cannot undermine environmental protection. The opinion identifies regulatory contradictions with Law 6043 and its regulations; it flags constitutional doubts by limiting municipal endorsement requirements and omitting territorial planning across the entire zone. It recommends keeping the preliminary project, consulting the CFIA, defining 'endorsement', harmonizing amendments with the legal framework, and not repealing articles 54 and 55 of the Regulation to Law 6043.", "primary_topic_id": null, "topic_ids": [], "date": "10/11/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-10390.json", "html_url": "/legal/doc/pgr-10390", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10390&strTipM=T" }, { "id": "pgr-10426", "citation": "OJ-096-2000", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Partial reform of the Maritime Terrestrial Zone Regulation — opinion on draft decree", "title_es": "Reforma parcial al Reglamento de la Zona Marítimo Terrestre — opinión sobre proyecto de decreto", "summary_en": "The Office of the Attorney General issues a non-binding legal opinion on a draft decree that partially reforms the Regulation to the Maritime Terrestrial Zone Law (Decree 7841-P). The project aims to align the regulation with Law 6043. The PGR analyzes the proposed amendments article by article. It endorses several changes, such as requiring a declaration of touristic or non-touristic aptitude as a prerequisite for any concession; prohibiting the authorization of permanent works without an approved coastal regulatory plan and registered concession; and improvements in fax notifications, deadlines, and signatures on procedural resolutions. However, it objects and recommends maintaining: the last paragraph of Article 20 regarding public use dedications under the Urban Planning Law; Article 17 on the hierarchy among national, general, and regulatory plans; and the frontage and area limits for lots in tourist zones under Article 65, whose removal would leave those parameters to subjective discretion. It also suggests drafting corrections, deadlines, and procedural adjustments in Articles 15, 20, 27, 31, 32, 42, 43, 46, 84, and in the project’s preamble. It warns that the current Article 46 (as amended in 1997) violates Law 6043 by requiring prior authorization from ICT or IDA instead of subsequent approval, and reiterates the need to amend Article 36 to remove the reference to apparent easements on public domain.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "06/09/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-10426.json", "html_url": "/legal/doc/pgr-10426", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10426&strTipM=T" }, { "id": "pgr-10429", "citation": "C-139-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Workers' Assembly of Banco Popular is not equivalent to a shareholders' meeting", "title_es": "Asamblea de Trabajadores no equivale a asamblea de accionistas del Banco Popular", "summary_en": "The Attorney General's Office analyzes whether the Workers' Assembly of Banco Popular can be considered analogous to a shareholders' meeting. It concludes that no such similarity exists because the Bank is a non-state public entity of a corporate nature, created by law for public purposes, and workers are co-owners by legal mandate, not by capital contributions. Worker participation depends on union affiliation rather than financial criteria, and the Assembly's powers are limited and exhaustive, with no authority to modify the Bank's structure. Moreover, regarding the corporations formed by the Bank under Article 55 of the Securities Market Law, as they are single-shareholder companies, they lack a shareholders' meeting; by regulation, the corresponding functions are exercised by the National Board of Directors, not the Workers' Assembly.", "primary_topic_id": null, "topic_ids": [], "date": "21/05/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10429.json", "html_url": "/legal/doc/pgr-10429", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10429&strTipM=T" }, { "id": "pgr-10490", "citation": "C-157-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Prohibition of multiple concessions in coastal zone", "title_es": "Prohibición de múltiples concesiones en zona marítimo terrestre", "summary_en": "The Municipal Council of Nandayure inquired whether Article 57(e) of Law 6043—which limits concessions to one per individual, their spouse and minor children—also applies to legal entities and to non-tourist zones. The PGR concludes that the literal text only reaches natural persons, which could create a negative discrimination contrary to the constitutional principle of equality. Nevertheless, municipalities have discretionary powers to deny concession applications from legal entities (or their shareholders) that already hold a concession, provided the decision is grounded in the public purpose of preventing the concentration of state land and ensuring equitable distribution of wealth under Article 50 of the Constitution. The same criterion is extended to non-tourist zones for both natural and legal persons, while recommending legislative reform to expressly equalize both regimes.", "primary_topic_id": null, "topic_ids": [], "date": "29/05/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10490.json", "html_url": "/legal/doc/pgr-10490", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10490&strTipM=T" }, { "id": "pgr-10518", "citation": "OJ-072-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal nature of public trusts and the Peñas Blancas Trust", "title_es": "Naturaleza jurídica del fideicomiso público y el Fideicomiso Peñas Blancas", "summary_en": "This opinion analyzes public trusts, clarifying that they do not create a legal entity but rather a separate estate. It determines that public entities may create trusts if they have legal authority—even implicitly—as long as it does not entail delegation of public functions or disaffection of public domain assets without legislative approval. Regarding the Electric Infrastructure Trust (Peñas Blancas) established by ICE, it concludes that the transferred assets (right to use land, movable property) are patrimonial and could be pledged and are attachable absent a statutory provision to the contrary. The trustee’s contracting is governed by the principles but not the procedures of the Administrative Contracting Law. The Special Committee’s liability is limited; the trustee remains responsible for the trust’s purposes. Finally, it distinguishes the trust from the BOT mechanism as forms of private financing of public works.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/06/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10518.json", "html_url": "/legal/doc/pgr-10518", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10518&strTipM=T" }, { "id": "pgr-10537", "citation": "OJ-077-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Tree felling in public road rights-of-way by MINAE", "title_es": "Tala de árboles en derecho de vía de caminos vecinales por el MINAE", "summary_en": "The Attorney General's Office analyzes whether the Ministry of Environment (MINAE) can authorize municipalities to fell trees in the rights-of-way of local roads for donation to third parties. It concludes that MINAE lacks competence to grant such authorizations for private benefit, because rights-of-way are State public domain assets intended for road, safety, and ornamental purposes, and are not comparable to agricultural lands without forest under Article 27 of the Forestry Law. Municipalities, as administrators of these roads, may only cut or prune trees for general interest reasons (road improvement, safety, or public health), not to donate the timber. If MINAE receives timber from natural disasters or road widening, it must donate it to the Ministry of Public Education under Article 65 of the Forestry Law.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "25/06/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10537.json", "html_url": "/legal/doc/pgr-10537", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10537&strTipM=T" }, { "id": "pgr-10544", "citation": "C-140-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Exemption of EARTH from Real Estate Tax", "title_es": "Exoneración de la EARTH en el Impuesto sobre Bienes Inmuebles", "summary_en": "The Attorney General's Office analyzes whether the Escuela de Agricultura de la Región Tropical Húmeda (EARTH) is exempt from the Real Estate Tax created by Law No. 7509. It concludes that EARTH benefits from exemption on three grounds: (1) the exemptions granted under the Aid Agreement with the United States (Law No. 3011) have a higher rank than ordinary law and cannot be limited by Article 63 of the Tax Code; (2) EARTH's Creation Law (No. 7044) expressly exempted its property from all taxes, and this exemption survived the Exemption Repeal Law (No. 7293) as it was listed among its exceptions; and (3) the Real Estate Tax under Law No. 7509 is essentially the same Territorial Tax created by Law No. 27, and therefore it is not a new tax that would bar the application of the pre-existing exemption. Consequently, EARTH's real estate is not subject to this tax.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/05/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10544.json", "html_url": "/legal/doc/pgr-10544", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10544&strTipM=T" }, { "id": "pgr-10583", "citation": "OJ-097-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Additional housing bond financing for families affected by cooperative sector crisis", "title_es": "Financiamiento adicional para bonos de vivienda a familias afectadas por crisis cooperativa", "summary_en": "The Attorney General’s Office examines Bill No. 14,403, which would grant a second housing bond to families harmed by the crisis of certain cooperatives. It concludes that the differential treatment could be constitutional if based on the fact that the diversion of funds is not attributable to the families, but warns of constitutional flaws: an ordinary law cannot authorize public expenditure without a budget amendment, and the bill does not provide a financing source, making it questionably reasonable and enforceable. It recommends clarifying the right to the second bond, the certification of beneficiaries, the budget source, and the obligations of BANHVI.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10583.json", "html_url": "/legal/doc/pgr-10583", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10583&strTipM=T" }, { "id": "pgr-10587", "citation": "OJ-100-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Information Law and Personal Data Protection in Costa Rica", "title_es": "Derecho de la Información y Protección de Datos Personales en Costa Rica", "summary_en": "Legal opinion OJ-100-2001 from the Attorney General's Office provides a comprehensive study of Costa Rican law on access to information and personal data protection, both vis-à-vis the State and between private parties. It examines constitutional articles 24, 27, 28, 30 and 41, Constitutional Chamber case law, and the Attorney General's own opinions. It develops the limits to the right of access: State secrets, private interest, public order and reasonableness of the request. It analyzes protection against unauthorized use of personal data by the Government, highlighting the right to informational self-determination as a derivation of the right to privacy. It addresses transborder dimensions and summarizes the habeas data bill (file 12.827) that seeks to incorporate this remedy into constitutional jurisdiction. The opinion is non-binding as it is not a formal consultation under Article 4 of the Organic Law of the Attorney General's Office.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/07/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10587.json", "html_url": "/legal/doc/pgr-10587", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10587&strTipM=T" }, { "id": "pgr-10632", "citation": "OJ-070-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Observations on draft arbitration agreement with S.A. Toro Rojo", "title_es": "Observaciones sobre proyecto de compromiso arbitral con S.A. Toro Rojo", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on a new draft arbitration agreement between the Government and the company S.A. Toro Rojo, regarding claims of ownership and compensation for 1,587.62 hectares within La Amistad International Park. It reiterates its unfavorable position to signing the agreement, given there is already a court ruling that declared the company's lawsuit inadmissible and that the matter cannot be resolved without affecting third parties with rights over the same lands. Objections are raised and modifications to the proposed text are recommended: include the legal basis supporting the State's defense (arts. 13 and 14 Forestry Law, among others), remove the possibility of offering new evidence, eliminate the review of processes with third parties, specify that compensation be based on expert evidence already taken, and add clauses that safeguard public domain over the State's Natural Heritage.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "12/06/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10632.json", "html_url": "/legal/doc/pgr-10632", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10632&strTipM=T" }, { "id": "pgr-10633", "citation": "OJ-061-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legislative Approval of Ecotourism Concessions for Isla Caballo", "title_es": "Aprobación legislativa de concesiones ecoturísticas en la Isla Caballo", "summary_en": "This legal opinion analyzes the bill seeking legislative approval of five concessions for ecotourism development on Isla Caballo, granted by the Municipality of Puntarenas. The Attorney General's Office clarifies that its pronouncement is a non-binding opinion, rejecting the assumption that its silence implies agreement with the bill. It examines the legal requirements for concessions in the maritime-terrestrial zone, the necessity of Legislative Assembly approval when maritime islands are involved, and identifies defects in the proposed concessions, such as the improper inclusion of the public zone and incorrect boundary descriptions. It warns about the potential concentration of land in a single economic group and reminds of the obligation to comply with the Tourist Marinas Law. It concludes with recommendations on the bill's form and on aspects of legality and advisability that the Assembly must evaluate before granting approval.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "29/05/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10633.json", "html_url": "/legal/doc/pgr-10633", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10633&strTipM=T" }, { "id": "pgr-10636", "citation": "C-210-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Exclusive competence of the National Museum for archaeological rescue", "title_es": "Competencia exclusiva del Museo Nacional para el rescate arqueológico", "summary_en": "The Attorney General's Office interprets Article 13 of the Archaeological Heritage Law (No. 6703) and concludes that archaeological rescue —whether sudden or planned— is a single, indivisible function exclusive to the National Museum. Private foundations or independent consultants may not unilaterally carry out rescue activities. The doctrinal distinction between sudden and planned rescue lacks legal support; the National Museum has implied competence to execute all rescue modalities. Executive Decree 28174-MP-C-MINAE-MEIC (1999) is identified as apparently illegal insofar as it allows authorized private individuals to conduct rescues, contravening the Museum's legal competence. The Museum may not delegate this function to private entities, as public powers are non-transferable and exclusively exercised by their holder.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "30/07/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10636.json", "html_url": "/legal/doc/pgr-10636", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10636&strTipM=T" }, { "id": "pgr-10637", "citation": "C-230-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Closure of Children's Play Areas in Urban Developments", "title_es": "Cierre de áreas de juegos infantiles en urbanizaciones", "summary_en": "The Attorney General's Office clarifies its opinion C-166-2001 on the closure of children's play areas in urban developments. It concludes that fencing, including a gate, is an implicit legal obligation of the developer as part of the required equipment, and also a protective measure for minors and for public domain self-protection. However, the fence must guarantee common public use with comfortable access, inward visibility and external control, preserving aesthetics and without creating easements, turning them into walkways, or changing their designated use. The decision on the appropriateness and form of closure falls to the municipality, applying reasonableness and proportionality. The review appeal is denied for lack of standing of the private petitioners.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/08/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10637.json", "html_url": "/legal/doc/pgr-10637", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10637&strTipM=T" }, { "id": "pgr-10641", "citation": "C-154-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Null and void registration in the maritime-terrestrial zone", "title_es": "Inscripción viciada en zona marítimo terrestre y nulidad absoluta del título", "summary_en": "The Attorney General's Office analyzes the legal status of property 47.150-000, which originated from possessory information proceedings initiated in 1980 and includes land within the maritime-terrestrial zone. It concludes that the registration is absolutely null and void because it violates Law 6043, which declared this zone public domain in 1977. The opinion notes that the title was processed years after the repeal of Transitory III of Law 4558, when the legal prohibition on appropriation was already in effect. It determines that the Municipality cannot grant concessions or authorizations over these lands as long as the registration stands, but the registration does not validate the nullity. Additionally, the PGR asserts that it lost jurisdiction to issue binding opinions on review appeals under the new Municipal Code; therefore, resolution of the pending appeal falls exclusively to the Municipal Council.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "28/05/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10641.json", "html_url": "/legal/doc/pgr-10641", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10641&strTipM=T" }, { "id": "pgr-10655", "citation": "C-233-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Absolute Nullity Cannot Be Declared Without Prior Due Process", "title_es": "No procede declarar nulidad absoluta sin debido proceso administrativo previo", "summary_en": "The Attorney General's Office examines the administrative procedure followed by the Superior Council of the Judiciary to annul the recognition of prior service time for retirement purposes. The annulment was based on the alleged absolute nullity of the act for recognizing work in a non-state entity. The PGR finds that the procedure had serious omissions violating due process, including inadequate summons, failure to identify the directing body, failure to resolve all raised exceptions, and a decision on the merits by the instructing body instead of the deciding body. These deficiencies prevent assessing whether the nullity is absolute, evident, and manifest, so a favorable opinion under Article 173 of the General Public Administration Law cannot be issued. The file is returned without a substantive decision.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/08/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10655.json", "html_url": "/legal/doc/pgr-10655", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10655&strTipM=T" }, { "id": "pgr-10665", "citation": "OJ-139-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on the Border Zone Titling Bill", "title_es": "Opinión sobre el proyecto de ley de titulación de la zona fronteriza", "summary_en": "The Attorney General's Office analyzes Bill No. 14.134, which sought to reduce the inalienable 2-kilometer border strip with Nicaragua and Panama by 1950 meters to allow private land titling. It concludes the bill is unconstitutional because it would shrink protected wild areas and indigenous reserves without the technical studies required by Article 38 of the Environmental Law, violating Article 50 of the Constitution and the precautionary principle. It also deems the bill legally unfeasible because individuals cannot demonstrate legitimate possession over public-domain lands, and warns of serious risks to national security, natural resources, and non-compliance with international treaties such as ILO Convention 169.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "27/09/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10665.json", "html_url": "/legal/doc/pgr-10665", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10665&strTipM=T" }, { "id": "pgr-10676", "citation": "C-227-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Ministerial authority to sign expropriation decree for wastewater treatment plant land", "title_es": "Competencia ministerial para firma de decreto de expropiación de terrenos para planta de tratamiento de aguas negras", "summary_en": "The Attorney General's Office assesses an inquiry from the Minister of the Presidency regarding which minister(s) must sign, together with the President, the executive decree declaring public interest for lands needed to build a wastewater treatment plant in Heredia. The opinion reviews the executive’s active capacity to expropriate under the Expropriation Law (No. 7495), the legal nature and powers of the Empresa de Servicios Públicos de Heredia, and the statutory mandates of the Ministry of Health and the Ministry of Environment and Energy. It concludes that since the project aims to protect both public health (a competence of the Ministry of Health) and aquifers and water resources (a competence of the Ministry of Environment and Energy), the executive decree must be signed by the President and both ministers: the Minister of Health and the Minister of Environment and Energy. The conclusion rests on the General Health Law, the Organic Law of MINAE, constitutional case law on the rights to health and a healthy environment, and prior opinions of the Attorney General's Office on MINAE’s lead role in water-resource management.", "primary_topic_id": null, "topic_ids": [], "date": "21/08/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10676.json", "html_url": "/legal/doc/pgr-10676", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10676&strTipM=T" }, { "id": "pgr-10678", "citation": "C-246-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "ESPH tax exemption after transformation into a corporation", "title_es": "Exención tributaria de la ESPH tras su transformación en S.A.", "summary_en": "The PGR responds to a query from the Municipality of Heredia on whether the Heredia Public Services Company (ESPH) retains the blanket tax exemption granted by its incorporating statute (Law 5889) now that it has been transformed into a corporation by Law 7789. The Attorney General's Office concludes that the ESPH remains a public enterprise owned by the municipalities, so its public nature is unaltered by the new corporate form. The exemption in Article 4 of Law 5889 was not repealed because Law 7789 contains no incompatible provision. However, under Articles 63 and 64 of the Tax Code (as amended by the Law Regulating All Exemptions), the exemption extends only to taxes existing on 8 March 1976; for later taxes, a specific exemption is required. Two previous opinions holding the contrary are partially reconsidered.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/09/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10678.json", "html_url": "/legal/doc/pgr-10678", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10678&strTipM=T" }, { "id": "pgr-10679", "citation": "C-255-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to issue favorable opinion due to serious defects in the absolute nullity procedure under Article 173 of the LGAP", "title_es": "Imposibilidad de emitir dictamen favorable por vicios graves en procedimiento de nulidad absoluta del artículo 173 LGAP", "summary_en": "The Attorney General's Office examines the administrative file investigating alleged irregular appointments to the National Wage Council. It finds that the procedure contains serious defects that prevent issuing the favorable opinion required by Article 173 of the General Public Administration Act (LGAP). It notes that the interested parties were not properly informed of the act whose absolute, evident, and manifest nullity was sought, as Article 173 was never cited and the appointment act itself was not identified. Furthermore, the summonses for oral hearings omitted substantial requirements, such as warnings and deadlines, and failed to state the nature and purpose of the proceeding. The Office emphasizes that the ex officio review power under Article 173 is subject to a non-interruptible four-year statute of limitations, starting from the issuance of the defective act. It concludes that, until the procedural defects are corrected and a lawful procedure is conducted, it cannot rule on the nullity, provided the four-year period has not expired. The file is returned without an opinion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/09/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10679.json", "html_url": "/legal/doc/pgr-10679", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10679&strTipM=T" }, { "id": "pgr-10683", "citation": "C-243-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Opinion denied due to procedural defects in nullification of appointment", "title_es": "Rechazo de dictamen por vicios en procedimiento de nulidad de nombramiento", "summary_en": "The Attorney General's Office declines to issue the requested favorable opinion to declare the absolute, evident, and manifest nullity of an appointment of a National Production Council official. Substantial procedural defects are found, such as failure to identify the challenged act, omission of warnings, and defective summons, violating due process and the right of defense. It also reiterates that the four-year period under the General Public Administration Law is a non-interruptible statute of limitations, meaning only the final act declaring nullity within that period prevents its expiration. The Administration must correct the defects before this Office can rule, provided the four-year period has not elapsed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/09/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10683.json", "html_url": "/legal/doc/pgr-10683", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10683&strTipM=T" }, { "id": "pgr-10684", "citation": "C-261-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Directing body in Municipal Council proceedings", "title_es": "Órgano director en procedimientos del Concejo Municipal", "summary_en": "The Attorney General's Office analyzes whether a Municipal Council may appoint a directing body to conduct administrative proceedings whose final decision rests with it. It notes that collegiate bodies, such as municipal councils, have limited delegation powers: under Article 90(e) of the General Public Administration Act, they may only delegate the conduct of proceedings to their secretary. There is no specific rule determining which body should handle the proceeding, but the discretionary decision must be based on efficiency and reasonableness. The PGR concludes that the Municipal Council may delegate the conduct solely to the secretary, a figure regulated in Article 53 of the Municipal Code. With this opinion, it partially reconsiders opinion OJ-047-2000 on its own motion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/09/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10684.json", "html_url": "/legal/doc/pgr-10684", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10684&strTipM=T" }, { "id": "pgr-10708", "citation": "OJ-144-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Charging fees for telecommunications use permits in protected wilderness areas", "title_es": "Cobro de canon por permisos de uso para instalaciones de telecomunicación en áreas silvestres protegidas", "summary_en": "The Attorney General's Office analyzes whether it is mandatory to charge a fee to every person holding a use permit for telecommunications installations in protected wilderness areas, given that some entities claim to be exempt. The opinion clarifies that the fee is not a tax but a public price set by executive decree, so exemptions must be expressly provided. It concludes that the Costa Rican Railway Institute (INCOFER), as an autonomous institution, must pay the fee pursuant to Article 7(c) of Decree 26187, while the Central American Air Navigation Services Corporation (COCESNA), by virtue of its Constituent Agreement (Articles 6 and 22), enjoys the same privileges as official entities and is exempt from payment.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "02/10/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10708.json", "html_url": "/legal/doc/pgr-10708", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10708&strTipM=T" }, { "id": "pgr-10709", "citation": "OJ-138-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Amendment to the Maritime Zone Law is unconstitutional and undermines public domain protection", "title_es": "Reforma a la Ley de Zona Marítimo Terrestre es inconstitucional y desprotege el dominio público", "summary_en": "The Attorney General's Office analyzes the draft law amending Law No. 6043 on the Maritime Terrestrial Zone, published in Supplement No. 62 to La Gaceta No. 167 of August 27, 1999, legislative file No. 13,662. It concludes that the proposal contradicts the public domain regime of the coastal zone and Articles 50 and 121(14) of the Political Constitution. It criticizes the amendment for seeking to legitimize illegal occupations, allow the transfer of occupation rights, delegate ownership of nationally significant assets to municipalities, and eliminate the obligation to reinvest generated funds in the zone itself. The opinion warns that the changes would seriously endanger coastal ecosystem integrity, encourage unplanned development, and disregard constitutional jurisprudence on environmental protection and public domain. Only partial approval is given to a few aspects, such as taxing legitimate concession transfers and improving public access to the public zone.", "primary_topic_id": null, "topic_ids": [], "date": "26/09/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10709.json", "html_url": "/legal/doc/pgr-10709", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10709&strTipM=T" }, { "id": "pgr-10723", "citation": "C-263-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Absolute nullity of liquor license — lack of competence and due process", "title_es": "Nulidad absoluta de patente de licores — falta de competencia y debido proceso", "summary_en": "The Attorney General's Office denies the favorable opinion requested by the Municipality of Moravia to declare the absolute, evident, and manifest nullity of resolution DLDJ-0052-A, which authorized the transfer and commercial operation of a liquor license. The opinion identifies two substantial defects: (1) lack of competence of the body that ordered the initiation of the procedure — under Article 173 of the General Public Administration Law and Opinion C-093-2001, the Municipal Council is the highest-ranking body that must issue the opening act and appoint the directing body; (2) violation of due process due to failure to notify the interested parties of the initial resolution, and an incomplete and disorganized administrative file with unnumbered pages, making it impossible to verify compliance with defense guarantees. The matter is returned without the requested favorable opinion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/10/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10723.json", "html_url": "/legal/doc/pgr-10723", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10723&strTipM=T" }, { "id": "pgr-10745", "citation": "C-295-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal regime of spring protection zones and administrative powers", "title_es": "Régimen jurídico de las áreas de protección de nacientes y competencias administrativas", "summary_en": "The PGR analyzes the legal nature of lands surrounding water sources, clarifying they are public domain within a 200-meter radius on flat terrain and 300 meters on steep terrain. It determines that the Costa Rican Institute of Aqueducts and Sewers (ICAA) is responsible for protecting and regulating these lands when bordering drinking water catchments, empowered to carry out administrative evictions and judicial actions. Municipalities may also protect possession of such lands within their territory. It further specifies that within a 100-meter radius around the source, Article 34 of the Forestry Law prohibits tree cutting except for projects of national convenience, and any use must respect this prohibition and not contaminate the water.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "25/10/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10745.json", "html_url": "/legal/doc/pgr-10745", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10745&strTipM=T" }, { "id": "pgr-10772", "citation": "C-277-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Application of tax exemption and other levies in indigenous reserves", "title_es": "Aplicación de la exención tribal y otros impuestos en reservas indígenas", "summary_en": "The Attorney General's Office analyzes whether indigenous reserve residents are exempt from national and municipal taxes, including real estate tax, selective consumption tax, general sales tax, income tax, and municipal business licenses. It determines that the generic exemption in Article 3, paragraph 2 of the Indigenous Law was tacitly repealed by the Regulatory Law on Exemptions No. 7293. However, properties in indigenous reserves are excluded from the real estate tax under Law No. 7509, provided certain requirements are met. Agricultural and artisanal products are not subject to the selective consumption tax or the general sales tax, given the non-profit and subsistence nature of the indigenous economy. Cooperatives managing businesses inside the reserves are exempt from income tax, but distributed surpluses are taxable. Municipal business licenses only apply if lucrative activities unrelated to the cooperative's social purpose are carried out. Finally, the absolute prohibition of bars and alcoholic beverage sales in indigenous reserves is reiterated, and existing municipal licenses must be canceled.", "primary_topic_id": null, "topic_ids": [], "date": "05/10/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10772.json", "html_url": "/legal/doc/pgr-10772", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10772&strTipM=T" }, { "id": "pgr-10774", "citation": "C-251-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nullity of IDA land grants to an association in forested areas — due process violations", "title_es": "Nulidad de adjudicaciones del IDA a asociación en áreas de bosque — incumplimiento del debido proceso", "summary_en": "The Attorney General's Office reviews the request by the Agrarian Development Institute (IDA) to declare the absolute, evident and manifest nullity of land grants to the Association for Environmental Protection and Promotion of Agro-ecotourism in IDA Settlements (APROAMBIDA). The granted lands, located in Bahía and Playa Hermosa settlements in Puntarenas, were mostly forested and subject to Forestry Law restrictions prohibiting land-use change. However, the PGR finds serious procedural flaws preventing a substantive nullity ruling, including failure to properly summon and notify the beneficiary association, improper joinder of the nullity proceeding with disciplinary proceedings against officials in a single file, and reliance on uncertified photocopies. It concludes that an analysis of absolute, evident and manifest nullity is not appropriate at this time, without prejudice to restarting the procedure in full compliance with due process.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "19/09/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10774.json", "html_url": "/legal/doc/pgr-10774", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10774&strTipM=T" }, { "id": "pgr-10805", "citation": "C-326-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nullity of Professional Classification Requires Identification of Administrative Act and Proper Notice", "title_es": "Nulidad de asignación de grupo profesional requiere individualización del acto y debida intimación", "summary_en": "The Attorney General's Office analyzes a request from the Ministry of Public Education to issue an opinion on the absolute, evident, and manifest nullity of an administrative act granting professional group PT-6 to an employee. The advisory body denies the opinion because the administrative procedure has substantial flaws. The record does not contain the actual administrative act that granted the professional group, nor was the affected party informed of which specific act was being challenged, even though a date was mentioned. The certificate and personnel action provided do not constitute the appointment act. This omission violates due process and the right to defense, failing to meet the notice requirement of Article 249(c) of the General Public Administration Act. The Attorney General's Office returns the file without issuing an opinion, ordering the defects be corrected before proceeding.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10805.json", "html_url": "/legal/doc/pgr-10805", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10805&strTipM=T" }, { "id": "pgr-10807", "citation": "C-327-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal authority to certify land use in the GAM without a local regulatory plan", "title_es": "Competencia municipal para certificar el uso del suelo en el GAM sin plan regulador local", "summary_en": "The Attorney General's Office clarifies that land use certificates are declaratory and regulated administrative acts, which merely certify whether an existing or intended use conforms to the zoning in force, with no discretionary margins. Municipalities within the Greater Metropolitan Area that lack a local regulatory plan must issue such certificates based on the GAM Regional Plan, its zoning regulations, and national urban planning legislation, and are bound to follow the guidelines of INVU's Urban Planning Directorate. Municipal autonomy does not allow authorizing non-permitted uses or deviating from INVU's technical recommendations in this matter.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "28/11/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10807.json", "html_url": "/legal/doc/pgr-10807", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10807&strTipM=T" }, { "id": "pgr-10809", "citation": "C-331-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal tax exemption applies to intermunicipal federation", "title_es": "Exención tributaria municipal aplica a federación intermunicipal", "summary_en": "The Office of the Attorney General analyzes whether the Eastern Regional Municipal Federation (FEDEMUR) enjoys the tax exemption provided in Article 8 of the Municipal Code. FEDEMUR is a public entity of a municipal nature, created by the municipalities of Curridabat and La Unión to manage solid waste and administer the Río Azul Sanitary Landfill. The PGR concludes that the exemption is applicable, since FEDEMUR is a municipal public entity formed by two municipal corporations, with its own assets, personality, and legal capacity, whose exclusive purpose is to provide a service of a municipal nature: the proper management of solid waste and the protection of the environment and public health. Furthermore, the legislative intent in Law 7293 was to preserve exemptions for entities dedicated to waste collection and treatment. Therefore, the federation may benefit from the exemption from taxes, contributions, fees, and duties granted to municipalities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/11/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10809.json", "html_url": "/legal/doc/pgr-10809", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10809&strTipM=T" }, { "id": "pgr-10824", "citation": "C-343-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Director body of disciplinary proceedings at INAMU", "title_es": "Órgano director de procedimiento disciplinario en el INAMU", "summary_en": "The Attorney General's Office clarifies the integration and powers of the director body of disciplinary proceedings at the National Institute for Women (INAMU), in light of Article 131 of its Autonomous Service Regulation. The opinion establishes that the appointment of the director body belongs to the decision-making body (Board of Directors or Executive Presidency, as applicable). If the decision-maker is a collegial body, the instruction must be delegated exclusively to its secretary, pursuant to Article 90(e) of the General Public Administration Act. It warns that the wording of Article 131 is confusing and could be enabling an improper delegation of the director body's integration, violating the prohibition on delegating delegated powers. Moreover, Article 132 muddles the director body's powers with those of the decision-maker by granting the former abilities to dismiss complaints, issue the initial act, and order suspensions, which are inherent to the latter. A review of both articles is recommended to clarify competences. It further notes that, when a director body is collegial, its members must be identified to safeguard due process and the right to challenge.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/12/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10824.json", "html_url": "/legal/doc/pgr-10824", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10824&strTipM=T" }, { "id": "pgr-10829", "citation": "C-341-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Procedural defects in annulment of administrative act prevent issuance of opinion", "title_es": "Existencia de vicios en el procedimiento de nulidad de acto administrativo impide emitir dictamen", "summary_en": "The Attorney General's Office refused to issue an opinion on the absolute, obvious, and manifest nullity of an administrative act that granted a professional group to an employee of the Ministry of Public Education, as requested under Article 173 of the General Public Administration Law. After reviewing the administrative file, the Office determined that the procedure contained substantial defects violating due process and the right of defense. Specifically, the administrative act whose nullity was sought was never individualized or brought to the affected party's attention; the certification and personnel action in the file did not constitute that act. The summons did not meet the requirements of Article 249(c) of the LGAP, rendering it void under Article 254. The file was returned without an opinion, indicating that the active administration must correct the defects before the Office could rule.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/12/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10829.json", "html_url": "/legal/doc/pgr-10829", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10829&strTipM=T" }, { "id": "pgr-10831", "citation": "C-340-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Opinion declined due to defective notice in a lesividad proceeding", "title_es": "Improcedencia de dictamen por vicios en la intimación en procedimiento de lesividad", "summary_en": "The Office of the Attorney General refused to issue the requested opinion in an administrative procedure seeking to declare the absolute nullity of an act that assigned a public employee to the MT-2 professional group. The request was denied because the procedure contained substantial defects: the specific administrative act whose nullity was sought was never identified or brought to the employee’s attention. The certification and personnel action in the file did not constitute the act that assigned the group, and they lacked proper signatures and stamps. This omission violated due process and the right to defense, as the summons did not comply with Article 249(c) of the General Public Administration Law. The OAG returned the file for the Administration to correct the defects before any favorable opinion could be issued.", "primary_topic_id": null, "topic_ids": [ "_off-topic", "procedural-environmental" ], "date": "10/12/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10831.json", "html_url": "/legal/doc/pgr-10831", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10831&strTipM=T" }, { "id": "pgr-10865", "citation": "OJ-179-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Analysis of the Agricultural and Agroindustrial Competitiveness Bill", "title_es": "Análisis del Proyecto de Ley de Competitividad Agropecuaria y Agroindustrial", "summary_en": "The Office of the Attorney General issued a non-binding technical-legal opinion on Bill No. 14.424, which sought to reintroduce tax incentives repealed by the Tax Simplification and Efficiency Law No. 8114 for the agricultural and agroindustrial sectors. The analysis identifies several issues: the verbatim reproduction of repealed articles, confusing references to non-existent norms, contradictions in authorized deductions, and transitional provisions that undermine the state's inalienable taxing power. The opinion stresses the need for precision regarding deductible investments and the prohibition of exemptions for future taxes, in accordance with Article 63 of the Code of Tax Norms and Procedures. It does not directly address substantive environmental matters, although the bill includes deductions for investments in environmental impact control.", "primary_topic_id": "_off-topic", "topic_ids": [ "forestry-law-7575", "_off-topic" ], "date": "27/11/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10865.json", "html_url": "/legal/doc/pgr-10865", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10865&strTipM=T" }, { "id": "pgr-10870", "citation": "C-016-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Protected zones and permitted activities under the Forestry and Environmental Laws", "title_es": "Alcance de las zonas protectoras y actividades permitidas", "summary_en": "This opinion interprets the concept of a protected zone as a category of wild protected area within the State's natural heritage, primarily aimed at soil and water resource protection. The Procuraduría states that, as part of the State's natural heritage, protected zones are subject to a public domain regime—inalienable, unattachable, and imprescriptible—and are bound by the forest cutting and exploitation prohibitions under Articles 1 and 18 of the Forestry Law No. 7575, which only allow research, training, and ecotourism. It distinguishes protected zones from the protection areas under Article 33 of the Forestry Law, which are limitations on private property. If protection areas lie within a protected zone, they are subsumed under the State natural heritage regime, inheriting the same forest prohibition. The opinion also notes the possibility of concessions for non-essential services within protected areas, without access to biodiversity elements.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "15/01/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-10870.json", "html_url": "/legal/doc/pgr-10870", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10870&strTipM=T" }, { "id": "pgr-10905", "citation": "C-007-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Reconsideration denied on annulment of IDA land transfers to APROAMBIDA", "title_es": "Reconsideración rechazada sobre nulidad de adjudicación del IDA a APROAMBIDA", "summary_en": "The Office of the Attorney General rejects the request for reconsideration of Opinion C-251-2001, upholding its finding that the administrative procedure carried out by the Agrarian Development Institute (IDA) to annul land transfers to the IDA Environmental Protection Association (APROAMBIDA) suffers from serious procedural defects that violate due process. The opinion analyzes the nature of the procedure under Article 173 of the General Public Administration Act, which allows the Administration to annul acts conferring subjective rights when they are absolutely, evidently, and manifestly null, emphasizing the duty to respect constitutional guarantees. It details the omissions found: lack of reliable proof of APROAMBIDA’s legal representation, failure to comply with the requirements for summons and charges under Articles 249 and 308 ff. of the LGAP, joint processing of an annulment proceeding with a disciplinary proceeding against officials, and defects in notification. The PGR reiterates that informality cannot cure absolute nullities and that the directing body should have included all necessary evidence in the record so that both the Attorney General’s Office and the deciding body could properly resolve the matter. The original opinion is confirmed in its entirety.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "08/01/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-10905.json", "html_url": "/legal/doc/pgr-10905", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10905&strTipM=T" }, { "id": "pgr-10915", "citation": "C-353-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal advisor opinion when they served on the directing body in an appeal", "title_es": "Opinión legal del asesor que integró el órgano director en apelación", "summary_en": "The Attorney General's Office, in response to a query from CONICIT, determines that the Legal Advisor of a public institution must not render a legal opinion in cases where an appeal has been filed against the final resolution of an administrative procedure in which the advisor participated as a member of the directing body. The rationale is that, having been directly involved in the procedural instruction under review, the advisor's impartiality is compromised. Abstention—or, where applicable, recusal—serves as a mechanism to ensure objectivity in administrative action, preventing the official from influencing or being part of the decision of the higher body reviewing the proceedings. The opinion is grounded in Article 230 et seq. of the General Public Administration Law, Article 31 of the Organic Law of the Judiciary, Articles 49 and 53 of the Civil Procedure Code, and the case law of the Constitutional Chamber and the Attorney General itself, which consistently hold that impartiality is a cornerstone of administrative due process.", "primary_topic_id": null, "topic_ids": [], "date": "20/12/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10915.json", "html_url": "/legal/doc/pgr-10915", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10915&strTipM=T" }, { "id": "pgr-10927", "citation": "C-329-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Traffic Police vehicles subject to the Traffic Law", "title_es": "Vehículos de la Policía de Tránsito sujetos a la Ley de Tránsito", "summary_en": "The Attorney General's Office analyzes whether vehicles of the Traffic Police Directorate can be exempted from displaying official plates and markings. It concludes that, as police vehicles, they fall under Article 227 of the Traffic Law as vehicles of the Public Force and security services. However, there is no special regulation issued for them. Therefore, the general provisions on official vehicles apply: they must carry special identifying plates per Article 222, and bear the institution's name or logo per Article 223. They cannot be exempted from these requirements, not even by the Minister or the Traffic Police Director, as that would violate the principle of legality. The only exception is for discretionary-use vehicles, expressly authorized by law. The opinion rejects the consulting legal advisor's more flexible interpretation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/11/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10927.json", "html_url": "/legal/doc/pgr-10927", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10927&strTipM=T" }, { "id": "pgr-10941", "citation": "C-004-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Repeal of tax exemptions in Law 8114 and impact on tourism incentives under Law 6990", "title_es": "Derogación de exenciones fiscales en la Ley 8114 y su impacto en incentivos turísticos de la Ley 6990", "summary_en": "The opinion addresses three aspects: 1) the erroneous cross-reference in Article 22(c) of Law 8114 to already repealed clauses of Article 7 of Law 6990, concluding that the legislature intended to eliminate exemptions affecting income tax, but the defective drafting requires authentic legislative interpretation; in the interim, benefits such as municipal patents and fuel supply should not be presumed repealed. 2) The amendment in Article 18 of Law 8114 limits the sales tax exemption to the initial investment required to execute the hotel project; subsequent phases that do not constitute additions or expansions may be considered part of that initial investment. 3) The Constitutional Chamber’s rulings (votes 772-2000 and 774-2000) override previous Attorney General opinions by holding that tourism contracts do not create vested rights or consolidated legal situations regarding fiscal incentives, which may be validly altered by later laws.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/01/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-10941.json", "html_url": "/legal/doc/pgr-10941", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10941&strTipM=T" }, { "id": "pgr-10952", "citation": "C-038-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Term of contracts for environmental services payments under the Forestry Law", "title_es": "Plazo de contratos por pago de servicios ambientales según Ley Forestal", "summary_en": "The Attorney General's Office (PGR) resolves the dispute between FONAFIFO and the Public Registry regarding the duration and registration annotation of environmental services payment (PSA) contracts. It concludes that the minimum 20-year term under Articles 22 and 24 of the Forestry Law applies only to the Forest Conservation Certificate (CCB). For other PSA modalities under Articles 46 and 69, the terms are set by executive decrees: 5 years for forest protection, 10 years for forest management, and for reforestation, the harvest period up to a maximum of 15 years. The PGR holds that the Executive Branch has the authority to set these terms by regulation, and that registration annotation is mandatory for all PSA contracts as an incentive administered by FONAFIFO.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "11/02/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-10952.json", "html_url": "/legal/doc/pgr-10952", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10952&strTipM=T" }, { "id": "pgr-10974", "citation": "C-355-2001", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Tax exemption for forest-regime properties under Property Tax Law and Forestry Law", "title_es": "No sujeción tributaria de inmuebles bajo régimen forestal y exenciones de la Ley Forestal", "summary_en": "This opinion interprets the scope of the non-subjection to property tax under Article 4(c) of Law 7509 for properties constituting watersheds or declared forest reserve, indigenous reserve, biological reserve, or national park. Under the Regulation, this non-subjection applies only to the land. The incentives granted by Forestry Law 7575 in Articles 22, 23, 24, and 29 refer exclusively to fixed constructions or installations located on such land, not to the land itself. To enjoy those incentives, owners must submit to conservation or reforestation plans and comply with the requirements of the Forestry Law and its Regulation, under the supervision of the State Forest Administration.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "20/12/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-10974.json", "html_url": "/legal/doc/pgr-10974", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10974&strTipM=T" }, { "id": "pgr-10984", "citation": "C-066-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legality of Executive Decree 27967 on construction plan approval", "title_es": "Legalidad del Decreto Ejecutivo 27967 sobre visado de planos de construcción", "summary_en": "INVU consulted the Attorney General's Office on the legality of Executive Decree 27967-MP-MIVAH-S-MEIC, which simplifies construction plan approvals. The consultation stemmed from INVU's Board concern that the decree conflicted with higher-ranking laws (e.g., INVU Organic Law, Urban Planning Law) by removing control over certain constructions in areas without a regulatory plan. The Attorney General analyzed the decree and found no illegality: the decree respects INVU's legal powers to approve urbanization and subdivision plans; INVU's subsidiary role in creating regulatory plans is distinct from plan approval. The positive silence provision complies with the General Public Administration Law. There is no violation of the Environmental Organic Law, as its provisions are expressly excepted. The decree does not eliminate INVU's regulatory powers—those are subsidiary. In sum, the decree is legal in content and scope.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "04/03/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-10984.json", "html_url": "/legal/doc/pgr-10984", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10984&strTipM=T" }, { "id": "pgr-10995", "citation": "C-064-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Conflict of jurisdiction over municipal internal audit functions", "title_es": "Conflicto de competencias sobre funciones de auditoría interna municipal", "summary_en": "The Office of the Attorney General declines jurisdiction to issue an opinion on the apparent conflict between Article 4 of the Municipal Code and the position of the Comptroller General regarding the prior control functions of the municipal internal audit office. The inquiry was raised by the Municipality of Heredia, seeking criteria on whether the internal audit office may exercise prior, concurrent, and subsequent control over all municipal operations, as stated in its Job Description Manual. The PGR concludes that it cannot and should not exercise its advisory function because public finance oversight is the exclusive and prevailing jurisdiction of the Comptroller General, and because that body has already issued pronouncements on the functions of internal auditors. It reiterates that the Comptroller's criteria are binding on all legal operators, including the Attorney General's Office itself. The opinion merely provides guidance to the inquirer by citing a Constitutional Chamber ruling on the mandatory participation of the Comptroller in disciplinary proceedings against municipal auditors.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/03/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-10995.json", "html_url": "/legal/doc/pgr-10995", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10995&strTipM=T" }, { "id": "pgr-10997", "citation": "OJ-017-2002", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Counting time worked at OIRSA for a public pension", "title_es": "Cómputo del tiempo laborado en OIRSA para pensión de Hacienda", "summary_en": "The Ministry of Agriculture and Livestock inquired whether the years served by Costa Rican officials at the International Regional Organization for Agricultural Health (OIRSA) count toward a public pension. The Attorney General's Office issues a non-binding opinion, noting that the National Pensions Directorate must decide individual cases. It concludes that OIRSA's permanent staff are not public servants: OIRSA has its own legal personality, its employees are paid from its budget, and under its Constitutive Agreement (Law No. 7231) they are international officials answerable only to the organization. Supreme Court precedent requires that only public-sector service counts for public pensions. Absent an express legal provision, OIRSA service time is not creditable.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/03/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-10997.json", "html_url": "/legal/doc/pgr-10997", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=10997&strTipM=T" }, { "id": "pgr-11068", "citation": "C-082-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Annulment of Land Award to CECADERUS for Procedural Defects", "title_es": "Nulidad de adjudicación de tierras a CECADERUS por vicios procedimentales", "summary_en": "The Attorney General's Office analyzes the request from the Agrarian Development Institute (IDA) regarding the absolute, evident, and manifest nullity of the award of 19 hectares of the Héctor Morera Settlement to the CECADERUS Association. The Comptroller General had identified serious irregularities: the award violated the Forestry Law (Arts. 13, 14, 15, 19) by transferring forested and forestry-suitable lands, failed to follow beneficiary selection procedures, and ignored technical and legal criteria. However, the PGR does not address the merits because the administrative procedure initiated by the IDA to declare nullity is riddled with essential defects that violate due process. These include failure to establish CECADERUS's legal standing, defective notifications, and denial of the right to defense. The Attorney General concludes that due to the procedure's invalidity, it cannot issue an opinion on the nullity of the original act and returns the file, warning that the expiration period is near and that judicial nullity proceedings via 'lesividad' remain available.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "procedural-environmental", "property-and-titling" ], "date": "01/04/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11068.json", "html_url": "/legal/doc/pgr-11068", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11068&strTipM=T" }, { "id": "pgr-11109", "citation": "C-102-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Denial of favorable opinion for absolute nullity of award in forest reserve", "title_es": "Rechazo de dictamen favorable para nulidad absoluta de adjudicación en reserva forestal", "summary_en": "The Attorney General's Office returns a file to the Agrarian Development Institute (IDA) without issuing a favorable opinion for the declaration of absolute, evident, and manifest nullity of an award agreement for a parcel in the Osa Forest Settlement, within the Golfo Dulce Forest Reserve. It analyzes whether the administrative route under Article 173 of the General Public Administration Law is appropriate to annul an act granting rights to an individual over 12 hectares in a reserve area. The PGR concludes that the procedure conducted by IDA has substantial flaws: the object was not clearly defined (oscillating between annulling the agreement, the antecedents, or the transfer deed), the evidentiary instruction was insufficient to determine alleged nullities (missing registry certifications, technical opinion on State Forest Heritage status, and full accreditation of the beneficiary's selection), and no absolute nullity was substantiated. It warns that the area discrepancy (12 vs. 126 hectares) lies in the deed, not the agreement; harm to Forest Heritage must be technically determined; and possible irregularities do not meet the standard of absolute evident nullity. No favorable opinion is issued; the case is returned to IDA, noting judicial recourse remains possible.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "18/04/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11109.json", "html_url": "/legal/doc/pgr-11109", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11109&strTipM=T" }, { "id": "pgr-11121", "citation": "C-266-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of the forestry tax on roundwood and imported wood", "title_es": "Alcances del impuesto forestal sobre madera en troza e importada", "summary_en": "The Attorney General's Office interprets Article 42 of Forestry Law No. 7575 in conjunction with Article 53 of the same law and Executive Decree No. 28220-MINAE-H. It concludes that the 3% general forestry tax applies not only to the primary industrialization of roundwood but also to the importation of roundwood, squared, or sawn wood. For primary industrialization, the tax base is the transfer value of roundwood as determined by the State Forestry Administration. For importation, the tax is paid at customs on the CIF value, respecting the maximum limit of 8% for import taxes on these types of wood. The opinion clarifies who the taxpayers are: owners of primary industrialization centers and those who import wood.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "30/10/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-11121.json", "html_url": "/legal/doc/pgr-11121", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11121&strTipM=T" }, { "id": "pgr-11126", "citation": "OJ-064-2002", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal regime of spring protection areas and public ownership of water", "title_es": "Régimen jurídico de las áreas de protección de nacientes y el dominio público de las aguas", "summary_en": "The Attorney General's Office analyzes a legislative inquiry on the legal regime of waters, particularly the protection areas of springs that supply communities. It distinguishes two regimes: the public domain regime applicable to drinking water supply sources under Articles 31 of the Water Law, 7.c of the Land and Settlement Law, and 2 of the General Potable Water Law, which establish an inalienable 200- or 300-meter strip; and the protection areas regime under Article 33 of the Forestry Law, which imposes social interest limitations on private property within a 100-meter radius without requiring compensation. It defines the competencies of the Water and Sewerage Institute (AyA) to determine drinking water sources and the Ministry of Environment (MINAE) for water use concessions, and clarifies that Article 50 of the Environmental Law reaffirms public ownership of water. Finally, it sets out the obligations and penalties for source contamination, and the responsibilities of the Ministry of Agriculture (MAG) and the Coffee Institute (ICAFE) in water resource protection.", "primary_topic_id": "water-law", "topic_ids": [ "soil-conservation-7779", "water-law" ], "date": "30/04/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11126.json", "html_url": "/legal/doc/pgr-11126", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11126&strTipM=T" }, { "id": "pgr-11164", "citation": "C-125-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "MINAE's authority to set minimum volumes for wholesale hydrocarbon sales", "title_es": "Competencia del MINAE para fijar volúmenes de venta al mayoreo de hidrocarburos", "summary_en": "Opinion C-125-2002 addresses the request from the Ministry of Environment and Energy (MINAE) to determine whether MINAE or the Ministry of Economy, Industry and Commerce (MEIC) has the authority to set minimum volumes of hydrocarbon sales that define wholesale trade. The opinion concludes that MINAE, as the lead agency for energy and mining sectors under Laws 7152 and 7399, holds the authority to establish all hydrocarbon policies, including wholesale sale thresholds. The opinion rejects that MEIC's powers over prices, supply, and metrology encompass this definition. It clarifies that price and supply policies are governed by free competition, with exceptional regulation by MEIC and ARESEP, while metrology is now under LACOMET. The opinion reaffirms that the authority to set wholesale volume thresholds rests with the Executive Branch through MINAE.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/05/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11164.json", "html_url": "/legal/doc/pgr-11164", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11164&strTipM=T" }, { "id": "pgr-11180", "citation": "OJ-092-2002", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Comments on the Water Resource Bill", "title_es": "Comentarios al proyecto de Ley del Recurso Hídrico", "summary_en": "The Attorney General's Office analyzes the Water Resource Bill (Legislative File 14.585) and compares it with two other legislative proposals. Observations are made on administrative organization, financing, concessions regime, wetland protection, and sanctions. It determines that creating deconcentrated bodies with instrumental legal personality (such as the National Water Resource Directorate) may be unconstitutional if they are granted powers that fragment the Executive Branch's functions. It recommends maintaining the public domain character of water resources, consolidating the proposals into a single substitute text, and adjusting concession-granting powers to the Executive Branch.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "13/06/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11180.json", "html_url": "/legal/doc/pgr-11180", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11180&strTipM=T" }, { "id": "pgr-11189", "citation": "C-152-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Budgetary personification nature of the National Printing Office Administrative Board", "title_es": "Naturaleza de personificación presupuestaria de la Junta Administrativa de la Imprenta Nacional", "summary_en": "The inquiry concerns whether the Administrative Board of the National Printing Office may continue operating under an instrumental legal personality for budget approval purposes. The Attorney General's Office analyzes the concept of instrumental legal personality as a budgetary personification, which allows a deconcentrated organ to manage its own resources independently of the State Budget, without amounting to full administrative decentralization. Reviewing Law No. 5394 that created the Board, it is found that its provisions grant a special fund, autonomy to set rates, administer its own income, and make investments — elements that constitute an instrumental legal personality. The opinion concludes that the Administrative Board of the National Printing Office exhibits the characteristics of a budgetary personification and may thus be regarded as an instrumental legal entity for purposes of Articles 5, 6, 7, and 8 of that law, while recommending a statutory amendment to expressly clarify this status.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/06/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11189.json", "html_url": "/legal/doc/pgr-11189", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11189&strTipM=T" }, { "id": "pgr-11190", "citation": "C-151-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of Consultation on ADI Competence to Supervise Hogares Comunitarios", "title_es": "Improcedencia de consulta sobre competencia de ADI para supervisar Hogares Comunitarios", "summary_en": "The Attorney General's Office declares inadmissible the consultation made by the IMAS Legal Department on whether an Integral Development Association (ADI) can supervise community homes beyond the territorial scope established in its bylaws. Inadmissibility rests on two grounds: first, the consultation was submitted by the legal department rather than the IMAS hierarchical head (its Board of Directors), contravening Article 4 of the Organic Law of the PGR; second, the consultation concerned a specific case (the ADI Lotes Peralta situation), violating Article 5 of that law and the advisory nature of the Attorney General's Office, which only issues opinions on generic legal questions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/06/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11190.json", "html_url": "/legal/doc/pgr-11190", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11190&strTipM=T" }, { "id": "pgr-11232", "citation": "OJ-089-2002", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Validation of cadastral maps in the Alberto Manuel Brenes Biological Reserve", "title_es": "Visado de planos catastrados en la Reserva Biológica Alberto Manuel Brenes", "summary_en": "The Attorney General's Office (PGR) analyzes the Ministry of Environment and Energy's (MINAE) request to annul two cadastral maps within the Alberto Manuel Brenes Biological Reserve. The maps were validated by SINAC officials with irregularities: incompetence of the recommending official, failure to verify possession prior to the protected area's creation, and disregard of legal instructions. The PGR clarifies that map validation in state-owned wild protected areas is an authorizing and certifying administrative act, governed by Article 47 of the National Cadastre Law Regulation and Article 7 of the Possessory Information Law. It concludes that the alleged defects are neither evident nor manifest, so the appropriate remedy is a \"lesividad\" (harmfulness) process. MINAE must declare the validations and cadastral registrations harmful to public interests and file a lawsuit before the contentious-administrative courts within four years from the date the validations were issued. The PGR reiterates that a cadastral map alone does not prove possession, that forests forming the State's Natural Heritage are public domain, and that the individual must prove ownership in these areas.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "procedural-environmental", "property-and-titling" ], "date": "11/06/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11232.json", "html_url": "/legal/doc/pgr-11232", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11232&strTipM=T" }, { "id": "pgr-11263", "citation": "C-188-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Admissibility requirements for consultations to the Attorney General's Office", "title_es": "Requisitos de admisibilidad de consultas a la Procuraduría", "summary_en": "Opinion C-188-2002, issued by the Attorney General's Office at the request of the Municipality of Mora, addresses two consultations: first, regarding mechanical workshops operating in areas deemed unsuitable by the Regulatory Plan and claiming vested rights; second, regarding a report from the Comptroller General about the internal audit's functioning and whether following its instructions affects municipal autonomy. In both cases, the Attorney General declares itself unable to issue an opinion due to inadmissibility: the first lacks approval from the Municipal Council (the hierarchy) and legal counsel's opinion; the second includes a legal opinion that does not constitute a substantive legal analysis. Additionally, the Attorney General reiterates the Comptroller's prevailing competence over internal audits and the duty of coordination, suggesting this be considered when formulating future consultations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/07/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11263.json", "html_url": "/legal/doc/pgr-11263", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11263&strTipM=T" }, { "id": "pgr-11264", "citation": "C-191-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Definition of Occupants and Settlers and Prohibition on Selling Occupancy Rights in the Maritime Terrestrial Zone", "title_es": "Concepto de ocupantes y pobladores y prohibición de venta de derechos de ocupación en la zona marítimo terrestre", "summary_en": "Legal opinion C-191-2002 from the Attorney General's Office clarifies the meaning of the terms 'occupants' and 'settlers' under the Maritime Terrestrial Zone Law (Law 6043). It defines 'occupants' as persons located in the maritime terrestrial zone who did not have a lease contract when the law was enacted, and 'settlers' as Costa Rican-born citizens with more than ten years of continuous residence in that zone who own no other property. The opinion concludes that the status of occupant is not transferable, and therefore the sale of so-called 'occupancy rights' is a prohibited and absolutely null act. This interpretation is based on the public domain and imprescriptible nature of the maritime terrestrial zone, and on the exceptional and personal character of the occupants' and settlers' regime, which cannot be commercialized or transferred to third parties.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "01/08/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11264.json", "html_url": "/legal/doc/pgr-11264", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11264&strTipM=T" }, { "id": "pgr-11284", "citation": "OJ-106-2002", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Mandatory payment of construction tax for private individuals", "title_es": "Obligatoriedad del pago del impuesto sobre construcciones para particulares", "summary_en": "The Attorney General's Office examines whether a private individual must pay the municipal construction tax. The consultation is deemed too fact-specific for a binding opinion, but guiding considerations are provided. It concludes that under the Construction Law and Urban Planning Law, a municipal construction license is mandatory for any construction work, and the granting of the license is tied to payment of the corresponding fee. Furthermore, Article 70 of the Urban Planning Law authorizes municipalities to levy a 1% tax on the value of constructions. The only exception to the obligation to obtain a license and pay the tax is the State and its institutions, provided the works are of social interest. Therefore, any individual or legal entity other than the State or its institutions must obtain the license and pay the tax.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/07/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11284.json", "html_url": "/legal/doc/pgr-11284", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11284&strTipM=T" }, { "id": "pgr-11295", "citation": "C-180-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Procedure to declare absolute, evident and manifest nullity of a construction permit granted by a municipality", "title_es": "Trámite para declarar nulidad absoluta, evidente y manifiesta de un permiso de construcción otorgado por una municipalidad", "summary_en": "The Attorney General's Office (PGR) responds to a query from the mayor of Aguirre, who requested a prior opinion to declare the absolute, evident, and manifest nullity of a municipal construction permit. The PGR refuses to issue the requested opinion because the municipality has not first conducted the ordinary administrative procedure required by Articles 308 et seq. of the General Public Administration Law (LGAP). It states that a declaration of absolute, evident, and manifest nullity only proceeds after this procedure has been completed, with full respect for due process and the right to defense of those involved. It indicates that, for municipalities, the Municipal Council is the competent body to declare nullity, appoint the Procedure Directing Body, and forward the file to the PGR. The Attorney General concludes that without the processed file, it cannot issue the opinion under Article 173 of the LGAP.", "primary_topic_id": null, "topic_ids": [], "date": "11/07/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11295.json", "html_url": "/legal/doc/pgr-11295", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11295&strTipM=T" }, { "id": "pgr-11298", "citation": "C-169-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nullity of disability pension granted under duplicated regime", "title_es": "Nulidad de pensión por invalidez otorgada bajo régimen duplicado", "summary_en": "The Attorney General's Office analyzes the request from the Ministry of Labor to declare the absolute, evident, and manifest nullity of a resolution by the Pension Board granting a disability pension under the Public Works and Transportation Regime (Framework Law) to an individual already receiving a disability pension from the Costa Rican Social Security Fund (CCSS). The administrative procedure is reviewed, confirming due process was followed. The PGR concludes the resolution is null because it contravenes explicit legal provisions prohibiting double pension benefits from different funds, violating the 'pro fondo' principle and the financial sustainability of the regimes. Annulment via administrative channels is deemed appropriate, as the nullity is absolute, evident, and manifest.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/06/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11298.json", "html_url": "/legal/doc/pgr-11298", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11298&strTipM=T" }, { "id": "pgr-11317", "citation": "C-011-1991", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal Opinion on the UK-Costa Rica Debt Agreement No. 3, 1989", "title_es": "Opinión legal sobre el Acuerdo de Deuda Reino Unido-Costa Rica Nº 3, 1989", "summary_en": "The Attorney General's Office issues this legal opinion on the 'UK-Costa Rica Debt Agreement No. 3, 1989,' signed for the consolidation of Costa Rican debt. It analyzes whether the agreement meets the legal requirements to be considered a valid and enforceable obligation. It notes that the Legislative Assembly authorized the restructuring through Law No. 7055, the Consolidation Minute was signed at the Paris Club, and the bilateral agreement was endorsed by the Comptroller General of the Republic. It concludes that the agreement requires no further procedures and constitutes a valid obligation, so both parties can demand compliance as stipulated.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/01/1991", "year": "1991", "json_url": "/data/legal/docs/pgr-11317.json", "html_url": "/legal/doc/pgr-11317", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11317&strTipM=T" }, { "id": "pgr-11410", "citation": "C-210-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Administration of the Iguanita National Wildlife Refuge and granting of concessions in the Papagayo Gulf Tourism Project", "title_es": "Administración del Refugio Nacional de Vida Silvestre Iguanita y otorgamiento de concesiones en el Proyecto Turístico Golfo de Papagayo", "summary_en": "The Attorney General's Office examines whether the administration of the Iguanita National Wildlife Refuge, located within the Papagayo Gulf Tourism Project, belongs to the Costa Rican Tourism Board (ICT) or the Ministry of Environment and Energy (MINAE). It concludes that, although in principle state refuge administration falls to MINAE, the Executive Decree 23217-MIRENEM-TUR creating the refuge is ineffective to modify the legal allocation of the area to tourism development, since the destination was set by laws (6043 and 6758). Due to the lack of prior ICT approval and the inability of a decree to alter a legal allocation, the opinion holds that administration and granting of concessions in that area remains with the ICT, unless the Legislative Assembly changes the public purpose through a law. It emphasizes the ICT's duty to protect natural resources and recommends the Executive Branch promote the creation of the refuge by law.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "21/08/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11410.json", "html_url": "/legal/doc/pgr-11410", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11410&strTipM=T" }, { "id": "pgr-11413", "citation": "C-205-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Impropriety of absolute nullity due to due process defects and lack of normative clarity", "title_es": "Improcedencia de nulidad absoluta por vicios de debido proceso y falta de claridad normativa", "summary_en": "The Attorney General's Office determined that it is not appropriate to issue a favorable opinion for the declaration of absolute, evident, and manifest nullity of the administrative act that granted Professional Group KT-3 to a teaching employee. The administrative procedure conducted by the Ministry of Public Education incurred substantial due process violations: it did not properly inform the employee of the facts and accusations, failed to notify the initiation resolutions, disregarded the 15-business-day period for the hearing, violated her right to defense, and prejudged the nullity from the opening resolution. Furthermore, the Attorney General found that the alleged nullity was not absolute, evident, or manifest, because the Ministry's interpretation of the Teaching Career Law regarding the professional group classification based on the employee's academic degrees raised well-founded doubts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/08/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11413.json", "html_url": "/legal/doc/pgr-11413", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11413&strTipM=T" }, { "id": "pgr-11435", "citation": "OJ-129-2002", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "IDA land transfers in protected wild areas and forested lands: legality analysis", "title_es": "Transmisión de terrenos del IDA en áreas silvestres protegidas y con cobertura boscosa: análisis de legalidad", "summary_en": "The Attorney General's Office analyzes the legality of two actions by the Agrarian Development Institute (IDA): the adjudication of a parcel within the Golfo Dulce Forest Reserve to Manuel Alpízar Vega and the purchase of forest-covered farms from Rafael Artavia Villalobos. It concludes that the adjudicated parcel was part of the State's natural heritage, making it inalienable and imprescriptible, so the IDA was legally barred from transferring it and its annulment is proper. Regarding the farm purchases, it identifies serious inconsistencies in soil studies and an excess of forest cover that contravenes institutional policies and the Forestry Law. It recommends the IDA request MINAE classification before any disposal of rural lands, revise methodology for land-use capacity studies, and improve internal control over case files and board agreements.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "12/09/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11435.json", "html_url": "/legal/doc/pgr-11435", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11435&strTipM=T" }, { "id": "pgr-11468", "citation": "C-277-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Declining to opine on forming a corporation in a public works concession", "title_es": "Abstención de dictaminar sobre constitución de sociedad en concesión de obra pública", "summary_en": "The Attorney General's Office declines to issue a legal opinion on the feasibility of forming a corporation in a public works concession process under Article 31 of the General Law on Concession of Public Works with Public Service (No. 7762). The National Concessions Council requested an assessment of an internal legal opinion regarding the possibility of modifying an existing corporation instead of forming a new one, and the refusal of some awardees to sign the corporate charter. The Attorney General's Office refrains for three reasons: (1) it is not its role to evaluate the correctness of internal legal advisory opinions; (2) the consultation concerns a specific case (a road concession), and (3) the Office of the Comptroller General has already ruled on the endorsement of the relevant contract, denying it due to issues in forming the corporation. Issuing an opinion now could interfere with the Comptroller’s future decision if the contract is resubmitted for endorsement, potentially creating an institutional conflict.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/10/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11468.json", "html_url": "/legal/doc/pgr-11468", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11468&strTipM=T" }, { "id": "pgr-11472", "citation": "OJ-138-2002", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Municipal mayors not entitled to vacation under the Municipal Code", "title_es": "Improcedencia de vacaciones para alcaldes municipales bajo el Código Municipal", "summary_en": "The Attorney General's Office analyzes whether popularly elected municipal mayors are entitled to vacations under Article 146(e) of the Municipal Code. It concludes they are not, because their relationship with the municipality is not an employment or statutory one, but one of direction, trust, and collaboration. Being excluded from the Labor Code regime by Article 586 and lacking a special law granting that benefit, they cannot enjoy the vacations provided for ordinary employees. The opinion notes that, notwithstanding the above, in practice they may have a form of rest compatible with their duties, but not as an enforceable labor right.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/10/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11472.json", "html_url": "/legal/doc/pgr-11472", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11472&strTipM=T" }, { "id": "pgr-11483", "citation": "C-234-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Property tax exemption in forest reserves and protected areas", "title_es": "Exención del impuesto a bienes inmuebles en reservas forestales y áreas protegidas", "summary_en": "This opinion addresses whether the property tax exemption under Article 4(b) of Law 7509 applies only to land or also to buildings within forest reserves or protected areas, and whether the exemption releases owners from formal duties like filing a sworn declaration. The PGR concludes that the non-subjection in Article 4(b) refers only to land, as per the Regulation. Buildings are not covered by this non-subjection, but may benefit from exemptions as a forestry incentive under Forestry Law 7575, subject to meeting requirements. The obligation to file does not exist for the non-subject land, but does remain for exempt buildings.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "11/09/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11483.json", "html_url": "/legal/doc/pgr-11483", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11483&strTipM=T" }, { "id": "pgr-11508", "citation": "C-287-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "MINAE's administrative self-help to evict occupants in protected areas", "title_es": "Autotutela administrativa del MINAE para desalojar ocupantes en áreas protegidas", "summary_en": "The Attorney General's Office addresses whether the Ministry of Environment and Energy (MINAE) can directly evict people illegally occupying state-owned protected wildlands, such as Manuel Antonio National Park, without a judicial proceeding, and whether the Ministry of Public Security must assist. The opinion concludes that MINAE holds the power of administrative self-help (autotutela administrativa) under articles 32, 34 and 43 of the Organic Environmental Law, as well as doctrine and constitutional case law, because these are public domain assets. This means MINAE can immediately recover possession without going to court. The Ministry of Public Security is obligated to provide assistance within its legal mandate to preserve order and security. It clarifies that no prior administrative eviction procedure is required. However, MINAE must verify that occupants absolutely lack any occupancy rights, otherwise they must be compensated according to law.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575", "environmental-law-7554" ], "date": "22/10/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11508.json", "html_url": "/legal/doc/pgr-11508", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11508&strTipM=T" }, { "id": "pgr-11509", "citation": "C-292-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "FONAFIFO's obligation to obey MINAE orders", "title_es": "Obligatoriedad de acatar órdenes del MINAE por parte de FONAFIFO", "summary_en": "The Attorney General's Office addresses two main issues: FONAFIFO's standing to appear in court in enforcement proceedings, and the Fund's subjection to orders, directives, or resolutions issued by the Ministry of Environment and Energy. It concludes that FONAFIFO, as an instrumental legal entity, may appear in court regarding acts directly related to its own financial management, though the final decision lies with the courts. Regarding the hierarchical relationship, it clarifies that MINAE may not issue binding orders on FONAFIFO's exclusive powers on credit or financing matters, nor use administrative resolutions to impose obligations. FONAFIFO's management is autonomous in those areas, except when executing regulations and general provisions issued by the Executive Branch, such as forest conservation certificates and environmental services payments.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "30/10/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11509.json", "html_url": "/legal/doc/pgr-11509", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11509&strTipM=T" }, { "id": "pgr-11532", "citation": "C-310-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Tax incentives do not cover urbanization or infrastructure of the Papagayo Project", "title_es": "Incentivos fiscales no cubren urbanización ni infraestructura del Proyecto Papagayo", "summary_en": "The Attorney General's Office clarifies that tax incentives under Law 6990 (Tourism Development Incentives Law) are granted only for specific tourism projects defined in the 'tourism contract,' not for general activities. Expansions or additions to these contracts covering works not originally contemplated do not enjoy the initially granted benefits. In particular, urbanization and infrastructure construction for the Papagayo Gulf Tourism Project—such as golf courses, residential units, and a central village—do not qualify as 'tourism activity' under Article 3 of Law 6990. These works are the responsibility of the Costa Rican Tourism Board (ICT) under Law 6758, and thus cannot benefit from tax incentives aimed at hotel or other tourism activities. Furthermore, the sales tax exemption for hotels is limited to the initial investment for constructing facilities where the service is actually provided, excluding urbanization. Any extension of benefits to unplanned works would require a new granting act, not a mere addition to the existing contract.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/11/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11532.json", "html_url": "/legal/doc/pgr-11532", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11532&strTipM=T" }, { "id": "pgr-11535", "citation": "C-299-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Consultation on declaring a municipal license contrary to public interest", "title_es": "Consulta sobre declaratoria de lesividad de patente municipal", "summary_en": "The Municipality of Liberia requested a technical-legal opinion from the Office of the Attorney General on the possibility of declaring the granting of a license to a bar contrary to the public interest, based on complaints from neighbors about activities allegedly against morality and good customs. The Attorney General's Office refused to process the consultation, identifying three failures to meet the admissibility requirements under its Organic Law (Law No. 6815): the consultation was submitted by the municipality's legal representative rather than the proper administrative head (the Municipal Council); the legal opinion of the municipality's advisory body was not attached; and the inquiry concerned a specific case rather than generic legal questions, which would invade the active administration's powers. Administrative case law on the inadmissibility of consultations on specific situations and the necessity of the legal advisor's opinion is reiterated.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/11/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11535.json", "html_url": "/legal/doc/pgr-11535", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11535&strTipM=T" }, { "id": "pgr-11536", "citation": "C-306-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Liquor license adjacent to a school — application of Article 81 of the Municipal Code", "title_es": "Patente de venta de licores contigua a una escuela — aplicación del artículo 81 del Código Municipal", "summary_en": "The Municipality of Bagaces asked the Attorney General's Office whether to grant a liquor license to the Centro Turístico Termo Manía adjacent to the Escuela República de Surinam. The PGR found the inquiry inadmissible because it concerned a concrete case, contrary to its advisory role. Nonetheless, it provided guidance on Article 81 of the Municipal Code: granting business licenses is a regulated power, deniable only if the activity is contrary to law, morals, or good customs, if the establishment fails to meet legal requirements, or if the location is not permitted. The municipality must assess time and place circumstances and properly justify any denial under Articles 136 and 16 of the General Public Administration Act, respecting reasonableness and proportionality, since free commerce is a fundamental right.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/11/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11536.json", "html_url": "/legal/doc/pgr-11536", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11536&strTipM=T" }, { "id": "pgr-11583", "citation": "C-329-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Binding nature of PGR opinions and tariff cost determination", "title_es": "Naturaleza vinculante de los dictámenes de la Procuraduría y determinación de costos tarifarios", "summary_en": "The Attorney General's Office clarifies that its opinions are not merely guidelines, but binding pronouncements that the Administration must follow when they have binding effect. It examines the relationship between technical rules and legality in tariff setting, emphasizing that compliance with technical rules is an element of the legality of administrative acts. Regarding electricity tariffs, it reaffirms that ARESEP has the power to set tariffs and that the cost-of-service principle, enshrined in Article 3 of Law 7593, is the determining principle for tariff methodologies and formulas. The PGR cannot determine which specific costs must be included, as this falls to the active Administration, but it can and must point out the legal framework to be respected.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/12/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11583.json", "html_url": "/legal/doc/pgr-11583", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11583&strTipM=T" }, { "id": "pgr-11591", "citation": "C-334-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Protection Zones Under Article 33 of the Forestry Law Are Not Public Domain", "title_es": "No son demaniales las áreas de protección del artículo 33 de la Ley Forestal", "summary_en": "The Attorney General's Office clarifies that the \"protection zones\" under Article 33 of the Forestry Law (riparian strips along rivers, creeks, lakes, and aquifer recharge areas) are not part of the State's public domain; rather, they remain private property subject to a social-interest limitation. This limitation only restricts tree cutting, except for projects declared of national convenience. Since these zones are not public land, the Public Services Company of Heredia cannot treat them as such when installing water supply pipelines without compensation. If the company needs a compulsory easement on such land for potable water infrastructure and cannot reach an agreement with the owner, it must follow the procedures of the Expropriation Law—either to establish the easement or to carry out a full expropriation, depending on the degree of interference.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "10/12/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11591.json", "html_url": "/legal/doc/pgr-11591", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11591&strTipM=T" }, { "id": "pgr-11603", "citation": "C-312-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Due process requirement before nullifying a construction permit", "title_es": "Requisito del debido proceso previo a la nulidad de un permiso de construcción", "summary_en": "The Office of the Attorney General responds to a consultation by the Curridabat Municipal Council on whether a construction permit it granted could be declared absolutely void under Article 173 of the General Public Administration Law. The PGR declines to issue a favorable opinion because the municipality has not conducted a prior ordinary administrative proceeding with a hearing for the parties, thus violating due process. It emphasizes that the power to revoke acts declaring rights is exceptional and only applies when absolute nullity is evident and manifest, after all procedural guarantees have been met. It notes that the competent body to order the opening of proceedings, designate the directing authority, and request the opinion is the Municipal Council, as the administrative head. The PGR concludes that at this stage it cannot examine the challenged act and returns the file without ruling on the merits.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "_off-topic", "procedural-environmental" ], "date": "18/11/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11603.json", "html_url": "/legal/doc/pgr-11603", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11603&strTipM=T" }, { "id": "pgr-11608", "citation": "OJ-005-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Illegal timber transport with expired guide and unknown origin", "title_es": "Transporte ilegal de madera con guía vencida y procedencia ignorada", "summary_en": "The Attorney General's Office issues a non-binding legal opinion at the request of the Fiscal Inspection Unit, within an administrative investigation, regarding illegal timber transport when its origin is unknown and an expired transport guide is presented. It clarifies that prosecutors cannot consult the Attorney General on specific ongoing cases, so general observations are provided. The opinion traces the regulatory evolution of forest product transport up to Forestry Law 7575 and Decree 30494-MINAE-MOPT-SP, detailing required documents based on timber origin (forest, plantation, agroforestry systems, agricultural land without forest). It states that transport without the requisite documentation, including an expired guide, is unlawful and may constitute a crime if the timber comes from a forest or plantation, framed as a blank criminal statute supplemented by regulations. It emphasizes that timber origin must be proven for a criminal conviction and recommends legal and administrative reforms to eliminate discrimination, harmonize the maximum guide validity to one month, and explicitly include origin data in transport guides.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "10/01/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11608.json", "html_url": "/legal/doc/pgr-11608", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11608&strTipM=T" }, { "id": "pgr-11622", "citation": "C-338-2002", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipalities' authority to impose a 1% fine for construction without a permit", "title_es": "Cobro de multa del 1% sobre construcciones sin permiso por parte de municipalidades", "summary_en": "The Attorney General's Office analyzes whether municipalities may charge a 1% fine for construction without a permit. It concludes that the municipal license fee (Arts. 74, 78 Construction Law) and the construction tax (Art. 70 Urban Planning Law) are distinct concepts. The fine for building without a license cannot exceed the economic harm caused to the municipality, i.e., the amount of the uncollected license fee (Art. 90 Construction Law). It is not permissible to set the fine at 1% of the construction value, because that percentage corresponds to the tax, not the license fee. The opinion clarifies that the conceptual confusion of treating both charges alike does not authorize municipalities to analogously apply the 1% as a fine.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/12/2002", "year": "2002", "json_url": "/data/legal/docs/pgr-11622.json", "html_url": "/legal/doc/pgr-11622", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11622&strTipM=T" }, { "id": "pgr-11637", "citation": "OJ-010-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Partial reconsideration of opinion on timber transport", "title_es": "Reconsideración parcial de criterio sobre transporte de madera", "summary_en": "This Legal Opinion 010-2003 sua sponte reconsiders O.J. 005-2003 on illegal timber transport, in light of the amendments introduced by Executive Decree 30918-MINAE-MOPT-SP. It adjusts the prior criterion in four key aspects: the documentation required for transporting timber (removing the reference to the color of the transport document and clarifying the use of the Certificate of Origin for forest plantations), the extension of transport hours to Saturdays for certain types of wood, the extension of the validity period of transport documents issued by the State Forest Administration to three months (with a prior site inspection required for renewal), and the seizure of timber and transport vehicles when circulating outside the established hours or without proper documentation. The Attorney General's Office reiterates its recommendation to harmonize SINAC's resolution with the new decree and clarifies that sawn timber from natural forests, agroforestry systems, and agricultural lands without forest requires a transport document from the State Forest Administration. This is a technical adjustment to align the prior opinion with the new regulation, leaving the rest of the original pronouncement unchanged.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "23/01/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11637.json", "html_url": "/legal/doc/pgr-11637", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11637&strTipM=T" }, { "id": "pgr-11647", "citation": "C-018-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Dismissal of consultation regarding employment benefits for specific official", "title_es": "Improcedencia de consulta sobre prestaciones laborales a funcionario concreto", "summary_en": "The Attorney General's Office declines to answer the consultation submitted by the Mayor of Cañas regarding the payment of employment benefits to the inquirer himself, who served as Head of the Cadastre Department. The request fails to meet admissibility requirements established in the Organic Law of the Attorney General's Office, as it identifies a specific case rather than raising a generic legal question. Responding to the consultation would entail encroaching upon the active administration's own powers and substituting for its decisions. Consequently, the processing of the request is denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/01/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11647.json", "html_url": "/legal/doc/pgr-11647", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11647&strTipM=T" }, { "id": "pgr-11662", "citation": "C-038-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Conflict over operating permits for comprehensive care centers", "title_es": "Conflicto de permisos de funcionamiento de centros de atención integral", "summary_en": "The Attorney General’s Office analyzes the conflict between the General Health Law (Law No. 5395) and the General Law on Comprehensive Care Centers (Law No. 8017) regarding the authorization and supervision of comprehensive care centers. It concludes that Law No. 8017 prevails, being both special and later, meaning operating permits must be granted by the Council for Comprehensive Care rather than the Ministry of Health under the General Health Law. The opinion applies the principles of specialty, chronology, and legislative history to resolve the antinomy, stating the legislature's intent was to create a new regulatory framework concentrated in said Council, thereby tacitly amending the General Health Law's provisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/02/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11662.json", "html_url": "/legal/doc/pgr-11662", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11662&strTipM=T" }, { "id": "pgr-11701", "citation": "OJ-038-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on bill amending the General Potable Water Law", "title_es": "Opinión sobre proyecto de modificación a la Ley General de Agua Potable", "summary_en": "The Attorney General’s Office analyzes a bill amending the General Potable Water Law (No. 1634), legislative file 14.427. The opinion underscores the importance of water resources for development and conservation, recommending that the bill’s provisions be incorporated into the proposed Water Resource Law (file 14.585) to avoid regulatory fragmentation. It reviews proposed articles on environmental damage, restoration, valuation, concessions, and cessation of activities. The PGR suggests eliminating redundant or extraneous provisions (e.g., wildlife trafficking), clarifying concepts such as ‘water production areas,’ adjusting compensation calculations (based on the affected species rather than root volume), resolving jurisdictional conflicts between MINAE and ICAA, and clarifying that aquifer recharge areas are limitations of social interest not requiring expropriation. It also recommends moving criminal sanctions to Article 20 and specifying conditions for concession cancellation without compensation.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "28/02/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11701.json", "html_url": "/legal/doc/pgr-11701", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11701&strTipM=T" }, { "id": "pgr-11721", "citation": "C-069-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Defective cadastral plans and municipal approval in subdivisions", "title_es": "Planos catastrados defectuosos y visado municipal en fraccionamientos", "summary_en": "The Attorney General clarifies municipal duties regarding cadastral plans that violate urban development regulations, particularly easements longer than sixty meters and lots under one thousand square meters. Municipalities must deny approval when a subdivision fails to meet access and lot-size rules. If an improper approval was granted, they must annul it administratively or judicially, depending on the defect's severity, and then seek cancellation of the property registration. The approval is an essential prerequisite for recording segregations. The opinion details which subdivisions require approval, the limits on access by easement (minimum width, maximum length of sixty meters, maximum of six lots), and the legal mechanisms to annul both the approval and the registration.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "10/03/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11721.json", "html_url": "/legal/doc/pgr-11721", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11721&strTipM=T" }, { "id": "pgr-11728", "citation": "OJ-043-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "COOPESA — Termination of Negotiations and State's Unilateral Tariff-Setting Power", "title_es": "COOPESA — conclusión de negociaciones y posibilidad de fijación unilateral de tarifas por el Estado", "summary_en": "The Attorney General's Office issues a non-binding legal opinion responding to queries from the Technical Council of Civil Aviation regarding the situation with COOPESA following Administrative Court resolution 218-2001. It concludes that since COOPESA sued the State, the negotiations between the parties are legally terminated. While the litigation persists, the amount of the debt cannot be determined because its legal basis is being challenged in court. Nevertheless, in order to protect the public interest, the State may exercise its sovereign tariff-setting power and unilaterally set the tariffs through a duly reasoned administrative act, based on technical and fairness grounds, without needing COOPESA's agreement. Should COOPESA refuse to pay, appropriate judicial collection actions should be initiated.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/03/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11728.json", "html_url": "/legal/doc/pgr-11728", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11728&strTipM=T" }, { "id": "pgr-1173", "citation": "C-102-1996", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nullity of registrations in mangrove areas", "title_es": "Nulidad de inscripciones registrales en áreas de manglar", "summary_en": "The Attorney General's Office examines whether two registered properties in Playa Papaturro containing mangroves are null. It concludes that mangroves are inalienable, imprescriptible public domain assets protected by the Water Law, the Maritime-Terrestrial Zone Law, and the Forestry Law. They cannot be privately owned or registered in the Public Registry. Registrations that include them are null as to that portion and confer no rights; the omission of a State reservation does not cure the defect. Owners are advised to adjust their registered areas by public deed to exclude mangrove areas and avoid future conflicts. Unauthorized exploitation of mangrove flora or fauna carries criminal penalties. The opinion was requested by the Costa Rican Tourism Institute to assess the legality of original registrations under Transitory III of Law No. 4558.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "26/06/1996", "year": "1996", "json_url": "/data/legal/docs/pgr-1173.json", "html_url": "/legal/doc/pgr-1173", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=1173&strTipM=T" }, { "id": "pgr-11790", "citation": "C-107-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Lack of jurisdiction to opine on conflict of interest in housing project", "title_es": "Incompetencia para opinar sobre conflicto de intereses en proyecto habitacional", "summary_en": "The Office of the Attorney General declared itself without jurisdiction to issue a substantive opinion on a potential conflict of interest in the processing of loans for the Río Nuevo housing project in Corredores, Puntarenas. The inquiry was submitted by the INVU's Internal Auditor, who questioned whether the then-Executive President had a conflict due to family ties with the construction company. The PGR determined two reasons for its lack of jurisdiction: first, because the matter concerned a specific case, which is inadmissible in its consultative function, which must be general and abstract; second, because the issue involves the use of public funds and administrative contracting, which falls under the exclusive and preemptive authority of the Comptroller General's Office. Furthermore, the matter had already been analyzed by the INVU's Legal Advisory Office. The auditor was advised to refer his inquiries to the Comptroller.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/04/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11790.json", "html_url": "/legal/doc/pgr-11790", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11790&strTipM=T" }, { "id": "pgr-11794", "citation": "OJ-023-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Purpose of urban recreational areas and municipal stadium construction", "title_es": "Destino de áreas recreativas urbanísticas y construcción de estadio municipal", "summary_en": "The Office of the Attorney General analyzed the dispute between residents of the Jesús Jiménez de Tibás housing development and the Municipality of Tibás, which built the El Sanjuaneño Municipal Stadium on a plot originally designated as a community plaza. Based on the Urban Planning Law and the Subdivision and Urbanization Regulations, the opinion explains that recreational areas ceded to municipalities are public-domain goods for common use, governed by the principles of freedom, gratuitousness, impersonality, and equality. Changing their purpose requires a special law. However, after reviewing constitutional case law, the PGR concludes that the Constitutional Chamber already ruled (in decisions 5197-96, 2000-09874, and 2001-06991) that the stadium construction did not constitute a change of original purpose, and the municipality's only obligation is to allow the organized community free use of the facility. The opinion stresses that the Chamber's rulings must be followed.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "14/02/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11794.json", "html_url": "/legal/doc/pgr-11794", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11794&strTipM=T" }, { "id": "pgr-1181", "citation": "C-108-1996", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Concession regime in the maritime-terrestrial zone and islands", "title_es": "Régimen de concesiones en zona marítimo terrestre e islas", "summary_en": "The Attorney General's Office (PGR) responds to the Municipal Council of Puntarenas regarding alleged irregularities in maritime-terrestrial zone concessions. The PGR clarifies that it is the municipality's duty to correct anomalies and that its investigative intervention is not required, though legal advice is offered. Article 44 of Law 6043 is analyzed, establishing that the 'first in time, first in right' principle governs the granting of concessions, but must be balanced with zonal planning and the order of priorities in Article 57 of the Regulation (based on touristic or non-touristic use). The figure of the 'occupant' and its preferential, non-transferable right is defined, recalling that a mere application does not confer a right of occupation. Regarding islands, their public domain, inalienable and imprescriptible character is detailed, along with the requirement of legislative approval for any concession, total or partial, per Articles 37 and 42 of Law 6043. Finally, it interprets that Law 6043's protection of islands in the territorial sea should be understood under the regulations in force when the law was enacted, not based on later delimitations like Decree 18581-RE, ensuring the protection of islands such as those in the Gulf of Nicoya.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "01/07/1996", "year": "1996", "json_url": "/data/legal/docs/pgr-1181.json", "html_url": "/legal/doc/pgr-1181", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=1181&strTipM=T" }, { "id": "pgr-11828", "citation": "OJ-074-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Conversion of concessions into surface rights in Papagayo", "title_es": "Conversión de concesiones en derechos de superficie en Papagayo", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on the bill to partially amend Law No. 6758 to promote the development of the Papagayo Tourism Project. The analysis focuses on two core aspects: the elimination of the public-domain concession and its replacement with surface rights over public-domain land, and the granting of exclusive regulatory powers to the Costa Rican Tourism Institute (ICT) on technical matters (zoning, construction, environmental protection, roads, condominiums). The PGR concludes that surface rights are inadmissible on public domain land because they violate the principles of inalienability and non-disposability, distort the administrative concession regime, and introduce an incompatible private-law scheme. It also warns about the questionable constitutionality of excluding municipalities from territorial planning and the potential infringement of the principle of non-retroactivity to the detriment of existing concessionaires. The opinion recommends not approving the bill as drafted and notes numerous legislative imprecisions and omissions.", "primary_topic_id": null, "topic_ids": [], "date": "14/05/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11828.json", "html_url": "/legal/doc/pgr-11828", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11828&strTipM=T" }, { "id": "pgr-11829", "citation": "OJ-072-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Suspension of eviction in the maritime-terrestrial zone and council members' liability", "title_es": "Suspensión de desalojo en zona marítimo terrestre y responsabilidad de regidores", "summary_en": "The Attorney General's Office analyzes whether Nicoya's municipal council members violated Article 63 of the Maritime-Terrestrial Zone Law by halting the administrative eviction of Leonor Cano Obregón. It concludes there are currently no grounds to initiate a sanctioning procedure, because the Administration may suspend the enforcement of its decisions to avoid serious or irreparable harm while appeals are pending. However, it reaffirms that public domain lands cannot be possessed, that construction without permits on the coastal zone is illegal, and that municipalities must evict occupants and demolish unauthorized structures, under threat of disciplinary and criminal liability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/05/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11829.json", "html_url": "/legal/doc/pgr-11829", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11829&strTipM=T" }, { "id": "pgr-11832", "citation": "OJ-049-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "No sanction for Nandayure council members regarding constructions in the maritime-terrestrial zone", "title_es": "Improcedencia de sanción a regidores de Nandayure por construcciones en zona marítimo terrestre", "summary_en": "The Attorney General's Office analyzes a request from the Supreme Electoral Tribunal to investigate whether the council members of Nandayure incurred grounds for sanction under Article 63 of the Maritime-Terrestrial Zone Law for authorizing constructions in the maritime-terrestrial zone. The investigation revealed two cases: one of Dalorso Godoy in Puerto Thiel, where the permit was granted on a registered property with possession predating the creation of the restricted zone, thus no illegality occurred; and another of Alanis Cedeño in Puerto San Pablo, who was never granted a construction permit. The opinion concludes that there is no merit to sanction the council members, but warns about the irregular occupation by Alanis Cedeño and the municipal obligation to proceed with eviction and demolition, as well as the potential criminal and disciplinary liability of non-acting officials.", "primary_topic_id": null, "topic_ids": [], "date": "25/03/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11832.json", "html_url": "/legal/doc/pgr-11832", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11832&strTipM=T" }, { "id": "pgr-11839", "citation": "OJ-078-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "ICE regulatory authority: Guarantee Fund and Supplementary Pensions", "title_es": "Competencia reglamentaria del ICE: Fondo de Garantías y Pensiones Complementarias", "summary_en": "The Attorney General's Office issues a non-binding advisory opinion on four inquiries by a congressman regarding the legality of ICE's actions. It concludes that ICE's Board of Directors holds autonomous regulatory authority to issue the regulations for the Guarantee and Savings Fund and the Supplementary Pension Regime, and that the Executive Branch cannot supplant it. Publication in the official gazette is a requirement for efficacy, not validity; thus, an unpublished Personnel Statute is ineffective but not illegal. As to the General Manager's prolonged leave of absence, no direct unconstitutionality exists, but a substitute must be appointed if the leave exceeds two months. The opinion produces no binding effects because it was requested by a congressman, not an administrative authority.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/05/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11839.json", "html_url": "/legal/doc/pgr-11839", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11839&strTipM=T" }, { "id": "pgr-11844", "citation": "C-141-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Commission on stock transaction under Law N° 8299", "title_es": "Comisión en operación bursátil bajo Ley N° 8299", "summary_en": "The Attorney General's Office declines to issue an opinion on whether Banco Crédito Agrícola de Cartago must pay a commission to the brokerage firm INS Valores for acquiring government securities through a competitive auction instead of direct purchase at the window. It holds that the matter concerns a specific stock transaction under an existing commission contract, and resolving the dispute would entail substituting the Administration in a particular case, exceeding its advisory function. Although it has occasionally issued non-binding opinions on specific situations, it deems that course inappropriate here and declares itself incompetent to rule on the obligation to pay the commission.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/05/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11844.json", "html_url": "/legal/doc/pgr-11844", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11844&strTipM=T" }, { "id": "pgr-11851", "citation": "C-147-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Revaluation of Public Works and Communications pensions", "title_es": "Revalorización de pensiones de Obras Públicas y Comunicaciones", "summary_en": "The Attorney General's Office analyzes the method for revaluing pensions under the Public Works and Communications regimes. It concludes that, contrary to its view that there is no acquired right to a specific adjustment system, binding precedents of the Constitutional Chamber mandate the application of the original laws (Article 13 of Law No. 19 of 1944 and Article 16 of Law No. 4 of 1940) for those who acquired rights before the Framework Pensions Law. It holds that increases are only due when salary raises for active employees are based on cost-of-living adjustments, not technical adjustments. For the calculation, the updated base of the individual's own pension must be used, not the salary base of a current active employee. Pensions granted proportionally for years of service must be revalued with the full percentage of the increase, not proportionally. It refrains from evaluating the specific legality of Resolution R-DNP-317-98 as that falls to the active administration.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/05/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11851.json", "html_url": "/legal/doc/pgr-11851", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11851&strTipM=T" }, { "id": "pgr-11866", "citation": "C-155-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Concessions in the maritime-terrestrial zone without a regulatory plan and transfer of occupation rights", "title_es": "Concesiones en zona marítimo terrestre sin plan regulador y cesión de derechos de ocupación", "summary_en": "The Attorney General's Office addresses inquiries from the Internal Auditor of the Municipality of Aguirre regarding concessions and permits in the maritime-terrestrial zone. It reaffirms that this zone is part of the national heritage, inalienable and imprescriptible, comprising a 50-meter public zone and a 150-meter restricted zone. Municipalities, as administrators, may only grant concessions in the restricted zone if an approved regulatory plan, an ICT tourism suitability declaration, IGN demarcation, and a tax appraisal exist. The mere filing of an application does not confer any rights or legitimize occupations. The categories of occupant and settler are non-transferable; any attempt to assign or sell such rights is absolutely null. Use permits, being precarious, may be granted without a regulatory plan but do not create subjective rights. Concession applications in areas lacking a regulatory plan must be rejected outright.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/06/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11866.json", "html_url": "/legal/doc/pgr-11866", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11866&strTipM=T" }, { "id": "pgr-11886", "citation": "C-176-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Admissibility requirements for internal auditor consultations", "title_es": "Requisitos de admisibilidad para consultas de auditores internos", "summary_en": "The Attorney General's Office denies processing the consultation submitted by the Internal Auditor of the Municipality of La Unión regarding various questions about the functioning of the Municipal Council, considering that the admissibility parameters established for consultations filed by internal auditors under Article 4 of the Organic Law of the Attorney General's Office are not met. The advisory body indicates that internal auditors' consultations must relate to their duties of control and oversight of public funds, not routine or unrelated matters such as the system of appeals against municipal agreements. Furthermore, the lack of a legal opinion from the municipal legal advisory unit is noted. The opinion develops the requirements and limitations governing the direct consultative power of internal auditors before the Attorney General's Office.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/06/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11886.json", "html_url": "/legal/doc/pgr-11886", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11886&strTipM=T" }, { "id": "pgr-11888", "citation": "C-179-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Advisory jurisdiction over specific administrative acts of a Municipal Council", "title_es": "Competencia consultiva sobre actos administrativos concretos de un Concejo Municipal", "summary_en": "The Office of the Attorney General (PGR) addresses an inquiry from the Internal Auditor of the Municipality of Puntarenas regarding the legality of two Municipal Council agreements: one modifying meeting dates without prior publication in the Official Gazette, and another providing remuneration for additional extraordinary meetings. The PGR declines to issue an opinion, arguing that its advisory role is limited to the abstract analysis of legal principles and cannot extend to assessing the validity of specific administrative acts, such as the adopted agreements. In support, it cites its own opinion C-194-94, which establishes that specific matters pending an administrative decision are not subject to consultation. As a courtesy, the PGR provides copies of two prior opinions related to the issues raised: C-109-2001 on prior publication of meetings and C-177-2003 on compensable extraordinary meetings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/06/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11888.json", "html_url": "/legal/doc/pgr-11888", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11888&strTipM=T" }, { "id": "pgr-11911", "citation": "C-189-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Reconsideration on tax incentives, tourism contract, and infrastructure works in the Papagayo Project", "title_es": "Reconsideración sobre incentivos fiscales, contrato turístico y obras de infraestructura en el Proyecto Papagayo", "summary_en": "Opinion C-189-2003 reconsiders ex officio opinion C-310-2002 at the request of the Ministry of Finance and the ICT. The Attorney General reaffirms: tax incentives under Law 6990 apply only to listed tourism activities, not to stand-alone infrastructure companies; any expansion or modification of a tourist project requires a new tourism contract, not a mere addendum, to ensure a full evaluation against public interest; the ICT must build primary basic infrastructure (roads, utilities) for the Papagayo Project, while internal enabling works within each concession are the concessionaire's responsibility. Roads within the project are public domain and must be transferred for public use. Incentives cannot be granted for works outside Article 3 of Law 6990, nor can the concession be treated as a public works contract to extend exemptions. The reconsideration request was late but handled ex officio.", "primary_topic_id": null, "topic_ids": [], "date": "23/06/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11911.json", "html_url": "/legal/doc/pgr-11911", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11911&strTipM=T" }, { "id": "pgr-11913", "citation": "C-196-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on prevalence of Law 7817 and spending rules", "title_es": "Inadmisibilidad de consulta sobre prevalencia de Ley 7817 y normas de gasto", "summary_en": "The consultation submitted by Casa Hogar de la Tía Tere asks whether Law 7817 prevails over prior norms on the same subject and whether Article 6(b) of that law allows the issuance of procedural rules. The Attorney General's Office does not admit the consultation for failing to meet admissibility requirements. Regarding the first question, the petitioner does not specify which particular competencies would be in normative conflict, and the Attorney General cannot substitute for the Administration in that determination. The attached legal opinion contains only generalities on the temporal validity of norms without identifying a concrete conflict. As for the second question, the Attorney General holds that matters of budgeting and public fund management fall exclusively within the competence of the Comptroller General of the Republic, and therefore also declines to address it.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/06/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11913.json", "html_url": "/legal/doc/pgr-11913", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11913&strTipM=T" }, { "id": "pgr-11949", "citation": "C-201-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Operation of the SINAC Wild Protected Areas Trust No. 890", "title_es": "Operación del fideicomiso de Áreas Silvestres Protegidas N.° 890 por el SINAC", "summary_en": "The Office of the Attorney General responds to the MINAE's inquiry regarding the operation of the Wild Protected Areas Trust No. 890. The Ministry sought reconsideration of the opinion in C-286-2002, arguing there is no normative conflict, that SINAC has its own legal personality, and that the single-treasury principle violates the constitutional right to the environment. The Attorney General reaffirms that SINAC is a deconcentrated body of MINAE with instrumental budgetary personality, not a decentralized entity. It holds that there is an incompatibility between Article 36 of the Biodiversity Law (authorizing trusts) and the amended Article 66 of the Financial Administration Law (single-treasury principle), as SINAC's resources must be deposited in the single treasury. It rejects the claim that the right to the environment can override the constitutional single-treasury principle. It concludes that, under current law, administering SINAC's resources through a trust outside the single treasury is not legally viable.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "_off-topic" ], "date": "27/06/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11949.json", "html_url": "/legal/doc/pgr-11949", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11949&strTipM=T" }, { "id": "pgr-11959", "citation": "OJ-121-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Amendment to Article 4 of the Papagayo Gulf Tourism Development Law", "title_es": "Reforma al artículo 4° de la Ley de Desarrollo Turístico del Golfo de Papagayo", "summary_en": "The Attorney General issues a non-binding opinion on bill No. 15.049, proposing to amend Article 4 of Law 6758 to regulate security interests on tourism concessions in the Papagayo Gulf. The bill aims to facilitate financing by allowing concession rights and constructions to be mortgaged or given as collateral, integrating them into the public-domain real estate. The PGR warns that public-domain assets are inalienable and cannot be mortgaged; only the patrimonial concession right may be encumbered, subject to prior administrative authorization. It objects to the automatic extinction of liens upon concession cancellation, the proposed legal deposit, and the automatic assignment without ICT control. It also questions removing the national-capital requirement for bank loans, as it conflicts with restrictions on granting concessions to foreigners. The opinion concludes with eleven specific observations for legislative consideration.", "primary_topic_id": null, "topic_ids": [], "date": "23/07/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11959.json", "html_url": "/legal/doc/pgr-11959", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11959&strTipM=T" }, { "id": "pgr-11976", "citation": "C-225-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Mandatory prior procedure for declaring absolute nullity of municipal acts", "title_es": "Procedimiento previo obligatorio para declarar nulidad absoluta y manifiesta de actos municipales", "summary_en": "The Office of the Attorney General declines to issue an opinion on the absolute and manifest nullity of a resolution by the Atenas Municipal Council that authorized a neighborhood association to use a mechanical arm for access control, because the municipality did not first conduct the ordinary administrative procedure required by Article 173(3) of the General Public Administration Law. The opinion emphasizes that the active administration must exhaust a procedure that guarantees due process and a hearing for affected parties before requesting the Attorney General's opinion, and that this office cannot cure procedural omissions or act as the director of the proceeding. In the absence of that procedure, the request is returned without a ruling on the merits of the alleged defect.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/07/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-11976.json", "html_url": "/legal/doc/pgr-11976", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=11976&strTipM=T" }, { "id": "pgr-12007", "citation": "C-241-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on UNED appointment", "title_es": "Improcedencia de consulta sobre nombramiento en la UNED", "summary_en": "The Office of the Attorney General denies processing the consultation from the Internal Auditor of the Distance State University regarding the nullity of the appointment of the Head of the Budget Office. The opinion explains that admissibility requirements are not met: the consultation concerns a specific case and requests an assessment of the legal opinion issued by the UNED's legal advisory, which is prohibited. The advisory function of the PGR is exercised in abstract, not on identified administrative acts or on opinions of internal legal departments. Additionally, the opinion details the scope of the direct consultation power of internal auditors after the amendment to Article 4 of the Organic Law of the PGR, emphasizing that it must relate to matters within their competence, not where the Comptroller General has exclusive jurisdiction, and not on specific cases.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12007.json", "html_url": "/legal/doc/pgr-12007", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12007&strTipM=T" }, { "id": "pgr-12015", "citation": "OJ-136-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Payment of Art. 34 prohibition (Law 8292) to private accountants in INS internal audit", "title_es": "Pago de la prohibición del Art. 34 Ley 8292 a contadores privados de auditoría interna del INS", "summary_en": "The inquiry asks whether two officials of INS Internal Audit, who are private accountants incorporated into the respective professional body, are entitled to the economic compensation for the prohibition in Article 34 of the General Law of Internal Control (Law 8292). The Attorney General's Office clarifies it is dealing with a specific case, so its opinion is not binding. Nevertheless, it reaffirms the criterion in O.J.-076-2003: internal audit officials who are private accountants, regardless of academic degree, are entitled to such compensation, since the prohibition on practicing their profession freely causes indemnifiable pecuniary harm. It is recalled that Attorney General opinions are binding only on the requesting administration and become administrative case law only after several coinciding opinions, which is not the case here.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/08/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12015.json", "html_url": "/legal/doc/pgr-12015", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12015&strTipM=T" }, { "id": "pgr-12020", "citation": "C-253-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "District Councils lack authority over maritime zone administration", "title_es": "Incompetencia de Concejos de Distrito para administrar zona marítimo terrestre", "summary_en": "The opinion examines whether, under Article 4 of the General Law on District Municipal Councils (Law 8173), these bodies have authority to administer the maritime-terrestrial zone within their jurisdiction. The Attorney General's Office concludes they do not. The Maritime-Terrestrial Zone Law (Law 6043) exclusively grants administration, usufruct, and concession powers over the maritime zone to municipalities, in coordination with the ICT. District councils are bodies attached to municipalities with functional autonomy, but their local powers cannot override the exclusive municipal powers. Administration of the maritime zone is not a local matter but the management of a national interest assigned by law to municipalities. Any delegation of this power to district councils based on Article 4 of Law 8173 would be illegal and possibly unconstitutional, as no express legal transfer of powers exists. Previous PGR opinions and Administrative Court rulings are confirmed.", "primary_topic_id": null, "topic_ids": [], "date": "22/08/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12020.json", "html_url": "/legal/doc/pgr-12020", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12020&strTipM=T" }, { "id": "pgr-12047", "citation": "OJ-132-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Creation of environmental criminal jurisdiction and judge requirements", "title_es": "Creación de la jurisdicción penal ambiental y requisitos de los jueces", "summary_en": "This opinion examines the proposed Environmental Criminal Jurisdiction Law (File No. 14,899), which aims to strengthen and specialize criminal justice in environmental matters. The Office of the Attorney General agrees with the need for reform but makes critical observations: it recommends eliminating the exhaustive list of crimes in Article 2 and replacing it with a generic clause covering all environmental crimes. It questions the proposal to include a lay member (mixed tribunal) on the courts, as this would affect fundamental guarantees such as the right to a lawful judge and personal liberty; however, it supports requiring one judge to hold a degree in a field related to the environment. It warns that extending this formula to the Court of Criminal Cassation would be unconstitutional because Article 159.5 of the Constitution requires magistrates to be lawyers. It also suggests correcting the standing to file complaints so as not to restrict it compared to the Code of Criminal Procedure. The opinion is non-binding.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "04/08/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12047.json", "html_url": "/legal/doc/pgr-12047", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12047&strTipM=T" }, { "id": "pgr-12091", "citation": "OJ-182-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Tourism signage and MOPT authority over road signage", "title_es": "Vialidad turística y competencias del MOPT sobre señalamiento vial", "summary_en": "The Attorney General's Office reviews a bill to reform the ICT Organic Law, granting it authority over tourism road signage and new funding sources. It concludes that road signage falls under MOPT's jurisdiction via the Traffic Engineering Directorate, so any ICT authority should be exercised in coordination with that body, respecting its technical criteria on road safety and landscape protection. Regarding funding, it warns that diverting part of the traffic fine surtax would reduce PANI's income, suggesting alternative sources. It finds no constitutional flaws in the bill but recommends hearing PANI under Article 190 of the Constitution.", "primary_topic_id": null, "topic_ids": [ "landscape-protection" ], "date": "29/09/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12091.json", "html_url": "/legal/doc/pgr-12091", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12091&strTipM=T" }, { "id": "pgr-12094", "citation": "OJ-183-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Municipal obligation to supply drinking water to subdivisions without main pipeline", "title_es": "Obligación municipal de dotar agua potable a fraccionamientos sin tubería principal", "summary_en": "The Attorney General's Office declines to issue an opinion on a municipality's obligation to provide drinking water to new subdivisions when there is no main pipeline and the service harms existing residents. The opinion finds that the query from the Internal Audit Office of the Municipality of La Unión is unrelated to its oversight and public finance control functions, thus failing to meet the requirements of the Organic Law of the Attorney General's Office (Law 6815). However, the PGR indicates that any legal analysis should consider the General Drinking Water Law, the Urban Planning Law, the Construction Law, and the National Subdivision and Urbanization Control Regulation. It further highlights the competences of AyA as the governing body for water resources, including direction, surveillance, project approval, and administration of aqueduct systems, suggesting primary responsibility lies with that institution.", "primary_topic_id": null, "topic_ids": [ "water-law", "subdivision-fraccionamiento", "_off-topic" ], "date": "29/09/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12094.json", "html_url": "/legal/doc/pgr-12094", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12094&strTipM=T" }, { "id": "pgr-12123", "citation": "C-321-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal status of properties titled under Law 7599 after its annulment for unconstitutionality", "title_es": "Situación legal de fincas tituladas bajo Ley 7599 tras su anulación por inconstitucionalidad", "summary_en": "The Attorney General's Office analyzes the situation of land titles issued by the IDA under Law 7599 (Land Titling Law in National Reserves), declared unconstitutional by the Constitutional Chamber in 2001. It determines that forests and forest lands within national reserves are part of the State's Natural Heritage and are public domain goods, inalienable and imprescriptible, thus cannot be privately titled. Regarding already registered titles, those that had not completed the three-year consolidation period at the time of annulment are challengeable before the IDA within that period. For public domain goods, the State's action to recover them and annul titles is imprescriptible. Furthermore, the Titling Regulation issued by the IDA in 2002 is severely questioned for invading executive and legislative powers, failing to protect forest heritage, and reproducing unconstitutional defects.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "09/10/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12123.json", "html_url": "/legal/doc/pgr-12123", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12123&strTipM=T" }, { "id": "pgr-12130", "citation": "C-286-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Tax exemption in indigenous reserves and scope of property tax and municipal business license", "title_es": "Exención tributaria en reservas indígenas y alcances del impuesto sobre bienes inmuebles y patente municipal", "summary_en": "The Attorney General's Office analyzes whether the exemption in Article 3 of Indigenous Law 6172 applies to buildings and commercial activities in indigenous reserves. It concludes that the generic exemption was repealed by Law 7293, but under Law 7509, properties in indigenous reserves are not subject to property tax. Regarding the municipal business license, it states that businesses managed directly by indigenous people are not for profit, so the taxable event does not arise. For cooperatives, only commercial activity with third parties unrelated to their social purpose could be taxable, with the municipality responsible for determining that portion.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "_off-topic" ], "date": "26/09/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12130.json", "html_url": "/legal/doc/pgr-12130", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12130&strTipM=T" }, { "id": "pgr-12174", "citation": "C-323-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Delegation of Administrative Procedure Instruction in Municipal Council", "title_es": "Delegación de la instrucción del procedimiento administrativo en el Concejo Municipal", "summary_en": "The opinion examines whether Municipal Councils may delegate the instruction of administrative procedures to a directing body composed of council members and district representatives, even when the investigation does not involve public finances. The Attorney General's Office concludes that, as a collegial body, the Council may only delegate instruction to its secretary, pursuant to Article 90(e) of the General Public Administration Law, in conjunction with Article 53 of the Municipal Code. The criteria set forth in Opinion C-261-2001 is reaffirmed and supported by case law from the First Chamber of the Supreme Court. Therefore, the possibility of forming a directing body with other council members is dismissed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/10/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12174.json", "html_url": "/legal/doc/pgr-12174", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12174&strTipM=T" }, { "id": "pgr-12191", "citation": "OJ-210-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Prohibition on fencing public zone to enlarge private enclave", "title_es": "Prohibición de cercar zona pública para ampliar enclave privado", "summary_en": "The Attorney General's Office analyzes whether a hotel may erect a fence between its property and the public beach zone, and whether an expropriation in its favor is appropriate. It concludes that the Procuraduría cannot authorize expropriations or validate private actions. It recalls that the 50-meter public zone is inalienable, for common use, and its demarcation is the exclusive function of the Instituto Geográfico Nacional. It notes that opinion C-128-99 protects legally registered private enclaves but does not permit extending their boundaries at the expense of public domain. It affirms that fencing the public zone to annex it to private property is prohibited under Articles 12 and 20 of Law 6043 and may constitute the crime of usurpation. It urges the Municipality of Garabito to investigate and restore legality by exercising its powers of domain self-protection.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/10/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12191.json", "html_url": "/legal/doc/pgr-12191", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12191&strTipM=T" }, { "id": "pgr-12192", "citation": "OJ-216-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Free access to public zone and public roads in the Papagayo Tourism Project", "title_es": "Acceso libre a zona pública y vías públicas en el Proyecto Turístico de Papagayo", "summary_en": "The Attorney General’s Office responds to Mr. Gad Amit Kaufman, who reports non-compliance with a Constitutional Court order to open and allow free transit on roads leading to the beaches of the Papagayo Project. The request to sanction public officials and private parties is denied because the Attorney General’s Office lacks sanctioning authority; its legal oversight over the maritime terrestrial zone is limited to ensuring compliance with the law, without substituting for administrative or judicial bodies. However, a legal opinion is issued on several aspects: the obligation to respect the fifty-meter public zone, the public nature of roads within the project, and the Attorney General’s position regarding the challenged Road Regulation. It concludes that the entry form discourages access to the public zone, that the project does not constitute an exceptional regime and must respect public road legislation, and that the Constitutional Court is the sole authority to address the alleged disobedience of its order.", "primary_topic_id": null, "topic_ids": [], "date": "31/10/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12192.json", "html_url": "/legal/doc/pgr-12192", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12192&strTipM=T" }, { "id": "pgr-12211", "citation": "C-357-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal effects of the errata on the Santa Ana zoning plan", "title_es": "Efectos jurídicos de la fe de erratas del plan regulador de Santa Ana", "summary_en": "This opinion addresses the correction of a material error in the publication of the Santa Ana cantonal regulatory plan's zoning regulations, where the maximum density for a low-density zone was published as \"rooms\" instead of \"inhabitants\" per hectare. The PGR concludes that a published errata is the proper means to correct a material publication error that did not vitiate the consent of the Municipal Council, and that the erroneously published norm was ineffective until corrected. It determines that land-use certificates are declaratory acts that do not consolidate legal situations or grant subjective rights; therefore, those issued under the flawed norm are ineffective for obtaining construction permits. Construction permits granted under the incorrect norm are absolutely null and voidable due to defects in motive and content, without violating the non-retroactivity principle, although the declaration of nullity cannot affect good-faith acquired rights.", "primary_topic_id": null, "topic_ids": [], "date": "13/11/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12211.json", "html_url": "/legal/doc/pgr-12211", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12211&strTipM=T" }, { "id": "pgr-12218", "citation": "OJ-236-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Municipal quarrying without concession", "title_es": "Explotación de tajos y canteras por municipalidades sin concesión", "summary_en": "The Office of the Attorney General issues an unfavorable legal opinion on Bill 15.149, which aimed to allow municipalities to extract materials from quarries on public land without permits or concessions, ostensibly to expedite public works. The PGR finds the bill contradicts the Mining Code and its Regulations, which require a temporary or ordinary concession, and undermines state mining administration. It notes the unjustified disparity with autonomous institutions and warns that eliminating requirements could violate constitutional principles, including the right to a healthy environment, due process, and private property. The opinion stresses that environmental oversight belongs to SETENA, omitted in the bill, and that existing law already adequately addresses responsibilities and emergencies. The PGR recommends against approval and suggests clarifying the wording of Article 39 of the Mining Code.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "17/11/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12218.json", "html_url": "/legal/doc/pgr-12218", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12218&strTipM=T" }, { "id": "pgr-12248", "citation": "OJ-237-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Administration of Isla San Lucas and the Puntarenas estuary as protected areas", "title_es": "Administración de la Isla San Lucas y el estero de Puntarenas como áreas protegidas", "summary_en": "The Attorney General's Office examines whether Decree 29277‑MINAE, which designates Isla San Lucas and the Puntarenas estuary as a national wildlife refuge and a wetland, assigning their administration to MINAE, violates the hierarchy of norms and municipal autonomy. It concludes that declaring protected wildlife areas is a legal power of MINAE that safeguards a national interest—environmental protection—and not a local interest. Since both the island and the estuary are public‑domain assets, the designation does not transfer ownership but changes the administering entity, as provided for in environmental laws (Organic Environmental Law, Wildlife Conservation Law). Thus, there is no violation of constitutional articles 169 and 170 or the principle of legality; the decree conforms to the existing legal framework.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "environmental-law-7554" ], "date": "17/11/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12248.json", "html_url": "/legal/doc/pgr-12248", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12248&strTipM=T" }, { "id": "pgr-12262", "citation": "OJ-253-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal regime of the public and restricted zones of the maritime-terrestrial zone", "title_es": "Régimen jurídico de la zona pública y restringida en la zona marítimo terrestre", "summary_en": "This legal opinion from the Attorney General's Office (OJ-253-2003) addresses a query about rights that may exist over the 50-meter public zone strip and the 150-meter restricted zone of the maritime-terrestrial zone under Law 6043. The analysis reaffirms that the public zone is inalienable, public domain, and for common use, with no possibility of private appropriation. It details the legal exceptions allowing for private use through concession or authorization in very limited circumstances. Regarding the restricted zone, it is subject to concession for private use and may also contain validly registered private property titles, including those originating from prior laws such as Law 4558. Constitutional protection and the role of the National Geographic Institute in demarcation are emphasized. The Attorney General concludes that any existing rights must respect the inalienability of the 50-meter public zone.", "primary_topic_id": null, "topic_ids": [], "date": "02/12/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12262.json", "html_url": "/legal/doc/pgr-12262", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12262&strTipM=T" }, { "id": "pgr-12278", "citation": "C-380-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Transfer and public domain status of public areas in subdivisions", "title_es": "Cesión y demanialización de áreas públicas en urbanizaciones", "summary_en": "The Attorney General's Office reconsiders opinion C-059-2002 and determines that areas designated for public and communal use do not become public domain property upon the initial approval of construction plans, but rather upon the formal acceptance of public works and areas by the municipality. It analyzes the stages of the urban development process: preliminary consultation, approval of construction plans, execution, inspection, and acceptance. It concludes that the official map is established at the moment of municipal acceptance, formalized by a council resolution, when the conformity of public areas with the approved plans is verified. Only then are the areas considered freely transferred to the community and incorporated into the municipal public domain. It thus reconsiders the previous interpretation that placed that moment at the initial approval or visado of plans by the Urban Planning Directorate or the municipality, clarifying that the construction permit is merely an authorization that may expire without the project being built.", "primary_topic_id": null, "topic_ids": [], "date": "02/12/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12278.json", "html_url": "/legal/doc/pgr-12278", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12278&strTipM=T" }, { "id": "pgr-12294", "citation": "C-395-2003", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Application of Articles 3, 5, and 9 of the Indigenous Law in the transfer of reservations", "title_es": "Aplicación de los artículos 3, 5 y 9 de la Ley Indígena en el traspaso de reservas", "summary_en": "The Attorney General's Office clarifies the scope of the Constitutional Court's order to transfer the Boruca, Térraba, and Curré reservations to indigenous communities. It determines that non-indigenous owners or possessors in good faith —prior to the reservation's creation— must be relocated or expropriated with prior compensation, and the transfer does not affect their rights until that process is completed. Non-indigenous persons who entered after the declaration have no rights and must be evicted without compensation. Public roads and rivers, being public domain assets, must be reflected in the plans but cannot be registered in favor of private parties or the communities. The IDA could incur civil liability if it omits the possessory study and formalizes the transfer without addressing those rights, but the transfer itself does not automatically extinguish them.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "16/12/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12294.json", "html_url": "/legal/doc/pgr-12294", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12294&strTipM=T" }, { "id": "pgr-12299", "citation": "OJ-262-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Water Resources Bill — Constitutional analysis and recommendations", "title_es": "Proyecto de Ley del Recurso Hídrico — Análisis de constitucionalidad y recomendaciones", "summary_en": "The Attorney General's Office analyzes the Water Resources Bill (file 14.585) and proposes amendments. It emphasizes the public-domain nature of water resources as a cornerstone of State management and the need to incorporate the unity-of-the-hydrological-cycle principle (surface, ground and marine waters). It recommends modifying the legal definition of spring protection zones to respect legitimate property rights predating the public-domain designation. It questions the excessively large composition of the National Water Resources Council and recommends granting functional independence to the National Water Resources Directorate, making it the final administrative appellate body. The opinion addresses the concession regime, distinguishing it from authorizations to public entities, the protection of wetlands (stressing their public-domain character even when altered), and the need to preserve provisions of the existing Water Law that would be repealed, such as those on navigable rivers, accretions and registry annotations. It also suggests adjustments to the sanctions chapter.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "16/12/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-12299.json", "html_url": "/legal/doc/pgr-12299", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12299&strTipM=T" }, { "id": "pgr-12324", "citation": "OJ-006-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on reform of the Maritime Zone Law — island concessions", "title_es": "Opinión sobre reforma a la Ley de Zona Marítimo Terrestre — concesiones en islas", "summary_en": "The Attorney General’s Office issues a non-binding legal opinion on the bill to reform the Maritime Zone Law (file 13.898). The bill aims to promote tourism development along the coasts and on islands, but the PGR finds it unfavorable. The opinion objects to deleting the term 'permanently' in Article 5, which would extend permits and concessions to areas with intermittent marine coverage. It advises against removing legislative approval for islets and parts of islands, eliminating the three-month period for the ICT and INVU to resolve tourism requests, and excluding INVU from project approval. The PGR criticizes the bill’s delegation to the Executive Branch to define 'internal waters,' since the Constitutional Chamber has ruled that the inner limit of the territorial sea must be established by formal law, not by decree. The opinion concludes that the bill is incompatible with the constitutional reserve of law, environmental protection, and the safeguarding of public-domain assets.", "primary_topic_id": null, "topic_ids": [], "date": "19/01/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12324.json", "html_url": "/legal/doc/pgr-12324", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12324&strTipM=T" }, { "id": "pgr-12325", "citation": "C-018-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "INCOFER mining surplus commercialization consultation inadmissibility", "title_es": "Inadmisibilidad de consulta del INCOFER sobre comercialización de excedentes mineros", "summary_en": "The Attorney General's Office declared inadmissible the consultation submitted by the Costa Rican Railroad Institute (INCOFER) regarding the legal possibility of commercializing surplus materials extracted from a public waterway bed under a concession granted by MINAE. The opinion determined that the consultation did not meet the admissibility requirements of the Organic Law of the Attorney General's Office, as it did not involve a generic legal question and entailed the review of a specific administrative act, which would transform the advisory body into part of the active administration. Additionally, it was noted that the Directorate of Geology and Mines holds special jurisdiction to address such matters, so that entity should respond to INCOFER’s inquiry, with the possibility of subsequently consulting the Attorney General’s Office in case of interpretive doubts regarding mining regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/01/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12325.json", "html_url": "/legal/doc/pgr-12325", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12325&strTipM=T" }, { "id": "pgr-12347", "citation": "OJ-014-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal status of forests in the maritime terrestrial zone", "title_es": "Naturaleza jurídica de los bosques en la zona marítimo terrestre", "summary_en": "The Attorney General's Office analyzes whether forests located in the maritime terrestrial zone are part of the State's Natural Heritage. It concludes that they are, due to the immediate legal effect of the Forestry Law (Art. 13 and 14) over all national properties with forest resources, including those in the state public domain. It notes that protected wild areas within that zone are governed by their own legislation, not by Law 6043. It also clarifies that the forest classification under Article 15 is a verification act, not an act of designation, and that municipalities are prohibited from granting concessions over such forests.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "30/01/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12347.json", "html_url": "/legal/doc/pgr-12347", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12347&strTipM=T" }, { "id": "pgr-1235", "citation": "OJ-057-1996", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Critique of the Tourist Marina Concession Bill", "title_es": "Críticas al proyecto de Ley de Concesión y Funcionamiento de Marinas Turísticas", "summary_en": "The Attorney General's Office reviews the Tourist Marina Concession Bill (file 12.608) and raises substantive and formal objections. It argues that municipalities have poorly administered the maritime-terrestrial zone and recommends that a central office, such as the Ministry of Public Works and Transportation, process and grant concessions. It proposes retaining the participation of other agencies (ICT, INVU) not merely as advisors but as entities whose prior authorization is required. The opinion stresses that environmental impact studies should be mandatory even for small docks, that positive administrative silence must be expressly excluded for natural resources, and that restrictions on foreigners and relatives of municipal officials should mirror those in Law 6043. It criticizes the low annual fee, the lack of a requirement for an approved regulatory plan, and the absence of operational standards. Overall, the PGR urges deputies to amend the bill to strengthen the protection of maritime public domain and natural resources.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "11/09/1996", "year": "1996", "json_url": "/data/legal/docs/pgr-1235.json", "html_url": "/legal/doc/pgr-1235", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=1235&strTipM=T" }, { "id": "pgr-12351", "citation": "C-048-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Is the Municipal Council active administration under the Internal Control Law?", "title_es": "¿Es el Concejo Municipal administración activa según la Ley de Control Interno?", "summary_en": "The Attorney General's Office responds to an inquiry from the Municipality of Curridabat regarding the legal nature of the Municipal Council and its relationship with the Mayor under the General Internal Control Law. It analyzes the distinction between government and administration, concluding that both concepts interpenetrate and that exercising government does not preclude being considered Public Administration. It determines that the Municipal Council is active administration and the highest authority of the Municipality, thus it must review audit reports and order corresponding actions. The Mayor, also active administration and a sole authority, acts as the subordinate head for purposes of Article 37 of that law, being responsible for executing Council agreements and audit recommendations. It clarifies that the relationship between Council and Mayor is not one of simple hierarchical subordination, as the Mayor has a sphere of decision-making autonomy derived from popular election and legal powers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/02/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12351.json", "html_url": "/legal/doc/pgr-12351", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12351&strTipM=T" }, { "id": "pgr-12355", "citation": "C-004-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal license for access tunnel on restricted-access national highway", "title_es": "Licencia municipal para túnel de acceso en carretera nacional de acceso restringido", "summary_en": "The Attorney General's Office analyzes whether the access tunnel to the Terramall shopping center, built on the Florencio del Castillo Highway (National Route 2) and to be donated to the State, requires a municipal construction license and payment of the municipal construction tax. It determines that the Florencio del Castillo Highway is part of the National Road Network and is classified as a restricted-access highway under Executive Decree 29858-MOPT. Administration of this road corresponds to the Ministry of Public Works and Transport (MOPT), through the National Road Council (CONAVI), and not to the Municipality of La Unión. The Commission on Restricted and Semi-Restricted Access Highways is the competent body to authorize access points on this highway, and in this specific case it already granted the corresponding authorization. Therefore, the municipality has no authority to require a license or collect the construction tax for this work.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/01/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12355.json", "html_url": "/legal/doc/pgr-12355", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12355&strTipM=T" }, { "id": "pgr-12378", "citation": "OJ-024-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion denied due to missing municipal legal assessment", "title_es": "Imposibilidad de emitir criterio por omisión de la asesoría legal requerida", "summary_en": "The Attorney General's Office (PGR) declines to issue a substantive interpretation of Article 31(a) of the Water Law and Article 33(a) of the Forestry Law regarding spring protection zones and potential compensation. The requesting mayor failed to include a legal opinion from his own municipal legal department, as required by Article 4 of the PGR Organic Law. Without that foundational legal analysis, the PGR cannot render its opinion. However, it attaches a copy of Opinion OJ-064-2002, which discusses related issues such as the application of those articles, the meaning of 'national reserve' and 'protection areas,' and institutional responsibilities.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "26/02/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12378.json", "html_url": "/legal/doc/pgr-12378", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12378&strTipM=T" }, { "id": "pgr-12405", "citation": "C-063-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Validity of the reduced income tax rate for Banco Popular", "title_es": "Vigencia de la tarifa reducida del impuesto sobre la renta para el Banco Popular", "summary_en": "The Attorney General's Office analyzes whether Article 25 of Law No. 7293, which established a reduced 15% income tax rate for the Banco Popular y de Desarrollo Comunal, remains in force after the enactment of Law No. 7722. Law 7722 subjected various public institutions, including Banco Popular, to income tax and referred to the Income Tax Law (Law No. 7092) for matters not regulated therein. The Office concludes that there is a normative antinomy between the two provisions regarding the applicable rate, and applying chronological and teleological criteria, determines that Law 7722 implicitly repealed the previous rate benefit. Consequently, Banco Popular must pay tax at the general 30% rate established in Article 15 of Law 7092, unless a subsequent law provides otherwise.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/02/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12405.json", "html_url": "/legal/doc/pgr-12405", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12405&strTipM=T" }, { "id": "pgr-12406", "citation": "C-065-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of favorable nullity opinion due to procedural defects", "title_es": "Improcedencia del dictamen favorable de nulidad por vicios de procedimiento", "summary_en": "The Attorney General's Office (PGR) returns without a favorable opinion the administrative file against XXX, whereby the Municipality of Moravia sought to declare the absolute, evident, and manifest nullity of her appointment as Head of Human Resources. The PGR finds two serious formal defects: (1) the proceeding was conducted under the disciplinary procedure of Article 150 of the Municipal Code, instead of the ordinary procedure required by Articles 308 et seq. of the General Law of Public Administration (LGAP) for the nullity of acts that declare rights, and (2) the proceeding was initiated and directed by the Mayor and Vice-Mayor, rather than by the Municipal Council, which is the competent administrative hierarch under Article 173.2 of the LGAP. Since these requirements were not met, the PGR is unable to issue the requested favorable opinion, returns the file, and indicates that the annulment process must be conducted in accordance with the law before it can rule on the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/02/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12406.json", "html_url": "/legal/doc/pgr-12406", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12406&strTipM=T" }, { "id": "pgr-12418", "citation": "C-074-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Teaching licensure and administrative head as petitioner", "title_es": "Colegiatura docente y jerarca consultante", "summary_en": "The Attorney General's Office examines whether the Prosecutor of the Board of Directors of the College of Graduates and Teachers in Letters, Philosophy, Sciences and Arts may submit a query regarding the obligation of teacher registration when they simultaneously belong to another professional association. The query is declared inadmissible because the Organic Law of the PGR requires that the request be filed by the administrative head, not the Prosecutor. As there is no evidence of a Board's resolution authorizing the request, the query cannot be addressed. The opinion reaffirms the minimum admissibility requirements: submission by the administrative head, attachment of the legal advisor's opinion, and that the query involves generic legal issues without referring to specific cases. The opinion does not consider the merits of dual licensure, oversight of teaching activities by other professional bodies, or the permissibility of permanent withdrawal from the College.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/03/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12418.json", "html_url": "/legal/doc/pgr-12418", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12418&strTipM=T" }, { "id": "pgr-12448", "citation": "C-093-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Conditional nature of land use certificates in high flood risk zones", "title_es": "Carácter condicionado de los certificados de uso del suelo en zonas de alto riesgo por inundación", "summary_en": "The Attorney General clarifies that land use certificates are purely declaratory acts that certify the conformity of the current land use with the zoning regulations, without authorizing activities or creating rights. They cannot be issued conditioned on the fulfillment of technical recommendations. Likewise, construction permits and municipal licenses must strictly comply with the prohibitions established in the regulatory plan; internal regulations of the Municipality of Pérez Zeledón cannot create exceptions to the ban on urbanizing or building in areas designated as high flood risk.", "primary_topic_id": null, "topic_ids": [], "date": "19/03/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12448.json", "html_url": "/legal/doc/pgr-12448", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12448&strTipM=T" }, { "id": "pgr-12463", "citation": "C-103-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Selection of Faculty in Public University Colleges by Competitive Exam and Highest Score", "title_es": "Selección de docentes en colegios universitarios públicos mediante concurso y mayor puntaje", "summary_en": "This opinion addresses the procedure for appointing faculty at the Colegio Universitario de Cartago, a decentralized public entity governed by public employment law. The question is whether, after a competitive process and creation of an eligibility list, the Administration must select the candidate with the highest score or may form shortlists and choose the most suitable candidate at its discretion. The Attorney General's Office concludes that, due to its public nature, the employment relationship is subject to public law and the constitutional principles of merit (Articles 191 and 192 of the Constitution). The College's own Autonomous Work Regulations mandate that eligibility lists be drawn up in strict scoring order. Relying on prior opinion C-176-99, it holds that Article 83(c) of the Civil Service Statute (applied supplementarily) requires that educator appointments be made in descending order of scores, compelling selection of the highest-scoring candidate without discretion to pick from a shortlist.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/04/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12463.json", "html_url": "/legal/doc/pgr-12463", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12463&strTipM=T" }, { "id": "pgr-12473", "citation": "C-110-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Applicability of Article 33 Forestry Law protection areas to lagoons", "title_es": "Aplicabilidad de las áreas de protección del artículo 33 de la Ley Forestal a las lagunas", "summary_en": "The Attorney General's Office interprets Article 33 of the Forestry Law to determine whether lagoons, as wetland ecosystems, benefit from the same protection area as lakes and reservoirs. Through systematic interpretation, in accordance with Article 50 of the Constitution, it concludes that lagoons share characteristics with lakes and are lentic systems; therefore, the 50-meter protection area established in subsection c) of Article 33 applies to them. It clarifies that clearing or tree removal is prohibited within that zone, except for projects of national convenience. Regarding development in these areas, it notes that it must comply with Articles 42 et seq. of the Environmental Organic Law, including the requirement for an environmental impact assessment when the activity may damage ecosystems or interrupt natural wetland cycles.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575", "environmental-law-7554" ], "date": "16/04/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12473.json", "html_url": "/legal/doc/pgr-12473", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12473&strTipM=T" }, { "id": "pgr-12480", "citation": "C-120-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of reviewing a final report on a specific case", "title_es": "Improcedencia de revisar informe final sobre caso concreto", "summary_en": "The Attorney General's Office (PGR) rejects the consultation from the Municipal Council of Carrillo, which sought an opinion on the final report of the director of a summary administrative proceeding against Sol Chorotega S.A., due to failure to meet admissibility requirements for the advisory function. The PGR reiterates that its competence is limited to generic legal questions, not specific cases or the review of internal advisory reports or director reports. Specifically, the consultation must be submitted by the head of the entity, accompanied by the opinion of its legal advisor, and cannot substitute the active administration in resolving particular situations. The opinion cites Articles 4 and 5 of the PGR Organic Law and previous administrative jurisprudence (C-151-2002, C-299-2002, C-277-2002, C-378-2003, C-018-2003). It concludes that the Council's request is inadmissible because it addresses a specific case and attempts to make the PGR act as part of the active administration, thereby distorting its advisory role.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/04/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12480.json", "html_url": "/legal/doc/pgr-12480", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12480&strTipM=T" }, { "id": "pgr-12495", "citation": "OJ-046-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Acquisition of unregistered property within Manuel Antonio National Park", "title_es": "Adquisición de inmueble sin inscribir en Parque Nacional Manuel Antonio", "summary_en": "The Attorney General's Office issued a non-binding legal opinion on whether the Board of the Manuel Antonio National Recreational Park could acquire an unregistered 155-hectare parcel, allegedly private property, located within the Park boundaries. The inquiry arose because Law 8133 and its payment regulations did not expressly authorize the purchase of unregistered land. The Office clarified the confusion between 'información posesoria' (possessory information) and 'información para perpetua memoria' (perpetual memory information), emphasizing that the latter is insufficient to prove possessory rights against the State and lacks the judicial controls and safeguards of the special possessory proceeding. It concluded that the law does not forbid acquiring unregistered land – decade-long possessory rights are constitutionally protected – but the safe and appropriate means to prove them to the Administration is the possessory information proceeding, not the ad perpetuam proceeding. Regarding the specific case, it flagged numerous irregularities in the ad perpetuam proceeding, registry and mapping contradictions, and the possible statute of limitations on any compensation claim, thus advising against recognition of the claim.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "16/04/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12495.json", "html_url": "/legal/doc/pgr-12495", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12495&strTipM=T" }, { "id": "pgr-12502", "citation": "C-140-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Prerequisite procedure to request absolute nullity opinion of a municipal act", "title_es": "Procedimiento previo para solicitar dictamen de nulidad absoluta de acto municipal", "summary_en": "The Attorney General’s Office responds to the Municipality of Curridabat that it cannot issue the requested favorable opinion on the absolute, evident, and manifest nullity of an administrative act granting land use authorization and a commercial license. It states that before requesting such an opinion, the Administration must conduct an ordinary administrative procedure under Articles 308 et seq. of the General Public Administration Act, observing due process guarantees and the right of defense of the parties involved. Moreover, the Municipal Council is the competent body to appoint the Procedural Directing Body and to decide to forward the file to the Attorney General. It warns that the power of ex officio review expires in four years, a period suspended only by the final act of the procedure, and that omission of these formalities renders any subsequent annulment absolutely null.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "07/05/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12502.json", "html_url": "/legal/doc/pgr-12502", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12502&strTipM=T" }, { "id": "pgr-12509", "citation": "OJ-049-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "National Fishing Activity Trust — scope and constitutional limits", "title_es": "Fideicomiso de la Actividad Pesquera Nacional — alcances y límites constitucionales", "summary_en": "The Attorney General's Office issues its legal opinion on the substitute text of the bill «Creation of the National Fishing Activity Trust» (legislative file No. 15,061). It clarifies that its opinion is not binding on the Legislative Assembly and does not provide an article-by-article analysis, but rather general observations. It recalls the private contractual nature of trusts, governed by Articles 633 et seq. of the Commercial Code, and emphasizes that public administrative bodies may use this figure provided it does not entail delegation of governmental powers. It identifies several issues that could raise constitutional or legality problems: limiting beneficiaries to nationals might violate the principle of equality (Article 33 of the Constitution); the requirement to disclose private information touches on the inviolability of private documents (Article 24 of the Constitution); and the reference to Article 45 of Law No. 7384, which excludes sport fishing, while the bill speaks of national fishing activity in general. It also notes gaps and omissions in the articles: lack of requirements for members of the Trust Committee, the Auditor, and the Executive Director; absence of grounds for incompatibility, removal, and responsibilities; and formal defects such as missing titles and the incorrect name of a law. The opinion stresses the need to clearly define the purpose of the trust and the obligations of each party to avoid conflicts with the principle of legality.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/04/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12509.json", "html_url": "/legal/doc/pgr-12509", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12509&strTipM=T" }, { "id": "pgr-12517", "citation": "C-144-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Admissibility requirements for internal audit consultations", "title_es": "Requisitos de admisibilidad de consultas de auditorías internas", "summary_en": "The Attorney General's Office declares inadmissible the consultation by the Internal Auditor of the Municipality of Heredia regarding which professionals are authorized to conduct municipal appraisals. The inadmissibility is grounded on two reasons: 1) the legal opinion of the Municipality's Legal Advisory Office was not provided—a requirement that, although the reform to Article 4 of the PGR Organic Law waives, must be met when the query is not directly related to the auditor's competencies or when the advisory office could resolve the matter; 2) the query does not demonstrate a connection to the internal control and Public Treasury functions legally assigned to internal auditors. The PGR reaffirms that auditors must first resort to the entity's legal advisory office and that their consultation power is not unrestricted.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/05/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12517.json", "html_url": "/legal/doc/pgr-12517", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12517&strTipM=T" }, { "id": "pgr-12527", "citation": "C-133-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "MINAE authority for plan approvals, certifications and authorizations concerning protected areas", "title_es": "Competencia del MINAE en visado de planos, certificaciones y autorizaciones sobre áreas protegidas", "summary_en": "The Attorney General's Office responds to a SINAC consultation regarding MINAE's authority for plan approvals, certifications and cadastral registration in protected wild areas. The opinion concludes that MINAE lacks authority to set protection area alignments under the Forestry Law, which falls exclusively to INVU. It reaffirms MINAE's power to issue certifications on property location in protected areas under the Possessory Information Law, Property Tax Law and Mining Code, as well as to authorize cadastral plan registration in such areas. Certifications are acts of knowledge not involving imperium and can be delegated to ministerial units like OFAU through autonomous regulation. In contrast, cadastral registration authorization is an act of will affecting private rights, non-delegable to subordinate offices and reserved for the SINAC superior. Inclusion of complementary data in certifications is allowed if objective and reliable, to protect the State's natural heritage. The opinion also confirms the unconstitutionality of the Land Titling in National Reserves Law and advises on inter-institutional coordination and the limits of administrative certification and authorization powers.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "04/05/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12527.json", "html_url": "/legal/doc/pgr-12527", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12527&strTipM=T" }, { "id": "pgr-12568", "citation": "C-183-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Absolute nullity not evident and manifest for personnel actions granting 3.5% seniority bonus at CICAD", "title_es": "Improcedencia de la nulidad absoluta evidente y manifiesta sobre acciones de personal que reconocieron anualidad del 3.5% en CICAD", "summary_en": "The Attorney General's Office analyzes whether to declare the absolute, evident and manifest nullity of several personnel actions from the former CICAD that granted an employee a 3.5% seniority bonus. The Administration argued this percentage violated Articles 4 and 5 of the Public Administration Salary Law (1.94%) and was wrongly based on Article 15 of Law 6995. After reviewing the file and applicable law, the PGR concludes: (1) three challenged actions do not fit the Administration's legal framework, so there is no basis to annul them; (2) the three actions that do cite Law 6995 refer to a complex regulatory chain (Law 6835, salary scale, Civil Service Directorate resolutions) that prevents characterizing the defect as evident and manifest. Thus, it denies the favorable opinion and recommends the Administration first conduct a general proceeding to determine the legality of the percentage paid to CICAD officials, correcting it prospectively.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/06/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12568.json", "html_url": "/legal/doc/pgr-12568", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12568&strTipM=T" }, { "id": "pgr-12602", "citation": "C-162-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal nature of the Plaza de la Democracia and maintenance obligations", "title_es": "Naturaleza jurídica de la Plaza de la Democracia y obligaciones de mantenimiento", "summary_en": "The Attorney General's Office partially reconsiders its opinion C-402-2003 and holds that the Plaza de la Democracia is not a patrimonial asset of the National Museum, but a public domain asset of the State intended for public use. It concludes that, although open for transit and recreation by all, the plaza does not serve local but national purposes —the celebration of the Costa Rican democratic system— and therefore its maintenance and upkeep do not constitute a municipal public service. Consequently, the Municipality of San José is not obligated to care for, clean, or maintain the plaza; those responsibilities fall on the National Museum as registered owner. Municipal garbage collection remains applicable to any property in the canton.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/05/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12602.json", "html_url": "/legal/doc/pgr-12602", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12602&strTipM=T" }, { "id": "pgr-12604", "citation": "OJ-080-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Arbitration and vehicle technical inspection tariff setting", "title_es": "Arbitraje y fijación tarifaria de revisión técnica vehicular", "summary_en": "The Attorney General's Office examines whether the Public Transport Council can submit disputes over vehicle technical inspection tariff setting with the Riteve S y C Consortium to arbitration. It concludes that tariff setting is an exclusive, non-waivable, and non-transferable public power of the State, and therefore cannot be subject to arbitration. It recognizes that the Council, as a deconcentrated body with instrumental legal personality, has capacity to be a party in arbitration, but matters involving public powers are excluded. It recommends the Council design a tariff adjustment mechanism, respecting real costs and the contract's economic balance, and comply with the Constitutional Chamber's order in ruling 2004-03741.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/06/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12604.json", "html_url": "/legal/doc/pgr-12604", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12604&strTipM=T" }, { "id": "pgr-12605", "citation": "C-211-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to render opinion on absolute, evident and manifest nullity of a commercial license and land-use permit due to grave procedural defects", "title_es": "Imposibilidad de dictaminar sobre nulidad absoluta, evidente y manifiesta de patente y uso de suelo por vicios procedimentales graves", "summary_en": "The Attorney General's Office declines to issue a favorable opinion to the Municipality of Moravia regarding the declaration of absolute, evident and manifest nullity of a land-use permit and commercial license granted to a citizen, due to substantial procedural defects. It notes that the Municipal Council's agreement initiating the procedure did not frame it as a nullity procedure under Article 173 of the General Public Administration Law, but only as an investigation. Furthermore, there was no identity between the charges notified and the final resolution, uncertified photocopies were used as evidence, and the administrative file was incomplete. The Office also reiterates that the power to annul must be exercised within the four-year expiration period, and that the competent body to initiate the procedure is the Municipal Council, not the Mayor. It conditions any future opinion on the correction of the defects and compliance with the deadline.", "primary_topic_id": null, "topic_ids": [], "date": "29/06/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12605.json", "html_url": "/legal/doc/pgr-12605", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12605&strTipM=T" }, { "id": "pgr-12637", "citation": "OJ-093-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutionality of Decree 31750-MINAE-TUR on Ecotourism in MTC Forest Areas", "title_es": "Constitucionalidad del Decreto 31750-MINAE-TUR sobre ecoturismo en bosques de la ZMT", "summary_en": "The Attorney General's Office, responding to the unconstitutionality action against Decree 31750-MINAE-TUR, argues that the decree contains constitutional defects. The Decree regulates ecotourism in forested areas of the maritime terrestrial zone (MTC) designated by MINAE, but in doing so it transfers to municipalities the authority to grant concessions over the State's Natural Heritage (PNE), which is MINAE's exclusive competence and contrary to Article 13 of the Forestry Law and Article 73 of Law 6043. It also allows tree felling and forest harvesting in protected wildlands, prohibited by the Forestry Law, and permits buildings up to three stories high and uses of space that may cause environmental damage. The Attorney General's Office believes that by omitting regulation for other PNE areas outside the MTC, it breaches the principles of reasonableness, proportionality, and equality. It concludes that the Decree harms the fundamental right to a healthy and ecologically balanced environment, enshrined in Article 50 of the Constitution.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "19/07/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12637.json", "html_url": "/legal/doc/pgr-12637", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12637&strTipM=T" }, { "id": "pgr-12649", "citation": "OJ-092-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Inter-company authorizations to access pesticide registration data", "title_es": "Autorizaciones entre empresas para acceder a datos de registro de plaguicidas", "summary_en": "The Attorney General's Office analyzes whether it is legally acceptable for a company to authorize another to use the supporting data from a pesticide registration as a reference, so that the latter can register a new product. The opinion distinguishes two aspects: access to public and confidential information held by the State Phytosanitary Service, and the use of such information for registration purposes. It concludes that a company may authorize another to access non-disclosed or confidential information in the Registry, provided the authorization is clear and express. However, such information cannot be submitted by the authorized party to meet new registration requirements, because each registration procedure demands the presentation of its own studies and analyses, unless expressly exempted by regulation. The opinion is non-binding and advisory in nature.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/07/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12649.json", "html_url": "/legal/doc/pgr-12649", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12649&strTipM=T" }, { "id": "pgr-12650", "citation": "C-220-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Positive silence for municipal subdivision permits and public areas", "title_es": "Silencio positivo en visado municipal de fraccionamientos y áreas públicas", "summary_en": "The Attorney General's Office analyzes whether administrative positive silence (tacit approval) applies when a municipality fails to respond to requests for subdivision permits under Article 33 of the Urban Planning Law, and for the transfer of public areas. It concludes that a subdivision permit for private lots can indeed be obtained through positive silence if all legal requirements are met and the procedure of Law 8220 is followed. However, positive silence does not apply to requests involving public areas (public domain property) or to the acceptance of public works and areas, since their incorporation into the public domain requires an express administrative act. The acceptance of public areas is a formal act of the municipal council that must be express, and only after this acceptance can the developer sell lots and obtain the Article 33 permit for private lots. It clarifies that approval of construction plans does not replace the subdivision permit nor imply automatic transfer of public areas.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "05/07/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12650.json", "html_url": "/legal/doc/pgr-12650", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12650&strTipM=T" }, { "id": "pgr-12655", "citation": "C-225-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Collection of fines and interest for late payment of concession fees in the maritime-terrestrial zone", "title_es": "Cobro de multas e intereses por atraso en el pago del canon de concesión en zona marítimo terrestre", "summary_en": "The Attorney General's Office partially reconsiders opinion C-111-2001 and clarifies that the concession fee in the maritime-terrestrial zone does not have a tax nature but is a consideration for the use of public domain property. Based on this distinction, it determines that it is not appropriate to apply fines for late payment of the fee, since the sanction provided in Article 53 of the Maritime-Terrestrial Zone Law is the cancellation of the concession. However, the collection of interest is appropriate, given its compensatory rather than punitive nature. This interest must be calculated according to the basic passive rate of the Central Bank of Costa Rica for national currency operations, by supplementary application of Article 497 of the Commercial Code. The fine regime of the Tax Code is deemed inapplicable to non-tax obligations and to municipalities exercising their sanctioning powers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/07/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12655.json", "html_url": "/legal/doc/pgr-12655", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12655&strTipM=T" }, { "id": "pgr-12661", "citation": "C-227-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of absolute nullity declaration of a judicial council decision limiting retroactive recovery of overpaid pension amounts", "title_es": "Improcedencia de declaratoria de nulidad absoluta de acuerdo que limitó cobro retroactivo de sumas percibidas de más por jubilado judicial", "summary_en": "The Attorney General's Office analyzes whether the Superior Council of the Judiciary's Decision No. 73-02 of October 1, 2002, which limited the retroactive recovery of overpayments to a former judicial employee due to a double cost-of-living adjustment in his pension, is absolutely, obviously, and manifestly null under Article 173 of the General Public Administration Law. It concludes that no favorable opinion can be issued because the alleged defect is neither obvious nor evident: the act that caused the overpayment (the double application of the adjustment) has not been annulled, so there is no legal basis to consider null the decision that limited retroactive recovery. Additionally, it notes that the administrative procedure was flawed because the directing body was appointed by the Superior Council rather than the Full Court, the hierarch of the Judiciary, a defect to be considered in future cases.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/07/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12661.json", "html_url": "/legal/doc/pgr-12661", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12661&strTipM=T" }, { "id": "pgr-12702", "citation": "C-264-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Demarcation of the public zone by the National Geographic Institute: exclusive and non-delegable power", "title_es": "Demarcación de la zona pública por el Instituto Geográfico Nacional: potestad exclusiva e indelegable", "summary_en": "The Attorney General's Office examines whether the National Geographic Institute (IGN) may authorize third parties—municipalities or private surveyors—to carry out the demarcation and monumentation of the public zone of the maritime-terrestrial zone under Article 11 of its Law No. 59 of 1944. The opinion concludes that such authorization is not legally permissible because the demarcation of the public zone involves the exercise of an administrative power of domanial self-protection, which is regulated, non-waivable, and exclusively vested in IGN; it cannot be transfered to private individuals. Delegating this function would constitute an improper transfer of public duties and would be contrary to the principle of reasonableness, since IGN would have to repeat the work in order to review and approve it, thereby increasing costs. Additionally, the material inability of IGN to perform the tasks is neither justified nor proven. Consequently, Legal Opinion O.J.-113-2000, which had suggested this possibility, is reconsidered ex officio. The opinion reinforces the need for official demarcation as a prerequisite for granting concessions in the restricted zone and for guaranteeing public use and protection of the 50-meter coastal strip.", "primary_topic_id": null, "topic_ids": [], "date": "09/09/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12702.json", "html_url": "/legal/doc/pgr-12702", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12702&strTipM=T" }, { "id": "pgr-12735", "citation": "C-263-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Procedure for declaring absolute, evident, and manifest nullity of a university degree: flaws preventing issuance of an opinion", "title_es": "Procedimiento para declarar nulidad absoluta evidente y manifiesta de un título universitario: vicios que impiden emitir dictamen", "summary_en": "The Attorney General's Office analyzed the request of the University Council of the National University to issue an opinion on the absolute, evident, and manifest nullity of a bachelor's degree granted in 2001. The administrative procedure conducted contained serious flaws: the affected party was not properly informed of the nature and purposes of the procedure, article 173 of the General Law of Public Administration was not mentioned, confusion was created with the possibility of a declaration of harmfulness, and the minimum 15-day advance notice for the oral and private hearing was not met, among other defects. Additionally, irregularities were noted in notifications and in the inclusion of evidence. The Attorney General's Office concluded that, due to violations of due process and the right of defense, it could not issue the requested opinion until the Administration corrected those flaws. It also reminded that the annulment power under article 173 is subject to a four-year expiration period, which in this case would expire on April 5, 2005.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/09/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12735.json", "html_url": "/legal/doc/pgr-12735", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12735&strTipM=T" }, { "id": "pgr-12760", "citation": "C-294-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Integration and appointment of the directing body in municipal administrative procedures", "title_es": "Integración y nombramiento del órgano director en procedimientos administrativos municipales", "summary_en": "The Attorney General's Office addresses the Municipality of Santa Bárbara regarding the composition and appointment of the directing body in municipal administrative procedures. It analyzes the competencies of the Municipal Council and the Mayor, emphasizing that both perform administrative functions and that the power to appoint the directing body lies with the deciding body — the one competent to issue the final act of the procedure. If the decision falls to the Council, it may conduct the investigation itself, delegate it to its secretary, or, exceptionally and with proper justification, to a third party. If the Mayor is the deciding authority, he has greater freedom, able to appoint municipal officials or outsiders. Regarding the participation of officials from other ministries, there is no prohibition against confidential employees serving on a directing body, provided this does not impair efficient public service delivery, subject to potential restrictions under the Anti-Corruption Law. However, employees under exclusive dedication regimes may not serve on a directing body in a different entity if this requires exercising the profession covered by their exclusive dedication contract.", "primary_topic_id": null, "topic_ids": [], "date": "15/10/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12760.json", "html_url": "/legal/doc/pgr-12760", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12760&strTipM=T" }, { "id": "pgr-12775", "citation": "OJ-118-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Validity of Legislative Decree LXV of 1888 on the inalienable zone of Barba Volcano", "title_es": "Vigencia del Decreto Legislativo LXV de 1888 sobre zona inalienable del Volcán Barba", "summary_en": "The Attorney General's Office analyzes whether Legislative Decree LXV of July 30, 1888, which declared inalienable a two-kilometer-wide strip on each side of the crest of the Barba Volcano mountain from Zurquí Hill to Concordia Hill, is still in force. It concludes that it has not been expressly or tacitly repealed, since subsequent laws (General Law of Vacant Lands of 1939, Land and Colonization Law of 1961) reiterate the protection of that area and do not contain contradictory provisions. Currently, the zone is mostly within the Braulio Carrillo National Park, although uncertainty remains about the exact location of Concordia Hill. This opinion is non-binding and constitutes a legal opinion, as the Legislative Assembly is not subject to the admissibility requirements for consultations with the Attorney General's Office.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "27/09/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12775.json", "html_url": "/legal/doc/pgr-12775", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12775&strTipM=T" }, { "id": "pgr-12805", "citation": "C-297-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Unconstitutionalities of Decree 31750-MINAE-TUR on ecotourism in maritime-terrestrial zone forests and administration of these areas", "title_es": "Inconstitucionalidades del Decreto 31750-MINAE-TUR sobre ecoturismo en bosques de la zona marítimo terrestre y administración de dichas áreas", "summary_en": "The Attorney General's Office addresses two queries from MINAE. On the first, it concludes that Decree 31750-MINAE-TUR has multiple unconstitutional flaws: it improperly delegates to municipalities the administration and granting of concessions over State Natural Heritage in the maritime-terrestrial zone, violating Forestry Law and Law 6043; it allows tree felling and forest use in Protected Wild Areas, contrary to legal prohibitions; it authorizes land-use change and environmental damage; it regulates only maritime-terrestrial zone forests, violating principles of reasonableness, proportionality, and equality; and it merges divergent planning (Regulatory Plans and Management Plans). These flaws reach constitutional significance by affecting the right to a healthy environment (Article 50). On the second question, it reaffirms that administration of forests on the maritime-terrestrial zone belongs to MINAE, and municipalities are barred from granting concessions on them.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "subdivision-fraccionamiento", "forestry-law-7575", "property-and-titling" ], "date": "19/10/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12805.json", "html_url": "/legal/doc/pgr-12805", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12805&strTipM=T" }, { "id": "pgr-12807", "citation": "C-317-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Declining to Issue Opinion on Dual-Office Incompatibility at the Montes de Oca Cantonal Sports Committee", "title_es": "Omisión de criterio sobre incompatibilidad de cargos en el Comité Cantonal de Deportes de Montes de Oca", "summary_en": "The inquiry concerns the legality of paying overdue salaries to an official of the Montes de Oca Cantonal Sports Committee who simultaneously holds the roles of Board President and Administrative Manager, a situation deemed incompatible by the Municipal Internal Audit. The Procuraduría declines to issue an opinion, arguing that the consultation involves a specific case pending administrative decision and relates to internal control and public fund management—matters within the exclusive competence of the General Comptroller of the Republic. It reiterates that its opinions are limited to abstract analysis of norms and principles and cannot substitute the active administration in specific decisions, urging the Committee to seek guidance from municipal legal advisors or the Comptroller itself.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/11/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12807.json", "html_url": "/legal/doc/pgr-12807", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12807&strTipM=T" }, { "id": "pgr-12816", "citation": "C-323-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Validity of the decree creating the Tivives Protective Zone vis-à-vis the Caldera port reserve zone", "title_es": "Validez del decreto de creación de la Zona Protectora de Tivives frente a la zona de reserva portuaria de Caldera", "summary_en": "The Attorney General's Office examines whether Executive Decree 17.023-MAG, which established the Tivives Protective Zone, lost force or validity in light of Law 5582 (Caldera port reserve zone) and its amendments. It holds that the conflict between the law and the decree is one of validity, not repeal. It concludes that, under the principle of normative hierarchy, the decree would be invalid for subjecting to the forestry regime lands already designated by law for a different public purpose (port construction). However, in mandatory compliance with Constitutional Chamber precedent 2004-08928 (Isla San Lucas), the decree is deemed valid, since the Chamber allows protected areas to be established by decree on lands with a preexisting legal purpose, in development of Article 50 of the Constitution. It also applies precedent 07294-98, requiring technical studies to reduce protected areas, and states that the 1999 reform ordering a municipal regulatory plan would be unconstitutional as it implies an unjustified reduction of the protective zone.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "08/11/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12816.json", "html_url": "/legal/doc/pgr-12816", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12816&strTipM=T" }, { "id": "pgr-12823", "citation": "C-335-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to issue opinion on bill pending before the Legislative Assembly", "title_es": "Imposibilidad de consultar sobre proyecto de ley ante la Asamblea Legislativa", "summary_en": "The Office of the Attorney General declines to issue an opinion on the bill for the Public Services Company of Alajuela. The request fails to meet two admissibility requirements: it did not include the legal opinion of the municipal legal department, as required by Article 4 of the Organic Law of the Attorney General, and the matter is already under consideration by the Legislative Assembly. The Office reiterates that consultations must be made by the administrative head and accompanied by an internal legal study, and that it respects the constitutional powers of Parliament; therefore, it may not issue any pronouncement while the bill is under legislative review, unless expressly requested by the legislative body.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/11/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12823.json", "html_url": "/legal/doc/pgr-12823", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12823&strTipM=T" }, { "id": "pgr-12843", "citation": "C-346-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nullity of IDA agreement for adjudication in border zone", "title_es": "Nulidad de acuerdo del IDA por adjudicación en zona fronteriza", "summary_en": "The Attorney General's Office analyzes the request from the Agrarian Development Institute (IDA) to administratively declare the absolute, evident, and manifest nullity of a board agreement that in 2000 transferred parcels of the Chambacú settlement to private individuals. The investigation determined that both adjudicated properties lie within the two-thousand-meter northern border strip, an area declared inalienable and imprescriptible by Article 7 of the Land and Colonization Law. Because the land is a public domain asset, the Attorney General concludes that the four-year expiration period of Article 173.5 LGAP does not apply, and the act is absolutely null for lacking lawful content. The opinion finds the administrative annulment admissible, as due process was respected and the location of the properties on public domain land is fully proven.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "25/11/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12843.json", "html_url": "/legal/doc/pgr-12843", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12843&strTipM=T" }, { "id": "pgr-12863", "citation": "C-353-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Procedure to annul liquor license transfer is flawed", "title_es": "Procedimiento para anular traslado de patente de licores viciado", "summary_en": "The Municipality of Matina requested the Attorney General's Office to approve a favorable opinion to declare the absolute, evident, and manifest nullity of municipal agreements that transferred a liquor license. The Attorney General's Office found substantial defects in the administrative procedure that prevented issuing such an opinion. First, the Municipal Council delegated the procedure's instruction to three persons other than the Municipal Secretary, without properly justifying this exception, in violation of Article 90(e) of the General Public Administration Law. Second, there was inconsistency between the procedure's purpose as defined by the Council—to determine the legal status of national liquor license No. 60—and the actions of the examining body, which transformed it into a nullity procedure while also confusing a national liquor license with a foreign liquor license. These defects violate due process and the principle of notification (intimación), rendering the Attorney General's Office unable to issue a favorable opinion. Additionally, the opinion notes the tacit repeal of the distinction between national and foreign liquor licenses under GATT and Law 7472.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/11/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12863.json", "html_url": "/legal/doc/pgr-12863", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12863&strTipM=T" }, { "id": "pgr-12868", "citation": "OJ-173-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Tourism concessions on Paseo de los Turistas — applicable regime", "title_es": "Concesiones turísticas en el Paseo de los Turistas — régimen aplicable", "summary_en": "The PGR clarifies that Law 6043 does not apply in coastal cities like Puntarenas, so its Article 76 and Laws 4071 and 4558/4928 are not the legal basis for tourism concessions on the Paseo de los Turistas. For tourist marinas, Law 7744 applies and does not require a public bidding process, except via supplementary reference to Article 57 of the 6043 Regulation. For lease of commercial premises, the Public Procurement Law 7494 governs, which does require a public bidding process.", "primary_topic_id": null, "topic_ids": [], "date": "14/12/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12868.json", "html_url": "/legal/doc/pgr-12868", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12868&strTipM=T" }, { "id": "pgr-12879", "citation": "C-368-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Participation of National Forestry Office members on the FONAFIFO Board of Directors", "title_es": "Participación de miembros de la Oficina Nacional Forestal en la Junta Directiva de FONAFIFO", "summary_en": "The National Forestry Office consulted the Attorney General's Office on whether Article 18 of the Law Against Corruption and Illicit Enrichment in Public Service (Law 8422) amended or repealed Article 48 of the Forestry Law (7575), thereby preventing its Board members from also sitting on the Board of the National Forestry Financing Fund (FONAFIFO). The Attorney General's Office analyzed the legislative history of Law 8422 and concluded that Article 18 refers exclusively to boards of private companies, not public bodies. It determined that the anti-corruption provision aims to prevent conflicts of interest when private entities receive grants, donations, or transfers from the State, not when they engage in financial transactions such as FONAFIFO credits or payments for environmental services. Consequently, Article 18 of Law 8422 did not amend or repeal Article 48 of the Forestry Law, and members of the National Forestry Office may legally serve on FONAFIFO's Board.", "primary_topic_id": null, "topic_ids": [], "date": "06/12/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12879.json", "html_url": "/legal/doc/pgr-12879", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12879&strTipM=T" }, { "id": "pgr-12891", "citation": "OJ-178-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opposition to the removal of Isla Chira from public domain", "title_es": "Oposición a la desafectación del dominio público de la Isla Chira", "summary_en": "The Attorney General's Office opposes the bill seeking to remove Isla Chira from public domain and reduce its maritime-terrestrial zone to 200 meters. It argues the proposal is detrimental because it would harm the island's natural and cultural heritage—including important mangroves, forests, watersheds, and archaeological sites—and eliminate the protection afforded by the public domain regime. It finds no overriding public interest that justifies declassification and holds that the reform contradicts international environmental obligations and the constitutional right to a healthy environment (Article 50). It warns that the bill would worsen the situation of local fishers rather than help them, by exposing them to land loss.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "23/12/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12891.json", "html_url": "/legal/doc/pgr-12891", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12891&strTipM=T" }, { "id": "pgr-12892", "citation": "OJ-179-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Water Resources Bill — scope of public domain over springs and protection areas", "title_es": "Proyecto de Ley del Recurso Hídrico — alcance de la demanialidad de fuentes y áreas de protección", "summary_en": "The Office of the Attorney General reviews the substitute text of the Water Resources Bill (file 14.585) and provides specific observations. It recalls that the public-domain character of lands surrounding springs dates back to Law No. 11 of 1926 (prior to the 1942 Water Law), so the bill should reflect that precedent. It recommends including intermittent springs within the public domain, since the proposed definition only covers permanent outflows. It questions the navigability criterion for rivers based solely on tides and suggests correcting the terminology from “Hydrological Plans” to “Water Plans.” It warns of gaps in the regulation of aquifer recharge areas, the environmental discharge levy, buffer zones, and the need for MINAE certification to prevent concessions within protected wild areas. It also notes a formal cross-referencing error in article 118 and a serious lack of protection for vegetation within a 100-meter radius around springs.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "23/12/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12892.json", "html_url": "/legal/doc/pgr-12892", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12892&strTipM=T" }, { "id": "pgr-12896", "citation": "C-372-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Prerequisites for declaring the absolute nullity of a municipal liquor-license-transfer agreement", "title_es": "Requisitos previos a la declaratoria de nulidad absoluta de un acuerdo municipal de traspaso de patente de licores", "summary_en": "The Attorney General's Office responds to the inquiry from the Mayor of Matina regarding the Municipal Council's intent to declare the absolute, evident, and manifest nullity of Agreement No. 4 from Regular Session 37 of September 24, 2002, which authorized the transfer of a liquor license. The Office notes that the documentation submitted is incomplete: procedural acts and the resolution of a prior review motion filed by the affected party are missing. It therefore refrains from issuing the requested favorable opinion (dictamen). It instructs that, before resubmitting the case file with the request under Article 173 of the General Public Administration Law, the Municipality must conduct the ordinary administrative procedure under Articles 308 et seq. of that law, guaranteeing due process and the right of defense. It enumerates detailed requirements: individualized communication of the procedure's purpose, access to the file, oral hearing with fifteen days' notice, right to representation and counsel, reasoned decisions, adequate notification, and recognition of the right to appeal. It also warns that the power to review administrative acts ex officio expires four years after the act was adopted, a non-interruptible deadline. Finally, it requires the resolution of the prior review motion to be provided.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/12/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12896.json", "html_url": "/legal/doc/pgr-12896", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12896&strTipM=T" }, { "id": "pgr-12917", "citation": "C-013-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Expiration of the Term to Annul a Rights-Creating Act Under Article 173 of the LGAP", "title_es": "Caducidad del plazo para anular acto declaratorio de derechos según el Art. 173 LGAP", "summary_en": "The Attorney General's Office examines the Ministry of Finance's request for a favorable opinion to declare the absolute, evident, and manifest nullity of Resolution RES-AUT-DGA-106-2000 and derived acts, which authorized an individual as a customs agent assistant. The PGR concludes that it cannot issue such an opinion because the four-year expiration period under Article 173(5) of the General Public Administration Law elapsed on March 16, 2004, four years after the main act. It stresses that this period is one of caducidad (expiration, not subject to interruption or suspension) and its expiration extinguishes the Administration's power to annul rights-creating acts. Additionally, procedural defects are noted, such as the failure to precisely notify the affected party of the derivative acts (intimación/imputación) and the presence of uncertified photocopies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/01/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-12917.json", "html_url": "/legal/doc/pgr-12917", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12917&strTipM=T" }, { "id": "pgr-12941", "citation": "OJ-172-2004", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Validity of Laws 35 and 166 regarding the maritime terrestrial zone in Cahuita and Puerto Viejo", "title_es": "Vigencia de las leyes 35 y 166 sobre la zona marítimo terrestre en Cahuita y Puerto Viejo", "summary_en": "The Attorney General's Office responds to a query from the Integral Development Association of Puerto Viejo-Talamanca regarding the validity of Laws No. 35 (1915) and No. 166 (1935), which allowed the allocation of coastal lots in Cahuita and Puerto Viejo. The Office declares the query inadmissible because associations are private entities not entitled to request binding opinions, but issues a non-binding legal opinion based on prior ruling C-062-89. It concludes that both laws were rendered void by the enactment of the Maritime Terrestrial Zone Law No. 6043 (1977), a public-order statute that impliedly repealed them by not exempting them and establishing an incompatible regime of inalienable state ownership over the 200-meter coastal strip. Only property titles duly registered in the name of private individuals prior to Law 6043 are recognized as vested rights. The opinion further clarifies that Cahuita and Puerto Viejo do not qualify as coastal cities excluded from Law 6043 because they are not canton capitals.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "13/12/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12941.json", "html_url": "/legal/doc/pgr-12941", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12941&strTipM=T" }, { "id": "pgr-12944", "citation": "OJ-004-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Declassification and titling of land in the maritime zone of Cahuita and Puerto Viejo", "title_es": "Desafectación y titulación de terrenos en la zona marítimo terrestre de Cahuita y Puerto Viejo", "summary_en": "The Attorney General issues a negative opinion on a bill seeking to declare the towns of Cahuita and Puerto Viejo as urban areas and allow titling of maritime zone land to occupants. It concludes that the laws that originally assigned these lands to settlers are repealed by the Maritime Zone Law 6043, which is of public order and establishes the inalienability and imprescriptibility of these public domain assets. Only property rights duly registered before Law 6043 are respected, not mere expectations. It clarifies that neither Cahuita nor Puerto Viejo are coastal cities, the only category exempt from the law's application. The opinion warns of potential unconstitutionality for violating equality, reasonableness, and proportionality principles, and for failing to protect environmental public domain goods. It also notes that declassification would require approval by the full Legislative Assembly.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "12/01/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-12944.json", "html_url": "/legal/doc/pgr-12944", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12944&strTipM=T" }, { "id": "pgr-12953", "citation": "C-339-2004", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Ecotourism Activities under Article 18 of the Forestry Law", "title_es": "Labores de ecoturismo en el artículo 18 de la Ley Forestal", "summary_en": "The Attorney General's Office defines 'ecotourism' under Article 18 of Forestry Law No. 7575, distinguishing it from other nature-based tourism by its focus on conservation, environmental education, and local community benefits. It identifies ecological trails, interpretation paths, nature classrooms, and interpretation centers as ecotourism activities. Supporting infrastructure must be rustic, low-impact, and preferably located on the periphery of protected areas, without involving tree felling, forest exploitation, or land-use change. The opinion stresses that not all protected wild areas can receive visitors and that the viability of ecotourism projects depends on each area's conservation objectives, respecting carrying capacity, zoning, and specific legal restrictions, including the prohibition of concessions for private buildings in non-essential services under the Biodiversity Law.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788", "environmental-law-7554" ], "date": "17/11/2004", "year": "2004", "json_url": "/data/legal/docs/pgr-12953.json", "html_url": "/legal/doc/pgr-12953", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12953&strTipM=T" }, { "id": "pgr-12991", "citation": "OJ-012-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Urban Area Declaration for Cahuita and Puerto Viejo", "title_es": "Declaratoria de área urbana de Cahuita y Puerto Viejo", "summary_en": "This opinion examines a bill to declare the towns of Cahuita and Puerto Viejo as urban areas, relying on Laws 35 of 1915 and 166 of 1935 which once permitted titling of land in the maritime-terrestrial zone. The Attorney General’s Office concludes that those laws were implicitly repealed by the Maritime-Terrestrial Zone Law 6043, a public-order statute that established the inalienable public domain of the State over the 200-meter coastal strip. Only property rights perfected before Law 6043 are protected, not mere expectations. It clarifies that Cahuita and Puerto Viejo are not 'coastal cities' under Law 6043, a term reserved for canton seats. The opinion warns that the bill presents constitutional flaws: it would undermine environmental public goods, violate principles of equality, reasonableness and proportionality, and allow titling of public-domain lands through possessory information proceedings—contrary to inalienability and imprescriptibility. Finally, it states that any disaffectation would require approval by the full Legislative Assembly, as it constitutes an indirect alienation of State assets.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "21/01/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-12991.json", "html_url": "/legal/doc/pgr-12991", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12991&strTipM=T" }, { "id": "pgr-12993", "citation": "OJ-027-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on the Bill for Land Titling in Border Zones", "title_es": "Opinión sobre el proyecto de Ley de Titulación de Terrenos en las Zonas Fronterizas", "summary_en": "The Attorney General's Office issues a legal opinion on Bill No. 14,681, which seeks to title lands in Costa Rica's border zones. It concludes that the initiative is unconstitutional, legally unfeasible, and contrary to the national public interest. The opinion argues that the bill would allow titling of lands within the State Natural Heritage, including the Northern Border Corridor National Wildlife Refuge, without proper technical justification or prior studies, violating the precautionary principle and Article 50 of the Constitution, which guarantees the right to a healthy environment. It also notes that the law would affect indigenous territories, breaching ILO Convention 169 by not conducting prior consultation, and would jeopardize national security by reducing the inalienable border strip from two kilometers to fifty meters. The Attorney General recommends rejecting the bill and suggests alternatives such as concessions or use permits on lands suitable for agricultural activities.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "art-50-constitution", "indigenous-law-6172" ], "date": "17/02/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-12993.json", "html_url": "/legal/doc/pgr-12993", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=12993&strTipM=T" }, { "id": "pgr-13004", "citation": "C-075-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to issue opinion due to defects in procedure to annul an administrative act", "title_es": "Imposibilidad de emitir dictamen por vicios en procedimiento de nulidad de acto propio", "summary_en": "The Attorney General's Office (PGR) refrains from issuing the mandatory legal opinion requested by the Superior Council of the Judiciary regarding the possible absolute, evident, and manifest nullity of a Council agreement. The PGR identifies serious procedural defects that prevent proceeding: the Council's resolution that initiated the procedure did not establish it to declare nullity, but rather to investigate whether the act was detrimental; the directing body exceeded that mandate; the affected party was not notified of a resolution addressing his exceptions; and the administrative file is improperly foliated. Additionally, the PGR recalls that the annulment power under Article 173 of the General Public Administration Act must be exercised within a four-year limitation period, which cannot be interrupted. The PGR conditions its opinion on the correction of these defects and respect for that time limit.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/02/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13004.json", "html_url": "/legal/doc/pgr-13004", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13004&strTipM=T" }, { "id": "pgr-13016", "citation": "C-082-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Due process in preliminary phase of municipal audit reports", "title_es": "Debido proceso en fase preliminar de informes de auditoría municipal", "summary_en": "The Attorney General's Office analyzes whether due process must be guaranteed to alleged wrongdoers mentioned in internal audit reports before the Municipal Council approves the creation of a Directing Body for the Administrative Procedure. The inquiry is submitted by the Acting Internal Auditor of the Municipality of Curridabat. The Attorney General's Office declines to process the inquiry because it does not meet the admissibility requirements for internal auditors: the matter does not clearly fall within the internal audit's competencies, and no information is provided on the opinion of the municipal legal advisor. Nevertheless, as a courtesy, extensive case law of the Constitutional Chamber is cited establishing that preliminary investigations, such as audit reports, are a preliminary phase to disciplinary proceedings in which full due process is not required; due process only applies from the formal initiation of the procedure with the creation of the Directing Body.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/02/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13016.json", "html_url": "/legal/doc/pgr-13016", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13016&strTipM=T" }, { "id": "pgr-13034", "citation": "C-089-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Unfavorable opinion on absolute and manifest nullity of pension benefit", "title_es": "Dictamen desfavorable sobre nulidad absoluta y manifiesta de beneficio jubilatorio", "summary_en": "The Attorney General's Office declines to issue a favorable opinion to annul a former employee's pension benefit. It finds that the administrative procedure conducted by the Ministry of Labor and Social Security violated due process: the affected party was not properly informed of the purpose and scope of the procedure, was not personally notified of the initial decision, and the alleged nullity does not meet the strict standard of absolute, evident, and manifest nullity required by Article 173 of the General Public Administration Law. Moreover, the benefit was annulled without first obtaining the mandatory favorable opinion from the Attorney General's Office. Since resolving the nullity requires interpretive analysis, it must be declared by a judge in a lesividad proceeding. The opinion is unfavorable and the file is returned without approval.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/03/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13034.json", "html_url": "/legal/doc/pgr-13034", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13034&strTipM=T" }, { "id": "pgr-13039", "citation": "C-104-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Real estate tax payment by BANHVI on trust-held properties", "title_es": "Pago del impuesto sobre bienes inmuebles por el BANHVI respecto de bienes fideicometidos", "summary_en": "The Attorney General's Office analyzes whether real estate properties owned by the Banco Hipotecario de la Vivienda (BANHVI) and held in trust by entities of the National Financial System for Housing (SFNV) are subject to the real estate tax. It concludes that, despite the general tax exemption granted to BANHVI in its enabling law (Law 7052), this exemption does not cover the real estate tax created by Law 7509 of 1995, because the 1992 reform of Article 63 of the Tax Code (Law 7293) limited exemptions to taxes existing before its effective date. Since BANHVI is a non-state public entity, it does not fit the exemptions in Article 4 of Law 7509; therefore, its properties, including those held in trust, are subject to the tax. Mutual savings and loan associations are excepted because their exemption was reaffirmed by Law 7558, enacted after Law 7509.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/03/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13039.json", "html_url": "/legal/doc/pgr-13039", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13039&strTipM=T" }, { "id": "pgr-13044", "citation": "OJ-006-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Registration of properties bordering the Pacific Ocean and the maritime-terrestrial zone in Bahía Junquillal, Guanacaste", "title_es": "Inscripción de fincas colindantes con el Océano Pacífico y la zona marítimo terrestre en Bahía Junquillal, Guanacaste", "summary_en": "This opinion analyzes the registration of two properties in the Canton of La Cruz, Guanacaste (numbers 15230 and 40073), whose recorded boundaries describe them as bordering the Pacific Ocean. A detailed historical review of the cadastral and registry background reveals that both properties illegally include portions of the maritime-terrestrial zone, which has been public domain land since 1828 and is inalienable and imprescriptible. The Attorney General’s Office identifies defects in the original inscriptions, which may invalidate private ownership of those areas. It recommends further investigation for possible judicial actions to recover the public domain, which are not subject to statutes of limitations. The opinion lays groundwork for corrective litigation.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "14/01/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13044.json", "html_url": "/legal/doc/pgr-13044", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13044&strTipM=T" }, { "id": "pgr-13045", "citation": "OJ-007-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Public domain status of mangroves, estuaries, and maritime-terrestrial zone in Playa Hermosa properties", "title_es": "Afectación demanial de manglares, esteros y zona marítimo terrestre en fincas de Playa Hermosa", "summary_en": "The Attorney General's Office analyzed the registration of two properties in Playa Hermosa, Puntarenas, which include maritime-terrestrial zone, estuaries, and mangroves. Through a historical cadastral and registry study, it concludes that the 200-meter maritime-terrestrial zone adjacent to the Tusubres River estuary was already public domain before the titles were issued, so it could not be validly included in the properties. Mangroves and estuaries, due to their public domain nature, also could not become private property, even if they appear in surveys or registry entries. The Attorney General considers these inclusions illegitimate and announces it will file legal actions to correct the registrations, as public domain is imprescriptible.", "primary_topic_id": "property-and-titling", "topic_ids": [ "water-law", "property-and-titling" ], "date": "14/01/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13045.json", "html_url": "/legal/doc/pgr-13045", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13045&strTipM=T" }, { "id": "pgr-13050", "citation": "C-093-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Allocation of FODESAF funds for elderly care", "title_es": "Asignación de recursos del FODESAF para atención de ancianos", "summary_en": "The PGR interprets subsection d) of Article 3 of the Social Development and Family Allowances Law (FODESAF), which allocates funds for the care of elderly persons in institutions. It determines that, although the provision does not explicitly name an institution, the funds must be channeled through state programs and services, as mandated by Article 3. It analyzes the competence of the Ministry of Health under the General Health Law and the Comprehensive Law for Older Adults, concluding that it is the competent body to oversee such care. Therefore, FODESAF resources for this purpose must finance programs and services executed by the Ministry of Health, within the framework of the National Development Plan and coordinated by the Directorate General of Social Development (DESAF). Direct administration by CONAPAM or other entities under this specific rule is rejected.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/03/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13050.json", "html_url": "/legal/doc/pgr-13050", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13050&strTipM=T" }, { "id": "pgr-13057", "citation": "C-108-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Enforceability of Tax and Customs Tribunal rulings during lesividad proceedings", "title_es": "Ejecutividad de resoluciones del Tribunal Aduanero y TFA durante proceso de lesividad", "summary_en": "The Attorney General's Office examines whether the State must comply with a ruling by the National Customs Tribunal or the Tax Administrative Tribunal ordering a refund while a judicial lesividad action to annul that ruling is underway. It concludes that those tribunal rulings are administrative acts that carry enforceability (ejecutividad) and self-executing power (ejecutoriedad). The mere filing of a lesividad lawsuit does not suspend their effects; a suspension requires an exceptional court order under Article 91 of the Contentious-Administrative Jurisdiction Law. The declaration of lesividad is only a procedural prerequisite for bringing suit and does not void or stay the ruling. Therefore, the Administration must immediately execute the payment ordered, and if the ruling is later annulled, it must seek recovery through ordinary collection mechanisms.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/03/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13057.json", "html_url": "/legal/doc/pgr-13057", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13057&strTipM=T" }, { "id": "pgr-13058", "citation": "C-109-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Opinion on requirements for declaring evident and manifest nullity in public procurement", "title_es": "Dictamen sobre nulidad absoluta evidente y manifiesta en contratación administrativa", "summary_en": "The Attorney General's Office analyzes the request by the procedure's directing body to render the favorable opinion required to declare the absolute, evident, and manifest nullity of the resolution through which the Board of the National Printing Office awarded the purchase of a three-sided guillotine. It determines that the request cannot be granted for three reasons: first, the conducting of an ordinary administrative procedure with participation of the awarded company was not credited; second, the request for the opinion was not made by the competent body (the Board) but by the directing body; and third, since the matter relates to public procurement, the authority to issue the opinion belongs to the Comptroller General's Office under Article 173.1 of the General Public Administration Act. The opinion also warns about the need to clearly identify the act to be annulled, not to mix nullity with disciplinary investigations, and to ensure joint action by a collegiate directing body.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/03/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13058.json", "html_url": "/legal/doc/pgr-13058", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13058&strTipM=T" }, { "id": "pgr-13072", "citation": "C-122-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Ministerial authorization for property acquisition by Manuel Antonio National Park", "title_es": "Autorización ministerial para adquisición de inmuebles por el Parque Nacional Manuel Antonio", "summary_en": "The Attorney General's Office responds to an inquiry from the Board of the Manuel Antonio National Recreational Park on whether the Minister of Environment and Energy's authorization is needed to acquire private properties within the protected area. It concludes that, although the Board is a maximum deconcentrated body with instrumental legal personality, the formalization of purchase deeds by the State Notary requires prior authorization from the respective Minister, as per Article 4, section 5 of the Internal Work Regulations of the Attorney General's Office. This is not a limitation on the Board's capacity but an internal requirement of the Attorney General's Office for executing acts on behalf of the State. It clarifies that the natural heritage of the State is administered by MINAE, and properties within national parks may be acquired by voluntary purchase or expropriation.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554", "property-and-titling" ], "date": "01/04/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13072.json", "html_url": "/legal/doc/pgr-13072", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13072&strTipM=T" }, { "id": "pgr-13074", "citation": "C-118-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to issue opinion due to flaws in nullity procedure", "title_es": "Imposibilidad de emitir dictamen por vicios en procedimiento de nulidad", "summary_en": "The Attorney General's Office refuses to issue the opinion requested by the Supreme Electoral Tribunal on the nullity of a birth registration due to procedural flaws. It notes that the opening act failed to identify the rights-creating act to be annulled or the grounds for absolute, evident, and manifest nullity. It also points to an illegal subdelegation of the Electoral Inspector's authority to the Deputy Inspector, in violation of Article 90(b) of the General Public Administration Law and the principle of legality. The Attorney General conditions its opinion on the correction of these flaws and on compliance with the four-year statute of limitations of Article 173 LGAP.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/03/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13074.json", "html_url": "/legal/doc/pgr-13074", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13074&strTipM=T" }, { "id": "pgr-13075", "citation": "C-120-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Feasibility of departing from or denouncing the Juan Santamaría Airport trust following Comptroller report", "title_es": "Posibilidad de apartarse o denunciar fideicomiso del Aeropuerto Juan Santamaría ante informe de Contraloría", "summary_en": "The Directorate General of Civil Aviation inquired whether it could depart from or denounce the trust contract for the Juan Santamaría International Airport, managed by the Bank of Costa Rica, due to alleged irregularities in the distribution of income by the operator. The Attorney General's Office (PGR) declined to issue a substantive opinion, arguing that the matter had already been audited by the Comptroller General's Office (CGR), which had issued a report with mandatory instructions on how trust resources were to be managed. The PGR held that issuing an opinion under these circumstances would constitute an improper interference with the CGR's constitutional oversight powers. It further stated that any doubts about the execution or content of the CGR report should be resolved by the CGR itself, either through its advisory function or its compliance verification role. The PGR also noted that the consultation was inadmissible because the legal opinion from CETAC's legal advisory had not been submitted in support of the petition.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/04/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13075.json", "html_url": "/legal/doc/pgr-13075", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13075&strTipM=T" }, { "id": "pgr-13104", "citation": "OJ-042-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Scope of Administrative Procurement on Puntarenas Tourist Promenade and Coastal Landscape Protection", "title_es": "Alcance de la contratación administrativa en el Paseo de los Turistas de Puntarenas y tutela del paisaje costero", "summary_en": "This legal opinion addresses a legislator's query on whether Articles 2 and 41 of the Administrative Procurement Law apply to the lease of undeveloped land on the Paseo de los Turistas in Puntarenas. The Attorney General's Office conducts an extensive historical-legal analysis of the city, concluding that these lands, along with those of the Paseo León Cortés and the southern beach, are designated for common public use as seaside promenades and open spaces, thus precluding lease or concession. It grounds this in Law 1309 of 1951, the Urban Planning Law, the Water Law, and constitutional protection of landscape and natural beauty. The opinion sua sponte modifies prior criteria on the leasing of built-up land and on marinas in the estuary, reaffirming the protection of the coastal landscape as a safeguarded legal interest and the prohibition of private uses that degrade it.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "water-law" ], "date": "31/03/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13104.json", "html_url": "/legal/doc/pgr-13104", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13104&strTipM=T" }, { "id": "pgr-13108", "citation": "C-138-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on responsibilities for a municipal fair", "title_es": "Inadmisibilidad de consulta sobre responsabilidades en feria municipal", "summary_en": "The Office of the Attorney General (Procuraduría General de la República) rules inadmissible the consultation submitted by the legal advisor of the Municipal Council of Orotina regarding the management of public funds at the 1999 National Fruit Fair. The opinion explains that the consultation did not meet the admissibility requirements set forth in the Organic Law of the Attorney General's Office (Law No. 6815). Specifically, it was found that the Municipal Council improperly delegated its power to formulate the consultation to the legal advisor, and the attached legal opinion lacked the minimum technical-legal content required, consisting merely of personal views without reference to legislation or case law. The Office reiterates that consultations must concern generic legal questions, not specific cases, and that it is not its role to substitute for the active administration or to review the internal legal opinion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/04/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13108.json", "html_url": "/legal/doc/pgr-13108", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13108&strTipM=T" }, { "id": "pgr-13114", "citation": "C-150-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Term and scope of incentives under Tourism Development Incentive Law", "title_es": "Plazo y alcance de los incentivos en los contratos turísticos", "summary_en": "The Attorney General’s Office analyzes whether Tourism Development contracts under Law 6990 may be indefinite, whether incentives cover the operational phase of projects, and whether they apply to activities such as hotel restaurants, kayaking, rafting, or sport fishing. It concludes that incentives constitute a temporary privilege regime limited to the period necessary to consolidate the project, and may not permanently finance business operations. The Administration must set a reasonable term in each contract. Hotel incentives do not cover restaurants open to the public, since the legislature expressly excluded gastronomic services. Kayaking, rafting, and sport fishing are not covered as incentivized aquatic transportation, and granting benefits would circumvent the legal prohibition on incentivizing sport fishing. It recommends reforming the regulation on tourist watercraft for including vessels for activities not covered by the law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/04/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13114.json", "html_url": "/legal/doc/pgr-13114", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13114&strTipM=T" }, { "id": "pgr-13122", "citation": "OJ-050-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legislative reform to exempt eight Gulf of Nicoya islands from congressional concession approval", "title_es": "Reforma legal para eximir aprobación legislativa de concesiones en ocho islas del Golfo de Nicoya", "summary_en": "The Attorney General's Office analyzes bill 15.665, which sought to amend Articles 5, 37, and 42 of the Maritime Zone Law to eliminate the requirement of legislative approval (under Article 42, third paragraph) for concessions on eight islands in the Gulf of Nicoya: Chira, Bejuco, Venado, Caballo, Jesusita, Cedros, Alcatraz, and Tolinga. The PGR concludes that the initiative is inadvisable and recommends its rejection. It argues that legislative approval is a mechanism for reviewing legality, timeliness, and convenience that safeguards strategic national public interests, as well as environmental and cultural values. The opinion highlights the islands' significant natural resources (mangroves, forests, wetlands) and rich archaeological heritage, and warns that removing legislative oversight would weaken their protection, violating Articles 50 and 89 of the Constitution and various international instruments. It also recalls serious deficiencies found in prior concessions on Isla Caballo, which only legislative scrutiny brought to light.", "primary_topic_id": "property-and-titling", "topic_ids": [ "archaeological-heritage-6703", "property-and-titling" ], "date": "26/04/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13122.json", "html_url": "/legal/doc/pgr-13122", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13122&strTipM=T" }, { "id": "pgr-13128", "citation": "OJ-056-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Development association lacks standing to consult on wildlife refuge", "title_es": "Improcedencia de consulta de asociación de desarrollo sobre refugio de vida silvestre", "summary_en": "The Attorney General's Office declares inadmissible the consultation from the Integral Development Association of Manzanillo regarding the administration of the Gandoca-Manzanillo National Wildlife Refuge, as it is a private entity lacking standing to request legal opinions. However, due to the environmental implications, it reiterates its criterion that National Wildlife Refuges are equivalent reserves excluded from the Maritime Zone Law, under the administration of SINAC-MINAE. The Attorney General cannot replace the active administration in matters of its competence. It notes that the Municipal Council of Talamanca has also consulted on the refuge, which will be addressed once formal defects are corrected.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "04/05/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13128.json", "html_url": "/legal/doc/pgr-13128", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13128&strTipM=T" }, { "id": "pgr-13134", "citation": "OJ-054-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Approval of the Cartagena Protocol on Biosafety of LMOs", "title_es": "Aprobación del Protocolo de Cartagena sobre bioseguridad de OVM", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on the bill to approve the Cartagena Protocol on Biosafety. It analyzes the national regulatory framework on genetically modified organisms (GMOs), noting that the main regulation lies in the Phytosanitary Protection Law (7664) and its regulations, which create the Technical Biosafety Commission to authorize plant GMOs, while animal GMOs lack similar specific regulation. It also mentions the Biodiversity Law (7788) and CONAGEBIO, as well as rules on access to genetic resources. The opinion highlights that the Protocol fills a legal gap by regulating the transboundary movement of LMOs, establishing mechanisms such as the Advance Informed Agreement, risk assessment, and labeling, incorporating the precautionary principle. It concludes that the Protocol develops constitutional principles of environmental and public health protection (arts. 50 and 21 of the Constitution).", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "art-50-constitution" ], "date": "03/05/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13134.json", "html_url": "/legal/doc/pgr-13134", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13134&strTipM=T" }, { "id": "pgr-13138", "citation": "C-166-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on prompt justice in a municipal fair case", "title_es": "Inadmisibilidad de consulta sobre justicia pronta en caso de feria municipal", "summary_en": "The Office of the Attorney General of the Republic rules the consultation submitted by the legal advisor of the Municipal Council of Orotina inadmissible, as it fails to meet the requirements of the PGR Organic Law. The request was not made directly by the administrative head but delegated to the legal advisor, no substantive legal opinion was attached, and a specific case was identified (the criminal file for the losses of the 1999 National Fruit Fair), instead of posing an abstract legal question. The PGR reiterates that its advisory function is limited to matters of abstract legal interpretation and does not include reviewing internal legal opinions or pronouncing on specific ongoing cases.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/05/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13138.json", "html_url": "/legal/doc/pgr-13138", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13138&strTipM=T" }, { "id": "pgr-13144", "citation": "C-161-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Attorney General's lack of jurisdiction over INCOFER administrative contracting", "title_es": "Incompetencia de la Procuraduría para dictaminar sobre contratación administrativa del INCOFER", "summary_en": "The Attorney General's Office declines jurisdiction to issue the mandatory opinion requested by the Costa Rican Railway Institute (INCOFER) under Article 173 of the General Public Administration Law for annulling contracts due to evident and manifest absolute nullity. The opinion holds that, since the matter involves contract extensions within administrative contracting, exclusive and prevailing competence belongs to the Comptroller General under Articles 12 and 29 of its Organic Law, Articles 3, 22, and 23 of the Administrative Contracting Law, and Article 173 itself. The requesting entity is reminded to follow ordinary administrative procedure with due process, a four-year expiration period, and the binding nature of the Comptroller's opinion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13144.json", "html_url": "/legal/doc/pgr-13144", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13144&strTipM=T" }, { "id": "pgr-13146", "citation": "C-172-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Absolute nullity of municipal construction value reduction by city council", "title_es": "Nulidad absoluta de reducción de valores de construcción por Concejo Municipal", "summary_en": "The Attorney General's Office analyzes the request from the Municipality of Tibás to issue an opinion on the possible absolute, evident, and manifest nullity of Agreement II of Ordinary Session No. 182 of August 7, 2001, by which the Municipal Council reduced the value per square meter of concrete housing construction and similar by 50%, and wood construction by 75%. The PGR rejects the request for failing to meet admissibility requirements under Article 173 of the General Law of Public Administration: failure to demonstrate a prior ordinary administrative proceeding granting due process to beneficiaries, the request must come from the competent body (the Municipal Council, not the Mayor), and failure to identify specific acts that created subjective rights, given the challenged agreement is general in nature and does not identify beneficiaries. The PGR reiterates its consistent view that without a prior proceeding and individualization of rights-creating acts, a favorable opinion cannot be issued.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/05/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13146.json", "html_url": "/legal/doc/pgr-13146", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13146&strTipM=T" }, { "id": "pgr-13175", "citation": "C-203-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "PGR Lacks Jurisdiction to Review CETAC’s Concrete Actions and Tax Liability of Trustee", "title_es": "Incompetencia de la Procuraduría para revisar actuaciones concretas del CETAC y responsabilidad tributaria del fiduciario", "summary_en": "The Office of the Attorney General (PGR) declares it lacks jurisdiction to rule on the specific actions taken by CETAC, the Oversight Body, and the trustee regarding the income tax payment of a former employee. It reiterates that its advisory role is preventive, not revisory, and cannot assess the legality of already-made decisions or concrete cases with identifiable subjects. Additionally, it recalls that a trust is an autonomous estate liable only for its own taxes, not for those of the parties or employees. The trustee acts as a tax responsible party and may serve as a withholding agent, incurring joint liability if it fails to withhold or withholds less than the due amount.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/05/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13175.json", "html_url": "/legal/doc/pgr-13175", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13175&strTipM=T" }, { "id": "pgr-13184", "citation": "C-199-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Interpretation of Art. 27 Forestry Law: cutting permits on agricultural land", "title_es": "Interpretación del Art. 27 Ley Forestal: permisos de corta en terrenos agropecuarios", "summary_en": "The Attorney General's Office analyzes Article 27 of Forestry Law No. 7575, which regulates permits for cutting trees on agricultural land without forest. It concludes that the law establishes a single type of permit: a maximum of three trees per hectare may be cut annually. The difference lies in the competent authority: the Regional Environmental Council grants the permit when the cut does not exceed ten trees per property, and the State Forestry Administration (AFE) when it exceeds that number. It is not possible to authorize more than three trees per hectare on such land. Regarding the calculation, the opinion states that the maximum is obtained by multiplying the number of hectares of agricultural use by three, but leaves it to the technical discretion of the administration to determine whether cutting must be done hectare by hectare or globally, as the law does not specify.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "23/05/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13184.json", "html_url": "/legal/doc/pgr-13184", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13184&strTipM=T" }, { "id": "pgr-13209", "citation": "OJ-070-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Extension of the Tourist Marina Law to coastal cities and use of former railway in Golfito", "title_es": "Ampliación de la Ley de Marinas Turísticas a ciudades costeras y uso de exvía férrea en Golfito", "summary_en": "The Attorney General's Office analyzes bill 15,868, which aims to extend the Tourist Marina Concession and Operation Law to all coastal cities and change the use of a railway section in Golfito and railway yards in Puntarenas. It finds no impediment for the Legislative Assembly to change the purpose of the railway property if it is no longer in service. However, it notes that extending the law to coastal cities requires specifying suitable areas, especially in Puntarenas, where the Estero is part of the State's Natural Heritage and the seaside promenades are dedicated to public use and protected under the Constitution for their scenic beauty. It warns that concessions cannot be granted in wetlands or areas that affect the landscape and common use of the beach, and that marinas do not qualify as ecotourism under Article 18 of the Forestry Law.", "primary_topic_id": null, "topic_ids": [ "landscape-protection" ], "date": "03/06/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13209.json", "html_url": "/legal/doc/pgr-13209", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13209&strTipM=T" }, { "id": "pgr-13220", "citation": "OJ-078-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Comprehensive Health Law Reform — Constitutional doubts on reproductive health, prior censorship, and legal reservation", "title_es": "Reforma integral a la Ley General de Salud — dudas de constitucionalidad sobre salud reproductiva, censura previa y reserva de ley", "summary_en": "The Attorney General’s Office reviews the substitute text of the bill for a Comprehensive Health Law Reform (legislative file 15.499). It identifies drafting issues and constitutional doubts: the term 'ente rector' must be 'órgano rector' (arts. 2, 292); mandatory health data reporting to the Ministry does not violate privacy if constitutional limits are respected (art. 5). The assignment of comprehensive care of addictions to the CCSS (art. 26) is analyzed regarding its constitutional autonomy; no violation found, but an inconsistency with art. 41 is noted. Articles on sexual and reproductive rights (44, 45) need precision about legal age. Regarding reproductive health, arts. 51 (pregnancy termination), 52 (emergency contraception), and 55 (assisted reproduction) raise serious constitutional doubts given the protection of life from conception and the Constitutional Chamber’s case law. Article 238, conditioning school enrollment on vaccination certificates, is a disproportionate restriction of the right to education. Articles 327 and 328 on dissemination of health information could infringe the prohibition of prior censorship. The generic criminal provision in art. 435 is incompatible with the principle of legality. Legal reservation is required for the functions of the National Council for Health Research (arts. 67-68).", "primary_topic_id": null, "topic_ids": [], "date": "14/06/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13220.json", "html_url": "/legal/doc/pgr-13220", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13220&strTipM=T" }, { "id": "pgr-13278", "citation": "OJ-096-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Illegality of Privately Financed Coastal Regulatory Plans", "title_es": "Improcedencia de planes reguladores costeros financiados por particulares", "summary_en": "The Attorney General's Office examines whether municipalities and the Costa Rican Tourism Institute (ICT) may approve coastal regulatory plans financed by private parties with economic interests in the beaches. It concludes that territorial planning is a public function, and the preparation of such plans involves the exercise of administrative powers that cannot be delegated to private individuals. Although technical aspects may be supported by other entities, land-use policy definition must come from the administration. It is therefore not legally permissible for a coastal regulatory plan to be prepared, contracted, and paid for by private parties and subsequently approved by the municipality or ICT, as this would amount to waiving an inalienable public power.", "primary_topic_id": null, "topic_ids": [], "date": "14/07/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13278.json", "html_url": "/legal/doc/pgr-13278", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13278&strTipM=T" }, { "id": "pgr-13291", "citation": "C-249-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nullity of ruling PU-C-D-211-2004 on commercial use in industrial zone", "title_es": "Anulabilidad del oficio PU-C-D-211-2004 sobre uso comercial en zona industrial", "summary_en": "The Attorney General's Office examines whether ruling PU-C-D-211-2004 issued by INVU's Urban Planning Directorate —stating that a restaurant could be authorized on the periphery of the Coris Industrial Zone— constitutes a rights-declaring act subject to the nullity procedure under Article 173 of the General Public Administration Act. It concludes that the ruling is merely a preparatory procedural act, not a rights-declaring act, since it does not create, modify or extinguish legal situations; the construction permit and land-use approval were granted by the Municipality of Cartago in prior and independent acts. Therefore, Article 173 does not apply, and no favorable opinion is issued. The PGR further notes that even if the ruling were rights-declaring, the administrative procedure initiated by INVU violated due process by failing to include the beneficiary company Oleajes Sabrosos S. A. as a party, rendering any annulment attempt absolutely null.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/07/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13291.json", "html_url": "/legal/doc/pgr-13291", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13291&strTipM=T" }, { "id": "pgr-13292", "citation": "C-255-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Competence of the CNC to carry out appraisals in expropriations for road concessions", "title_es": "Competencia del CNC para realizar avalúos en expropiaciones de concesiones viales", "summary_en": "The Attorney General's Office analyzed whether the National Concessions Council (CNC) may conduct administrative appraisals in expropriation proceedings required for highway concession projects where the granting authority is the Executive Branch. It concluded that the CNC lacks such competence because the General Concessions Law does not expressly assign it this function; instead, it fully submits to the Expropriations Law regarding procedure. Under that law, the appraisal must be performed by the specialized appraisal unit of the MOPT or, if none exists, by the Direct Taxation Directorate. However, if the MOPT's specialized unit faces resource shortages, the CNC may – via an inter-institutional agreement – supply the necessary personnel and resources to carry out appraisals tied to concession projects, by hiring them under regular public employment or under Article 67 of the Administrative Contracting Law.", "primary_topic_id": null, "topic_ids": [], "date": "15/07/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13292.json", "html_url": "/legal/doc/pgr-13292", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13292&strTipM=T" }, { "id": "pgr-13294", "citation": "C-263-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Dismissal of DGTCC consultation for lack of hierarchical standing", "title_es": "Rechazo de consulta de la DGTCC por falta de legitimación jerárquica", "summary_en": "The Office of the Attorney General determined that the General Directorate of Fuel Transportation and Commercialization (DGTCC) of MINAE lacks the hierarchical standing required to submit binding consultations under Article 4 of its Organic Law. The inquiry asked whether RECOPE could sell fuel to 'direct clients' and whether ARESEP could set prices for those buyers, given that direct clients are not public service concessionaires. The Attorney General analyzed the DGTCC's competencies, concluding that no statutory devolution of authority had occurred: its functions remain preparatory and advisory, subordinated to the Minister of Environment and Energy. Since only the Minister or Vice-Minister can request a binding opinion from the advisory body, the consultation was dismissed for failing to meet admissibility requirements. The opinion underscores that sovereign powers—such as granting permits and concessions—can only be conferred by statute.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/07/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13294.json", "html_url": "/legal/doc/pgr-13294", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13294&strTipM=T" }, { "id": "pgr-13312", "citation": "C-277-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Absolute nullity in municipal market-stall procedure and directing body", "title_es": "Nulidad absoluta en procedimiento municipal sobre local de mercado y órgano director", "summary_en": "The Attorney General's Office addresses a consultation from the Municipality of Pérez Zeledón regarding the possible declaration of absolute, evident, and manifest nullity of acts concerning stall 15 of the Municipal Bus Terminal and Market. The PGR analyzes the public-domain nature of municipal markets as demanial goods, which excludes application of the four-year limitation period under Article 173(5) of the General Public Administration Law. However, it identifies substantial flaws in the administrative procedure: the directing body was improperly composed of three municipal council members, in violation of Article 90(e) of the LGAP, which only permits delegation of the instructional phase to the municipal secretary or exceptionally to an ad hoc secretary. Additionally, the case file lacks a council resolution ordering the opening of the procedure with clear identification of the contested act and the grounds for the alleged nullity. Given these unaddressed defects, the PGR finds itself unable to issue the binding opinion requested under Article 173 of the LGAP.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/08/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13312.json", "html_url": "/legal/doc/pgr-13312", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13312&strTipM=T" }, { "id": "pgr-13321", "citation": "OJ-121-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Transfer of Ojo de Agua Spa and the Public Domain Nature of its Waters", "title_es": "Traspaso del Balneario de Ojo de Agua y naturaleza demanial de sus aguas", "summary_en": "The Office of the Attorney General analyzes Legislative Bill 15.347 regarding the transfer of the Ojo de Agua Spa to ESPH and the Municipality of Belén. It notes that the property and the spring are public domain assets under the Water Law and Land Law, and that their public domain status is not automatically modified by the transfer. It warns that the bill contains imprecisions about the legal nature of the asset, especially by subjecting it to condominium property regime and limiting its disposal to 99 years, which could be interpreted as de-publicizing. It recommends expressly reaffirming the public domain nature of the spring, clarifying the administration of the nationalized aqueduct, and ensuring that use of the asset remains subject to public law controls, given possible management by a commercial company.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "_off-topic" ], "date": "09/08/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13321.json", "html_url": "/legal/doc/pgr-13321", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13321&strTipM=T" }, { "id": "pgr-13324", "citation": "OJ-120-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Protection of the maritime-terrestrial zone through registry qualification", "title_es": "Protección de la zona marítimo terrestre mediante calificación registral", "summary_en": "The Attorney General's Office issues an opinion on two circulars from the National Registry concerning registry qualification and the alleged lack of competence of the Attorney General in this matter. It concludes that the Registry and Cadastre have a constitutional and legal duty to protect the public maritime-terrestrial zone by preventing the registration of documents that illegally include areas of this public domain. It reaffirms its competence to interpret norms applicable to registry qualification in the abstract, without replacing the Registrar in specific cases. It finds that the circulars fail to fulfill the protective purpose of the coastal public domain by not establishing safeguards against improper appropriations, and therefore recommends their review and modification.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "09/08/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13324.json", "html_url": "/legal/doc/pgr-13324", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13324&strTipM=T" }, { "id": "pgr-13332", "citation": "C-285-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inapplicability of Police Law insurance to environmental inspectors", "title_es": "Inaplicabilidad de la póliza de la Ley General de Policía a inspectores ambientales", "summary_en": "The Attorney General's Office responds to a query from the Ministry of Environment on whether inspectors vested with police authority under the Forestry Law and Wildlife Law may receive the occupational hazard insurance benefit granted to members of the Public Force under the General Police Law. It analyzes that Law 7410 exhaustively defines which police forces are responsible for public security and sets requirements for entry and appointment under that law and its regulations. Although MINAE inspectors hold authority to exercise control and oversight, their regime is governed by their own laws, not the General Police Law. Therefore, they are not members of police forces protected by that law. It concludes that the State may not take out such insurance on their behalf, and other mechanisms must be sought to cover the risks they face in exercising their duties.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "08/08/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13332.json", "html_url": "/legal/doc/pgr-13332", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13332&strTipM=T" }, { "id": "pgr-13333", "citation": "OJ-106-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Forestry tax reform and technical clarifications on the levy", "title_es": "Reforma del impuesto forestal y precisiones técnicas del tributo", "summary_en": "The Attorney General's Office reviews bill 15.904, which amends articles 3, 42, 43, and 44 of the Forestry Law and repeals a provision of the Tax Simplification Law. The bill aims to correct deficiencies in forestry tax collection to generate resources to combat illegal logging and promote reforestation. The PGR notes its opinion is non-binding for the Legislative Assembly. While the bill better defines tax elements (triggering event, tax base, rate, taxpayer), it contains technical inaccuracies: it confuses \"object of the tax\" with \"triggering event,\" and \"triggering event\" with its timing; primary wood industrialization without transfer must be included as a triggering event; a section on the tax base actually addresses payment method; and the \"declarant\" must be clearly identified as a withholding agent. Furthermore, restoring the benefit of repealed Article 30 (income tax exemption) requires its express reenactment, not mere repeal of the eliminating provision.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "_off-topic" ], "date": "28/07/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13333.json", "html_url": "/legal/doc/pgr-13333", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13333&strTipM=T" }, { "id": "pgr-13353", "citation": "C-294-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on conflict of interest in internal competition", "title_es": "Improcedencia de consulta sobre conflicto de interés en concurso interno", "summary_en": "The Attorney General's Office declines to issue an opinion on the participation of IMAS's General Manager in an internal competition for the position of General Legal Advisor, as the consultation failed to meet admissibility requirements. First, it lacked the prior legal opinion from IMAS's legal advisory unit, as required by Article 4 of the Organic Law of the Attorney General's Office. Second, the consultation involved a specific case pending before the administration itself, and the Office has consistently held that it cannot rule on specific cases because its opinions are binding and would substitute the active administration in its decision-making role. Consequently, the consultation is deemed inadmissible without addressing the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/08/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13353.json", "html_url": "/legal/doc/pgr-13353", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13353&strTipM=T" }, { "id": "pgr-13356", "citation": "C-289-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Request for favorable opinion on absolute nullity of War Regime pension denied for procedural defects", "title_es": "Solicitud de dictamen favorable sobre nulidad absoluta de pensión del Régimen de Guerra denegada por vicios procesales", "summary_en": "The Attorney General's Office refuses to issue a favorable opinion for the declaration of absolute nullity of a War Regime pension due to substantial procedural defects. The directing body failed to specify the object, nature and purposes of the proceeding when notifying the charges, merely stating that it sought to determine irregularities, without identifying the act to be annulled or its certain legal consequences. Additionally, the notice of the oral hearing was given only eleven days in advance, violating the fifteen-working-day period under Article 311 of the General Public Administration Law. These omissions violated due process, the right of defense and the principle of notice, leading to the absolute nullity of the proceedings and the return of the file without the favorable opinion requested under Article 173 LGAP.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/08/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13356.json", "html_url": "/legal/doc/pgr-13356", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13356&strTipM=T" }, { "id": "pgr-13362", "citation": "OJ-128-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Public nature of beaches, accesses, camping, and ICT's role", "title_es": "Naturaleza pública de las playas, accesos, acampadas y función del ICT", "summary_en": "This legal opinion issued by the Attorney General's Office at a legislator's request analyzes the legal regime of national beaches as public domain property, access to the public zone, the prohibition of camping there, and the powers of the Costa Rican Tourism Institute (ICT). It reaffirms that beaches are national property for common use, not susceptible to private appropriation, and that municipalities must guarantee free access through public roads. It concludes that the right of common use does not include setting up tents in the public zone, as they constitute an exclusive special use. Regarding the ICT, it distinguishes its role as full administrator in the Papagayo Project and as superior overseer in the rest of the coastline, with powers to coordinate, demand measures, and file criminal complaints in defense of the coastal public domain.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "31/08/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13362.json", "html_url": "/legal/doc/pgr-13362", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13362&strTipM=T" }, { "id": "pgr-13384", "citation": "C-315-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Dismissal of consultation on salary settlement of former official", "title_es": "Improcedencia de consulta sobre liquidación salarial de exfuncionario", "summary_en": "The Attorney General's Office denies the consultation submitted by the Legislative Assembly regarding the assessment of the payment system and settlement of former official Gilbert Vásquez Esquivel. The request fails to meet admissibility requirements for the advisory function for two main reasons: first, it concerns a specific case rather than a generic situation, which contravenes the role of a superior advisory body and could illegitimately replace the active Administration; second, it seeks an evaluation of Internal Audit and Human Resources opinions, which is inappropriate because the Attorney General should not rule on internal department views, but on powers, organization, or legal interpretation. Additionally, the General Internal Control Law provides a special procedure for disputes with audit reports.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/09/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13384.json", "html_url": "/legal/doc/pgr-13384", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13384&strTipM=T" }, { "id": "pgr-13387", "citation": "OJ-137-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Prohibition of Private Possession of Public Lands in Limoncito Wildlife Refuge", "title_es": "Impedimento de posesión particular en tierras de dominio público del Refugio Limoncito", "summary_en": "The Attorney General’s Office responds to a congressman who requested information about an alleged state purchase of one thousand hectares within the Limoncito Wetland Wildlife Refuge. The PGR confirms that no recent deed has been granted for acquisition from the named company —which is not even registered in the Commercial Registry— and suggests requesting reports from regional MINAE offices. It takes the opportunity to reiterate its long-standing opinion on public domain regime: public domain assets are inalienable and imprescriptible, cannot be subject to private possession with intent to own or to adverse possession. In protected wild areas, titling is only possible upon proof of ecological possession for at least ten years prior to the area’s declaration and with protection of the forest resource, subject to a maximum limit of three hundred hectares.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "wildlife-law-7317" ], "date": "16/09/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13387.json", "html_url": "/legal/doc/pgr-13387", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13387&strTipM=T" }, { "id": "pgr-13411", "citation": "C-328-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Admissibility requirements for internal audit consultations", "title_es": "Requisitos de admisibilidad para consultas de auditoría interna", "summary_en": "The Office of the Attorney General rules the consultation submitted by the Internal Audit Office inadmissible. The consultation asked whether Resolution 319-98 or Directive 011-2005 was valid concerning the revaluation of proportional pensions. The Attorney General finds that the consultation fails to meet admissibility requirements because it involves a matter still pending decision within the administration and requests an assessment of specific opinions issued by internal units. The Attorney General reiterates that its advisory function is limited to generic legal situations and cannot substitute the active administration. The request is denied without addressing the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/09/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13411.json", "html_url": "/legal/doc/pgr-13411", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13411&strTipM=T" }, { "id": "pgr-13413", "citation": "C-336-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Impropriety of economic compensation for prohibition under Article 123 of Law 8131", "title_es": "Improcedencia de compensación económica por prohibición del artículo 123 de la Ley 8131", "summary_en": "The Attorney General issues a favorable opinion for the partial administrative annulment of official letter CLAS-009-2003, which granted an official of the Ministry of Finance a 65% salary supplement as compensation for the prohibition on private professional practice imposed by Article 123 of the Financial Administration Law (Law 8131). The PGR determines that the act is of mixed effect: it contains a burden (subjection to the incompatibility regime) and a benefit (economic compensation). With respect to the latter, there is absolute, evident, and manifest nullity because no legal provision expressly authorizes such compensation for officials of the budget subsystem. Therefore, only the economic recognition should be annulled, while the prohibition remains valid as a lawful act of burden.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/09/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13413.json", "html_url": "/legal/doc/pgr-13413", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13413&strTipM=T" }, { "id": "pgr-13416", "citation": "C-337-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to Favorably Recommend Annulment of a War Pension Due to Due Process Violations", "title_es": "Imposibilidad de dictaminar favorablemente la anulación de una pensión de guerra por violaciones al debido proceso", "summary_en": "The Attorney General's Office (PGR) examined an administrative proceeding initiated by the Ministry of Labor and Social Security to declare the absolute, evident and manifest nullity of a survivor's pension granted under the War Regime. The PGR concluded that the proceeding suffered from substantial defects that violated due process: the notice of charges failed to specify clearly and unequivocally whether it was a proceeding under Article 173 of the General Public Administration Law (administrative annulment) or a 'lesividad' proceeding intended for judicial action, causing confusion and impairing the right to a defense. Furthermore, the summons to the oral hearing was served only six days in advance, breaching the fifteen-working-day requirement set forth in Article 311 of that law. Consequently, the PGR declared itself legally unable to issue the favorable opinion requested, annulled all actions taken, and returned the case file.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/09/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13416.json", "html_url": "/legal/doc/pgr-13416", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13416&strTipM=T" }, { "id": "pgr-13422", "citation": "OJ-147-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legality of Article 9(d) of the Liquor Law Regulation", "title_es": "Legalidad del inciso d) artículo 9 Reglamento a la Ley de Licores", "summary_en": "The opinion analyzes the legality of Article 9(d) of the Regulation to the Law on the Sale of Liquor, which grants municipalities the discretionary power to assess the opportunity and convenience of exempting restaurants declared of tourist interest by the ICT from the 400-meter distance rule. It concludes that this power is legal, but its exercise must be duly motivated, in accordance with Article 136 of the General Law of Public Administration. The ICT's declaration does not bind the municipality, which must weigh factors such as location, surroundings, and the actual activity of the establishment. The opinion clarifies that there is no violation of the principle of legal certainty or minimum regulation, since the duty to state reasons allows for subsequent judicial review. It also distinguishes between the liquor license and the special hours license under Law 7633, and emphasizes that it is not possible to predetermine all scenarios in a rigid regulation, given the case-by-case nature of the evaluation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/09/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13422.json", "html_url": "/legal/doc/pgr-13422", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13422&strTipM=T" }, { "id": "pgr-13433", "citation": "C-033-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Private property in the maritime-terrestrial zone and creation of a wildlife refuge", "title_es": "Propiedad privada en zona marítimo terrestre y creación de refugio de vida silvestre", "summary_en": "The Attorney General's Office analyzes several properties in Playa Caletas, Nicoya, registered as private but encroaching on the Restricted Zone of the maritime-terrestrial zone and containing mangrove areas. It concludes that the registrations suffer from absolute nullity for illegally incorporating public domain land. It states that, pending judicial annulment, the government cannot grant concessions or authorizations over the disputed land nor incorporate it into a state-owned National Wildlife Refuge. It reiterates that mangrove areas are inalienable and imprescriptible and their inclusion in private surveys does not alter state ownership. It recommends filing a complaint before the Environmental Administrative Tribunal for pollution caused by rice cultivation and vegetation deterioration.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "water-law", "wildlife-law-7317", "procedural-environmental" ], "date": "26/01/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13433.json", "html_url": "/legal/doc/pgr-13433", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13433&strTipM=T" }, { "id": "pgr-13443", "citation": "C-348-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to Issue Opinion on Appointment Annulment Due to Procedural Defects", "title_es": "Imposibilidad de dictaminar sobre nulidad de nombramiento por vicios en el procedimiento", "summary_en": "The Attorney General's Office declines to issue the requested opinion regarding the absolute, evident, and manifest nullity of an employee's appointment by the Supreme Electoral Tribunal, due to multiple procedural defects in the administrative proceeding conducted under Article 173 of the General Public Administration Act. It notes that the Tribunal's decision to initiate the procedure failed to specify concrete charges or legal grounds, violating the principles of notice and imputation and due process. It further objects to the irregular sub-delegation of the directing body, since the Electoral Inspector lacked authority to initiate such proceedings and could not delegate that power to the Sub-Inspector. It also points out that the administrative file is incomplete and contains unsigned documents, including the very act whose nullity is sought. The issuance of the opinion is conditioned upon correction of these defects and compliance with the four-year statute of limitations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/10/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13443.json", "html_url": "/legal/doc/pgr-13443", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13443&strTipM=T" }, { "id": "pgr-13448", "citation": "C-339-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "PGR lacks jurisdiction to opine on public procurement matters", "title_es": "Incompetencia de la PGR para dictaminar sobre contratación administrativa", "summary_en": "The Office of the Attorney General (PGR) declares itself incompetent to issue an opinion on the queries submitted by the Municipality of Curridabat regarding contracting with ICAP. The consultation asked whether municipalities may enter into agreements with that institute outside the Public Procurement Law and whether ICAP retains the powers of the former ESAPAC. The PGR bases its abstention on the fact that the Comptroller General of the Republic, by constitutional and legal mandate, holds preeminent, exclusive and excluding jurisdiction over the oversight of public funds and public procurement. Since the consultation concerns the applicability of the public procurement regime and the Comptroller's binding regulations, the advisory body concludes it is barred from issuing an opinion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/09/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13448.json", "html_url": "/legal/doc/pgr-13448", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13448&strTipM=T" }, { "id": "pgr-13458", "citation": "C-360-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to opine on ownership of a plaza in Ciudad Cortés", "title_es": "Imposibilidad de emitir dictamen sobre propiedad de plaza en Ciudad Cortés", "summary_en": "The Attorney General's Office abstained from issuing the requested opinion sought by the Municipal Council of Osa. The inquiry concerned whether the procedure followed by certain individuals regarding the ownership of the Escuela Valle del Diquis sports plaza in Ciudad Cortés was correct, given prior council agreements donating the plaza to the Cantonal Sports Committee and third parties now claiming ownership. The PGR determined that this was a matter for the active administration, still pending resolution and lacking the required legal analysis. Pursuant to Article 5 of the Organic Law of the Attorney General's Office, which bars opinions on matters falling under the jurisdiction of specialized bodies, the office refrained from addressing the merits of the specific case to avoid usurping municipal authority.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/10/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13458.json", "html_url": "/legal/doc/pgr-13458", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13458&strTipM=T" }, { "id": "pgr-13459", "citation": "C-362-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Internal auditor's authority to consult on the corporate structure of Banco Popular", "title_es": "Competencia de auditoría interna de SAFI para consultar sobre estructura corporativa del Banco Popular", "summary_en": "The Attorney General's Office declares inadmissible the query from the Internal Auditor of Popular Fondos de Inversión S.A. because it concerns the authority of the Board of Directors of Banco Popular y de Desarrollo Comunal to regulate its corporate group, a matter outside the auditor's institutional competence. The SAFI's Internal Audit unit may only oversee the SAFI itself, not the Banco Popular or its Board. The amendment to Article 4 of the Organic Law of the Attorney General's Office allows internal auditors to consult, but only on matters within their own competence. Additionally, the Procuraduría notes that the query reveals a personal interest in salary equivalency, which defeats the requirement of an institutional purpose. Consequently, no substantive opinion is given on the legality of the proposed corporate structures.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13459.json", "html_url": "/legal/doc/pgr-13459", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13459&strTipM=T" }, { "id": "pgr-13461", "citation": "OJ-165-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "“School Salary Bill” — Non-binding Consultation on Wording and Public vs. Private Regime", "title_es": "Proyecto de “Ley de Salario Escolar” — consulta no vinculante sobre redacción y régimen público vs. privado", "summary_en": "The Office of the Attorney General (Procuraduría General) responds to a legislator’s inquiry about the “School Salary Bill” (Legislative File No. 15171). It clarifies that the opinion is non-binding since the consultation does not involve the Assembly’s administrative function. It reaffirms the juridical nature of the “school salary” as a deferred salary increase—part of the worker’s total wage—developed since 1994 in the public sector through executive decrees and case law. The PGR identifies two concrete problems in the bill: Article 2’s reference to “July 1, 1994” could mislead private-sector workers into believing the benefit is due retroactively, whereas in the private sector it arises only from bilateral agreement; and Article 6 would allow agreements exceeding statutory “minimums,” which is legally improper for public employment governed by objective norms rather than contractual negotiation. The PGR warns that without correction the law could face constitutional challenges.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/10/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13461.json", "html_url": "/legal/doc/pgr-13461", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13461&strTipM=T" }, { "id": "pgr-13462", "citation": "OJ-167-2005", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform of Article 4 of Law 6758 on the Papagayo Gulf Tourism Project", "title_es": "Reforma al artículo 4 de la Ley 6758 sobre el Proyecto Turístico Golfo de Papagayo", "summary_en": "The Office of the Attorney General issues a non-binding legal opinion on the bill to reform Article 4 of the Law Regulating the Development and Execution of the Papagayo Gulf Tourism Project (Law 6758). The bill aims to allow concessionaires to mortgage their concession rights, buildings, installations, and improvements as collateral for loans for tourism development, and regulates issues such as the survival of the lien upon cancellation of the concession, the figure of the full administrator, and the non-application of certain credit restrictions. The Attorney General objects to several points: the extinction of the mortgage must follow the fate of the canceled concession; mortgaging buildings and installations creates a conflict of ownership with the Costa Rican Tourism Board (ICT), to which they revert; the figure of the full administrator would allow acting as a concessionaire without meeting legal requirements; and removing credit restrictions for foreign-owned companies is of little practical utility due to other legal limitations. Legislators are advised to weigh these observations before approving the reform.", "primary_topic_id": null, "topic_ids": [], "date": "24/10/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13462.json", "html_url": "/legal/doc/pgr-13462", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13462&strTipM=T" }, { "id": "pgr-13518", "citation": "C-390-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of Consultation on State-Owned Properties Affected by Tourism Project", "title_es": "Improcedencia de consulta sobre afectación de fincas estatales por proyecto turístico", "summary_en": "The Attorney General's Office declares inadmissible the consultation submitted by the Acting Technical Secretary of the Interinstitutional Commission of Marinas and Tourist Docks (CIMAT), which inquired whether two state-owned properties expropriated for fishing purposes could be affected by a tourist dock project in El Marimbero. The PGR bases its decision on non-compliance with the admissibility requirements established in the Organic Law of the Attorney General's Office (No. 6815) and administrative case law, noting three issues: the consultation was not submitted by the administrative head, it lacked the legal opinion from the consulting agency's legal advisor, and the question pertains to a specific case, thus undermining the abstract advisory role of the Attorney General's Office. It reaffirms that the PGR cannot replace the active administration in specific decisions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/11/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13518.json", "html_url": "/legal/doc/pgr-13518", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13518&strTipM=T" }, { "id": "pgr-13521", "citation": "C-391-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to issue opinion due to flaws in procedure for absolute, evident, and manifest nullity", "title_es": "Imposibilidad de dictaminar por vicios en procedimiento de nulidad absoluta, evidente y manifiesta", "summary_en": "The Attorney General's Office analyzed the San José Municipal Council's request for a mandatory opinion under Article 173 of the General Public Administration Law regarding the absolute, evident, and manifest nullity of a commercial license grant. However, it found serious procedural flaws that prevented it from opining. It noted an inconsistency between the Council's agreement to investigate the real truth about a construction permit and other acts, and the Directorate's resolution that expanded the scope to annulment under Article 173 for a Land Use Certificate and Commercial License, usurping the Deciding Body's competence. It also identified irregularities in the Directorate's composition during the hearing and the presence of separate files and unsigned documents. It concluded that until these flaws are corrected and the four-year statute of limitations is respected, the requested opinion cannot be issued.", "primary_topic_id": null, "topic_ids": [], "date": "15/11/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13521.json", "html_url": "/legal/doc/pgr-13521", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13521&strTipM=T" }, { "id": "pgr-13562", "citation": "C-426-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Investment in Government Securities and Investment Funds of Banco Popular", "title_es": "Inversión en valores del Estado y fondos de inversión del Banco Popular", "summary_en": "The Attorney General's Office interprets Article 6 of the Public Debt Restructuring Law (No. 8299) and its Regulation, at the request of Banco Popular y de Desarrollo Comunal. It determines that Article 6 establishes a procedure for direct purchase without intermediation costs that applies to all public entities —including Banco Popular as a non-state public entity— when they invest in securities issued by the Central Government or the Central Bank. However, this provision does not regulate or prohibit investments in other securities, such as investment funds. A prohibition on investing in funds could only derive from other rules or directives of the Budgetary Authority that are applicable. Regarding the amended Regulation (Decree 32546-H), public financial entities and their subsidiaries are authorized to trade government securities on the secondary market with their own resources, under conditions. Third-party resources managed by subsidiaries are not subject to this regulation. It concludes that the rules do not prevent the Bank from fulfilling its purposes nor affect its stability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/12/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13562.json", "html_url": "/legal/doc/pgr-13562", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13562&strTipM=T" }, { "id": "pgr-13573", "citation": "C-402-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Comptroller’s Authority Over Public Funds Transferred to Cantonal Agricultural Centers", "title_es": "Competencia de la Contraloría sobre fondos públicos transferidos a Centros Agrícolas Cantonales", "summary_en": "The Office of the Attorney General (PGR) received an inquiry from the Mayor of Corredores regarding whether the Cantonal Agricultural Center of Corredores is a private entity or part of the Public Administration, and whether it requires authorization from the Comptroller General’s Office (CGR) for contracting goods with municipal public funds. The PGR determined that it cannot rule on the merits because the exclusive authority to oversee the management of public funds—including setting authorization requirements for entities handling such resources—lies with the Comptroller General, pursuant to articles 183 and 184 of the Political Constitution and articles 1, 2, and 11 of its Organic Law (Law No. 7428). Furthermore, article 5 of the Organic Law of the Attorney General’s Office (Law No. 6815) bars the PGR from opining on matters falling under the special jurisdiction of other bodies like the CGR. Consequently, the PGR declines to issue an opinion and defers to the Comptroller General’s competence.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/11/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13573.json", "html_url": "/legal/doc/pgr-13573", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13573&strTipM=T" }, { "id": "pgr-13575", "citation": "C-418-2005", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Maternity Benefits for Temporary Public Employees", "title_es": "Procedencia de pago de subsidios por maternidad a servidoras interinas", "summary_en": "The Supreme Electoral Tribunal asked the Attorney General's Office whether temporary female employees are entitled to maternity benefits when the leave extends beyond the contract term. The query arose from conflicting opinions between the Tribunal's Accounting Department and Legal Advisory. The Attorney General declined to address the merits, citing two reasons: first, one case (Sandí Chinchilla) was still pending an administrative decision; second, the request sought evaluation of specific rulings and opinions already issued by the active administration (Corrales Morales case). Under its own administrative precedent, the Attorney General only issues opinions on general situations, not when a matter awaits administrative resolution, and it cannot substitute for the active administration or assess the legality of its concrete acts or reports. The request for an opinion was therefore denied, leaving the administration to determine the applicability of maternity benefit payments in such cases.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/12/2005", "year": "2005", "json_url": "/data/legal/docs/pgr-13575.json", "html_url": "/legal/doc/pgr-13575", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13575&strTipM=T" }, { "id": "pgr-13614", "citation": "C-021-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Admissibility requirements for requesting a PGR opinion", "title_es": "Requisitos de admisibilidad para solicitar dictamen a la PGR", "summary_en": "The Attorney General's Office establishes the admissibility requirements for issuing technical-legal opinions. Consultations must address general legal issues, not specific pending cases, to avoid substituting the active administration in violation of the principle of legality. The requesting party must provide the opinion of its own legal advisory office, based on a serious and thorough study including applicable regulations, case law, and doctrine. Additionally, the consultation must be submitted by the institutional head, not a subordinate official, given the binding nature of PGR opinions and the responsibility of the hierarchical superior to assess the appropriateness of subjecting administrative matters to such criterion. In this case, the request failed to meet these requirements by raising a particular matter without the required legal analysis and without being submitted by the head of the institution.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/01/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13614.json", "html_url": "/legal/doc/pgr-13614", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13614&strTipM=T" }, { "id": "pgr-13647", "citation": "OJ-004-2006", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Forestry Law amendment for environmental services payments from biofuels", "title_es": "Reforma de la Ley Forestal para el pago de servicios ambientales por biocombustibles", "summary_en": "The Attorney General's Office reviews bill 15,797 amending Forestry Law 7575 to include renewable fuel production as eligible for environmental services payments. It notes that amending subsection k) of Article 3, simplifying 'mitigation' to 'reduction and mitigation', could limit state funding. It warns that broadening the term to 'water resource protection' requires more precision given other pending water bills. Regarding Article 2, conditioning payment on production costs exceeding fossil fuel prices overlooks the market monopolized by RECOPE, threatening the proposal's viability. Crucially, Article 3 is deemed unconstitutional for granting regulatory authority to FONAFIFO, which belongs exclusively to the Executive Branch under Article 140 of the Constitution.", "primary_topic_id": null, "topic_ids": [], "date": "10/01/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13647.json", "html_url": "/legal/doc/pgr-13647", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13647&strTipM=T" }, { "id": "pgr-13685", "citation": "OJ-022-2006", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bill on 'Sustainable Management of Playa El Rey de Aguirre'", "title_es": "Proyecto de Ley 'Manejo sostenible de Playa El Rey de Aguirre'", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill No. 15.503, which sought to remove the maritime-terrestrial zone of Playa Rey from Manuel Antonio National Park and place it under municipal administration for tourism concessions. It concludes unfavorably, finding the bill unconstitutional on its face. It emphasizes that reducing a protected wilderness area requires official technical studies by MINAE justifying the measure, which are absent. It criticizes the disregard for Constitutional Chamber jurisprudence that declared the evicted occupants illegitimate and prohibits concessions in national parks. The opinion warns that the bill violates Article 50 of the Constitution, principles of reasonableness, municipal autonomy, and uniformity of laws, and that municipal administration of state forest resources and the transfer of public funds to a neighborhood association contravene legal norms.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "environmental-law-7554" ], "date": "24/02/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13685.json", "html_url": "/legal/doc/pgr-13685", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13685&strTipM=T" }, { "id": "pgr-13697", "citation": "C-072-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Validity of declaring absolute nullity of tax exemption based on notarial certification", "title_es": "Procedencia de declarar nulidad absoluta de exoneración tributaria basada en certificación notarial", "summary_en": "The Attorney General's Office analyzes whether it can issue a favorable opinion so that the Ministry of Finance may declare the absolute, evident, and manifest nullity of a tax exemption note granted under Law 7396 for agricultural machinery. The administrative request sought to annul the exemption arguing that the benefited vehicle did not meet requirements, based on a notarial certification and later reports from the Movable Property Registry showing inaccuracies. The PGR concludes that it is not possible to issue a favorable opinion because the ordinary administrative procedure conducted by the Ministry contains serious flaws violating due process and defense rights: the initiating resolution did not correctly determine the purpose (it only aimed to establish whether defects existed, not to declare nullity), omitted to state the specific legal objections grounding the absolute, evident, and manifest nullity, failed to identify the beneficiaries of the exemption, and crucially, no hearing was granted to the interested parties regarding evidence incorporated after the summoning—particularly the Registry certifications that supported the annulment. The PGR clarifies that, unlike a prior case (C-064-2005) where a criminal conviction for falsity was required, here, since a notarial certification was contradicted by official Registry certifications, there is no need to allege falsity or obtain a prior judicial ruling. However, the procedural defects prevent continuation until they are corrected.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/02/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13697.json", "html_url": "/legal/doc/pgr-13697", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13697&strTipM=T" }, { "id": "pgr-13714", "citation": "C-054-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Conditions for granting construction licenses and occupation permits in the maritime-terrestrial zone in the absence of coastal regulatory plans", "title_es": "Condiciones para otorgar licencias de construcción y ocupación en la zona marítimo-terrestre ante la ausencia de planes reguladores costeros", "summary_en": "The Attorney General's Office (PGR) responds to an inquiry from the Municipality of Talamanca regarding the application of Law 6043 on the Maritime-Terrestrial Zone (ZMT) in the absence of coastal regulatory plans. It clarifies that any construction in the public or restricted zone requires a municipal license and institutional authorizations. Use permits, being precarious and revocable, only cover simple, removable works that do not affect natural conditions or hinder the future regulatory plan, excluding structures with permanent adherence to the land. It distinguishes between 'occupants' and 'settlers' (as defined by the law) and illegal occupants after 1977: only recognized settlers may remain and potentially be compensated for improvements; illegal occupants must be evicted and their structures demolished without compensation. It emphasizes that coastal regulatory plans are normative and binding; acts contrary to them are null. It clarifies that Transitorio VI applies only to a specific area of Puntarenas. It reiterates that filing a concession application grants no rights and that a notarial waiver of claims does not substitute the administrative declaration of settler status.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/02/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13714.json", "html_url": "/legal/doc/pgr-13714", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13714&strTipM=T" }, { "id": "pgr-13717", "citation": "C-053-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Application of Article 7 of the Public Roads Law to Possessory Information Properties", "title_es": "Aplicación del artículo 7 de la Ley General de Caminos Públicos a fincas de información posesoria", "summary_en": "The Attorney General's Office examines whether Article 7 of the Public Roads Law, which allows the State to take up to 12% of land without compensation, applies to properties registered through possessory information proceedings. It concludes that Article 7 alone does not apply, as such titles were historically excluded since 1951 because they constitute pre-existing private property, not state concessions. However, it notes that Article 19 of the Possessory Information Law and Article 22 of Law 4545 explicitly extended those reservations to such properties, standardizing their application in both judicial and administrative proceedings. It raises doubts about constitutionality, as it could entail an expropriation without compensation in violation of Article 45 of the Constitution, given that acquisition by adverse possession occurs previously and in its entirety. Regarding Articles 72 and 73 of the Water Law, it clarifies that they establish public domain reservations and public-use easements of a different nature, without creating application problems.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "14/02/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13717.json", "html_url": "/legal/doc/pgr-13717", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13717&strTipM=T" }, { "id": "pgr-13740", "citation": "OJ-019-2006", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Disaffection of maritime-terrestrial zone in Playas del Coco for urban declaration", "title_es": "Desafectación de zona marítimo terrestre en Playas del Coco para declaratoria urbana", "summary_en": "The Attorney General's Office issues an unfavorable legal opinion on the bill that sought to declare Playas del Coco an urban area, exempting it from Law 6043 on the restricted zone. It concludes that the initiative is inadvisable because it contravenes the public domain regime of the maritime-terrestrial zone, fails to protect environmental assets such as mangroves, affects public access to the beach and the landscape, and violates constitutional principles of equality and reasonableness. It reiterates that it is not appropriate to disaffect public domain assets to meet specific needs of social groups, to the detriment of the collective interest and future generations, and notes that the urban declaration does not conform to the constitutional political-administrative order.", "primary_topic_id": "property-and-titling", "topic_ids": [ "biodiversity-law-7788", "water-law", "property-and-titling" ], "date": "20/02/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13740.json", "html_url": "/legal/doc/pgr-13740", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13740&strTipM=T" }, { "id": "pgr-13766", "citation": "OJ-030-2006", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legality of discreet advertising on pedestrian bridges built by private parties", "title_es": "Legalidad de publicidad discreta en puentes peatonales construidos por particulares", "summary_en": "The Attorney General's Office issues a legal opinion on whether private parties may build and maintain pedestrian bridges within the right-of-way in exchange for displaying 'discreet' advertising. It concludes that, under the legal framework, this is lawful provided the advertising does not affect visibility, safety, or scenic views, serves as a means to achieve public purposes, and complies with technical specifications and an authorizing regulation. The definition of 'discreet advertising' falls to the Executive Branch based on technical and scientific criteria. The third point regarding public bidding is not addressed as it pertains to public procurement under the Comptroller General's exclusive competence.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "13/03/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13766.json", "html_url": "/legal/doc/pgr-13766", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13766&strTipM=T" }, { "id": "pgr-13782", "citation": "C-136-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Reconsideration on admissibility requirements for municipal auditor consultations", "title_es": "Reconsideración sobre requisitos de admisibilidad de consultas de auditores municipales", "summary_en": "The Office of the Attorney General confirms opinion C-408-2005, which declared inadmissible a municipal auditor's consultation on the composition of directive bodies in administrative procedures. The consultation was rejected due to imprecision of the legal issue, lack of clarity on its relationship with Internal Audit functions, and the existence of prior administrative precedent. Upon reconsideration, the PGR holds that although the amendment to its Organic Law allows auditors to consult directly without prior legal counsel opinion, it is reasonable to request information on the legal counsel's position or refusal to issue an opinion, without requiring submission of that opinion. This practice does not tacitly repeal the amendment nor impede direct consultation; it aims to obtain better information for effective exercise of the advisory function. The inadmissibility is confirmed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/04/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13782.json", "html_url": "/legal/doc/pgr-13782", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13782&strTipM=T" }, { "id": "pgr-13784", "citation": "C-110-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Interpretation of the construction tax rate under Article 70 of Law 7052", "title_es": "Interpretación de la tarifa del impuesto sobre construcciones del artículo 70 de la Ley 7052", "summary_en": "The opinion addresses whether municipalities can charge the construction tax at a rate between 0.01% and 1%, or must apply a fixed 1% rate, under Article 70 of the Urban Planning Law. The Attorney General distinguishes between taxing power and taxing competence, and concludes that the law establishes a maximum 1% rate, delegating to municipalities the authority to set a lower rate, including a neutral 0% rate. This relative delegation does not violate the principle of legal reserve, but prevents municipalities from applying different rates without justification. The opinion was partially reconsidered ex officio.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/03/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13784.json", "html_url": "/legal/doc/pgr-13784", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13784&strTipM=T" }, { "id": "pgr-13790", "citation": "OJ-045-2006", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Possession rights and fees on islands within the maritime terrestrial zone", "title_es": "Derechos de posesión y canon en islas de la zona marítimo terrestre", "summary_en": "The Attorney General's Office analyzes whether possession rights exist over islands in the maritime terrestrial zone, what rights belong to those who lived there before Law 6043, and whether a fee can be charged. It concludes that islands are public domain property and therefore not subject to private possession. Those who occupied such lands before Law 6043 may be recognized as 'settlers' or 'occupants'—provisional, non-transferable statuses that do not confer possessory rights and are subject to a fee under Transitory Provision VII of said law. The opinion clarifies that only through an administrative concession is a transferable administrative real right acquired, upon compliance with legal requirements, and that properties registered in the coastal zone require a legitimate title, with the burden of proof resting on the private party.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "03/04/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13790.json", "html_url": "/legal/doc/pgr-13790", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13790&strTipM=T" }, { "id": "pgr-13792", "citation": "C-139-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Use permits on railway assets", "title_es": "Permisos de uso sobre bienes ferroviarios", "summary_en": "The Attorney General's Office analyzes the figure of use permits over real estate belonging to the railway public domain of INCOFER. It concludes that the use permit is a unilateral administrative act, precarious in nature, through which the Administration temporarily allows the private occupation of public domain assets. The opinion states that these permits are based on Article 154 of the General Public Administration Law and Article 16 subsection e) of the Organic Law of INCOFER. It stresses that these permits do not create stable rights, do not constitute a contract, and may be revoked at any time, without prejudice to the obligations that may be imposed on the permit holder. It also highlights that their purpose is simple activities not requiring permanent constructions and that the authorized use must not affect the integrity or public purpose of the asset.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/04/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13792.json", "html_url": "/legal/doc/pgr-13792", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13792&strTipM=T" }, { "id": "pgr-13806", "citation": "C-158-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Binding nature of opinion C-321-2003 on titling in national reserves", "title_es": "Vinculatoriedad del dictamen C-321-2003 sobre titulación en reservas nacionales", "summary_en": "The Agrarian Development Institute (IDA) inquired whether the Attorney General's opinion C-321-2003 on land titling in national reserves was binding on its active administration. The Attorney General concluded that although the original opinion was issued at the request of the Minister of Environment and is binding only on that ministry, the substantive criteria of the opinion have been reaffirmed in subsequent pronouncements and constitute administrative jurisprudence, which is mandatory for all public administration, including the IDA. Additionally, the cited constitutional precedents are binding. The IDA cannot title lands that form part of the State's Natural Heritage, and the IDA's Regulation for Titling in National Reserves raises constitutional and legal concerns. The Attorney General warns that departing from these criteria without solid justification may entail illegality and official liability.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "24/04/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13806.json", "html_url": "/legal/doc/pgr-13806", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13806&strTipM=T" }, { "id": "pgr-13808", "citation": "OJ-049-2006", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bill to declare the leatherback turtle national heritage and national marine species", "title_es": "Proyecto de ley para declarar la tortuga baula como patrimonio nacional y especie marina nacional", "summary_en": "The Attorney General's Office reviews the bill that seeks to declare the leatherback turtle as national heritage and national marine species, along with creating wildlife refuges and establishing protection duties. It concludes that the 'national heritage' declaration contradicts current law because marine turtles are not covered by the Wildlife Law's definition of wildlife, and the term is unsuitable for a highly migratory species. It finds numerous formal and substantive flaws: many duties already exist in international treaties and national laws; Article 4 fails to meet the requirements for establishing protected areas under the Organic Environmental Law; and Article 7 requires a qualified majority because it affects private property. It recommends taking the observations into account to assess the bill's appropriateness or to improve it.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "environmental-law-7554", "biodiversity-law-7788" ], "date": "19/04/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13808.json", "html_url": "/legal/doc/pgr-13808", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13808&strTipM=T" }, { "id": "pgr-13862", "citation": "C-168-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal status of State Phytosanitary Service personnel hired through a trust", "title_es": "Naturaleza jurídica del personal del Servicio Fitosanitario del Estado contratado mediante fideicomiso", "summary_en": "The Attorney General's Office examines whether personnel of the State Phytosanitary Service (SFE), hired with resources from Trust 539-MAG/BNCR/SFE under private labor contracts, should be considered public officials. It concludes that, because they perform public functions with sovereign powers and are paid with public funds, they are public officials and their relationship is one of public employment. It notes that the trust is only authorized to manage funds, not to exercise SFE powers or directly hire personnel. It determines that these officials must enter the Civil Service Regime and that the applicable procedure is Article 11 of the Civil Service Statute Regulation, provided they demonstrate suitability and have more than two years of uninterrupted service.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13862.json", "html_url": "/legal/doc/pgr-13862", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13862&strTipM=T" }, { "id": "pgr-13875", "citation": "C-197-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "CONAPAM's obligation to withhold income tax on payments to social welfare associations", "title_es": "Retención del impuesto de renta por CONAPAM a asociaciones de bienestar social", "summary_en": "The Attorney General's Office analyzes whether the National Council for the Elderly (CONAPAM) must withhold the 2% income tax under Article 23(g) of the Income Tax Law when paying social welfare institutions for services caring for elderly persons in poverty or indigence. The opinion distinguishes between associations and foundations: for associations, the tax exemption requires a dual condition — a declaration of public utility by the Ministry of Justice and that all income be devoted exclusively to public or charitable purposes; mere designation as \"social welfare\" by IMAS is insufficient. Foundations, by law, are considered private entities of public utility without profit purposes and thus need no additional declaration, so they are exempt. CONAPAM must withhold 2% on payments to associations lacking the public utility declaration, but not on payments to foundations. When funds are transferred (current or capital) without service contracts and the conditions of Article 18 of Law 7972 are met, no withholding applies.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/05/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13875.json", "html_url": "/legal/doc/pgr-13875", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13875&strTipM=T" }, { "id": "pgr-13927", "citation": "C-240-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Applicability of Biodiversity Law to public universities and its exception", "title_es": "Aplicabilidad de la Ley de Biodiversidad a universidades públicas y su excepción", "summary_en": "This opinion from the Attorney General's Office determines that Article 4 of the Biodiversity Law No. 7788 establishes an exception to the application of this law for non-profit teaching and research activities carried out by public universities. It specifically analyzes the case of the University of Costa Rica (UCR) and concludes that it is not required to request access permits for basic research from CONAGEBIO, as long as it has its own internal control regulations. UCR complied with issuing its regulation within the established deadline, so the exception applies. The Biodiversity Law and its regulations apply subsidiarily in matters not regulated by UCR. SINAC cannot require this permit for entry into protected wild areas.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "12/06/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13927.json", "html_url": "/legal/doc/pgr-13927", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13927&strTipM=T" }, { "id": "pgr-13935", "citation": "OJ-087-2006", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opposition to the Coastal and Island Zone Land-Use Permit Bill", "title_es": "Oposición al Proyecto de Ley de Permiso de Uso en Zonas Costeras e Isleñas", "summary_en": "The Attorney General's Office opposes Bill 16027, which sought to authorize land-use permits in the maritime-terrestrial zone for social housing and public buildings without requiring a concession or regulatory plan. It finds that use permits and leases are improper for public domain assets, and that the measure distorts the coastal zone's public domain regime, endangers fragile ecosystems, and violates Articles 7, 50, 89 and 121(14) of the Constitution. The opinion details the types of occupants recognized by Law 6043 (concessionaire, lessee, occupant, inhabitant) and stresses that only a concession grants administrative real rights, subject to municipal and ICT/IDA approval. It warns that authorizing construction without a regulatory plan would obstruct territorial planning required by environmental and urban law, reward violators, and undermine the national interest.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "26/06/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13935.json", "html_url": "/legal/doc/pgr-13935", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13935&strTipM=T" }, { "id": "pgr-13952", "citation": "C-257-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Advisory jurisdiction and concrete cases of municipal sessions", "title_es": "Competencia consultiva y casos concretos de sesiones municipales", "summary_en": "The Attorney General's Office declines to issue an opinion on the legality of an extraordinary session of the Municipal Council of Vázquez de Coronado. The consultation was rejected as inadmissible because it raised a specific case rather than an abstract legal question, thus failing to meet the requirements for the advisory function. The PGR reiterates that it cannot rule on specific administrative acts or substitute for the active administration; its role is limited to interpreting norms in the abstract. The opinion recalls that, under Articles 4 and 5 of its Organic Law, consultations must be submitted by the head of the entity, accompanied by internal legal analysis, and must concern generic legal doubts without involving particular cases under study or pending decision. Given the failure to meet these conditions, the PGR declares itself unable to respond.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/06/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-13952.json", "html_url": "/legal/doc/pgr-13952", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=13952&strTipM=T" }, { "id": "pgr-14029", "citation": "OJ-114-2006", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Ownership and management of San Lucas Island for ecotourism", "title_es": "Pertenencia y administración de la Isla San Lucas para ecoturismo", "summary_en": "The PGR analyzes a bill that sought to reaffirm the municipal ownership of San Lucas Island through an 'authentic interpretation' of Law No. 5469, to promote ecotourism and historical-cultural development. It concludes that the island is part of the State's Natural Heritage as a National Wildlife Refuge, so its administration belongs to MINAE. The initiative is not a true authentic interpretation but a modification that violates Articles 50 and 89 of the Constitution and forestry/environmental regulations. The PGR disagrees and advises against adopting the bill, as it lacks the required technical and environmental studies to reduce a protected wild area. It reminds that ecotourism in protected areas must respect the principle of forest irreducibility and the prohibition of land-use change.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "wildlife-law-7317" ], "date": "14/08/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14029.json", "html_url": "/legal/doc/pgr-14029", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14029&strTipM=T" }, { "id": "pgr-14085", "citation": "C-336-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Registry encumbrance of properties for environmental services payments", "title_es": "Afectación registral de inmuebles por pago de servicios ambientales", "summary_en": "The National Forestry Office inquired whether the National Forestry Financing Fund (FONAFIFO) may encumber private properties enrolled in the Environmental Services Payment (PSA) program on the Public Property Registry. The Attorney General’s Office reaffirms the criterion of opinion C-038-2002 and concludes that PSA is a forestry incentive; therefore, under Article 49 of the Forestry Law, all registered properties or those with registrable title that join the program must be encumbered. The encumbrance aims to publicize the contract to third parties and safeguard the State's (FONAFIFO’s) rights in the event of transfers or subdivisions. The Office rejects the argument that encumbrances discourage reforestation, noting that the decline stems from multiple factors and that demand for PSA actually exceeds supply. It further holds that exempting some programs from encumbrance would violate the constitutional principle of equality and that the measure is suitable for protecting the right to an ecologically balanced environment enshrined in Article 50 of the Constitution.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "23/08/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14085.json", "html_url": "/legal/doc/pgr-14085", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14085&strTipM=T" }, { "id": "pgr-14087", "citation": "C-348-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Applicability of the Maritime-Terrestrial Zone Law to Moín-Barra del Colorado canals", "title_es": "Aplicación de la Ley de Zona Marítimo Terrestre a canales de Moín-Barra del Colorado", "summary_en": "This opinion from the Attorney General's Office addresses the query by the Municipality of Pococí regarding whether the Maritime-Terrestrial Zone Law (Law No. 6043) and its regulations apply to the main canals between Moín and Barra del Colorado, specifically the public zone (50 meters) and restricted zone (150 meters). It clarifies that, under Article 75 of said law, the 200-meter-wide maritime-terrestrial zone along both banks of these canals is governed by Law No. 6043, including the division into public and restricted zones, and its administration falls to the relevant municipalities. However, exceptions apply: lands forming part of the State Natural Heritage (such as protected wild areas, forests or forestry lands) or falling under Article 1 of Law No. 2906 are not under municipal administration. The opinion also specifies which canals qualify as 'main,' addresses potential overlap with the Caribbean Sea public zone, and defines limits vis-à-vis JAPDEVA lands or pre-existing private property.", "primary_topic_id": "water-law", "topic_ids": [ "property-and-titling", "forestry-law-7575", "water-law" ], "date": "29/08/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14087.json", "html_url": "/legal/doc/pgr-14087", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14087&strTipM=T" }, { "id": "pgr-14094", "citation": "C-351-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of Article 75 of Law 6043 on the Maritime Zone in the Moín-Barra del Colorado canals", "title_es": "Alcances del artículo 75 de la Ley 6043 sobre la ZMT en canales de Moín-Barra del Colorado", "summary_en": "Opinion C-351-2006 analyzes the scope of Article 75 of the Maritime Zone Law (Law 6043) in the northern Caribbean of Costa Rica, specifically on lands adjacent to the canal system linking Moín and Barra del Colorado. The Attorney General examines the historical and geographic evolution of the region, regulations on protected wild areas (Tortuguero National Park, Barra del Colorado Wildlife Refuge, Cariari Wetland), and the State Natural Heritage regime. It concludes that the administration of the maritime zone along the main canals belongs to the competent municipalities, except when the lands are forest or forestry lands (Art. 13 Forestry Law), fall under Law 2906, or overlap with protected areas managed by MINAE. It also details restrictions and requirements for construction and concessions in these areas, including the need for environmental impact assessments and regulatory plans.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "31/08/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14094.json", "html_url": "/legal/doc/pgr-14094", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14094&strTipM=T" }, { "id": "pgr-14109", "citation": "C-304-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Experimental application of regulation VI.7.1 of the Subdivision Regulation for urban renewal in consolidated settlements", "title_es": "Aplicación experimental de la norma VI.7.1 del Reglamento de Fraccionamientos para renovación urbana en asentamientos consolidados", "summary_en": "The Attorney General's Office analyzes whether applying regulation VI.7.1 of the National Subdivision and Urbanization Control Regulation to develop urban renewal programs in precarious urban settlements violates the principle of singular non-derogability of regulations. It concludes that the provision does not contravene this principle because the exception is established in the regulation itself. It states that where a municipal regulatory plan exists, the provision would not apply unless the new system conforms to it or is modified. The exceptional experimental application is possible if conditions are met: it must involve consolidated settlements, be based on technical and scientific rules, guarantee human dignity, provide sustainable solutions, and be accompanied by credit actions and slum eradication. The prevailing competence of municipalities in urban planning is reaffirmed.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "01/08/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14109.json", "html_url": "/legal/doc/pgr-14109", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14109&strTipM=T" }, { "id": "pgr-14151", "citation": "C-376-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "CCSS Exemption from Construction Tax", "title_es": "Exención de la CCSS del impuesto de construcción", "summary_en": "The Attorney General's Office analyzes whether the Costa Rican Social Security Fund (CCSS) must pay the construction tax established in Article 70 of the Urban Planning Law (No. 4240). It concludes that the CCSS is exempt from this tax for two reasons: first, because the constitutional principle of general exemption in favor of the CCSS, derived from the harmonious-purposive interpretation of Articles 73 and 177 of the Constitution, exempts it from all tax burdens. Second, because Article 70 itself exempts autonomous institutions from payment, a category to which the CCSS belongs by constitutional mandate. However, the exemption only applies when the construction works pursue the social interest purposes inherent to the institution. Regarding the municipal license, the CCSS is required to obtain it, as it does not fall within the exemption scenarios of Article 75 of the Construction Law (No. 833), which only exempts the Government of the Republic and certain state dependencies, not the decentralized administration.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/09/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14151.json", "html_url": "/legal/doc/pgr-14151", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14151&strTipM=T" }, { "id": "pgr-14185", "citation": "C-392-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissible Consultation on Concrete Cases and Internal Criteria Before the PGR", "title_es": "Improcedencia de consulta sobre casos concretos y valoración de criterios internos ante la PGR", "summary_en": "The Attorney General's Office declares inadmissible the consultation filed by Editorial Costa Rica regarding the statute of limitations on disciplinary power in two administrative procedures. The PGR bases its rejection on two grounds: first, the consultation concerns concrete cases rather than generic situations, which contravenes the nature of its advisory and binding function; second, it requests an assessment of the contradictory opinions of the Internal Audit Office and the directing body, which is not the role of the PGR. In addition, the PGR urges the requester to review previous opinions and regulations related to the special statute of limitations for public finances and the procedure for resolving conflicts of jurisdiction before the Comptroller General's Office regarding internal control.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/10/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14185.json", "html_url": "/legal/doc/pgr-14185", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14185&strTipM=T" }, { "id": "pgr-14214", "citation": "OJ-103-2006", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Fiscal Incentives for Addiction‑Fighting NGOs — Bill 15.678", "title_es": "Incentivos fiscales a ONG contra adicciones — Proyecto 15.678", "summary_en": "The Attorney General analyzes Bill 15.678, which proposes tax exemptions for non‑profit organizations fighting drug addiction and alcoholism. It warns that the current wording is imprecise: the scope is too broad and must be limited to accredited entities with current legal personality and declared of social welfare. It finds the sales‑tax exemption unnecessary because many products are already in the basic basket. The property‑tax exemption should be limited to the headquarters building. Regarding municipal taxes, the Legislative Assembly cannot unilaterally impose exemptions without municipal participation; therefore the bill must use “may”. Finally, Article 4 is unclear whether the 25% deduction is an expense deduction or a tax credit, and must be clarified to avoid duplication with the Income Tax Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/07/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14214.json", "html_url": "/legal/doc/pgr-14214", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14214&strTipM=T" }, { "id": "pgr-14240", "citation": "C-436-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Annulment of lot allocation in JAPDEVA", "title_es": "Nulidad de adjudicación de lote en JAPDEVA", "summary_en": "The Office of the Attorney General declared itself unable to issue the favorable opinion required by Article 173 of the General Public Administration Law, requested by JAPDEVA to annul the allocation of lot 277 in Los Cocos Subdivision. Essential procedural flaws were found that violated due process and the right to defense of the allottee. First, the Board of Directors delegated the procedure's instruction to a Legal Department lawyer without a reasoned act justifying the exception to the rule in Article 90(e) LGAP, which reserves such delegation to the Secretary. Second, no record was made of the oral and private hearing, nor was the interested party's request to reschedule the hearing addressed. Additionally, it was noted that the four-year statute of limitations for exercising the annulment power expired on January 16, 2007, temporally constraining any future action.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/10/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14240.json", "html_url": "/legal/doc/pgr-14240", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14240&strTipM=T" }, { "id": "pgr-14253", "citation": "C-455-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Procedimiento de lesividad para anular nombramiento viciado por errores procesales", "title_es": "Procedimiento de lesividad para anular nombramiento viciado por errores procesales", "summary_en": "The Attorney General's Office refuses to issue a favorable opinion to annul the appointment of a municipal employee to the position of Supplier (internal competition 02-2004), requested by the Municipality of Garabito under Article 173 of the General Public Administration Act, due to serious procedural flaws. It found that the Municipal Mayor, as the sole hierarchical authority on personnel matters, does have standing to initiate and conduct the 'lesividad' procedure for acts issued in that sphere (reconsidering previous opinions that attributed such competence to the Municipal Council). However, the procedure violated due process: the opening resolution and the statement of objections were vague regarding the nature and purpose of the proceedings, breaching legal certainty and limiting the effective defense of the affected employee; she was not clearly notified of the specific act sought to be annulled; and none of the summons to the oral hearing respected the legal minimum notice period of fifteen business days (Article 311 GAPA). These defects render the entire proceedings absolutely null and preclude a favorable opinion.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "10/11/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14253.json", "html_url": "/legal/doc/pgr-14253", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14253&strTipM=T" }, { "id": "pgr-14254", "citation": "C-457-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Mayor's jurisdiction and annulment procedure for appointments", "title_es": "Competencia del Alcalde y procedimiento de nulidad de nombramiento", "summary_en": "The Attorney General's Office reconsiders its previous position and establishes that the Municipal Mayor, as the administrative head in personnel matters, has standing to order the initiation of the procedure, appoint the directing body, and declare the absolute, evident, and manifest nullity of an administrative act granting rights issued in that area, to the exclusion of the Municipal Council. However, in the specific case, the favorable opinion requested by the Municipality of Garabito to annul an appointment is denied, as substantial violations of due process were found: the purpose, nature, and objectives of the procedure were not correctly stated, the charges were imprecise, and the mandatory 15-day advance notice for the oral hearing was not given, rendering all proceedings absolutely null and void.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/11/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14254.json", "html_url": "/legal/doc/pgr-14254", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14254&strTipM=T" }, { "id": "pgr-14263", "citation": "C-437-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inappropriateness of land titling in national reserves through executive decree", "title_es": "Improcedencia de titulación de tierras en reservas nacionales mediante decreto ejecutivo", "summary_en": "The Attorney General's Office analyzes whether the Agrarian Development Institute (IDA) can title lands in national reserves via executive decree. It reviews the history of the Multiple Titling Law and Law 7599, both declared unconstitutional by the Constitutional Chamber for procedural flaws and for allowing indiscriminate titling of protected areas. The IDA's Regulation for Titling Lands in National Reserves is found unconstitutional for invading executive and legislative powers, lacking legal basis, failing to protect public domain and environmental assets, and creating a parallel procedure to the judicial one. It concludes that a future decree for the same purpose would also be improper, lacking enabling law and violating principles of legal reserve and separation of powers. It recommends canceling properties registered under IDA's name so possessors can use the judicial possessory information process.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "31/10/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14263.json", "html_url": "/legal/doc/pgr-14263", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14263&strTipM=T" }, { "id": "pgr-14287", "citation": "C-481-2006", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Transformation of private educational foundation into a commercial company under Transitory IV of Law 8114", "title_es": "Transformación de fundación educativa privada en sociedad mercantil según transitorio IV de Ley 8114", "summary_en": "The Attorney General's Office analyzes Transitory IV of the Tax Simplification and Efficiency Law (Law 8114), which allows foundations dedicated to private university education to transform into commercial companies. It concludes: 1) it is not essential for the foundational purpose to explicitly mention university education, but the effective provision of the service must be compatible with that purpose and proven with CONESUP certification; 2) the Administrative Board must request the transformation from a Civil Judge through voluntary jurisdiction, with a report from the Comptroller General, unless the founder provided otherwise; 3) the corporate capital of the new company would be subscribed by the directors appointed by the founder with respect to the assets tied to the foundational purpose; 4) transformation is not possible if it contradicts the founder’s will or if the constitutive act provides for it as a cause for extinction. The opinion emphasizes that foundations’ public utility does not preclude transformation and that there is no diversion of assets or tax evasion if the patrimonial commitment is preserved.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/12/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14287.json", "html_url": "/legal/doc/pgr-14287", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14287&strTipM=T" }, { "id": "pgr-14351", "citation": "OJ-033-2003", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Temporary loan of archaeological and collection items by the National Museum", "title_es": "Préstamo temporal de bienes arqueológicos y colecciones del Museo Nacional", "summary_en": "The Attorney General's Office analyzes whether Costa Rica's National Museum may temporarily loan items from its collections (archaeological, historical, natural specimens) and facilities. Under the principle of legality and the State's instrumental contracting power, the Museum may do so provided the loans align with its public purposes of study, exhibition, and conservation. The opinion distinguishes several scenarios: loans to States or international organizations (under international agreements); to other public entities; to indigenous development associations; to private entities with coinciding purposes or where the Museum requires their collaboration; and to the scientific community. Loans to private parties for exclusively private purposes without legal authorization are precluded. For immovable archaeological items on private property, it recommends declaring them a historic monument or site, or expropriation. The PGR declines to rule on endorsement of agreements or financial benefits, deeming those matters the exclusive domain of the Comptroller General.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "24/02/2003", "year": "2003", "json_url": "/data/legal/docs/pgr-14351.json", "html_url": "/legal/doc/pgr-14351", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14351&strTipM=T" }, { "id": "pgr-14360", "citation": "OJ-006-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Incompatibilities of legislators to contract with the State and transfer of shares to relatives", "title_es": "Incompatibilidades de diputados para contratar con el Estado y traspaso de capital accionario a familiares", "summary_en": "The Attorney General's Office analyzes whether a legislator who is president and legal representative of his own company violates the Anti-Corruption Law and the Administrative Procurement Law by providing technical training services to INA through a bidding process. It concludes that under Law 8422, a legislator cannot be a representative or owner of a company that provides services to public institutions. Transferring shares to a relative is not expressly prohibited as long as it is not used to mask a conflict of interest. Regarding the Administrative Procurement Law, legislators have an absolute prohibition on contracting with the State, and their companies are barred as long as they hold shares or managerial positions; the prohibition extends to certain relatives up to the third degree. The Comptroller General's Office is the competent body to lift incompatibilities and has interpreted that six months after the transfer of shares, the company would be eligible to contract.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/01/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14360.json", "html_url": "/legal/doc/pgr-14360", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14360&strTipM=T" }, { "id": "pgr-14396", "citation": "C-002-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Authority to sign construction permits in the Municipality of Carrillo", "title_es": "Atribución para firmar permisos de construcción en la Municipalidad de Carrillo", "summary_en": "The Office of the Attorney General analyzes whether the procedure used by the Mayor of Carrillo to process construction permits violates Article 83 of the Construction Law. It concludes that this article does not grant municipal engineers the power to definitively authorize licenses; its purpose is to ensure that a licensed professional issues the technical opinion supporting the decision. There is no legal provision determining which municipal authority has final decision-making power. However, in the Municipality of Carrillo, the local Construction Regulation entrusts the Construction Department with processing and the municipal engineer with the definitive signature of the permit, so the described procedure does not violate Article 83.", "primary_topic_id": null, "topic_ids": [], "date": "09/01/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14396.json", "html_url": "/legal/doc/pgr-14396", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14396&strTipM=T" }, { "id": "pgr-14398", "citation": "OJ-011-2006", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "General Waste Law Bill — scope and competencies", "title_es": "Proyecto de Ley General de Residuos — competencias y ámbito", "summary_en": "The Attorney General's Office reviews the General Waste Law bill (file 15897). It notes the title is misleading because it excludes uncontained liquids and waste such as wastewater, excreta, dust, and sludge. The distribution of competencies between MINAE (special/hazardous waste) and the Ministry of Health (ordinary waste) is arbitrary and disregards each ministry's scope of action, potentially leading to overlaps and lack of coordination. It criticizes the lack of a defined sanctioning authority, omission of the preventive principle and 'cradle-to-grave' philosophy, and regulatory gaps for generators between 5 and 10 m³/week. It warns about the questionable constitutionality of fixed fines and confusion between remediation and sanctions. Overall, the bill fails to integrate or update the scattered regulations.", "primary_topic_id": null, "topic_ids": [], "date": "30/01/2006", "year": "2006", "json_url": "/data/legal/docs/pgr-14398.json", "html_url": "/legal/doc/pgr-14398", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14398&strTipM=T" }, { "id": "pgr-14416", "citation": "C-074-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Use permits in the maritime-terrestrial zone without a regulatory plan", "title_es": "Permisos de uso en zona marítimo terrestre sin plan regulador", "summary_en": "The Attorney General's Office issues opinion C-074-2007 to the Municipality of Puntarenas, clarifying that use permits in the maritime-terrestrial zone (MTZ) can be granted even without a regulatory plan, provided legal conditions are strictly met. It stresses that these permits are not equivalent to recognition of historical occupants or settlers, nor do they allow constructions, transfers, or subjective rights; they are revocable acts. Concessions are the proper mechanism for planned coastal development. It further recalls that forested or forestry-capable lands are under MINAE administration, preventing municipalities from issuing permits without prior classification. The municipal duty to promote regulatory plans to protect public interest and prevent illegal occupations is reiterated.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "07/03/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14416.json", "html_url": "/legal/doc/pgr-14416", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14416&strTipM=T" }, { "id": "pgr-14417", "citation": "C-063-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Occupation Permit Inappropriateness in Maritime-Terrestrial Zone", "title_es": "Improcedencia del permiso de ocupación en zona marítimo terrestre", "summary_en": "The Attorney General's Office responds to a query from the Municipality of Parrita on whether it can regulate the charging of a fee for occupation and land-use permits in the maritime-terrestrial zone under Law 6043. The opinion concludes that Law 6043 does not authorize occupation permits; it only recognizes concessionaire, lessee, occupier, and settler status under specific conditions predating the law. Use permits are limited to simple activities, do not allow construction, and must not be used where regulatory plans exist because the concession procedure applies. The municipal regulation published in La Gaceta No. 93 of May 16, 2005, is contrary to coastal planning and lacks legal basis, as regulatory power belongs exclusively to the Executive Branch. The agency recommends annulling the regulation and warns that authorizing legally void acts incurs liability.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "27/02/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14417.json", "html_url": "/legal/doc/pgr-14417", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14417&strTipM=T" }, { "id": "pgr-14430", "citation": "C-054-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to declare nullity of municipal approvals without prior procedure", "title_es": "Imposibilidad de declarar nulidad de visados municipales sin procedimiento previo", "summary_en": "The Attorney General's Office refuses to rule on the alleged absolute, evident, and manifest nullity of two municipal approvals of cadastral plans issued by the Municipality of Liberia. The former mayor requested the favorable opinion required by Article 173 of the General Public Administration Law to declare such nullity, arguing that the acts concerned lands in the maritime-terrestrial zone, which are public domain. The Attorney General determines that the legal requirements are not met: no ordinary administrative procedure was conducted with a hearing for interested parties, there is no certified and paginated administrative file, and the mayor lacks competence to initiate the procedure and request the opinion regarding acts of the Municipal Council. It is recalled that only the Council, as the highest municipal administrative authority, can order the opening of the procedure and request the opinion. The omission of the prior procedure nullifies any declaration. The request is dismissed as premature and improper, emphasizing the need to respect due process and the right of defense.", "primary_topic_id": null, "topic_ids": [], "date": "22/02/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14430.json", "html_url": "/legal/doc/pgr-14430", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14430&strTipM=T" }, { "id": "pgr-14471", "citation": "C-114-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Rejection of concession application over already-concessioned land in the ZMT", "title_es": "Improcedencia de aprobar concesión sobre terreno ya concesionado en la ZMT", "summary_en": "The Attorney General's Office responds to a consultation from the Municipal Council of Nicoya regarding the possibility of approving a concession that includes land already concessioned, or combining lots when one is already concessioned. The opinion concludes that it is not possible to approve a concession on already-concessioned land, since an administrative real right already exists that is enforceable against third parties, and the Administration must observe it. It analyzes the 'first in time, first in right' principle under Article 44 of Law 6043, explaining that priority is given to the first applicant who meets all requirements and conforms to zoning planning, with preference to the 'occupant' who has possessed the land quietly, publicly, and peacefully. Regarding the prohibition in Article 57(e), it clarifies that it applies to natural persons, and although municipalities may deny applications from legal entities that already hold another concession to prevent hoarding, they must base such denial on discretionary powers to safeguard public interest and fundamental principles. It also reiterates the prohibition on granting concessions in areas that form part of the State's Natural Heritage administered by MINAE.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "property-and-titling" ], "date": "12/04/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14471.json", "html_url": "/legal/doc/pgr-14471", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14471&strTipM=T" }, { "id": "pgr-14474", "citation": "C-093-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Mangrove Construction and Coastal Zoning in Santa Cruz", "title_es": "Construcciones en manglar y Plan Regulador Costero en Santa Cruz", "summary_en": "The Attorney General's Office reviews a Santa Cruz Municipal Council agreement concerning a beach access road, fill and buildings in mangrove and wetland areas, and a possible warehouse without a zoning plan. It reiterates that the public zone is for free public use, with motor vehicles prohibited except by rare municipal permit. Mangroves are part of the public zone and State Natural Heritage, managed by MINAE, not the municipality, and cannot be concessioned. The Coastal Zoning Plan, though normative, cannot override higher laws or include mangroves. Unauthorized constructions must be demolished and occupants evicted. The opinion outlines criminal and disciplinary liabilities for officials authorizing illegal acts, and possible liabilities of INVU and ICT for approving a regulatory plan that ignored mangroves. It urges investigation and assignment of responsibilities.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "subdivision-fraccionamiento" ], "date": "27/03/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14474.json", "html_url": "/legal/doc/pgr-14474", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14474&strTipM=T" }, { "id": "pgr-14480", "citation": "OJ-031-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Criminal liability of legal persons for corruption offenses", "title_es": "Responsabilidad penal de personas jurídicas en delitos de corrupción", "summary_en": "The Attorney General's Office reviews a bill that amends Articles 56 and 345 of the Penal Code and Article 55 of the Anti-Corruption Law to impose fines on legal entities when their representatives commit corruption offenses or transnational bribery. The opinion concludes that the reforms are constitutionally viable: they do not establish direct criminal liability for legal persons nor strict liability, but rather an ancillary monetary sanction in proceedings where the individual is criminally convicted. It also approves the repeal of Article 343 bis of the Penal Code due to duplication, and the addition of an enforceable title for fine collection. The opinion is issued only as a collaboration and does not bind the Legislative Assembly.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/04/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14480.json", "html_url": "/legal/doc/pgr-14480", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14480&strTipM=T" }, { "id": "pgr-14483", "citation": "OJ-032-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reclassification of the 2000-meter inalienable border strip and its impact on State Natural Heritage and indigenous territories", "title_es": "Desafectación de la franja fronteriza inalienable de 2000 metros y su impacto en el Patrimonio Natural del Estado y territorios indígenas", "summary_en": "The Attorney General's Office responds to the inquiry of Deputy Mario Núñez Arias regarding the constitutionality of a potential law that would declassify the inalienable two-thousand-meter strip along the borders with Nicaragua and Panama, established in Article 7(f) of the Land and Colonization Law. The opinion reviews prior bills and reaffirms the institutional opposition to such initiatives. The PGR argues that declassification would harm the State's Natural Heritage (protected areas, wildlife refuges, and biological corridors) and indigenous territories, violating Article 50 of the Constitution, the precautionary principle, and ILO Convention 169. It stresses that any reduction of protected areas requires prior technical justification consistent with Article 38 of the Environmental Organic Law. It further emphasizes that solving individual titling problems cannot override environmental protection and national security, recommending alternatives such as concessions or use permits.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788", "indigenous-law-6172" ], "date": "12/04/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14483.json", "html_url": "/legal/doc/pgr-14483", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14483&strTipM=T" }, { "id": "pgr-14485", "citation": "C-110-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to issue opinion due to procedural defects in annulment of professional incorporation", "title_es": "Imposibilidad de emitir dictamen por vicios procedimentales en anulación de incorporación profesional", "summary_en": "The Attorney General's Office refrains from issuing the requested substantive opinion due to multiple procedural defects in the administrative annulment process initiated by the CFIA against an engineer's incorporation. It identifies the failure to designate a directing body or the grounds for nullity in the opening act, an improper subdelegation to the Executive Directorate, a null summons for noncompliance with Article 249 LGAP, and an incomplete file with uncertified photocopies. It conditions any future pronouncement on the correction of those defects and compliance with the four-year statute of limitations under Article 173(5) LGAP.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/04/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14485.json", "html_url": "/legal/doc/pgr-14485", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14485&strTipM=T" }, { "id": "pgr-14537", "citation": "C-151-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal tax collection from ICE, banks and mutuals by the Municipality of Grecia", "title_es": "Cobro de impuestos municipales a ICE, bancos y mutuales por la Municipalidad de Grecia", "summary_en": "The Attorney General's Office analyzes whether the Municipality of Grecia may collect the real property tax, construction tax, and business license tax from ICE, state banks, Banco Popular, and mutual savings and loan associations. For real property tax, it concludes that ICE and Banco Popular are liable; state banks must prove a special exemption; and mutuals are exempt under their legal regime. For construction tax, ICE is exempt if works fulfill its statutory purposes; state banks are exempt only for works of social interest; Banco Popular is not exempt; and mutuals are exempt for works fulfilling their purposes. Regarding business license tax, ICE does not engage in a for-profit activity and is thus not liable; state banks and Banco Popular are liable because they engage in for-profit activities; and mutuals are liable only for the proportion of for-profit operations unrelated to social housing financing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/05/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14537.json", "html_url": "/legal/doc/pgr-14537", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14537&strTipM=T" }, { "id": "pgr-14556", "citation": "C-147-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Consultation on Mayor's Leave Approval Ruled Inadmissible", "title_es": "Improcedencia de consulta sobre aprobación de vacaciones del alcalde", "summary_en": "The Office of the Attorney General (Procuraduría General de la República) rules inadmissible the consultation from the Internal Audit Office of the Municipality of Goicoechea regarding which body—the Municipal Council or the Audit Office—is competent to manage and approve the mayor's vacation leave. The PGR bases its rejection on two grounds: first, it is being asked to evaluate specific agreements of the active Administration and audit reports, which exceeds its advisory function, as it is not empowered to decide whether an administrative decision conforms to the law. Second, issuing a binding opinion would supplant the decision-making power of the municipal entity, violating its autonomy. It notes that the General Law of Internal Control provides a special procedure to resolve conflicts with internal audits before the Office of the Comptroller General. Finally, it urges study of prior PGR opinions related to the matter.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/05/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14556.json", "html_url": "/legal/doc/pgr-14556", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14556&strTipM=T" }, { "id": "pgr-14562", "citation": "C-175-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to annul academic appointment for lack of oath", "title_es": "Imposibilidad de anular nombramiento académico por falta de juramentación", "summary_en": "The Attorney General's Office examines whether the University of Costa Rica can administratively annul a professor's appointment for allegedly lacking a recognized master's degree at the time of the selection process. The opinion identifies numerous procedural flaws: irregular formation of the directing body, exceeding its authority, undue delay, a disorganized and incomplete administrative record, and a request for the opinion filed by an incompetent official. On the merits, it holds that the nullity is not absolute, evident, and manifest, as the degree oath was a curable requirement, and the university itself had prevented its timely completion. Consequently, the matter is returned without the favorable opinion needed for administrative annulment, suggesting resort to the judicial process of lesividad if the university persists.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "04/06/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14562.json", "html_url": "/legal/doc/pgr-14562", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14562&strTipM=T" }, { "id": "pgr-14591", "citation": "C-194-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to issue preceptive opinion due to failure to follow ordinary procedure", "title_es": "Imposibilidad de emitir dictamen preceptivo por inobservancia del procedimiento ordinario", "summary_en": "The Office of the Attorney General (PGR) declares itself legally unable to issue the preceptive opinion required under Article 173 of the General Public Administration Act (LGAP), requested by the Municipality of Aserrí concerning the municipal approval of cadastral plan SJ-1017388-2005. The refusal rests on three grounds: (i) the municipality has not initiated the ordinary administrative proceeding, which is an indispensable prerequisite to declare the absolute, evident, and manifest nullity of a rights-granting act; (ii) the request was made by the Mayor, whereas the competence to order, instruct, and conclude such proceeding belongs to the Municipal Council, except in personnel or employment matters; (iii) the request for the opinion must come from the body competent to declare nullity, namely the Municipal Council, not the Mayor. The PGR reiterates that a favorable opinion serves as a preventive legality check and can only be issued once the ordinary administrative proceeding has been fully exhausted.", "primary_topic_id": null, "topic_ids": [], "date": "13/06/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14591.json", "html_url": "/legal/doc/pgr-14591", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14591&strTipM=T" }, { "id": "pgr-14650", "citation": "OJ-061-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Criminal action against municipal councilor for violation of the Maritime-Terrestrial Zone Law", "title_es": "Procedencia de acción penal contra regidora municipal por infracción a la Ley de Zona Marítimo Terrestre", "summary_en": "The Attorney General's Office examines whether there is merit to initiate criminal proceedings against councilor Damaris Arriola Coles of the Municipality of Garabito for violating Article 63 of the Maritime-Terrestrial Zone Law (Law 6043) in connection with the illegal occupation of the public coastal zone where the Steve and Lisa Restaurant is located. The opinion concludes that the municipal administrative acts ordering the eviction and demolition are final but have not been executed. It determines that prior criminal rulings did not foreclose the issue of the invasion of the maritime-terrestrial zone, as the charges were limited to the usurpation of the right-of-way. It reiterates that the maritime-terrestrial zone is an inalienable and imprescriptible public-domain asset, and that municipalities have a duty to evict encroachers and demolish illegal constructions. Failure to fulfill these obligations may result in disciplinary and criminal liability for municipal officials. The case is referred to the Comptroller General's Office and the Criminal Division of the Attorney General's Office to determine whether the councilors' and mayor's credentials should be revoked, and whether criminal actions should be pursued against them and against Arriola Coles.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/07/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14650.json", "html_url": "/legal/doc/pgr-14650", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14650&strTipM=T" }, { "id": "pgr-14656", "citation": "OJ-041-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Penal reform of Wildlife Conservation Law — Bill 15.673", "title_es": "Reforma penal de la Ley de Conservación de la Vida Silvestre — Proyecto 15.673", "summary_en": "The Attorney General's Office analyzes Bill 15.673, which reforms the offenses and contraventions under the Wildlife Conservation Law (No. 7317). It concludes that the new criminal provisions (Arts. 90-106 and 107-121) respect the principle of penal legality, adequately describing the conduct, the active subject, and the sanctions. It positively validates the system of alternative penalties of imprisonment or a fine, without converting the fine into imprisonment for non-payment, and the use of the base salary of Office Clerk 1 as a parameter to update fines, in accordance with constitutional case law. It endorses accessory sanctions (disqualification, confiscation) and the aggravation of penalties for public officials. It considers appropriate the joint civil liability of legal entities and those forming part of the same economic group, applying the piercing of the corporate veil doctrine. It makes an observation regarding Article 117: the obligation to retrieve hunted or fished specimens is only constitutional if the activity is legal, so as not to violate the principle of innocence.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "09/05/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14656.json", "html_url": "/legal/doc/pgr-14656", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14656&strTipM=T" }, { "id": "pgr-14683", "citation": "C-253-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Interpretation of at-cost insurance for cooperatives", "title_es": "Interpretación del seguro al costo para cooperativas", "summary_en": "The Attorney General's Office analyzes the scope of Article 6(i) of the Cooperative Associations Law, which grants cooperatives the right to obtain at-cost insurance from the National Insurance Institute (INS). It concludes that this right is conditioned on the insurance being marketed exclusively through cooperative unions, federations, or the National Confederation of Cooperatives; the participation of these integrative organizations is an essential element without which the benefit does not arise. It determines that capital stock companies, even if formed by cooperative organizations, are not an expression of cooperativism, so insurance obtained through them does not generate the right to at-cost insurance. It also notes that the INS's requirement that commercialization be carried out exclusively through stock companies lacks legal basis and has prevented the right from arising. The statute of limitations for the right is set at four years from the issuance of the policy.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/07/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14683.json", "html_url": "/legal/doc/pgr-14683", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14683&strTipM=T" }, { "id": "pgr-14695", "citation": "C-273-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Reconsideration of university access permits to biodiversity resources", "title_es": "Reconsideración sobre permisos de acceso universitarios a la biodiversidad", "summary_en": "The Attorney General’s Office rejects CONAGEBIO’s request for reconsideration and upholds the opinion that the University of Costa Rica is not required to request access permits for non-profit basic research on biodiversity, provided it has its own internal regulations. It clarifies that UCR enjoys a special regime under Article 4 and its transitional provision of the Biodiversity Law, exempting it from applying for such permits and from general CONAGEBIO rules on basic research. However, UCR is not excluded from the legal framework protecting the biochemical and genetic public domain: it must comply with other safeguards, and the law and its regulations serve as an interpretive framework and supplementary norm for matters not covered by UCR’s internal regulation. The exemption must be interpreted restrictively and does not allow absolute discretion.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "07/08/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14695.json", "html_url": "/legal/doc/pgr-14695", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14695&strTipM=T" }, { "id": "pgr-14706", "citation": "OJ-080-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legality of property and segregations in the Ostional Wildlife Refuge", "title_es": "Legitimidad de propiedad y segregaciones en el Refugio Ostional", "summary_en": "The Attorney General's Office examines the registry situation of property 23435-000 in Guanacaste, owned by Terry William Lewis, and its subsequent segregations, at the request of the Ministry of Environment and Energy. It concludes that this property, since its origin in 1969, never included coastal zone land, as it borders that zone according to plan G-8925-69 and registry entries. Segregations made by Lewis in 2003 and 2004, which indicated a border with the 50-meter public zone, were canceled in 2006. The opinion clarifies that the property does not encroach on the Ostional Wildlife Refuge, but warns that the 200-meter coastal zone strip is inalienable and imprescriptible. It urges the Public Registry, National Cadastre, and the Municipality of Nicoya to exercise legality control to prevent acts that reduce that zone to private domain. It rules out the need for expropriation, as the legitimate private property does not cover refuge lands.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "15/08/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14706.json", "html_url": "/legal/doc/pgr-14706", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14706&strTipM=T" }, { "id": "pgr-14710", "citation": "C-284-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to issue opinion on concrete case regarding vacation pay calculation", "title_es": "Imposibilidad de emitir criterio por consulta sobre caso concreto de cálculo de vacaciones", "summary_en": "The Attorney General's Office declines to issue an opinion on the inquiry submitted by the Administrative Director of SINART regarding the calculation of vacation pay in the settlement of an employee who has been on sick leave for a year and a half. The Office bases its refusal on two grounds of inadmissibility. First, the inquiry concerns a specific case, identifying a particular employee with special conditions, whereas the Office's advisory function is limited to generic legal questions, as provided in Article 3(b) of its Organic Law. Second, the inquiry was not submitted by the competent superior officer (the Board of Directors or the Executive President of SINART), but by an Administrative Director, failing to meet the requirement of Article 4 of the same law. Therefore, the Office finds itself unable to exercise its advisory jurisdiction, as doing so would mean substituting the active administration in a decision that belongs exclusively to it.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/08/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14710.json", "html_url": "/legal/doc/pgr-14710", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14710&strTipM=T" }, { "id": "pgr-14761", "citation": "C-308-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of Consultations on Specific Cases", "title_es": "Inadmisibilidad de consultas sobre casos concretos", "summary_en": "The Attorney General's Office, through this opinion, declines to exercise its advisory jurisdiction regarding the consultation submitted by the Manager of the National Insurance Institute (INS). The consultation concerned the legal possibility of a member of the INS Board of Directors simultaneously serving as an employee of a corporation owned by the Institute, specifically as Corporate Relations Manager of INS Valores Puesto de Bolsa, S.A. The Office recalls its established doctrine that the advisory function may not be exercised over specific cases, as that would entail substituting the active Administration, which alone is competent to resolve particular situations brought before it. It notes that the consultation is clearly directed at a specific case with particular details, thus failing to meet the admissibility requirement that consultations must address legal issues in the abstract. The possibility remains that the underlying legal concerns be raised in generic terms in the future.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/09/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14761.json", "html_url": "/legal/doc/pgr-14761", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14761&strTipM=T" }, { "id": "pgr-14776", "citation": "C-324-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to issue opinion on draft decree for Gandoca-Manzanillo Wildlife Refuge", "title_es": "Imposibilidad de emitir criterio sobre borrador de decreto del Refugio Gandoca-Manzanillo", "summary_en": "The Attorney General's Office declines to issue a substantive opinion on the query submitted by the President of the La Amistad-Caribe Regional Conservation Council (CORAC) regarding a draft executive decree to expand the marine zone and reduce the terrestrial zone of the Gandoca-Manzanillo Wildlife Refuge (REGAMA). The query is declared inadmissible for three reasons: (1) it was not submitted by the head of SINAC, but by a regional council president, breaching Article 4 of the Organic Law of the Attorney General’s Office; (2) the opinion of the institution's legal department was not attached, also required by that article; and (3) the Attorney General's Office cannot rule on a draft executive decree, as it is not yet part of the legal framework it is called to interpret. Therefore, the merits of the proposed boundary modification for the protected area are not examined.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "14/09/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14776.json", "html_url": "/legal/doc/pgr-14776", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14776&strTipM=T" }, { "id": "pgr-14785", "citation": "OJ-097-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Debt-for-nature swap under the Tropical Forest Conservation Act", "title_es": "Canje de deuda por naturaleza bajo el Tropical Forest Conservation Act", "summary_en": "The Attorney General's Office examines four agreements related to a debt-for-nature swap between Costa Rica and the United States under the Tropical Forest Conservation Act. It analyzes the legal nature and obligations of each instrument. It concludes that the agreement between the governments is an international treaty requiring legislative approval; that the agreement between the Central Bank and the U.S. modifies the loan contract and is in conformity with the legal system; and that the Forest Conservation Agreement, since it is signed with private entities, lacks international character and is administrative in nature. The AG clarifies the scope of tax exemptions and the validity of the arbitration clause with waiver of sovereign immunity, subject to Costa Rican law. It issues nine non-binding conclusions confirming the basic legal conformity of the agreements, while pointing out limits and requirements.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "27/09/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14785.json", "html_url": "/legal/doc/pgr-14785", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14785&strTipM=T" }, { "id": "pgr-14793", "citation": "C-279-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Unreceived Urbanizations and Their Legal Consequences", "title_es": "Urbanizaciones no recibidas y sus consecuencias jurídicas", "summary_en": "The Attorney General's Office issues a binding opinion at the request of the Municipality of Cartago regarding the legal treatment of officially unreceived urbanizations. It analyzes the urbanization process and the municipal administrative acts involved: preliminary plan approval, constructive plans endorsement, acceptance of public areas and works, segregation endorsement, and construction license. The PGR concludes that acceptance of public works is a prerequisite for issuing construction licenses, and its absence renders any authorization null and void. It notes that the passage of time does not cure acts contrary to the legal system, and that the figure of positive administrative silence only applies to plans of private lots, not public areas. It warns that a bill to waive requirements could face constitutional issues if it affects recreational areas or safety.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "21/08/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14793.json", "html_url": "/legal/doc/pgr-14793", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14793&strTipM=T" }, { "id": "pgr-14804", "citation": "OJ-100-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Requirements for creating the Iguanita National Wildlife Refuge", "title_es": "Requisitos para la creación del Refugio Nacional de Vida Silvestre Iguanita", "summary_en": "The Attorney General's Office analyzes the bill to create the Iguanita National Wildlife Refuge. It states that transferring land from the Costa Rican Tourism Institute to MINAE requires prior approval by its Board of Directors, since an authorizing law alone is insufficient to compel an autonomous institution to dispose of its assets, respecting its administrative autonomy. It also recalls that establishing protected areas requires technical studies justifying the management category under the Environmental Organic Law and the Biodiversity Law. Finally, it notes that the bill must specify whether the refuge is state, mixed, or private, and correct the misuse of the term 'protective zones' instead of 'protection areas'. The opinion is advisory and aims to guide the legislator to ensure the bill complies with the legal system.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "03/10/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14804.json", "html_url": "/legal/doc/pgr-14804", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14804&strTipM=T" }, { "id": "pgr-14807", "citation": "C-352-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "FONAFIFO Personnel Hired via Trust and Public-Employee Status", "title_es": "Personal de FONAFIFO contratado vía fideicomiso y su condición de funcionario público", "summary_en": "The Attorney General's Office analyzes whether personnel performing public functions for the National Forestry Financing Fund (FONAFIFO), hired with public funds through the trusts authorized by Article 49 of the Forestry Law, should be considered public employees subject to the Civil Service Regime. It concludes that they should, since they carry out legally-assigned public functions regardless of the contractual modality. It also determines that the procedure for their incorporation into the Civil Service Regime is the one set out in Article 11 of the Civil Service Statute Regulations, which requires over two years of continuous service and proof of suitability. It warns against the continued use of trusts to circumvent normal public hiring procedures, noting that such practice may entail administrative, civil and even criminal penalties.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "02/10/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14807.json", "html_url": "/legal/doc/pgr-14807", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14807&strTipM=T" }, { "id": "pgr-14810", "citation": "C-341-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "State exemption from construction permits and land-use certificates", "title_es": "Exención estatal de licencia de construcción y certificado de uso de suelo", "summary_en": "The Attorney General concludes that the State and its institutions are exempt from obtaining municipal construction permits for public buildings under Article 75 of the Construction Law. This exemption extends to the requirement of a land-use certificate, as it is a declaratory prerequisite for the permit and thus not demandable from state entities. Municipalities must respect this legal waiver without it violating their autonomy, as their urban planning powers are subject to law. Land-use certificates only certify zoning and do not create rights. The opinion relies on administrative and constitutional case law that has upheld this view.", "primary_topic_id": null, "topic_ids": [], "date": "26/09/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14810.json", "html_url": "/legal/doc/pgr-14810", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14810&strTipM=T" }, { "id": "pgr-14829", "citation": "C-356-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Collection of construction tax in indigenous reserves after repeal of exemptions", "title_es": "Cobro del impuesto a las construcciones en reservas indígenas tras derogatoria de exenciones", "summary_en": "The Attorney General's Office analyzes whether the Municipality of Mora must charge the 1% tax under Article 70 of the Urban Planning Law on constructions in indigenous reserves, or whether a valid exemption exists. It concludes that the objective exemption in Article 3 of the Indigenous Law was tacitly repealed by Article 1 of the Law on All Current Exemptions (No. 7293), which repealed all tax exemptions not excepted in Article 2. The exemption for the Central Government and autonomous institutions remains, but does not cover individuals or indigenous communities. It also rules out the need for prior consultation under ILO Convention 169, since Law No. 7293 was enacted before its ratification. Therefore, the Municipality must collect the tax.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "03/10/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14829.json", "html_url": "/legal/doc/pgr-14829", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14829&strTipM=T" }, { "id": "pgr-1485", "citation": "C-116-1994", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Urbanism Directorate approval for street openings in cadastral plans", "title_es": "Visado de la Dirección de Urbanismo para apertura de calles en planos catastrales", "summary_en": "The opinion clarifies that the INVU Urbanism Directorate has the authority to approve (visar) urbanization and subdivision plans, including the opening of public streets, as a prerequisite to municipal approval. Surveyors cannot classify a road as public or private; their certification only covers the existing access, and in case of doubt they must consult the Ministry of Public Works and Transport or the municipality. Administrative declaration of a public road belongs to those entities. If a plan shows streets not on official maps, the surveyor must attest to their existence, but the National Cadastre may require the Urbanism Directorate's visa to ensure compliance with the Urban Planning Law. The duty to report irregularities that constitute crimes is stressed, and it is recommended that the INVU visa be issued within one month.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "14/07/1994", "year": "1994", "json_url": "/data/legal/docs/pgr-1485.json", "html_url": "/legal/doc/pgr-1485", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=1485&strTipM=T" }, { "id": "pgr-14850", "citation": "C-354-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Participation of municipalities and indigenous peoples in CORAC and regional director's vote", "title_es": "Participación de municipalidades e indígenas en CORAC y voto del director regional", "summary_en": "This opinion addresses a request from the Osa Conservation Area Regional Council (CORAC) on two issues under the Biodiversity Law: the validity of municipal and indigenous representatives appointed without being present at the regional assembly, and whether the area director has voice and vote in the Council. The Attorney General's Office does not rule on the merits because it rejects the request as inadmissible under Article 4 of its Organic Law, which requires that the consultation be submitted by the administrative head of the entity. CORAC is a decentralized body within the National System of Conservation Areas, but it is not the hierarchical superior; therefore, it lacks standing to request binding legal criteria. Administrative jurisprudence and a similar precedent (C-324-2007) are cited, confirming that the request must come from the highest authority—in this case, the SINAC Director General.", "primary_topic_id": "_off-topic", "topic_ids": [ "biodiversity-law-7788", "_off-topic" ], "date": "02/10/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14850.json", "html_url": "/legal/doc/pgr-14850", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14850&strTipM=T" }, { "id": "pgr-14852", "citation": "OJ-112-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opposition to the bill on concessions in Gulf of Nicoya islands", "title_es": "Oposición al proyecto de ley de concesiones en islas del Golfo de Nicoya", "summary_en": "The Attorney General's Office issues a negative legal opinion on bill 16416, which sought to promote social, economic and ecotourism development on eight Gulf of Nicoya islands through concessions, amending the Coastal Zone Law. It finds the bill unnecessary because existing law already regulates island concessions, including legislative approval as a safeguard of national public interest. It criticizes numerous provisions: eliminating legislative approval, creating an inter-institutional commission with ambiguous functions, extending concession terms without justification, allowing concessions to be mortgaged with figures such as 'full administrator' that distort support for fishers, and failing to properly protect public areas, protected wild areas and the environment. It warns of risk of invasions, legal uncertainty, weakening of environmental controls and exclusion of responsibilities of institutions like MINAE, SETENA and INCOPESCA. It concludes by requesting that legislators not adopt the bill.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "30/10/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14852.json", "html_url": "/legal/doc/pgr-14852", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14852&strTipM=T" }, { "id": "pgr-14854", "citation": "C-378-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of waterway setback alignment vs. zoning map", "title_es": "Alcance del alineamiento de la zona de cauces frente al mapa de zonificación", "summary_en": "The Attorney General's Office analyzes the discrepancy between the zoning map of the Vázquez de Coronado regulatory plan and Article 15.1 of its ordinance, which defines the waterway setback zone. It concludes that the map's graphic representation is merely for orientation, while the actual protection zone boundary is determined case-by-case by the Urban Planning Directorate of INVU via the respective alignment. Therefore, the alignment prevails over the map. Furthermore, when a property is only partially affected by the waterway zone, the general rule of Article 5.2 of the ordinance (greater territorial proportion) does not apply; instead, the portion within the strip remains subject to the use restrictions of that protection zone, and the remainder to the adjacent zoning.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575", "subdivision-fraccionamiento" ], "date": "26/10/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14854.json", "html_url": "/legal/doc/pgr-14854", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14854&strTipM=T" }, { "id": "pgr-14855", "citation": "C-390-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal demolition on private property", "title_es": "Ejecución de demolición municipal en propiedad privada", "summary_en": "The Attorney General's Office responds to the inquiry from the Mayor of Belén regarding whether municipal officials may carry out the demolition of a building constructed without a municipal permit and enter private property with the police force. The opinion analyzes urban police power, building permits, municipal inspections, and sanctioning authority, concluding that municipalities may indeed execute demolitions themselves, even against the will of the property owner, after complying with due process. To enter the property and enforce the sanction, they may request the assistance of the police, but municipal officials are subject to limits such as reasonableness, proportionality, and respect for the home.", "primary_topic_id": null, "topic_ids": [], "date": "06/11/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14855.json", "html_url": "/legal/doc/pgr-14855", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14855&strTipM=T" }, { "id": "pgr-14856", "citation": "OJ-113-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Mortgage guarantees on maritime zone concessions", "title_es": "Garantías hipotecarias sobre concesiones de la zona marítimo terrestre", "summary_en": "The Attorney General's Office examines bill 16542, which amends Article 67 of Law 6043 to allow using maritime zone concessions as bank guarantees. It argues the proposal fails to restrict loans to National Banking System banks, treats concessions as real property despite their public domain status, and retains the objectionable figure of 'full administrator.' The opinion stresses that a mortgage surviving after concession cancellation is legally untenable due to the accessory principle, and that pledging structures detached from the concession creates ownership conflicts with the Costa Rican Tourism Board. Overall, the initiative receives a negative appraisal and the deputies are asked to reconsider.", "primary_topic_id": null, "topic_ids": [], "date": "02/11/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14856.json", "html_url": "/legal/doc/pgr-14856", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14856&strTipM=T" }, { "id": "pgr-14883", "citation": "OJ-128-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legality of hiring personnel in FONAFIFO through a trust", "title_es": "Legalidad de contratación de personal en FONAFIFO mediante fideicomiso", "summary_en": "The Attorney General's Office analyzes a bill to approve a loan with the IBRD and its implications for the National Forestry Financing Fund (FONAFIFO). It determines that the deputy's consultation is admissible regarding the legal criteria, but inadmissible regarding the technical analysis. On the merits, it notes that Article 1 of the bill presents no problems, but the additional articles do. It reiterates that FONAFIFO, as a MINAE body with instrumental legal personality, may hire personnel under Article 50 of the Forestry Law, but hiring through a trust by the trustee (Banco Nacional) is an improper practice of dubious constitutionality, as it confuses essential state functions with private trust management. It also warns that creating a private foundation for public purposes constitutes a legal error and that granting FONAFIFO its own legal personality through this law would create interpretive problems. It concludes that the bill requires corrections to avoid unconstitutionality and legal defects.", "primary_topic_id": null, "topic_ids": [], "date": "22/11/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14883.json", "html_url": "/legal/doc/pgr-14883", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14883&strTipM=T" }, { "id": "pgr-14902", "citation": "OJ-120-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Objections to the titling project for Caballo, Venado, and Chira islands", "title_es": "Objeciones al proyecto de titulación de islas Caballo, Venado y Chira", "summary_en": "The Attorney General's Office (PGR) issues an unfavorable opinion on Bill 16431, which sought to regulate land titling on Caballo, Venado, and Chira islands in the Gulf of Nicoya. It argues that the islands are public domain, cannot be acquired by possession or adverse possession, and any disaffectation would require an express and reasoned law with technical studies, which the bill lacks. The initiative also violates constitutional environmental protection, archaeological and natural heritage, and weakens existing institutional and judicial controls by proposing a summary administrative procedure without a hearing for the PGR. It would benefit public domain violators and could privatize protected areas, sensitive ecosystems, and mangrove zones, to the detriment of public interest and free, common use of the coast. The PGR recommends not adopting the bill.", "primary_topic_id": null, "topic_ids": [ "archaeological-heritage-6703" ], "date": "09/11/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14902.json", "html_url": "/legal/doc/pgr-14902", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14902&strTipM=T" }, { "id": "pgr-14904", "citation": "OJ-126-2007", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Restrictions on harvesting of almendro, titor, and jícaro trees to protect the great green macaw", "title_es": "Restricciones al aprovechamiento del almendro, titor y jícaro para protección de la lapa verde", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on a draft decree by MINAE restricting timber harvesting of almendro, titor, and jícaro trees in four Conservation Areas to protect the great green macaw. It analyzes the proposal in light of Constitutional Chamber ruling 2002-2486, which struck down parts of previous decrees for limiting protection to a single area. The PGR notes the draft fails to adequately justify the territorial limitation to four specific areas, potentially repeating the prior defect. It questions the technical basis for including jícaro and Humiriastrum diguense as species with proven dependence of the macaw. It recommends refining definitions, reviewing the ten-year period before new harvests, better justifying the authorized harvest percentage, and setting deadlines for conservation strategies. It concludes that MINAE must evaluate these technical and reasoning aspects before issuing the decree.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "20/11/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14904.json", "html_url": "/legal/doc/pgr-14904", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14904&strTipM=T" }, { "id": "pgr-14954", "citation": "C-432-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Impossibility of issuing mandatory opinion due to irregularities in request for absolute nullity", "title_es": "Imposibilidad de emitir dictamen preceptivo por irregularidades en solicitud de nulidad absoluta", "summary_en": "The Attorney General's Office declared itself legally unable to issue the mandatory opinion required by Article 173 of the General Public Administration Law (LGAP) for the annulment of acts at the request of the Municipality of Puntarenas, due to multiple flaws in the request. The request was premature, as the mandatory ordinary administrative procedure—required by Article 173.3 before annulling acts declaring rights—had not been carried out. Additionally, the request was made by the appointed directing body (the tax administrator) and not by the Municipal Council, the competent hierarchical authority to request the opinion. The appointment of the directing body itself was irregular and its competence was not properly defined. The opinion reiterates that the prior ordinary procedure is essential, with full respect for due process and the right to be heard, and it is only after its completion that the decision-making body may request the mandatory opinion. It also warns about the four-year statute of limitations for exercising the power to annul, noting that some of the challenged acts (liquor licenses granted by the Monteverde District Council) had already expired or were about to expire.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "03/12/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14954.json", "html_url": "/legal/doc/pgr-14954", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14954&strTipM=T" }, { "id": "pgr-14968", "citation": "C-461-2007", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Limits of ICT oversight over the Maritime Zone vs. municipalities", "title_es": "Límites de la vigilancia del ICT sobre la ZMT frente a las municipalidades", "summary_en": "The ICT consults on how far its role as \"superior and general supervisor of the maritime-terrestrial zone\" can go without encroaching upon the powers of local governments as direct administrators. The Attorney General’s Office reviews the generic and specific competencies that Law 6043 and its regulation assign to the ICT (approval of concessions, approval of coastal regulatory plans, drafting the general land use plan, concessions registry) and to the municipalities (usufruct and administration of the littoral zone). It highlights shared competencies, such as coastal territorial planning, which demand mandatory coordination. The opinion concludes that \"superior and general oversight\" does not mean substituting the autonomous competencies of municipalities, but rather exercising specific legal functions in collaboration, without the ICT being able to supplant them in their own administrative decisions.", "primary_topic_id": null, "topic_ids": [], "date": "21/12/2007", "year": "2007", "json_url": "/data/legal/docs/pgr-14968.json", "html_url": "/legal/doc/pgr-14968", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=14968&strTipM=T" }, { "id": "pgr-15011", "citation": "OJ-003-2008", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Inadmissibility of parliamentary inquiry due to private interest regarding effects of opinion C-017-2005", "title_es": "Inadmisibilidad de consulta parlamentaria por interés particular sobre efectos del dictamen C-017-2005", "summary_en": "The Attorney General's Office declares inadmissible a deputy's inquiry requesting clarification on whether Opinion C-017-2005 (which held that CONESUP lacked authority to authorize programs for non-university private entities) has retroactive effect (ex tunc) or only prospective effect (ex nunc). The office reiterates that while it customarily responds to deputies' inquiries to support their parliamentary functions, this collaboration is not unlimited: it cannot distort the advisory function or serve as a conduit to resolve private parties' legal doubts. Here, the question does not serve the general interest but directly affects the legal position of authorized private entities and their students, and is therefore rejected without addressing the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/01/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15011.json", "html_url": "/legal/doc/pgr-15011", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15011&strTipM=T" }, { "id": "pgr-15058", "citation": "C-065-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Integration of Regional Conservation Area Councils and Director's Rights", "title_es": "Conformación de Consejos Regionales de Áreas de Conservación y derechos del Director", "summary_en": "The Attorney General's Office analyzes the integration of Regional Conservation Area Councils under the Biodiversity Law, focusing on the Osa Conservation Area. It concludes that valid integration requires a public call to all organizations, municipalities, and public institutions in the area, with members elected by the General Assembly. Late inclusion is not possible. The Conservation Area Director is a legal member of the Council, and in the absence of any statutory restriction, enjoys both voice and vote like other members. The ruling underscores the mandatory election of at least one municipal representative.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "05/03/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15058.json", "html_url": "/legal/doc/pgr-15058", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15058&strTipM=T" }, { "id": "pgr-15061", "citation": "C-060-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Authority of the Colorado Municipal Council to issue permits in mangroves and State Natural Heritage", "title_es": "Facultad del Concejo Municipal de Colorado para otorgar permisos en manglares y Patrimonio Natural del Estado", "summary_en": "The Office of the Attorney General responds to a query from the Internal Auditor of the Colorado Municipal District Council regarding whether the Council may grant construction permits or project development in the maritime-terrestrial zone of Cerro Gordo, San Buenaventura, which was declared a public utility reserve by Decree No. 12484. After analyzing the legal framework, the Attorney General concludes that the mangroves in the area are public domain assets, part of the State Natural Heritage, and therefore inalienable and imprescriptibly under the exclusive administration of MINAE. As a result, the Municipal Council must refrain from processing concessions or authorizing works in those areas. Failure to comply could result in disciplinary and criminal liability for municipal officials.", "primary_topic_id": null, "topic_ids": [], "date": "04/03/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15061.json", "html_url": "/legal/doc/pgr-15061", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15061&strTipM=T" }, { "id": "pgr-15083", "citation": "C-090-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on a specific case of public streets", "title_es": "Improcedencia de consulta sobre caso concreto de calles públicas", "summary_en": "The Attorney General's Office declines to issue an opinion on the Municipality of Curridabat's request regarding the declaration of public streets in the La Corina urban settlement. The consultation is deemed inadmissible because it refers to a specific, concrete case with prior administrative actions, failing the requirement that consultations must be raised in generic and abstract legal terms. The Office reiterates its consistent doctrine that it cannot rule on concrete matters pending decision by the active Administration, as doing so would substitute it and contravene its role as a superior advisory body. The opinion rests on Opinions C-294-2005, C-390-2005, and others defining the limits of its advisory competence. It leaves open the possibility of reframing the consultation in the future by abstracting the underlying legal issues.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/03/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15083.json", "html_url": "/legal/doc/pgr-15083", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15083&strTipM=T" }, { "id": "pgr-15135", "citation": "C-128-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Procedure for nullification of municipal administrative acts: requirements of Article 173 LGAP", "title_es": "Procedimiento de nulidad de actos administrativos municipales: requisitos del artículo 173 LGAP", "summary_en": "The PGR returns the request from the Mayor of Garabito to annul construction permits and commercial licenses without a favorable opinion, finding the request premature and substantively flawed. It notes that no prior ordinary administrative procedure has been conducted as required by paragraphs 1 and 3 of Article 173 of the LGAP; that the request for the opinion must come from the Municipal Council, not the Mayor; and that the acts to be annulled were not individually identified, violating the principles of notice and imputation and due process. It recalls that the Article 173 route is exceptional and only applies to absolute, evident, and manifest nullities; otherwise, the lesividad process before the contentious-administrative court must be pursued.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "21/04/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15135.json", "html_url": "/legal/doc/pgr-15135", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15135&strTipM=T" }, { "id": "pgr-15144", "citation": "C-146-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Validity of titling rural settlement plots within the southern border strip", "title_es": "Validez de titular predios en asentamientos campesinos dentro de la franja fronteriza sur", "summary_en": "The Attorney General's Office analyzes whether the Agrarian Development Institute (IDA) can title plots in peasant settlements located within the southern border strip with Panama. It concludes that titling is absolutely null and void for contravening the principles of inalienability, imprescriptibility, and unclaimability that protect public domain lands in a two-kilometer zone along the border, pursuant to Article 7(f) of the Land and Colonization Law (Law 2825). Furthermore, the IDA lacks legal authority to conduct administrative possessory proceedings, a function reserved to the Judiciary, and no enabling norm exists after the unconstitutional declarations by the Constitutional Chamber. Titling acts would suffer from absolute nullity due to lack of competence, illicit and impossible content, and lack of motive. Only private property rights legitimately acquired before the declaration of inalienability are respected.", "primary_topic_id": null, "topic_ids": [], "date": "05/05/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15144.json", "html_url": "/legal/doc/pgr-15144", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15144&strTipM=T" }, { "id": "pgr-15162", "citation": "C-158-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal Scope of Administrative Circulars Regarding Third Parties", "title_es": "Alcances jurídicos de las circulares administrativas frente a terceros", "summary_en": "The Attorney General’s Office declines to rule on the merits of INVU’s query regarding the validity of Cadastral Circular DCAT-0595-2006 and the Administrative Registry Tribunal Resolution No. 087-2005, since they involve a concrete case beyond its advisory role. However, it issues a general opinion on the nature and effects of administrative circulars. It defines circulars as internal acts of general scope, deriving from the hierarchical superior’s power of instruction, which in principle bind only subordinate bodies. Nevertheless, it details seven scenarios in which circulars may produce external effects and be invoked by third parties, whether to claim benefits or seek annulment of the circulars and the acts implementing them, especially when they impose requirements, sanctions, or burdens not established by law, or contravene higher norms of the legal system.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/05/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15162.json", "html_url": "/legal/doc/pgr-15162", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15162&strTipM=T" }, { "id": "pgr-15165", "citation": "C-162-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Rejection for Referring to a Specific Case", "title_es": "Rechazo por referirse a un caso concreto", "summary_en": "The Attorney General's Office declines to issue an opinion on whether the directing body has a legal obligation to issue a final report at the conclusion of the investigation phase of administrative proceedings. The query from the Ministry of Public Works and Transport was prompted by a Civil Service Tribunal ruling that annulled a claim due to the absence of such a report, and while the legal opinion of the Ministry's own legal department frames the question generically, the consultation letter expressly refers to the specific case file of the claim filed by Rosa María Jiménez Debernardi. The PGR reiterates that its advisory function cannot be exercised over specific cases pending administrative decision, because its opinions are binding and would thereby substitute the active administration in its own competencies. Accordingly, the request is inadmissible for failing to meet the requirement of generality.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/05/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15165.json", "html_url": "/legal/doc/pgr-15165", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15165&strTipM=T" }, { "id": "pgr-15167", "citation": "C-166-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Impossibility of disposing via regulation of goods seized in road right-of-way", "title_es": "Imposibilidad de disponer vía reglamento de bienes decomisados en derecho de vía", "summary_en": "The Attorney General's Office analyzes whether the Ministry of Public Works and Transport (MOPT) can, via regulation, provide for the Administration to dispose of goods (signs and advertising billboards) seized for being in the road right-of-way, pursuant to Article 205 of the Traffic Law. The query arose from the MOPT's legal opinion that considered such regulatory provision feasible. The PGR concludes it is constitutionally impossible: the right to property is a fundamental right that can only be limited by formal law, not by regulation, as that would violate the principle of legal reserve and the essential content of the right. It even questions the constitutionality of subparagraph b) of Article 7 of Executive Decree 29253-MOPT, which grants the MOPT the power to 'seize,' because seizure is a measure reserved for judicial authorities. The Administration must return the goods to their owners or, if the owner is unknown, may charge conservation costs and eventually acquire ownership through adverse possession after three years of possession.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/05/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15167.json", "html_url": "/legal/doc/pgr-15167", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15167&strTipM=T" }, { "id": "pgr-15171", "citation": "OJ-021-2008", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Draft Forestry Law — File No. 16169", "title_es": "Proyecto de nueva Ley Forestal — expediente 16169", "summary_en": "The Attorney General's Office analyzes the bill to replace Forestry Law 7575. It points out shortcomings in the current law, such as the restrictive definition of forest that excludes valuable fragments and facilitates illegal logging, and the under-protection of treeless areas. It examines the proposals: modifies the composition of bodies, adjusts definitions (forest, tree, environmental services), changes protection areas (increases the radius for captured water sources to 200 m, adds protection on slopes >70%), reforms the forestry tax (tax base and distribution), creates new offenses but with poor wording (blank criminal laws), and adjusts sanctions. It recommends using 'State Natural Heritage', correcting vague criminal provisions, coordinating with other laws, and technically justifying the changes. It is not binding as it comes from another branch of government.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "14/05/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15171.json", "html_url": "/legal/doc/pgr-15171", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15171&strTipM=T" }, { "id": "pgr-15184", "citation": "C-172-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Consequences of Illegally Issued Municipal Land Division Approvals", "title_es": "Consecuencias de visados municipales otorgados ilegalmente", "summary_en": "The Office of the Attorney General responds to the Municipality of Orotina concerning the legal consequences of issuing municipal land division approvals (visados) and construction permits without complying with urban planning regulations. It holds that the visado is an administrative act of urban control and that issuing it in violation of the law renders it null. Three scenarios are distinguished: (1) if the map has not led to a property registry entry, the Municipality must simply deny the visado; (2) if an irregular visado was issued but no registration has occurred, the Municipality must annul it administratively if the nullity is absolute, evident, and manifest (Article 173 of the General Public Administration Act), or through a lesividad lawsuit otherwise; (3) if the flawed visado led to a registry entry, first the visado must be annulled, and then the registration, which is itself an administrative act that can be annulled administratively if the nullity is absolute and manifest. Annulment of the registration does not affect the right of ownership, which persists, although the document loses effect against third parties. The opinion reaffirms earlier Opinion C-069-2003 and updates references to the Contentious-Administrative Procedure Code, Law 8508.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "21/05/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15184.json", "html_url": "/legal/doc/pgr-15184", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15184&strTipM=T" }, { "id": "pgr-15201", "citation": "C-192-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Prohibition for public officials to act as soil use certifiers due to conflict of interest", "title_es": "Prohibición para funcionarios públicos de actuar como certificadores de uso del suelo por conflicto de intereses", "summary_en": "The Attorney General's Office concludes that MAG and INTA officials are prohibited from accrediting and privately practicing as certifiers of compliant soil use, as this creates a conflict of interest contrary to ethical principles of public service. The private activity would coincide with the functions of the employing body, granting undue advantages and compromising impartiality. Officials from other bodies may do so if there is no direct relationship with MAG functions, it is done outside working hours, and they are not under exclusive dedication. Temporarily suspending exclusive dedication or using vacations or unpaid leave to evade the prohibition is not allowed, as the employment relationship persists and ethical incompatibilities remain.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779", "_off-topic" ], "date": "04/06/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15201.json", "html_url": "/legal/doc/pgr-15201", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15201&strTipM=T" }, { "id": "pgr-15202", "citation": "C-177-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal authority to issue land-use certificates without a zoning plan", "title_es": "Competencia municipal para certificados de uso de suelo sin plan regulador", "summary_en": "The Attorney General's Office examines whether municipalities can issue land-use certificates (certificados de uso del suelo) in the absence of a local regulatory plan. It concludes that the power under Article 28 of the Urban Planning Law belongs exclusively to municipalities, even in cantons without a plan. However, where no local zoning exists, land-use determination and certification must rely on the regional plan, applicable national regulations, and INVU guidelines, with each application decided case by case. It also confirms that changing agricultural land use requires prior approval from the Ministry of Agriculture (MAG) under Article 56 of the Soil Use, Management and Conservation Law Regulation.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "soil-conservation-7779" ], "date": "29/05/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15202.json", "html_url": "/legal/doc/pgr-15202", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15202&strTipM=T" }, { "id": "pgr-15204", "citation": "C-193-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "INTA and professionals' authority in soil studies and land-use certifications under the Soil Law", "title_es": "Competencias del INTA y profesionales en estudios de suelos y certificaciones de uso conforme bajo la LUMCS", "summary_en": "The Attorney General's Office analyzes whether INTA is legally authorized to conduct soil studies and issue land-use compliance certifications under the Soil Use, Management and Conservation Law (LUMCS) and its regulations, and whether INTA professionals may exercise those functions privately. It determines that the tax incentives under Articles 48 and 49 LUMCS require land studies prepared by professionals authorized by the College of Agronomists and approved by MAG/INTA. INTA, as an agricultural research body, has general authority to conduct soil studies, but for tax purposes under Article 46 LUMCS, it must contract such professionals. Regarding certification under Article 47, the authority belongs to the same professionals; INTA may provide the service through external contracting. Professionals working for INTA must dedicate themselves exclusively to their functions, with a prohibition on private practice, to avoid conflicts of interest. Finally, forestry science graduates registered with the College are qualified to conduct soil studies and certifications in general, not only on forest lands.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779" ], "date": "04/06/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15204.json", "html_url": "/legal/doc/pgr-15204", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15204&strTipM=T" }, { "id": "pgr-15215", "citation": "OJ-029-2008", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Transfer of Balneario Ojo de Agua to AyA", "title_es": "Traspaso del Balneario Ojo de Agua al AyA", "summary_en": "The PGR analyzed Legislative Bill 16,355, which authorized INCOP to donate the Balneario Ojo de Agua property to AyA. It held that the transfer does not affect the public-domain status of the groundwater or the protection areas around the spring, since AyA is legally empowered to manage and protect drinking-water catchments. The PGR found the decision to transfer the property to be a matter of legislative discretion. However, it recommended: (1) correcting the name of INCOP; (2) clarifying whether AyA would continue recreational activities, which fall outside its normal functions; (3) adjusting the drafting of the dismissal provisions to comply with constitutional case law requiring simultaneous payment of severance; and (4) assessing whether the repeal of Law 7304 could give rise to compensation claims by the original beneficiary association for improvements made on the property.", "primary_topic_id": null, "topic_ids": [ "water-law", "property-and-titling", "_off-topic" ], "date": "06/06/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15215.json", "html_url": "/legal/doc/pgr-15215", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15215&strTipM=T" }, { "id": "pgr-15235", "citation": "C-218-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of Articles 38 and 39 of the Urban Planning Law on Aqueducts and Sewers", "title_es": "Alcances de los artículos 38 y 39 de la Ley de Planificación Urbana en acueductos y alcantarillados", "summary_en": "This opinion interprets Articles 38 and 39 of the Urban Planning Law regarding the powers of the Costa Rican Institute of Aqueducts and Sewers (AyA) to authorize private investment in water and sewer infrastructure. It concludes that the general rule is to deny urbanization permits in areas lacking public services, but exceptionally allows developers to finance necessary works under AyA's approval and oversight. The term \"urbanization projects\" is to be broadly construed, enabling AyA to authorize works of any kind. Joint public-private investment is only permissible when justified by public interest and supported by technical studies. Infrastructure built by developers becomes state property, and the developer gains no preferential rights to the service. The Regulation issued by AyA's Board to implement Article 38 raises doubts of constitutionality for encroaching on the Executive Branch's exclusive regulatory powers.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "25/06/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15235.json", "html_url": "/legal/doc/pgr-15235", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15235&strTipM=T" }, { "id": "pgr-15250", "citation": "C-223-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Non-subjection to property tax in environmental protection zones", "title_es": "No sujeción al impuesto sobre bienes inmuebles en zonas de protección ambiental", "summary_en": "This opinion addresses whether owners of properties affected by environmental protection measures—such as water source protection zones, riverbanks, or stream margins—must pay the property tax under Law 7509. The Attorney General's Office concludes that, pursuant to Article 4(b) of said law, these properties are not subject to the tax when they constitute hydrographic basins or have been declared forest, indigenous, or biological reserves, national parks, or similar categories. The non-subjection applies to the entire property, regardless of what portion is under the protection regime. To receive the benefit, the owner must submit certification from MINAE to the municipality confirming the property’s status. The opinion further clarifies that the exemption for fixed constructions on land under a forestry regime depends on compliance with Forestry Law requirements, such as management plans, and is not automatic.", "primary_topic_id": "water-law", "topic_ids": [ "forestry-law-7575", "water-law" ], "date": "25/06/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15250.json", "html_url": "/legal/doc/pgr-15250", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15250&strTipM=T" }, { "id": "pgr-15265", "citation": "OJ-036-2008", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on the bill on the real right of surface", "title_es": "Opinión sobre proyecto de ley del derecho real de superficie", "summary_en": "The Attorney General's Office analyzes the bill 'Law regulating the real right of surface' (file 16.303). It concludes that, contrary to the bill's statement of grounds, the right of surface is not regulated in Costa Rican legislation through Laws 6043 and 6758, nor has it been expressly recognized by the jurisprudence of the First Chamber of the Supreme Court of Justice. It warns that transferring this civil law figure to the public domain is legally improper. The assessment of the advisability of creating this new real right is exclusively for the legislature. The opinion makes numerous observations on the articles, including suggestions on registration, terms, taxation, and its relationship with the family housing subsidy. It notes that the bill is based on Argentine legislation but adapts its provisions to the national context.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/06/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15265.json", "html_url": "/legal/doc/pgr-15265", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15265&strTipM=T" }, { "id": "pgr-15269", "citation": "C-234-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Impossibility for state commercial banks to form corporations with private foundations to grant credit", "title_es": "Imposibilidad de que bancos comerciales del Estado constituyan sociedades anónimas con fundaciones privadas para otorgar créditos", "summary_en": "The Attorney General's Office analyzes whether state commercial banks may form a corporation with a foreign private foundation to lend to non-creditworthy individuals. It concludes that such formation is prohibited. State banks are governed by the principle of specialty, and the Organic Law of the National Banking System only allows creating public or semi-public financial entities, or service companies exclusively for the banks themselves. The proposed corporation would not be a financial entity, would grant commercial loans governed by the Commercial Code, would not raise public funds or serve the bank, and would involve a foreign private partner. The operation does not fit within the exceptions of Article 73 of that law. A special law would be required. The opinion suggests that financial inclusion goals should be pursued through the Development Banking System.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/07/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15269.json", "html_url": "/legal/doc/pgr-15269", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15269&strTipM=T" }, { "id": "pgr-15273", "citation": "C-250-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Administration and leasing of segregated area from the Northern Border Wildlife Refuge", "title_es": "Administración y arrendamiento de área segregada del Refugio Nacional de Vida Silvestre Frontera Norte", "summary_en": "The PGR examines whether the IDA regained administration of the area segregated from the Northern Border Wildlife Refuge by Law 7774 and whether it can grant leases. It concludes that administration belongs to the relevant municipality under Article 2, while Article 3 empowers the IDA to lease urban lands, built or not, within that area, despite the annulment of Law 7599. The border strip is inalienable public domain, and its designation as a refuge reinforces its protection as part of the State's Natural Heritage. It notes a legal inconsistency in separating administration from leasing power and suggests a reform to unify both in the municipality.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "16/07/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15273.json", "html_url": "/legal/doc/pgr-15273", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15273&strTipM=T" }, { "id": "pgr-15275", "citation": "C-243-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Impossibility of declaring public streets in informal settlements", "title_es": "Imposibilidad de declarar calles públicas en asentamientos informales", "summary_en": "The Office of the Attorney General responds to the Municipal Council of Curridabat on three issues concerning informal human settlements. First, it rules that the Council cannot declare existing streets in settlements that arose outside the Urban Planning Law and the local regulatory plan to be public, as such a declaration would lack legal basis and contravene planning principles. Public streets must originate from urbanization or subdivision processes culminating in gratuitous transfer to the municipality. Second, although Article 17 of the Urban Planning Law allows amendment of a regulatory plan, it cautions that modifications must be based on technical criteria and not on validation of de facto situations contrary to law. Third, it recalls that Council members are jointly and severally liable for illegal agreements under the liability regime of the General Public Administration Act and the Municipal Code, without prejudice to criminal liability.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "15/07/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15275.json", "html_url": "/legal/doc/pgr-15275", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15275&strTipM=T" }, { "id": "pgr-15321", "citation": "OJ-063-2008", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Wildlife Conservation Law reform bill — fund allocation and administrative structure", "title_es": "Proyecto de reforma a Ley de Conservación de Vida Silvestre — destino de fondos y estructura administrativa", "summary_en": "The Attorney General’s Office reviews legislative bill 16673, which amends the Wildlife Conservation Law (7317). It states that references to the General Directorate of Wildlife must be removed, since its powers are now exercised by the National System of Conservation Areas (SINAC) under the Biodiversity Law 7788. It recalls that the Constitutional Chamber has upheld the creation of earmarked taxes (ruling 4528-1999) and SINAC’s instrumental legal personality to administer trusts subject to oversight by the Comptroller General (ruling 9563-2006). It warns of a potential legal conflict: the bill proposes depositing proceeds from the wildlife stamp directly into the Wildlife Fund account, whereas the current article 11 (amended by the Biodiversity Law) requires the Ministry of Finance to transfer those resources quarterly. It cites as precedent the annulment of a decree that deposited a fee into a Wildlife Directorate account (ruling 6869-96). The opinion recommends scrutinizing this discrepancy to avoid constitutional flaws.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "biodiversity-law-7788" ], "date": "06/08/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15321.json", "html_url": "/legal/doc/pgr-15321", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15321&strTipM=T" }, { "id": "pgr-15337", "citation": "C-230-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Annulment of professional incorporation for lack of academic qualification", "title_es": "Anulación de incorporación profesional por falta de idoneidad académica", "summary_en": "The Attorney General's Office issues a favorable opinion so that the Federated College of Engineers and Architects (CFIA) may administratively annul, pursuant to Article 173 of the General Law on Public Administration, the act incorporating an individual as a construction engineer. The administrative proceeding verified that the degree certificate and graduation certification submitted by the applicant were not issued by the Costa Rica Institute of Technology (ITCR) and that he never graduated from that program. The Attorney General determines that the incorporation act is vitiated by absolute, evident, and manifest nullity due to lack of legitimate grounds and lawful content, as it enabled a person without the required academic qualification to practice the profession. The existence of a criminal prejudicial issue that would prevent an administrative pronouncement is analyzed and dismissed, considering that the main purpose of the proceeding is not to determine document falsification, but the invalidity of the act for failure to meet the legal incorporation requirements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/07/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15337.json", "html_url": "/legal/doc/pgr-15337", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15337&strTipM=T" }, { "id": "pgr-15344", "citation": "OJ-069-2008", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Change of management category from protective zone to biological reserve in Pococí and Guácimo", "title_es": "Cambio de categoría de manejo de zona protectora a reserva biológica en Pococí y Guácimo", "summary_en": "The Attorney General's Office reviews the bill to create a biological reserve in the protective zone of the aquifers of Pococí and Guácimo. It warns that the bill confusingly mixes the categories of protective zone, biological reserve, and national park, lacking technical justification for the category change. It points out that biological reserves have strictly conservation-oriented purposes, subject to prohibitions like banning logging, construction, and commercial activities under Law 6084. It further notes that such areas belong to the State Natural Heritage and their use is restricted to research, training, and ecotourism. It recommends correcting coordinate errors, consulting the Comptroller General on financial matters and trusts, and updating legal references. It concludes that the bill requires solid technical justification and must respect the absolute protection regime characteristic of biological reserves.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "environmental-law-7554", "forestry-law-7575" ], "date": "12/08/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15344.json", "html_url": "/legal/doc/pgr-15344", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15344&strTipM=T" }, { "id": "pgr-15357", "citation": "OJ-028-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on the Validity of Loan Agreement 4457-CR for the Environmental Services Payment Program", "title_es": "Opinión sobre la validez del Contrato de Préstamo 4457-CR para el Programa de Pagos de Servicios Ambientales", "summary_en": "The Attorney General's Office examines compliance with constitutional and legal requirements for the validity and effectiveness of Loan Agreement 4457-CR between the World Bank and Costa Rica, intended to finance the Environmental Services Payment Program for up to US$32,630,000. It finds that the agreement was approved by the Legislative Assembly through Law 8058, an essential requirement under Article 121(15) of the Political Constitution, and that it requires no further legislative or administrative approval. It also verifies that the signatories had full powers sufficient under the Forestry Law and its regulations. It concludes that the agreement establishes direct, valid, and binding obligations for the Costa Rican State.", "primary_topic_id": null, "topic_ids": [], "date": "16/04/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-15357.json", "html_url": "/legal/doc/pgr-15357", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15357&strTipM=T" }, { "id": "pgr-15373", "citation": "OJ-023-2001", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Certification of validity of Loan 4557-CR and FONAFIFO's capacity to receive donations", "title_es": "Certificación de vigencia del Préstamo 4557-CR y capacidad de FONAFIFO para recibir donaciones", "summary_en": "This legal opinion certifies that Loan Agreement 4557-CR with IBRD was approved by the Legislative Assembly, became Law 8058 upon publication in the Official Gazette on January 18, 2001, and is therefore a binding legal obligation for Costa Rica. It also confirms that FONAFIFO, created under Forestry Law 7575, is legally authorized to receive donations from national and international organizations without additional legislative approval, pursuant to Article 47(b) of that law. The document responds to a World Bank request and clarifies both the legal status of the loan and FONAFIFO's institutional capacity to manage grant funds, which was relevant for implementing forestry projects with international financing.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "21/03/2001", "year": "2001", "json_url": "/data/legal/docs/pgr-15373.json", "html_url": "/legal/doc/pgr-15373", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15373&strTipM=T" }, { "id": "pgr-15398", "citation": "C-312-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Authority to hire a foreign lawyer and recover pre-Columbian artifacts", "title_es": "Competencia para contratar abogado en el exterior y recuperar bienes precolombinos", "summary_en": "The Attorney General's Office responds to the National Museum regarding which body is competent to hire a lawyer abroad to assist in recovering illegally exported pre-Columbian archaeological objects. It analyzes the National Archaeological Heritage Law No. 6703, which declares archaeological property to be public domain and requires diplomatic channels for recovery, as well as the 1970 Paris Convention, which obligates State Parties to seize and return cultural property stolen from museums and allows replevin actions for other property. It concludes that, as the actions involve dealings with foreign authorities, the representation and international engagement of the State fall to the Ministry of Foreign Affairs, which —not the National Museum— is the entity responsible for contracting legal services abroad for this purpose.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703", "_off-topic" ], "date": "09/09/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15398.json", "html_url": "/legal/doc/pgr-15398", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15398&strTipM=T" }, { "id": "pgr-15403", "citation": "OJ-086-2008", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Tax exemptions for community development associations", "title_es": "Exenciones tributarias de asociaciones de desarrollo comunal", "summary_en": "Opinion 086-2008 examines the tax exemption regime for community development associations registered with DINADECO under Law 3859. The Attorney General’s Office concludes that, although Article 38 of Law 3859 provides a general exemption from national and municipal taxes, this does not cover the sales tax due to the express repeal in Article 23 of Law 6826 and the temporal limitation of Article 63 of the Tax Code, as amended by Law 7293, which restricts exemptions to taxes created before its enactment. The legality of the association and its registration in the National Registry are essential requirements for benefiting from the regime. A study by the National System of Legislation in Force (SINALEVI) was requested to identify the specific taxes covered in the relevant period.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/09/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15403.json", "html_url": "/legal/doc/pgr-15403", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15403&strTipM=T" }, { "id": "pgr-15409", "citation": "C-316-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Public-utility declaration of associations: requirements and oversight", "title_es": "Declaratoria de utilidad pública de asociaciones: requisitos y fiscalización", "summary_en": "The consultation raised four questions regarding associations declared of public utility: (1) whether all their purposes must benefit the State or just one suffices; (2) the oversight role of the Ministry of Justice; (3) other entities involved; (4) who monitors the use of income-tax-exempt funds. The PGR opined that only one or some of the association's purposes need to be useful to the State's interests and fulfill a social need; the law does not require all purposes to meet this standard. The Ministry of Justice, through the Directorate or Sub-Directorate of the Legal Persons Registry, holds general administrative oversight and monitoring authority, and a public-utility declaration does not create any special exemption from that control. Furthermore, the Directorate General of Direct Taxation is empowered to verify that the association's income is entirely devoted to public or charitable purposes, a condition for remaining exempt from income tax, exercising inspection powers under the Tax Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/09/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15409.json", "html_url": "/legal/doc/pgr-15409", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15409&strTipM=T" }, { "id": "pgr-15433", "citation": "C-327-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of Consultation on Payment of Councilor's Allowances", "title_es": "Improcedencia de consulta sobre pago de dietas a regidor", "summary_en": "The Office of the Attorney General declines to answer the query submitted by the Municipality of Paraíso, finding that it fails to meet the admissibility requirements established in the Organic Law of the Attorney General's Office. Specifically, the query concerns a specific case —whether certain allowances should be paid to a particular councilor for a defined period— whereas the Attorney General's advisory function is limited to abstract, generic legal questions. The opinion warns that issuing a pronouncement on this matter would amount to substituting the active administration in taking a decision that belongs to it alone, given the binding nature of the Attorney General's opinions. Accordingly, the advisory jurisdiction is declined, without prejudice to the municipality reframing the query in general terms in the future.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/09/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15433.json", "html_url": "/legal/doc/pgr-15433", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15433&strTipM=T" }, { "id": "pgr-15446", "citation": "OJ-078-2008", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Geothermal energy production in national parks — bill incompatible with environmental legal framework", "title_es": "Producción de energía geotérmica en parques nacionales — proyecto de ley incompatible con el ordenamiento ambiental", "summary_en": "The Attorney General's Office (PGR) reviews bill 'Geothermal Energy Production in National Parks Law' (legislative file 16137) and concludes it is incompatible with the Political Constitution and international obligations. The opinion defines the primary purposes of national parks —conservation of scenic beauty, ecosystems, and biodiversity, subordinating extractive uses— and finds the bill violates Article 3 of the Washington Convention (Law 3763), which prohibits commercial exploitation of national park resources, by contemplating commercially driven geothermal exploitation. Additionally, the bill exempts the reconnaissance, pre-feasibility, and feasibility stages from environmental impact assessment (EIA) by SETENA, confining EIA to the utilization phase, which hollows out the right to a healthy environment (Article 50 of the Constitution) and breaches the preventive and precautionary principles. The PGR warns that the legislative omission of EIA for activities involving deep drilling and access roads is unconstitutional due to unreasonableness and lack of technical justification.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "09/09/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15446.json", "html_url": "/legal/doc/pgr-15446", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15446&strTipM=T" }, { "id": "pgr-15468", "citation": "OJ-092-2008", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Inappropriateness of Titling Land Within the Golfo Dulce Forest Reserve", "title_es": "Improcedencia de titular tierras dentro de la Reserva Forestal Golfo Dulce", "summary_en": "The Attorney General's Office opines that Legislative Bill No. 17.003, which sought to title lands occupied within the Golfo Dulce Forest Reserve in favor of possessors with more than ten years of occupation, is unconstitutional, legally unviable, and contrary to the public interest. It notes that the lands are part of the State's Natural Heritage, thus inalienable and imprescriptible, and that possession after the reserve's creation in 1978 creates no rights. The proposal would entail a tacit removal from the public domain without technical studies, violating Article 50 of the Constitution, and would set a dangerous precedent for other protected areas. Furthermore, it warns of irregularities in the alleged possessions, forestry crimes, and the risk of also affecting the maritime-terrestrial zone and the Guaymí Indigenous Reserve of Osa.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "01/10/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15468.json", "html_url": "/legal/doc/pgr-15468", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15468&strTipM=T" }, { "id": "pgr-15478", "citation": "C-364-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Public domain nature of Ostional Refuge and exclusion of mangroves and estuaries beyond the vegetation line", "title_es": "Naturaleza demanial del Refugio Ostional y exclusión de manglares y esteros más allá de la línea de vegetación", "summary_en": "The Attorney General's Office clarifies the legal status of the Ostional National Wildlife Refuge. It concludes that the refuge is state-owned, established on public domain lands (the maritime zone), and therefore no private property can exist within its boundaries except for rights registered before its creation, which must be expropriated. Regarding mangroves and estuaries, they are part of the refuge only within their public domain area, i.e., up to the vegetation line defining their contour; the area beyond that line is not included in the refuge limits. The restricted zone is measured from the vegetation line of the estuaries or the mangrove limit if they extend more than 50 meters inland from the ordinary high tide.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "07/10/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15478.json", "html_url": "/legal/doc/pgr-15478", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15478&strTipM=T" }, { "id": "pgr-15504", "citation": "OJ-097-2008", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Defeasance of the border strip and potential harm to natural heritage", "title_es": "Desafectación de la franja fronteriza y posible lesión al patrimonio natural", "summary_en": "The Attorney General's Office analyzed a bill seeking to authorize the agrarian development institute to title properties within the two-kilometer border strip with Panama and Nicaragua. While the bill excluded protected wild areas, it still allowed titling of forests and forest lands outside those areas, which would reduce the State's Natural Heritage and violate Article 50 of the Constitution and the precautionary principle. It also warned about potential harm to indigenous territories because they were not expressly listed among the exceptions, contravening ILO Convention 169. Finally, it highlighted serious technical inconsistencies: current occupants are not legal possessors because public domain goods cannot be acquired by adverse possession, so the law would only take effect ten years after defeasance, and the procedure would be judicial, not administrative, rendering the bill practically meaningless in the short term and legally contradictory.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "art-50-constitution", "indigenous-law-6172" ], "date": "13/10/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15504.json", "html_url": "/legal/doc/pgr-15504", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15504&strTipM=T" }, { "id": "pgr-15522", "citation": "C-381-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Powers of district municipal councils over coastal regulatory plans and maritime terrestrial zone", "title_es": "Competencias de concejos municipales de distrito sobre planes reguladores costeros y zona marítimo terrestre", "summary_en": "The PGR clarifies that, after the reform of Law 6043 by Law 8506 (Article 73 bis), district municipal councils with jurisdiction over coastal zones (Cóbano, Paquera, Lepanto) assume the powers over the maritime terrestrial zone previously exercised by the Municipality of Puntarenas. However, public hearings for coastal regulatory plans already held by the latter are not curable; the district council must carry them out directly. It emphasizes that regulatory plans, as normative acts, cannot alter the legal designation of public assets such as forests and public forest lands belonging to the Natural Heritage of the State, whose administration falls to SINAC, not municipalities. Councils may not grant concessions on these areas.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "21/10/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15522.json", "html_url": "/legal/doc/pgr-15522", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15522&strTipM=T" }, { "id": "pgr-15544", "citation": "C-382-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Judicial conciliation of municipal debts — conflict between Regulation and Judicial Collection Law", "title_es": "Conciliación judicial de deudas municipales — conflicto entre Reglamento y Ley de Cobro Judicial", "summary_en": "The Attorney General's Office answers the Municipality of Santa Bárbara on whether municipal lawyers may conciliate tax debts in court when the local regulation forbids it and the new Judicial Collection Law allows it. It concludes that municipalities are indeed empowered to conciliate regarding the method of payment of debts, but not regarding tax amounts, current interest, or moratory interest, as these fall under non-negotiable sovereign powers. To exercise this power, the Municipal Council must authorize the lawyers beforehand through a reasoned decision, and must amend the local regulation. Furthermore, before transferring a collection to court, the administration must issue two payment demands as per Article 150 of the General Public Administration Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/10/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15544.json", "html_url": "/legal/doc/pgr-15544", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15544&strTipM=T" }, { "id": "pgr-15593", "citation": "OJ-124-2008", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Unconstitutionality of bill to grant city status to El Coco", "title_es": "Inconstitucionalidad del proyecto de ley para declarar ciudad a El Coco", "summary_en": "The Attorney General's Office analyzes Bill No. 17.031, which sought to declare El Coco, Sardinal, Carrillo, Guanacaste, a city, thereby excluding it from the Maritime Terrestrial Zone Law and allowing titling of the public zone to possessors with more than thirty years. The PGR warns that the bill is almost identical to Law 8464 (Cahuita and Puerto Viejo), which faces a constitutional challenge, and reproduces its report to the Constitutional Chamber. It finds violations of Article 121.14 of the Constitution by tacitly declassifying the maritime terrestrial zone without technical studies, contravening the public domain regime of inalienability and imprescriptibility. It infringes Article 50 by undermining coastal environmental assets and disregarding the principle of reasonableness. It breaches the equality principle (Art. 33) by granting unjustified privileges to El Coco residents. Concludes that the bill has serious constitutional flaws and advises against its approval, as it would harm national heritage and facilitate privatization of beaches and mangroves.", "primary_topic_id": null, "topic_ids": [], "date": "14/11/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15593.json", "html_url": "/legal/doc/pgr-15593", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15593&strTipM=T" }, { "id": "pgr-15630", "citation": "C-421-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "INVU approval of construction plans in the Papagayo Gulf Tourist Project", "title_es": "Aprobación de planos constructivos en el Polo Turístico Golfo de Papagayo por el INVU", "summary_en": "The Attorney General's Office clarifies that although the Papagayo Gulf Tourist Project is governed by special regulations, it does not constitute an exception regime from the rest of the legal system. Therefore, Article 31 of Law 6043 on the Maritime Zone is fully applicable: plans for urban or tourist developments (construction plans, not zoning plans) that affect the maritime zone within the Project must be approved by the National Institute of Housing and Urbanism (INVU), in addition to the ICT and other competent bodies. Tourist marinas and docks are excluded from this path, as they are governed by their own special law (7744) and its regulation.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "26/11/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15630.json", "html_url": "/legal/doc/pgr-15630", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15630&strTipM=T" }, { "id": "pgr-15639", "citation": "C-433-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal Council competence to annul labor acts and requirements for prohibition bonus", "title_es": "Competencia del Concejo Municipal para anular actos laborales y requisitos del plus por prohibición profesional", "summary_en": "The Office of the Attorney General of Costa Rica issues a favorable opinion allowing the Municipality of Flores to annul, through administrative channels, the act that granted the Municipal Treasurer a 65% salary bonus for prohibition from practicing a liberal profession, as regulated by articles 14 and 15 of the Law against Corruption and Illicit Enrichment in Public Function. The advisory body finds that the payment lacks legal basis because the official does not hold a university degree or membership in a professional association, a logical prerequisite for receiving such a bonus. The opinion changes previous criteria and establishes that following amendments to the Municipal Code by the Contentious Administrative Procedure Code, the Municipal Council—not the Mayor—is the competent body to declare the absolute, evident, and manifest nullity of municipal labor acts, as it is the last instance exhausting the administrative path. Procedural aspects are also reviewed, such as the delegation of instruction to a body other than the Council secretary, confirming that in this case the motivation requirements were met.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/12/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15639.json", "html_url": "/legal/doc/pgr-15639", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15639&strTipM=T" }, { "id": "pgr-15650", "citation": "C-434-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Eligible credit recipients under JUDESUR Financing Regulation", "title_es": "Sujetos de crédito del Reglamento de Financiamiento de JUDESUR", "summary_en": "Opinion C-434-2008 of the Attorney General's Office interprets articles 1 and 3 of the JUDESUR General Financing Regulation, concluding that they do not establish an exhaustive list of organizations eligible for credit. Law 7012, which created the Golfito Free Commercial Warehouse, allows any private organization with valid legal personality, regardless of its organizational form, to receive financing provided the projects promote integral socioeconomic development of the South Zone. Moreover, private entities must obtain a suitability qualification from the Comptroller General of the Republic for administering public funds, an indispensable requirement without which JUDESUR cannot grant financing, even if the entity meets other legal and regulatory requirements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/12/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15650.json", "html_url": "/legal/doc/pgr-15650", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15650&strTipM=T" }, { "id": "pgr-15659", "citation": "C-425-2008", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Rejection of consultation on school autonomy due to concrete case", "title_es": "Rechazo de consulta sobre autonomía de colegio por caso concreto", "summary_en": "The Office of the Attorney General of Costa Rica rejects the request for a legal opinion submitted by the Administrative Board of the San Luis Gonzaga School regarding the scope of Articles 1 and 2 of Law No. 4471, in the context of the dismissal of a director and the interim appointment of another official. The PGR determines that the consultation fails to meet two admissibility requirements: it concerns a concrete case (the specific situations of the officials involved), and the internal legal opinion was not attached. Based on its administrative jurisprudence and Articles 3 and 4 of its Organic Law, the PGR declines to exercise its advisory function, without prejudice to reformulating the consultation in abstract terms and complying with legal requirements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/12/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-15659.json", "html_url": "/legal/doc/pgr-15659", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15659&strTipM=T" }, { "id": "pgr-15682", "citation": "C-020-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Discretionary Suspension of Urban Developments and Building Permits by Municipal Council", "title_es": "Suspensión discrecional de desarrollos urbanísticos y licencias de construcción por el Concejo Municipal", "summary_en": "The inquiry asks whether the Municipal Council of Santa Bárbara may, by agreement, discretionarily suspend the approval of any urban development and the issuance of building permits, citing reasons of opportunity and convenience. The Attorney General’s Office concludes that municipalities lack discretionary power to set aside the Regulatory Plan or establish a general moratorium on building permits. The approved zoning binds both private parties and the local authority, safeguarding legal certainty. Modifications or suspensions of plans may only occur through the procedure set out in Article 17 of the Urban Planning Law, and permit denials must fall within the exhaustive grounds of Article 58 of that law. Furthermore, limiting permits to resident neighbors while excluding non‑resident owners would be discriminatory and unconstitutional.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/01/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15682.json", "html_url": "/legal/doc/pgr-15682", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15682&strTipM=T" }, { "id": "pgr-15717", "citation": "OJ-013-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutionality concerns in draft reform of the Environmental Organic Law", "title_es": "Problemas de constitucionalidad en proyecto de reforma a la Ley Orgánica del Ambiente", "summary_en": "The Attorney General's Office, at the request of the Legislative Assembly's Special Environmental Commission, issues a legal opinion on Draft Law No. 16.874, which sought to amend various articles of the Environmental Organic Law No. 7554. The opinion analyzes formal and substantive issues, identifying constitutional frictions. It notes that the amendment to Article 17 broadens the EIA requirement with generic wording and recommends incorporating the precautionary principle. It objects to limiting public participation (Art. 22) and eliminating mandatory prior field inspections (Arts. 84 and 89) as violations of preventive and precautionary principles. The change in professional accreditation before ECA (Art. 18) and the new SETENA structure (Art. 84 bis) are examined, warning of risks of politicization. It suggests an explicit ban on positive silence in environmental matters (Art. 88) and strengthening the role of municipalities in territorial planning (Art. 28). The opinion concludes that the draft presents constitutional and legislative drafting problems that should be resolved, without issuing a binding ruling since this is an advisory legal opinion.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "art-50-constitution" ], "date": "10/02/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15717.json", "html_url": "/legal/doc/pgr-15717", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15717&strTipM=T" }, { "id": "pgr-15721", "citation": "C-034-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Urban planning sanctioning power and enforcement of sanctions", "title_es": "Potestad sancionatoria en materia urbanística y ejecución de sanciones", "summary_en": "The Attorney General's Office clarifies the municipal sanctioning power regime in urban planning matters. It explains that a construction permit is a preventive administrative authorization verifying compliance with environmental-urban regulations. Urban inspection allows the municipality to monitor ongoing compliance. Upon detecting unpermitted work, the administration may proceed with immediate closure (mere verification) or follow a special procedure (Articles 93-96 of the Construction Law) to order demolition. Imposed sanctions carry enforceability, enabling the municipality to execute them directly through forced execution, substitute execution, or compulsory compliance, while respecting guarantees under Article 150 of the General Public Administration Law. It does not directly address the statute of limitations for administrative acts or land-use certificates, limiting itself to outlining the applicable legal framework.", "primary_topic_id": null, "topic_ids": [], "date": "10/02/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15721.json", "html_url": "/legal/doc/pgr-15721", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15721&strTipM=T" }, { "id": "pgr-15723", "citation": "OJ-007-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Change of use from green zones and communal areas to housing by executive decree", "title_es": "Cambio de destino de zonas verdes y comunales a vivienda por decreto ejecutivo", "summary_en": "The Attorney General's Office responds to a legislator regarding the legal basis for changing the use of green and communal areas to housing in Hatillo Satellite City, enacted by Executive Decree 34303. It analyzes the nature of public domain versus patrimonial assets, concluding that parks and communal areas are public domain. However, the removal of public domain status is valid because the original designation was also by decree (22778-MP-MIVAH), under the principle of parallelism of legal forms per Article 69 of the Administrative Contracting Law. It warns that this declassification must not undermine higher laws, such as mandatory minimum park percentages under the Urban Planning Law, which must be observed in each project. The opinion is non-binding.", "primary_topic_id": null, "topic_ids": [], "date": "27/01/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15723.json", "html_url": "/legal/doc/pgr-15723", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15723&strTipM=T" }, { "id": "pgr-15731", "citation": "OJ-020-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Application of Decree-Law LXV of 1888 on the inalienable zone of Volcán Barba", "title_es": "Aplicación del Decreto Ley LXV de 1888 sobre la zona inalienable del Volcán Barba", "summary_en": "Legal Opinion OJ-020-2009 of the Attorney General's Office responds to inquiries by Deputy Salvador Quirós Conejo on the validity, nature, and scope of Decree-Law LXV of July 30, 1888, which declared inalienable a two-kilometer strip on each side of the summit of the Volcán Barba mountain from Zurquí hill to Concordia hill (now Guararí). It concludes that the norm remains fully in force, having not been expressly or tacitly repealed. Its nature is that of a law of the Republic. The definitive delimitation was established by an 1888 map prepared by Moisés Rodríguez, and any subsequent modification requires a formal law. The current physical demarcation is the responsibility of MINAE, supported by the National Geographic Institute. Property rights are only recognized if registered prior to the declaration and backed by ten years of prior possession; later occupations create no rights. It suggests that, based on technical studies, up to 18% of the area currently outside protected wildlands could be released from the inalienability regime, imposing restrictions to protect aquifer recharge.", "primary_topic_id": null, "topic_ids": [], "date": "20/02/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15731.json", "html_url": "/legal/doc/pgr-15731", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15731&strTipM=T" }, { "id": "pgr-15738", "citation": "C-046-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Article 173 LGAP procedure inapplicable to annul Urban Planning approval because it is a preparatory act", "title_es": "Improcedencia del procedimiento del artículo 173 LGAP para anular aprobación de Plan Regulador por ser acto de trámite", "summary_en": "The Attorney General examines whether the approval of the Playa Pará Regulatory Plan by the INVU's Urban Planning Directorate is a rights-creating act subject to the annulment procedure of Article 173 of the General Public Administration Act (LGAP). It concludes that it is not, but rather a preparatory and oversight act that does not create subjective rights. Therefore, the request for a favorable opinion to annul it is inadmissible; its annulment must follow Articles 174 and 180 of the LGAP. The opinion stems from irregularities identified by the Comptroller General, who noted that the regulatory plan was approved on forested land that is part of the State's Natural Heritage, without complying with the requirements of the Forestry Law and the Maritime-Terrestrial Zone Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/02/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15738.json", "html_url": "/legal/doc/pgr-15738", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15738&strTipM=T" }, { "id": "pgr-15754", "citation": "C-059-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Professional boards' power to annul membership acts", "title_es": "Potestad anulatoria de colegios profesionales sobre actos de incorporación", "summary_en": "The Attorney General's Office analyzes the power of a professional board to annul acts that declare subjective rights, such as the admission of a member who fails to meet legal requirements. It concludes that professional boards, exercising public functions, may declare the absolute, evident, and manifest nullity of such acts through the administrative proceeding under Article 173 of the General Public Administration Act, with a binding favorable opinion from the Attorney General, or through a judicial lesividad action. The nullity is not contingent on a prior criminal ruling regarding document falsification, as the purpose is to determine the act's validity due to lack of professional qualifications, not to establish a crime. The time limit for exercising this annulment power depends on the date of the act: if before January 1, 2008, a four-year period applies; if after, the power remains open as long as the act produces effects. A void act does not create administrative custom or rights for third parties claiming equal treatment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/02/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15754.json", "html_url": "/legal/doc/pgr-15754", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15754&strTipM=T" }, { "id": "pgr-15761", "citation": "C-070-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "UCR participation in coastal regulatory plans financed by private donations", "title_es": "Participación de la UCR en planes reguladores costeros financiados con donaciones privadas", "summary_en": "The University of Costa Rica (UCR) asked whether it could provide technical inputs for coastal regulatory plans using private donations. The Attorney General's Office concluded that, in principle, the UCR may supply studies and technical diagnoses to municipalities, under prior agreement, for the adoption of coastal regulatory plans. The donations must be unconditional, not compromise public interest, and be subject to strict transparency and conflict-of-interest controls under Laws 8422 and 8292 and the Comptroller General's guidelines. Final decision-making authority rests exclusively with the municipalities, which must oversee and control the process. The opinion also corrects an error in the ICT's Coastal Regulatory Plan Manual regarding the correct legal articles and reiterates the prohibition against private parties directly managing or financing the approval of such plans.", "primary_topic_id": null, "topic_ids": [], "date": "11/03/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15761.json", "html_url": "/legal/doc/pgr-15761", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15761&strTipM=T" }, { "id": "pgr-15762", "citation": "C-042-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Lack of jurisdiction over use of public funds for alcoholic beverages", "title_es": "Incompetencia para pronunciarse sobre uso de fondos públicos en bebidas alcohólicas", "summary_en": "The Attorney General's Office (PGR) declines to answer the query on whether central government institutions may pay for alcoholic beverages using representation expenses. It finds that the matter falls under the exclusive jurisdiction of the Comptroller General's Office (Contraloría General de la República), as it involves oversight of public funds. The query did not seek interpretation of a specific norm but a reasonableness standard for spending public money, which exceeds the PGR's advisory role. Citing Article 184 of the Constitution and the Comptroller's Organic Law, it reiterates that the Comptroller has binding, exclusive, and preemptive authority over public fund management and must resolve the issue.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/02/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15762.json", "html_url": "/legal/doc/pgr-15762", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15762&strTipM=T" }, { "id": "pgr-15770", "citation": "C-071-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on INS administrative contracting", "title_es": "Improcedencia de consulta sobre contratación administrativa del INS", "summary_en": "This opinion declines to issue a ruling on the interpretation of Article 9 of the INS Law, which regulates contracting exceptions from ordinary administrative procurement procedures. The Attorney General's Office determines that the subject matter falls exclusively under the jurisdiction of the Comptroller General of the Republic, in accordance with the Political Constitution and the Comptroller's Organic Law. It relies on Article 5 of the PGR Organic Law, which prevents issuing criteria on matters belonging to other administrative bodies with special jurisdiction. The PGR cites prior opinions and constitutional case law affirming the Comptroller's prevailing competence over public funds and administrative contracting. Consequently, the consultation is declared inadmissible and no interpretation is provided regarding the requirements or justification for the INS contracting exception.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/03/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15770.json", "html_url": "/legal/doc/pgr-15770", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15770&strTipM=T" }, { "id": "pgr-15773", "citation": "OJ-030-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legality of fishing permits in Caño Negro National Wildlife Refuge", "title_es": "Legalidad de los permisos de pesca en el Refugio Nacional de Vida Silvestre Caño Negro", "summary_en": "The Attorney General's Office responds to a consultation from Congressman Mario Núñez Arias regarding the legality of fishing permits issued by the National System of Conservation Areas (SINAC) within the Caño Negro National Wildlife Refuge, in the context of an investigation into potential environmental damage. It analyzes the Fishing and Aquaculture Law (No. 8436), the Wildlife Conservation Law (No. 7317), and the Refuge's creation decree, determining that: (1) fishing is allowed in national wildlife refuges, but only according to the management plan issued by MINAET with an environmental impact study approved by SETENA; (2) the competent authority to grant fishing licenses in inland waters such as those of the Refuge is MINAET, through SINAC, and not INCOPESCA, although it warns of a possible conflict with the Fishing Law; (3) the only permitted fishing gear are hook and line, rod and reel, or handline, with trammel nets prohibited; and (4) if indigenous ancestral practices exist, their customs and traditional gear must be respected, and they must be consulted in the development of the management plan. It stresses the need for coordination between MINAET and INCOPESCA to avoid conflicts of competence.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "environmental-law-7554" ], "date": "23/03/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15773.json", "html_url": "/legal/doc/pgr-15773", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15773&strTipM=T" }, { "id": "pgr-15845", "citation": "C-113-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Transfer of Liquor Licenses and River Protection Zones", "title_es": "Traslado de patentes de licores y franjas de protección fluvial", "summary_en": "The Attorney General's Office addresses whether a liquor license may operate in a district different from the one for which it was originally authorized, and what actions the municipality should take. It concludes that the criterion for allocating licenses is 'population' under Article 11 of the Liquor Sales Law, not the district. Therefore, transferring a license to another population is prohibited by Article 18 of that law. Regarding the premises located on a riverbank, it recalls that Article 33 of the Forestry Law establishes protection zones that impose a social-interest limitation on private property, which must be observed. Finally, it notes that if a license was granted irregularly, the municipality may exercise its annulment power within the statute of limitations provided in the General Law of Public Administration, provided that the limitation period has not expired.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/04/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15845.json", "html_url": "/legal/doc/pgr-15845", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15845&strTipM=T" }, { "id": "pgr-15861", "citation": "C-136-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "SETENA powers versus municipal autonomy", "title_es": "Competencias de SETENA frente a la autonomía municipal", "summary_en": "The Attorney General's Office examines the scope of the National Environmental Technical Secretariat's (SETENA) powers vis-à-vis municipal autonomy. It concludes that SETENA's decisions, particularly the approval of environmental impact assessments, are binding on municipalities, but do not undermine their autonomy because municipalities must comply with environmental law. The coordination duty under Article 6 of the Municipal Code does not authorize municipalities to replace SETENA or intervene in its exclusive decisions. Nonetheless, municipalities are entitled to be heard during the environmental impact assessment and in the operational phase, may challenge SETENA's resolutions through administrative or judicial remedies, and must coordinate with other public entities when executing works. The opinion declines to answer questions concerning ICE's powers and municipal plebiscites, as they lie outside its consultative jurisdiction.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "15/05/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15861.json", "html_url": "/legal/doc/pgr-15861", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15861&strTipM=T" }, { "id": "pgr-15886", "citation": "C-145-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Is it legal for FONABE to provide database information to the Integrated Management System for Selective Social Programs", "title_es": "Procede legalmente que FONABE suministre información de su base de datos al Sistema de Gestión Integrada de Programas Sociales Selectivos", "summary_en": "Legal opinion C-145-2009 of the Office of the Attorney General addresses the question of whether the National Scholarship Fund (FONABE) may provide information from its database—concerning beneficiaries and heads of household—to the Integrated Management Information System for Selective Social Programs. The inquiry arose due to potential infringement on the right to privacy of beneficiaries and the absence of an express legal provision authorizing the transfer of data.\n\nThe PGR analyzes the constitutional and legal duty of coordination among public administrations, grounded in Article 140(8) of the Constitution, Article 26 of the General Law on Public Administration, and the principles of effectiveness and efficiency. It highlights that Articles 8 and 9 of the Law for the Protection of Citizens from Excessive Administrative Requirements and Procedures (LPC) allow the communication of information between public entities when their competences pursue the same or complementary purposes, as is the case with selective social programs.\n\nRegarding the right to informational self-determination, the PGR recognizes that, as a general rule, data transfer requires the consent of the data subject. However, the LPC establishes an exception when communication occurs between administrations with competences of identical or complementary purpose, provided the data are relevant and necessary. The opinion concludes that there is no legal impediment for FONABE to share the requested information, since the recipient entities have competences in selective social programs and the transfer serves the public interest by preventing illegitimate duplications and improving efficiency in the allocation of aid. It stresses that the principles of data quality and security must be observed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/05/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15886.json", "html_url": "/legal/doc/pgr-15886", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15886&strTipM=T" }, { "id": "pgr-15891", "citation": "OJ-048-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform of Municipal Code on Labor-Dispute Competences", "title_es": "Reforma de Código Municipal sobre competencias en materia laboral", "summary_en": "This legal opinion analyzes bill 16760, which proposes reforms to Articles 150, 161, and 162 of the Municipal Code and a partial repeal of the Contentious-Administrative Procedure Code. The aim is to reverse prior reforms that empowered the Municipal Council to hear labor appeals, restoring the Mayor's authority to conclude administrative proceedings regarding dismissals and suspensions. The Attorney General's Office finds no constitutional issues but highlights legislative drafting flaws: failure to consult the Supreme Court and municipalities as constitutionally required, and ambiguity in cross-referencing remedies under Title V. It recommends clarifying the applicable remedies and separating the effective-date clause into a distinct article.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/05/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15891.json", "html_url": "/legal/doc/pgr-15891", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15891&strTipM=T" }, { "id": "pgr-15896", "citation": "C-166-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Procuraduría cannot rule on concrete cases in its advisory function", "title_es": "Imposibilidad de pronunciarse sobre casos concretos en la función consultiva de la Procuraduría", "summary_en": "The Procuraduría General de la República declines to issue an opinion on the query submitted by the Municipality of Pérez Zeledón regarding the authorization of a lease transfer in the municipal market and a change of commercial activity from butcher shop to soda and cafeteria. The Procuraduría bases its decision on the well-established doctrine that its advisory function is limited to the analysis of legal issues in the abstract and cannot rule on concrete cases pending decision by the active administration. Since the query identifies specific details that individualize the parties involved, the Procuraduría concludes that providing a substantive opinion would improperly substitute the municipality in making a decision that is exclusively within its competence, thereby undermining its role as a superior consultative body. The request is rejected, without prejudice to the possibility of resubmitting the query in generic terms, without reference to a particular case.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/06/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15896.json", "html_url": "/legal/doc/pgr-15896", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15896&strTipM=T" }, { "id": "pgr-15915", "citation": "C-155-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Supplementary application of the INVU Construction Regulations in Santa Ana", "title_es": "Aplicación supletoria del Reglamento de Construcciones del INVU en Santa Ana", "summary_en": "The Attorney General's Office addresses whether the INVU Construction Regulations apply in Santa Ana and how residential density should be regulated, given that the 1987 Municipal Regulatory Plan (amended in 1991) only includes road and zoning provisions without its own building code. It concludes that the INVU has subsidiary competence: its urban development rules apply only where gaps exist in the local regulatory plan. Although the Regulatory Plan lacks a construction regulation, the Municipal Zoning Regulations (articles 5-7) already set residential density, minimum lot area, and coverage, tied to the availability of sanitary sewers. Therefore, the INVU Construction Regulations do not apply for issuing construction permits in Santa Ana; the local zoning density provisions must be followed.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "01/06/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15915.json", "html_url": "/legal/doc/pgr-15915", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15915&strTipM=T" }, { "id": "pgr-15919", "citation": "C-171-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "ICE does not require municipal construction permits but must coordinate", "title_es": "El ICE no requiere licencia municipal de construcción pero debe coordinar", "summary_en": "The Attorney General's Office addresses whether the Costa Rican Electricity Institute (ICE) requires a municipal construction license for projects such as hydroelectric dams and warehouses. It concludes that it does not, since ICE exercises national competencies that cannot be conditioned by local power; however, it must comply with a constitutional duty of coordination by notifying municipalities of planned works in advance. Additionally, it opines that ICE is exempt from the construction tax, both under the Urban Planning Law and the generic subjective exemption in its founding law, reactivated by Article 18 of Law 8660, though with limitations for taxes enacted after 1992.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/06/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15919.json", "html_url": "/legal/doc/pgr-15919", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15919&strTipM=T" }, { "id": "pgr-15954", "citation": "C-200-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Construction permits in forested areas or areas with fragile ecosystems", "title_es": "Permisos de construcción en zonas boscosas o con presencia de ecosistemas frágiles", "summary_en": "The PGR examines whether a municipality may grant construction permits on forested land and under what conditions. It concludes that, under Article 19 of the Forestry Law, construction of the listed structures (houses, offices, ecotourism facilities, etc.) is permissible provided the State Forestry Administration (SINAC) authorizes the activity and an environmental impact assessment (EIA) is conducted. Article 19 does not contradict the principle of forest irreducibility, which prohibits illegal land-use change and mandates restoration. Municipalities lack authority to permit tree cutting; that assessment belongs to SINAC. The EIA is an indispensable prerequisite, and the applicant bears the burden of proving no impermissible degradation. The PGR cautions that forest protection is not extinguished by illegal acts occurring after 1996, and that the forest must be viewed as a single ecosystem unit to prevent circumvention. It calls for an interpretation consistent with Articles 50 and 89 of the Constitution, favoring minimal alteration of the natural environment, adaptation to the landscape, and safeguarding fragile ecosystems.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "subdivision-fraccionamiento", "water-law", "forestry-law-7575", "environmental-law-7554", "biodiversity-law-7788" ], "date": "21/07/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15954.json", "html_url": "/legal/doc/pgr-15954", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15954&strTipM=T" }, { "id": "pgr-15969", "citation": "OJ-058-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Immovable Property Tax Exemption for Non-Consolidated Protected Wildlife Areas", "title_es": "Exención de impuesto sobre bienes inmuebles en Áreas Silvestres Protegidas no consolidadas", "summary_en": "The query addresses whether privately owned properties located within non-consolidated Protected Wildlife Areas are entitled to the non-subjection to immovable property tax set forth in Article 4(b) of Law 7509. The Attorney General's Office determines that the tax benefit applies only to land that constitutes consolidated Protected Wildlife Areas—those that have been legally paid for or expropriated in accordance with Article 37 of the Environmental Organic Law. The opinion distinguishes between non-subjection and exemption, emphasizing that non-subjection covers only the land, not any fixed constructions thereon. To qualify, the interested party must provide a current MINAE certificate evidencing the declaration as a consolidated wildlife area and the portion of land within it. Properties in non-consolidated areas do not qualify and their owners must pay the corresponding tax.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "environmental-law-7554", "property-and-titling" ], "date": "08/07/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15969.json", "html_url": "/legal/doc/pgr-15969", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15969&strTipM=T" }, { "id": "pgr-15971", "citation": "OJ-065-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Adding subsection e) to Article 19 of the Forestry Law", "title_es": "Adición del inciso e) al artículo 19 de la Ley Forestal", "summary_en": "The Attorney General's Office issues a legal opinion on a bill to add subsection e) to Article 19 of Forestry Law No. 7575. The bill aimed to set a maximum percentage of forest impact on private lands to allow housing, tourism, and recreational projects. The Office warns that Article 19 establishes a general prohibition on land-use change in forested areas, with limited exceptions. It questions whether the proposed projects qualify as exceptional and argues the wording improperly broadens the concept of ecotourism to generic tourism developments. It notes that a simple forestry inventory should not compel the Administration to grant permits, and that declarations of national convenience must be made case by case. It concludes the bill has technical and substantive problems.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "23/07/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15971.json", "html_url": "/legal/doc/pgr-15971", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15971&strTipM=T" }, { "id": "pgr-15973", "citation": "C-196-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Permitted Gaming Machines and Liquor License Renewal", "title_es": "Máquinas de juego permitidas y renovación de patentes de licores", "summary_en": "The Municipality of Guácimo requested a legal opinion on four issues: 1) characteristics of gaming machines permitted by law; 2) whether a technical expert report can be required and whether an official list exists; 3) whether seized unlicensed machines can be destroyed; 4) biennial renewal of liquor licenses and associated fees. The PGR held that machines whose outcome depends on player skill are permitted (Arts. 1 and 2 of the Gaming Machines Regulation), with the exception of slot machines authorized only in casinos. Municipalities may request a technical report but must be capable of reviewing it; no official list of permitted machines exists. Seizure is only a precautionary evidentiary measure; destruction is not permitted—only judicial forfeiture under Art. 7 of the Gaming Law. Regarding liquor licenses, the PGR reconsidered its previous position and concluded that Art. 12 of the Liquor Law mandates biennial renewal, and municipalities cannot charge a fee different from the statutory tax.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/07/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15973.json", "html_url": "/legal/doc/pgr-15973", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15973&strTipM=T" }, { "id": "pgr-15991", "citation": "OJ-072-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bill to Re-include CONAGEBIO in the Wildlife Fund", "title_es": "Proyecto de ley para reincluir a CONAGEBIO en el Fondo de Vida Silvestre", "summary_en": "The Attorney General's Office analyzes bill 17.304, which seeks to amend Article 11 of the Wildlife Conservation Law (Law 7317). The bill aims to correct a material error in Law 8689 of 2008, which omitted the National Commission for Biodiversity Management (CONAGEBIO) from the list of entities entitled to fifty percent of the Wildlife Fund's resources. The PGR concludes that the proposal does not raise constitutional or legislative technique issues, so its approval is a matter of legislative discretion. However, it warns that the proposed text does not mention the instrumental legal personality of SINAC and CONAGEBIO, which could lead to future interpretive confusion, and recommends the legislature consider whether to include such reference.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "wildlife-law-7317" ], "date": "05/08/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-15991.json", "html_url": "/legal/doc/pgr-15991", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=15991&strTipM=T" }, { "id": "pgr-16033", "citation": "C-233-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Unfavorable opinion due to manifest incompetence of the body that ordered the annulment procedure", "title_es": "Improcedencia de dictamen favorable por incompetencia manifiesta del órgano que ordenó el procedimiento anulatorio", "summary_en": "The Attorney General's Office refused to issue a favorable opinion under Article 173 of the General Public Administration Law (LGAP) to annul an Executive Branch resolution that recognized per diem pay to an employee. The annulment proceeding was unilaterally initiated by the Minister of Governance, even though the challenged act was jointly issued by the President and that Minister. The PGR held that Article 173.2 LGAP, interpreted in conformity with the Constitution, requires that the body that issued the act—in this case the dual Executive—be the one to commence and resolve annulment, not the Minister alone. The incompetence of the body that ordered the opening renders the entire proceeding absolutely null. Additional grave procedural defects were identified: unfoliated administrative file and failure to state available remedies. The file was returned without a favorable opinion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/08/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16033.json", "html_url": "/legal/doc/pgr-16033", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16033&strTipM=T" }, { "id": "pgr-16044", "citation": "C-248-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Authority to declare absolute nullity of a municipal approval", "title_es": "Competencia para declarar nulidad absoluta de un visado municipal", "summary_en": "The Attorney General's Office responds to two questions from the Municipal Council of Grecia. It determines that, in accordance with Article 173 of the General Public Administration Act and Article 161 of the Municipal Code, the Municipal Council is the highest supreme body of the Municipality. Consequently, it has the authority to declare the absolute, evident, and manifest nullity of a municipal approval, once a defect of nullity in that act declaring rights has been verified. Additionally, the opinion concludes that the Council is also empowered to appoint the directing body of the necessary procedure and to request the mandatory favorable opinion of the Attorney General. This opinion is based on Constitutional Chamber jurisprudence on the intangibility of administrative acts and the 2006 reforms to the Municipal Code, which consolidate the Council's position as the highest authority in urban planning and review of municipal acts.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "03/09/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16044.json", "html_url": "/legal/doc/pgr-16044", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16044&strTipM=T" }, { "id": "pgr-16066", "citation": "OJ-098-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Technical requirements for reducing the Border Corridor National Wildlife Refuge", "title_es": "Requisitos técnicos para la reducción del Refugio Nacional de Vida Silvestre Corredor Fronterizo", "summary_en": "The Attorney General's Office analyzes a bill to segregate 12.3 ha from the Border Corridor National Wildlife Refuge. It concludes that any reduction requires a technical study under Article 38 of the Environmental Law. The provided study covered a different, larger area (236 ha) and found it unviable; therefore, it does not justify the viability of the 12.3 ha proposed. The PGR recommends a new specific study demonstrating that the segregation will not harm wetlands, aquifers, biodiversity, or cause social conflicts. It also advises against transferring administration to the Municipality of Los Chiles, suggesting it remain under the Wildlife Directorate.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "09/10/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16066.json", "html_url": "/legal/doc/pgr-16066", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16066&strTipM=T" }, { "id": "pgr-16110", "citation": "C-305-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "SINAC authority to sign non-reimbursable technical cooperation agreements", "title_es": "Potestad del SINAC para suscribir convenios de cooperación técnica no reembolsable", "summary_en": "The Attorney General's Office determined that the National System of Conservation Areas (SINAC), as a deconcentrated body with instrumental legal personality, cannot sign international agreements, as this is the exclusive competence of the Executive Branch. However, SINAC may receive non-reimbursable international cooperation, including donations, and enter into contracts with public international law subjects as long as they are not governed by international law. Cooperation agreements must align with the National Development Plan and foreign policy. The signing of such instruments corresponds to the Minister of Environment as president of the National Conservation Areas Council, not the Executive Director. It is clarified that SINAC lacks authority for external credit, as this requires explicit legal authorization.", "primary_topic_id": null, "topic_ids": [], "date": "28/10/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16110.json", "html_url": "/legal/doc/pgr-16110", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16110&strTipM=T" }, { "id": "pgr-16111", "citation": "OJ-113-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Waste: management hierarchy, liability and environmental remediation", "title_es": "Residuos: jerarquía de gestión, responsabilidad y reparación ambiental", "summary_en": "The Attorney General's Office issues observations on the draft Integrated Waste Management Law (file 15897). It notes that the management hierarchy should prioritize waste avoidance and reduction, but the definition of recovery is restrictive. It criticizes that the Fund for Integrated Waste Management allocates monies from the Environmental Administrative Tribunal for general purposes, since First Chamber case law (ruling 675-F-2007) and doctrine require that compensation for environmental damage be used exclusively for in-kind restoration of the damaged ecosystem. It warns that the bill limits remediation to soil and to imminent risks to health and the environment, excluding water bodies and landscape, and that it assigns fund administration to the Ministry of Health, whose approach is anthropocentric, rather than coordinating with MINAE, the environmental authority. It questions the definition of illegal waste trafficking and the proportionality of fines (5 to 200 base salaries) for violating the principle of legality. It recommends harmonizing green procurement with constitutional case law (ruling 11210-2008) and adjusting the temporary provisions on mandatory targets.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "06/11/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16111.json", "html_url": "/legal/doc/pgr-16111", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16111&strTipM=T" }, { "id": "pgr-16114", "citation": "OJ-110-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Regime of the Alternate Member of the SUTEL Council", "title_es": "Régimen del miembro suplente del Consejo de la SUTEL", "summary_en": "This legal opinion from the Office of the Attorney General clarifies the legal regime applicable to the alternate member of the Council of the Superintendency of Telecommunications (SUTEL). It determines that the alternate is not part of the collegiate body except when replacing a full member, and thus has no right to mandatory attendance or voting at sessions, though the Council may authorize their presence with voice but no vote. Their remuneration is through per diems proportional to the full member's salary, calculated per workday when substituting, not just per meeting. Regarding liability: when substituting, they are liable under Article 66 of the ARESEP Law; when attending without substituting, they could be liable for their opinions under the General Public Administration Law and the Anti-Corruption Law. Finally, it concludes that the alternate may simultaneously hold a managerial position in SUTEL by taking unpaid leave, given the permanent nature of the body, but must recuse themselves in matters where a conflict of interest arises.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/11/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16114.json", "html_url": "/legal/doc/pgr-16114", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16114&strTipM=T" }, { "id": "pgr-16117", "citation": "C-314-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "No opinion on designated-driver service patent due to specific case", "title_es": "Imposibilidad de emitir dictamen sobre patente para servicio de choferes designados por tratarse de caso concreto", "summary_en": "The Municipality of La Unión asked the Attorney General’s Office for an opinion on the legality of a designated-driver service and whether a business license could be granted, prompted by an application from Soluciones Ley de Tránsito S.A. The PGR declines to issue an opinion because the consultation concerns a specific case, with an open administrative file and a pending appeal. It recalls that its advisory role addresses generic, abstract legal questions and may not substitute the active administration in deciding particular cases, especially where decisions are still pending. A binding opinion would intrude on other agencies’ competences. It leaves open the possibility of resubmitting the question in abstract terms, limited to the legality of the service and the license.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/11/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16117.json", "html_url": "/legal/doc/pgr-16117", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16117&strTipM=T" }, { "id": "pgr-1613", "citation": "C-174-1987", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Administration of forest reserves and protected zones in the maritime-terrestrial zone", "title_es": "Administración de reservas forestales y zonas protectoras en la zona marítimo-terrestre", "summary_en": "The Attorney General's Office interprets Article 73 of Law 6043 (Maritime-Terrestrial Zone) and concludes that the phrase 'equivalent reserves' encompasses all protected wild areas that form the State Forest Patrimony: national parks, biological reserves, protected zones, forest reserves, and national wildlife refuges. Consequently, these areas within the maritime-terrestrial zone are not governed by Law 6043 but by forest legislation, and their administration falls exclusively under the Forestry Directorate, excluding municipal interference. The Executive Branch has the authority to establish such areas throughout the national territory, including the maritime-terrestrial zone.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "08/09/1987", "year": "1987", "json_url": "/data/legal/docs/pgr-1613.json", "html_url": "/legal/doc/pgr-1613", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=1613&strTipM=T" }, { "id": "pgr-16133", "citation": "C-319-2009", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "SETENA’s authority to require additional studies to prevent agricultural subdivisions used as sham urbanizations", "title_es": "Exigencia de estudios adicionales por SETENA para prevenir urbanizaciones disfrazadas de fraccionamientos agrícolas", "summary_en": "The Attorney General’s Office, at the request of the National Environmental Technical Secretariat (SETENA), analyzes whether SETENA may require additional studies and documents from those requesting environmental viability for projects presented as agricultural subdivisions, but which are actually intended for urban development, and what sanctions apply for abusive use of that regulation. The opinion concludes that SETENA, in the exercise of its broad legal powers and in fulfillment of the State’s duty to protect the right to a healthy environment, is authorized to require any additional study or information it deems pertinent and necessary to determine the true environmental nature of the project and prevent damage, provided its decision is reasoned, rational, and proportionate. It also identifies the administrative sanctioning regimes applicable in case of non-compliance, ranging from suspension to closure and execution of guarantees, without prejudice to criminal liability.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento", "environmental-law-7554" ], "date": "18/11/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16133.json", "html_url": "/legal/doc/pgr-16133", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16133&strTipM=T" }, { "id": "pgr-16140", "citation": "OJ-122-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bill 17.383 — Reduction of Las Baulas Marine National Park and creation of a mixed wildlife refuge", "title_es": "Proyecto de ley 17.383 — Reducción del Parque Nacional Marino Las Baulas y creación de refugio mixto", "summary_en": "The Office of the Attorney General of Costa Rica issues a non-binding legal opinion on Bill 17.383, which proposes to rectify the boundaries of Las Baulas Marine National Park (PNMB) and to create a Mixed-Ownership National Wildlife Refuge. The opinion concludes that the bill should be rejected because it significantly and evidently reduces the terrestrial area of the Park, violating the principle of irreducibility of protected wild areas (Article 38 of the Organic Law of the Environment). It further fails to provide the required technical studies to justify the reduction or to demonstrate that no environmental harm will result. The bill also contradicts the State's obligation to expropriate private lands to consolidate the Park, orders the dismissal of expropriation proceedings, alters the planning model for protected areas, and raises potential constitutional issues concerning public employment.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "environmental-law-7554", "wildlife-law-7317" ], "date": "30/11/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16140.json", "html_url": "/legal/doc/pgr-16140", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16140&strTipM=T" }, { "id": "pgr-16147", "citation": "OJ-118-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Proposed amendment to Article 28 of the Forestry Law fails to remedy unconstitutionality by omission", "title_es": "Reforma del artículo 28 de la Ley Forestal no subsana inconstitucionalidad por omisión", "summary_en": "The Attorney General's Office reviews legislative bill No. 17.472, which seeks to amend Article 28 of the Forestry Law, in light of Constitutional Chamber Ruling 3923-2007. That ruling had declared the relative unconstitutionality of Article 28 for lacking precautionary measures prior to tree felling in forest plantations, agroforestry systems, and individually planted trees, as well as for failing to protect forests under two hectares or composed of non-native species. The opinion finds that the bill does not remedy these defects: it does not modify the restrictive definition of forest in Article 3(d), it fails to include administrative controls such as prior inspections or authorizations, and it entrusts certification of environmental damage solely to a forestry regent without state oversight, which could lead to new unconstitutionality.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "20/11/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16147.json", "html_url": "/legal/doc/pgr-16147", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16147&strTipM=T" }, { "id": "pgr-16148", "citation": "OJ-108-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on border-zone titling bill and its impact on protected areas", "title_es": "Opinión sobre proyecto de titulación en zonas fronterizas y su impacto en áreas protegidas", "summary_en": "The Attorney General's Office analyzes the substitute text of a bill to title properties in the border zones with Panama and Nicaragua (file 16.657). It indicates that the proposal, while improving aspects of the original, maintains worrying gaps: it does not guarantee publicity of the procedure or a hearing for the Attorney General's Office, which could affect due process and the protection of public domain assets; it omits a judicial inspection to detect elements such as springs or wetlands; it relegates testimonial evidence and does not require a sworn statement, facilitating false claims. It warns that application in the northern strip is reduced by the extensive existence of the National Wildlife Refuge and other protected areas. It recommends, among other measures, that the certification of forest absence be based on a field inspection, that the National Geographic Institute (not MINAE) certify the maritime-terrestrial zone, that CONAI verify non-affectation of indigenous territories, and that land reserves be included for security, migration, and sanitation. It concludes that the bill has constitutional, substantive, and legislative technique problems that must be corrected.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "30/10/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16148.json", "html_url": "/legal/doc/pgr-16148", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16148&strTipM=T" }, { "id": "pgr-16154", "citation": "OJ-075-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutionality and legislative technique issues in the Protected Wild Areas bill", "title_es": "Problemas de constitucionalidad y técnica legislativa del proyecto de Ley de Áreas Silvestres Protegidas", "summary_en": "The Attorney General's Office issues a legal opinion on the 'Protected Wild Areas Law' bill (file 17.211). It states that while the bill aims to unify and modernize legislation, it contains provisions that could weaken environmental protection. Criticizes that the proposal would allow logging, broad commercial and recreational uses within protected areas, shifting prohibitions from law to management plans, which could lead to abuses. Warns about the creation of 'special protected wild areas' that would imply a waiver of the duty to evict illegal occupants. It eliminates wetlands as a management category and re-categorizes areas with more permissive regimes. Questions the fast-track environmental impact assessment for private projects and the elimination of criminal offenses for invading forested land and violating logging bans. Concludes that the bill raises constitutionality issues with Articles 50 and 89 of the Constitution and international treaties, recommending that problems be fixed or the bill be rejected.", "primary_topic_id": null, "topic_ids": [], "date": "11/08/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16154.json", "html_url": "/legal/doc/pgr-16154", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16154&strTipM=T" }, { "id": "pgr-16155", "citation": "OJ-111-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Community Coastal Territories Bill: constitutional flaws", "title_es": "Proyecto de Ley de Territorios Costeros Comunitarios: vicios de constitucionalidad", "summary_en": "The Attorney General's Office analyzes bill No. 17.394, which aims to create community coastal territories as a new protection category to regularize land tenure in coastal areas inhabited by local communities. While acknowledging the proposal's good intentions, it identifies multiple flaws that could lead to constitutional conflicts. It argues that granting residents the power to approve territorial zoning plans through a plebiscite replaces the public planning function that belongs to the State and municipalities, violating Article 50 of the Constitution on the right to a healthy environment, especially in protected wildlands. It questions the possibility of granting concessions in the public zone of the maritime-terrestrial zone, contravening the principle of intangibility of that public domain asset recognized by the Constitutional Chamber. It warns about impacts on the State's Natural Heritage, potential harm to private property of adjacent lands, the geographic vagueness of the territories, and the lack of technical studies justifying their creation. Finally, it notes internal contradictions, undefined municipal versus MINAET competencies, and the risk of legitimizing illegal occupations with just five years of possession, to the detriment of territorial planning and free access to the coasts.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "05/11/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-16155.json", "html_url": "/legal/doc/pgr-16155", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16155&strTipM=T" }, { "id": "pgr-16190", "citation": "C-014-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Illegality of Art. 65 Forest Law Regulation on incompatibility between tax incentives and PES", "title_es": "Ilegalidad del Art. 65 Reglamento a la Ley Forestal sobre incompatibilidad entre incentivos fiscales y PSA", "summary_en": "The Attorney General's Office analyzes whether Art. 65 of the Forestry Law Regulation, which prohibits simultaneously opting for tax incentives and payment for environmental services (PES), is legal. It concludes that this provision is illegal because it imposes a condition not established by the legislature for exemption from the property tax, violating the principle of legal reserve in tax matters (Articles 121(13) of the Constitution and 5 of the Tax Code). It clarifies that PES is an incentive of a different legal nature from tax incentives, so it cannot condition the application of the latter at the regulatory level. The PGR distinguishes between: (a) the objective exemption under Art. 4(b) of Law 7509 for properties in protected areas, which applies to the entire land; and (b) the conditional exemptions under the Forestry Law, which also cover fixed structures. It states that any restriction on the enjoyment of tax benefits due to receiving PES must be established by law, not by executive decree. It recommends that MINAET correct the regulation using its regulatory authority.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "18/01/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16190.json", "html_url": "/legal/doc/pgr-16190", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16190&strTipM=T" }, { "id": "pgr-16211", "citation": "C-032-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nullity or lesividad of municipal approvals in urban projects", "title_es": "Nulidad o lesividad de visados municipales en proyectos urbanísticos", "summary_en": "The Attorney General's Office (PGR) deems inadmissible the query by the Municipality of La Unión on the possible nullity or lesividad of 22 municipal approvals granted in 2003, as it does not meet legal admissibility requirements. After reviewing relevant administrative jurisprudence, it stresses that queries must address abstract legal issues, not specific pending cases. On the merits, it reiterates that municipal approvals are regulated administrative acts that do not create subjective rights if issued contrary to urban planning laws. It explains that, depending on the defect's severity, the municipality must annul the approval administratively or, if the nullity is not absolute, evident and manifest, via a lesividad lawsuit before the contentious-administrative court. It also details the sanctioning procedure for works built without a construction permit and the enforcement of sanctions such as demolition, closure, and eviction.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "01/03/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16211.json", "html_url": "/legal/doc/pgr-16211", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16211&strTipM=T" }, { "id": "pgr-16242", "citation": "OJ-014-2010", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on Ostional Wildlife Refuge Bill", "title_es": "Dictamen sobre proyecto de Ley del Refugio de Vida Silvestre Ostional", "summary_en": "The Attorney General's Office reviewed the Ostional National Wildlife Refuge bill (file 17.512), which sought to change its status from state to mixed and regularize occupants. It found the modification within legislative authority if technically and socially justified, but warned that reducing existing protection requires prior studies and a reasonableness test. The refuge lies on the maritime-terrestrial zone and is state natural heritage, though pre-existing property titles exist—accepted by the Constitutional Chamber without making the refuge mixed. The opinion itemized issues: the beach definition is inadequate and diverges from the PGR's interpretation; the management plan must include carrying capacity studies; allowable uses such as agriculture, housing, recreational homes, and commerce must be scrutinized, recommending that cabins and commercial use be replaced by ecotourism; beach permits are revocable and preclude permanent structures; and concession and eviction procedures need refinement. It highlighted that the Constitutional Chamber would ultimately resolve constitutionality either through consultation or unconstitutionality action.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "forestry-law-7575", "wildlife-law-7317", "property-and-titling" ], "date": "26/03/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16242.json", "html_url": "/legal/doc/pgr-16242", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16242&strTipM=T" }, { "id": "pgr-16244", "citation": "C-053-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "ARESEP's authority to set vehicle inspection fees and its financing", "title_es": "Competencia de ARESEP para fijar tarifas de revisión técnica vehicular y su financiamiento", "summary_en": "The Attorney General's Office analyzes the authority granted to the Public Services Regulatory Authority (ARESEP) by the Traffic Law regarding vehicle technical inspection fees. It concludes that ARESEP directly sets the fees (rather than merely approving proposals from other entities) pursuant to the parameters of the ARESEP Law, and that there is no contradiction between Articles 19 and 20 of the Traffic Law. The opinion finds the consultation inadmissible concerning the applicable parameter for RITEVE's current contract due to pending litigation and because it involves a specific case. It recommends that fees be uniform and incorporate principles of social equity, environmental sustainability, energy conservation, and economic efficiency. Regarding ARESEP's financing, it rules out using the supervision levy (canon de fiscalización) of COSEVI or charging the operators; instead, the Ministry of Public Works and Transport (MOPT) must bear the costs — through the national budget — compensating ARESEP on a cost‑of‑service basis.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/03/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16244.json", "html_url": "/legal/doc/pgr-16244", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16244&strTipM=T" }, { "id": "pgr-16252", "citation": "C-028-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Administrative competencies between mayor's office and Municipal Council on licenses, plan approvals, and urbanizations", "title_es": "Competencias administrativas entre alcaldía y Concejo Municipal sobre patentes, visado de planos y urbanizaciones", "summary_en": "Opinion C-028-2010 from the Attorney General's Office analyzes the distribution of administrative competencies between the Mayor's Office and the Municipal Council of Mora. It concludes that, as a general rule, ordinary administration and management fall to the Mayor's Office, including issuing liquor licenses and plan approvals. However, by exception, the law may assign competencies to the Council, especially when weighing technical, legal, and general interest elements (political, social, economic, cultural, or environmental) is required. Thus, issuing commercial licenses and authorizing urbanizations are competencies of the Municipal Council, as they involve discretionary assessments that go beyond mere regulatory execution and affect the public interest.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/02/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16252.json", "html_url": "/legal/doc/pgr-16252", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16252&strTipM=T" }, { "id": "pgr-16270", "citation": "C-085-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nullity of subdivision permits in agricultural zone of Coronado", "title_es": "Nulidad de visados de fraccionamiento en zona agrícola de Coronado", "summary_en": "The Attorney General's Office reviews the request by the Mayor of Vásquez de Coronado for a favorable opinion to declare the absolute, evident, and manifest nullity of subdivision endorsements granted in the Agricultural Parcel Zone allegedly in violation of the local Regulatory Plan. It concludes the request is premature and inadmissible because the municipality has not conducted the ordinary administrative procedure with due-process guarantees, an essential requirement under Article 173(3) of the General Public Administration Act. It further warns that the authority to declare such nullity and request the opinion belongs to the Municipal Council, not the Mayor. It also notes that for acts predating January 1, 2008, a four-year statute of limitations applies and would have already expired, preventing annulment.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "26/04/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16270.json", "html_url": "/legal/doc/pgr-16270", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16270&strTipM=T" }, { "id": "pgr-16284", "citation": "C-091-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of Article 61 of the Urban Planning Law for the contracting of regulatory plans", "title_es": "Alcances del artículo 61 de la Ley de Planificación Urbana para la contratación de planes reguladores", "summary_en": "The Attorney General's Office analyzes the request from INVU regarding the scope of Article 61 of the Urban Planning Law, which allows municipalities to contract planning studies or projects with private parties. It is determined that this provision does not delegate the municipal authority to decide on land-use planning; rather, it is a technical complement to policies that must be previously established by the local government. Contracting with private parties is only viable if it is proven impossible to obtain priority state inputs (inter-administrative agreements), through a bidding process with specific requirements and institutional oversight. Private donations must be included in the budget without conditions, and in-kind donations of the regulatory plan are not feasible. Additionally, coastal regulatory plans must conform to the legal framework, including the Urban Planning Law, the Maritime Terrestrial Zone Law, and environmental regulations, and their approval corresponds to the competent authorities under criteria of transparency and legality.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "03/05/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16284.json", "html_url": "/legal/doc/pgr-16284", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16284&strTipM=T" }, { "id": "pgr-16288", "citation": "C-062-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nullity for electric pole installation on public road — Doña Julia hydroelectric project", "title_es": "Nulidad por instalación de postes eléctricos en camino público — proyeto hidroeléctrico Doña Julia", "summary_en": "The Attorney General's Office returns without a favorable opinion the inquiry regarding whether the 1997 municipal agreement allowing Compañía Hidroeléctrica Doña Julia to install poles on a public road is absolutely, evidently, and manifestly null. The Office identifies serious procedural flaws: the directing body was appointed by the mayor rather than the Municipal Council, the appointment was not made to the Council's secretary without justification, and the proceedings were initiated without authorization. On the merits, the Office finds that the agreement does not exhibit the degree of nullity required by Article 173 of the General Public Administration Law, given that the activity constitutes a public electricity generation service; thus, the matter should be pursued through judicial lesividad proceedings.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/04/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16288.json", "html_url": "/legal/doc/pgr-16288", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16288&strTipM=T" }, { "id": "pgr-16319", "citation": "C-124-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Reelection of former Board and Electoral Tribunal members in the College of Graduates and Professors", "title_es": "Reelección de exintegrantes de Junta Directiva y Tribunal Electoral en el Colegio de Licenciados y Profesores", "summary_en": "The Attorney General's Office analyzes the query from the College of Graduates and Professors in Letters, Philosophy, Sciences and Arts regarding the possibility for a former member of the Board of Directors or the Electoral Tribunal, whose appointment ended in April, to run for a new position in March of the following year. The opinion interprets the one-year term established in Article 24 of the Electoral Regulations, which must be computed date-to-date from the General Assembly where elections are held, and concludes that, if the candidate is not entitled to reelection, the required period has not elapsed. It also examines the legal consequences of a flawed appointment, noting that the appointment act could be affected by absolute nullity due to a defect in the cause, while the resolutions adopted with the participation of the irregularly elected member would suffer relative nullity, curable by validation. To annul an act declaring rights, such as the appointment, the Administration must follow the procedure for absolute, evident and manifest nullity or resort to the judicial process of lesividad. Finally, if the appointment is annulled, a General Assembly must be convened to elect the substitute, but the defect does not affect the validity of the electoral process as a whole, by virtue of principles such as the preservation of acts and respect for the popular will.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/06/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16319.json", "html_url": "/legal/doc/pgr-16319", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16319&strTipM=T" }, { "id": "pgr-16322", "citation": "OJ-027-2010", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Titling of properties in the border zone with Panama and Nicaragua", "title_es": "Titulación de inmuebles en la zona fronteriza con Panamá y Nicaragua", "summary_en": "The Attorney General's Office analyzes the substitute text of the bill for titling properties in the border zone with Panama and Nicaragua. It notes improvements over previous versions, such as restricting titling to the Panama strip and keeping 200 meters as public domain. However, it identifies gaps and legislative drafting issues: failure to define the administering entity of that strip, the fate of declassified untitled lands, ambiguity in the calculation of the ten-year possession requirement, and contradictions regarding the exclusion of forests and protected areas. It recommends corrections to avoid unconstitutionality and ensure that public domain assets are not titled, and emphasizes that the environmental certification must confirm the property is not in a protected wildlife area and does not include forests or forest lands.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "21/06/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16322.json", "html_url": "/legal/doc/pgr-16322", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16322&strTipM=T" }, { "id": "pgr-16325", "citation": "C-130-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inapplicability of Civil Service Regulation Article 11 to 95 SENASA employees", "title_es": "Improcedencia de aplicar artículo 11 del Reglamento de Servicio Civil a 95 funcionarios del SENASA", "summary_en": "The Attorney General's Office determines that Article 11 of the Civil Service Statute Regulation cannot be applied to incorporate 95 employees of the National Animal Health Service (SENASA) into the Civil Service Regime. The positions were created in 2007, and from the outset the Budgetary Authority indicated they must belong to the Civil Service Regime. The positions did not 'transition' from excluded to included status, a necessary requirement of the article. The opinion rejects the argument that payment from a special SENASA account excludes the positions from the Regime, stating that the funding source does not determine the applicable legal regime. It emphasizes that the ordinary competitive recruitment and selection procedures cannot be evaded by simply waiting two years of interim service, citing constitutional precedent on the necessity of demonstrating proven suitability through competition. The opinion warns against repeating irregular hiring practices under penalty of administrative, civil, or criminal liability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/07/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16325.json", "html_url": "/legal/doc/pgr-16325", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16325&strTipM=T" }, { "id": "pgr-16341", "citation": "C-138-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "DGTCC's authority to issue precautionary measures in fuel matters", "title_es": "Competencia de la DGTCC para dictar medidas cautelares en materia de combustibles", "summary_en": "The Attorney General's Office (PGR) responds to a query from the Minister of Environment, Energy and Telecommunications (MINAET) regarding the power of the General Directorate of Transport and Fuel Marketing (DGTCC) to issue precautionary measures. It concludes that the DGTCC, as the body responsible for overseeing fuel transport and marketing, is empowered—and obligated—to adopt urgent provisional measures when there is a serious or imminent risk of harm to the environment, safety, health, or life, applying the precautionary and preventive principles. However, the final decision on suspension or cancellation of permits rests exclusively with the Minister. The precautionary measure must be instrumental, provisional, and accompanied by the corresponding administrative procedure. The PGR also analyzes the limits, formalities, and the liability regime for officials, as well as the appointment of the body directing the procedure, which falls to the superior.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "art-50-constitution" ], "date": "13/07/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16341.json", "html_url": "/legal/doc/pgr-16341", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16341&strTipM=T" }, { "id": "pgr-16372", "citation": "OJ-042-2010", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Tax Exemption for Non-Profit Associations", "title_es": "Exoneración de tributos a asociaciones sin fines de lucro", "summary_en": "The Attorney General's Office analyzes a bill that would exempt all legally operating non-profit associations in Costa Rica from all past, present, and future national taxes, fees, and import duties. The opinion finds that the bill lacks essential technical details, such as clearly defining the beneficiaries, the taxes covered, the duration of the exemption, and the conditions under which it would be granted—requirements mandated by Article 62 of the Tax Code. It also warns that exempting from future taxes could unconstitutionally limit the Legislative Assembly's power to enact and amend laws, conflicting with Articles 121(13) and 129 of the Constitution and Articles 63 and 64 of the Tax Code. The opinion concludes that the bill suffers from technical tax deficiencies and potential constitutional issues.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/07/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16372.json", "html_url": "/legal/doc/pgr-16372", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16372&strTipM=T" }, { "id": "pgr-16395", "citation": "OJ-053-2010", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Nature of public funds transferred to development associations and their oversight", "title_es": "Naturaleza de los fondos públicos transferidos a asociaciones de desarrollo y su fiscalización", "summary_en": "The Attorney General's Office declines jurisdiction to issue a binding opinion on the nature and oversight of public funds transferred to integral development associations, as this is a matter within the exclusive and excluding competence of the Comptroller General's Office. By way of collaboration, it summarizes the Comptroller's criteria: once transferred without consideration and by legal mandate, public funds become part of the association's private assets. The granting administration must verify the fulfillment of the intended purposes. Associations are not required to apply the Public Procurement Law but may be required to demonstrate suitability and apply sound management principles. The Comptroller exercises discretionary oversight, focusing on legality, accounting, and technical aspects to ensure the funds' assigned purpose.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/08/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16395.json", "html_url": "/legal/doc/pgr-16395", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16395&strTipM=T" }, { "id": "pgr-16405", "citation": "C-173-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Construction permits in areas adjacent to springs", "title_es": "Permisos de construcción en áreas contiguas a nacientes", "summary_en": "The Attorney General's Office (PGR) responds to inquiries from the mayor of Santa Bárbara regarding the granting of construction permits on land adjacent to springs. The opinion distinguishes between two legal regimes: the public domain regime, which protects drinking water sources with buffer zones of 200 or 300 meters, and the protection areas under the Forestry Law (Articles 33 and 34), which impose social interest limitations on private property within a 100-meter radius. The PGR clarifies the competencies of institutions such as AyA, INVU, and MINAE in delimiting, protecting, and overseeing these zones. It also addresses municipal police powers to inspect, sanction, and demolish illegal works, as well as mechanisms to annul absolutely void permits. The opinion concludes that there is sufficient legislation to safeguard areas adjacent to springs and that effective protection depends more on the will to enforce it than on legal gaps.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "16/08/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16405.json", "html_url": "/legal/doc/pgr-16405", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16405&strTipM=T" }, { "id": "pgr-16430", "citation": "OJ-055-2010", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on bill for sustainable development of the maritime-terrestrial zone", "title_es": "Opinión sobre proyecto de ley para el desarrollo sostenible de la zona marítimo terrestre", "summary_en": "The Attorney General's Office (PGR) issues a non-binding legal opinion on Bill 17310, which reforms Law 6043 on the maritime-terrestrial zone (ZMT). The PGR warns about eliminating participation of other agencies in land use planning, the ambiguous inclusion of \"adjacent maritime areas,\" and changing the term \"national heritage\" to \"natural heritage,\" which would conflict with the State Natural Heritage under the Forestry Law, preventing municipal administration over forests. It recommends removing discretion in coastal planning, incorporating the environmental legal framework, and referencing internal control and anti-corruption laws for private participation in regulatory plans. It notes that the concession tax should be linked to current Article 45. It deems the proposed authentic interpretation of Article 2 to be a legal modification. Finally, it objects to the municipal-MINAET co-administration regime as contrary to constitutional case law.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "13/08/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16430.json", "html_url": "/legal/doc/pgr-16430", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16430&strTipM=T" }, { "id": "pgr-16459", "citation": "C-199-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on a concrete case", "title_es": "Improcedencia de consulta por caso concreto", "summary_en": "Opinion C-199-2010 rejects the consultation submitted by the Coordinator of the Public Works Commission of the Municipality of San Ramón for failing to meet two essential admissibility requirements: it concerns a concrete case and was not submitted by the competent hierarchical authority. The Attorney General's Office reiterates that its advisory function is limited to generic and abstract legal questions and cannot replace the active administration in resolving specific matters. Municipalities must consult through the Mayor or the Municipal Council by express agreement. The possibility of resubmitting the consultation with corrected defects is left open.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/09/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16459.json", "html_url": "/legal/doc/pgr-16459", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16459&strTipM=T" }, { "id": "pgr-16466", "citation": "C-272-1985", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "2000-meter border strip is not a national reserve", "title_es": "Zona fronteriza de 2000 metros no es reserva nacional", "summary_en": "The Attorney General's Office analyzes whether the 2000-meter border strip can be considered a national reserve administrable by IDA. It concludes that it cannot: lands declared inalienable — such as the border zone — lose their status as national reserve and acquire a distinct legal status. National reserves are unregistered state lands subject to possessory information; once declared inalienable, they cannot be titled or transferred out of public domain except by express law. Administration of these inalienable lands falls to the Ministry of Agriculture and Livestock, not IDA, unless a law provides otherwise. The opinion reaffirms the criterion from opinion C-107-85, denying the reconsideration request.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "29/10/1985", "year": "1985", "json_url": "/data/legal/docs/pgr-16466.json", "html_url": "/legal/doc/pgr-16466", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16466&strTipM=T" }, { "id": "pgr-16468", "citation": "OJ-079-2010", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutional Jurisdiction Reform — Bill 17.743", "title_es": "Reforma a la Jurisdicción Constitucional — proyecto de ley 17.743", "summary_en": "The Attorney General issues a non-binding advisory opinion on Bill 17.743, which amends the Constitutional Jurisdiction Law. It analyzes key aspects such as dividing the Constitutional Chamber into sections to relieve congestion, converting the automatic suspension of amparo appeals into a discretionary precautionary measure, eliminating the optional prior constitutionality review of bills, and shaping the temporal effects of unconstitutionality rulings. The Attorney General warns that eliminating the review of constitutional amendments requires amending Article 10 of the Constitution. It recommends maintaining the review but regulating its exercise, suggesting raising the number of deputies' signatures required to request it. It questions the adoption of precautionary measures without hearing the Administration. It advises against granting the Chamber normative power to issue provisional rules to fill legal gaps. Finally, it makes specific observations on limiting standing in amparo, inadmissibility for failure to exhaust administrative remedies, and reinforcement of concentrated constitutional review.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "19/10/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16468.json", "html_url": "/legal/doc/pgr-16468", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16468&strTipM=T" }, { "id": "pgr-16518", "citation": "OJ-097-2010", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Donation of seized timber without waiting for a final conviction", "title_es": "Donación de madera decomisada sin esperar sentencia condenatoria", "summary_en": "The PGR analyzes bill No. 16,959, which sought to authorize MINAET to immediately donate seized timber, timber from natural disasters or road expansions, and abandoned timber to the Ministry of Justice and Peace without a final conviction. The PGR warns that seizure is a precautionary measure that does not transfer ownership to the State; definitive loss (forfeiture) only occurs upon a final conviction. Donating timber before a conviction would violate property rights (Art. 45 of the Constitution) and the presumption of innocence, raising serious constitutional doubts. The Legislative Assembly is advised to weigh these objections before passing the bill; legislative drafting deficiencies are also noted.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "06/12/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16518.json", "html_url": "/legal/doc/pgr-16518", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16518&strTipM=T" }, { "id": "pgr-16519", "citation": "OJ-099-2010", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Donating seized timber without waiting for a final conviction", "title_es": "Donación de madera decomisada sin esperar sentencia firme", "summary_en": "The Attorney General's Office reviews legislative bill 16.983, which amends Articles 6 and 65 of the Forestry Law to allow the Ministry of Environment to immediately donate seized timber to the Ministry of Public Education without waiting for a final conviction. The opinion warns that the proposal blurs the distinction between seizure and confiscation, and that disposing of property before a final conviction raises serious constitutional doubts, potentially violating property rights and the presumption of innocence. It also identifies deficiencies in legislative drafting, such as the outdated ministry name and unclear requirements for appraisals and access to private land. It concludes that approval is a matter of legislative discretion but recommends weighing the constitutional criticisms before proceeding.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "06/12/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16519.json", "html_url": "/legal/doc/pgr-16519", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16519&strTipM=T" }, { "id": "pgr-16565", "citation": "C-282-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Changing an alameda to a public street requires a law", "title_es": "Cambio de destino de alameda a calle pública requiere ley", "summary_en": "This opinion addresses whether a municipality can, under its autonomy, declare a pedestrian alameda a public street for paving, or if a prior law is required. It concludes that alamedas are public domain assets legally designated exclusively for pedestrian traffic. Any change of purpose to allow vehicular traffic, while remaining public, constitutes a demanial mutation that, under Articles 45 of the Urban Planning Law and 69 of the Administrative Contracting Law, must be authorized by the Legislative Assembly, because the original designation was by law. A municipal agreement attempting such change without a law is absolutely null. Binding administrative and judicial precedent is upheld, and municipal autonomy cannot override the protection regime for public domain assets.", "primary_topic_id": null, "topic_ids": [], "date": "24/12/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16565.json", "html_url": "/legal/doc/pgr-16565", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16565&strTipM=T" }, { "id": "pgr-16582", "citation": "C-273-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope and Limits of Conciliation and ADR Mechanisms for Public Administration", "title_es": "Alcances y límites de la conciliación y otros mecanismos RAC para la Administración Pública", "summary_en": "The Attorney General's Office clarifies the scope and limits of conciliation and other alternative dispute resolution (ADR) mechanisms applicable to municipalities and the entire Public Administration. It recognizes a generic authorization to use these methods, derived from Article 72 of the Contentious-Administrative Procedure Code and the ADR Law, but emphasizes that it is subject to two fundamental limits: the public interest and the principle of legality. The Administration lacks free disposal over matters such as powers of authority (taxation, sanctioning, expropriation), management of public funds, public domain, continuous provision of essential public services, and binding legal opinions. However, it admits some negotiation leeway regarding specific patrimonial consequences, such as the method of tax payment, the determination of just compensation in expropriations, or the State's patrimonial liability. Finally, it reconsiders ex officio Opinion C-205-2001 to conclude that conciliation is indeed a valid mechanism for disputes arising from public employment relationships.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "23/12/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-16582.json", "html_url": "/legal/doc/pgr-16582", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16582&strTipM=T" }, { "id": "pgr-16607", "citation": "OJ-009-2011", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutionality of the bill transforming IDA into INDER", "title_es": "Constitucionalidad del proyecto de ley de transformación del IDA en INDER", "summary_en": "The Attorney General's Office analyzes the bill to transform the Agrarian Development Institute (IDA) into the Rural Development Institute (INDER). It identifies several constitutionality issues, including potential encroachment on municipal land-use planning powers and the risk of reducing protected wild areas without following the required legal procedure, which would violate Article 50 of the Constitution. It also notes that the wording of certain articles could allow the removal of forest lands from the State's Natural Heritage. Additionally, it observes deficiencies in the definition of agricultural activities and legislative technique, such as lack of clarity on judicial representation and repeal of norms. The opinion suggests resolving these problems before approving the bill.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "21/02/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16607.json", "html_url": "/legal/doc/pgr-16607", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16607&strTipM=T" }, { "id": "pgr-16626", "citation": "C-038-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Authorization and closure of unauthorized private para-university institutes", "title_es": "Autorización y cierre de institutos parauniversitarios privados no autorizados", "summary_en": "The Attorney General's Office rules that private para-university higher education institutions require authorization from the Higher Education Council (CSE) to operate legally under Law No. 6541. The CSE has the power to authorize both the institutions and the programs they offer, and it holds the implicit authority to order the closure of unauthorized establishments and programs. The inquiry arose from complaints about centers operating without permission or offering unapproved programs. The opinion analyzes the constitutional and legal framework of freedom of education, concluding that it is not absolute and is subject to state inspection. It emphasizes that the CSE not only can but must act against irregular operation, without prejudice to coordinating with municipalities to revoke licenses and informing the public about authorized centers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/02/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16626.json", "html_url": "/legal/doc/pgr-16626", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16626&strTipM=T" }, { "id": "pgr-16650", "citation": "C-070-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Right-of-way width for local streets and implications of the Possessory Information Law", "title_es": "Ancho del derecho de vía de calles locales e implicaciones de la Ley de Informaciones Posesorias", "summary_en": "The Attorney General's Office clarifies that the width of rights-of-way for local streets is not regulated by Article 4 of the General Public Roads Law, partially reconsidering a prior opinion. It determines that the width of local streets must be established by the municipal regulatory plan or, in its absence, by INVU regulations. It explains that the reserves under Article 7 of the General Public Roads Law and Article 19(a) of the Possessory Information Law apply to future road works but do not require the inclusion of 'future road widening' strips in survey plans. The opinion rejects the inclusion of public domain lands in possessory titles, as they are inalienable and imprescriptible. The historical evolution of road legislation is analyzed to support the distinction between highways, local roads, and streets, and the supplementary competence of INVU in urban planning matters is established.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "16/03/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16650.json", "html_url": "/legal/doc/pgr-16650", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16650&strTipM=T" }, { "id": "pgr-16681", "citation": "OJ-025-2011", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Securing interests in maritime-terrestrial zone concessions and survival of liens", "title_es": "Garantías sobre concesiones en zona marítimo terrestre y subsistencia del gravamen", "summary_en": "The Attorney General's Office issues a legal opinion on the substitute text of bill 16.542, which would amend Article 67 of the Maritime-Terrestrial Zone Law (6043) to allow concessions and their constructions to be used as collateral for loans with the National Banking System. The PGR reiterates prior objections: it rejects the survival of a mortgage after the cancellation or extinction of the concession, based on the principle of accessory rights, and notes this contradicts administrative law doctrine. It also flags the underdeveloped figure of guarantee trusts, the lack of participation of municipalities, ICT, and IDA in post-foreclosure awards, and the need to correct technical inaccuracies. The opinion is non-binding and provided as institutional guidance for the legislative process.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16681.json", "html_url": "/legal/doc/pgr-16681", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16681&strTipM=T" }, { "id": "pgr-16694", "citation": "C-090-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Validity of the tax exemption of the National Board for the Blind", "title_es": "Vigencia de la exoneración tributaria del Patronato Nacional de Ciegos", "summary_en": "The Attorney General's Office determines that the National Board for the Blind, as a decentralized institution, maintains the tax exemption under Article 14(k) of its founding law, in accordance with Article 2(l) of the Exemption Regulatory Law No. 7293. The Board's inquiry sought confirmation that its purchases of goods for the rehabilitation of the blind and materials for its work are covered by the exemption. It concludes that, absent subsequent legal modifications contradicting Opinion C-144-1994, the subjective exemption remains, exempting from all taxes, stamps, and fees the articles and materials necessary for its purposes, which are of public and social interest. It reaffirms the Board's nature as a decentralized entity, making it a beneficiary of the exception under Law 7293.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/04/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16694.json", "html_url": "/legal/doc/pgr-16694", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16694&strTipM=T" }, { "id": "pgr-16700", "citation": "C-105-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "SETENA and Environmental Administrative Tribunal Sanctioning Powers", "title_es": "Competencias sancionatorias SETENA y Tribunal Ambiental Administrativo", "summary_en": "The Minister of Environment asked the Attorney General's Office about several issues concerning SETENA and the Environmental Administrative Tribunal's (TAA) sanctioning powers: whether SETENA can impose all sanctions under Article 99 of the Organic Environmental Law (LOA); how to proceed with projects built without environmental viability; whether the TAA can open sanctioning proceedings on matters already pending before SETENA; whether SETENA's technical opinion is binding on the TAA; whether the TAA can sanction the Public Administration; and TAA conciliations. The PGR declared itself incompetent to decide the substantive questions on competence conflicts between SETENA and the TAA, as it is a conflict between bodies of the same Ministry to be resolved by the hierarchical superior. However, it gave a non-binding analysis of the LOA's legislative history, showing that the current ambiguity in sanctioning powers resulted from a legislative oversight when creating the TAA without clearly delimiting its functions vis-à-vis SETENA's. On the TAA's power to hear complaints against the Public Administration, the PGR concluded that Articles 99 and 111(a) of the LOA grant broad competence to hear complaints against public entities and to sanction public officials. Regarding conciliations, it confirmed Opinion C-219-2009: the TAA cannot propose or conduct conciliations, but may homologate agreements between the parties. On the execution of funds from conciliations, it declined jurisdiction as it is an exclusive matter for the Comptroller General's Office.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "procedural-environmental", "_off-topic" ], "date": "17/05/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16700.json", "html_url": "/legal/doc/pgr-16700", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16700&strTipM=T" }, { "id": "pgr-16709", "citation": "OJ-030-2011", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Use of Budgetary Surpluses, Unallocated Sums, and Tax Collection in the Public Sector", "title_es": "Disposición de superávit, sumas libres y cobro de tributos en el sector público", "summary_en": "The Attorney General's Office analyzes the legal framework governing the free disposal of consolidated surpluses, unallocated budget sums, and their potential transfer to the Central Government, as well as the constitutionality of collecting taxes that do not result in public spending and the legality of public service tariffs that generate surpluses. It concludes that the regulation of surpluses and unallocated sums stems mainly from executive decrees and Comptroller General provisions, which prohibit their free disposal. It notes that the principle of financial legality prevents transferring such resources to the Central Government without legal authorization. It holds that taxes may serve extra-fiscal purposes and their legitimacy does not depend solely on being linked to public spending. Regarding public services regulated by ARESEP, tariffs must maintain financial equilibrium and not generate surpluses, while for unregulated services, it is up to the legislature to determine the applicable regime.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/06/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16709.json", "html_url": "/legal/doc/pgr-16709", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16709&strTipM=T" }, { "id": "pgr-16725", "citation": "OJ-033-2011", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "PGR Observations on the Wildlife Conservation Bill", "title_es": "Observaciones de la PGR al proyecto de Ley de Conservación de la Vida Silvestre", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill No. 17054, which seeks to reform the Wildlife Conservation Law. It warns about omitted definitions such as continental waters, marine fishery resources, and exotic species. It notes that the creation of the National Wildlife Service (SENAVIS) within SINAC does not clarify its degree of deconcentration or justify the redistribution of competencies, which could cause legal chaos. Regarding wildlife refuges, it questions the permission of development and exploitation activities on State Natural Heritage lands through use permits, as these are for simple acts and not for development projects or permanent constructions. It recalls that the Forestry Law only allows research, training, and ecotourism on such lands, and that any expansion of uses requires technical studies to justify it. It also notes that the Forestry Law's restrictive definition of forest inadequately protects ecosystems, which affects the criminalization of tree cutting proposed in the bill.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "forestry-law-7575" ], "date": "13/06/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16725.json", "html_url": "/legal/doc/pgr-16725", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16725&strTipM=T" }, { "id": "pgr-16771", "citation": "OJ-041-2011", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Concession in the border zone with Panama", "title_es": "Concesión de zona fronteriza con Panamá", "summary_en": "The Attorney General’s Office issues a non-binding legal opinion on Bill No. 17.956, which proposes a concession system for the southern border strip with Panama. The PGR identifies several flaws: the 200-meter strip adjacent to the border lacks clear regulation, the role of the Agrarian Development Institute vis-à-vis municipalities is ambiguous, the priority order for granting concessions may be confusing, there is an antinomy between the preference right of a ten-year occupant and that of lease contract holders, and sub-concessions are deemed inappropriate. It also stresses the need for effective sanctions and a review of the proposal to encumber concessions with mortgages or fiduciary guarantees. It concludes that the draft has substantive and drafting issues, but the final decision rests with the Legislative Assembly.", "primary_topic_id": null, "topic_ids": [], "date": "19/07/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16771.json", "html_url": "/legal/doc/pgr-16771", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16771&strTipM=T" }, { "id": "pgr-16792", "citation": "C-173-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Exemption from construction tax for foundations", "title_es": "Exoneración del impuesto de construcción a fundaciones", "summary_en": "The opinion addresses whether a municipality may exempt private entities such as foundations or associations from paying the construction tax, even when projects serve social purposes. The Attorney General's Office concludes that the exemption in Article 70 of the Urban Planning Law applies only to Central Government, autonomous institutions (for socially-oriented works), and medical-social or educational assistance institutions, so municipalities lack authority to extend it to subjects not covered by the legislator. However, municipalities may set a 0% tax rate (neutral rate) within the authorized range, provided tax equality principles are respected and any differentiation is duly justified.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16792.json", "html_url": "/legal/doc/pgr-16792", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16792&strTipM=T" }, { "id": "pgr-16805", "citation": "OJ-050-2011", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bill to protect forest species and remedy legislative omission in Forestry Law Article 28", "title_es": "Proyecto de ley para proteger especies forestales y subsanar omisión legislativa en artículo 28 de la Ley Forestal", "summary_en": "The Attorney General's Office issues a legal opinion on a bill to amend Article 3(d) and add Article 28 bis to Forestry Law No. 7575, aiming to remedy the relative unconstitutionality by omission declared by the Constitutional Chamber in ruling 3923-2007. The proposed change would redefine forest by eliminating technical parameters such as a minimum area of 2 hectares and the requirement of native species, reverting to a broad definition. The bill introduces precautionary measures before tree felling in forest plantations and agroforestry systems, including mandatory inspections and possible permits, to prevent damage to resources performing essential environmental functions. The PGR notes that the draft wording needs adjustments to ensure universal prior inspection, to clarify the prohibition of felling in cases of environmental risk, and to specify the obligation to replace the resource. It concludes that the initiative conforms to the Chamber's order but recommends improvements in legislative drafting.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "22/08/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16805.json", "html_url": "/legal/doc/pgr-16805", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16805&strTipM=T" }, { "id": "pgr-16815", "citation": "C-197-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "SINAC Authority to Lift Mangrove Reserve Annotations on Maps", "title_es": "Competencia del SINAC para levantar anotaciones de afectación por reserva de manglar", "summary_en": "The Attorney General's Office rules that the National System of Conservation Areas (SINAC) is the competent entity to lift annotations of mangrove reserve encumbrances on land survey maps, having assumed the powers of the former Forestry Directorate and Wildlife Directorate under Article 22 of Biodiversity Law No. 7788. It reaffirms that mangroves are inalienable, imprescriptible, and unseizable public domain assets, and they retain this status even if physically destroyed, unless formally de-affected by a legal norm. The Administration must assess each case through a reasoned decision, considering that the disappearance of the original conditions for the annotation might justify its removal, but not the mere physical elimination of the mangrove.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "biodiversity-law-7788" ], "date": "23/08/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16815.json", "html_url": "/legal/doc/pgr-16815", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16815&strTipM=T" }, { "id": "pgr-16838", "citation": "OJ-047-2011", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Whether to allow domestic fishing in national parks", "title_es": "Posibilidad de permitir pesca doméstica en parques nacionales", "summary_en": "Legal Opinion OJ-047-2011 from the Attorney General's Office analyzes a bill to reform Article 9 of the Fishing and Aquaculture Law (No. 8436) to allow domestic fishing in marine areas of mainland national parks, under management plans and MINAE authorization. The PGR concludes that allowing any fishing in national parks, including subsistence fishing, is contrary to Costa Rica's constitutional framework — specifically Articles 50 and 89 of the Political Constitution, as well as international instruments such as the Convention on Nature Protection and Wildlife Preservation and the Central American Biodiversity Convention. It argues that national parks are designated for the absolute conservation of natural resources for present and future generations, so an exception for subsistence fishing would be unconstitutional. It notes that other marine areas outside national parks are available for fishing, making the absolute prohibition neither disproportionate nor irrational.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "16/08/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16838.json", "html_url": "/legal/doc/pgr-16838", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16838&strTipM=T" }, { "id": "pgr-16845", "citation": "OJ-057-2011", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform of Article 261 of the Criminal Code — protection of water resources", "title_es": "Reforma al artículo 261 del Código Penal — protección del recurso hídrico", "summary_en": "The Attorney General's Office analyzes bill No. 17,560, which seeks to amend Article 261 of the Criminal Code to create a standalone environmental crime for water pollution. The opinion finds the proposal unnecessary and confusing, because polluting water is already criminalized in several laws (Wildlife, Waste Management, Forestry, and the Criminal Code itself). The proposed wording, by including \"any area that allows infiltration,\" could create an unconstitutional open-ended offense violating the principles of legality and legal certainty. It also excludes direct contamination of food or medicines and ignores the interdependence with Articles 262 and 263. The opinion is non-binding because it concerns a bill. It recommends not approving the reform as drafted.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "13/09/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16845.json", "html_url": "/legal/doc/pgr-16845", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16845&strTipM=T" }, { "id": "pgr-16866", "citation": "C-256-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Opening public streets not included in the regulatory plan road map", "title_es": "Apertura de calles públicas no previstas en el plano de vialidad del plan regulador", "summary_en": "This opinion examines whether a municipality may authorize the opening of public streets not included in the regulatory plan's road map. The PGR concludes that it is possible, provided the plan's zoning is not violated and one of these scenarios applies: (a) streets resulting from urban development projects approved after the regulatory plan; (b) roads already dedicated by law or de facto to public use, with state ownership evidenced in maps or cadastres; (c) change of purpose of a public domain asset, respecting the normative rank of the original designation; and (d) voluntary transfer, sale, or compulsory expropriation of private land, following a declaration of public interest. In all cases, the road must lie on public domain land or be legally designated for public use, without infringing private property rights. The opinion thus delineates the limits and possibilities of municipal authority over road openings outside the regulatory plan's official map.", "primary_topic_id": null, "topic_ids": [], "date": "21/10/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16866.json", "html_url": "/legal/doc/pgr-16866", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16866&strTipM=T" }, { "id": "pgr-16902", "citation": "C-278-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Setting tariffs for public services and jurisdiction over complaints within ARESEP", "title_es": "Fijación de tarifas de servicios públicos y competencia sobre quejas en la ARESEP", "summary_en": "The consultation submitted by the General Regulator of ARESEP asks whether the Regulator or the Board of Directors may temporarily or permanently take over the power to set regulated public service tariffs and to resolve complaints, based on Article 102(e) of the General Public Administration Act and prior opinions of the Attorney General. The Attorney General declares the consultation inadmissible because the Constitutional Court is currently adjudicating a constitutional challenge against Board decisions and provisions of ARESEP’s Autonomous Organizational and Functions Regulation that directly concern the allocation of tariff-setting and complaint-resolution powers. Refraining from issuing an opinion avoids interference with judicial functions and respects normative hierarchy. Nevertheless, the Attorney General reiterates its settled doctrine on avocación: it is permissible only when there has been a deconcentration of powers to a subordinate organ and the legal framework has removed the superior’s ability to hear appeals against the subordinate’s decision.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/11/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16902.json", "html_url": "/legal/doc/pgr-16902", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16902&strTipM=T" }, { "id": "pgr-16903", "citation": "OJ-075-2011", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "UNESCO Convention on Underwater Cultural Heritage — constitutionality of approval bill", "title_es": "Convención UNESCO sobre patrimonio cultural subacuático — constitucionalidad del proyecto de aprobación", "summary_en": "The Office of the Attorney General of Costa Rica, at the request of the Legislative Assembly, reviews the bill to approve the UNESCO Convention on the Protection of the Underwater Cultural Heritage (legislative file 17.260). After a detailed analysis of the legal framework governing cultural heritage—including Articles 89 and 50 of the Constitution, Constitutional Chamber case law, the National Archaeological Heritage Law (Law 6703), and the Law of the Sea Convention—the PGR concludes that the Convention does not suffer from any constitutional defects. It emphasizes that the instrument respects State sovereignty, prioritizes in situ preservation, establishes a system of international cooperation, and requires States Parties to impose sufficiently severe sanctions. The opinion highlights that the Convention fills a regulatory gap in the Costa Rican legal system concerning underwater heritage, recognizing it as an integral part of the cultural heritage of humanity and promoting responsible research and the fight against illicit trade in submerged objects. No objections are raised; the consultation is answered favorably.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "31/10/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16903.json", "html_url": "/legal/doc/pgr-16903", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16903&strTipM=T" }, { "id": "pgr-16919", "citation": "C-292-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nullity of IDA transfer agreement is time-barred", "title_es": "Nulidad de acuerdo de traspaso del IDA está caduca", "summary_en": "The Attorney General's Office responds to a query from the Agrarian Development Institute (IDA) on whether it can declare the absolute, evident, and manifest nullity of a Board of Directors' 2004 resolution that segregated and transferred a plot to an individual, even though the property was already registered under another legal entity. The opinion concludes that a favorable ruling is impossible because the four-year statute of limitations for administrative annulment of acts predating January 1, 2008, has expired. Furthermore, even absent the time bar, the nullity would not be evident and manifest due to grave procedural defects in the process and the existence of a possessory conflict that belongs in court.", "primary_topic_id": null, "topic_ids": [], "date": "30/11/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16919.json", "html_url": "/legal/doc/pgr-16919", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16919&strTipM=T" }, { "id": "pgr-16926", "citation": "C-281-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Prohibition on installing commercial signs in public schools and buildings", "title_es": "Imposibilidad de instalar rótulos comerciales en escuelas y edificios públicos", "summary_en": "The Attorney General's Office declines jurisdiction over the administration of public assets and government contracting, deferring to the Comptroller General's exclusive competence. However, on the normative question of installing commercial signs on public buildings and schools, it concludes there is an express legal prohibition under Article 32 of the Construction Law and Article 53 of Executive Decree 29253. Consequently, School Boards cannot authorize contracts with private parties for advertising on school grounds. Any permits granted in violation of this prohibition are precarious and revocable without liability to the Administration. The opinion advises Boards to refrain from such contracts and notes that existing contracts are subject to revocation.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "24/11/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16926.json", "html_url": "/legal/doc/pgr-16926", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16926&strTipM=T" }, { "id": "pgr-16955", "citation": "C-324-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Maximum easement length for subdivisions under INVU regulation", "title_es": "Límite de longitud de servidumbre en fraccionamientos según reglamento del INVU", "summary_en": "The opinion analyzes whether article II.2.1.1 of the National Subdivision and Urbanization Control Regulation allows exceptions to the 60-meter maximum length for access easements to interior lots in single-family home subdivisions. The PGR concludes that the regulation does not provide for exceptions, so the limit must be applied. However, it notes that municipalities may issue their own regulations as part of local master plans, which can contain different provisions and would prevail over INVU's regulation, given the subsidiary nature of INVU's authority. The PGR also recommends that such instruments not be used to regularize irregular situations but rather to promote orderly urban development.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "22/12/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16955.json", "html_url": "/legal/doc/pgr-16955", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16955&strTipM=T" }, { "id": "pgr-16963", "citation": "C-321-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "The Municipal Council is the supreme superior body empowered to annul municipal acts", "title_es": "El Concejo es el órgano superior supremo que puede anular actos municipales en vía administrativa", "summary_en": "The Attorney General's Office answers the Municipality of Tibás's inquiry regarding who constitutes the \"supreme superior body of the administrative hierarchy\" in municipal corporations under Article 173.2 of the General Public Administration Law (LGAP), in order to determine which body has the power to annul acts that declare rights, including those in municipal labor or employment matters. The PGR clarifies that, although the Mayor has authority over personnel, the Municipal Council is the collegiate body with the legitimacy to declare the absolute, evident, and manifest nullity of such acts through administrative channels. This interpretation is based on a historical review and the regulatory change introduced by the Contentious Administrative Procedure Code (Law 8508), which replaced the criterion of \"administrative head\" with that of \"supreme superior body of the administrative hierarchy.\" It also distinguishes the Mayor's sanctioning power from the Council's annulment power and confirms the validity of this criterion despite subsequent legal reforms.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/12/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16963.json", "html_url": "/legal/doc/pgr-16963", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16963&strTipM=T" }, { "id": "pgr-16977", "citation": "C-250-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Signature delegation at MINAET — consultation inadmissible for involving a specific case", "title_es": "Delegación de firmas en el MINAET — improcedencia de la consulta por caso concreto", "summary_en": "The Attorney General's Office declines to issue a binding opinion on the questions raised by the Internal Audit of MINAET regarding the validity of acts of delegation of signature from the Minister to the Official Mayor, the possibility of curing defects in administrative acts, and the liabilities of the heads of the Ministry. It finds that the queries concern a specific, contested case —including past administrative decisions—, which contravenes the admissibility requirements for its advisory function. By way of collaboration, however, the PGR provides a compilation of doctrine and case law on the delegation of signature under Article 92 of the General Law of Public Administration, emphasizing that it does not transfer competence and that liability remains with the delegator.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/10/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16977.json", "html_url": "/legal/doc/pgr-16977", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16977&strTipM=T" }, { "id": "pgr-16989", "citation": "C-336-2011", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Community Development Associations: Are They Equivalent to Second-Degree Groups?", "title_es": "Asociaciones de desarrollo comunal: ¿son equiparables a las de segundo grado?", "summary_en": "The Attorney General's Office examines whether second-, third-, and fourth-degree organizations created under Law 3859 (unions, federations, confederation) enjoy the same rights as first-degree community development associations. It concludes they are distinct legal entities with their own purposes and regulations and cannot be fully equated. This reasoning is applied to determine that only first-degree integral development associations may submit candidate lists for the Local Credit Boards of Banco Popular y de Desarrollo Comunal, excluding higher-degree groups.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/12/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-16989.json", "html_url": "/legal/doc/pgr-16989", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=16989&strTipM=T" }, { "id": "pgr-17047", "citation": "OJ-060-2011", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Non-prescriptibility of worker-employer social security debts", "title_es": "Imprescriptibilidad de deudas por cuotas obrero-patronales de la CCSS", "summary_en": "The Attorney General's Office issues a non-binding opinion on Bill 17.954, which proposes to declare the CCSS's right to collect unpaid worker-employer contributions as imprescriptible. The opinion clarifies the difference between inalienability and non-prescriptibility, tracing the Constitutional Chamber's evolving case law which corrected its earlier conflation. It stresses that extinctive prescription is not unconstitutional and is essential for legal certainty, public order, and social peace. It notes that the collection right is already subject to a ten-year prescription period under Article 56 of the CCSS Constitutive Law, as upheld by the Second Chamber. While acknowledging legislative discretion to modify prescription periods, it cautions that any reform must balance financial sustainability of the social security system, avoiding illusorily short deadlines that undermine it and imprescriptibility that creates legal instability. The final decision on the bill is a matter of legislative policy reserved for the Legislative Assembly.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/09/2011", "year": "2011", "json_url": "/data/legal/docs/pgr-17047.json", "html_url": "/legal/doc/pgr-17047", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17047&strTipM=T" }, { "id": "pgr-17070", "citation": "C-046-2012", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Educational infrastructure in restricted maritime-terrestrial zone via use permit", "title_es": "Infraestructura educativa en zona restringida de zona marítimo terrestre mediante permiso de uso", "summary_en": "The Attorney General's Office analyzes whether it is legally possible to build educational infrastructure in the restricted zone of the maritime-terrestrial zone (ZMT) under a use permit. It concludes that it is not, because use permits only authorize simple acts and not permanent buildings. Schools, due to their public purpose, are permanent constructions that would compromise future coastal planning. Furthermore, the use permit is a unilateral act for private parties, not for public entities such as School Boards. Nor can it be based on Article 62 of the Municipal Code, since the ZMT is national heritage and not municipal. Finally, Transitory VIII of the ZMT Law does not enable leasing for this purpose, but only exempts School Boards from payment in contracts preceding the current law.", "primary_topic_id": null, "topic_ids": [], "date": "22/02/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17070.json", "html_url": "/legal/doc/pgr-17070", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17070&strTipM=T" }, { "id": "pgr-17086", "citation": "OJ-017-2012", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal nature of the marchamo and its components", "title_es": "Naturaleza jurídica del marchamo y sus rubros", "summary_en": "The Attorney General's Office addresses a legislative deputy's inquiry on whether the vehicle circulation permit (marchamo) qualifies as a 'duty' under Article 17 of the OAS-Costa Rica Agreement. The Office declines to rule on the specific case of OAS foreign officials but provides a legal analysis of the constituent elements of the marchamo: vehicle property tax, mandatory insurance, COSEVI contribution, municipal tax, wildlife stamp, social program levy, and sales tax. It concludes that the marchamo is primarily a certificate of payment evidencing compliance with various coercive obligations established by law, mostly of a tax nature, except for the mandatory insurance which is a mercantile contract required by statute.", "primary_topic_id": "_off-topic", "topic_ids": [ "wildlife-law-7317", "_off-topic" ], "date": "24/02/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17086.json", "html_url": "/legal/doc/pgr-17086", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17086&strTipM=T" }, { "id": "pgr-17091", "citation": "C-076-2012", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Constitution and elimination of municipal public streets", "title_es": "Constitución y eliminación de calles públicas municipales", "summary_en": "This opinion analyzes when a public street is legally constituted in Costa Rica, clarifying that it does not depend merely on its indication in a cadastral map but on compliance with substantive legal requirements. It identifies four pathways for a strip of land to become a public road: 1) approved urban development (subdivision or urbanization) pursuant to the regulatory plan, with land ceded to the public domain; 2) public domain lands delivered by law or de facto to public use, even if not shown on the official map; 3) 'mutación demanial,' altering the use of a public asset through a norm of equal or higher rank than the one that originally affected it; 4) voluntary transfer, sale, or expropriation of private land. It stresses that a road on private property is not public by mere tolerance. Regarding the elimination of a materially nonexistent public street appearing on a cadastral map with a municipal approval visa, the opinion states that the legal existence of the map must be challenged via a new corrected map, evident absolute nullity in administrative proceedings, or a 'lesividad' process before the contentious-administrative jurisdiction, declaring both the municipal visa and the cadastral registration harmful to public interests.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "20/03/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17091.json", "html_url": "/legal/doc/pgr-17091", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17091&strTipM=T" }, { "id": "pgr-17103", "citation": "OJ-126-2008", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Amendment to the Weapons and Explosives Law — file 16.429", "title_es": "Reforma a la Ley de Armas y Explosivos — expediente 16.429", "summary_en": "The Office of the Attorney General issues a non-binding legal opinion on the substitute text of Bill 16.429, which seeks to amend the Weapons and Explosives Law No. 7530 to shift from a permissive to a restrictive model for firearm possession and carrying. The analysis covers a series of technical observations: regulatory gaps, erroneous cross-references, duplication of criminal offenses and penalties, and the need to harmonize the bill with women’s protection legislation. It specifically examines the proposal to add a subsection to Article 112 of the Penal Code to classify homicide committed with a firearm as aggravated, concluding that this aggravating factor is reasonable and proportionate, consistent with the instrumental and symbolic functions of criminal law and the constitutional mandate to protect life. The opinion suggests numerous legislative drafting corrections and substantially recommends retaining the original wording for some offenses and eliminating redundant articles.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2008", "year": "2008", "json_url": "/data/legal/docs/pgr-17103.json", "html_url": "/legal/doc/pgr-17103", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17103&strTipM=T" }, { "id": "pgr-17128", "citation": "C-101-2012", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Declaration of municipal public roads", "title_es": "Declaratoria de caminos públicos municipales", "summary_en": "The Attorney General's Office addresses the inquiry of the Municipality of Pérez Zeledón regarding the possibility of declaring a municipal public road. It examines four scenarios: opening streets as part of approved development projects after the regulatory plan, declaring de facto existing streets not in the official map, changing the purpose of public domain property through a norm of equal rank to its original designation, and acquisition or expropriation of private land. It concludes that the municipality has authority to open or reopen public roads on public domain land, even if not included in the regulatory plan, provided legal procedures are followed. On private land, declaration requires prior voluntary transfer or expropriation, otherwise property rights are violated.", "primary_topic_id": null, "topic_ids": [], "date": "07/04/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17128.json", "html_url": "/legal/doc/pgr-17128", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17128&strTipM=T" }, { "id": "pgr-17154", "citation": "OJ-026-2012", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Declassification and titling of the border zone with Panama", "title_es": "Desafectación y titulación de la zona fronteriza con Panamá", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on bill No. 16.657, which seeks to declassify the border strip with Panama and title lands to occupants with ten years of possession. The PGR identifies multiple issues: total repeal of subsection f) of Article 7 of the Land and Colonization Law would leave the Nicaragua border strip unprotected, affecting the Natural State Patrimony and potentially unconstitutional; full declassification of the 200-meter zone closest to the border could weaken state presence; there are gaps regarding the timeframe to prove occupation, the Attorney General's participation, mandatory judicial inspection, and the relationship between regulatory plans and titling. These defects should be corrected before approval.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "28/05/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17154.json", "html_url": "/legal/doc/pgr-17154", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17154&strTipM=T" }, { "id": "pgr-17196", "citation": "C-148-2012", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Protection radii for springs under the Water Law and the Forestry Law", "title_es": "Radios de protección de nacientes según la Ley de Aguas y la Ley Forestal", "summary_en": "The Attorney General's Office clarifies the difference between the public domain protection areas around springs that supply water to populations — established in the Water Law and other norms with radii of 200 to 300 meters depending on topography — and the 100-meter protection areas around permanent springs provided for in Articles 33 and 34 of the Forestry Law. The latter constitute legitimate limitations on private property that do not require compensation, and their scope is not limited to the prohibition of tree cutting, but includes the restriction of any activity that may affect the water resource, in accordance with Article 58 of the same law which criminalizes the invasion of protection zones. The opinion notes that this interpretation has been endorsed by the Constitutional Chamber and the First Chamber of the Supreme Court, and that even the Criminal Cassation Court has determined that the crime of invasion is committed on an ongoing basis as long as constructions remain. Additionally, the radii of 60 and 50 meters for non-permanent springs under Article 149 of the Water Law are mentioned.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "12/06/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17196.json", "html_url": "/legal/doc/pgr-17196", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17196&strTipM=T" }, { "id": "pgr-17211", "citation": "C-157-2012", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Construction permits in spring protection areas", "title_es": "Permisos de construcción en áreas de protección de nacientes", "summary_en": "Opinion C-157-2012 of the Attorney General's Office examines the legal framework for granting construction permits on lands bordering permanent springs. It distinguishes two regimes: (1) public domain, when the spring serves as a drinking water source for populations, as determined by AyA, based on Article 7(c) of the Lands and Colonization Law, Article 31 of the Water Law, and Article 2 of the General Drinking Water Law, establishing inalienable strips of 200 or 300 meters; and (2) private protection areas under Article 33 of the Forestry Law, within a 100-meter radius, considered non-compensable social interest limitations. In the first case, construction permits cannot be granted because the land is public domain; in the second, protection areas restrict construction but do not constitute public domain unless overlapping with public domain zones. The opinion stresses the obligation of municipalities to verify these conditions and coordinate with AyA, MINAET, and INVU for technical delimitations and alignments, citing Grecia's Regulatory Plan which prohibits construction on spring-associated lands.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "25/06/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17211.json", "html_url": "/legal/doc/pgr-17211", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17211&strTipM=T" }, { "id": "pgr-17228", "citation": "OJ-037-2012", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Non-wage nature of 10% service charge and constitutional concerns", "title_es": "Naturaleza no salarial del 10% servicio y roces constitucionales", "summary_en": "The Attorney General's Office analyzed bill 18.278, which sought to eliminate the wage nature that the Second Chamber's case law has granted to the 10% service charge (commonly called a tip) and exclude it from social charges and labor benefits. The opinion reviews the legislative history of Laws 4946 and 5635, concluding that the original legislative intent was not to confer wage character to this payment, since it is made by the customer and not the employer. However, it recognizes that binding constitutional case law has established that excluding the 10% service charge from the base for social security contributions and pensions would be a regressive measure, violating the principle of progressivity of social and social security rights. The Attorney General issues a non-binding opinion in collaboration with the Legislative Assembly, indicating that the bill could have constitutional flaws.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/07/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17228.json", "html_url": "/legal/doc/pgr-17228", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17228&strTipM=T" }, { "id": "pgr-17233", "citation": "C-172-2012", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Authority to declare public roads in the cantonal road network", "title_es": "Competencia para declarar caminos públicos en la red vial cantonal", "summary_en": "The Attorney General's Office analyzed whether municipalities or the Ministry of Public Works and Transport have the authority to declare a road as public. It concluded that the determination of public roads falls primarily to the MOPT, with those not included in the national road network falling under the cantonal road network. However, for municipal streets, which are owned by the municipality, the authority to declare them public lies with the Municipal Council under its urban planning powers. This authority does not affect the responsibilities of other bodies such as the INVU's Urban Planning Directorate in controlling subdivisions and developments. The declaration can be based on public domain land, de facto public use, or voluntary transfer, purchase, or expropriation of private land.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/07/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17233.json", "html_url": "/legal/doc/pgr-17233", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17233&strTipM=T" }, { "id": "pgr-17257", "citation": "C-151-2012", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "FINADE investments in Central Bank securities and income tax withholding", "title_es": "Inversiones de FINADE en valores del Banco Central y el impuesto sobre la renta", "summary_en": "The Attorney General’s Office examines whether the National Development Trust (FINADE) is exempt from the withholding tax on interest earned from investments in Costa Rican Central Bank securities. It concludes that article 23(c) of the Income Tax Law imposes a unique and definitive tax on interest from securities, separate from the profits tax. The exemption granted to FINADE under article 24 of the Banking for Development System Law applies only to profits from its financial operations, not to investment income from third-party securities. Since the Central Bank is part of the National Banking System and no law exempts its securities, FINADE is subject to an 8% withholding tax on interest from such investments.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/06/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17257.json", "html_url": "/legal/doc/pgr-17257", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17257&strTipM=T" }, { "id": "pgr-17274", "citation": "OJ-052-2012", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Protection of Occupants in Wilderness and Maritime-Terrestrial Zones: Bill", "title_es": "Protección de ocupantes en áreas silvestres y zona marítimo-terrestre: proyecto de ley", "summary_en": "The Office of the Attorney General reviews bill No. 18,440 'Law for the Protection of Citizens Occupying Zones Classified as Special', which proposes a 24-month moratorium on evictions and demolitions in the maritime-terrestrial zone, border zone, and state natural heritage lands. It warns of constitutional issues with Article 50 (right to a healthy environment) by weakening administrative self-protection without technical basis or superior public interest. It points out violation of the separation of powers by preventing enforcement of judicial orders. It criticizes confusing wording on suspension of activities, lack of definition of 'precarious occupants', and risk of encouraging invasions. It recommends correcting constitutional, substantive, and technical defects before any approval.", "primary_topic_id": null, "topic_ids": [], "date": "11/09/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17274.json", "html_url": "/legal/doc/pgr-17274", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17274&strTipM=T" }, { "id": "pgr-17282", "citation": "C-219-2012", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "EIA requirement for forest harvesting in Mixed Wildlife Refuges", "title_es": "Requisito de EIA para aprovechamiento forestal en Refugios de Vida Silvestre Mixtos", "summary_en": "The Attorney General's Office responds to SINAC's query on whether forest harvesting permits in Mixed Wildlife Refuges require an Environmental Impact Assessment (EIA) and whether Article 5 of Decree 34559-MINAET contravenes Articles 82 of the Wildlife Conservation Law, 114 of the Biodiversity Law, and 17 of the Environmental Law. The opinion concludes that, although the regulations do not explicitly list forest harvesting among the permitted activities in the private portion of these refuges, if it is exceptionally authorized under SINAC's compatibility criterion, a prior EIA is required under Article 82 of Law 7317. It also finds that Article 5 of Decree 34559 conflicts with that law and Articles 17 and 37 of the Environmental Law by establishing that environmental viability is obtained after the management plan is approved, whereas the law requires the impact evaluation to be prior to authorization.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "environmental-law-7554" ], "date": "20/09/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17282.json", "html_url": "/legal/doc/pgr-17282", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17282&strTipM=T" }, { "id": "pgr-17292", "citation": "OJ-055-2012", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal Nature of the Relationship Between INS and Its Insurance Sales Agents", "title_es": "Naturaleza jurídica de la relación entre el INS y sus agentes de ventas de seguros", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on a bill to reform Article 22 of Law 8653, which sought to establish an absolute legal presumption of an employment relationship between insurance agents and insurers. The PGR warns that classifying a relationship as employment depends on the specific circumstances of each case, particularly the existence of subordination, and that a legal fiction that admits no evidence to the contrary cannot be imposed by law. It notes that the majority jurisprudence of the Second Chamber has considered the relationship between the INS and its agents to be commercial, not employment. The opinion concludes that the advisability of introducing such regulation is a matter of legislative policy exclusively within the purview of the Legislative Assembly.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/09/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17292.json", "html_url": "/legal/doc/pgr-17292", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17292&strTipM=T" }, { "id": "pgr-17299", "citation": "OJ-067-2012", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Authentic interpretation of national convenience projects in Forestry Law", "title_es": "Interpretación auténtica de proyectos de conveniencia nacional en Ley Forestal", "summary_en": "This legal opinion analyzes a bill that sought to authentically interpret Articles 19(b) and 34 of Forestry Law 7575 to limit 'national convenience projects' to infrastructure or works necessary for public services. The PGR points out a fundamental error: the definition of 'national convenience activities' is actually in Article 3(m) of the same law, introduced by Biodiversity Law 7788, not in the cited articles. It warns that authentic interpretation has retroactive effects only if ambiguity or obscurity exists, and otherwise a legal reform is recommended. It concludes that the bill has substantive and drafting problems and suggests corrections, clarifying that approval is a legislative policy decision.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788" ], "date": "28/09/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17299.json", "html_url": "/legal/doc/pgr-17299", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17299&strTipM=T" }, { "id": "pgr-17322", "citation": "OJ-020-2012", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "JAPDEVA Law Reform and Protected Wildlife Areas in Northern Caribbean", "title_es": "Reforma de la Ley de JAPDEVA y áreas silvestres protegidas del Caribe Norte", "summary_en": "The Office of the Attorney General issues a non-binding legal opinion on bill 18293, which would amend articles 2 and 41 of the JAPDEVA Law. The bill would authorize JAPDEVA to validate land adjudication, titling, segregation, and transfer procedures conducted by IDA and courts, and to dispose of lands not suitable for port development through lease, sale, donation, or concession to possessors of over ten years. The PGR objects to the reform on several grounds: JAPDEVA lacks jurisdiction to validate acts of IDA or judicial bodies; it is not possible to validate procedures on public domain assets; the declassification and reduction of protected wildlife areas require prior technical environmental studies and a law, per Article 50 of the Constitution; use of terms like lease is inappropriate for public domain goods; and unilateral rescission without administrative liability is unconstitutional. The opinion extensively describes the protected wildlife areas of the Northern Caribbean and requests that deputies not adopt the bill as proposed.", "primary_topic_id": null, "topic_ids": [], "date": "07/05/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17322.json", "html_url": "/legal/doc/pgr-17322", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17322&strTipM=T" }, { "id": "pgr-17396", "citation": "C-289-2012", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Demanial mutation of public roads in a biological reserve", "title_es": "Mutación demanial de caminos públicos en reserva biológica", "summary_en": "The opinion examines whether public roads inside the Lomas Barbudal Biological Reserve, created by Executive Decree, fall under SINAC administration or remain under municipal/MOPT jurisdiction. It concludes that, in principle, automatic demanial mutation does not apply, as the decree lacks intent to transfer road administration to SINAC. However, if technical and conservation reasons justify it, SINAC may establish use restrictions or even assume administration, with proper technical study and normative basis, even through a decree, following the precedent 2004-08928 of the Constitutional Chamber.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "30/11/2012", "year": "2012", "json_url": "/data/legal/docs/pgr-17396.json", "html_url": "/legal/doc/pgr-17396", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17396&strTipM=T" }, { "id": "pgr-17479", "citation": "C-001-2013", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal Council authority to authorize urban development projects and condominiums", "title_es": "Competencia del Concejo Municipal para autorizar proyectos urbanísticos y condominios", "summary_en": "The Attorney General's Office responds to the Mayor of Garabito regarding which municipal body is competent to approve urban development projects, condominiums, agricultural subdivisions, and constructions over three stories. It examines municipal urban planning functions, the nature of subdivision and urbanization, and the powers of the Municipal Council as the body of greatest democratic representation. It concludes that the Council is responsible for the final decision on these permits, supported by technical reports from the engineering department. The municipal engineer lacks authority to approve or reject such projects; his role is technical advisory. Urban planning obligations, the differences between simple subdivision and complex urbanization, and requirements for condominiums are also analyzed. It reaffirms that the approval of projects involving complex urban development with streets, services, and green areas corresponds to the Municipal Council, not a single official.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "09/01/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17479.json", "html_url": "/legal/doc/pgr-17479", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17479&strTipM=T" }, { "id": "pgr-17545", "citation": "OJ-001-2013", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Fiscal Incentives and Employment in Zones of Lower Relative Development", "title_es": "Incentivos fiscales y empleo en zonas de menor desarrollo relativo", "summary_en": "The General Attorney's Office analyzes bill No. 16.285, which proposes granting fiscal incentives and benefits to small and medium-sized enterprises located in zones of lower relative development to promote employment. The opinion points out that several of the proposed incentives already exist in current legislation, which could lead to duplication. It warns that allowing the taxpayer to unilaterally set the accelerated depreciation period is contrary to the current system, where such determination belongs to the Tax Administration. It also observes that the partial exemption from real estate tax and income tax would require express legal reforms to avoid contradictions. Furthermore, the application of positive administrative silence in proceedings is considered problematic, especially due to the short deadlines and its incompatibility with matters such as environmental law. Finally, the preference in state procurement could violate the principle of equality among bidders. The Attorney General concludes that the bill presents constitutional problems and recommends a comprehensive review.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/01/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17545.json", "html_url": "/legal/doc/pgr-17545", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17545&strTipM=T" }, { "id": "pgr-17565", "citation": "C-040-2013", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "INTA’s Authority for Soil Studies and Land-Use Certifications under LUMCS", "title_es": "Competencia del INTA para estudios de suelos y certificaciones de uso conforme en la LUMCS", "summary_en": "The Attorney General’s Office reconsiders ex officio Opinion C-193-2008 at the request of the Agronomists’ Association. It holds that INTA lacks legal authority to carry out soil studies and issue land-use certifications mandated by Articles 46 and 47 of the Land Use, Management and Conservation Law (LUMCS) for tax incentives, either through its own staff or by hiring external professionals. This function is exclusive to private-practice agronomists or forestry engineers authorized by the Association and accredited before INTA. It further bars MAG/INTA officials from acting as Certifiers due to conflict of interest, and restricts forestry bachelor’s degree holders to certifying only lands for forestry projects. The opinion rests on principles of administrative and tax legality, emphasizing that only liberal professionals may execute these acts required for fiscal benefits.", "primary_topic_id": null, "topic_ids": [ "soil-conservation-7779" ], "date": "12/03/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17565.json", "html_url": "/legal/doc/pgr-17565", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17565&strTipM=T" }, { "id": "pgr-17568", "citation": "C-047-2013", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Permits and profit from outdoor advertising in road rights-of-way", "title_es": "Permisos y lucro en colocación de publicidad exterior en derecho de vía", "summary_en": "The Attorney General's Office (PGR) issues a legal opinion on the legality of granting authorizations to private companies to place informative tourist signs, billboards, and other structures in the right-of-way of the national road network, as well as the possibility of profit, extensions, and jurisdiction over cantonal routes. It concludes that the MOPT may grant temporary concessions and permits in the right-of-way when there is a public interest, and it is feasible to grant licenses to companies engaged in commercial advertising that generate profit, provided they are registered in the License Registry. It indicates that the absence of the original permit from the file should not harm the applicant, and that extensions require individual compliance with requirements. Finally, it clarifies that the Rights-of-Way and Outdoor Advertising Regulation applies only to the national road network, not the cantonal one, which is administered by municipalities.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "26/03/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17568.json", "html_url": "/legal/doc/pgr-17568", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17568&strTipM=T" }, { "id": "pgr-17581", "citation": "OJ-095-2009", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Inability to Issue Opinion on Indemnity Funds for Dockworkers", "title_es": "Imposibilidad de emitir opinión sobre fondos de indemnización a muelleros", "summary_en": "The Office of the Attorney General declines to issue an opinion on the inquiries made by Congressman Rafael Elías Madrigal Brenes regarding the origin, nature, and legal basis of funds offered by the Government as indemnity to dockworkers in Limón and Moín to allow the concession of Caribbean ports. It argues that the questions do not meet the admissibility requirements set forth in the Organic Law of the Attorney General's Office (articles 3 and 4). First, the consultation was not submitted by a head of a public administration body nor accompanied by the corresponding legal opinion. Second, the questions relate to matters of opportunity and convenience, or to the determination of the origin of budgetary funds (a matter for the Comptroller General), rather than abstract legal issues. Furthermore, the consultation refers to a concession project whose characteristics are unknown, precluding a legal opinion. Therefore, the Office confines itself to pointing out procedural obstacles, without addressing the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/10/2009", "year": "2009", "json_url": "/data/legal/docs/pgr-17581.json", "html_url": "/legal/doc/pgr-17581", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17581&strTipM=T" }, { "id": "pgr-17621", "citation": "OJ-025-2013", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Analysis on the Coastal Urban Zones Bill and the Maritime Zone", "title_es": "Análisis sobre proyecto de ley de zonas urbanas litorales y zona marítimo terrestre", "summary_en": "The Attorney General's Office analyzes the bill framework for declaring coastal urban zones. It warns that allowing concessions on the public zone would violate its intangibility, recognized by the Constitutional Chamber. It points out a possible conflict with Article 50 of the Constitution by limiting the determination of environmental damage to SETENA, without providing for other instances or standing to denounce. It observes a discriminatory treatment among occupants of the maritime zone, contrary to Article 33 of the Constitution. It recommends specifying concepts such as urban area and technical feasibility; eliminating the hearing to the Attorney General's Office; regulating minimum occupancy periods and an occupant registry; incorporating a sanctioning regime; and clarifying the relationship with Law 6043. It concludes that the bill has constitutional and legislative technique problems.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "environmental-law-7554" ], "date": "27/05/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17621.json", "html_url": "/legal/doc/pgr-17621", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17621&strTipM=T" }, { "id": "pgr-17623", "citation": "OJ-024-2013", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Regularization of constructions in the restricted maritime zone", "title_es": "Regularización de construcciones en la zona restringida de la zona marítimo terrestre", "summary_en": "The Attorney General's Office analyzes bill No. 18.593, which seeks to regularize existing constructions in the restricted maritime zone, preventing evictions and demolitions. The opinion identifies multiple potential constitutional conflicts, especially with Article 50 (right to a healthy environment) by eliminating administrative sanctions established in Law 6043 for illegal occupations. It points out that the supposed environmental safeguard delegating to SETENA the determination of environmental damage is ineffective, as the agency lacks resources to assess each construction and it is unclear whether it can act on its own motion. It warns that the bill does not exclude constructions in State Natural Heritage sites, mangroves, forests, or water source protection areas. It also questions violations of the principle of legality by allowing concessions without environmental viability or construction permits, and of the right to equality by not limiting the number of concessions for those with multiple illegal constructions. The imprecise definition of 'construction' and the omission of temporal requirements could encourage recent invasions. Finally, it urges the inclusion of provisions guaranteeing access to the public zone and preventing improper transfer of concessions.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "water-law" ], "date": "27/05/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17623.json", "html_url": "/legal/doc/pgr-17623", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17623&strTipM=T" }, { "id": "pgr-17636", "citation": "C-132-2013", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Annulment of construction permit within spring protection area", "title_es": "Anulación de permiso de construcción en área de protección de naciente", "summary_en": "The PGR issues a favorable opinion regarding the ex officio annulment of construction permit PC-302-2012 granted by the Municipality of Desamparados, after verifying that the building lies within the 100-meter radius of a permanent water spring, in violation of Article 33 of the Forestry Law. It reviews the administrative procedure conducted by the municipality under Article 173 of the LGAP, confirming proper processing and compliance with the one-year expiration period. The Attorney General's Office concludes that the defect affecting the permit constitutes an absolute, evident, and manifest nullity, as the illegality is plain from the MINAET technical report and the verifiable location of the works. It stresses that spring protection areas imply implicit restrictions on private property beyond the mere prohibition of logging, barring any construction activity that may affect water resources, in line with the interpretation of the First Chamber.", "primary_topic_id": "water-law", "topic_ids": [ "forestry-law-7575", "water-law" ], "date": "09/07/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17636.json", "html_url": "/legal/doc/pgr-17636", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17636&strTipM=T" }, { "id": "pgr-17700", "citation": "C-157-2013", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Validity of opinion C-298-2008 on municipal economic activities outside jurisdiction", "title_es": "Vigencia del dictamen C-298-2008 sobre actividades económicas municipales fuera de jurisdicción", "summary_en": "The Attorney General's Office reaffirms opinion C-298-2008, which holds that municipalities may only engage in economic activities linked to local interests and services within their own territory. They may operate outside only through inter-municipal agreements. If a municipality operates without a business license in another jurisdiction, the host municipality may order closure, and it is the Mayor who must execute the order as chief administrator. PGR opinions are binding only on the requesting entity and serve as administrative precedent for others.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/08/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17700.json", "html_url": "/legal/doc/pgr-17700", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17700&strTipM=T" }, { "id": "pgr-17704", "citation": "C-170-2013", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal Basis and Responsibility for Coastal and Urban Regulatory Plans", "title_es": "Responsabilidad y fundamento legal de los planes reguladores costeros y urbanos", "summary_en": "The Attorney General's Office responds to the Municipality of Liberia on five questions regarding territorial planning. It determines that municipal governments are responsible for preparing both urban and coastal regulatory plans, based on Article 15 of the Urban Planning Law and the Maritime Zone Law. It details the actors involved: municipalities as competent bodies; the INVU, which approves urban plans; and the ICT, which approves coastal plans in tourist zones and provides guidelines. Both types of plans require a public hearing and environmental viability from SETENA. Regarding State Natural Heritage, it clarifies that privately owned properties legitimately registered in the restricted zone are not part of the State Natural Heritage solely due to forest cover, unless they lie within a protected wildlife area, in which case they must be expropriated or purchased. Finally, it states that such properties may be included in the cantonal regulatory plan but not in the coastal plan, unless the owners voluntarily request it.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "property-and-titling", "environmental-law-7554" ], "date": "26/08/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17704.json", "html_url": "/legal/doc/pgr-17704", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17704&strTipM=T" }, { "id": "pgr-17705", "citation": "OJ-044-2013", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Regulation of graffiti and visual pollution in a legislative bill", "title_es": "Regulación de graffiti y contaminación visual en proyecto de ley", "summary_en": "The Attorney General's Office issues a legal opinion on Bill No. 17.741, aimed at regulating scratchings, sprayings, graffiti, murals, and similar acts on public and private property. It examines the bill's objectives, its connection to visual pollution and landscape protection, and its comprehensive approach combining penalties with alternative measures and artistic promotion. The opinion finds that the bill does not align with emergency discourse or punitive populism, as it does not entirely ban the activity. However, it notes deficiencies: a lack of clear objective parameters for authorizing works and the risk of normative overlap with Article 394 of the Criminal Code. It concludes the bill is novel and potentially effective, but recommends incorporating precise technical requirements—similar to those for billboards—to prevent subjectivity and ensure protection of the urban landscape without stifling artistic expression. It also suggests harmonizing the new law with existing regulations to avoid contradictions.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "09/08/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17705.json", "html_url": "/legal/doc/pgr-17705", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17705&strTipM=T" }, { "id": "pgr-17732", "citation": "OJ-055-2013", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform of subsection b) of Article 46 of the Legislative Assembly Personnel Law", "title_es": "Reforma del inciso b) del artículo 46 de la Ley de Personal de la Asamblea Legislativa", "summary_en": "The Attorney General's Office issues a legal opinion on bill No. 18,600, which reforms subsection b) of Article 46 of the Legislative Assembly Personnel Law. The bill clarifies the procedure for dismissing trusted employees of political factions, requiring only the approval of the responsible deputy and the faction head instead of a formal faction agreement. The Attorney General concludes that the bill raises no constitutional issues, though it suggests a wording improvement. This is a non-binding opinion, and the final decision rests with legislative discretion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/09/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17732.json", "html_url": "/legal/doc/pgr-17732", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17732&strTipM=T" }, { "id": "pgr-17754", "citation": "C-176-2013", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nullity of Environmental Viability for Construction in State Natural Heritage within Gandoca-Manzanillo Refuge", "title_es": "Nulidad de viabilidad ambiental por construcción en Patrimonio Natural del Estado en Refugio Gandoca-Manzanillo", "summary_en": "The Attorney General's Office issues a favorable opinion for declaring the absolute, evident, and manifest nullity of Resolution R-697-2010-SETENA, which granted environmental viability for the construction of two family cabins within the Gandoca-Manzanillo National Wildlife Refuge. It concludes that the project is located in the maritime-terrestrial zone, which is public domain land and thus part of the State Natural Heritage, subject to Article 18 of the Forestry Law, which only permits research, training, and ecotourism activities. Authorizing a private construction violates this prohibition and also Article 39 of the Biodiversity Law, which bars private buildings in protected wild areas. The opinion confirms the nullity is absolute due to the illicit content of the act, and evident and manifest as the location in PNE is proven by the cadastral map, so administrative annulment is appropriate following the procedure of Article 173 of the General Public Administration Law.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "forestry-law-7575", "biodiversity-law-7788" ], "date": "02/09/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17754.json", "html_url": "/legal/doc/pgr-17754", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17754&strTipM=T" }, { "id": "pgr-17756", "citation": "OJ-059-2013", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Jurisdiction over outdoor advertising licenses along public roads", "title_es": "Competencias sobre licencias para publicidad exterior en caminos públicos", "summary_en": "The Attorney General's Office clarifies the division of powers between the Ministry of Public Works and Transport (MOPT) and municipalities regarding outdoor advertising permits on lands adjacent to public roads. Under the General Roads Law, MOPT holds authority over advertising within a 200-meter strip along national roads, without diminishing municipal authority over cantonal roads. The Constitutional Chamber has interpreted that the Right-of-Way and Outdoor Advertising Regulation applies only to national roads; thus, municipalities retain authority over cantonal roads. Furthermore, when national roads cross urban centers, MOPT must coordinate with the respective municipality and adhere to the local regulatory plan, pursuant to the principle of administrative coordination. The opinion emphasizes that municipal autonomy is not infringed, as constitutional powers of each entity are respected.", "primary_topic_id": null, "topic_ids": [], "date": "16/09/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17756.json", "html_url": "/legal/doc/pgr-17756", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17756&strTipM=T" }, { "id": "pgr-17757", "citation": "OJ-066-2013", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Validity of land titling in the southern border strip", "title_es": "Validez de la titulación de predios en la franja fronteriza sur", "summary_en": "Opinion OJ-066-2013 addresses the legal validity of titling lands in peasant settlements within the southern border strip with Panama. The Attorney General's Office reaffirms the criteria of opinion C-146-2008, determining that this two-kilometer-wide strip is a public domain asset of the State, inalienable, imprescriptible, and not subject to denouncement under the Land and Colonization Law (Law 2825, Art. 7(f)) and historical regulations. Consequently, titles issued by the Agrarian Development Institute (now Rural Development Institute) over these lands are absolutely null and void due to absolute lack of competence, illegal and impossible content, and lack of cause. Exceptions apply to lands with legitimate private ownership titles consolidated before the declaration of inalienability. The opinion emphasizes that the IDA lacks legal authority to grant supplementary titles through administrative possessory proceedings, especially after the unconstitutionality rulings of related norms.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "24/09/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17757.json", "html_url": "/legal/doc/pgr-17757", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17757&strTipM=T" }, { "id": "pgr-17795", "citation": "OJ-077-2013", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Analysis of the Integrated Water Resource Management Bill", "title_es": "Análisis del proyecto de Ley para la gestión integrada del recurso hídrico", "summary_en": "The Attorney General's Office examines Bill 17.742, which proposes a modern framework for integrated water management, recognizing access to water as a fundamental human right. While positively assessing the initiative, it identifies multiple shortcomings that must be addressed to avoid constitutionality issues, regulatory gaps, and jurisdictional conflicts. Critical points include: the total repeal of the 1942 Water Law without transferring all existing protections (such as the beach regime and public domain reserves); the potential unconstitutionality of protection areas requiring an executive decree and the reduction of setbacks in artificial reservoirs; inaccuracies in defining public domain assets and procedures for easements and sanctions; and excessive referral to future regulations, which would create legal uncertainty during the transition. It recommends a thorough analysis of all legislation that would be repealed and adjustments in legislative drafting to ensure effective protection of water resources.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "29/10/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17795.json", "html_url": "/legal/doc/pgr-17795", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17795&strTipM=T" }, { "id": "pgr-17798", "citation": "C-215-2013", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Obligation to register agrochemicals destined for export", "title_es": "Obligación de registrar agroquímicos destinados a la exportación", "summary_en": "The Attorney General's Office ruled that the State Phytosanitary Service (SFE) must require the registration of all agrochemical products (pesticides and fertilizers) intended for export, in accordance with Articles 23 and 24 of the Phytosanitary Protection Law. The opinion rejects the interpretation that only products for local use require registration, noting that manufacturing, storage, transport, and handling of these substances pose risks to health and the environment, making state control mandatory. It also grounds the obligation in the Rotterdam Convention and the International Code of Conduct on Pesticide Distribution and Use, which require registration and control of exports to protect human health and the environment globally. The SFE has a duty to take all necessary measures to comply with these registrations, in line with the prevention principle and Costa Rica's international commitments.", "primary_topic_id": null, "topic_ids": [], "date": "10/10/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17798.json", "html_url": "/legal/doc/pgr-17798", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17798&strTipM=T" }, { "id": "pgr-17854", "citation": "C-285-2013", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Annulment of environmental viability and expiration of review power", "title_es": "Nulidad de viabilidad ambiental y caducidad de la potestad revisora", "summary_en": "The Attorney General's Office analyzes a request for an opinion on the absolute, evident, and manifest nullity of the environmental viability granted to Puket S.A. for a guardhouse in the Gandoca-Manzanillo National Wildlife Refuge. It concludes that although viability is a preparatory act without its own effects, the procedure under Articles 173 et seq. of the LGAP must be followed due to a binding precedent of the Constitutional Court. However, it rules that the power of ex officio review has expired because the one-year term of Article 173.4 LGAP elapsed on January 22, 2012, before the final report was issued and the opinion requested. As the land is not part of the State's Natural Heritage, the exception for continued effects does not apply, since the viability was valid for two years and no extensions appear in the record.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "05/12/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17854.json", "html_url": "/legal/doc/pgr-17854", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17854&strTipM=T" }, { "id": "pgr-17903", "citation": "OJ-102-2013", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Financing for Ruta 32 expansion project", "title_es": "Financiamiento a proyecto de ampliación de Ruta 32", "summary_en": "The Attorney General's Office (PGR) responds to a legislative inquiry regarding a bill to approve a loan from the People's Republic of China, intended to finance the design, rehabilitation, and expansion of National Route No. 32, section Cruce Ruta 4-Limón. The PGR concludes that the bill does not suffer from constitutional defects, remaining within the reasonableness limits typical of an international loan contract. It analyzes the legal nature of the credit agreements, which are not international treaties but administrative contracts requiring legislative approval. The opinion addresses the waiver of sovereign immunity and the arbitration clause before CIETAC in Beijing, considering them accepted international practices, but recommends clarifying the exclusion of public domain assets from enforcement. It also recommends reinforcing transparency and publicity for the project, in response to ethical questions about the contractor CHEC, and suggests adjustments regarding deadlines, environmental viability, and the Comptroller's endorsement.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/12/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17903.json", "html_url": "/legal/doc/pgr-17903", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17903&strTipM=T" }, { "id": "pgr-17904", "citation": "C-308-2013", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Applicable Law for Land Use Certificates and Construction Permits Without a Regulatory Plan in Zarcero", "title_es": "Normativa aplicable para certificados de uso del suelo y permisos de construcción en ausencia de plan regulador en Zarcero", "summary_en": "The Municipality of Zarcero requested an opinion from the Attorney General's Office on which regulations govern the issuance of land-use certificates and construction permits when no regulatory plan exists, how to proceed in the Zarcero 08-CR geological fault, whether property can be restricted based on external reports, the scope of Decree 32967-MINAET, and the liability of officials applying non-existent rules. The PGR clarifies that even without a regulatory plan, municipalities must observe existing urban planning and environmental laws, such as the Urban Planning Law, the Construction Law, the Subdivisions Regulation, the Forestry Law, and the Seismic Code. It emphasizes that land-use certificates and construction permits are declaratory and regulated acts, leaving no room for discretion. In risk zones, the National Emergency Commission is the competent authority to issue binding technical criteria; university theses or reports from non-competent bodies cannot ground property restrictions. Decree 32967-MINAET mandates incorporating the environmental variable and imposes specific restrictions on active geological faults. Finally, officials who violate the principle of legality may face civil, administrative, disciplinary, and criminal liability.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "19/12/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-17904.json", "html_url": "/legal/doc/pgr-17904", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17904&strTipM=T" }, { "id": "pgr-17921", "citation": "C-019-2014", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal approval of survey plans over properties that include maritime-terrestrial zone land", "title_es": "Visado municipal de planos sobre terrenos que incorporan zona marítimo terrestre", "summary_en": "The Attorney General's Office responds to the inquiry of the Mayor of Liberia regarding the possibility of granting municipal approval (visado municipal) of survey plans for a private property that includes maritime-terrestrial zone land. The opinion focuses on municipal authority over urban planning control and plan review. It concludes that if a property is registered with the Public Registry and its records contain no marginal warnings or immobilizations questioning the title's validity, the municipality must approve the plan if it complies with applicable urban planning regulations, including conformity with the original cadastral plan. However, due to the public domain nature of the maritime-terrestrial zone and the absolute prohibition against private appropriation, the municipality must issue a written warning to the applicant about the legal risks stemming from the possible illegality of the registration, stating that authorized works are undertaken at the applicant's own risk and subject to any future judicial nullity proceedings. The opinion reiterates that mere registry inscription does not cure absolute nullity defects, and the State retains the right to judicially challenge the title.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "subdivision-fraccionamiento" ], "date": "17/01/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-17921.json", "html_url": "/legal/doc/pgr-17921", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17921&strTipM=T" }, { "id": "pgr-17960", "citation": "OJ-012-2014", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on the approval of the Nagoya Protocol", "title_es": "Opinión sobre la aprobación del Protocolo de Nagoya", "summary_en": "The Attorney General's Office analyzes the bill to ratify the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. It reviews the protocol's content, highlighting its objectives, scope, relationship with other international agreements, and key provisions such as prior informed consent of indigenous and local communities, the national focal point, and the prohibition of reservations. It links the protocol to Article 50 of the Constitution and Constitutional Court case law, especially the principle of democratic sustainable development. It concludes that the bill has no constitutional flaws and represents an important regulatory development complementary to the Biodiversity Law and the Convention on Biological Diversity.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "30/01/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-17960.json", "html_url": "/legal/doc/pgr-17960", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17960&strTipM=T" }, { "id": "pgr-17966", "citation": "C-018-2014", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Reconsideration inadmissible due to pending litigation on removal of INFOCOOP representatives", "title_es": "Reconsideración inadmisible por litigio pendiente sobre remoción de representantes del INFOCOOP", "summary_en": "The Office of the Attorney General of Costa Rica declares inadmissible the request for reconsideration of opinion C-230-2013 filed by the National Cooperative Council (CONACOOP). CONACOOP sought reconsideration of the opinion that limited its authority to remove representatives of the cooperative sector from the INFOCOOP Board of Directors, and sought recognition of its power to dismiss them and appoint precautionary substitutes. However, the Attorney General's Office verifies that the same matter is already being litigated in court, where CONACOOP filed an interim measure seeking to suspend the effectiveness of said opinion and announced a full proceeding to annul it. Based on its consistent precedent, the Attorney General's Office refrains from ruling on matters under judicial discussion, in order to avoid interference with the judicial function and to respect normative hierarchy. It concludes that CONACOOP must abide by the final decision of the Contentious-Administrative Court.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/01/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-17966.json", "html_url": "/legal/doc/pgr-17966", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=17966&strTipM=T" }, { "id": "pgr-18084", "citation": "C-293-2013", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Request to annul environmental viability for collection center in Tivives Protective Zone", "title_es": "Solicitud de nulidad de viabilidad ambiental de centro de acopio en Zona Protectora Tivives", "summary_en": "This opinion examines whether the environmental viability granted by SETENA for the El Patojo Collection Center project, located within the Tivives Protective Zone, should be declared absolutely null and void. The administration argued the project was on National Natural Heritage (PNE) lands, contravening Article 18 of the Forestry Law, which only permits research, training, and ecotourism. The Attorney General's Office found that although the Protective Zone is a protected wild area, it allows private property. The land is privately owned and not part of the PNE. The technical report supporting the annulment did not prove the property was among those illegally allocated after 1986. Therefore, the viability does not suffer from the alleged defect, and the PGR denies a favorable opinion for annulment, confirming SETENA's action was lawful.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "property-and-titling" ], "date": "10/12/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-18084.json", "html_url": "/legal/doc/pgr-18084", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18084&strTipM=T" }, { "id": "pgr-18092", "citation": "C-121-2014", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on Law 7633 and liquor sale hours", "title_es": "Inadmisibilidad de consulta sobre Ley 7633 y horarios de venta de licor", "summary_en": "The Attorney General's Office declines to issue an opinion on the application of the Law Regulating Operating Hours for Alcoholic Beverage Establishments (No. 7633) due to failure to meet admissibility requirements. The inquiry was not submitted by the administrative head (Mayor or Municipal Council) but by the Coordinator of the Services Platform of the Municipality of Golfito, and the opinion of the respective legal advisory was not attached. Additionally, the request was not formally addressed to the Attorney General's Office. However, it is noted that opinion C-105-2014 had already addressed the tacit repeal of several articles of Law 7633 by Law No. 9047.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/04/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18092.json", "html_url": "/legal/doc/pgr-18092", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18092&strTipM=T" }, { "id": "pgr-18145", "citation": "C-136-2014", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on CCSS collection notices for FODESAF debts", "title_es": "Improcedencia de consulta sobre avisos de cobro de la CCSS por deudas de FODESAF", "summary_en": "The Office of the Attorney General declares inadmissible the consultation submitted by the Vice Minister of Expenditures of the Ministry of Finance, regarding whether it is legally appropriate to respond to collection notices from the Costa Rican Social Security Fund (CCSS) for debts of the Social Development and Family Allowances Fund (FODESAF) arising from the failure to budget resources with a specific destination. The consultation also asked whether accounting entries should be created to record such debts. The Attorney General's Office bases its decision on the fact that the matter consulted is the subject of an ongoing administrative litigation proceeding (case no. 13-2379-1027-CA, State vs. CCSS), in which the obligation of the Budgetary Legislator to include the full 20% of the general sales tax earmarked for FODESAF is being debated. In accordance with its established case law, the Attorney General's Office refrains from issuing opinions on matters that are being litigated in court, in order to avoid interference with the judicial function and to respect the hierarchy of norms.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18145.json", "html_url": "/legal/doc/pgr-18145", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18145&strTipM=T" }, { "id": "pgr-18151", "citation": "C-066-2014", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Expiration of the Power to Annul a Commercial License", "title_es": "Caducidad de la potestad de anulación de patente comercial", "summary_en": "The Attorney General's Office addressed a request for a mandatory legal opinion to declare the absolute, evident, and manifest nullity of a municipal agreement that approved the transfer of a commercial license in 2007. It concluded that it cannot issue the required favorable opinion, because the four-year expiration period applicable to acts finalized before January 1, 2008, had already lapsed even before the administrative proceeding was initiated. The opinion reaffirms the consolidated position that the reform of Article 173 of the General Law of Public Administration does not apply retroactively and that pre-2008 acts remain subject to the original four-year deadline.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "04/03/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18151.json", "html_url": "/legal/doc/pgr-18151", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18151&strTipM=T" }, { "id": "pgr-18197", "citation": "C-121-2013", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Use of Law 6746 Funds by Education Boards", "title_es": "Uso de fondos de la Ley 6746 por Juntas de Educación", "summary_en": "The Office of the Attorney General declines its advisory jurisdiction regarding the consultation on how Education Boards and Administrative Boards should use funds from Law 6746. The request has multiple admissibility issues: it was not submitted by the corresponding administrative superior, it lacks the opinion of the internal legal advisor, and the matter concerns a specific case (the San José-Centro Education Board) rather than posing a generic legal question. Furthermore, the Office determines that the use of public funds falls under the exclusive and prevailing competence of the Comptroller General of the Republic, given its constitutional and legal oversight and control functions over the Public Treasury. Therefore, it refrains from issuing a substantive opinion and refers the petitioner to that oversight body.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/07/2013", "year": "2013", "json_url": "/data/legal/docs/pgr-18197.json", "html_url": "/legal/doc/pgr-18197", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18197&strTipM=T" }, { "id": "pgr-18230", "citation": "C-219-2014", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Comptroller General's jurisdiction over administration and contracting of the Paseo Marítimo Caldera", "title_es": "Competencia de la Contraloría General sobre administración y contratación del Paseo Marítimo Caldera", "summary_en": "The Attorney General's Office (PGR) declines jurisdiction to issue an opinion on the query submitted by the Municipality of Esparza regarding the administration and possible profit-making in the operation of the Paseo Marítimo Caldera. The query sought to determine whether the municipality could administer the project, whether a mixed-enterprise model could be used, and whether the administration must be limited to cost recovery or could involve profit. The PGR determines that the project was carried out by the Costa Rican Institute of Pacific Ports (INCOP), and issues of public property administration and public contracting fall within the exclusive and overriding jurisdiction of the Comptroller General's Office (CGR), under Articles 183 and 184 of the Constitution and its organic law. Consequently, the PGR refrains from opining and remits the matter to the CGR.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/07/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18230.json", "html_url": "/legal/doc/pgr-18230", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18230&strTipM=T" }, { "id": "pgr-18231", "citation": "C-221-2014", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal Council Authority to Approve Subdivisions, Condominiums, and Construction Permits", "title_es": "Competencia del Concejo Municipal para aprobar urbanizaciones, condominios y licencias de construcción", "summary_en": "The Attorney General's Office reviews the continuing validity of Opinion C-235-1999 and determines municipal authority for approving urban development projects. It concludes that the Municipal Council is the competent body to authorize or deny the construction of subdivisions, condominiums, and any other building works when the law does not expressly assign that authority to another body. This authority is based on the Council's role as the supreme democratic and pluralistic representative body, to which residual local government powers correspond. The decision must be based on technical reports and recommendations from the municipal engineer and other specialized departments, which act as advisory bodies. The opinion examines the various stages of the urban planning procedure and clarifies that plan approval and acceptance of public works also require a Council agreement, while the segregation visa is a regulated act that may be issued directly by the municipal engineer.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "18/07/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18231.json", "html_url": "/legal/doc/pgr-18231", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18231&strTipM=T" }, { "id": "pgr-18306", "citation": "OJ-058-2014", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on the Integrated Water Resource Management Bill", "title_es": "Opinión sobre proyecto de Ley para la Gestión Integrada del Recurso Hídrico", "summary_en": "The Attorney General's Office analyzes the bill 'Integrated Water Resource Management Law' (file No. 17742). It acknowledges the human right to water and sanitation, integrated management, and the principle of environmental non-regression. It points out contradictions in definitions of marine waters and territorial sea with respect to the Convention on the Law of the Sea. It notes ambiguity in the leadership of the water sector and the legal nature of the Hydrological Unit Councils. It recommends incorporating the public domain reservation of Article 72 of the Water Law. It warns about the reduction of spring protection areas and the lack of provision for flat terrain. It questions the breadth of Transitory Provision XI due to potential constitutional issues in public domain occupations. In conclusion, it finds no constitutional flaws preventing approval but suggests legislative technique adjustments.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "03/06/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18306.json", "html_url": "/legal/doc/pgr-18306", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18306&strTipM=T" }, { "id": "pgr-18310", "citation": "OJ-065-2014", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Port concession and lis pendens", "title_es": "Concesión portuaria y litispendencia", "summary_en": "The legislative inquiry asked which state entity is competent to grant a concession over a maritime area for the construction of a port, referencing the Moín Container Terminal contract awarded to APM Terminals. The Attorney General's Office determined that the query is inadmissible because its subject matter overlaps with the issues being litigated in administrative contentious proceeding No. 11-1347-1027-CA, which is still pending cassation appeal before the First Chamber of the Supreme Court. Following its well-established practice, the Attorney General abstains from opining on matters under judicial review to avoid interference with the jurisdictional function and to respect normative hierarchy.", "primary_topic_id": null, "topic_ids": [], "date": "25/06/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18310.json", "html_url": "/legal/doc/pgr-18310", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18310&strTipM=T" }, { "id": "pgr-18358", "citation": "C-064-2010", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of opinion on specific employment settlement case", "title_es": "Improcedencia de dictamen sobre caso concreto de liquidación laboral", "summary_en": "The Attorney General's Office declines to issue an opinion on the settlement of a former municipal auditor, finding that the query from the Municipality of Alajuelita concerns a specific case rather than a generic legal question. The opinion reiterates the institutional doctrine that the consultative function is limited to the abstract analysis of norms and principles, and that the Attorney General's Office cannot substitute the active administration in resolving particular situations. The query expressly identifies the official and the specific conditions of his service relationship, making it a request for the Office to determine how the municipality should proceed in that case. Consequently, the request is rejected, without prejudice to the underlying question being reframed in generic terms.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/04/2010", "year": "2010", "json_url": "/data/legal/docs/pgr-18358.json", "html_url": "/legal/doc/pgr-18358", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18358&strTipM=T" }, { "id": "pgr-18370", "citation": "OJ-113-2014", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Disaffection of the Border Zone with Panama", "title_es": "Desafectación de la zona fronteriza con Panamá", "summary_en": "The Attorney General's Office analyzes Bill 16657 regarding the disaffection and titling of lands in the border strip with Panama. It identifies constitutional issues, such as a potential violation of the principles of reasonableness and proportionality because disaffection depends on a municipal survey conducted after the law's approval. It warns that the initiative could lead to the State renouncing its strategic presence in the zone, including immigration, police, environmental, and health controls. It recommends maintaining public domain over the 200 meters adjacent to the border, as well as excluding protected areas, indigenous territories, and the State's Natural Heritage. It questions procedural aspects such as the lack of judicial recognition, possible evasion of the transfer ban through assignment of litigious rights, and the need for clear environmental certifications from MINAE and AyA. It suggests that the legislature correct these defects to avoid future legal conflicts and protect public domain assets.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "forestry-law-7575", "environmental-law-7554" ], "date": "22/09/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18370.json", "html_url": "/legal/doc/pgr-18370", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18370&strTipM=T" }, { "id": "pgr-18431", "citation": "C-333-2014", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Uniqueness of the municipal approval for subdivisions", "title_es": "Unicidad del visado municipal en fraccionamientos", "summary_en": "The Attorney General's Office answers an inquiry from the Mayor of Heredia regarding whether there are two types of municipal approvals: one for cadastral purposes (under articles 79 and 81 of the Regulation to the National Cadastre Law) and another for registration purposes (under articles 33 and 34 of the Urban Planning Law). The opinion concludes that there are NOT two distinct approvals, but a single municipal approval required for any land subdivision, regardless of whether the process goes through the National Cadastre or directly to the Property Registry. Articles 79 and 81 of the Regulation merely reiterate the requirement of prior municipal approval before recording plans, in harmony with the Urban Planning Law, and the cadastral plan for subdivisions only serves for its subsequent registration. It relies on case law from the Constitutional Chamber and the Administrative Court, which confirm the uniqueness and importance of the approval as an integral urban control mechanism, and reject the creation of approval categories not provided for by law.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "14/10/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18431.json", "html_url": "/legal/doc/pgr-18431", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18431&strTipM=T" }, { "id": "pgr-18432", "citation": "C-317-2014", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Whether ESPH must obtain building permits and comply with regulatory plans for potable water works", "title_es": "Si la ESPH debe obtener permisos de construcción y sujetarse a los planes reguladores para obras de agua potable", "summary_en": "The Attorney General's Office examines whether the Heredia Public Services Company (ESPH) must obtain municipal building permits and comply with regulatory plans for potable water supply infrastructure. It concludes that although ESPH as a private-law public company is not exempt from building permits under Article 75 of the Construction Law, works on public roads and public service areas necessary for potable water supply are authorized by Article 9 of its transformation law, so they do not require a municipal license, although coordination with the municipality is required. Regarding regulatory plans, ESPH must comply with them, unless they prevent the provision of the essential potable water service. In that case, the national public interest in water access prevails over local regulations, justifying their exceptional non-application.", "primary_topic_id": null, "topic_ids": [], "date": "03/10/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18432.json", "html_url": "/legal/doc/pgr-18432", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18432&strTipM=T" }, { "id": "pgr-18458", "citation": "OJ-149-2014", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Geothermal Energy Exploitation in Protected Areas", "title_es": "Aprovechamiento de energía geotérmica en áreas protegidas", "summary_en": "The Attorney General's Office analyzes the bill that would authorize ICE to research, explore, and commercially exploit geothermal resources in protected wilderness areas. It concludes that the initiative presents potential constitutional conflicts by eliminating the environmental impact assessment in stages prior to exploitation and allowing disaffection and boundary modification of such areas by executive decree rather than by specific law supported by technical studies. It warns that commercial exploitation contravenes the Convention on Flora, Fauna, and Scenic Beauties. It recommends amending the text to require prior EIA even during research and exploration, and to reserve disaffection to the Legislative Assembly through a technically justified law. Final approval is a matter of legislative policy.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "04/11/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18458.json", "html_url": "/legal/doc/pgr-18458", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18458&strTipM=T" }, { "id": "pgr-18660", "citation": "C-480-2014", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Official status of Plan 14154 and delimitation of the inalienable zone of Law 65 of 1888", "title_es": "Oficialidad del plano 14154 y delimitación de la zona inalienable de la Ley 65 de 1888", "summary_en": "The PGR examines whether Plan 14154 in the National Archive is official, whether it correctly locates Cerro Concordia, whether the authority under Article 2 of Law 65 of 1888 has been exhausted, and the status of registered properties. It concludes that the two-kilometer inalienable zone on each side of the summit of the Barva Volcano mountain range, between Cerro Zurquí and Cerro Concordia (Guararí), was surveyed and its southern parallel staked by engineer Manuel Benavides in 1903 based on the plan by Moisés Rodríguez, which was delivered to the Public Works Directorate and officially used. The location of Cerro Concordia is ascertainable; the authority under Article 2 has not been exhausted, as that provision refers to a scientific commission to increase or decrease the zone, but modifying the boundaries would require legislation. Properties registered before Law 65 of 1888 with legitimate ten-year possession may be recognized; those registered afterwards within the zone do not generate rights.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "19/12/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18660.json", "html_url": "/legal/doc/pgr-18660", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18660&strTipM=T" }, { "id": "pgr-18664", "citation": "C-365-2014", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Application of Article 21 Law 6043 in the Public Zone of the Papagayo Tourism Hub", "title_es": "Aplicación del artículo 21 Ley 6043 en zona pública del Polo Turístico Golfo de Papagayo", "summary_en": "The Attorney General's Office analyzes whether the Municipalities of Liberia and Carrillo must authorize developments in the public zone of the Papagayo Tourist Hub under Article 21 of Law 6043, which exceptionally allows private use of the public zone when natural conditions prevent common use. It concludes that this article applies to the Papagayo Project by normative reference, that municipal authorization is a validity requirement prior to the concession, jointly with that of the ICT, and that both must be express, reasoned, and aimed at protecting the environment and public access.", "primary_topic_id": null, "topic_ids": [], "date": "31/10/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18664.json", "html_url": "/legal/doc/pgr-18664", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18664&strTipM=T" }, { "id": "pgr-18692", "citation": "C-020-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Consultation on Labor Regime of Vice Ministry of Telecommunications Inadmissible Due to Pending Judicial Proceeding", "title_es": "Inadmisibilidad de consulta sobre régimen laboral del Viceministerio de Telecomunicaciones por existir proceso judicial", "summary_en": "The Attorney General's Office declares inadmissible the consultation submitted by the Ministry of Science, Technology and Telecommunications (MICITT) regarding the legal labor regime applicable to officials of the Vice Ministry of Telecommunications. The consultation concerned whether these officials are governed by the SUTEL regime under Article 39 of Law 8660 and the validity of Executive Decree 35458-MINAET. The PGR bases the inadmissibility on the fact that the consulted issues — salary differences, vacation regime, working hours, and applicable regulations — are being litigated in active judicial labor proceedings before the Labor Court of Heredia (case files 13-000509-0505-LA-3 and 13-000508-0505-LA-3). Consistent with its settled policy, the PGR abstains from issuing opinions on matters pending judicial resolution to avoid interference with the judicial function and to respect normative hierarchy. Therefore, the consultation is rejected, and the matter must await the courts' decision.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/02/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18692.json", "html_url": "/legal/doc/pgr-18692", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18692&strTipM=T" }, { "id": "pgr-18695", "citation": "C-026-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Construction of dressing rooms on Isla Venado under maritime-terrestrial zone regime", "title_es": "Construcción de camerinos en Isla Venado bajo régimen de zona marítimo terrestre", "summary_en": "The District Municipal Council of Lepanto asked the Attorney General's Office for an opinion on the feasibility of building dressing rooms in Plaza La Florida, Isla Venado, at the request of the Integral Development Association of Isla Venado. The Attorney General declares the consultation inadmissible because it concerns a specific pending case, breaching Article 5 of its Organic Law, which forbids advising on matters under another administrative body's jurisdiction. Nonetheless, exercising its function of legal oversight on the correct application of the Maritime-Terrestrial Zone Law (Law 6043), it provides extensive administrative jurisprudence. It emphasizes that maritime islands are public domain assets, inalienable and imprescriptible, forming part of the maritime-terrestrial zone. For permanent constructions on islands, an approved regulatory plan, municipal concession, and legislative approval under Article 42 of Law 6043 are required. Use permits, being precarious and exceptional, apply only to simple removable structures and can never replace a concession. This opinion guides the Council on these requirements to resolve the specific case.", "primary_topic_id": null, "topic_ids": [], "date": "17/02/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18695.json", "html_url": "/legal/doc/pgr-18695", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18695&strTipM=T" }, { "id": "pgr-18699", "citation": "C-029-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Lot segregation within a development does not modify the Official Map and requires municipal and INVU approval", "title_es": "Segregación de lotes en urbanización no modifica el Mapa Oficial y requiere visado municipal e INVU", "summary_en": "This opinion addresses two questions from the Municipality of San Isidro de Heredia. First, whether segregating a lot within a development project modifies the Official Map. It concludes it does not, since the Official Map defines public domain areas, uses, and community services, while private lot segregation only affects lot distribution and area, without altering designated uses. The segregation must respect zoning, regulatory plans, and the overall development plan. Second, whether such segregation requires INVU involvement. It determines it does, as the Cadastral Law Regulation (Decree 34331) requires INVU and municipal approval for development plans. Any variation in the general plan requires a new approval. The opinion stresses that the approval (visado) is a regulated act authorizing segregation but does not grant use rights contrary to current zoning. It also underscores municipalities' duty to ensure a healthy and ecologically balanced environment in urban planning.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "19/02/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18699.json", "html_url": "/legal/doc/pgr-18699", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18699&strTipM=T" }, { "id": "pgr-18715", "citation": "C-043-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nullity of quarry concession for lack of registered ownership", "title_es": "Nulidad de concesión de cantera por falta de propiedad registral", "summary_en": "The Attorney General’s Office analyzes whether resolution R-577-2013-MINAE, which granted a quarry exploitation concession to Eco Proyecciones del Nuevo Milenio S.A., can be declared null through administrative channels as an absolute, evident, and manifest nullity. The request is based on the company’s failure to prove registered ownership of the property or the owner’s permission, allegedly violating the Mining Code and its regulations. The PGR examines Articles 40, 76, and 77 of the Mining Code, as well as Article 9 of the regulation, and concludes that the norms do not require ownership of the property, only guarantee of industrial use and respect for the owner’s priority right. Moreover, the requirement to provide the owner’s name is qualified by the phrase “if possible,” introducing ambiguity that prevents the possible infraction from being considered gross and patent. Since it requires case-by-case interpretation and dialectical effort, the qualified nullity for exceptional administrative annulment is not met. The PGR cannot issue a favorable opinion, without prejudging other potential nullities or defects, and recommends considering the judicial lesividad route if deemed appropriate.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "03/03/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18715.json", "html_url": "/legal/doc/pgr-18715", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18715&strTipM=T" }, { "id": "pgr-18720", "citation": "OJ-003-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Chainsaw and Portable Sawmill Registry to Prevent Illegal Logging", "title_es": "Registro de motosierras y aserraderos móviles para prevenir tala ilegal", "summary_en": "The Attorney General's Office reviews bill No. 18,031, which proposes adding Article 55 bis to the Forestry Law to regulate possession of chainsaws and portable sawmills. The bill would create a mandatory registry with MINAE or the State Forestry Administration to control tools used in illegal logging. The PGR finds the measure not unreasonable, since these tools amplify the impact on forest resources. However, it identifies numerous technical and legal deficiencies: ambiguous terms like 'legal status' and 'grounds for seizure', failure to specify who must first register the tools, lack of defined procedures, requirements, and validity periods, and potential unconstitutionality for criminalizing mere possession of tools with lawful uses. The opinion recommends that MINAE create a comprehensive registry of all chainsaws and portable sawmills, including transfers, and that the registration number be linked to forest harvesting permits. It warns that the seizure provided is an administrative measure, not criminal, and that registration alone will not prevent illegal logging.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "29/01/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18720.json", "html_url": "/legal/doc/pgr-18720", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18720&strTipM=T" }, { "id": "pgr-18722", "citation": "OJ-010-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Need for cost-benefit analysis before creating individual watershed commissions", "title_es": "Necesidad de análisis costo-beneficio antes de crear comisiones de cuenca individuales", "summary_en": "The Attorney General's Office, at the request of the Legislative Assembly's Special Permanent Environment Commission, analyzes the bill for the Parrita River Basin Management and Planning Law (file 18695). The bill aims to create the Commission for Parrita River Basin Management and Planning (COMPARRITA), attached to MINAE, to plan and manage the basin's water resources. The PGR warns that another similar bill (file 18760) is already being processed, proposing a different commission for the same basin, which would create regulatory duplication. It recommends a cost-benefit analysis to determine whether a new administrative body is necessary or if existing entities, such as the Water Directorate, can assume the functions. It notes that legislative technique requires weighing whether the bill addresses a real need and whether alternatives exist. It suggests that instead of individual basin laws, a comprehensive legal framework for the country's 34 basins should be considered, aligned with the proposed Integrated Water Resources Management Law. It also notes imprecisions in the basin's delimitation, the legal nature of the management plan, and the commission's effective date.", "primary_topic_id": null, "topic_ids": [], "date": "09/02/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18722.json", "html_url": "/legal/doc/pgr-18722", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18722&strTipM=T" }, { "id": "pgr-18729", "citation": "OJ-020-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Criminal legality of understory clearing and timber transport without proof of origin", "title_es": "Legalidad penal de la socola y transporte de madera sin acreditar origen", "summary_en": "Legal Opinion OJ-020-2015, issued by the Attorney General's Office at the request of the Legislative Assembly, examines bill 17.969 proposing reforms to Articles 56 and 61 and the addition of 57 bis to the Forestry Law No. 7575. The Attorney General's Office supports eliminating from Article 56 the requirement to prove wood originates from a forest or plantation in illegal trafficking offenses, as it leads to impunity. However, it advises against direct criminal liability of legal entities under the proposed Article 57 bis, since it contravenes the principle of personal liability in Criminal Law and raises constitutionality concerns by imposing a fixed fine compared to imprisonment for natural persons. It views positively the criminalization of understory clearing (socola) under Article 61, though it suggests precisely defining 'forest products' and 'socola' in the law itself to avoid legality issues and warns of a possible overlap with the offense of invading protected areas. Finally, it recommends keeping the current wording on seizure of forest products to cover the three already established offenses.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "forestry-law-7575", "criminal-environmental" ], "date": "05/03/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18729.json", "html_url": "/legal/doc/pgr-18729", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18729&strTipM=T" }, { "id": "pgr-18816", "citation": "C-097-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Use permit for school construction in the maritime-terrestrial zone", "title_es": "Permiso de uso para construcción escolar en zona marítimo terrestre", "summary_en": "The Attorney General’s Office finds the consultation inadmissible because it concerns a specific case, but reviews prior criteria on the use of the maritime-terrestrial zone. It indicates that the public zone is designated for common use and does not permit exclusive rights with permanent buildings. Precarious use permits in the restricted zone do not allow permanent constructions and are not applicable to public-law entities such as School Boards, nor through lease agreements. Educational infrastructure must be planned through coastal regulatory plans, reserving areas for social services, and the corresponding concessions are exempt from fees. Law 9242 allows retaining existing buildings in the restricted zone under certain conditions and prohibits new ones without a concession aligned with the coastal regulatory plan.", "primary_topic_id": null, "topic_ids": [], "date": "23/04/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18816.json", "html_url": "/legal/doc/pgr-18816", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18816&strTipM=T" }, { "id": "pgr-18852", "citation": "OJ-178-2014", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Maintaining environmental participation and publicity in highway trust project", "title_es": "Mantener participación y publicidad ambiental en proyecto de fideicomiso vial", "summary_en": "The Attorney General's Office issues a non-binding opinion on the bill 'Public Works Development Law, San José-Cartago Highway Corridor through a trust.' Among its observations, it highlights the need for the trust contract to be subject to the Comptroller General's approval due to public funds; clarification on the investment of pension fund resources; express authorization for CONAVI to transfer toll collection rights; determination of the effects of tariff consultation with ARESEP; warning about the principle of specialty of public insurers as trustees; the inadmissibility of granting expropriation power to the trustee; and consideration of ICE's competence to sell construction services. Specifically in environmental matters, it recommends that the application of Articles 22 and 23 of the Environmental Law regarding citizen participation, publicity, and transparency in environmental impact assessment be maintained, as the proposed deadlines are too short and the trust seeks to be exempt from paying SETENA fees and from the publication required by those provisions.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "10/12/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18852.json", "html_url": "/legal/doc/pgr-18852", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18852&strTipM=T" }, { "id": "pgr-18859", "citation": "OJ-056-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Protection of welfare in the Maritime Zone and environmental guarantees on State Natural Heritage", "title_es": "Protección del bienestar en la ZMT y garantías ambientales sobre el PNE", "summary_en": "The Attorney General’s Office analyzes legislative bill 19.444, which proposes reforms to the Maritime Zone Law and Forestry Law to allow concessions in State Natural Heritage areas within the Maritime Zone. It warns that the absence of prior technical studies could render the bill unconstitutional for violating Article 50 of the Constitution and the precautionary and non-regression principles. It flags that the bill would breach the intangibility of the public zone by enabling concessions there. It criticizes the inclusion of a positive silence mechanism for the environmental responsibility contract, which is prohibited in natural resource matters. It identifies potential conflicts with the right to equality, administrative coordination issues, legislative technique defects, and the need for environmental impact studies and criminal penalties. It concludes by recommending that these flaws be addressed before advancing the legislative process.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "18/06/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18859.json", "html_url": "/legal/doc/pgr-18859", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18859&strTipM=T" }, { "id": "pgr-18881", "citation": "OJ-082-2014", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal opinion on the Water Law bill, legislative file 17694", "title_es": "Opinión jurídica sobre el proyecto de Ley de Aguas, expediente 17694", "summary_en": "The PGR analyzes the 'Water Law' bill (file 17694) and identifies constitutional, substantive, and legislative drafting issues. It commends the explicit recognition of the human right to water but notes that some listed 'principles' are actually duties. It warns that the proposed repeal of the current Water Law (No. 276) would create regulatory gaps, such as loss of key definitions and reduced protection of public domain assets (beaches, estuaries, recharge areas). It criticizes the reduction of protection areas for intermittent streams and artificial reservoirs, which could violate the principle of environmental non-regression. The opinion highlights duplicative criminal provisions, imprecise easement procedures, and unclear jurisdictional boundaries between the Sinagirh and the Environmental Administrative Tribunal on sanctions. It recommends a thorough analysis of the law to be repealed to prevent weakening water resource protection.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "11/08/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18881.json", "html_url": "/legal/doc/pgr-18881", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18881&strTipM=T" }, { "id": "pgr-18930", "citation": "OJ-004-2014", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Municipal autonomy and the execution of the Cadastre and Registry Regularization Program in the preparation of regulatory plans", "title_es": "Autonomía municipal y ejecución del Programa de Regularización del Catastro y Registro en la elaboración de planes reguladores", "summary_en": "This legal opinion addresses the tension between municipal autonomy in urban planning and the execution of the Cadastre and Registry Regularization Program, financed by an IDB loan. It analyzes whether the Program's Executing Unit can contract consultancies to draft cantonal regulatory plans and control the resulting information, limiting municipal access until products are finalized. The Attorney General's Office concludes that regulatory plan proposals from the Executing Unit are not binding on municipalities, which retain exclusive authority to adopt or reject them with or without modifications. However, technical data collected, such as the delimitation of environmental protection areas, must be observed by legal operators as legitimate limitations on property rights. The opinion clarifies that the program's execution via a deconcentrated body of the Ministry of Finance does not violate municipal autonomy, provided the ultimate decision-making power of local governments is respected and legal requirements such as public hearings and environmental viability assessment by SETENA are met.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "17/01/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-18930.json", "html_url": "/legal/doc/pgr-18930", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18930&strTipM=T" }, { "id": "pgr-18953", "citation": "OJ-082-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Addition of a special solidarity contribution to the Judicial Branch pension regime", "title_es": "Adición de contribución especial solidaria al régimen de pensiones del Poder Judicial", "summary_en": "The Attorney General's Office analyzes a bill to add a special solidarity and redistributive contribution to Judicial Branch pensions. It concludes the bill does not require mandatory consultation with the Supreme Court under Article 167 of the Constitution, as pension matters do not affect the organization or jurisdictional functioning. It determines that establishing pension caps and additional solidarity contributions is constitutionally valid to ensure fund sustainability, provided it is supported by actuarial studies. The opinion holds that pensions do not constitute an intangible amount and can be modified prospectively within the framework of the Social State, without violating vested rights or beneficiaries' assets.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/08/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18953.json", "html_url": "/legal/doc/pgr-18953", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18953&strTipM=T" }, { "id": "pgr-18960", "citation": "C-153-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Standing to consult the Attorney General's Office regarding the Manuel Antonio Park Board", "title_es": "Legitimación para consultar a la Procuraduría sobre la Junta Directiva del Parque Manuel Antonio", "summary_en": "The Attorney General's Office declared inadmissible the consultation submitted by the Director of the Central Pacific Conservation Area (ACOPAC) of SINAC. The inquiry concerned whether the Board of Directors of the Manuel Antonio National Recreational Park Trust could exercise administration and operation functions over Manuel Antonio National Park. The Attorney General determined that the Director is not the head of SINAC; under the Biodiversity Law, that role belongs to the Executive Director of SINAC. Since the consultation did not meet the admissibility requirement of Article 4 of the Organic Law of the Attorney General's Office, which mandates that consultations be submitted by the hierarchical superior, no opinion on the merits was issued. A legal opinion from ACOPAC's legal advisor was attached, but this did not cure the lack of standing.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/06/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18960.json", "html_url": "/legal/doc/pgr-18960", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18960&strTipM=T" }, { "id": "pgr-18962", "citation": "C-190-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Unilateral registration of subdivision public areas when the developer no longer exists", "title_es": "Inscripción unilateral de áreas públicas de urbanizaciones cuando el desarrollador ha desaparecido", "summary_en": "The Attorney General's Office analyzes whether municipalities may register public-use areas in subdivisions when the developer has ceased to exist. It concludes that land ceded under Article 40 of the Urban Planning Law constitutes municipal public domain, affected by operation of law and the administrative act accepting the subdivision. Their public-domain character makes them inalienable, imprescriptible, and unseizable, protected by the principle of inmatriculation without requiring registration for their protection. However, to ensure legal certainty and coordination with the Cadastre, registration is necessary. Based on Article 44 of the same law, municipalities may apply unilaterally for registration before the Property Registry without the registered owner's concurrence, acting through the State Notary because they are public-domain assets. The Registry must make the final entry when the notary attests to the municipal resolution accepting the cession.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "23/07/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18962.json", "html_url": "/legal/doc/pgr-18962", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18962&strTipM=T" }, { "id": "pgr-18987", "citation": "OJ-084-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Insufficient technical basis to modify Ostional Wildlife Refuge regime", "title_es": "Sustento técnico insuficiente para modificar el régimen del Refugio Ostional", "summary_en": "The Attorney General's Office analyzes the Ostional Wildlife Refuge Law bill (file 18.939), which proposes changing the refuge from state-owned to mixed and granting concessions on public land for agricultural, residential, commercial, and recreational uses. The opinion concludes that the bill lacks the technical support required by the Constitutional Chamber to justify reducing environmental protection. It notes that the technical report presented does not sufficiently support the proposed uses, fails to prove the actual land tenure situation or the area's carrying capacity, and omits prior environmental impact studies. It warns of multiple constitutional issues: violation of the principle of objective environmental protection, non-regression, inviolability of the public zone, and possible breach of separation of powers by suspending judicial evictions. It recommends correcting technical and substantive inaccuracies in the bill's provisions.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "06/08/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18987.json", "html_url": "/legal/doc/pgr-18987", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18987&strTipM=T" }, { "id": "pgr-18989", "citation": "C-223-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "INDER's competence to administer and lease border strips", "title_es": "Competencia del INDER sobre administración y arrendamiento en franjas fronterizas", "summary_en": "The Attorney General's Office analyzes whether INDER can administer, lease, and transfer land in the northern and southern border strips, in light of Law 9036 and the Echandi-Fernández Treaty. It concludes that INDER is competent to administer the southern strip and grant leases (concessions) for commercial, residential, and agricultural purposes, but cannot issue private titles over inalienable land. In the northern strip, INDER may only lease in the area segregated from the Wildlife Refuge under Law 7774; administration belongs to the Municipality of La Cruz and MINAE-SINAC. Land that passed from Panama to Costa Rica under the treaty is an exception to inalienability, and INDER may transfer such properties to third parties after obtaining MINAE certification that they are not State Natural Heritage. The opinion clarifies that Constitutional Court ruling 1963-2012 did not repeal INDER’s residual administration of national reserves, but conditions it on prior classification by MINAE.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "19/08/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18989.json", "html_url": "/legal/doc/pgr-18989", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18989&strTipM=T" }, { "id": "pgr-18999", "citation": "OJ-093-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Authentic interpretation of articles 19(b) and 34 of the Forestry Law", "title_es": "Interpretación auténtica de los artículos 19 inciso b) y 34 de la Ley Forestal", "summary_en": "The Attorney General's Office had already issued legal opinion OJ-067-2012 on the bill for an authentic interpretation of Articles 19(b) and 34 of Forestry Law No. 7575. Since no changes were made to the legislative text, the PGR refers to its previous opinion without adding new analysis, reaffirming that it has already set its position on the matter.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "27/08/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-18999.json", "html_url": "/legal/doc/pgr-18999", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=18999&strTipM=T" }, { "id": "pgr-19007", "citation": "OJ-101-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bill on Management of the Peñas Blancas River Sub-basin", "title_es": "Proyecto de Ley de gestión de la subcuenca del río Peñas Blancas", "summary_en": "The Attorney General's Office (PGR) issued a non-binding legal opinion on Bill 19486, which sought to create a decentralized MINAE body with legal personality for managing the Peñas Blancas River sub-basin. The PGR warns that creating such bodies could fragment the public administration, undermine the budgetary universality principle, and duplicate existing powers. It calls for a cost-benefit analysis and consideration of whether existing institutions could achieve the same ends. The PGR identifies flaws in the bill, such as the redundant participation of ICE, lack of clarity on the water levy, and the legal nature of the management plan. It recommends not adopting the bill due to substantive and legislative technique issues, while noting the final decision is a matter of legislative policy. This opinion aligns with earlier criteria from the Comptroller General and the Legislative Environment Committee on similar bills.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "03/09/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19007.json", "html_url": "/legal/doc/pgr-19007", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19007&strTipM=T" }, { "id": "pgr-19129", "citation": "OJ-119-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bill on Water and Seas Rectorship — legislative opinion", "title_es": "Proyecto de Ley Rectoría de Aguas y Mares — opinión legislativa", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on bill No. 18.511, which seeks to establish a Water and Seas Rectorship and a Vice‑Ministry of Water and Seas within MINAE. It concludes that the bill contains substantive, pertinence, and legislative‑technique problems and suggests they be rectified before enactment. It notes that MINAE's rector role over water is already set out in several existing norms, making the amendment unnecessary on that point, and that both water and seas involve concurrent competences with other ministries and institutions that should be clearly delineated to avoid conflicts. It also points out drafting inaccuracies in the proposed articles and recommends adjusting the functions of article 2 of MINAE's Organic Law rather than inserting a new article 2 bis.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "28/10/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19129.json", "html_url": "/legal/doc/pgr-19129", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19129&strTipM=T" }, { "id": "pgr-19140", "citation": "C-245-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal nature and powers of the Board of Directors of Manuel Antonio National Park", "title_es": "Naturaleza jurídica y competencias de la Junta Directiva del Parque Nacional Manuel Antonio", "summary_en": "The Attorney General's Office examines whether the Board of Directors of Manuel Antonio National Park, created by Law No. 8133 as a maximally deconcentrated body with instrumental legal personality attached to MINAE, can exercise administration functions over the protected area. It concludes that the Board only has the powers expressly granted by that law—related to land acquisition and payment, economic endowment of development programs, and financing of environmental strategies—and that the administration of the national park legally belongs to SINAC, pursuant to the Biodiversity Law (No. 7788) and Law No. 5100. Therefore, the Board cannot administer or participate in the administration of Manuel Antonio National Park, as this would exceed its competence and violate the principle of legality.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "09/09/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19140.json", "html_url": "/legal/doc/pgr-19140", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19140&strTipM=T" }, { "id": "pgr-19165", "citation": "OJ-124-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Unconstitutionality of disaffecting and titling the border strip without prior technical studies", "title_es": "Inconstitucionalidad de la desafectación y titulación de la franja fronteriza sin estudios técnicos previos", "summary_en": "The Attorney General's Office issues its opinion on the bill 'Law for the rescue of legitimate rights of citizens in border areas' (file 16347). It finds the bill unconstitutional, relying on the recent Constitutional Chamber ruling 18836-2014 on a similar bill. It notes that the proposal to disaffect the two-kilometer strip along the borders with Nicaragua and Panama to grant titles to occupants lacks prior technical studies identifying the specific lands affected, endangering the Nation's Natural Heritage and violating Article 50 of the Constitution, the precautionary principle, in dubio pro natura, and non-regression. Moreover, the wording is indeterminate as it does not specify which environmental protection regimes would preclude titling. It also considers unconstitutional conferring rights to illegal occupants, since public domain property is inalienable and imprescriptible. It warns of impacts on indigenous reserves and the maritime-terrestrial zone, the excessively short deadline for the exclusion inventory, and the improper assignment of functions to the IDA. It recommends instead implementing a concession regime to regularize land tenure without removing the lands from public domain.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "indigenous-law-6172" ], "date": "24/11/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19165.json", "html_url": "/legal/doc/pgr-19165", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19165&strTipM=T" }, { "id": "pgr-19183", "citation": "C-344-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of Individual Inquiry by the ONF Board President", "title_es": "Inadmisibilidad de consulta individual del Presidente de la Junta Directiva de la ONF", "summary_en": "The Attorney General's Office declares inadmissible the inquiry submitted by the President of the Board of Directors of the National Forestry Office (ONF) because it did not emanate from the collegiate body as a whole. Under Article 4 of its Organic Law, only the heads of administrative entities —not individual members of a collegiate body— have standing to request opinions. The Board must adopt a collegiate resolution authorizing the inquiry. Since no such resolution was evidenced, the merits of the request to modify or clarify Opinions C-038-2002 and C-336-2006 will not be addressed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/12/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19183.json", "html_url": "/legal/doc/pgr-19183", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19183&strTipM=T" }, { "id": "pgr-19194", "citation": "C-331-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Application of Transitory I of Law 8794 to the property tax exemption in free trade zones", "title_es": "Aplicación del Transitorio I de la Ley 8794 a la exención de impuesto sobre bienes inmuebles en zona franca", "summary_en": "The PGR examines whether Transitory I of Law 8794 reinstated the property tax exemption for companies under the free zone regime, contrary to Opinion C-056-96. It traces the legal evolution: Law 7210 granted a 10-year territorial tax exemption; Law 7293 partially preserved it, but Law 7509 of 1995, which created the property tax, did not list these companies among exempt entities and repealed Law 27. It analyzes principles of temporal application of rules and acquired rights in tax exemptions. The PGR concludes that Transitory I does not indefinitely reinstate the exemption, because the property tax was enacted after Law 7293. The exemption survives only for those companies whose 10-year term was already running when Law 7509 entered into force, until that term expires. No right to indefinite exemption exists.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/12/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19194.json", "html_url": "/legal/doc/pgr-19194", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19194&strTipM=T" }, { "id": "pgr-19196", "citation": "OJ-135-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Protection of the San Carlos, Savegre, Pacuare, Sarapiquí and Banano River Basins", "title_es": "Protección de las cuencas de los ríos San Carlos, Savegre, Pacuare, Sarapiquí y Banano", "summary_en": "The Attorney General's Office analyzes Bill No. 19515, which proposes declaring the San Carlos, Savegre, Pacuare, Sarapiquí and Banano river basins as natural monuments, granting their administration to municipalities and creating basin commissions and councils. The opinion concludes that the bill lacks the technical studies required by Articles 36 of the Organic Law on the Environment and 58 of the Biodiversity Law, contains imprecise geographical coordinates, affects private property rights without due consideration, and modifies the water resource administration regime without technical justification. Additionally, the proposal could duplicate functions with existing technical bodies and presents constitutional issues by prohibiting hydroelectric projects without considering national energy policy and existing concessions. For these reasons, the Attorney General's Office recommends not approving the bill as proposed.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "environmental-law-7554", "biodiversity-law-7788" ], "date": "04/12/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19196.json", "html_url": "/legal/doc/pgr-19196", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19196&strTipM=T" }, { "id": "pgr-19204", "citation": "C-346-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal powers and land use within the Tivives Protected Zone", "title_es": "Competencias municipales y uso del suelo en la Zona Protectora Tivives", "summary_en": "The Attorney General's Office addresses four inquiries from the Mayor of Esparza regarding the exercise of municipal powers over construction taxes, commercial licenses, urban planning, and environmental viability within the Tivives Protected Zone. It concludes that on public lands forming part of the State's natural heritage, SINAC is the exclusive administrator, so the municipality lacks authority to levy construction taxes, require business licenses, or include such lands in the regulatory plan. On private lands not yet expropriated and not voluntarily submitted to the forestry regime, the municipality may exercise its functions, but any construction or commercial activity requires, in addition to a municipal permit, SINAC authorization and SETENA environmental viability. Environmental viability does not replace SINAC's authorization, as each serves a distinct purpose. The opinion underscores the duty of interinstitutional coordination and the priority of the protected area management plan over municipal regulatory plans, including on lands released from the Caldera Port Reserve by Law 7915.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "property-and-titling" ], "date": "11/12/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19204.json", "html_url": "/legal/doc/pgr-19204", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19204&strTipM=T" }, { "id": "pgr-19215", "citation": "OJ-155-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Municipal roads on de facto ways and servitudes in bill", "title_es": "Vialidad municipal frente a vías de hecho y servidumbre en proyecto de ley", "summary_en": "The Office of the Attorney General (PGR) reviews Bill 19008, 'Special Law for the Subdivision or Segregation of Real Estate Located on De Facto Public Roads'. The bill aimed to allow municipalities to authorize subdivisions on de facto roads for six years and to permit segregations via easements with reduced standards. The PGR warns that the bill overlooks essential technical and legal requirements in urban planning and public-domain law. It notes that public roads must be public-domain property and meet technical standards of regulatory plans and INVU, and that easements must respect maximum length and number of lots. It highlights constitutional conflicts by disregarding urban planning, access to services, a healthy environment, and removal of barriers for persons with disabilities. The PGR concludes the bill has problems of unconstitutionality, substance, and technique, and recommends not adopting it as drafted.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "18/12/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19215.json", "html_url": "/legal/doc/pgr-19215", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19215&strTipM=T" }, { "id": "pgr-19231", "citation": "C-342-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Professional competence in hydrogeology: geologists vs. engineers", "title_es": "Competencia profesional en hidrogeología: geólogos vs. ingenieros", "summary_en": "The Legal Opinion C-342-2015 of the Attorney General's Office declines to issue a substantive ruling on whether activities such as well drilling, aquifer contamination studies, hydrogeological studies, and other related tasks must be carried out exclusively by geology professionals or can be performed by engineers specializing in hydrogeology. The query was raised by the Costa Rican Institute of Aqueducts and Sewers, which faces conflicts in bidding processes due to opposing positions of the College of Geologists of Costa Rica and the Federated College of Engineers and Architects. The Attorney General's Office declares itself incompetent for two main reasons: the query concerns a technical aspect —academic and professional suitability— that is not strictly legal, and there are specific cases pending resolution at the administrative level, preventing an abstract ruling without substituting the active Administration in its decision-making. It recalls that it is for the active Administration to determine, through an objective and reasonable assessment, whether the specific functions are interdisciplinary in nature justifying the participation of professionals from various fields, in accordance with the jurisprudential line emanating from constitutional vote 3409-92.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/12/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19231.json", "html_url": "/legal/doc/pgr-19231", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19231&strTipM=T" }, { "id": "pgr-19233", "citation": "OJ-152-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Visual pollution and MOPT powers versus municipal autonomy", "title_es": "Contaminación visual y competencias del MOPT frente a la autonomía municipal", "summary_en": "The Attorney General's Office analyzes the bill 'Law to regulate visual communication and outdoor advertising' (file 19,180) and recalls the existing legal framework. It highlights that Executive Decree 29253-MOPT regulates outdoor advertising on the national road network without violating municipal autonomy, according to the Constitutional Chamber, since municipalities retain authority over the cantonal road network. The MOPT must coordinate with local governments and respect regulatory plans, or coordinate permit issuance where none exist. The Attorney General warns about the constitutionality of confiscating property and recommends that the law protect the landscape in general, not just the urban landscape; that the imperative 'shall grant' be replaced by 'may grant' to respect municipal autonomy; and that aspects such as permit revocation due to expropriation and the costs of removing structures be clarified.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "17/12/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19233.json", "html_url": "/legal/doc/pgr-19233", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19233&strTipM=T" }, { "id": "pgr-19254", "citation": "C-313-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "SFE authority over organic agriculture certification after Law 8591", "title_es": "Competencias del SFE en certificación de agricultura orgánica tras la Ley 8591", "summary_en": "Opinion C-313-2015 examines whether the Law on Development, Promotion and Fostering of Organic Agricultural Activity (No. 8591) tacitly repealed the Organic Agriculture Certification powers of the State Phytosanitary Service (SFE) under Article 11 of the Phytosanitary Protection Law. The PGR concludes that the amendment to Article 74 of the Organic Environmental Law did not eliminate those powers; therefore, the SFE retains the authority to issue certificates and enable third parties to do so. However, it clarifies that, since the entry into force of Law 8591, private certification agents must have prior accreditation under current or equivalent ISO standards, issued by a conformity assessment body in accordance with the National Quality System Law. Consequently, the regulatory provisions that assigned the SFE the function of directly accrediting such agents are declared abrogated due to incompatibility. The opinion also addresses the validity of certifications, oversight of international certifiers, and the legality of internal directives on evaluation procedures.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/11/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19254.json", "html_url": "/legal/doc/pgr-19254", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19254&strTipM=T" }, { "id": "pgr-19272", "citation": "C-036-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Number of dwellings allowed on internal lots accessed via right-of-way", "title_es": "Cantidad de viviendas en lotes internos con acceso por servidumbre de paso", "summary_en": "The Attorney General's Office analyzes how many dwellings can be authorized on internal lots accessed from a public street via a right-of-way. It concludes that, in the absence of a local regulatory plan, the INVU's National Regulation for the Control of Subdivisions and Urbanizations applies secondarily. Article II.2.1 allows a maximum of six lots for single-family dwellings when access is via a right-of-way, so the number of permitted single-family dwellings equals the maximum number of subdivided lots: six. For condominiums, the Regulation to the Condominium Property Regulatory Law applies, which does not set a specific number of dwellings but refers to the density and requirements of Article 46 of that regulation, prevailing over the INVU Construction Regulation due to its specialty and higher legal hierarchy.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "_off-topic" ], "date": "23/02/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19272.json", "html_url": "/legal/doc/pgr-19272", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19272&strTipM=T" }, { "id": "pgr-19274", "citation": "C-045-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Distinction between simple and complex subdivision and exemption from 10% transfer", "title_es": "Distinción entre fraccionamiento simple y complejo y exención de cesión del 10%", "summary_en": "The PGR analyzes the inquiry by the Municipal Council of Aserrí regarding the definitions of urbanization, subdivision for urban purposes (complex subdivision), and simple subdivision, and when the obligation to transfer 10% of the subdivided area for parks and community facilities applies. Based on the Urban Planning Law, its Regulations, and constitutional and administrative case law, the PGR concludes that simple subdivisions (segregations) in previously urbanized areas are exempt from this transfer because they already have access and services; on the other hand, complex subdivisions (urbanizations) that develop land for urban purposes for the first time must transfer the respective percentage. It clarifies that the number of approved plans does not determine the nature of the subdivision, but rather the need for urban development works and provision of public services. It also addresses requirements for condominiums and municipal jurisdiction for approval depending on the type of subdivision. The opinion reaffirms that access to public roads is mandatory in all subdivisions, except for qualified exceptions, and that urban development without the required transfer may lead to legal consequences.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "29/02/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19274.json", "html_url": "/legal/doc/pgr-19274", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19274&strTipM=T" }, { "id": "pgr-19284", "citation": "OJ-017-2016", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Review of the comprehensive reform draft of the Maritime-Terrestrial Zone Law Regulation", "title_es": "Revisión del proyecto de reforma integral al Reglamento de la Ley de Zona Marítimo Terrestre", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on the comprehensive draft reform of the Maritime-Terrestrial Zone Law Regulation prepared by the Costa Rican Tourism Board. It conducts an article-by-article analysis, identifying numerous deficiencies: lack of legal authority for ICT to sign the decree, regulatory gap after eliminating the former IDA's powers, confusion about the legal nature of the concession fee, regression in fee-setting (which the law delegates to the Executive Branch, not municipalities), improper removal of environmental protections, risk of legitimizing illegal occupations, and violation of the principles of equality and normative hierarchy. It concludes by recommending that MINAE co-sign the decree and that all detailed observations be addressed, without endorsing the proposed text.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "forestry-law-7575", "environmental-law-7554" ], "date": "04/03/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19284.json", "html_url": "/legal/doc/pgr-19284", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19284&strTipM=T" }, { "id": "pgr-19291", "citation": "C-037-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Exemption from real estate tax for Free Zone companies", "title_es": "Exoneración del impuesto sobre bienes inmuebles para empresas de Zona Franca", "summary_en": "The Attorney General's Office examines whether companies under the Free Zone Regime are exempt from real estate tax after the reform introduced by Law No. 8794. It concludes that the benefit established in Article 20(d) of Law No. 7210 —originally related to territorial tax— remains applicable to the real estate tax created by Law No. 7509, for a ten-year period from the start of operations, based on the doctrine of acquired rights and survival of the repealed law. Transitory Provision I of Law No. 8794 neither extends nor modifies that term; it merely acknowledges it for companies under Article 17(a), provided the benefit was granted before the expiration of the deadline set in the WTO Agreement on Subsidies and Countervailing Measures.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/02/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19291.json", "html_url": "/legal/doc/pgr-19291", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19291&strTipM=T" }, { "id": "pgr-19298", "citation": "C-024-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Possibility of granting use or ownership of public zone land to a public institution in the Maritime-Terrestrial Zone", "title_es": "Posibilidad de otorgar uso o dominio de terreno en zona pública a institución pública en ZMT", "summary_en": "The Attorney General's Office responds to the inquiry from the Municipal Council of Carrillo regarding the legal mechanism through which a municipality can grant the use or ownership of land in the public zone to a public institution within the Maritime-Terrestrial Zone. The opinion clarifies that municipalities cannot transfer ownership because the maritime-terrestrial zone is an inalienable and imprescriptible national public domain asset; they only exercise administrative powers. It dismisses figures such as use permits, leases, and concessions for this purpose, as they are unsuitable for public entities. The appropriate exceptional route is the authorization provided in Article 22 of Law 6043, which allows public infrastructure works and constructions intended for public use, also requiring approval from ICT, INVU, and MOPT. It also notes that the public port domain constitutes a special regime excluded from municipal administration, and that although the State does not require a municipal license to build, it must coordinate its actions with the municipalities.", "primary_topic_id": null, "topic_ids": [], "date": "03/02/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19298.json", "html_url": "/legal/doc/pgr-19298", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19298&strTipM=T" }, { "id": "pgr-19329", "citation": "OJ-055-2016", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "National moratorium on the release and cultivation of genetically modified organisms", "title_es": "Moratoria nacional a la liberación y cultivo de organismos vivos modificados (transgénicos)", "summary_en": "The Attorney General's Office analyzed a bill declaring a national moratorium on the release and cultivation of genetically modified organisms until there is scientific certainty and consensus on their risks. The opinion concludes that the approval or rejection of the bill is a matter of legislative policy, but highlights several legal concerns. It points out that assigning the Legislative Assembly the task of reviewing scientific certainty and consensus oversteps legislative boundaries, as this is a technical administrative function. Existing laws, including the Cartagena Protocol, already provide rigorous risk assessment and biosafety procedures. Constitutional jurisprudence requires that moratoriums be reasonable, proportionate, and have specific time limits to avoid infringing fundamental rights such as property and freedom of enterprise. The opinion recommends consulting specialized technical authorities like the State Phytosanitary Service and the National Biosafety Technical Commission. In sum, while not rejecting the moratorium outright, the PGR warns that it must respect the constitutional framework and technical legal standards.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "20/04/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19329.json", "html_url": "/legal/doc/pgr-19329", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19329&strTipM=T" }, { "id": "pgr-19364", "citation": "C-071-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Minister's Powers Regarding the Competition Commission and Consumer Commission", "title_es": "Competencias del Ministro frente a la Comisión de Competencia y la Comisión Nacional del Consumidor", "summary_en": "The Attorney General's Office analyzes the relationship between the Ministry of Economy, Industry and Commerce and its deconcentrated bodies: the Competition Promotion Commission (COPROCOM) and the National Consumer Commission. It determines that both commissions are maximum-deconcentration bodies, holding their own decision-making power in matters assigned by Law 7472, without the possibility of hierarchical review by the Minister. However, the Minister retains the power to annul final acts of the commissions for absolute nullity, subject to a favorable opinion from the Attorney General, and to declare them harmful to public interests in order to challenge them in court. Additionally, the Minister exercises organizational and directive powers, but with limits: he cannot modify the structure or competences established by law, nor replace the commissions in the exercise of their functions. Finally, the authority to sign contracts and cooperation agreements rests with the Minister, unless expressly delegated.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "12/04/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19364.json", "html_url": "/legal/doc/pgr-19364", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19364&strTipM=T" }, { "id": "pgr-19378", "citation": "C-042-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Amendment of regulatory plan for land-use change due to public interest", "title_es": "Modificación de plan regulador para cambio de uso del suelo por interés público", "summary_en": "The Municipality of Santa Ana inquired whether it could change the land use of a plot in an agricultural zone to build a day center, school, and recreational center without following the Urban Planning Law procedure. The Attorney General's Office declined to rule on the merits, as it involved a specific case pending decision, exceeding its advisory function. However, it reiterated jurisprudential and prior opinion criteria: any amendment to a regulatory plan must comply with Article 17 of Law 4240—public hearing, approval by the Urban Planning Directorate, municipal agreement by absolute majority, and publication in the Official Gazette. Failure to do so violates citizen participation and environmental protection principles, requiring technical studies and environmental viability under Article 50 of the Constitution.", "primary_topic_id": null, "topic_ids": [], "date": "25/02/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19378.json", "html_url": "/legal/doc/pgr-19378", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19378&strTipM=T" }, { "id": "pgr-19381", "citation": "C-099-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Clarification on competence to build the Ciudad Quesada sanitary sewer system", "title_es": "Aclaración sobre competencia para construir el alcantarillado sanitario de Ciudad Quesada", "summary_en": "The Municipality of San Carlos asked the Attorney General's Office for a clarification regarding an opinion of the Costa Rican Institute of Aqueducts and Sewers (AyA), which declared itself incompetent to build the Ciudad Quesada sanitary sewer system, arguing that the local water operator is the municipality. The PGR declares the consultation inadmissible for three reasons: the municipal legal counsel's opinion was not attached, the PGR cannot assess the legality of administrative opinions already issued nor resolve inter-institutional conflicts of opinion, and it lacks authority to settle jurisdictional disputes, which must be resolved by the President of the Republic under Articles 71 and 78 of the General Public Administration Law. The request is therefore rejected.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/04/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19381.json", "html_url": "/legal/doc/pgr-19381", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19381&strTipM=T" }, { "id": "pgr-19401", "citation": "C-097-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Real estate tax exemption for free zone companies", "title_es": "Exención del impuesto sobre bienes inmuebles para empresas de zona franca", "summary_en": "This opinion clarifies the real estate tax exemption for companies under the free zone regime, following a ruling by the Administrative Contentious Court. The PGR modifies its previous opinions (C-056-96, C-331-2015, C-037-2016), recognizing that the territorial tax under Law No. 27 of 1939 and the real estate tax under Law No. 7509 of 1995 constitute the same tax. Therefore, the exemption in Article 20(d) of Law No. 7210 was not repealed and remains applicable. Companies that obtained the regime after Law No. 7509 are entitled to the exemption for a 10-year period, up to the WTO deadline, as set out in Transitory Provision I of Law No. 8794. The Municipality of Alajuela must recognize this exemption.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/04/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19401.json", "html_url": "/legal/doc/pgr-19401", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19401&strTipM=T" }, { "id": "pgr-19406", "citation": "C-085-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Administrative enforcement of labor judgments against the State", "title_es": "Ejecución en vía administrativa de sentencias laborales contra el Estado", "summary_en": "The Office of the Attorney General of the Republic, at the request of the General Directorate of Civil Service, analyzes the enforcement of Labor Judgment No. 1118-2013 of the Labor Court of the Second Judicial Circuit of San José, which ordered the State to pay salary differentials derived from an automatic adjustment formula. The inquiry focuses on determining the temporal scope of the payment, specifically the meaning of \"up to the date.\" The PGR states that, because this involves a specific case with a pending administrative claim, it is not for the PGR to substitute the Administration’s decision. However, in general terms, it establishes that if a judgment imposes a clear obligation on the State, the Administration may directly comply through administrative channels. Conversely, if there is doubt about the terms of the ruling, the proper course is for the parties to resort to the judicial execution procedure set forth in Article 571 of the Labor Code. In that proceeding, the court that heard the case will clarify how the judgment should be interpreted and enforced, allowing the parties to debate, present evidence, and file appropriate appeals.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/04/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19406.json", "html_url": "/legal/doc/pgr-19406", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19406&strTipM=T" }, { "id": "pgr-19409", "citation": "OJ-065-2016", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "State Intervention in Indigenous Territories", "title_es": "Intervención estatal en territorios indígenas", "summary_en": "The Attorney General's Office clarifies that indigenous reserves are private domain of their development associations, which does not prevent coordinated state intervention to install infrastructure and guarantee public services, provided their customs are respected and prior consultation is carried out in accordance with ILO Convention 169. Regarding the cantonal road network, roads in indigenous territories must meet the requirements of Law 8114 and Decree 34624, but unclassified roads have special criteria. On quarry exploitation, national mining and environmental legislation applies, requiring SETENA permits and a regent, in addition to prior consultation with the communities. Indigenous people may only fell trees for their own benefit, not for commercialization. It is not possible to rule on transfers to development associations as this is under the purview of the Comptroller General of the Republic.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "forestry-law-7575" ], "date": "05/05/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19409.json", "html_url": "/legal/doc/pgr-19409", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19409&strTipM=T" }, { "id": "pgr-19411", "citation": "C-109-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "SINAC legal representation and borrowing powers", "title_es": "Representación legal del SINAC y sus facultades de endeudamiento", "summary_en": "This opinion C-109-2016 clarifies the legal representation of the National System of Conservation Areas (SINAC) at the request of its Internal Audit. The Attorney General's Office analyzes whether representation falls to the Minister of Environment and Energy as president of the National Council of Conservation Areas (CONAC) or to the Executive Director. Based on SINAC's nature as a deconcentrated body with instrumental legal personality, and on case law from the First Chamber, it concludes that the Executive Director holds legal representation for acts related to budget execution and administrative management, without requiring express delegation from CONAC. Beyond that scope (e.g., signing cooperation agreements), representation belongs to the Minister as CONAC president. It also confirms that SINAC is not legally empowered to directly access public credit (borrowing), but may use other mechanisms such as multi-year contracting, subject to the Comptroller General's opinion.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "05/05/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19411.json", "html_url": "/legal/doc/pgr-19411", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19411&strTipM=T" }, { "id": "pgr-19425", "citation": "C-222-2015", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Applicability of SENARA's water vulnerability matrix in municipal planning", "title_es": "Aplicación de la matriz de vulnerabilidad hídrica del SENARA en la planificación municipal", "summary_en": "The Attorney General's Office addresses several inquiries from the Municipality of Liberia. On environmental matters, it concludes that water vulnerability maps and land-use matrices based on aquifer vulnerability issued by SENARA must be mandatorily followed by municipalities when drafting their regulatory plans. The matrix approved for the canton of Poás must be applied in all cantons with vulnerability maps approved by SENARA, including Liberia, which already has such cartography. The opinion also covers municipal licenses, asset disposal, and permits for gas stations, but highlights the binding nature of SENARA's instruments, in accordance with Constitutional Court rulings 2004-1923 and 2012-8892. Several questions are declared inadmissible because they refer to specific cases or exceed the auditor's powers.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "14/08/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19425.json", "html_url": "/legal/doc/pgr-19425", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19425&strTipM=T" }, { "id": "pgr-19454", "citation": "C-134-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "AyA may not use water resources in protected wild areas for human consumption", "title_es": "Imposibilidad de AyA de aprovechar recurso hídrico en áreas silvestres protegidas para abastecimiento", "summary_en": "The Attorney General's Office concludes that the Costa Rican Institute of Aqueducts and Sewers (AyA) is not legally authorized to use water resources within state-owned protected wild areas for human consumption. It argues that Article 18 of the Forestry Law exhaustively lists only research, training, and ecotourism as permitted activities. AyA's authority to use public water nationwide, granted by Article 2(f) of its enabling law, must be interpreted in harmony with the later, special Forestry Law, rendering it inapplicable in such areas. The opinion states that such use would require an express law expanding permitted activities. Moreover, any water capture would constitute a change in public domain destination, reducing the protected area, which under Article 38 of the Environmental Law requires technical studies and legislative approval. The possibility of an exceptional administrative authorization is rejected.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "08/06/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19454.json", "html_url": "/legal/doc/pgr-19454", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19454&strTipM=T" }, { "id": "pgr-19508", "citation": "C-166-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nature and hierarchy of SINAC councils", "title_es": "Naturaleza y jerarquía de los consejos del SINAC", "summary_en": "This opinion by the Attorney General's Office analyzes the creation, structure, functions and hierarchical relationships of the various councils that make up the National System of Conservation Areas (SINAC): the National Council of Conservation Areas (CONAC), the Regional Councils of Conservation Areas (CORAC), the Local Councils of Conservation Areas (COLAC) and the Local Councils of Biological Corridors (CLCB). It addresses queries from the Comptroller General arising from an internal audit of SINAC regarding internal control and accountability. The AG concludes that the legal representation of SINAC for budgetary acts belongs to the Executive Director, while outside that scope it is held by the Minister of Environment and Energy as president of CONAC. It further determines that CONAC is the highest authority of SINAC in devolved matters, but the Minister retains hierarchical and disciplinary powers over the Executive Director in non-devolved matters. The CORAC are public bodies and their members, including those from the private sector, are public officials. The COLAC are public support bodies without decision-making power, subordinate to the CORAC. The CLCB, on the other hand, are private entities that are not part of SINAC or the State.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "05/08/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19508.json", "html_url": "/legal/doc/pgr-19508", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19508&strTipM=T" }, { "id": "pgr-19535", "citation": "OJ-092-2016", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutionality of Ecuador Cooperation Agreement on Cultural Property Protection", "title_es": "Adecuación constitucional del Convenio con Ecuador sobre protección de bienes culturales", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on the bill to approve the Cooperation Agreement between Costa Rica and Ecuador for the protection, conservation, recovery and restitution of cultural heritage property that has been stolen, looted, or illicitly trafficked. The opinion concludes that the agreement aligns with Article 89 of the Political Constitution, which establishes the conservation and development of the nation's historical and artistic heritage as a cultural goal of the State. The PGR reviews extensive constitutional case law conceptualizing the protection of cultural heritage as a fundamental right, grounded in Articles 50 and 89 of the Constitution, and places it within Environmental Law. It further examines the agreement's consistency with other international instruments ratified by Costa Rica, including UNESCO conventions and the San Salvador Convention on the defense of archaeological heritage, as well as with domestic legislation. The opinion finds no constitutional defects and holds the agreement to be consistent with the Costa Rican legal order.", "primary_topic_id": "archaeological-heritage-6703", "topic_ids": [ "archaeological-heritage-6703" ], "date": "12/08/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19535.json", "html_url": "/legal/doc/pgr-19535", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19535&strTipM=T" }, { "id": "pgr-19569", "citation": "OJ-111-2016", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Expanded Agrarian Jurisdiction in the Agrarian and Agro-Environmental Procedural Code", "title_es": "Competencia agraria ampliada en el Código Procesal Agrario y Agroambiental", "summary_en": "The Attorney General's Office analyzes the draft Agrarian and Agro-Environmental Procedural Code (Bill No. 15887) and points out several constitutional and legislative drafting issues. It warns that extending the competence of agrarian courts to environmental, food, rural development, public domain, diffuse interests, and administrative acts matters encroaches upon the contentious-administrative jurisdiction reserved by Article 49 of the Constitution. It recommends excluding public domain assets, review of administrative conduct, and State liability from agrarian jurisdiction. It notes contradictions in jurisdictional conflicts and objects to oral judgments in possessory informations as it would leave the PGR defenseless. It questions the regulation of administrative eviction by limiting its availability when there is a pending judicial process, occupation by mere tolerance, or for more than one year, which conflicts with constitutional case law. Overall, it suggests revising the bill to avoid conflicts with constitutional law.", "primary_topic_id": null, "topic_ids": [], "date": "21/09/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19569.json", "html_url": "/legal/doc/pgr-19569", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19569&strTipM=T" }, { "id": "pgr-19574", "citation": "C-198-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "No administrative annulment of construction permit for lack of clear evidence", "title_es": "No debe anularse administrativamente permiso de construcción por falta de evidencia clara", "summary_en": "The Attorney General's Office issues an unfavorable opinion for the annulment on grounds of absolute, evident, and manifest nullity of the land use certificate No. DU-US-164-2015 and construction permit No. 5360 granted by the Municipality of Turrialba to xxx S.A. for a hostel. It concludes that the alleged nullity is not evident and manifest, since it is not proven that the property is part of Urbanización xxx, its residential character is not easily verifiable, and the cited rules require interpretation. It also notes procedural defects such as improper inclusion of an official as a party, failure to resolve the statute-of-limitations defense, and formal deficiencies in the file. The opinion prevents the Municipality from declaring nullity administratively; it must resort to a judicial lesividad proceeding if it wishes to annul the acts.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "20/09/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19574.json", "html_url": "/legal/doc/pgr-19574", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19574&strTipM=T" }, { "id": "pgr-19576", "citation": "OJ-008-2015", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Declassifying park land for a school in Chacarita — bill 19.171", "title_es": "Desafectación de parque para escuela en Chacarita — proyecto 19.171", "summary_en": "The PGR analyzes a bill that would allow the Municipality of Puntarenas to declassify and donate a park lot to host the Carrizal de Chacarita school. It concludes that the land, as a green area ceded by the developer under the Urban Planning Law, enjoys special protection as a public domain asset. The Constitutional Chamber’s jurisprudence prohibits changing the use of such park areas without compensating the loss with an equivalent space, under penalty of unconstitutionality. In addition, it notes that any donation must be made to the State, not to the Ministry of Public Education, which lacks legal personality. The bill is viable only if the park proportion mandated by Article 40 of that law is respected.", "primary_topic_id": null, "topic_ids": [], "date": "10/02/2015", "year": "2015", "json_url": "/data/legal/docs/pgr-19576.json", "html_url": "/legal/doc/pgr-19576", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19576&strTipM=T" }, { "id": "pgr-19643", "citation": "C-226-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Consultation on Shutdown of Unauthorized Transport Platforms Deemed Inadmissible", "title_es": "Inadmisibilidad de consulta sobre cierre de plataformas de transporte no autorizado", "summary_en": "The Attorney General's Office declares inadmissible the consultation submitted by the Regulatory Authority for Public Services (ARESEP) regarding the possibility of applying sanctions and precautionary measures —such as business closures or app blocking— against platforms that facilitate paid passenger transportation without authorization. The inadmissibility rests on two grounds: first, the consultation concerns a specific administrative decision that ARESEP itself must make regarding Uber, exceeding the advisory scope of the Attorney General, which is reserved for abstract analysis of legal norms; second, there are pending judicial proceedings —an unconstitutionality challenge against the law regulating taxi services and an administrative litigation involving Uber— that deal with the exact same subject, thus issuing an opinion would encroach upon judicial competence. The Attorney General further notes that ARESEP already possesses a legal analysis from its own internal advisory body, which addresses each question in detail. Accordingly, the consultation is dismissed without reaching the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/10/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19643.json", "html_url": "/legal/doc/pgr-19643", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19643&strTipM=T" }, { "id": "pgr-19652", "citation": "C-220-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of Consultative Review of Administrative Contracts", "title_es": "Improcedencia de revisión consultiva de contratos administrativos", "summary_en": "The Attorney General's Office declares the consultation inadmissible because: (1) it concerns a specific case (review of a particular contract), which would replace the active Administration; (2) no internal legal advisory opinion was attached; and (3) administrative procurement matters fall under the exclusive and overriding jurisdiction of the Comptroller General of the Republic, as per Article 184 of the Constitution and Article 12 of its Organic Law. Consequently, this Office cannot issue an opinion on the legality of the contract between the National Production Council and the Education Board.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/10/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19652.json", "html_url": "/legal/doc/pgr-19652", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19652&strTipM=T" }, { "id": "pgr-19665", "citation": "OJ-138-2016", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Requirements and authorizations for transfer and release of municipal public goods", "title_es": "Requisitos y autorizaciones para traslación y desafectación de bienes públicos municipales", "summary_en": "Legal Opinion OJ-138-2016 examines the legal regime governing municipal property —both demanial and patrimonial— in the context of donations, transfers, segregations, and dedications, in response to a consultation by several members of the Legislative Assembly. The Attorney General's Office sets forth the minimum drafting requirements for laws transferring domain (parcel number, registered owner, beneficiary, area, tax exemptions, and public-interest conditions, but excluding cadastral maps due to their temporary validity) and recommends the inclusion of reversion clauses. It distinguishes between dedemainment (removal from the public domain) and demanial mutation (change of use or holder without loss of demanial status), noting that transfers between public entities operate under demanial mutation when a prevailing public interest is served. As to communal facilities under Article 40 of the Urban Planning Law, municipalities may dispose of them with legal authorization, prior community consultation, and a compensatory benefit. By contrast, parks and green areas require simultaneous, equal-value compensation to be set forth in the authorizing law. It concludes that Legislative Assembly authorization is mandatory for any donation of demanial property and that such intervention constitutes a protective act that removes legal obstacles.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/11/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19665.json", "html_url": "/legal/doc/pgr-19665", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19665&strTipM=T" }, { "id": "pgr-1967", "citation": "C-009-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Water concession for private generation under Law 7508", "title_es": "Concesión de agua para generación privada en Ley 7508", "summary_en": "The Attorney General's Office partially reconsidered and confirmed opinion C-232-99, addressing ICE's question whether Law 7508 authorizes it to exploit water resources through power purchase contracts with private parties. It concluded that under Law 7508, hydroelectric generation by private parties constitutes indirect management of the public service, not public exploitation by ICE. Therefore, the private awardee requires a special concession from the Legislative Assembly for the use of public waters, as it exploits a public domain asset. The PGR reiterated the need for the Legislative Assembly to issue framework regulations enabling MINAE to grant private water-use concessions for hydroelectric development.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "26/01/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-1967.json", "html_url": "/legal/doc/pgr-1967", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=1967&strTipM=T" }, { "id": "pgr-19691", "citation": "OJ-135-2016", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform of Articles 3 and 4 of Law 9242 on constructions in the maritime-terrestrial zone", "title_es": "Reforma a artículos 3 y 4 de la Ley 9242 sobre construcciones en zona marítimo terrestre", "summary_en": "The Attorney General's Office analyzes the bill to reform Articles 3 and 4 of Law 9242, which regulates existing constructions in the restricted zone of the maritime-terrestrial zone. The opinion concludes that the initiative raises constitutional and technical problems, as it undermines the power of public domain self-protection, eliminates deadlines for approving coastal regulatory plans, excludes the threat of environmental damage as grounds for demolition, and allows the free use of public domain lands. It also warns of defects in granting concessions in insular territories without legislative approval. The PGR recommends not adopting the bill, noting that it deepens the lack of protection of an environmental public domain asset and contravenes constitutional principles such as non-regression, prevention, and precaution.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "03/11/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19691.json", "html_url": "/legal/doc/pgr-19691", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19691&strTipM=T" }, { "id": "pgr-19693", "citation": "OJ-130-2016", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Recommendation to archive bill extending deadlines of Laws 9242 and 9221 on constructions in restricted zone", "title_es": "Recomendación de archivar proyecto que amplía plazos de las Leyes 9242 y 9221 sobre construcciones en zona restringida", "summary_en": "The Attorney General's Office recommends not approving the bill that extends the deadlines of Laws 9242 and 9221, considering that it violates the State's duty to protect the maritime-terrestrial public domain, distorts the power of protective self-defense of public property, and may breach the principle of non-regression in environmental law. It points out that occupations in the maritime-terrestrial zone do not generate rights by mere passage of time, and that a similar moratorium already exists under Law 9373. It also warns about the constitutional flaws and legislative technique issues that both laws have carried since their inception, and the undesirability of passing parallel norms that regulate the same matter differently.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental" ], "date": "27/10/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19693.json", "html_url": "/legal/doc/pgr-19693", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19693&strTipM=T" }, { "id": "pgr-1973", "citation": "C-045-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Prevalence of ILO Convention 169 over Community Development Law and criteria for identifying indigenous persons", "title_es": "Prevalencia del Convenio 169 OIT sobre la Ley de Desarrollo de la Comunidad y criterios para identificar indígena", "summary_en": "The Attorney General's Office concludes that, in the event of a normative conflict, ILO Convention 169 on Indigenous and Tribal Peoples prevails over the Community Development Law (Law 3859) as it is an international instrument of higher rank than ordinary law, pursuant to Article 7 of the Constitution. It also states that there is no single criterion for determining who is indigenous; instead, several parameters set out in Convention 169 and Indigenous Law 6172 must be applied, emphasizing that indigenous identity consciousness is the fundamental criterion. It stresses that indigenous reserves are the exclusive property of indigenous communities and that development associations in those territories must be composed solely of indigenous people, with no participation of non-indigenous persons in decision-making positions.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172" ], "date": "09/03/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-1973.json", "html_url": "/legal/doc/pgr-1973", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=1973&strTipM=T" }, { "id": "pgr-19742", "citation": "C-268-2016", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Obligation to cede right-of-way without compensation", "title_es": "Obligación de ceder derecho de vía sin indemnización", "summary_en": "The PGR addresses whether a property owner must withdraw from a right-of-way strip to comply with national or cantonal road provisions, and if so, whether compensation is due as expropriation or merely an urban planning limit. The opinion stresses the public-domain nature of roads, inalienable and imprescriptible, and concludes that rights-of-way cannot be possessed or acquired by adverse possession. It distinguishes three scenarios: (1) existing rights-of-way cannot be included in titles granted under possessory information proceedings, under penalty of nullity; (2) legal reserves of 12% of area in lands derived from state grants do not trigger compensation; (3) the same reserve applies to lands titled through possessory information, per Articles 7.b of the General Public Roads Law and 19.a of the Possessory Information Law, both upheld by the Constitutional Chamber. In none of these is compensation due, because the land is public domain that never entered private property.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/12/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19742.json", "html_url": "/legal/doc/pgr-19742", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19742&strTipM=T" }, { "id": "pgr-19765", "citation": "OJ-005-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Repeal of lapsed or obsolete laws — second part", "title_es": "Derogatoria de leyes caducas u obsoletas — segunda parte", "summary_en": "The Office of the Attorney General (PGR) analyzes bill No. 18,983, which proposes repealing 190 laws deemed lapsed or obsolete, mostly tax, customs and fiscal exemptions granted between 1948 and 2007. The PGR reiterates that the power to repeal is exclusive to the Legislative Assembly. It examines each law and recommends express repeal because they have fulfilled their purpose, lack effectiveness, or are tacitly repealed. It notes that some are administrative contracts, not true laws (Articles 124 and 140(19) of the Constitution). It warns about verifying that general laws do not contain provisions still in force. In only 5 cases, it recommends not repealing or further studying, such as Law No. 5503 (Cementos del Pacífico). The opinion supports normative cleanup provided the principle of legal reserve and case-by-case analysis are respected.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/01/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19765.json", "html_url": "/legal/doc/pgr-19765", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19765&strTipM=T" }, { "id": "pgr-19767", "citation": "C-011-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Requirements of Article 173 LGAP to Annul Rights-Creating Acts Administratively Without Lesividad", "title_es": "Requisitos del artículo 173 LGAP para anular actos declaratorios de derechos en vía administrativa sin lesividad", "summary_en": "This opinion of the Attorney General's Office (PGR) (C-11-2017) responds to a request from JUDESUR, which sought to annul a Board agreement approving a soil recovery program for oil palm cultivation. The PGR explains that, as a general rule, the Administration cannot sua sponte annul its own acts that create rights, requiring a judicial lesividad process. However, Article 173 of the General Public Administration Act allows an exceptional procedure to annul acts with absolute, evident, and manifest nullity, provided strict requirements are met: a full administrative procedure with hearing for affected parties, a prior favorable opinion from the PGR or Comptroller, and exercise within one year (or while effects persist). In this case, the PGR declines to issue a substantive opinion because JUDESUR had not yet conducted the prior administrative procedure, an essential prerequisite for the PGR to analyze the alleged nullity.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "19/01/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19767.json", "html_url": "/legal/doc/pgr-19767", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19767&strTipM=T" }, { "id": "pgr-19783", "citation": "C-014-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Width of access roads to the maritime-terrestrial zone", "title_es": "Ancho de vías de acceso a la zona marítimo terrestre", "summary_en": "The Attorney General's Office analyzes whether access points to the public zone of the maritime-terrestrial zone established in a coastal regulatory plan must comply with the 14-meter width required by the General Public Roads Law for local roads, or if they may be governed by the plan itself. It concludes that the Maritime-Terrestrial Zone Law does not specify a width for such accesses, and that Article 4 of the General Public Roads Law does not regulate the width of local streets within the cantonal road network. Therefore, when the access is a local street, the municipality must define its width in the regulatory plan, based on criteria of reasonableness, proportionality, and technical soundness, without being bound to 14 meters. If the access is via a national road, the 20-meter width set by the MOPT applies.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "25/01/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19783.json", "html_url": "/legal/doc/pgr-19783", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19783&strTipM=T" }, { "id": "pgr-19784", "citation": "OJ-134-2016", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Role of Municipalities in Environmental Precautionary Measures", "title_es": "Rol de las municipalidades en medidas cautelares ambientales", "summary_en": "The Attorney General's Office (PGR) reviews bill 19989, which would empower municipalities to impose administrative precautionary measures when there is certainty or imminent danger of environmental damage. The opinion acknowledges local governments' significant role in environmental protection under Article 50 of the Constitution and case law, but warns that the bill raises constitutional and legal drafting concerns. It argues that the proposed functions for an environmental inspector overlap with those of the Municipal Police, the Public Force, and the Ministry of Health, violating the principle of coordination. The PGR also questions the broad authorization to adopt measures without a hearing, the review by the Environmental Administrative Tribunal at the expense of municipal autonomy, and the unclear appeals process. On these grounds, the PGR concludes the bill suffers from substantial flaws and recommends against its adoption in its current form.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental" ], "date": "03/11/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-19784.json", "html_url": "/legal/doc/pgr-19784", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19784&strTipM=T" }, { "id": "pgr-1979", "citation": "C-050-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Expiration of Annulment Power for Police Risk Pay Bonus", "title_es": "Caducidad de la potestad anulatoria en plus salarial de riesgo policial", "summary_en": "The opinion addresses the Ministry of Public Security's request to declare the absolute, evident, and manifest nullity of an administrative act that granted a former employee police risk pay between 1995 and 1997, despite him performing administrative duties. The Attorney General's Office concludes that the four-year deadline set forth in Article 173.5 of the General Public Administration Law for annulling acts that declare rights has expired. Thus, even if the act contained nullity defects, the Administration lost its power to declare it ex officio, rendering the act untouchable and making it unnecessary to examine the merits of the nullity claim.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/03/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-1979.json", "html_url": "/legal/doc/pgr-1979", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=1979&strTipM=T" }, { "id": "pgr-1981", "citation": "C-052-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Four-year expiration period to annul act recognizing police-risk pay", "title_es": "Plazo de caducidad de cuatro años para anular acto que reconoció riesgo policial", "summary_en": "The Attorney General's Office examines whether an administrative act that maintained police-risk pay for a public employee reassigned to administrative duties in 1995 may be declared absolutely, evidently, and manifestly void. It concludes that the exceptional annulment power under Article 173 of the General Public Administration Act is subject to a four-year expiration period running from the act's issuance, which is not subject to interruption or suspension. Since more than four years elapsed since the employee's reassignment (February 13, 1995), the annulment petition is time-barred. The Ministry is therefore precluded from declaring nullity regardless of any defects in the act. The request for a favorable opinion is denied.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/03/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-1981.json", "html_url": "/legal/doc/pgr-1981", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=1981&strTipM=T" }, { "id": "pgr-19862", "citation": "C-066-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal declaration of public roads and easements", "title_es": "Declaratoria de vías públicas municipales y servidumbres", "summary_en": "The Attorney General's Office analyzes whether the Municipality of Escazú may declare new streets or easements as public roads, notwithstanding a possible contrary directive from the National Institute of Housing and Urbanism (INVU). It concludes that municipalities are legally empowered to declare cantonal public roads in several scenarios: when the land is public domain, when the road is legally or factually dedicated to public use and is not privately owned, when there is a voluntary cession, purchase, or expropriation of private land, or upon receiving public areas arising from urbanization processes. A servitude may also be declared a public road if ceded, purchased, or expropriated. All such declarations must comply with technical inventory and evaluation procedures, and the declaration must be adopted by the Municipal Council. The opinion provides guidance on the applicable legal framework, including the General Public Roads Law, the Urban Planning Law, and the Law on Transfer of Cantonal Road Network Competencies.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "03/04/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19862.json", "html_url": "/legal/doc/pgr-19862", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19862&strTipM=T" }, { "id": "pgr-19871", "citation": "C-063-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Property tax in protected zones", "title_es": "Impuesto sobre bienes inmuebles en zonas protectoras", "summary_en": "The Attorney General's Office analyzes whether land and buildings within protected zones, such as the Cerros de Escazú in Santa Ana, are subject to the property tax under Law 7509. It concludes that land covered by Article 4(b) of that law —including hydrographic basins and areas declared forest reserves, indigenous reserves, biological reserves, or national parks— is not subject to the tax. Buildings located on such land are subject to the tax, unless they are exempted through forestry incentives under Articles 22-24 and 29 of Forestry Law 7575, upon meeting requirements before MINAE-SINAC. Additionally, if the building is the taxpayer's sole property and exceeds 45 base salaries in value, only the excess is taxable, but it may also be exempt under the forestry incentive regime. The opinion distinguishes protected zones from protection areas (setbacks from springs and rivers) and State Natural Heritage, and reiterates the prohibition on logging and construction in the latter.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "water-law" ], "date": "31/03/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19871.json", "html_url": "/legal/doc/pgr-19871", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19871&strTipM=T" }, { "id": "pgr-19882", "citation": "C-081-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Revocation of UNGL representatives on collegiate bodies", "title_es": "Revocación de representantes de la UNGL en órganos colegiados", "summary_en": "The Office of the Attorney General analyzes whether the National Union of Local Governments (UNGL) can revoke its representatives on boards and councils. It concludes that institutional representatives must have a link with UNGL, but once appointed they act independently and only the collegiate body holds disciplinary power. Article 16(j) of the UNGL Statute, allowing revocation for convenience or opportunity, yields to the specific laws of each body (CTP, CONAVI, COSEVI, DINADECO, PIMA, INDER, Mixed Commission). Loss of the popular-election municipal position only automatically extinguishes representation if the body's law sets no other term. UNGL can only decide not to reelect its representatives upon expiration of the legal term, without revoking them earlier.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/04/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19882.json", "html_url": "/legal/doc/pgr-19882", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19882&strTipM=T" }, { "id": "pgr-19885", "citation": "C-094-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Reconsideration request of opinion C-134-2016 on water extraction in protected wild areas", "title_es": "Solicitud de reconsideración dictamen C-134-2016 sobre aprovechamiento de recurso hídrico en áreas silvestres protegidas", "summary_en": "The Attorney General's Office analyzes the request from the Costa Rican Institute of Aqueducts and Sewers (AyA) to reconsider opinion C-134-2016, which concluded that AyA is not legally authorized to extract water resources within state-owned protected wild areas for public supply. The request is ruled inadmissible because it was filed after the eight-day deadline set by Article 6 of the Organic Law of the Attorney General's Office. Nevertheless, exercising its ex officio powers, the Office reviews the substantive arguments and finds no merit to change the prior opinion: Article 18 of the Forestry Law allows only training, research, and ecotourism activities in the State Natural Heritage, leaving no room for an expansive interpretation to permit water extraction, even in exceptional cases where no alternative water source is technically feasible. An express law is required to expand the permitted activities and establish terms and conditions.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "03/05/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19885.json", "html_url": "/legal/doc/pgr-19885", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19885&strTipM=T" }, { "id": "pgr-19897", "citation": "C-083-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Transfer of Law 9329 Funds to District Municipal Councils", "title_es": "Transferencia de recursos de la Ley 9329 a Concejos Municipales de Distrito", "summary_en": "The Attorney General's Office addresses a query from the Internal Auditor of the Municipality of Abangares regarding the application of the Special Law for the Transfer of Competencies: Full and Exclusive Attention to the Cantonal Road Network (Law No. 9329). The opinion analyzes the obligation of municipalities to transfer funds to District Municipal Councils (Concejos Municipales de Distrito) under Article 7 of the law, as well as the responsibilities of the councils and the road management structure. It concludes that the transfer is mandatory under the law and its regulation (Executive Decree No. 40138). District Councils assume the same road management obligations and responsibilities as municipalities and must adhere to the Canton's Five-Year Road Plan. The opinion notes potential regulatory excess in creating District Road Boards and legislative gaps regarding the councils' structure.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/04/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19897.json", "html_url": "/legal/doc/pgr-19897", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19897&strTipM=T" }, { "id": "pgr-19915", "citation": "C-111-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal nature of protected area entrance fees", "title_es": "Naturaleza jurídica de las tarifas de ingreso a ASP", "summary_en": "The Attorney General's Office examines the legal nature of entrance fees to protected wild areas at SINAC's request. It concludes that these fees are public prices, not taxes, because use of the areas is voluntary and not an essential state service. The authority to set them rests with the National Council of Conservation Areas via executive decree under Article 42 of the Biodiversity Law. Exoneration or non-charging of fees is permissible if justified and formalized by executive decree.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "30/05/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19915.json", "html_url": "/legal/doc/pgr-19915", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19915&strTipM=T" }, { "id": "pgr-19928", "citation": "OJ-061-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Inadmissibility of Request on Condominium Fee Eviction", "title_es": "Inadmisibilidad de consulta sobre desalojo por incumplimiento de pago condominal", "summary_en": "The Attorney General's Office declares inadmissible the request from Congressman William Alvarado Bogantes regarding whether non-payment of condominium fees constitutes grounds for eviction under the National Financial System for Housing Law, and whether the condominium administrator can request the cancellation of the housing bond for this reason. The Attorney General's Office bases its rejection on the fact that the query does not raise a generic legal issue, but rather refers to a specific case: the legal situation of the La Hoja Dorada Social Interest Horizontal Residential Condominium. It states that its role is to provide abstract legal advice, and that ruling on this matter would entail substituting the active administration in decision-making, invading other authorities' powers and distorting its advisory function. It concludes that, as it involves a particular complaint, the query does not meet the admissibility requirements set forth in its Organic Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/05/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19928.json", "html_url": "/legal/doc/pgr-19928", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19928&strTipM=T" }, { "id": "pgr-19932", "citation": "C-125-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Authority to regulate and pay salaries of indigenous reserve guards", "title_es": "Competencia para regular y pagar salarios de guarda reservas en territorios indígenas", "summary_en": "The INDER asked the Attorney General's Office which institution is responsible for regulating, hiring, and paying indigenous reserve guards (guarda reservas) in indigenous territories, given that Decree 13590 assigned this function to the IDA (now INDER) but the 1996 Forestry Law gave MINAE jurisdiction over forestry lands. The Attorney General refuses to issue a binding opinion because the matter is a specific case pending decision by the Executive Branch, which under the Constitution and the General Public Administration Law has the power to issue regulations. However, it notes that Article 7 of the Indigenous Law states that guards are 'appointed by the Government', and the Comptroller General has opined that the Executive Branch must appoint, regulate and pay them. It advises consulting Constitutional Court rulings on the subject. It concludes that it cannot issue a criterion on the specific case.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "forestry-law-7575" ], "date": "09/06/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19932.json", "html_url": "/legal/doc/pgr-19932", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19932&strTipM=T" }, { "id": "pgr-19957", "citation": "C-143-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Retroactive payment of wage bonus — municipal employee request", "title_es": "Pago retroactivo de plus salarial — solicitud de funcionaria municipal", "summary_en": "Opinion C-143-2017 declares inadmissible the inquiry submitted by the Vice-Mayor of the Municipality of San Pablo regarding the possibility of granting retroactive payment of the 'prohibition' wage bonus to the municipal sub-provider. The Attorney General's Office reiterates the three admissibility requirements for its advisory function: 1) the inquiry must be submitted by the competent authority (in municipalities, only the Municipal Council, the Mayor, the Internal Auditor, or the District Municipal Councils); 2) the internal legal advisor's opinion must be attached; and 3) the question must be framed in general and abstract legal terms, without addressing a specific case. The request fails all three requirements: it is submitted by a Vice-Mayor not acting as interim mayor, it lacks the internal legal opinion, and it essentially seeks a ruling on an individual employee's request, which would mean substituting the active administration in its own decision-making.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/06/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19957.json", "html_url": "/legal/doc/pgr-19957", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19957&strTipM=T" }, { "id": "pgr-19968", "citation": "OJ-030-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Interpretation of civil liability insurance under Moín concession", "title_es": "Interpretación de póliza de responsabilidad civil en concesión de Moín", "summary_en": "The Attorney General's Office (PGR) received a inquiry from a legislator about the interpretation of clause 17.20 of the Moín Container Terminal Concession Contract, specifically whether current JAPDEVA employees could be considered 'third parties' for purposes of the civil liability insurance. However, the PGR declared the consultation inadmissible because its object overlaps with two pending judicial proceedings before the Contentious Administrative Court (case files 12-1630-1027-CA and 15-2232-1027-CA), in which SINTRAJAP and other parties seek the annulment of the concession contract and discuss matters related to JAPDEVA workers. The PGR reiterates its policy of refraining from issuing opinions on sub judice matters to avoid interfering with the jurisdictional function and out of respect for normative hierarchy.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/03/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19968.json", "html_url": "/legal/doc/pgr-19968", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19968&strTipM=T" }, { "id": "pgr-19970", "citation": "OJ-037-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Unconstitutionality of hiring SINAC staff through private organizations", "title_es": "Improcedencia de contratar personal del SINAC mediante organizaciones privadas", "summary_en": "The Attorney General's Office analyzed Bill No. 20.039, which aimed to authorize SINAC to enter into agreements with private non-profit conservation organizations so that they could hire personnel to perform substantive functions of the System. The PGR recognizes the validity of collaboration between the Public Administration and civil society for public purposes, citing examples such as honorary inspectors under the Forestry and Wildlife Laws. However, it warns that the proposed mechanism – hiring by private entities of personnel who would carry out public functions – would violate Articles 191 and 192 of the Constitution, which require competitive procedures to ensure the suitability of public officials. It invokes reiterated jurisprudence from the PGR and the Comptroller General's Office, which deem it improper to use private law instruments to appoint public officials. The conclusion is that the bill could have constitutional problems by creating a parallel hiring system outside the statutory regime.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "30/03/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19970.json", "html_url": "/legal/doc/pgr-19970", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19970&strTipM=T" }, { "id": "pgr-19993", "citation": "C-088-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal authority to designate parking zones on cantonal roads", "title_es": "Competencia municipal para señalizar estacionamiento en vías cantonales", "summary_en": "The inquiry asked whether local governments need MOPT authorization or mere coordination to designate parking zones on cantonal roads. Under Law No. 9329 (Transfer of Cantonal Road Network Competencies), the opinion concludes that municipalities have full authority over traffic signage on their cational network, including the power to define and mark parking zones. They do not require authorization from the Traffic Engineering Directorate or MOPT, but must comply with general technical guidelines issued by MOPT as the governing body. They must also respect prohibitions and conditions set in the Traffic Law No. 9078 (e.g., no parking in front of schools, hydrants, curves) and in the Parking Meter Law No. 3580. The opinion also examines the nature of public roads and the absence of a right to park on them.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-19993.json", "html_url": "/legal/doc/pgr-19993", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=19993&strTipM=T" }, { "id": "pgr-20009", "citation": "C-161-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Public road status within Lake Arenal protection zone", "title_es": "Condición de caminos públicos en zona de protección del Lago Arenal", "summary_en": "The Attorney General's Office clarifies opinion C-272-2013 regarding the nature of public roads located within the 50-meter protection zone of Lake Arenal. It concludes that roads that provided access to the former towns of Tronadora and Arenal and currently reach the lake, even if unused or unregenerated, retain their status as public roads and their public domain character. This status can only be lost through express legal deaffectation. Additionally, protection areas under Articles 33 and 34 of the Forestry Law are social-interest limitations on property rights, and when they overlap with public domain assets, they are subsumed under that regime, with their inalienability and imprescriptibility prevailing. The opinion emphasizes the obligation of environmental protection to safeguard water resources and adjacent forested areas.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "06/07/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20009.json", "html_url": "/legal/doc/pgr-20009", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20009&strTipM=T" }, { "id": "pgr-20011", "citation": "OJ-081-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutionality of easing rules for road construction in protected areas", "title_es": "Constitucionalidad de normas flexibilizadoras para construcción vial en áreas protegidas", "summary_en": "The Attorney General's Office analyzed Bill No. 19899, which sought to add provisions to the General Public Roads Law relaxing environmental requirements for road construction and maintenance. The original bill eliminated environmental permits and national convenience declarations, even within State Natural Heritage. The subcommittee draft allowed establishing rights-of-way in protected areas subject to environmental feasibility and MOPT-MINAE agreement, and exempted permits for minor watercourse works. The PGR warns of unconstitutionality for violating preventive, non-regression, and environmental protection objectification principles, given lack of prior technical studies to justify reduced protection and the threat to State Natural Heritage. It concludes that approval is a legislative policy decision.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "12/07/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20011.json", "html_url": "/legal/doc/pgr-20011", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20011&strTipM=T" }, { "id": "pgr-20017", "citation": "C-172-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Los Chorros Recreational Park — Inadmissibility of consultation on AyA improvement project", "title_es": "Parque Recreativo Los Chorros — Inadmisibilidad de consulta sobre proyecto de mejoras del AyA", "summary_en": "The Attorney General's Office declares the consultation submitted by the Municipality of Grecia inadmissible. The consultation sought clarification on whether Los Chorros Recreational Park constitutes State Natural Heritage and whether the Costa Rican Institute of Aqueducts and Sewers (AyA) may carry out the “Improvements to the Atenas Supply System, Stage II” project within the park. The request fails to meet the admissibility requirements under the Organic Law of the Attorney General's Office, as it does not concern the interpretation of abstract legal norms, but rather specific situations that the active administration must decide. Furthermore, the attached legal opinion is insufficient and the consultation attempts to resolve internal disagreements between the Municipality and AyA, which falls outside the advisory function. On a non-binding basis, the opinion notes that private properties within the Park, even if subject to forestry regulations, are not State Natural Heritage, and that the project's environmental feasibility was granted by SETENA.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "forestry-law-7575" ], "date": "18/07/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20017.json", "html_url": "/legal/doc/pgr-20017", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20017&strTipM=T" }, { "id": "pgr-20022", "citation": "OJ-047-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Special concession regime in the border zone with Panama and Nicaragua", "title_es": "Régimen especial de concesiones en zona fronteriza con Panamá y Nicaragua", "summary_en": "The Attorney General's Office analyzes the bill proposing a special concession regime for tenants and occupants of the border strips with Panama and Nicaragua. It warns of serious legislative technique problems and potential unconstitutionality. Mainly, it points out that the bill lacks technical studies justifying the reduction of environmental protection in the Northern Border Corridor National Wildlife Refuge, violating the principle of objectivity of environmental protection and the non-regression principle. It also notes internal contradictions, such as allowing concessions in areas that the bill itself declares non-concessible, and the lack of clarity on whether it targets tenants or mere occupants. The PGR reiterates that the State's Natural Heritage only allows research, training, and ecotourism activities, and any change must be technically supported.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575" ], "date": "28/04/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20022.json", "html_url": "/legal/doc/pgr-20022", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20022&strTipM=T" }, { "id": "pgr-20040", "citation": "OJ-091-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Observations on the Integrated Water Resource Management Bill", "title_es": "Observaciones al proyecto de Ley para la Gestión Integral del Recurso Hídrico", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 20212 'Integrated Water Resource Management Law,' which is based on file 17742 and adjusted per Constitutional Court ruling 12887-2014. The opinion provides article-by-article analysis and substantive observations: recommend including the principle of non-regression in the general principles; adjust definitions and classify artificial reservoirs for public supply as public domain; clarify the legal nature of the Hydrological Unit Councils; correct administrative appeals; extend inspectors' authority to wastewater discharges; suggest protection areas for lagoons and other wetlands; restrict water extraction in protected wild areas solely to the Water and Sewer Institute (AyA) with a technical study and EIA; regulate water reuse and recycling in detail; delineate sanctioning powers between the Environmental Administrative Tribunal and the Water Directorate; amend Article 34 of the Forestry Law to fix the criminal offense for invading protection areas; and adjust transitional provisions to avoid legal uncertainty. Concludes that approval is a legislative decision, but recommends considering the observations.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "21/07/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20040.json", "html_url": "/legal/doc/pgr-20040", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20040&strTipM=T" }, { "id": "pgr-20041", "citation": "C-166-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Property Tax on Buildings in the Maritime Zone Without a Concession", "title_es": "Cobro del impuesto de bienes inmuebles en Zona Marítima Terrestre sin concesión", "summary_en": "The Attorney General's Office clarifies that the property tax in the Maritime Zone can be charged to permit holders or occupants for fixed constructions, according to Article 6(c) of Law No. 7509, provided they have municipal authorization allowing permanent structures. However, a use permit, being precarious, only authorizes simple, easily removable works, so it does not trigger the taxable event. Occupants and settlers with municipal recognition and fixed buildings are subject to the tax. Illegal occupation is not validated by tax payments, and the municipality must inspect, regularize improper uses, or evict and demolish.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "17/07/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20041.json", "html_url": "/legal/doc/pgr-20041", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20041&strTipM=T" }, { "id": "pgr-20068", "citation": "C-212-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Correcting errors in Decree 26945-MINAE adding area to Irazú Volcano National Park", "title_es": "Corrección de errores en el Decreto 26945-MINAE sobre adición al Parque Nacional Volcán Irazú", "summary_en": "The Attorney General's Office examines whether Executive Decree 26945-MINAE, which added the Prusia area to Irazú Volcano National Park, can be corrected under Article 157 of the General Public Administration Law to fix errors in delimitation coordinates. It concludes that a one-digit error (a '2' instead of '5') placing a point in the Pacific Ocean rather than in the Prusia area is a clear material error, correctable under that provision, since the correct intent can be inferred from context. However, other inconsistencies (crossing lines, failure to connect to the original park, inclusion of private lands, exclusion of state lands) cannot be classified as simple material errors, as the original intent of the issuing body cannot be determined. Their correction would require a new decree, but only if it does not reduce the protected area, per Article 38 of the Organic Environmental Law and constitutional case law, which requires a law, technical studies, and compensation for any reduction.", "primary_topic_id": null, "topic_ids": [], "date": "19/09/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20068.json", "html_url": "/legal/doc/pgr-20068", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20068&strTipM=T" }, { "id": "pgr-20075", "citation": "OJ-121-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal framework for landfills", "title_es": "Marco jurídico de los rellenos sanitarios", "summary_en": "Legal opinion OJ-121-2017, requested by a legislator, clarifies the legal framework for sanitary landfills in Costa Rica. It explains that final disposal of solid waste is governed by the Integrated Waste Management Law (Law 8839) and its Sanitary Landfill Regulation (Decree 38928). The opinion details municipal responsibilities — they must manage waste comprehensively in each canton, and prevent and eliminate open dumps — and the lead role of the Ministry of Health, which directs, monitors and controls waste management in coordination with other ministries. It also describes the technical requirements for landfill siting, design, construction, operation and maintenance, covering impermeabilization, leachate and gas treatment, and groundwater monitoring. Finally, it outlines the administrative and criminal penalty regime, ranging from fines for minor infractions to prison sentences for illegal hazardous waste disposal. It stresses the need for coordination between municipalities and central government, and notes that according to constitutional jurisprudence, the Ministry of Health's powers do not violate municipal autonomy.", "primary_topic_id": null, "topic_ids": [], "date": "18/09/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20075.json", "html_url": "/legal/doc/pgr-20075", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20075&strTipM=T" }, { "id": "pgr-20077", "citation": "C-194-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal claim of public use areas in old subdivisions", "title_es": "Reclamación municipal de áreas de uso público en lotificaciones antiguas", "summary_en": "The inquiry asks whether a municipality can claim, years later, land that a subdivider failed to cede for public use under the Urban Planning Law. The PGR explains that the obligation to cede areas for roads, parks, and community facilities only applies to urbanizations (complex subdivisions), not simple segregations in already urbanized areas. It points out that areas voluntarily surrendered to public use acquire a public domain status, even without formal transfer, and that public domain assets are inalienable and imprescriptible, so the municipality can always claim them. It clarifies that the lack of formal transfer does not prevent the establishment of public ownership if public use is proven. As measures, the municipality must nullify acts contrary to regulations, file a 'lesividad' action or declare absolute nullity, and adopt agreements to receive and manage the areas. For unbuilt urbanizations, there is a prohibition on granting permits until the transfer is guaranteed.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "05/09/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20077.json", "html_url": "/legal/doc/pgr-20077", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20077&strTipM=T" }, { "id": "pgr-20078", "citation": "C-206-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "INVU Approval Requirement for Subdivisions Through Easements", "title_es": "Visado del INVU en fraccionamientos mediante servidumbres de paso", "summary_en": "The Attorney General's Office clarifies that the Urban Planning Law (4240) requires the INVU's Urbanism Directorate to examine and approve plans for any subdivision for urban purposes, including those done through easements, before the municipality grants its approval. The Municipal Council cannot issue the municipal approval without that prior INVU authorization. The INVU Regulation allows subdivision by easement only in exceptional cases where direct access to a public road is impossible, and under strict limits on width, length, and maximum number of lots. Condominiums are governed by higher-ranking special rules (Law 7933 and its Regulation) but also require municipal approval based on technical criteria. Failure to obtain INVU approval prevents registration of the subdivision and construction, and entails liability for the officials involved.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "12/09/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20078.json", "html_url": "/legal/doc/pgr-20078", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20078&strTipM=T" }, { "id": "pgr-20080", "citation": "C-218-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Water Concession and Canon Payment Obligation in the Arenal Tempisque Irrigation District", "title_es": "Obligación de concesión de agua y pago de canon en el Distrito de Riego Arenal Tempisque", "summary_en": "The Attorney General's Office concludes that water users within an irrigation district, and not SENARA, are obliged to obtain a water use concession from MINAE and pay the corresponding canon. SENARA acts as an intermediary, managing a single concession for all beneficiaries and including the canon in the irrigation service tariff, which it then transfers to MINAE. The opinion rules out that the irrigation district creation decree replaces individual concessions, or that users are legally exempt, emphasizing that the contrary would violate the principle of equality and integrated water resource planning.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "22/09/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20080.json", "html_url": "/legal/doc/pgr-20080", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20080&strTipM=T" }, { "id": "pgr-20083", "citation": "OJ-012-2016", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Degree of deconcentration of Coprocom and hierarchical powers over its acts and structure", "title_es": "Grado de desconcentración de Coprocom y potestades del jerarca sobre sus actos y estructura", "summary_en": "This legal opinion from the Attorney General's Office examines the nature and degree of deconcentration of the Competition Promotion Commission (Coprocom), and the powers retained by the Minister of Economy, Industry and Commerce over this body. It concludes that Coprocom is a maximally deconcentrated organ holding exclusive decision-making authority on free competition matters, exhausting administrative remedies and not subject to hierarchical appeals to the Minister. However, the Minister retains self-review powers to declare absolute nullity or declare acts harmful to public interests, subject to strict legal procedures and binding opinions from the Attorney General. Regarding structure, the power to reorganize and restructure lies with the Minister but is limited by the organization and competencies defined in Law 7472, including the existence and functions of the Technical Support Unit (UTA). The opinion further clarifies that confidential information in Coprocom files may not be accessed by officials outside UTA, and that the communication and publication of its acts is a Commission power.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/02/2016", "year": "2016", "json_url": "/data/legal/docs/pgr-20083.json", "html_url": "/legal/doc/pgr-20083", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20083&strTipM=T" }, { "id": "pgr-2009", "citation": "C-030-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "PGR lacks jurisdiction to advise FONAFIFO on brokerage firm proposal", "title_es": "Imposibilidad de la PGR para pronunciarse sobre propuesta de puesto de bolsa al FONAFIFO", "summary_en": "The Attorney General’s Office declines to respond to a query from FONAFIFO’s Executive Director regarding how to handle a settlement proposal from the brokerage firm Reuben, Soto & Morera. The PGR bases its refusal on the legal nature of FONAFIFO, established by Forestry Law 7575 with 'instrumental legal capacity' that grants it broad freedom in managing its resources. This autonomy means decisions fall to its Board of Directors, under the personal and patrimonial liability of its members, with ex post oversight by the Comptroller General’s Office. The PGR does not issue an opinion on the merits, merely delimiting the scope of authority and the applicable liability regime.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "16/02/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-2009.json", "html_url": "/legal/doc/pgr-2009", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=2009&strTipM=T" }, { "id": "pgr-20093", "citation": "OJ-106-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Possibility of disapplying the Grecia Regulatory Plan to Río Cuarto territory", "title_es": "Posibilidad de desaplicación del Plan Regulador de Grecia al territorio de Río Cuarto", "summary_en": "The Attorney General's Office analyzes whether the Municipality of Grecia can disapply its Urban and Rural Regulatory Plan to the territory that would form the new Canton of Río Cuarto, created by Law 9440. It concludes that it is not legally possible because, at the time of the consultation, the creating law had not yet been published in the Official Gazette and therefore was not part of the legal system. Even if it acquires formal validity, its effects are deferred until the corresponding municipal elections are held, due to the immutability of the administrative territorial division during the fourteen months prior to national elections, pursuant to Law 6068. The Regulatory Plan is a material law that defines the content of property rights and its application remains until the territorial segregation becomes effective.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/08/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20093.json", "html_url": "/legal/doc/pgr-20093", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20093&strTipM=T" }, { "id": "pgr-20123", "citation": "C-145-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Workers' compensation policy for completed works without a permit", "title_es": "Póliza de riesgos del trabajo en obras terminadas sin permiso", "summary_en": "The Attorney General's Office partially reconsiders Opinion C-113-2013 on its own motion. It rules that municipalities, when regularizing completed works built without a construction permit, may not require a workers' compensation policy if the work meets all requirements and no modifications are needed, as there is no risk to insure and the policy would never have taken effect. If modifications are ordered, the policy is required as a prerequisite. It reaffirms the municipal duty to inspect unpermitted works under Articles 93 et seq. of the Construction Law and emphasizes the mandatory, universal, and compulsory nature of workers' compensation insurance as part of the fundamental right to social security.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/06/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20123.json", "html_url": "/legal/doc/pgr-20123", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20123&strTipM=T" }, { "id": "pgr-20127", "citation": "OJ-133-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Use of Trees Downed by Hurricane Otto in Wildlife Refuges and National Natural Heritage", "title_es": "Aprovechamiento de árboles caídos por el Huracán Otto en Refugios de Vida Silvestre y Patrimonio Natural del Estado", "summary_en": "The Attorney General's Office analyzes bill No. 20.433, which seeks to exceptionally authorize the use of trees downed by Hurricane Otto in the Corredor Fronterizo Norte and Maquenque National Wildlife Refuges, and other National Natural Heritage areas. The legal opinion finds that the bill presents constitutional and substantive problems. It questions that the authorization extends to illegal occupants, contravening the principle of administrative self-protection and potentially consolidating invasions. It warns that the lack of precision regarding affected areas, the absence of environmental impact assessment requirements, and the referral of multiple aspects to a future regulation could violate the principle of non-regression in environmental matters and the right to a healthy environment. The PGR suggests that, instead of benefiting occupants, the State could directly use the fallen trees for community purposes, subject to SINAC's technical viability.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "wildlife-law-7317", "property-and-titling" ], "date": "09/11/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20127.json", "html_url": "/legal/doc/pgr-20127", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20127&strTipM=T" }, { "id": "pgr-20131", "citation": "C-259-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal status of lands excluded from the Caldera Port Reserve Zone and obligation to adopt a regulatory plan", "title_es": "Régimen de terrenos excluidos de la Zona Portuaria Reservada de Caldera y obligación de plan regulador", "summary_en": "The Attorney General's Office analyzes the legal status of the lands excluded from the Caldera Port Reserve Zone after the reduction effected by Law 7915. It concludes that: the reduced port reserve zone retains the special regime of Law 5582; the excluded lands that lie within the maritime-terrestrial zone are governed by Law 6043; those that are part of the Tivives Protective Zone or other components of the State Natural Heritage keep their protective regime and cannot be included in the municipal regulatory plan; and lands not subject to any special regime fall under the ordinary urban planning powers of the Municipality of Esparza under the Urban Planning Law. Law 7915 did not set a deadline for preparing the regulatory plan, but the municipal duty to plan persists. The opinion rules out any implicit removal from the public domain and clarifies that the municipality may use its own additional resources, not just the maritime zone fees, to fund the plan.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "09/11/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20131.json", "html_url": "/legal/doc/pgr-20131", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20131&strTipM=T" }, { "id": "pgr-20136", "citation": "C-270-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Registry encumbrance for environmental services and timber harvesting in refuges", "title_es": "Afectación registral en PSA y aprovechamiento forestal en refugios", "summary_en": "The Procuraduría rejects as untimely and inadmissible the request to reconsider opinions C-038-2002 and C-336-2006, which established the duty to register all properties under the payment for environmental services program as an encumbrance. It also declares inadmissible the inquiry regarding the ONF legal advisor's opinion on timber harvesting in protected areas, while noting that amendments to the Wildlife Conservation Law do not alter the requirement for environmental impact assessments in mixed wildlife refuges, and that forest activities there are only permissible if the management plan authorizes them.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "wildlife-law-7317" ], "date": "16/11/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20136.json", "html_url": "/legal/doc/pgr-20136", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20136&strTipM=T" }, { "id": "pgr-20158", "citation": "OJ-093-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Municipal Powers over the Five-Year Road Plan and the Cantonal Road Board", "title_es": "Competencias municipales sobre el Plan Vial Quinquenal y la Junta Vial Cantonal", "summary_en": "The Office of the Attorney General analyzes the division of powers between the Municipal Council and the Cantonal Road Board concerning the Five-Year Road Conservation and Development Plan. It concludes that the approval of the Plan and the allocation of resources under Law 8114 belong exclusively to the Municipal Council, as the hierarchical and deliberative body responsible for defining cantonal development priorities. The Cantonal Road Board performs a technical and advisory role, preparing proposals and preparatory acts that the Council may approve, reject, or amend without having to return the project to the Board, provided its decision is reasoned. It also clarifies that municipalities may use Law 8114 funds to pay salaries of staff dedicated solely to road management, and that the composition of the Road Board is governed by Decree 40138, which requires the technical unit representative to have substantive functions.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/07/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20158.json", "html_url": "/legal/doc/pgr-20158", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20158&strTipM=T" }, { "id": "pgr-20183", "citation": "OJ-126-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Creation of the Ministry of Tourism — duplication of powers with the ICT", "title_es": "Creación del Ministerio de Turismo — duplicidad de competencias con el ICT", "summary_en": "The Attorney General's Office (PGR) issues a non-binding legal opinion on Legislative Bill 20.146, 'Law Creating the Ministry of Tourism and Reforming the Costa Rican Tourism Institute and Strengthening Tourism MSMEs.' The PGR notes that the bill fails to clarify the division of powers between the new Ministry of Tourism and the existing Costa Rican Tourism Institute (ICT), which could lead to a duality of functions. It warns of specific regulatory overlaps: the power to promote construction of accommodation and recreation sites for tourists is already in the ICT Organic Law; the proposed amendment to the Development Banking System Law contradicts provisions of an executive decree; and the amendment regarding CONAC's composition is referenced to the wrong law (it should be the Biodiversity Law, not the Wildlife Law). Additionally, the amendment to the Tourism Incentives Law excludes the ICT without adjusting other related articles. It concludes that the decision is a matter of legislative discretion, but recommends addressing the observations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/10/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20183.json", "html_url": "/legal/doc/pgr-20183", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20183&strTipM=T" }, { "id": "pgr-20186", "citation": "C-267-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of Consultation on Works and Felling in Los Chorros Forest Park", "title_es": "Inadmisibilidad de consulta sobre obras y tala en parque forestal Los Chorros", "summary_en": "The Attorney General's Office declares inadmissible the consultation from the Municipal Council of Grecia regarding whether the Costa Rican Institute of Aqueducts and Sewers (AyA) can carry out works and fell trees in the Los Chorros Municipal Recreational Park, based on Executive Decree 40675-MINAE of National Convenience. The consultation deals with a specific case and seeks to review the legality of an administrative act, which exceeds the advisory function. Additionally, the existence of a constitutional challenge and a contentious-administrative lawsuit against the same decree is noted, so the Attorney General's Office abstains to avoid interference with the Judiciary. As guidance, the opinion explains that the Forestry Law allows exceptions to logging prohibitions through a national convenience declaration and that the easement established in favor of AyA limits the property of the servient tenement, without the Municipality being able to impair its use.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "14/11/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20186.json", "html_url": "/legal/doc/pgr-20186", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20186&strTipM=T" }, { "id": "pgr-20189", "citation": "C-287-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal acceptance of non-inventoried public roads", "title_es": "Aceptación municipal de caminos públicos no inventariados", "summary_en": "The Attorney General's Office (PGR) addresses whether a municipality must accept a non-inventoried road as public despite its public nature. It holds that a road is public when it is destined for free transit by law, voluntary cession, purchase, expropriation, or urbanization surrendered to public use. The cantonal road inventory (Laws 8114, 9329) serves to identify and record road needs, but does not condition public-domain status: a road can be public even if not on the inventory. A presumption of public ownership protects roads shown on municipal plans, cadastres, or other records, unless proven otherwise. Declassification requires a statute, not an administrative act. Neither the lack of inventory nor formal acceptance destroys the road’s public character. The municipality must adopt agreements to accept and manage areas already surrendered to public use and, in the face of encroachments, file lesividad or nullity actions. An ordinary proceeding to cancel title is not necessary except in specific cases (possessory informations). The PGR concludes that public-domain status precedes and binds cantonal administration, the inventory not being a constitutive requirement.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "07/12/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20189.json", "html_url": "/legal/doc/pgr-20189", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20189&strTipM=T" }, { "id": "pgr-20255", "citation": "OJ-158-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform of the Migration and Aliens Law — immigration policy and legislative discretion", "title_es": "Reforma a la Ley General de Migración y Extranjería — política migratoria y discrecionalidad legislativa", "summary_en": "The Attorney General's Office reviews bill 20.429, which seeks to reform several articles of the Migration and Aliens Law to make them more practical. It concludes that the entire proposal—including changes to sanctions for irregular stay of non-residents, the accreditation of social security for residency renewal, stricter deadlines for overstaying tourists to leave the country, and the clarification of obligations for international carriers—falls within the State's sovereign power to define its immigration policy and within the legislature's discretion. It only recommends improving the wording of Article 33 so that the fine is mandatory rather than discretionary.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/12/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20255.json", "html_url": "/legal/doc/pgr-20255", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20255&strTipM=T" }, { "id": "pgr-20278", "citation": "OJ-166-2017", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on the bill for administrative titling in consolidated settlements", "title_es": "Opinión sobre el proyecto de ley para titulación administrativa en asentamientos consolidados", "summary_en": "The Office of the Attorney General analyzes the bill 'Transitory Law for Administrative Titling of Properties Located in Consolidated Settlements' (file 19,924), which aims to create a temporary administrative procedure to title lots possessed for over ten years in consolidated urban and rural settlements. The bill tasks INVU and INDER with directing the process, including settlement identification, application requirements such as MINAE certification of not being in protected areas, and a procedure with opposition from neighbors and third parties. The PGR warns that similar administrative titling laws have been struck down by the Constitutional Chamber for violating fundamental rights like property, due process, access to justice, and equality, and for failing to protect the State's natural heritage. It notes the bill omits providing a hearing to the Attorney General's Office, which could lead to unconstitutionality. It concludes that approval is the exclusive competence of the Legislative Assembly but alerts to serious risks of unconstitutionality.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "22/12/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20278.json", "html_url": "/legal/doc/pgr-20278", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20278&strTipM=T" }, { "id": "pgr-20307", "citation": "OJ-011-2018", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on Parque Recreativo Los Chorros as State Natural Heritage and validity of Decree 40675-MINAE", "title_es": "Opinión sobre Parque Recreativo Los Chorros como Patrimonio Natural del Estado y validez del Decreto 40675-MINAE", "summary_en": "The Attorney General's Office declared the inquiry from Congressman Michael Arce Sancho inadmissible because it concerned specific cases and there were pending judicial actions against Decree 40675-MINAE. Nevertheless, as a courtesy, it issued a non-binding legal opinion. It held that not all lands in the Parque Recreativo Municipal Los Chorros are State Natural Heritage; only those meeting the requirements of Article 13 of the Forestry Law, subject to technical verification. Privately owned properties within the park, even if under the forestry regime, are not part of that heritage. Regarding Decree 40675-MINAE, it considered the decree lawful, grounded in Articles 19 and 34 of the Forestry Law, which allow national convenience declarations for projects authorizing tree cutting on private lands covered by forest or in protection areas, provided they are not State Natural Heritage. The prohibition on felling in Article 5(a) of Law 6126 is not absolute and must be interpreted systematically with the Forestry Law; thus, it is inapplicable on private lands when a national convenience declaration exists.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "24/01/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20307.json", "html_url": "/legal/doc/pgr-20307", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20307&strTipM=T" }, { "id": "pgr-20343", "citation": "OJ-027-2018", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Water extraction in State Natural Heritage areas for human consumption", "title_es": "Aprovechamiento de agua en el Patrimonio Natural del Estado para consumo humano", "summary_en": "The Attorney General's Office analyzed bill 20.447, which sought to authorize the national water utility (AyA) to extract water for human consumption and build infrastructure in the State Natural Heritage. The opinion emphasizes that Costa Rican environmental law is strongly conservationist, and that water extraction in protected areas should only be permitted if it is compatible with the primary conservation purpose and does not cause significant ecological deterioration. The PGR concludes that AyA lacks legal authorization for such activities, requiring an express legal reform. It recommends amending Article 18 of the Forestry Law to exceptionally allow AyA to extract water for public supply, subject to strict technical criteria, the involvement of the National System of Conservation Areas (SINAC), protection of ecological flows, and low-impact works with a prior environmental impact assessment. The opinion advises limiting authorization to AyA rather than extending it to other operators like ASADAS.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "28/02/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20343.json", "html_url": "/legal/doc/pgr-20343", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20343&strTipM=T" }, { "id": "pgr-20385", "citation": "C-036-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Coverage of Conservation Area Directors by the Civil Service Regime and confidence status", "title_es": "Pertenencia de los Directores de Áreas de Conservación al Régimen de Servicio Civil y carácter de confianza", "summary_en": "The Attorney General's Office responds to a query by SINAC regarding whether the positions of Conservation Area Directors are covered by the Civil Service Regime and whether they are confidence-based posts. It concludes that, although the Biodiversity Law establishes a special selection and appointment procedure through lists proposed by Regional Councils and appointed by the National Council, these positions are indeed protected by the Civil Service Regime, since no explicit legal norm excludes them. The mere existence of a special procedure is insufficient to override the general constitutional principle of inclusion. It also determines that Conservation Area Directors do not qualify as confidence-based officials, as they are not freely appointed and removed nor do they represent the highest hierarchical level within SINAC, which belongs to the Executive Director.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "21/02/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20385.json", "html_url": "/legal/doc/pgr-20385", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20385&strTipM=T" }, { "id": "pgr-20393", "citation": "C-048-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Internal auditor lacks standing to seek review of PGR opinion", "title_es": "Improcedencia de revisión de dictamen por auditoría interna", "summary_en": "The Attorney General's Office (PGR) ruled that the Corporate General Auditor of Banco de Costa Rica lacks standing to request reconsideration or review of opinion C-030-2018. The power of internal auditors to consult the PGR under Article 4 of the Organic Law of the Attorney General's Office is strictly for obtaining a technical-legal opinion to perform their internal control functions. Opinions issued at auditors' request bind only the auditors, not the active administration. The standing to seek reconsideration and eventual dispensation before the Government Council, as per Article 6 of the same law, belongs exclusively to the heads of the active administration, since it involves assessments of opportunity, merit, and public interest beyond the competence of internal audit bodies. The Auditor General's petition was therefore declared inadmissible.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/03/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20393.json", "html_url": "/legal/doc/pgr-20393", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20393&strTipM=T" }, { "id": "pgr-20415", "citation": "C-079-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Implied repeal of Article 127 of the General Health Law by Law 7786 for medicinal and scientific cannabis use", "title_es": "Derogatoria tácita del artículo 127 de la Ley General de Salud por la Ley 7786 respecto al uso medicinal y científico del cannabis", "summary_en": "The Attorney General's Office responds to the Costa Rican Drug Institute (ICD) regarding the apparent contradiction between the General Health Law (Article 127), which absolutely prohibits the cultivation and use of cannabis, and Law 7786 (Articles 1 and 2), which allows its use for medical and scientific purposes. It concludes that there is an irreconcilable antinomy and that, by the principles of specialty and posteriority, Articles 1 and 2 of Law 7786 have tacitly repealed Article 127 of the General Health Law concerning those exceptional purposes. It states that Law 7786 is consistent with international treaties signed by Costa Rica, making a reform of the General Health Law unnecessary. It also partially reconsiders its own Legal Opinion OJ-130-2015 insofar as it indicated a total and express prohibition without noting the implied repeal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/04/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20415.json", "html_url": "/legal/doc/pgr-20415", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20415&strTipM=T" }, { "id": "pgr-20430", "citation": "OJ-037-2018", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Compatibility of geothermal exploitation in protected wild areas with national and international regulations", "title_es": "Compatibilidad de explotación geotérmica en áreas silvestres protegidas con la normativa nacional e internacional", "summary_en": "The Attorney General's Office analyzes the substitute text of bill 19233, which seeks to authorize ICE to exploit geothermal energy in protected wild areas. It notes that the new proposal incorporates environmental impact assessment as a prerequisite for the research and exploration phases, correcting an omission in the original text. Regarding the modification of protected area boundaries, it maintains compensation for affected areas with lands of equal size, but eliminates disaffection, allowing exploitation within the protected area through a special use permit. However, it warns that such activity could contravene Article 3 of the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere, which prohibits commercial exploitation of resources in national parks. Consequently, the Attorney General's Office concludes that it would only be viable through a specific disaffection law with supporting technical studies, not through a generic authorization for several parks.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "25/04/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20430.json", "html_url": "/legal/doc/pgr-20430", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20430&strTipM=T" }, { "id": "pgr-20442", "citation": "OJ-042-2018", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Water use in protected wild areas for human consumption", "title_es": "Aprovechamiento de agua en áreas silvestres protegidas para consumo humano", "summary_en": "The Attorney General's Office analyzes the substitute text of Bill 20.447, which seeks to authorize the use of water for human consumption and related works on State Natural Heritage lands. While it welcomes the incorporation of prior recommendations, it points out multiple technical and legal imprecisions: lack of clarity on the authority competent to grant permits, the need for a prior alternatives study and a public interest declaration, the definition of ecological flow, regulation of water gauging, and the confusing exception for indigenous territories, which legally cannot be both public domain and collective private property. It also warns that the proposed reform to Article 18 of the Forestry Law is insufficient because it does not cover necessary works and limits itself to protected wild areas, excluding other State Natural Heritage assets.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "indigenous-law-6172" ], "date": "18/05/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20442.json", "html_url": "/legal/doc/pgr-20442", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20442&strTipM=T" }, { "id": "pgr-20472", "citation": "C-117-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal status of IDA allocations in the Tivives Protected Zone", "title_es": "Situación jurídica de adjudicaciones del IDA en Zona Protectora Tivives", "summary_en": "The Attorney General's Office responds to three inquiries from SINAC regarding land allocations made by the IDA in the Tivives Protected Zone. First, it clarifies that allocations after 6 May 1986 are null by virtue of Constitutional Court Ruling 1763-94, so the lands revert to public ownership as part of the State's natural patrimony, which is public domain, and occupation by private parties generates no rights. Second, it declines to rule on whether SINAC can approve plot plans on those lands, as that would substitute the active Administration in its concrete decisions. Third, it refuses to assess the legality of allocations made under Article 71 of the Forestry Law (later annulled), as it is not its role to review administrative acts. The opinion reaffirms the nullity of the allocations and the public nature of the lands.", "primary_topic_id": "property-and-titling", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "28/05/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20472.json", "html_url": "/legal/doc/pgr-20472", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20472&strTipM=T" }, { "id": "pgr-20501", "citation": "C-149-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Whether an absolute, evident, and manifest nullity of a construction permit based on a false environmental viability resolution may be declared", "title_es": "Procedencia de la nulidad absoluta evidente y manifiesta de un permiso de construcción basado en viabilidad ambiental falsa", "summary_en": "The Office of the Attorney General of Costa Rica issues a favorable opinion allowing the Municipality of San Ramón to declare, through administrative proceedings, the absolute, evident, and manifest nullity of construction permit PC‑064‑2017, granted to Inversiones HERSA JJII S.A. for a poultry shed. The company submitted a false environmental viability resolution (3724‑2016‑SETENA) that did not apply to its project but to a different development in Quepos by another entity; the company’s legal representative acknowledged the fraud. The opinion analyzes Article 173 of the General Public Administration Law, confirming that the lack of environmental viability —an indispensable requirement for the permit— constitutes an absolute, evident, and manifest nullity flaw that the Administration may annul without resorting to judicial proceedings, provided due process was observed, as it was here.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "procedural-environmental", "environmental-law-7554" ], "date": "19/06/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20501.json", "html_url": "/legal/doc/pgr-20501", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20501&strTipM=T" }, { "id": "pgr-20513", "citation": "C-103-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Maintenance and expansion of hydraulic works on State Natural Heritage lands", "title_es": "Mantenimiento y ampliación de obras hidráulicas en terrenos del Patrimonio Natural del Estado", "summary_en": "The Attorney General's Office analyzes whether the Costa Rican Institute of Aqueducts and Sewers (AyA) may repair, maintain, or expand its existing water catchment structures on lands that, due to forest cover, became part of the State Natural Heritage under Article 13 of the Forestry Law. It concludes that, although building new intakes is not allowed under Article 18 of the Forestry Law, repairing and maintaining existing works is permissible by virtue of the primacy of protecting fundamental rights, especially the right to water. Expansions may also be authorized if essential for the continuity of the public service, provided AyA submits studies on priority, convenience, and feasibility and complies with MINAE's technical criteria.", "primary_topic_id": "water-law", "topic_ids": [ "forestry-law-7575", "water-law" ], "date": "18/05/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20513.json", "html_url": "/legal/doc/pgr-20513", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20513&strTipM=T" }, { "id": "pgr-20515", "citation": "C-151-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "AyA Powers vs. State Natural Heritage for Water Catchment", "title_es": "Potestades de AyA frente al Patrimonio Natural del Estado para captación de agua", "summary_en": "The Attorney General's Office addresses whether Articles 5 and 18 of Law 2726 (AyA's Organic Law) prevail over Articles 13 and 18 of the Forestry Law regarding the acquisition of forested properties for water catchment. It concludes that although the general rule of Article 13 of the Forestry Law automatically incorporates forested lands of public institutions into the State Natural Heritage, this provision cannot be interpreted to nullify AyA's special powers. The norms of Law 2726 have a special purpose tied to the protection of the fundamental right to access drinking water, which holds the same constitutional rank as the right to a healthy environment. Therefore, lands acquired by AyA for water capture are not subject to the limitations of Article 18 of the Forestry Law (which restricts activities in the State Natural Heritage to research, training, and ecotourism). Instead, they are deemed dedicated to the public goal of guaranteeing the human right to water. This does not create an irreconcilable conflict, as Article 31.b of the Water Law imposes a duty to conserve the forest cover on such lands. The opinion also notes the legislative bill 20447, which would expressly permit water use on State Natural Heritage lands for human consumption.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "21/06/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20515.json", "html_url": "/legal/doc/pgr-20515", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20515&strTipM=T" }, { "id": "pgr-20546", "citation": "C-159-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Can commercial and construction permits be granted in spring protection areas between 100 and 200 meters?", "title_es": "¿Pueden otorgarse licencias comerciales y de construcción en áreas de protección de nacientes permanentes entre 100 y 200 metros?", "summary_en": "The Attorney General's Office responds to a query from the Municipality of Santa Bárbara, Heredia, regarding the possibility of granting commercial and construction permits in the protection areas of permanent springs, specifically in the 100-200 meter zone. The opinion concludes that, under a systematic interpretation of Articles 33 and 34 of the Forestry Law, 31 of the Water Law, and 7(c) of the Land and Colonization Law, authorizing buildings for private purposes in these areas is not possible. It states that protection areas, whether public or private domain, are subject to limitations that prohibit not only tree cutting but any activity that negatively affects the water resource. Building in these zones could constitute the crime of invading a protection area under Article 58 of the Forestry Law, entailing criminal liability for those who authorize or carry out such constructions. The only contemplated exception is the national convenience declaration by the Executive Branch, which permits tree cutting under strict conditions where social benefits outweigh socio-environmental costs, but does not by itself enable private construction. The opinion emphasizes that municipal authorities have the duty to prevent any action that negatively impacts springs.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "29/06/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20546.json", "html_url": "/legal/doc/pgr-20546", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20546&strTipM=T" }, { "id": "pgr-20550", "citation": "OJ-072-2018", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform of Forestry Law Art. 18 for Salt Flats and Shrimp Farms", "title_es": "Reforma del Art. 18 de la Ley Forestal para salineras y camaroneras", "summary_en": "The Attorney General's Office issues its opinion on the bill to reform Article 18 of the Forestry Law to allow sustainable production activities such as salt flats, shrimp farms, and mollusk farms within State natural heritage. It emphasizes that any such reform must be supported by sufficient technical studies conducted prior to the law's enactment, in accordance with the principles of scientifically grounded environmental protection, reasonableness, and non-regression. It warns that insufficient technical justification would violate the principle of non-regression in environmental matters, citing constitutional precedent requiring individualized scientific analyses that demonstrate environmental impact and safeguard ecological balance.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "24/07/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20550.json", "html_url": "/legal/doc/pgr-20550", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20550&strTipM=T" }, { "id": "pgr-20551", "citation": "C-144-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Outdoor advertising permits on cantonal roadways", "title_es": "Permisos de publicidad exterior en la red vial cantonal", "summary_en": "The Attorney General's Office (PGR) addresses whether a municipality may authorize the placement of signs, billboards, and advertisements on cantonal road rights-of-way despite the general prohibition in Article 28 of the General Public Roads Law. The PGR concludes that, although public roads are inalienable public domain assets and Article 28 prohibits private occupation, an exceptional possibility exists to grant precarious use permits under Article 154 of the General Public Administration Act. Distinguishing between the national and cantonal road networks, the PGR determines that the Right-of-Way and Outdoor Advertising Regulation (Decree 29253) applies only to national routes administered by MOPT, while municipalities hold the authority to regulate and grant permits for cantonal roads. Such permits are revocable at will, must not involve permanent structures, and must serve the public interest and road safety.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "19/06/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20551.json", "html_url": "/legal/doc/pgr-20551", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20551&strTipM=T" }, { "id": "pgr-20554", "citation": "OJ-076-2018", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Repeal of Article 69 of the Water Law — non-regression principle", "title_es": "Derogatoria del Artículo 69 de la Ley de Aguas — principio de no regresión", "summary_en": "The Attorney General's Office analyzes a bill to repeal Article 69 of the Water Law (No. 276), which defines the maritime zone, riverbed, channel, and basin. It concludes that the provision is still being applied by courts —as shown by rulings from the Agrarian Tribunal, the Supreme Court's First Chamber, and the Constitutional Chamber— and that its repeal would affect the application of numerous connected provisions, including criminal sanctions under the Forestry Law (Arts. 33, 34, 58) and the Wildlife Conservation Law (Arts. 100, 128). Without sufficient technical studies justifying the measure, the repeal would violate the principle of non-regression in environmental matters, recognized by constitutional case law, and could therefore be unconstitutional.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575", "wildlife-law-7317" ], "date": "01/08/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20554.json", "html_url": "/legal/doc/pgr-20554", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20554&strTipM=T" }, { "id": "pgr-20580", "citation": "C-198-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of inquiry into legality of a specific CCSS legal opinion", "title_es": "Inadmisibilidad de consulta sobre legalidad de criterio jurídico concreto de la CCSS", "summary_en": "The Office of the Attorney General declares inadmissible an inquiry from a member of parliament requesting an assessment of the scope of legal opinion DJ-2290-2018 issued by the Legal Directorate of the Costa Rican Social Security Fund (CCSS). The PGR states that its advisory function is limited to general and abstract legal issues and cannot rule on specific administrative acts, as doing so would replace the active administration and exercise a legality control it does not possess. The inquiry sought a legality review of a specific report, exceeding its advisory authority. The opinion reaffirms the PGR's consistent practice of rejecting inquiries on particular cases under Articles 3(b), 4, and 5 of its Organic Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/08/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20580.json", "html_url": "/legal/doc/pgr-20580", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20580&strTipM=T" }, { "id": "pgr-20588", "citation": "C-206-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of SUTEL's inspection powers vs. inviolability of domicile and private property", "title_es": "Alcances de la potestad inspectora de SUTEL frente a la inviolabilidad del domicilio y la propiedad privada", "summary_en": "The Attorney General clarifies that SUTEL officials may not enter domiciles or private premises protecting intimacy without prior judicial order, except for constitutional exceptions (preventing serious harm). Inspection powers over illegal operators alone do not authorize forced entry into closed property not open to the public. Removal of equipment requiring entry needs judicial authorization. SUTEL may execute measures like closure without entering by affixing seals. Only in cases of serious, imminent danger to security or network integrity could entry without judicial order be exceptionally justified.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/08/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20588.json", "html_url": "/legal/doc/pgr-20588", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20588&strTipM=T" }, { "id": "pgr-20593", "citation": "C-318-2017", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Protection of water springs: protection zones and intermittent springs", "title_es": "Protección de nacientes: áreas de protección y nacientes intermitentes", "summary_en": "The Attorney General's Office clarifies that the protection zones established in Articles 33 and 34 of the Forestry Law imply a restriction not only on tree felling but also on any construction or activity that directly or indirectly affects water resources, even on land without forest cover. It notes that protection extends to intermittent springs under Article 149 of the Water Law, which does not distinguish between permanent and intermittent springs. The absence of trees does not eliminate protection, but rather obligates reforestation under Article 148 of the Water Law. The opinion is based on a systematic interpretation of the legal framework in light of the constitutional right to a healthy and ecologically balanced environment.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "19/12/2017", "year": "2017", "json_url": "/data/legal/docs/pgr-20593.json", "html_url": "/legal/doc/pgr-20593", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20593&strTipM=T" }, { "id": "pgr-20610", "citation": "C-247-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Admissibility Requirements for Consultations to the Attorney General's Office", "title_es": "Requisitos de admisibilidad de consultas a la Procuraduría", "summary_en": "This opinion denies the admissibility of a consultation posed by the Municipality of Santa Cruz for failing to meet legal requirements. It notes that the consultation did not pose specific questions, was submitted by the Secretary of the Municipal Council rather than the administrative chief, and did not include the opinion of the legal advisor. It explains that Article 4 of the Organic Law of the Attorney General's Office (No. 6815) requires consultations to be accompanied by a detailed legal analysis from the legal advisor, issued specifically to address the doubts raised. Since these requirements were not met, the Attorney General's Office declares itself unable to issue a binding opinion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/09/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20610.json", "html_url": "/legal/doc/pgr-20610", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20610&strTipM=T" }, { "id": "pgr-20614", "citation": "OJ-088-2018", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Special regime for Northern Border Corridor Refuge requires prior technical support", "title_es": "Régimen especial para el Refugio Corredor Fronterizo Norte requiere sustento técnico previo", "summary_en": "The Attorney General's Office analyzes legislative bill 20493 proposing a special legal regime for the Northern Border Corridor National Wildlife Refuge, allowing concessions for agricultural, residential, and commercial uses on state lands currently restricted to research, training, and ecotourism. The opinion concludes the bill has legislative drafting problems and potential constitutional conflicts. It emphasizes the need for prior technical studies justifying the reduction of environmental protection, in compliance with the principle of science-based environmental decision-making and the non-regression principle, citing Constitutional Chamber precedent vote 2013-10158 on a similar bill. It warns about insufficient justification, definitional flaws, normative contradictions, and risks of unconstitutionality by infringing the intangibility of the public zone or suspending judicial evictions without distinction.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "18/09/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20614.json", "html_url": "/legal/doc/pgr-20614", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20614&strTipM=T" }, { "id": "pgr-20625", "citation": "C-248-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Declaration of Public Roads over Easements", "title_es": "Declaratoria de caminos públicos sobre servidumbres", "summary_en": "The Attorney General's Office analyzes the powers of the Municipality of Tarrazú to declare public roads, including those involving easements. It concludes that the declaration of public interest is a reasoned administrative act essential for expropriating private property, and that municipalities can declare public roads over easements if the land is acquired through transfer, purchase, or expropriation, provided technical and planning criteria are met. It emphasizes that an easement ending at private properties hardly promotes urban connectivity. The opinion clarifies that publication in La Gaceta is mandatory for the declaration of public interest under the Expropriation Law, but not for declaring public roads in general. Finally, it warns that administrative acts failing to satisfy public interest are null and must be invalidated.", "primary_topic_id": null, "topic_ids": [], "date": "24/09/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20625.json", "html_url": "/legal/doc/pgr-20625", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20625&strTipM=T" }, { "id": "pgr-20654", "citation": "C-157-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Joint judicial representation of CNC and the State under Article 18 CPCA", "title_es": "Representación judicial conjunta del CNC y el Estado bajo el artículo 18 del CPCA", "summary_en": "The PGR examines whether the National Concessions Council (CNC), as a body with instrumental legal personality, may be represented by the Attorney General's Office in administrative contentious proceedings where the State is also a defendant, provided there are no conflicting positions. It concludes that, as the Attorney General's Office is the State's natural representative in court under Articles 1 and 20 of its Organic Law, and by virtue of Article 18 of the Contentious Administrative Procedure Code, the CNC may agree to litigate under the PGR's representation. It emphasizes that the reverse is not possible: the PGR cannot delegate its representational function to an instrumental body. The opinion applies the criterion of article 18 CPCA, allowing co-defendant public entities to act under a single representation when their positions align, and reaffirms the PGR's prevailing competence.", "primary_topic_id": null, "topic_ids": [], "date": "27/06/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20654.json", "html_url": "/legal/doc/pgr-20654", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20654&strTipM=T" }, { "id": "pgr-20685", "citation": "C-251-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to annul land use and construction permits for a billboard", "title_es": "Imposibilidad de anular permiso de uso de suelo y construcción de valla publicitaria", "summary_en": "The Attorney General's Office analyzes the request of the Municipality of Montes de Oca to declare the absolute, evident, and manifest nullity of two administrative acts: land use permit No. 826-2014 and construction license No. 3460-2016, related to the installation of a billboard in a mixed-use zone. Compliance with the formal requirements of Article 173 of the General Public Administration Act is examined. Substantial procedural defects are identified: the investigating officer was irregularly appointed by the Mayor instead of the Municipal Secretary without a reasoned decision justifying such appointment, and the opening resolution failed to detail the defects of the challenged act, thereby violating the principle of notice and the right to defense. On the merits, an internal contradiction regarding jurisdiction to grant the permit—between the Ministry of Public Works and Transport (MOPT) and the Municipality—prevents the nullity from being considered evident and manifest. Consequently, the Attorney General's Office declares itself legally unable to issue a favorable opinion and recommends not proceeding with annulment through this exceptional avenue.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "26/09/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20685.json", "html_url": "/legal/doc/pgr-20685", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20685&strTipM=T" }, { "id": "pgr-20699", "citation": "C-230-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Binding nature of PGR opinions and tax obligations in indigenous territories", "title_es": "Vinculatoriedad de dictámenes de la PGR y obligaciones tributarias en territorios indígenas", "summary_en": "The opinion examines whether the opinions of the Attorney General's Office (PGR) are binding on non-consulting public entities, and which municipal taxes indigenous people must pay. The PGR concludes that its opinions are mandatory only for the consulting administration; for others they constitute guiding administrative precedent. Regarding taxes, the blanket exemption in Article 3 of Indigenous Law No. 6172 was implicitly repealed by Law No. 7293, so indigenous people are liable for municipal business license taxes if they engage in for-profit activities and for fees for actual services rendered. However, the real estate tax does not apply automatically: it requires a CONAI certificate proving indigenous status and the validity of the reserve declaration. In practice, since indigenous activities are for subsistence and artisanal, they do not trigger the selective consumption tax or the general sales tax. Additionally, cooperatives operating within social purposes do not generate profit; if they conduct commercial activities unrelated to their social function, the municipality may charge a proportional business license tax.", "primary_topic_id": null, "topic_ids": [ "indigenous-law-6172" ], "date": "13/09/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20699.json", "html_url": "/legal/doc/pgr-20699", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20699&strTipM=T" }, { "id": "pgr-20705", "citation": "C-269-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Processing use, construction, and subdivision permits in the maritime-terrestrial zone", "title_es": "Trámite de solicitudes de uso, construcción y visado en la zona marítimo terrestre", "summary_en": "The Attorney General clarifies how municipalities must process land-use, construction, and subdivision permit applications in the maritime-terrestrial zone. When studies indicate defects in the property's registration, the municipality cannot disregard the registered title outright due to the presumption of accuracy, but must promptly file a nullity action and request judicial precautionary measures while ownership is decided. If there are no studies and the applicant fails to prove ownership through a registry certification, the land is deemed public domain and the request denied. If an official detects defects, they must warn superiors; if compelled to approve, they may invoke the duty of obedience. Liability for approving irregular applications depends on proven willful misconduct or gross negligence, determined through disciplinary or civil procedures.", "primary_topic_id": null, "topic_ids": [], "date": "24/10/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20705.json", "html_url": "/legal/doc/pgr-20705", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20705&strTipM=T" }, { "id": "pgr-20730", "citation": "OJ-101-2018", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Creation of an Urban National Park in Loma Salitral and land expropriation", "title_es": "Creación de un Parque Nacional Urbano en la Loma Salitral y expropiación de terrenos", "summary_en": "The Attorney General's Office analyzes bill 20.632, which seeks to declare public interest and expropriate land in Loma Salitral to create an Urban National Park. It concludes that Loma Salitral is already protected as a Special Forest Protection Zone under the metropolitan regulatory plan and Desamparados' territorial plan, which restrict subdivisions, development and construction. It warns that the proposed new management category ('Urban National Park') fails to meet the requirements of Article 36 of the Environmental Organic Law (technical studies, feasibility, financing), is incompatible with the conservation purpose of a wilderness area, and would allow human interventions that could degrade the ecosystem. It recommends conditioning expropriation on MINAE studies, verifying property registration, adjusting the State Notary's role and complying with rules on public trusts.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575", "biodiversity-law-7788" ], "date": "25/10/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20730.json", "html_url": "/legal/doc/pgr-20730", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20730&strTipM=T" }, { "id": "pgr-20739", "citation": "C-281-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "SETENA's environmental oversight of pre-existing mining concessions and suspension of fees", "title_es": "Control ambiental de SETENA sobre concesiones mineras previas y suspensión del canon", "summary_en": "This opinion from the Attorney General's Office clarifies two issues concerning mining concessions. First, it determines that even if a mining concession had an environmental impact study approved before SETENA was created, the concession remains subject to SETENA's environmental control and follow-up, including the evaluation of renewal requests, which may require updated or new studies. Second, it establishes that the annual fee may be suspended if the concession is legally suspended and no exploitation is taking place, but not if the suspension is unjustified. The preventive principle and the State's ongoing oversight role are emphasized.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "_off-topic" ], "date": "12/11/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20739.json", "html_url": "/legal/doc/pgr-20739", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20739&strTipM=T" }, { "id": "pgr-20779", "citation": "OJ-112-2018", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Advisability of Costa Rica-Bolivia Agreement on protection and restitution of natural and cultural heritage assets", "title_es": "Conveniencia del Convenio Costa Rica-Bolivia sobre protección y restitución de bienes del patrimonio natural y cultural", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Legislative Bill No. 20841, which seeks to approve the Agreement between Costa Rica and Bolivia for the protection and restitution of natural and cultural heritage assets. It analyzes the instrument's conformity with Article 89 of the Constitution, which mandates the State to protect historical and artistic heritage and conserve natural beauty. The PGR concludes that the agreement aligns with those goals, as well as with other international treaties ratified by Costa Rica on cultural heritage and relevant domestic legislation. It highlights consistency with the bilateral Framework Cooperation Agreement, also under legislative review, and notes that the text omits a definition of assets considered cultural heritage, a gap that can be filled by other international instruments or national law. The opinion is favorable to legislative approval.", "primary_topic_id": null, "topic_ids": [ "archaeological-heritage-6703" ], "date": "16/11/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20779.json", "html_url": "/legal/doc/pgr-20779", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20779&strTipM=T" }, { "id": "pgr-20788", "citation": "OJ-115-2018", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legality of Appointments in the Foreign Service", "title_es": "Legalidad de nombramientos en el Servicio Exterior", "summary_en": "The Attorney General's Office responds to a deputy and president of the International Affairs Committee regarding whether two specific appointments at the Ministry of Foreign Affairs were lawful. The opinion holds that an individual deputy's consultation is admissible under political control due to public interest, but without binding effect. On the merits, it analyzes the special regime of the Foreign Service (Law No. 3530), which prevails over the Civil Service. It establishes that, as a general rule, foreign service functions must be carried out by career officials, with explicit exceptions for positions of trust such as ambassadors, seconded personnel, and freely appointed posts. It reaffirms the 'pro-statutory regime' principle: in the face of insufficient legal basis to exclude a position from the career regime, the general rule of inclusion prevails. It warns that administrative practices contra legem do not create rights.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/11/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20788.json", "html_url": "/legal/doc/pgr-20788", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20788&strTipM=T" }, { "id": "pgr-20891", "citation": "OJ-099-2018", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on bill to create a National Parks Service separate from SINAC", "title_es": "Dictamen sobre proyecto de ley para crear un Servicio de Parques Nacionales separado del SINAC", "summary_en": "The Attorney General's Office analyzes Bill No. 19.937, which proposes to create a National Parks Service as a separate directorate within MINAE, removing it from the National System of Conservation Areas (SINAC). It concludes that the bill would partially dismantle SINAC, an integrated management system established by the Biodiversity Law, undermining its integrality because national parks are essential for sustainable development policies. It warns that the absence of objective technical studies proving that the reform does not worsen environmental protection could render the legislative process unconstitutional, based on the principle of objectification of environmental protection under Article 50 of the Constitution.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "17/10/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20891.json", "html_url": "/legal/doc/pgr-20891", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20891&strTipM=T" }, { "id": "pgr-20901", "citation": "C-333-2018", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inapplicability of positive silence in urban planning approvals and river setbacks", "title_es": "Improcedencia del silencio positivo en visados urbanísticos y alineamientos fluviales", "summary_en": "The Attorney General's Office reconsiders its prior position and concludes that positive silence does not apply in urban planning matters or to river setback alignments for protection areas. Following constitutional and Administrative Court jurisprudence, it establishes that urban planning law is part of environmental law and thus subject to the same protective principles. Consequently, urban planning approvals, permits, and authorizations —including building plan approvals in the maritime-terrestrial zone under Decree 38441 and INVU river setbacks under Article 34 of the Forestry Law— cannot be deemed granted merely by the passage of time without an express resolution. The opinion emphasizes that protection of the environment and public domain assets prevents administrative inaction from becoming authorization, in the public interest and for the fundamental right to a healthy environment.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "procedural-environmental", "subdivision-fraccionamiento" ], "date": "20/12/2018", "year": "2018", "json_url": "/data/legal/docs/pgr-20901.json", "html_url": "/legal/doc/pgr-20901", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20901&strTipM=T" }, { "id": "pgr-20987", "citation": "C-023-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on severance pay for former employee", "title_es": "Inadmisibilidad de consulta sobre auxilio de cesantía a exfuncionario", "summary_en": "The Attorney General's Office declares inadmissible the consultation submitted by the Mayor of San Pablo regarding the possibility of paying severance to a former municipal employee who retired. The opinion states that consultations must be formulated in general and abstract terms, without referring to concrete cases or the particular situation of a specific individual. Since the consultation concerns the specific situation of a former human resources director, issuing an opinion would involve encroaching on the functions of the active Administration and disregarding the purely advisory role of the Attorney General's Office. Therefore, the advisory body refrains from issuing a substantive opinion on the matter.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/01/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-20987.json", "html_url": "/legal/doc/pgr-20987", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20987&strTipM=T" }, { "id": "pgr-20998", "citation": "OJ-013-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "ICE activities on geothermal resources in the State Natural Heritage", "title_es": "Actividades del ICE sobre recursos geotérmicos en el Patrimonio Natural del Estado", "summary_en": "The opinion addresses whether Law No. 5961, which entrusts ICE with the exclusive research, exploration, and exploitation of geothermal resources, remains in force and whether it authorizes such activities within the State Natural Heritage. The Attorney General confirms the law's validity, absent express or implied repeal or unconstitutionality. However, it concludes that the later special environmental legal framework, particularly the Forestry Law (Art. 18), restricts allowable uses in the State Natural Heritage to research, training, ecotourism, and, after a 2018 amendment, water extraction for human consumption. As the Forestry Law is special and later, it curtails the broad authorization of Law No. 5961. Consequently, ICE may only conduct geothermal resource research—not exploration or commercial exploitation—on those lands, subject to Environmental Impact Assessment.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "12/02/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-20998.json", "html_url": "/legal/doc/pgr-20998", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20998&strTipM=T" }, { "id": "pgr-20999", "citation": "OJ-014-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on the Information Society Services Bill (Electronic Commerce Law)", "title_es": "Opinión sobre el proyecto de Ley de Servicios de la Sociedad de la Información (Comercio Electrónico)", "summary_en": "The Attorney General's Office analyzes bill No. 19,012, which aims to regulate electronic commerce and other information society services. It concludes that the proposal addresses a legal gap, respects principles of functional equivalence and technological neutrality, and adopts a moderate regulation approach. However, it makes multiple recommendations of substance and form, including: harmonizing definitions with existing legislation (General Telecommunications Law, Data Protection Law, Digital Signatures Law), adjusting references to email as a valid means of contracting, considering the existence of cloud computing, and reducing proposed fine amounts. It does not address environmental matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/02/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-20999.json", "html_url": "/legal/doc/pgr-20999", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=20999&strTipM=T" }, { "id": "pgr-21029", "citation": "C-045-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Applicability of AyA Norms on Water Connections in the Maritime Land Zone", "title_es": "Aplicabilidad de normativa de AyA sobre conexiones de agua en zona marítimo terrestre", "summary_en": "The Attorney General's Office analyzes five inquiries from the Cóbano District Municipal Council regarding the relationship between the provision of potable water by AyA and concessions in the maritime land zone. Regarding the assignment of concession rights to secure debt payment, it concludes that this is not admissible because it would distort the assignment contract, turning it into an improper guarantee. As to whether the Council must pay or can be compelled to pay concessionaires' water service debts, the answer is negative: the legal relationship is personal between AyA and the user-concessionaire, with no provision transferring that obligation to the municipality. On legal mortgages, it holds that they arise ipso jure on private properties but are inapplicable to public domain lands of the maritime zone, as these are inalienable and cannot be mortgaged; any municipal act authorizing a mortgage on such land would be null. Finally, it acknowledges that the Council may issue an authorization for a concessionaire to request new water service, in accordance with the AyA Service Regulations, without that implying assumption of the debt.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "20/02/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21029.json", "html_url": "/legal/doc/pgr-21029", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21029&strTipM=T" }, { "id": "pgr-21050", "citation": "C-059-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Environmental Comptroller's powers to receive and forward complaints", "title_es": "Competencias del Contralor Ambiental en la recepción y traslado de denuncias", "summary_en": "The Attorney General's Office analyzes the powers of the Environmental Comptroller regarding health and environmental complaints. It concludes that the Comptroller can receive complaints related to the objectives of the Environmental Organic Law and related laws, but must forward them to the competent bodies (such as the Ministry of Health) for resolution. The Comptroller cannot issue orders on how to resolve them, nor set peremptory deadlines, but may request progress reports. The relationship between the Comptroller and other bodies must be governed by the principle of administrative coordination, and complaints must be resolved within a reasonable time without undue delay.", "primary_topic_id": "procedural-environmental", "topic_ids": [ "environmental-law-7554", "procedural-environmental", "_off-topic" ], "date": "28/02/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21050.json", "html_url": "/legal/doc/pgr-21050", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21050&strTipM=T" }, { "id": "pgr-21062", "citation": "OJ-024-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on Bill to Regularize State Natural and Forestry Heritage", "title_es": "Opinión sobre el proyecto de Ley para la regularización del patrimonio natural y forestal del Estado", "summary_en": "This legal opinion from the Office of the Attorney General analyzes Bill 20.407, which proposes amending the Biodiversity Law and the Forestry Law to create two differentiated regimes: State Natural Heritage, focused on conservation, and State Forestry Heritage, aimed at the sustainable use and exploitation of forest resources. The Attorney General identifies numerous inconsistencies and lack of clarity in the drafting, particularly regarding land classification and the role of forest reserves, and notes contradictions with existing legislation. It concludes that the proposal may be constitutional if it maintains an adequate balance between sustainable development and environmental protection, based on technical criteria, and suggests amendments to ensure coherence and effective environmental protection, in line with the principles of reasonableness, proportionality, and objectification of environmental protection.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "biodiversity-law-7788" ], "date": "08/03/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21062.json", "html_url": "/legal/doc/pgr-21062", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21062&strTipM=T" }, { "id": "pgr-21081", "citation": "OJ-026-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Compensation for Protected Areas and Wetlands — Validity Requirements", "title_es": "Compensación de áreas silvestres protegidas y humedales — requisitos de validez", "summary_en": "Examines the feasibility of compensating the reduction of a protected wild area (ASP) or wetland with lands located elsewhere, by paying for properties within an ASP pending expropriation, or by changing the management category of adjacent state lands. Concludes that compensating with lands already within the boundaries of an ASP (even if not yet paid) is invalid, as it implies a net decrease of the protected area. Compensation in a different site is acceptable if the land has the same environmental attributes and management category, supported by sufficient technical studies as the only alternative, and respecting the principle of non-regression. Regarding wetlands, the ecosystem itself cannot be reduced, but the limits of an ASP containing it can be modified or it can be removed from the State's natural heritage, subject to the same requirements.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788", "water-law", "forestry-law-7575" ], "date": "19/03/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21081.json", "html_url": "/legal/doc/pgr-21081", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21081&strTipM=T" }, { "id": "pgr-21094", "citation": "OJ-002-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Creation of Comprehensive Care Centers for Older Adults with Disabilities and impact on CONAPDIS's steering role", "title_es": "Creación de Centros de Atención Integral para Personas Adultas Mayores con Discapacidad y afectación de la rectoría del CONAPDIS", "summary_en": "The Attorney General's Office analyzes Bill No. 20.374, which aims to establish Comprehensive Care Centers for Adults with Disabilities. These centers already operate under agreements with the Ministry of Public Education and a study plan approved by the Higher Education Council. The bill would create a new Steering Council with significant political and administrative functions, such as approving operational policies and promoting agreements, but it would only hold ordinary sessions 4 times a year, jeopardizing the continuity of public service. Additionally, the bill would fragment the steering role in disability matters currently held by the National Council of Persons with Disabilities (CONAPDIS), by granting the new Steering Council the power to develop labor inclusion policies. This would violate the principle of unity of action and the single steering role established in Law 9303. The opinion recommends providing technical studies to justify the new institutional design and assess its impact on administrative efficiency and effectiveness.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/01/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21094.json", "html_url": "/legal/doc/pgr-21094", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21094&strTipM=T" }, { "id": "pgr-21127", "citation": "C-053-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Visado of subdivision plans facing an easement by the Urbanism Directorate", "title_es": "Visado de planos de fraccionamiento frente a servidumbre por la Dirección de Urbanismo", "summary_en": "Opinion C-053-2019 of the Attorney General's Office addresses a query from the Federated College of Engineers and Architects regarding whether the INVU's Urbanism Directorate must endorse survey plans for subdivisions facing an easement when they lack urban development purposes. The PGR concludes that the Urbanism Directorate is competent to endorse plans for subdivisions with urban development purposes that exceptionally have access via an easement, as per Article 10 of the Urban Planning Law and the Regulation for National Control of Subdivisions and Urbanizations. However, it lacks such power over simple subdivisions or those intended for agricultural, livestock, or forestry use, such as those contemplated in Article II.2.1.6 of the Regulation, which permits parcel segregations of at least 5,000 m² with frontage on special easements for agricultural, livestock, or forestry use, whose plans do not require endorsement by the Urbanism Directorate.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "22/02/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21127.json", "html_url": "/legal/doc/pgr-21127", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21127&strTipM=T" }, { "id": "pgr-21155", "citation": "OJ-030-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal nature and contracting regime of ESPH S.A.", "title_es": "Naturaleza jurídica y régimen de contratación de la ESPH S.A.", "summary_en": "The Attorney General's Office analyzes the legal nature of the Heredia Public Services Company S.A. (ESPH), concluding it is a public company owned by the municipalities, although organized as a corporation and governed by private law in its ordinary business. It details its evolution from JASEMH to Law 7789, which transformed it into a public utility corporation. It clarifies that ESPH is not subject to the Administrative Contracting Law, but must observe constitutional contracting principles when contracting with private parties. It may contract directly with public entities. It distinguishes between ordinary activity and the procurement of means to carry it out, and responds that ESPH always acts as a public company governed by private law in its contracts, regardless of the counterparty.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/04/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21155.json", "html_url": "/legal/doc/pgr-21155", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21155&strTipM=T" }, { "id": "pgr-21158", "citation": "C-101-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of legislative inquiry on JPS incentive payments", "title_es": "Improcedencia de consulta legislativa sobre pago de incentivos en la JPS", "summary_en": "The Office of the Attorney General declares inadmissible the inquiry by a legislator regarding how the Social Protection Board should proceed in paying annual bonuses, five-year bonuses, exclusive dedication, prohibition, severance and other salary incentives to its officials. Although the Legislative Assembly can be considered Public Administration for consultation in its administrative function, the Office notes that it is not empowered to issue an opinion when the question, although worded in general terms, actually seeks a legality review of a specific administrative act. In this case, the Board of Directors of the JPS already adopted an agreement (JD-070, session 06-2019) on the application of Law 9635 in relation to those same incentives, so answering would indirectly review the legality of that act, substituting the active administration and exceeding the consultative function.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/04/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21158.json", "html_url": "/legal/doc/pgr-21158", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21158&strTipM=T" }, { "id": "pgr-21183", "citation": "C-094-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "INCOP’s Ability to Make Donations to Community Development Associations", "title_es": "Posibilidad del INCOP para realizar donaciones a asociaciones de desarrollo", "summary_en": "The Attorney General’s Office analyzes whether the Pacific Ports Institute of Costa Rica (INCOP) can donate goods and services to community development associations, under Article 19 of the Community Development Law (No. 3859). It concludes that INCOP, as an autonomous institution, is generically authorized by said provision to donate movable or immovable property and provide services to these associations, without needing a special law. However, it warns that this authorization is limited by the type of property: if it is allocated to a public purpose, a law expressly disaffecting it is required before donation. The determination of which activities constitute 'services' is up to INCOP’s active administration, without prejudice to the Comptroller General’s oversight.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/04/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21183.json", "html_url": "/legal/doc/pgr-21183", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21183&strTipM=T" }, { "id": "pgr-21194", "citation": "C-132-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal status of properties encompassing the restricted zone of the maritime-terrestrial zone registered before Transitory III of Law 4558", "title_es": "Situación jurídica de propiedades que abarcan la zona restringida de la ZMT inscritas antes del Transitorio III de la Ley 4558", "summary_en": "The Attorney General's Office answers the Municipality of Quepos regarding the legal status of properties that include the restricted zone of the maritime-terrestrial zone, registered before Transitory III of Law 4558. It concludes that such registrations are absolutely null and void for violating the principles of inalienability and imprescriptibility of public domain. The nullity action must be filed before the contentious-administrative and civil treasury jurisdiction, and is imprescriptible. While the registration persists, the municipality cannot exercise public domain administration powers or recover possession administratively. Transitory III does not apply retroactively nor does it validate prior titling. Regarding constructions on those lands, if the title is null, the building permit also loses its basis; to annul it, its harmfulness (lesividad) must first be declared. Finally, the request to approve or reject the legal opinion of the municipal legal department is inadmissible.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/05/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21194.json", "html_url": "/legal/doc/pgr-21194", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21194&strTipM=T" }, { "id": "pgr-21210", "citation": "OJ-036-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "MEP investment in protected wild areas", "title_es": "Inversión del MEP en áreas silvestres protegidas", "summary_en": "The Office of the Attorney General issues an opinion on bill 20.402, which seeks to authorize the Ministry of Public Education (MEP) to invest in educational infrastructure within protected wild areas (PWA). It concludes that the proposal suffers from serious constitutional flaws: it lacks prior technical studies justifying the reduction of environmental protection, fails to establish mechanisms to determine the environmental viability of projects (such as environmental impact assessments or adherence to management plans), and grants a generic authorization giving the MEP absolute discretion without clarifying its relationship with the administrative powers of SINAC. The PGR warns of violations of the principles of objectification of environmental protection, non-regression, and prevention, derived from Article 50 of the Constitution, and recommends reconsidering the bill.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575" ], "date": "20/05/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21210.json", "html_url": "/legal/doc/pgr-21210", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21210&strTipM=T" }, { "id": "pgr-21217", "citation": "OJ-037-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Feasibility of FONASEMAR: structure, private foundation administration, and funding sources", "title_es": "Conveniencia del FONASEMAR: estructura, administración por fundación privada y fuentes de financiamiento", "summary_en": "The PGR analyzes the bill to create the National Fund to Incentivize Conservation of Ecosystem Services of the Sea and Marine and Coastal Resources (FONASEMAR). While its purpose is commendable, it highlights issues: unclear organic structure; entrusting administration to Fundación Banco Ambiental (FUNBAM), a private entity, which could lead to evasion of public controls, breach of contract with IBRD, and conflicts with public employment regimes. It warns that managing public funds through a parallel private entity hinders oversight. It questions the reasonableness and proportionality of a ten-dollar-per-ton cargo levy and the feasibility of taxing maritime imports due to potential non-tariff barriers. Finally, it recommends weighing these observations before approving the initiative.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "_off-topic" ], "date": "21/05/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21217.json", "html_url": "/legal/doc/pgr-21217", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21217&strTipM=T" }, { "id": "pgr-21249", "citation": "OJ-051-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Criminal liability of legal persons for corruption offenses", "title_es": "Responsabilidad penal de personas jurídicas por delitos de corrupción", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on bill 21.248, which proposes establishing criminal liability of legal persons for domestic bribery, transnational bribery, and other corruption offenses. The opinion analyzes the constitutionality of this figure in light of the principles of legality, specificity, proportionality, and reasonableness, as well as the evolutive interpretation of the concept of 'person' in Article 39 of the Constitution. It concludes that it is feasible to design a system of subjective criminal liability and self-responsibility for legal persons, based on the theory of ethical-social culpability, provided that due process guarantees are respected. It also justifies the choice of criminal jurisdiction and the assignment of investigation to the Public Prosecutor's Office and the OIJ, highlighting international models and the precedent of the 'agiotaje' offense in Costa Rica.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/06/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21249.json", "html_url": "/legal/doc/pgr-21249", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21249&strTipM=T" }, { "id": "pgr-21404", "citation": "OJ-071-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Adding an environmental prohibitions and moratoriums article to the Organic Environmental Law", "title_es": "Adición del artículo 28 de la Ley Orgánica del Ambiente para autorizar prohibiciones y moratorias ambientales", "summary_en": "The Attorney General's Office issues an opinion on a bill to add a paragraph to Article 28 of the Organic Environmental Law (file 20.129), which would empower the Executive Branch and municipalities to declare absolute prohibitions or environmental moratoriums when there is a risk of serious or irreversible damage. It analyzes the precautionary principle, its recognition in constitutional case law and international instruments like the Rio Declaration, and conflicting judicial precedents on municipal authority to adopt such measures without an enabling law. The Office suggests modifying the title, placing the provision in a standalone article, and requiring reasonableness and proportionality in the duration and measures. It concludes by recommending that these observations be considered, without opining on the bill's approval.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "24/07/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21404.json", "html_url": "/legal/doc/pgr-21404", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21404&strTipM=T" }, { "id": "pgr-2143", "citation": "C-045-1994", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Flaws in Decree 22665-MP-J-TUR on Papagayo concessions without demarcation", "title_es": "Vicios del Decreto 22665-MP-J-TUR sobre concesiones en Papagayo sin amojonamiento", "summary_en": "The Attorney General's Office analyzes Executive Decree 22665-MP-J-TUR, which authorized the National Cadastre to register concession plans in the Papagayo Tourist Project without the prior demarcation of the public zone or approval by the IGN. It concludes that the decree is absolutely null and void because it violates the principle of equality and the principle of non-waivability of regulations, by exempting specific parties from general requirements for demarcating the public zone established in the Maritime Zone Law and its regulations. It also constitutes an excess of power in exercising regulatory authority, thereby breaching constitutional and legal provisions that mandate the protection of public domain and administrative legality.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "16/03/1994", "year": "1994", "json_url": "/data/legal/docs/pgr-2143.json", "html_url": "/legal/doc/pgr-2143", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=2143&strTipM=T" }, { "id": "pgr-21435", "citation": "C-200-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Use of seized and forfeited funds by ICD for operational expenses", "title_es": "Destino de dineros comisados y decomisados del ICD para gastos operativos", "summary_en": "The Costa Rican Drug Institute consulted whether it could use seized funds and interest from forfeited money to finance operational expenses in cases of urgency and necessity. The Attorney General's Office opines that money from seizures and interest from forfeited funds must be used exclusively for prevention and enforcement programs as established in Articles 85 and 87 of Law 8204. These resources cannot be diverted to ordinary operational expenses unless there is a state of necessity and urgency constituting a declared emergency under the National Emergency Law, which justifies an exceptional legal regime. The budget restrictions affecting the ICD do not qualify as a state of necessity and urgency but merely as \"mere urgency\" which does not authorize changing the legal purpose of the funds. Article 84 of Law 8204, which allows forfeited assets to be used for other purposes in qualified cases, does not apply to seized money or interest from forfeited money.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/07/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21435.json", "html_url": "/legal/doc/pgr-21435", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21435&strTipM=T" }, { "id": "pgr-21460", "citation": "OJ-077-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Sawfish protection and amendment to article 39 of the Fisheries Law", "title_es": "Protección del pez sierra y reforma al artículo 39 de la Ley de Pesca", "summary_en": "The opinion analyzes bill 20445, which seeks to ban the hunting and capture of sawfish (family Pristidae) by amending article 39 of the Fisheries and Aquaculture Law. The Attorney General's Office concludes the initiative aligns with Costa Rica's international commitments under the Convention on Migratory Species (CMS) and CITES, which already mandate protection for this endangered species. The measure is also consistent with Article 50 of the Constitution and principles of biodiversity protection and sustainable development. It notes that INCOPESCA already established a permanent closed season via administrative agreement, but the bill would elevate the ban's legal rank. The opinion recommends clarifying whether the prohibition is absolute or allows exceptions for scientific research to avoid future interpretive conflicts. The PGR does not object to the bill, leaving the final decision to the Legislative Assembly.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "09/08/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21460.json", "html_url": "/legal/doc/pgr-21460", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21460&strTipM=T" }, { "id": "pgr-21469", "citation": "OJ-087-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Unconstitutionality of titling lands in the Golfo Dulce Forest Reserve without prior declassification", "title_es": "Inconstitucionalidad de titular tierras en la Reserva Forestal Golfo Dulce sin desafectación previa", "summary_en": "The Attorney General's Office analyzes bill No. 20770, which sought to add two transitory provisions to the Forestry Law to allow the titling of lands within the Golfo Dulce Forest Reserve and the Osa Settlement. It concludes that the initiative suffers from constitutional defects because it permits the titling of public domain property without express and specific declassification, recognizes illegal occupation as valid possession for adverse possession, and fails to meet the jurisprudential requirements for reducing or declassifying protected wild areas, such as prior technical studies and environmental compensation measures. It warns that occupation of state natural heritage lands does not generate possessory rights and that any declassification must conform to parameters set by the Constitutional Chamber, including the requirement that qualifying possession predate the establishment of the protected area.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "14/08/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21469.json", "html_url": "/legal/doc/pgr-21469", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21469&strTipM=T" }, { "id": "pgr-21543", "citation": "C-265-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Declaration of historical-architectural heritage on unregistered properties", "title_es": "Declaratoria de patrimonio histórico-arquitectónico sobre inmuebles no inscritos en el Registro Nacional", "summary_en": "This opinion responds to the Ministry of Culture and Youth's inquiry regarding Law 7555 on Historical-Architectural Heritage, specifically whether a heritage declaration can apply to unregistered properties and how to ensure publicity and legal certainty without a registered title. The Attorney General concludes that such declarations are legally possible, grounded in the fundamental right to a healthy environment and cultural heritage protection (Articles 50 and 89 of the Constitution) and international commitments. The social-interest limitations imposed by Law 7555 do not require compensation and are not conditional on registration. Publicity can be ensured through signage on the property, municipal vigilance, and periodic inspections.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/09/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21543.json", "html_url": "/legal/doc/pgr-21543", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21543&strTipM=T" }, { "id": "pgr-21593", "citation": "OJ-123-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Insufficient technical support and flaws in bill to reinstate trawling", "title_es": "Sustento técnico insuficiente y vicios en proyecto para reestablecer pesca de arrastre", "summary_en": "The Attorney General's Office analyzes bill 21478, which sought to reactivate shrimp trawling, banned by Constitutional Court ruling 10540-2013 for violating the right to a healthy environment and the principle of democratic sustainable development. Although the Court left open the possibility of reinstating it through legal reform conditioned on scientific evidence demonstrating a significant reduction in bycatch compatible with that principle, the opinion concludes that the study supporting the bill is insufficient because it does not assess all the environmental, social, and socioeconomic impacts required by constitutional jurisprudence. It also warns that the proposal exceeds the scope of the research by allowing fishing throughout the Pacific and Caribbean, authorizing suripera nets without studies, and removing the ban in estuaries, which could create regulatory conflicts with the protection of the State's Natural Heritage.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "10/10/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21593.json", "html_url": "/legal/doc/pgr-21593", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21593&strTipM=T" }, { "id": "pgr-21599", "citation": "OJ-102-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bill to tax visitors to Manuel Antonio National Park", "title_es": "Proyecto de ley de impuesto a visitantes del Parque Nacional Manuel Antonio", "summary_en": "The Attorney General's Office analyzes bill 21000, which would create a 5% tax on the entrance fee to Manuel Antonio National Park, collected by SINAC and transferred to the Municipality of Quepos. It recalls that tax creation is an exclusive power of the Legislative Assembly and must respect constitutional principles of legality, equality, generality, and material tax justice. It warns that both SINAC and the Municipality would be subject to Value Added Tax (VAT) for the recreational services provided, under Law 9635. It concludes that the bill shows no legal or constitutional defects, but its approval is a political decision for the deputies.", "primary_topic_id": "_off-topic", "topic_ids": [ "biodiversity-law-7788", "_off-topic" ], "date": "09/09/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21599.json", "html_url": "/legal/doc/pgr-21599", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21599&strTipM=T" }, { "id": "pgr-21633", "citation": "OJ-127-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Scope of the PGR's Advisory Function on Legislative Bills", "title_es": "Alcance de la función consultiva de la PGR sobre proyectos de ley", "summary_en": "The Attorney General's Office (PGR) clarifies that its legal opinions addressed to the Legislative Assembly or individual deputies are non-binding criteria issued in a spirit of collaboration. The PGR's advisory function is limited to the Public Administration, but it exceptionally handles legislative consultations regarding legality, constitutionality, or legislative technique, without replacing the competencies of other bodies. It confirms that OJ-123-2019 is an official criterion endorsed by the Attorney General, though it does not bind the Agricultural Affairs Committee or the Plenary. The PGR states that it cannot rule on the appropriateness or convenience of a bill, such as whether File 21478 guarantees social rights, as that falls within the discretionary power of the legislator. Its analysis is confined to highlighting legal risks, such as potential constitutional flaws in relation to Constitutional Chamber ruling 10540-2013 on shrimp trawling.", "primary_topic_id": null, "topic_ids": [], "date": "30/10/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21633.json", "html_url": "/legal/doc/pgr-21633", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21633&strTipM=T" }, { "id": "pgr-21684", "citation": "C-351-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Unilateral conversion of a cantonal street into a national or traverse route by MOPT and CONAVI after Law 9329", "title_es": "Conversión unilateral de calle cantonal en ruta nacional o de travesía por el MOPT y CONAVI tras la Ley 9329", "summary_en": "The Attorney General's Office concludes that, despite the transfer of competence over the cantonal road network to municipalities under Law 9329, MOPT and CONAVI retain the power to designate local streets as traverse routes when a national highway passes through a populated area, provided prior coordination with the relevant municipality. The cantonal road network is defined residually: any public road not included in the national network. MOPT/CONAVI works affecting cantonal roads require public interest, technical foundation, and municipal coordination. Declarations of national or traverse routes are administrative acts subject to annulment rules. If flawed, interested parties may challenge them via administrative appeals or judicial annulment before the contentious-administrative jurisdiction, and CONAVI itself may annul them under the General Public Administration Act or the lesividad procedure.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/11/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21684.json", "html_url": "/legal/doc/pgr-21684", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21684&strTipM=T" }, { "id": "pgr-21705", "citation": "C-368-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Measuring road alignment: technical authority of MOPT", "title_es": "Medición del alineamiento vial: competencia técnica del MOPT", "summary_en": "The Office of the Attorney General (PGR) analyzes the query from the Mayor of Puriscal regarding how to measure the right-of-way for road alignment (fence-to-fence or from the center of the road to the fence). After reviewing applicable legislation (Construction Law, General Public Roads Law, and Law 9329 transferring cantonal road network competencies), the PGR determines that municipal authorities set local road alignment but must follow technical guidelines issued by the Ministry of Public Works and Transport (MOPT) in its supervisory and guiding role. However, citing its own Organic Law, the PGR clarifies that its mandate is strictly legal, not technical; thus, it cannot rule on the measurement method. Since no explicit regulation governs the technique, the PGR concludes that the municipality is free to request a technical opinion directly from the MOPT, which holds the authority to advise on such matters.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/12/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21705.json", "html_url": "/legal/doc/pgr-21705", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21705&strTipM=T" }, { "id": "pgr-21744", "citation": "C-377-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to issue opinion on single-salary regime due to lack of precision in consultation", "title_es": "Imposibilidad de emitir criterio sobre régimen de salario único por falta de precisión en la consulta", "summary_en": "The Attorney General's Office declares the consultation submitted by the Administrative Board of the Municipal Electrical Service of Cartago (JASEC) regarding the single-salary regime inadmissible. The consultation fails to meet the admissibility requirement of posing clear, precise, and abstract questions on legal matters, as it merely transcribes internal legal opinions without formulating a specific query. The Attorney General's Office reiterates that it cannot infer or interpret the petitioner's intent to delineate the subject of the consultation, as this would entail issuing a binding opinion on an undefined matter, thereby contravening its Organic Law. Consequently, it refrains from issuing the requested opinion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/12/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21744.json", "html_url": "/legal/doc/pgr-21744", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21744&strTipM=T" }, { "id": "pgr-2175", "citation": "C-128-1991", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Authority for mining permits and concessions in marine areas", "title_es": "Competencia para permisos y concesiones mineras en áreas marinas", "summary_en": "The PGR examines whether the Directorate of Geology, Mines and Hydrocarbons may process applications for mining permits and concessions in marine areas. It concludes that, under current law, the authority to grant exploitation and exploration rights over marine mineral resources lies exclusively with the Legislative Assembly, pursuant to Article 4(2) of the Mining Code, read in conjunction with Article 121(14), second-to-last paragraph, of the Constitution. The Directorate of Geology lacks express legal authority to independently process such applications, though it may assist the Assembly technically if specifically tasked. The opinion corrects an erroneous cross-reference and clarifies that the Mining Code and its regulations are tailored to terrestrial activities and do not apply to marine areas absent a specific enactment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/07/1991", "year": "1991", "json_url": "/data/legal/docs/pgr-2175.json", "html_url": "/legal/doc/pgr-2175", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=2175&strTipM=T" }, { "id": "pgr-21756", "citation": "C-011-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on JAPDEVA lands in Limón due to judicialization and private interests", "title_es": "Inadmisibilidad de consulta sobre terrenos de JAPDEVA en Limón por judicialización y particulares", "summary_en": "The Office of the Attorney General declares inadmissible a query from Deputy Marolin Azofeifa Trejos regarding the legal status of farm No. 96658 in Limón, land measurement rectification by JAPDEVA, validity of private titles, and potential sale or donation of lands. The Attorney General bases inadmissibility on four grounds: (1) the right of petition does not apply to public officials acting as such, nor does it compel issuance of legal opinions; (2) several questions entail active administration decisions beyond the advisory role; (3) there are ongoing judicial proceedings concerning the same lands (dockets 05-160088-0507-AG and 13-5568-1027-CA), and abstaining avoids jurisdictional interference; and (4) the query might serve private interests, which fall outside political oversight function and the advisory competence of the Office. The Attorney General therefore refrains from issuing an opinion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/01/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-21756.json", "html_url": "/legal/doc/pgr-21756", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21756&strTipM=T" }, { "id": "pgr-21788", "citation": "C-306-2019", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Use of Law 9329 funds for street cleaning and upkeep", "title_es": "Uso de recursos de la Ley 9329 para limpieza y aseo de vías", "summary_en": "The General Attorney of the Republic interprets Law No. 9329 on the transfer of cantonal road network competencies to municipalities. The query asks whether these funds can be used for street cleaning. The PGR concludes that Law No. 9329 and Law No. 8114 funds are designated for road infrastructure works, not for services like cleaning. It defines public ornamentation as elements that beautify public works within the right-of-way, and establishes that cleaning such elements must be financed through the fee under Article 83 of the Municipal Code. Therefore, Law No. 9329 funds cannot be used for street cleaning.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/10/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21788.json", "html_url": "/legal/doc/pgr-21788", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21788&strTipM=T" }, { "id": "pgr-21802", "citation": "OJ-155-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Review of the bill on tax exemption regimes and non-subjection to tax payment", "title_es": "Revisión del proyecto de ley de regímenes de exenciones y no sujeciones de pago de tributos", "summary_en": "The Office of the Attorney General reviews the substitute text of bill No. 19531, which aims to regulate the granting, control, use, and destination of tax exemptions, and to establish a sanctioning regime. The opinion notes that the bill complements and strengthens Law No. 7293 by introducing agile procedures for revoking authorizations, tax settlement, and fiscal control, without constitutional or legal defects. Specific adjustments are recommended, such as correcting the wording of articles 12 and 21 to refer to revocation of authorization rather than the exemption itself, and aligning prescription periods with the Tax Code. It also warns about the potential ineffectiveness of exemption regimes if prior fiscal impact projections are required. Overall, the AG’s Office endorses the bill as a comprehensive reform of Law No. 7293.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/12/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-21802.json", "html_url": "/legal/doc/pgr-21802", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21802&strTipM=T" }, { "id": "pgr-21818", "citation": "C-045-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of inquiry on municipal asset disposal due to the Comptroller General's jurisdiction", "title_es": "Inadmisibilidad de consulta sobre disposición de bienes municipales por competencia de la Contraloría General de la República", "summary_en": "The Office of the Attorney General of the Republic declares inadmissible the inquiry submitted by the Municipality of Coto Brus regarding the disposition of municipal assets (donation, alienation, concession, precarious use permit, auction, public bidding, commodatum), as it pertains to the oversight of public finances, which is the prevailing, exclusive, and excluding jurisdiction of the Comptroller General of the Republic, pursuant to Articles 183 and 184 of the Political Constitution and its Organic Law. The Municipality had already posed the same query to the Comptroller, who responded via official letter DCA-3496. Nonetheless, as a gesture of collaboration, the Attorney General cites several previous opinions concerning the precarious use permit over public domain assets (Article 154 of the General Public Administration Law and Article 169 of the Administrative Contracting Regulation) and the commodatum agreement (Articles 1334-1342 of the Civil Code), highlighting the precarious and revocable nature of use permits and the characteristics of commodatum.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/02/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-21818.json", "html_url": "/legal/doc/pgr-21818", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21818&strTipM=T" }, { "id": "pgr-21852", "citation": "C-071-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of Legislative Deputy’s Inquiry on Banco Cooperativo Costarricense", "title_es": "Inadmisibilidad de consulta de diputada sobre Banco Cooperativo Costarricense", "summary_en": "The Office of the Attorney General of Costa Rica (Procuraduría General de la República) rules inadmissible an inquiry made by a legislative deputy regarding the legal nature of the Banco Cooperativo Costarricense R.L. The query was expressly aimed at answering a private individual — an elderly person — rather than assisting the deputy in her parliamentary duties. The PGR underscores that under its Organic Law, its advisory mandate is reserved for the Public Administration, and while it has traditionally provided non-binding legal opinions to the Legislative Assembly to support political oversight or bill drafting, such collaboration cannot be used to channel private interests. Because the request here was solely to benefit a third party, it falls outside the PGR’s institutional role and would divert its advisory function from public to private ends. Consequently, the petition is declared inadmissible, and no opinion is issued.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/03/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-21852.json", "html_url": "/legal/doc/pgr-21852", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21852&strTipM=T" }, { "id": "pgr-21857", "citation": "C-080-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on effects of Law 9635 on collective bargaining agreement", "title_es": "Inadmisibilidad de consulta sobre efectos de Ley 9635 en convención colectiva", "summary_en": "The consultation submitted by the Municipality of Alajuela regarding the effects of Law 9635 on its collective bargaining agreement was declared inadmissible by the Attorney General's Office. The request failed to meet the requirement established in Article 4 of the Organic Law of the Attorney General's Office, which mandates attaching a detailed legal opinion directly addressing all the questions posed. The attached legal report (MA-PSJ-043-2020) did not specifically answer the Municipality's questions, thus failing to satisfy this requirement. Consequently, the Attorney General's Office refrained from issuing a binding opinion on matters such as salary step payments, the effects of a pending constitutional challenge, and payroll adjustments for overpayments. The decision is grounded in established administrative jurisprudence regarding the admissibility requirements for consultations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/03/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-21857.json", "html_url": "/legal/doc/pgr-21857", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21857&strTipM=T" }, { "id": "pgr-21883", "citation": "C-083-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Issuance of construction permits in drinking water catchment areas", "title_es": "Emisión de licencias de construcción en áreas de captación de agua potable", "summary_en": "The Office of the Attorney General (PGR) analyzes whether municipalities can grant construction permits for infrastructure works on lands surrounding drinking water catchment sites or intakes, within a radius of no less than 200 meters, as per Article 31 of the Water Law and Article 33 of the Forestry Law. It concludes that such areas, when the spring supplies a population, are public domain (demanial) and therefore inalienable and imprescriptible. On these lands, authorizing buildings for private purposes is prohibited, as their purpose is to guarantee water purity and the right to a healthy environment. Only works linked to the public drinking water service are allowed. The protection areas under Article 33 of the Forestry Law (100 meters) may overlap with demanial ones and, even if privately owned, prevent tree felling and any construction that could affect the spring. Issuing a permit in contravention is illegal and results in absolute nullity.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "13/03/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-21883.json", "html_url": "/legal/doc/pgr-21883", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21883&strTipM=T" }, { "id": "pgr-21887", "citation": "OJ-053-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on the comprehensive reform of the Notarial Code", "title_es": "Criterio sobre la reforma integral al Código Notarial", "summary_en": "The Attorney General's Office analyzes the bill for a comprehensive reform of the Notarial Code (Legislative File No. 20079). It points out that many of the proposed reforms are already addressed by existing special regulations, so their need should be assessed. It warns that the bill, far from strengthening legal certainty, undermines it, and that some amendments may conflict with the current legal system. It identifies inconsistencies in legislative drafting, erroneous cross-references, and potential constitutional issues, such as requiring health examinations for notary registration and tacitly eliminating the institutional notary. It concludes that the bill could have serious constitutional problems, but its approval is the exclusive competence of the Legislative Assembly.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "25/03/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-21887.json", "html_url": "/legal/doc/pgr-21887", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21887&strTipM=T" }, { "id": "pgr-21896", "citation": "OJ-054-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Renaming Cerro Caraigres to Cerro Dragón and its legal implications", "title_es": "Cambio de nombre del Cerro Caraigres a Cerro Dragón y sus implicaciones", "summary_en": "The Attorney General's Office reviews a bill to rename Cerro Caraigres to Cerro Dragón. While formally a name change, the bill confusingly includes provisions assigning environmental protection duties to MINAE and MAG and declares the importance of protecting the surrounding area—potentially creating a new management category or expanding the existing Caraigres Protected Zone. The PGR notes the bill lacks the technical studies required by Articles 36 of the Organic Environmental Law and 58 of the Biodiversity Law (physiogeographic, socioeconomic, biodiversity, and land tenure studies) to establish or expand protected areas. The National Nomenclature Commission opposed the renaming because Caraigres is of Huetar indigenous origin and already appears on national maps. The PGR advises the Legislative Assembly to consider these observations.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "25/03/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-21896.json", "html_url": "/legal/doc/pgr-21896", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21896&strTipM=T" }, { "id": "pgr-21933", "citation": "C-146-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Administrative annulment of municipal approval of Calle Hermes cadastral plan denied for lack of evident and manifest nullity", "title_es": "Improcedencia de anulación administrativa del visado municipal del plano de Calle Hermes por falta de nulidad evidente y manifiesta", "summary_en": "The Office of the Attorney General of Costa Rica analyzes the request of the Municipal Council of Tarrazú to declare the absolute, evident, and manifest nullity of the municipal approval (visado) of cadastral plan SJ-2121618-2019, which rectified the size of a property and recorded its access via a public street ('Calle Hermes') rather than an easement. The Municipality argued the access is not a public road but an easement, and that the approval was irregularly granted. The Attorney General's Office determines that the approval is an act declaratory of rights, thus subject to the procedure under Article 173 of the General Public Administration Law. However, upon reviewing the administrative file, it concludes that the alleged nullity is not evident and manifest, given that 'Calle Hermes' had been inventoried as a public street since 2007 and was so classified at the time of the approval, making it impossible to deem the irregularity as gross or obvious. Therefore, it does not issue the required favorable opinion for administrative annulment.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "21/04/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-21933.json", "html_url": "/legal/doc/pgr-21933", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21933&strTipM=T" }, { "id": "pgr-21941", "citation": "C-145-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of Consultation on Appointment of Manager for the Comisión de Manejo y Ordenamiento de la Cuenca Alta del Río Reventazón", "title_es": "Inadmisibilidad de consulta sobre nombramiento del gerente de la Comisión de Manejo y Ordenamiento de la Cuenca Alta del Río Reventazón", "summary_en": "The Procuraduría General de la República declares inadmissible a congressional deputy's consultation regarding the appointment procedure for the manager of the Comisión de Manejo y Ordenamiento de la Cuenca Alta del Río Reventazón. Although the questions are framed abstractly, the background reveals they aim to resolve a specific situation: a board member submitted their résumé to participate in the hiring competition for the manager position and requested unpaid leave to be contracted. The PGR reiterates its doctrine on the limits of its advisory function: it can only rule on legal questions posed in general and abstract terms, without referring to specific cases or seeking to review administrative acts or decisions of the active administration. Answering the consultation would imply invading others' competencies and distorting its role as a consulting body.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/04/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-21941.json", "html_url": "/legal/doc/pgr-21941", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21941&strTipM=T" }, { "id": "pgr-21943", "citation": "OJ-070-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bill 20609: Declassification of the Maritime-Terrestrial Zone", "title_es": "Proyecto de Ley 20609: Desafectación de la Zona Marítimo Terrestre", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 20609, which proposes to declassify the restricted zone of the maritime-terrestrial zone and allow concessions in the public zone. It concludes that the bill has possible constitutional flaws and recommends not approving it. It relies on Constitutional Chamber precedents declaring the maritime-terrestrial zone as inalienable public domain, subject to the principle of intangibility. A generalized declassification without technical studies would violate the principle of objective environmental protection, the preventive principle, the principle of non-regression, and the irreducibility of protected areas. Furthermore, conceding the public zone departs from the exceptional criteria that the Constitutional Chamber admitted only under regulatory plans and environmental viability. The bill would also legitimize illegal occupations and affect lands of the State's Natural Heritage.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "23/04/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-21943.json", "html_url": "/legal/doc/pgr-21943", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21943&strTipM=T" }, { "id": "pgr-21980", "citation": "OJ-072-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutionality of excluding islands from the Maritime-Terrestrial Zone regime", "title_es": "Constitucionalidad de excluir islas del régimen de zona marítimo terrestre", "summary_en": "The Office of the Attorney General analyzes Bill 21008, amending the Maritime-Terrestrial Zone Law. It warns that excluding most of the islands Chira, Caballo, and Venado from the maritime-terrestrial zone —keeping only a 200-meter strip from the high-water mark— and transferring the rest to INDER for titling to residents, would entail a demanial mutation and declassification of environmental public domain assets. It notes that under constitutional case law, islands are inalienable public domain property by constitutional and legal mandate, and any declassification requires a superior public interest and prior technical studies, which the bill lacks. It also objects to other reforms for potential conflicts with natural heritage protection, coastal planning, and the San Lucas Island protection regimes.", "primary_topic_id": null, "topic_ids": [], "date": "11/05/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-21980.json", "html_url": "/legal/doc/pgr-21980", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21980&strTipM=T" }, { "id": "pgr-21984", "citation": "C-170-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of individual inquiry on road infrastructure bill", "title_es": "Inadmisibilidad de consulta individual sobre proyecto de ley de infraestructura vial", "summary_en": "The request from Congresswoman Yorleni León Marchena regarding Legislative Bill No. 21,929, which seeks to approve a cooperation agreement and loan contract for road infrastructure, was ruled inadmissible. The Attorney General's Office affirmed it only handles inquiries on bills submitted by the Legislative Committees responsible for their discussion, not those posed by individual legislators without the endorsement of the corresponding parliamentary body. Precedents such as OJ-127-2019 are cited, and while the Office occasionally collaborates with the Legislative Assembly, this inquiry fails to meet the admissibility criteria set by the Office itself; therefore, no opinion on the bill's content is provided.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/05/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-21984.json", "html_url": "/legal/doc/pgr-21984", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=21984&strTipM=T" }, { "id": "pgr-22029", "citation": "OJ-077-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Possibility of donating seized wood to non-profit organizations", "title_es": "Posibilidad de donar madera decomisada a organizaciones sin fines de lucro", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 21.256, which proposes amending Article 65 of Forestry Law 7575. Currently, only the Ministry of Public Education can receive seized and unauctioned wood, as well as wood from natural disasters or road expansions. The bill seeks to allow donations to non-profit organizations. The PGR recognizes the public interest of these organizations but recommends that the Legislative Assembly assess the real need for the amendment based on data on how much of the donated wood is actually used by the Ministry of Education. If the MEP uses all or most of it, the reform may be unnecessary. The opinion also suggests considering other public institutions and establishing a minimum guaranteed percentage for the MEP. Finally, it recommends amending Article 6(q) to avoid conflicting interpretations.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "04/06/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22029.json", "html_url": "/legal/doc/pgr-22029", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22029&strTipM=T" }, { "id": "pgr-22034", "citation": "OJ-082-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutionality of transforming Isla San Lucas into a National Park", "title_es": "Viabilidad constitucional de transformar Isla San Lucas en Parque Nacional", "summary_en": "The Attorney General's Office analyzes Legislative Bill No. 21.287, which would create Isla San Lucas National Park by transforming the existing Wildlife Refuge into a national park and establishing an Administrative Board for its management. The opinion warns of several constitutional risks: expanding commercial and tourism activities without adequate technical-scientific support could violate the principle of non-regression and the right to a healthy environment; transferring the administration of the protected area to a multi-stakeholder board could strip SINAC of its specialized functions; the proposed master plan would replace the environmental management plan, undermining technical planning of the area; and the territorial delimitation excludes marine areas and islets, which would be an illegal reduction of the protected area without technical studies. The opinion recommends integrating tourism initiatives into the existing management plan and ensuring institutional coordination without delegating technical responsibilities.", "primary_topic_id": null, "topic_ids": [], "date": "09/06/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22034.json", "html_url": "/legal/doc/pgr-22034", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22034&strTipM=T" }, { "id": "pgr-22039", "citation": "OJ-083-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Conflict of interest in Sutel's regulatory work and FONATEL administration", "title_es": "Conflicto de intereses en la labor regulatoria de Sutel y la administración de FONATEL", "summary_en": "The Office of the Attorney General of the Republic responds to a deputy's inquiry on whether a conflict of interest exists or the role of the Superintendency of Telecommunications (Sutel) is distorted by simultaneously regulating operators and administering the National Telecommunications Fund (FONATEL), which is funded by those same operators. It analyzes the sectoral legislation —Law of the Regulatory Authority for Public Services (No. 7593), Law for Strengthening and Modernization of Public Entities of the Telecommunications Sector (No. 8660), and General Telecommunications Law (No. 8642)— and concludes there is no normative antinomy or inherent conflict of interest. It emphasizes that imposing and supervising universal service obligations is part of the regulatory mandate, and fund management is instrumental to that end. It notes the framework provides a strict regime of incompatibilities, prohibitions, and integrity duties to prevent conflicts, and that awarding projects through public tender is consistent with the regulator's technical role.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/06/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22039.json", "html_url": "/legal/doc/pgr-22039", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22039&strTipM=T" }, { "id": "pgr-22062", "citation": "OJ-035-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legislative Assembly's failure to comply with Constitutional Chamber ruling 3923-2007 on precautionary measures in Forestry Law Article 28", "title_es": "Incumplimiento de la Asamblea Legislativa con la orden de la Sala Constitucional en el voto 3923-2007 sobre medidas precautorias en el artículo 28 de la Ley Forestal", "summary_en": "Legal Opinion OJ-035-2020 from the Attorney General's Office responds to the Ministry of Foreign Affairs regarding judicial avenues to enforce Constitutional Chamber ruling No. 3923-2007, which declared an unconstitutional omission in Article 28 of the Forestry Law for failing to establish precautionary measures for environmental protection. The Attorney General concludes that the only available judicial remedy is for the parties to the constitutional proceeding to request the Constitutional Chamber to reiterate its order to the Legislative Assembly through coercive orders. In this case, the party already activated that remedy, leading to ruling No. 9493-2016 which reiterated the order. It also analyzes the bills introduced to cure the omission, noting that none have been approved, and two (No. 20605 and No. 21571) are pending or recently introduced without consultation.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "13/02/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22062.json", "html_url": "/legal/doc/pgr-22062", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22062&strTipM=T" }, { "id": "pgr-22087", "citation": "OJ-088-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform of the inalienable zone of Law 65 of 1888 and constitution of a trust", "title_es": "Reforma a la zona inalienable de la Ley 65 de 1888 y constitución de fideicomiso", "summary_en": "The Attorney General’s Office analyzes Bill 20511, which seeks to reform Article 1 of Law 65 of 1888, declaring an inalienable zone to protect the aquifers supplying water to the provinces of Alajuela, Heredia, and San José. The bill proposes annexing a portion of that zone to Braulio Carrillo National Park and allowing the rest to be subject to use restrictions by MINAE decree, without prior technical studies discussed in the legislative forum. The PGR notes that this violates the principle of objectification of environmental protection and constitutional case law, which requires any reduction of a protected area to be done by law and based on technical criteria. It also cautions that recognition of property rights in the inalienable zone must meet the requirements of legitimate ten-year possession prior to the inalienability declaration, and that creating a trust to administer the zone requires a feasibility analysis and must not remove public funds from ordinary controls. The composition of the administrative board with a majority of private parties handling public funds raises legal regime and liability issues. The PGR recommends considering these observations, without issuing a binding opinion.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "property-and-titling", "_off-topic" ], "date": "24/06/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22087.json", "html_url": "/legal/doc/pgr-22087", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22087&strTipM=T" }, { "id": "pgr-22090", "citation": "OJ-087-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Tuna fishing reform requires technical criteria", "title_es": "Reforma sobre pesca de atún requiere criterios técnicos", "summary_en": "The Attorney General's Office analyzes Bill 21,316, which would amend the Fisheries and Aquaculture Law (No. 8436) regarding tuna fishing. It notes that although the Legislative Assembly is not bound by the Administrative Court ruling No. 84-2018-I, which is not yet final, any regulation of hydrobiological resources must be based on technical criteria and the duty to balance economic exploitation with conservation of the marine environment. It invokes Article 50 of the Constitution, the principle of objectification of environmental protection, the preventive principle of the Biodiversity Law No. 7788, and the UN Convention on the Law of the Sea. It warns that establishing exclusion zones for purse seine vessels without technical studies may not be opposable to other States. It concludes by recommending that these observations be weighed without issuing a binding opinion.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "23/06/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22090.json", "html_url": "/legal/doc/pgr-22090", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22090&strTipM=T" }, { "id": "pgr-22091", "citation": "C-235-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of individual legislator consultation on tuna fishing bill", "title_es": "Inadmisibilidad de consulta legislativa individual sobre proyecto de ley de pesca de atún", "summary_en": "The Attorney General's Office declares inadmissible the consultation filed by Deputy Carmen Chan Mora regarding Bill No. 21,316, which seeks to amend the Fisheries and Aquaculture Law with respect to the tuna fishing model. The consultation was deemed inadmissible because it was not submitted by the Legislative Committee responsible for processing the bill, but by an individual deputy, contrary to the institutional practice of the Attorney General's Office. It is recalled that, while the Office responds to consultations from the Legislative Assembly as a form of collaboration, it is not legally obligated to do so and has established as an admissibility parameter that consultations on bills must come from the committee processing them. The Office informs that the bill had already been referred by the relevant committee and is being addressed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/06/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22091.json", "html_url": "/legal/doc/pgr-22091", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22091&strTipM=T" }, { "id": "pgr-22097", "citation": "C-085-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Authorization to use national symbols in trademarks", "title_es": "Autorización para uso de símbolos nacionales en marcas", "summary_en": "The opinion analyzes which authority is competent to authorize the reproduction or imitation of Costa Rican national symbols in trademarks, under Article 7(m) of the Trademarks and Other Distinctive Signs Law. The Attorney General's Office concludes that national symbols are cultural property of the Nation and that, by constitutional mandate (Article 121(14) of the Political Constitution), the Legislative Assembly has exclusive authority to authorize their use. It states that the Ministry of Culture and Youth lacks jurisdiction to grant such authorizations, though it has the duty to protect and preserve those assets. It further indicates that, in the absence of a law permitting the use of national symbols by private parties, such use is prohibited. Specifically, the absolute ban on using the flag and coat of arms in trademarks is established by Law No. 18 of 1906.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/03/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22097.json", "html_url": "/legal/doc/pgr-22097", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22097&strTipM=T" }, { "id": "pgr-22123", "citation": "C-268-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Prior Coastal Regulatory Plan requirement for concessions and public works in the public zone of the Maritime Terrestrial Zone", "title_es": "Plan Regulador Costero previo para concesiones y obras públicas en la zona pública de la ZMT", "summary_en": "The Attorney General's Office responded to the Costa Rican Tourism Board regarding whether a Coastal Regulatory Plan (Plan Regulador Costero) must be in place before granting exceptional concessions on the public zone of the Maritime Terrestrial Zone (ZMT) or allowing public developments there. Opinion C-268-2020 concludes that, as a general rule, authorization of exceptional activities or works in the public zone under Articles 18, 21, and 22 of Law 6043 requires a pre-existing coastal regulatory plan and must conform to its provisions. The public zone, intended for common use, may be occupied only in exceptional cases and always subject to comprehensive coastal planning. For public works that satisfy a pressing national public interest that is convincingly demonstrated, the PGR allows an exception: they may be authorized even without a regulatory plan, or in contravention of its provisions, if it is impossible to locate them elsewhere and they must be carried out unavoidably.", "primary_topic_id": null, "topic_ids": [], "date": "09/07/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22123.json", "html_url": "/legal/doc/pgr-22123", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22123&strTipM=T" }, { "id": "pgr-22129", "citation": "C-269-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Applicability of Article 96 of the Subdivision Regulation to Green Area Lots", "title_es": "Aplicabilidad del artículo 96 del Reglamento de Fraccionamientos a lotes de área verde", "summary_en": "The Attorney General's Office clarifies that Article 96 of the Subdivision and Urbanization Regulation (INVU Agreement 6411), which sets minimum areas and frontages for lots, applies exclusively to residential lots with built housing within residential complexes, not to lots designated as green areas. Furthermore, it indicates that the Regulation is not yet in force, so subdivisions must adhere to the current rules (Urban Planning Law and INVU regulations). Once Regulation 6411 comes into effect, lots for green areas and public dedications in residential complexes will be governed by its Article 100 and by Article 40 of the Urban Planning Law. Article 96 is not applicable to other types of urban developments.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "09/07/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22129.json", "html_url": "/legal/doc/pgr-22129", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22129&strTipM=T" }, { "id": "pgr-22154", "citation": "OJ-108-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Suspension of public sector annual increments due to COVID-19 emergency", "title_es": "Suspensión de anualidades del sector público por emergencia COVID-19", "summary_en": "The Office of the Attorney General issues a legal opinion on legislative bill 21.917, which proposes to suspend the payment of annual increments to public servants covered by article 26 of the Public Administration Salary Law during the periods 2020-2021 and 2021-2022. The request comes from the Legislative Assembly and the response is issued as a non-binding opinion. The PGR notes that the \"sole transitory provision\" technique is technically inappropriate, as it does not involve a conflict of laws over time but a temporary suspension of the effectiveness of existing rules, so it should be an ordinary provision. It points out the need to expressly clarify the subjective scope of application, since article 26 as amended by Law 9635 has generated debate on whether it covers the entire decentralized administration and the three branches of government. It also recommends specifying whether the suspension years will count for the purpose of computing years of service for future annual increments. It concludes that the bill has no constitutional defects and its approval is a matter of legislative discretion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/07/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22154.json", "html_url": "/legal/doc/pgr-22154", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22154&strTipM=T" }, { "id": "pgr-22166", "citation": "C-291-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Conversion of Housing Developments into Condominiums and Municipal Road Obligations", "title_es": "Transformación de urbanizaciones en condominio y obligaciones viales municipales", "summary_en": "The Attorney General's Office responds to the Municipality of San Pablo regarding the conversion of housing developments into condominiums, road continuities, and annulment of land-use permits. A development may be converted into a condominium provided that public areas have not become municipal public domain, meaning they have not been formally accepted by the Municipality or that no public use voluntarily admitted by the developer has been proven. If demanialization has occurred, declassification requires an act of law. On road continuities, municipalities may declare new public roads under certain conditions, and technical studies must be endorsed by the Municipal Council. Regarding land-use certificates, these cannot be unilaterally revoked because they are favorable acts protected by the principle of intangibility, unless a lesivity procedure or a declaration of absolute, evident, and manifest nullity is followed under Article 173 of the General Public Administration Law. Finally, municipalities must pay for road continuities when they do not arise from a development process or voluntary cession, requiring expropriation with prior compensation.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "17/07/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22166.json", "html_url": "/legal/doc/pgr-22166", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22166&strTipM=T" }, { "id": "pgr-22172", "citation": "OJ-120-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Environmental feasibility and public participation in BID-financed road infrastructure projects", "title_es": "Viabilidad ambiental y participación pública en proyectos de infraestructura vial financiados por el BID", "summary_en": "The Attorney General's Office analyzes the bill ‘Approval of the Cooperation Agreement for Financing Investment Projects (CCLIP) CR-O0005 of the Road Infrastructure and Urban Mobility Program and Loan Contract No. 4864/OC-CR’. It examines public credit, expropriations, and administrative structure, but the environmental analysis is central. The bill proposes exempting projects from SETENA fees and from publication under article 22 of the Environmental Law, as well as imposing very short deadlines for environmental assessment. The PGR warns that these measures affect the rights of public participation, publicity, and transparency, recognized in the Constitution and the jurisprudence of the Constitutional Chamber. It concludes that full application of articles 22 and 23 of the Environmental Law must be maintained to guarantee the right to information and public participation in environmental decisions.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "06/08/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22172.json", "html_url": "/legal/doc/pgr-22172", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22172&strTipM=T" }, { "id": "pgr-22180", "citation": "C-307-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Application of Laws 7744 and 6043 on Marinas, Docks, and Coastal Planning", "title_es": "Aplicación de las leyes 7744 y 6043 sobre marinas, atracaderos y planificación costera", "summary_en": "The Attorney General's Office responds abstractly to ten questions regarding the application of the Law on Concession and Operation of Tourist Marinas and Docks (Law 7744) and the Law on the Maritime Terrestrial Zone (Law 6043). It concludes that the 'planning instrument' in Law 7744's Regulation refers to the coastal regulatory plan under Law 6043, unless a special provision applies. It explains that Law 7744 allows adjacent private properties to be integrated into a marina or dock project, subject to voluntary acceptance and cession of areas for public use. It clarifies that Article 8 of Law 6043 does not apply to expropriate adjoining lands, but Articles 16 and 23 do allow it for works or access to the public zone, provided there is a public interest. It notes that in the Papagayo Gulf Tourism Project, the Master Plan is the binding planning instrument for marina and dock development, with Law 6758 applying supplementarily. It indicates that the condominium property regime can be applied to marina and dock concessions, even in the public zone and reclaimed areas, if the grantor's authorization is obtained and the legal nature of the public zone is respected. Finally, it emphasizes that neither the Executive Director nor the Coordinator of the Technical Unit of CIMAT can modify the technical criteria issued by that Unit.", "primary_topic_id": null, "topic_ids": [], "date": "04/08/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22180.json", "html_url": "/legal/doc/pgr-22180", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22180&strTipM=T" }, { "id": "pgr-22229", "citation": "OJ-164-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Closure of special pension regimes and solidarity contribution", "title_es": "Cierre de regímenes especiales de pensiones y contribución solidaria", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on the bill 'Law of Justice, Solidarity and Solidity of Pensions in Costa Rica' (file 20927). The bill seeks to unify special pension regimes under the CCSS disability, old-age and death regime for new public employees, create a special solidarity contribution on pensions exceeding the CCSS cap, establish a single revaluation system, and subject the CCSS to SUPEN regulation. The Attorney General concludes that closing special regimes, the solidarity contribution, and unifying the revaluation system are constitutionally viable, though it notes the Constitutional Chamber has protected the revaluation mechanism as an acquired right. It considers subjecting the CCSS's administration and governance of social security to SUPEN unconstitutional. It suggests legislative drafting improvements and express derogation of norms allowing entry to special regimes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/12/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-22229.json", "html_url": "/legal/doc/pgr-22229", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22229&strTipM=T" }, { "id": "pgr-22243", "citation": "C-249-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Exemption from real estate tax for free trade zone companies", "title_es": "Exención del impuesto sobre bienes inmuebles para empresas de zona franca", "summary_en": "The Attorney General's Office analyzes whether companies under the Free Trade Zone Regime are exempt from the real estate tax. It concludes they are, because the territorial tax (1939) and the real estate tax (1995) are structurally the same tax, and the exemption in Article 20(d) of Law No. 7210 was not repealed. Subparagraph (h) also provides a generic exemption from all municipal taxes. The preferential legal mortgage applies to real estate tax debts. Manufacturing companies under Article 17(f) that transfer categories retain the right to the exemption for 10 years from the granting of the regime.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/07/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22243.json", "html_url": "/legal/doc/pgr-22243", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22243&strTipM=T" }, { "id": "pgr-22248", "citation": "C-061-2014", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Returned without favorable opinion to annul environmental viability", "title_es": "Devolución sin dictamen favorable para anular viabilidad ambiental", "summary_en": "The Attorney General's Office returns the administrative file without issuing a favorable opinion to declare the absolute, evident, and manifest nullity of resolution 2014-2007-SETENA, which granted environmental viability to a housing project in the Gandoca-Manzanillo National Wildlife Refuge. The opinion emphasizes the need for a complete, foliated, ordered, and certified file as a due process guarantee, and notes the absence of technical reports, inspection minutes, and maps that were cited as grounds for annulment. Without those documents, the Office cannot certify the alleged nullity or verify that the company had access to the evidence. The request is returned, and the Administration is advised to assess the current interest in pursuing the annulment, given that the land use permit appears to have expired.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "wildlife-law-7317" ], "date": "27/02/2014", "year": "2014", "json_url": "/data/legal/docs/pgr-22248.json", "html_url": "/legal/doc/pgr-22248", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22248&strTipM=T" }, { "id": "pgr-22261", "citation": "C-346-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Recognition of seniority bonuses for time worked on the El Diquis hydroelectric project", "title_es": "Reconocimiento de anualidades por tiempo servido en el proyecto hidroeléctrico El Diquis", "summary_en": "The Attorney General's Office analyzes whether a municipality can grant seniority bonuses (anualidades) to employees for time worked on the ICE's El Diquis hydroelectric project under a private (common) labor law regime. It concludes that recognition is proper, based on the theory of the State as a single employer and Article 14(f) of the Regulation to Title III of the Public Finance Strengthening Law. The reform of the Public Administration Salary Law by Law 9635 did not implicitly repeal that possibility. The opinion distinguishes between the right to payment of bonuses—which applies only during public employment relationships—and the computation of time served for their calculation, which covers periods worked under any regime (public or private) in state entities. The conclusion is general and is issued without reference to specific cases.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/08/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22261.json", "html_url": "/legal/doc/pgr-22261", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22261&strTipM=T" }, { "id": "pgr-22271", "citation": "OJ-131-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutionality of the metallic mining bill", "title_es": "Viabilidad constitucional del proyecto de minería metálica", "summary_en": "The Office of the Attorney General analyzes bill 21.584 to regulate metallic mining in Costa Rica. Although the legislature has broad discretion over public domain goods, the initiative reduces environmental protection by moving from an absolute ban on open-pit mining to allowing small and medium-scale extraction. The opinion warns that to withstand constitutional scrutiny, the bill must be supported by technical studies that respect the principles of prevention, non-regression, and the objectivization of environmental protection. Mining easements—which allow the concessionaire to occupy or use private land for mining operations—are examined in detail, concluding they must be balanced with the registered owner's property right by establishing reasonable and proportional limits to avoid de facto expropriation. Specific observations are made on perpetual sanctions, confidentiality of environmental information, and conflicts of interest within the Monitoring Commission, recommending adjustments to ensure the bill's constitutionality.", "primary_topic_id": null, "topic_ids": [], "date": "02/09/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22271.json", "html_url": "/legal/doc/pgr-22271", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22271&strTipM=T" }, { "id": "pgr-22338", "citation": "C-341-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Conflict of interest for INVU in drafting and approving municipal regulatory plans", "title_es": "Conflicto de intereses del INVU al elaborar y aprobar el plan regulador municipal", "summary_en": "The internal audit of the Municipality of Vásquez de Coronado inquires whether a conflict of interest arises when INVU, which must later approve the regulatory plan it drafts for the municipality, also owns a property in the canton whose current use is not permitted by the existing plan. The Attorney General's Office concludes that no such conflict exists. It argues that INVU serves public purposes of housing and urban development, not private interests, and that the regulatory plan's provisions are of general scope, so any INVU property would be subject to the same rules as other properties. It highlights that the approval process includes multiple control and oversight stages —public hearing, review by the Urban Planning Directorate, appeals before the Board of Directors and the Executive Branch— which prevent undue advantage. Additionally, the PGR declares itself incompetent to analyze the contractual aspects of the interinstitutional agreement, as this falls within the exclusive jurisdiction of the Comptroller General of the Republic.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/08/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22338.json", "html_url": "/legal/doc/pgr-22338", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22338&strTipM=T" }, { "id": "pgr-22382", "citation": "C-391-2020", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Budgetary regime applicable to deconcentrated bodies of the central Administration", "title_es": "Régimen presupuestario aplicable a los órganos desconcentrados de la Administración central", "summary_en": "The Attorney General's Office clarifies the scope of Law 9524 (Strengthening of Budgetary Control of Deconcentrated Bodies of the Central Government). It holds that Law 9524 prevails over any prior statutory provisions that partially or totally exempted such bodies from the Financial Administration Law (8131), resulting in implicit repeal. Bodies created after Law 9524 also fall within its ambit even if their enabling acts are silent. However, Law 9524 does not cover resources managed through trusts or foundations, such as the Manuel Antonio National Park Trust or the Pacific Marine Park Foundation, because these are not administrative bodies and are governed by their own rules, without prejudice to the Comptroller General's oversight.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/10/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22382.json", "html_url": "/legal/doc/pgr-22382", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22382&strTipM=T" }, { "id": "pgr-2239", "citation": "C-070-1993", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Invasion of the Maritime Zone at Playa Sámara and Change of Green Zone Land Use", "title_es": "Invasión en Zona Marítimo Terrestre de Playa Sámara y cambio de uso de Zona Verde", "summary_en": "The Attorney General's Office addresses the Municipal Council of Nicoya to request information on actions regarding invasions in the Maritime Zone of Playa Sámara, specifically in the Estero Mala Noche area. It instructs the Municipality to investigate and, if warranted, proceed against violators under Law 6043, ensuring due process and filing criminal complaints. The opinion also questions the legality of a 1992 municipal agreement that changed land use from Green Zone to Rental Residential Zone, deeming it absolutely null for improperly converting a public area. The opinion warns of civil and criminal liability for involved officials and emphasizes that any modification must follow the Urban Planning Law, requiring INVU and ICT approval and a public hearing. It concludes by noting that granting concessions or approving developments contrary to law is a criminal offense.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "20/05/1993", "year": "1993", "json_url": "/data/legal/docs/pgr-2239.json", "html_url": "/legal/doc/pgr-2239", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=2239&strTipM=T" }, { "id": "pgr-22411", "citation": "OJ-159-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Invasion of CCSS autonomy by bill on pension calculation amid COVID-19 working-hour reductions", "title_es": "Invasión de la autonomía de la CCSS por proyecto de ley sobre cálculo de pensiones ante reducción de jornada por COVID-19", "summary_en": "The Attorney General's Office (PGR) analyzes bill 22.031, which sought to add a transitional provision to Article 3 of the CCSS Constitutive Law, authorizing the institution to exclude from pension calculations the reduced contributions during the COVID-19 pandemic. The PGR makes two main observations: 1) the proposed norms are not transitional but ordinary in nature, as they aim to temporarily suspend the effectiveness of current rules, not to regulate a conflict between laws; and 2) the bill infringes upon the CCSS's governmental autonomy enshrined in Article 73 of the Constitution, since it not only authorizes but also instructs the CCSS on how and when to regulate pension calculations—a matter within its exclusive domain. Additionally, the initiative lacks financial or actuarial studies and has not been subjected to the prior hearing of the CCSS, as required by Article 190 of the Constitution. Consequently, the PGR suggests reviewing the nature of the norms and concludes that the bill invades constitutionally reserved domains of the CCSS.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/10/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22411.json", "html_url": "/legal/doc/pgr-22411", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22411&strTipM=T" }, { "id": "pgr-22418", "citation": "OJ-170-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Public Utility Declaration for Community Development Associations", "title_es": "Declaratoria de utilidad pública para Asociaciones de Desarrollo Comunal", "summary_en": "The Attorney General's Office analyzes Bill No. 22.089, which adds an article 14 ter to the Community Development Law (DINADECO). The bill allows Community Development Associations, upon application to the National Directorate of Community Development and recommendation to the Ministry of Governance and Police, to be declared of public utility by executive decree. The PGR notes that these associations are already of public interest by law, but are not exempt from income tax unless declared of public utility and they reinvest 100% of their income in public or charitable purposes, per Article 3 of the Income Tax Law. The opinion corrects a legislative drafting issue: the declaration, being a specific act and not a general one, must be issued by executive agreement rather than executive decree, according to Article 121 of the General Public Administration Law. The bill's feasibility is not objected to.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/11/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22418.json", "html_url": "/legal/doc/pgr-22418", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22418&strTipM=T" }, { "id": "pgr-22426", "citation": "OJ-142-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal viability of Penal Code article 144 bis to punish intentional exposure of workers to danger", "title_es": "Viabilidad jurídica del artículo 144 bis del Código Penal para sancionar la exposición dolosa de trabajadores a peligro", "summary_en": "The Attorney General's Office analyzes Legislative Bill No. 21.236, which proposes adding article 144 bis to the Penal Code to punish employers who, while legally obligated, fail to provide occupational safety and hygiene measures or expose workers to toxic substances. The PGR concludes that the 'blank criminal law' element—dependent on the existence of 'workplace risk prevention regulations'—is difficult to fulfill because there is no uniform catalog of such regulations for all activities. Moreover, the provision contains two modalities: one of abstract danger (mere omission) and one of concrete danger (exposure to toxics), which raises proportionality and offensiveness problems for the first modality, already sanctioned under labor law. It recommends deleting the disjunctive comma to unify the conduct as a concrete danger offense, subject to a real threat to life, health, or physical integrity, and suggests the prior creation of a general legal framework for occupational risk prevention to complement the criminal type.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "23/09/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22426.json", "html_url": "/legal/doc/pgr-22426", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22426&strTipM=T" }, { "id": "pgr-22432", "citation": "OJ-173-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Mandatory working-hour reduction in the public sector to address the COVID-19 crisis", "title_es": "Reducción obligatoria de jornada en el sector público para afrontar la crisis del COVID-19", "summary_en": "The Office of the Attorney General reviews bill No. 22081, the 'Public Sector Working-Hour Reduction Law,' which proposes a mandatory 15% reduction in working hours for all public employees earning at least 1.5 million colones per month for twelve months, as a fiscal savings measure to address the COVID-19 emergency. The legal opinion, issued at the request of Legislative Commission III, is non-binding. The Attorney General highlights several gaps and risks: the bill does not clarify the treatment of workers excluded from working-hour limits under the Labor Code (managers, confidential employees, etc.), it could impair public service efficiency by not allowing exceptions for essential functions, and it lacks technical studies justifying either the chosen salary threshold or the reduction percentage. It recommends permitting exemptions for essential personnel and analyzing the measure's impact on fixed and percentage-based salary components.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/11/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22432.json", "html_url": "/legal/doc/pgr-22432", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22432&strTipM=T" }, { "id": "pgr-22469", "citation": "OJ-183-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Repeal of Lapsed or Historically Obsolete Laws (Fifth Part)", "title_es": "Derogatoria de leyes caducas o históricamente obsoletas (Quinta Parte)", "summary_en": "The Attorney General's Office issues an opinion on the bill to repeal lapsed or historically obsolete laws (Fifth Part, file 19.085), aimed at purging the Costa Rican legal system by formally eliminating 997 laws enacted between 1824 and 1910. The PGR analyzes each law, concluding that most are lapsed, obsolete, or tacitly repealed by subsequent legislation. It emphasizes the importance of legal certainty and the need for the Legislative Assembly to exercise its express repeal function to harmonize the framework. The opinion covers criteria on tacit repeal, Civil Code provisions, and First Chamber case law. The PGR suggests respecting vested rights, international treaties, and historical traditions, but considers that the analyzed laws have already fulfilled their specific purpose and lack current validity. This is a technical opinion favorable to the general repeal, with commentary on a law-by-law basis.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/12/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22469.json", "html_url": "/legal/doc/pgr-22469", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22469&strTipM=T" }, { "id": "pgr-22514", "citation": "OJ-018-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Amendments to General Health Law and Criminal Code on adulteration of health products", "title_es": "Reforma de la Ley General de Salud y Código Penal para sancionar adulteración de productos sanitarios", "summary_en": "The Office of the Attorney General reviews bill No. 21.472, which would amend the General Health Law and add a section to the Criminal Code criminalizing the falsification, adulteration, or poisoning of health-related products. The opinion holds that placing the new offenses under the chapter on public faith is inappropriate; instead, they should be integrated into the chapter on crimes against public health alongside existing articles 268–270. The bill raises concerns of proportionality and reasonableness: the triple disqualification penalty under article 380, the lack of specification of which injuries trigger the aggravated penalty, and the equation of resulting death with aggravated homicide could render the provisions unconstitutional. The Attorney General recommends adjusting legislative technique and sentencing ranges to meet constitutional standards.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/01/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22514.json", "html_url": "/legal/doc/pgr-22514", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22514&strTipM=T" }, { "id": "pgr-22516", "citation": "OJ-185-2020", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Compliance with environmental regulations during states of emergency and scope of Article 34 of the Forestry Law", "title_es": "Cumplimiento de normativa ambiental durante estados de emergencia y alcance del Artículo 34 de la Ley Forestal", "summary_en": "This legal opinion from the Office of the Attorney General responds to a legislative inquiry on whether executing units are obligated to comply with environmental regulations during the reconstruction phase of a state of emergency and whether they can invoke the exception in Article 34 of the Forestry Law. It concludes that, even in the reconstruction phase, exemption from environmental rules is only valid if strictly necessary, proportionate, and temporary to address the emergency. Regarding Article 34, it clarifies that this provision establishes a specific exception to alter the use of lands under State forest protection for projects of national convenience, but does not authorize pollution, and is conditional on technical studies, a management plan, and forestry oversight, under strict proportionality control.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "15/12/2020", "year": "2020", "json_url": "/data/legal/docs/pgr-22516.json", "html_url": "/legal/doc/pgr-22516", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22516&strTipM=T" }, { "id": "pgr-22541", "citation": "OJ-027-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on bill for a single biometric identification repository", "title_es": "Dictamen sobre proyecto de ley de repositorio único de identificación biométrica", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 21.321, which aims to create a single national biometric identification platform managed by the Supreme Electoral Tribunal (TSE). The opinion finds that the bill entirely omits any reference to the fundamental rights of privacy, image, and informational self-determination (derived from Article 24 of the Constitution) and lacks clear rules on access, confidentiality, purpose, data processing, and penalties. It concludes that biometric data must be classified as sensitive data, meaning its processing is generally prohibited and must be regulated by a qualified law with reasonable and proportionate limits. The absence of safeguards raises constitutional concerns that the Constitutional Chamber must resolve.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/01/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22541.json", "html_url": "/legal/doc/pgr-22541", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22541&strTipM=T" }, { "id": "pgr-22547", "citation": "C-024-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Land use certificate and environmental viability", "title_es": "Certificado de uso de suelo y viabilidad ambiental", "summary_en": "The Attorney General's Office clarifies that land use certificates are favorable acts creating subjective legal situations, so their annulment requires either a lesividad process or the absolute nullity procedure under Article 173 of the General Public Administration Law. A prior environmental impact study is not required for issuing such certificates; they are based on the valid regulatory plan —or regional regulation where absent— and the environmental variable must be integrated into that plan. Areas of very high environmental fragility may be designated as special zones in the Zoning Regulation after applying the Environmental Fragility Index (IFA) methodology. If harm to water resources is proven, the certificate must be adjusted without need for the lesividad procedure.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "01/02/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22547.json", "html_url": "/legal/doc/pgr-22547", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22547&strTipM=T" }, { "id": "pgr-22549", "citation": "C-004-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Binding effect of opinions issued at the request of internal audit units", "title_es": "Efecto vinculante de los dictámenes emitidos a solicitud de auditorías internas", "summary_en": "This opinion resolves the question of whether opinions issued by the Attorney General's Office at the request of internal audit units are mandatory for the active Administration to which the audit unit belongs. The Attorney General concludes that such opinions are directly binding only on the requesting audit unit, not on the institution it belongs to. This is because the voluntary decision to consult and subject itself to the binding opinion is made by the audit unit in exercise of its functional independence under Article 62 of the Organic Law of the Comptroller General's Office. For the active Administration, these pronouncements constitute only administrative jurisprudence serving as guidance. Additionally, three previous contrary opinions are partially reconsidered, thus unifying the institutional criterion on this matter.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/01/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22549.json", "html_url": "/legal/doc/pgr-22549", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22549&strTipM=T" }, { "id": "pgr-22552", "citation": "OJ-007-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Use of complementary pension funds and insurance for unemployed in draft bill", "title_es": "Uso de fondos de pensiones complementarias y aseguramiento de desempleados en proyecto de ley", "summary_en": "The Attorney General's Office issued a legal opinion on bill 'Protection for JAPDEVA and stevedoring workers affected by unemployment in Limón' (file 21054). The bill sought to allow workers over 55 with more than six months of unemployment to: 1) withdraw one-twelfth of their funds from the Mandatory Complementary Pension Regime (ROPC) and the total for mortgages or medical expenses; 2) use those funds to advance retirement under the CCSS IVM regime, with a 12.5% penalty; and 3) be insured by a relative or the State. The PGR found that the proposal violates the CCSS's constitutional autonomy (Article 73 of the Constitution) by legislating on the administration and governance of social security, a matter reserved to its Board of Directors. It also noted the lack of actuarial studies to support the measure. The opinion is non-binding as it responds to a legislative consultation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/01/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22552.json", "html_url": "/legal/doc/pgr-22552", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22552&strTipM=T" }, { "id": "pgr-22603", "citation": "OJ-052-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Exceptions to environmental regulations for road works under Law 9789", "title_es": "Excepciones a la normativa ambiental en obras viales bajo la Ley 9789", "summary_en": "The Attorney General’s Office analyzes whether institutions are obliged to comply with environmental regulations during the construction phase of road projects under the Law of Efficiency in Construction, Maintenance and Improvement of Cantonal and National Road Network (Law 9789). It concludes that Articles 2 bis and 2 ter of the General Public Roads Law, added by Law 9789, only provide restrictive exceptions to certain environmental requirements. Article 2 bis allows the removal of trees and vegetation in the right-of-way without MINAE authorization, except in protected areas, water source protection zones, or prohibited species, but does not exempt from other environmental obligations such as environmental impact assessment. Article 2 ter authorizes culverts, retaining walls, and bridge maintenance in public channels without prior authorization, only on existing roads, and with notification to MINAE. The exception in Article 34 of the Forestry Law for cutting trees in protection areas applies only with a national convenience declaration. Finally, a national emergency declaration may exempt compliance with environmental regulations only if strictly necessary and proportional to address the emergency, and both legal figures may converge if their respective conditions are met.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/03/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22603.json", "html_url": "/legal/doc/pgr-22603", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22603&strTipM=T" }, { "id": "pgr-22612", "citation": "OJ-051-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform to the Law for Protection against Excessive Bureaucracy, Law 8220", "title_es": "Reforma a la Ley de Protección al Ciudadano del Exceso de Requisitos y Trámites Administrativos, Ley 8220", "summary_en": "The Attorney General's Office issues a non-binding opinion on Bill 22.333, which reforms Law 8220. The initiative aims to create a National Catalog of Procedures, strengthen the positive silence mechanism, reconfigure the disciplinary sanction system for officials, and reinforce MEIC's steering role, including post-verification instead of prior controls. It warns of potential constitutional conflicts: MEIC's prior control over autonomous entities' procedures may infringe their autonomy; the ten-day deadline for positive silence in unspecified cases is disproportionate; delegating to administrations the listing of exceptions to positive silence creates legal uncertainty; and authorizing provisional approvals in sensitive areas like environment and health could jeopardize public interests. It concludes the bill presents legal drawbacks that could be resolved with better legislative technique.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/03/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22612.json", "html_url": "/legal/doc/pgr-22612", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22612&strTipM=T" }, { "id": "pgr-22640", "citation": "C-065-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of Municipal Consultation for Lack of Signature on Legal Opinion", "title_es": "Inadmisibilidad de consulta municipal por falta de firma en criterio legal", "summary_en": "The Office of the Attorney General declared inadmissible the consultation filed by the Municipality of San Rafael regarding cantonal public roads, for failing to meet the requirement of enclosing the legal advisor's opinion duly signed. It notes that Article 4 of its Organic Law requires attaching the legal advisor's opinion as a detailed analysis of all the points consulted, issued specifically to resolve the doubts raised. In this case, the document CSP-SR-007-BIS-2021 was neither signed nor allowed identification of its author, making it impossible to verify it was issued by a legal professional. Therefore, the consultation is archived and may be resubmitted meeting the admissibility requirements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/03/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22640.json", "html_url": "/legal/doc/pgr-22640", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22640&strTipM=T" }, { "id": "pgr-22644", "citation": "C-075-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Individual legislative consultation on Connectivity Bond ruled inadmissible", "title_es": "Inadmisibilidad de consulta legislativa individual sobre Bono Conectividad", "summary_en": "The Attorney General's Office declares inadmissible the consultation submitted by Deputy Wagner Jiménez Zúñiga regarding the substitute text of Bill No. 22106 (Law to Create the Connectivity Bond for Education). It argues that, although the Office addresses legislative consultations as a form of collaboration, these must come from the Legislative Committee in charge of the bill. Individual queries from deputies, without the endorsement of that Committee, do not meet the admissibility parameters set by institutional interpretation. It reiterates that this advisory is non-binding and strictly legal, and that the consultative function cannot be distorted or compromised. Consequently, no opinion on the merits of the bill is issued.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/03/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22644.json", "html_url": "/legal/doc/pgr-22644", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22644&strTipM=T" }, { "id": "pgr-22649", "citation": "OJ-059-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Authentic interpretation of Articles 19(b) and 34 of the Forestry Law, bill 21022", "title_es": "Interpretación auténtica de los artículos 19 inciso b) y 34 de la Ley Forestal, proyecto 21022", "summary_en": "The Attorney General's Office analyzes bill 21022 for authentic interpretation of Articles 19(b) and 34 of the Forestry Law (No. 7575), which would limit 'projects of national convenience' to infrastructure or works for public services. It points out a fundamental error: the definition to be interpreted is in Article 3(m) of the same law, introduced by the Biodiversity Law in 1998, not the cited articles. It warns that authentic interpretation has retroactive effect and is only appropriate when there is proven ambiguity or obscurity. It recommends evaluating whether such ambiguity exists or whether a legal reform is needed instead, in which case the norm would not be retroactive. It is up to the Legislative Assembly to decide on the suitability and reasonableness of restricting national convenience decrees.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "10/03/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22649.json", "html_url": "/legal/doc/pgr-22649", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22649&strTipM=T" }, { "id": "pgr-22650", "citation": "OJ-071-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Administrative titling of INDER properties in consolidated settlements", "title_es": "Titulación administrativa de inmuebles del INDER en asentamientos consolidados", "summary_en": "Legal opinion OJ-071-2021 examines bill 22.138, which would create an administrative procedure for INDER to title its rural properties to possessors with at least ten years of occupation in consolidated settlements. The PGR notes that, by limiting the scope to INDER's private-domain assets –not public-domain land– the bill could be constitutionally permissible, but it must align with Law 9036 and the Possessory Information Law. It warns of constitutional risks if the bill imposes an obligation to transfer title or omits judicial safeguards such as the Attorney General's intervention to protect natural heritage. The PGR recommends that the legislature review the bill's advisability in light of existing law and consult INDER on its financial capacity and autonomy.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "17/03/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22650.json", "html_url": "/legal/doc/pgr-22650", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22650&strTipM=T" }, { "id": "pgr-22670", "citation": "OJ-076-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Interpretation of State Natural Heritage in Mixed Protected Areas", "title_es": "Interpretación del patrimonio natural del Estado en áreas protegidas mixtas", "summary_en": "The Attorney General's Office issues a legal opinion on the regime of State Natural Heritage, answering queries from a congresswoman. It analyzes the nature of mixed wildlife refuges and the existence of privately owned properties within protected areas. The opinion concludes that private properties within mixed refuges do not lose their private nature, though they are subject to usage restrictions. It also establishes that areas impacted by human activity cannot be excluded from State Natural Heritage without a disaffection process by law, supported by technical studies, in line with the principle of non-reduction of protected areas. Finally, it outlines the scope of Article 13 of the Forestry Law, defining natural heritage as protected areas and public lands that are forested or of forest aptitude.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "05/04/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22670.json", "html_url": "/legal/doc/pgr-22670", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22670&strTipM=T" }, { "id": "pgr-22710", "citation": "OJ-078-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Environmental protection reduction under DUA bill requires prior technical criteria", "title_es": "Reducción de tutela ambiental por proyecto de ley DUA exige criterio técnico previo", "summary_en": "The Attorney General's Office reviews bill No. 22.391, 'Law for the Management and Regularization of the State's Natural Heritage and the Environmental Utility Right (DUA Law)'. It concludes that the initiative substantially modifies the current regime of the State's natural heritage (Forestry Law and related regulations) by allowing administration by entities other than SINAC, expanding authorized activities, and creating the figure of 'environmental utility rights'—long-term exclusive concessions registrable in the Public Registry. The PGR warns that these proposals imply a reduction in the level of environmental protection, which, according to constitutional case law, requires prior technical studies demonstrating necessity and no harm to the heritage's integrity, otherwise violating the principles of objectification, reasonableness, proportionality, progressivity, and non-regression in environmental matters.", "primary_topic_id": null, "topic_ids": [], "date": "12/04/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22710.json", "html_url": "/legal/doc/pgr-22710", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22710&strTipM=T" }, { "id": "pgr-22712", "citation": "OJ-081-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Protection of State natural heritage in the maritime-terrestrial zone", "title_es": "Protección del patrimonio natural del Estado en la zona marítimo terrestre", "summary_en": "This opinion analyzes Legislative Bill No. 21,349, which aims to amend the Maritime-Terrestrial Zone Law and the Forestry Law to allow private-use concessions on State natural heritage lands within the maritime-terrestrial zone. The Attorney General’s Office reiterates that, under the Forestry Law and constitutional case law, forested lands and lands suitable for forestry in coastal areas are part of the State’s natural heritage and are excluded from the municipal concession regime. It warns that granting concessions on these lands would reduce the current level of environmental protection, requiring—under the principles of objective environmental protection, progressivity, non-regression, and irreducibility—technical studies to justify the measure and prove it will not harm the integrity of the resource. It points out that the bill lacks such studies and makes specific observations on contradictions and the risk of encouraging invasions.", "primary_topic_id": null, "topic_ids": [], "date": "21/04/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22712.json", "html_url": "/legal/doc/pgr-22712", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22712&strTipM=T" }, { "id": "pgr-22719", "citation": "C-120-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of Consultation on Payments Under Expired Collective Agreement", "title_es": "Inadmisibilidad de consulta sobre pagos de convención colectiva vencida", "summary_en": "The Attorney General's Office declared inadmissible the municipality's consultation regarding whether to authorize payments of benefits under an expired collective bargaining agreement. The consultation concerned a specific matter pending decision at the administrative level, which contravenes its role as a superior advisory body, as it would interfere with municipal and collective autonomy. It reiterates that opinions cannot address concrete cases that the Administration itself must resolve. As general guidance, it notes that rights under a collective agreement expire with its term, unless ultra-activity clauses exist, and recommends reviewing prior opinions on the subject. The conclusion was to deny processing and archive the request.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/05/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22719.json", "html_url": "/legal/doc/pgr-22719", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22719&strTipM=T" }, { "id": "pgr-22721", "citation": "OJ-088-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal feasibility of geothermal exploitation in national parks", "title_es": "Viabilidad jurídica de explotación geotérmica en parques nacionales", "summary_en": "The Attorney General's Office analyzes bill 21244, which sought to authorize the Costa Rican Electricity Institute to exploit geothermal resources in Rincón de la Vieja, Guanacaste, Volcán Tenorio and Volcán Arenal national parks. Based on the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere and constitutional case law, it concludes that such exploitation is prohibited in national parks, as they are areas of absolute conservation where only non-disturbing activities are allowed. Allowing it would require prior legal disaffection of the specific areas, backed by technical studies and territorial compensation, pursuant to article 38 of the Environmental Law and the principle of irreducibility. The opinion identifies contradictions in the bill, such as allowing compensation without disaffection, which would contravene the protection regime of the State Natural Heritage. It recommends technically justifying the need for the reform and correcting drafting and legislative technique issues, while respecting the principles of progressivity and non-regression in environmental protection.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "06/05/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22721.json", "html_url": "/legal/doc/pgr-22721", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22721&strTipM=T" }, { "id": "pgr-22723", "citation": "OJ-090-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform of the Coastal Urban Zone Law: deregistration of restricted zone and concessions in public zone", "title_es": "Reforma a la Ley de Zona Urbana Litoral: desafectación de zona restringida y concesiones en zona pública", "summary_en": "This PGR opinion analyzes Bill No. 20988, which would amend the Coastal Urban Zone Framework Law (Law 9221). The PGR warns that the bill proposes substantial changes: converting the restricted zone of the maritime-terrestrial zone into private property through generalized deregistration, and expanding concessions in the public zone by eliminating requirements such as the urban regulatory plan, strategic environmental impact assessment, and the restriction on modifying use or increasing building density. It notes there is no technical justification to support the reduction of environmental protection, contravening the principles of objective environmental protection, reasonableness, proportionality, and non-regression. Furthermore, deregistration by executive decree rather than a specific law, and allowing title through possessory information over public domain lands, contradict constitutional case law that establishes the intangibility of the maritime-terrestrial zone and the impossibility of private parties acquiring lawful possession over public domain property. The PGR recommends considering these observations before approving the bill.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "07/05/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22723.json", "html_url": "/legal/doc/pgr-22723", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22723&strTipM=T" }, { "id": "pgr-22726", "citation": "OJ-092-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Consultation on national moratorium on release of living modified organisms", "title_es": "Consulta sobre moratoria nacional a la liberación de organismos vivos modificados", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on bill No. 21,376, which proposes a 15-year moratorium on releasing living modified organisms into the environment. It recalls that Costa Rican law already has a biosafety framework based on the Biodiversity Law, the Phytosanitary Protection Law, its regulations and the Cartagena Protocol, requiring prior permits and risk assessments. It highlights Constitutional Chamber ruling 15017-2014, which rejected a challenge to that framework, stating that it respects the precautionary principle without hindering scientific progress. It recommends that lawmakers weigh the measure's proportionality and reasonableness by balancing rights to free enterprise, health and a healthy environment, and to consult the competent technical authorities.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788", "art-50-constitution" ], "date": "07/05/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22726.json", "html_url": "/legal/doc/pgr-22726", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22726&strTipM=T" }, { "id": "pgr-22730", "citation": "OJ-094-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Nagoya Protocol on genetic resources and benefit sharing", "title_es": "Protocolo de Nagoya sobre recursos genéticos y participación en beneficios", "summary_en": "Legal Opinion OJ-094-2021 from the Attorney General's Office analyzes Bill No. 21376 to approve the Nagoya Protocol to the Convention on Biological Diversity. The opinion reiterates the criteria from prior opinion OJ-012-2014, concluding that the instrument has no constitutional flaws. The Attorney General highlights that the Protocol develops fair and equitable benefit-sharing from the use of genetic resources, the prior informed consent of indigenous and local communities over their traditional knowledge, and the designation of national focal points (in Costa Rica, CONAGEBIO). It underscores the Protocol's consistency with Article 50 of the Constitution (right to a healthy environment), Article 15 of the Convention on Biological Diversity, and Biodiversity Law No. 7788. Furthermore, it highlights the principle of democratic sustainable development developed by the Constitutional Court, which requires an equitable distribution of benefits. The opinion is non-binding and issued as an input for the legislative function.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "12/05/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22730.json", "html_url": "/legal/doc/pgr-22730", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22730&strTipM=T" }, { "id": "pgr-22735", "citation": "OJ-093-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bill on aggravated murder based on group membership", "title_es": "Proyecto de ley sobre homicidio calificado por pertenencia grupal", "summary_en": "The Attorney General's Office analyzes Bill 21.652, which seeks to add an 11th clause to Article 112 of the Criminal Code to punish as aggravated murder anyone who kills a person because of their membership in a racial, ethnic, or religious group, their nationality, or due to age, sex, political opinion, migration status, sexual orientation, gender identity or expression, disability, or genetic characteristics. The legal opinion is non-binding but highlights deficiencies: the explanatory memorandum lacks a solid legal analysis to justify raising the penalty to 20-35 years imprisonment. It criticizes the criminal type for being based on subjective hate motivations that are difficult to prove without external objective elements, potentially resembling author-based criminal law. It also warns about the need for the victim's special conditions to actually exist and be known by the offender. It recommends considering other similar bills to avoid legislative duplication.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/05/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22735.json", "html_url": "/legal/doc/pgr-22735", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22735&strTipM=T" }, { "id": "pgr-22736", "citation": "OJ-079-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Mining reactivation in Crucitas and weakening environmental protection", "title_es": "Reactivación minera en Crucitas y reducción de tutela ambiental", "summary_en": "The Attorney General's Office reviews draft law 22.007, which proposes a regulatory framework for the granting of exploration permits and exploitation concessions for mining activities in Crucitas, San Carlos, banning mercury and allocating a percentage of profits to municipalities and the pension regime. It notes that while the legislator has discretion over public domain goods, this initiative weakens environmental protection by lifting the absolute ban on open-pit metal mining and allowing underground and surface mining. Any reduction in protection must respect the preventive, non-regression, and objective environmental protection principles, thus requiring technical studies as justification. The opinion also examines articles on mining easements, nullity and expiration of permits, and legislative drafting issues, recommending adjustments to ensure legal certainty and balance with property rights.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "13/04/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22736.json", "html_url": "/legal/doc/pgr-22736", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22736&strTipM=T" }, { "id": "pgr-22747", "citation": "OJ-096-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Municipal permits for public-space commerce and public domain", "title_es": "Permisos municipales de comercio en espacios públicos y dominio público", "summary_en": "The Attorney General's Office analyzes Draft Law 22.188, the 'Open-Air Commerce Law,' which would empower municipalities to grant temporary, precarious permits for the sale of food and beverages or cultural events in public spaces such as sidewalks, parks, and streets. It concludes that the bill is generally constitutional, as it respects free transit, accessibility, and prohibits permanent structures, recognizing that the State may grant precarious permits over public domain goods as long as their public purpose is not impaired and they remain revocable without compensation. However, it warns that authorizing municipalities to permit the use and closure of national road network streets conflicts with the exclusive MOPT competencies, and notes omissions in the sanctioning regime and justification for transitional provisions. The opinion is non-binding, provided as a gesture of collaboration with the Legislative Assembly.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/05/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22747.json", "html_url": "/legal/doc/pgr-22747", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22747&strTipM=T" }, { "id": "pgr-2277", "citation": "C-035-1997", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Application of the investment amount required by Article 70 of the Forestry Law for investor residents", "title_es": "Aplicación del monto de inversión exigido por el Artículo 70 de la Ley Forestal para residentes inversionistas", "summary_en": "The Attorney General’s Office analyzes the temporal application of Article 70 of Forestry Law 7575, which raised the minimum investment for obtaining residence as a forestry investor from $50,000 to $100,000. It concludes that foreigners who filed a complete residence application under the prior regime before the new law took effect retain the right to have it resolved under the regulations in force at the time of filing, by virtue of the principle of non-retroactivity. Those who had not initiated the procedure before the new law, even if they had made investments of $50,000, must comply with the new $100,000 threshold if they wish to obtain that migratory status. The opinion also clarifies that the mere investment does not create a vested right, since granting residence is a discretionary power of the State, and increasing investment in a project does not automatically qualify new residents unless the individual required amount is met.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "28/02/1997", "year": "1997", "json_url": "/data/legal/docs/pgr-2277.json", "html_url": "/legal/doc/pgr-2277", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=2277&strTipM=T" }, { "id": "pgr-22775", "citation": "C-131-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Possibility of withdrawal from a disciplinary procedure opened by the institutional head", "title_es": "Posibilidad de desistimiento de un procedimiento disciplinario abierto por el jerarca institucional", "summary_en": "The opinion analyzes whether the head of an institution who ordered the opening of a disciplinary administrative procedure may desist from its continuation due to lack of current interest, claiming a need for efficiency and scarce resources. It concludes that the consultation lacks substantiation regarding which facts would configure such loss of interest, and therefore does not directly answer that generic assumption. However, it addresses the purpose of the preliminary investigation and the disciplinary procedure, the reasonable two-month period that should govern both under Article 261 of the General Public Administration Act, and the possibility of continuing the procedure after the investigated employee's resignation or retirement to ascertain the real truth of the facts and have it recorded as a record, albeit without imposing a disciplinary sanction. It holds that, in principle, if the procedure was opened it was because merit and public interest existed, so it must be concluded, unless there are qualified reasons to the contrary not presented in the consultation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/05/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22775.json", "html_url": "/legal/doc/pgr-22775", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22775&strTipM=T" }, { "id": "pgr-22808", "citation": "OJ-105-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on Bill 21839 — economic reactivation and municipal permit simplification", "title_es": "Opinión sobre el proyecto de ley 21839 — reactivación económica y simplificación de trámites municipales", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 21839, 'Law to promote economic reactivation and simplification of procedures at the local level.' It analyzes several proposed reforms to the Municipal Code and other laws, warning of legal risks. It notes some changes would duplicate existing powers, such as special zones (Art. 2). It questions eliminating legislative authorization for municipal donations to private entities (Art. 3). It warns that provisional commercial licenses with positive silence (Art. 5) contradict case law rejecting positive silence in urban and environmental matters. It objects to broad tax incentives without sufficient legal basis (Art. 7) and potential municipal encroachment on the national road network (Art. 8). It concludes by recommending these observations be weighed, without opposing the bill's passage, which is a sovereign legislative decision.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/06/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22808.json", "html_url": "/legal/doc/pgr-22808", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22808&strTipM=T" }, { "id": "pgr-22813", "citation": "OJ-106-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Amendment to the Forestry Law — legislative file 20516", "title_es": "Reforma de la Ley Forestal — expediente 20516", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Legislative Bill 20516, which proposes amendments to several articles of the Forestry Law (No. 7575). The bill broadens the recognition of ecosystem services, modifies procedures for seized timber, relaxes logging permit limits under Article 27 by removing the cap of three trees per hectare per year, requires a certificate of origin issued by a forestry manager under Article 28, and reintroduces income tax exemptions for reforestation activities. The opinion emphasizes that any reduction in environmental protection must be technically justified, consistent with the principles of non-regression, evidence-based environmental stewardship, and proportionality. It highlights concerns over the amendment to the criminal offense under Article 58(a) and recommends evaluating the fiscal impact of the tax exemption.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "29/06/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22813.json", "html_url": "/legal/doc/pgr-22813", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22813&strTipM=T" }, { "id": "pgr-22816", "citation": "C-193-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Functional independence of the Ombudsman's Office vis-à-vis the Legislative and Executive branches", "title_es": "Independencia funcional de la Defensoría de los Habitantes frente a los poderes Legislativo y Ejecutivo", "summary_en": "Opinion C-193-2021 of the Attorney General's Office examines the functional, administrative, and criteria independence of the Ombudsman's Office (Defensoría de los Habitantes). It finds that while the Office is attached to the Legislative Assembly, it is not an autonomous constitutional body but rather an 'arm' of Parliament. Its independence is not absolute; it is limited to the legally assigned competence and must respect the Assembly's oversight, including annual evaluation and disciplinary authority over the Ombudsman based on statutory grounds. The opinion reviews the Ombudsman's four-year renewable term and grounds for removal, concluding that Costa Rica's legal framework is compatible with the Paris Principles, which defer to national legislation on mandate regulation. It clarifies that the annual report must be presented at the statutory time (first week of June for written, last week for oral testimony), but the Assembly may summon the Ombudsman at any time via investigative committees. Lastly, the opinion addresses judicial representation: while the Attorney General's Office ordinarily represents the Ombudsman's Office, in case of a conflict of interest between the State and the Ombudsman, the Attorney General must decide on the propriety of representation to safeguard the public interest.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/06/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22816.json", "html_url": "/legal/doc/pgr-22816", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22816&strTipM=T" }, { "id": "pgr-22820", "citation": "C-196-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Declaring municipal public roads and investing in private roads", "title_es": "Declaratoria de vías públicas cantonales y recursos en caminos privados", "summary_en": "The Attorney General’s Office (PGR) held that a municipality may recognize as public and officially declare roads that meet the legal requirements, even if they are not included in the official map. The question of investing public funds in private roads was deemed a matter exclusively for the Comptroller General, so the PGR issued no opinion on it. The opinion clarifies that the inclusion of a road on a cadastral plan or the granting of a municipal visa does not by itself constitute a public road declaration; such acts would be irregular if the road does not meet the legal conditions. It details the four scenarios under which municipalities can declare public roads, the necessary technical foundations, and the obligation to update the road inventory every five years.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/07/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22820.json", "html_url": "/legal/doc/pgr-22820", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22820&strTipM=T" }, { "id": "pgr-22824", "citation": "OJ-109-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Public Participation in GMO Environmental Release Permits", "title_es": "Participación ciudadana en permisos de liberación de organismos genéticamente modificados", "summary_en": "The Attorney General's Office analyzes Bill No. 21795, which proposes amending Article 47 of the Biodiversity Law to require a mandatory public hearing for GMO environmental release permits. The Office notes that Constitutional Court ruling No. 4117-2018 did not order a legal reform; it found the specific publication insufficient for lacking a clear, intelligible description of the project and its impacts. It emphasizes that the right to participation may be secured by properly interpreting and enforcing existing rules, such as Article 133 of the Plant Protection Law Regulation and Article 47 of the Biodiversity Law. Should a legal amendment proceed, the PGR recommends improving the bill's legislative drafting and considering whether a public consultation mechanism is more suitable than an in-person hearing, taking into account international instruments like the Escazú Agreement and ECLAC guidelines. It concludes that the bill's passage is a legislative decision but suggests taking its observations into account.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "01/07/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22824.json", "html_url": "/legal/doc/pgr-22824", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22824&strTipM=T" }, { "id": "pgr-22896", "citation": "C-231-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal approval of plans with rights-of-way under 14 m on local roads", "title_es": "Visado municipal de planos con derechos de vía menores a 14 m en caminos vecinales", "summary_en": "The Attorney General's Office responds to three queries from the Mayor of Coto Brus regarding municipal approval (visado) of cadastral plans. It states that it is not legally possible to approve plans showing rights-of-way narrower than 14 meters on neighborhood roads, nor plans indicating a 'public street' that has not been officially declared. The opinion recalls that public roads are public-domain assets, inalienable and imprescriptible, and that Article 4 of the General Public Roads Law sets a minimum width of 14 meters for neighborhood roads. The municipal visado certifies that the plan complies with the law; granting it in violation of these standards constitutes an irregular administrative act. Declaring a public road without meeting legal requirements renders the act absolutely null and may trigger administrative, civil, and criminal liability for the official, including offenses of malfeasance or breach of duty.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "12/08/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22896.json", "html_url": "/legal/doc/pgr-22896", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22896&strTipM=T" }, { "id": "pgr-22955", "citation": "C-266-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Mandatory certification of organic products for export and reconsideration of opinion C-283-2018", "title_es": "Certificación obligatoria de productos orgánicos para exportación y reconsideración del dictamen C-283-2018", "summary_en": "The Attorney General's Office (PGR) reconsiders sua sponte opinion C-283-2018, determining that the Third-Party Certificate is an essential and mandatory technical requirement for the export of organic products from Costa Rica, regardless of whether the destination country requires it or reciprocity agreements exist. The PGR concludes that all organic operators (producers, processors, and traders) must comply with the Organic Agriculture Regulation (Decree 29782-MAG) irrespective of whether their activity is aimed at the domestic or international market. Additionally, certifying agencies, whether national or international, must be accredited and registered with the State Phytosanitary Service (SFE) to issue valid certifications in Costa Rica. Information gathered by such agencies is confidential and the property of the client. The opinion clarifies the SFE's powers and the mandatory nature of certification to guarantee the organic condition of exported products.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/09/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22955.json", "html_url": "/legal/doc/pgr-22955", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22955&strTipM=T" }, { "id": "pgr-22965", "citation": "C-271-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Application of INVU regulations in the absence of a local land-use plan", "title_es": "Aplicación de reglamentos del INVU en ausencia de plan regulador", "summary_en": "The Attorney General's Office issues an opinion on several questions raised by the Internal Audit Office of the Municipality of Naranjo regarding the applicability of urban planning regulations issued by the National Institute of Housing and Urbanism (INVU) when a canton lacks a local land-use plan (plan regulador). It concludes that INVU regulations on urban planning, including those on subdivision, urbanization, construction, and zoning, are supplementary and mandatory for municipalities that have not enacted their own local norms. It further states that the municipality cannot discretionally decide whether to apply such regulations, as this would violate the principle of non-derogability of norms. Regarding the adjustment of requirements, it indicates that competence to decide on their application generally lies with the Municipal Council, although it depends on each specific regulatory scenario. The opinion is issued in the context of a citizen complaint concerning construction without permits and tree felling on a lot in Los Robles de Naranjo.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "property-and-titling" ], "date": "21/09/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22965.json", "html_url": "/legal/doc/pgr-22965", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22965&strTipM=T" }, { "id": "pgr-22977", "citation": "OJ-158-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Proposed addition of Articles 33 bis and 33 ter to the Forestry Law on protection zones", "title_es": "Propuesta de adición de arts. 33 bis y 33 ter a la Ley Forestal sobre áreas de protección", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on bill 22401, which proposes adding Articles 33 bis and 33 ter to the Forestry Law. It analyzes the current regulation of protection zones, where tree cutting is prohibited (Art. 34) and the criminal offense of invasion (Art. 58) has been judicially interpreted to cover other works. It notes that the reform could provide legal certainty by clarifying which activities are allowed and which are punishable. However, it recommends modifying the bill: reformulate Article 58 rather than defining 'invasion' in a new article; include specific prohibitions in Article 34 beyond logging; harmonize the text with the Road Efficiency Law (9789) regarding works in public riverbeds; and change the term 'protected areas' to 'protection zones' in the heading of Article 34. It also suggests evaluating the requirement of an environmental impact assessment for permitted works and coordinating technical criteria between SINAC and the Water Directorate.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "29/09/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-22977.json", "html_url": "/legal/doc/pgr-22977", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=22977&strTipM=T" }, { "id": "pgr-23004", "citation": "OJ-145-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Securitization of future flows and public works", "title_es": "Titularización de flujos futuros y obra pública", "summary_en": "Opinion OJ-145-2021 analyzes bill 21,649, which seeks to allow public entities to use their future cash flows as collateral for financing public works through trusts and other special-purpose vehicles. The Attorney General's Office identifies several legal and constitutional issues: incorrect use of “Central Government” instead of “Central Administration”; omission of municipal public enterprises; potential violation of Article 121.15 of the Constitution by authorizing public trusts to incur foreign debt without legislative approval; need to clarify the application of Article 14 of Law 8131 (prohibiting public trusts absent a special law); unjustified exclusion of CCSS and public universities from the ministerial-approval exemption granted to municipalities; and the convenience of expressly regulating positive silence. The opinion concludes that the bill should be reviewed before possible approval.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/08/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-23004.json", "html_url": "/legal/doc/pgr-23004", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23004&strTipM=T" }, { "id": "pgr-23064", "citation": "OJ-191-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Criminalization of disrespect toward police authority within the contraventional sphere", "title_es": "Penalización de la falta de respeto a la autoridad policial en el ámbito contravencional", "summary_en": "The Attorney General's Office analyzes legislative bill No. 22,258, which would amend Article 396 of the Penal Code to penalize disrespect toward police authority through actions, gestures, or words. It finds no substantial constitutional flaws, provided the wording is clarified. It recommends deleting the overly broad phrase \"in any way\" and adding the elements \"hurtful or mortifying words\" and \"wearing the respective police uniform\" to sharpen the objective elements of the offense and ensure the contravention requires intent. The opinion sees the provision as properly complementing the protection of the legal interest of \"public authority\" consistent with existing law and case law, by punishing abusive exercises of free expression.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/12/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-23064.json", "html_url": "/legal/doc/pgr-23064", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23064&strTipM=T" }, { "id": "pgr-23065", "citation": "OJ-200-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Workday of Traffic Officers — Consultation on the substitute text of Bill 21.467", "title_es": "Jornada laboral de los Oficiales de Tránsito — Consulta sobre el texto sustitutivo del proyecto de ley 21.467", "summary_en": "The Procuraduría General de la República issues a non-binding legal opinion on the substitute text of Bill 21.467, which seeks to add an article 3 bis to Traffic Law No. 9078 to regulate the daily workday of traffic officers. The PGR recalls that the Traffic Police is part of the country's police forces and, therefore, is exempt from ordinary working hour limitations. It warns that establishing a different workday for this body could create practical issues in the system applicable to other police bodies, whose public security tasks are exceptional in nature. It also recommends conducting a prior financial study due to the potential increase in service costs. Finally, it points out that the proposed reform is unrelated to the scope of Law 9078, which regulates traffic and road safety, not labor aspects of officers. The PGR suggests evaluating these observations to determine the technical and legal feasibility of the initiative.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/12/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-23065.json", "html_url": "/legal/doc/pgr-23065", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23065&strTipM=T" }, { "id": "pgr-23066", "citation": "OJ-193-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Increased penalties for crimes against tourists in bill 21.763", "title_es": "Endurecimiento de penas para delitos contra turistas en el proyecto de ley 21.763", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on bill 21.763, which proposes amending articles 112, 157, 209, and 213 of the Criminal Code to increase penalties for homicide, rape, theft, and robbery when the victims are tourists, cruise passengers, or crew members. The PGR analyzes the statement of motives and concludes that the initiative excludes national tourists, mentioning only foreign tourists. It warns that the harsher penalties lack a solid penological basis: the current aggravating circumstances for qualified crimes are based on kinship, trust, or official status, not on the victim's status as a tourist. It notes that increasing penalties does not deter crime, nor do travel advisories discourage tourism. It recommends harmonizing the text to expressly include national tourists if that is the intention, and suggests strengthening the tourist police rather than creating criminal offenses of doubtful preventive efficacy.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/12/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-23066.json", "html_url": "/legal/doc/pgr-23066", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23066&strTipM=T" }, { "id": "pgr-23076", "citation": "OJ-194-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Non-binding opinion on bill for the rescue of companies in vulnerable situations", "title_es": "Criterio no vinculante sobre proyecto de ley para rescate de empresas en situación de vulnerabilidad", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on bill 21,935, 'Law for the rescue, recovery and strengthening of companies in vulnerable situations and stimulus to production'. The bill aimed to create administrative mechanisms to rescue non-financial companies with credit problems, emphasizing the agricultural and forestry sector, through trusts, debt forgiveness and return of foreclosed properties. The PGR warns that the initiative is imprecise, confusing and potentially unconstitutional. It points out that 'companies in a vulnerable economic situation' is not adequately defined, there are contradictions in the financing of the proposed trusts, and the forgiveness and portfolio purchase measures could generate financial stress and discriminate against certain sectors. It also highlights that the bill already received a negative majority opinion from the Agricultural Affairs Committee recommending its shelving. The PGR recommends that lawmakers consider the observations and the technical and legal unfeasibility of the proposal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/12/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-23076.json", "html_url": "/legal/doc/pgr-23076", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23076&strTipM=T" }, { "id": "pgr-23100", "citation": "C-253-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Overlap between protected wild areas and indigenous reserves", "title_es": "Traslape de áreas silvestres protegidas y reservas indígenas", "summary_en": "The Attorney General's Office responds to SINAC's consultation on four questions. First, it determines that the inalienability declaration of the 2000-meter zone on both sides of the South Inter-American Highway (Robledales zone) is NOT in force, following the repeal of Articles 7(a) and 10 of the Land and Colonization Law. Second, it analyzes the overlap between protected wild areas and indigenous reserves, concluding that both regimes are incompatible and mutually exclusive: protected areas are state property (natural heritage of the State), while indigenous reserves are communal property. Therefore, the same area cannot be under both regimes. Third, it clarifies that if an indigenous reserve was created by decree and overlaps a protected wild area, an irregular deaffectation occurs, which can be challenged constitutionally (as happened with the Guaymí de Osa Indigenous Reserve). Fourth, regarding SINAC's powers, it states that in overlapped territories, as long as the indigenous reserve decree is not annulled, administration belongs to the indigenous people and CONAI, not SINAC. Any state regulation on natural resources within indigenous reserves must be previously consulted with the indigenous people and authorized by CONAI, in accordance with ILO Convention 169.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "forestry-law-7575" ], "date": "06/09/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-23100.json", "html_url": "/legal/doc/pgr-23100", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23100&strTipM=T" }, { "id": "pgr-23114", "citation": "OJ-210-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Authentic interpretation of Biodiversity Law Article 39: bill 22.423", "title_es": "Interpretación auténtica del artículo 39 de la Ley de Biodiversidad: proyecto 22.423", "summary_en": "This PGR opinion examines Legislative Bill No. 22.423, which seeks an authentic interpretation of Biodiversity Law Article 39 and the addition of an Article 39 bis. It concludes that Article 1 of the bill does not clarify ambiguities but constitutes a disguised amendment by including School Boards and Administrative Boards of Public Schools as potential concessionaires of non-essential services in protected areas, exceeding the constitutional power of authentic interpretation. Regarding Article 39 bis, it highlights its practical redundancy, as existing administrative contracting laws already provide mechanisms to serve the public interest. The opinion is non-binding exceptional cooperation with the Legislative Assembly.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "13/12/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-23114.json", "html_url": "/legal/doc/pgr-23114", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23114&strTipM=T" }, { "id": "pgr-23130", "citation": "C-012-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of appointment of Executive Power representative to foundations", "title_es": "Alcances del nombramiento del representante del Poder Ejecutivo en fundaciones", "summary_en": "The opinion clarifies opinion PGR-C-232-2021 regarding the appointment of the Executive Power's representative to foundations under Law 5338. It reaffirms that the Executive Power has discretionary authority to appoint its representative, given the relationship of trust and institutional representation. The request submitted by the foundation's representatives is optional and non-binding; thus, the Executive Power may appoint a person different from those proposed. The discretion is not arbitrary, as it must safeguard public interest and the appointee's suitability. The legal framework consists of Article 11 of the Foundations Law and Executive Decree 36363.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/01/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23130.json", "html_url": "/legal/doc/pgr-23130", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23130&strTipM=T" }, { "id": "pgr-23196", "citation": "C-334-2021", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of Future Investments and Municipal Fee Collection", "title_es": "Alcance de inversiones futuras y cobro de tasas municipales", "summary_en": "The Attorney General's Office analyzes the limits of 'future investments' that municipalities may include when setting waste service fees, as well as the legality of extending the parks and green areas maintenance fee to the entire canton. It concludes that, while municipalities have broad discretion to design their fee plans, the inclusion of future projects must be technically justified as necessary, respecting the principles of reasonableness and proportionality. Regarding park maintenance, it clarifies that the charge must be limited to the districts whose inhabitants effectively or potentially benefit from the service, and cannot be automatically extended to the entire canton. It also distinguishes between the mere setting of fees by municipal agreement and the enactment of a regulation, noting that only the latter requires the public consultation procedure under Article 43 of the Municipal Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/12/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-23196.json", "html_url": "/legal/doc/pgr-23196", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23196&strTipM=T" }, { "id": "pgr-23204", "citation": "C-042-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Authority to revoke GMO permits — CONAGEBIO vs. SFE", "title_es": "Competencia para revocar permisos de OVM entre CONAGEBIO y el SFE", "summary_en": "The Attorney General’s Office examines whether Article 48 of the Biodiversity Law (No. 7788) tacitly repeals the powers of the State Phytosanitary Service established in Article 5(q) and Article 42 of the Phytosanitary Protection Law (No. 7664) to grant and revoke authorizations related to genetically modified organisms for agricultural use. It concludes that no irreconcilable contradiction exists. The apparent conflict is resolved through a systematic and corrective interpretation based on legislative history and the distribution of competencies, which confines CONAGEBIO's Technical Office's revocation power exclusively to genetic manipulation and biodiversity‑access permits, while the SFE retains its authority to modify or revoke its own agricultural authorizations. Both norms remain in force and a duty of inter‑institutional coordination exists.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "25/02/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23204.json", "html_url": "/legal/doc/pgr-23204", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23204&strTipM=T" }, { "id": "pgr-23235", "citation": "C-057-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Withdrawal of private areas in mixed wildlife refuges", "title_es": "Desafectación de áreas privadas en refugios de vida silvestre mixtos", "summary_en": "The Attorney General's Office analyzes whether the private area within a mixed wildlife refuge can be withdrawn by executive decree or if Article 38 of the Environmental Organic Law, requiring a law for the reduction of protected wild areas, must be applied. It concludes that in refuges created unilaterally by the Executive Branch, both the public and private areas may only be reduced by law, with prior technical studies and compensation. Exceptionally, if the refuge was created at the voluntary request of the owners and a term was set for the private portion's subjection, upon expiration of that term the private area may be excluded without a law, while maintaining protection over the state area. The opinion is based on the ecological unity between the public and private areas and on constitutional jurisprudence that extends the legal reserve requirement to any reduction of a protected wild area.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "17/03/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23235.json", "html_url": "/legal/doc/pgr-23235", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23235&strTipM=T" }, { "id": "pgr-23236", "citation": "C-058-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Nature and Declaration of Public Roads vs. Private Easements", "title_es": "Naturaleza y declaratoria de vías públicas frente a servidumbres privadas", "summary_en": "The Attorney General's Office advises the Municipality of Hojancha on the nature of public roads and easements. An agricultural easement is not a public road simply because a cadastral plan labels it as such. Private roads can only become public through cession, purchase, expropriation, or as a result of urban development. The passage of time does not turn an easement into a public road, and the State cannot acquire private property by adverse possession. A municipal visa that declares a public road without the legal requirements is irregular and may be annulled ex officio or through the 'lesividad' process. The formal declaration of public roads is the responsibility of the Municipal Council, based on technical criteria and road plans.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "_off-topic" ], "date": "18/03/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23236.json", "html_url": "/legal/doc/pgr-23236", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23236&strTipM=T" }, { "id": "pgr-23255", "citation": "OJ-050-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Amendment to Article 39 of the General Police Law: organization, permanent status and expanded functions of the Police Reserve", "title_es": "Reforma al artículo 39 de la Ley General de Policía: organización, carácter permanente y ampliación de funciones de la Reserva", "summary_en": "The Attorney General's Office analyzes legislative bill 22589, which proposes amending Article 39 of the General Police Law — currently Article 43 — to transfer the organization of the Police Reserve from the President to the Minister of Public Security, make the reserve permanent, and allow it to operate in high-crime areas as well as emergencies. It concludes that the police body is strictly a legislative creation, so all three proposed changes fall within the legislator's discretion and present no constitutional or legal obstacles. The opinion clarifies that shifting organizational authority does not affect the President's supreme command of the public force. It refrains from judging the policy merits or the ad honorem nature of the reservists.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/03/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23255.json", "html_url": "/legal/doc/pgr-23255", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23255&strTipM=T" }, { "id": "pgr-23258", "citation": "C-067-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Authorization of water infrastructure works within 200-meter protection zones of drinking water sources", "title_es": "Autorización de obras de infraestructura hídrica en el área de protección de 200 metros de fuentes de agua potable", "summary_en": "The Attorney General's Office analyzes whether water capture infrastructure works (tanks, intakes) built by ASADAs or municipal water systems can be authorized within the 200-meter radius perimeter established by Article 31 of the Water Law, or whether that area must remain exclusively for forest use. It concludes that the public domain protection of the 200-meter zone implicitly authorizes the construction of indispensable infrastructure to capture water and guarantee the public drinking water supply service, since the protection exists precisely because of the presence or planned construction of a capture site. It also determines that the Costa Rican Institute of Aqueducts and Sewers (AyA) is the entity responsible for approving such works. If the area is part of the State's natural heritage, compliance with the procedure and requirements of Article 18 bis of the Forestry Law is also required, including a public interest declaration and technical endorsement by AyA.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "28/03/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23258.json", "html_url": "/legal/doc/pgr-23258", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23258&strTipM=T" }, { "id": "pgr-23308", "citation": "OJ-097-2021", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legislative authorization for donation of CNP properties", "title_es": "Autorización legislativa para donación de inmuebles del CNP", "summary_en": "The Attorney General's Office issued a legal opinion on Bill 22.191, which authorizes the National Production Council (CNP) to donate land to AYA and FEDEFÚTBOL, and the National Rehabilitation Board to donate land to CNP. The PGR states that legislative authorization is necessary because CNP lacks the power to freely dispose of its assets, but emphasizes that this authorization is permissive rather than mandatory, and must respect CNP's administrative autonomy. It warns that the original bill lacks the consent of CNP's Board of Directors, which the PGR considers essential to avoid violating its autonomy. It recommends obtaining that endorsement and, for the donation to FEDEFÚTBOL, including oversight and possible reversion clauses due to the granting of a patrimonial benefit to a private entity. Finally, it suggests that the tax exemption be regulated in an ordinary article rather than as a transitory provision.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/05/2021", "year": "2021", "json_url": "/data/legal/docs/pgr-23308.json", "html_url": "/legal/doc/pgr-23308", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23308&strTipM=T" }, { "id": "pgr-23355", "citation": "C-093-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Removal of trees in road right-of-way without MINAE permit", "title_es": "Remoción de árboles en derecho de vía sin permiso del MINAE", "summary_en": "The Attorney General's Office interprets Article 2 bis of the General Public Roads Law, as amended by Law 9789. It concludes that public entities may remove trees located in legally established right-of-way without prior authorization from MINAE, provided it is for maintenance or improvement works on the existing road network and does not involve protected areas, protection zones, or protected tree species. The removal must be reported to MINAE for registration, but no permit is required. In other cases (new works, trees outside established right-of-way or not for maintenance/improvement), authorization is needed. The regulation of the article must be issued jointly by MOPT and MINAE given overlapping competencies.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "04/05/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23355.json", "html_url": "/legal/doc/pgr-23355", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23355&strTipM=T" }, { "id": "pgr-23391", "citation": "OJ-068-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Metallic Mining Activity and Environmental Protection: Constitutional Conditions for a New Legal Framework", "title_es": "Actividad minera metálica y tutela ambiental: condiciones constitucionales para un nuevo marco legal", "summary_en": "The Attorney General's Office analyzes the substitute text of the bill 'Law for Social Development through the Regulation of Metallic Mining Activity' (file 21.584). It notes that while the legislator has freedom to configure public domain goods under Article 121(14) of the Constitution, the initiative reduces environmental protection by moving from an absolute ban on open-pit metallic mining (Law 8904) to a regime allowing underground and surface exploitation. It recalls that the Constitutional Chamber only accepts such reduction if the principles of prevention, non-regression, and objectivization of environmental protection are respected, which requires technical studies justifying the measure. It warns of internal contradictions in permit deadlines, definitions of mining scales without technical support, omission of a sanctioning procedure, and a transitory provision favoring only the canton of Abangares, raising doubts of constitutionality for violating the principle of equality. It recommends adjusting the text and consulting MICITT on technical training.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "17/05/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23391.json", "html_url": "/legal/doc/pgr-23391", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23391&strTipM=T" }, { "id": "pgr-23394", "citation": "C-079-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal requirements for exemption from real property tax", "title_es": "Requisitos municipales para no afectación al impuesto sobre bienes inmuebles", "summary_en": "The Office of the Attorney General examines whether the Municipality of Sarchí may require taxpayers to submit certifications of laws, public registry documents, or certificates from SINAC, MINAE, DINADECO, CONAI, or INDER, and whether it may verify the area used for worship or common use, as part of the real property tax exemption procedure. It concludes that, under Article 8 of Law 8220, the municipality cannot demand certifications or information already held by other public bodies, and it must coordinate inter‑institutionally to obtain that information. The municipality may request sworn statements and verify data through inspections or other means of proof consistent with administrative simplification rules.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/04/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23394.json", "html_url": "/legal/doc/pgr-23394", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23394&strTipM=T" }, { "id": "pgr-23408", "citation": "OJ-071-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Lack of technical studies supporting the DUA Law bill", "title_es": "Falta de estudios técnicos que sustenten el proyecto de Ley DUA", "summary_en": "The Attorney General's Office issued a non-binding legal opinion on the substitute text of Bill 22391 'Law for the management and regularization of the State's natural heritage and the environmental utility right (DUA Law)'. The PGR identified several issues, the main one being the lack of technical studies supporting the bill, which could render it unconstitutional. It also pointed out contradictions and deficiencies in several articles, such as the modification of the State's natural heritage regime without technical support, the overly broad authorization of infrastructure works and activities in protected areas, and the incorrect reference to titling processes when only an administrative real right is granted. The opinion reiterates observations from a previous pronouncement (OJ-078-2021) and warns that the bill reduces the current level of environmental protection, thus requiring technical justification to be constitutional.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "property-and-titling", "forestry-law-7575", "environmental-law-7554" ], "date": "19/05/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23408.json", "html_url": "/legal/doc/pgr-23408", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23408&strTipM=T" }, { "id": "pgr-23433", "citation": "C-125-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Exemption from construction license for the Costa Rican Social Security Fund", "title_es": "Exención de licencia constructiva para la Caja Costarricense del Seguro Social", "summary_en": "The Office of the Attorney General responds to the Moravia Municipality's inquiry on whether the Costa Rican Social Security Fund (CCSS) should be considered an institution exempt from requiring a municipal construction license, under Article 75 of the Construction Law. The opinion reaffirms the historical criterion of the Attorney General's Office that autonomous institutions, like the CCSS, are covered by the exemption established in Article 75 of the Construction Law, which relieves the State and its dependencies from obtaining a municipal license to build. It explains that the phrase 'other State dependencies' should be interpreted as referring to decentralized entities, since the first sentence of the article already covers the Branches of Government. The CCSS, as an autonomous institution with national health competencies, is not obliged to process a municipal license or a land-use certificate, given the merely declaratory nature of the latter. However, it emphasizes that the exemption is not a loophole for ignoring local urban planning regulations or constitutional principles such as environmental protection. Entities must coordinate with municipalities and, in principle, respect regulatory plans, unless there is a superior national public interest that justifies departing from them.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/06/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23433.json", "html_url": "/legal/doc/pgr-23433", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23433&strTipM=T" }, { "id": "pgr-23435", "citation": "OJ-079-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Prior environmental impact assessment for agricultural burning", "title_es": "Evaluación de impacto ambiental previa para quemas agrícolas", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on legislative bill 22.906, which reforms the Soil Use, Management and Conservation Law (7779) and the Law on Dividing Fences and Burning (121), to require a prior environmental impact assessment (EIA) for agricultural burning. It concludes that requiring a prior EIA is a constitutional and legal obligation, stemming from Article 50 of the Constitution and Article 17 of the Environmental Law, because agricultural burning causes serious harm to the environment and health. It recommends that the EIA be required for all agricultural burning, not just for crops already requiring an EIA, and that the sanctioning body and procedure be specified. It also suggests requiring a technical opinion from SINAC in all cases and eliminating the possibility of granting a permit without that opinion, given that positive silence does not apply in environmental matters.", "primary_topic_id": "soil-conservation-7779", "topic_ids": [ "soil-conservation-7779", "environmental-law-7554" ], "date": "10/06/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23435.json", "html_url": "/legal/doc/pgr-23435", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23435&strTipM=T" }, { "id": "pgr-23439", "citation": "OJ-082-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Authorization of works in La Culebra wetland and Decree 39838", "title_es": "Autorización de obras en el humedal La Culebra y el Decreto 39838", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill No. 22,839, which seeks to authorize the construction of road infrastructure over the La Culebra wetland. It notes that Executive Decree No. 39838 already exists, endorsed by the Constitutional Chamber, establishing a rigorous technical procedure for controlled interventions in wetlands, including an environmental impact assessment and requirements before SINAC. It points out that the legislative initiative lacks technical studies to justify the intervention and omits the environmental impact assessment required by the Organic Environmental Law. It warns that passing the law without such backing could violate the principles of non-regression, objectification of environmental protection, and the right to a healthy environment, and recommends assessing the appropriateness of the bill in light of the current regulatory framework and constitutional criteria.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "environmental-law-7554", "wildlife-law-7317" ], "date": "20/06/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23439.json", "html_url": "/legal/doc/pgr-23439", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23439&strTipM=T" }, { "id": "pgr-23442", "citation": "C-131-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Oversight of ASADAS after Law 8776", "title_es": "Fiscalización de ASADAS tras Ley 8776", "summary_en": "The Attorney General's Office concludes that Law 8776 did not eliminate the Executive Branch's oversight powers over ASADAS, as established in the Associations Law. The generic declaration of public interest only exempted these associations from the individual procedure to obtain tax exoneration, but leaves intact the control attributions of the Ministry of Justice and Peace, through the Legal Entities Directorate. It also determines that AyA's competencies are limited to supervising the public water service, without displacing state oversight over the associations. It recommends updating the regulation of ASADAS by the Executive Branch, without prejudice to current regulations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/06/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23442.json", "html_url": "/legal/doc/pgr-23442", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23442&strTipM=T" }, { "id": "pgr-23458", "citation": "C-083-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of the tax on signs and billboards in Acosta", "title_es": "Alcance del impuesto sobre rótulos y vallas en Acosta", "summary_en": "The Attorney General's Office analyzes the scope of Article 22 of Law No. 8649, Municipal Tax Tariff of the Canton of Acosta, which establishes a tax on advertisements and signs. The query, raised by the Internal Audit of the Municipality of Acosta, seeks to determine whether this tax applies to any individual or political party installing signs or billboards, and whether it is applicable only to lucrative activities. The PGR concludes that, in accordance with Articles 1 and 22 of said law, the installation of any advertisement or sign, regardless of its content —commercial, political, or social—, is considered a lucrative activity and, therefore, is subject to prior municipal licensing and payment of the respective tax. The taxpayer is the licensee, whether an individual or a legal entity. It emphasizes that the obligation applies to any person carrying out the installation, without distinction based on the content of the message.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection", "_off-topic" ], "date": "21/04/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23458.json", "html_url": "/legal/doc/pgr-23458", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23458&strTipM=T" }, { "id": "pgr-23473", "citation": "OJ-096-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Amnesty for agricultural wells: constitutional risks and observations on the bill", "title_es": "Amnistía para pozos agropecuarios: riesgos constitucionales y observaciones al proyecto de ley", "summary_en": "The Attorney General's Office examines bill No. 22709, which proposes an amnesty to register uninscribed wells and surface sources and grant water use concessions for agricultural activities. It concludes that automatic registration and simultaneous granting of concessions, without prior requirements such as an environmental impact assessment, violate Article 50 of the Constitution and the precautionary, preventive, objectivity of environmental protection, reasonableness, and rational use principles. It recommends limiting the amnesty to registration, reserving concessions for the ordinary procedure, and suggests that SENARA and ICAA reports be binding. It also warns that the lack of a validity period encourages illegal drilling.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "environmental-law-7554" ], "date": "15/07/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23473.json", "html_url": "/legal/doc/pgr-23473", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23473&strTipM=T" }, { "id": "pgr-23475", "citation": "OJ-097-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reversal of the ban on open-pit metallic mining and regulation of mining activity", "title_es": "Reversión de la prohibición de minería metálica a cielo abierto y regulación de la actividad minera", "summary_en": "The PGR issues a non-binding legal opinion on the substitute text of Bill 21584, the 'Law for Social Development through the Regulation of Metallic Mining Activity'. It examines the proposal to repeal Article 8 bis of the Mining Code, which bans open-pit metallic mining concessions, and to allow surface exploitation at small and medium scales. The PGR reiterates that, according to the Constitutional Chamber, the current ban is based on technical reasons and the preventive and precautionary principles to protect health and the environment. It concludes that its reversal would require technical justification proving no adverse effects. It also notes that the reform would reduce the level of environmental protection, contravening the principles of progressivity and non-regression. It offers specific observations on the text, including the need to extend prohibitions to all state natural heritage and to avoid transferring the cost of repairing environmental damage to the State.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "15/07/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23475.json", "html_url": "/legal/doc/pgr-23475", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23475&strTipM=T" }, { "id": "pgr-23479", "citation": "OJ-099-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bill to create inter-municipal watershed management bodies", "title_es": "Proyecto de ley para crear organismos intermunicipales de gestión de cuencas hidrográficas", "summary_en": "The Attorney General's Office analyzes Bill No. 22.185, which proposes adding a second paragraph to Article 9 of the Municipal Code to empower municipalities to create inter-municipal bodies with legal personality for managing watersheds, sub-watersheds, or micro-watersheds. The PGR notes that coordination in watersheds is already provided for in existing regulations such as the Soil Regulation, the Biodiversity Law, and the Decree on the National Watershed Network, and that Article 9 of the Municipal Code already allows inter-municipal agreements to fulfill common objectives, while Article 10 permits federations. It warns that creating new entities could lead to duplication of functions, interpretation problems, and even irregular delegation of powers, without eliminating the need to coordinate with other national institutions. It concludes that the real necessity of the amendment must be assessed and that any new body must be limited to existing municipal competencies.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "20/07/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23479.json", "html_url": "/legal/doc/pgr-23479", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23479&strTipM=T" }, { "id": "pgr-23487", "citation": "OJ-101-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Exemption from environmental regulations and access to private property during national emergencies", "title_es": "Exención de normativa ambiental y acceso a propiedad privada durante emergencias nacionales", "summary_en": "The Attorney General's Office analyzes whether executing units during the reconstruction phase of a national emergency must comply with forest inventories, mitigation plans, hydraulic studies, and obtain owner permits to enter private land. It concludes that under the exception regime, environmental requirements such as forest inventories and hydrological studies may be omitted if their fulfillment hinders urgent emergency response, applying proportionality and reasonableness principles. Regarding entry to private property, Article 36 of Law 8488 allows imposing necessary easements without owner authorization if strictly indispensable for emergency attention. Determination of exempted requirements and necessary works must be case-specific, based on the General Emergency Plan.", "primary_topic_id": null, "topic_ids": [], "date": "28/07/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23487.json", "html_url": "/legal/doc/pgr-23487", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23487&strTipM=T" }, { "id": "pgr-23491", "citation": "OJ-103-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on bill reforming SINAC structure", "title_es": "Opinión sobre proyecto de ley que reforma estructura del SINAC", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 22.604, proposing a comprehensive amendment to Section II of the Biodiversity Law (No. 7788) concerning the National System of Conservation Areas (SINAC). The opinion provides numerous form and substance recommendations: correcting drafting errors, avoiding potential conflicts of jurisdiction among bodies, and clarifying the functions of the National Council of Conservation Areas (CONAC). It warns about the lack of detailed regulation of the financial tools authorized for SINAC (fees, trusts) and points out that under Law 9524, SINAC's budget is now part of the National Budget and requires legislative approval. It also recommends delimiting concessionable services and activities for visiting protected areas, avoiding confusion between use permits and concessions for non-essential services. The opinion concludes that while the bill's approval is a legislative decision, the observations should be considered.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "01/08/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23491.json", "html_url": "/legal/doc/pgr-23491", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23491&strTipM=T" }, { "id": "pgr-23513", "citation": "OJ-109-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Change of Management Category of Los Chorros Park to Natural Monument", "title_es": "Cambio de categoría de manejo del Parque Los Chorros a Monumento Natural", "summary_en": "Non-binding legal opinion of the Attorney General's Office (PGR) on Bill 21,734, which seeks to transform the Los Chorros Municipal Recreational Park into a Natural Monument. The PGR analyzes the legal requirements for creating protected wilderness areas under the Environmental Organic Law (Art. 36) and the Biodiversity Law (Art. 58), noting that prior technical studies justifying the management category are required and that the declaration of a natural monument is the responsibility of MINAE, even though administration corresponds to municipalities. It warns that creating the protected area entails incorporation into the State's natural heritage, with a regime of public domain and inalienability, and that several provisions of the bill (management plan, prohibited activities, PGR approval) must be adjusted to current regulations.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "11/08/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23513.json", "html_url": "/legal/doc/pgr-23513", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param1=PRD¶m6=1&nDictamen=23513&strTipM=T" }, { "id": "pgr-23518", "citation": "C-177-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Technical delimitation of Tortuguero National Park boundaries regarding the Sierpe River", "title_es": "Determinación técnica del límite del Parque Nacional Tortuguero respecto al río Sierpe", "summary_en": "The Attorney General's Office declares inadmissible a deputy's inquiry seeking to establish whether the Sierpe River lies within Tortuguero National Park under Law No. 5680. The advisory body holds that the precise geographic delimitation of a protected wild area—and the placement of a river within those boundaries—is not an abstract legal question but a purely technical matter that falls outside its consultative mandate. It reiterates that its role is confined to providing opinions on the interpretation and application of the legal system, without encroaching on the powers of other public agencies having statutory special jurisdiction, such as the National System of Conservation Areas (SINAC), which is charged by the Forestry Law and the Biodiversity Law with demarcating the boundaries of State natural heritage lands. The opinion emphasizes that, even though the Attorney General collaborates with the Legislative Assembly through non-binding opinions, it must observe admissibility requirements, including that the request involve strictly legal subjects rather than matters belonging to other entities. Finally, it notes that any delimitation must take into account the coordinates set out in Law No. 5680 and Executive Decree No. 11148, and that even if the river were technically excluded, the scope of JAPDEVA's jurisdiction would need to be analyzed in light of previous opinions.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788", "_off-topic" ], "date": "18/08/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23518.json", "html_url": "/legal/doc/pgr-23518", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23518&strTipM=T" }, { "id": "pgr-23521", "citation": "OJ-110-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on Bill 22.428 — Anti‑corruption and Transnational Bribery Reforms", "title_es": "Opinión sobre proyecto 22.428 — Reformas en anticorrupción y soborno transnacional", "summary_en": "The PGR issues a non‑binding opinion on Bill 22.428, which aims to align Costa Rican legislation with the OECD Anti‑Bribery Convention. It examines amendments to multiple laws, including the Judicial Organic Law, Criminal Code, Extradition Law, Income Tax Law, communications interception law, Public Ministry Organic Law, Criminal Procedure Code, Law 7786, Law 8422, and Law 9699, as well as additions to the Criminal Code and Criminal Procedure Code. The PGR highlights positive aspects and raises technical observations on proportionality, legality, and normative coherence. It warns that adding “or within” to Article 2 of the Extradition Law is incorrect and proposes alternative wording. Most modifications intended to comply with the Working Group on Bribery’s recommendations are validated, but adjustments to sentencing dosimetry and the exclusion of family members with a right of abstention from the coercion offense are recommended. The opinion has no binding effect as it was requested by a legislative committee.", "primary_topic_id": null, "topic_ids": [], "date": "12/08/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23521.json", "html_url": "/legal/doc/pgr-23521", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23521&strTipM=T" }, { "id": "pgr-23536", "citation": "OJ-119-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on Bill 22.357 granting RTBF access to judicial and financial oversight bodies", "title_es": "Opinión sobre el proyecto 22.357 de acceso al RTBF por órganos judiciales y financieros", "summary_en": "The Attorney General's Office reviews Bill 22.357, which amends the Anti-Fraud Law and the Tax Code in three areas: penalties for RTBF non-compliance, mandatory reporting of any change, and extended access to confidential RTBF data for financial superintendencies, criminal judges, and the Central Bank for statistics. It finds the penalty and update provisions constitutional and enhancing legal certainty, but cautions that broad access to confidential personal data without specific legitimate aims could infringe the right to informational self-determination, and recommends narrowing the purposes and limiting judicial access to tax or money laundering crimes.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/09/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23536.json", "html_url": "/legal/doc/pgr-23536", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23536&strTipM=T" }, { "id": "pgr-23566", "citation": "OJ-128-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Regulation of artisanal and small-scale mining — constitutional doubts over mercury and cyanide use", "title_es": "Regulación de minería artesanal y pequeña escala — dudas de constitucionalidad por uso de mercurio y cianuro", "summary_en": "The Attorney General’s Office issues a non-binding opinion on Bill 22.934, which seeks to regulate artisanal and small-scale metallic and non-metallic mining. Serious constitutional issues are identified: extending the deadline for prohibiting mercury amalgamation and cyanide leaching contravenes the Minamata Convention, Articles 21 and 50 of the Constitution, and the principles of non-regression, prevention and precaution. The opinion criticizes delegating key requirements to regulations, proposing to replace the environmental impact study with a less rigorous instrument, and the lack of technical studies justifying the reduction in environmental protection. The AG warns that approval would require overcoming constitutional review before the Constitutional Chamber.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "03/10/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23566.json", "html_url": "/legal/doc/pgr-23566", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23566&strTipM=T" }, { "id": "pgr-23574", "citation": "C-210-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal authority to declare public roads without a regulatory plan", "title_es": "Competencia municipal para declarar vías públicas sin plan regulador", "summary_en": "The Municipality of Palmares inquired whether the Municipal Council may, under its constitutional autonomy, adopt policies and regulations on road infrastructure and urban development establishing rules for declaring public streets without following the procedure under Article 17 of the Urban Planning Law (Law 4240). The Attorney General’s Office concludes that urban development and road policies are matters exclusive to the regulatory plan and its development regulations; hence, the Council cannot issue regulations defining such policies without formulating those instruments in compliance with Article 17. However, municipalities retain the legal authority to declare public roads of the cantonal road network, even without a regulatory plan, pursuant to the General Public Roads Law and other statutes. Moreover, exercising its normative autonomy, the Council may internally regulate how it will exercise the power to declare cantonal public streets, provided it does not encroach upon matters reserved for the regulatory plan or contravene applicable laws. Opinion C-179-2013 is clarified: municipalities may not regulate the laws granting them the function, but may regulate their internal organization in relation to it.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/09/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23574.json", "html_url": "/legal/doc/pgr-23574", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23574&strTipM=T" }, { "id": "pgr-23575", "citation": "C-220-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal authority to record springs on land-use certificates", "title_es": "Competencia municipal para consignar nacientes en certificados de uso de suelo", "summary_en": "The Attorney General's Office addresses whether municipalities may deny land-use permits based on springs not yet assessed by the Water Directorate, and whether they may purge their spring database. It concludes that, while land-use certificates must note the presence of water bodies and their protection areas, determining the type of spring (permanent or intermittent) and the precise extent of the protection zone falls exclusively within the Water Directorate's technical authority. A municipality may therefore not unilaterally classify a spring or impose restrictions absent that official determination. Where such a determination is pending, the municipality may either defer issuing the certificate or issue it with a warning that the applicable protection area will be defined by the Water Directorate's report. Database cleanup is an administrative decision for the local government, within the legal framework.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "06/10/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23575.json", "html_url": "/legal/doc/pgr-23575", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23575&strTipM=T" }, { "id": "pgr-23615", "citation": "OJ-157-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Feasibility of declaring the San Carlos, Sarapiquí, Savegre, Pacuare, and Banano river basins as natural monuments", "title_es": "Viabilidad de declarar monumentos naturales las cuencas de los ríos San Carlos, Sarapiquí, Savegre, Pacuare y Banano", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 19.515, which aims to protect the basins of the San Carlos, Sarapiquí, Savegre, Pacuare, and Banano rivers by declaring them natural monuments. The PGR warns that the bill lacks the technical studies required by Articles 36 of the Organic Environmental Law (7554) and 58 of the Biodiversity Law (7788) for the creation of protected wild areas. It notes that even though the Legislative Assembly has the authority to create such areas by law, it must meet the same technical requirements demanded of executive decrees, including the opinion of MINAE. Furthermore, it points out serious omissions: it does not clarify the legal status of private property within the areas, ignores potential overlaps with other protected areas, and creates duplication of functions with existing bodies by setting up new basin commissions. It reiterates the opinion of OJ-135-2015 and recommends assessing the observations made before approving the initiative.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "environmental-law-7554", "biodiversity-law-7788" ], "date": "07/11/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23615.json", "html_url": "/legal/doc/pgr-23615", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23615&strTipM=T" }, { "id": "pgr-23641", "citation": "OJ-169-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Wildlife crossings in infrastructure — Bill 23166", "title_es": "Pasos de fauna en infraestructuras — Proyecto de ley 23166", "summary_en": "The Attorney General's Office reviewed Bill 23166, which would add Article 31 bis to the Environmental Organic Law, requiring all infrastructure affecting wildlife crossings to incorporate structures that ensure safe animal passage. The opinion finds that environmental impact assessment already covers this obligation, but the legislature may reinforce it by statute. It recommends amending the wording to remove the restriction to protected areas and to avoid conditioning the obligation on prior evidence of accidents. It also suggests that transitional provisions for existing infrastructure need more comprehensive regulation and realistic timelines. This is a non-binding legal opinion requested by the Special Infrastructure Committee of the Legislative Assembly.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "environmental-law-7554", "wildlife-law-7317" ], "date": "15/11/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23641.json", "html_url": "/legal/doc/pgr-23641", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23641&strTipM=T" }, { "id": "pgr-23642", "citation": "OJ-168-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Unfeasibility of the bill to title lands in Villa Sierpe, Osa", "title_es": "Inviabilidad del proyecto de ley para titular tierras en Villa Sierpe, Osa", "summary_en": "The Attorney General's Office analyzes bill 22.931, which seeks to remove lands from the public domain in Villa Sierpe, Osa, in order to title them to historical occupants. It warns that the Legislative Assembly is not entitled to consult in the exercise of its legislative function, but issues a non-binding opinion in a spirit of cooperation. The PGR concludes the bill is legally unfeasible: it fails to precisely delimit the area to be removed from the public domain, creating uncertainty about its impact on the maritime-terrestrial zone, wetlands (including the Térraba Sierpe National Wetland), and the State's natural heritage. Moreover, it omits prior technical studies to objectify the decision, violating the principles of objectification of environmental protection, reasonableness, proportionality, progressivity, and non-regression, as well as Article 50 of the Constitution. It also lacks technical justification for requiring 20 years of occupation and a definitions section. Constitutional Court case law requiring prior studies for disaffections affecting the environment is cited.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "15/11/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23642.json", "html_url": "/legal/doc/pgr-23642", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23642&strTipM=T" }, { "id": "pgr-23644", "citation": "OJ-165-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Possible unconstitutionality of bill to title occupations in the maritime zone", "title_es": "Posibles vicios de constitucionalidad de ley para titular ocupaciones en ZMT", "summary_en": "The Attorney General's Office analyzes bill 22796, which sought to open a window for occupants of the maritime terrestrial zone (ZMT) without legitimate title to register the lands as private property through possessory information proceedings, and to guarantee the immutability of already registered properties. It concludes that the initiative presents multiple constitutional flaws: it violates the principle of intangibility of the ZMT as a public environmental domain asset, lacks the required technical studies, contravenes the principles of reasonableness, proportionality, non-regression, and precaution, and implies a prohibited generalized disaffection. It also notes that a ten-year possession over public domain goods is not suitable for adverse possession. Therefore, it recommends not approving the bill.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling", "_off-topic" ], "date": "11/11/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23644.json", "html_url": "/legal/doc/pgr-23644", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23644&strTipM=T" }, { "id": "pgr-23676", "citation": "OJ-181-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Strengthening MINAE competencies and environmental deconcentration", "title_es": "Fortalecimiento de competencias del MINAE y la desconcentración ambiental", "summary_en": "The Costa Rican Attorney General’s Office (Procuraduría General de la República) issues a non-binding legal opinion on Bill No. 23213, “Strengthening the Competencies of the Ministry of Environment and Energy” (MINAE). The bill aims to improve environmental governance by reducing the degree of deconcentration of SETENA, CONAGEBIO, and SINAC, and eliminating their instrumental legal personality. The opinion analyzes the nature of administrative deconcentration (minimum and maximum degrees) and explains that instrumental legal personality grants budgetary independence without creating a separate legal entity. The PGR finds that modifying these degrees and removing instrumental personality falls within legislative discretion. However, it offers numerous technical observations: need to delineate competencies between SETENA and the Environmental Administrative Tribunal, ensure technical criteria are binding on the hierarchical superior, specify sanctionable infractions and fines, harmonize the bill with other environmental laws and with the constitutional amendment recognizing the human right to water, and warns that piecemeal amendments to the Water Law conflict with OECD recommendations and the constitutional mandate for a comprehensive water law. The PGR advises the legislature to consider these observations before enacting the bill.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788" ], "date": "07/12/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23676.json", "html_url": "/legal/doc/pgr-23676", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23676&strTipM=T" }, { "id": "pgr-23738", "citation": "OJ-200-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Amendment to Article 23 of Law 6836 and salary setting for medical science professionals in the private sector", "title_es": "Reforma al artículo 23 de la Ley 6836 y fijación de salarios para profesionales en ciencias médicas del sector privado", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on a bill to amend Article 23 of the Law on Incentives for Medical Science Professionals (Law No. 6836). Currently, this article equates the salary conditions of these professionals in both the public and private sectors, which the Attorney General considers unconstitutional for encroaching on the exclusive authority of the National Wages Council to set minimum wages in the private sector and for disregarding the differences between the two employment regimes. The proposed amendment seeks to establish that private-sector professionals shall be governed by mutual agreement, respecting the constitutional minimum wage, while public-sector professionals will maintain the conditions stipulated in the law. The Attorney General supports the reform, deeming it consistent with constitutional case law, which has declared similar provisions unconstitutional for violating Article 57 of the Political Constitution and ILO Convention 131 by imposing salary parameters on the private sector that are set without the participation of private employers or adequate technical criteria.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/12/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23738.json", "html_url": "/legal/doc/pgr-23738", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23738&strTipM=T" }, { "id": "pgr-23744", "citation": "C-255-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "MOPT construction of port facilities on the Pacific coast without INCOP participation", "title_es": "Construcción de instalaciones portuarias en el Pacífico por el MOPT y participación del INCOP", "summary_en": "This opinion addresses whether the Ministry of Public Works and Transport (MOPT) may initiate construction of a port facility on the Pacific coast without the participation of the Costa Rican Institute of Pacific Ports (INCOP), given that Article 1 of Law 1721 designates INCOP as the port authority for that region. The Attorney General's Office concludes that MOPT may do so, based on its status as national port authority under Law 3155, which empowers it over deep-water and cabotage ports and establishes it as the sole official authority on national objectives. However, this power must be exercised in coordination with INCOP, respecting the duty of inter-institutional collaboration to avoid duplication and ensure efficiency and effectiveness in achieving public purposes. The competencies are not antagonistic but concurrent and complementary; thus, any MOPT project must harmonize with INCOP's plans.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/11/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23744.json", "html_url": "/legal/doc/pgr-23744", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23744&strTipM=T" }, { "id": "pgr-23755", "citation": "OJ-003-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on tax non-subjection for community water associations (ASADAs)", "title_es": "Criterio sobre principio de no sujeción tributaria para las ASADAS", "summary_en": "The Attorney General's Office analyzes Legislative Bill 23.164, which proposes establishing a principle of tax non-subjection for Community Water and Sewer System Management Associations (ASADAs), replacing the current exemption regime. The reform aims to exempt these associations from taxes such as stamps, VAT, real estate, environmental and discharge fees, ARESEP regulatory fees, and import taxes on vehicles, equipment, and work materials, thereby eliminating administrative exemption procedures. The PGR concludes that approving the bill falls within the legislator's discretion, given the principle of legal reserve in tax matters (Constitution Article 121.13). However, it recommends that the wording expressly exclude any administrative procedures before the Ministry of Finance, MINAE, and ARESEP for the granted benefits, to provide clarity.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/01/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-23755.json", "html_url": "/legal/doc/pgr-23755", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23755&strTipM=T" }, { "id": "pgr-23800", "citation": "C-029-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Reduction of municipal construction tax for community organizations", "title_es": "Reducción del impuesto municipal sobre construcciones para organizaciones comunales", "summary_en": "The Attorney General’s Office analyzes whether a municipality can reduce the percentage of the construction tax (up to 1% under Article 70 of the Urban Planning Law) in favor of development associations, ASADAs, or other community organizations. It concludes that there is no express legal exemption for such entities, so a reduction to 0% or total exemption is not permissible. However, the municipality may, via regulation, adjust the rate within a range of 0.01% to a maximum of 1%, by establishing categories of taxpayers based on objective criteria and respecting the principle of tax equality. The opinion partially reconsiders previous rulings that allowed 0% rates, finding them contrary to the principle of legal reserve.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/02/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-23800.json", "html_url": "/legal/doc/pgr-23800", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23800&strTipM=T" }, { "id": "pgr-23822", "citation": "OJ-028-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal requirements for donating state public-domain land to a municipality", "title_es": "Requisitos jurídicos para donar un bien demanial del Estado a un municipio", "summary_en": "The Attorney General’s Office reviews Bill No. 23.374, which would allow the State to donate to the Municipality of Alajuela a plot hosting the Montecillos Cattle Market. It finds the land was acquired for a public purpose and is therefore public domain (demanial). It stresses that donating demanial property between public entities requires a special law that either expressly deaffects the land or, if the public purpose is preserved, authorizes a change in use (mutación demanial). The opinion notes the bill fails to specify the land’s current legal nature or intended future use—essential to determine the applicable legal regime. It flags inconsistencies in the registered survey map and recalls that altering public recreational spaces demands compensatory measures to protect constitutional rights. It recommends correcting these gaps before proceeding.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/03/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-23822.json", "html_url": "/legal/doc/pgr-23822", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23822&strTipM=T" }, { "id": "pgr-23835", "citation": "OJ-018-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Declassification and donation of national reserve land for the Potrero Grande Red Cross Committee", "title_es": "Desafectación y donación de reserva nacional para el Comité de la Cruz Roja de Potrero Grande", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 23.170, which aims to declassify, subdivide, and donate a 794 m² plot of state-owned national reserve land to the Auxiliary Committee of the Red Cross in Potrero Grande, Buenos Aires. The PGR highlights that, as a national reserve under public domain, a prior technical criterion from MINAE is indispensable to determine whether the land contains forests or forestry aptitude that would make it part of the State's Natural Heritage. Otherwise, the land would fall residually to INDER but still require specific legislative declassification. Additionally, it recommends registering the property as an individualized plot before donation for legal certainty. The PGR concludes that approval is a legislative decision but recommends addressing the technical and legal observations made.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "28/02/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-23835.json", "html_url": "/legal/doc/pgr-23835", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23835&strTipM=T" }, { "id": "pgr-23878", "citation": "OJ-044-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Defecting JAPDEVA property without prior technical study violates the Constitution", "title_es": "Desafectación de finca de JAPDEVA sin estudio técnico previo viola la Constitución", "summary_en": "The Attorney General's Office analyzes bill No. 23495, which sought to partially defect JAPDEVA's property (folio number 96658-000) to enable titling of possessors through possessory information proceedings. The opinion concludes that the bill suffers from the same constitutional defects that led to Law No. 9205 (2013) being declared unconstitutional by the Constitutional Chamber (ruling 2375-2017). It notes the absence of a prior technical study to justify the defeasance, a substantial requirement under Article 50 of the Constitution and the principle of objectivizing environmental protection. The partial and indefinite defeasance, without specifying the exact lands, renders the measure irrational and disproportionate. Moreover, the bill would allow computing illegal possessions over public domain assets, contradicting constitutional case law requiring that the ten-year possession predate the allocation to public domain. The Attorney General recommends assessing these defects before approving the initiative.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "property-and-titling" ], "date": "27/04/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-23878.json", "html_url": "/legal/doc/pgr-23878", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23878&strTipM=T" }, { "id": "pgr-23902", "citation": "OJ-012-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on bill for comprehensive reform of the Maritime Terrestrial Zone Law", "title_es": "Opinión sobre proyecto de reforma integral a la Ley de Zona Marítimo Terrestre", "summary_en": "The Attorney General's Office analyzes Bill 22553, which aims to comprehensively reform the Maritime Terrestrial Zone Law (6043). It identifies a fundamental contradiction: the text calls itself an integral reform yet includes an article that repeals the very law it seeks to reform, which would create serious application issues, such as the potential regularization of illegitimate occupations. It warns about the need to specify exclusions from the regime, especially regarding the State's Natural Heritage and mangroves. It notes that eliminating authorizations from other institutions for interventions in the public zone could weaken protection of this public domain asset. It questions changes in territorial planning that would affect municipal and INVU competencies. It criticizes establishing a fixed term for concessions instead of a variable one, the removal of legislative control over island concessions, and the modification of the 'settlers' concept which would validate possessions after 1977. It concludes that the bill requires substantial adjustments to be coherent and respect the public domain regime.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic", "property-and-titling" ], "date": "31/01/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23902.json", "html_url": "/legal/doc/pgr-23902", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23902&strTipM=T" }, { "id": "pgr-23923", "citation": "OJ-057-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Proposed Regulation for the Foreign Service Statute — technical-legal observations", "title_es": "Propuesta de Reglamento al Estatuto de Servicio Exterior — observaciones técnico-jurídicas", "summary_en": "The Attorney General’s Office issues a non-binding opinion on the proposed new Regulation for the Foreign Service Statute (Law No. 3530). It concludes that the draft contains problems of confusing wording, unnecessary fragmentation of provisions, and contradictions with the Law. It recommends reviewing the regulatory technique and adapting several provisions to the Framework Law on Public Employment (No. 10159), especially regarding performance evaluation, promotions, compensation system, vacations, and disciplinary regime. It warns about the risk of limiting the flexibility of indeterminate legal concepts such as “national convenience” or “lack of personnel” (inopia), and notes that setting a maximum term of two years for commission appointments could undermine their exceptional and conditional nature. It emphasizes that executive regulatory power must be strictly subject to the law and cannot contradict or override it.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/05/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-23923.json", "html_url": "/legal/doc/pgr-23923", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23923&strTipM=T" }, { "id": "pgr-23925", "citation": "OJ-106-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Declassification of municipal lands for donation to ASADA", "title_es": "Desafectación de terrenos municipales para donación a ASADA", "summary_en": "The Attorney General's Office analyzes bill 22556, which authorizes the Municipality of Cartago to declassify and donate three properties to the ASADA El Molino. The properties, intended for a well and potable water tank, are part of an urbanization received by the municipality and are designated for public use, making them inalienable municipal public domain goods. The PGR concludes that, although the properties are registered in the name of a dissolved corporation, the municipality acquired ownership by administrative act and may register them in its name through the State Notary without the registered owner's appearance. However, it determines that the properties should not be declassified, as the donation to the ASADA —a private entity with a public service management concession— does not change their status as public-domain goods, remaining tied to potable water supply. Approval of the bill is exclusively a matter for the Legislative Assembly.", "primary_topic_id": null, "topic_ids": [], "date": "03/08/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23925.json", "html_url": "/legal/doc/pgr-23925", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23925&strTipM=T" }, { "id": "pgr-23926", "citation": "OJ-107-2022", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Demanial mutation, not declassification, for land transfer to municipality", "title_es": "Mutación demanial y no desafectación para traspaso de terreno a municipalidad", "summary_en": "This legal opinion analyzes bill 22488, which sought to declassify a MOPT-owned property in Buenos Aires to donate it to the municipality for a sports complex. The PGR concludes that declassification is inappropriate because the property has never lost its demanial (public domain) status; the municipality merely used it de facto for a different public purpose. It recommends substituting declassification with demanial mutation, which allows changing the use without removing the asset from the public domain, provided the principle of parallelism of forms is respected and MOPT's authorization is obtained. Donation between public entities is permissible with legislative authorization, deleting the reference to declassification. The opinion is non-binding.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/08/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23926.json", "html_url": "/legal/doc/pgr-23926", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23926&strTipM=T" }, { "id": "pgr-23930", "citation": "C-110-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of a Consultation Sent Without Specifying Legal Questions", "title_es": "Inadmisibilidad de consulta remitida sin delimitar las dudas jurídicas", "summary_en": "The Attorney General's Office declares inadmissible the consultation submitted by the Municipality of San Rafael regarding the composition, integration, and powers of the Territorial Planning Plan commission. The opinion reiterates the minimum admissibility requirements for consultations, established in Articles 3(b), 4, and 5 of the Organic Law of the Attorney General's Office (Law No. 6815), including the requirement that the subject matter be clear and precise, address generic legal issues rather than specific cases, and be submitted directly by the administrative head. Here, the Municipal Council delegated the formulation of legal questions to its legal advisor and submitted a legal report, preventing the Attorney General's Office from identifying the specific doubts and exercising its binding advisory function. The Office warns that it is not a reviewing body for legal opinions issued by internal legal departments, so the consultation must be resubmitted specifying the legal questions and attaching the legal advisor's detailed opinion on all points consulted.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/05/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-23930.json", "html_url": "/legal/doc/pgr-23930", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23930&strTipM=T" }, { "id": "pgr-23946", "citation": "C-101-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Access to drinking water for precarious permit holders in the maritime-terrestrial zone", "title_es": "Acceso al agua potable para permisionarios en precario de la zona marítimo terrestre", "summary_en": "The PGR analyzes whether AyA must provide drinking water service to holders of a precarious use permit in the restricted zone of the maritime-terrestrial zone, and whether a survey or cadastral map is required to process such connection. It concludes that, given the fundamental nature of the right to water and the existence of a valid permit granted by the Administration, access to the service must be guaranteed to these permit holders, on equal terms with concessionaires. However, in the absence of specific regulation in AyA's Regulations for this scenario, said entity is obliged to regulate the provision of the service in these cases. Likewise, due to the precarious nature of the permit and the public domain asset, requiring a survey or cadastral map is not feasible; therefore, AyA is urged to adjust its regulations to avoid excluding these users.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "11/05/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-23946.json", "html_url": "/legal/doc/pgr-23946", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23946&strTipM=T" }, { "id": "pgr-23962", "citation": "C-183-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Clarification on revocation of GMO permits by the CONAGEBIO Technical Office", "title_es": "Aclaración sobre revocación de permisos de OGM por la Oficina Técnica de CONAGEBIO", "summary_en": "The Attorney General's Office rejects the request for clarification from CONAGEBIO's Technical Office as untimely, but clarifies on its own motion Opinion C-42-2022. It reiterates that the powers of CONAGEBIO and the State Phytosanitary Service (SFE) are distinct: the Technical Office may only revoke biodiversity access permits it issued itself, while the SFE is solely competent to revoke its own authorizations for genetically modified organisms for agricultural use. This conclusion stands even in cases of imminent danger or unforeseeable situations, as the Biodiversity Law (arts. 46 and 48) does not grant the Technical Office authority to interfere with SFE permits.", "primary_topic_id": "biodiversity-law-7788", "topic_ids": [ "biodiversity-law-7788" ], "date": "26/08/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23962.json", "html_url": "/legal/doc/pgr-23962", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23962&strTipM=T" }, { "id": "pgr-23965", "citation": "C-236-2022", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of maximum deconcentration and instrumental legal personality of the Technical Secretariat of the Childcare Network", "title_es": "Alcances de la desconcentración y personalidad jurídica instrumental de la Secretaría Técnica de la Red de Cuido", "summary_en": "This opinion interprets the legal framework of the Technical Secretariat of the National Childcare and Development Network (RECUDI) created by Law No. 9220. The Attorney General's Office determines that the Technical Secretariat is a maximum deconcentration body of the Patronato Nacional de la Infancia (PANI), endowed with instrumental legal personality and technical and functional independence. However, this instrumental personality does not make it the general administrator of the resources under Article 15 of Law No. 9220; those resources must be transferred directly to the executing units of the Network according to the national strategy defined by the Consultative Commission. The Technical Secretariat may only administer resources assigned to it for the consolidation and expansion of the Network and, in that capacity, may act as an executing unit and agree to transfer funds to childcare centers — including municipal and public-private ones — using mechanisms like third-party payment. The opinion clarifies that the Law does not authorize the Technical Secretariat to serve as an executing unit for resources from the Social Development and Family Allowances Fund or the surplus funds of PANI and INAMU.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "31/10/2022", "year": "2022", "json_url": "/data/legal/docs/pgr-23965.json", "html_url": "/legal/doc/pgr-23965", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23965&strTipM=T" }, { "id": "pgr-23994", "citation": "C-127-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of inquiry on spring protection zones due to pending judicial case", "title_es": "Inadmisibilidad de consulta sobre áreas de protección de nacientes por caso judicial pendiente", "summary_en": "The Office of the Attorney General declares inadmissible the inquiry submitted by the Internal Auditor of the Municipality of Grecia regarding the scope of Article 31(a) of the Water Law and spring protection zones. Although the link to the audit work plan was proven, a judicial proceeding is pending before the Administrative Litigation Tribunal (file 23-2026-1027-CA) in which the Municipality itself is a party and that involves the same legal regime. The Attorney General refrains from issuing an opinion to avoid interfering with the judicial function and out of respect for normative hierarchy. It also reiterates that inquiries must be framed in abstract terms and not address specific cases, noting that the questions describe concrete factual scenarios. Nonetheless, it provides a list of prior opinions on the subject for the Auditor's guidance.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "05/07/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-23994.json", "html_url": "/legal/doc/pgr-23994", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23994&strTipM=T" }, { "id": "pgr-23996", "citation": "C-125-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "SUGEF Obligation to Provide Credit Data to the National Statistics System", "title_es": "Obligación de la SUGEF de entregar datos crediticios al Sistema de Estadística Nacional", "summary_en": "The Attorney General's Office (PGR) analyzes whether SUGEF is obligated to provide credit data, including personal identifiers, to INEC or the Central Bank under the National Statistics System Law (Law 9694). The PGR examines the tension between the right to informational self-determination and privacy under Article 24 of the Constitution, and the public interest in statistics. It concludes that Law 9694, approved by a qualified majority, establishes a valid exception to bank secrecy and data protection. It distinguishes credit data from sensitive data (ethnic origin, religious beliefs, etc.), the latter being voluntary under Article 18. Based on constitutional precedent classifying credit data as of public interest, the PGR rules that SUGEF must deliver such data when the request is for strictly statistical purposes and does not involve confidential or sensitive information. The delivery does not violate bank secrecy and must ensure confidentiality, segregation, or anonymization.", "primary_topic_id": null, "topic_ids": [], "date": "03/07/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-23996.json", "html_url": "/legal/doc/pgr-23996", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=23996&strTipM=T" }, { "id": "pgr-24024", "citation": "C-153-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Indigenous Traditional Activities in Protected Wilderness Areas and ILO Convention 169", "title_es": "Actividades tradicionales indígenas en áreas silvestres protegidas y Convenio 169 OIT", "summary_en": "The Attorney General's Office responds to a SINAC query on whether management plans and public use regulations may authorize indigenous peoples' access to Protected Wilderness Areas for traditional and subsistence activities under ILO Convention 169, Article 14. It concludes that such activities cannot be authorized if they differ from those allowed by Article 18 of the Forestry Law (research, training, ecotourism, and water extraction for human consumption), because ASPs are part of the State's natural heritage and there is no legal norm implementing the second paragraph of Convention 169 Article 14.1. Any future authorization would require a new law with adequate technical justification, in line with the principles of science-based environmental protection, reasonableness, and non-regression.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "forestry-law-7575", "environmental-law-7554" ], "date": "07/08/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24024.json", "html_url": "/legal/doc/pgr-24024", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24024&strTipM=T" }, { "id": "pgr-24042", "citation": "OJ-092-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Ban on maritime hunting of hammerhead sharks", "title_es": "Prohibición de caza marítima del tiburón martillo", "summary_en": "The Attorney General's Office issues a non-binding opinion on bill 23666, which seeks to ban maritime hunting and capture of hammerhead sharks (Sphyrnidae) by amending Article 39 of the Fisheries and Aquaculture Law. The opinion notes the bill aligns with Costa Rica's international commitments under CITES and the constitutional right to a healthy environment. It highlights that the First Chamber of the Supreme Court, in ruling 912-2023, declared the hammerhead shark endangered and public domain, ordering the eradication of its extraction from national waters. The PGR concludes that the bill's approval is a matter of legislative policy to be assessed against the Constitution, reasonableness, and proportionality, without issuing a binding opinion on its merits.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "04/09/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24042.json", "html_url": "/legal/doc/pgr-24042", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24042&strTipM=T" }, { "id": "pgr-24046", "citation": "C-166-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal obligation to build sidewalks on private property due to insufficient road width", "title_es": "Obligación municipal de construir aceras dentro de propiedad privada por insuficiencia de ancho de vía", "summary_en": "The Attorney General's Office addresses whether a municipality must build sidewalks on private property when the road width is insufficient, and whether expropriation and payment for improvements such as walls are applicable. It concludes that sidewalks are public domain property and must be located on public roads; the municipality cannot build them on private property. If the actual road width does not comply with the regulatory plan, the municipality must resort to Article 7 of the General Public Roads Law, which allows the State to use up to 12% of the land without compensation. Expropriation is only justified if the required area exceeds this reserve. Payment for improvements such as walls is contingent on the work having valid municipal authorization and complying with urban planning regulations; if there are nullity issues, the lesividad procedure must be followed first. The opinion reaffirms that property owners have the duty to build sidewalks in front of their property in accordance with the regulatory plan, and the municipality may execute the works and charge the cost plus fines for non-compliance.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental" ], "date": "04/09/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24046.json", "html_url": "/legal/doc/pgr-24046", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24046&strTipM=T" }, { "id": "pgr-24060", "citation": "C-177-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Feasibility of ICE Using RACSA's Spectrum Concessions", "title_es": "Viabilidad del ICE para explotar concesiones de espectro de RACSA", "summary_en": "The Attorney General's Office examines whether the Costa Rican Electricity Institute (ICE) may use the radio spectrum concessions granted to Radiográfica Costarricense S.A. (RACSA), given that both belong to the same economic group (Grupo ICE) and pursuant to Law No. 3293. It concludes that, although ICE and RACSA form an economic group and RACSA is wholly owned by ICE, the current legal framework—particularly the General Telecommunications Law (Law 8642)—does not authorize ICE to use RACSA's frequencies directly, jointly, or shared. The concession is subject to the principle of personal use, and the spectrum is a public domain asset of constitutional rank, so its exploitation requires a specific enabling title. Transfer of concessions is only possible through the procedure set forth in Article 20 of the LGT, with prior approval of the Executive Branch. Law No. 3293 does not imply a merger of legal personalities nor does it authorize ICE to dispose of RACSA's rights. The Attorney General rules out that ICE may exploit RACSA's concessions under the conditions consulted.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/09/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24060.json", "html_url": "/legal/doc/pgr-24060", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24060&strTipM=T" }, { "id": "pgr-24063", "citation": "OJ-095-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutionality, substance, and legislative technique issues in the Proposed Framework Law for Integrated Water Resource Management", "title_es": "Problemas de constitucionalidad, fondo y técnica del proyecto de Ley Marco para la Gestión Integrada del Recurso Hídrico", "summary_en": "The Attorney General's Office analyzes the proposed Framework Law for Integrated Water Resource Management (file 23511) and concludes that it presents potential constitutionality, substantive, and legislative technique problems that should be resolved. The opinion highlights the need to thoroughly review the text to achieve a comprehensive, clear, and precise regulatory framework for water resource management. Among its observations, it emphasizes that the proposed modification of protection areas in Article 21 lacks technical justification and could imply a regression in environmental protection, violating the principle of non-regression and the right to a healthy environment. It warns that reducing protection areas without technical or scientific support contradicts the Constitutional Chamber's ruling in vote 12887-2014. It also recommends separating provisions on administrative structure and planning into chapters, clarifying the legal nature of the National Water Directorate, and reviewing the proposed repeals and amendments to the Forestry Law, particularly Article 58 on encroachment in protection areas. Regarding the sanctioning regime, it suggests delimiting competencies between the Environmental Administrative Tribunal and the Water Directorate. Finally, it identifies problems in the transitory provisions that could generate legal uncertainty. The approval of the bill is deemed a matter of legislative policy.", "primary_topic_id": "water-law", "topic_ids": [ "water-law", "procedural-environmental" ], "date": "18/09/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24063.json", "html_url": "/legal/doc/pgr-24063", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24063&strTipM=T" }, { "id": "pgr-24085", "citation": "OJ-099-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal infeasibility of disaffecting Villa Sierpe without prior environmental studies", "title_es": "Inviabilidad jurídica de desafectar Villa Sierpe sin estudios ambientales previos", "summary_en": "The Attorney General's Office concludes that the substitute text of bill 22.931, which seeks to disaffect land to title the Villa Sierpe settlement in Osa, is legally infeasible. It notes that the initiative maintains previously warned deficiencies: it intends to disaffect public domain lands potentially located in the maritime-terrestrial zone or wetlands, without prior technical studies justifying the measure. It warns that the lack of studies violates the principles of objectification of environmental protection, reasonableness, proportionality, progressivity and non-regression, as well as the right to a healthy and ecologically balanced environment. It also criticizes the authorization of studies after the law and the requirement of twenty years of occupation without technical justification. It reiterates that legislative approval of the disaffection without technical support would be unconstitutional.", "primary_topic_id": null, "topic_ids": [], "date": "10/10/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24085.json", "html_url": "/legal/doc/pgr-24085", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24085&strTipM=T" }, { "id": "pgr-24089", "citation": "OJ-101-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Creation of the Lorne Ross Urban Natural Park without prior technical studies", "title_es": "Creación del Parque Natural Urbano Lorne Ross sin estudios técnicos previos", "summary_en": "The Attorney General's Office reviews the bill to create the Lorne Ross Urban Natural Park in Santa Ana. It finds constitutional flaws, mainly due to the absence of prior technical studies required under Articles 36 of the Organic Environmental Law and 58 of the Biodiversity Law, binding even on the Legislative Assembly. Postponing those studies contradicts the principle of objective environmental protection. Additionally, transferring the administration of the state protected area to the municipality violates MINAE's exclusive competence and the principle of non-derogability of general norms. It recommends evaluating these observations and the noted constitutional concerns.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "biodiversity-law-7788", "forestry-law-7575" ], "date": "16/09/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24089.json", "html_url": "/legal/doc/pgr-24089", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24089&strTipM=T" }, { "id": "pgr-24096", "citation": "C-104-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Donation of state-owned property between public entities", "title_es": "Donación de inmueble estatal entre entidades públicas", "summary_en": "The Attorney General's Office declares inadmissible the consultation by the 9-1-1 Emergency System regarding the feasibility of donating real estate to the National Commission for Risk Prevention and Emergency Response, as it involves a specific case. However, as a general collaboration, it outlines the criteria for donating real estate between public entities. It distinguishes between patrimonial assets, which may be transferred without an enabling law, and demanial assets, which, being dedicated to a public purpose, require prior legislative authorization for both donation and deaffectation. It also notes that Article 75 of the General Public Procurement Law (No. 9986) allows inter-institutional donations provided the asset is not dedicated to a public purpose, the donation serves the public interest, and formal requirements are met: a reasoned resolution by the donor's highest authority, acceptance by the recipient's highest authority, and an administrative appraisal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/05/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24096.json", "html_url": "/legal/doc/pgr-24096", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24096&strTipM=T" }, { "id": "pgr-24105", "citation": "OJ-111-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal Opinion on the Aquatic Navigation Bill", "title_es": "Opinión jurídica sobre el Proyecto de Ley de Navegación Acuática", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 23.453, the 'Aquatic Navigation Law.' The bill aims to regulate maritime navigation and waterways, aligning the country with international obligations such as the Law of the Sea Convention and oil pollution civil liability treaties. The PGR suggests using the updated text of the archived Bill 21.095 and recommends strengthening the role of the Ministry of Public Works and Transport (MOPT) to ensure compliance with mandatory insurance requirements for ships carrying oil. It notes a dual tariff-setting regime for cabotage between MOPT and ARESEP and recommends expressing fines in base salaries. Environmentally, it emphasizes that sanctions for polluting jurisdictional waters must be without prejudice to criminal liability and the obligation to repair environmental damage, in line with the Organic Environmental Law and constitutional case law on strict liability.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "wildlife-law-7317" ], "date": "13/11/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24105.json", "html_url": "/legal/doc/pgr-24105", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24105&strTipM=T" }, { "id": "pgr-24109", "citation": "C-210-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Applicability of the Public Employment Framework Law to ESPH, S.A.", "title_es": "Aplicabilidad de la Ley Marco de Empleo Público a la ESPH, S.A.", "summary_en": "The Attorney General's Office analyzes whether the Public Employment Framework Law (No. 10159) applies to the Empresa de Servicios Públicos de Heredia S.A. (ESPH, S.A.). It determines that ESPH is a public enterprise with municipal capital, organized as a corporation and governed by private law in its ordinary course of business. Furthermore, it is classified as a public enterprise in competition due to its provision of telecommunications, infocommunications, and other services in an open market. Based on Article 3(b) of Law No. 10159 and its regulation, which expressly exclude public enterprises and institutions in competition from the law's scope (except for collective bargaining), it concludes that the provisions of the Public Employment Framework Law do not apply to ESPH, S.A.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/11/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24109.json", "html_url": "/legal/doc/pgr-24109", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24109&strTipM=T" }, { "id": "pgr-24119", "citation": "C-208-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Exclusion of the Social Protection Board from the fiscal rule – Law 10386", "title_es": "Exclusión de la Junta de Protección Social de la regla fiscal – Ley 10386", "summary_en": "The Attorney General's Office analyzes the effective date of the partial exclusion of the Social Protection Board (JPS) from the fiscal rule, introduced through subsection u) of Article 6 of Title IV of the Public Finance Strengthening Law (Law 9635), as amended by Law 10386. The query focuses on whether the exclusion is subject to the submission of financial information and risk assessment by the Ministry of Finance, or whether it is effective upon publication of the law. The PGR concludes that the exclusion is in force as of September 26, 2023, the date of publication of Law 10386, and is not conditioned on compliance with financial reporting requirements or Transitory Provisions XLI and XLII. The JPS would only lose the exception if, as a result of the annual evaluation, the Ministry of Finance determines a risk of contingent liability for the Public Treasury, in which case the spending growth limit would apply.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "13/11/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24119.json", "html_url": "/legal/doc/pgr-24119", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24119&strTipM=T" }, { "id": "pgr-24130", "citation": "C-215-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Differences between convenio and contrato in the Municipal Code", "title_es": "Diferencias entre convenio y contrato en el Código Municipal", "summary_en": "The Attorney General's Office analyzes Article 4(f) of the Municipal Code, which authorizes municipalities to enter into agreements or contracts with national or foreign persons or entities. It concludes that 'convenio' and 'contrato' are distinct legal instruments: a convenio involves cooperation and a shared purpose, while a contrato entails onerous consideration without necessarily aligned interests. The validity of each depends on its content and the applicable legal framework, not the label used by the parties. Furthermore, an unregistered company lacks capacity to contract with a municipality. The authority to declare these acts null lies with the Municipal Council, as it is the competent body to authorize them. Finally, the question regarding assignment of collection management to a third party falls outside the Attorney General's jurisdiction, as it pertains to the Comptroller General's oversight of public funds.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "16/11/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24130.json", "html_url": "/legal/doc/pgr-24130", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24130&strTipM=T" }, { "id": "pgr-24140", "citation": "C-240-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Properties adjacent to mangroves — maritime-terrestrial zone and validity of pre-1977 registrations", "title_es": "Fincas adyacentes a manglar — zona marítimo terrestre y legitimidad de inscripciones previas a 1977", "summary_en": "The Attorney General’s Office examines the legal status of private properties adjacent to mangroves, especially those registered before the 1977 Maritime-Terrestrial Zone Law. It concludes that the 150 meters bordering mangroves are a restricted zone, and that the validity of pre-1977 title registrations hinges on whether those lands were already public-domain under earlier laws: the 'nautical mile' rule (since 1828), the Water Laws (1884 and 1942), or Transitory III of Law 4558. Case-by-case analysis must rely on mangrove officialization, boundary demarcation, State natural heritage determinations, cadastral maps, and other title documents to ascertain the land's juridical nature at the time of registration.", "primary_topic_id": "property-and-titling", "topic_ids": [ "property-and-titling" ], "date": "24/11/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24140.json", "html_url": "/legal/doc/pgr-24140", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24140&strTipM=T" }, { "id": "pgr-24158", "citation": "C-225-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of Municipal Consultation on Special Historic Interest Zones", "title_es": "Inadmisibilidad de consulta municipal sobre zonas especiales de interés histórico", "summary_en": "The Attorney General's Office declares inadmissible the consultation submitted by the Mayor of Santo Domingo regarding the application of Articles 24, 25, and 26 of the Urban Planning Law. The consultation sought to determine whether local governments can establish regulations to restrict demolitions, require permits for infrastructure with undeclared historic value, impose mandatory architectural style manuals in special zones, prohibit interventions in sidewalks with heritage value, manage associated urban vegetation, and prohibit changes in land use in coffee-growing areas. The inadmissibility is based on the fact that, although it was stated that the legal opinion was attached, only a part was transcribed and the complete signed document was not provided, thereby violating Article 4 of the Organic Law of the Attorney General's Office, which requires the detailed opinion of the institutional legal advisory on all points consulted. This prevents knowing the complete institutional position and verifying that the matter has been internally exhausted.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/11/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24158.json", "html_url": "/legal/doc/pgr-24158", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param1=PRD¶m6=1&nDictamen=24158&strTipM=T" }, { "id": "pgr-24174", "citation": "C-262-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of inquiry regarding 5G cybersecurity decree", "title_es": "Inadmisibilidad de consulta sobre Decreto de ciberseguridad 5G", "summary_en": "The Attorney General's Office declares inadmissible the inquiry submitted by Deputy Sofía Guillén Pérez regarding Executive Decree No. 44196 (5G cybersecurity regulation). It argues the request lacks a concrete legal question, as it demands a general review of the regulation against the entire legal system. It reiterates that its advisory function to deputies is collaborative, non-binding, and requires precision, reasonableness, and moderation in the query. Since no specific normative conflict is delineated —only generic references to possible infringements of several laws— the inquiry fails to meet the essential admissibility requirement of clarity and precision in the question posed.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/12/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24174.json", "html_url": "/legal/doc/pgr-24174", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24174&strTipM=T" }, { "id": "pgr-24181", "citation": "OJ-135-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Application of Wildlife Law to threatened shark species and limits to the INCOPESCA exception", "title_es": "Aplicación de la LCVS a especies de tiburón amenazadas y límites a la excepción de INCOPESCA", "summary_en": "The Attorney General’s Office analyzes Bill 21.754, which seeks to amend Article 1 of the Wildlife Conservation Law (7317) so that species declared threatened or endangered by the IUCN or included in CITES fall under the protection of that law, rather than being exclusively regulated by INCOPESCA. The opinion warns that the substitute text limits protection to only sharks declared endangered through a joint technical-scientific study by INCOPESCA and MINAE, or included in CITES Appendix I, excluding Appendix II species (such as hammerhead, thresher, and silky sharks) that are the main target of the bill. The Attorney General’s Office recalls that the precautionary principle (in dubio pro natura) requires measures in the face of a risk of serious or irreversible harm without requiring absolute scientific certainty, and points out that the First Chamber has already declared hammerhead sharks endangered, ordering their full protection. It suggests that the reform should be consistent with the legal framework and not exclude species already under judicial or conventional protection.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317", "art-50-constitution" ], "date": "11/12/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24181.json", "html_url": "/legal/doc/pgr-24181", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24181&strTipM=T" }, { "id": "pgr-24195", "citation": "C-119-2023", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Delimiting spring protection zones: authority of INVU, AyA, and municipalities", "title_es": "Delimitación del área de protección de nacientes: competencias entre INVU, AyA y municipalidades", "summary_en": "The PGR clarifies which entity must delineate a spring protection zone when a municipality lacks the means. It distinguishes three scenarios: (1) permanent springs not used for water supply: INVU must establish the 100-meter protection area alignment under Article 34 of the Forestry Law, but technical determination of existence and permanence belongs to the Water Directorate of MINAE; (2) springs captured for drinking water: AyA is responsible for fixing the protection area (200–300 meters depending on topography), although municipalities operating aqueducts may do so under AyA’s tutelage and advice, given their residual and subsidiary competence; (3) specialized hydrogeological studies may be requested from SENARA or AyA. The opinion reaffirms that protection zones are legitimate restrictions on private property, supported by criminal sanctions, subject to exceptions in Articles 33 bis and 33 ter of the Forestry Law.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "12/06/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24195.json", "html_url": "/legal/doc/pgr-24195", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24195&strTipM=T" }, { "id": "pgr-24207", "citation": "C-007-2024", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "INVU approval required for exceptional access subdivisions despite municipal regulation", "title_es": "Necesidad de visado del INVU en fraccionamientos con acceso excepcional pese a reglamento municipal", "summary_en": "The Attorney General’s Office analyzes whether the Municipality of Tilarán, which has a regulatory plan and issued a Regulation for the Control of Subdivisions in 2020, may exempt its citizens from prior INVU approval for residential exceptional-access subdivisions. It concludes that it may not. First, because the municipal regulation was not validly issued as an urban development regulation—compliance with the procedure under Article 17 of the Urban Planning Law is not evident—and thus cannot displace the supplementary INVU rules. Second, because Article 10(2) of the Urban Planning Law mandatorily requires INVU Urban Planning Directorate approval for all subdivision projects for urban purposes, including those exceptionally authorized via right-of-way, regardless of whether a regulatory plan exists. The Municipality must apply the INVU Subdivision and Urbanization Regulation and require prior INVU approval.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "30/01/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24207.json", "html_url": "/legal/doc/pgr-24207", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24207&strTipM=T" }, { "id": "pgr-24209", "citation": "OJ-014-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Creation of the Blue Fund — observations on private structure for public funds", "title_es": "Creación del Fondo Azul — observaciones sobre estructura privada para fondos públicos", "summary_en": "The Attorney General's Office analyzes bill 23554, which proposes creating the Blue Fund to finance marine-coastal ecosystem conservation and economic development through a payment for environmental services program. It warns that, while the goal aligns with the right to a healthy environment and international commitments, entrusting a private foundation (FUNBAM) with fund administration, project eligibility, and disbursement approvals could lead to oversight problems, duplication of functions with existing public entities (MINAE, INCOPESCA), potential contractual breaches, and public employment regime violations. It identifies inconsistencies in funding sources, such as the voluntary contribution certificate and the reference to tuna licenses. It concludes by recommending that legislators consider the observations without binding effect.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/01/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24209.json", "html_url": "/legal/doc/pgr-24209", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24209&strTipM=T" }, { "id": "pgr-24224", "citation": "C-017-2024", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Exceptional Access and Endorsements in Possessory Information Plans and Subdivisions", "title_es": "Accesos excepcionales y visados en planos de información posesoria y fraccionamientos", "summary_en": "The Attorney General's Office analyzes whether possessory information plans require municipal and INVU endorsements, and how local governments should handle applications for land-use certificates and construction permits on unregistered properties that fail to meet urban planning restrictions. It concludes that such endorsements are not required for registering plans of unregistered lands, except to verify access from public roads not shown on official maps. Exceptional access for residential use does not apply to these surveys. For subdivisions, endorsements are required depending on purpose and location. Municipalities must deny certificates and permits if they do not comply with zoning, regardless of registration status, and officials are liable for granting endorsements contrary to regulations.", "primary_topic_id": "subdivision-fraccionamiento", "topic_ids": [ "subdivision-fraccionamiento" ], "date": "12/02/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24224.json", "html_url": "/legal/doc/pgr-24224", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24224&strTipM=T" }, { "id": "pgr-24228", "citation": "OJ-017-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on Bill 23068: Mining and Geology Code", "title_es": "Criterio sobre el proyecto de ley 23068: Código de Minería y Geología", "summary_en": "The Attorney General's Office analyzes Bill 23068 'Mining and Geology Code', which would replace current mining legislation. The opinion raises serious objections: the bill allows mining in protected wild areas (including national parks and forest reserves), constituting a prohibited regression in the level of conservation and violating the constitutional principle of non-regression. In indigenous territories, it eliminates the requirement for legislative approval for concessions, infringing ILO Convention 169 on prior consultation. It contains multiple technical-legal inconsistencies: it creates bodies with overlapping competencies (Segemi and RNM), weakens the sanctioning regime by limiting cancellation grounds, and imposes concessions on public entities (MOPT, municipalities) to exploit resources that should be governed by public-domain reservations. It warns about special criminal offenses that require precise statutory definition under Article 39 of the Constitution. The bill promotes deep-sea mining without adequate environmental assessment, contravening Costa Rica's international commitments and the precautionary principle.", "primary_topic_id": null, "topic_ids": [ "indigenous-law-6172", "art-50-constitution" ], "date": "12/02/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24228.json", "html_url": "/legal/doc/pgr-24228", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24228&strTipM=T" }, { "id": "pgr-24242", "citation": "OJ-020-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Declassification of Railway Spur in Palmar de Osa", "title_es": "Desafectación de ramal ferroviario en Palmar de Osa", "summary_en": "The Attorney General's Office analyzes bill 23.455, which seeks to authorize the State to declassify a railway spur in Palmar, Osa, from public use and convert it into a public street. It notes that the constitutional regime prohibits the transfer of railways while in service but allows declassification if they are not. It warns of serious inconsistencies: the statement of motives acknowledges doubts about whether the spur is public or private domain, and the bill contains contradictory articles that assume public ownership without certainty. It criticizes the mandate for the PGR to conduct a title study, as it distorts its advisory role and such investigation should have been prior. It recommends deleting Articles 5 and 7, and suggests that if the spur is private, expropriation, not a declassification law, should be used. It concludes that approval is at Parliament's discretion but urges review of the observations.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "12/02/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24242.json", "html_url": "/legal/doc/pgr-24242", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24242&strTipM=T" }, { "id": "pgr-24250", "citation": "OJ-029-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Authority to issue public security policy", "title_es": "Competencia para emitir política de seguridad ciudadana", "summary_en": "The Attorney General's Office analyzes bill 'Law to Strengthen Public Security' (file 23.713), which proposes merging police forces into a National Police of Costa Rica. It concludes that article 6(a) and 6(d) of the bill, by granting the Ministry of Public Security the power to formulate and guide public policy on security, could be unconstitutional since such directive authority is reserved to the Executive Branch (Article 140(8) of the Constitution). It recommends reviewing this provision. It also points out numerous legal drafting deficiencies: contradictions in the merger of police forces that later retain separate powers, omission of forestry officials (who hold police authority under Laws 7317 and 7575), lack of clarity on decentralization versus regionalization, absence of requirements for the National Police Director, and the need to expressly define powers. It also notes the inclusion of the Traffic Police without amending the relevant laws and the advisability of coordinating with the Public Defender's Office for the protection of police officers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/02/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24250.json", "html_url": "/legal/doc/pgr-24250", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24250&strTipM=T" }, { "id": "pgr-24255", "citation": "OJ-025-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Construction of aqueduct in maritime-terrestrial zone for Isla Caballo", "title_es": "Construcción de acueducto en zona marítimo terrestre para Isla Caballo", "summary_en": "The PGR reviews bill 23,879, which authorizes the Municipal District Council of Lepanto and the Municipality of Puntarenas to grant a use permit to AyA to build an aqueduct system in the maritime-terrestrial zone to supply potable water to Isla Caballo. The opinion states that the use permit figure is unsuitable for permanent works and that the development of public infrastructure in the maritime-terrestrial zone must be based on the authorizations of Articles 18 and 22 of Law 6043, without needing a concession. It also indicates that the legislative approval required for islands does not apply because the work serves residential purposes, not tourism or commercial exploitation. However, the submarine pipeline does require legislative approval under Article 5 of Law 6043 and Article 121(14) of the Constitution, a requirement omitted in the proposed text. It concludes that while approval is a legislative decision, it recommends adjusting the text according to the observations.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "26/02/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24255.json", "html_url": "/legal/doc/pgr-24255", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24255&strTipM=T" }, { "id": "pgr-24290", "citation": "OJ-044-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Removal of a non-existent public road in Pococí", "title_es": "Desafectación de camino público inexistente en Pococí", "summary_en": "The Attorney General's Office issued a non-binding legal opinion on Bill 23916, which seeks to authorize the Municipality of Pococí to remove a supposed public road depicted in plans L-361365-1979 and L-665278-1987, associated with property folio real 32192-000. The PGR concludes that a law is unnecessary, because the road was never declared a public thoroughfare by the competent authority, is not listed in the canton’s road inventory, and does not physically exist. Since there is no actual public ownership, legislative removal is not required; the affected private party may instead request the correction or cancellation of the cadastral plan through the National Registry. However, if the legislature proceeds, the PGR recommends amending the text to cover both plans and eliminating the mandatory involvement of the State Notary and tax exemptions, as the underlying matter is a private interest.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/04/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24290.json", "html_url": "/legal/doc/pgr-24290", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24290&strTipM=T" }, { "id": "pgr-24295", "citation": "C-053-2024", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Coastal Regulatory Plan as a prerequisite for marina and tourist dock concessions", "title_es": "Plan regulador costero como requisito previo para concesiones de marinas y atracaderos turísticos", "summary_en": "The Attorney General's Office analyzes whether a coastal regulatory plan is required to grant concessions in the maritime-terrestrial zone for marinas and tourist docks. It holds that the concession requires the prior existence of a coastal regulatory plan, under Laws No. 6043 and 7744, as a territorial planning instrument. It states that the reformed regulation of Law 7744 in 2022, which sought to replace this requirement with the preliminary project approved by CIMAT and SETENA, contravenes normative hierarchy and cannot be applied. The legal obligation admits no regulatory exceptions, except for special planning instruments provided by other laws. Therefore, granting concessions in the maritime-terrestrial zone for marinas and tourist docks is subject to the prior existence of the coastal regulatory plan or another territorial planning instrument mandated by special law.", "primary_topic_id": "landscape-protection", "topic_ids": [ "landscape-protection" ], "date": "01/04/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24295.json", "html_url": "/legal/doc/pgr-24295", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24295&strTipM=T" }, { "id": "pgr-24306", "citation": "OJ-123-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Issues with the Substitute Text of the Water Framework Law Bill", "title_es": "Problemas del texto sustitutivo del proyecto de Ley Marco del Recurso Hídrico", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on the substitute text of Bill 23511, 'Framework Law for the Integrated Management of Water Resources.' It warns of possible constitutional, substantive, and drafting problems. It notes that regulations on protection areas should be included in the law itself rather than referring to Article 33 of the Forestry Law, questions the possibility of reducing spring protection areas without reasonable technical justification, and warns of contradictions with current legislation such as the Water Law and the Marine-Terrestrial Zone Law. It points out that allowing uncontrolled artisanal wells is contrary to the state's duty of guardianship and the principle of rational use, and recommends including a specific criminal offense for infringements in protection areas instead of relying on Article 58 of the Forestry Law. Overall, it suggests a thorough review and harmonization of the text to avoid regulatory conflicts and ensure comprehensive water resource protection.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "22/11/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24306.json", "html_url": "/legal/doc/pgr-24306", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24306&strTipM=T" }, { "id": "pgr-24319", "citation": "C-043-2024", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of annulling municipal lot award in drinking water well area", "title_es": "Improcedencia de anulación de adjudicación de lote municipal en área de pozos de agua potable", "summary_en": "The Attorney General's Office reviewed the Municipality of Corredores' request to declare the absolute, evident, and manifest nullity of a 1997 municipal agreement that awarded a lot to an individual. The property contains water wells that supply the La Cartonera community. Serious procedural defects were found, including an unsigned record of the oral hearing, which invalidates the proceeding. Moreover, the PGR concluded that the alleged nullity is neither evident nor manifest due to contradictory technical opinions regarding the land's status and aquifer protection. Additionally, the annulment power had expired because the act dates from 1997, exceeding the four-year statutory deadline. The PGR returned the file without a favorable opinion but urged the municipality to take measures to protect water resources and public health.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "11/03/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24319.json", "html_url": "/legal/doc/pgr-24319", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24319&strTipM=T" }, { "id": "pgr-24334", "citation": "OJ-076-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Public domain mutation for Circunvalación Norte Highway Project", "title_es": "Mutación demanial para Proyecto Vial Circunvalación Norte", "summary_en": "The Attorney General's Office reviews bill 23.769, which authorizes a public domain mutation of two plots between the Municipality of Goicoechea and the State (Ministry of Public Works) to enable construction of the Northern Beltway. It examines the legal nature of the lands: a municipal park subject to public domain and a remnant of an expropriated property for highway purposes. The opinion finds no legal flaws, provided the requirements for domain mutation are met: prevailing public interest, support in a formal law, and preservation of public domain status. It emphasizes the mandatory compensation for the reduced park area to uphold the constitutional right to a healthy environment. It raises no objection and recalls that approval rests within the legislature's discretionary powers.", "primary_topic_id": null, "topic_ids": [], "date": "27/07/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24334.json", "html_url": "/legal/doc/pgr-24334", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24334&strTipM=T" }, { "id": "pgr-2437", "citation": "C-028-1994", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal jurisdiction over the Papagayo tourism project in the maritime-terrestrial zone", "title_es": "Competencia municipal en el proyecto turístico Golfo de Papagayo sobre zona marítimo terrestre", "summary_en": "The Attorney General's Office clarifies that the administration of the maritime-terrestrial zone within the Golfo de Papagayo Tourism Project is entirely entrusted to the Costa Rican Tourism Board (ICT), excluding the municipalities of Liberia and Carrillo. The ICT acts as grantor and is responsible for oversight, natural resource conservation, and control of concessions. Municipalities retain only the right to collect concession fees and limited construction-related powers, always subordinate to the ICT. The opinion analyzes performance guarantees, protection of mangroves, flora, fauna, and watersheds, and determines that fees are due once the concession resolution is final. Performance guarantees must be posted with the ICT and are returned only upon full contract completion.", "primary_topic_id": null, "topic_ids": [], "date": "18/02/1994", "year": "1994", "json_url": "/data/legal/docs/pgr-2437.json", "html_url": "/legal/doc/pgr-2437", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=2437&strTipM=T" }, { "id": "pgr-24456", "citation": "OJ-069-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Fuel tax exemption for police forces and SINAC", "title_es": "Exoneración del impuesto a los combustibles para cuerpos policiales y SINAC", "summary_en": "The Attorney General's Office analyzes bill 23.637, which proposes to amend Article 1 bis of Law 8114 to exempt the police forces of the Ministry of Public Security and the National System of Conservation Areas (SINAC) from the single fuel tax. This non-binding legal opinion, issued at the request of a legislative committee, concludes that the initiative does not pose constitutional issues, as the legislature has the power to create tax exemptions within constitutional limits. However, it points out serious deficiencies in legislative technique: the proposed text is unclear as to whether it amends only one paragraph or replaces the entire article, which could inadvertently eliminate the existing exemption for diplomatic missions and international organizations. It further reiterates that the taxable person is RECOPE, not consumers, so the exemption must be drafted with precision. Finally, it warns about the fiscal impact on the earmarked revenue and recommends consulting the Ministry of Finance.", "primary_topic_id": null, "topic_ids": [], "date": "10/06/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24456.json", "html_url": "/legal/doc/pgr-24456", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24456&strTipM=T" }, { "id": "pgr-24467", "citation": "OJ-071-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform to Article 161 of the Commerce Code on notarial convocation of shareholder meetings", "title_es": "Reforma al artículo 161 del Código de Comercio sobre convocatoria notarial de asambleas", "summary_en": "The Attorney General's Office analyzes bill 23.615, which seeks to amend Article 161 of the Commerce Code to allow shareholders to request a notary public to convene a shareholders' meeting when the administrator refuses, as an alternative to judicial proceedings. The PGR recalls that the Legislative Assembly is not authorized to consult while exercising its legislative function, so this opinion is non-binding. On the merits, it considers approval a matter of legislative discretion but recommends improving legislative technique: specify how the notary would carry out the convocation and notifications, under what format, whether to open a separate file, and clarify under which circumstances the judicial route would remain mandatory. It also suggests incorporating this new notarial function into Article 129 of the Notarial Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/06/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24467.json", "html_url": "/legal/doc/pgr-24467", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24467&strTipM=T" }, { "id": "pgr-24469", "citation": "C-125-2024", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Administration of the waterway in Tortuguero National Park", "title_es": "Administración de la vía acuática en el Parque Nacional Tortuguero", "summary_en": "The Attorney General examines whether the Atlantic Port and Development Board (JAPDEVA) retains the administration of the canals within Tortuguero National Park, despite later legislation on protected areas concentrating its administration in the National System of Conservation Areas (SINAC). It concludes that Article 10 of Law 5680, which granted that competence to JAPDEVA, remains in force as a special rule that has not been implicitly repealed. However, JAPDEVA's actions must be consistent with the park's protection purpose and respect the technical criteria of the management plan formulated by SINAC. The opinion recognizes the convergence of different legal regimes and the need for inter-institutional coordination to harmoniously exercise the various competences in this protected space.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575", "biodiversity-law-7788" ], "date": "14/06/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24469.json", "html_url": "/legal/doc/pgr-24469", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24469&strTipM=T" }, { "id": "pgr-24483", "citation": "C-133-2024", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of Article 4 of Law 5060 after reform by Law 10343 on cantonal road widths and regulatory plans", "title_es": "Alcance del artículo 4 de la Ley 5060 tras reforma por Ley 10343 sobre ancho de la red vial cantonal y planes reguladores", "summary_en": "The Attorney General clarifies that the 14-meter minimum width under Article 4 of the General Public Roads Law applies only to vecinal roads, not to local streets or unclassified roads. The reform by Law 10343 removed the restriction on using Law 8114 funds for existing roads that do not meet that width, but did not extend the minimum to all cantonal roads or change the categories in Article 1. For local streets, the width is set by the municipal regulatory plan or, failing that, by the INVU Subdivision Regulation, provided it meets technical and reasonableness criteria. As regulations, regulatory plans are subordinate to statute: they cannot set a different width for vecinal roads or a classification contrary to Law 5060. In case of conflict, the higher-ranking norm prevails. The power to determine local street width is municipal, but bound by the principle of legality and the legal definition of a local street.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic", "subdivision-fraccionamiento" ], "date": "24/06/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24483.json", "html_url": "/legal/doc/pgr-24483", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24483&strTipM=T" }, { "id": "pgr-24513", "citation": "OJ-129-2023", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legislative drafting defects in bill to recover lands in Palmar Sur", "title_es": "Defectos de técnica legislativa en proyecto de ley para recuperar terrenos en Palmar Sur", "summary_en": "The Attorney General's Office analyzes bill No. 23.953, which authorizes the Executive Branch to recover lands in Palmar Sur and donate them to the Municipality of Osa. It concludes that the initiative suffers from serious legislative drafting defects. It notes that no special law is required for the State to acquire real estate, as the Public Procurement Law already permits it. It warns that passing a law is not the means to recover public domain assets, since the administrative court must determine the nullity of registrations. It criticizes the lack of technical studies, the inappropriate delegation of functions to the Attorney General, ambiguity over whether expropriation or purchase is intended, and the omission of the merger of the title-holding company. It finds that the bill's reasonableness is unjustified and that the municipality has its own powers to reclaim or acquire land.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/11/2023", "year": "2023", "json_url": "/data/legal/docs/pgr-24513.json", "html_url": "/legal/doc/pgr-24513", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24513&strTipM=T" }, { "id": "pgr-24523", "citation": "C-141-2024", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on requirements for land-use certifier course", "title_es": "Inadmisibilidad de consulta sobre requisitos para curso de certificadores de uso de suelo", "summary_en": "The Attorney General's Office declares the consultation submitted by the College of Agronomists inadmissible. The Board's agreement did not specify the questions, leaving that to the president, and the attached legal opinion did not address the specific queries. The Office reiterates that admissibility requires: a firm resolution from the collegiate body with clear questions, and an internal legal analysis covering all points. Since these requirements were not met, no substantive opinion is issued.", "primary_topic_id": null, "topic_ids": [], "date": "08/07/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24523.json", "html_url": "/legal/doc/pgr-24523", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24523&strTipM=T" }, { "id": "pgr-24558", "citation": "C-180-2024", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "INDER land titling in the southern border zone with Panama", "title_es": "Titulación del INDER en la zona fronteriza sur con Panamá", "summary_en": "The INDER's inquiry about the possibility of titling to third parties properties from the parent property L-1009-000 in the border zone with Panama is partially inadmissible. The Attorney General's Office cannot decide on specific cases or properties; that is the responsibility of the active administration. However, it reiterates that in the southern border zone there are exceptions to the public domain regime for lands that entered private ownership before the inalienability declaration (1914) or that became Costa Rican territory under the Echandi Montero-Fernández Jaén Treaty. INDER may transfer its own properties that fall within those exceptions, subject to rigorous registral and cadastral verification, and must respect other special regimes such as Natural State Heritage, maritime terrestrial zones, indigenous reserves, etc.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "19/08/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24558.json", "html_url": "/legal/doc/pgr-24558", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24558&strTipM=T" }, { "id": "pgr-24567", "citation": "OJ-078-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "PGR's role and observations on the neighborhood docks bill", "title_es": "Rol de la PGR y observaciones al proyecto de embarcaderos vecinales", "summary_en": "The Attorney General's Office (PGR) issues a non-binding opinion on the bill 'Development and Construction of Neighborhood Docks' (docket 23.358). It finds that the initiative fills a regulatory gap for small-scale local piers but warns that Article 6, which entrusts the PGR with generic 'legal control' over the law's enforcement, distorts its constitutional role and must be removed. It notes that the public interest declaration for construction must be issued by the respective municipality, in accordance with the Maritime Terrestrial Zone Law. It recommends setting the concession fee formula in the law itself, revising the regulation deadline, and correcting technical drafting errors in articles on expiration and cancellation grounds. It urges the inclusion of transitional provisions for existing docks.", "primary_topic_id": null, "topic_ids": [], "date": "24/06/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24567.json", "html_url": "/legal/doc/pgr-24567", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24567&strTipM=T" }, { "id": "pgr-24569", "citation": "OJ-098-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform of the inalienable zone under Law 65 and creation of aquifer protection zone", "title_es": "Reforma de la zona inalienable de la Ley 65 y creación de zona de protección de acuíferos", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill No. 23895, which reproduces the text of archived Bill No. 20511. It reiterates the observations of Opinion OJ-088-2020: excluding part of the inalienable zone declared by Law No. 65 of 1888 for private use requires a prior technical study justifying the measure, in line with constitutional case law demanding a science- and technology-based approach. The Constitutional Chamber has held that reducing a protected area requires a law and a prior technical study showing no harm to natural resources. The opinion also objects to Article 2 allowing recognition of possessory rights or improper registrations, since the inalienable nature of the lands does not cease upon proof of possession or irregular title. The creation of a trust and its board is questioned for potential institutional fragmentation and duplication of powers. It recommends considering these observations.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "22/08/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24569.json", "html_url": "/legal/doc/pgr-24569", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24569&strTipM=T" }, { "id": "pgr-24570", "citation": "OJ-099-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Allocation of non-essential service concession funds in protected areas", "title_es": "Destino de fondos de concesiones de servicios en áreas protegidas", "summary_en": "This non-binding legal opinion from the Attorney General's Office (PGR-OJ-099-2024) assesses Legislative Bill 23961, which would amend Article 38 of the Biodiversity Law so that revenues from non-essential service concessions in each protected wilderness area are allocated solely to that same area, prioritizing tourism infrastructure. The PGR warns that a park-by-park allocation approach could financially destabilize the National Parks Fund and the solidarity-based system distributing resources across all protected areas, undermining their overall conservation. It recommends evaluating the feasibility using technical criteria from MINAE-SINAC and, if viable, redrafting the text to clearly reflect the bill’s stated purpose without jeopardizing the protection of natural resources.", "primary_topic_id": null, "topic_ids": [ "biodiversity-law-7788" ], "date": "22/08/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24570.json", "html_url": "/legal/doc/pgr-24570", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24570&strTipM=T" }, { "id": "pgr-24577", "citation": "C-185-2024", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility due to concrete case and lack of legal opinion on railway assets", "title_es": "Inadmisibilidad por caso concreto y falta de criterio legal sobre bienes ferroviarios", "summary_en": "The Attorney General's Office declares the consultation submitted by INCOFER inadmissible due to failure to meet two admissibility requirements: (1) it addresses a concrete case —the transfers of the Atlantic Railway Station— rather than a generic legal issue; (2) it omits the legal advisory opinion required by Article 4 of its Organic Law. Despite the inadmissibility, as a collaborative gesture it outlines the reinforced public domain regime that protects railway assets under Article 121(14) of the Constitution: they are inalienable, unattachable, and imprescriptible, and can only be de-affected by an Act of the Legislative Assembly if it is technically established that they have no current or potential interest for the railway service. Finally, it describes the procedure under Article 173 of the General Public Administration Act for declaring the absolute, evident, and manifest nullity of acts granting rights over public domain assets, clarifying that the one-year limitation period does not apply to them.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/09/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24577.json", "html_url": "/legal/doc/pgr-24577", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24577&strTipM=T" }, { "id": "pgr-24606", "citation": "C-084-2024", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Consultation on authentic interpretation of Articles 67 and 77 of the General Public Procurement Law", "title_es": "Consulta sobre interpretación auténtica de artículos 67 y 77 Ley General de Contratación Pública", "summary_en": "The Attorney General's Office (PGR) rules the consultation submitted by the Permanent Commission of Legal Affairs of the Legislative Assembly on bill no. 24,100 inadmissible. The bill sought an authentic interpretation of Articles 67 and 77 of the General Public Procurement Law (Law no. 9986). The PGR bases its decision on the fact that public procurement matters fall under the exclusive and excluding competence of the Comptroller General of the Republic, pursuant to Article 184 of the Constitution and its organic law. Therefore, the PGR lacks jurisdiction to issue an opinion, even a non-binding one, on matters legally and constitutionally reserved to another state body, in application of Article 5 of its own Organic Law. The opinion clarifies that it could issue a criterion if the consultation involved other topics within its competence, but in this case the core subject is public procurement, which precludes its pronouncement.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24606.json", "html_url": "/legal/doc/pgr-24606", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24606&strTipM=T" }, { "id": "pgr-24610", "citation": "OJ-093-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "PGR questions constitutionality and technical basis of partial removal of Tivives Protective Zone", "title_es": "PGR cuestiona constitucionalidad y sustento técnico de desafectación parcial de Zona Protectora Tivives", "summary_en": "The Attorney General's Office issued a non-binding legal opinion on Bill 23.898, which seeks to remove protection from the High Intervention Zone of the Tivives Protective Zone. It concludes that the proposal has serious constitutional and legislative drafting deficiencies. It notes that removal of a protected wild area requires, per the Constitutional Chamber's doctrine, prior technical studies that rule out environmental harm and compensation measures replacing the removed area with another of equal size and ecological value; conditions the bill does not adequately meet. It questions that the technical study supporting the removal was contracted by the Municipality of Esparza rather than by SINAC-MINAE, violating the principle of reasonableness and the principle of non-regression of the right to a healthy environment. It also notes contradictions between forest cover data in the file and SINAC reports, warns about the inclusion of lands that could be State Natural Heritage, and objects to provisions on transfer to INCOP, land allocations, and possessory information proceedings without regard to the zone's special regimes.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "13/08/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24610.json", "html_url": "/legal/doc/pgr-24610", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24610&strTipM=T" }, { "id": "pgr-24612", "citation": "OJ-108-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutionality of segregating and donating national airport land to the CNE", "title_es": "Viabilidad constitucional de segregar y donar terreno de aeropuerto nacional a la CNE", "summary_en": "The Attorney General's Office analyzes Bill No. 24292, which seeks to segregate, disaffect, and donate a 22,646 m² portion of the Tobías Bolaños International Airport property to the National Emergency Commission. It concludes that the operation is constitutionally viable provided it is demonstrated that the land to be segregated is not in service as an airport, since Article 121(14) of the Constitution prohibits the alienation of national airports in service. It warns that changing the purpose of a public domain asset requires a formal law and that, according to the bill's rationale, the CNE has occupied the land since 1989, suggesting it is no longer used for airport services. It also notes necessary technical corrections to Article 1 of the bill.", "primary_topic_id": null, "topic_ids": [], "date": "20/09/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24612.json", "html_url": "/legal/doc/pgr-24612", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24612&strTipM=T" }, { "id": "pgr-24617", "citation": "OJ-112-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reduction of Import Tax Base to CIF Value", "title_es": "Reducción de la base imponible de impuestos de importación a valor CIF", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on bill 24093, which proposes to amend the Selective Consumption Tax Law and the VAT Law to limit the tax base for imported goods solely to the CIF value, eliminating other taxes and additional charges. The analysis concludes that the initiative falls within legislative discretion and does not present apparent constitutional defects regarding the State's tax authority. However, it points out that the project lacks technical support on the fiscal impact and reasonableness of the reform, omits justification for repealing the Executive Branch's tariff flexibility, and contains an error in the citation of the article to be amended. It recommends consulting the Ministry of Finance.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "30/09/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24617.json", "html_url": "/legal/doc/pgr-24617", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24617&strTipM=T" }, { "id": "pgr-24627", "citation": "OJ-107-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal opinion on the bill for the protection of bees and the prohibition of Fipronil", "title_es": "Opinión jurídica sobre el proyecto de ley para la protección de las abejas y prohibición del Fipronil", "summary_en": "The Attorney General's Office issues a non-binding opinion on Bill No. 24127, 'Act for the Protection of Bees.' The bill aims to prohibit the use of the insecticide Fipronil and its metabolites, as well as neonicotinoids, due to their impact on bees and other pollinators, and to declare three endemic bee species of public interest. The opinion contextualizes the initiative within a prior process: the Constitutional Chamber, in ruling 24807-2021, ordered the Executive Branch to conduct studies and implement measures on Fipronil. As a result, the Executive issued Decree 43767-S-MINAE prohibiting professional and industrial use of Fipronil, and presented a technical report (Min. of Health, 2022) that recommended differentiated measures by use type (agricultural, veterinary, domestic, professional). The Attorney General cautions that the Legislative Assembly must assess whether the ongoing executive measures are sufficient or whether it is necessary to legislate a blanket prohibition directly, and whether there is technical support for a uniform prohibition of all uses when the technical report proposed gradual and differentiated solutions.", "primary_topic_id": null, "topic_ids": [], "date": "20/09/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24627.json", "html_url": "/legal/doc/pgr-24627", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24627&strTipM=T" }, { "id": "pgr-24644", "citation": "OJ-109-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Municipal powers to regulate the appointment of Education and Administrative Boards", "title_es": "Facultades municipales para reglamentar el nombramiento de Juntas de Educación y Administrativas", "summary_en": "This Legal Opinion examines whether Municipal Councils can issue regulations to govern the appointment procedure for members of Education Boards and Administrative Boards, along with related issues such as the ability to request additional information from candidates, modify the shortlists proposed by schools, or interpret Article 146 of the Electoral Code. The Attorney General's Office concludes that municipalities may issue autonomous organizational and service regulations to govern the appointment process, provided they do not contradict the law or executive regulations. However, they cannot require additional information from candidates unless normatively authorized, they cannot modify the shortlists on their own, and they must select one person per shortlist. Additionally, the PGR declares itself incompetent to interpret the Electoral Code, a power reserved exclusively to the Supreme Electoral Tribunal. The opinion is non-binding as it did not originate from a public administration body.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/09/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24644.json", "html_url": "/legal/doc/pgr-24644", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24644&strTipM=T" }, { "id": "pgr-24670", "citation": "C-240-2024", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Application of GAM Plan restrictions to ICAA expropriations in protective zones", "title_es": "Aplicación de restricciones del Plan GAM a expropiaciones del ICAA en zonas protectoras", "summary_en": "The Attorney General's Office addresses three queries from MINAE regarding the interplay between Executive Decree 25902-MIVAH-MP-MINAE (GAM Plan) and the powers of the Costa Rican Institute of Aqueducts and Sewers (ICAA). It holds that minimum-area restrictions for subdivisions in special forest-protection zones (Article 5.2) and in the Special Protection Zone (Article 3) do not apply to ICAA expropriations for drinking-water projects, as they would curtail a higher, public-interest legal power. It determines that the water-use regime in State Natural Heritage (Law 9590) does not govern while the land remains private, but does apply after expropriation if the land is forested. Lastly, it clarifies that the Río Navarro Río Sombrero Protective Zone is not subject to Article 5.2 of the GAM Plan, and that the portion lying within the Special Protection Zone is governed by Article 3, which nevertheless does not restrict the ICAA.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "subdivision-fraccionamiento" ], "date": "23/10/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24670.json", "html_url": "/legal/doc/pgr-24670", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24670&strTipM=T" }, { "id": "pgr-24675", "citation": "OJ-137-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Authentic interpretation of Article 4 of Law 9814 — scope of revoked permits", "title_es": "Interpretación auténtica del artículo 4 de la Ley 9814 — alcances de los permisos revocados", "summary_en": "The Attorney General's Office reviews bill No. 24,338, which sought to provide an authentic interpretation of Article 4 of the Law for the Sustainable Production of Salt and Cultivated Shrimp (No. 9814). The bill aimed to clarify whether holders of use permits revoked by administrative closure could apply for a new permit, equating 'revoked' with 'not renewed'. The PGR concludes that the proposal is not technically an authentic interpretation but rather a legal reform, since the original Article 4 only covers expired or non-renewed permits, not revoked ones. Additionally, the proposed Article 4 bis introduces new regulations for impacted areas with administrative closure. On the merits, the PGR warns that modifying the exception regime established by Transitory I of the Forestry Law to allow new permits in mangroves, beyond the renewal of existing ones, would require prior technical justification, in accordance with the principles of environmental safeguard objectivity, reasonableness, and non-regression.", "primary_topic_id": null, "topic_ids": [], "date": "24/10/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24675.json", "html_url": "/legal/doc/pgr-24675", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24675&strTipM=T" }, { "id": "pgr-24711", "citation": "OJ-135-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on bill to combat organized crime in environmental offenses", "title_es": "Opinión sobre proyecto de ley para combatir el crimen organizado en delitos ambientales", "summary_en": "The Attorney General’s Office analyzes bill No. 23.952, which seeks to amend four environmental laws to increase prison sentences by 50% when the offense is committed by an organized criminal group, so that they reach at least four years and qualify as 'serious crimes,' thus enabling the special procedure for organized crime. The opinion finds that the legislative technique is deficient because it wrongly assumes all offenses carry the same sentencing range, causing many crimes —such as tree poisoning or commercial retention of turtles— to still fall short of four years despite the increase. It identifies which articles in each law would meet the goal and which would not, and proposes specific solutions: adjust the base penalty for certain offenses to two years and eight months so that the 50% increase reaches four years, or directly raise the maximum penalty to four years in case of organized crime. It concludes that the bill is incomplete and recommends correcting its flaws to effectively combat organized environmental crime.", "primary_topic_id": "criminal-environmental", "topic_ids": [ "criminal-environmental" ], "date": "24/10/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24711.json", "html_url": "/legal/doc/pgr-24711", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24711&strTipM=T" }, { "id": "pgr-24716", "citation": "OJ-156-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal Opinion on the Bill Creating the Coffee Growers' Trust Fund", "title_es": "Opinión Jurídica sobre el proyecto de Ley para la Creación del Fideicomiso Cafetalero", "summary_en": "The Attorney General's Office analyzes a bill that creates a trust fund to comprehensively address the needs of coffee producers, financed through mandatory contributions from banking and insurance entities and the transfer of public surpluses. The opinion identifies several issues: Article 3 is overly broad and mixes disparate subjects; mandatory contributions on after-tax net profits may financially harm the obligated entities and are not tax-deductible; the trust fund and its purchases would be exempt from all taxes without meeting procedural requirements; Transitory Provision III unconstitutionally delegates rule-making to ICAFE instead of the Executive Branch. It also recommends consulting the affected entities, including public banks, INS, INA, INDER, and the Ministry of Finance, and reviewing the legality of the proposed surplus transfers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24716.json", "html_url": "/legal/doc/pgr-24716", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24716&strTipM=T" }, { "id": "pgr-24718", "citation": "OJ-155-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on bill 'Special Law against Violence against Children and Adolescents'", "title_es": "Criterio sobre proyecto de ley 'Ley Especial contra la Violencia en Perjuicio de las Niñas, Niños y Adolescentes'", "summary_en": "The Attorney General's Office (PGR) issues its legal technical opinion on bill 22.915 'Special Law against Violence against Children and Adolescents'. The PGR analyzes the proposal to create new criminal offenses, modify existing ones, and establish protective measures for this population. Observations include: some guiding principles are redundant given existing law; a permanent parental disqualification could be unconstitutional; if omission to report is to be criminalized it needs a complete criminal definition; there is duplication with the Penal Code, Childhood Code, and other laws. It also recommends improving legislative drafting to avoid application issues, reviewing proposed penalties, and considering alternative measures. Overall, the bill is deemed compatible with the legal system, but the PGR suggests addressing the observations for better understanding and implementation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24718.json", "html_url": "/legal/doc/pgr-24718", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24718&strTipM=T" }, { "id": "pgr-24731", "citation": "OJ-164-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Exclusion of threatened sharks from fishing regulation", "title_es": "Exclusión de tiburones amenazados de la regulación pesquera", "summary_en": "The Attorney General's Office reviews bill 24.496, which amends the fourth paragraph of Article 1 of the Wildlife Conservation Law (7317) to exclude from fishing laws any shark species declared threatened or endangered, or with reduced or threatened populations under a closed season, as listed in the CITES appendices. The opinion notes that a similar bill (21.754) was archived and warns that the new version, by restricting the exclusion to sharks only and not all threatened species, abandons the original goal of comprehensive protection. It points out that applying the Wildlife Law to CITES species is consistent with the legal system, as that law already incorporates the convention. The Attorney General emphasizes the State's duty to protect hydrobiological resources and concludes that the decision rests with the Legislative Assembly, guided by technical input.", "primary_topic_id": "wildlife-law-7317", "topic_ids": [ "wildlife-law-7317" ], "date": "25/11/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24731.json", "html_url": "/legal/doc/pgr-24731", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24731&strTipM=T" }, { "id": "pgr-24735", "citation": "OJ-154-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Implementation of judicial fees in collection processes and their constitutional compatibility", "title_es": "Implementación de tasas judiciales en procesos de cobro y su compatibilidad constitucional", "summary_en": "The Attorney General's Office analyzes bill 23.379, which proposes creating a fee to improve the management of judicial debt collection. The fee would apply to payment claims, foreclosures, and prejudgment attachments, payable by the creditor upon filing. The opinion examines judicial fee models in comparative law (Argentina, Colombia, Spain), emphasizing that their constitutionality depends on not hindering access to justice. In light of the principles of effective judicial protection, gratuity, and equality (Articles 33 and 41 of the Constitution), the PGR notes that the levy is more a parafiscal contribution than a fee. Although the bill provides exemptions for individuals and public entities, potential constitutional tensions are identified: payment as an admissibility requirement could limit access to justice, the 5% rate may not be proportional, and the Judicial Branch's accountability to the Legislative Assembly could affect judicial independence. The PGR reconsiders its previous position and concludes that imposing parafiscal charges is not per se unconstitutional, provided equity and proportionality parameters are guaranteed. It recommends assessing constitutionality aspects before final approval.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24735.json", "html_url": "/legal/doc/pgr-24735", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24735&strTipM=T" }, { "id": "pgr-24758", "citation": "C-287-2024", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal emergency lines cannot operate independently from the 9-1-1 System", "title_es": "Imposibilidad de líneas de emergencia municipales independientes del Sistema 9-1-1", "summary_en": "The Attorney General's Office analyzes whether municipalities, under their autonomy, may establish and operate their own emergency telephone lines outside the 9-1-1 Emergency System. Based on Law No. 7566, it concludes that the 9-1-1 System holds exclusive, nationwide jurisdiction over receiving and routing emergency calls through a single access point (the 911 number). The progressive merger of all emergency lines into a single number is a legal mandate, so no institution—including municipalities—may operate independent emergency numbers. Municipal autonomy does not override prevailing national powers; rather, municipalities must coordinate with the 9-1-1 System to address emergencies in their canton, serving as auxiliaries (e.g., through municipal police) when the System so requests.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/12/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24758.json", "html_url": "/legal/doc/pgr-24758", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24758&strTipM=T" }, { "id": "pgr-24766", "citation": "OJ-181-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Authority to certify land use for sanitary landfills", "title_es": "Competencia para certificar uso de suelo en rellenos sanitarios", "summary_en": "The Attorney General's Office analyzes bill 24251, which seeks to transfer the authority to grant land-use certificates for sanitary landfills from local governments to the Ministry of Health. It concludes that such authority is inherent to municipal autonomy under Articles 169 and 170 of the Constitution, so the reform could raise constitutional concerns. It also stresses that land-use certificates are not discretionary acts but must conform to the zoning established in the local regulatory plan, which must incorporate environmental considerations through a strategic environmental assessment. It recommends evaluating whether the problem of solid waste final disposal is due more to implementation failures than to a normative gap, and to consider consistency with other pending bills, such as file 23451 which amends the Integrated Waste Management Law.", "primary_topic_id": null, "topic_ids": [], "date": "16/12/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24766.json", "html_url": "/legal/doc/pgr-24766", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24766&strTipM=T" }, { "id": "pgr-24778", "citation": "OJ-177-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Amendments to the Law Regulating Propaganda Using the Image of Women in Commercial Advertising", "title_es": "Reformas a la Ley de Propaganda e Imagen de la Mujer en la publicidad comercial", "summary_en": "The Attorney General's Office issued an opinion on bill 24.245, which seeks to amend Law No. 5811 (the Law Regulating Propaganda Using the Image of Women). The bill aims to broaden its scope to commercial advertising and digital platforms, define new concepts, eliminate prior censorship, establish a system for complaints and sanctions, and create an Advisory Council on Advertising. The Attorney General finds that the initiative generally aligns with the State’s obligation to protect women against discrimination and violence, based on international instruments such as CEDAW and the Belém do Pará Convention. However, it identifies several legislative drafting issues that need attention: reduction of the resolution deadline without justification, the need to regulate the composition and operation of the Advisory Council, clarification of the ministerial office’s capacity, correction of the transitional provision (which is really an order to regulate, not a transitional rule), and extension of redress measures to all affected women, not only models. The opinion emphasizes that approval is a matter of legislative discretion.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/12/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24778.json", "html_url": "/legal/doc/pgr-24778", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24778&strTipM=T" }, { "id": "pgr-24789", "citation": "OJ-182-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal reform for aerial spraying and protection of health and the environment", "title_es": "Reforma legal para fumigación aérea y protección de la salud y el ambiente", "summary_en": "The Office of the Attorney General reviewed bill 23.697, which aims to amend the Phytosanitary Protection Law and the General Civil Aviation Law to regulate aerial spraying. The proposal establishes exclusion zones of 1000 meters around sensitive areas for manned aircraft and 100 meters for drones, prohibits unauthorized pesticides, and sets penalties. The opinion finds no overall constitutional issues but underscores the need for technical studies to justify exclusion distances, in line with the principles of objectivization of environmental protection and reasonableness. Legislative drafting observations address ambiguities, acronyms, lack of emergency exceptions, the need for enabling regulations, and revisions to sanctions and wording. The PGR recommends adjustments before approval, especially technical backing for the proposed measures.", "primary_topic_id": null, "topic_ids": [], "date": "16/12/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24789.json", "html_url": "/legal/doc/pgr-24789", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24789&strTipM=T" }, { "id": "pgr-24801", "citation": "OJ-013-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Tax Control Strengthening Bill", "title_es": "Proyecto de fortalecimiento del control tributario", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 23.759, 'Strengthening Tax Control,' which amends the Tax Code. It identifies issues of legislative technique, imprecise wording, and potential constitutional conflicts with due process and rights of defense. The opinion notes that rules on joint and subsidiary liability omit procedural moments, procedures, and statute of limitations. It warns that the collection reform would eliminate the Collections Office without transitional provisions. It concludes that approval is at legislative discretion but recommends reviewing the observations.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/01/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24801.json", "html_url": "/legal/doc/pgr-24801", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24801&strTipM=T" }, { "id": "pgr-24827", "citation": "C-031-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Denial of favorable opinion to annul authorization for Ayahuasca use at therapeutic center", "title_es": "Rechazo de dictamen favorable para anular autorización de uso de Ayahuasca a centro terapéutico", "summary_en": "The Office of the Attorney General (PGR) denied issuing a favorable opinion for the Ministry of Health to declare the absolute, evident, and manifest nullity of the administrative act that temporarily authorized the Rythmia Life Advancement Center to use Ayahuasca for therapeutic purposes. The PGR found serious procedural defects in the administrative annulment process: the opening resolution failed to properly notify the charges or the specific grounds of nullity, did not explain why the nullity was evident and manifest, and omitted the consequences for the permit holder. During the hearing, the investigating body introduced issues not previously charged, and later exceeded its instructional role by issuing a final resolution with orders. On the merits, since no clear regulation on Ayahuasca existed at the time of the authorization, the alleged nullity cannot be deemed evident and manifest. Therefore, administrative annulment is not viable; the Administration must either initiate the judicial ‘lesividad’ process or exercise its regulatory powers in public health.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/02/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24827.json", "html_url": "/legal/doc/pgr-24827", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24827&strTipM=T" }, { "id": "pgr-24837", "citation": "C-036-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Associations and cooperatives as eligible for INDER land allocation under Law 9036", "title_es": "Asociaciones y cooperativas como sujetos de dotación de tierras del INDER bajo la Ley 9036", "summary_en": "The opinion interprets whether associations under Law 218 and cooperatives under Law 4179 may be beneficiaries of INDER's land allocation systems under Law 9036. It concludes that both are non-profit legal entities compatible with the rural development law's objectives, provided they meet Article 46 requirements. It notes that instrumental profit in associations and surpluses in cooperatives do not make them for-profit entities. It indicates that distributing profits among members is contrary to their nature, and that upon dissolution, Law 9036 limits apply. The PGR abstains from reviewing the internal audit report and money transfers, as that falls under the Comptroller General's authority. The query is admissible because it is framed in general terms.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/02/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24837.json", "html_url": "/legal/doc/pgr-24837", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24837&strTipM=T" }, { "id": "pgr-24841", "citation": "OJ-030-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Securitization of future flows from mineral and energy resource exploitation", "title_es": "Titularización de flujos futuros de explotación de recursos minerales y energéticos", "summary_en": "The Attorney General's Office analyzes Bill No. 24,285, which seeks to promote the securitization of future flows from the exploitation or non-exploitation rights of mineral and energy resources. It notes that the bill is imprecise, does not clarify whether it intends to reverse the moratorium on hydrocarbon exploitation, and fails to establish the securitization mechanism. It warns that any modification of the moratorium must be based on an updated cost-benefit analysis and international climate law. Additionally, it highlights that future flows are undefined, many have specific legal earmarks, and securitizing non-exploitation rights requires examining compatibility with carbon markets and the country's decarbonization obligations. It concludes by recommending consideration of all observations, though the final decision is legislative.", "primary_topic_id": null, "topic_ids": [], "date": "03/03/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24841.json", "html_url": "/legal/doc/pgr-24841", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24841&strTipM=T" }, { "id": "pgr-24848", "citation": "OJ-037-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Authorization for Firefighters to intervene in protected wild areas", "title_es": "Autorización al Cuerpo de Bomberos para intervenir en áreas silvestres protegidas", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill No. 24,325, which seeks to amend Article 35 of the Forestry Law to authorize the Firefighter Corps to immediately intervene in wildfires within protected wild areas and to transfer 2% of SINAC's budget to the Firefighters for this purpose. The PGR does not take a position for or against the bill, but recommends that lawmakers verify whether there is an actual coordination problem between the two entities and gather technical information on current wildfire response in these areas before deciding on the amendment. It emphasizes that approval is a strictly legislative decision, but suggests weighing the observations made.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "06/03/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24848.json", "html_url": "/legal/doc/pgr-24848", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24848&strTipM=T" }, { "id": "pgr-24849", "citation": "OJ-038-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Amendment to Article 18 of the Forestry Law to recognize indigenous ancestral practices in protected wild areas", "title_es": "Reforma al Artículo 18 de la Ley Forestal para reconocer prácticas ancestrales indígenas en áreas silvestres protegidas", "summary_en": "The Office of the Attorney General analyzes bill No. 24454, which seeks to amend Article 18 of the Forestry Law (No. 7575) to allow indigenous peoples' ancestral practices within protected wild areas, which are part of the State's natural heritage. The opinion recalls that, according to prior opinion PGR-C-153-2023, Article 14.1 of ILO Convention 169 does not impose a direct duty to permit such activities outside indigenous territories; rather, each State must determine, based on technical criteria, the 'appropriate cases' requiring safeguard measures. The proposed amendment is a legislative decision, but the Attorney General warns that, to respect the principles of objectification of environmental protection, reasonableness, and proportionality, a technical justification is needed identifying which specific ancestral practices are affected and in which protected areas, and that the legal text must be clear to ensure only truly ancestral activities, compatible with conservation and carried out by indigenous people, are authorized.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "forestry-law-7575", "indigenous-law-6172" ], "date": "06/03/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24849.json", "html_url": "/legal/doc/pgr-24849", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24849&strTipM=T" }, { "id": "pgr-24861", "citation": "C-050-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal approval on survey plans for border-zone concessions", "title_es": "Visado municipal en planos para concesión en franja fronteriza", "summary_en": "The Attorney General's Office addresses whether Executive Decree No. 39688, Article 19(e), requires municipal approval (visado municipal) on cadastral plans for concession applications in the border zone with Panama. It holds that this approval is not the same as that required by Articles 33 and 34 of the Urban Planning Law for subdivisions. Thus, the Coto Brus Municipal Regulation on Cadastral Plan Approval, which governs urban-planning visas, does not apply to INDER concessions. PGR interprets that the required visa may aim to verify compliance with the right-of-way of cantonal roads—a municipal power under the Construction Law and Public Roads Law. Since the regulation requires this visa in all cases, its application demands coordination between INDER and municipalities.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "subdivision-fraccionamiento" ], "date": "17/03/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24861.json", "html_url": "/legal/doc/pgr-24861", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24861&strTipM=T" }, { "id": "pgr-24881", "citation": "OJ-047-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reduction of INVU to advisory role and elimination of supralocal visa in bill 23.829 reforming the Urban Planning Law", "title_es": "Reducción del INVU a competencia recomendatoria y eliminación del visado supralocal en el proyecto de ley 23.829 de reforma a la Ley de Planificación Urbana", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on the bill no. 23.829 as reported, which amends the Urban Planning Law. It concludes that the initiative, similar to the original text analyzed in opinion PGR-OJ-178-2024, dismantles the coordination between national and local urban planning levels. Specifically, it turns INVU's role on cantonal regulatory plans into a non-binding technical recommendation, eliminates the mandatory visa for urbanization and subdivision plans when a local regulatory plan exists, and repeals Transitional Provision II, thereby removing INVU's power to issue subsidiary urban development regulations. Moreover, it transfers to municipalities the unilateral definition of environmental variables in the regulatory plan, contrary to SETENA's authority and the constitutional requirement for environmental impact assessment. The opinion warns that these measures would create a legal vacuum, weaken the protection of supralocal interests such as environment and health, and violate the constitutional order.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento", "environmental-law-7554" ], "date": "21/03/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24881.json", "html_url": "/legal/doc/pgr-24881", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24881&strTipM=T" }, { "id": "pgr-24899", "citation": "OJ-060-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Patent tax for economic activities in the canton of Nicoya", "title_es": "Impuesto de patentes para actividades económicas en el cantón de Nicoya", "summary_en": "The Attorney General's Office issues a legal opinion on bill 'Patent Tax Law for Economic Activities in the Canton of Nicoya' (file no. 24.842), introduced by the Municipality of Nicoya. The request came from the Special Commission of the Province of Guanacaste of the Legislative Assembly. The PGR analyzes municipal tax authority and the principle of statutory reserve in municipal tax matters. It concludes that the bill falls within the legislature's discretion. It reiterates that, regarding municipal taxes, the Legislative Assembly may only approve or reject the bill, without the power to amend it, since the creation of the tax is exclusively the municipality's prerogative. The PGR suggests legislators verify that the proposed patent tax defines the essential elements of the tax (taxpayer, taxable event, tax base, and rate) and that provisions on inspection and penalties conform to the Municipal Code and the Tax Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/04/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24899.json", "html_url": "/legal/doc/pgr-24899", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24899&strTipM=T" }, { "id": "pgr-24902", "citation": "OJ-063-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Tax Reform for the Papagayo Tourist Project", "title_es": "Reforma tributaria del proyecto turístico Papagayo", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 24.828, which proposes amending Article 18 of Law 6758 to modify the calculation of the annual canon and create a transfer tax on concessions in the Papagayo Tourist Project. The analysis concludes that the bill does not present apparent constitutional issues and falls within legislative discretion. However, it recommends reviewing the technical clarity of the rates, the methodology for valuing concessions (including the 0.60 coefficient), and the essential elements of the new tax (active subject, passive subject, taxable event, tax base, and rate). It also emphasizes that the public zone is inalienable and not subject to private concession, in accordance with the Maritime Zone Law. The opinion reiterates observations from the prior opinion OJ-113-2020, highlighting the need to consult the municipalities of Liberia and Carrillo and the Costa Rican Tourism Board.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/04/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24902.json", "html_url": "/legal/doc/pgr-24902", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24902&strTipM=T" }, { "id": "pgr-24917", "citation": "OJ-171-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Limón Free Trade Zone Bill — Constitutionality and legality review", "title_es": "Ley de Creación del Depósito Libre Comercial de Limón — Examen de constitucionalidad y legalidad", "summary_en": "The Attorney General's Office reviews Bill 24.513, which would create the Limón Free Trade Zone (DELI). The opinion recalls that the constitutionality of such special tax regimes depends on their responding to an objective and unfavorable socioeconomic situation of the region, as required by the Constitutional Chamber when examining the Golfito Free Trade Zone (ruling 0319-95). It warns that the bill must solidly justify the preferential tax treatment to avoid violating the principle of equality and freedom of commerce, and that the resources must be destined to the social development of the province and not merely to strengthening JAPDEVA. It also points out legislative drafting defects —numbering errors— and objects to the attribution to the Special Trust Committee of the power to approve plans and financing, a function incompatible with its nature as a purely advisory body. It further recommends hearing from the Ministry of Finance about the fiscal and budgetary impact of the initiative, particularly the transfer of up to one billion colones annually for four years.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/11/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24917.json", "html_url": "/legal/doc/pgr-24917", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param1=PRD¶m6=1&nDictamen=24917&strTipM=T" }, { "id": "pgr-24919", "citation": "C-073-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Indigenous traditional activities in protected wild areas and Maleku people's fishing", "title_es": "Actividades tradicionales indígenas en áreas silvestres protegidas y pesca del pueblo Maleku", "summary_en": "The opinion responds to a request for reconsideration of criterion PGR-C-153-2023, filed by the Minister of Environment and Energy, regarding the possibility of authorizing indigenous traditional activities in protected wild areas and, specifically, the Maleku people's collective fishing practice in the Caño Negro Mixed National Wildlife Refuge. The Attorney General's Office declares the reconsideration inadmissible as untimely and due to lack of standing of the petitioner, since it was not filed by the original consulting body or the higher hierarchical organ. Moreover, it clarifies that the questions raised are specific cases not amenable to binding consultation. However, on its own motion, it expands the previous opinion to indicate that, under Article 9 of the Fishing and Aquaculture Law, fishing in national wildlife refuges is restricted and must conform to MINAE management plans, with no legal authorization to permit non-traditional fishing gear or indigenous activities other than those allowed in protected wild areas of the State's Natural Heritage.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "wildlife-law-7317", "indigenous-law-6172" ], "date": "03/04/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24919.json", "html_url": "/legal/doc/pgr-24919", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24919&strTipM=T" }, { "id": "pgr-24923", "citation": "OJ-087-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legislative inquiry on Maritime Zone not admissible as binding consultation", "title_es": "Consulta legislativa sobre Zona Marítimo Terrestre no admisible como consulta vinculante", "summary_en": "Legislator Ariel Robles Barrantes requested information and legal opinion from the Attorney General's Office on eight points regarding the Maritime Zone. The PGR clarifies that requests for legal opinion by legislators are not equivalent to simple information requests and are not binding. In this case, most points fail to meet admissibility requirements: they are not linked to a specific bill or political control function. Therefore, the response is merely informative in nature. The PGR underscores that it is not part of the active Administration, not the hierarchical superior of municipalities or the ICT, and does not conduct investigations or keep records on concessions or public access. It reiterates the difference between concession and use permit, the exclusive competence of municipalities and the ICT, and refers to its public opinions in the SINALEVI system.", "primary_topic_id": null, "topic_ids": [ "_off-topic" ], "date": "15/07/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24923.json", "html_url": "/legal/doc/pgr-24923", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24923&strTipM=T" }, { "id": "pgr-24924", "citation": "OJ-115-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Use of the public zone for tourist services through precarious permits", "title_es": "Uso de la zona pública para servicios turísticos mediante permisos en precario", "summary_en": "The Attorney General's Office analyzed the bill 'Law for the Development and Promotion of the Maritime-Terrestrial Zone' (file 23.148), which seeks to authorize municipalities and district councils to grant precarious use permits on the public zone for tourism services. The legal opinion warns that the proposal restricts the common use of the public zone, free access, free transit, and recreational activities, potentially violating the constitutional principle of intangibility and environmental protection. It also criticizes the delegation to municipal regulations for creating disparate rules and unequal treatment, and notes limits on the regulatory power of Municipal District Councils. The PGR recommends reviewing the constitutional and legislative technique observations, leaving the final decision to the Legislative Assembly.", "primary_topic_id": null, "topic_ids": [], "date": "04/10/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24924.json", "html_url": "/legal/doc/pgr-24924", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24924&strTipM=T" }, { "id": "pgr-24925", "citation": "OJ-143-2024", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Inadmissibility of legislative inquiry on INDER's duties to recover PNE lands", "title_es": "Inadmisibilidad de consulta legislativa sobre deberes del INDER para recuperar bienes del PNE", "summary_en": "The Office of the Attorney General declares inadmissible the inquiry submitted by Congressman Ariel Robles regarding whether the Institute of Rural Development (INDER) is obligated to recover illegally appropriated lands from the State Natural Heritage within the Gandoca-Manzanillo Wildlife Refuge. The inadmissibility is grounded on the facts that the inquiry concerns a specific administrative decision and that the matter is pending before the Constitutional Chamber, without justification linking it to political control functions or a legislative bill. Nonetheless, in a non-binding advisory capacity, the PGR compiles extensive case law and regulations on: the constitutional duty of environmental protection and rational land use; the action of 'lesividad' as a mechanism to recover public domain assets; the immediate legal attachment to the public domain of forests and forest lands of the PNE; the prohibition on transferring such lands; and the liability of INDER (formerly IDA) for improper titling of PNE lands and its obligation to recover them.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "procedural-environmental", "property-and-titling" ], "date": "31/10/2024", "year": "2024", "json_url": "/data/legal/docs/pgr-24925.json", "html_url": "/legal/doc/pgr-24925", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24925&strTipM=T" }, { "id": "pgr-24937", "citation": "C-083-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Sale of Standardized Products by the National Press", "title_es": "Comercialización de productos estandarizados por la Imprenta Nacional", "summary_en": "The Attorney General's Office analyzes whether the National Press may sell standardized printed products (notebooks, agendas, calendars, etc.) to public and private users, as a strategy to maximize resources without additional investment. It concludes that it is legally permissible. The opinion distinguishes between contracted graphic arts services—which require explicit legal authorization and are limited to public entities—and the production for free sale of standardized items, which is deemed inherent to its mission and social purpose. This activity aligns with the principle of efficiency, takes advantage of installed capacity, and offsets digital migration. The opinion emphasizes the need for a robust legal framework but approves the direct sale of standard products as a legitimate exercise of its substantive powers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/05/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24937.json", "html_url": "/legal/doc/pgr-24937", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24937&strTipM=T" }, { "id": "pgr-24958", "citation": "OJ-072-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Closure and liquidation of RACSA — constitutionality and legislative technique", "title_es": "Cierre y liquidación de RACSA — constitucionalidad y técnica legislativa", "summary_en": "The Attorney General’s Office analyzes the amended text of the bill to close and liquidate Radiográfica Costarricense S.A. (RACSA). It concludes that the initiative does not breach Costa Rica’s international commitments under CAFTA-DR, since Article 5 of Law 8660 allows the sale or closure of ICE Group companies by special law. However, the opinion warns of serious regulatory gaps in substantive aspects —economic, labor, regulatory, and patrimonial— which cannot be delegated to infra-legal norms. It points out that the requirement of a prior consultation with SUTEL on the patrimonial liquidation encroaches on the powers of the Comptroller General, and that transferring spectrum frequencies directly to ICE without a public tender could be unconstitutional. It recommends correcting the legislative technique and constitutional issues before approval.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/05/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24958.json", "html_url": "/legal/doc/pgr-24958", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24958&strTipM=T" }, { "id": "pgr-24969", "citation": "C-100-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Application of the 1.5% tax on fertilizers and their possible exemption", "title_es": "Aplicación del tributo del 1.5% a fertilizantes y su posible exoneración", "summary_en": "The Attorney General's Office analyzes whether the 1.5% CIF value tax established in Article 43 of the Plant Health Law (6248), as amended by Laws 7017-C, 7664 and 8702, applies to fertilizer imports. It concludes that fertilizers are chemical products for agricultural use and therefore are taxable. Although the law calls it a 'rate,' it is technically a tax, so no direct service to the importer is required. The specific destination of the proceeds (pesticide quality control) does not exempt fertilizers. Additionally, fertilizer importers may claim the exemption under Article 5 of Law 7293, provided they meet legal and regulatory requirements, including inclusion in Executive Branch lists and lack of adequate Central American production.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "26/05/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24969.json", "html_url": "/legal/doc/pgr-24969", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24969&strTipM=T" }, { "id": "pgr-24984", "citation": "C-112-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Maritime-Terrestrial Zone in the Northern Caribbean and Secondary Channels", "title_es": "Zona marítimo terrestre en el Caribe Norte y canales secundarios", "summary_en": "The Office of the Attorney General rules that, under Article 75 of Law 6043, the municipally administered Maritime-Terrestrial Zone (MTZ) in the Northern Caribbean is confined to the lands adjacent to both sides of the main channels connecting Moín and Barra del Colorado, as identified by Decree No. 3729 of 1974. Secondary channels not listed in that decree are not subject to that municipal MTZ; instead, they remain under JAPDEVA’s administration pursuant to Article 41(b) of Law 5337, unless they constitute State Natural Heritage or lands transferred to the ICT by Law 2906. Other manifestations of the MTZ, such as estuaries, are also administered by JAPDEVA under the same regime, provided they do not overlap with the municipal MTZ, in which case the latter prevails. Where the restricted zone overlaps with the public zone, the restrictions of the public zone take precedence. The criteria of Opinions C-191-1996 and C-351-2006 are reiterated.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "06/06/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-24984.json", "html_url": "/legal/doc/pgr-24984", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=24984&strTipM=T" }, { "id": "pgr-25002", "citation": "C-125-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on vacation rights for DGSC trust positions", "title_es": "Inadmisibilidad de consulta sobre vacaciones de cargos de confianza en la DGSC", "summary_en": "The Attorney General's Office declares inadmissible the consultation submitted by the Acting Director General of the Civil Service Directorate regarding whether the Autonomous Service and Organization Regulation (Decree 35573-MP) applies to the trust positions of Director and Deputy Director for purposes of the graduated vacation regime. Two reasons support the inadmissibility: first, the legal opinions provided by the institutional advisory body do not meet the statutory requirement of a specific, thorough, and detailed study directly addressing the question posed, as they were issued for other internal matters and only marginally touch upon the topic. Second, the consultation involves a direct personal interest of the inquiring official, who currently holds the position of Acting Director General, thereby violating the principle that the consultative function must be exercised exclusively in the public institutional interest. However, the Office reiterates its well-established administrative jurisprudence: in the absence of a special rule providing otherwise, trust officials are only entitled to two weeks of vacation for every fifty weeks of continuous service, in accordance with Article 59 of the Constitution, and the graduated vacation system applicable to regular civil servants does not extend to them.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/06/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25002.json", "html_url": "/legal/doc/pgr-25002", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25002&strTipM=T" }, { "id": "pgr-25032", "citation": "C-147-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Horizontal transfers of spouses and relatives of council members by the mayor", "title_es": "Traslados horizontales de cónyuges y parientes de concejales por el alcalde", "summary_en": "The Attorney General's Office analyzes whether the mayor may authorize horizontal transfers of their spouse or relatives of council members when such persons are already career civil servants with prior appointments. It concludes that, under the Municipal Code, this is viable provided the exception in the second paragraph of Article 136 (which protects employees appointed prior to the official's designation) and the conditions of Article 141 (prior report, no evident harm, and a real municipal need) are met. It stresses that these actions must be governed by the principles of impartiality, transparency, and efficiency, and must be directed toward the public interest. It does not rule on the third question due to lack of clarity, but provides general observations on nepotism and the duty of probity, noting that conflicts of interest must be avoided and that violations render the conduct illegal.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/07/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25032.json", "html_url": "/legal/doc/pgr-25032", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25032&strTipM=T" }, { "id": "pgr-25041", "citation": "C-156-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Requirement of a coastal management plan for marina and tourist dock concessions", "title_es": "Exigencia de plan regulador costero para concesiones de marinas y atracaderos turísticos", "summary_en": "The Attorney General's Office rules that granting concessions for marinas or tourist docks in the maritime-terrestrial zone requires the prior existence of a coastal management plan or other territorial planning instruments provided by law. The preliminary project approved by CIMAT, even with SETENA's environmental viability, cannot replace this requirement. The regulatory amendment by Decree 43751, which sought to waive this requirement in certain cases, contravenes Laws 6043 and 7744 and the principle of normative hierarchy. The PGR considers it inappropriate to review the validity of that decree through advisory means, as this is a matter for the courts. It also clarifies that the public zone can be planned in exceptional cases, and reaffirms municipal planning powers. The opinion concludes that higher-ranking norms prevail and legal operators must apply the superior rule.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "16/07/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25041.json", "html_url": "/legal/doc/pgr-25041", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25041&strTipM=T" }, { "id": "pgr-25058", "citation": "OJ-119-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform to Articles 11 and 18 of the Foundations Law on State Representation", "title_es": "Reforma a los artículos 11 y 18 de la Ley de Fundaciones sobre representación estatal", "summary_en": "The Attorney General's Office analyzes Bill No. 24.472, which would amend the Foundations Law to remove the obligation for the Executive Branch and municipalities to appoint representatives to the boards of foundations that do not receive public funds. The bill also adds a transitional provision allowing existing foundations to opt into the new regime. The PGR concludes that eliminating state representation for foundations without public resources falls within legislative discretion. However, it warns of an antinomy: allowing a foundation to amend its articles of incorporation after establishment to receive public funds conflicts with Article 3 of Law No. 5338, which prohibits changing constitutive provisions once the legal entity is created. It recommends also amending Article 3 if that is the legislator's intent. It validates the obligation to have internal audits and comply with transparency regulations and considers the transitional provision legally viable because it respects non-retroactivity.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "01/08/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25058.json", "html_url": "/legal/doc/pgr-25058", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25058&strTipM=T" }, { "id": "pgr-25064", "citation": "C-169-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Validity of social security exemptions under the Alliance for Progress Convention despite legal reform to the EARTH Law", "title_es": "Vigencia de exenciones de seguridad social bajo el Convenio de la Alianza para el Progreso frente a reforma legal a la Ley EARTH", "summary_en": "This PGR opinion addresses whether social security exemptions under the U.S.-Costa Rica Alliance for Progress Convention (Law No. 3011) remain valid for Costa Rican or permanent resident staff of EARTH after Law No. 8120 removed language recognizing prerogatives of an international mission. The PGR declares the consultation partially inadmissible due to lack of legal opinion on two questions. On the merits, it reiterates Dictamen C-322-2018: the Convention is a treaty with supra-legal rank under Article 7 of the Constitution and the pacta sunt servanda principle. Its fiscal and social security exemptions (Article IV(b)) cover ONLY foreign personnel who are NOT permanent residents; Costa Rican and permanent resident personnel are NOT covered. The 2001 deletion of the ‘international missions’ phrase in Article 19 of Law No. 7044 does not affect these benefits, as they stem directly from the treaty. No formal declaration of international mission status is required; the diplomatic treatment under Article II of the Convention suffices.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/08/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25064.json", "html_url": "/legal/doc/pgr-25064", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25064&strTipM=T" }, { "id": "pgr-25068", "citation": "OJ-118-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Amendments to the Agrarian Procedural Code — observations on jurisdiction and protection of public domain assets", "title_es": "Reformas al Código Procesal Agrario — observaciones sobre competencias y protección de bienes demaniales", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on bill 24818, which amends various articles of the Agrarian Procedural Code. It analyzes modifications related to tree removal proceedings, possessory information actions, administrative evictions, agrarian jurisdiction, and the Attorney General's participation. Regarding the hearing to the Attorney General in tree removal cases, it states that it must be maintained even on private property due to the public interest in protecting forest resources, and that the entities administering public domain assets should also be heard. It supports eliminating the 5-day hearing in non-contentious proceedings as insufficient, and that in possessory information actions judicial inspection be conducted regardless of size when the property is in protected wild areas, state natural heritage, forested, or crossed by water bodies. It warns that Article 323 reverses the burden of proof to the detriment of the State and must be aligned with Article 8 of the Possessory Information Law. It recommends clarifying agrarian jurisdiction to avoid conflicts with the administrative litigation jurisdiction and making adjustments to various articles.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "04/08/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25068.json", "html_url": "/legal/doc/pgr-25068", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25068&strTipM=T" }, { "id": "pgr-2507", "citation": "C-181-1994", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal framework and environmental requirements for the Papagayo Tourism Project", "title_es": "Régimen jurídico y exigencias ambientales del Proyecto Turístico de Papagayo", "summary_en": "The Office of the Attorney General analyzes the legal status of the Papagayo Tourism Project at the request of the Costa Rican Tourism Board (ICT). It finds no legal exemption from general legislation and confirms the full applicability of environmental law, including the mandatory submission of environmental impact studies to the inter-institutional commission created by Decree 21930-MIRENEM. The ICT may not substitute that commission or discretionally determine which projects require a full study. The Board of Directors is entitled to set concession terms different from those in the Maritime Zone Law, subject to discretionary limits and the public interest. The Master Plan is characterized as a regulatory act that must be issued and approved by the Board; the ICT has not proven its formal existence, constituting a breach of law. The opinion also rejects offsetting concession fees against infrastructure works built by concessionaires, as it violates public procurement principles and budgetary legality.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "23/11/1994", "year": "1994", "json_url": "/data/legal/docs/pgr-2507.json", "html_url": "/legal/doc/pgr-2507", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=2507&strTipM=T" }, { "id": "pgr-25103", "citation": "OJ-127-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Segregation and declassification of municipal communal area for donation to CNE", "title_es": "Segregación y desafectación de área comunal municipal para donación a la CNE", "summary_en": "The Attorney General's Office analyzes bill 24.606, which proposes segregating, declassifying, and donating a communal area lot from the Municipality of El Guarco to the National Emergency Commission. It concludes that the property, as municipal public domain, cannot be declassified but rather a 'mutación demanial' (public domain transfer) must apply, as it will retain a public purpose under another administration. It warns that any reduction or change of use of communal areas must comply with the compensatory facility principle, offering an equivalent or greater benefit to the community, according to constitutional case law. It notes that a logistics warehouse might not meet that standard and, if no compensation is ensured, it would be unconstitutional. Finally, it recalls that the legislative authorization is optional and requires the explicit consent of the Municipality.", "primary_topic_id": null, "topic_ids": [], "date": "11/08/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25103.json", "html_url": "/legal/doc/pgr-25103", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25103&strTipM=T" }, { "id": "pgr-25111", "citation": "OJ-110-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bee Protection Bill and Fipronil Restrictions", "title_es": "Proyecto de Ley de Protección de Abejas y restricciones al Fipronil", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 24.127, the 'Bee Protection Act.' It examines the substitute text, which differentiates types of Fipronil use and maintains a general prohibition on professional and industrial formulations, consistent with Executive Decree 43767-S-MINAE. The PGR is generally positive that the bill aligns with technical measures proposed by the Executive Branch after a Constitutional Court order (vote 24807-2021) stemming from a technical report on pollinator harm. However, it flags ambiguities in Articles 2 and 3 regarding indiscriminate agrochemical use and conditions for substance restrictions, and advises clearer drafting. The PGR reiterates its recommendation to evaluate the progress of existing executive measures and to observe the preventive and precautionary principles in environmental law.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317", "_off-topic" ], "date": "07/07/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25111.json", "html_url": "/legal/doc/pgr-25111", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25111&strTipM=T" }, { "id": "pgr-25114", "citation": "C-175-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Definition of Antagonistic Enterprise and Conflicts of Interest at JASEC", "title_es": "Concepto de empresa antagónica y conflictos de interés en JASEC", "summary_en": "This opinion interprets Articles 7 and 8 of Law 3300 (amended by Law 7799) governing incompatibilities for membership on JASEC's Board of Directors, particularly the prohibition against employees, contractors, or members of enterprises or institutions antagonistic to JASEC's interests, purposes, and goals. The PGR defines an antagonistic enterprise as any public or private entity that directly or indirectly competes with JASEC in providing the services authorized by law. It also clarifies that a contractor of an antagonistic enterprise is any person with a contractual relationship with such entity. The PGR partially admits the consultation, deeming inadmissible the question regarding specific organizations as it concerns concrete cases. It further analyzes the duty of probity and grounds for abstention and recusal that require board members to recuse themselves when a conflict of interest arises, even if the enterprise is not formally antagonistic.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/08/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25114.json", "html_url": "/legal/doc/pgr-25114", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25114&strTipM=T" }, { "id": "pgr-25118", "citation": "OJ-076-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Constitutional issues in bill to criminalize offenses against social security", "title_es": "Roces constitucionales en proyecto de penalización de delitos contra la seguridad social", "summary_en": "The Attorney General's Office issued an unfavorable opinion on Bill No. 23.956, 'Law on the Penalization of Crimes against Social Security.' The bill sought to add an article 216 bis to the Penal Code to criminalize the misappropriation, retention, or omission of contributions to social security institutions beyond the CCSS. The AGO warned that the bill keeps in force Article 45 of the CCSS Constitutive Law, creating a regulatory duplication. It noted that the proposed criminalization lacks clarity by failing to specify which institutions are covered and by grouping heterogeneous conducts without the precision required by the legality principle. It questioned the proportionality of the penalties, which refer to the amounts of the fraud offense (up to 10 years), thus potentially violating the prohibition of imprisonment for debts (Article 38 of the Constitution) and the proportionality principle, by turning mere patrimonial non-compliance, already sanctioned in special laws, into a crime. It recommended instead to amend the constitutive laws of each institution to adjust sanctions in a proportionate and systematic manner.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/05/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25118.json", "html_url": "/legal/doc/pgr-25118", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25118&strTipM=T" }, { "id": "pgr-25120", "citation": "C-105-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "IGN Authority on Indigenous Reserve Delimitation", "title_es": "Competencias del IGN sobre delimitación de reservas indígenas", "summary_en": "The Attorney General's Office declares inadmissible the National Geographic Institute's (IGN) consultation on whether it has authority to certify, delimit, or formalize indigenous territories. The consultation repeats a previous one (DIG-0066-2024) already resolved in binding opinion PGR-C-139-2024, which found a negative conflict of jurisdiction between IGN and INDER, to be resolved exclusively by the President. The PGR emphasizes it cannot resolve jurisdictional conflicts or review court rulings through advisory opinions. It reiterates that IGN's role is cartographic, geographic, geodetic, and geophysical, not territorial demarcation of indigenous reserves. The opinion warns that the legal procedure cannot be circumvented by refiling the consultation with slight variations to obtain a partial and inadmissible solution.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "property-and-titling" ], "date": "02/06/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25120.json", "html_url": "/legal/doc/pgr-25120", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25120&strTipM=T" }, { "id": "pgr-25121", "citation": "OJ-102-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reversibility of the ban on open-pit metallic mining in Cutris", "title_es": "Revertir prohibición de minería metálica a cielo abierto en Cutris", "summary_en": "Legal Opinion PGR-OJ-102-2025 analyzes bill No. 24.717, which seeks to authorize the exploration and exploitation of open-pit metallic mining exclusively in the district of Cutris, San Carlos, Alajuela, thereby reversing the national ban set forth in Article 8 bis of the Mining Code. The Attorney General's Office notes that although the timeliness and advisability of the bill fall within the discretionary authority of the legislature, the initiative has serious technical and legal shortcomings. It lacks scientific studies demonstrating the environmental viability of the activity in accordance with the principle of objectivization of environmental protection, and fails to show how risks from mercury and cyanide contamination—prohibited by the Minamata Convention—would be overcome. It also fails to assess the cumulative impact of multiple concessions in an ecologically sensitive area, does not resolve the contradiction with the ban on land-use change in forested areas under Article 19 of the Forestry Law, and shifts to the State the obligation to repair damage caused by illegal mining. The PGR recommends correcting regulatory imprecisions and conditions the constitutionality of any regression in environmental protection on a rigorous technical justification grounded in the principles of non-regression, prevention, and reasonableness.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554", "forestry-law-7575", "biodiversity-law-7788" ], "date": "25/06/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25121.json", "html_url": "/legal/doc/pgr-25121", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25121&strTipM=T" }, { "id": "pgr-25130", "citation": "OJ-148-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Draft law for Crucitas recovery and Huetar Norte Development Zone", "title_es": "Proyecto de ley para recuperación de Crucitas y Polo de Desarrollo Huetar Norte", "summary_en": "The Attorney General's Office, at the request of the Special Committee on the Province of Alajuela, analyzes draft law No. 24675, \"Law for the Sustainable Recovery of Crucitas and the Creation of the Huetar Norte Region Development Zone of Costa Rica\". The bill aims to establish a sustainable development model that discourages illegal mining, promotes environmental cleanup of mercury contamination, and creates a Sustainable Development Zone. It proposes using residual gold as a by-product of remediation and tokenizing hard-rock gold through digital assets. The PGR, while cooperating with the Assembly, clarifies its opinion is non-binding and avoids matters subject to ongoing litigation (annulment of Industrias Infinito's concession). It makes observations on the need to specify the territorial scope, legal nature, and regime of the Zone, as well as the management of the environmental bond and incentives. In conclusion, it recommends considering these observations, without taking a position for or against the bill, as it remains a legislative decision.", "primary_topic_id": null, "topic_ids": [], "date": "29/09/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25130.json", "html_url": "/legal/doc/pgr-25130", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25130&strTipM=T" }, { "id": "pgr-25132", "citation": "OJ-120-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Amendments to Criminal Procedure in Bill 24.913", "title_es": "Reformas al proceso penal en proyecto 24.913", "summary_en": "The Attorney General's Office issues a non-binding opinion on Bill 24.913, which amends the Criminal Procedure Code and the Organic Law of the Judiciary to limit alternative measures after the preliminary hearing, impose contempt for the accused's absence, defer review of defective procedural acts to the preliminary hearing, and expand single-judge court jurisdiction to crimes with up to 10-year sentences. It concludes that the amendments prioritize speed over procedural safeguards like due process, effective judicial protection, and victims' rights, and recommends consulting the Constitutional Chamber on the immediate substitution of technical defense. It emphasizes the importance of alternative measures for the Attorney General's Office as victim in environmental crimes, which has achieved significant monetary and environmental reparations. In essence, the bill represents a legislative setback for restorative justice.", "primary_topic_id": null, "topic_ids": [], "date": "05/08/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25132.json", "html_url": "/legal/doc/pgr-25132", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25132&strTipM=T" }, { "id": "pgr-25133", "citation": "OJ-149-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Public domain mutation for donation of Doña Ana Tourist Center", "title_es": "Mutación demanial para donación de Centro Turístico Playas de Doña Ana", "summary_en": "The Office of the Attorney General of the Republic analyzes Bill 24888, which authorizes the Costa Rican Tourism Institute to donate a property (Doña Ana Tourist Center) to the Municipality of Esparza. It clarifies that the transaction does not constitute a deaffectation but a public domain mutation, since the asset remains in the public domain and retains its tourism vocation, changing only the registered owner. It recalls that such laws are permissive and require subsequent administrative acts to take effect. Regarding the maritime-terrestrial zone, it reaffirms its public domain, inalienable, and imprescriptible character, and notes that the administration of said zone corresponds to the municipalities, in coordination with ICT, so the donation is compatible with Law 6043. It recommends adjusting the wording of Article 1 of the bill to properly reflect the figure of public domain mutation instead of deaffectation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/10/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25133.json", "html_url": "/legal/doc/pgr-25133", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25133&strTipM=T" }, { "id": "pgr-25142", "citation": "C-205-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "CTAMS and the fiscal rule — C-205-2025", "title_es": "CTAMS y la regla fiscal — C-205-2025", "summary_en": "The Attorney General's Office analyzes whether the funds that the Social Protection Board (JPS) transfers to the Technical Council for Medical-Social Assistance (CTAMS) under Article 8(c) of Law No. 8718 are exempt from the fiscal rule established in Title IV of the Public Finance Strengthening Law (No. 9635). It concludes that these funds have a specific purpose (financing preventive health and mental health programs) but are neither donations nor parafiscal revenues. CTAMS, as a deconcentrated body of the Ministry of Health, is part of the Non-Financial Public Sector and is not listed among the exceptions in Article 6 of Law No. 9635, unlike the JPS. Consequently, it must comply with the fiscal rule in its budget processes. The friction between Law No. 8718 and Law No. 9635 does not constitute a normative conflict resolvable by the principle of speciality, but rather a budgetary tension inherent to fiscal discipline. However, the Ministry of Health may allocate to CTAMS the full percentage transferred by the JPS provided that the ministry's total expenditure does not exceed the fiscal rule limit and the specific purpose of the funds is respected.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "09/10/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25142.json", "html_url": "/legal/doc/pgr-25142", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25142&strTipM=T" }, { "id": "pgr-25157", "citation": "C-214-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Retroactive Application of Tax Exemptions and Condo­nation of Municipal Real Estate Tax Debts", "title_es": "Aplicación retroactiva de exoneraciones tributarias y condonación de deudas municipales por impuesto sobre bienes inmuebles", "summary_en": "The Attorney General's Office responds to three queries from the Mayor of Osa regarding the real estate tax under Law 7509. It concludes that tax exemptions operate prospectively only, unless expressly stated otherwise, and thus cannot be applied retroactively to extinguish prior debts. It notes that Article 8 of Law 7509 establishes joint liability of the current owner for previous owners' debts, without distinguishing between public or private entities, though it cautions that public entities' acquisition of indebted properties must comply with sound management principles and the Public Procurement Law. Finally, it distinguishes between exemption and condonation, indicating that condonation of principal tax debts requires an express law defining its scope, and cannot be based on a later exemption norm.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "23/10/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25157.json", "html_url": "/legal/doc/pgr-25157", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25157&strTipM=T" }, { "id": "pgr-25158", "citation": "OJ-166-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform of requirements for declaring urban coastal zones under Law 9221", "title_es": "Reforma a requisitos de declaratoria de zona urbana litoral en la Ley 9221", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on bill 24.938, which amends Article 5 of Law 9221 to eliminate the requirement for a coastal regulatory plan identifying a high urban concentration. The analysis notes that the bill's rationale relies on SETENA communications pointing out technical inconsistencies in requiring environmental fragility indices and environmental impact assessments. However, the PGR warns that the bill goes further by completely removing the coastal regulatory plan, which was designed as an environmental and technical guarantee to verify high urban concentration. The Constitutional Chamber has recognized this plan as a territorial planning instrument ensuring environmental protection. The opinion concludes by recommending that the observations be taken into account, since eliminating the requirement would remove the technical justification and the natural heritage certification, which are crucial conditions for the exceptional urban coastal zone regime.", "primary_topic_id": null, "topic_ids": [], "date": "23/10/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25158.json", "html_url": "/legal/doc/pgr-25158", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25158&strTipM=T" }, { "id": "pgr-25163", "citation": "OJ-170-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Possible constitutional flaws in bill on municipal fines and waste management", "title_es": "Posibles vicios de constitucionalidad en proyecto de ley sobre multas municipales y gestión de residuos", "summary_en": "The Attorney General's Office analyzes Bill 24.899, which seeks to add subsections on waste management to Article 84 of the Municipal Code and amend Article 85 to update fines for non-compliance with urban coexistence obligations. It concludes that the proposal presents possible constitutional flaws by violating the principles of legality, specificity, and proportionality of administrative sanctioning law, since it does not define the offenses or their classification as minor or serious, merely referring to the list of obligations in Article 84. Moreover, the addition of subsections j) and k) is redundant with the Comprehensive Waste Management Law No. 8839, which already regulates the matter and has its own sanctioning regime. The PGR recommends consulting all municipalities and the Ministry of Health and reviewing the text in light of constitutional jurisprudence.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "27/10/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25163.json", "html_url": "/legal/doc/pgr-25163", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25163&strTipM=T" }, { "id": "pgr-25169", "citation": "OJ-174-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Exploitation of low- and medium-enthalpy geothermal energy by private parties", "title_es": "Explotación de energía geotérmica de baja y media entalpía por particulares", "summary_en": "The Attorney General's Office reviews bill 24858, which aims to open exploration and exploitation of low- and medium-enthalpy geothermal resources to private parties and public entities other than ICE. It concludes that the bill is a legislative decision, but warns of the need for technical studies to justify any reduction in environmental protection, especially if it affects the State's natural heritage. It identifies gaps and risks: failure to explicitly exclude State natural heritage properties, need for legislative authorization for marine activities, lack of provisions on land-use certificates, prior aquifer analysis, regulation of environmental damages and transfers. It recommends addressing these observations to ensure constitutionality and effective environmental protection.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "27/10/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25169.json", "html_url": "/legal/doc/pgr-25169", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25169&strTipM=T" }, { "id": "pgr-25174", "citation": "OJ-178-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Climate Change Framework Bill Requires Institutional and Sanctioning Precision", "title_es": "Proyecto de ley marco de cambio climático requiere precisiones institucionales y sancionatorias", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill No. 24588 'Climate Change Framework Act'. While acknowledging the importance of a climate legal instrument, it identifies numerous technical deficiencies that must be corrected to ensure applicability. It states that the law's purpose cannot be to 'guarantee a stable climate' but to adopt climate action and adaptation measures. It warns about the need to clearly define the subjective scope of application, differentiate the functions of the newly created bodies (Interministerial Commission, Climate Change Directorate, Technical Committee, Scientific Council), and specify their legal nature and administrative structure. It questions the feasibility of granting maximum deconcentration to the Climate Change Directorate and the lack of definition of offenses and penalties in the proposed sanctioning regime, rendering it inapplicable due to violation of the principle of legality. It recommends reviewing public participation, strict liability of large emitters, and the incorporation of technical criteria from SETENA and the National Emergency Commission.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "03/11/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25174.json", "html_url": "/legal/doc/pgr-25174", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25174&strTipM=T" }, { "id": "pgr-25180", "citation": "OJ-177-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Direct procurement authority for School Boards from local producers", "title_es": "Facultad de aprovisionamiento directo de Juntas de Educación a productores locales", "summary_en": "This legal opinion from the Attorney General's Office analyzes bill 24.397, which seeks to authorize the Ministry of Public Education's School Boards to directly procure supplies from local micro, small, and medium agricultural producers in their canton, eliminating the obligation to purchase exclusively through the National Production Council (CNP). The PGR points out that Article 9 of Law 2035 currently establishes the CNP's institutional supply service as an administrative function requiring public entities to acquire generic supplies from it. The proposed reform would modify that scheme, allowing School Boards to choose between the CNP and direct purchase from local producers based on criteria of suitability and convenience, subject to the Public Procurement Law. The PGR concludes that the decision is at the legislature's discretion, without substantive legal objections, but warns of management deficiencies in both the CNP and the School Boards themselves, recommending that comprehensive solutions be considered.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/11/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25180.json", "html_url": "/legal/doc/pgr-25180", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25180&strTipM=T" }, { "id": "pgr-25183", "citation": "C-220-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Effects of the municipal visa on declaring a public road", "title_es": "Efectos del visado municipal en la declaratoria de camino público", "summary_en": "The Attorney General's Office analyzes whether a municipal visa on cadastral plans that show a road as public compels the municipality to recognize it as such or creates vested rights for adjacent landowners. It concludes that the visa alone does not constitute a declaration of public road nor obligates the municipality to declare it if the legal requirements for its existence (cession, expropriation, dedication to public use, etc.) are not met. However, it acknowledges that issuing a visa that erroneously certifies a road as public may cause harm to individuals and trigger administrative liability, allowing affected parties to seek redress through administrative or judicial channels, including the possibility of suing the municipality for damages.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "03/11/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25183.json", "html_url": "/legal/doc/pgr-25183", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25183&strTipM=T" }, { "id": "pgr-25193", "citation": "OJ-185-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on the Sustainable Construction Bill", "title_es": "Opinión sobre el proyecto de ley de construcciones sostenibles", "summary_en": "The Attorney General's Office issues a non-binding opinion on Bill No. 25040 “Sustainable Construction Law.” It finds the initiative consistent with climate commitments and the right to a healthy environment but recommends adjustments to avoid inaccuracies. It suggests refining definitions, clarifying the roles of involved institutions, establishing sanctions for non‑compliance with the conditions that granted the incentives, and determining whether the prioritization of sustainable public works is optional or mandatory. Regarding the tax incentive in Article 8(c), it warns that municipalities may not set a 0% construction tax rate, as that would amount to a tax exemption in violation of the principle of legal reserve; the permissible range is 0.01% to 1%. Urban‑planning incentives must rest on objective technical criteria.", "primary_topic_id": null, "topic_ids": [], "date": "18/11/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25193.json", "html_url": "/legal/doc/pgr-25193", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25193&strTipM=T" }, { "id": "pgr-25194", "citation": "OJ-187-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Bill on allocation of Moín concession fines for Limón development", "title_es": "Proyecto de ley sobre destino de multas de la concesión de Moín para desarrollo de Limón", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on the bill to allocate fines imposed on the concessionaire of the Moín Container Terminal to road, educational, and sports infrastructure projects in Limón, instead of channeling them into the National Concessions Fund. The opinion concludes that approval of the bill is a legislative decision, but recommends evaluating the observations made, including the need to consider the views of JAPDEVA, the National Concessions Council, and MOPT, as well as contractual implications and the Efficient Public Sector Liquidity Management Law. It does not address direct environmental issues, focusing on budgetary, administrative, and financial legality aspects.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "18/11/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25194.json", "html_url": "/legal/doc/pgr-25194", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25194&strTipM=T" }, { "id": "pgr-25195", "citation": "OJ-188-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Opinion on authorizing Fire Department intervention in protected wild areas", "title_es": "Opinión sobre autorización al Cuerpo de Bomberos para atender incendios en áreas silvestres protegidas", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill 24325, which would amend Article 35 of the Forestry Law to authorize the Fire Department to intervene immediately in fires within protected wild areas. It notes that approval is a legislative decision but recommends assessing the actual need for the amendment. It emphasizes that, according to the National System of Conservation Areas (SINAC), no legal impediment currently prevents firefighters from acting as first responders, and coordination occurs through the Incident Command System. It finds that legislators should first verify if there is practical miscoordination justifying the change and, if necessary, the reform should also cover State natural heritage lands, not just protected wild areas.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "18/11/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25195.json", "html_url": "/legal/doc/pgr-25195", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25195&strTipM=T" }, { "id": "pgr-25198", "citation": "OJ-204-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Condominium property reform — water self-supply via external wells", "title_es": "Reforma a propiedad en condominio — autoabastecimiento de agua con pozos externos", "summary_en": "The Costa Rican Office of the Attorney General reviewed draft bill 24.885, which seeks to amend the Condominium Property Regulatory Law (Law 7933). The legal opinion concludes that, although constitutionally unobjectionable, the proposed Article 10 bis contains a conceptual contradiction by authorizing \"self-supply\" or \"self-consumption\" of water through wells located outside the condominium property. The PGR notes that self-supply and self-consumption imply using one's own means without resorting to third parties. It therefore recommends deleting the phrase \"under the self-consumption modality\" to avoid inconsistency, thus allowing condominiums to tap water resources from external sources, following the required permits and concessions, without distorting those concepts. The opinion highlights that existing regulations already govern condominium self-supply and require wells to be within the internal common area.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "24/11/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25198.json", "html_url": "/legal/doc/pgr-25198", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25198&strTipM=T" }, { "id": "pgr-25206", "citation": "OJ-199-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Transformation of IMAS into the Institute for Human Development and Social Inclusion (IDHIS) — Constitutionality and Observations", "title_es": "Transformación del IMAS en el Instituto de Desarrollo Humano e Inclusión Social (IDHIS) — Constitucionalidad y observaciones", "summary_en": "The Attorney General's Office analyzes the bill to transform IMAS into IDHIS, aiming to unify institutional efforts and financial resources in the fight against extreme poverty, poverty and economic vulnerability. The initiative proposes integrating CONAPAM, CONAPDIS and PANACI, transferring the administration of FODESAF and JPS profits, and creating a corporation for commercial activities. The PGR finds that, in general, the bill does not present constitutional issues, provided that the current coverage of social services is not reduced, the affected resources are not diverted, and the principle of progressivity is respected. The serious omission of not including a reform to the JUDESUR Law due to the transfer of profits from the Golfito Free Depot is noted. It recommends addressing legislative technique issues, coordinating with the National Development Plan, incorporating environmental and technological variables, and guaranteeing the labor rights of IMAS employees.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/11/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25206.json", "html_url": "/legal/doc/pgr-25206", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25206&strTipM=T" }, { "id": "pgr-25208", "citation": "OJ-206-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform to the Farmers' Market Regulation Law raises no constitutional issues", "title_es": "Reforma a la Ley de Regulación de las Ferias del Agricultor no presenta vicios de inconstitucionalidad", "summary_en": "The Office of the Attorney General analyzes bill 24.542, which amends Law 8533 regulating farmers' markets. The bill aims to strengthen the institutional framework of the National Farmers' Market Program (PNFA) by correcting structural deficiencies in the National Farmers' Market Board (JNFA) and regional committees. It proposes giving the National Production Council (CNP) voice and vote in both bodies, establishing incompatibilities to avoid conflicts of interest, limiting re-election to a single term with mandatory breaks, requiring periodic financial reports to the CNP, and enabling external audits. The PGR concludes the bill falls within the legislator's discretion and raises no constitutional issues, because the entities involved, though private law bodies, are declared of public interest and manage public-purpose resources, making greater controls and transparency legitimate. Legislative drafting adjustments are recommended to avoid ambiguities in parity clauses and to clarify accountability responsibilities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/11/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25208.json", "html_url": "/legal/doc/pgr-25208", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25208&strTipM=T" }, { "id": "pgr-25209", "citation": "OJ-200-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Reform to corporate tax eliminates automatic dissolution of delinquent companies", "title_es": "Reforma al impuesto a personas jurídicas elimina disolución automática de sociedades morosas", "summary_en": "The Attorney General’s Office analyzes bill 24.996, which amends the Corporate Tax Law (9428). The bill replaces the current sanction of dissolution and registration cancellation of a company for three consecutive periods of delinquency with a legal immobilization measure by operation of law, which suspends operational capacity but does not extinguish legal personality. It also changes the absolute rejection of documents by the registry to a curable defect that suspends registration, thereby protecting registral priority and public faith. A transitional provision is added to allow the re-registration of dissolved but un-liquidated companies that are current on their tax payments. The PGR concludes that the bill is constitutionally viable and aligns with the principles of legal certainty, proportionality, and the preventive registry system, correcting severe distortions such as lack of protection for bona fide third parties and the risk of fraudulent use by organized crime.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/11/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25209.json", "html_url": "/legal/doc/pgr-25209", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25209&strTipM=T" }, { "id": "pgr-25215", "citation": "C-195-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on actions of the Environmental Administrative Tribunal", "title_es": "Inadmisibilidad de consulta sobre actuaciones del Tribunal Ambiental Administrativo", "summary_en": "The consultation submitted by a deputy requested a legal opinion on the delay in appointing a proprietary judge and his substitutes to the Environmental Administrative Tribunal (TAA), the duration of the appointment, and the transfer of positions. The Attorney General's Office (PGR) finds the consultation inadmissible for two main reasons: first, it concerns a specific case, which entails reviewing administrative acts already adopted, a function beyond the PGR's advisory competence; second, it fails to meet the admissibility requirements established in its Organic Law, as consultations must address generic legal issues rather than particular situations. The PGR reiterates its role as an advisory body and emphasizes that it is not its role to analyze specific administrative actions or recommend administrative, sanctioning, or complaint measures.", "primary_topic_id": null, "topic_ids": [ "procedural-environmental", "_off-topic" ], "date": "22/09/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25215.json", "html_url": "/legal/doc/pgr-25215", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25215&strTipM=T" }, { "id": "pgr-25221", "citation": "OJ-125-2019", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Donation of land in Puntarenas to the Fire Department", "title_es": "Donación de terreno en Puntarenas al Cuerpo de Bomberos", "summary_en": "The Attorney General's Office issues a legal opinion on Bill 20.895, which authorizes the Municipality of Puntarenas to donate a piece of land to the Benemérito Cuerpo de Bomberos de Costa Rica for building a fire station and naval unit. The opinion analyzes the nature of the property, originally part of public domain acquired by accretion in the Puntarenas Estuary under Law 4071 and its interpretation in Law 4155, determining that the municipality acts as administrator, not owner, of lands gained from accretion, as these belong to the State. It concludes that the transfer requires a legal norm authorizing the donation and the corresponding decommissioning of the property, while maintaining its public purpose. The bill raises no constitutional issues, but approval rests solely with the Legislative Branch.", "primary_topic_id": null, "topic_ids": [], "date": "17/10/2019", "year": "2019", "json_url": "/data/legal/docs/pgr-25221.json", "html_url": "/legal/doc/pgr-25221", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25221&strTipM=T" }, { "id": "pgr-25228", "citation": "OJ-209-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Promotion of Women's Labor Participation in Public Bus Transport", "title_es": "Fomento de la participación laboral de mujeres en el transporte público modalidad autobús", "summary_en": "The Office of the Attorney General issues a non-binding opinion on the substitute text of Bill 24.762, aimed at promoting women's employment as bus drivers. The opinion finds the gender equity goal commendable and acknowledges the urgent shortage of drivers, but warns that exempting only women from the three-year prior driving experience requirement (B or C-1 license) for a C-2 license could constitute indirect discrimination against men. It also points out jurisdictional inconsistencies by assigning to the Road Safety Council (COSEVI) functions belonging to the Directorate General of Road Education, such as approval of training programs and temporary learner permits. It recommends correcting the Penal Code article 254 bis numbering and evaluating technical observations from the Legislative Assembly's Research Department on road safety risks of waiving experience. It suggests including the Directorate of Road Education in the design of guidelines and gathering input from the institutions involved.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/12/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25228.json", "html_url": "/legal/doc/pgr-25228", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25228&strTipM=T" }, { "id": "pgr-25229", "citation": "OJ-213-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Impartiality in the appointment of EIA consultants under Bill 25073", "title_es": "Imparcialidad en la designación de consultores para EIA según proyecto de ley 25073", "summary_en": "The Attorney General's Office issues a non-binding legal opinion on Bill No. 25073, which seeks to amend Article 18 of the Environmental Organic Law to guarantee impartiality in environmental impact assessments (EIA). The bill proposes changing the system for appointing environmental consultants, who are currently hired directly by developers from a list of professionals registered with SETENA, to a system similar to the Judicial Branch's appointment of experts. The PGR points out that the bill's explanatory memorandum is based on an error: consultants are not 'hand-picked' by SETENA but hired by the developers. The opinion recommends evaluating the necessity and advisability of the reform, requesting SETENA's technical opinion on the practical feasibility of the new system, and considering how interdisciplinary teams would be assigned and fees set. It also suggests analyzing whether the transparency and quality problems in EIAs, documented by the Comptroller General in a recent report, are truly resolved by changing the consultant appointment system or stem from other institutional deficiencies in information verification and inspections.", "primary_topic_id": "environmental-law-7554", "topic_ids": [ "environmental-law-7554" ], "date": "08/12/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25229.json", "html_url": "/legal/doc/pgr-25229", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25229&strTipM=T" }, { "id": "pgr-25231", "citation": "OJ-210-2025", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "IVA refund for natural disaster victims", "title_es": "Devolución del IVA a damnificados por desastres naturales", "summary_en": "The Attorney General's Office analyzes the substitute text of Bill No. 24.704, which proposes amending Article 11 bis of the IVA Law to include VAT refunds for households in poverty affected by natural disasters. The reform would add subparagraphs d) and e) to paragraph 1, allowing VAT refunds for construction materials (up to 24 base salaries) and white goods (up to 2 base salaries), one time per event. The Office concludes that the text does not present constitutional vices and that approval of this tax benefit falls within the legislature's discretion, though it recommends seeking technical advice from the Ministry of Finance on the fiscal impact and improving the wording of certain articles for clarity in verification requirements.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/12/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25231.json", "html_url": "/legal/doc/pgr-25231", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25231&strTipM=T" }, { "id": "pgr-25254", "citation": "C-245-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Consultation on commercial piers in the Maritime Zone declared inadmissible", "title_es": "Inadmisibilidad de consulta sobre muelles comerciales en la Zona Marítimo Terrestre", "summary_en": "The Office of the Attorney General declares inadmissible the consultation submitted by the Lepanto District Municipal Council regarding three questions: the competent authority to authorize use of a pier-type structure on the sea for commercial activities such as a restaurant, whether the Municipal Council must refrain from issuing the business license if the use lacks authorization from the competent entity over the public domain property, and whether the Municipal Council or a sectoral entity is responsible for such authorization. The inadmissibility is based on the fact that, although the questions were phrased abstractly, documentation regarding a specific case (a cooperative's license application) was provided, so that answering would involve issuing an opinion on a concrete factual situation, which exceeds the Office's advisory powers. Additionally, it fails to meet the requisite of including a detailed legal analysis from the institution’s own legal counsel on all the points raised. The Office suggests taking into account previous opinions on the Maritime Zone Law, though it does not address the merits.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/12/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25254.json", "html_url": "/legal/doc/pgr-25254", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25254&strTipM=T" }, { "id": "pgr-25256", "citation": "C-241-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Recording sessions of TSE internal institutional committees", "title_es": "Grabación de sesiones de las comisiones institucionales internas del TSE", "summary_en": "The Attorney General’s Office analyzes whether the internal institutional committees of the Supreme Electoral Tribunal (TSE) are required to record their sessions in audio and video under Articles 50 and 56 of the General Public Administration Law (LGAP). It concludes that these provisions apply only to collegiate bodies performing administrative functions and expressing the will of the Administration through acts with intersubjective legal effects. If the TSE’s internal committees are mere multi-person administrative units without decision-making power or permanent functions, they are not obliged to follow LGAP collegiality rules. However, if a committee meets the criteria of an administrative collegiate body, it must fully record its sessions and maintain digital backup, regardless of whether it prepares agreements for decision-making bodies. The opinion also distinguishes sessions on electoral matters, governed by the Electoral Code, which are not subject to these formalities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/12/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25256.json", "html_url": "/legal/doc/pgr-25256", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25256&strTipM=T" }, { "id": "pgr-25259", "citation": "OJ-006-2026", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Mandatory civil liability vehicle insurance project for third-party property damage", "title_es": "Proyecto de seguro obligatorio de responsabilidad civil vehicular contra daños a propiedad de terceros", "summary_en": "The Attorney General's Office reviews bill 24.982, which proposes reforming Laws 9078 and 8956 to create a mandatory civil liability insurance for third-party property damage in traffic accidents. While noting drafting deficiencies, it finds no constitutional issues, recommends formal adjustments, and clarifies that approval rests solely with the legislature.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "06/01/2026", "year": "2026", "json_url": "/data/legal/docs/pgr-25259.json", "html_url": "/legal/doc/pgr-25259", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25259&strTipM=T" }, { "id": "pgr-25262", "citation": "C-232-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Coffee processing firms' obligation to withhold and immediately transfer loan payments", "title_es": "Obligación de retención y transferencia inmediata por firmas beneficiadoras de café", "summary_en": "The Attorney General's Office answers a query from FONASCAFÉ regarding whether coffee processing firms have the authority to decide when to withhold payments from coffee growers to recover loans granted under the trust to support farmers affected by coffee rust. It concludes that Article 83 bis of Law 2762 obligates processing firms to make withholdings on any advance or settlement, without exception, and to transfer the amounts immediately to the creditor. The law grants no discretion to processors to decide when to withhold, as that would frustrate FONASCAFÉ's financing and sustainability goals. Moreover, failure to transfer the withheld funds constitutes the crime of unlawful retention under Article 223 of the Penal Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "08/12/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25262.json", "html_url": "/legal/doc/pgr-25262", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25262&strTipM=T" }, { "id": "pgr-25263", "citation": "C-246-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on public procurement bill", "title_es": "Inadmisibilidad de consulta sobre proyecto de ley de contratación pública", "summary_en": "The Attorney General's Office declares inadmissible the consultation made by the Legislative Assembly regarding Bill No. 24.467, called “Jaguar Law to Promote the Development of Costa Rica.” The opinion states that the bill deals with matters constitutionally and legally reserved for the Comptroller General's Office, particularly the public procurement regime and the supreme oversight of public funds. Since Article 5 of the Organic Law of the Attorney General's Office prohibits it from ruling on matters within the jurisdiction of other administrative bodies, and the Comptroller has already addressed the bill, the Attorney General's Office refrains from issuing a criterion. It notes that the Constitutional Chamber, via an advisory opinion, declared Articles 4 and 5 of the bill unconstitutional. The Office recalls that its advice to lawmakers is non-binding and that in this case the consultation exceeds its powers.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/12/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25263.json", "html_url": "/legal/doc/pgr-25263", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25263&strTipM=T" }, { "id": "pgr-25267", "citation": "OJ-007-2026", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "PGR opinion on the FONARROZ bill", "title_es": "Criterio de la PGR sobre el proyecto de ley FONARROZ", "summary_en": "The Costa Rican Attorney General's Office (PGR) examines bill 24.211 creating the Rice Competitiveness and Aid Fund (FONARROZ), a permanent financial support mechanism for the rice sector. The opinion analyzes its compatibility with the constitutional block and international commitments, especially CAFTA-DR and WTO rules. It concludes that the bill raises serious constitutional and drafting issues, notably regarding the reasonableness and proportionality of proposed levies and benefits, consistency in the use of public funds, and alignment with international trade obligations. It warns about the risk of reintroducing charges incompatible with tariff elimination schedules, the lack of technical studies justifying subsidies and taxes, and potential overlap with existing institutions like CONARROZ and the Development Banking System. The PGR recommends taking these observations into account, leaving the decision to approve solely to the Legislative Assembly.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "07/01/2026", "year": "2026", "json_url": "/data/legal/docs/pgr-25267.json", "html_url": "/legal/doc/pgr-25267", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25267&strTipM=T" }, { "id": "pgr-25274", "citation": "C-242-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Consultation on JAPDEVA Strategic Alliances Ruled Inadmissible as Public Contracting Matter", "title_es": "Inadmisibilidad de consulta sobre alianzas estratégicas de JAPDEVA por ser materia de contratación pública", "summary_en": "The Attorney General's Office rules inadmissible the consultation from the Special Committee of Limón regarding Bill 24.259, which sought to reform Article 5 bis of the JAPDEVA Organic Law to promote strategic alliances in infrastructure. The PGR argues that the consultation concerns public contracting, a matter of exclusive and preeminent competence of the Comptroller General's Office, per Article 5 of its Organic Law and Article 184 of the Constitution. It cites administrative jurisprudence prohibiting the PGR from issuing opinions, even non-binding, on matters reserved to other bodies. It notes that the Comptroller's Office has already ruled on the limits of strategic alliances in rulings DFOE-DEC-2218 and DFOE-DEC-2717. Additionally, the Constitutional Chamber in ruling 28774-2024 declared a similar reform unconstitutional for violating Article 182 of the Constitution by allowing alliances for public works without public bidding.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/11/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25274.json", "html_url": "/legal/doc/pgr-25274", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25274&strTipM=T" }, { "id": "pgr-25288", "citation": "C-024-2026", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadmissibility of consultation on global salary, position manuals, and prohibition payment in municipalities", "title_es": "Inadmisibilidad de consulta sobre salario global, manual de puestos y pago de prohibición municipal", "summary_en": "The Attorney General's Office declares the consultation by the Mayor of Acosta inadmissible for failing to meet the admissibility requirements of its Organic Law. The questions lacked clarity and precision, mixed different legal topics, involved concrete situations pending administrative resolution, and the legal opinion provided was not prepared specifically for this consultation but rather to address queries from the Human Resources Department, lacking the required depth. However, in a collaborative spirit, the PGR issues general guidance on three subjects: the implementation of the global salary under the Public Employment Framework Law, the preparation and binding nature of municipal job description manuals, and the requirements for paying economic compensation for the prohibition on liberal professional practice to municipal tax administration officials. Regarding the global salary, it notes that all new hires after March 10, 2023 must be under this scheme and that the municipality should have applied a transitional global salary column. On manuals, it reiterates their binding character and the prohibition on creating unlisted positions. As for the prohibition under Article 118 of the Tax Code, it explains that payment applies only to officials whose duties are directly, habitually, and permanently linked to tax management and oversight, requiring the municipality to verify functional, academic, and professional requirements on a case-by-case basis and to apply the correct percentage depending on the hire date and employment continuity relative to the enactment of Law 9635.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/01/2026", "year": "2026", "json_url": "/data/legal/docs/pgr-25288.json", "html_url": "/legal/doc/pgr-25288", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25288&strTipM=T" }, { "id": "pgr-25297", "citation": "C-027-2026", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Implied repeal of municipal circulation tax by vehicle property tax", "title_es": "Derogación tácita del impuesto al ruedo municipal por el impuesto a la propiedad de vehículos", "summary_en": "The Attorney General's Office analyzes whether the municipal circulation tax, created by Article 3 of Law No. 6909, was implicitly repealed by the vehicle property tax established in Article 9 of Law No. 7088, whose subsection ñ) repeals all provisions contrary to the latter tax. The opinion concludes that no implied repeal occurred because the two taxes are of a different nature: one is a fixed sum with a specific purpose, the other is ad valorem based on the vehicle's fiscal value. Consequently, both taxes remain in force and are part of the components of the circulation fee. The consultation regarding the budgeting of the municipal tax revenues is deemed inadmissible as it falls under the exclusive competence of the Comptroller General's Office, which has already issued a criterion on the matter.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/02/2026", "year": "2026", "json_url": "/data/legal/docs/pgr-25297.json", "html_url": "/legal/doc/pgr-25297", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25297&strTipM=T" }, { "id": "pgr-25332", "citation": "C-047-2026", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal Authority in Tivives Protected Zone after Management Plan", "title_es": "Competencia municipal en Zona Protectora Tivives tras Plan de Manejo", "summary_en": "The Office of the Attorney General partially reconsiders opinion C-346-2015 regarding the powers of the Municipality of Esparza within the Tivives Protected Zone. It analyzes whether the issuance of the General Management Plan (PGM) enables the local government to grant construction permits and business licenses in areas designated for human occupation. It concludes that the PGM does not modify the prior criterion: lands remain subject to the restrictions of the protected wild area, and prior approval from SINAC is required for any construction or lucrative activity. However, on its own motion, it reconsiders two points: privately owned lands voluntarily submitted to the protection regime are not part of the State's natural heritage, but private property subject to constraints, where the municipality may exercise its powers with SINAC's approval; and in public areas where SINAC grants use permits or concessions, the municipality may also authorize constructions and lucrative activities, respecting SINAC's scope of authority.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "02/03/2026", "year": "2026", "json_url": "/data/legal/docs/pgr-25332.json", "html_url": "/legal/doc/pgr-25332", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25332&strTipM=T" }, { "id": "pgr-25333", "citation": "C-049-2026", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal obligation to protect private property from riverbank erosion", "title_es": "Obligación municipal de proteger inmuebles privados ante erosión de cauces", "summary_en": "The Attorney General’s Office analyzes whether municipalities are legally obligated to build protection works against erosion in watercourses affecting private properties, and whether bordering landowners have exclusive responsibility for executing such works. It concludes that private owners may, with prior authorization, carry out works in watercourses or their protection areas to defend their properties, pursuant to Article 89 of the Water Law, Article 33 bis of the Forestry Law, and Executive Decree 44410. However, protection against these risks is not the sole responsibility of property owners: both the State and local governments are obliged to prevent disasters and protect the life, physical integrity, and property of individuals under the National Emergency Law. Municipalities must allocate a portion of their surplus to risk management and may need to execute works in watercourses. The Constitutional Chamber has ordered municipalities to act against flooding and landslide risks, including coordination with other institutions such as the CNE and MOPT. Questions on funding sources are inadmissible as they fall under the Comptroller General’s purview.", "primary_topic_id": null, "topic_ids": [], "date": "02/03/2026", "year": "2026", "json_url": "/data/legal/docs/pgr-25333.json", "html_url": "/legal/doc/pgr-25333", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25333&strTipM=T" }, { "id": "pgr-25341", "citation": "C-248-2025", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Donation of private land for municipal public streets", "title_es": "Donación de terreno privado para calles públicas municipales", "summary_en": "The PGR examines whether a municipality can open or declare a public street on private land at the owner’s request, and the requirements and procedures municipalities must follow. It concludes that a municipality may accept a donation of private land to establish a public street, but is not obligated to do so; acceptance must serve a public purpose and be technically justified in accordance with the Cantonal Road Network Protocol. It also clarifies that urban planning cession (cesión urbanística) only applies within a duly approved subdivision or urbanization project, so accepting a cession without a municipal visa or starting a development process based on a property donation is irregular. The PGR stresses that urban control requires planning and that a donor’s liberality does not replace the municipality’s land-use planning powers.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "17/12/2025", "year": "2025", "json_url": "/data/legal/docs/pgr-25341.json", "html_url": "/legal/doc/pgr-25341", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=25341&strTipM=T" }, { "id": "pgr-2623", "citation": "C-062-1994", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Municipal jurisdiction versus the INVU Construction Regulation", "title_es": "Competencia municipal frente al Reglamento de Construcciones del INVU", "summary_en": "The Attorney General analyzes the legality of the INVU Construction Regulation and its 1993 amendment, at the request of the Municipality of Goicoechea. It determines that urban planning and regulation are primarily municipal powers, with INVU acting only on a subsidiary basis when a canton lacks its own regulations. It concludes that the INVU Regulation improperly presents itself as an executive decree supplementing the Urban Planning Law, a power reserved exclusively to the Executive Branch, and is therefore likely void. The amendment also encroaches on municipal authority to issue licenses, although municipalities must respect zoning and use certificates, especially for INVU properties under Transitory III. The PGR does not declare unconstitutionality but indicates routes to address the irregularity: modification by INVU, a constitutionality claim before the Constitutional Chamber, or interpretative compliance by municipalities.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "25/04/1994", "year": "1994", "json_url": "/data/legal/docs/pgr-2623.json", "html_url": "/legal/doc/pgr-2623", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=2623&strTipM=T" }, { "id": "pgr-2651", "citation": "C-038-1997", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Definition of island, maritime island, and territorial sea; island concession regime", "title_es": "Definición de isla, isla marítima y mar territorial; régimen de concesiones insulares", "summary_en": "The Attorney General's Office clarifies the concepts of 'island', 'maritime island', and 'territorial sea' at the request of the National Geographic Institute. It defines an island as a landmass entirely surrounded by water, specifying that temporary variations in water level do not alter this status. For maritime islands, it adopts the criterion of Article 121 of the United Nations Convention on the Law of the Sea (Law No. 7291), which considers an island any naturally formed area of land surrounded by water that remains above water at high tide. Regarding the territorial sea, it states that it extends up to twelve nautical miles from the low-water line, in accordance with Article 6 of the Political Constitution and the aforementioned Convention. Finally, it discusses the application of these concepts to the Maritime Zone Law (No. 6043) and concludes that only islands located offshore from the low-water line require legislative approval for concessions, not those situated inland or forming part of the coastline.", "primary_topic_id": null, "topic_ids": [], "date": "12/03/1997", "year": "1997", "json_url": "/data/legal/docs/pgr-2651.json", "html_url": "/legal/doc/pgr-2651", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=2651&strTipM=T" }, { "id": "pgr-2967", "citation": "C-144-1997", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Reconsideration of residence by reforestation investment and Forest Law", "title_es": "Reconsideración sobre residencia por inversión en reforestación y ley forestal", "summary_en": "The Attorney General's Office ratifies Opinion C-035-97 and rejects the request for reconsideration. It determines that the mere investment of $50,000 in reforestation before the entry into force of the Forestry Law does not create an acquired right or a consolidated legal situation to obtain residence as an investor. For legal protection to arise, the foreigner must have formally filed the application with the Directorate General of Immigration before the new law came into effect. Those who only invested without filing are merely 'possible candidates' and must adjust to the new $100,000 amount required by the Forestry Law. The concepts of acquired right, consolidated legal situation, non-retroactivity, and ultra-activity of norms are analyzed, concluding that the investment is merely one additional substantive requirement and does not automatically bind the Administration to grant migratory status.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/08/1997", "year": "1997", "json_url": "/data/legal/docs/pgr-2967.json", "html_url": "/legal/doc/pgr-2967", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=2967&strTipM=T" }, { "id": "pgr-3171", "citation": "C-102-1993", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Rights of occupation and possession in the maritime-terrestrial zone", "title_es": "Derechos de ocupación y posesión en zona marítimo terrestre", "summary_en": "The Attorney General's Office addresses two questions from the Municipal Council of Nandayure: whether those who occupied maritime-terrestrial zone areas after Law No. 6043 acquired possession rights without municipal authorization, and whether expropriation is possible for constructions and improvements made before that law. It concludes that the maritime-terrestrial zone is inalienable and imprescriptible as State property. No possessory or property rights arise from mere occupation or the passage of time, especially without permits; such possession is always unlawful and gives no right to claim for works carried out illegally. Rights prior to Law No. 6043 are not consolidated unless legally recognized; otherwise, occupation remains precarious and criminal. Expropriation and compensation for improvements are only admissible when a legitimate property title exists. The opinion also reminds the Municipality of its duty to defend these public-domain areas through legal actions and criminal complaints.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "04/08/1993", "year": "1993", "json_url": "/data/legal/docs/pgr-3171.json", "html_url": "/legal/doc/pgr-3171", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=3171&strTipM=T" }, { "id": "pgr-3397", "citation": "C-176-1997", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Constitutionality of Los Santos Forest Reserve and property tax exemption", "title_es": "Constitucionalidad de la Reserva Forestal Los Santos y exención del impuesto sobre bienes inmuebles", "summary_en": "The Attorney General's Office addresses two inquiries from the Municipality of Dota. First, regarding the constitutionality of Decree 5389-A that created the Los Santos Forest Reserve, it states that it is not the competent body for such review but reviews Constitutional Chamber jurisprudence that has upheld these reserves as reasonable and proportionate limitations on property rights, without nullifying them, since owners retain ownership and can economically exploit the land under management plans. Second, concerning Article 4(b) of the Property Tax Law, it concludes that properties located within the reserve are fully exempt from the tax, without applying the exemption only to forested or unexploited portions, as the norm does not differentiate. Additionally, it advises the municipality on alternative revenue sources and clarifies that the Santa María-Copey road has no legal impediment provided it meets environmental requirements, per Article 19 of the Forestry Law.", "primary_topic_id": null, "topic_ids": [], "date": "19/09/1997", "year": "1997", "json_url": "/data/legal/docs/pgr-3397.json", "html_url": "/legal/doc/pgr-3397", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=3397&strTipM=T" }, { "id": "pgr-3655", "citation": "C-194-1994", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legality of freight condition based on vehicle model in fuel transport", "title_es": "Legalidad de la condición de flete según modelo de vehículo en el transporte de combustibles", "summary_en": "The Attorney General's Office rejects as inadmissible the query submitted by the National Electricity Service (S.N.E.) regarding the legality of a resolution conditioning fuel transport freight rates to vehicles of model year 1978 onward. The S.N.E. had issued this resolution for safety and fleet renewal purposes, but the Association of Petroleum Derivatives Transporters (ASOTRANS) contested it, alleging unlawful discrimination. The S.N.E.'s Legal Services Office recommended partially upholding the appeal, prompting the consultation. The Attorney General concludes it cannot rule on the merits, as the matter involves a specific pending administrative decision, and its advisory role is confined to abstract legal analysis, without replacing the active administration in its decision-making.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "15/12/1994", "year": "1994", "json_url": "/data/legal/docs/pgr-3655.json", "html_url": "/legal/doc/pgr-3655", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=3655&strTipM=T" }, { "id": "pgr-3711", "citation": "C-100-1995", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of use permits in the maritime-terrestrial zone", "title_es": "Alcances del permiso de uso en la zona marítimo terrestre", "summary_en": "The PGR analyzes whether a use permit can be applied to the maritime-terrestrial zone, a public domain asset. It concludes that it is possible, but only on an exceptional and precarious basis: solely for simple acts that do not affect natural conditions or free transit on the public zone, and whose exercise does not hinder future implementation of a regulatory plan. All buildings with permanent adherence to the land are excluded. A permit does not substitute a concession and is subject to unilateral revocation without compensation. The PGR recommends rejecting the consulted regulation and, to avoid uncertainty, urges municipalities to implement coastal regulatory plans and operate under the concession regime. It states that Articles 15, 16 and 20 of the Regulation to Law 6043 contradict the law and should be repealed.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "10/05/1995", "year": "1995", "json_url": "/data/legal/docs/pgr-3711.json", "html_url": "/legal/doc/pgr-3711", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=3711&strTipM=T" }, { "id": "pgr-395", "citation": "C-104-1993", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Prohibition on political use of community development association premises", "title_es": "Prohibiciones de uso político de locales propiedad de asociaciones de desarrollo comunal", "summary_en": "This opinion from the Attorney General's Office analyzes the scope of the legal and regulatory prohibition imposed on Community Development Associations (ADC) regarding carrying out political activities on their premises. The query arose from the rental of an ADC-owned space to the Partido Liberación Nacional. The PGR concludes that ADCs are private-law legal entities, not state bodies, and that the prohibition against holding political meetings or demonstrations in their premises applies only to those used for the association's direct operations (meetings, board offices), not to premises leased to third parties in exercise of their right to undertake lawful activities to achieve their goals, unless their own bylaws expressly forbid it. Interpretation must be restrictive because it limits the property rights of private entities.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/08/1993", "year": "1993", "json_url": "/data/legal/docs/pgr-395.json", "html_url": "/legal/doc/pgr-395", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=395&strTipM=T" }, { "id": "pgr-423", "citation": "C-200-1992", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legality of requiring surveyors to certify plans regarding the maritime-terrestrial zone", "title_es": "Legalidad de la exigencia de fe en planos sobre zona marítimo-terrestre", "summary_en": "The Board of the College of Topographical Engineers challenged the National Cadastre resolution of November 28, 1991, requiring surveyors to certify that properties in coastal districts do not affect the maritime-terrestrial zone. The opinion examines legal prohibitions on appropriating that zone, the Cadastre's duty to scrutinize plans, surveyors' technical capacity to measure the public and restricted zones from the ordinary high-tide line, and their role as public notaries. It concludes that the resolution is legally justified in its purpose, but must be limited in scope—applying only to properties adjacent to or within the maritime-terrestrial zone, not indiscriminately to all lands in coastal districts—under a principle of reasonableness and proportionality.", "primary_topic_id": null, "topic_ids": [], "date": "27/11/1992", "year": "1992", "json_url": "/data/legal/docs/pgr-423.json", "html_url": "/legal/doc/pgr-423", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=423&strTipM=T" }, { "id": "pgr-4257", "citation": "C-186-1990", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Transfer of INFOCOOP lots to State Forest Heritage in mangrove reserve", "title_es": "Traspaso de lotes de INFOCOOP al Patrimonio Forestal del Estado en reserva manglar", "summary_en": "The Attorney General’s Office responds to a consultation from the National Cooperative Promotion Institute (INFOCOOP) regarding its obligation to transfer, free of charge, twenty lots located within the Mangrove Forest Reserve of Boca Vieja, Quepos, to the State Forest Heritage. After analyzing applicable legislation —particularly the Forestry Law and its amendments— the opinion concludes that since the Forestry Directorate classified the lots as having forest aptitude due to their location in a mangrove reserve, they became part of the State Forest Heritage automatically by operation of law. Consequently, INFOCOOP must formalize the gratuitous transfer. The opinion underscores that mangroves are public domain because of their connection to estuaries, and that autonomous entities may not dispose of rural lands without prior forest classification.", "primary_topic_id": null, "topic_ids": [], "date": "06/11/1990", "year": "1990", "json_url": "/data/legal/docs/pgr-4257.json", "html_url": "/legal/doc/pgr-4257", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=4257&strTipM=T" }, { "id": "pgr-5029", "citation": "C-149-1992", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Protection of acquired rights against repeal of tourism incentives", "title_es": "Protección de derechos adquiridos frente a la derogatoria de incentivos turísticos", "summary_en": "This opinion examines the effects of the Law Regulating All Current Exemptions (No. 7293) on benefits under the Tourism Development Incentives Law (No. 6990). It concludes that companies which signed a tourism contract or submitted a complete application before Law 7293 took effect are protected by the non-retroactivity principle of Article 34 of the Constitution, as they hold subjective rights or at least a legitimate interest. The new law only affects those who had not begun the procedure or failed to meet requirements, preventing harm to consolidated legal situations. It distinguishes between subjective rights and legitimate interests, holding that both receive constitutional protection.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "10/09/1992", "year": "1992", "json_url": "/data/legal/docs/pgr-5029.json", "html_url": "/legal/doc/pgr-5029", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=5029&strTipM=T" }, { "id": "pgr-553", "citation": "C-165-1992", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Temporal application of tourism exemptions after Law 7293", "title_es": "Aplicación temporal de exoneraciones turísticas tras la Ley 7293", "summary_en": "Opinion C-165-92 partially reconsiders opinion C-149-92 regarding the effects of the Law Regulating Existing Exemptions (No. 7293) on tourism contracts under Law 6990. The PGR clarifies that merely filing an application for a tourism contract before Law 7293 took effect does not create an acquired right or a consolidated legal situation. Only those companies whose contract application had been approved by the Tourism Regulatory Commission before that date are entitled to have their situation consolidated under the prior law. It reaffirms that fiscal incentives are conditioned administrative acts, not true contracts, subject to the principles of legality and statutory reservation in tax matters. It also reiterates that no person holds a right to normative immutability.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "14/10/1992", "year": "1992", "json_url": "/data/legal/docs/pgr-553.json", "html_url": "/legal/doc/pgr-553", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=553&strTipM=T" }, { "id": "pgr-5763", "citation": "C-143-1983", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "IDA's authority over maritime-terrestrial zone lands from Osa Productos Forestales", "title_es": "Disponibilidad de zona marítimo terrestre por el IDA en terrenos de Osa Productos Forestales", "summary_en": "The opinion examines whether the Agrarian Development Institute (IDA) may use the restricted zone on lands formerly belonging to Osa Productos Forestales, transferred to the former ITCO and registered under its name, for building an agricultural school and recreational areas in Playa Blanca. The Attorney General's Office concludes there is no legal impediment for the IDA to use those lands, which include the maritime-terrestrial zone, as they are part of its patrimony and the law grants it administrative autonomy to allocate them to agrarian development purposes. However, it warns that the first 50 meters of the inalienable public zone must be respected and kept free for public use, in accordance with Article 25 of the Maritime-Terrestrial Zone Law, unless authorized by the municipality, ICT, or INVU.", "primary_topic_id": null, "topic_ids": [ "property-and-titling", "water-law" ], "date": "11/05/1983", "year": "1983", "json_url": "/data/legal/docs/pgr-5763.json", "html_url": "/legal/doc/pgr-5763", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=5763&strTipM=T" }, { "id": "pgr-6107", "citation": "C-085-1998", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Board Member Per Diems for FONAFIFO Not Authorized", "title_es": "Pago de dietas a directivos de FONAFIFO no autorizado", "summary_en": "The Attorney General’s Office examines whether FONAFIFO’s Board of Directors may receive per diems. It concludes that FONAFIFO is a public body with instrumental legal personality attached to the Ministry of Environment and Energy, fully subject to the principle of legality. Since no statute expressly authorizes per‑diem payments —the Forestry Law is silent— they cannot legally be granted. The existence of a trust agreement does not transform the Fund’s activity into private activity or exempt it from public‑law constraints. The PGR rejects the legal opinion of FONAFIFO’s own advisory office and denies any entitlement to per‑diem payments for its board members, noting that the position may be held on an honorary basis.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "_off-topic" ], "date": "11/05/1998", "year": "1998", "json_url": "/data/legal/docs/pgr-6107.json", "html_url": "/legal/doc/pgr-6107", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6107&strTipM=T" }, { "id": "pgr-6157", "citation": "C-001-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Absolute nullity of IDA's donation of Savegre farm to ADESOCO", "title_es": "Nulidad absoluta de donación de finca Savegre por el IDA a ADESOCO", "summary_en": "The Office of the Attorney General analyzes the resolutions of the Board of Directors of the Agrarian Development Institute (IDA) that authorized the donation of the Savegre farm, located in the Puntarenas registry, to the Central Pacific Sustainable Conservation Ecotourism Development Association (ADESOCO). It determines that these acts are vitiated by absolute, evident, and manifest nullity for multiple reasons: the IDA lacked legal authority to donate land, as its ordinary activity is land trafficking for agrarian development purposes, not donations to private parties; the property, 77% forested, is part of the State's Natural Heritage and could not be alienated without meeting the requirements of the Forestry Law (arts. 13-15) and the Administrative Procurement Law (art. 69); furthermore, a previous Constitutional Chamber ruling ordering the protection of the property's natural and archaeological resources was disregarded. It concludes that the donation diverted public power by benefiting a private entity without satisfying the specific public interest that justifies the IDA's competence. A favorable opinion is issued for the declaration of absolute nullity of the adjudication resolutions.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "06/01/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-6157.json", "html_url": "/legal/doc/pgr-6157", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6157&strTipM=T" }, { "id": "pgr-6187", "citation": "OJ-053-2000", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Cannot create ad hoc collegiate body to direct Council of Government procedures", "title_es": "Improcedencia de crear órgano colegiado ad hoc para dirigir procedimientos del Consejo de Gobierno", "summary_en": "The Attorney General's Office analyzes whether the Council of Government can create an ad hoc collegiate body, chaired by its Secretary, to direct administrative proceedings pending before it. It concludes that this is not possible, since Article 33(c) of the General Public Administration Law expressly assigns the Council's Secretary the power to direct such proceedings. This power is regulated and non-delegable, as sustained by the Office's own administrative case law in prior opinions. Any attempt to modify the composition of the directing body would distort the single-person office created by law and invalidate the proceedings. The opinion clarifies that this restriction applies only to the Council of Government because of an express rule, unlike other collegiate bodies where there may be some discretion to appoint the instructor.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "29/05/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-6187.json", "html_url": "/legal/doc/pgr-6187", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6187&strTipM=T" }, { "id": "pgr-6193", "citation": "C-119-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inability to issue opinion on appointment nullity due to procedural defects", "title_es": "Imposibilidad de dictaminar sobre nulidad de nombramiento por vicios procesales", "summary_en": "The Attorney General's Office refrains from issuing an opinion on the nullity of the permanent appointment of Mr. XXX, as requested by the Ministry of Economy, Industry and Commerce. It notes that the administrative procedure is flawed from the outset because the act sought to be annulled (agreement of the Promotions Commission applying article 11 of the Civil Service Statute Regulations) is not the true act declaring rights, but a preparatory act. Furthermore, the other acts deriving from that application were not included, despite their manifest connection. The Office invokes the principles of notice and imputation under due process and concludes that it cannot issue the opinion required by article 173 of the General Public Administration Act due to the lack of proper notice and imputation of the acts actually targeted for annulment.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/05/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-6193.json", "html_url": "/legal/doc/pgr-6193", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6193&strTipM=T" }, { "id": "pgr-6205", "citation": "C-019-1998", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Relevant powers of AyA versus ARESEP and MINAE", "title_es": "Competencias rectoras del AyA frente a la ARESEP y el MINAE", "summary_en": "The Attorney General's Office examines whether the Costa Rican Institute of Aqueducts and Sewers (AyA) has lost its governing powers over water resources and sanitation due to the enactment of laws such as the Organic Environmental Law (7554), the ARESEP Law (7593), and the Forestry Law (7575). It concludes that AyA retains exclusive authority over potable water supply, collection and disposal of sewage, industrial liquid waste, and urban stormwater, including the approval of related projects. However, certain powers have been implicitly repealed: tariff-setting and efficiency standards for the service now belong to the Regulatory Authority for Public Services (ARESEP), while overall authority over the domain, use, and conservation of water resources rests with the Ministry of Environment and Energy (MINAE). The opinion stresses that on water resource protection there is no implicit repeal, but rather concurrent powers requiring inter-institutional coordination to serve the environmental public interest.", "primary_topic_id": null, "topic_ids": [ "water-law", "environmental-law-7554" ], "date": "06/02/1998", "year": "1998", "json_url": "/data/legal/docs/pgr-6205.json", "html_url": "/legal/doc/pgr-6205", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6205&strTipM=T" }, { "id": "pgr-6219", "citation": "C-047-1998", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Setting port and cabotage tariffs: MOPT or ARESEP jurisdiction", "title_es": "Fijación de tarifas portuarias y de cabotaje: competencia de MOPT o ARESEP", "summary_en": "The Attorney General analyzes whether Law 7593 (ARESEP) transferred tariff-setting powers over port and cabotage services from the Ministry to the Regulatory Authority. It concludes that all maritime services in national ports and passenger cabotage now fall under ARESEP; the MOPT retains only freight cabotage tariffs. The opinion interprets 'maritime services' through legislative history, rejects the argument that a prior special law bars implicit repeal, and underscores the legislative intent for unified, comprehensive public-service regulation.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "19/03/1998", "year": "1998", "json_url": "/data/legal/docs/pgr-6219.json", "html_url": "/legal/doc/pgr-6219", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6219&strTipM=T" }, { "id": "pgr-6239", "citation": "C-049-1998", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Payment of improvements to settlers in the Tivives Protected Zone", "title_es": "Pago de mejoras a parceleros en la Zona Protectora Tivives", "summary_en": "The National System of Conservation Areas (SINAC) consulted on which institution is responsible for paying improvements to settlers who were granted contracts by the Agrarian Development Institute (IDA) within the Tivives Protected Zone after it was established. The Attorney General's Office determined that once the protected zone was created in 1986, IDA's lands were automatically incorporated into the State Natural Heritage, stripping IDA of authority to dispose of them. The Constitutional Chamber, in Ruling 1763-94, declared all post-1986 adjudications null. The opinion holds that IDA incurred objective liability for its illegitimate action in continuing to grant parcels and must therefore compensate the affected settlers for damages, including improvements. The Ministry of Environment and Energy bears no liability, as its actions were in compliance with environmental protection laws. The opinion also discusses the possibility of relocating settlers as complementary but not substitutive redress.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "20/03/1998", "year": "1998", "json_url": "/data/legal/docs/pgr-6239.json", "html_url": "/legal/doc/pgr-6239", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6239&strTipM=T" }, { "id": "pgr-6241", "citation": "C-066-1998", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "No legal basis for granting forest use permits in the Border Corridor Wildlife Refuge", "title_es": "Improcedencia de permisos de aprovechamiento forestal en Refugio de Vida Silvestre Corredor Fronterizo", "summary_en": "The SINAC asks whether MINAE may issue forest use permits in the Border Corridor Wildlife Refuge. The PGR exhaustively reviews the public‑domain status of the northern border strip, declared inalienable since 1888 and currently 2 km wide under the Land and Colonization Law. That status is reinforced by its designation as a National Wildlife Refuge (Decree 22692-MIRENEM), making it part of the State Natural Heritage. The opinion finds an absolute legal bar to granting such permits: Article 1 of the Forestry Law prohibits logging or exploitation in state‑owned wildlife refuges; Article 58 criminalizes the act; and the Organic Environmental Law obliges MINAE to prevent or eliminate exploitation in protected areas. The PGR also rules out adverse possession by private parties or Law No. 7599 as a basis for permits, because public‑domain assets are imprescriptible and any title issued under that law remains subject to forestry prohibitions. The pending constitutional challenge against Article 8 of Law 7599 is noted.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "13/04/1998", "year": "1998", "json_url": "/data/legal/docs/pgr-6241.json", "html_url": "/legal/doc/pgr-6241", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6241&strTipM=T" }, { "id": "pgr-6291", "citation": "OJ-091-1999", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Judicial reform and property protection against land invasions", "title_es": "Reforma judicial agraria y protección de la propiedad frente a invasiones", "summary_en": "The PGR analyzes two proposals from the document 'Central America in the 21st Century' regarding property dispute resolution and supplementary title regimes. On litigation, it highlights advances in agrarian courts —orality, conciliation, ex officio procedural impulse, immediacy— that reduce case duration compared to civil courts, and notes the General Procedure Code project. On land invasions, it refutes the claim that Costa Rican law punishes titleholders; it details available eviction and defense mechanisms. It stresses that deforestation is not a requirement for titling, thanks to the concept of ecological possession and Article 7 of the Posesory Information Law. It concludes that the proposed changes are unnecessary, as Costa Rican law already provides effective property protection, though improvements in registry security and social policy are advisable.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "10/08/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-6291.json", "html_url": "/legal/doc/pgr-6291", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6291&strTipM=T" }, { "id": "pgr-6601", "citation": "C-036-1996", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "INCOPESCA's jurisdiction over buffer zones in Cocos Island National Park", "title_es": "Competencia del INCOPESCA frente a zonas de amortiguamiento en el Parque Nacional Isla del Coco", "summary_en": "The Attorney General's Office clarifies the jurisdiction of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) over marine resources within Cocos Island National Park and its buffer zone. The opinion establishes that INCOPESCA's general jurisdiction in fisheries and aquaculture yields to formally declared protected areas, such as marine national parks, which are administered by the National Parks Service. However, the 7.2 km buffer zone provided for in the Management Plan does not constitute an expansion of the national park nor is it subject to the same legal regime; therefore, INCOPESCA retains its jurisdiction in that zone, although it must coordinate its actions with the Executive Branch. The executive decrees that made the Management Plan official did not incorporate its content, so the plan does not have the force of an executive decree and cannot substitute the legal procedure for expanding protected areas.", "primary_topic_id": null, "topic_ids": [], "date": "27/02/1996", "year": "1996", "json_url": "/data/legal/docs/pgr-6601.json", "html_url": "/legal/doc/pgr-6601", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6601&strTipM=T" }, { "id": "pgr-6631", "citation": "C-215-1995", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "INCOPESCA powers versus executive decrees on marine resources and protected areas", "title_es": "Competencias del INCOPESCA frente a decretos sobre recursos marinos y áreas protegidas", "summary_en": "The Attorney General’s Office analyzes the legal nature of the Costa Rican Institute of Fisheries and Aquaculture (INCOPESCA) as an autonomous institution and the distribution of powers with other state bodies. It concludes that Law No. 7384 granted INCOPESCA exclusive competence over the promotion, regulation, and conservation of marine and aquaculture resources, resulting in a tacit repeal of the Maritime Hunting and Fisheries Law and a partial transfer of the generic powers of MIRENEM. It determines that the executive decrees that attempted to regulate sport fishing at river mouths and declare marine species of interest (Nos. 24382 and 24384-MAG-TUR) encroach upon the Institute's sphere. It upholds the validity of the Coco Island Management Plan since it concerns a national park, and stresses the need for interinstitutional coordination in the creation of Multiple-Use Marine Areas and the Coastal Marine Zone Commission.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "22/09/1995", "year": "1995", "json_url": "/data/legal/docs/pgr-6631.json", "html_url": "/legal/doc/pgr-6631", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6631&strTipM=T" }, { "id": "pgr-6663", "citation": "C-243-1995", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Authority to grant groundwater concessions and well-drilling permits", "title_es": "Competencia para otorgar concesiones de aguas subterráneas y permiso de perforación de pozos", "summary_en": "The Attorney General's Office clarifies the respective competences of the National Electricity Service (SNE) and the Costa Rican Institute of Aqueducts and Sewers (AyA) regarding concessions for water extracted from wells. It holds that under the Mining Code all waters are public domain. The SNE retains the exclusive power to grant concessions for any use of well water. When AyA directly or indirectly exploits wells for population supply, it does not need an SNE concession but must coordinate with SNE for hydrological registration and rational use. If a third party other than AyA seeks to use well water for population supply, an SNE concession is required, subject to prior approval of plans by AyA. Additionally, private wells for human use require Ministry of Health authorization. Inter-institutional coordination is mandated to prevent conflicts.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "27/11/1995", "year": "1995", "json_url": "/data/legal/docs/pgr-6663.json", "html_url": "/legal/doc/pgr-6663", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6663&strTipM=T" }, { "id": "pgr-6731", "citation": "C-188-1996", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Processing prior forest permits under Law 7575 and application amid regulatory gap", "title_es": "Trámite de permisos forestales previos a Ley 7575 y aplicación ante vacío reglamentario", "summary_en": "The Attorney General's Office addresses how to process forest harvesting permit applications received before Law 7575 took effect that remain unresolved, and how to proceed given the absence of the law's executive regulation. It concludes that, under the non-retroactivity principle of Article 34 of the Constitution, applications that met all requirements under the previous law (No. 7174) and its regulation must be decided under that prior legal framework, since applicants acquired at least a protected legitimate interest. It also states that positive administrative silence does not apply to forest harvesting due to the qualified public interest in protecting forests. Regarding the regulatory gap, the Administration may directly apply provisions of the law that do not require a regulation and, in exceptional cases, use administrative discretion within technical and legal limits, while the single regulation—whose omission is unconstitutional—is issued.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "13/11/1996", "year": "1996", "json_url": "/data/legal/docs/pgr-6731.json", "html_url": "/legal/doc/pgr-6731", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6731&strTipM=T" }, { "id": "pgr-6757", "citation": "OJ-047-1996", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Analysis of the Mining Code Bill — marine resources, protected areas and environmental impact", "title_es": "Análisis del Proyecto de Código de Minería — recursos marinos, áreas protegidas e impacto ambiental", "summary_en": "The Attorney General's Office analyzes the Mining Code bill (file 10.099) and issues substantial observations. It notes that Article 1 omits the patrimonial sea, reducing state dominion to metallic and non-metallic deposits in the territory and territorial sea, contradicting the current code and Article 6 of the Constitution. It recommends maintaining the express prohibition on encumbering or transferring deposits, and that the Legislative Assembly retain the power to grant concessions in marine areas, in accordance with Opinion C-128-91. It objects to the exclusion of legislative approval for exploitation in indigenous reserves (current Article 8) and the reliance solely on community authorization, citing ILO Convention 169. It questions the transfer of mining administration to the MEIC instead of MINAE, and the failure to require an environmental impact study prior to granting. It warns of a contradiction with the Forestry Law by allowing mining in protected wild areas, and the unconstitutionality of Article 152 on double punishment. It urges that the bill be rethought to ensure economic, social and environmental benefits for the State and to protect the highest national interests.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575", "environmental-law-7554" ], "date": "12/07/1996", "year": "1996", "json_url": "/data/legal/docs/pgr-6757.json", "html_url": "/legal/doc/pgr-6757", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6757&strTipM=T" }, { "id": "pgr-6825", "citation": "C-254-1995", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Article 18 of the Maritime Zone Law requires a concession, not a use permit", "title_es": "El artículo 18 de la Ley sobre la Zona Marítimo Terrestre exige concesión y no permiso de uso", "summary_en": "The Attorney General's Office interprets Article 18 of Law No. 6043. It finds that, despite the wording 'authorize the use,' the applicable legal instrument for industrial, port, or similar installations on the public zone is a public-domain concession, not a mere use permit. The analysis is based on legislative history, the permanent nature of the works, and consistency with the rest of the statute. Allowing such structures under a permit would contradict the law's protective purpose, given the exceptional nature of public-zone occupation. The conclusion is binding on the Costa Rican Tourism Institute.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "12/12/1995", "year": "1995", "json_url": "/data/legal/docs/pgr-6825.json", "html_url": "/legal/doc/pgr-6825", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6825&strTipM=T" }, { "id": "pgr-6865", "citation": "C-056-1996", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Application of real estate tax to free-zone companies", "title_es": "Aplicación del impuesto sobre bienes inmuebles a empresas de zona franca", "summary_en": "The Attorney General's Office analyzes whether the new Real Estate Tax Law (No. 7509) applies to companies under the Free Zone Regime, given that Article 20(d) of Law No. 7210 granted a ten-year exemption from the territorial tax. It concludes that companies that had already obtained the concession agreement and signed the contract before Law No. 7509 took effect retain the benefit until the ten-year term expires, based on the principle of non-retroactivity and the survival of the repealed law. However, companies that had merely submitted an inclusion application, without having yet obtained executive approval and signed the contract, are not entitled to the exemption and must pay the new tax from its effective date. Likewise, companies that submitted the application after Law No. 7509 was enacted are not exempt, as the new law does not list free-zone properties among the non-taxable items.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "17/04/1996", "year": "1996", "json_url": "/data/legal/docs/pgr-6865.json", "html_url": "/legal/doc/pgr-6865", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6865&strTipM=T" }, { "id": "pgr-6887", "citation": "C-157-1995", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Occupancy rights in the maritime-terrestrial zone are non-transferable", "title_es": "Derechos de ocupación en zona marítimo terrestre no son transmisibles", "summary_en": "The Attorney General's Office analyzes occupancy rights in the maritime-terrestrial zone, concluding that this status is non-transferable to third parties. The opinion stems from a consultation by the Golfito Municipal Council regarding a parcel in the restricted zone of Pavones. Due to insufficient clarity in the submitted data, the Office refrains from opining on the specific case but provides an in-depth analysis of the figure of 'occupant' under Law 6043. It states that occupants are those without a lease contract when the law was enacted and have priority for a concession if the use aligns with the zoning plan. However, their status is precarious and does not generate any property right, since the maritime-terrestrial zone is inalienable and imprescriptible. The Office emphasizes that any legal act aimed at transferring the status of occupant is absolutely void, partially modifying previous opinions.", "primary_topic_id": null, "topic_ids": [], "date": "07/07/1995", "year": "1995", "json_url": "/data/legal/docs/pgr-6887.json", "html_url": "/legal/doc/pgr-6887", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=6887&strTipM=T" }, { "id": "pgr-7037", "citation": "C-103-1998", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Prohibition of forest harvesting by ICE within State Natural Heritage lands", "title_es": "Prohibición de aprovechamiento forestal del ICE en el Patrimonio Natural del Estado", "summary_en": "The Attorney General's Office examines whether the Costa Rican Electricity Institute (ICE) may fell or harvest forests on State Natural Heritage lands to build electrical works. It concludes that Forestry Law 7575 absolutely prohibits cutting or harvesting of forests in national parks, biological reserves, protective zones, mangroves, wildlife refuges and state-owned forest reserves. Only research, training and ecotourism activities are allowed. Protective areas (Article 33) are subject to the same prohibition if they lie within the natural heritage. Executive Decree 26728 is void insofar as it would authorize cutting in that heritage, because it contravenes the Forestry Law and the Constitution. As for ICE forest plantations, although they do not form part of the State Natural Heritage, if originally planted to protect hydrographic basins for hydroelectric use, any harvesting requires authorization and must be limited, proportional and reasonable.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "08/06/1998", "year": "1998", "json_url": "/data/legal/docs/pgr-7037.json", "html_url": "/legal/doc/pgr-7037", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=7037&strTipM=T" }, { "id": "pgr-7135", "citation": "C-128-1999", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Maritime Zone — Irregular Registrations and Municipal Duties", "title_es": "Zona marítimo terrestre — inscripciones indebidas y deberes municipales", "summary_en": "The opinion addresses how municipalities should act when privately registered properties are located within the maritime-terrestrial zone. It establishes that while the zone is public domain by law, privately owned properties registered under the exceptional regime of Law 6043 coexist. The burden of proving private ownership lies with the individual; otherwise, the property is deemed public. Even an illicit registration prevents the municipality from exercising direct administrative and self-protection powers until a court annuls it. However, the municipality must pursue corrective measures: seek annulment of irregular titles, report criminal offenses, request cautionary annotations, and promote the correction of registry errors. Regarding construction permits, the municipality cannot deny them based solely on suspicions about title validity, but upon approval, it must warn the applicant about the challenged legality of the registration, at his own risk, and subject to the outcome of any annulment proceedings.", "primary_topic_id": null, "topic_ids": [], "date": "24/06/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-7135.json", "html_url": "/legal/doc/pgr-7135", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=7135&strTipM=T" }, { "id": "pgr-7137", "citation": "OJ-120-1999", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Watershed Incentive Bill", "title_es": "Proyecto de Ley de Creación de Incentivo de Cuenca", "summary_en": "The Attorney General's Office, through its Environmental Prosecutor, issues an opinion on the Watershed Incentive Bill (file No. 13,541). The opinion criticizes the bill for its vague name, its tax structure that taxes electricity generation to create a fund managed by ICE, and its distribution to municipalities and district councils. It notes that the bill does not address integrated watershed management but imposes a tax for revenue purposes. It questions the constitutionality of several articles for violating the principles of single treasury and budgetary universality, ICE’s specialization, equality before public burdens, and lack of penalties for tax non-compliance. It warns about potential duplication of functions with MINAE and the impossibility of granting funds to District Councils lacking legal personality. It concludes by suggesting a complete reconsideration of the bill and recalling constitutional restrictions on legislative delegation and mandatory hearings for autonomous institutions.", "primary_topic_id": null, "topic_ids": [], "date": "14/10/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-7137.json", "html_url": "/legal/doc/pgr-7137", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=7137&strTipM=T" }, { "id": "pgr-7143", "citation": "C-122-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of the term 'design population' for sanitary landfills", "title_es": "Alcance del término 'población de diseño' para rellenos sanitarios", "summary_en": "The opinion interprets Article 39 of the Solid Waste Management Regulation, as amended by Decree 27443, to define what the 'design population' of a manual sanitary landfill exempt from an environmental impact study comprises. It concludes that the design population includes all persons generating ordinary waste in the canton and neighboring areas served through inter-cantonal agreements, also considering projected growth during the landfill's useful life and future expansion of service coverage. It notes that the exemption applies only to manual landfills with a design population ≤75,000 inhabitants, but in Pérez Zeledón, with 300 tons per week, a mechanized landfill is required, for which an EIS is always mandatory. It points out that the exemption based on economic limitations is of dubious constitutionality in light of the right to a healthy environment.", "primary_topic_id": null, "topic_ids": [ "environmental-law-7554" ], "date": "01/06/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-7143.json", "html_url": "/legal/doc/pgr-7143", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=7143&strTipM=T" }, { "id": "pgr-7191", "citation": "C-192-1995", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Exemption from construction tax for the Judicial Branch under Article 70 of the Urban Planning Law", "title_es": "Exoneración del impuesto de construcción para el Poder Judicial bajo el artículo 70 de la Ley de Planificación Urbana", "summary_en": "The PGR interprets the term 'Central Government' in Article 70 of the Urban Planning Law, which exempts from the 1% construction tax public-interest works of the Central Government and autonomous institutions. It concludes that 'Central Government' must be understood broadly, as synonymous with the State, encompassing all three branches (Executive, Legislative, and Judicial). Therefore, the Judicial Branch is exempt from paying said tax when its constructions are public-interest works, such as courthouses. Additionally, it confirms that the Judicial Branch does not need a municipal license to construct its public buildings, per Article 75 of the Construction Law.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "05/09/1995", "year": "1995", "json_url": "/data/legal/docs/pgr-7191.json", "html_url": "/legal/doc/pgr-7191", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=7191&strTipM=T" }, { "id": "pgr-7251", "citation": "OJ-110-1998", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal nature of state vehicles and the right of retention by private parties", "title_es": "Naturaleza jurídica de los vehículos del Estado y posibilidad de retención por particulares", "summary_en": "The Attorney General's Office examines the legal nature of state vehicles following the retention of a Ministry of Health motorcycle by a private workshop that carried out unauthorized repairs exceeding the approved amount. It determines that state vehicles are not public domain assets, but rather patrimonial assets assigned to a public interest purpose, classified as public goods. They enjoy special protection, including immunity from seizure under Law No. 70 of 1925, and the private right of retention under the Civil Code does not apply. The factual retention constitutes a 'de facto seizure' that hinders public use of the asset. It notes that the conduct could constitute the offense of misappropriation (retención indebida), although no criminal qualification is made, and urges reporting to the courts. Additionally, it recognizes the jurisdiction of the Comptroller General over state vehicles as public funds.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "22/12/1998", "year": "1998", "json_url": "/data/legal/docs/pgr-7251.json", "html_url": "/legal/doc/pgr-7251", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=7251&strTipM=T" }, { "id": "pgr-7513", "citation": "C-251-1999", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Conflict of interest if private-sector representative on FONAFIFO board assumes public office", "title_es": "Conflicto de intereses si representante del sector privado ante FONAFIFO asume cargo público", "summary_en": "The Attorney General's Office analyzes whether a private-sector representative appointed by the National Forestry Office to the Board of the National Forest Financing Fund (FONAFIFO) incurs a conflict of interest upon subsequently assuming a public office. It concludes that such a situation is incompatible, as it would distort the balance of representation intended by the legislature under Article 48 of Forestry Law 7575, which establishes a composition of two private-sector members and three public-sector members. The assumption of a public post by a private representative creates confusion as to which interests are being defended and improperly strengthens the state's presence, contravening the legal framework. The opinion recommends that the representative resign from the Fund to allow the election of a person whose defense of private interests is beyond doubt, thus ensuring the validity of the collegiate body's acts.", "primary_topic_id": null, "topic_ids": [ "forestry-law-7575" ], "date": "22/12/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-7513.json", "html_url": "/legal/doc/pgr-7513", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=7513&strTipM=T" }, { "id": "pgr-7639", "citation": "C-171-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Whether a third party may directly import already-registered agrochemicals", "title_es": "Posibilidad de que un tercero importe directamente agroquímicos ya registrados", "summary_en": "The Attorney General's Office examines whether a third party may directly import an agricultural chemical already registered in Costa Rica without the original registrant's consent. It concludes that, under the Plant Protection Law (No. 7664), registration in the phytosanitary registry does not grant exclusive import rights; rather, it serves technical control and health/environmental protection purposes. Therefore, any natural or legal person who meets the legal and regulatory requirements may import such products. The opinion cautions, however, that this does not affect any intellectual property rights (patents, trademarks) that others may hold, which must be resolved in court or through administrative channels. The PGR urges repeal of Article 29 of Decree 24337-MAG-S for contradicting the law and free competition, and characterizes the phytosanitary registry as semi-public, accessible to all except for information declared confidential under the Undisclosed Information Law (No. 7975).", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "03/08/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-7639.json", "html_url": "/legal/doc/pgr-7639", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=7639&strTipM=T" }, { "id": "pgr-7657", "citation": "C-116-1999", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Validity of the GAM-NO Subregional Plan and municipal authority in urban planning", "title_es": "Vigencia del Plan Subregional GAM-NO y competencia municipal en planificación urbana", "summary_en": "The Attorney General's Office examines the validity of the GAM-NO Subregional Plan adopted by the Municipality of Alajuela. It reaffirms that urban planning is the exclusive competence of municipalities, with INVU's role being supplementary. It finds that Article 10 of the Plan, on river protection, contradicts the Forestry Law and must be set aside. In the Juan Santamaría Airport zone, special regulations prevail, requiring Civil Aviation authorization in addition to municipal permits. Finally, the failure to publish zoning maps impairs the Plan's effectiveness only regarding aspects requiring those maps, while the published normative content remains applicable.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "07/06/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-7657.json", "html_url": "/legal/doc/pgr-7657", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=7657&strTipM=T" }, { "id": "pgr-771", "citation": "C-050-1996", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Catastro's duty to reject plans encroaching on the maritime-terrestrial zone vis-à-vis prior titles", "title_es": "Obligación de Catastro de denegar planos que invadan la zona marítimo terrestre frente a titularidades previas", "summary_en": "The Attorney General's Office examined whether the National Cadastre Office can deny the registration of property maps that, according to the Public Registry, include part of the maritime-terrestrial zone that was disaffected and titled under Transitory III of Law 4558. The opinion concluded that Cadastre has a duty to protect the maritime-terrestrial zone and is empowered to reject, return, or annotate maps that violate the law, as stated in opinion C-200-96. However, for lands lawfully registered under special laws like Transitory III (if requirements were met while in force), Cadastre cannot adopt measures contrary to their registry integrity or oppose the registration of subsequent maps resulting from subdivisions that remain within the same area. Doing so would violate constitutionally protected private property, provided the original title does not encroach on the 50-meter public zone strip.", "primary_topic_id": null, "topic_ids": [], "date": "26/03/1996", "year": "1996", "json_url": "/data/legal/docs/pgr-771.json", "html_url": "/legal/doc/pgr-771", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=771&strTipM=T" }, { "id": "pgr-7711", "citation": "C-177-1996", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Income tax exemption in tourism contracts and its relation to the asset tax", "title_es": "Exención del impuesto sobre la renta en contratos turísticos y su relación con el impuesto a los activos", "summary_en": "The Attorney General's Office analyzes whether the income tax exemption granted to companies with tourism contracts under Law 6990 extends to the asset tax created by Law 7543. It concludes that the asset tax is autonomous, not a prepayment of the income tax, so the exemption does not extend. However, when determining the taxable base of the asset tax, companies can offset the value of assets dedicated to the exempt tourism activity, which may even result in a zero taxable base, reducing the tax liability until the benefit expires.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "24/10/1996", "year": "1996", "json_url": "/data/legal/docs/pgr-7711.json", "html_url": "/legal/doc/pgr-7711", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=7711&strTipM=T" }, { "id": "pgr-7753", "citation": "C-191-1996", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Concurrent jurisdictions over the Atlantic canals: JAPDEVA, municipalities, and MINAE", "title_es": "Competencias concurrentes sobre los canales del Atlántico: JAPDEVA, municipalidades y MINAE", "summary_en": "The Attorney General's Office analyzes whether the Organic Environmental Law and the Forestry Law partially repeal the Maritime-Terrestrial Zone Law and JAPDEVA Law regarding the administration of the 3 km strip on both sides of Atlantic rivers and canals. It determines there is no general repeal but a system of concurrent jurisdictions. JAPDEVA retains ownership and administration of that strip, except for a 200 m maritime-terrestrial zone on each side of the main canals between Moín and Barra del Colorado, which corresponds to the respective municipalities under Law No. 6043. MINAE assumes administration when the lands are declared a protected wilderness area, or when, after forest classification, they become part of the State's natural heritage. Forest lands of JAPDEVA or municipalities not declared protected areas remain under their administration until MINAE classifies them as suitable for forestry. The obligation to consult MINAE before disposing of rural lands is recalled.", "primary_topic_id": null, "topic_ids": [], "date": "27/11/1996", "year": "1996", "json_url": "/data/legal/docs/pgr-7753.json", "html_url": "/legal/doc/pgr-7753", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=7753&strTipM=T" }, { "id": "pgr-7911", "citation": "C-228-1998", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Prohibition of using the maritime-terrestrial zone as access for private properties", "title_es": "Imposibilidad de usar la zona marítimo terrestre como acceso para inmuebles privados", "summary_en": "The Attorney General's Office analyzes whether it is permissible to register cadastral plans for private properties whose only access is through the maritime-terrestrial zone, whether the owner can restrict public transit, and whether a plan indicating an easement over such zone can be recorded. It concludes that registering plans with exclusive access via the maritime-terrestrial zone is not allowed, as this zone does not constitute a public road and cannot be equated to the access ways permitted by the Cadastre Regulation. Nor can easements or encumbrances be created over public domain land for the benefit of private estates, as this conflicts with the principles of inalienability and imprescriptibility of public domain. Exceptionally, and with prior authorization from competent entities, pedestrian access through the public zone might be permitted, provided free transit is guaranteed and the zone's intended use is respected.", "primary_topic_id": null, "topic_ids": [], "date": "03/11/1998", "year": "1998", "json_url": "/data/legal/docs/pgr-7911.json", "html_url": "/legal/doc/pgr-7911", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=7911&strTipM=T" }, { "id": "pgr-8009", "citation": "C-097-1997", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Regulatory plan also required in non-tourist suitability zones", "title_es": "Plan regulador requerido también en zonas de no aptitud turística", "summary_en": "The Attorney General’s Office analyzes whether a regulatory plan is required to grant concessions in areas of the maritime-terrestrial zone declared of non-tourist suitability. It concludes that, even though Article 38 of Law 6043 only requires development plans in tourist zones, the Regulation to that law (Article 57) and the protective, planning-oriented spirit of coastal legislation make it mandatory for non-tourist zones to have prior planning as well, especially when construction is allowed. The opinion notes that the General Land Use Plan under Article 26 was never prepared, making sectoral planning essential to avoid disorderly development and protect the natural heritage. It emphasizes that even agricultural activities can be harmful and that zones originally deemed unsuitable may now be tourist-attractive, so requiring a regulatory plan is consistent with social reality and the law’s protective purpose. The approval of such plans belongs to ICT and INVU, without prejudice to the collaboration of IDA and municipalities.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "13/06/1997", "year": "1997", "json_url": "/data/legal/docs/pgr-8009.json", "html_url": "/legal/doc/pgr-8009", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8009&strTipM=T" }, { "id": "pgr-8013", "citation": "C-100-1997", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Collection of the forest tax without correct determination of the taxable base", "title_es": "Cobro del impuesto forestal sin correcta determinación de la base imponible", "summary_en": "The Attorney General's Office analyzes whether the forest tax under Laws 7174 and 7575 may be collected if its taxable base was not properly determined. It concludes that the taxable base is an essential element of the tax; if the regulatory parameters to set the value per cubic meter of standing timber or the market transfer value were not met, the tax is nonexistent. Absence of these technical requirements invalidates the tax obligation, making collection improper. The opinion guides the Forest Administration on strict compliance with legal and regulatory mechanisms for tax determination.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "17/06/1997", "year": "1997", "json_url": "/data/legal/docs/pgr-8013.json", "html_url": "/legal/doc/pgr-8013", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8013&strTipM=T" }, { "id": "pgr-8067", "citation": "OJ-125-1999", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Determination of the passive subject of sales tax in real estate brokerage services", "title_es": "Determinación del sujeto pasivo del impuesto de ventas en la prestación de correduría de bienes raíces", "summary_en": "The Attorney General's Office analyzed whether Article 29(c) of the draft Real Estate Brokerage Regulatory Law (file No. 13013) modified elements of the general sales tax. It concluded that under Law No. 6826, the passive subject of the tax on services is the service provider, i.e., the real estate broker. By stating that the 'proponent' (service user) must pay the tax, the draft would improperly shift the taxpayer status, turning the broker into a mere withholding agent. Although it would not change the active subject (the State) or the rate, the wording would cause confusion about the taxable event, which would still be the provision of the service. Because it affected provisions of the Sales Tax Law, the draft could not be delegated to a Full Legislative Committee under Article 124 of the Constitution. The PGR recommended deleting Article 29(c) to avoid legal conflicts.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "04/11/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-8067.json", "html_url": "/legal/doc/pgr-8067", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8067&strTipM=T" }, { "id": "pgr-8073", "citation": "C-055-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "On the nullity of Resolution 1198-97 of the Ministry of the Presidency", "title_es": "Sobre la nulidad de la Resolución 1198-97 del Ministerio de la Presidencia", "summary_en": "This opinion examines whether Resolution No. 1198-97 issued by the Ministry of the Presidency, which ordered the payment of legal severance benefits to a former public servant, suffers from absolute, evident, and manifest nullity. The PGR analyzes two alleged defects: the Ministry's lack of jurisdiction to issue the act, and an error in the benefits calculation formula. Regarding jurisdiction, it notes that the challenge should have also included the dismissal act, and in any case, there is no conclusive evidence of lack of jurisdiction, so the nullity would not be evident or manifest. As for the calculation, it concludes that the official's termination was a direct result of the non-suitability declaration stemming from Constitutional Chamber Decision 140-93, which struck down the automatic entry into the Civil Service Regime. Therefore, the official was entitled to the calculation formula provided in that ruling. The PGR issues a negative opinion and finds no defects in the act.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "20/03/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-8073.json", "html_url": "/legal/doc/pgr-8073", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8073&strTipM=T" }, { "id": "pgr-8089", "citation": "C-061-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Survival of right to Article 87 tax exemptions for reforesters with approved projects prior to repeal", "title_es": "Supervivencia del derecho a exenciones del artículo 87 para reforestadores con proyectos aprobados antes de la derogatoria", "summary_en": "The Attorney General's Office examines whether reforesters whose projects were approved and registered under Forestry Law No. 7174, but who did not sign the contract before the law was repealed by Law No. 7575 in 1996, retain the right to tax incentives under Article 87. It concludes that the administrative approval act constitutes a consolidated legal situation, so the right to exemption arises from that moment, and the contract signature is a mere formality. The Ministry of Finance is obligated to sign the pending contracts. In contrast, the mere submission of an application without approval does not create vested rights or a consolidated legal situation.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "31/03/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-8089.json", "html_url": "/legal/doc/pgr-8089", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8089&strTipM=T" }, { "id": "pgr-8139", "citation": "C-111-1999", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Legal nature of Community Development Associations", "title_es": "Naturaleza jurídica de las Asociaciones de Desarrollo Comunal", "summary_en": "The opinion clarifies that Community Development Associations are private-law entities, governed by the principle of freedom, autonomy of will, and equality of the contracting parties. Their legal declaration of public interest derives from the goals they pursue (economic and social development of communities) and grants them tax benefits and certain privileges, but does not alter their private legal nature nor subject them to public-law regime. The oversight by the Comptroller General of the Republic over public funds they manage does not change this condition, as it stems from the origin of the resources rather than the nature of the entity.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "02/06/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-8139.json", "html_url": "/legal/doc/pgr-8139", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8139&strTipM=T" }, { "id": "pgr-8141", "citation": "C-053-1999", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Concessions for Private Port Works and Continental Shelf", "title_es": "Concesiones para obras portuarias privadas y plataforma continental", "summary_en": "This opinion addresses whether legislative approval is required to build private port works on national coasts and the continental shelf. It concludes that areas permanently covered by the sea adjacent to the shore are public domain goods and require a concession from the Legislative Assembly under Article 5 of the Maritime-Terrestrial Zone Law. The continental shelf beneath the territorial sea is also subject to that sovereignty and legislative concession. In the public zone of the maritime-terrestrial zone, port works may be authorized exceptionally via concession, with legislative intervention if the term exceeds fifteen years. Tourist marinas and docks are excepted and processed under Law No. 7744 without legislative participation. The opinion clarifies that it does not address port operation or public works concessions, but rather the use of public domain for private facilities.", "primary_topic_id": null, "topic_ids": [], "date": "16/03/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-8141.json", "html_url": "/legal/doc/pgr-8141", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8141&strTipM=T" }, { "id": "pgr-8181", "citation": "OJ-062-2000", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal opinion on draft decree for regulatory and master plans in the maritime-terrestrial zone", "title_es": "Opinión jurídica sobre proyecto de decreto para planes reguladores y maestros en zona marítimo terrestre", "summary_en": "The Environmental Prosecutor issues a non-binding legal opinion on a draft decree that aimed to create a Territorial Planning Office for the Maritime-Terrestrial Zone to unify the review and approval of coastal regulatory and master plans. It concludes that, although administrative coordination is commendable, the draft exceeds regulatory authority by attempting to replace the legal powers of municipalities, ICT, and INVU. It points out that IFAM lacks authority over regulatory plans, that including adjacent private lands is optional for their owners, and that the concept of master plans has no basis in Law 6043 or 7744. It warns of inconsistencies between the proposed Planning Office and Technical Office, and objects to imposing mandatory guidelines on autonomous entities. It recommends excluding protected areas that are part of the State Natural Heritage and correcting the decree's signature to comply with the Constitution.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "09/06/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-8181.json", "html_url": "/legal/doc/pgr-8181", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8181&strTipM=T" }, { "id": "pgr-8255", "citation": "C-002-1999", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Applicability of the Maritime Zone Law to Cieneguita, Limón", "title_es": "Aplicación de la Ley de Zona Marítimo Terrestre a Cieneguita, Limón", "summary_en": "The Attorney General's Office analyzes whether the Maritime Zone Law (Law 6043) applies to the Cieneguita sector in Limón, given invasions by residents. It concludes that Cieneguita is part of the city of Limón and thus excluded from Law 6043 under Article 6. However, it emphasizes that the Cieneguita beach is state public domain for common use and, in case of illegal occupation, the Municipality must request administrative eviction from the Ministry of Public Security and file a criminal complaint for usurpation of public domain. A detailed analysis is provided of the concept of city, its relationship with the canton and territorial division, and the legal nature of beaches and their protection.", "primary_topic_id": null, "topic_ids": [ "water-law" ], "date": "05/01/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-8255.json", "html_url": "/legal/doc/pgr-8255", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8255&strTipM=T" }, { "id": "pgr-8265", "citation": "OJ-022-1999", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Mandatory requirements for forest harvesting and environmental impact assessment", "title_es": "Obligatoriedad de requisitos para aprovechamiento forestal y evaluación de impacto ambiental", "summary_en": "Legal Opinion 022-1999 from the Environmental Prosecutor addresses concerns from Deputy Célimo Guido Cruz about deforestation in Osa, Limón, and San Carlos. It analyzes three main issues: (1) the absolute prohibition of forest harvesting in protected wild areas under state ownership, except for research, training, and ecotourism; (2) the requirement for environmental impact assessment as an indispensable prerequisite for activities altering the environment, detailing applicable laws (Forestry Law, Environmental Law, Biodiversity Law, SETENA Regulation) and emphasizing that management plans must include impact assessment and mitigation measures; and (3) the need to consult SENARA or other technically competent entities for delimiting aquifer recharge areas, while the criterion on soil impact corresponds to the Ministry of Agriculture. It concludes reminding SINAC and Conservation Area directors of their duty to enforce these rules, and forwards the matter to the Environmental Administrative Tribunal for investigation of alleged violations.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "environmental-law-7554", "procedural-environmental" ], "date": "19/02/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-8265.json", "html_url": "/legal/doc/pgr-8265", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8265&strTipM=T" }, { "id": "pgr-8267", "citation": "C-042-1999", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Scope of Articles 33 and 34 of the Forestry Law regarding protection areas", "title_es": "Alcance de los artículos 33 y 34 de la Ley Forestal sobre áreas de protección", "summary_en": "The Attorney General's Office responds to an INVU query regarding the application of Articles 33 and 34 of the Forestry Law. It concludes that protection areas constitute social-interest limitations on property that do not require prior compensation, as they serve an imperative public interest without emptying the core of the right. It states that Article 33 contains regulated provisions, and therefore the INVU cannot exercise discretionary powers to reduce setbacks for the benefit of individuals, as this would violate the principle of legality. It affirms that the Forestry Law applies in both rural and urban zones, and that the INVU has exclusive jurisdiction to set protection area alignments, except for aquifer recharge areas where it must follow MINAE's delimitation. It rules out that INVU's competence encroaches on the powers of SETENA, SENARA, MINAE, or AyA. It warns that larger setbacks than those established by law cannot be demanded without legislative reform, except in cases of national emergency.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "water-law", "forestry-law-7575" ], "date": "19/02/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-8267.json", "html_url": "/legal/doc/pgr-8267", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8267&strTipM=T" }, { "id": "pgr-8305", "citation": "C-085-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Prohibition of advertising signs in the public right-of-way", "title_es": "Prohibición de anuncios publicitarios en el derecho de vía", "summary_en": "The Attorney General's Office examines whether private companies may legally install advertising structures within the public right-of-way of national and cantonal roads. It concludes that, given the public-domain nature of the right-of-way (inalienable, imprescriptible, excluded from commerce), private parties may not place advertisements, signs, or billboards there. The Transit Law (article 205) expressly prohibits commercial signage in the right-of-way. However, bus shelters (escampaderos), street-name signs, and traffic signs are allowed, provided any advertising they contain is discreet and does not endanger road safety or scenic views. As for jurisdiction, the Ministry of Public Works and Transport (MOPT) is responsible for traffic signs and notices on all roads and for designating bus stops. For bus shelters and notices on cantonal-road rights-of-way, the municipality must authorize the structure but in coordination with MOPT technical bodies. Municipalities cannot authorize any advertising within the right-of-way; their power over signs applies only to private land.", "primary_topic_id": null, "topic_ids": [ "landscape-protection" ], "date": "03/05/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-8305.json", "html_url": "/legal/doc/pgr-8305", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8305&strTipM=T" }, { "id": "pgr-8321", "citation": "C-083-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Recovery of airport lands and facilities occupied by private parties", "title_es": "Recuperación de terrenos e instalaciones de aeropuertos ocupados por particulares", "summary_en": "The Attorney General's Office analyzes the legal regime of airports as public-domain assets of constitutional rank, subject to a special regime that prevents their sale, lease, or encumbrance while in service. It examines the differences between a use concession and a use permit, highlighting the precarious nature of the latter. It concludes that the State may recover possession of airport lands and facilities for reasons of public interest. For use permits, revocation does not create a right to compensation. For concessions, revocation on grounds not attributable to the concessionaire does require compensation for damages. If the contract expired without renewal, there is no right to remain or to compensation, unless otherwise agreed or unless the Administration has an interest in keeping buildings, in which case compensation must be paid under the Civil Code.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "28/04/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-8321.json", "html_url": "/legal/doc/pgr-8321", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8321&strTipM=T" }, { "id": "pgr-8399", "citation": "C-094-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Arbitration on the amount of the canon in maritime-terrestrial zone concessions", "title_es": "Posibilidad de arbitraje sobre el monto del canon en concesiones de la zona marítimo terrestre", "summary_en": "The Attorney General's Office clarifies that there is no obligation to approve arbitration agreements or to participate procedurally in arbitrations. Regarding the dispute between Ecodesarrollo Papagayo S.A. and the Municipality of Liberia, it analyzes the regulations of the Papagayo Tourism Project and the legal nature of the canon for concessions in the maritime-terrestrial zone, which is not a tax but a pecuniary consideration. It concludes that while the enforceability of the canon is not arbitrable (by legal mandate), the amount of the canon is, as it is a patrimonial matter, provided the Administration has well-founded doubts about the calculation and issues a reasoned act. It warns that the Administration is not obliged to submit to arbitration and must only resort to arbitration in law, respecting the principle of legality and without waiving non-waivable powers.", "primary_topic_id": null, "topic_ids": [], "date": "11/05/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-8399.json", "html_url": "/legal/doc/pgr-8399", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8399&strTipM=T" }, { "id": "pgr-8473", "citation": "C-187-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Validity of Executive Decree 28220 for forestry tax collection", "title_es": "Validez del Decreto Ejecutivo 28220 para el cobro del impuesto forestal", "summary_en": "The Attorney General's Office analyzes whether Executive Decree 28220-MINAE-H corrects the omissions identified in opinion C-100-97 regarding the determination of the taxable base for the forestry tax. It concludes that the decree clearly and precisely establishes how to determine such base, repealing previous defective regulations. It examines Articles 42 and 53 of the Forestry Law and Article 4 of the decree, clarifying that the identification of taxpayers in the regulation does not violate the principle of legal reserve, and that the reference to \"CIF value\" for imports is lawful. Finally, it notes that an error in Recital 4 of Resolution 55-99-SINAC-MINAE was corrected by a subsequent resolution, conforming to the regulatory procedure for setting the average value of roundwood.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "17/08/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-8473.json", "html_url": "/legal/doc/pgr-8473", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8473&strTipM=T" }, { "id": "pgr-8599", "citation": "OJ-011-1996", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Publication and Legal Nature of Municipal Regulatory Plans", "title_es": "Publicación y naturaleza de los planes reguladores municipales", "summary_en": "The Attorney General's Office determined that municipal regulatory plans are normative and regulatory in nature. Based on the Urban Planning Law, the Municipal Code, and the General Public Administration Law, it concluded that merely publishing a notice of adoption is insufficient; the entire content of the plan must be published in the Official Gazette, including maps, plans, and regulations, in order for it to become legally effective and binding on both the Administration and private parties. The lack of publication does not invalidate the plan but prevents it from producing legal effects vis-à-vis third parties, without eliminating other municipal powers of urban regulation.", "primary_topic_id": null, "topic_ids": [], "date": "08/03/1996", "year": "1996", "json_url": "/data/legal/docs/pgr-8599.json", "html_url": "/legal/doc/pgr-8599", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8599&strTipM=T" }, { "id": "pgr-8747", "citation": "C-261-1998", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Fate of La Lechería and La Rotonda after wildlife refuge designation", "title_es": "Destino de fincas La Lechería y La Rotonda tras declaratoria de refugio de vida silvestre", "summary_en": "This opinion examines the legal status of the La Lechería and La Rotonda properties, registered under Compañía Bananera de Costa Rica (now Palma Tica S.A.) in Golfito, following their designation as a national wildlife refuge by Executive Decree No. 16373-MAG of 1985. The PGR concludes that despite the original legal authorization to expropriate and donate the land to the Municipality of Golfito for urban expansion and sports facilities, the subsequent protected-area status automatically incorporated the properties into the State Natural Heritage under Articles 32 and 34 of the Forestry Law. Thus, the IDA no longer has a current interest in expropriation, and the correct course is to enforce the company’s gratuitous transfer obligation under the 1985 agreement. Once the State holds title, any reduction of the area or change of use would require a subsequent law following technical studies, per Article 38 of the Organic Environmental Law.", "primary_topic_id": null, "topic_ids": [ "wildlife-law-7317" ], "date": "07/12/1998", "year": "1998", "json_url": "/data/legal/docs/pgr-8747.json", "html_url": "/legal/doc/pgr-8747", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8747&strTipM=T" }, { "id": "pgr-8805", "citation": "C-228-1999", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Extraction and commercialization of timber in indigenous reserves", "title_es": "Extracción y comercialización de madera en reservas indígenas", "summary_en": "The Attorney General's Office responds to a query from SINAC on whether indigenous communities may extract and sell timber from their reserves. It concludes they are not legally authorized to do so, as the Indigenous Law No. 6172 and the Regulation for Forest Harvesting in Indigenous Reserves restrict forest use to domestic and artisanal purposes, prohibiting commercialization. The opinion is based on ILO Convention 169 (Law No. 7316), which protects indigenous lands, culture, and environment, and on the principle of inalienability of reserves, which prevents the disposal of forest resources for profit. Timber commercialization would contradict both the indigenous worldview of respectful subsistence use of the forest and the collective, inalienable nature of their territories and resources.", "primary_topic_id": "indigenous-law-6172", "topic_ids": [ "indigenous-law-6172", "forestry-law-7575" ], "date": "19/11/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-8805.json", "html_url": "/legal/doc/pgr-8805", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8805&strTipM=T" }, { "id": "pgr-8811", "citation": "C-235-1999", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Approval of Urban Developments — Powers of the Municipal Council vs. the Municipal Engineer", "title_es": "Aprobación de urbanizaciones — competencias del Concejo o del ingeniero municipal", "summary_en": "The Attorney General's Office analyzes who is responsible for approving or rejecting urban developments within a canton. After reviewing constitutional provisions, the Municipal Code, the Urban Planning Law, the Construction Law, and the Subdivision Regulation, it concludes that the Municipal Council, as the highest body of popular representation, holds the final decision-making authority. The municipal engineer provides technical reports that are binding in regulated aspects but cannot replace the political body. However, the Council may not disregard technical criteria without support from other professional studies and must adhere to scientific and technical rules. The opinion delineates the functions of both bodies and reaffirms municipal autonomy in urban planning.", "primary_topic_id": null, "topic_ids": [ "subdivision-fraccionamiento" ], "date": "03/12/1999", "year": "1999", "json_url": "/data/legal/docs/pgr-8811.json", "html_url": "/legal/doc/pgr-8811", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8811&strTipM=T" }, { "id": "pgr-8837", "citation": "C-228-2000", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Construction of a conveyor belt in the maritime-terrestrial zone requires legislative concession", "title_es": "Construcción de faja transportadora en zona marítimo terrestre requiere concesión legislativa", "summary_en": "The Attorney General's Office analyzes whether the Ministry of Public Works and Transport (MOPT) can authorize the construction and operation of a conveyor belt on the Pacific coast by a private company, based on Article 10 of Law No. 5420 of 1973. It determines that such a work, being permanently fixed on public domain land (maritime-terrestrial zone and possibly areas permanently covered by the sea), constitutes a private use that can only be granted through a concession, as required by Article 5 of the Maritime-Terrestrial Zone Law (No. 6043). It concludes that Article 10 of Law No. 5420 does not meet the structural elements of a use concession (object, extension, term, operating conditions, etc.), nor was it conceived as such; it merely approved a tax incentive contract for the cement industry. Furthermore, the rights derived from that contract were extinguished when the incentive regime expired (December 31, 1984), rendering the provision ineffective to authorize the proposed work. Consequently, the interested company must apply for a use concession before the Legislative Assembly, complying with all applicable environmental, technical, and legal requirements.", "primary_topic_id": null, "topic_ids": [], "date": "22/09/2000", "year": "2000", "json_url": "/data/legal/docs/pgr-8837.json", "html_url": "/legal/doc/pgr-8837", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8837&strTipM=T" }, { "id": "pgr-8973", "citation": "C-121-1997", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Illegality of Tree-Cutting Powers Granted to District Councils", "title_es": "Ilegalidad de competencias de corta otorgadas a Concejos de Distrito", "summary_en": "The Attorney General's Office reviews an agreement by the Puntarenas Municipal Council authorizing District Municipal Councils to process tree-cutting permits. The opinion concludes that the agreement is openly illegal. It notes that Article 191 of the Municipal Code provides an exhaustive list of powers of district councils, and processing tree-cutting permits is not among them. Moreover, Article 27 of Forestry Law No. 7575 assigns that competence exclusively to Regional Environmental Councils or the respective municipalities, without possibility of delegation. It also clarifies that District Municipal Councils are not to be confused with Regional Environmental Councils, as they are distinct legal entities under the Environmental Organic Law and the Municipal Code. The Attorney General warns that issuing resolutions contrary to law could constitute the crime of malfeasance (prevaricato) and orders the Council to send a copy of its compliance decision, under penalty of disobedience.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575" ], "date": "07/07/1997", "year": "1997", "json_url": "/data/legal/docs/pgr-8973.json", "html_url": "/legal/doc/pgr-8973", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=8973&strTipM=T" }, { "id": "pgr-9153", "citation": "C-002-1973", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Compatibility of public officials as directors of autonomous institutions", "title_es": "Compatibilidad de funcionarios públicos como directivos de instituciones autónomas", "summary_en": "This opinion from the Office of the Attorney General analyzes, at the request of the Attorney General, the incompatibilities that may affect officials and employees of the Public Powers and other State Institutions when being appointed as directors of various Costa Rican Autonomous Institutions. It conducts a case-by-case study of the legislation applicable to each entity (INVU, AyA, ITCO, INCOP, JAPDEVA, Central Bank, National Banking System, ICE, ICT, CCSS, PANI, CNP, INA, IFAM, IMAS) to determine whether there is an express prohibition. The opinion concludes that for several institutions (AyA, ITCO, INCOP, JAPDEVA, ICE, PANI, INA, IFAM, IMAS) the law is silent, while for others (INVU, Central Bank, National Banking System, ICT, CCSS, CNP) incompatibility does exist. It does not address environmental matters, but rather public service and administrative organization.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "11/07/1973", "year": "1973", "json_url": "/data/legal/docs/pgr-9153.json", "html_url": "/legal/doc/pgr-9153", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=9153&strTipM=T" }, { "id": "pgr-917", "citation": "C-062-1989", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Applicability of Law 6043 on Maritime Terrestrial Zone in Cahuita and Puerto Viejo", "title_es": "Aplicabilidad de la Ley 6043 sobre Zona Marítimo Terrestre en Cahuita y Puerto Viejo", "summary_en": "The Attorney General's Office responds to an inquiry from the Costa Rican Tourism Board regarding which law governs the maritime terrestrial zone in Cahuita and Puerto Viejo, given municipal decisions applying Laws 35 and 166 instead of Law 6043. It concludes that Law 6043 of 1977, a public order statute, does apply and repeals the earlier special laws (35 of 1915 and 166 of 1935) due to incompatibility, as those laws allowed private ownership in the maritime zone through administrative allocation, whereas Law 6043 establishes inalienable state ownership of that strip. However, it respects property rights legitimately acquired under previous laws before Law 6043 took effect. It also notes that Cahuita and Puerto Viejo lack city status that would exclude them from the law, so the Municipality of Talamanca must revoke contrary agreements and enforce Law 6043, initiating proceedings against illegal occupations.", "primary_topic_id": null, "topic_ids": [], "date": "27/03/1989", "year": "1989", "json_url": "/data/legal/docs/pgr-917.json", "html_url": "/legal/doc/pgr-917", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=917&strTipM=T" }, { "id": "pgr-9557", "citation": "OJ-033-1995", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Legal distance between urban developments and drinking water springs", "title_es": "Distancia legal entre urbanizaciones y nacientes de agua potable", "summary_en": "Legal opinion OJ-033-1995 from the Office of the Attorney General of the Republic analyzes the minimum distance required between urban development projects and springs providing drinking water. It concludes that, as a general rule, the minimum setback is a 50-meter radius around the spring eye, per Article III.3.7.6 of the Regulation for the National Control of Subdivisions and Urban Developments. However, this distance may be extended by a local zoning plan that stipulates a different standard, by restrictions imposed by the Costa Rican Institute of Aqueducts and Sewers under Article 16 of the General Drinking Water Law or Article 32 of the Water Law, or if the lands have been declared inalienable because they are designated for present or future drinking water supply (Articles 7(c) of the Land and Colonization Law, 31 of the Water Law, and 2 of the General Drinking Water Law). In addition, the protective zone regime of 200 meters on hills and 100 meters on flat terrain around springs remains in force under Article 68(1) of the Forestry Law, as well as the protection of aquifer recharge areas.", "primary_topic_id": "water-law", "topic_ids": [ "water-law" ], "date": "20/09/1995", "year": "1995", "json_url": "/data/legal/docs/pgr-9557.json", "html_url": "/legal/doc/pgr-9557", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=9557&strTipM=T" }, { "id": "pgr-9713", "citation": "OJ-033-1997", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Declassification of public land for Río Macho subdivision", "title_es": "Desafectación de terrenos para lotificación en Río Macho", "summary_en": "The Attorney General’s Office reviews a bill to declassify a surplus 1881.89 m² lot in Río Macho de Orosí, originally expropriated in 1942 for a school, police station, and sports plaza. It argues that removing public domain protection to satisfy private housing needs is inadvisable, noting the intended beneficiaries allegedly invaded the land illegally. It recommends investigating whether the land can still serve its original public purposes and hearing from local entities. It warns of possible ideological falsehood in the submitted plat, as indicated public streets do not exist. The opinion reiterates deep concern over the proliferation of declassification laws that undermine the public interest.", "primary_topic_id": "_off-topic", "topic_ids": [ "_off-topic" ], "date": "21/07/1997", "year": "1997", "json_url": "/data/legal/docs/pgr-9713.json", "html_url": "/legal/doc/pgr-9713", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=9713&strTipM=T" }, { "id": "pgr-9883", "citation": "OJ-058-1997", "section": "pgr_opinions", "doc_type": "legal_opinion", "title_en": "Proposed Decommissioning of Chira Island and its Legal Opposition", "title_es": "Desafectación de la Isla de Chira y su oposición jurídica", "summary_en": "The Attorney General's Office opposes the bill to remove Chira Island from the public domain in order to grant land titles to its current occupants. It identifies formal defects such as the failure to account for mangroves, the absence of vested rights after the unconstitutional enabling law was struck down, the unsuitability of the rural housing titling procedure, and the need for approval by the full Legislative Assembly. On the merits, it argues that the proposed decommissioning violates the constitutional duty to protect the environment, international treaties, and a long-standing legal tradition, since the public interest that underpins the public ownership of maritime islands remains fully in force for the benefit of present and future generations.", "primary_topic_id": null, "topic_ids": [], "date": "04/11/1997", "year": "1997", "json_url": "/data/legal/docs/pgr-9883.json", "html_url": "/legal/doc/pgr-9883", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=9883&strTipM=T" }, { "id": "pgr-9945", "citation": "C-230-1997", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Concessions on maritime-terrestrial zone land with illegal constructions", "title_es": "Concesiones en terrenos de zona marítimo terrestre con construcciones ilegales", "summary_en": "The Attorney General’s Office analyzes whether concessions may be granted on maritime-terrestrial zone land where illegal construction has occurred. It concludes that if construction was unauthorized, the municipality must first evict and demolish under Article 13 of Law 6043; a mere concession application confers no rights. If construction was authorized by an administrative act, that act must first be annulled — either through a lesividad declaration or evident nullity — before applying Article 13. Once the four-year limitation period has expired, improvements must be compensated before eviction and demolition. Concession applications from offenders must be processed under ordinary procedures and cannot be rejected outright. For constructions predating Law 6043, the special planning provisions of Article 69 apply.", "primary_topic_id": null, "topic_ids": [ "property-and-titling" ], "date": "03/12/1997", "year": "1997", "json_url": "/data/legal/docs/pgr-9945.json", "html_url": "/legal/doc/pgr-9945", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=9945&strTipM=T" }, { "id": "pgr-9959", "citation": "C-249-1997", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Inadequacy of Information for Perpetual Memory as Proof of Possession for Forest Harvesting", "title_es": "Insuficiencia de la información para perpetua memoria como prueba de posesión para el aprovechamiento forestal", "summary_en": "The Attorney General’s Office analyzes whether the Information for Perpetual Memory procedure under Article 897 of the Civil Procedure Code is sufficient to prove decennial possession and obtain forest harvesting permits on unregistered land. It concludes that this procedure is inadequate and legally inappropriate for proving possession because it lacks the safeguards of the special possessory information process—such as notification to the Public Prosecutor’s Office and IDA, publication of edicts, notification to neighbors, and judicial inspection—thus exposing State forest patrimony to abuse. It further holds that subsections a) and c) of Article 89 of the Forestry Law Regulation should be amended to require a final judicial resolution. The opinion partially modifies Opinion C-035-92.", "primary_topic_id": "forestry-law-7575", "topic_ids": [ "forestry-law-7575", "property-and-titling" ], "date": "24/12/1997", "year": "1997", "json_url": "/data/legal/docs/pgr-9959.json", "html_url": "/legal/doc/pgr-9959", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=9959&strTipM=T" }, { "id": "pgr-9979", "citation": "C-004-1998", "section": "pgr_opinions", "doc_type": "dictamen", "title_en": "Administrative eviction in the maritime-terrestrial zone at the request of another occupant", "title_es": "Desalojo administrativo en zona marítimo-terrestre a solicitud de otro ocupante", "summary_en": "The Attorney General's Office issues opinion C-004-98, analyzing whether a mere occupant of the maritime-terrestrial zone can request administrative authorities to evict other precarious occupants. It concludes that yes, it is possible, by virtue of the duty of all inhabitants to protect the coastal public domain, established in Article 1 of Law 6043. Administrative self-protection allows the Administration to recover possession of public domain property occupied without title, as long as due process is observed. However, if the requesting party is also an infringer, they must likewise be evicted. The lack of demarcation or a regulatory plan does not prevent the eviction, although certainty about the public nature of the land is required. Private possession over public domain property is incompatible with its legal nature and does not generate rights against the State.", "primary_topic_id": null, "topic_ids": [], "date": "07/01/1998", "year": "1998", "json_url": "/data/legal/docs/pgr-9979.json", "html_url": "/legal/doc/pgr-9979", "source_url": "https://pgrweb.go.cr/scij/Busqueda/Normativa/Pronunciamiento/pro_ficha.aspx?param6=1&nDictamen=9979&strTipM=T" } ] }